Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 09/14/1999 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 14, '1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA 1TEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 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 SUB..IE.C~?3 WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WR]Ti~NG W~TH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DA~/$ PRIOR TO TIlE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PET1T]~f3,NS'. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. 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. I. INVOCATION - Reverend Harold Brown, Lely Presbyterian Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. August 3, 1999 - Regular Meeting 1 September 14, 1999 ,.~._~ B. ,August 6, 1999 - Special Meeting C. August 9, 1999 - Special Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of September 20-24, 1999 as Industry Appreciation Week. To be accepted by Ms. Susan Pareigis, President, Economic Development Council B. SERVICE AWARDS .... 1) Robert Lester, Parks & Recreation - 20 Years 2) John Augustyn, Water- 15 Years 3) Mike McNees, County Administrators Office - 15 Years 4) James Maulden, Solid Waste- 10 Years 5) Charles O'Bannon, Water - 5 Years 6) Carol Mitchell, Library - 5 Years 7) John Plummer, Jr. EMS - 5 Years C. PRESENTATIONS 1) Recommendation to recognize Barbara DeSmet, Library Assistant I, Library Department, as Employee of the Month for August 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Appointment of members to the Rural Area Assessment Oversight Committees and discussion of the completion schedule for the Rural Area Assessment. 2 September 14, 1999 2) Joan Nunno representing New Hope Ministries requesting a waiver of ~ Temporary Use permit fee for semi-annual sales to be held through March 2002 at 7675 Davis Boulevard, Collier County, Florida. 3) Request for reimbursement of administrative fees assessed for lot mowing services performed on Avalon Estates, Unit 1, Block 5, Lot 4. 4) Request to forgive lien assessed for lot mowing services performed on Lot 3 of Naples Park Unit 1, Block 15. 5) Request for reimbursement of administrative fees assessed for lot mowing services performed on Lot 56 of Marco Beach Unit 23, Block 591. 6) Tourist Agreement for David Shealy for scientific and media expedition to study skunk apes. 7) Refund of road impact fees to Naples Community Hospital. ~..-... B. PUBLIC WORKS 1) Evaluation of current Immokalee Road Six Lane Improvement Project Drainage and Sidewalk Design; Project No. 69101; CIE No. 08. C. PUBLIC SERVICES 1) Seeking direction to halt progress on the design of the public golf course and off road motorized vehicle track, and direct staff to prepare a request for proposals for private development of a public golf course. 2) Review counter-offer submitted by Avatar Properties, Inc. for property located adjacent to the Golden Gate Community Center. 3) Approval to award Bid #99-2934, the new Domestic Animal Services Facility, to Professional Building Systems Inc. D. SUPPORT SERVICES 3 September 14, 1999 E. COUNTY ADMINISTRATOR. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT A. Recommendation to adopt a Resolution declaring a Land Development Code related emergency to permit an additional emergency amendment cycle in order to adopt Land Development Regulations that implements the interim amendments to Collier County's Growth management Plan as ordered by the Administration Commission. B. Retention of outside counsel for Collier County in lawsuit entitled Dwight E. Brock v. Robinson & Cole, L.L.P. and Collier County, Florida, Case No. 99-2910-CA. 10. BOARD OF COUNTY COMMISSIONERS ~..-. A. Consideration to increase the membership of the Collier County Community Health Care Ad Hoc Committee and confirm the appointment of a member. B. Appointment of members to the Collier County Airport Authority. C. Confirmation of members to the Select Committee for Community Character and Appearance. D. Appointment of Commissioners to the Value Adjustment Board. E. Discussion of County Administrator's Evaluation Procedure. F. This item has been deleted. G. Appointment of members to the Collier County Planning Commission. H. Appointment of member to the Collier County School Readiness Coalition. I. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. J. Request for approval and payment for Commissioner to attend civic function. K. Appointment of Commissioner to the Naples Airport Authority Noise Compatibility Committee. L. Update from Army Corps of Engineers staff on the Environmental Impact Statement. ~ M. Florida Coalition of Coastal Communities - presentation by Fred Dudley (Commissioner Constantine). N. Discussion of utilizing professional facilitating services for Comp Plan Amendments. 4 September 14, 1999 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Request transfer of $848,900 from Reserves for Contingencies to the Sheriff's Office Operating Fund. B, PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS I) Remedial Amendment CPR-99-1, an ordinance to rescind Comprehensive Plan Amendments found not "in compliance" by the Recommended Order issued by the Governor and the Cabinet on June 22, 1999; to vest certain properties rezoned in activity centers; to correct scrivener's errors in the Golden Gate Area Master Plan and to re-adopt ali remaining Evaluation and Appraisal Report based amendments. 2) Remedial Amendment CPR-99-2, transmittal of a Resolution to the Department of Community Affairs for review of Comprehensive Plan Amendments that provide policies to conduct a Rural and Agricultural Assessment; provide for interim development standards; and identify Natural Resource Protection Areas. B. ZONING AMENDMENTS 1) Petition R-99-06, William L. Hoover of Hoover Planning representing Eugene K. and Krystyna A. Krygier, requesting to change the zoning classification of a property from "E" Estates to "C-l/T" Professional Commercial Transitional District. The subject property is located on the south side of Davis Boulevard approximately one quarter of a mile west of County Barn Road in Section 8, Township 50 South, Range 25 East, Collier County, Florida. This site consists of 3.183 acres. 5 September 14, 1999 C. OTHER 1) An ordinance amending Ordinance 77-51, relating to the condition of public swimming pools and the competence of pool service and maintenance personnel. 2) An ordinance amending Ordinance No. 92-60, as amended, relating to the levy of a 2% Tourist Development Tax and an additional 1% tax throughout Collier County pursuant to the Local Option Tourist Development Act, Section 125.0104, Florida Statutes: providing for amendment to Section Three concerning the use of tax revenues to extend the duration of the 1% tax and to change the percentages allocated to beaches and advertising and promotion; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. 3) Public Hearing to consider adoption of an ordinance establishing the Mediterra South Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition SV-99-03, Anita K. Brown of Fabulous Faucets, Inc. requesting a 50 foot variance from the required 150 foot road frontage for a pole sign to 100 feet for a property located at 12052 Tamiami Trail North. 2) THIS ITEM WAS CONTINUED FROM THE AUGUST 3~ 1999 MEETING AND IS FURTHER CONTINUED TO THE SEPTEMBER 28~ 1999 MEETING. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A. representing Gulf Coast Building Association, requesting approval of off-site parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 6 September 14, 1999 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of"Carson Lakes", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Request to approve for recording the final plat of "Addison Reserve" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) Request to approve for recording the final plat of"Santa Rosa at Olde Cypress" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Request to approve for recording the final plat of "Mallards Landing" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Request to approve for recording the final plat of"Pebblebrooke Lakes Phase 2" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Pelican Lake RV Resort, Phase Two" 7) Approval to assume some of the maintenance responsibility of the drainage easement of Majestic Pines of Willoughby. 8) Assignment Agreement for easement for Pelican Marsh Unit 18 (Bay Laurel Drive) 9) Recommendation to approve Excavation Permit No. 59.710 TTT Tract 119 Commercial Excavation located in Section 4, Township 48 South, Range 28 East: Bounded on the north by vacant lot, on the east by ag, on the west by 46th Street NE R/W and on the south by vacant lot. 10) Recommendation to approve Excavation Permit No. 59.709 TTT Tract 118 Commercial Excavation located in Section 4, Township 48 South, Range 28 East: bounded on the north by vacant lot, on the east by ag, on the west by 46th Street NE R/W and on the south by vacant lot. 11) Recommendation to approve Commercial Excavation Permit No. 59.697, "Cochran Excavation and Homesite' located in Section 31, Township 48 South, Range 28 East: bounded on the north, east, and south by vacant land zoned ~ Estates, and on the west by the main Golden Gate Canal and agricultural land. 12) Recommendation to approve Commercial Excavation Permit No. 59.711; "Jim Weeks Commercial Excavation TR 5, U 72" located in Section 28, Township 48 7 September 14, 1999 South, Range 28 East: bounded on the north, east, south, and west by vacant ~--- land zoned Estates and on the west by the main Faka Union Canal. 13) Recommendation to approve Commercial Excavation Permit No. 59.702, "56th Ave., NE/Jolly Trucking" located in Section 4, Township 48 South, Range 28 East: bounded on the north, west ,and south by vacant land zoned Estates, and on the east by vacant agricultural land. 14) Memorandum of Agreement with the Southwest Florida Regional Planning Council for Public Transportation Operations Services. 15) Memorandum of Agreement with the State of Florida Commission for the Transportation Disadvantaged. 16) Request the Board set a public hearing date for December 14, 1999 for consideration of a proposed Development Order and Ordinance for a Development of Regional Impact and PUD rezoning for Petitions DRI-99-1 and PUD-99-23. 17) Approve Tourist Agreements for Naples Community Sailing Center Regatta $6,000; Gulf Coast Runners 20K Race $3,400; Collier County Airport Authority Advertising and Promotion expenses for FY99-00 $77,854.70\ 18) Approve a resolution expanding the physical boundary of the Immokalee Enterprise Zone pursuant to the Florida Empowerment Zone Act. 19) Approve a resolution endorsing Harvest for Humanity, Inc. as a sponsoring '~'-~ agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. 20) Approve a resolution supporting Arthrex, Inc. as a qualified applicant pursuant to s.288.106, Florida Statutes; providing an appropriation of $6,000 as local participation in the Qualified Target Industry Tax Refund Program for Fiscal Year(s) 2000 through 2003; providing for an effective date. 21) Authorization of a 100% waiver of impact fees for one house to be built by Andree R. Volcimus at 1090 Lake Trafford Road, Immokalee, Collier County, Florida. 22) Authorization of a 100% waiver of impact fees for one house to be built by Aliedo Dorvilus and Velina Dorvilus at 5031 17th Place, S.W. Golden Gate City, Collier County, Florida. 23) Approve transfer of the MediaOne group cable television franchise to AT&T Corporation. 24) This item has been deleted. 25) Request to approve for recording the final plat of"Terramar" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 26) Approval of a Budget Amendment transferring funds from 113 Reserves for Fire Plan Review. 27) THIS ITEM HAS BEEN WITHDRAWN. 8 September 14, 1999 28) Request to approve for recording the final plat of"Silver Lakes Phase Two - F' and approval of the performance security. 29) Request to approve for recording the final plat of "Sanctuary Pointe at Sterling Oaks" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. B. PUBLIC WORKS 1) Approve Change Order Related to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project 70859/70828. 2) Award a Construction Contract to Bonness, Inc. to Construct the Proposed Intersection Improvements at C.R. 951 and White Boulevard, Project No. 69173, Bid No. 98-2886. 3) Petition TM 95-05 for Neighborhood Traffic Management for Lakewood Boulevard, Boca Ciega Drive and Beechwood Lake Drive. 4) Authorize the Chairwoman to accept the Recycling & Education, Waste Tire, ~ and Litter Control and Prevention Grant Agreements and Authorize the Solid Waste Director to sign the Agreements. 5) Recommendation to Award Three Annual Bids Number 99-2936 - milling of existing asphalt roadway, 99-2940 - asphalt and related items, 99-2942- purchase and delivery of concrete and metal culvert pipe, for Fiscal Year 1999/2000. 6) Award Intersection Improvement Construction Contract under the County's Roadway Contracting Services Contract #98-2905, lmmokalee Road-Oil Well Road Intersection Improvements, Project #66065, Work Order #RCS-99-HRB- 01. 7) Recommendation that the Board of Collier County Commissioners approve Lewis Environmental Services, Inc. for Environmental Consultant Services for Clam Bay Interior Tidal Creeks Phases II & Ill and Approve the Necessary Budget Amendment. 8) Recommendation that the Board of County Commissioners approve the Staff Selection of Firms and Award Agreements with firms for the Fixed Term Mechanical/Electrical Engineering Services (RFP #99-2929). 9) Approve Renewal of the Upland Sand Agreement with Bonita Grande Sand Company and Authorize Payment of the Annual Stockpiling Fee. 10) Approve Two Resolutions Authorizing the County Administrator to Execute a Highway Beautification Grant Application and Attendant Agreements with the ...... Florida Department of Transportation for East U.S. 41 Landscape Improvements. 11) Award a Contract to Native Technologies, Inc. for Phase UII of the County- Wide Australian Pine Removal Project, Bid No. 99-2982. 9 September 14, 1999 12) Approve Amendment 1 to a Professional Services Agreement for Engineering ~-~ Services during Construction of County Utility Relocations in Conjunction with U.S. 41 Widening from Myrtle Road to Old U.S. 41, Projects 70047, 70048, and 73048. 13) Authorize Water Director to Accept Department of Environmental Protection Settlement Offer. 14) Approve Work Order PWED-DH-09 to D.N. Higgins, Inc. for Construction Services to Relocate a 30-Inch Raw Water Valve near White and Weber Boulevards. 15) Consideration of a Budget Amendment for the Purchase of Furniture and Equipment for Expanded Office Space, and Hand-Held Radios for the Traffic Operations Section. 16) Award Bid #99-2972 - "Immokalee MSTU/MSTD Roadway Grounds Maintenance." 17) Approve Budget Amendment to Amend the South County Regional Wastewater Treatment Facility State Revolving Fund Loan Budget. 18) Request Board Approval to Waive Landfill Tipping Fees for the Coastal Clean- Up Project. C. PUBLIC SERVICES 1) Acceptance of Library Long Range Plan in order to qualify for FY 2000 Library Operating Grant (State Aid to Libraries), administered by the Florida Department of State, Division of Library Information Services, and permission for Chairwoman to sign application. 2) Approval of a budget amendment recognizing the $58,581 Grant from the Gates Learning Foundation. 3) Approval of agreement for the 1999-00 funding contribution to the David Lawrence Mental Health Center, Inc. 4) Approval of a contract between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District Twenty Medical Examiner. 5) Approve agreements for sale and purchase for additional property needed to ~ complete the future North Naples Regional Park. 6) Approval of a Limited Use License Agreement with the Naples Italian American Club, Inc. for use of County-owned land for parking. 10 September 14, 1999 7) Award of Bid #99-2946 to re-sod and renovate a soccer/football field at Golden Gate Community Park. 8) Approve budget amendment for Summer Food Service Program. 9) Approve agreement with performers for Country Jamboree. 10) Approve a Change Order for Eagle Lakes Community Park project. 11) This item has been deleted. 12) Approve a budget amendment to fund the previously approved Naples Beach Ends project. D. SUPPORT SERVICES ~__. 1) Recommendation to Change the Invoice Provision in Contract No. 96-2488, On- Call Roofing and Inspections Services. 2) Approve a Budget Amendment to Appropriate the Maintenance Service Revenues for Reimbursement of Operating Expenses. 3) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 4) Authorization by the Board of County Commissioners as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District, and the Marco Water and Sewer District, Approving the Special Assessment Hardship Deferrals for Certain Sewer Special Assessments for the 1999 Tax Year. 5) Acceptance of Proposal from Douglas N. Higgins, Inc., under Contract, to Install a Lift Station and Force Main at the Collier County Maintenance Facility on County Barn Road. 6) Adopt a Resolution Authorizing the Acquisition by Gift or Purchase of Certain Interests by Easement and/or Fee Simple Title for Livingston Road between Vanderbilt Beach Road and Pine Ridge Road CIE No. 58. 7) Approve and Execute a First Amendment to Agreement to Provide for a Six (6) Month Extension in Order to Utilize Funds from the GAC Land Trust to Construct Rural Safety Refuge Facilities within Golden Gate Estates. 8) Execute Affidavit of No Objection for the Florida Department of Environmental Protection Concerning the Barge at Goodland Bridge. 11 September 14, 1999 9) Recommendation to Award Two (2) Annual Bids, Number 99-2943 and 99- 2944. 10) Renewal of the Contract Between Florida Employers Insurance Service Corporation ("FEISCO") and Collier County. 11) Renewal of the Contract with Cramer, ,Johnson, Wiggins and Associates for Property and Casualty Insurance Adjusting Services. '-- E. COUNTY ADMINISTRATOR 1) Ratification by the Board of County Commissioners of consent/emergency items approved during the Board's absence. A. Award RFP 99-2952 for tennis and basketball court resurfacing. B. Budget amendment report - budget amendments #99-383, g99-394, #99-398 and #99-401. C. Approve Bid #99-2964 - Lely Golf Estates beautification MSTU roadway grounds maintenance. D. Award Bid #99-2956 - Airport-Pulling Road grounds maintenance service. E. Recommendation that the Board award Bid #99-2941 for the purchase and delivery of pine straw mulch to Custom Pine Straw, Inc. F. Approve a budget amendment for the Eagle Creek master pump station and force Main project No. 73057. G. Award Bid 099-2954 for emergency and scheduled sewage hauling. H. Approve a budget amendment for Pathways Project 69081. 1. Approve budget amendment to recognize revenue (from tower lease at Vineyards Community Park). 12 September 14, 1999 J. Approve budget amendment to fund the previously approved Naples A Landing Project from Fund 306-919010-99100 to Fund 306-156314- 881400. K. Approve budget amendment to recognize revenue (insurance proceeds from claim of vandalism of trailer at South Park, Immokalee). L. Approval of a sublease agreement with South Florida Water Management District and GTE Wireless of the South, Inc. M. Approval for sole source purchasing of 800 MHz radio equipment and services. N. Approve budget amendment to Fund 517, Group Health Insurance. O. Award Bid No. 99-2953 for the purchase of personal protective equipment. P. Budget amendment report - budget amendment #99-399 and #99-413. Q. Board approval for a modification to Work Order RCA-98-BR-01 with Better Roads, Inc. for the construction of Shadowlawn Dr. and Davis Blvd. intersection improvements- Project No. 69183. R. Budget Amendment Report - budget amendment 099-418, #99-423, #99- 395, #99-412 ) 2) Approve request for County Administrator to attend Menninger Leadership Conference. 3) Budget Amendment Report - Budget Amendment 099-431. F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 1) Approve an interlocal agreement between the North Naples Fire Control and Rescue District and Collier County. 2) Agreement approval between Collier County and the State of Florida Department of Community Affairs for the review and update of hazard analysis at facilities possessing extremely hazardous substances at or above the threshold planning quantity within Collier County. 3) Modification of local mitigation strategy contractual agreements between ~ Collier County and the Cities of Everglades City, Marco Island and Naples. 4) Approval of Work Order No. BSW-FT-99-4 for architectural and engineering services for the design of an Emergency Medical Services and future Sheriff's Office Facility to be located in Golden Gate Estates. 13 September 14, 1999 5) Approve Budget Amendment to purchase a 1991 S-10 Chevrolet Blazer, 1994 Ford Bronco and Improvements. 6) This item has been deleted. 7) Approve the resolution, County Grant Application and the Grant Distribution Form for EMS medical equipment. 8) Execute contractual agreements with the East Naples and Golden Gate Fire Control and Rescue Districts for fire and rescue services within the Collier County Fire Control District. H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing Chairwoman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 82-658- CFA and 92-484-CJA 2) Miscellaneous items to file for record with action as directed. I. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the use of confiscated trust funds to help support the cost of crime prevention materials. 2) Recommend that the Board of Commissioners endorse the U. S. Department of Justice COPS MORE '98 Grant 28 C.F.R. Part 23 certification form. J. COUNTY ATTORNEY 1) A Resolution authorizing the proper officials of the county and state to cancel the tax lien certificates held by Collier County on properties owned by the United States Government and located within the Big Cypress Preserve pursuant to Section 196.28, Florida Statutes. 14 September 14, 1999 2) Recommendation that the Board approve a Continuing Retention Agreement "'-" for legal services on an "as needed" basis with the law firm of Nabors, Giblin & Nickerson, P.A., to meet County Purchasing Policy contract update requirements. 3) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to make a loan to Community Healthcare, lnc. (Naples Community Hospital) pursuant to a Master Financing Agreement approved by the Authority and the Board of County Commissioners in August, 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations. 4) Recommendation to approve a Legal Services Agreement with Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. as legal counsel to represent County relating to County's interest in the Naples Beach Restoration Project. K. AIRPORT AUTHORITY 1) Immokalee Regional Airport Conservation Easement. 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. A. Approval of a Resolution Approving the Preliminary Assessment Roll as the Final Assessment Roll and Adopting Same as the Non-Ad Valorem Assessment Roll for Purposes of Utilizing the Uniform Method of Collection Pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment Levied Against Certain Residential Properties Within the Unincorporated Area of Collier County Pursuant to Collier County Ordinance 90- 30, As Amended. B. Approval of a Resolution Approving the Preliminary Assessment Roll as the Final Assessment Roll and Adopting Same as the Non-Ad Valorem Assessment Roll for 15 September 14, 1999 Purposes of Utilizing the Uniform Method of Collection Pursuant to Section ~--- 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment Levied Against Certain Residential Properties Within the Unincorporated Area of Collier County Pursuant to Collier County Ordinance 90- 30, As Amended. C. Petition PUD-96-10(2) William L. Hoover, AICP, representing the Reverend David Mallory, requesting and amendment from "A" Rural Agriculture and "PUD" Planned Unit Development to "PUD", by increasing the acreage by 10.3 acres from 68.8 acres to 79.1 acres, for a mixed-use residential and religious development to be known as The First Assembly Ministries Education and Rehabilitation Campus PUD, on property located at the northeast corner of the intersection of CR-951 and The Lord's Way, in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 79.1 + acres. D. THIS ITEM WAS CONTINUED FROM THE AUGUST 3~ 1999 MEETING AND 1S FURTHER CONTINUED TO THE SEPTEMBER 28~ 1999 MEETING. Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 111th Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +acres. ~ E. THIS ITEM WAS CONTINUED FROM THE AUGUST 3~ 1999 MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 12~ 1999 MEETING. Petition PUD-98-20, William L. Hoover, AICP, representing Gulf Sun Corporation, requesting a rezone form "A" to "PUD" to be known as Whippoorwill Lakes PUD, a residential development not to exceed 518 dwelling units, on property located approximately ¼ mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Sectionl8, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85 + acres. F. Petition R-99-5, Thad Kirkpatrick of Cummings & Lockwood, representing Quail Creek Country Club, Inc., requesting a rezone from "RSF-2" to "GC" Golf Course for a golf course maintenance facility for property located at 4400 Pond Apple Drive, further described as Outlot A, Quail Creek Unit Two, in Section 17, Township 48 South, Range 26 East, Collier County, Florida, consisting of 3.179 +/- acres. G. Petition CU-99-13, Terrance L. Kepple of Kepple Engineering, Inc., representing Edward Reddish requesting Conditional Use "14" of the Industrial Zoning District to allow for a refuse and recycling facility for property located on the north side of Progress Avenue and approximately 1,000 feet west of Industrial Boulevard within the Naples Production Park, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. H. THIS ITEM HAS BEEN DELETED. I. Petition SNR-99-01, Stephanie Yonge, requesting a street name change from Waterloo Road to Waterloo Court, located in Waterways of Naples Unit 2, in .... Section 14, Township 48 South, Range 27 East. J. Petition SNR-99-02, Jeffrey A. Nunner, representing the V Group of Florida, Incorporated, requesting a street name change from Napa Boulevard to Cleveland 16 September 14, 1999 Clinic Boulevard, located in Vineyards Subdivision in Section 8, Township 48 South, ...---. Range 26 east and in Golden gate Estates Subdivision. K. Petition SNR-99-03, Tom Masters, representing Vineyards Development Corporation, requesting a street name change from Terra Via Court to Terracina Court, located in Terracina in the Vineyards PUD, in Section 5, Township 49 South, Range 26 East. L. Petition SNR-99-4, Michael J. Landy, representing Butler Engineering, requesting a street name change from Waterways Boulevard to Grand Rapids Boulevard, located in Waterways of Naples Subdivision, in Section 14, Township 48 South, Range 27 East. M. Petition VAC 99-008 to vacate the 20' wide lake maintenance easement on Lots 106, 130, 131,133, 134, and 135 and to accept a 20' wide lake maintenance easement as a replacement easement and to vacate the 15' wide drainage easement on Lots 124, 125, 141, and 142 and to accept a 15' wide drainage easement as a replacement easement, all according to the Plat of "Glen Eden, Phase One", as recorded in Plat Book 29, Pages 86 and 87, Public Records of Collier County, Florida, located in Section 9, Township 48 South, Range 25 East. N. Petition CCSL-99-2, Coastal Engineering Consultants, representing the Collier County Board of Commissioners, requesting a Coastal Construction Setback Line variance to allow for construction of additional decking, located at Clam Pass County Park Beach Facility, Pelican Bay Planned Unit Development (see exhibit A for Legal Description), Section 5, Township 49 South, Range 25 East, Collier County, FL. O. Community Development and Environmental Services Division requesting approval of an Ordinance amending Ordinance Number 81-91 Summerwood PUD, to correct a scriveners error providing that existing exotic vegetation may not be removed from the required buffer for property located within the Summerwood PUD, location on the south side of Radio Road. P. Approval of an Ordinance amending Ordinance 99-46 Land Development Code Amendments to correct a scriveners error due to the omission of an amendment to facilitate off-site parking duly heard and approved at a Public Hearing on June 16, 1999. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 17 September 14, 1999 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING SEPTEMBER 14~ 1999 WITHDRAW: ITEM 8(B)(1) - Evaluation of current Immokalee Road six lane improvement project drainage and sidewalk design; Project No. 69101; CIE No. 08 (Commissioner Mac'Kie). WITHDRAW: ITEM 10(L) - Update from Army Corps of Engineers staff on the Environmental Impact Statement (Commissioner Mac'Kie). MOVE: ITEM 17(J) TO 12(C)(4) - Petition SNR-99-02, street name change from Napa Blvd. to Cleveland Clinic Blvd. - Vineyards Subdivision. (Staff's request). NOTE: ITEMS 12(A)(1) AND 12(A)(2) WILL BE HEARD AT 9:30 AM TIME CERTAIN: 1) Remedial amendment CPR-99-1, an ordinance to rescind Comprehensive Plan Amendments found not in compliance by the recommended order; 2) Remedial amendment CPR-99-2 transmittal of a resolution to the DCA for review of Comprehensive Plan Amendments that provide policies to conduct a rural and agricultural assessment. CORRECT ITEM 10(G) TO INCLUDE: Appointment of members to the Collier County Planning Commission for districts 1~ 2~ 3 & 4 {BCC Office). PROCLAA4A TION WHEREAS, industry in Collier County is vital to the community'~ economic health and Collier County's existin9 industries are the key to prosperous future; and, WHEREAS, the Economic Development Council of Collier County, through the public/private partnership for economic prosperity with the Collier County Board o£ Commissioners, works to create ~ddition~l ~conomic oppoetuni~ ~ Collide Coun~ through th~ e~t~ntion and expansion oi h~h wage jobs in t~eg~t~d industries; and, W~E~A5, ~igh~ p~c~nt o~ th~ n~w jobs c~at~d will com~ ~eom ~xistin industry in Colli~ Coon~; ~nd, W~EREAS, Colliec Coun~ ~ industries h~lp sustain our quoli~ o~ lii~ ~x~mpli~y high standocds oi ~xc~llenc~ ond a positive, responsibl~ approach to ~conomic diversification and communi~ ~nhanc~m~nt; and, W~EREAS, the Economic b~wlopm~nt Council o~ Collide Coun~ and Colli~ Coon~ Boo~d oF Coun~ ~ommission~rs solut~ Iocol businesses ~or mokin9 Colli~r Coun~ ~ d~sirobl~ place to liw ond work. ~OW T~EFO~ be it procloim~d by th~ Boa~d oF Coun~ ~ommfssion~r~ Collide Count, Florida, that th~ w~k 5ept~mb~r ~0-~4, b~ designated ns INDUSTRY APPRE~A ~ON WEEK and u~ oR r~s~d~nts to solut~ our indus~i~s ~d their for th~iP contr~bution to our communi~. DONE AND ORDERED THIS 14th Day of S~pt~mb~r, BOARD OF COUN~ CO~ER COUNt, FLORIDA PA~fELA S. 4~AC'KIE, CHAIRWOA4AN ATTEST: DWI6HT E BROCK, CLERK AGENDA ITEM No. ~'~/~/' SEP 1 q 1999 pg. [ EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE BARBARA DeSMET, LIBRARY ASSISTANT I, LIBRARY DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR AUGUST 1999. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Barbara has been with the Library Department since 1996. In that time she has created and updated computerized forms in Excel for the Vanderbilt Beach Branch Library including: children's programming statistics and the monthly door count, to name a few. The forms she's created have saved countless hours of staff time and have been so effective they are being used by other branch libraries. Barbara also maintains a database of all current library volunteers. Always the first to help out wherever she can, it is not uncommon to find Barbara in the Library nearly every Sunday on her own time to empty the book drop. She excels in customer service and often receives words of praise from library patrons. Barbara is a self-starter who requires little supervision and is truly deserving of being named Collier County's Employee of the Month for August. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Barbara DeSmet, Library Assistant I, Library Department, be recognized as the "Employee of the Month" for August 1999. Mary-§~._l~;~k Administrative Secretary M~chael A. McNees, Assistant County Administrator Staff Liaison to the Employee Adviso~ Commiffee~ AGENDA ITEM No.- ~.,~ 1 1999 , EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE RURAL AREA ASSESSMENT OVERSIGHT COMMITTEES AND DISCUSSION OF THE COMPLETION SCHEDULE FOR THE RURAL AREA ASSESSMENT. OBJECTIVE: Pursuant to the Board's direction on August 3, 1999, the objective of this executive summary is to provide the Board with a list of candidates for appointment to the Rural Lands Area Assessment Oversight Committee and the Rural Fringe Area Assessment Oversight Committee, and to provide the Board with a draft schedule for completion of the Rural Area Assessment within the time frames set forth in the Final Order (AC-99-002) issued by the Administration Commission, on June 22, 1999. CONSIDERATIONS: On August 3, 1999, the BCC endorsed a bifurcated process for accomplishing the Rural Area Assessment. These two processes will occur simultaneously, with the intention of completing all or part of the Rural Fringe Assessment within approximately 12 months, and the assessment for the balance of the rural area within 24 to 30 months. It should be noted that the Final Order does encourage "the County to consider the appropriateness of undertaking this Assessment in phases designed to address short-term as well as long term community needs and geographical differences'.1 Thus, both the Rural Fringe Assessment and the Assessment for the balance of the rural area may result in consideration of comprehensive plan amendments for all or part of these areas, on a phased schedule. In accordance with the parameters set forth in the Final Order, the Rural Area Assessment "must be a collaborative, community-based effort with full and broad-based public participation.''2 The Final Order further states that "... participation must be wide in scope with broad community input. State and regional agencies are hereby directed to participate and assist in the effort. The County shall ensure community input through workshops, public opinion surveys and committees as necessary to undertake various tasks in the study." 3 It is, therefore, critical that the make-up of both the Rural Lands Area Assessment Oversight Committee and the Rural Fringe Area Assessment Oversight Committee be a representative cross-section of the public and include some members with technical and scientific experience and analytical skills. This may be achieved by including representatives of various State and regional agencies. Specifically, staff recommends that the Water Management District, the Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Game and Fish Commission be represented on both committees and that a representative of the Florida Department of Agriculture be included 'on the Rural Lands Area Assessment Oversight Committee. Both committees must adhere to the statutory "Government in the Sunshine" regulations. Additionally, with respect to "conflict of interest" issues, staff has had discussions with both the County Attorney's Office and with David Anderson, attorney for the Florida Ethics Commission. As a result of these discussions staff recommends the following with respect to appointment of members to both committees: ~ Final Order No. AC-99-002. State of Florida Administration Commission, Page 10. 2 Final Order No. AC-99-002, State of Florida Administration Commission, Page 10. 3 Final Order No. AC-99-002, State of Florida Administration Commission, Page 12. - SEP 1 4 1999 Pg. No individual owning or related4 to an owner of more than one percent of the property within the Rural Agricultural Assessment Area or within the Rural Fringe Assessment Area should be appointed to a respective committee; No consultant, attorney or other paid representative of an owner of property or contract purchaser of property within the Rural Agricultural Assessment Area or within the Rural Fringe Assessment Area should be appointed to the respective committee, regardless of the size of land under ownership or contract for purchase; No individual whose employer owns property within the Rural Agricultural Assessment Area or within the Rural Fringe Assessment Area should be appointed to the respective committee. Additionally, the County Attorney's Office is currently researching the conflict of interest issues as they relate to paid employees of advocacy groups and employees of government agencies. The County Attorney's Office will be available to discuss these issues and respond to questions from the Board on September 14, 1999. It should be noted that either committee may request input from experts and from stakeholders, including property owners and attorneys or consultants representing property owners. Separate ads identifying these two committees with maps identifying the separate areas of assessment were placed in the Naples Daily News and the Immokalee Bulletin. Persons interested in serving on these committees were asked to send a copy of a resume with a cover letter to the Attention of the Planning Department Director on or before September 1, 1999. Additionally, the Department of Public Information aired similar notifications on the County Bulletin Board on channel 54 between August 19, and Sept 1, 1999. The Bulletin Board is aired 8 to 10 times per day. In addition to individuals who sent in letters requesting appointment to one or both of these committees, on August 3, 1999, the Board endorsed using the members of the Density Reduction Technical Working Group as a pool of possible appointees for the Rural Fringe Area Assessment Oversight Committee. Staff contacted each member of the Density Reduction Technical Working Group to determine if he or she was willing to serve on the Rural Fringe Assessment Area Oversight Committee. Additionally, staff inquired as to whether or not candidates: a) owned or had relatives who owned land within the Rural Fringe Assessment Area (and if so how much land); b) were the employee of and individual or other entity that owned land in the Rural Fringe Area; and, c) were a consultant, attorney or other paid representative of an owner of property or contract purchaser of property within the Rural Fringe Area. A list of applicants for the Rural Fringe Area Assessment Oversight Committee is attached hereto. To reiterate, the Rural Lands Assessment Oversight Committee is charged with overseeing the assessment process for the balance of the rural area (excluding the Rural Fringe Area). In addition to individuals who submitted letters indicating a desire to serve on this committee, the Board stated they would consider appointing individuals mentioned as potential committee members during their April 13, 1999, meeting and those mentioned by Commissioner Berry at the August 3, 1999 Board meeting. Staff attempted to contact each applicant to determine if he or she was willing to serve on the Rural Lands Area Assessment Oversight Committee. Additionally, staff inquired as to whether or not these individuals: a) owned or had relatives who~land 4 Florida Statutes (Section 112.3143) define a relation as "... father, mother, son, daughter, husband, x ife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law." ~/~ ~[ 4 1999 within the Rural Lands Assessment Area (and if so how much land); b) were the employee of and individual or other entity that owned land in the Rural Lands Assessment Area; and, c) were a consultant, attorney or other paid representative of an owner of property or contract purchaser of property within the Rural Lands Assessment Area. Attached hereto and labeled as Exhibit "B" is a list of potential candidates for appointment to the Rural Lands Area Assessment Oversight Committee. Attached to this executive summary is a draft schedule for both of the assessment processes. The schedule is flexible and may need to be varied depending upon the data collection and analysis phases, and the desires of the respective oversight committees. FISCAL IMPACT: This executive summary generates no fiscal impact. STAFF RECOMMENDATION: That the Board adopts either: 1) An ordinance establishing a 10 member Rural Fringe Area Assessment Oversight Committee and an ordinance establishing a 15 member Rural Area Assessment Oversight committee; or 2) An ordinance establishing a singular 20 member Rural Area Assessment Oversight Committee (one committee to oversee all phases of the assessment). REVIEWED BY: ,//~'~L"x~ Date: Robert J. Mulhere, AICP P~l/a~g Services~e~ partment Director Vincent A. Cautero, AICP Community Development & Environmental Services Administrator ) Schedule for Rural Fri,._ rea Assessment ) PROJECTED COMPLETION TASK PROJECT TIME FRAME DATE Appointment of Rural Fringe Area Assement Oversight Committee September 14, 1999 Staff Presents Proposed Data Sources & Analysis Methodologies to Committee at Advertised Meeting * OctobeflNovember 1999 Staff Presentation to Joint Meeting of CCPC/EAC of Data Sources & Analysis Methodologies* November-99 Staff Presentation of Advisory Committee(s) Reccomendations on Data Sources & Anal~,sis Methodologies* December-99 Ongoing - January 2000 (may be phased bby January 2000 ( at least for Supplental Data Collection & Analysis land areas in the Frin~le) be phased) 2000 Presentation of Draft Comp Plan Amedments to Committee*(may be for one or mom.phases) Public Workshop/Townhall Meeting for Presentation of Draft Comp Plan Amedments Feb Presentation of Draft Comp Plan Amedments to Joint CCPC/EAC*(ma~ be for one or more phases)Frown Hall Meeting Feb BCC Transmittal Hearing on Draft Comp Plan Amedments* (may be for one or more phases) March-99 Supplental Data Collection & Analysis Ongoing through September - 00 September-O0 Development of Draft Comprehensive Plan Amendments for Additional Phases of Rural FringeArea (if necessary) Ongoing through September - O0 September-00 Additional Committee Meetings (for additional phases if Ongoing through October - 00 October-00 Public Workshop/-I-ownhall Meeting for Presentation of Draft Comp Plan Amedments fro additional Phases if Necessary October-00 Additional Joint CCPC/EAC Meetings(if necessa~___).) Nov-00 BCC Transmittal Meetings..___~(for additioanl phases if necessary)~ November-00 Rural Fringe Area Assessment Oversight Committee Owner or Relative Paid of Owner of Land in Employed by Representative, the Rural Fringe Owner of Land in Advocate, or Area (Greater than Assessment Area Consultant for one percent of (other than Owner of Land Rurla Fringe Government in Assessment Committee Applicant Current Employer Profession/Occ. upation Assessment Area) Agency) Area Beever, Jim (or other Florida Fish & Wildife appointee0 Commission Biologist No No No Biles, Fay, Ph.D. Retired Educator No No No Boggs, Alan D. Retired Exxon Corp. Engineer No No No Boggs, Susan No No No Boler, Bruce (or other ,Florida Department of appointee) 'Environmental Protection Environmental Manager No No No Conrecode, Tom The "V" Group Civil Engineer No No No 'Philamonic Center for the Cornell, Bradley Arts Music Librarian No No No Southwest Florida Reginal Daltry, Wayne (or other Planning Council, Executive ~ ppointee) Director Community Planner No No No ! ) Rural Fringe Area Assessm. )Oversight Committee ) Owner or Relative Paid of Owner of Land in Employed by Representative, the Rural Fringe Owner of Land in Advocate, or Area (Greater than Assessment Area Consultant for one percent of (other than Owner of Land Rurla Fringe Government in Assessment Committee Applicant Current Employ/er Profession/Occupation Assessment Area) Agenc¥) Area 9 Dykstra, Roger Self-Emplyed Eco-tourism No No No Collier Building Industry 10 Ellis, David Association Executive Director No No No Guggenheim, David E., Conservancy of Southwest 11 Ph.D. Florida Presdent & CEO ~1o No No At the time of submittal of tbs executive summarry staff was unable to conatct the applicant. Staff will endeavor to obtain repsonse to these questions prior tot he Sept. 14, 1999 BCC 12 Hackney, Lucinda Kidd Tuff Publications Photojournalist meetin~l 13 Hayes, Gary Plumbing Contractor No No qO Naples Area Chamber of 14 Jantsch, Dawn D.,CAE Commerce President No No No Executive Vice Presdient, 15 Lehn, Michael D. Sun Trust Bank Senior Lender No No No 16 Miller, Patrick K. ;Gulf Coast National Bank Senior Vice Presidnet qo No No 1'7 M )hike, Chuck Frazier,Mohlke & Associates Consulting/Polling Firm No No No .m m Rural Fringe Area Assessment Oversight Committee Owner or Relative Paid of Owner of Land in Employed by Representative, the Rural Fringe Owner of Land in Advocate, or Area (Greater than Assessment Area Consultant for one percent of (other than Owner of Land Rurla Fringe Government in Assessment Committee Applicant Current Employer Profession/Occupation Assessment Area) Agency) Area 18 Pelletier, Ray Self-employed Landscape Contrator no No No Woodward, Pires & 19 Pires, Anthony P. Lombardo, P.A. Attorney No ~No No 20 ,Poplock, Ronnie Self_employed Certified Public No ,No No Condominium Association 21 Stirns, Louis Manager Property Manager No No No Tears, Clarence (or other SFWMD (Big Cypress Civil Engineer, Exec.. 22 appointee) Basin) Director No No No 23 Wilkins, Wes R. Disney. & Asociates Architect No No No Watermark Communities, 24 Zichella, A.R. Inc. Construction Manager No ~No No I' HENDRY COUN ['~ RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMrr'rEE STUDY AREA ~o.,~ co.~y ~,o~,a. / (~F~:~' LEE COUNTY HENOR~ COUNT~' ~ ~ S~RAND -I MONROE COUNT~ Rural Fringe Area Assessment Oversight Committee Application Letters AGENOA ITF..M SEP 1 ~ 1999 ~ P. I~.~ J~** ATTORNEYS*AT-LAW J. C~K~TO~.k S~N V. JOHN A. ~E E. PAUL L BU~ L. SAU~ OF C~EL Au~st 13, 1999 - Board Ce~fi~ ~al E~te A~m~ "~ard Ce~ C~, Coun~ and '" ~so adm~ed in Pl~g Se~ces Dkector Indiana and Geo~ia 2800 N. ~orseshoe D~ve ~ ~so adm~ed in Naples, Flo~da 34104 Pennsy~ania Re: Tec~c~ Wor~g Group for R~ Fmge ~ea of Collier Co~. Dear Bob: Please consider this letter as my application for a position on the Technical Working Group for the Rural Fringe Area of Collier County advisory committee. Enclosed please find a copy of my resume. "'~ony~. Pires, Jr. APP:slw Enclosure as noted. ___- _-_ ...... ' i AGENDA ITEM Please Respond to: Pelican Bay 0-9~,_, 1 4 1§§9 Pelican Bay 801 Laurel Oak Dr., Suite 710, Naples, FL 34108 (941) 566-3131 Fax (941) 566-3161 Marco bland 606 Bald Eagle Dr., Suite 500, P.O. Box 1, Marco Island, FL 34146 (941) 394-5161 Fax (941) 6 ~2-6402 Pg. P. PinEs, JR. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 (941) 566-3131 Phone (941) $66.3161 Fax EDUCATION: Dates Institution Attended Program Degree College SUNY at Buffalo, 1968-72 History B.A. New York 1972 Graduate Florida State University 1972-75 Law J.D. College of Law 1975 Tallahassee, Florida EMPLOYMENT: PRESEt: Shareholder, Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 710, Naples, Florida, (Pelican Bay) with the firm from November, 1986 to present, practicing primarily in the field of land use, land development, governmental practice and general real estate with some litigation practice. Florida Bar Certified in City, County and Local Government Law. PRIQR: Contracts Administrator, Westinghouse Communities of Naples, Inc., Naples, Florida, September, 1983 to November, 1986. Assistant County Attorney, Collier County Board of County Commissioners, Naples, Florida, April, 1979 to June, 1981. Assistant State Attorney, Office of the State Attorney, Twentieth Judicial Circuit, Naples, Florida, September, 1975 to April, 1979 and lune, 1981 to August, 1983. AGENDA ITF.~ SEP 1 ~ 1999 PROFESSIONAL ORGANIZATIONS: The Florida Bar; 1975 to present Collier County Bar Association COURTS IN WHICH AUTHORIZED TO PRACTICE LA W: All courts of the State of Florida; since October, 1975. Middle District, State of Florida, Federal Court; since July,. 1977. COMMUNITY A (~TIVITIE$: Member, Board of Directors, Collier County Bar Association (1997 to present). Past. Member, Pelican Bay Services Division MSTU/BU Advisory Board (1993 to 1999). Past Member, Collier County Planning Commission Citizens Advisory Committee/Collier County Growth Management Plan, 7-Year Evaluation and Appraisal Report (1995-1996). Member Naples North Rotary Club, 1985 to present (President 1992-1993). Past Member, Collier County Environmental Policy Technical Advisory Board (1991 to 1993). Past Member, County Planning Commission Citizens Advisory Committee on Collier County Growth Management Plan (1987-1988). Past Member, Naples Area Chamber of Commerce Transportation Committee. Past Member, Environmental Review Task Force, Naples Area Chamber of Commerce, 1990-1991. THE CONSERVANC Of Southwest Florio~. ~. Roar J. M~e Co~er Co~ Gove~em ~ ~... ) .... Co~~ Develop~nt & En~oment~ Se~ces Di~ion 2800 N. Hor~shoe Dr. ~ ~ ~ ~.?~ Naples, ~ 33942 ' De~ Bob, _. I wo~d ~e to p~icipme ~ a co~ ~m~r ~ the co~~-b~d p~g process pre~fi~d by the Dep~mem ofCo~m~ ~' F~ Order reg~d~g the Co~er Co~ ~o~h ~e~nt P~ I would ~ ~e to reque~ t~t ~c~l S~o~, Cogency Vice Presidem, En~o~n~ Po~cy, m~e ~ my ~te~te to e~e cont~ui~. I ~e t~ reque~ Mth the ~ ~tention of~g ~ active ~d corrective pmicip~t ~ t~ process, wor~g towed sold solutiom for Co~er Co~ty's ~t~e. I look fo~d to wor~g Mth you on t~ ~n~t effom S~cerely, ~ahd E. Gugg~e~ Ph.D. President & C~ cc: M. Simonik, The Conservancy AGF_.N~A ITEM ,~ 5~)! Leading the challenge to protect and suxtain Southwest Floral I's naN environmen~ ~-? 1 ~ I999 RONNIE CAROLE POPLOCK CERTIFIED PUBLIC ACCOUNTANT 59~) 3RD STREET NORTH NAPLES, FLORIDA 34,102 August 19, 1999 Collier County Board of Commissioners ___-/ ' '~ ":' / Collier County Government Center 3301 Tamiami Trail E. Naples, FL 34112 Dear Board of Commissioners: I would like to participate as a member of the Technical Working Group for the Rural Fringe Area of Collier County. I am very interested in preserving the rural character of our county and our vital natural resources. I am a concerned resident and elector of Collier County. Enclosed is my resume. Thank you for your consideration. Sincerely, Ronnie Poplock, CPA ~'o3- ~o.~ SEP 1 4 1999 RONNI~ CAROLE POPLOCK WORK EXPERIENCE Sole Proprietor, CPA January 1990-1997 Prepared audits, reviews and compilations. Consultant and Tax Planner for individuals and corporations. Cortland L. Brovitz & Co., CPA's January 1990-April 15, 1996. Tax Rochester, New York Accountant - prepared corporation, partnership and individual taxes. Software programs include Lotus, Wordperfect, Pro- Systems and Microsoft Works. Davie, Kaplan & Braverman, CPA's September 1987-May, 1989 Rochester, New York Staff Accountant - Analysis of accounts and and tax preparation. Rochester Institute of Technology. 1984. BS in Accounting. GPA: 3.65/4.00 University of Rochester. 1967. BS in Psychology COMMUNITY ACTIVITIES 1989-1997, President of Animal Advocates of Upstate New York, Inc. Collier County Audubon Society Board of Directors. Chairperson of the Financial Committee. State Representative fi.om Collier County. ' Naples Area Chamber O~ 'k ACCREDITED Comm~ ~ ~ ~ August 27, 1999 Mr. Robe~ J. Mulhem, AICP Collar Coun~ ~vernment Communi~ Development and Environmen~l Se~i~s Division 2800 No~ Ho~sh~ Ddve Naples, FL ~101 VIA F~: ~1~3~968 Dear Bob: A~ch~ pl~ find my resu~, ~r Subm~s~n for se~ing on the ~mmiff~s on densi~. I am interest~ in ~th ~mm~ees, a~ would enjoy discussing wi~ you the appropriate ne~s. If you have any questions, plea~ ~nta~ me at my offi~, at ~1~03-2901. Enclosure: resume G:\SHARED~Govemment Committees~:lensity Committee Letter.doc Created on August 27. 1999 2:58 PM Dawn D. dantsch, CAE 3260 Tamiami Trail North, Naple~, Florida 33103 Daytime Phone: (941) 403-2901 djnaccti~aol.com Professional Employment President Naple~ Area Chamber of Commerce (NACC); N_e. ot_ fls, I=!~1~ January 1999 to · Sagas as chief staff executive of 501(CX6) organizat~l in Collier County1 with communications to over 2,000 businesses in So~ Florida · Supervisor of two Ioc, atJons, with 11 full-I~me st~ff, and various part time staff Executive Director Greater ~allas Restaurant A~soclalJotl (GDRA); Dallas, Texas. July 1989 to January 1999 · Created position as chief of staff for 1,200 memt~ Ioc.,81 trade association (GDRA); opened and managed metro office for Texas Restaurant Association (TRA) · V'~i~rm~ and developed .T~-ateaic l~an for 55 member board, resulting in stronger leeclership, new association name and new prograrrm Designed innovative i~ernber~hio retention prograrrm, creating growth from 737 members in 1989 to 1,200 within four years, an increase of 64% · Designed and produced ~lucational seminars, monthly membership meetings, retreats, special events and fund misers, inc, reasina GDRA revenue~ ~¥ 600% · Served as second senior Texas registered, 19bbvist of six under leademhip of nationally respected business ~bbyi.~ · Developed poeitNe relationships with 27 state re~esen~atives and senators from Dallas area, and ~ numerou-_ local elected officials ~rougl~out the Dallas Metropolitan Sta~tical Area · Created fund raisins events foe pol~ action commi[l~e, increasir~ D~tlas P^C revenues over 400% · Created relationship for association within poli6cal arena by crea~na arass roots network end key contact i::~ogram (~btainect ~p_ooinl/l!ent~ for restaurateurs ~ q',~ committees, deveiof:~ leaders for ttlose positions Sucoassfully wrote and lobbied fo~ o~ a~_ainst numer~xJS ordinance~ in six cities · Reviewed and 9~-weloped ordina,nc,~,s to further economic d~veloDment at request 9f three citfas · Coordinated w~ metroplex mayom to devetop unified ordinance on accommodation at their request Built strqf~a media relationships: known source for orchard;rating and/or performing media interviews fo~ leademh~, including ~CNN interviews, and achieving press on a regular be~ a~ an indust~ expert · Estal~llahed reputation as keyoo~ soeaker and speech Writer fo~ poFdJcal, civic and training events Director of Public Relation~ and Chal~er Development TgXi~ ReetaulllntA~oclatlon _I'TRA); Au~Sn, Texas. February lgffl' I0 July · Chief rna~lia sookesDerson, solely responsible for all I~blic relations fo~ TRA · Created ~ managed _oe. ll3tJc ,,r~aiations Dian for regional Expo of 1,300 booth~ and 28,000 att~nctees . Speech wriler and medi~ tT~ner for leadership, feature writer and columnist f~ trade publications · Developed and implemented unique educational program ~ new leaders in foocl ~ industry, resulting in ~ of graduates movie_ into ' .~___~. civic ~ oolit~el leader~'_m positions · Promoled to poeltlo~ of ~e director, Dallas Remtaurar~ Asscx~tion Markellng Adminl~ral~e ~Ce, nl3'~l Tex~e _Health Plan: A~, Texas. July f~8 to February 9987 AGENDA I~.~ SEP 1999 Dawn D. Jantsch, CAE Page 2 Education end Accreditation Certif~d As~oclMlon Executiva (CAE) American 8ocletv of A~o¢iatlon ~'x,cutiv.,~ August 1994, m-certlfl~, January 1998 Accredited ia PubNc Ralatlon~ (APR) Pubik= Rel~ 8ocllty of An~. February 1989 Certified Toe~tmmter (CTM) ToaMmastem International January 1988 Bachelor of Science in Journalism Univeralty of Florida. Gainesville, Florida. December 1983 Pul~c r~l~tions major;, Spanish mino~ Maintained 5 internships, including one furl-time paid community affairs position Leadership Service to Government Agencies ~, Mayo~s Ta~k Force, Alcohol Ordinance Revision C~ cd Dallas, (::)ak Lawn Planned District Task Force ~, World Cup Hospitality Committee, event~ division City Of ~ Branch_, Mayor's Task Force, Alcohol Ordinance Revision City of Piano, Smoking Ordinance Revision Committee ~.B~t._.~, DWI Task Force, appointed separately for 6 years by bo~ Democrat and Republican county commi~ionar= Recent Professional Activities AjlleliCart ~ of Association Exec, utNes I:)all~ Friday_ Group, a nationally top-rated public forum Dallas Socie~ Qf Association ExeculNes E~ Cerm~ C~, ~ comm~e, hosp~a~y =h~on Fo~l Fou~. i~/mentor to busines~e~ in economically de~ areas Lee Darrma d'Eac~ffim', board of dlrecl:om, in cha~ge of public relatior~. Lm Dames is a society of female hospitality professionals, dedicated to education for women in food service Nortt~ Texa~ Fogx] Bank, advisory committee Sk'~lirm H=h School. advisory committee, hospital~ division Women in Government. an informal group of 20-35 lobbyists and public officials that meet quarterly p~GE 01 OBlO~tl~Bg 11:37 B13-~3-~5~7 167 Mentor Drive Naples, Florida 34110 August 6, 1999 To Whom It May Concern: Enclosed in my Resume for your consid~rafon for assignment to the Rural Fringe Committee, I am a property owner in this area and would like to be involved with the Committee. Thank you tbr your consideration, I can be reached during the day at (941) 263-3587 and in the evening at (941) 597-4913. Sincerely, LXS/jw Enclosur~ 88/85/1999 11:37 B13-2G3-BG47 P~.:E 82 Louis IL Stirus 167 Mentor Dr. NapLes, Flot44a 34110 Home Phone S97-4913 EDUCATION: Ferris State Collese, Michigan, B.S. Fire Science Minor, Business Administration, Computer Literate LICENSES: Condominium Association Manager Pool Maintenance Private Pilot Certified E.M.T. EMPLOYMli'.NT HIGHLIGHTS: 1997-199~ The BiRmore at Bay Colony, Opemiall Mlmsger 8473 Bay Colony Dr., Naples, Fl 34108 W.C.1. Development, Bonita Springs, Mr. Dwight Thomas 1995-1997 St. Pierre at Water Park Plaoc, Op~nlug M~aager 6825 Grenadier Blvd., Naples, Fl 34108 Gulf Bay l~velopmem, Naples !~93-199~ Club LeCi¢i Park Tower, Opmfi~g Ms~ger 3991 Cmlf Shore Blvd. No., Naples, Fl 34103 Scottsdale Co., Naples 19~9-1~95 Hm-bour Cove Club, Resident MIn,s~ 3000 Gulf Shor~ Blvd. No., N~ples, FI 34103 191~-1959 Immokalee Fire Department, Fir~ Chkf 1170 Carson Road, Immokal~e, Fl 34142 197~-1984 City of Naples Fire I~ l~ref'r~hter, E.M.T. 735 gth St. So. N~ples, Fl 34102 1970-197'~ West Bloomfield Twsp. Fire Dept., FlretIBhter, [I.M.T. Orchard Lake Rd., West Bloomfield, Mi 48324 REFERENCF, S: Mr. Fred Lozier 941-4344)012, Manager Via Delphino Mr. Richard Henson 1-410-742-4556, Chairman US Airlines Mr. Jack Cope 941-389-2889, B.OD. Sunset Cay n ACtA I'rF~ Aug-30-gg 04:39P Philha~onic Center 9415976683 P.O1 BRADLEY CORNELL 556 109th Avenue, North Naples, FL 34108 941/592-780.~ mUlercornell(~mindspring, com August 29, 1999 Mr. Robcwt J. Muih~ro, AICP Planning Services Director 28¢,~) North Hovs~,~. hoe Drive Naples, FI, 3'4104 D~ar Bob, With this letter I wish to apply .for appoinmaen! to both tho .n.~w Te~;Imieai Working Group £or Rot'al Fti~q~e Area al' Collier Coumy ("Rural Fringe Conmaitteo"), at~ rite Rural Agricultm'al ()versight Committee ("Rural tlWersight Committee"). I have ale included a brief copy of my t~sumu in support of' this dual application. ,~ you know, I am keenly interested in the whole process we lmv¢ all undertaken i.n an effort to make (;oilier Coun~ the beat place Jl can be, partieula~ ,'ly with regard to wise gvowfl~ managvnnent. ! hope I may continue in these efforts as a member o£bofl~ fl).e "Rural Fringe" and "Rural Overnight Committees." ff you need any more infi3rmation, please lei me kmow. Very sh~cerely, FAGENDA ITEM $E?1 1999 Aug-30-99 04:39P Philhamonic Center 9415976683 P.02 BRADLEY COR~NELL 556 109th Av~wu¢ North Napl~.s, FI. 34108 (941) 592-7805 mill~tx;om¢ll(~indsprin~ corn EMPLOYMENT Philharmonic Center for the Arts, Naples, iL; Assistant Music Librarian. Rcsponsibl~ for chtabasc creation and maintcnancc using Q&A and Access; colk:ction organization and management; supervision of volunte, crs; p~rfonnh~ rights societies' rcports. 1992-present. Naples Philharmonic Orche,stra, Naples, I,'L; Trombonisl. 1991-l,resent. Northwestern University IAhrary, Evanston, IL; Lrttcrlibrary I wan Dcp,'mmcnt, Departing:hr A.ssistant. Utilizcd scvcra! !a..rg,¢, in-hou-$¢ and on-linc databas0s; mai.ntaincd two of these. Bibliographic verification p~rlbrmcd. Responsible for accounts payablc/reccivablc. 1~$9-1 :'/92. EDUCATION Oberlin College, ¢)bcrlin, OH; Bachelor of Music, nm.sic education minor. 1981, ( !niversity of Texas at Austin; Mitst~r of Music (Phi Kappa Phi a~adcmi; honors ii-atcmity). 1986. Northwestern University, Evatt~ton, I1 ,; Courses itt ¢onsfitutiomal law, cmiromucntal science, and statisfi~:s. I990-I 992. "Making I,s..'ss Garbage", Gaines~n'llg, Fl,: Attended lworcssional confert~nc~ on solid wast~ reduction and rcc3'cling. ~993. CMC RESPC)NSIBII.ITIES Collier County Audubon Society, Napl,a, FL; Board m~uub~, cun'ently President; pr©viouab,.' Vict:-Pmsidtmt, S~;crctary, and Conservation Committc~ Chair. i 993-pre.~'ent. Environmental Policy Technical Advisory Board, (?oilier County, Fl. (pmd¢ccssor of thc current Enviromne,ntal Advisory Commi~ion; appointed by county comndsaion); Chairman, 1997/9g; also, member of tho County Nalm'td Resources Department Budgot Revi©w Sub- Committ~,~; prev4ously Growth Managern~.t Plan (?.ommiltc~ ('.hair; Co-author of policy report, "Inwaaiv~ Exotic Plants in Collier County" (pre~nt~:d to the Board of County Commissioners in February, 1997). 199.5-1998, S27 1 1999 Aug-30-99 04:39P Philhamonic Center 9415976683 P.03 Landfill Site Selection Citizens' Advisor>, Committee, Col]ic.r Couzzty, ~ (app(~med l~ co~' commi~ion); M~r, do~lo~d cntcna and raz~ c~di(h~o sites for a new landfill, in conjunction wifll en~eefi~ ~oRs~. 1995-1997. The Conse~anc); Inc. (now, The Consonancy of Southwest H~g Naplc~ ~.; Southern (iold~ Gate Estates CA~ ~j¢ct Vol~le~r. P~ffo~ ~mpul~ ~ ~nt~, oiler l~tter ch¢ckin~ ~d co~ pro~rty rv¢ords regm~h. I992-1993. F~ends of the Florida P~ther Refuge, Naples, ltL; 1"o~ memb<r, Adv~acy Ch~ (~agd wi~ the ~ofi~ P~er Nafion~ Wiidlifo R~). 1997-present. Save Our Eye,lades Campaign; Co~ C',omt~ Steering Committ~ tn~mbcr. 1996. Creati~ R~ie. Inc. (C. ommunily mm-~fit ~mcn~! educath)~i~cyc~g p~gjcct), N~ples, ~; Bo~rd m~mber, 1997-1995. QualiW G~h Ca~idldate ~'orum~ Napl¢~, ~ .; (3~niTJng Comm{.ee m.~bec. Collier CounW Citizens' Committee on Re,cling, Naples, ~,; Chai~c~on for independent cintra' ~'oup active in sold w~te issues loc~'; or~fized ~d presantcd one-day seminar A~L i 993, on waste reduction and rccycling ~ (?oil/er CounW. 1992-1994, Resou~e Center. lnc., Cldc~o, ~.; Voi~tcc~ tbr thc city's la~cst non-~ofit ~cyc~g org~afion; pro~dcd ~tb~ation to palrons at d~c Ccnlcr's 250 tons p~r mondt (~cility; s~cked and o~ed t~-off~s. 1991-1992. SEP 1 1999 Alan & Susan Bosgs ,_..,, 2,I~3 Imperial Circle Naples, Flor~ 34110 941-39~331 August 26 1999 Mr. Robert J. Mulhere AICP Planning Services Director 2800 North Norseshoe Drive Naples, FL 34104. Dear Sir re: Technical Working Group for the Rural Fringe I wish to make application for a position, as advertised in th~tNaples Daily News of August 12, on the subject committee. I have been a property owner in Collier County since 1966 and a year round resident since 1993. My Collier's voter's registration number is 166282. Other pertinent data follows: Full names: Mrs. Susal Elizabeth Hardwick Boggs Born: December 8, 1934 at Epsom, England. Now a naturalized U.S. Citizen. Education: Seaf~d Ladies' College One year in F~ance following. Work Exp: BBC Natural History Unit Production Assistant. Assistant Purs'ec P. & O. Steam Navigation Co. As a member of the Borad of Collier County Audubon Society I:.~am very much interested in practically promoting proper growth in Collier County to avoid the mistakes of the past. Very trulyuyours Susan Napl~,~, lqonda 5~dlO August 27 1999 Mr. Robert J. Mulhere AICP Planning Services Directo'r 2800 ~o~th Horseshoe Drive Naples, FL 34104 Dear Sir re: Application fo~ a position on the Rural Agricultural Oversight Committee o~ Position on the Technical Working Group for the rural fringe area of Collier County - as advertised in a Public Notice in Naples Daily News of August 12, 1999. I am a full time resident and elector of Collier County. Below is pertinent data: Full name: Alan Dye Boggs DOB January 28, 1927 Place: Sistersville, W. Va. Military Service: Army of the United States 1944-47 In the Philippine Islands. Education: Marietta College, Marietta, Ohio Graduated with B.S. in Petroleum (Cum Laude) and B.S. in Petroleum Engineering (Cum Laude). Elected Phi Beta Kappa 1951. Work Experience: 33 years with Exxon, overseas and domestic, in engineering operations and management. Retired in 1986 from Exxon Producg£mn Research Co. I have owned property in Collier CountY since 1966 and have been a full time resident since 1993. During this time I have seen enormous changes - not all to the good. It is my belief my technical and executive background would be of value to either of the subject committees. , ~OF_NOAiYF. M~_. Sincerely, Alan D. BoggsL, ^ugu~t 31, 1999 Mr. Robert J. Mulhem, AiCP Planning and Services Director 28OO N. Horse~loe Drive Napkin, Florida 34104 Dear Mr. Mulhere: Par Bruce Andemon, please accept my application for the Rural Fdnge Area Technical Working Group. For your informatJon, I have been closely follo~ng the growth issues both f~r Collier County and the Southwest Florida region and will be able to commit the time and effort to the Working Group task~. In addition to the ~ms mentioned on the attached resume, please note the following: · Permanent resistant of Collier County since 1998 · Registered vo~er In Collier County · Responsible for Commercial Real Estate Development lending for SunTrust in Lee and Collier County since June 1998. · Significant prior experience in advisory committee capacity · Ability to utilize internal company resources to fulfill responsibilities Thank you for your =onaideration of my application. You may contact me at (941) 277-2601, shoula you have any question~. Sincerely, Michael D, Lehn Executive Vice President MDL/rcm Attachment AGENDA ITEM No. / SEP 1999 MICIIAEL I~. LEtIN 549 Myrtle Road Naplea, Florida 34108 (941) 593-3562 ~ome) (941) 277-2~1 (o~) CO~~ ~OL~M~: (Coa~u~) ~ B~h Je~ Co~~ C~ - L~ R~ P~~p (Co-Chai~) - C~~ of ~ H~ of~i Beth F~ V~ Co.cji F~ (~l~ion C~~) PE~ON~ ~O~~ON: ~bi~: M~ic G~e~: ~blished ~d ~g~ S~T~ B~, Mi~'s Enact B~ ~up w~ch b~ notable ~mt clien~ ~ ~i. W~ ~ ~m~ in &e ~el~t of ~e 1~ end--mt in~ ~cl~ &e esmblis~ of &e N~ ~d MCA M~c's ~ B~h O~ces. ~ dr~ u6l~ ~ Ci~ ofMi~ B~h to org~ o~l mt~~t ~~mt ~en6on ~d f~m~on. . R~~ ~d ~ job descfi~on for Ci~ ~si6~ of"M~c ~~ Li~n". - P~ci~ ~ Ex~ve Ho~ C~~ ~r ~ 1 ~ ~d 1 ~8 ~EM L~ ~~ ~ C~b~ ~e ~ in - He~ ~li~ C~ ~ Co.cji (~ $5 million for Mi~ ~K - S~ ~ a ~fi~ c~i~ for ~e Conc~ ~ci~on of Flofi~ ~ Mi~ Ci~ B~, 2 SEP 1 1999 Abbreviated Re~ume MICIIAEL D. LEI-IN 549 Myrtle Road Na~les, Florida 34108 (941) 593-3562 (home) (941) 277-2601 (office) WORK ~P~NCE: SunTrust Bank, Southwest Florida 1998- pre~nt · E.V.P., Senior Lender SunTrust Bank, Miami, N.A. · S.V.P., R~ional £xecutiv¢ 1994-1998 · ¥.P., Senior Lender 1990-1993 · A.V.P., Asset Based Financing 1989-1990 · Corporate Banking Officer 1986-1988 · M.~magement Associate 1985-1986 EDUCATION: B.A. in Finanee and Accounting 1984 ..-- UniversRy of Ne~ CO~~ ~OL~~: C~ L~ Co~ ~1~ Toge~ T~ Force N~o~ A~y of~r~g ~ & Sci~s ~~) M~k~ ~D~ ~~)(Ho~ P~ Ci~ of~ B~h En~~t Ro~d~le ~o~d~) To~ Conv~fion C~t~ Ex~idn Au~o~ ~o~) La ~ Co~ Cl~ Ciw of ~ B~h ~v~t Policy C~~ CiW ofMi~ B~h Si~ Ci~es CiW ofMi~ B~h ~o~ble Ho~ Co~e FAX/VtEMO DATE: AUGUST 31, 1999 # PAGES FAX TO : PLANNING SERVICES DIRECTOR 2800 NORTH HORSESHOE DRIVE NAPLES FL 34104 ATTN: ROBERT J MUU-IERE AICP TEL #: 4-03-2400 REF: 1) TECHNICAL WORKING GROUP for the RURAL FRINGE AREA 2) RfJRAL AGRICULTURAL OVERSIGHT BOARD Dear Mr Mulhere I would lika you To review.and I~esent nty raclue~t to join one of the two 'committees" the County ia in the process of convening.for the purpoee of developing a workable and ecce~abte solution to the I~Oblema of urban sprawl, Attached i~ a resume, of my education, career and p~ona[ ac~ievement~. For your personal reference you may remember me aa the Mediator at the July 27 Town Hall rne~ng about the June 22ncl Governor & Cabinet's aol~oval of the DCA challenge to the County's. Growth Plan Amendmente, with' Commiasion~' MecKie, ~red Comall, Nancy Pa~to~ and Jim Beaver on the podium. I recall you made a ¢o~citm I~m~,e~rtatior~ of the Ptarming Services positior4 at that meeting. PRESIDENT /~ · rr~dhere, fax BRIEF HISTORY AND CV FOR ROGER DYKSTRA Birthdete December 7m 1947, Lo~don, England. Femily'St~us Married with 2 children. SUMMARY My ca~ee~ history ar~l'Strer~gths lie in Marketing and Sele~ (Domestic and Internat~o~all ~ I:mrticutar applicatio~ to runnbag sales teams in small b~sine~e~ and large corporations. Since 1976 i have buil~ up an ex~ensive knowledge of com~s and the utilization of Intarrtet and Emaii 0otantials. I have also developed expertise in Marketing and Selling Ed~.=ational Ecotoura. Through my 13ositio~s as Coach to Universit~ and Club Rowing Teams I have achieved skills rela~ed to team I~ildtng and extracting maximum physical & me~tel performance from individuals. In working for ~n 'entreDreneurial. family-owned coml0any a~d several global corporations, t am walt rounded in recognizing.the strengths end weaknesses of smell and large businesses. This ability to see both sides also al3lNies ~x) my Euro-Notth American herftlge vvtlich enables me to understand the differences in doing busir~ls with, other countries, Throughout. my career and in coaching Rowing, I have also develol3ed great faith in. ~ power of tam-building, My loVe of Nit, re was i~~ed on. to. me by my father who, e~ escN)ing Nazi OGCUD~Cl H~llnd, arri~ in ~gJand w~h just ~e cl~ on his ~ck and hie ~H~ ~ssion ......... a ~ on '~rds of ~e World". I ~s ai~ an avid s~t of. Da~d A~~h, ~ Ex~i~n m fl~ ~e Kom~o ~on in 1960 in~r~ my passi~ fm l~ming a~ ~ na~al w~ and uavel. The Company O¢chi<ll. amI E~et~, which,my wife and I slaned~ ia a Gorpara~e member of The Ecotl~riam ,~-~. This is iml~ortan~ for us as we w~tt,tengibie co~ectiona ~o other1 who share our .comm~ment ~ t~ punic's des~e to ~' and learn a~ ~ ~ronm~ a~ wHdli~ ~ ~ ~uc~ non- Aa we 'have learned .mo~e about our own local ecosyl~lm we have ~ken up~ flg~ aga~ u~n ~ in a ~O~n in ~i~ ~ ~ni~. Aa such, I am ~n~y a mem~r ~ ~e ~rd ~ ~r~ of ~e ~r~; a S~~ C~m~ mem~ ~ ~e ~ ~er He,nil ~ldli~ R~e end a ~~ m~ ~ ~e ~s ~ ~ E~I~, ~ ~n~y ~ ~ FI~ and ~ SI~ ?Ia)/. S:P 1999 Z,/ ... CAREER The following is a Chronological listing of my career and eclucaZion: 1996 to ' Started Nature Ecoto~r Contrary. ~ ~ the travel agency, we had. recognized that present there wa~ · milker and need for quality, info~metJve tours to the Everglades and saw the opoortuntty to pursue our. {¢w~ ot blezur4 and 1;he Environment I~y offering such. ~our~. This had has,artsci the decision to sell the travel agency. Durin9 1996 we devetooed a range of itineraries from ~z da¥..t~Ds (for busy co~i~r~ce aztertdee~ to att day. tours, for locally based tourists, end multi-day tours (3-15 days) geared to · variety of general & special interests (bird watching, photography, botany, flek$ stu¢lies, et~ aime~ at US and. International. Tour Ooeretora, Travel Agencies, Meeting Planners, Non Profit 0rganizatione, Univermfles etc. We also researched the South. Flerlde area for interesting, routesr wildlife. ~chi~g sites,, knowledgeable, guidesr cuKur~l and historical facts and other data in order to rxovide educational and interesting tours. 1993-96 Sought a Travel Netwo~ franchise ~ Nel;Je~, Flegid~ This. was..a, new. fran~ ~..a~ t de~o~ ~ ~r~ e com~nafion of Mark~ .~ ~1~ a=~i~. ~e in ~ to AiHine ~e a ~ini~ ~d and when an ~,un~ ar~e in Apdi 1996, t~ ~ w~ ~. , ~,;~2-93 Contract wes not renewe;I, with C,~q~ SoMp- i~ ord~. ~zake. a. year~$..sabl;~tical and.decide wh~r career move to make. Chose to rrmve to Napl~, Flogida (where we had buil~ a Winter hornet, for [he. Quality of. Iif~ and betl~r personal ~rdtJss. 1989-92 De f~czo President of Quadelco until April 1991 when Campbells appointed a secoml Vice President. to'. help co-manage Ouadelgo, Madmtin9 was. th~n developed, at Corlaora~ 1988 D~v~ped.the Prot;ectus for the sale of ~e fa~ly ~ny, t~er w~ · b~ng c~~ ~ ~k of Am~i~ ~ ~to ~ ~ ~F~ 1,989, b~. ~~~~, L~. Le~d a~ut due dll~ce) 8hlreh~d~ value a~ ~fid~a.l~ sorrel. 1986-90. Joined Fether-bt-Law'a =or, any., (~ Fe¢;~ Ole~i~-v~. el=ld¥..more.aophlette~ed rn~la~l~4~r, ~ and in~,~ exp~mteng~ to company. ~a we~ to assi~ ~ expand ~he Company's 4evelol~m~ in.alL fag~l~.from, produ,~ sourcing; markazing; ~le~ & flnimCe. Converted ~fly to full ~ aM h~ take ~e C~ny ~m Gr~ Sa~. ~ 19 M~.in. 1988 m ~1.4 Mi~on.~- 1.9~. ~ AGENOA I1~ SEP lq 1 984-85 Bank of :MOm:real Real Estate Division Sgeciml Project. Worked with Exec. YP Real' Est"aTe and (2) older team members for [he I:lu~neas evaJus,H,~ atN:I credit risk ~ss~ssrr~st! fo~ We~t Edmorr~on MalI-Ph~e Iff. The Bank was the lead financial institution. This was an exciting and dynamic cbs/fangs for the team due'to the unique character of the pro~ect. Vlrtuaib/ creating. Diss~y World inside a $11ogging Mall in Edmonton, Alberta, Canada. Also obtained flrs~ hand expmience of ttte amazing entre~renaurial Sl~it of the Ghermazian Bro[he¢$ (wh~ .also co- developed Mall.of America). 1980-84 Hs~I hunted by and joined Bank of Montreal, TorontO. Ac-lively marketed and i~omoted international ben~ing .m'vlc~ ~o Fortune 500 cilems and major Banks in USA-Central Division. Work entailed 40% travel to U.S., 3016 credit risk reviews, 20% meeting and greeting incoming .bankers and 10%~ General Administration of team members. Irrtroduced Relationshilu and Regio~t~{. Economic study rel~mrt~ for Senior Bani( Executive~ (develooed from format devel~, et 9Cotiabank). Wort(ed closely with Bartok's Chief Economist. 1979 Pasted inte~slve banking course on Marketing, Managemeftt & Credit Risk Assessment from Spenc~ Hell; London, Ontario (under ~Ul~ervision of the Dept. of Business Studies of the Unive~r~y of Western O,~rio) lg73-80 Scotia Bank I~[umational Division, Tom,to. Foreign Aceount~, Foreign Exchange, Money Market and Geld Accounting (including memb~ of 6 ~ team that designed and imlutemen~d Comli~ter Ci~. gr. F/X T~), ~ re~u~flslble for mark~ ~ sales'of Int~mtionll Callt Marmgement Services and Corresl;)ondent Banking Services (Western Hemislfl~re Dlvlaio~). ~nvoiveel..with work relatad to passage of New Canadian Bank Act in 1980..e/Iowing Foreign 'Banks imo Canada. ~'dtrectly ~o Exec. Vice President of Intmnetional. Banking. Also' develo~ new innovative Bank Relationshil~ end Ceurm~ study reocxzs for Chairman, CEO and othm Executives of the bank in Canada and main Overseas Trading Carfares. 1973 Emigrated to Canada to join Ba~k of Nova Scoda 1 ~-73 Australia mid ~w Zeala~ ~k, ~ Eng~ (G~ A~~, ~n Ex~an~ and 1966;6g Midland Bank, London England (General Accounting). 196D~5 Ouinti~ Grammar School '(Honours in Geogral~hy) & He~lo~ College London England AGENDA ITL StP I 1999 PERSONAL ACHIEVEMENTS 1 964-1972 Numerous wins in Rowing at School and Club Levet in Unite(t Kingdom 1 '969 Made crew selection for First Eigll~ at Royal Henley Regatta in England 1973-198O Numerous wins'in rowing et Canadian ProVincial and National Chaml3ionshil~ Level 1976 Coache(] University =f Toronto to its first O,U,A,A. Charn0ionShil~ in Varsity Rowing. i3eating a lareviously uflassaiiable University of Wsstlm Ontario 1980-1983 , over as Head CoaCh Of the Argonaut RO~lg C, Ju]3 arid 13resided. Oll So8rd of Directors that in 1980 ,,._oduced Womens'Rowing to the Club for the first time in its history (Est,1872) 1981 Coached first Argonaut Woman$ Crew 1~ first 131ecs at Pro.vincial Championehll3~ and 2nd 131ace (to National ~ctu~d) at Canadian Charr~ionehit~. Thii~ ~m~ .the crew's first sedl~ofl of Rowing. 1981 Awarded by Premier Bill Davis of Ontario for persomd contributi~r~.to the ~ of Rowing as Coach 1983 SIIve~ Medal in Annual Toronto D~wn~own i~ineee Imernationat Toe~tmastera Club contest 1993-1999 Helped found~ men elected Presiderrt (I 993-1995)~ of, the Seuth-Weat FlOridq. Rowing AssociatiOn (Nal~tes Rowing Club). Directed I~'og~ama to develOl~ a combination of High Schools and Recreational Rowing activities. In lieu of new bu$tne~ I~re~mt~v act ~ co~sulT4nt o~ ve~iou~ matter..s, a~ needed. In l~e past 3 years our High School crews have won same Regional and State races. DETAILS OF EDUCATION. GCE/UK GRADE 13 EQUWAI. ENT ! 966 · Math ;. Eng!ish Grammar; il;nglt~h LitMature; History and' Geography (wi~h Honours) UK INSTITUTE OF'BANKERS 1.972' EConomics English Law · Law'rMafing to Negoti. eble. Ir~rumenta Business English Fundament"al$ of AccounTing Economic Geography CANADIAN INSTITUTE OF BANKERS 1978 Com~lunJczl~O~lS Marketing Business Administration Organizational Behaviour Business Finance InTen~ttonal' Banking and Finance Cat.lien Taxation Business S~rstegy SCOTIABANK URBAN'BRANCH MANAGEMEII~. COI.tFI~ 19'/9 2 we~ (in residence), c~uree w°~ing on ali aspects of Managing a city branch of 15 eml~Wees learning how to market and sell a uos;' ~cl:t;xt of busines~ and I:~qK~nel bankirtg services, ~hrough. ro~e I~a~ing and actual BANK OF MONTREAL CREDIT ASSESSMENT COURSE 1981 2 week intensive residence st~le.co~r~ t~ hone credit and loan aasesament skilLs u~ing actual bank loans end history as .case studies. DATATEC COURSE 1992' 2 day course on how to run Ma~etl~ and SaJ~ forecas~ on Lotu~ 1-2-3. T~is course showed how to utilize over 70 diffM~t woFk~heel~ Cov~lO · broil range of alX~ica~ Inclu;ling s'eltegy and p~oduct planning: dememt and sales torecam~ng, ualng regrea~on and. exlx~nent~ formats; co~z analysis and pricing; ai/ecmien, of: promotional resource~ etc, LAWN&' GARDEN.,. Serving the Nap/es Area Since 1982 MR. BOB MULHERE, AICP, PLANNING SERVICES DIRECTOR 2800 NORTH HORSESHOE DRIVE NAPLES, FL. 34104 DEAR BOB, I AM WRITING YOU TODAY TO RESPECTFULLY REQUEST THAT YOU CONSIDER MY APPOINTMENT TO TECHNICAL WORKING GROUP FOR THE RURAL FRINGE AREA OF COLI. IER COUNTY. I BFJ.,IEVE THAT I WOULD BRING A MULTIFACETED PERSPECTIVE TO THE COMMITTEE AS A PROPERTY OWNER, BUSINESSMAN AS WF~!.I. AS A PERSON WITH A FORMAL AS WELL AS A PRACTICAL UNDERSTANDING OF NATURAL RESOURCES. I RESPECTFULLY SUBMIT THE FOLLOWING QUALIFICATIONS FOR YOUR REVIEW. MARR~i~ 18 YEARS, FATHER OF 4. COLLIER COUNTY RESIDENT 17 YEARS PRESIDENT RAY'S LAWN AND GARDEN INC. COLLIER COUNTY BUSINESS OWNER 17 YEARS ASSOCIATE IN APpl.ll::~r~ SCIENCE DEGREE STATE UNIVERSITY OF NEW YORK MAJOR INA GRICUL TURE AND NATURAL RESOURCF_,,S CO!.LFFR COUNTY PROPERTY OWNER. I CURRENTLY OWN 7 SM.AI.L PROPERTIES ZONED AGRICULTURAL INSIDE AND OUTSIDE THE URBAN AREA, AND 5 OTHER PROPERTIES IN COI.Ln:~R COUNTY LOCATED IN NORTH GOLDEN GATE ESTATES OAKS BLVD AREA AND THE EVERC_d..ADES CITY AREA. I HAVE CK)~ TttROU~ THE COLLIFR COUNTY SDP PROCESS FOR 'I~O NURSERY PROPERTIES. SEP I 1999 465 Nursery Lane, Naples, Florida 34119, (941) 455-6266 Fax (941) 455-8472 e-mail: growcol @ ~ol.cOmr~' ''~ ~ LAWN& ~ r ~ ' ~ GARDEN.,.c/.~/ ," Serving the Naples Area S/nce 1982 STATE OF FLORIDA CERTIFiF. D PEST CONTROL OPERATOR 11 YEARS STATE OF FLORIDA PEST CONTROL BUSINESS LICENSE STATE OF FLORIDA NURSERY STOCK DF~I.k~ STATE OF FLORIDA DEAI.i~ IN AGRICULTURAL PRODUCTS COIJ,IFR COUNTY LICENSED CONTRACTOR "LANDSCAPE UNI JMIrF, D' COI.&IER COUNTY LICENS~r~ CONTRACTOR "NON-REC'RF, ATION.,aJ., PONDS WATERFAllS" SANmEL ISLAND LICENSED MANGROVE TREE TRIMMI:R SA_NmI~J~ ISLAND LICENSED CONTRACTOR CER~ HAZARDOUS MATERIALS OPERATIONS OSHA !.I::-VFI. 2 % PROFESSIONAL MEMBER FLORIDA LANDSCAPE DESIGNERS ASSOCIATION AG~A I~-~ "' SEP 1 q 1999 465 Nursery Lane, Naples, Florida 34119, (941) 455-6266 Fax (941) 455-8472 e-mail: growcol LAWN_&.. ~' ~'-'%~ GARDEN.,.c~:~ , Serving the Naa/es Area Since 1982 CURRENT BOARD MEMBER CO! .!.iFR COUNTY COOPERATIVE EXTENSION LANDSCAPE HORTICULTURAL ADVISORY COMMITlW~. ~ER FLORIDA NURSERYMEN AND GROWERS ASSOCIATION. ADHOC COMMITTEE URBAN FRINGE AREA THANK YOU FOR YOUR KIND CONSIDERATION AND IF I CAN BE OF SERVICE P~.F. ASE CALL. SIN~Y, AGENDA ITEJd SEP 1 ~ 1999 465 Nursory kano, ~a~los, Florida 34110, (041) 455-~2~ F~ (041) 455-8472 o-mail: ~rowcol ~a~ ~nm , August 30, 1999 Mr. Robert J. Mulhere, AICP, Planning Services Director 2800 North Horseshoe Drive Naples, Florida 34104 Re: Technical Working Group for Rural Fringe Area of Collier County Dear Mr. Mulhere, Enclosed is a brief resume on myself. This resume is sent to you so that I may be considered for appointment to the advisory committee referenced above. Please do not hesitate to contact me at my office 941-403-5104 or at home 941-353-0603 if you require any additional information. Thank you in advance for your assistance in this matter. Sincerely, Patrick K. Miller 260 Weber Blvd. S. Naples, FI.34117 PATRICK K. MILLER 260 Weber Blvd. S. · Naples, Florida 34117 · Telephone: 941-353-0603 EDUCATION NAPLES HIGH SCHOOL Diploma, 1972 UNIVERSITY OF SOUTH FLORIDA, TAMPA BA, Criminal Justice, EXPERIENCE GutF COAST NATIONAL BANK Senior Vice President, Senior Lender. 1994- Present CITIZENS NATIONAL BANK OF NAPLES Senior Vice President, 1987- 1994 PERSONAL INFORMATION · Mar~ed - No CNldren · Health - Excellent · 31 year resident of Collier County - 10 of which have been in the Golden Gate Estates area. , · My wife and I also own and operate the Gathering Restaurant in Golden Gate. --" AGENDA ITEM :~ ..,.~. _R~ I WClwatermark Communities Inc. August 30"', 1999 Mr. Robert Mulhere, AICP Planning Services Dim~r 2800 North Horseshoe Drive Naples, FL 34104 RE: Tedmical Working Gro~ for the Rural Fringe Ar~a of Collier County Please consider this letter as my applicatkm for a position oo the abow captiotted working group. I am interested in parti¢/pating in the process, and believe I am well suited for such a role. I am a S_t~__e C_~mffi~ Cgme~ ~, work in the Dev~lopme~ Industry, and am wry envirmmmmlly ecmcious and concerned. Please find attached a copy of my Rksm~, for y~ur inspoetim. I am available for any questiom or eommmts at the below-listed numbers. Please fell bee to call or Very truly yours, / SEP 1 1999 Pg .~ 24301 Walden Center Drive · Bonita Springs, Florida 34134 · i941) 947-2600 · wcicom~ ~:'ri::.::.::: ' A.R. Zichella 1509 Nottingham Drive Naples, Florida, 34109 R6sum6 Professional Job Experience January 1999 to present Construction Manager Watermark Communities Inc. Commercial Development Division Duties: Manage, coordinate and supervise various projects on behalf of joint venture partnerships or Owners under Development Services Contracts. Participate in the Design and Development and Preconstruction phases of each project to assist in the development and review of the plans and specifications, as they are produced. To study and evaluate the plans to identify and overcome potential problems. The review of Proposed construction and general conditions budgets. Participate in Value engineering meetings, and make recommendations. Assist in the permitting process by representing the Owner in support of permit applications, and negotiating with governmental authorities, community groups, or others, if necessary to help secure the permits. Make recommendations to the Owners regarding the selection of General Contractors and Sub-Contractors. Coordinate the activities and responsibilities of the General Contractor and all other Contractors performing services in connection with the construction of the various projects. Coordinate the construction in accordance with the plans and specifications. Regularly inspect the work of the Contractor and Sub Contractors. Schedule and conduct regular meetings with the Contractor and Architect. The development and implementation of procedures for the review and processing of the Applications for Payment by the General Contractor. Approval of the Applications for Payment and presentation to the Owner in a form and with attachments as may be required. The on site representation of the respective Parmerships or the Owners. Operational problem solving, and expedition. The approval of construction methods and the monitoring of the construction schedule. The transmission of R_FI's to the Architect and assisting in the resolution of questions that may arise. Review requests for changes, assist in negotiating with the General Contractor regarding change proposals, submit to the Owner for approval, and assist in the processing of Construction Change Directives and Change Orders. Assist the Owner in the, evaluation and doo~mentation of ali claims that may arise relating to the work. Observe testing and start up of all equipment. Projects Include: Hyatt Regency at Coconut Point, Bonita Springs, FL; Ritz Carlton Golf Lodge, Naples, FL; T~ur6n Golf Clubhouse, Naples, FL. AGENDA ITEM (941)566-1733 / F x:(941)566-3262 SEP i 1999 R6s 6 A.R. Zichella Cont ..... Senior Manager May 1997 to December 1998 WCI Communities Homebuilding Division Bonita Springs, FL Duties: The planning, formulation and management of all new construction budgets. The specifying of matefiat, methods, and the ereafion of the Scopes of Work for all projects, The solicitation and analysis of all bids. The Pre-qoalification of all subcontractors. The letting of all subcontracts for construction, and negotiations with material men and suppliers, including company wide rebates and price incentives. The complete buyout of all new projects and the management of the purchasing department, including the pricing of all options and the formulation of option policy. Participated in the formulation of new policies and procedures for the division, and implementation of same. Oversee Production managers and Superintendents. Projects included: The V'fllages at T0rpon Cove, Naples, FL; Pelican Sound Golf and River Club, Estero, FL; Cottages at Pelican Landing, Bonita Springs, FL; Callaway Greens at Gateway Golf and Country Club, Fort Myers, FL; V'flla La Palina at Bay Colony, Naples, FL; V'flla Coronado, Pelican Bay, Naples, FL; Colony at Pelican Landing, Bonita Springs, FL; Cypress Cove at Wildcat Run Country Club, Estero, FL; Norms.. Estates, Tibur6n Country Club, Naples, FL; Bolero at Tibur6n, Naples, FL luly 1994 to Nov. 1996 Project Manager *Columbia Development Group *Gleneagles of Naples *Barry, Bette, & Led Duke, Inc., Estero, Fl Duties: The complete oversight and supervision of the development and construction operations at the Breckenridge Golf and Tennis Club in Estero, Florida, including the placing of all roads and infi'astructure,( including all water, sewer, and storm utilities). The dedication of the water and sewer to GuffUtilities Co. Inc. Construction duties included materials specification, bid solicitation, budgeting, scheduling, contract preparation, and negotiations, permitting, and working with the Architect to imlfirove and upgrade the plans. Also value engineering, and new product development. Projects included multi-family condominium buildings, Coach Home buildings, Office buildings, Club facilities, and Golf Course construction, among others. In addition to the Breckem'idge Project, additional duties included the Sandcastle Condominium in New Smyrna Beach, FI, working fi.om the due diligence stage, through the complete development of the plans. Determined the style and method of construction, the specification of materials, development of the floor plans and site plans, hiring and management of professionals. Managing and steering of~ project through the permitting process, and dealing with agencies in Volusia Count~, (941) 566=1733 / Fax:(941)566-3262 I K77 I ~ 1999 R6sum6 A.R. Zichella Cont ..... the State of Florida DE.P, as well as the St. Johns River Water Management District, and the New Smyrna Beach Utility District. This is a luxury condominium project on the Atlantic Ocean. December 1990 to July 1994 Director of Construction V'meyards Development Corp., Inc. Vice President V'meyards Construction Co., Inc. Naples, FL Duties: Included the supervision of all aspects of the construction operation, including but not limited to: material specification, plan development, bid solicitation, budgeting scheduling, contract preparation, permitting, construction supervision, client relations, and all related activities. Projects included single family luxury homes, luxury condominiums, office construction, office set up, site development, utility construction, remodeling existing product, infrastructure placement, utility dedications, facility maintenance and repairs for the Country Club, etc. June 1987 to December 1990 Construction Manager Coastland Building Corporation Naples, FL Duties: Managed the Construction operation, including the assignment of Superintendents, material specifications, and ordering of materials. Oversaw plan development, and worked with the architects and engineers on value engineering and the refinement of the working plans. Also performed the bid and proposal solicitation, contract negotiations, budgeting and scheduling. Dealt directly with clients, title companies, and mortgage institutions. Monitored the fieldwork, and set quality standards. Approved all payments to subcontractors and materialmen. Projects included luxury single family homes, and luxury townhouses. 1982 to 1987 President A.R. Zichella & Company Nanuet, Successful consulting practice serving clients in the construction / development business exclusively. Specializations included: operational problem solving, project and job set up, construction management, contract / labor negotiations, risk management, bond procurement, job costing, office set up and staff'hiring and training. Projects included residential, commercial, hospital, institutional, and state and municipal work. (941) .~6-1733 / Fax:(941)566-3262 3 ! ~,-, R6sum6 A.R. Zichella Cont ..... 1983 to 1986 Vice President 1977 to 1981 *Dic- Underhill Industries *Nartec Data, Inc. *Split Rock Realty Co., Inc. New York, NY Served with this Company ia a variety of capacities, including, but not limited to: field administrator, assistant superintendent, up to Vice President. Projects included high rise housing, hotels, and office buildings, (concrete superstructure work), hospital construction and expansion, bridge construction, and roadwork. Company evolved into the developing and managing of their own properties in which my responsibilities included the managing and supervision of the maintenance, repairs, and all capital improvements to over thirty properties and over four thousand rental units, including managing expenditures of an average of one million dollars per month. 1981 - 1983 Director of Operations / Project Manager PKV. Concrete Corp. West Nyack, NY Joined this firm ia its first year of operations and worked there for three years. Duties included the institution of all corporate practices and procedures, labor relations, Union negotiations, bonding, risk management, and the seeuriag of financing. Also coordinated all field - office practices, job costing, supervision and training of staff. Assisted in the formulation of planning and objectives, and effected policy in accordance with long term goals. Personally managed the most sensitive jobs. Projects iaeluded medium high rise office buildings, parking structures, shopping malls, water / sewer treatment plants, and retail stores (i.e.: Toys 1~ Us, etc..). Professional Cr~lentials Member CBIA Governmental Affairs Committee State Certified General Contractor S.B.C.C.I. Professional Member Education Emerson High School, Emerson, N.J. Lock Haven State College, Lock Haven, PA. (941) S66-1733 / Fax:(941)566-3262 SE? 1 t~ 1999 4 group THE V GROUP OF FLORIDA, INC. August 27, 1999 Mr. Robert J. Mulhere, AICP Planning Services Director 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mulhere: Please accept this letter and attached resume as application for consideration for the Technical Working Group for the Rural Fringe Area of Collier County. My background and experience should meet the minimum requirements for the Working Group. If you need any additional information, please let me know. Sincerely, THE V GROUP OF FLORIDA, INC. Thomas E. Com'ecode, P.E. Executive Vice President TEC:smc Attachment ~GENDA ITEM 1 q 1999 ARCHITECTURE * ENGINEERING. PLANNING. PROJECT MANAGEMENT. INTERIOR DE. ;IGNW 5150 TAMIAMI TRAIL NORTH, SUITE 600 . NAPLES, FLORIDA 34103 · 941/263-3700 · FAX 941/263 9117 THOMAS E. CONRECODE 7913 Gardner Drive Home (941) 594-0153 Naples, Florida 34109 Work (941) 263-3700 QUALIFICATIONS Extensive management experience in challenging public and private business environments including civil engineering, archive, planning, utility operations, permitting, construction and project management, as well as evaluation of quality, cost, environmental, and customer impacts of a modern professional service organization. PROFESSIONAL EXPERIENCE · The V Group of Florida, Inc. - Executive Vice President, December, 1996 - Present Responsible for all operational aspects of a sixty three old multi-disciplined professional service firm. Services indude architecture, multiple engineering disciplines, interior design, construction management and project management. Projects include corrections, education, hospitality, health care, public works and land development facilities. · Collier County Government - Public Works Administrator, August, 95 - December, 96 Responsible for a staff of 370 in seven functional depas-tments ranging from Water, Wastewater and Stormwater to Solid Waste, Transportation and Capital Projects Management. Services provided to a peak population of 300,000 include 24 MGD of water, 18 MGD of wastewater, land filling 343,000 tons per year with a 44% gross recycling rate, 140 miles of drainage and 1600 miles of roadways maintained. Duties include development and implementation of long range operational, capital and financial plans; as well as oversight of daily operations; policy review, development and implementation. Combined annual operating and capital budget responsibility exceeding $200 rlaiilion. · Collier County Government- Project Management Director, March 89-August 95. Responsible for the admires' tration of the Capital Projects Management Department. An organization of 46 engineering, project management, and construction management professionals whose mission is the design, permitting, construction and administration of the County's $,350 million capital improvement program including coastal, environmental and conventional public works projects. R~sponsibility encompassed the entire project life cycle from inception to completion and included all project parameters from planning, budgeting and permitting to project doseom in a challenging client service environment. · Collier County Government - Project Manager, February 88-March 89. Responsible for the coordination of projects including contract negotiation, desi ,r,,~. ~c,,o~o~ I~' construction administration, and cost controL Representative projects include ae Collier County Courthouse, Health and Public Services Building, and Develop: ~ent'''~~ Services Center. SEP 1 ~ 1999 Thomas E. Conrecode paze 2 · KPMG Peat Marwick - Management Consultant, 1987-1988. Provided professional consulting services in areas of financial planning and reporting, cost accounting, project management, project planning and control systems analysis and contract administration. · United States Army - Captain, 1983-1987. Diversified duties including primary and intermediate level logistics, maintenance and staff positions involving planning, operations .and conduct of worldwide deployments. EDUCATION Master of Sdence, System~ Management - University of Southern California, 1986 Certificate of Information Systems - University of Southern California, 1985 Bachelor of Science, Civil Engineering - Youngstown State University, 1983 PROFESSIONAL CERTIFICATIONS Professional Engineer- Florida #46571 Project Management Professional- Project Management Institute, 1989 General Contractor - Class A - 1988 PROFESSIONAL ASSOCIATIONS National Society of Professional Engineers Project Management Institute Florida Engineering Society American Society of Civil Engineers American Public Works Association American Water Works Association AC.~=J4DA ITEM SEP 1 1999 Aug. 28,1999 Robert J. Mulhere AICP, Planning Services Director 2800 North Horseshoe Drive, Naples, FL 34104 Dear Mr. Mulhere, I am interested in serving on the Technical Working Group for the Rural Fringe Area of Collier County. I have followed the issues of development, growth and environmental preservation in Southwest Florida during my 13 years as a resident of Collier County. Having lived in both the City of Naples and in rural Golden Gate Estates, and worked in both Immokalee and Ochopee, I believe my views are more comprehensive than most Collier citizens. In addition, I have well-rounded employment and organizational associations. I am both a member of several local environmental groups and the employee of a developer seeking to build a hotel in Everglades City. Therefore, I believe I have a balanced view of both conservation and private property rights. One of the perceived weaknesses of the county's environmental committees has been the familiarity of members with areas they are addressing. I have spent considerable time exploring much of the so-called "Rural Fringe Area," especially northern Belle Meade. Sincerely~,~ ~~ Cindy Hackney ~ Lucinda Kidd Hackney 3641 Golden Gate Blvd. E Naples, FL 34120 455-9529 Undergraduate Education Arizona State University, Tempe, Arizona B.A. Cum Laude, Dec. 1982 Major: Journalism, with an emphasis in Photojournalism Special Studies: Advanced Spanish and Spanish Literature University of Science and Arts of Oklahoma 1977-1979 Major: Political Science and American Indian Studies Awards: Outstanding Freshman, Showcase Music Awards Photo]ournalism Em~ment Tuff Publications, Golden Gate, Florida Position: Reporter and Writer, Photographer, Headline Writer, Aug. 1995-- present Duties: To write three or four articles, shoot and print photos weekly for Everglades Echo, emphasis on environmental is- sues, economic growth, city council decisions, school and youth events and trends; to write one or two articles and take several feature photos weekly for the Golden Gate Gaz- zette, growth and code enforcement in the Estates is my strength; write a story and take one or two photos for the Senior Times, for which I cover interesting and active Col- lier County residents over 50 years old Immokalee Photography, Immokalee, Florida Position: Sole Proprietor of Portrait and Commercial Photography Business, Apr. 1994-- Aug. 1995 Duties: Wedding, quinceanera and family photography; photo album editing and arrangement; sports photography; modeling port- folio work; business and agricultural shooting The Suwannee Democrat, Live Oak, Florida Position: Cor~'espondent (Writer and Photographer), Feb. 1991-- Aug. 1991 Duties: To write two or three pieces daily dealing with life in Su- wannee County, including the areas of agriculture, crime, the economy and school activities; to take the accompanying photos Gulfcoast Living Magazine, Naples, Florida Position: Associate Editor, Summer 1989 Duties: Human interest, restaurant and real estate writing, photo- graphy, editing and copy editing County Press, weekly newspaper, Broomall, PA. Position: Photo Editor, Aug. 1983-- Oct. 1984 Duties: Planning and shooting cover photography for four zone Lucinda Kidd Hackney 3641 Golden Gate Blvd. E Naples, FL 34120 455-9529/353-0444 tions; covering and assigning high school sports photo- graphy; shooting local events and political celebrities; shooting and laying out monthly photo pages Freelance Writing and Photo r~ph_y In Portrait: Naples and Collier County, published in 1995 by Pro- folio Editions Inc., Naples Seven photos featuring rural Collier County for this coffee table pictorial Off-Road Magazine, Feb. 1989, Dec. 1991 Catholic Near East Magazine, published by the Catholic Near East Welfare Association, New York, circulation 150,000 Photos and stories on Egypt, Israel and the West Bank, 1985-- 1988 News of Delaware County, Spring 1986 Delaware County Daily Times, Pennsylvania daily, 1984 Philadelphia Inquirer, Neighbors Section, Winter 1986 Miami Herald, Gulf Shore edition, Winter 1987 Gulfshore Life Chamber of commerce edition, 1987 Transitions Abroad, educational travel guide, Summer 1988, Spring 1989 Rinko Advertising, Swarthmore, PA. 1986 and 1987 Southern Magazine, March 1989 The Other Side, Religious bimonthly, Nov.-- Dec. 1988 Naples Daily News, June 20, 1989; October 1994 Florida Living, monthly magazine 'from central Florida, March 1988 Habitat For Humanity, Habitat World Magazine, Winter 1989 Ot her_Emp_l_ozme nt J&W Photography, Naples Position: Part-time darkroom technician, Feb. 1989-- Dec. 1990 Duties: Custom B&W, color and cibachrome printing, head and shoul- ders and real estate photography - AGENDAIT~,. The Registry Resort, Naples ~o. ~)f_ Position: Dining Room Supervisor, Dec. 1986-- Feb. 1988 SEP 1 1999 Lucinda Kidd Hackney 3641 Golden Gate Blvd. E Naples, FL 34120 455-9529/353-0444 Duties: Overseeing Cafe Chablis, hiring, scheduling, organizing and training dining room staff, dealing with unhappy customers References Furnished upon request; feel free to contact any local employers I have had, including my present employer, Tuff Publications (al- though they don't know I'm looking around at other employment and I would like to know about it first) Awards Sierra Club, 1993 annual photo contest, First ?lace in "Forest" category with a central Florida cypress pond ~r_~anizations Golden Gate Estates Civic Association Conservancy of Southwest Florida ~--- Florida Wildlife Federation, Naples chapter National Audubon Interests Exploring Florida's outdoors, camping and fishing Playing, writing and listening to folk music Attending cultural fairs and exploring traditions of different peo- ples Sampling and reading about fine cuisine and wines Learning about local Florida history, Native Americans and early settlers ) Rural Lands Assessm,. ~raft Schedule ) PROJECTED TASK PROJECT TIME FRAME COMPLETION DATE Appointment of Rural Lands Assessment Area Oversight Committee September 14, lggg Consultant for Eastern Collier Property Owners Presents Proposed Data Sources & Analysis Methodologies to Committee at Advertised ~ October/November 1999 Consultant for Eastern Collier Property Owners Presents Data Sources & Anal~,sis Methodologies Joint Meeting of CCPC/EAC* November-9g Consultant for Eastern Collier Property Owners Presents Advisory Committee(s) Recommendations on Data Sources & Analysis Methodologies to BCC December-9g ~ Decides Whether or Not to Utilize Eastern Collier Property Owners Consultant for Data Collection December-9g Ongoing - January 01 (Note: data collection/analysis portion of assessment may be phased. Progress reports may be scheduled before the Committee at Data Collection & Analysis various intervals during the data collection phase) January-01 Development of Comprehensive Plan Amendments for Rural ;Assessment Area 01 March-01 March-01 IPublic Workshop/Townhall Meeting for Presentation of Draft Comp April-01 April-01 May-01 May 01 - September 01 September-01 Development of Draft Comprehensive Plan Amendments for ,ISeptember_99 I Additional Phases il September-01 September-01 Public Workshop/Townhall Meeting for Presentation of Draft Comp Amendments for additional Phases if Necessary_ October-01 I Joint CCPC/EAC Meetings if NeCessary November-01 ~smittal Meetings (for additional phases if necessary) December-01 * Denotes Public Input Opportunity Rural Lands Assesement Area Oversight Committee Applicants Owner or Relative Employed by of Owner of Land Owner of Land in Paid Representative, in Assessment Assessment Area Advocate, or Area (exceed one (other than Consultant for Owner percent of total Government of Land in Committee Applicant Current Employer Profession/Occupation assesment area) Agency) Assessment Area Florida Fish & Wildife 1 Beever, Jim (or other appointee0 Commission Biologist No No No 2 Boggs, Alan Retired Exxon Corpl Engineer No No No 3 Boggs, Susan No No No Florida Department of 4 Boler, Bruce (or other appointee) Environmental Protection Environmental Manager No No No 5 Bothoff, Dick Retired Banker Retired No No No Philamonic Center for the 6 Cornell, Bradley Arts Music Librarian No No No 7 Crews, Floyd SW FL Service & Supply Owner of Business No No No Southwest Florida Reginal Planning Council, 8 Daltry, Wayne (or other appointee) Executive Director Community Planner No No No 9 Dykstra, Roger Self-Emplyed Eco-tourism No No No The Conservancy of Southwest Florida, Pres. 10 Guggenheim, David, Ph.D. & CEO President and CEO No No No Gulf Citrus Growers Executive V. P., General 11 Hamel, Ron Assn. Inc. Manager No Yes Yes Univeresity of Florida Insitute of Food & Professor & Center 12 Hanlon, Dr. Edward Agriculture (IFAS) Director No No No Realtor, Naples Realty Services, Inc. ............ (representing Naples 13 Harv;y, Rodney D. Area Board of Realtors) Realtor No No No i Rural Lands Assesement Area O~ ~.. s)ight Committee Applicants ) Owner or Relative Employed by Paid of Owner of Land Owner of Land in Representative, in Assessment Assessment Area Advocate, or Area (exceed one (other than Consultant for Owner percent of total Government of Land in Committee Applicant Current Employer Profession/Occupation assesment area) Agency) Assessment Area Big Cypress Preserve (US Park Service, Dept. 14 Hibbard, Wally of the Interior) Park Superintendent No No No Naples Area Chamber of 15 Jantsch,,Dawn D., CAE Commerce President No No No 1 Johnson, Karen SFWMD Supervisor/Professional No No Collier County Public Civil Engineer, Long 16 Kirk, Michael Schools Range Planner No No No US Dept. of the Interior, Fish and Wildlife Service Florida Panther & Ten Thousand Island National 17 Krakoski, Jim Wildlife Refuges Refuges Manger No No No Corkscrew Swamp Assistant Sanctuary 18 MacKie, Andrew J. Sanctuary Manager Business Owner 19 Olesky, Ann (Immokalee) Owns Marina No No No Florida Wildlife 20 Payton, Nancy Anne Fedderation Field Represnetative No No No 21 Polizos, Anthony Department of Agriculture District Conservationist No No Yes 22 Rideoutte, Jim Retired (IRS) Manager No No No 23 Santee, David Farm Bureau Agency Manager No No No 24 smith, Richard J. Self-employed Attorney No No No 25 Spagna, Nine, Ph.D. Self_employed Community Planner No No No SFWMD (Big Cypress Civil Engineer, Exec.'. ~ ..... ~'='6"-"~ 's, Clarence Basini Director No No No r! ~ Collier County Housing Administrator/Executive rCr~27 ~.T~ ~nas, Fred Authority Director ~1o No No ~ Page 2 of 3 Rural Lands Assesement Area Oversight Committee Applicants Owner or Relative Employed by of Owner of Land Owner of Land in Paid Representative, in Assessment Assessment Area Advocate, or Area (exceed one (other than Consultant for owner percent of total Government of Land in Committee Applicant Current Employer Profession/Occupation assesment area) Agency) Assessment Area Business Owner Irrigation Computer 28 Tuten, $onia (Immokalee) Technician No No No 29 Wilkins, Wes R. Disney & Associates Architect No No No Yes, Relative 30 Williams, Carrie Williams Farms Office Manager (amount unknown) Yes No HF NDRY COUNTY I -~-~--___~ , I RURAL ASSESSMENT OVERSIGHT COMMITTEE ~ ~ c.[w IMMOKALEE URBAN ARFA STUDY AREA ,.us, / NOT INCLUDED IN ASSESSMENT DENOTES BOUNDARIES OF THE RURAL ASSESSMENT LEE COUNiY OVERSIGHT COMMITTEE STUDY AREA HENDRY COUNTY Rural Lands Area Assessment Oversight Committee Application Letters SEP 1 q 1999 --0 South Florida Water Management District? ,-, ';'7 -. August 25, 1999 ~ e~ . r~U~, 8 ;399 Mr. Bob Mulhere ....... · Director of Planning Services Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mulhere: Subject: Rural Agricultural Oversight Committee Collier County It is my understanding that the Collier County Board of County Commissioners is forming a Rural Agricultural Oversight Committee to address land development concerns recently expressed by the Department of Community Affairs. It is my understanding that Commissioner Barbara Berry v~ill chair this committee and members are currently being appointed to site on the committee. I would welcome the opportunity to serve on this committee as a representative of the South Florida Water Management District. Please contact me at 941/338-2929 if you require additional information. Sincer~ely,~/ Karen ~. Jol~son Supervising ?rofessional Fort ~ycrs Service Center - R CEI¥ AUG ~ ~ August 12, 1999 Mr. Robert J. Mulhere, AICP, Planning Services Director 2800 North Horseshoe Ddve Naples, Flodda 34104 I would like to serve on the Rural Agricultural Oversight Committee and am enclosing a brief resume for your consideration. If you are desirous of any other information, please let me know. Thank you. Sincerely, Dr. Neno J. Spagna, AICP ' AGENDA r SEP 1 q 1999 BIOGRAPHICAL RESUME Dr. Neno J. Spagna DATE OF BIRTH: September 12, 1924 near VVheeler, Indiana. MARITAL STATUS: Married, two children. EDUCATION: Doctor of Public Administration, Nova University, July 1977. A.S. degree in Urban Management and Administration, Manatee Junior College (Manatee Community College), May 1975. (Graduated Summa Cum Laude, class rank of 5 out of 535 graduating students). Masters degree in Urban and Regional Planning, Universidad del Valle, Carl, Colombia, S.A., June 1966 (Organization of American States Scholar). M.S. in Geography, Univ. of Tennessee, March 1954 B.A. in Biology, Univ. of Miami, Coral Gables, Fla., February 1951. Grades 9 thru 12, Valparaiso H.S., Valparaiso, Indiana. Grade 8, St. Pauls Parochial School, Valparaiso, Indiana. Grades I thru 7, Wheeler H.S., Wheeler, Indiana._ EMPLOYMENT RECORD: September 1979 to present - President, Florida Urban Institute, Inc., consulting firm in urban and regional planning. October 1973 to September 1979 - Community Development Administrator, Collier County, Fla. January 1966 to October 1973 - Planning Director, Manatee County Planning Department. April 1954 to May 1964- Planning Director, City of Hollywood, Fla. June, July, August 1965 - Planning Internship, Call Planning Department, Call, Colombia S.^. July 1954 to April 1956 - Planning Technician, City of San Bernardino, Calif. January 1953 to March 1954 - Planning Draftsman, Tennessee State Planning Commission. July 1952 to March 1954 - Planning Technician, Chattanooga (Tenn.) Housing Authority. ACTIVITIES: Volunteer worker, Naples City Planning Department Current Member and Chairman of the Collier County Water and AGENDA ITEM 1 . 1999 Wastewater Authority Past Member and Chairman of the Collier County Airport Authority Past Member Collier County Fair L 3ard. Past Member Collier County Citizens Advisory Committee, Evaluation and Review Committee, Collier County Growth Management Plan, served as chairman of the Housing Committee. Trustee, International College Foundation, Inc., past Chairman, International College Advisory Board, current Secretary, International College Advisory Board and adjunct professor in Urban and Regional Planning courses. Organizer and founder, Naples-lntemational College Rowing Club. State certified Guardian Ad Litem (inactive at this time). Past President, Saint Vincent Depaul Society, Naples Council. Past Chairman, Golden Gate Fire Control and Rescue District. Past Member Golden Gate Architectural Review Board. RECOGNITIONS AND AWARDS: NACO, Outstanding Achievement Award for implementing the first "Transfer of Development Rights" program in Florida. Service Award of the Govemor's Advisory Committee for the. handicapped. Certificate of Award by the Manatee Conservation Council. Certificate of Appreciation from the City of Bradenton Beach, Fla. Community Leader of the Month from Radio Station VVTRL, Bradenton, Fla. Meritorious Service Award from the Manatee County Board of County Commissioners. Outstanding Service Award by the Isaac Walton League of America, Manatee County Chapter. National Association of Counties Outstanding Achievement Award for designing "Project Speak-up" citizens participation radio program in preparation of the first Manatee County Comprehensive Plan. Author of the Manatee County Optimum Population and Urban Growth (OPUG) Plan: Precursor of the Florida State Comprehensive Plan Act. Outstanding Service Award by the City of Hollywood Planning and Zoning Board. Organization of American States Scholarship in urban and regional planning in the Universidad del Valle, Call, Colombia S.A. ' Junior Chamber of Commerce Certificate of Appreciation for promoting community development throughout Florida by (bamstorming) throughout South Florida. AGEND, ,~ SEP 1/.! 1999 Invited to the 1960 White House Conference on Children and Youth by President Dwight D. Eisenhower. Served as Work Group Leader and presented resolution recommending the creation of a national department of urban affairs which eventually led to the establishment of the US Department of Housing and Urban Development. Chairman of the Broward County League of Municipalities Study Committee which prepared the Broward County Area Planning Board legislative bill. Later was named coordinator by the Legislative Delegation to supervise the initial organization of the Area Planning Board and install its first officers. MILITARY SERVICE: June 1943 to June 1946 - Served as Bombardier/Navigator/Radar Observer in U.S. Army Air Corps. Honorable Discharge as Flight Officer. AGENDA ITEJ~ SEP lq 1999 August 27, 1999 Mr. Robert J. Mulhere, AICP Collier County Government Community Development and Environmental Se~ ~ice~ Division 2800 North Horseshoe Drive Naples, FL 34101 VIA FAX: 941-1343-8968 ~ Dear Bob: ~ Atta~ ple~t,e find my re~ume, for Submi~ion .trot serving on the commMeea on density. I am interested in both committees, ~nd would enjoy discussing with you the appropriate needs. , If you have any questions, please contact me at ~ny office, at 941-403-2901. Endom~m: resume GASHARED~_-~ovemment C~~::)ensity C~miltee Letter.doc Created on August 27, 1999 2:58 PM AGENDA I'1 ..-.. Dawn D. Jantsch, CAE 3280 Tamlami Trail North. Naple~, Florida 33103 Daytime Phone: (841) 403-2901 dln=~ol.com - Profeea~nal Employment ' ' · Sewe~ ~ ~ ~ execulNe of 501(CX6) o~ganitalion in ColOr County, wilh ~mrnunk:alim~ to over 2,000 · SUl:~'vt~r of beo locations, wilh 11 fi. dl-lime staff, artd vahou~ I:~'t tirr~ ~lff · ~ poailion m chtet of staff for 1200 member focal Irade a.aeci.~,n (GDRA); opene~l ami msnaged melm office for Texas Reelat.'am A.eociation (TRA) · Deigned Infxwalt~ inerrlbelth~ ~n plograrn~ c~e~ing growth It'otrt 737 ~ in 1989 to 1.200 wiltlin ,, C~ ~tli]l;[.[]il(~ eventa for i;x~ltc, l action ~ ~ D'"'"' pAC reve~-L-'~- over 400~- ~, ~-~:::~.~: :? .... · -'~"~': ~:~" '.:-' '-'*""~]'~[~? ! ~ 1999 08/24/90 13:02 FAX 9416435130 NWP ~ ~001 · FLORIDA WILDLIFE FEDERATION submit my name for appOi~d~t ~0 the Rural A~ Oversight Committee. am a residmt (2069 River R~ch Driv~ ~414, Naples, Florida 34104~k ~ rcgism~ m vote'in (~olJ.~ CoTxllty, sad. am em~oyed 1:)7' the [:q_ocida 'W'LI&Ii'~ F~ ~. 08/24/99 X3:O2~FAX 9416436130 ~ FW~ ~002 Nancy Anne Payton Florida Wildlife Federation 1981 - l~ * I~ ~~. d~l~ ~ ~ ~~ md * ~h~ ~~ hr ~e ~~on of ~d~ ~ ~~ ~~A) * ~~ : hd ~r ~ Ron Hamei Executive Vice Presidenl General Manager August 20, 1999 The Honorable= Barbara Berry Collier County Commism'oner 3301 Tamiami Trail E. Naples, FL 34112 Dear Commi-~ioner Berry: The purpose of this letter is to offer'my assistance, as a representative of the citrus industry of Southwest Florida, on the community based oversight committee, called "The Berry Committee" for the hnmokalee Area Study as pan of the effort to address Collier County's growth numagement issues in the rural pans of the county. As you are aware, the Gulf Citrus ~rowers Association, the or,osniTstion I represent, fum'tions on behalf of the citrus growers in Charlotte, ~ Glades, Hendry and Lee counties. We support and promote the concepl of sustainable agriculture.., which in our perspective means that agriculmre/ciUus must remain a profitable business to be 'sustainable". Our organization has represented the industry on the Governor's Commission for a South Florida as well as Southwest Florida Issues Cn'oup related to managing 8rowth in the region. to participate on your committee and would be honored by the Execmive Vice President ,% Cc: Mr. Bob Muihere, Director of Plannin8 Services, Collier County Develolxnent Services AOENDAI~ P.O. Box 1319, ~ ~ 33975, 9411675.-21801 Fax 941/675-80~7 / E-.maii:~lfcit~ ~v_.~'..==.~.. · '--A COLLIER Cou r Bu .tu · 395 North 15th Street * lmmokalee, FL 34142 (941) 657-3667 · FAX (941) 657-3669 August 20, 1999 Mr. Bob Mulhere Director of Planning Services · Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mulhere: It is my understanding that the Board of County Commissioners will be appointing members to serve on the Rural Agricultural Oversight Committee. As a businessman and residem of Immokalee I would welcome the opportunity to serve on the Rural Agricultural Oversight Committee. Your consideration in this matter is appreciated. Should you require further information please contact me at 657-366~- Sincerely, ~ David Santee August 20, 1999 Mr. Bob Mulhere Director of Planning Services Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mulhere: It is my understanding that the Board of County Commissioners will be appointing members to serve on the Rural Agricultural Oversight Committee. As a businessman and resident of Immokalee I would welcome the opportunity to serve on the Rural Agricultural Oversight Committee. Your consideration in this matter is appreciated. Should you require further information please contact me at S. W. FL Sec, ice & Supply, 606 E. Main Street, Immokalee, FL 3414, 657-2429. 1999 AUG ',999 August 20, 1999 Mr. Bob Mulhere Director of Planning Services Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mulhere: It is my understanding that the Board of County Commissioners will be appointing members to serve on the Rural Agricultural Oversight Committee. As a resident who is involved in our family farming operation in Immokalee, I would welcome the oppommity to serve on the Rural Agricultural Oversight Committee. Your consideration in this matter is appreciated. Should you require further information please contact me at Williams Farms, 1300 North 15th Street, Immokalee, FL 34142, 657-5188. Sincerely, AGENDA ITEM NAPLES REALTY August 17, 1~)9 Robert Mulhere, AICP Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104 Re: Berry Committee I would like to thank you for taking the time last week to explain the various committees within the community and their duties. As I explained during our conversation, I ~am a member ofttm NAPLES AREA BOARD OF REALTORS Governmenlal Issues Committe~. In as mmgh, they have urged me to apply for a position on the Eastern Lands Rural Oversight Committee. I am a Native of Naples and graduated from BCHS in 1984, I immediately became involved with my families agricultural business, Harvey Bros. Farms, Inc. During that time I served on the Vegetable Research and Extension Advisory Committee for the University of Florida's Institute of Food Sciences (IFAS) from 1992 through 1997. I also was a member of the Board of Directors of the Florida Farmers and Suppliers Coalition from 1996 to 1997. I have also been a registered voter since February 1984. We made the decision to discontinue active involvement in agriculture in the spring of 1997 because of increasing unregulated foreign eom.~itiom I quite naturally made th~ tmmition into Real Estate. I am curr~ly a member of the following organiz~ions: National Association of REALTORS (NAR) Florida Association of REALTORS (FAR) NAPLES AREA BOARD OF REALTORS (NABOR) And I abo am a Candidate member of the COMMERCIAL INVESTMENT REAL ESTATE INSTUTE (CIRED ~ SEP 1 ~ 1999 409~'lhmiami 'fi-ail North · NaiVes, FL 34103 * 941-2b-2-4~3 Pax 941-262-781~ I married my wife Jana Nichole (Hall) Harvey in June of 1997. We built our home in Golden Gate Estates and moved in shortly ~er. I appreciate the opportunity to volunteer for a position on the committee ~ thank you for your consideration. I look forward to hearing from your or your staff in the near future. AGENDA ITEi~ ~~l/ SEP 1 ~ 1~ 88/17/1999 15:56 2S20672 ]]-E CONS OF SWFL P~E 81 THE CONSERVANt O~ Southwest Floriaa ~4~ M,,,mhu~ Dl~l~ * N'-,l:fles. Florida 3,1102 Tuesdsy, August 17, 1999 ~.~ · ~,~ ~.~.0~?~ ww~v. com~'v~a~..or~ Ns~:m, FL 33942 I wouki b'kc to participate as a committee ~ in thc cooxmmity-basod ~ ~ with ~ onflis important al~brt. S~, · · august 26 1999 Mr. Robert J. Mulhere AIC~ Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104. Dear Sir re: Rura~i~Agricultural Oversight Committee I wish to make applica.tion for a position, as advertised in the Naples Daily News of August 12, on the subject committee. I have been a property owner in Collier County since 1966 and a year round resident since 1993. My Collier's voter's registration number is 166282. Other pertinent data follows: Full name: Mrs. Susan Elizabeth Hardwick Boggs Born: December 8, 1934 at Epsom, England. Now a naturalized U.S. citizen. Education: Seaford Ladies' College One year in France following. Work Exp: BBC Natural History Unit Production Assistant. Assistant Purser P. & O. Steam Navigation Co. As a member of the Board of Collier County Audubon Society I am very much interested in practically promoting proper growth in Collier County to avoid the mistakes of the past. Very truly '~purs ,~ Susan Boggs. ' AC, ENOA ITEM" SEP 1 1999 August 27 1999 ~r. Robert J. Mulhere AICP Planning Services Direct6r 2800 BoOth Rorseshoe Drive Naples, FL 34104 Dear Sir re: Application fo~ a position on the Rural Agricultural Oversight Committee " Position on the Technical Working Group for the rural fringe area of Collier County - as advertised in a Public Notice in Naples Daily News of August 12, 1999. I am a full time resident and elector of Collier County. Below is pertinent data: Full name: Alan Dye Boggs DOB January 28, 1927 Place: Sistersville, W. Va. Military Service: Army of the United States 1944-47 In the Philippine Islands. Education: Marietta College, Marietta, Ohio Graduated with B.a. in Petroleum (Cum Laude) and B.a. in Petroleum Engineering (Cum Laude). Elected Phi Beta Kappa 1951. ~rk Experience: 33 years with Exxon, overseas and domestic, in engineeri~$ o~rations and management. Retired in 1986 from Exxon Producll*n Research Co. I have owned property in-Collier County since 1966 and have been a full time resident since 1993. Durin8 this time I have seen enormous changes - not all to the good. It is my belief ny technical and executive background would be of value to either of tile ~bject comm/ttees. Aug-30-99 04:39P Pht]ha~ntc Center 9415976683 P.01 BRADLEY CORNELL 556 109th Avenue, North Napic~, FL 34108 94//592-7805 milicrcornell(~mindsgwing, oom Mr. Rob~ J. Mulhcr~, AICP Planning lg~vic~ Diroclor 2800 North Hm~.~. hoe ~ Na~ ~. 34104 ~ B~. Wi~ ~n I~ I ~sh to app~ f~ ~~t to ~th ~e ~ 'l.'~lmicM Wo~ng (~o~ f~ ~e R~ F~ ~a o1' Co~ Co~y ("~ F~ Co~~), ~ ~ ~ ~~ (~~ C~~ (~Ru~ (~t ~,i~id~"). I h~ ~ ~c~ a ~cf c~y ofmy ~= in su~ of ~ ~ ~fi~fion. ~ you ~o~, l ~ kee~ ~~ in thc whole pr~ w~ ~ ~ ~kcn ~ an cffoB W I ho~ I may ~n~uo ~ ~csc cffo~ ~ a mc~b~ of~ ~ ~R~ F~c" ~d ~u~l ff y~ ~ ~y morc intb~fion, p~a~ l~ ~ ~ow. Ve~ ~~, AGENDA ITEM SE? lq 1999 Aug-30-99 04=3gP Philharmonic Can[er 9415976683 P.02 BRADLEY CORNI~LL 556 109ih Avenu~ North Napk~ FI, 34108 (941) 592-7805 F..MPL .OYJv NT Philharmonic Center for the Ar~, Naples, IL; A~fil~ml ]Vlu.i~ IAbraia~ Rc~pom~lo for databa~ ~tion and maint~mac~ u~ing Q&A and A¢c,~; uoiloction ~'on and managem~t~ ~lpe~i~ion ofvoital~e0rs; pzrfonn~ ri~hls societies' rclxl~. 1 ~92-pr~nt. Napl~ Phlih~rmooic Orch~trK Naples, I,L; Trombot~L ]991-preYent. North~ Univer~4ty library, EvamU~ IL; Imcdibr~ry ! ~m Dvpartmcnt, D~~nl Assistant. U 'tfliz~ r~ec~..! ~..argc, in:..house and On-line da. ~b~..~; rn.a~otaincd two ot'thc~c. Bib|iographic x~i:ficat~on p~rlbrmed Re~poo~bi~ for acgount~ payabl~rec~vabl¢. ] 989-19~. EDUCATION Northwestern [.Tniv~r~ity, Evanston, [! ,; Cou~ in ~oa~ law, ~~cn~ ~c~, ~d sutisfi~. 19~1992. ~fi~ ~ ~'c~ 1993. ~C RESPONSm~S Vi~i~K S~, and C~~m c~ ~~ A~ CommL~n; ~t~ A~A I~, Aug-30-g9 04=3gP Philharmonic Center g415g76683 Landnll Site Selection ~iUzens' AdvL, mr)* Oommittee, Collic, r County, 1~_ (ap[x~nu.~/by county commission); Memi~r, developed criteria and ranJ~ conjunction with ep~r~'~ing consultants. /0~5-19~7. The Conservane); Inc. (now, Thc Corugrvanc. y of Soathw~t Florida), Naples, FI.; Southern ¢~olden Gate Estatea (:APL Project Volunleer. Performed computer data entry, otl~r letter cbecldng, and county property ~ds ~ / 992-/ P93. Friends of the FIo~Ja Pnnther Refuge, Naplos, 1'1,; Founding mcmtx-r, Advoca~ Committc~ (,'hair (aftiliated with the Fknida Panther Nafionni W'ddli£~ Rerun). ]997-pr~ent. Save Our Everglades Campaign; Collier County St~ring Cmnmittee mg~nbcr./996. Creativ~ Recycle, tnc. (Commtmity non-pmlit ~nvironngnlal edugation/r~ygling Naplc~, FL; Board member. ! Qunltty Growth CmtdMate Forum, N.aple~t, FI ,; Organizing Committee m.erp.ber../. ¢~4. Collier County C. iti~ens' Committee on Recycling, Naples, Fl.; Chairpcmon for indtT~-ndent c'~izens' group a~:tive in solid waste issue~ locally; o~ and prated onv-day sominar in April.. 1993, on wa~c redaction and rcc3,cltng/n Cnllier Coua~. ]992-/994. Resourte Center, lac., £.3dcago, IL; Voluntcer for thc city's hngest ~on-profit recycling organization; pro-,idcd information to palrons at thc C~:ntt,'r's 250 Ions per month dmp-ol]' facility; stacked and organized roll-o'ff ~. / 99/-/ 992. SEP 1 1999 08/3:1./1-999 15:34 5142695 CCP$/F'PC-DEPT PAGE OFFICE OF THE DIRECTOR FACILITIES PLANNING AND CONSTRUCTION 5704 Couger lane Nill~iel, Florida 34109 (941 } 514-2t7S (941) 514-2598 FAX P,~)b~ MuJbe~ FacsimUc: 643-6968 Director of p~,m.ir,_~ Services Collier County Oovemmem 2~00 North Horseshoe Drive Naples, Florida 34104 RE: Nomimtion to the Rural Lands Oversight Ccrmmittee Dear Mr. Mulhere: Pursuant to your conversation with MicAme2 Kirk, Civil Engineer/Long Range P!snp_er, I am writin~ th~ letigr to nominam Mr. Kirk as Collier County Public School R~ve to ~hc Rural Lam~ Oversight Committee. Please find ~ a copy of his resume for review. It is imperative that we are ~ on this committee in order to propmiy plan and acxltfire futura school sitss. If you need any additioual information or have questions, please contact me immediately at 593-2334. Sincerely, c. lames Simms Michael Kizk Sue Fil~m, Collier Cmmty i' 199) 08/31/1999 15:34 5142695 CCP~tF"PC-DE]:q' P/~iE 02 MICHAEL L. 2728 POUNTAIN ~ CIRCI~ NAPLP.,5, FLORIDA 34109 HOME (~1) ~92-1518 WORK (941) 593-2536 CAREF~ ~ ia ~ ~ Tectmolo~ ~ a ~ pomion in Ar,'-h~,,rnY~ S/~ DeveloFm~ F. agmeeri~ wifl~ a $ite/I.~xi wo~ Cl~ ~/L~ ~ ~, ~ Le~ - l'r~m~: Collier IpInn ~v/cw ~ ~ f-~mbil~ ~udi~; sim ~n,nlmmo~ aad dm,~l~ ¢~lShl~'i~, ami ~ ][~chclom of Sciaz~ in ~ ~ Ti~molo~ (C~u 1983 wi~ Honom ~ of ~ ~ ~ SEP P~. ~/ .... United States Department of the Interior Florkh Pm~r ~ Tm Thoummd ~ N~ Wfldl~ ~ ~860 Tollgs~ Blvd.. Suite ~00 N~ple~, FL 3~11~ August 31, 1999 30 August 1999 Mr. Robert ,L Mulhorc, A/CP Plam~g Services Dimct~ 2800 North Horseshoe Drive Naples, Florida 34 IO~ Pleas~ ~ .tJ~.ie~t~ as my appUcati,?u, for the Rural Agricuitm'M that I have adequa~ ~ons for ,hi, committee. As vice pr~ideat of Collier County Audubon Sooiety, I hav~ be~n involved with i~ues related to growth for several yeats. As Assistant Sanctuary Manager at Cottc~row Swamp S~t~y, I have experience in managing larg~ parcels of land. Sincerely, Andrew J. Ma~..k~ Bnclosures AGENDA ITEM SEP 1 1999 FROM : CORKSCREW PHO~ NO. : 9~13~89155 Au~. 31 1999 il:3SAM P3 ANDREW J. MACKIE 360 Sanctuary Road Naples, Florida 34120 (941) 348-9168 EDUCATION: Over ~O graduaim credit hours in e~ucatlon and biology toward~ Teaching, State Umversity of New York at New Graduate courses in urban wiicUi~, national park policy, wate~owl, wetland and wildlife ecology and manageln~nt, 1991-1992. State University Colle~ of Environmantal Scian~ and Forestry,'Syracuse, New York Bachelor of Science in Biology, May 1989 State University College at Ganaseo, New York STUDENT Tr~CHIlqG EXPER~CE, I~ALL 1995: North Junior High School Kin~ton High School Newburgh, New York King. ton, New York Life ~c~.-nca and Honors Biology C.,arm~, Regents and Honors Biology WORK EXPERIENCE Corkscrew Swamp SancO,m-y (National Audub<m ~), Napl~, ~ 1~ to ~L ~nt ~~ ~~]e for ~e ~~ of ~i~ c~ ~d s~i. C~~r of v~r ~d Na~ist tor ~ edu~l ~ ~~ve ~s at ~e ~~. ~ o~ ~ ~, ~~ New Y~ pm~ ~d ~ ~fion. Co~~ ~ ~ ~~ Audu~ ~), G~ N~ York AGENDA I'1 ~ SEP 1/-t 1999 P'~. ~... ~ : ~ORKSC~W PHO~ NO. : 9~1~W~915-~ P~9. 31 19~9 11:J~M p~ ANDREW J. MACICIE (CONT.) COIV tUNITY EXPERIENCe: Collier County Audttb~ Society, member since 1994. Vice President, 1999~t. Board membe~ at Large, 1998-1999. Naples Chal:~n', Florida Native Plant Society, member since 1994. Vic~ Presider, 1995-1997. Boa~ ~ at large, 1998-prison& Collier l~n~tal Educati~ Consortium, r~z~sen~live since 1994. Chairper~n, Environm~t~ School Awards Committee. 1996-present. Constitution Mar~ S~nctuary Fall 1992, 1993 and Sprin$1993, 1994 Volunteer, assisted in many ~ of sanctuary operation. Woodland Park Zoo, 5esttl~, Washin~on, 1990 Vol~, con~ibut~d to th~ car~ o~ animals ~d int~-act~ with th~ lmblic ~o r~iat~ th~ ~ of tl~ zoo. Participated tn the following pmfesaianal workshops: Project WILD, Aquatic Project WILD, Child Abuse Reporting, Wetland Delineation, Sb'eam Assesament, Freshwater Mollusks, Methods in Teaching, Co~st~! Field EcoJosy, Hudson ~ St~ffic~nt I-I~bitats, Protc, cttn$ the ~ Sprees Act, ~ Education Te~htn~ t~ the Flozida Sunshizte SLate Standard.s, Siratesic Plannin8 and Team Buildi~8, Gra~t Writin$ and Ecotourism in Southwest Florida. St~t~ Univ~sity ColI~ at C,~t~o, N~w York, 1988 and 1989 ~onductsd r~se~rch o~ fh~ ~ of magnetic fields on avian navi~,~tion. T~chniqu~ RtiFERENCES: Will be furnished upon request. AGENDA ITEM SEP 1 199 U NIVERSH OF FLORIDA Institute of Food And Agricultural Sciences 2686 St. Rd. 29 N Fa~ (Otl~ 23 Aug 99 SWFREC~ICON.IMOK.UFLEDU Collie~ County Development Services 2800 Nm'th Holmslme Drive Napleo, Florida Center for the University of Florida located in Immok~iee; I would welcome the opportunity to seru an the Your conMderation in this matter is appreciated. Should you require furth~ information please ctmlm~ me ~ Southwest Florida Research and Education Center, 2686 State Road 29 N., Immokalee, FL 343.,12-gS1S, Sincerely, Pr~eooor ~nd Center AGENDA I'1, SEP 1 ~ 1999 DATE: A~U~ 31. 1999 ~ PAGES FAX ·: 64'3-6~88 FAX TO: PLANNING SERVICES DIRECTOR 2800 NORTH HORSESHOE DRIVE NAPLES FL 34104 ATTN: ROBERT J MULHEBE AICP TEL #: 403.2400 FIEF: 1 ! TECHNICAL WORKING GROUP for the RURAL FRINGE AREA 2) R~AL AGRICULTURAL OVERSIGHT BOARD Deer Mr Mulhere I would tike 'you to review.and I~rese~t nty requeet to join one of the two "committe~" the Count~ ~ in the process of convenmg.~r the eurpo~e of develol~ng a workable and ecee~table solution'to the mol~iems of urban sDrawI, Atl~--hKI i~ a resume, of my eeluceti~, career a~t IN~at For your personal ref~ene~ you may member me a~ the Medi~Kor et the July 27 Town H~II meeting about the June 22n~1Gevemor & Cabtnet'~ alNxoval of the DCA challenge to the County's.Growth Amertdmerrm, with' Commiasior~' MecKie, Bred Comell, Nency Payton end Jim Beever on the podium. I recall you rna~ · ¢o~i~ l~resentatio~ of the Planning Services pesitio~ at that meeting. PRESIDENT. ~' AGENDA ITEM / SEP 1 1999 err~ih eco~:~m web.iCe www~turm ~r. com BRIEF HISTORY AND CV FOR ROGER DYKSTRA Birthdlto December 7th 1947, London, England. Felly'Stat:us Married with 2 children. SUMMARY My career history and'strengths lie in Marketing and SaM (Domestic and Intema~M) ~ ~~ ap~a~ m m~ ~ ~ in ~nll ~s~ and Imr~ ~ad~s. ~n~ 1976 I have ~i~ up an e~si~ k~w~e ~ ~~S and ~e ~liz~on ~ Intl~ end Emeil ~tenfiais. I ha~ a~ d~~ ~~ in M~ 4~ ~1~ Ed~ll Emtours. Through my positions a~ Coach to University and Club Rowing Teams i have achieved skills related to te~m building and extracting maximum physical & mental performance from individuals. In working for ~n .errtr.~'neurlsi, femiJ¥~wmKI company and several global corporations, I am w~dt rounded in recognizing .the sl~engths end weaknesses of small an~l large busiflesae,. This ability to see both sicle~ also slx]lies to my Eu~o-Nozth .Amer~afl Ite~ege w~ich enables me to understand the' differences in doing busina~ with. other countries. Throughout. my career and in coaching Rowing, I have also develol~d great faith in. ~ power of t~ln-bU#~. My loVe of Nature 'was passed on. to. me by my father who, o~ escaping Nazi occul:~l Holland, arrival in England wi~h just the clotttes on his back and his prized po&session ......... a book on 'Birds of the World'. I was also an avid student of-David Attenbo~ough, whose Expedition to tim] the Komodo Dragon in 1960 inr~recI my passion for.learning about the natural world and travel. The company Orchie& ~nS"Egrel~, which.my wife and I slarteek is a corporate member of The Ecotoeri~m ~-i,~v. ~hts im tmporl~A~ for u~ u w~ w~.~i~ ~~m ~ ~ ~o ahem our.~~ s~ ~ pu~'s ~e ~ s~' and I~ a~ ~ ~on~ a~ ~ ~ ~ ~ non- As w~ hive learned .molt about our own Iocll myatlm wi hlv~ tlkml UlD the fight aOliflat urban sl:lfllwl in a resmN~ble emi .bumneselilm manner. This has. been mrougfl latl~ to the editor, SlC~ekillg forums ~ aCl~e i~rticioetion in sale,ed IocM organtmtform. As such, I am presently a member of the Beard of Direc-tozs of the local Chatter of Th~ A~ So~i~, Pr~id~mt of Th~ ~1 of ~ Fak~h~h~e Strait4 StBt~ . Pre.eryc; a Stakeholder.Committee member for The Florida ~ National Wildlife R~ eh4 a su~x~ing member of The Frtem~ of the E,~,~le~, The Ce~e~ncy of SW Florida and The Siena Club. AGENDA"h SEP 1 ,,. CAREER The following Is a Chronologicll listing of my career and education: 996 to Stsrt~l Nature Ecotour ~. ~ ~;~3~tt~ tr~vei ~cy. pre~nt mere ~ I Mket ~d n~ f~ qume. i~mabve tours to ~ E~rgl~e8 ~ Mw the o~nlw to pu~ our. 1~ o[ ~ ~ ~ En~m~t by ~ I~. ~. ~ had h~en~ ~e ~i~ m s~l ~e tm~ ~y. ~ri~ 1996 ~ ~ve~ a ra~e mu~-d~ tOUrl (3-15 dirt) ~ to a ~ ~ geHrd & ep~.l In.tm (~d within, phoney, botany, ~ s~. e~ a~ ~ US a~. In~onal. T~r O~ator~ Agen~, ~ ~s, Non Prom 0r~ona, Univem~ etc. We So~. ~e~ arm for inwr~. ~ ~. ~c~g. Mm,. know~gM~, a~ h~t fe~s a~ other d~ in ordM to ~ovide ~uca~at and in,rasing tours. 1993-96 BougJ'rt a Travel Network f~ iA NMaii4, F'IMM& ~ wls..a, r~, franchir,4 Iocal~on..end I devMol:,ld sales through a combination of Marketing lid Sales strategies. Due in I~rl: to Airtine calf"and direcz Intemet.sal~, it ~a~.tel~ tba~ small indel~ea~m, tra.veLeg~cle& w~ going.~ become e declini~g breed and when In ol:~K~tuni~ arose in April 1996, the agency was ~old, ,d92-93 Contact wu not renewe~ wi~ ~ SeW~i~ grder ~ ~lm. I. year-'s.,sal;~lticel ~ car~ move ~ make. Cho~ ~ ~ ~ ~, Fluids (~e ~ ~d bulk a Wl~ home). ~r ~. q~lky 198B,92 De facto Presktent of Quadetco until April 1991 when CampbMIs appointed a sacomJ Vice Presider)t. to. help co-manage Quadek~o. MMttetml~ ~ then. develope~ at Corlx]e~Te leviL 1988 Developed.the Pr(l~pectul for the sale of the family company, together with · banking colleague ~[ Bank of Amebic& wbic~ le~ to · laU~Jaae~ i~ Fel~ 1.989. b~/Campbell& Soup-Co, Ltd. Learned ibou~ due daigence; aherdmkkH' vMue and confldendlllty egreemmtM. 1986-90 · Joined Fether-in-4.aw'l ~mmarlv, (& Feed. OiitFikUtM~-t,O- mplM¥.more.~ mmtagmsmn~ OOmlXJt~ and intM~ lXl)MiMtCe tO company. Duties were to assist and eximld the Compan~.'l cleveloMnei~ in. Mi. facet&from product m~irr, ing; mmtmdng; same & fini11(~. C~ Gt)lTll:~fl¥ tO full ~ IrKI ~ t'e~ ~ C~ny fTom Gross Salel of $9 IVlMton.in. 1.988 to &1.4 Million-in-1.989. AGENDA ITEM SEP 1999 3 Bank. of :Montreal Reel Estmm Division Sgeciel Project. Worked with Exec. VP Real' ~ and (2) othe~ team rmffnbera fc~ ~he ~ ev~ue~k)u &nd credit risk ~e~m~tt for ~ Edmommt ~ Ill. The Bank was t~e lead financial institution. This was an ex~dng and dynBfflic ~ fo~ the teem due'to ttte uniclue charact~ of the project. Virtua~ creating. Disney World in,~ele a Shopping Mall in Edmonton, Alberta, Canada. Also obtained fir~ band exl~en~tce of the amazing entreflreneurial sl~it of the Ghenflazian Brothers (who .also co- developed Mall.of America). 1980-84 Nee(} hunted by and joined Bank of Montreal, TorontO. A~'dvely nlerkemd aM Ixometed intent~tiond tmni~ng ~ervtcls ;o Fortulte 500 diem; and mljor i~nl~ in USAoCentT8! Divi~on. Work ~ 40% tr~vel 1= U.$.~ 30% credit risk reviews, 20% meetin9 and greebng incoming .bankers and 1096' General AdminiBtratJon of team members. Introduced Relmionship and Regional. Economic study relx~t~ for Senior Bank Executives (develoged from' format deveJota~t et Scot, bank). Wort(ed ¢lo~ed¥ with Bank's Chief Economist. 1979 P~smKI int~nslve banking course on MlftuftJng, Management & Credit Risk As~atter~t from Spenc~ Hill; London, Ontario (under ~lpervisJon of the Dept. of Business S~uclles of the Unive~raty of Western Ontario) 1973-80 Scoti~ Bank intent~ional Divteion, Toronto. F~eign A~un~, ~gn Ex~nge, M~ ~ G~ A~~ (~u~ m~ ~ 6 ~ ~m ~m ~~ and im~~ C~ ~~. ~ F~ T~ ~r r~nsi~' f~ ~~ ~1~'~ Im~ C~ ~ ~~ ~ C~dent ~ {W~ ~ ~s~. Inv~.w~ ~ ~ ~ ~ ~ New ~~ ~ ~ ~a~, CEO e~ o~er Ex~' of ~ ~k in Ca~e and ~in Ov~ Trading ~. 1973 Emigrated tO ~ to join R~flk Of Nova Scotia 1969-73 Australia end. New Ze~m~cl B~nk, ~ondon Engim~ (General Aecounting, Foreign Exchange and Marketing of I~i Servlce~) 1966-69 Midlmd Bank, London England (General Accourmr~.. 1960~5 Oulntifl Grammar School '(H .onours in Geogrel~ty) & Henck:m College London England AGENDA ITEM SEP 1 1999 PERSONAL ACHJEVEMENTS 1984-1972 Numerous wins. in Rowing a~ School arid Club Laved in United Kingdom Made or aw seiac-don for First Eight at Royal Henley Reg~i~ in England 1973-1980 Numerous wins.in rowing at Canadian Provincial and National Choml3ion,hip Level 1976 Coacl~e0 university of To~onto to itl firat O.U.A.A. ChmmDionlhil~ in Varsity Rowing, beating a I~eviousi¥ unassaiiable University of Weatem Orrmrio 1980-1983 k over al Head Coach of the Argo~lut R°win~ ~ aR(:L i]r~lidad. Oll BOill3;I of Directors that in 1980 ,~roduc~l Womens'RoWlng to the Club for the flrlt ~ime in itt hlwtory (E~t. 1672) 1981 Coach~ first Argonaut Womerm Craw to flr~ Idiom at P~o.vincial ChempioN~il~ and 2nd place (to National .S~luad! at Canadian Cham~io~htps. Tltlis w~.the crew'm flret ,ee~oft of Rowing. 198-1 Awarded by Premier Bill Davis of ontario for peraonm4 ~~i~t.to the SI3~rt of Rowing as Coach 1983 Silver Medal in Annual Toronto Downtown Belin~ IntmTmtlonat Toa~'tmaa~.~ Club contem 1993-1991t HaiRed found~ then elecmd President (1983-1995)'. of, the Sash-West Flork~ Rowing AssociatiOn (Nalaias Rowing Club). Directed m'ograms to develo~ a ~ of High Schools and Recreational Rowing acttvities. In lieu of new bLt~inea~ i~el4ntty act a~ ~ ol~ ~ m~. ~ rmeded. In the ~ :3 mrs our High School crews have won same Regional end State rae~. 5 DETAILS O1: EDUCATION. GCE/UK GRADE 1:3 EQUWALENT 1966 m Math ;. Eng!L~ Grammar .; :English Literature; History and-GeograDh¥ {wi~ .Honours) UK INSTITUTE OF.BANKERS 1.g72' EConomics English Law :" Law-relating to NegotJ. oblo. Ir~bdraem~ Bueine~ Fundamentals of A¢¢ourmng Economic (3eograDh¥ CANADIAN INSTITUTE OF f3ANKERS 1978 CommunicatJorJ$ Marketing Business Adm~istration OrgenizetiorJel Behaviour BusineSs Finance ImematJo~fd i3~n~r~ and Finance Carnelian Taxetton Business Strategy SCOTIABANK U~BAN"~NCH MANAGEblBrr. COURSE 19'79 2 week {in resider~e), couree wo~ on atl ael~cte of Managing · city branch of 15 emMeyee~ learning how to merkez and sell e croae' ~e~-"tton of b~ek~e~ and l~onei INmklng aery/cea, Chrougtt. rol~ D/eying ~ actual case studies. BANK OF IdON.TREAL CR. EDIT ASSESSMENT COURSE 1981 2 week intensive residence s~ylo-course to) hone credit a~l loan aaeeaamem sides using actual .bank Ioorm history as casa studieo, DATATEC COURSE 1992. 2 day course on how to run ~ and Sales foretaste od~ Lotuo 1-2-3. ~ja course strawed how to utilize over'.70 differeJlt waFk3hoetS cov~'MO · broad raooo of al312dicatiofla iflclu01ng SlJltogy and product- demaad and sales forecaeiJng, using regression aflet ®~ ~omiats; co~t emalyeta and IMOing; allocation, of: 13rornotionmJ resourco8 AGENDA ITE.~I SEP I !999 8-31-1999 ~:~1~ F'~)H DIS~=~/ASSI~IATES 9~t. 1261 941A P. 1 T~, A~ 31, 1~ ~. P.O. ~~ ~~ ~101-~ Rural Lands Assesement Area Oversight Committee Applicants Paid Owner or Relative Employed by Repreeentatlv of Owner of Land Owner of Land in e, Advocate, In Assessment Aaeeeement Area or Consultant Area (exceeding exceeding one for Owner of one percent of percent (other Land In total aseeament than Government Aaeeeement Committee Applicant Current Employer Profeeeion/Occupation area) A~ilency) Area Florida Fish & Wildife Conservation 1 Beever, Jim (or other appointeeI Commission Biolo~list No No 'No 2 Boggs, Alan Retired Exxon Corp. En~lineer No No No 3 Boggs, Susan No No No Florida Department of 4 Boler, Bruce Ior other appointee;) Environmental Protection Environmental Mana~ler No No No 5 Bothoff, Dick Retired Banker Retired No No No Philamonic Center for the 6 Comell, Bradley Arts , Music Librarian No No No 7 Crews, Floyd SW FL Service & Supply Owner of Business No No No Southwest Florida Reginal Planning Council, Executive 8 Dairy, Wa),ne (or other appointee) Director Communit~ Planner No No No 9 Dykstra, Roger Self-Emplyed Eco-tourism No No No The Conservancy of Southwest Florida, Pres. 10 Guggenheim, David, Ph.D. & CEO President and CEO No No* Ne" Gulf Citrus Growers Executive V. P., General 11 Hamel, Ron Assn. Inc. Mana~ler No No Yes University of Florida _ Insitute of Food & Professor & Center 12 Hanlo~ Dr. Edward A~lriculture (I.F. AS;) .. Director No No No -o rtl oZ> ~ , [ (_c)co Page' Rural Lands Assesement Area v. sight Committee Applicants Paid Owner or Relative Employed by Repreeentativ of Owner of Land Owner of Land in e, Advocate, in Assessment Assessment Area or Consultant Area (exceeding exceeding one for Owner of one percent of percent (other Land in total assesment than Government Assessment Committee Applicant Current Employer Profession/Occupation area) A~lency) Area Realtor, Naples Realty Services, Inc. (representing Naples 13 Harve)', Rodne)' D. Area Board of Realtors) Realtor No No No Big Cypress Preserve (US Park Service, Dept. 14 Hibbard, Wall), of the InteriorI Park Superintendent No No No Naples Area Chamber of 15 Jantsch, Dawn D., CAE Commerce President No No No 1 Johnson, Karen SFWMD Supervisor/Professional No No Collier County Public Civil Engineer, Long 16 Kirk, Michael Schools Range Planner No No No US Dept. of the Interior, Fish and Wildlife Service Florida Panther & Ten Thousand Island National 17 Krakoski, Jim Wildlife Refuges Refuges Manger No No No Corkscrew Swamp Assistant Sanctuary 18 MacKie, Andrew J. Sanctuar~ Manager Business Owner 19 Olesk¥, Ann (Immokalee! Owns Marina No No No Florida Wildlife 20 Pa)ton, Nanc)' Anne Fedderation Field Represnetative No No* No 2~ Polizo~, Anthon)' Department of ^griculture District Conservationist No No No i~° ~n Rid~ fie, Jim Retired (IRS) Manager No No No ~ Sa~t~ , David Farm Bureau A~lency Manager No No No ~.o '~' Page 2 of 3 Rural Lands Assesement Area Oversight Committee Applicants Paid Owner or Relative Employed by Repreeentativ of Owner of Land Owner of Land in e, Advocate, in Assessment Assessment Area or Consultant Area (exceeding exceeding one I'or Owner of one percent of percent (other Land in total assesment than Government Assessment Committee Applicant Current Employer Profession/Occupation area) A~lenc¥) Area 24 Smith, Richard J. Self-employed Attorney No No No 25 Spa~lna, Nino, Ph.D. Self_employed Community Planner No No No SFWMD (Big Cypress Civil Engineer, Exec.. 26 Tears, Clarence Basin) Director No No No Collier County Housing Administrator/Executive 27 Thomas, Fred Authority Director No No No Business Owner Irrigation Computer 28 Tuten, Sonia Ilmmokalee) Technician No No No 29 Wilkine, Wes R. Disney & Associates Architect No No No 30 Williams, Carrie Williams Farms Office Mana~ler No No* No Indivdual to be named by Dept. OF Florida Dept. of 31 A~lriculture A~lriculture N/A No No No * These individuals are employed by an organization that does own land in theRural Assesment Area. The amount of land owned is less than one percent of the total Rural Assessment Area. Legal staff is, at the time of preperation of this Executive Summary, still conversing with legal representative of teh Florida Ethics Commission to determine whether an employee of a land owner in the Assesment Area, regardless of the percentage, may have a conflict of interest. Page EXECUTIVE SUMMARY JOAN NUNNO REPRESENTING NEW HOPE MINISTRIES REQUESTING A WAIVER OF TEMPORARY USE PERMIT FEE FOR SEMI-ANNUAL SALES TO BE HELD THROUGH MARCH 2002 AT 7675 DAVIS BOULEVARD, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests a waiver of the required application fee for Temporary Use Permit. The permits are for semi-annual "treasure sales" to be held on Saturday October 16'h, 1999 and Saturday, March 11, 2000 and twice a year through March 2002, at New Hope Ministries located at 7675 Davis Boulevard. CONSIDERATIONS: New Hope Ministries uses the proceeds of this event to help benefit the less fortunate residents of Collier County, and requests the fee waiver on that basis. The required application fee for a Temporary Use Permit is $75. The Petitioner wishes to waive the permit fee's for this semi-annual event for a total number of six (6) events within a three year period ending March 2002. FISCAL IMPACT: Should this fee waiver be granted, the required $75.00 fee per event, would need to be transferred from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Total amount of funds to be transferred upon Board approval is $450.OO. AGEND~h~ ~'~ SEP 1 ~. 1999 GROVVTH MANAGEMENT IMPACT: A policy decision made by the Board with respect to Temporary Use Permit fee waivers will have no impact on the Collier County Growth Management Plan. RECOMMENDATION: Fee waiver applications may only be approved by the Collier County Board of County Commissioners. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee waiver requests. PREPARED BY: PLANNER I R~'rNALD F. NINO, AI~--P DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP L)ATE PLANNING SERVICES DIRECTOR AP~R,.OVED BY: /~ V~NCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR A G E I~,J~I,T~'~ EXECUTIVE SUMMARY/FEE WAIVER SEP 1 2 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 CURRENT PLANNING August 20, 1999 Mrs. Joan Nunno 1454 Monarch Circle Naples, FL 34116 RE: Petition for Fee Waiver - New Hope Ministries Dear Mrs. Nunno: Please be advised the referenced petition has been scheduled for the Board of County Commissioners meeting of September 14, 1999. The meeting begins at 9:00 AM and is held in the Commission Meeting Room, third floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL 34112. Sincerely, Cheryl L. Soter Planner I cc: file Phone (941) 403-2400 Fax (941) 643-6968 www.co.coHier.fl.us New Hope May 19, 1999 To The County Commissioner: of the $75.00 fee that is required to place a sign in Collier County. We will be holding two treasure sales at the New Hope Child Development Center, located at 7500 Davis Boulevard, Naples, Florida, each year for the next three years. This is the location where the sign will be displayed. These sa]es are to benefit the less fortunate of Collier County. The definite dates planned are as follows: Saturday, October 16, 1999 Saturday, March 11, 2000 We appreciate your consideration of this matter. Respectfully, Associate Pastor DP/md AG E ~,~ I,~1~,~ No, ~ S E P 1 4[ 1999 pg. 7675 Davis Boulevard · Naples, Florida 34104 941.348.0122 · Fax 941.348.01 EXECUTIVE SUMMARY REQUEST FOR REIMBURSEMENT OF ADMINISTRATIVE FEES ASSESSED FOR LOT MOWING SERVICES PERFORMED ON AVALON ESTATES, UNIT 1, BLOCK 5, LOT 4. OBJECTIVE: Mrs. Flora D. Zambrano (a.k.a. Flora Acosta)requests the Board consideration for reimbursement of administrative fees assessed for lot mowing services performed by the County on the property described as Avalon Estates, Unit 1, Block 5, Lot 4. CONSIDERATION: In August 1998 an investigator with the Code Enforcement Department witnessed a violation of the Weed and Litter Ordinance at the above noted property. An attempt to notify the property owner was made in that same month with a certified return receipt letter to the official address of record at Colonial Drive in Naples, Florida. This correspondence was returned to the Department as an undeliverable letter. Additional visits were made to the property during the months of August and September identifying the violation remained. The work was bid out and abated with County funds in October 1998. An invoice was sent to the property owner at the official address of record, which was returned with a note from the post office that the property had moved and left no forwarding address. To date the official address of record remains that on Colonial Drive. The property owner has submitted a letter explaining why they feel the administrative fees should be waived. FISCAL IMPACT: If the Board approves the property owner's request for reimbursement, the funds will be remitted from the Code Enforcement operating budget in the MSTD General Fund (1]1). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff has complied with the notice requirements for good service, therefore, we can not recommend reimbursement of the $200.00 administrative fee. Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: '-~'~')",~d/'~~- ~ DATE: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division AGE ~J;)~ j~ M,,,~ Nc,. ~ SEP 1 4 1999 Pg. / FLORA D. ZAMBRANO P.O. BOX 10906 NAPLES, FL. 34101 MICHELLE EDWARDS ARNOLD DIRECTOR-CODE ENFORCEMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL. 34104 RE: NOTICE OF ASSESSMENT OF LIEN-REF 80807-008 #22623480001 DEAR MS. ARNOLD, I have recently received a letter from stating that your department has placed a lien on my property because the county had contracted someone to mow my lot in Avalon Estates. It is my understanding that your department had tried to contact me at my former address via certified mail on 8114198 to serve notice of violation of Ordinance . 91-47. I had formerly resided at 35 Colonial Dr. Naples, which is where you had sent the sent the certified letter. I had moved from that address as of 711198. I had summitted a change of address at the Post Office so my mail would be forwarded to my Post Office box, but the certified letter that you had sent was never forwarded to my Post Office box. Had I received the letter I would had certainly complied with it. I had moved in with my sister because of financial difficulties, I feel obligated to pay the $45.00 for the mowing services rendered, but could you please waive the $200.00 administrative fee. Thank you very much. Sincerely, Flora D. Zambrano SEP 1 4 1999 1. N_~e lo wn~cn I:~o~ ~um~ef(s) ,s (are) .]ss~nea 2. ~ ~ - :~. ~' ~- 5. Aaare~ rNo.. Strut. C,~. S~ere ~ ZIP ~e. ~o~ ~re~ ~a~e on ~ ~. Te~none No. (11 o1~,~ . ~ '~~/~ '" APPLICA~ PL~SE NO~E: Ex~ul~on ot I~s aDDl~l;on ~mfies ~ur ~r~nl I0 ~y mt~ all ~st~ to ~sl office ~es a~ ~llet 17. S.gna~,~ofappl~,a$1t~3)' "';.c~:-~ ~'~"CI .~ ~ Y ;-~ ~ ~S ~14: TO BE COMPL~ BY ~ST O~E . ~ :~r~ -c:~..~ -' ~ :.~-.,~ ~~-:.,'~ ~4' ~~~,~.:- PS Fo~ 1093. June ,gg3 (PART I) APPUCA~ON FOR POST OFFlCJ lOX OR CALLER SERVICE CUSTOMER: Complete ~s 15 en~ 19. SPECIAL OROERS · ~ 1~1~:~ BE ~;~ BY Ol l,e orgamza~ns :~5:~ are ~l~onz~ '0 · "'- - -.'-;~x~.~~ ~~.~ ~m~nahon may ~ ;Cns~er~ By '.re Postal SO~,CO 'O ~ val~ ev~ence ~Pat ~ssessor s .lu:~onz~ tO ~emove mad from PS Form 1093, Ju~- .ca~ (PART II) APPLICATION FOR POST OFFICE BOX OR CAL ~VICE SEP 1 ~: 1999 EXECUTIVE SUMMARY REQUEST TO FORGIVE LIEN ASSESSED FOR LOT MOWING SERVICES PERFORMED ON LOT 3 OF NAPLES PARK UNIT 1, BLOCK 15. OBJECTIVE: To hear Ms. Maria Tiedemann request for consideration of a lien absolution assessed for lot mowing services performed by the County on the property described as Lot 3 of Naples Park Unit 1, Block 15. CONSIDERATIONS: In July 1998 an Investigator with the Code Enforcement Department witnessed a violation of the Weed and Litter Ordinance at the above noted property. An attempt to notify the property owner was made in that same month with a certified return receipt letter to the official address of record in Naples, Florida. This correspondence was signed for on July 31, 1998. A re-inspection of the property in August revealed the violation was not abated and the job was bid out to a lot- mowing contractor. An invoice for the work completed was sent to the property owner of record in early September 1998. The invoice was returned stamped, not deliverable since the owner left no forwarding address. The invoice was processed for a lien against the property, which was approved by the Board of County Commissioners in February 1999 and recorded by the Clerk on March 16, 1999. The property was sold and Metropolitan Title and Guaranty Company was responsible for completing the title search. An inquiry on outstanding liens and assessments was made to the Collier County Department of Revenue. A response was faxed to the Title Company in the form of an estoppel letter identifying an outstanding drainage assessment, with the solid waste and utilities sections noted as not applicable or stricken through. The response did not include a notation in the area for "other assessments" which the lot mowing liens would be specified. The property was sold and a closing was held on April 1, 1999. At that time the drainage assessment was satisfied, but not the lot mowing assessment. The amount paid for the drainage assessment was in excess of $18.50 and it was at that time the Department of Revenue called the Title Company to advise them of the payment discrepancy and to ask whether the excess could be applied to the lot mowing assessment. Ms. Tiedemann believes that the Title Company should not be held responsible for the lot mowing assessment because it was not identified in the estoppel letter. FISCAL IMPACT: If the Board approves the Title Company's request to forgive the lien, the funds totaling $259.74 will be remitted fi.om the Code Enforcement operating budget in the MSTD General Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The owner received notice of the violation and was given appropriate time to abate. Additionally, the owner should have had knowledge that failure to abate the violation would result into a lien against the property. The lien was recorded in the Official County records prior to the closing for the sale transaction and it is the Title Company's responsible to identify any outstanding assessments against the property. The facts being as such, absolution of the lien would not be recommended. ~Iic~elle'~'~wards Arnold, Director ~., Code Enforcement Del~rtment APPROVED BY: ~/~r//f,,~- //~ DATE: V~c~nt A. Caut~rro, AICP, A~inistrator //r. Community Development & Environmental Services Division SEP 1 4 1999 3un-25-gg 11:01A Metropolitan Tit~g g41 263 g44g P.01 \ iTROPOLITAfJ .Title c r' d G( ar'or' ty CcD /': ;'il..',.~!,ll )/d?Y (.:4' ,'..:l.l'.lll X (~. To: Michelle Arnold Collier County Code Enforcement From: Maria Tiedemann Metropolitan Title Re: Lot mowing Assessment Per our phone conversation, I am writing this letter to presented to the Collier County Commissioners. Collier County has a form, which they request we use to fax information ( enclosed ). This form was faxed on March 29, 1999 and my closing took place on April 1, 1999. As you can see, there was no mentioned on the reply of a $200.00 lot mowing assessment, only the pay-off for the drainage. I am writing to you in hopes that this can be taken offthe property since it was not Metropolitan Title's fault and we should not be penalised. Thank you for your cooperation. VIA FACSIMILE: 3 pages total Reply To: 2/9/(: (-;row'" locke RIvd...St jil~ Cl';(;e (gA I) 49B-288b C~iC:O ((741) 2(:.1-4',56/' N ~(~x ~94 I) x9~070:? ~C~x (9,11) 263 9~4~; SEP ~ ~ 1999 pg. ~ N~~)~ -- , ........ ~m~O; ......... / / Pl~se mail ~ o~ Coun~ C~m~a~t~r ~~[n ~d Utili~ pa~m~ m: 2802. N~h HOucdD{ ~pl~n, I:i. 34104 SEP 1 4 1999 .'~ SEP 1 ~ 1999 Pg. ~~ EXECUTIVE SUMMARY REQUEST FOR REIMBURSEMENT OF ADMINISTRATIVE FEES ASSESSED FOR LOT MOWING SERVICES PERFORMED ON LOT $6 OF MARCO BEACH UNIT 23, BLOCK 591. OBJECTIVE: Mrs. Sheila Tempelmann requests the Board consideration for reimbursement of administrative fees assessed for lot mowing services performed by the County on property described as Marco Beach Unit 23, Block 591, Lot 56. CONSIDERATION: In May 1998 an Investigator with the Code Enforcement Department witnessed a violation of the Weed and Litter Ordinance at the above noted property. An attempt to notify the property owner was made in that same month with a certified return receipt letter to the official address of record in St. Petersburg, Florida. This correspondence was returned unclaimed with a temporary forwarding address in Toronto, Canada. A second attempt to contact the property owner was made with a return receipt notice addressed to the Toronto location. As noted in Mrs. Tempelmann's letter, she accepted this correspondence and as a result, staff felt adequ.ate service was provided. Consequently, all correspondence thenceforth was mailed to the Toronto address rather than the address noted in the Property Appraiser's Office. The property was re-inspected twice in July, both visits showing no evidence that the property had ever been maintained. As a result, work was bid to a lawn contractor who abated the violation on August 5, 1998. An invoice for the work to abate the violation was mailed to the property owner at the Toronto address. The property owner notes in her attached correspondence that none of those notices were forwarded to her. With no response from the property owner, staff processed the lien for Board approval in February 1999. FISCAL IMPACT: If the Board approves the property owner's request for reimbursement, the administrative fee of $200.00 will be remitted from the Code Enforcement operating budget in the MSTD General Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The owner was given notice of the violation and appropriate time to abate. At minimum, the initial administrative fee for abating the violation should be assessed. PREPARED BY: {~~ ~ ' -~ DC DATE: --r Michelle Edwards Arnold, Director ~- DATE: ~~ Vihce~t A. Cautero, AICP, Adminis~ator CommuniW Development & Environmental Se~ices Division SEP 1 4 1999 ,,..._ ~ ~ ~ ~X ~v ~ J 4951 Baeopa Ln. S., ~503 ~ ~x _~/ St. Petersburg, ~ 33715 X~ ~ ~¢~ May 4, 1999 ~. ~eh~~ode Efforcement Director Co~ier Coun~ ~ve~ent 2800 No~h Horseshoe Drive Naples, ~ 34104 Re: Lot 56, Block 591, U~t 23 De~ ~ ~old: As per our telephone conversation, please be advised that I was completely unaware that a Lien in the amount of $249.86 was placed against my property listed above. This first came to my attention when Attorney Christopher Roche from Marco Island, faxed me 23 pages of documents pertaining to the sale of the above referenced lot, which sale is scheduled for May 15, 1999. He included a copy of a Lien and an Estoppel Letter stating the assessment would be paid off at closing. By way of background, I Marco Island (Kevin Brown, of Brown's Homeowner Services) and asked that this matter be taken care of. Although the letter was dated the 12th of June, it was not received by me until much later, and I took immediate action to have the work done. I sent a check to Mr. Brown on July 13, 1998 to cover the cost of the work, and my next bank statement showed that the check was cashed. Therefore, you can imagine my amazement to discover that the county mowed the lawn sometime in August and supposedly sent me notices, etc. about the lot. No further correspondence was ever received by me from the County or anyone else in Marco Island regarding this matter. The problem appears to be that the address used to write to me was not my correct legal address, but a temporary one in Canada where mail is not forwarded on to me. Since I spend the summer in two locations - one in Canada and the other in Massachusetts, I inform the post office by a Chgnge Order for Forwarding Mail to discontinue forwarding to Toronto and instead fOrward my mail to Mass., and then back to my permanent address in Florida, usually in September. Obviously, although I directed no one to treat 33 University Avenue as my permanent address, the records were changed somehow at the Property Appraiser's Office, and mail must have been accepted in Toronto by the Security Guards at the desk of the condo, without our knowledge or consent. I did apprise the Tax Collector's office when I paid my taxes in November ora change in address, but that was from 7984 Sailboat Key Blvd. #401, St. Petersburg to 4951 Bacopa Ln. S., #503 in St. Petersburg. That change of address was acknowledged on my receipt for tax payment. Had either my former AGEN[~, Nc,, ~ SEP 1 1999 address, current address, or even my Mass. address been used for correspondence, I would have immediately looked into the matter and taken any corrective action necessary. I respectfully ask that these administrative costs be reimbursed to me after the closing as I never even received a notice of Lien dated February 9, 1999 to be able to appeal within 30 days. I feel I have been a victim of circumstances because my address was erroneously changed to Toronto, Canada, without my authorization. My phone number in Toronto is AC 416 - 364-9949, and any mail sent to my St. Petersburg address should be forwarded to me there and then on to 2 Lazy Lane, Harwich Ma. 02645 (Tel: AC 508 - 432-4449) until I return to Florida. Thank you for your help. Sincerely, Sheila Tempelmann SEP 1 4 1999 ,.3 EXECUTIVE SUMMARY A TOURISM AGREEMENT FOR DAVID SHEALY FOR A SCIENTIFIC AND MEDIA EXPEDITION TO STUDY SKUNK APES. OBJECTIVE:To approve TDC funding of $44,000 for a scientific and media expedition to study skunk apes. CONSIDERATION: On August 30, 1999, the Tourist Development Council reviewed an application for Category "B" Special Events and Advertising projects from David Shealy. Mr. Shealy requested $44,000 for a scientific and media expedition to study skunk apes. The expedition and study will begin October 1999. The TDC recommended funding the full amount requested by a vote 5-1. Total available funds for projects in this category at the time of the meeting were $2,053,600. The County Attorney has reviewed this agreement and authorized submittal to the Board of County Commissioners. FISCAL IMPACT: Funds are available from the Tourist Development Tax Fund. A budget amendment will be required to allocate funds to each project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners consider the above referenced agreement for TDC funding and if approved, authorize the Chairwoman to sign the 1999 standard agreement for the listed activity. PREPARED BY:- ..... '(~/ ii. i "_ ~,L{~_-4~,~~ DATE: ' Jane E. Eichhorn, TDC Coordinator Ho su-gng and Urban Improvement REVIEWB¥: /~"~~~..,~..~ DATE: 7'~' 7~ -Grig ~¢'~lic, HUI Directo~ ~e[~.-da~t~ro, ~ICP ~dminis~ator Communi? Development & Environmental Se~ices SEP 1 A 1999 2.342.7748225 COUNTY ~TTORNE'¥' 586 P02/'08 SEP 83 ' 99 15: ¢5 19~ TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND DAVID S~ALY REGARDING PROMOTION AND ADVERTISING OF THE EVERGLADES THIS AGREEMENT, is made and enter~ into this __. day of ..... ,1999, by and betwe, en David She, aly, he, re, inafler r~ferred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adop~t a Tourist D~,elopmeat Plan (herei~r referred to as "Plan") funde~i by proceeds from the Tourist D~velopment Tax; and WHEREAS, the Plan provides ~at c, enain of the rew~nues ge~-rat~ by the Tourist Development Tax are to be allocal~-d for the promotion and advertising of Collier County nationally and internationally and for the promotion and advert/s/nS of activities or events intended to bring tourists to Collier County; and -,.~'"- WH]/REA$, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist D~'elopment Tax funds for the promotion and advertising of Collier CounW nationally and/nternat/on~l~y; and ~~S, the COUNTY de~ires to fund tho proposal activities pum~t to th/s Agreement. NOW, TH RF_ OR , i ASED UPON MUTUAL COVENANTS AND PREMISES PROVIDED H~REIN, AND OTHER VALUABL]~ CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORg~: In acoord/m~ with the Budget attached as Exhibit "A," the GRANTEE shall prov/de two exp~litions into the Everglades to gain mom conclusive evid~ce or,he skunka~'s existalce and provide media coverage as well as promotion and advertising of ~' Collier County. The date(s) of the ew~nt or activity and the key part/oipants may not be ch~g~ without an amendment to this Agret~ent as provided in Section 18. 2. ~: The amount ~ b~ pa/d under this Agreement shall be Forty-four T~ousand and No/100 Dollars (:g44,000.00). The GRANTEi~ shall be paid in accordance with -- fiscal procodures of fl~e County for expenditures incurred for tho activitie~ and related expenses as de. scr/b~ in Sect/on 1 upon submittal of an in¥oic~ and upon verification that the services described in the invoice are completed or that goods have been received. ^~ SEP i 4 1999 19417740225 COUNTY ATTORNEY 586 F~3."08 SEP 93 '99 GRANTEB shall determine that the goods and services have been properly provided, and shall submit invoices to thc County Administrator or Ms d~ignee. The County Administrator or his designee shall determine thai the invoice payments are authorized and the goods or services covered by such invoice have bccn provided or performed in accordance with such author/Tation. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such eXlXX~tum is made in a~cordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof md stroll be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the me, es invoiced. GRANTEE sh$11 certify in writing that all subeontractm's and vendors have been paid for work ar, d materials from previous payment~ received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until thc Clerk of the Board of County Commissioners pre-audits payment invoice8 in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total mount for various line items ~nd up to the maximum mount budgeted purauant to the Attached "Exhibit A." The amotmts applicable to the various line items of Exhibit "A." subject to the maximum total mount, may be increased or decreased by up to tm percent (10%) at the discretion of GRANTEE;. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his d~signoe. 3. ELIGIB_LE EXP__~IDITURES Only eligible expenditures described in Section will 1~ paid by COUNTY, Any expenditur,s paid by COUNTY which are later de~m~xl to be ineligible expenditures shall be r~aid to COLrNTY within 30 days of COUNTY's written request m retasy said funds. COUNTY may request r~payment of funds for a period of up to one year after termination ofthls Agr~nent or any extension or renewal thereof. 4. IN,SI. II?~.I~[~: GRANTEE is requked to submit ~ Certificate of Insurance mmaing Collier County, and its Board of County Commissioners and the Tourist Development Council ss addil/onally insured. Tho certificate must be valid for the duration of this Agreement; and be issued by a company licensed in the State of Florida, and provide General Liability Insurartcc for no loss than th, following mounts: BODILY INJURY' LIABILITY $300,000 e~h claim per person SEP 1 1 1999 Rece[ved: 9/ 3~99; 3:lOPM; 19,4.17740225 => Ho1; ~4 19417740225 COLIHTY RTTORNEY 5t~E, P0,4/08 SEP 03 "E~ 15:86 PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPEI~ISATION AND EMPLOYER'S LLA~ILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agt~-ment by the COUNTY, The GRANTEE shaU not commence activities which arc to be funded purmmn% to thim Agr~ment until the C.~rtificaie of Insurance has been received by the COUNTY. 5. MONTHLY ]~.EPORTS: GRANTEE shall provide to County monthly r~ports on thc duties performed and service provided by GRANTEE, its vu,~ndors or subc, ontr~tors, pursuant to this Agreement. Thc report shall identify the amount spent durinl~ the preceding 30 days and the duties performed, and the servi~s provided and goods d~liv~ed during said period. GRANTEE shall take reasonable mcastlr~ to a~ur~ the continued satisfactory performance of all vendors and stlbcontractcrrs. 6. CHOICE OF VI~_NDORS. AND FAIR D_EAI.IAI~: GRANTEE may select vendors or subcontractors to provide servicea as described in Section l. COUNTY shall not be resl~nsiblc for paying vendor~ and shall not be involved in the selection of subcontractors or vendon. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but uot limited to, similar or related employees, agents, officers, directors an~or shareholdcl-~. COUNTY may, in its discretion, object to the reasonableness of expendittlr~s arid reqtlire repayment if invoices have b~m paid under this A~ent for unreachable expenditures. The r~asonableness of thc expenditures shall be based on industry standards. 7. _.IHD~ICATION: The GRANTEE shall hold harmle, m and def~-~d COUNTY, and its agents and employes, from any and all suits and actions including attorney's fees and all costs of litigation and jtutgm~t~ of any llame alld description arising out of or incidental to thc pertormancc of ~ Agnmment or work p~rform~d thereunder, This provision shall alf~o pertain to any clsims brought against the COUNTY by any employee of the named GRANTEE, any sllbcontractor, or anyone dir~tly or indirectly ~mployed or authorized to p~d'orm work by any of them. The GRA.N'I'EE's obligation under this provision shall not b~ limited in any way by thc agrc~ upon Agreement pricc a~ shown in this Agreement or the AGEEN GRANTEE's limit of, or lack: of, sufficient insuranc~ pmteclion. I ,o. ~ , SEP 1 4 1999 194t774022~ COUNTY' t~TTORNEY 5[Y6 P~5/OB SEP 0~ '_~99 $. ~: All notices f~om the COUNTY to the GI?J~NTEE shall be in writing and de~'aed duly served if mailed by registered or ce~dfied mail to the GRANTEE at th~ f'ollowklg address: David She~y Post Office Box 1 Ochopee, Florida 34141 All notices from the GRAN~E to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above rn~ling address at any time upon giving the other part~' written notification pursuan! to this Section. 9. HO PARTNERgIqIP: Noth/ng herein colltalned shall be cor~trued a~ creating a partnership between the COUNTY and thc GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10, TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COLYNTY terminates this Agrement, the COUN'I~ will pay thc GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the etTcctive date of the termination so long as such oxpenscs are oligible. Provided, however, or if GRANTI~I/! fails " to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promolion and advertis/ng of the everit or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUN"rING: GRANTEE is required to main~in complete and accurate accourltiilg records and keop tourism funds tn a separate checking account. All revenue 4 SE? t I 1999 194i?740225 COUNTY ATTORNEY ~ F~6./00 SEP 03 '99 15:08 related to thc Agreement slx>eld be recorded, and all exp~ditures must be incurred withiu the term of this Agreement. 12, AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work: performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, until the expiration of three (3) years a_qer final payment under this Agreement, have access to, and the fight to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF AS$IGNM'BIqT: GRANTEE shall not assign, convey, or tr~sfer in whole or in part its interest in this Agreement without tho prior written consent of the COUNTY. 14. I~I~M: This Agreq~nent shall become effective on September 14, 1999 and shall remain effective for one year. The GRANTEE shall requcst an extens/on of this term in writing at least thirty (30) days prior to tho expiration of this Agreement., and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not us~ by GRANTEE during the t~ii of this Agreement and any extension thereto shall be available for futttre applicants. 15. A__VAILAIIlL1TY OF FIJN~S: This Agreenlent is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM __IMPACT: GRANTEE shall monitor and evalua- ate the tourism impact of GRANTEE's activities, explaining how the toarism impact was evaluat~xl and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. OR.AblTEE shall also monitor ired evaluate the event ideaatif3rin8 the success of the event, explaining how the success and quality were evaluated, report ovendl attendance including resickmt/non-r~ident attendmco and how attendance inform~on was ascertained. GRANTEE sh~!l provide a writt~ report to the County Administrator or his designc~ within sixty (60) days ofth~ date of the event. 17. REQU~. F.I~NOTATION: All pmmotiomd liter~axm and m~lia advertising must promin,ntly li~ Collier County ~ one of th, I~pormor,. $[P141999 Received: 9/ 3,99~ 3:!,zpM; 19417740225 => Hui; n7 29427748225 COUNTY RTTORNEY 506 POT,,-'OtP, SEP 8,.3 "99 i5:88 15, AMENDMENTS: This Agreement may only be amc"~ded by mutual agreement of thc parties and after r~commendat~n by the Tourist Development Council, IN WITNESS WHEREOF, the GRANTEE and COUNTY have each resp~tively, by an authorized person or agar, hereunder set their hands and s~ntls on the dar~ and y~ar first above ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:, PAMELA S. MAC' KIE, Chairwoman WITNESSES: GRANTF~ DAVID SHEALY (1). Pr~t~'ped Name (2). By: David Sheal_v Approved as to form and legal sufficiency Heidi F. Amhton Assistant County Attorn~ h:\hf~Xalc\1999 D~vid Sl~ly Slmag Ape i I ! SEP 141999 .......... - __7 Rece.].vec: 9/ 3/99; 3:;7PM; 1@4177402~5 => 19419940225 COUNTY ATTORNEY 506 P08×08 SEP 03 ' 99 15: 09 EXHIBIT "A" DAVID S~ALY BUDGET Scientific expedition October 15, 1999 F.,nding October 22, 1999 (Outfittins Expedition) t 0,000 M~lia ~tion July 14, 2000 l~d.inS July 21, 2000 (Outfitting Expe~tion) Pubhc Speaking Media I~erviews Personal Appearances 15,000 Organizatioll of Scientific & Media Exp~tions (September 2, 1999 through September 2, 2000) 9,000 Tcrr,~a, ~ h:h~Ti3~J'Ex. A B~l~P9 f~ of SW FL. C"oHicr County Tourist Dc~'elopmcnt Counci! I'alel~or,x 13-2 Local Projecls and/or Which Promote Tourisn~ Adntinistrator C:o{ii~r ('oumy Touris~ Dcvelopn'~c'u ttousin$ and Urban lmpr~'crnem 28~ North ]lorseshoc Dnvc Naplca, Florida F4104 David Sheal, ~ ............................................ ..... *.-9,-.~0x.~ ~ ....................................................... _.~hopee r~. t ..... · ................ ~verglade~ Skunk Ape E~ert .~vtd shea: x ...... 1~1~._{~-~2!~ ........................................ , ~4~ooo network n t~only I internat~onatM: TeleVl~ion,~adto,an~ SEP 1 4 1999 ~8/0~/1~99 10:56 94i-6~5-2275 T~AIL iAKES C~PGRND PAGE ..... 0~. ~c~l..~lJ ~9 I ~ like t~!ea!ln ~pe~itton o~ 8cienti. st .. a~..~.F~k_~!! .t~_~in more con~l~.~ivs ~vlt~nce...oJ.....~ Skunkapes ' '~xsistence. On ~ul~ 14~2000 I would like ~0 put together another e~dtti°n' i~ re~zters and ~o~rnalts¥-b°th nationaly I inter.- ........... ~ ~ u ~u~ ~ L O. ~o~!fe ,~ol!ier Count~, 2000 // I ask'(~at t4" supply~e with (800) ehone n~mber, m~nned 24 Hrs. .... 9~.arance, ~echeS~Z~~iog the people to call t~ts ~umber for ~dditio:til 'in~m~tion a~'~"aloo ~-o make in the ' ', ~ested. ,, / ............ ..gs~.~ll ~l~h_~x..e!~=ten°e in~ ~n~le6ge Collier County o~.~lit~.~.~ ~~ ~roaote the arei then '~Omeone v~o is e~_~be..~ver[ll~ea, Knovs ~he &re~, the people , SEP 1 I 1999 ~8/~/i999 i~:5~ 94i-695-2275 TRAIL LAKES C~PGRND PAGE I~l~lOl~$1rat~. yo~r o litllt/'3.~lO~ ~ abthty tO ~n~rale s~[)o;'l fron~ ' " fimds l~clude in-ki' d se~'icea aa well a~ other funding sou~'ccs: Apl heathens must b~ accompa~;l~ by Ibc tolloxn .) lnco~oration d, :uments · h) Far non-profit c gmfizatiotl, verificatmn c) Last fiscal year In~cial statements d) 'rime line forth event e) For request oCS :S,~O or less: cxpenditun inlt~eguidel~nes. ;i) Pn)vide ma ~elingpl;ms~ti~,in~ how; ..... 0 l"or reqt~ests gte ter th~ $25,~ i~ ~und~ may .e used only fi~r udvenisin~ a~ pTomoting ~i) Pro~fide an v~all~udge~ for the ~vent iit)Piovlde a d la~lcd m~kcling p[~ including l~.e media lq l,~ u~ed :,, pnm~,,Ic ~x'e,~, f.'cqt, advcninem ~t~, r&son media to be g~ed x~'a~ seivc~:d, ~;d promotion. I h;txc read d~c %mrism ~ mi Program guidehnes and criteria I SEP 1 4:1999 TRAIL LAKES C~PGRND PAGE I. Scientif~ ~xpe~ition Oct.l$,lggg ending Oct. 22,1gg~ ~x~edition 10,000 2. ~ed~& ~ltion ~uly14,2000 ending ~uiy 21, 2000 O~t2itti expi4ition 10,000 1.1tedl& 4. Otg~n&z&l on of 8cSentif~ & Hed~& ~xpedet~onl Septembe; 2,199~ through lip~.~,2000 ~,000 10,000 10,000 15,000 4~00 SEP 1 ,~ 1999 ~8"fl4,'1999 !0:SE, Sd1-~95-2275 TRAIL LAKES CMP6RND F~:~E' 05 documentation. ~ ~lv~ bean c,m~acte~ ~d ~ave ~iceived req~eat$ for inte~ie~s ~ro~ eve~7 m&~,~r, ~ell-recognizea b~oa~clat network. (i?h'eri a~e ~in¥ eddi':tona~ lnte~viiw! ~d legmenta that wire prev~ou'sly produced i~d ~re ~t~l receiving o~ thmsa ntervia~s and aegme~s &Ir without my knawledge - eLred "&~ .er the ~act". I m&~e a ~lcozd o~ them when I am contecte~ bV interested l£ate~eza and rea~e~s, whichever tbs case may be. Tampa, F 1-B00-34~, Xnaide irish Sc~t ~&p. ,~rt e~gment 1-~1~-~37.3399 ~ Mysteries ~at~ick T,~le~e segment Fgx ,rk ln~ervie~ 4 so,state ievnenCe WFTS ~h mil 28 wSVN ~ multiple sogmen~m / · alk So~ p/~ Channel-Syndica~e~ Cable segment Deco Dr S.Z. F1,,rid& Florida S~orts~an ~aga~ino article R~-Ac~ lagaStne article Hlghwm) 41 ~agazine irticle "w" ~o~n's Magazine AGE EP 1 1999 Page St. Pater ~=q Tlmem Jeanne Malgrem 2 articles tver~lade Echo article lrt~o~em- ~ngoing ?he Keyve ,er arc,cie Nat£ona~w :aminer Jenn~e~ Stuns artiste $~01N. Broken Sound Road Sun Pape~ Bells Ce~te: ar%le~e 1-800-749-7733 X 10?0 feetiva~ at oaa~a a~rport Weekl~ Mc Ld News S~aan chmppell art~cxe 6~0 East ~eet Ave, Lantanm, b 33464-0002 1-S61-$40-~00~ ~ew Time~ Steve ~&~ .erwhite article 2~00 Bis( yme Blvd. Miami, FI 33137 1.305-571-7S83 Tampa Ne, Oon Germ, :e i~ti¢~e Atlanta P~ nst~tut~on , Florida COrreapon~ent Orianao ], ntine~ Journals have l'ncludea ln~ormation oh mM bigfoot reeearel~ ~age Th=ac WWBL S~0AM T~d, New York Chancell~ S=oadc~at Network J ~ hour ~hiladel~ ~ia, ~A B~C in~e~view Auat~alia: Ne~wo~k W~L~ Tawaa, MI 9/~0/97 X~ve ~ntecv~ew BBC ~colm B raban~ 2/~ gngl&nd , / M~am~, Cc :respondent lntetvSew ]1. AF~ BelL[~how Ar~ Bel~~ ] NationalS: "ynSlca~e~ s~ow wi~h 3mill~on + listnership 1-g4~-¢g~. 21o0 i o~hez ~matu~e me~menc6 ~n~e~v~ewl ex~en~io~ 305 MAke, Pfc Lucer mkunk ape ~=omc 101.g G~r Country multiplm Ft. Myer. FL ,.,me.nt. , intarviewm ~ VJj~how ~o-y m., ~roauce~ lOOK Wl~t FM Additio~l, Areal/Stltionll SEP 1 4 1999 { ~dd~lo~ Xreat/Stat~onel ~ey ~el fL O~a~o, [~ / , JUL-Be-II e?ll4 PLOYD & ~ONN~ LILLY 94~ &42 e6~e p.! ~a~e Fo, resei )cumentatior has been included on. many o~ thcs4 sites, others vho have not yet added ~he lflfor~&~on on are cross i and linking tc web sites that HAVE $ncluded the current f An u;~ated lint of e/te~ i$ forthcoming. http:~ ~nlolved. c~/ikun~pe, html http= ,orq/b~/gdb/cnt~/r~/co/f1_c8001, { 'Smith i Sulan bu~lingame, authors Of h~pl / .~aPleOne~o.com/t~l~/local/d42C 1 gsa.btm 501-848. 415-l~4-433g Robert BtgfOOt ~ IlelrC~e~ ~nte~vLe~ %ndependm ~t ~eporCer ~ob Xrchaeolob~l~ multiple 305-12S. sade C~un~y Historical Soc. P.E.T.&. animal rilhts/pro~ec~lon soc. ~nte~vie~ Richard n~ell ~ecretary, Society o~ CryptozO~lOgy S20-~ ~ 2n~ependett Skunk Ape Documentatio~ P.O. L0?0 ~nterv~e~ Andreas lath P. roductionl/F lm, Telev~sion & Video Production 2100 S.: ~ellr. ont - Hails ~O' Box 9~03 ~4tive Port ia est ions gelen Hen hav ' '~ff-AniSal Xvs 9~ Blreh ~1, P.O. ~x 171 K tdlon .~.. ~pl~~.q, ne EXECUTIVE ?~UMMARY REFUND OF ROAD IMPACT FEES TO NAPLES COMMUNITY HOSPITAL OBJECTIVE: To have the Board of County Commissioners approve a refund of road impact fees charged on building permits for construction of buildings belonging to Naples Community Hospital. CONSIDERATIONS: On February 11, 1999, the Building Review and Permitting Department received a request from attorneys representing Naples Community Hospital for a refund of road impact fees paid on the building permits (listed below). This request was made under the premise that Naples Community Hospital is a not-for-profit medical corporation qualifying under IRS Code Section 501(c)(3). 1. Permit 92-017506 $ 76~732.00 2. Permit 94-012791 $106.233.00 3. Permit 95-007443 $112~778.00 4. Permit96-014593 $ 5~981.00 5. Permit 97-120447 $ 8~403.78 6. Permit 98-070272 $ 35~003.28 7. Permit 98-050691 $ 68~782.12 Total: $ 413~913.18 , Ordinance 92-99 provides an exemption from the payment of road impact fees for construction of new medical facilities or expansions of existing medical facilities by not-for-profit corporations qualifying under IRS Code Section 501(e)(3). The ordinance was in effect at the time the permits for items 2 through 7 in the above table were issued. Naples Community Hospital is requesting the refund at this time because the builder was not aware of the exemption at the time of permit application. The request was forwarded to the County Attorney's Office for consideration. Assistant County Attorney Heidi Ashton's opinion, in essence, states: · Ordinance 92-99 does provide an exemption from the payment of road impact fees for construction of new medical facilities or expansions to existing medical facilities by not-for-profit corporations qualifying under IRS Code Section 501(c)(3); · That it is the owner or his representative's responsibility to assert an exemption of impact fees at time of permit application and to provide proof that the building permit issued is for a not-for-profit corporation qualified under IRS Code Section 501(c)(3); · If the owner believes the impact fees were paid in error, then the Board of County Commissioners must make the determination to grant the ex(~~--- SEP i 4 1999 years after payment of the impact fee and receip* of the building permit. However, the Board is not required to grant the exemption years after payment of the impact fee and receipt of the building permit; · Section 2.04(0 of Ordinance 92-22 provides that road impact fees collected pursuant to this ordinance may be returned to the then current owner of the property on behalf of which such fees were paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the sixth anniversary date upon which such fees were paid. The impact fees paid under Permit #92-017506 were paid prior to the adoption of Ordinance 92-22 which provides the exemption of payment of road impact fees; hence, they are ineligible for refund. It is the County Attorney's opinion that those fees paid under Permit 94-012791, 95-007443, and 96-014593, (based on documentation provided by the Clerk's Finance Department) have been expended and are ineligible for refund; and that those fees paid under Permit 97-120447, 98-070272, and 98-050691 have not yet been expended and the Board could consider a refund of those fees. For the builder to have asserted an eXemption of impact fees at the time of permit application would have required detailed knowledge of Ordinance 92-99, which is not typical in the building industry community. There is no procedure or practice currently in place in the Building and Permitting Department to make. applicants aware of this exemption. Staff is taking steps to improve procedures to avoid this type of occurrence in the future. FISCAL IMPACT: A refund of impact fees paid under the three permits dated in 1997 and 1998, totaling $112,189.18, would result in decreases in fund balance for FY O0 in the Road Impact Fee District 1 Fund (331) of $103,785.40 and in the Road Impact Fee District 4 Fund (336) of $8,403.78. Budget amendments would be required to transfer funds in the amounts indicated above from impact fee reserves. GROWTH MANAGEMENT IMPACT: None. However, the decrease in funds available in the Road Impact Fee District I and 4 Funds (331 & 336) will cause a reduction in funds available for construction of roads in Collier County. RECOMMENDATION: That the Board of County Commissioners approve the refund of $112,189.18 in road impact fees to Naples Community Hospital provided they show proof of their not-for-profit status under IRS Code Section 501(c)(3)./ ~) ~ . ././f Community Development and Environmental Services Division SEP i 4 1999 REVIEWED BY. 3.~'~'~ ~~V DATE: 0~0~,-- EdWard'S. Per~co,'~irector- ~ ~ Bufldi~e~ew and Pe~i~in~~ ~~D BY: DATE: Ed Dire~o~Z Transpo~ation Se~ lepa~ment DaSd C. Weige], Coun~ey Communi~ Development and Enhronmental Se~ces Dihsion j~,c~~'''~ CRAIC R. WOODWARD' A~ORN EYS-AT-LAW J. CII~0PtlER LOMB~O S~VEN V. BLOU~ JO,N A. ~a POULOS-~EM~ PAUL L. BURT L. OF COUNSEL "Board Ce~ified Real Febma~ 11, 1999 Estate A~orney "Board Ce~ified Ci~, Coun~ and Local Government A~orney "'" Also admi~ed in Jo~ie Gebhmdt, Supe~isor Indiana and Geo~ia Building Renew and Pe~i~Mg .. .... ~lso admined in 2800 N Horseshoe Drive. Pennsylvania Naples, Flohda 34104 De~ Jo~ie: Thank you very much for your courtesy in meeting with me to discuss issues associated with road impact fees paid by the NCH Healthcare System. After meeting with you, I met with various NCH Healthcare construction representatives and have determined thatthe projects permitted and constructed after January 1, 1993, along with road impact fees paid, include the following: 1. Permit #92-17506 $ 76,732.00 2. Permit #94-12791 $106,233.00 3. Permit #95-7443 $112,778.00 4. Permit #96-14593 $ 5,981.00 5. Permit #97-120447 $ .8,-402,-7-8. ff~~'') ~' 6. Permit #98-070-272 $ 35,003.01~.-?$ 7. Permit #98-050691 $ 68,782.12 Total Amount of road impact fees paid: $413,911.90 It appears that the NCH Healthcare Syst. em was entitled to a waiver of road impact fees pursuant to the Road Impact Fee Ordinance in place since January 1, 1993. The NCH Healthcare System respectfully requests a full refund of all of those road impact fees noted above. No ~ ------ SEP 1 4 1999 Please Respond to: Pelican Bay Pg' ~'-'-' Pelican Bay 801 Laurel Oak Dr., Suite 710, Naples, FL 34108 (941) 566-3131 Fax (941) 566-3161 Marco Island 606 Bald Eagle Dr., Suite 500, P.O. Box 1, Marco Island, FL 34146 (941) 394-5161 Fax (941) 642-6402 Johnnie Gebhardt Febmary 11, 1999 Page 2 I will be pleased to meet with County representatives to discuss this issue in greater detail if deemed necessary. Sincerely, WO~.~)WARD, P~_.§ & LOMBARDO, P.A. Burr L. Saunders BLS:slw SEP 1 4 1999 Pg. ~ EXECUTIVE SUMMARY EVALUATION OF CURRENT IMMOKALEE ROAD SIX LANE IMPROVEMENT PROJECT DRAINAGE AND SIDEWALK DESIGN; PROJECT NO. 69101; CIE NO. 08 OBJECTIVE: To report on the results of an evaluation initiated to address concerns associated with the current Immokalee Road Six Lane Improvement Project drainage and sidewalk design, and to receive the Board of County Commissioners' approval to proceed with the design. DESCRIPTION: Immokalee Road is planned for expansion to six lanes from 1-75 to C.R. 951. The design is 100% complete. Construction of the first four- (4) lanes, assuming no further design changes are to be incorporated, is expected to begin in March 2000. The current design places a six- (6) foot sidewalk on the south side of the expanded Immokalee Road adjacent to the curb with the water management swale on the north side along the canal. This design is shown on Attachment 1. In February 1999, staff was made aware that concerns with this design existed related to the safety of school age children utilizing the sidewalk to access the Laurel Oak Elementary School and Gulf Coast High School. As with any design, the degree of safety that can be incorporated can exceed the acceptable level. Staff directed the design professional, Hole, Montes, and Associates (HMA) to evaluate the current design to ensure adequacy for this particular application. HMA has evaluated the design and concluded that the current design meets all design standards including the Florida Department of Transportation, and the American Association of State Highway and Transportation Officials standards. HMA has developed seven (7) alternatives beyond the acceptable level and the costs associated with each are summarized on Attacbanent No.2. Copies of the entire evaluation are available from Public Works Engineering and can be provided to Commissioners upon their request. It is important to note that the costs presented in this evaluation do not reflect the direct or the indirect consequences to Collier County of further delaying this important project. One of the alternatives addressed relocating the stormwater retention swale to the south side of the roadway with a five-foot (5') sidewalk located south of the swale and adjacent to the property line. This alternative is shown on Attachment 3. The additional construction cost associated with this alternative is estimated at $2,300,000. It is also estimated that an additional eight months would be required to re-design the project. Although this re-design alternative would result in an added degree of safety for the sidewalk, it is our opinion it would not result in the most cost-effective alternative. .,....., We have also worked with property owners to impress upon them the be~ :fit~ ~,~l~J~ ~ate{ sidewalk. PWED and Real Property contacted all the property owners in an etf~.rt to establish ~hei: willingness to convey an additional easement for the sidewalk along the ;outh side of the roadway On August 6, 1999, the Real Property Department mailed thirty-twa (32)~c~,~t~r~][~ed b~ Executive Summary Immokalee Road. Project 69101, CIE #8 S/A No. 8 Page No. 2 telephone contacts to the property owners. To date, we have received twenty-four (24) "no's" and seven (7) "yes's". One owner declined to respond. On August 27, 1999, staff obtained the Order of Taking for all the current parcels identified as necessary for the construction. The Order of Taking allows us to proceed with construction activities while we work out compensation issues with the property owners. In light of the fact that we have verified we are providing an adequate design, and that we have ensured that adjacent (south side) property owner's have been made aware of our plans specific to the sidewalk, it is our recommendation to move forward with this project as currently designed. It is our intent to move the sidewalk away from the curb when this is made possible by topography and sidewalk easement acquisitions. In those cases where sidewalk easements are granted, the sidewalk will be approximately five feet behind the curb. Otherwise, the sidewalk will be six feet in width and be immediately adjacent to the curb as currently designed. Therefore, it is likely that the sidewalk will have a serpentine appearance. -' CFISCAL IMPACT: There is additional fiscal impact associated with this recommendation do to 'X our efforts to acquire sidewalk easements. Once these easements and associated cost are identified, they will be submitted to the Board of County Commissioners for approval. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 08 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to proceed with this project as currently designed. SUBMITTED BY: ~' Micah K. M~tg'saquoi, P.E., PMP ~ject Manager, Public Works Engineering Depa~ment ~VIEWED BY: ~_ ~~~~ Date: ~ Jeff~ibby, P.E./ ~c W&k~ E~npe~ Director ~VIEWED BY: '~ '~~ Date: TranSp~tion Se~ices Director APPROVED BY: Date: Ed Ilsc~er, Public Works Administrator TYPICAL SECTION TYPICAL SECTION 45 MPt-I D[:-SIGN AND POSTED SPFED Attaehaent lto. 2 July 6, 1999 89.99X IMMOKALEE ROAD PHASE II ~-- COLLIER COUNTY PROJECT NO. 69101 SIDEWALK/TREATMENT SWALE ALTERNATIVE EVALUATION SUMMARY Estimated Alternative Description Additional Evaluation of Least Cost Sub Alternatives Construction Cost A4 Construct barrier wall and 5'- Railing per FDOT Index 710 presents a sight barrier between 4" sidewalk with pedesladan $1,467,000.00 cars and pedestrians for a 45 MPH stopping sight distance. rail on barrier wall; on Permitting with SFWMD would require changes to the embankment without gravity apphcation. Redesign would require 3 - 4 months to complete. wall. B-1 Mark pavement for 11' east The bike lane increases separation between sidewalk and travel bound lanes and 4' bike lane; $ 28,000.00 lane. Lane capacity is reduced somewhat in the four lane initial on embankment without phase. There is no change to the SFWMt) permit application. gravity wall. Redesign require - would 1 2 months. C-3 Widen sidewalk to 8'; on This alternative provides an additional 2' of sidewalk. Permitting embankment without gravity $ 322,000.00. with SFWMD would require changes to th~ application. Gravity wall at mm lanes, wall is required on main roadway. Redesign would require 3 - 4 months. D-3 Widen sidewalk to 7' with The bicycle handrail at the curb line would help prevent hand rail at curb line; on $ 558,000.00 pedestrians from stepping into traffic at locations other than embankment without gravity vehicle accesses or cross walks. The handrail would not provide wall. protection of pedestrians from an errant vehicle. The handrail per FDOT Index 520 presents a sight barrier between cars and pedestrians. Permitting with SFWMD would require changes to the application. This alternative would require 3 - 4 months to redesign. E-3 Provide a 4' separation This alternative provides a 4' separation between back of curb between a 5' sidewalk and $ 636,000.00 and 5' sidewalk. Revised plans would have to be provided to back of curb; on embankment SFWMD even with reduction in impervious area. The area south without gravity wall at turn of the curb line would have to be redesigned over a 3 - 4 month lanes period to obtain the separation. Gravity wall is required on main roadway. F-3 Relocate stormwater This alternative would require a complete redesign with retention swale to south side $2,216,000.00 additional testing for ground water mounding. The SFW1VfD of roadway with a 5' permit application require a would complete revision. sidewalk further south within alternative would require 8 - 10 months to redesign. If water r/wpresenttybeing acquired, management needs can be achieved the sidewalk could be separated from the travel lanes by up to 23.5'. Gravity wall is required on main roadway to stay within right-of-way G-3 Relocate entire roadway A 6.5' separation of sidewalk and back of curb at the mainline north 4.5' to provide from $206,000.00 travel lanes could be attained. The SFWMD permit application 2.83' to 6.5' separation woulaV require a revision to determine basin capacities. This between a 5' sidewalk and alternative would require 5 - 6 months to redesign. This back of curb; on embankment alternative could be constructed within the right-of-way being without gravity wall. acquired for the existing design. H Constructs6' sidewalk att he This alternative incorporates the 6' curbside sidewalk as eastbound curb line;on $0.00 recommended in the Preliminary Design Report. This embankment without gravity configuration meets guidelines within the AASHTO "A Policy of Highways and Streets" 1990 and wall. on Geometric Design --.-2. P. " ',: ' -v'ulu~ ae 1- Chapter 8 of the "F.p.O.T. Metric Revised 1/99 '. The 6] sMe ~s at the ~ight- of-way line in mm lanes. Ad~{~o~l~l~-way fo: fill conditions at mm lanes has'been ~e~,,~aai~e~..nat addil onal land is being acquired. No b. mcr ,~tinr, glavat~s or ri [ling would be needed, relieving fu are maintenance of those featt :es. \\HMA_FMY2\WP~1989\1989099\WWK'0GConst Cost Summary.doc -11- I ~a§.~'4~( b q ,,, c~m~ _ ALT 6 ~PIC~L SECTION , ~.~ ...... ~ .... ~ ~ ~,., i 2 ~ ~ ~ TYPICAL SECTION L~- ~ ~ ~ ~'°?'°%'[ ~.,_~. ~. ,. ,. ,. ~. ,., Z2 'c RELOCATE STORMWATER RETENTION SWALE TO SOUTH ~PICAL SECTION TYPICAL SECTION ~ ~ SIDE OF ROADWAY ~TH 5' SIDEWALK FURTHER SOUTH ~~ ~~ ~-~' IMMOKALEE ROAD EXECUTIVE SUMMARY SEEKING DIRECTION TO HALT PROGRESS ON THE DESIGN OF THE PUBLIC GOLF COURSE AND OFF ROAD MOTORIZED VEHICLE TRACK, AND DIRECT STAFF TO PREPARE A REQUEST FOR PROPOSALS FOR PRIVATE DEVELOPMENT OF A PUBLIC GOLF COURSE OBJECTIVE: To find the most appropriate means of developing the County-owned surplus landfill property. CONSIDERATIONS: The County Commission directed staff to proceed with a Request for Proposals (RFP) to select a firm to do design, engineering, and permitting work for an eighteen hole public golf course and an off-road course for all terrain vehicles, dirt bikes and bicycle moto-cross. The firm has been selected; however, in the interim period of time the settlement agreement between Collier County and the State Department of Community Affairs (DCA) has also been finalized. In an effort to determine the impact of this issue on the County's ability to proceed with the development of the property, a memo was sent to Bob Mulhere, AICP, Planning Services Director, who has been integrally involved in the process with DCA. A copy of the memo and the response is attached. In essence it appears that due to specific restrictions regarding golf course development and the intent of the settlement agreement language, either of the proposed uses would not be allowed to proceed on property in this area for a period of eighteen months to as long as three years· Given this time frame it would not seem an appropriate time to have the County proceed with the design and the cost of design for this project. Conversely, there has been interest expressed by developers in the construction of a public golf course either through a long-term lease arrangement or purchase of the property. Given the County's desire to ensure affordable golf for the local residents during the peak tourist seasonal months of January through April, a lease arrangement would be the preferred arrangement should the Board wish to pursue this. Private development appears to be less concerned regarding the time frames associated with the DCA settlement as in addition to the steps the County would have to undertake to accomplish the project, a private developer would have to go through the County's RFP process, negotiate and finalize a lease agreement and put together the private · financing arrangements all before any design work would be able to proceed. This makes the timing of the DCA issues work much better for a private developer than it does for the County· An additional option would be .for the County to investigate the purchase of an existing golf course. The owners of one local golf courses have in the past indicated that their courses would be available for lease or sale should the Couns¥ be in obtaining them for use as a public course· The RFP could be dr~ga~l~a~l~?a~4~ay SE? 1 q 1999 pg.. i _ as to solicit proposals from existing courses as well as seeking proposals for the development of the County's surplus property. To purchase an existing course does not address the use of the surplus property, but may provide a reasonable and quicker means for the County to provide the affordable seasonal golf that has been a desire of County Commission in the past. FISCAL IMPACT: The estimated cost for the design of the golf course/off road course to the County is $610,000. Funds for the design are available in Park impact fees for this design should the County decide to proceed with design contract. The cost for the County to issue an RFP is approximately $5,000 to 10,000 in staff time. GROWTH MANAGEMENT IMPACT: Under either option, a golf course once completed would be able to be counted toward the required per capita inventory of park facilities required by the Growth Management Plan. Should the project be developed through private sources, the lease would have to be structured specifically to take advantage of the facilities value. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, direct staff to cease progress on the contract for the design of a public golf course and off-road vehicle track and direct staff to prepare an RFP for the long term lease and private development of a public golf course on the property known as the surplus landfill property, or for the sale of lease of an existing course to the County to be used as a public course. Prepared by: Thomas W. Olliff, Public Services Administrator ITEM Iggg RECEIVED AU6 5 MEMORANDUM PUBL SERVICES CO~UNI'I-Y DEVELOP/~ENT & ENVIRONMENTAL SERVICES DIVISION PLANNIN~ SERVICES DEPARTMENT TO: Tom Olliff, Public Services Administrato. r/~-'7_'] '~, FROM: Bob Mulhere, AICP, Planning Services Dire-c2'br DATE: August 3, 1999 ILE: Surplus Landfill Property - Final Order No. AC-99-002 This is in response to your memo dated July 26, 1999. 1. The golf course is specifically prohibited by the Final Order until: the community-based Assessment of the Agricuhural/Rural designated area, or portion thereof in which the subject site is located, is complete; and. comprehensive plan amendments are adopted and in effect to implement the Assessment; and, then only if golf course remains a use permitted in the Agricultural/Rural area. The ATV motorcross course could be considered "recreational facilities" use, permitted in the "A" zoning d~strict by' conditional use. While "recreational facilities" are not prohibited by the Final Order, we would discourage proceeding with this use based upon the nature of the use, the intent of the Final Order to allow for a comprehensive, communiW-based analysis of the Agricultural/Rural area, and our discuss~ov~s with DCA planning and legal staffs. 2. A schedule rbr accomplishing the Assessment, and subsequent comprehensive plan amendments, has not vet been finalized. The Final Order provides up to 3 years to accomplish this. However, it is anticipated that thc Assessment will be divided into phases and that the portion of the Agricultural/Rural area closest to the coastal Urban area - which includes the subject site ~ will be in the first phase. Comprehensive plan annendments are limited by State Statute to twice per year, and generally take about 10 months. Once the Assessment and comprehensive plan amendments are accomplished, the proposed project will need: conditional use approval (3-4 months but can usually run concurrent with a comprehensive plan amendment): Site Development Plan approval (_+4 weeks); and building permits. The best guess at this time - tine ec~rtiesz the project could commence would be 18 months, and the latest would be 3+ years. 3. Is ~ possible the comprehensive plan might be amendecbto prohibit the proposed uses in the Ag:-~cult::;'a'. Rural area, or this portion of it, as a result of the Assessment? Yes. Is it likely? We simply don't know, and think it inappropriate to venture a guess until the Assessment is complete. As the Final Order states, the Assessment is to be "a collaborative, community-based effort with full and broad-based public participation;" and, "Public participation will be the hallmark of this planning effort. The participation must be wide in scope xvith broad community input." Please advise if additional information is needed. cc: Vincent A. Cautero, AICP, Community Development & Env,ronmenta~ Services Administrator i Agend,~ Maria Ramsey, Parks and Recreation Director I NO,~~._) Bill Lorenz, P.E., Natural Resources Director Barbara Cacc,hione, AICP, Comprehensive Planning Manager S£P 1 1999 David Weeks, AICP, Principal Planner, Comprehensive Planning Section Final Order-surplus landfill siteI F, FLUE 813199 L P~ --..........~¢~ july 26, 1999 Bob Mulhere, Planning Services Director David Weeks, Senior Planner 'D:omas W. Olliff, Public Se~ices A~i~mtor ~ Uses For Surplus Lmadfill Prope~ ::.,':~:c, ,d:e Coanq' owns 2 312 acre ~ct of l~d adjacent to ~e current active lmdfdl, .,:: :ts fiqe "surplus l~dfi!l prope~". ~e Coun~ Co~ission has au~orized ~e staff :::c!:::ecr ro desi~ ~ eighteen hole public golf course ~d m ~i terrain vehicle/ moto- EiSner project, whe~er developed separately or toge~er, would require ~e at' parking lots, public rest rooms, inst~lafion of water ~d sewer l~es, ~e <:~,,;,n:er na0mngeme~ fca~res, etc. ~qe recent court cases ~d nego~afions wi~ ~e Depar~ent of Co~uni~ Affairs 5ex:':ng on what cmq be developed on ~is propel.md when. Before ~e Co~ tics:mx cot:tract, please provide your option re~rdin~ Zz',::~r'."s abi!ipy to proceed x;,id~ ~e development of each portion of ~is project. z:'.'eic::mear is restricted, please provide some esmate as to ~e shortest ~d longest time ~'.~ expected before development might be able to co~ence, ~d lasd7 v:de )'our opinion re~arding ~e possib~i~ ~at one or bo~ of d~ese uses ~ght be ::::::,:::'.~:.:.'. :'esr:icted from being developed on ~is prope~. :.:z 2. c: '&at at :LZs ooinr ,5~o? ~e Fe,:~ absolute.; in re~rds to development ~ ~is ':'c.,:r opinions would be Nst ~ar. However, because you ~e ~e profession~ staff ...... ' ",' ,~.:¢¢ .'~_~, ,Your ,Croressi'c':~ opinion will be considereJ ve~ heavily in making decisions .,~.:,. m~ch :5: your time ~d assist~ce. If we cm provide ~y adclifionM info~afon =!e:'=se do nor hesirate to contact eider ~is office or Ms. Marla R~sey, ~e Parks ~,~::c[or at 353-0404. ~::::.se',, Pa:ks an~ Recreation Director EXECUTIVE SUMMARy -~""REVIEW COUNTER-OFFER SUBMITTED BY AVATAR PROPERTIES INC. FOR PROPERTY ~_OCATED ADJACENT TO THE GOLDEN GATE COMMUNITY CENTER Q~T.J_V_E: To have the Board of County Commissioners review and provide direction on the counter- offer submitted by Avatar Properties Inc., owner of that property described as "All of Block 118, Golden Gate Unit 4", and which is located adjacent to the existing Golden Gate Community Center. (See attached location map.) On May 11, 1999, (item 8(C)2), the Board of County Commissioners authorized Commissioner Timothy Constantine, Vice-Chairman, to negotiate a sales price for that property adjacent to the Golden Gate Community Center. The property comprises 7.3 +/- acres and could be used for recreation and open space expansion opportunities. According to the May 11, 1999 executive summary, the initial asking price for the property was $1,035,000 based upon its location within the Urban Mixed Use Activity Center ("Urban Commercial District") per the Golden Gate Master Plan. The Real Property Management Department initially provided an in-house value for the site in the amount of $655,000, based upon the highest and best use of the property to be high-density residential development (6 to 12 units/acre) or an institutional use. Upon the receipt of a title commitment on the site, the Real Property Management Department learned that the site was restricted to "civic purposes only". A revised in-house value analysis was then .._..prepared utilizing a highest and best use for civic purposes. A value of $397,500 was then determined by staff to best represent the value of the site considering the deed restrictions associated with the property. On June 8, 1999 (Item 10C), the Board of County Commissioners, at Commissioner Constantine's request, authorized staff to forward an agreement to Avatar Properties Inc. for consideration. The Agreement for Sale and Purchase reflected a Purchase Price of $397,500 and included the following provisions: The Agreement provides for an appraisal period of ninety (90) days from the execution of the Agreement to obtain the required appraisals. (If the purchase price is over $500,000, two (2) appraisals shall be required pursuant to Florida Statute.) If for any reason whatsoever, the County is not satisfied with the results of the appraisal(s), the County may terminate the Agreement given proper notice. Pursuant to the Agreement, the County has one hundred twenty days (120) days from the execution of the Agreement to obtain a report from the County's Natural Resources Department and the County's Pollution Control Department advising of any environmental concerns in order to determine whether the site can be utilized for its intended purpose. If for any reason whatsoever, the County is not satisfied with the results of any environmental report, the County may terminate the Agreement given proper notice. If the County has not terminated the Agreement pursuant to any other provision in the Agreement, and decides prior to closing to terminate the Agreement, it may do so; however, the County shall incur a one time cost of One Thousand and No/100 Dollars ($1,000). the Real Property Management Department received ~. response from Avatar Properties Inc. on June 14, 1999. Mr. Dennis German, General Counsel, Avatar Properties Inc., challenged the existence of the Deed of Restrictions for the subject property. In his June 14, 1999 letter he states: "Before proceeding with my review of the "Agreement for Sale and Purchase", the above (deed restriction issue) will need to be resolved as same materially affects the value of the property based upon the highest and best use thereof. Accordingly, I would suggest that you review this matter with your title company and the appropriate attorney for Collier County and that you advise me thereon at your earliest convenience." On June 24, 1999, the Real Property Management Department provided Mr. German a legal opinion from the County Attorney's Office. In summary, the County Attorney's Office was of the opinion that the property described as "All of Tract 118, Golden Gate Unit 4" was still restricted to civic purposes only. On July 9, 1999, Mr. Getman again responded stating that he has obtained a supporting legal opinion confirming his opinion that the applicable Deed of Restrictions have expired and are no longer of any force and effect. Mr. German again requested that the County Attorney's Office and the County's title company review the deed restriction issue prior to his review of the Agreement for Sale and Purchase. On July 14, 1999, the Real Property Management Department contacted First Title & Abstract, Inc., who provided the initial title commitment. They then forwarded the County's request to their underwriter, Fidelity National Title Insurance Company. A formal response was received on August 26, 1999 from Ms. Patricia Hancock, Associate Underwriting ~ounsel, Fidelity National Title, through First Title & Abstract, Inc. The letter stated in summary that the Deed of Restrictions could not be altered or extinguished without joinder of all owners and lenders of Golden Gate Subdivision. On August 26, 19991 Mr. Getman was forwarded the opinion provided by Fidelity National Title and requested to review the Agreement for Sale and Purchase in the amount of $397,500 which represented the County's estimate of value for the subject property considering the restricted uses of the site. On August 31, 1999, a response was received from Avatar Properties Inc. The response is attached for your review. In summary, Avatar Properties Inc. will not consider a purchase price less than $525,000 for the subject property. Avatar has since executed and forwarded the Agreement for Sale and Purchase (copy attached) along with a letter, dated September 1, 1999, advising of certain changes to the Agreement. A copy of the September 1, 1999 letter is attached for your review. Paragraph 14.08 has been revised to include the provision that if the Agreement is not accepted and approved by the Board of County Commissioners by September 15, 1999, then the offer shall automatically terminate. FISCAL IMPA(;;T: If Avatar's counter-offer is accepted, the purchase price for the 7.3 +/- acres shall be $525,000. Other expenses total approximately $11,200 and would include the cost of an environmental audit estimated at $2,500, a title policy in the amount of $2,700, two (2) appraisals totaling $5,950, and recording expenses not to exceed $50. These costs would be funded from impact fees and/or from the Golden Gate Community Center special taxing district, which already exists. As stated in the May 11, 1999 executive summary, the Golden Gate Community Center Advisory Board seemed inclined to recommend that impact fees be the funding source for this property purchase. They also indicated a willingness to consider purchasing approximately 2 to 3 acres of the subject property through the taxing district in order to reserve the ability to hold the traditional community events on the site. An amount of $1.3M has been budgeted in the FY 99/00 Parks Capital Projects budget for the purchase of this property and the construction of a roller hockey rink. Should this item be approved, the Advisory Board will be asked to consider, based on the final negotiated price, their interest in purchasing a portion through the existing taxing district. Should the district purchase any portion, the revised taxing district budget would be returned to the County Commission for final approval. GROVVTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this project. If the Board directs staff to acquire this site, the value of the land and acreage would be added to the County park land inventory. The cost of any improvements constructed on the property would be added to the Park facilities inventory value. RECOMMENDATION: That the Board of County Commissioners direct staff to either accept or reject that counter-offer submitted by Avatar Properties Inc. If directed to accept Avatar's counter-offer, staff is recommending the Board of County Commissioners: 1. Approve the Agreement for Sale and Purchase reflecting a purchase price of $525,000 and those changes made by Avatar Properties In"c. (except that staff will change the "Closing Date" to December 31, 1999, approved by Avatar, to allow for ample time to obtain appraisals and an environmental audit on the site); 2. Authorize its Chairwoman to execute the Agreement when presented; 3. Direct staff to obtain necessary appraisals required by Florida Statute 125.355; 4. Direct staff to proceed to acquire the site and follow all appropriate closing procedures; 5. Accept for recording in the Public Records all properly executed conveyance instruments approved by the County Attorney's Office, provided the purchase price does not exceed the average of the two (2) appraisals (staff shall return to the Board if the purchase price exceeds the average of the two (2) appraisals to obtain approval of the purchase by extraordinary vote as mandated by Florida Statute); 6. Approve any and all necessary Budget Amendments to fund said purchase and related expenses; and lastly, (7) Direct staff to begin investigating the vacation of that portion of Lucerne Road that bisects the current Community Center property from this site. PREPARED BY: //'"'"~--'~-~.~~~ ~~ ~i. DATE: %' ~-~ saNi~Ra I. taylor, REaL PR ,OPEE~TY MaNaGEMEnt DiRECtOR ' q. TH(~-A~ O~_'~F~.~ S~RVICES ADMINISTRATOR - Agenda j;te¢ ,o.. SEP I t999 FILE No. 002 08/3L '99 11:44 '~:Rva~ar Legal Dept. 30544899^" PRGE 2 AVATAR PROPERTIES INC. VIA FACSIMILE 941-774-8876 August 31, 1999 Collier County Oovernment Support Services Division Real Property M~nag~nent Department 3301 E, Temi~u~d Trail Napl~, FL 34112 ^ttn: Sandra T~lor, Director Re; Proposed Golden (]ate Community Centor Expansion Deed of Restxi~tions - Ooldcn Gate Unit 4. AllofBlock t 11~ Dear Ms. Tmylor: On behalf of Avata~ Properties lac,, I would hereby re;knowledge r~oeipt of your recent correspondence dated August 26, 1999, whi~ references the above, I have reviewed be letter dated August 19. 1999, forwarded to you by Patricia J, Hancock of Fidelity Nationa.l Title Insurance Company of New York and, unfortunately, ! cannot agree with the position set forth therein. By correspondence dated Juiy I informed you of'the position of Avat~ Properties Inc. with regard to the cxpLration of the application "De~d of 'Restrictions" and further informed you at that time that AvaUnt Properties Inc, could provide Collier County with a title insurance policy without except'ton for the said Deed of Restrictions, Notvaths~andlng'the above, Collier County has again come back to Avatar Properties Inc. offerln8 to purchase the property in question for $397,500. Avatar Propertle~ Inc, h~ rejected the agorea~id purcha~ price previou~b, and does, by this letter, do so again, Further, Avat~ ?roperLies lac. did recently reply to Commissioner Coat.tine with a counter-offer of $525,000 based upon th~ condition of a closing on or before December 31, 1.999. . If Collier County wishe~ to proceed with the counter-offer in question, please so advbsc mo, Avatar Properties Inc, is not prepped to undertake any ['urthcx negotiations with regard to this matter ¢ount~r-ot't'er ia not accepted within seven (7) days of the date hereof, then all negotiations pertaining to this real es~te transaction will termmat~ Very truly yours, AVATAR PROPERTIE~ INC. D~nnis J. Oetrmm Oeaerg Counsel DJG~¢ cc: Commissioner Timothy J. Constantine W~rren Raymond' DICTATED BUT NOT READ IN ORDER TO EXPCDITE D£LIV£RY P.O, Box 02~000, Miami, Florida ~I02-:}000 - (305) 442-7000 FAX (305) 448-9927 No .. ~_ (_(~ ! ~'~ SEP 1999 Pg' ? -- AVATAR PROPERTIES INC. VIA FEDERAL EXPRESS September 1, 1999 Collier County Government Support Services Division Real Property Management Department 3301 E. Tamiami Trail Naples, FL 34112 Arm: Sandra Taylor, Director Re: Proposed Golden Gate Community Center Expansion Deed of Restrictions - Golden Gate Unit 4, All of Block 118 Dear Ms. Taylor: I would, by this letter, confirm our telephone conversation of September 1 in which we discussed my earlier correspondence dated August 31, 1999, which dealt with the above-captioned matter. Based upon said conversation, I am hereby forwarding to you the enclosed "Agreement for Sale and Purchase" which has been signed by me in my capacity as Executive Vice President for Avatar Properties Inc. Please note that I have modified said Agreement in accord with the following: 1. The Purchase Price set forth in Section II has been changed to $525,000.00. 2.To'give you additional time for the proposed Closing, I have modified Section III (3.01) to show a closing date no later than November 30, 1999. 3. The word "best" has been deleted and replaced with "reasonable" in Section IV (4.011). 4. Avatar Properties Inc. (Seller) expects Collier County (Purchaser) to undertake an environmental study for the real properly in question and, therefore, Subsections 11.01 7 and 11.023 have been deleted in their entirety. 5. As discussed in our telephone conversation, I have modified Subsection 14.08 to give to the Purchaser the right until September 15, 1999, to accept the offer by executing the Agreement. If you have any questions concerning the above, please feel free to contact me at your convenience. Very truly yours, AVATAR PROPERTIES INC. Dennis J. Getman Executive Vice President - General Counsel DJG/kc P.O. Box 023000, Miami, Florida 33102-3000 - (305) 442-7000 FAX (305) 448-9927 ~ pg ..~_:.__ AGREEMENT FOR SALE AND PURCHASE ~,-' ''~ ,": THIS AGREEMENT is made and entered into by and between Avatar Properties Inc. whose address is 255 Alhambra Circle, Coral Gables, Florida 33134 (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: All of Block 118, Golden Gate Unit 4, according to the plat thereof, recorded in Plat Book 5, Pages 107 to 116, inclusive, Public Records of Collier County, Florida and as recorded in Official Records Book 887, Page 1448, Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of'the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. 1.01 in consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The pdrchase price (the "Purchase Price") for the Property shall be ~ (U.S. Currency) payable at time of closing. *F±ve uunaz-ed ~nt-y-~'J_ve '~rt~ and m/zoo Do~.Za~s (ss2s,ooo.oo) ~,~;J,. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred twenty · )(120) days following execution of this Agreement by the Purchaser but not later than Novembe. r ~1, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. SEP ! 1999 3.0112 Combined Purchaser-Seller closing statement. .' ,; '; 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4,011 below, shall be' paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purch&ser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey .. good and marketable title, except for liens or monetary obligations which will .,-~ .,,! · ,£ be satisfied at Closing. Seller, at its sole expense, shall use ~ts-~/~ er~.s to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property,'if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Adicle V shall be deemed waived· In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Properly can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination· 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not sldislied, for [~ny re~son wht~tsoover, with the results of m~y ~vu~tig~tlun, Purch~sur shall deliver to Seller prior to the expiratio~ of the Inspection Period, written notice of its intention to waive the applicab P.,____ Agen d~.~ contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, .,~.. it shall be deemed that the Purchaser is satisfied with the results of its ~.-', '*~ investigations and the contingencies of this Article VI shall be deemed waived. In ,...'"i'"" ""'~ the event Purchaser elects to terminate this Agreement because of the right of " ??'~ inspection, Purchaser shall ;eliver to Seller copies of all engineering reports and :'...~' ':" environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII..~ 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Sbller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of - this Agreement. - 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions au.thorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate a~d cancel this Agreement by giving written notice thereof to Purchaser, whereupon One Thousand and No/100 ($1,000) Dollars shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any fudher liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs~ for appellate proceedings in such ~itigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient ' '~ remedies to each of the parties, and take into account the peculiar risks and · '~ ' ' expenses of each of the parties. ! XL SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake a~l actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding· 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, Claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other go~,ernmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11·015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. cesspools on the Property; all waste, if any, is discharged into a public_..~sarfftary sewer system; Seller represents that they have (it has) no know~ that any pollutants are or have been discharged from the Property~ctty or indirectly into any body of water. Seller represents the Prop_.p_~as not been used for the production, handling, storage, transpod_.~, manufacture or disposal of/~-/ hazardous or toxic substances or~.E~as~es, as such terms are defined in applicable laws and regulati~:~qs~, or any other activity that would have toxic results, and no suc~.A'ra~ardous or toxic substances are currently used in connection w'. ~e operation of the Property, and there is no proceeding or inquir,j. Ja,~ny authority with respect thereto· Seller represents that they hav~- ........... S EP 14:999 ~ w~tor ccntcmln,?.tion from ~i-,u p~o~r represents no storage tanks for ga~s_are_or~. - w,e!e located on the P~rry~uring or prior to Seller's ownership ~¢l~presents none of the Properly has been used as a sanitaw 11.018 Seller has no knowledge that the Properly and Seller's operations concerning the Properly are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been se~ed upon Seller claiming any violation of any law, ordinance, .. code or regulation or requiring or calling attention to the need for'any work, repairs, construction, alterations or installation on or in connection with the Properly in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Properly, and there are no maintenance, construction, advedising, management, leasing, employment, se~ice or other contracts affecti.ng the Prope~y. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Properly or which adversely affects Seller's ability to pedorm hereunder; nor is there any other charge or expense upon or related to the Properly which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Prope~ to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pedaining to or affecting the Properly and not to do any act or omit to pedorm any act which would change the zoning or physical condition of the Properly or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third padies or any governmental authorities having jurisdiction of the development of the prope~ which may restrict or change any other condition of the Properly. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasseding the foregoing representations as of the Date of Closing, which provisions shall su~ive the Closing. and hold Purchaser harmless from any and al~ costs (including a~fees) asseded against, imposed on or incurred by Purchaser~ or indirectly, pursuant to or in connection with the applicatio~~federal, s~te, local or ~,~ common law relating to pollution or pr~io¢of the environment which shall be in accordance with, but not--to, the Comprehensive Environmental /~~ Response, Co'mpensat~anCLiability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CER~Supedund"), which Was amended a~ upgraded by the Suped~endment and Reauthorization Act of 1986 (SARA'), includir ~ &n~ep~cc6sso, ~ funofion~o thes6 ~ct~. This pr~visie~ · Agend~e~ , oNO'~~ I pg. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Sdler's sole risk and expense. X~L NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Rea~ Property Management Department Administration Building 3301 Tamiami Trail East .~'-'~ .~,~ ~'. ~ 1' Naples, Florida 341 12 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller'. Dennis German, Esquire Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all'purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a. separate agree'ment, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and ~--~ -A nd~/ft,,~'~e"---'- Seller as soon as it has been executed by both parties. No. ~(~ ! -',.. S EP 1 199 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and · .. i ''~ gender in which used, shall be deemed to include any other gender or number as ~ the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asseded, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. If th±s Agreement has not been accepted and approved by the said Board by September 15, 1999, 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. *then the offer shall automatically terminate. ~ ~ IN WITNESS WHEREOF, the parties hereto set forth their hands seals. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman DATED:.~7L. I,/ /~ ~ AVATAR PROPERTIES INC. ¢ignatu'~e) 6ENNIs GETIV~N, ~nt riflted Name)~ (Signature) (Printed Name) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney ~o._ ~U-/.¢.. / SEP I 4 ~:,~:~ j EXECUTIVE SUMMARY APPROVAL TO AWARD BID #99-2934, (THE NEW DOMESTIC ANIMAL SERVICES FACILITY) TO PROFESSIONAL BUILDING SYSTEMS, INC. OBJECTIVE: That the Board award Bid #99-2934 to Professional Building Systems Inc. for the construction of the new Domestic Animal Services Facility. CONSIDERATIONS: On May 28, 1999, six (6) bids were received to construct the proposed Domestic Animal Services Facility (see attached bid tabulation sheet). Professional Building Systems, Inc. was the apparent Iow bidder with a Iow base bid of $3,025,000. FISCAL IMPACT: The project is budgeted at $2,470,000 of which $232,540 is architectural fees, leaving $2,237,460 for construction. Based on the Iow bid of $3,025,050 and a 5% contingency reserve, the construction cost equated to $3,176,250 which is $938,790 over the available budget. The construction staff, architect and DAS staff worked with the contractor to decrease the cost of construction. This resulted in a number of non-critical design changes which decreased the construction cost by $109,000. This resulted in a new construction cost of $2,916,000 (see attached EXHIBIT D-1 Contract Amendment 99-2934). Finally since a portion of the project is to construct a large animal stable where housing the Park Ranger horses would be the predominant use, $180,000 of the project budget will be funded from Park impact fees. The combination of all of these efforts results in a project shortfall of $650,000. The options at this point are to abandon the project, reduce the project to meet the budget, or find a means of authorizing the unfunded project balance. To abandon the project would leave the DAS facility at its current North Airport Road location in a facility that would still require either substantial renovation or more likely would have to be razed and a new facility constructed. This option loses the value of the $660,000 property donated on Davis Boulevard, which is restricted to the construction of an animal shelter within five years. Should construction not occur within the five years, the property would revert back to the donor. In addition, the North Airport Road site is the proposed location of the new Regional Library, which is already under design as well. The second option would be to limit the construction to the available budget. The building is already designed primarily as a metal building and has been bid at a construction cost of $80 per square foot, which indicates there is little else in the way of quality reductions that can be made. The only other option is to reduce square footage. The new facility doubles the number of kennels. However, to reduce the project sufficiently to meet the current budget would require that the new building contain roughly the same number of kennels as the current facility. Given the area's growth and the increasing need to kennel impounded animals, the construction of a new facility that would provide few if any additi¢ Q_al kenn..el_s.k/~ 5bP I q could not be recommended. The current facility size already limits the length of time that animals can be held for adoption. To build the project as bid would require one of two options; provide funding from the general fund reserves, or borrow the unfunded balance from the County's Commercial Paper Program and repay that note in the FY 2001 from the general fund (301) capital improvement budget. The County's Finance Committee has reviewed this proposal and recommended that the County fund the project from the $1,039,700 in additional State revenue sharing funds that were realized since the time the tentative budget was reviewed. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, award Bid #99-2934 to Professional Building Systems, Inc. for the construction of the proposed Domestic Animal Services facility and authorize the Chairwoman to sign an agreement with Professional Building Systems, Inc. after review and approval by the County Attorney's Office, and authorize the use of the additional State revenue sharing funds to meet the unfunded project balance of $650,000 and authorize budget amendments as necessary. Y/~crognale, ConsUltation ' " Thomas W. Olliff, Pu~ervices Administrator REVIEWED BY:~ ~M DATE: Sk anagement Director ' Stephen Y, Carnell, Purchasing Director S EP 1 ~ 1999 Bid #99~2934 New Domestic Animal Services Facility Project Title: New Domestic Animal Services Facility Project Mgr: Inquiries Sent: 89 Tabulation for Bid: 99-2934 .lack Crolgnale Packages Rcc: ppcning Date: 28-May-99 [/~ ITEM DESCRIPTION Gary Wilkes' Vanderbiit .Haye~ i Profess. Bldg :: Gulf Coast l:nc Bay Const :Construct, , Sys. Const, Base Bid $3 197,000.00 $3,268,000.00 $3:i385,000.00 $'3,0)5,000.001 $3, t52:;000100 $15,000 Allowance $15,000100 $15,000.00 :$15i000100 $15',000.00 i: $15~000i00 TOTAL BASE BID $3,212,000.00 $3,283,000.00 :: :i$31~}00,000.0¢$3,040,000.012i i !$3ii67ii0:00;00 Alternate Bid Item 1 seebid: : N/A :NBii : NB Alternate Bid Item 2 ~ $7,000i00, $12,200.00 i::$28;000i00 $26,950.00 iii$7,i500:,00 ............... ' ~'~'~';' - Alternate Bid Item 3 $20i000i~ $26,000.00 ! ii$34;000:00 ~;34,573.00 ii $27,000i00 ND TOTAL (BASE BID + ALTS) $3,2:39;000i00 $3,321,200.00: :$3~462;000100 $3,101,523.00 :i:i$3;201;500:00 Material Manufacturers? Yes :::::::i:i:::::i:i: Yes yesi:i:iii i:iiiii::: Yes :yes:: ListofSubcontractors? :yes.::! ::i:iiYes Yesi::(iiiiii!:iiiYes Statement of Experience? :Yes.::ii.ii::::..i Yes Y~sii!i: iiiiii ::(' Yes Trench Safety Act? ycsi:i i:i::: .:: Yes Yes!':i:i:i!ii i:::i: Yes Addenda Acknowledged? yes!::i(i:i:ii:ii: Yes ~esi:i:::::i:i!: Yes ,, ~ :' .: . .. :.::,:. :.:::.:.. :.. :::. o . ,~ Witness:~RonPrecup · ::::: '": ::'::::::::::::: :: .:. :':":. .~. Page ' ) Bid #99 ) New Domestic Anim, ,)vices Facility Project Title: New Domestic Animal Services Facility Project Mgr: Inquiries Sent: 89 Tabulation for Bid: 99-2934 Jack~ognale Packages Rec: 6 Opening Date: 28-May-99 Lodge ITEM DESCRIPTION Constr, Base Bid $3,179,798.0.0 $15,000 Allowance $151000i00 TOTAL BASE BID $3, i93,y98.00 Alternate Bid item I NB - ' Alternate Bid Item 2 ,rnate Bid Item 3 $'27,®O'00 Bid Bond Attached? Material Manufacturers? Jist of Subcontractors? ;tatement of Experience? ::: ... ch Safety Act? Yes :::i~i ~cknowledged? Buyer Kelsey Ward Witness: Precup Page 1 of 1 EXHIBIT D-! Adjusted Price Schedule for Bid # 99-2934 "New Domestic Animal Services Facility" Statement of Understanding KE: Contract # 99-2934 "New Domestic Animal Services Facility" to be located at the south side of Davis Blvd. approximately 1000 feet east of Santa Barbara Blvd, Naples, FL. In order to reconcile the discrepancy between the Contractor's base bid price as submit-ted and found on page GC-P-13 of the Contract Document, and the contract price awarded by the Count~, the Contractor has agreed to reduce the base bid price for the items listed below in order to realize a contract amount which remains within available funding dollars. The base bid is the only item to be awarded under this contract. The £ollowing is a cost reduction summar~ which shall become the revised dollar amount under this contract: BASE BID PRICE CHANGE Collier County shall be responsible for payment of the Base Bid as listed in the original bid except for the following deletions: 1. Decrease the depth of the porch of the Administration Building. - 2,400 2. Eliminate the three (3) interceptors at the end of each kennel and provide one (1) grinder. -4,730 3. Eliminate all exterior block at the Administration building except for front. - 6,408 4. Eliminate siding on the horse stable. Epoxy paint the exposed masonry. -3,432 5. Provide alternate storefront/window package. -9,500 6. Provide standard vertical metal building panels not horizontal. -12,830 7. Provide alternate acoustical tile. -5,070 8. Delete gray slag from landscape package. -7,200 9. Delete drywall enclosed ductwork. -9,900 10.Delete wood edge on countertops. -2, I00 11.Reduce hose reels to three (3) for each kennel. -13,500 12.Reduce 12' overhang to 2'8" on one side of stable. - 6,580 13. Provide standard galvanized fencing in lieu of plastic coated ~'encing except along Davis Blvd. - 1,500 14. Eliminate the patio deck except under roof area. -1,350 15. Reduce the individual kennel run from 12' to 10' for all kennel buildings. - 17,000 16. Eliminate barb wire from fence. -5,500 ~,~,~ (' TOTAL ( $ - 109,000) ~o._ SEP 1 t999 P~ o~_~ EXHIBIT D-I Adjusted Price Schedule for Bid #99-2934 "New Domestic Animal Services Facility" Page 2 Difference to be deleted from Contract: ($ - 109,000.00) Original Base Bid · $ 3,025,000.00 Total to be removed from Base Bid: ($ -109,000.00) Amended Base Bid: $ 2,916,000.00 AMENDED CONTRACT TOTAL: $ 2,916,000.00 The Contractor, Professional Building Systems., Inc., agrees that the above total cost reduction of one hundred and nine thousand dollars ($109,000.00) amends the Contractor's original bid and that the Contractor agrees to complete said Contract # 99-2934 "New Domestic Animal Services Facility" for a total contract price of two million nine hundred and sixteen dollars ($2,916,000.00). All other terms and conditions of the agreement shall remain in force. SEP 1 4 19S9 Pg -_. _.. __ t EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DECLARING A LAND DEVELOPMENT CODE RELATED EMERGENCY TO PERMIT AN ADDITIONAL AMENDMENT CYCLE TO ALLOW FOR THE ADOPTION OF LAND DEVELOPMENT REGULATIONS TO IMPLEMENT INTERIM AMENDMENTS TO THE GROWTH MANAGEMENT PLAN AS ORDERED BY THE ADMINISTRATION COMMISSION. O_IkI[F,~.IIY_~ To adopt a Resolution declaring a Land Development Code (LDC) related- emergency as to permit an additional amendment cycle for the adoption of land development regulations to implement the Interim Amendments to the Growth Management Plan (GMP) as ordered by the Administration Commission. CONSIDERATIONS: On June 22, 1999, the Governor and Cabinet sitting as the Administration Commission adopted a Final order directing that Collier County adopt certain amendments to its GMP to bring the plan into compliance. The Order also provides that implementing land development regulations be adopted no later than November 14, 1999. This time-frame does not coincide with the time-frame for the second LDC amendment cycle for 1999. Section 1.19.1 of the LDC provides that amendments to it can be made no more than twice per year unless there is an emergency as defined by Subsection 1.19.1.3. An emergency includes "any occurrence or threat thereof ... which results or may result in ... substantial ... loss of ... public funds." The County could suffer fiscal sanctions should the Order not be complied with thus meeting the LDC definition of "emergency." FISCAL IMPACT: Possible sanctions as outlined in the attached June 22, 1999 Order of the Administration Commission. GROWTH MANAGEMENT IMPACT: To permit an additional LDC amendment cycle to allow for adoption of implementing land development regulations for amendments to the GMP as ordered by the Administration Commission. RECOMMENDATION: To adopt the attached Resolution declaring an LDC related emergency and to approve a schedule for adoption of the implementing land development regulations. Prepared by: M~ori~ M. Student Date Assistant County Attorney Approved by: ~ INOAC~r'NO~[~ .... David C. Weigel, Cot~n~y Att~ey Dat~ ' $[:P ] q 1[}[}[} h:/MMS/ex summary/Interim Amendments p~[. I _ 1 RESOLUTION NO. 99- __ 2 3 A RESOLUTION DECLARING A LAND DEVELOPMENT CODE n RELATED EMERGENCY TO PERMIT AN ADDITIONAL 5 EMERGENCY AMENDMENT CYCLE IN ORDER TO ADOPT LAND 6 DEVELOPMENT REGULATIONS THAT IMPLEMENT THE ? INTERIM AMENDMENTS TO COLLIER COUNTY'S GROWTH 8 MANAGEMENT PLAN AS ORDERED BY THE ADMINISTRATION 9 COMMISSION. 11 WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and 12 Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 13 163.3191, Florida Statutes; and 14 WHEREAS, on November 14, 1997, Collier County adopted the EAR-based 15 amendments to its Growth Management Plan; and 16 WHEREAS, on December 24, 1997, the Department of Community Affairs 17 (DCA) issued its Notice and Statement of Intent to find the County's EAR-based 18 amendments not in compliance as defined by Section 163.3184(1)(b), Florida Statutes; 19 and 20 WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA 21 petitioned for a formal administrative hearing to review the EAR-based amendments 22 found in non-compliance; and 23 WHEREAS, the petition was forwarded to the Division of Administrative 24 Hearings (DOAH), an Administrative Law Judge was assigned and a five-day formal 25 administrative hearing took place in May, 1998; and 26 WHEREAS, the Administrative Law Judge issued a Recommended Order on 27 March 19, 1999, finding the EAR-based amendments at issue in non-compliance; and 28 WHEREAS, the matter was considered by the Governor and Cabinet sitting as the 29 Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), 30 Florida Statutes; and 31 WHEREAS, pursuant to Subsection 163.3184(11), Florida Statutes, the 32 Ad~ninistration Commission is authorized to take final agency action regarding whether 33 or not comprehensive plan amendments are in compliance; and 34 WHEREAS, the Administration Commission, upon review of the Record of the I AGENDA I(~T~ 35 administrative hearing, the Recommended Order including the Findings of Fact ~; ~1 NO. q 1 SEP lq 1999 Pg. 1 Conclusions of Law contained therein, also found the EAR-based objections and policies 2 at issue not in compliance; and 3 WHEREAS, the Administration Commission on June 22, 1999 entered a Final 4 Order directing Collier County to, among other things, adopt Interim and Remedial 5 Amendments to its Growth Management Plan together with implementing land 6 development regulations; and 7 WHEREAS, according to a schedule adopted by the Administration Commission 8 the implementing land development regulations for the Interim Amendments must be 9 adopted by November 14, 1999; and 10 WHEREAS, the Final Order provides for a number of fiscal sanctions should the 11 County fail to follow its directives, including the schedule of adopting land development 12 regulations; and 13 WHEREAS, Section 1.19.1 of the Collier County Land Development Code 14 provides that amendments may be made to it no more than twice in any calendar year lS tmlcss there is an emergency as defined by Subsection 1.19.1.3 thereof; and 16 WHEREAS, the schedule for adoption of the Administration Commission 17 ordered land development regulations does not coincide with the established time-frames 18 to amend the Land Development Code thus necessitating a declaration of emergency. 19 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 21 SECTION ONE: DECLARATION OF EMERGENCY 22 It is hereby declared pursuant to subsection 1.19.1.3 of the Land Development 23 Code that an emergency exists in that should the County not meet the November 14, 1999 24 dead-l/ne for the adoption of land development regulations to implement the interim 25 amendments to the Growth Management Plan, it could suffer fiscal sanctions for failure 26 to adopt said land development regulations as "~irected by the Administration 27 Commission in its June 22, 1999 Order. 28 29 a0 AG£ND~ _ITEM NO. SEP 1999 2 1 SECTION TWO: DIRECTION TO PROCEED WITH ADDITIONAL 2 AMENDMENT CYCLE 3 It is hereby directed that in order to meet the November 14, 1999 deadline for 4 adopting land development regulations that an emergency land development code cycle 5 be established wherein amendments shall be adopted by this Board of County {3 Commissioners no later than November 14, 1999. 7 This Resolution adopted after unanimous vote. 8 Done this day of September, 1999. 10 ATTEST: BOARD OF COUNTY COMMISSIONERS 11 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA t4 15 BY: 16 PAMELA S. MAC'K1E, Chairwoman 19 Approved as to fom~ and legal sufficiency: 20 22 24 Marjol4~ M. Stu&nt- 25 Assistant County Attorney 26 27 28 29 30 31 32 33 34 35 36 37 38 39 h:hg/mms/D{'A Interim Amendmenm AGENDA ~ No. SEP iq 1999 Pi[. ~ 3 Adoption Schedule Ordinance to implement Growth Management Plan Interim Amendments Wednesday, October 20, 1999 ~ 5:05 PM Wednesday, November 3, 1999 @ 5:05 PM ACd~IDA ~ 8£? lq 1999 OBJECTIVE: To consider adding a category to the Collier County Community Health Care Ad Hoc Committee representing dental health and confirm the appointment of the new member. CONSIDERATIONS: This 28 member ad hoc committee was established by Resolution No. 99-257 to review existing health care systems in Collier County to determine if adequate access and health care is available to all of the residents of Collier County and, if not, to recommend actions that might be taken to address any lapses in access or coverage. Established on May 11, 1999. Terms are 1 year. A list of the current membership is included in the backup. COMMITTEE RECOMMENDATION: The committee is recommending that the Board of County Commissioners increase the membership to 29 members to include the category of dental health. If approved, they are requesting that Dr. Peter Nguyen's appointment be confirmed to represent the dental health category. Dr. Peter Nguyen - dental health category FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request to increase the membership to include dental health and confirm the appointment of 1 member to the Collier County Community Health Care Ad Hoc Committee representing the dental health category and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 14, 1999 SEP ! 41 t999 Pg- / -. Fax Me ,,~ Collier Cotmty Health Depanm~ AU0 C, 2 ;~9 P.O. Box 429 Naples, FL 34106-0429 le~rd 14' t~,~.$ f~nn~ie4~c~ Director's Office - 941-774-8210 Suncom 751-~210 Fax (Administration) 941.774.-5653 Compauy:, Phone Number: CC: Number of Pages: ~ (Including this cover page) CONFIDENTIALITY WARNING This transmission may contain material that is CONFIDENTIAL under Federal and Florida StatuTes and is intended to be delivered only to the named addressee. Unauthorized usa of this haformation may be a violatiou of criminal statutes, I~this haformaliou is received by auyone other than the named addressee, the recipient shall immediately notify the sender a/thc address or telephone number above and obtain instructions as to thc disposal thereof. Under n.2o circumstances shall this material be shared, rei~gned or copied by anyone other ~ the named addressee. SEP 1 4t 1999 Pcj. RUG-02-~999 ~0:39 P.02 SERVICES, AU~u~ 2, l~ P.O, ~ 428 ~ ~ ~~ for ~e ~~ ~~ ~ H~ ~ ~ ~. ~ wc ~o~, you ~vc ~ ~~, pl~ f~ ~ ~ ~ ~. cc: Richard Akin D~. Peter Nguyeu Collier County Community Health Care Ad Hoc Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Timothy J. Gillett 06/22/99 05/11/00 1 Year Citizen Representative 3230 Bermuda Isle Circle, #1028 Naples, FL 34109 District: 2 Category: At-Large Mr. Darrell E. Ward 262-7600 6/22/99 05/11/00 1 Year Citizen Representative 3150 LaCosta Circle,//203 Naples, FL 34105 District: 2 Category: At-Large Mr. Matthew Levine 6/22/99 05/11/00 1 Year Citizen Representative 6610 Cuttv Sark Lane Naples, FI~ 34104 District: 3 Category: At-Large Mr. Thomas G. Schneider 6/22/99 05/11/00 1 Year Greater Naples Civic Association 704 Turkey Oak Lane Naples, FL 34108 District: 2 Category: GNCA Sister Judy Dohner 657-4361 6/22/99 05/11/00 1 Year Immokalee Representative 1006 New Market Road West Immokalee, FL 34142 " District: 5 Category: Irnmokalee Friday, August06,1999 Page l of7 ' ~'~'~"' - /-'? ; -~ SEP 1 ~ 1999 Collier County Community Health Care Ad Hoc Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Ed Morton 06/22/99 05/11/00 1 Year Naples Community Hospital P.O. Box 413029 Naples, FL 34101 District: Category: Health Care Representative Dr. Harp' Moon 06/22/99 05/11/00 1 Year Cleveland Clinic 3000 W. Cypress Creek Road Ft. Lauderdale, FL 33309 District: Category: Health Care Representative Dr. Hermes Koop 06/22/99 05/11/00 1 Year Collier County, Medical Society 800 Goodlette Road, North, #200 Naples, FL 34102 District: Category: Health Care Representative Ms. Dorothy Campbell 06/22/99 05/11/00 I Year Senior Friendship Center 811 7th Avenue South Naples, FL 34102 District: Category: Health Care Representative Dr. William Lascheid 06/22/99 05/11/00 1 Year Neighborhood Health Clinic P.O. Box 8087 ., Naples, FL 34101 District: Category: Health Care Representative .......... 'Friday, August06, 199'9 " Page 2 of 7 Pg. Collier County Community Health Care Ad Hoc Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. David Schimmel 06/22/99 05,/11/00 1 Year David Lawrence Center 6075 Golden Gate Parkway Naples, FL 34105 District: Category: Health Care Representative Ms. Elaine Wade 06/22/99 05/11/00 1 Year Florida Nurses Association 76 4th Street North Naples, FL 34102 District: Category: Health Care Representative Dr. Donovan Baumgartner, 06/22/99 05/I1/00 1 Year Retired Physicians Association 506 Wedgewood Way Naples, FL 34119 District: Category: Health Care Representative Mr. Richard Akin 06/22/99 05/11/00 1 Year Collier Health Services, Inc. 1454 W. Madison Naples, FL 34142 District: Category: Health Care Representative Ms. Susan Bello 06/22/99 05/11/00 1 Year Collier County Medical Alliance 451 Flamingo Naples, FL 34108 " District: Category: Community Representative Friday, August 06, 1999 Page3 of 7 Collier County Community Health Care Ad Hoc Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Randy E. Merrill 06/22/99 05/11/00 1 Year Health & Human Services Board 4501 9th Street North Naples, FL 34102 District: Category: Community Representative Mr. Allun Hamblett 06/22/99 05/11/00 1 Year Collier County Public Schools 3710 Estey Avenue Naples, FL 34104 District: Category: Community Representative Ms. Anne Campbell 06/22/99 05/11/00 1 Year League of Women Voters 660 9th Street North, #35B Naples. FL 34102 District: Category: Community Representative Ms. Dorothy Fitch 06/22/99 05/11/00 1 Year League of Women Voters/Altemate 660 9th Street North, #35B Naples, FL 34102 District: Category: Community Representative Mr. Ron Burris 06/22/99 05/11/00 1 Year Health Planning Council of SW Florida 9250 College Parkway, Suite 3 Ft. Myers, FL 33919 District: Category: Advisor AGENDA~.IT~EM No. /6L Friday, August 06, 1999 Page 4 of 7 SEP 1 ~ 1999 Pg- 7 Collier County Community Health Care Ad Hoc Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Mary Cooper 06/22/99 05/11/00 1 Year Mental Health Association 2335 9th Street North, Suite 404 Naples, FL 34103 District: Category: Advisor Dr. Charles Konigsberg, Jr. 06/22/99 05/11/00 1 Year Collier County Health Department P.O. Box 429 Naples, FL 34106 District: Category: Advisor Mr. Mike Davis 643-1777 06/22/99 05/11/00 1 Year Greater Naples Chamber of Commerce 3661 Mercantile Avenue Naples. FL 34104 District: Category: Community Representative Ms. Mireya Louviere 657-3237 06/22/99 05/11/00 1 Year Immokalee Chamber of Commerce 907 Roberts Avenue Immokalee. FL 34142 District: Category: EDC Community Representative 590-1000 06/22/99 05/11/00 1 Year Florida Gulf Coast University 19501 Tree Line Avenue, South Ft. Myers, FL 33965 " District: Category: Community Representative AGENDA, '~rid~ay, A.gu;; 06, 1999 " Page $ of 7 5EP 1 ~ 1999 Collier County Community Health Care Ad Hoc Committee Work P/tone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term 06/22/99 05/11/00 1 Year Florida Healthy Kids Corporation Naples, FL District: Category: Advisor Dr. Richard Woodruff 434-4610 06/22/99 05/11/00 1 Year Naples City Council 735 Eighth Street South Naples, FL 34102 District: Categoo': Community Representative Ms. Pamela Collett 262-2141 06/22/99 05/11/00 1 Year Naples Alliance for the Mentally Ill 660 9th Street North, Suite 32D Naples, FL 34102 District: Categoo': Advisor Mr. Stephen F. Rasnick 403-7884 08/03/99 05/11/00 1 Year Insurance Representative 1021 Spanish Moss Naples, FL 34108 District: Category: Insurance Representative August 06, 1999 Page 6 of 7 Pg._. Collier County Community Health Care Ad Hoc Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 28 member ad hoc committee was established by Resolution No. 99-257 to review existing health care systems in Collier County to determine if adequate access and health care is available to all of the residents of Collier County and, if not, to recommend actions that might be taken to address any lapses in access or coverage. An At-Large member is someone who has an interest in health care and health care access. Established on May 11, 1999 - Terms are 1 year. FL STAT: Staff: Dr. Charles Konigsberg, Jr.: 774-8210 AGENDA ~T,.~'E~ Friday, August 06, 199~ ....... Page 7 of 7 , I .... _IU~ _ SEP 1 ~ 1999 OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on August 10, 2003 on the Collier County Airport Authority. CONSIDERATIONS: This 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. The terms for Eugene Schmidt, Michael Williams and Herbert H. Noren expired on August 10, 1999. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael P. Williams Transportation/ 4 yes Airport Authority International Trade Herbert H. Noren Engineering/ I yes Airport Authority Manufacturing Eugene J. Schmidt Aviation 4 yes Airport Authority George W. Barton, Sr. Financial Planning I yes none COMMITTEE RECOMMENDATION: No recommendations. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment and appoint 3 members to serve 4 year terms, expiring on August 10, 2003 and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 14, 1999 cOLLIER coUNTY AIRPORT AUTHORITY ?_003 tCa'~nsa'~ Drive tRPO/t'/"4, ~ ~es, F\or~da 34114 Dear Mrs. M! aPPlCaCs appear to be qua[ifxed. categories of expe¢kse: Tr~sp°gaf~°n _ lcematkona~ Trade · Gene Sc~dt- ~,,~at~O~ ¢. 1.26. p.O. eo~ 689 C kcpark Roa¢ 650 E. - _._ FL34~39 katee Reg~°na~ Ai~po~ Everglades ~ ~mmo. ~ BoCe~ar¢ 9&~} 695.~778 -~ ~65 At,on ~L34142 (~9~1~ 695-3558 ~mmo~a~ee' r ~cgo~ (94S] 657-9003 2003 Maiosa~ orwe ¢4~ 1 657-9 ~ 91 F~ 041/394-3355 Airport Authority JVame Work Phone Appt'd Exp. Date Term Ho.re Phone DateRe-appt 2ndExpDate 2nd Term Monte Lazarus 02/15/94 08/10/97 3 Years 785 Birch Court 394-4104 8/26/97 08/10/01 4 Years Marco Island, FL 34145 District: 1 Category: Attorney Stephen L. Price 657-3'17'1 08/10/93 08/10/97 4 Years Highway 29, South 8/26/97 08/10/01 4 Years Immokalee, FL 34142 District: 5 Category: Pilot/Businessman Eugene Sct'unidt 09/08/98 08/10/99 I Year 383 Harbour Drive, #205 263-3444 Naples, FL 34 I03 District: 4 Category: Aviation Michael \Villiams 08/10/93 08/10/95 2 Years P.O. Box 413005 - 334 Pirates Bight 566-3374 8/15/95 08/10/99 4 Years Naples. FL 34101 District: 4 Category: Marketing/Logistics MGMT Ernest Spinelli 08/10/93 08,/10/97 4 Years 106 Tuscana Court, #703 353-4'138 8/26/97 08/10/01 4 Years Naples, FL 34119 District: 3 Category: Airport/Engineering Herbert H. Noren z~-t-e//c.: 1)'' 11/05/96 08,,'10/99 3 Years Box 299 / ''? ''J 695-2815 ' ' · . "' '~- t_. District: 5 /k/i~ ¢ ~'~±, r Category: Aviation Richard W. Anderson 08/~6/97 08/10/01 4 Years P.O. Box 337 657-3087 Immokalee, FL 34143 District: 5 Category: Military/Aviation Tuesday, September 08, 1998 Page 1 of 2 SEP Airport Authority ~Yame ~Vork Pho.e Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least -1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. FL STAT: 330 & 333 Staff' John Drury, Executive Director, Airport Authority: 403-2326 ruesda)', September 08,1998 Page2of2 'l 5EP 1999 l MEMORANDUM DATE: July 20, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistant~-~~' , Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisolT committees. Please let me know' if those listed belo~v are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT P. Michael \Villiams ,I ~, 334 Pirates Bight ~ - ~ ~ Naples, FL 34103 O Herbert H. Noren ! /ge 138 Estelle Drive &~-"~ - [ ~'- Naples, FL 34112 O 383 Harbour Drive, #205 " Naples, FL 34103 Thank you for your help. '-~ G E NS),,~D- I~M No., / SEP 1 q lg99 pg. ~ MEMORANDUM DATE: July 20, 1999 TO: John Drury, Airport Authority Executive/, ~rector FROM: Sue Filson, Administrative Assist ta~.""~ ~ Board of County Commissioners RE: Collier County Airport Authority As you know, we currently have vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this authority to submit a resume for consideration. I have attached the resumes received for your review as follows: Michael Williams 334 Pirates Bight Naples, FL 34103 ---- Herbert H. Noren 138 Estelle Drive Naples, FL 34112 Gene Schmidt 383 Harbour Drive, #205 Naples, FL 34103 Please let me know, in v,q:iting within the 41 day time-frame, if the applicants are qualified to serve as members on the authority,, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA I T~l~l SEP 1 q 1999 Michael Williams ~3 334 Pirates Bight, Naples, Fl. 34103 Ph 941-261-4981 Fax:.941-26.!-5092 , June 28, 1999 Board Of Collier Country Commissioners 3301 East Tamiami Trail Naples, F134112 Re: Airport Authority Dear Commissioners, I am extremely interested in continuing to serve on the Collier Country Airport Authority and would like to place my name before you to be re-appointed. Your support has made it possible to witness the tremendous development, progress and growth that has occured. Even though lots has happened this is only the beginning and as we need less and less fi.om the County and start paying back the loans not only will this have been a good economic exercise but will impact people living in Immokalee by helping to bring some diversity to their economy and provide safe viable airports at Marco Island and Everglades City I would like to continue to bring business skills to the Authority so that we can live with our management and growth plans and exceed your expectations. I would appreciate your vote and your confidence ~Y-6~S Sin~rety Michael WiJliams 1999 F'g -_7 Michael Williams P.O.Box 413005, Naples FI.34101. Ph:941-261-4981. Fax:941-261-5092 June 28, 1999 BUSINESS BACKGROUND MANAGEMENT - PLANNING - ORGANIZATION 1992-1999 Business organization and Management Consultant Specialising in forward looking strategic planning. 1988-1992 President and CEO, Harper Robinson Co. & Senior Vice President & Secretary Harper Group (A publicly held transportation and logistics Company) When I joined the Company in 1973 sales were approximately $20 million and when I left had grown to over $450 million. Sales had grown 20 fold with personnel growing only 5 fold. (This was happened, in large part, because the company had a vision and had an ongoing strategic plan that was measured and where people were both rewarded and held accountable for its implentation.) Company went public in 1976 and has been on NSDQ since. My personal business background stressed planning and organization. My philosophy in business and as a consultant since is that to maximise growth and to put order and direction to a company or organisation strategic planning is essential. That plan should be challenging, attainable and measurable. Member: Chairman Collier County Airport Authority: Chairman: Business & Long Range Planning Committee. AGENDA ITJ~M No. __~_~~ S£P 1 4 1999 June 23, 1999 Board of Collier County. Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 RE: Airport Authority Board In response to your notification letter of my term expiration as member of the Collier County Airport Authority, I am definitely interested in being re-appointed for another term. I am impressed with my fellow Board members in their wholehearted efforts in setting a sustained growth policy for our designated airports. These efforts are carried out in an atmosphere of fiscal responsibility that conforms to our long-term plan and budget. It is done with an appreciation of the ongoing support of the Commissioners. The implementation of these policies by John Drury and is staff is exemplary and justifies your faith in our Board. Thank you for considering me for re-appointment for another term to the Collier County Airport Authority Board. I look forward to hearing from you. Sincerely. Herbert H. Noren .A?~ N~A~_~I~ Spg.E P 1 qc _ 1999 RESUME Herbert H. Noren 138 Estelle Drive Naples, FL 34112 793-2916 June 22, 1999 My extreme interest in aviation dates back for many years, even before becoming a private pilot as a teenager. This interest continues to this day. Education: Graduate chemical engineer from Purdue University with post Graduate courses at University of Pittsburgh and numerous management training courses and seminars while with my principal employer, Union Carbide Corporation. While with UCC engaged in manufacturing, pilot plant work, chemical R. & D. followed by years of sales and marketing functions and business management of two large product businesses. This was followed by directing our national accounts program. During these years became very active in association work such as Commercial Director, Society of Plastics Industries. and Ex. VP of National Accounts Marketing Association. I feel this background, coupled with my interest, makes me eminently qualified to effectively serve on the Board of the Collier County Airport Authority. AGEN 5EP 1 I999 GENE .~ZHMIDT 353 HARBOUR DRIVE 205 NAPLES FLORIDA, 34103 June 15, 1999 Sue Filsom Admistrative Assistant Collier Board Of County Commissioners JUN Administration Building 3 3301 Tamiami Trail East ~ ~ ~ CemH~e,aer$ Naples, Fl., 34112 Dear Ms. Fi]son, Thank you for your "Advisory," regarding my eligibility for reappointment to the AIRPORT AUTHORITY. Please enter my name, as a candidate for reappointment to the Authority. It is my understanding that, ifI am reappointed, the term will be four (4) years, to expire during August, of year 2003. I have attached my original resume of August 5, 1998, along with an update for the past year, If you have any questions, please call, 263-3444. For your records, this is also my fax number. I may also be contacted at, emaill (~indsp~g.com. Your assistance is greatly appreciated. chmidt · i.. AG E NI~'A~.~ T~r~l no SEP Pg._. GENE . ..HMIDT 383 HARBOUE DRIVE 205, NAPLES, FLORIDA, 34103 June 15,1999 REFERENCE: Updated Resume. Please note the attached original 1998 resume In September of 1998, the Collier County Board Of Commissioners appOinted me to the Airport Advisory Board, to fill the unexpired term of Mr. George Barron, who had resigned in order to campaign for a seat on the County Commission. It has been an exciting and thoroughly enjoyable year for me. AS with any new challenge, there is a time certain familiarity phase, when one must learn how to best understand and assimilate the complexities of a three airport aviation system. However, because of my previous aviation experience, including a background of airport management, I have been relatively comfortable dealing with those related issues over the past year, notwithstanding the fact that our airports do have some unsettled questions that demand to be addressed, not the least of which are concerns for the environment, safety and economic growth. As you know, some non-aviation related industries, such as the "Incubator Program" and the "Drag Strip" operations need to be nourished and vigorously supported. It is imperative that we continually strive to not only become self-sufficient financially, but to also insure that we will become even more successful in our commitment to serve all of the communities in a safe and r.esgg_nsi.~ way. I share with our Executive Director and other Board Members, a vision, wherein we will not only meet our fiscal goals, but exceed our original projections in a way that will allow us to become one of those rare, governing disciplines, that not only supports itself, but has the ability to return a portion of their earnings to the community. To make these goals possible, our management team and all of our employees are the best in their field. I know of no other comparable group of associates, led by John Dmry, in concert with his management staff, employees and Board Of Directors, better prepared to meet the challenges of the next four years. In that spirit, I am pleased to request reappointment to a full term. I would appreciate meeting with each of the Commissioners and be available to answer your questions. , ~ Schmidt $ EP ! 1999 GENE $£HMIDT 353 HAEBOUE DELVE 205 NAPLES, FLORIDA 3410:3 August 5, 1998 Reference: Attachment to application requesting appointment to the Collier County Airport Authority, for Gene Schmidt. The following is a brief resume of my professional career and public service. 1. Except for time spent in the military during the Korean conflict, my entire professional career was spent with Northwest Airlines, which included various positions as chief Engineer, Pilot Instructor, Check Airman and Test Pilot, retiring in 1988 at the mandatory retirement age for a Boeing 747 Captain. 2. A Naples resident since 1979 3. In 1987 appointed to ser~'e on the first federally funded, FAR part 150 Study tbr the Naples Airport. 4. Appointed to the Naples Airport Authority Board of Directors in 1990 and completed that assignment in 1994. after serving two terms as Chairman. During that period, a new control tower was built, along with numerous projects involving the securing of Federal and State funding and my participation on a variety of aviation related committees. 5. Presently serving as a member of the "Naples Airport Noise Compatibility Committee" and it's "Public Awareness" sub-committee. 6. Currently act as an FAA Safety Counselor for General Aviation, working under the direction of the Miami FAA District Office. 7. Since 1996, have continued as President of the Harbour Drive-Gulf Shore Blvd Association, representing forty nine condominiums and co-opertives, officers and residents. ~ 8. Presently serve on the Presidents Council, {Collier county} and the Presidents Workshop, {Naples}. 9. 1995, became a member of"FOCUS" and served on the FOCUS Roads And Transportation committee from 1996 to March. 1998. , , 10. Past President. "Naples Pilots Association". No. S£F 1 q 1999 Pg July' 6, 1999 The Honorable Timothy J. Constantine, Vice Chairman Collier County Commissioner Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 RE: Re-Appointment to Airport Authority Board .--. Dear Commissioner Constantine: I enjoyed mv recent meeting with you and want to re-emphasize my desire to continue my terms of office with the Airport Authority Board. As the first Chairman of the Collier County Airport Authoritv I think we can all be proud of our accomplistunents and it is mv desire to continue this work we started in 1993. I will be back in town August 16, 1999 from my vacation and would certainly be able to appear if necessary at any of your meetings after that date. If you have any questions, please don't hesitate to contact me at 732-1268. Sincerely, ~ .-O"----F/'-~t'~ , . . Barron, Sr. SEP 1 1999 OBJECTIVE: To confirm the appointments of three members to the Select Committee for Community Character and Appearance - GNCA. CONSIDERATIONS: The Select Committee for Community Character and Appearance - GNCA is a 12 member committee that was created on April 13, 1999 by Resolution No. 99-203 for the purpose of developing a comprehensive urban/rural design master plan for Collier County. A list of the current membership is included in the backup. The resignations of Jeff Perry, Gail Boorman and Terri Tragesser created 3 vacancies. The Select Committee is requesting that the Board of County Commissioners confirm the appointments of the following 3 people to fill the vacancies on the committee: CONFIRMATION CATEGORY Norm Trebilcock Transportation Ellen Goetz Landscape Architecture Carl Kuehner Greater Naples Civic Association FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and confirm the 3 appointments and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 14, 1999 AGENDA ~T~EM S EP 1 199 t Pg. / filson_s From: taylor_a Sent: Wednesday, August 11, 1999 11:32 AM To: filson s Cc: mulh~'re_b; cacchione b Subject: Appointments to the S~lect Committee on Community Character and Design Sue, This is a request by the Select Committee for the Board to consider appointments to the above referenced adhoc committee. The original members were appointed on April 13, 1999 by Resolution 99-203. The three names below have been endorsed by the Select Committee and are replacements for resigned members as indicated: ResiRned Replacement Representation Jeff Perry Norm Trebilcock Transportation Gall Boorman Ellen Goetz Landscape Architecture Terry Tragesser Carl Kuehner Greater Naples Civic Assoc. Could you please prepare an executive summary and place this item on the earliest BCC agenda. Please let me know the date this item will appear and if the original resolution will need to be amended. If there is anything further I can do to facilitate this matter, please do not hesitate to contact me. Thank you for your assistance. Amy Taylor AGENQA I'[EM No.~ Page 1 SEP 1 1999 Pg._ ~ Select Committee for Community Character & Appearance Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Sally Barker 04/13/99 04/13/00 1 Year 141 West Avenue 597-1445 Naples, FL 34108 District: Category: Citizen Gail Boorman (~,5~%r, .qq 263-2242 04/13/99 04/13/00 1 Year 1100 5th Avenue, Southv Naples, FL 34102 District: Category: Professional - Landscape Architect Laura Burke 5144331 04/13/99 04/13/00 1 Year 161 West Avenue Naples, FL 34108 District: Category: Citizen Mike Davis 643-1777 04/13/99 04/!3/00 1 Year 6120 18th Avenue, S.W. Naples, FL 34116 District: Category: Citizen David E. Guggenheim 262-0304 04/13/99 04/13/00 1 Year 1450 Merrihue Drive Naples, FL 34102 District: Category: Professtional - Environment Timothy L. Hancock 403-0223 04/13/99 04/13/00 1 Year 5100 Tamiami Trail North, Suite 158 Naples, FL 34103 District: Category: Professional - Planner Joseph McHarris 495-1000 04/13/99 04/13/0~ 1 Year 3451 Bonita Bay Boulevars, Suite 202 Bonita Springs, FL 34134 District: Category: Professional - Architecture Tuesday, April 20, 1999 Page 1 of 2 . _ SEP 1999 p(:jo '~' Select Committee for Community Character & Appearance Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Samuel V. Noe 659-1013 04/13/99 04/13/00 1 Year 4451 Gulf Shore Blvd., N., Suite 405 Naples, FL 34103 District: Category: GNCA \'C~'°~ 649-4040 04/13/99 04/13/00 1 Year Jeff Perry (.&~, ¢~t, 3200 Bailey Lane Naples, FL 34105 District: Category: Professional - Transportation James Rideoutte 04/13/99 04/13/00 1 Year 1125 Wildwood Lane 649-7926 Naples, FL 34103 District: Category: GNCA Terri Tragesser f'~"q~,~-,~ 04/13/99 04./13/00 1Year ..--- 208 Hickory Road 597-7719 Naples, FL 34108 District: Category: GNCA Susan H. Watts 495-1000 04/13/99 04/13/00 1 Year 3451 Bonita Bav Boulevard, Suite 202 Bonita Springs, FL 34134 District: Category: Professional - Development Created as an ad hoc committee by the BCC on April 14, 1999, Resolution No. 99-203 to oversee the development of a comprehensive urban/rural design master plan for Collier County. Commissioner James D. Carter to ser~e as BCC liaison. FL STA T: Staff: BoB Mulhere: 403-2400 Tuesday, April 20, 1999 Page 2 of 2 SEP lq 1999 Pgo ~ EXECUTIVE SUMMARY APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET TENTATIVE DATES FOR THE HEARINGS OBJECTIVE: To appoint 3 members (County Commissioners) and 2 alternates to serve on the Value Adjustment Board. (This board was formerly known as the Property Appraisal Adjustment Board; the name was changed by Chapter 91-112 of the FL Stat.) CONSIDERATIONS: Each year 3 County Commissioners and 2 School Board members are chosen to serve on this Board to hear appeals on property appraisals. The Property Appraiser's Office is targeting August 16, 1999, as the mailing date for the assessment notices. The actual mailing date will determine the time period in which the heatings must be held. Based on the information we have, it is suggested that tentative dates for the hearings be established as Monday, October 4, Tuesday, October 5, Wednesday October 6, and Thursday, October 7, 1999. The hearings will begin at 9:00 a.m. By law, these hearings must be scheduled prior to October 15, 1999. The deadline to file appeals is September 10, 1999. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the Value Adjustment Board, authorize the Administrative Assistant to contact the School Board to request the names of their representatives, and tentatively set Monday, October 4, Tuesday, October 5, Wednesday October 6, and Thursday, October 7, 1999, as the hearing dates for the Value Adjustment Board. Prepared By: Sue Filson, Administrative Assistant Date: September 14, 1999 1999 County Administrator's Profile A B C DI E F G H I I,J KI L M 1 Communication Skills (Speaking) 1 1 2 Communication Skills (Written) I I 1 3 Creativity 1 1 1 '; 1 1 5 W M .... M M M 4 Executing Strategy 1 I 1 5 ManagingUp 1 1 6 Multiple Focus I 1 7 Analytical Thinking I 1 8 Business Management 1 11 1 Conflict Resolution 1 Flexibility t ' ':~-' 1!14 , M --W WMMtM ~V 11 High Performance Philosophy 1 1 1 12 Information. Gathering 1 1 4 W W M 13 Negotiation 1 1 15 Priority Setting ~ 1 1 : 1 1,-~--41 Wi~A~i MM;u M, 16 Problem Solving 1 1 11 li 17 Responsive 18 Strategic Thinking i 1~ 1' 1} 1 41 Wl Mi N! M: N: 19 Visioning 1' 1 1, 1: -41 W! W! N[ Mi U' ~- 20 Strategies i 1! ' I 1~ 3~ M; M~ Ni M~ N 21 Creating and Articulating Vision 1' 1 1! 22 Empowering Others 23 High Involvement 24 Judgment i 1! 1[ -- ; 1! 3: Mi W-~ Mi M! MI ~-' 25 Leadership 26 Personal Work Standards i 1 14 11 3 Mi W', Wi Mi N" 27 Results Oriented ; 1 1 1 3' N; Mi Mi MI Wi 28 Risk Analysis ' ~ 1 I 1' 3: W, W: W MI N i :~9 Articulating Simplicity 30 General Business 31 Influence ' 11 1 2' N ~, , : I 32 Managing Change 33 One's Own Business 1' ' 1, i 2i ~ , 34 Project Management 1 35 Seeks Feedback f 1 1 36 Selective Involvement 37 Tact 38 Creating Success Conditions 39 Development of Others 40 Expanisve Thinking I " 1! i 11, I N I { i , 4i Networking ' 42 Systems Perspective L { i, 1' i 11 I N I, I i, 43 Team Building 44 Environment Scanning 45 External Focus 46 MOtivating Others ~ , ( - 0 'M { ~- ~7 Resource Deployment 48 Rewarding Performance 49 Risk Taking .i I i -- AGI~'.NDA ! ITEl 50 Technical Specialty [ i I 0 ] , 511 SEP 1 1999 MEMORANDUM DATE: June 15, 1999 TO: Commissioner Pamela S. Mac'Kie, Chairwoman Commissioner Timothy J. Constantine, Vice Chairman Commissioner John C. Norris Commissioner Barbara B. Berry FROM: James D. Carter, Ph.D. Commissioner, District 2 RE: Executive Management Abilities Attached is a list of fifty. (50) defined management abilities applicable to executive management positions. This is a composite from many managerial assessment processes utilized by a wide variety of organizations throughout the United States. The approach is for knowledge experts to review the list and determine which ones apply to the executive(s) in their particular organization. For our purpose we are the knowledge experts (~vhat we expect out of the.job of the County Administrator) as he is our direct report. This is a three step process. Step 1 - The process works by each one of us selecting 30 of the 50 abilities based on our individual knowledge and perception of the job. Once this has been completed we will compile the rankings into a spread sheet format showing the results. This ranking is performed on an anonymous basis. However, since the Sunshine Law may be an issue I suggest each Commissioner initial his/her worksheet. Step 2 , The second part of the process is to review the collective results of step one and have each commissioner rank the reduced list into one of the following three categories. Must Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job but a person can succeed without all of them. Wants are abilities need for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to know but not necessary for the success in the Administrators job. ABE N~A ITEM No' Each Commissioner would place an "M", "W" or "N" next to each ability listed. StP 1 q 1999 Page, bo. f2 Memo - Executive Management Abilities Page 2 of 2 June 15, 1999 I will sham these results so we can workout any necessary adjustments. Also, the County Administrator goes through the same process which will give him the opportunity to discuss this with us. Step 3 - Once this is in place, it's been my practice to write performance objectives for each management ability. Commissioner Berry shared some thoughts with us at our May 25th meeting. This would provide each Commissioner with a basis to interact ~vith the County Administrator. The County Administrator also would review these ~erformance objectives and discuss with us. It provides a framework for consistent evaluation I .r. oe~s, reeardless of who is the Administrator or Commissioner. ~ ~'-'""'~ ~s D.~a~e r 5P h. D. ao~meSm is~ioner, D ist~ici 2 JDC:tlm cc: Robert F. Fernandez, County Administrator NO · ._~_.~--~.~ SEP 1 q 1999 pg..._'~ Profiling for Excellence Analytical Thinking: Discriminates between important and unimportant details, recognizes inconsistencies between facts and draws correct inferences from information. 2. Articulating Simplicity: Effectively and appropriately reduces complex goals or issues, \.Ii tasks and/or problems to a workable set of fundamentals so that others can understand and take action. Business management: Understands the various components of overall business management (financial, administrative, human resources, etc.). Communication Skills (Speaking): Verbally transmits ideas, instructions and information so they are clearly understood by others in formal or informal face-to-face situations. 5.: Communication Skills (Written): Writes clear, concise and grammatically correct memos, letters and instruction that others can easily understand. Conflict Resolution: Deals effectively with people in tense situations and confronts and resolves conflicts immediately without major disruption to work flows or interpersonal relationships. Strategies: Understands strategies such that one can align goals that will support customer direction/needs. 8. Creating and Articulating Vision: Creates a vision for one's area of responsibility and clearly articulates to others the vision, purpose, and goal of his/her'organization relative to expected performance behavior and outcomes. 9. Creating Success Conditions: Establishes a learning environment and philosophy that facilitates successful outcomes through the use of employee involvement, commitment to quality, and continuous improvement activities. Creativity: Originates new ideas or methods; takes decisive action to initiate innovative programs, plans and/or action steps. D evelopment of Others: Identifies individuals' career direction and assists in their development for other jobs or assignments, even if they will be lost to another unit. 12. Environment Scanning: Assess relevant market conditions/change; anticipates required . shifts in business direction and aligns resources before they are needed. t} l 3. Empowering Others: Proactively involves others in planning, decision making and implementation efforts. '. V)' Executing Strategy: Develops the objectives, processes and action plax~, short and long-term strategies. i ' ( Page SEP 1 1999 · Profiling for Excellence 15. Expansive £hinking: Maintains a realistic vision of the goals of government, both now '0-' and in the future and understands how that translates into government unit performance. 16. External Focus: Maintains an awareness of related or competitive organizations and ', ~' uses them as reference points or benchmarks to gauge one's own strategies and actions. //?~7. Flexibility: Quickly and effectively adjusts behavior to meet a goal and/or changing circumstances, e.g., changed work schedules, customer needs, strategic directions of government. 18. General Business: Understands basic business principles in conducting one's duties (e.g. cost benefit, general finance, ROI, depreciation, etc.) and applies the knowledge to ' - achieve objectives· .High Involvement: Invests significant amounts of time, energy and psychological effort in order to effectively manage the government. High Performance Philosophy: Establishes and requires high performance expectations in a way that contributes to government goals while stretching individual performance behavior. Influence: Convinces others to modify their positions in order to reach a mutually beneficial outcome. Information Gathering: Asks the appropriate questions and gathers necessary information which guarantee that all relevant facts will be considered before a decision is made or an action is initiated. Judgment: Using previous experience and skill, sizes-up situations and reaches a decision or chooses a course of action which can be successfully implemented through the use of logic, rational thinking and criteria that may not be qualifiable. Leadership: Effectively works "through" others in order to accomplish objectives or fulfill responsibilities; uses appropriate interpersonal styles and establishes control and follow-up mechanisms. Managing Change: Demonstrates the ability to initiate, adjust, and manage changing conditions, processes or other developments that require a shift from previous approaches to new approaches. Managing Up: Demonstrates the ability to most effectively manage upward vis-h-vis recognizing when to involve the Board, what type and amount of information to share and how best to implement his/her goals and objectives. 27. Motivating Others: Instills in others a desire to achieve challenging obj~ _cti__v_ es through / effective use of goal setting, high expectations, use of rewards, etc. . d" Page 2 of 4 Profiling for Excellence . Multiple focus: Manages a large number, i.e., 10-15, of different and often conflicting objectives, projects or activities at one time. 29. Negotiation: Effectively reaches agreement with others (internal or external to) · ,' wherever trade-offs of a position or opinion may be necessary, e.g., budgets, headcount, proposals, project scheduling or delivery, etc. 30. Networking: Builds strong working relationships with other outside one's team to enlist ~ '~, the support of personnel and resources for accomplishing tasks. /__ . One's Own Business: Thoroughly understands the business one manages, how it fits into the overall company strategy and into the larger marketplace. Organizing and Planning: Organizes and plans work in advance, deciding on the most efficient or convenient manner in which to do assigned tasks or projects, e.g., making plans, assigning personnel and resources appropriately. Personal Work Standards: Establishes high personal work standards and works to achieve them because of internal motivation (pride). Priority Setting: Identifies and separates those tasks that are most important from those that are less important; maintains a clear sense of priorities and a vision of the larger picture. Problem Solving: Analyzes and understands why problems occur; generates creative yet practical solutions and eliminates organizational obstacles. Project Management: Demonstrates effective skill in planning, supervising, monitoring and accomplishing the goals of specific project requirements. Includes balancing the task requirements with relevant people issues within the constraints of schedules and budgets. 37. Resource Deployment: Recognizes when situations call for the deployment of particular .. resources and aligns them with business goals and objectives. .~ Responsive: Quickly responds to requests, ideas and suggestions in a non-defensive way, taking appropriate action that facilitates cooperation and trust. 39. Results Oriented: Demonstrates the ability to get the job done, even if it means working '~ outside the accepted channels - taking uncharted paths (but not to jeopardize the company ' ~ in any way). 40. Rewarding Performance: Recognizes the' need to reward the various ways employees demonstrate commitment to achieve results, e.g., dedication, achievements, attitude, teamwork, continuous improvement, etc. Page 3 of 4 SEP 1 4 1999 Profiling for Excellence Risk Analysis: Evaluates the potenti, ~ assets and liabilities of a project, proposal or strategy in broad-based terms, i.e., not simply financial. 42. Risk Taking: Tal4es risks when the consequences are difficult to predict, when ideas !j~,! may be rejected by superiors or when one's image may suffer if wrong. Seeks Feedback: Seeks, listens to, and accepts feedback from others, and uses it for constructive purposes. 44. Selective Involvement: Recognizes and differentiates those situations where it is more ~ ! appropriate to get involved from those where it is more appropriate to remain at a ' ~' distance. Strategic Thinking: Sees the long-range implications of decisions and develops short- term tactics in light of the political, economic and technological trends likely to affect the organization. 46. Systems Perspective: Understands and takes into consideration how the actions of one ~ L unit will impact or affect other units and the total system. 47. Tact: Demonstrates an appropriate level of tact and diplomacy when dealing with others: '~ '~ creates effective working relationships. 48. Team Building: Builds cooperative relationships within one's management group to ~ ~. enhance overall performance. 49. Technical Specialty: Has developed and demonstrated a high level of accomplishment · ~,~ and a solid track record in at least one related technical area. Visioning: Ivlaintains a realistic vision of the goals of the County and how that translates into action planning. Sees beyond today's environment and predicts future conditions that enable better planning.. S£P 1 999 Page 4 of 4 ~ MEMORANDUM DATE: June 28, 1999 TO: Board of County Commissioners FROM: Sue Filson, Adm~mstrat~ve Ass~s~f/ Board of County Commissioners RE: Executive Management Abilities Attached are 2 spreadsheets analyzing the fifty (50) defined management abilities previously provided to you. For your convenience, I have listed the top 30 in the order they were ranked. You are now ready to complete Step 2, the second part of the process which is to review the , collective results of step one and have each commissioner rank the reduced list into one of the following three (3) categories. Must Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the.job. Want Abilities - Abilities needed for the job, but a person can succeed without all of them. Wants are abilities needed for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to know but not necessary for the success in the Administrators job. Each Commissioner would place an "M", "W", or "N" next to each ability listed. Please initial your sheet before returning for the final ranking. 1 Communication Skills (Speaking) ,~\ 11 11 11 11 li 5 2 Communication Skills (Written) /~,~ 1i 11 1 ] 1 [ 11 5 4 Executing Strategy j .A.,~, 1, 1i 11 li 1' 5 6 Multiple Focus i /~ 1 1' l J 11 1 5 8 Business Management I ,~'~ 11 l j I 1i 1. 4 11 High Performance Philosophy ! ,2~, 1 1' 1: 1' ~ 4 12 Information Gathering , ,v%/' 1 , 1~ 1~ 1 4 13 Negotiation i 'v~' 1 I 1. 1 4 14 Organizing and Planning i ',^vt 1 1. ~ 1 1 4 15 Priority Setting = ~.~,/ 1 1 , 1 1, 4 16 !Problem Solving ~ ¥[,/ 1 1 i 1 1 4 18 Strategic Thinking \ v' 1 1 ; I 1 4 20 Strategies ' i *~ 1 1 1. 3 21 Creating and Articulating Vision k, 'L, 1 1. 1 3 22 Empowering Others ,/'v/ 1 1 1 3 23 High Involvement , ~, '\ 1. 1 1 3 24 Judgment ,&.\ 1 1 1 3 25 Leadership _~ t,,," 1 1 1 3 26 Personal Work Standards . ~,. ~. 1 1 I 3 27 Results Oriented ,,'~./ I 1 1 3 30 General Business t.'l ' 1 . ,, I 2 31 Influence 1 1 2i 32 Managing Change 1 1 2. $3 One's Own Business 1 1 2 34 Project Management I 1 , ; 2 35 Seeks Feedback 1 1 2 36 Selective Involvement I 1 2 37 'Tact : ~ 1 1 .2 38 Creating Success Conditions I 1 I i ~ 1 39 Development of Others i 1 ~ [ , ~ 1 40 Expanisve Thinking I i 1 I I 1 41 Networking ] ~ 1 i I I 1 42 Systems Perspective I ,, I ! li i · 1 43 Team Building i I 1; I ! i 1 44 Environment Scanning ~ i I I I I 0 45 External Focus = ! ! ] I , 0 ~,6 Motivating Others ~ i i J j 0 47 Resource Deployment ' " iI i ; 0 48 Rewarding Performance I i I i i ': 0 49 Risk Taking ! ! ! i ' 0 50 Technical Specialty ' i I i ,~c.O"NDA _[TE~ C~ pg. I I A B ISl~etll D I E I FI G 1 Analytical Thinking 11 1] 11 11 4 ~ 2 IArticulating Simplicity I , 11 1 2 ~'""' 3 IBusiness Management 111 1:, 1' 1 4 ICommunication Skills (Speaking) 1 1! 1 1, 11 Communication Skills (Written) 1t 1: 1~ 1 11 5 Conflict Resolution 11 1 1 1; 4 Strategies 11 1, 1; 3 and Articulating Vision I 1 1 1 3 Creating Success Conditions I 1 ' 1 Creativity 1 1 1 1 1 5 Development of Others 1 : 1 Environment Scanning , 0 Empowering Others ! 1 1 1 3 Executing Strategy 1,, 1 1 1 1 5 Expanisve Thinking ~ 1 1 External Focus i i ~ 0 Flexibility 1 1 : 1 1 4 General Business I 1 2 High Involvement 1 I 1 3 High Performance Philosophy 1 1 1 1 4 Influence 1 1 2 Information Gathering I 1 1 1 4 Judgment I 1 I 3~ Leadership 1 1 1 31 Managing Change 1 1 'Z6 Managing Up 1 1 1 I 1 5 Motivating Others 0 Multiple Focus 1 1 1 1 1 5 Negotiation 1 1 1 I 4 Networking 1 1 One's Own Business 1 1 2 Organizing and Planning I 1 1 1 4 Personal Work Standards 1 1 1 3 Priority Setting 1 1 1 1 4 Problem Solving 1 1 1 1 4 Project Management 1 1 2 Resource Deployment Responsive 1 1 I 1 4 Results Oriented I 1 1 3 Rewarding Performance 0 Risk Analysis 1 1 1 3 Risk Taking 0 Seeks Feedback 1 1, 2 Selective Involvement ' ' ~ i I 1 2 Strategic Thinking ~ 1~ 1 1 1 4 Systems Perspective , ', 1 1 Tact I ! 1 1 2 Team Building i 11 1 Technical Specialty I i 0 Visioning 1' 1; 1 , ! 2,, ' 30, 30' ~3i 30! 301 Page1 SEP 14 1999 /O .. .. Profill.g for Excellence 2, ,4a'tk'ulmttng SJmpUci~. ~~ly ~ ~~y ~m aomPl~ ~g~t (~~, ~i~~, h~ ~~, e~.): V~y m~l~ co~ ~~to~y ~ou~ ~jor ~on to ~rk flo~ or ~~s. C~I n.d ~c~t~g Vbion: Cmatcs a v~ion for one's ~ C~t~g ~ Con~ttons: ~I~ a l~ ~vbo~ent ~d .philo~phy ~ M ~s ~on ~d ~i~ ~ ~o~ ~ ~ ~. NO 5EP ~ ~ 1999 B6/22/1~99 15:36 ?743602 BCC PAGE 03 Profiling for Excellence E,~mmb,~ Tldnkin~ Mainmim a ~c ~st~ of~ 8~ of~v~~ ~ ~w 16. ~ F~: ~~ ~ a~s of ~lat~ or com~fid~ ~ ~~: ~c~y ~ ~~ly ~j~ ~~ Io~. 18. G~ B~: U~~ ~ic ~s ~ipIes ~ ~~ one's d~es (~.l. ~ ~fi~ ~ fi~e. ROI, ~ci~o~ ~.) H~ P~~c~ P~Bosophy: E~bl~ ~ ~qui~s ~ a ~ ~t con~bu~ ~ ~v~l g~ wMle s~lc~ ~dlvid~ p~ffo~ce 21. Ia~u~: C~~ o~ to m~i~ ~ek ~sigc~ in or~r ~ ~h a. mu~ly ~fi~ o~me. 22. lnfo~ ~aflon Ga~~ A~ ~ ap~~ q~o~ ~ ~ nec~s~ ~ or ~ ~on is J~ent: Us~ p~t~ cxp~ ~d skill, s~-up d~ion or ~s a co~c o~ ~tion w~ch c~ be · c ~ o~logic, m~o~ ~ng ~d ~a t~ ~y not bc q~ie. ~flow-up ~~~. M~g Ch~: ~o~ ~e ~i~ ~ ~ti?e, co~o~ p~~ or o~ ~vclopm~ ~ ~m~ a ~ ~ ~om ~hcs ~ ~w ~ m ~p~t ~ ~s nd obj--. 27. M~E ~m: ~Us ~ o~s a d~ m ~eve ~l~g~ obj~i~s ~ugh ~2 of, SEP 1 1999 Sys~ P~p~e~ Un~~ ~d ~ t~o co~idcntion ~w thc ~tions 47. Tact: ~~'~ a~mp~elevel of~ ~ diplo~y when d~ing ~ o~ T~m Build~g: Buil~ c~mivc rel~io~ps ~n 0m's m~~t ~. T~ni~nl S~: H~ develn~ ~d d~o~t~ted a ~gh 1~! of MEMORANDUM DATE: June 28, 1999 TO: Board of County Commissioners FROM: Sue Filson, Administrative Assistah3~' Board of County Commissioners RE: Executive Management Abilities Attached are 2 spreadsheets analyzing the fifty (50) defined management abilities previously provided to you. For your convenience, I have listed the top 30 in the order they were ranked. You are noxv ready to complete Step 2, the second part of the process which is to review the collective results of step one and have each commissioner rank the reduced list into one of the following three (3) categories. Must Abilities - /vjust be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job, but a person can succeed w'ithout all of them. Wants are abilities needed for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to know but not necessary for the success in the Administrators job. Each Commissioner would place an "M", "W", or "N" next to each ability listed. Please initial your sheet before returning for the final ranking. 1999 2 Communication Skills (Written) 1, 1! 1 3 Creativity 1 4 Executing Strategy li 1 5 Managing Up 1 6 Multiple Focus ' 1 4,41 7 Analytical Thinking l j 11 I 1~ , 8 :Business Management § Conflict Resolution 1 10 Flexibility , 11 11 High Performance Philosophy 12 Information Gathering 1;~ Negotiation .. 14 Organizing. and Planning I 1. 1 ! 1 1 4 15 Priority Setting I 1. i' i 1 1~ 4~j 16 Problem Solving 17 Responsive i 1. 1 i 1 1 4 18 Strategic Thinking 19 Visioning 20 Strategies 1 1 1 3 21 Creating and Articulating Vision 22 Empowering Others 1 1 1 3'/'4/' 23 High Involvement 1 ' 1 1 3 24 Judgment 1 ' 1 1 3 25 Leadership 1' 1 1 3 26 Personal Work Standards 1 1 1 27 Results Oriented , 1 1 1 3 28 Risk Analysis 1 1 1 3 29..~Ar~iculating Simplicity ' 1 1 2 ,,,30 General Business 31 Influence I 1 1 2 32 Managing Change 33 One's'Own Business i 1. '" i 1 2 34 Project Management i 1 1 2 35 Seeks Feedback 1' 1 36 Selective Involvement 37 Tact ! , 1 ' 1 ~ 2 38 Creating Success Conditions i , 1 I ' ~ 11 39 Development of Others 40 Expanisve Thinking ! J I I i" I kc/ 41 Networking ! i 1 [ ~ 1 k~ 42 Systems Perspective 43 Team Building 44 Environment Scanning I i J J I 0 45 External Focus ~ ," : i , ; 0 46 Motivating Others , ~ i i i 0 47 Resource Deployment I i I ! i 0 48 Rewarding Performance I I ! i I [ 0 49 Risk Taking I ! ! , 0 ~0 iTechniCal Specialty ,, --Ti Page1 ~ ~' ~ I ~ 1999 1 AnalyticaIThinking 1 1'~ I 1 11 4 2 Articulating Simplicity I[, 1 1~ 2 3 Business Management I 1' I 1{ 1! 4 4 Communication Skills (Speaking) 1 1~ 1' 1!, 1~ 5! ,5 Communication Skills (Written) i 11 1 6 Conflict Resolution i 11 1 ! 1 I 4 7 Strategies ! 1! ! 1 li 1 3 8 Creating and Articulating viSion ] I 1 ! 11 1 3 9 Creating Success Conditions i I I ! i ~ 1 11 Development of Others i 1 i , 1 12 Environment Scanning ! i , : 0 13 Empowering Others i i I : 1 1 3 14 Executing Strategy 1 I 1 1' 1 5 15 Expanisve Thinking ~ i 1 , I 1 16 External Focus i ', i : 0 18 General Business ~ ' I 1 2 19 IHigh Involvement 1, I 1 3 20 High Performance Philosophy i I 1 I I 4 21 Influence 1 1 2 22 Information Gathering 1 I i 1 4 23 Judgment 1 I 1 3 24, Leadership 1 1 1 3 25 Managing Change 1 1 2 26 Managing Up 1 1 I 1 1 5 28 Multiple Focus I 1 1 I 1 5' 29 Negotiation 1 1 1 1 4 30 Networking : : I 1 31 One's Own Business 1 1 2 32 Organizing and Planning 1 1 I I 4 33 Personal Work Standards ' 1 1 1 3 34 Priority Setting 1 1 1 1 4 35 Problem Solving 1 I 1 1 4 36 Project Management ~ 1 1 2 37 Resource Deployment , 0 38 Responsive i 1 1 1 1 4 39 Results oriented i 1 1 1 3 40 ~Rewarding Performance i ' 0, 41 Risk Analysis ! 1 1 I 3' 42 Risk Taking i ! ! i 1 , 0 43 Seeks Feedback . ! ' 1~ 1' i ! i 2 44 Selective Involvement i i ,, 1; ~ 1~ 2, 45 Strategic Thinking i 1! 1 ', 1 1' 4! 46 Systems Perspective I i i 1~,, i 1 47 Tact j ! i 1 ', 1 2 48 Team Building I i I i i ' 1 49 Technical Specialty ! : i, I i 0 51 30! 30, 13i 30~ 30i MEMORANDUM DATE: June 15, 1999 TO.' Commissioner Pamela S. Mac'Kie, Chairwom Commissioner Timothy J. Constantine, Vice C Commissioner John C. Norris Commissioner Barbara B. Berry FROM: James D. Carter, Ph.D. Commissioner, District 2 RE: Executive Management Abilities Attached is a list of fifty (50) defined management abilities applicable to executive management positions. This is a composite from many managerial assessment processes utilized by a wide variety of organizations throughout the United States. The approach is for knowledge experts to review the list and determine which ones apply to the executive(s) in their particular organization. For our purpose we are the knowledge experts (what we expect out of the job of the County Administrator) as he is our direct report. This is a three step process. Step 1 - The process works by each one of us selecting 30 of the 50 abilities based on our individual knowledge and perception of the job. Once this has been completed we xvill compile the rankings into a spread sheet format showing the results. This ranking is performed on an anonymous basis. However, since the Sunshine Law may be an issue I suggest each Commissioner initial his/her worksheet. Step 2 - The second part of the process is to review the collective results of step one and have each commissioner rank the reduced list into one of the following three categories. Must Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job but a person can succeed without all of them. Wants are abilities need for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to knd necessary for the success in the Administrators job. No Each Commissioner would place an "M", "W" or "$" next to each ability listed. .C; Memo - Executive Management Abilities Page 2 of 2 June 15, 1999 I will share these results so we can workout any necessary adjustments. Also, the County Administrator goes through the same process which will give him the opportunity to discuss this with us. Step 3 - Once this is in place, it's been my practice to write performance objectives for each management ability. Commissioner Berry shared some thoughts with us at ou.r May 25th meeting. This would provide each Commissioner with a basis to interact with the County Administrator. The County Administrator also would review these ~erformance objectives and discuss with us. It provides a framework for consistent evaluation I ~s, regardless of who is the Administrator or Commissioner.~ ~ ~ /a/~D.V~e rl Ph.D. ~Commissioner, District 2 JDC:tlm cc: Robert F. Fernandez, County Administrator Profiling for Excellence I. Analytical Thi~.king: Discriminates between important and unimportant details, recognizes inconsistencies between facts and draws correct inferences from information. 2. Articulating Simplicity: Effectively and appropriately reduces complex goals or issues, tasks and/or problems to a workable set of fundamentals so that others can understand and take action. 3. Business management: Understands the various components of overall business management (financial, administrative, human resources, etc.). Communication Skills (Speaking): Verbally transmits ideas, instructions and information so they are clearly understood by others in formal or informal face-to-face situations. Communication Skills (Written): Writes clear, concise and grammatically correct memos, letters and instruction that others can easily understand. 6. Conflict Resolution: Deals effectively with people in tense situations and confronts and resolves conflicts immediately without major disruption to work flows or interpersonal relationships. 7. Strategies: Understands strategies such that one can align goals that will support customer direction/needs. 8. Creating and Articulating Vision: Creates a vision for one's area of responsibility and clearly articulates to others the vision, purpose, and goal of his/her organization relative to expected performance behavior and outcomes. 9. Creating Success Conditions: Establishes a learning environment and philosophy that facilitates successful outcomes through the use of employee involvement, commitment to quality, and continuous improvement activities. Creativity.: Originates new ideas or methods; takes decisive action to initiate innovative programs, plans and/or action steps. I I. Development of Others: Identifies individuals' career direction and assists in their development for other jobs or assignments, even if they will be lost to another unit. I2. Environment Scanning: Assess relevant market conditions/change; anticipates required shifts in business direction and aligns resources before they are needed. 13. Empowering Others: Proactively involves others in planning, decision making and implementation efforts. Executing Strategy: Develops the objectives, processes and action plans to implement short and long-term strategies. - .... ~--~N,~ I~,s~l' Pagel of 4 S[[~. 1 /~ 1999 Profiling for Excellence 15. Expansive Thinking: Maintains a realistic vision of the goals of gover.-ment, both now and in the furore and understands how that translates into government unit performance. 16. External Focus: Maintains an awareness of related or competitive organizations and uses them as reference points or benchmarks to gauge one's own strategies and actions. 17. FlexibilitY: Quickly and effectively adjusts behavior to meet a goal and/or changing circumstances, e.g., changed work schedules, customer needs, strategic directions of govemment. General Business: Understands basic business principles in conducting one's duties (e.g. cost benefit, general finance, ROI, depreciation, etc.) and applies the 'knowledge to achieve objectives. 19. High Involvement: Invests significant amounts of time, energy and psychological effort in order to effectively manage the government. High Performance Philosophy: Establishes and requires high performance expectations in a way that contributes to government goals while stretching individual performance behavior. 21. Influence: Convinces others to modify their positions in order to reach a mutually beneficial outcome. Information Gathering: Asks the appropriate questions and gathers necessary, information which guarantee that all relevant facts will be considered before a decision is made or an action is initiated. 23. Judgment: Using previous experience and skill, sizes-up situations and reaches a decision or chooses a course of action which can be successfully implemented through the use of logic, rational thinking and criteria that may not be qualifiable. 24. Leadership: Effectively works "through" others in order to accomplish objectiv_es or fulfill responsibilities; uses appropriate interpersonal styles and establishes control and follow-up mechanisms. 25. Managing Change: Demonstrates the ability to initiate, adjust, and manage changing conditions, processes or other developments that require a shift from previous approaches to new approaches. .. Managing Up: Demonstrates the ability to most effectively manage upward vis-g-vis : recognizing when to involve the Board, what type and amount of information to share and how best to implement his/her goals and objectives. 27. Motivating Others: Instills in others a desire to achieve challenging objectives through effective use of goal setting, high expectations, use of rewards, etc. - Page 2 of 4 sEP f999 Profiling for Excellence Multiple focus: Manages a large numbe,, i.e., 10-15, of different and often conflicting objectives, projects or activities at one time. Negotiation: Effectively reaches agreement with others (internal or extemal to) wherever trade-offs of a position or opinion may be necessary, e.g., budgets, headcount, proposals, project scheduling or delivery, etc. 30. Networking: Builds strong working relationships with other outside one's team to enlist the support of personnel and resources for accomplishing tasks. 3 I. One's O~vn Business: Thoroughly understands the business one manages, how it fits into the overall company strategy and into the larger marketplace. 32. Organizing and Planning: Organizes and plans work in advance, deciding on the most efficient or convenient manner in which to do assigned tasks or projects, e.g., making plans, assigning personnel and resources appropriately. 33. Personal Work Standards: Establishes high personal work standards and works to achieve them because of internal motivation (pride). 34. Priority Setting: Identifies and separates those tasks that are most important from those that are less important; maintains a clear sense of priorities and a vision of the larger picture. 35. Problem Solving: Analyzes and understands why problems occur; generates creative 3'et practical solutions and eliminates organizational obstacles. 36. Project Management: Demonstrates effective skill in planning, supervising, monitoring and accomplishing the goals of specific project requirements. Includes balancing the task requirements with relevant people issues within the constraints of schedules and budgets. 37. Resource Deployment: Recognizes when situations call for the deployment of particular resources and aligns them with business goals and objectives. 38. Responsive: Quickly responds to requests, ideas and sUggestions in a non-defensive way, taking appropriate action that facilitates cooperation and trust. i R esults Oriented: Demonstrates the ability to get the job done, even if it means working outside the accepted channels - taking uncharted paths (but not to jeopardize the company in any way). 40. Rewarding Performance: Recognizes the need to reward the various ways employees demonstrate commitment to achieve results, e.g., dedication, achievements, attitude, teamwork, continuous improvement, etc. AGEN~-)IT~ No. !L~' ~ 5EP 14 1999 Page 3 of 4 ~ ~ Profiling for Excellence 41. Risk Analysis: Evaluates the potential assets and liabilities of a project, proposal or strategy in broad-based terms, i.e., not simply financial. 42. Risk Taking: Takes risks when the consequences are difficult to predict, when ideas may be rejected by superiors or when one's image may suffer ifxvrong. 43. Seeks Feedback: Seeks, listens to, and accepts feedback from others, and uses it for constructive purposes. ) Selective Involvement: Recognizes and differentiates those situations where it is more appropriate to get involved from those where it is more appropriate to remain at a distance. 45. Strategic Thinking: Sees the long-range implications of decisions and develops short- term tactics in light of the political, economic and technological trends likely to affect the organization. 46. Systems Perspective: Understands and takes into consideration how the actions of one unit will impact or affect other units and the total system. Tact: Demonstrates an appropriate level of tact and diplomacy when dealing with others; creates effective working relationships. 48. Team Building: Builds cooperative relationships within one's management group to enhance overall performance. 49. Technical SpecialD': Has developed and demonstrated a high level of accomplishment and a solid track record in at least one related technical area. 50. Visioning: Maintains a realistic vision of the goals of the Countv and how that translates into action planning. Sees beyond today's environment and predicts future conditions that enable better planning. sEP I h 1999 Page 4 of 4 MEMORANDUM DATE: June 28, 1999 TO: Board of County Commissioners FROM: Sue Filson, Administrative Assist,~7",-/~ Board of County Commissioners RE: Executive Management Abilities Attached are 2 spreadsheets analyzing the fifty (50) defined management abilities previously provided to you. For your convenience, I have listed the top 30 in the order they were ranked. You are now ready to complete Step 2, the second part of the process which is to review the collective results of step one and have each commissioner rank the reduced list into one of the following three (3) categories. h,_!Iust Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job, but a person can succeed without all of them. Wants are abilities needed for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to 'know but not necessary for the success in the Administrators job. Each Commissioner would place an "M", "W", or "N" next to each ability listed. Please initial your sheet before returning for the final ranking. 1 iCommunication Skills (Speaking) 2 Communication Skills (Written) 4 ,Executing Strategy 5 Managing Up 7 Analytical Thinking 8 Business Management 9 Conflict Resolution 11 High Performance Philosophy 12 Information Gathering 14 Organizing and Planning 15 Priority Setting i 11 1 1 1' 4 ~" 16 Problem Solving I 1 1 1 1 4 /,A o 17 Responsive 1 i 1 [ 1 ' 1 4~ A4., 18 Strategic Thinking 1 1 : 1 I 4 ~-- 20 Strategies I 1 13 21 iCreating and Articulating Vision 22 Empowering Others 1 1 1 3 23 High Involvement 1 I 1 3 24 .Judgment 1 1 1 3 25 Leadership 1 I 1 31v~ 26 Personal Work Standards 1 1 1 3 w 27 Results Oriented 1 1 1 3 28 Risk Analysis 1 I 1 -~,~" 29 Articulating Simplicib/ 1 1 2 30 General Business 31 Influence 1 1 2 32 Managing Change , I 1 2 33 One's Own Business 1 1 2 34 Project Management , I 1 2 35 Seeks Feedback 1 1 2 36 Selective Involvement I I 2 37 Tact 38 Creating Success Conditions 39 Development of Others 40 Expanisve Thinking i I 1 I ; , 1 41 Networking~; I ] l~AJ -'~ 42 Systems Perspective t i ' ~ 1: ~ 1 43 Team Building 44 Environment scanning 45 External Focus. 46 Motivating Others ~ , [ 0 47 Resource DeploYment t I : I i ', 0 48 Rewarding Performance 49 Risk Taking i i , I ~ /~0 50 Technical Specialty Page 1 ;FP 1 h 1999 1 Analytical Thinking 1 1 1i 1! 4 ._..J 2 IArticulating Simplicity 1, li / 3 IBusiness Management 1 1 4 ICommunication Skills (Speaking) 1 1 11 1, 1 ........ Communication Skills (Written) 1 1 1! 1 11 5' Conflict Resolution 1 1 ! 1 1 4 Strategies 1 ' 1 1 3 Creating and Articulating Vision 1 ~ 1 1 3 Creating Success Conditions 1 ~ 1 Creativity 1, 1 1 ' 1 1 5 Development of Others 1 ~ ~ 1 Environment Scanning ~ , i 0 Empowering Others i 1 ! 1 1 3 Executing Strategy 1 1 1 1 1 5 Expanisve Thinking 1 ~ 1 External Focus ~ ~ 0 Flexibility 1 1 1 1 4 General Business 1 1 2 !High Involvement 1 1 1 3 High Performance Philosophy 1 1 1 1 4 Influence 1 1 2 Information Gathering 1 1 I 1 4 Judgment 1 1 1 3 Leadership 1 1 1 Managing Change 1 1 2 Managing Up 1 1 1 1 1 5 27 Motivating Others 0 Multiple Focus 1 1 1 1 1 5 Negotiation 1 1 1 1 4 Networking I 1 One's Own Business 1 1 2 Organizing and Planning 1 1 1 1 4 Personal Work Standards 1 1 1 3 Priority Setting 1 1 1 1 4 Problem Solving 1 1 1 1 4 Project Management 1 1 2 Resource Deployment 0 Responsive 1 1 1 1 -4 Results Oriented 1 1 1 3 ,Rewarding Performance 0 Risk Analysis 1 1 I 3 Risk Taking 0 Seeks Feedback 1 1 2 Selective Involvement 1 1 2 Strategic Thinking 1 1 1 1 4 Systems Perspective 1 1 Tact 1 1 2 Team Building li ~ 1 Technical Specialty i i 0 50 Visioning 1 1; t I 1 4 30 30 131 30 30~ ! Page1 .~F? 1 ~t 1999 MEMORANDUM DATE: June 17, 1999 TO: Sue Filson, Administrative Assistant FROM: Pamela S. Mac'Kie, Chairwoman Commissioner, District 4 RE: Executive Management Abilities Please find attached my selections from the fifty (50) defined management abilities list. pattn ~l~,g.'~aZi~i e,,7,Chai~vo/nan - Commissioner, District 4 PSM:cb -- MEMORANDUM DATE: June 15, 1999 TO: Commissioner Pamela S. Mac'Kie, Chairwoman Commissioner Timothy J. Constantine, Vice Chairman Commissioner John C. Norris Commissioner Barbara B. Berry FROM: James D. Carter, Ph.D. Commissioner, District 2 RE: Executive Management Abilities Attached is a list of fifty (50) defined management abilities applicable to executive management positions. This is a composite from many managerial assessment processes utilized by a wide varie .ty of organizations throughout the United States. The approach is for knowledge experts to review the list and determine which ones apply to the executive(s) in their particular organization. For our purpose we are the knowledge experts (what we expect out of the job of the County. Administrator) as he is our direct report. This is a three step process. Step I - The process works by each one of us.~se_lectine 30 of the 50 abilities based on our individual knoxvledge and perception of the job. Once this has been completed we will compile the rankings into a spread sheet format showing the results. This ranking is performed on an anonymous basis. However, since the Sunshine Law may be an issue I suggest each Commissioner initial his/her worksheet. Step 2 - The second part of the process is to review the collective results of step one and have each commissioner rank the reduced list into one of the following three categories. Must Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job but a person can succeed without all of them. Wants are abilities need for ajob, but they are not absolute ' musts. Not Necessary - This is an ability that is not necessary. It's nice to know burn necessary for the success in the Administrators job. NO, Each Commissioner would place an "M", "W" or "N" next to each ability listed. Memo - Executive Management Abilities Page 2 of 2 June 15, 1999 I will share these results so we can workout any necessary adjustments. Also, the County Administrator goes through the same process which will give him the opportunity to discuss this with us. Step 3 - Once this is in place, it's been my practice to write performance objectives for each management ability. Commissioner Berry shared some thoughts with us at our May 25th meeting. This would provide each Commissioner with a basis to interact with the County Administrator. The County Administrator also would review these ~erformance objectives and discuss with us. It provides a framework for consistent evaluation l t:a~s, regardless of who is the Administrator or Commissioner. ~~ ~ /a~D~r, Ph.D. 'Commissioner, District 2 JDC:tlm cc: Robert F. Fernandez, County Administrator A~E NO-~-~ T~..~ SEP lq 1999 Profiling for Excellence 1~. Analytical Thinking: Discriminates between important and unimportant details, recognizes inconsistencies between facts and draws correct inferences from information. Articulating Simplicity: Effectively and appropriately reduces complex goals or issues, tasks and/or problems to a workable set of fundamentals so that others can understand and take action. Business management: Understands the various components of overall business management (financial, administrative, human resources, etc.). Communication Skills (Speaking): Verbally transmits ideas, instructions and information so they are clearly understood by others in formal or informal face-to-face situations. Communication Skills (Written): Writes clear, concise and grammatically correct memos, letters and instruction that others can easily understand. Conflict Resolution: Deals effectively with people in tense situations and confronts and resolves conflicts immediately without major disruption to work flows or interpersonal relationships. ,/7.) Strategies: Understands strategies such that one can align goals that will support customer direction/needs. Creating and Articulating Vision: Creates a vision for one's area of responsibility and clearly articulates to others the vision, purpose, and goal of his/her organization relative to expected performance behavior and outcomes. 9. Creating Success Conditions: Establishes a learning environment and philosophy that facilitates successful outcomes through the use of employee involvement, commitment to quality, and continuous improvement activities. Creativity: Originates new ideas or methods; takes decisive action to initiate innovative programs, plans and/or action steps. 11. Development of Others: Identifies individuals' career direction and assists in their development for other jobs or assignments, even if they will be lost to another unit. 12. Environment Scanning: Assess relevant market conditions/change; anticipates required shifts in business direction and aligns resources before they are needed. ) Empowering Others: Proactively involves planning, decision making and others in implementation efforts. ( Executing Strategy: Develops the objectives, and action plans to implement processes short and long-term strategies. Page 1 of 4 S[~ a q !999 Profiling for Excellence 15. Expansive Thinking: Maintains a realistic vision o~ the goals of government, both now and in the future and understands how that translates into government unit performance. 16. External Focus: Maintains an awareness of related or competitive organizations and uses them as reference points or benchmarks to gauge one's own strategies and actions. Flexibility: Quickly and effectively adjusts behavior to meet a goal and/or changing circumstances, e.g., changed work schedules, customer needs, strateg!c directions of government. 18. General Business: Understands basic business principles in conducting one's duties (e.g. cost benefit, general finance, ROI, depreciation, etc.) and applies the knowledge to achieve objectives. High Involvement: Invests significant amounts of time, and psychological effort energy in order to effectively manage the government. (~ High Performance Philosophy: Establishes and requires high performance expectations in a way that contributes to government goals while stretching individual performance behavior. Influence: Convinces others to modify their positions in order to reach a mutually beneficial outcome. . Information Gathering: Asks the appropriate questions and gathers necessary information which guarantee that all relevant facts will be considered before a decision is made or an action is initiated. 23. Judgment: Using previous experience and skill, sizes-up situations and reaches a decision or chooses a course of action which can be successfully implemented through the use of logic, rational thinking and criteria that may not be qualifiable. 24. Leadership: Effectively works "through" others in order to accomplish objectives or fulfill responsibilities; uses appropriate interpersonal styles and establishes control and follow-up mechanisms. 25. Managing Change: Demonstrates the ability to initiate, adjust, and manage changing conditions, processes or other developments that require a shift from previous approaches to new approaches. Managing Up: Demonstrates the ability to most effectively upward vis-g-vis manage recognizing when to involve the Board, what type and amount of information to share and how best to implement his/her goals and objectives. 27. Motivating Others: Instills in others a desire to achieve challenging objectives through effective use of goal setting, high expectations, use of rewards, etc. - - Page 2 of 4 Profiling for Excellence ~ (/~ Multiple focus: Manages a large number, i.e., 10-15, of different and often conflicting objectives, projects or activities at one time. Negotiation: Effectively reaches agreement with others (internal or external to) wherever trade-offs of a position or opinion may be necessary, e.g., budgets, headcount, proposals, project scheduling or delivery, etc. 30. Networking: Builds strong working relationships with other outside one's team to enlist the support of personnel and resources for accomplishing tasks. 3 I. One's Own Business: Thoroughly understands the business one how it fits into the overall company strategy and into the larger marketplace. manages, Organizing and Planning: Organizes and plans work in advance, deciding on the most efficient or convenient manner in which to do assigned tasks or projects, e.g., making plans, assigning personnel and resources appropriately. Personal Work Standards: Establishes high personal work standards and works to achieve them because of internal motivation (pride). (34.~ Priority Setting: Identifies and separates those tasks that are most important from those that are less important; maintains a clear sense of priorities and a vision of the larger picture. Problem Solving: Analyzes and understands why problems occur; generates creative yet practical solutions and eliminates organizational obstacles. 36. Project Management: Demonstrates effective skill in planning, supervising, monitoring and accomplishing the goals of specific project requirements. Includes balancing the task requirements with relevant people issues within the constraints of schedules and budgets. 37. Resource Deployment: Recognizes when situations call for the deployment of particular resources and aligns them with business goals and objectives. (~ Responsive: Quickly responds to requests, ideas and suggestions in a non-defensive way, taking appropriate action that facilitates cooperation and trust. .' Results Oriented: Demonstrates the ability to get the job done, even if it means working outside the accepted channels - taking uncharted paths (but not to jeopardize the company in any way). 40. Rewarding Performance: Recognizes the need to reward the various ways employees demonstrate commitment to achieve results, e.g., dedication, achievements, attitude, teamwork, continuous improvement, etc. Page 3 of 4 Profiling for Excellence ( Risk Analysis: Evaluates the potential assets and liabilities of a project, proposa~ or strategy in broad-based terms, i.e., not simply financial. 42. Risk Taking: Takes risks when the consequences are difficult to predict, when ideas may be rejected by superiors or when one's image may suffer if wrong. 43. Seeks Feedback: Seeks, listens to, and accepts feedback from others, and uses it for constructive purposes. 44. Selective Involvement: Recognizes and differentiates those situations where it is more appropriate to get involved from those where it is more appropriate to remain at a distance. ~ Strategic Thinking: Sees the long-range implications of decisions and develops short- term tactics in light of the political, economic and technological trends likely to affect the organization. Systems Perspective: Understands and takes into consideration how the actions of one unit will impact or affect other units and the total system. 47. Tact: Demonstrates an appropriate level of tact and diplomacy when dealing with others; creates effective working relationships. 48. Team Building: Builds cooperative relationships within one's management group to enhance overall performance. 49. Technical Specialty: Has developed and demonstrated a high level of accomplishment and a solid track record in at least one related technical area. Visioning: Maintains a realistic vision of the goals of the County and how that translates into action planning. Sees beyond today's environment and predicts future conditions that enable better planning. . vp lq 1999 Page 4 of 4 MEMORANDUM DATE: June 28, 1999 -- -'~--.J TO: Board of County Commissioners . ,//')f FROM: Sue Filson, Administrative Ass~stanty"7 Board of County Commissioner.~.k.:: RE: Executive Management Abilities Attached are 2 spreadsheets analyzing the fifty (50),de.,,C~ne~m_ ~an.~ge. ment abilities previously provided to you. For your convenience, I have list,~the t~ the order they were ranked. You are now ready to complete Step 2, the second part of the process which is to review the collective results of step one and have each commissioner rank the reduced list into one of the following three (3) categories. Must Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job, but a person can succeed without all of them. Wants are abilities needed for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to know but not necessary for the success in the Administrators job. Each Commissioner would place an "M", "W", or "N" next to each ability listed. Please initial your sheet before returning for the final ranking. No o~ .cro 1 h 1999 1 Communication Skills (Speaking) I j~ 11 11 1 11 1i 5¥ "" /. 2 Communication Skills (Written) ~ 1 1: 1 1I 1;, 5 4 Executing Strategy i ~v~ , 11 1, 1; 1! 1 5 7 iAnalytical Thinking 8 Business Management J~ 11 1, i 1! 1 4 9 ConfliCt Resolution'j~ li 1 i 1;~ 1 41 1~' High Performance Philosophy , 1~ 1 1, 1,, 4 12 Information Gathering 1~ 1 1 1 4 13 Negotiation J~ ! 1 1 1 1 4 14 Organizing and Planning~ 1 1 1 1 4 15 Priority Setting 1, 1, i 1, 1 4 16 Problem Solving 1 1 1 1 4 17 Responsive 1. 1 1, 1 4 18 Strategic Thinking , 1 1 ! 1 1 4 20 Strategies ~., 1 1 1 3 2i Creating and Articulating Vision ,'/V'/Vi 1 1 1 3 22 Empowering Others . 1 1 1 3 23 High Involvement 1 1 1 3 24 Judgment /¥~ 1 1 1 3 25 Leadership AV~' 1 1 1 3 26 Personal Work Standards-- '-'=~ 1 1. I 31 27 Results Oriented ,~,' I 1 I 3 28 Risk Analysis : ~,J~\ 1 1. 1 3 29 Articulating Simplicity :/,V,~ 1 1 2 30 General Business . . ,~/'W 1 . 1 2 $1 Influence 1 1 2 32 Managing Change 1 1 2 33 One's Own Business 1 1 2 34 Project Management 1 1 2 35 Seeks Feedback 1 1 2 36 Selective Involvement 1 1 2 37 Tact I i ; 1 1 2 38 Creating Success Conditions ; : 1 [ 1 39 Development of Others i 1' i 1 40 Expanisve Thinking i I 1 i ! 1 41 Networking i 1 ~ ;, 1 42 Systems Perspective [ 11 1 43 Team Building I i 1 i ! ' 1 44 Environment Scanning ', I = I ! ' 0 4'5 External Focus ' I ' i i 0 46 Motivating Others , ! = 0 47 Resource Deployment ~ I ~ ! 0 48 Rewarding Performance I ; i ~ 0 49 Risk Taking I i , i i 0 50 Technical Specialty 5"1 ! 30! 30~ 131 30! 30, Page1 SE~ 14 1999 Pg,~ 1 Analytical Thinking I 11 1 1~ , ] 2 ]Articulating Simplicity i 1 1~ 2 -.-. ~ 3 tBusiness Management 11 1 ! 1, 1 ', 4' 4 ICommunication Skills (Speaking) 1!~ 1' 1 1 1 5 Communication Skills (Written) li 1 1 1 .1 5 Conflict Resolution 1! 1, . I 1 1 4 Strategies · 11 I 1 1 3 Creating and Articulating Vision . · 1 I 1 1 3 Creating Success Conditions 1 ! 1 Creativity 1 1 1 ' 1 1 5 )ment of Others 1 1 !Environment Scanning i 0 Empowering Others ! 1 1 1 3 Executing Strategy 1 1 1 1 1 5 Expanisve Thinking ~ 1 1 External Focus ' 0 Flexibility 1 1 1 1 4 General Business ~ 1 1 2 High Involvement 1 1 1 3 High Performance Philosophy 1 1 1 1 4 Influence 1 1 2 Information Gathering 1 1 1 1 4 Judgment 1 1 1 3 Leadership 1 1 1 3 Managing Change 1 1 2 Managing Up 1 1 1 1 1 5 27 Motivating Others 0 Multiple Focus 1 1 1 1 1 5 Negotiation 1 1 1 1 4 Networking · 1 1 One's Own Business 1 1 2 Organizing and Planning 1 1 1 1 4 Personal Work Standards 1 1 1 3 Priority Setting 1 1 1 1 4 Problem Solving I 1 1 1 4 Project Management 1 1 2 Resource Deployment 0 Responsive 1 1 1 1 Results Oriented 1 1 I 3 Rewarding Performance ; 0 Risk Analysis I 1 1 3 Risk Taking 0 Seeks Feedback I 1 1 2 Selective Involvement i 1 1 2 Strategic Thinking ~' 1 1 1 1 4 Systems Perspective I 1 1 Tact r 1 1 2 Team Building 1 Technical Specialty ~'" E.,~,~~ - 30 30', 13 30 30: Page1 C~ l Z, 1999 MEMORANDUM DATE: June 28, 1999 TO: Board of County Commissioners ,~ ff FROM: Sue Filson, Administrative AssistS5~ ' Board of County Commissioners -'-/ RE: Executive Management Abilities Attached are 2 spreadsheets analyzing the fifty (50) defined management abilities previously provided to you. For your convenience, I have listed the top 30 in the order the>' were ranked. You are now ready to complete Step 2, the second part of the process which is to review the coIIective results of step one and have each commissioner rank the reduced list into one of the ' folk)wing three (3) categories. Must Abilities - Must be possessed by the Administrator to succeed in this position. Critical for success in the job. Want Abilities - Abilities needed for the job, but a person can succeed without all of them. Wants are abilities needed for a job, but they are not absolute musts. Not Necessary - This is an ability that is not necessary. It's nice to know but not necessary for the success in the Administrators job. Each Commissioner would place an "M", "W", or "N" next to each ability listed. Please initial your sheet before returning for the final ranking. t A I B I S etlI D ! E ! F I G 1 Communication Skills (Speaking) I 11 11 11 1 5 2 Communication Skills (Written) 1 II l j 1! 1 5 4 Executing Strategy I li 1, 11 1] 11 5 5 Managng Up i i, li 1i 11 1! 5 6 'Multiple Focus 1; 1~ ' 11 5 7 ~Analytical Thinking 11 1 I 1 ~ 11 4 8 Business Management I 1: 1' ,' 1, 1 ~ 4 9 Conflict Resolution J 1, 1' I 1, 1 4 11 High Performance Philosophy ; 1' 1 1 1 ': 12 Information Gathering i 1 1 1, 1, 4 13 Negotiation I 1 1 1 1 4 14 Organizing and Planning i 1 1 1 I 4 15 Priority Setting i 1' 1 , i' ' 1 4 16 Problem Solving 17 Responsive ..... ~ 1 1 I 1 1, 4 18 Strategic Thinking ; 1 1 i 1 I 4 20 ~Strategies 1 1 1 3 21 Creating and Articulating Vision 1 1 1 3 22 ~Empowering Others 1 1 I 3 23 High Involvement 1 1 1 3 24 :Judgment 1 1 1 3 26 Personal Wor~ Standards 1 1 1 3 27 Results Oriented 1 1 1 3 28 Risk Analysis, 1 1 1 3 29 Articulating Simplicity 1 1 2 30 (~eneral Business .1 , , 1 2 31 Influence 1 1 2 3~ Managing Change 1 1 2 33 One's Own Business 1 1 2 34 Project Management 35 Seeks Feedback 1 1 2 36 Selective Involvement .: ' 1 , 1 2 37 Tact ', , ' 1 1 2 38 Creating Success Conditions ,, 1 i ~ 1 39 Development of Others,' I 1 ,40 Expanisve Thinking i , 1 t ~ I 1 41 Networking, 'i 1 i r 1 42 iSystems Perspective i I i I I 1 43 ~Team Building I ~ 1 [ ! I 1 44 Environment Scanning ~ ~ J j !' i 0 '4S External Focus ~ i , i i ~ ' 0 46 Motivating Others ~ 0 47 Resource Deployment 48 Rewarding Performance J 30i 30~ 13i" 30, 30 N~33 Page 1 A I 1 Analytical Thinking 1 li I l j 11 4 2 Articulating Simplicity ! ! 1t 11 2 3 Business Management I li i 1 11 4 4 Communic~.~ion Skills (Speaking) I 1 1! 1~ li 11 5 5 Communication Skills (Written) i li 1' 1 1 1' 5 6 Conflict Resolution I 11 1, i 1 1! 4 7 Strategies i 1' I 1 1 3, 8 Creating and Articulating Vision I ! 1 ~ 1 1' 3 9 Creating Success Conditions I I 1 I 1 11 Development of Others I 1, ~ ,' 1 12 Environment Scanning ! : 0 13 Empowering Others I i 1 : 1 1' 3 14 Executing Strategy j I 1 1 1 1 5 15 Expanisve Thinking ! 1 ~ 1 16 External Focus I ; : 0 18 General Business ~ 1 1 2 19 High involvement : 1 1 1 3 20 High Performance Philosophy 1 1 1 1 4 21 Influence ; 1 1 2 22 Information Gathering 1 1 1 1 4 23 Judgment I 1 I 3 24 Leadership I 1 1 3 25 Managing Change I 1 2 26 Managing Up I I I 1 1 5' 27 Motivating Others 0 28 Multiple Focus 1 1 1 1 1 5 29 Negotiation I I 1 1 4 30 Networking 1 1 31 One's Own Business I 1 2 32 Organizing and Planning 1 I 1 1 4 33 Personal Work Standards 1 1 1 3 34 I Priority Setting 1 1 1 1 4 35 :Problem Solving 1 1 1 1 4 36 Project Management 1 1 2 37 Resource Deployment r 0 38 Responsive , 1 1 I 1 39 Results Oriented i I 1 1 I 3 40 Rewarding Performance i I ' 0 41 Risk Analysis J 1 I I 3 42 Risk Taking i ; i 0 43 Seeks Feedback ! 1 1 i I 2 44 Selective Involvement I 1 ', 11 2 45 Strategic Thinking,I 1 1 1' 1', 4 46 Systems Perspective,I ,' ' 1 i 1 47 Tact 48 Team Building I i 1' I I I 1 49 Technical Specialty ! I ~ ! ; I 0 51 c ! z, 1999 Page 1 Profiling for Excellence Analytical Thinking: Discriminates between important and unimportant details, recognizes inconsistencies between facts and draws correct inferences from information. G Articulating Simplicity: Effectively appropriately complex goals or issues, and reduces tasks and/or problems to a workable set of fundamentals so that others can understand and take action. Business management: Understands the various components of overall business management (financial, administrative, human resources, etc.). Communication Skills (Speaking): Verbally transmits ideas, instructions and information so they are clearly understood by others in formal or informal face-to-face situations. Communication Skills (Written): Writes clear, concise and grammatically correct memos, letters and instruction that others can easily understand. 6~. Conflict Resolution: Deals with in tense situations and confronts and effectively people resolves conflicts immediately without major disruption to work flows or interpersonal relationships. (7.X) Strategies: Understands strategies such that one can align goals that will support customer direction/needs. Creating and Articulating Vision: Creates a vision for one's area of responsibility and clearly articulates to others the vision, purpose, and goal of his/her organization relative to expected performance behavior and outcomes. 9. Creating Success Conditions: Establishes a learning environment and philosophy that facilitates successful outcomes through the use of employee involvement, commitment to quality, and continuous improvement activities. Creativity: Originates new or methods; to initiate innovative ideas takes decisive action programs, plans and/or action steps. I 1. Development of Others: Identifies individuals' career direction and assists in their development for other jobs or assignments, even if they will be lost to another unit. 12. Environment Scanning: Assess relevant market conditions/change; anticipates required shifts in business direction and aligns resources before they are needed. I~. Empowering Others: Proactively involves others in planning, decision making and implementation efforts. 1~. Executing Strategy: Develops the objectives, processes and action plans to imvlement short and long-term strategi es. ~, ~1[ N~,~ ! Page lof4 5[? 1 /~ Profiling for Excellence 15. Expansive Thinking: Maintai~,s a realistic vision of the goals of government, both now and in the future and understands how that translates into government unit performance. 16. External Focus: Maintains an awareness of related or competitive organizations and uses them as reference points or benchmarks to gauge one's own strategies and actions. 1~. Flexibility: Quickly and effectively adjusts behavior to meet a goal ancVor changing circumstances, e.g., changed work schedules, customer needs, strategic directions of government. 1~. Understands basic business in one's duties General Business: principles conducting (e.g. cost benefit, general finance, ROI, depreciation, etc.) and applies the knowledge to achieve objectives. (~ High significant amounts of time, energy psychological Involvement: Invests and effort in order to effectively manage the government. 20. High Performance Philosophy: Establishes and requires high performance expectations in a way that contributes to government goals while stretching individual performance behavior. 21. Influence: Convinces others to modify their positions in order to reach a mutually beneficial outcome. 2~. Gathering: appropriate questions gathers necessary Information Asks the and information which guarantee that all relevant facts will be considered before a decision is made or an action is initiated. Judgment: Using previous experience and skill, sizes-up situations and reaches a decision or chooses a course of action which can be successfully implemented through the use of logic, rational thinking and criteria that may not be qualifiable. (~ Effectively works "through" others in order to accomplish objectiv_es Leadership: or fulfill responsibilities; uses appropriate interpersonal styles and establishes control and follow-up mechanisms. 25. Managing Change: Demonstrates the ability to initiate, adjust, and manage changing conditions, processes or other developments that require a shift from previous approaches to new approaches. 2~. Managing Up: ability to most effectively manage upward Demonstrates the vis-h-vis recognizing when to involve the Board, what type and amount of information to share and how best to implement his/her goals and objectives. 27. Motivating Others: Instills in others a desire to achieve challenging o1: ~e. fives thr_(?ugh effective use of goal setting, high expectations, use of rewards, etc. AGI[I~p6,_ I TEtt- Page 2 of 4 Profiling for Excellence (~ Multiple focus: Manages a large number, i.e., 10-15, conflicting of different and often objectives, projects or activities at one time. 2~. Negotiation: Effectively agreement or to) reaches with others (internal external wherever trade-offs of a position or opinion may be necessary, e.g., budgets, headcount, proposals, project scheduling or delivery, etc. 30. Networking: Builds strong working relationships with other outside one's team to enlist the support of personnel and resources for accomplishing tasks. 31. One's Own Business: Thoroughly understands the business one manages, how it fits into the overall company strategy and into the larger marketplace. (~ Organizing and Planning: Organizes and plans work in advance, deciding on the most efficient or convenient manner in which to do assigned tasks or projects, e.g., making plans, assigning personnel and resources appropriately. (~ Personal Work Standards: Establishes high personal work standards and works to achieve them because of internal motivation (pride). (34~. Priority Setting: Identifies and separates those tasks that are most important from those that are less important; maintains a clear sense of priorities and a vision of the larger picture. ( Problem Solving: Analyzes and understands why problems occur; generates creative yet practical solutions and eliminates organizational obstacles. 36. Project Management: Demonstrates effective skill in planning, supervising, monitoring and accomplishing the goals of specific project requirements. Includes balancing the task requirements with relevant people issues within the constraints of schedules and budgets. 37. Resource Deployment: Recognizes when situations call for the deployment of particular resources and aligns them with business goals and objectives. Responsive: Quickly responds requests, suggestions a non-defensive tO ideas and in way, taking appropriate action that facilitates cooperation and trust. 39. Results Oriented: Demonstrates the ability to get the job done, even if it means working outside the accepted channels - taking uncharted paths (but not to jeopardize the company in any way). 40. Rewarding Performance: Recognizes the need to reward the various ways employees demonstrate commitment to achieve results, e.g., dedication, achievements, attitude, ~" teamwork, continuous improvement, etc. _ AGEN IT 1 q 1999 Page 3 of 4 Profiling for Excellence ( Risk Evaluates the potential assets and liabilities of Analysis: a project, proposal or strategy in broad-based terms, i.e., not simply financial. 42. Risk Taking: Takes risks when the consequences are difficult to predict, when ideas may be rejected by superiors or when one's image may suffer if wrong. 43. Seeks Feedback: Seeks, listens to, and accepts feedback from others, and uses it for constructive purposes. (~ Selective Involvement: Recognizes and differentiates those situations where it is more appropriate to get involved from those where it is more appropriate to remain at a distance. ( Sees the of decisions and short- Strategic Thinking: long-range implications develops term tactics in light of the political, economic and technological trends likely to affect the organization. 46. Systems Perspective: Understands and takes into consideration how the actions of one unit will impact or affect other units and the total system. Tact: Demonstrates an appropriate level of tact and diplomacy when dealing with others; creates effective working relationships. 48. Team Building: Builds cooperative relationships within one's management group to enhance overall performance. 49. Technical Specialty: Has developed and demonstrated a high level of accomplishment and a solid track record in at least one related technical area. Maintains realistic vision of the of the and how Visioning: goals a County that translates into action planning. Sees beyond today's environment and predicts future conditions that enable better planning. AGENOA I T EIVL, Page4of4 ~i- ! /~ ~.99~} ~.._'EMORANDUM JUL DA TE: July 9, 1999 TO: Commissioner James D. Carter FROM: Bob Fernandez, County Administrator~ RE: Executive Management Abilities Attached is my response to the Profile for Excellence document you provided to me. I have indicated the subjects which I believe are applicable in defining my management abilities as County Administrator. I sincerely hope that this process for evaluating the County Administrator will result in a more effective review and allow the Commission the opportunity to share their thoughts and suggestions. Thank you for the opportunity to participate. RFF/BP ~lttachment Profiling for Excellence :;-' :L' ~/1. Analytical Thinking: Discriminates between important and unimportant details, recognizes inconsistencies between facts and draws correct inferences from inform.,, ation. V2. Articulating Simplici~': Effectively and appropriately reduces complex goals or issues, tasks and/or problems to a workable set of fundamentals so that others can understand and take action. V3. Business management: Understands the various components of overall business management (financial, administrative, human resources, etc.). ~/'4. Communication Skills (Speaking): Verbally transmits ideas, instructions and information so they are clearly understood by others in formal or informal face-to-face situations. '/5. Communication Skills (Written): Writes clear, concise and grammatically correct memos, letters and instruction that others can easily understand. t/6. Conflict Resolution: Deals effectively with people in tense situations and confronts and resolves conflicts immediately without major disruption to work flows or inte/-personal relationships. 7. Strategies: Understands strategies such that one can align goals that wiI1 support customer directior~/needs. 8. Creating and Articulating Vision: Creates a vision for one's area of responsibility and clearly articulates to others the vision, purpose, and goal of his, her organization relative to expected performance behavior and outcomes. ',.' 9. Creating Success Conditions: Establishes a learning environment and philosophy that facilitates successful outcomes tkrough the use of employee involvement, commitment to qua/it.v, and continuous improvement ~acfiviries. 10. Creativity: Originates new ideas or methods; takes decisive action to initiate innovative programs, plans and/or action steps. 11. Development of Others: Identifies individuals' career direction and assists in their development for other jobs or assignments, even if they will be lost to another unit. 12. Environment Scanning: Assess relevant market conditions/change; anticipates req.uired shifts in business direction and atigns resources before they are needed. V 13. Empowering Others: Proactively involves others in planning, decision making and implementation efforts. v/ 14. Executing Strategy: Develops the objectives, processes and action plans to implement short and long-term strategies. - Page I of 4 Profiling for Excellence 15. Expansive Thinking: Maintains a realistic vision of the g,als of goverm'nent, both now and in the future and understands how that translates into government unit performance. v'i6. External Focus: Maintains an awareness of related or competitive organizations and uses them as reference points or benchmarks to gauge one's own strategies and actions. 1//17. Flexibility.: Quickly and effectively adjusts behavior to meet a goal and/or changing circumstances, e.g., changed work schedules, customer needs, strategic directions of goYernment. ytl 8. General Business: Understands basic business principles in conducting one's duties (e.g. cost benefit, general finance, ROI, depreciation, etc.) and applies the knowledge to achieve objectives. ~9. High Involvement: Invests significant amounts of time, energy and psychological effort in order to effectively manage the government. 20. High Performance Philosophy: Establishes and requires high performance expectations in a way that contributes to government goals while stretching individual perfc~rmance behavior. 21. Influence: Convinces others to modify their positions in order to reach a mutually beneficial outcome. x,/22. Information Gathering: Asks the appropriate questions and gathers necessary information which guarantee that all relevant facts will be considered before a decision is made or an action is initiated. x/2/_3. Judgment: Using previous experience and skill, sizes-up situations and reaches a decision or chooses a course of action which can be successfully implemented through the use of logic, rational thinking and criteria that may not be qualifiable. Leadership: Effectively works "through" others in order to accomplish objectives or fulfill responsibilities; uses appropriate interpersonal styles and establishes control and follow-up mechanisms. ,/25. Managing Change: Demonstrates the ability to initiate, adjust, and manage changing conditions, processes or other developments that require a shift from previous approaches to new approaches. l/Q6. Managing Up: Demonstrates the ability to most effectively manage upward vis-g-vis recognizing when to involve the Board, xvhat type and mount of information to share and how best to implement his/her goals and objectives. v~-7. Motivating Others: Instills in others a desire to achieve challenging o~: ectives th.rough effective use of goal setting, high expectations, use of rewards, etc. Page 2 of 4 Profiling for Excellence ,~8. Multiple focus: Manages a large number, i.e., 10-15, of different and often conflicting objectives, projects or activities at one time. g'2'~. Negotiation: Effectively reaches agreement with others (internal or external to) wherever trade-offs of a position or opinion may be necessary, e.g., budgets, headcount, proposals, project scheduling or delivery, etc. 30. Networking: Builds strong working relationships with other outside one's team to enlist the support of personnel and resources for accomplishing tasks. 31. One's Own Business: Thoroughly understands the business one manages, how it fits into the overall company strategy and into the larger marketplace. ,/32. Organizing and Planning: Organizes and plans work in advance, deciding on the most efficient or convenient manner in which to do assigned tasks or projects, e.g., mak/ng plans, assigning personnel and resources appropriately. 33. Personal Work Standards: Establishes high personal work standards and works to achieve them because of internal motivation (pride). 34. PrioriV:' Setting: Identifies and separates those tasks that are most important fi.om those that are less important; maintains a clear sense of priorities and a vision of the larger picture. ,,. 35. Problem Solving: Analyzes and understands xvhy problems occur; generates creative yet practical solutions and eliminates organizational obstacles. V/36. Project Management: Demonstrates effective skiI1 in planning, super',ising, monitoring and accomplishing the goals of specific project requirements. Includes balancing the task requirements with relevant people issues within the constraints of schedules and budgets. 37. Resource Deployment: Recognizes when situations call for the deployment of particular resources and aligns them with business goals and objectives. ,/38. Responsive: Quickly responds to requests, ideas and suggestions in a non-defensive way, taking appropriate action that facilitates cooperation and trust. ,/~9. Results Oriented: Demonstrates the ability to get the job done, even if it means working outside the accepted channels - taking uncharted paths (but not to jeopardize the company in any way). 40. Rewarding Performance: Recognizes the 'need to reward the various ways employees demonstrate commitment to achieve results, e.g., dedication, achievements, attitude, teamwork, continuous improvement, etc. AG. EN~I~ 1 1999 Profiling for Excellence 41. Risk Analysis: Evaluates the potential assets and liabilities of a project, proposal or strategy in broad-based terms, i.e., not simply financial. x//42. Risk Taking: Takes risks when the consequences are difficult to predict, when ideas may be rejected by superiors or when one's image may suffer if wrong. ,//43. Seeks Feedback: Seeks, listens to, and accepts feedback from others, a_nd uses it for constructive purposes. 44. Selective Involvement: Recognizes and differentiates those situations where it is more appropriate to get involved from those where it is more appropriate to remain at a distance. 45. Strategic ThinMng: Sees the long-range implications of decisions and develops short- term tactics in light of the political, economic and technological trends likely to affect the organization. 46. Systems Perspective: Understands and takes into consideration how the actions of one unit will impact or affect other units and the total system. .,,/47. Tact: Demonstrates an appropriate level of tact and diplomacy when dealing with others; -'"'- creates effective working relationships. .J48. Team Building: Builds cooperative relationships within one's management group to enhance overall performance. 49. Technical SpecialB': Has developed and demonstrated a high level ofaccomplishrnent and a solid track record in at least one related technical area. x//50. Visioning: Maintains a realistic vision of the goals of the County and how that translates into action planning. Sees beyond today's environment and predicts future conditions that enable better planning. of' 4 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY PLANNING COMMISSION OBJECTIVE: To appoint 2 members to serve 4 year terms representing Commission Districts 1 and 4 on the Collier County Planning Commission. commencing on October 1, 1999 and expiring on October 1, 2003. CONSIDERATIONS: This 9 member committee assists in the formulation and review of thc Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members arc required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms arc 4 years. A list of the current membership is included in the backup. The terms for Edward J. Oates, Jr., representing Commission District 2; Mike A. Davis, representing Commission District 3; Karen E. Urbanik. representing Commission District 1 will expire on October 1, 1999. There is also a vacancy in Commission District 2 due to thc resignation of Terri Tragesscr. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kenneth L. Abernathy commission district 4 yes none Karen Urbanik (re-appt) commission district I yes CCPC F. Joseph McMackin, II1 commission district 4 yes Comp Plan Ad Hoc A press release has been issued for applicants from the remaining 2 commission districts. COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment; appoint 2 members to serve 4 year terms on the Collier County Planning Commission; and, direct the 'County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners AGENDA I~.M - ~' Agenda Date: SEPTEMBER 14, 1999 SEP lq 1999 Collier County Planning Commission Name IVorl~' Phone Appt'd Exp. Dm' Term Home Phone DateRe-appt 2ndExpDate 2nd Term Michael Pedone 774-3343 07/16/96 10/01/97 1 Year 5174 Mabry Drive 775-,1158 9/23/97 10/01/01 4 Years Naples, FL 34112 District: 1 Category: Commission District. Terri Traeesser i;~5~c3~'~'"' 'b''5t~''5 09/08/98 10/01/00 2 Years 208 Hickory Road 597-7719 Naples, FL 34108 District: 2 Category: Commission District Michael J. Bruet 261-4455 08/15/95 10/01/96 I Year 209 Egret Avenue 592-0027 10/15/96 10/01/00 4 Years Naples, FL 34108 District: 2 Category: Commission District Gary Wrage 657-3171 11/05/96 10/01/00 4 Years 11023 Linnet Lane 592-6154 Naples, FL 34142 District: 5 Category: Commission District Russell A. Priddv 657-6661 09/23/97 10/01/01 4 Years 13213 C.R. 858 Immokalee, FL 34143 District: 5 Category: Commission District Edward J. Oates, Jr. 635 Palm Circle East ~ o? ~,.5" 262-7160 10/10/95 10/01/99 4 Years /..// Naples, FL District:~ Category: Commission District Mike A. Davis 643-~777 09/24/91 10/01/95 4 Years 6120 18thAvenue, S.W. 455-28'18 10/10/95 10/01/99 4 Years / Naples, FL 34116 District: 3 Category: Commission District SEP 1 1999 Collier County Planning Commission ~Vork P/tone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Russell A. Budd 643-6527 09/21/93 10/01/97 4 Years 5960 18th Avenue, S.W. 455-3070 9/23/97 10/01/01 4 Years Naples, FL 34116 District: 3 Category: Commission District Karen E. Urbanik 02/03/98 10/01/99 /,5 Years 1558 Heights Court 643-6058 Marco Island, FL 34145 District: 1 Category: Commission District This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On 09/03/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91-102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. FL STA T: Staff: Robert Mulhere, Planning Services Director:: 403-2300 Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: Bob Mulhere, AICP, Planning Services Date: August 23, 1999 Re; CCPC Vacancies As an advisory board which makes decisions on quasi-judicial land use petitions, the Collier County Planning Commission voted unanimously against making recommendations for specific applicants to fill vacancies on the Planning Commission. Based on my review of the attached resumes and back up material, all of the candidates appear qualified, provided all reside within the appropriate commission district boundaries. I have attached spreadsheet summarizing pertinent information for each of the applicants. cc: Vincent A. Cautero, Administrator Community Development & Environmental Services Division Wayne Arnold, AICP, Director Planning Services Department AGEN6A ITEM 5EP ! 1999 Applicants for Appointment to Collier County Planning Commission Educational Length of Commission Background/Professional Residency In Candidate Name Address District Current Occupation Certification(s) Collier Co. B.A, - Economics, Washington & Lee 4200 Belair Lane, Apt. 108, Univedrsity; Kenneth L. Abernathy Nales, FL 34103 4 Attorney J.D. - Yale Law School 17 Years Co-Owner/Presdient Crystal Tours, Inc (Travek Business) Co- 1558 Heights Court Owner/President Commercial B.A.- Education. Fairliegh Dickinson Karen Urbanik Marco Island, FI 34145 1 Crystal Laboratories, Inc. Universtiy 13 Years 2615 Teasure Court Naples B.A. - Wesleyan University, Middletown Corm F. Joeseph McMackin, III FL,34102 1 Attorney J.D. - University of Miami Law School 26 years 8/23/99 Page MEMORANDUM DATE: August 19, 1999 TO: Robert Mulhere, Planning Services Dir.ector/) ~ FROM: Sue Filson, Administrative Assistant_~yr~--7'- Board of County Commissioners RE: Collier County Planning 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 a resume for consideration. I have attached the resumes received for your review as follows: Kenneth L. Abemathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 .-- Karen Urbanik 1558 Heights Ct. Marco Island, FL 34145 F. Joseph McMackin, III 2615 Treasure Lane Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM SEP 14 1999 Pg · ._._..~ Rug 12 99 09:46p Laura R. Burros 770-929-~361 4200 Belair Lane, Apt. 108 Naples, Florida 34103 August 12, 1999 VIA FACSIMILE 941/774-3602 Board of County Commissioners (Arm: Ma Sue F'~L~o~ Adraiaistrative Assistant) ColYier County Government Center Naples, Florida Ladies and Gentlomm: I would like to apply Ilar appointment to the Collier County planning Commission to fill a vacancy oc, bnm4ag in O~tober 1999. As the attached zesume demons~ates, I have an actiw and abiding interest in civic matteTs in Naples and Collier Cotmty. I r¢c(mtly completed a 3-year term on the Naples Planning Advisory Board, serving during the last year as its vice chabanan. I have been a resident and an elector of Collier County since 1982. Should you r~qui~e further information, I can be reached at 941/263-4295. Sincerely, Kennoth L. Aberaathy SEP lq 1999I BORN: Louisville, Kentucky on December ~, ~933 ~DUCATION~ B.A. in Sconom~cs, W&sblng~on & L~ Un~var- s~ty, Lexington, V~ (1955) J.D. Yale Law SChool, New H&v~l, CT PROFESSIONAL; ~i~e~ to Bar, K~tucky Court of Mili~a~ ~ppeels Phi Delta Phi (pro~oesion~l) (1956) ~eri=an Bar Asmocia~ion (1959-1999) ~ric~ J~ic~ture Society F~deral Bar AssocSa=ion (1970-19B4) U.S, Na~, 1958. 8erred on c~tinuoum ac=ire duty f~= 26 y%m~s until O~ob%r 31, 1984. General's Co~Ds, UeN. SIGNIFICA~ Se~md as Co~iag Offiemr of Navy shore c~ds ~d individuals in Pensacola, U.~. Navy Court of Urimi~l Appeals; Deputy ACTIVITIIt: Dirmctor, Naples Co.oil, U.S. Navy Lea~e; D~rector, Gulfside Condomini~ (V-~ m Sec.); v-P, Gulfshorm Condomini~Amsocimtion; RsnourSJ~n~/Main:~ce Co~ittmm (1992- I]96~ Chairman Co-founder, Secretary, Naples *C~ai~ ~ritum, The Presiders' Council; co-founder, TreasUrer, Napla~ Players Theatre Guild; -Dirmc~or, The Naples PleFers; Me~T,Co~unity Theatr~ Fund Driv~ S%eerlng Ms.er, Naples A~ Association adviso~ BOard Di~c~or, FOC~ Naples pla~ing Advisory B~rd [1996-1999) Vice Chairman (1998-1999) AGENp~,I~M , SEP 1% 1999 pg. ~_ ..08/12/1999 10:07 9416495009 PAGE 92 'F'~I ; V,.L. ~IRTN~' ~ ~1~. : ~'_-~,,~1~95 ;un. f, 4 iDD9 ~2:._.~M ~1 *Director, The David Lawrence Cee=mr for *True=es, Yale Club of 8W Florid~ Chairman, G.N.C.A. He<hCars Task v-p, Harborside Terrace Condominium Assoc. Graduate, ue&dership Collier, Class of MEMBER: The Conservancy; Collier County His~oricsl Socxety; ~raater Naples Civic RsCirld Offlcera Club of Collier County; Fla. True= for Historic PreServa~i.o~; T!a. ~ho_ ~ Beach Preservation Assoc.; Collier County "100" Clu~. RESIDENCE: Resident since '82. Currently live in Park $~ore at Harbor~de Terrace ~nc~m~um, 420~ Belair Lane, ap~. ~05, NaDlss TELEPHONE~ rand ~ax) g41/263-4295~ cellular 941/860-3~00 E-MAIL: klepatt.net FAHILY: Three adult c~lldren living i~ Austin TX, Portland ME and C~ine~t County GA RELIGION: Episcopal *Position presently held 1558 Heights Ct. Marco Island, FL 34145 August 7, 1999 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson: Please add me to list of individuals to be considered for appointment to the Collier County Planning Commission. Since my appointment to the Planning Commission in February 1998, I have enjoyed the process and would be happy to continue serving in this capacity. Best regards, Karen Urbanik AGENDA ITEM .o. ~7~ ~'~ SEP 1 ~ 1999 Pg. /0 Resume Karen Urbanik 1558 Heights Ct. Marco Island, FL 34145 D.O.B 9-24-47 Marital Status: Married Children: 4 Resident of Collier County since 1986 Education: Fairleigh Dickinson University Rutherford, NJ BA cum laude Education 1969 Employment History: 1969-1976 Teacher 8th Grade Jersey City Public Schools Jersey City, NJ Appointed, 1969 1978-Present Co-Owner and Vice-President Commercial Crystal Laboratories, Inc ( Manufacturer of High Technology ) 4406 Arnold Ave. Naples, FL 34104 1994-Present Co-Owner and President Crystal Tours, Inc ( Travel Business ) 4406 Arnold Ave. Naples, FL 34104 Karen Urbanik 1558 Heights Ct. Marco Island, FL 34145 Present and Past Community Affiliations: Collier County Planning Commission Campaign Activities Committee, Collier County Republican Executive Committee Chairwoman, Facilities Search Committee for the City of Marco Island District 1 Representative for the Evaluation and Appraisal Report for the Collier County Growth Management Plan Board Member, Marco Island Fair Water Defense Committee Chairman, Marco Island Vision Planning Committee, Sub-Committee on Education President, Marco Island American Association of University Women Chairman, AAUW Adult Scholarship Committee Chairman, School Advisory Council, Collier County Public Schools Member, Marco Island Taxpayers' Association Member, Marco Island Civic Association Member, Marco Island Residents' Beach Association Member, Tax Action Group of Collier County Member, Women's Republican Club of Naples Partner, Collier County Education Foundation AGEN~A...,IT.,E,M No. /~-/ o,-' Member, San Marco Catholic Church SEP 1 4 1999 Pg. /':~ Elected Office Held' Republican Committee Woman, Precinct 693 ,~.o~ ~" "i .o./~ SPEi 1~ 1999g~ I F. JOSEPH MCMACKIN I!i BARNETT CENTER 4501 TAMIAMI TRAIL NORTH SUITE August 2, 1999 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Collier CounO: Planning Commission Dear Ms. Filson: Enclosed herewith please find a copy of my resume, which I would respectfully request you consider in conjunction with this letter, as an application for the District 1 position on the Collier County Planning Commission for the four (4) year tenn. My home address is: 2616 Treasure Lane Naples, Florida which I believe to be in District 1. Thank you for accepting this application. I am Since, rely yours, /'/F j' . . in III FgM:nek Enclosure f ~"" AGENDA IIEM ~ NC) o_~ F. JOSEPH McMACKIN, III 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 Telephone: (941) 262-5959 Fax: (941) 434-4999 PROFESSIONAL EXPERIENCE 1982 to Present: Founding Partner of QUARLES & BRADY/Naples 4501 Tamiami Trail North, Suite 300, Naples, Florida Practice devoted to financial institutions, land planning, real estate law, government and commercial law. Quarles & Brady is now one of the largest firms in the County. 1977 to 1982: Practiced law as F. JOSEPH McMACKIN III CHARTERED 1207 Third Street South, Naples, Florida Practice devoted to commercial litigation, real estate and trusts and estates. My firm merged with Quarles & Brady on October 1, 1982. 1973 to 1977: Associate, SPINGLER AND ALLEN 837 Fifth Avenue South, Naples, Florida After graduation from law school, I was employed by the firm of Spingler & Allen. The practice was general with trial and appellate work. The firm dissolved on Mr. Spingler's medical retirement in July 1977. Summer 1972: Articled Clerk, BLAKE & RIGGAL, Solicitors 120 William Street, Melbourne, Victoria 3000 Australia Obtained a broad introduction in Australian, Pacific Rim and international law. Summer 1971: Law Intern, SUPREME COURT OF THE STATE OF NEW YORK Mineola, New York During the summer following first year of law school, was selected for participation in the Law Intern Program conducted by the State of New York and Nassau County, under the direction of the Hon. Thomas P. Farley, Administrative Judge of the _ Supreme Court. - AG E N/De~ SE? 1999 Pg ·/~...~-~ BAR ADMISSIONS State Courts: Supreme Court of Florida 1973, Court of Appeals District of Columbia 1975, Supreme Court of Wisconsin 1984 Federal Courts: S.D. Florida 1973, United States Tax Court 1979, M.D. Florida 1991, E.D. Michigan 1995, United States Court of Appeals - Eleventh Circuit 1981, Fifth Circuit 1974, Sixth Circuit 1996 COMMUNITY SERVICE Member, Comprehensive Plan Standards Ad Hoc Committee, Collier County, Florida, 1999 Member, Citizens Advisory Committee on Growth Management, Collier County, Florida, 1997 Member of the Board of Directors, NationsBank, 1997 to 1999 Member of the Board of Directors, Barnett Bank of Naples, a Florida banking corporation, 1987 to 1997 Member of the Board of Trustees, TECH/Sunrise Opportunities of Collier County, 1991 to 1999 , Secretary, Treasurer, Director of the Telford Foundation, 1989-1999 Member, The Florida Bar Grievance Committee for the Twentieth Judicial Circuit, 1991 to 1995 Member, The Florida Bar Unauthorized Practice of Law Committee, 1982 to 1989 President, St. Ann's School Home and School Association, 1985 to 1987 Member of the Board of Directors, Port Royal Property Owners Association, 1983 to 1985 (President in 1984) EDUCATION June 1973 J.D. University of Miami School of Law, Coral Gables, Florida --. June 1968 B.A. Wesleyan University, Middletown, Connecticut _ AGEND& IT.~M QBNAP\l1885.1 2 NO. __~_~__~___ 5EP 1 1999 MILITARY 1968 TO 1970 Lieutenant, United States Navy Active Duty: Navigator, USS HAWKINS DD 873 Deployments: Cuba APOLLO XII Atlantic Recovery Team North Atlantic Treaty Organization Standing Naval Force LECTURER/AUTHOR Bank Administration Institute, "Real Estate and Loan Documentation." Lectures given in Florida, Pennsylvania and Illinois, 1986 to 1989. State Attorney's Office Twentieth Judicial Circuit, "Commercial Law and White Collar Crime," 1986. "Primer on Florida Business Organizations," Vault & Gavel, Journal of the Florida Bankers Association, Spring 1996. SPECIAL PROJECTS English-Spanish Phonetic Dialogue, a phonetic pronunciation system for the arraignment of Spanish-speaking defendants by English-speaking Court personnel. The format has been adopted by the District Court of Nassau County, New York, and the County Court of Collier County, Florida. LANGUAGES German QBNAP\l1885.1 ~ SEP 1999 Pg. /7 THE 'COLLIER COUNTY SCHOi ~ OBJECTIVE: To appoint I member to the Collier County School Readiness Coalition. CONSIDERATIONS: An act relating to school readiness; creating s. 411.01, F.S.; established the Florida Partnership for School Readiness for purposes of administering the School Readiness Program. Each coalition shall have at least 18 but not more than 25 members and one of those members must be appointed by a Board of County Commissioners. The legislation calls for the forming of local coalitions who will direct state funds for Pre-K and subsidized child care, establish a single point of entry with unified waiting lists and establish a universal screening mechanism. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY Barbara Louise Mainster BCC Appointment RECOMMENDATION: The Naples Alliance for Children and the Redlands Christian Migrant Association have both recommended the appointment of Barbara Louise Mainster. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to the Collier County School Readiness Coalition, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 14, 1999 15:~2 NO. 5~ ~1 JUL 2 8 1999 Redlands Christian Mi~ran! Association 402 West Main Street Immokalee, Florida ;34142 Phone: (941)-658-3560 Fax: (941) 658-3571 87/28/99 15:~2 N0.514 Q82 Barbara Louise Mainster 14940 Old Olga Road Ft. Myers, Florida 33905 (941) 694-49,59 Education: Michigan State University- B.S, Degree 1962, Social Sdences Comell University- 30 graduate hours, 1962-1964 Anthropology Employment: October 1972 - Present Redlands Christian Migrant Association, 402 W, Main Street, Immokalee, Florida 34142 Experience: Education Coordinator- 10/72- 10/75 Pmgrarn Coordinator- 10/75- 3/88 Executive Director- 3/88 - present Febru_ary 1971 - September 197.2 Broome Cornmunity College, 901 Upper Front Street, Binghamton, New York 13905 Experience: Program Coorclinator- Early Childhood Education Consultant/Counselor - Head Start Supplementary Training September 1967 - May 19.68 Sodus Point Head Slart Program, Sodus, New York Experience: Teacher Director May 1967 - September 67 O.E.O. - Basic Education for Adult Migrants, Auburn, New York Experience: Teacher (Spanish speaking migrants) Ja~u_ary .19_67 - Ma y_~96_7 O,E.O. - O.A.P, - Opportunities for Broome, Inc., Chenango Street, Binghamton, New York Experience: Consultant, Head Start Parent Involvement Consultant, Family Planning Nc) ,.~ SEP 1 1999 ~?×28×99 15:3~ NO.5~ Barbara Louis Mainster Page Two Resume September 1964 - September 1966 U.S. Peace Corps Volunteer, Arequipa, Peru Experience: "Community Organizer" Nursery School Teacher Family Planning Coordinator General Social Work Affiliations: · Board member of the Flodda Children's Forum · Member of Florida's Reading and Literacy Partnership Committee · Member of Governor's Advisory Council on Farmworker Affairs, 1996 - 1998 · Member of the State Coordinating Council for Early Childhood Services, 1986 -1996 References: Myra Shapiro, Retired Educator 4301 Gulfshore Blvd., N., #401 Naples, FL 33940 Fred Thomas, Executive Director Collier County Housing Authority 1800 Farmworker Way Immokalee, FL 34142 Stephen Price, CEO & President Florida Community Bank 1400 N. 15t" Street Immokalee, FL 34142 Susan Muenchow, Executive Director Florida Children's Forum 2807 Remington Green Circle Tallahassee, Flodda 32308 AGENDA ,~M No./ SEP 1 1999 Pg' ~ Naples Alliance for Children 660 Ninth Street North, Suite 35D Naples, Florida 34102 JI~J~T~ e epnone 941-649-526~ · , :,~ Fax 94 ] -263-8803 ~E~'nJ~a fchild @aol.com BOARD OF DIRECTORS President July 26, ] 999 Myra Shapiro Vice President Ms. Para Mac'kie Lynn Davis Board of Collier Co,mt7 CormnJssJoners Secretap/ ~..301 Tamiami Trail East Martin de St. Pierre Naples, FL 34112 Treasurer LarTy Mumford Dear Pam: Directors Pat Abbott, RN The Naples Alliance for Children (Success bv 6 Affiliate), with the cooperation Anne K. Allen Lynn Ashman of the Pre-K Interagency Council, has taken the lead in facilitating the Ed Ferguson, Ph.D. omanization of the Collier CounW School Readiness Coalition. We thank you Hadan Hansen, Ph.D. ~ Rut~ Hansen, Ph.D. for 3'our cooperation and participation. Kathryn Leib Hunter John Lawson As you know', the School Readiness legislation designates the composition of the Mary Leon Dawn Litchfield local coalitions. Will you please advise us of a Collier County Commissioner Thelma McDaniel desig, nee and forw~d this notice to that representative. - LJnda Morton Minam Silver, Ed.D. The first meeting of the School Readiness Coalition is scheduled for ADVISORY COUNCIL Wednesday, September 8, 1999, from 10:00 AM to 12:00 noon, at Children & Judge Frank Baker FmmlJes. 215 ,North Airport Rd. (corner of Airport and Radio Roads) in Naples. Judge William Blackwell Your attendance at this organizational meeting is vital. Joe Paterno has Judge Ted Brousseau consented to act as interim chair. Dorothy Box Linda Denning Raymond Duncan, MD On behalf of Naples Alliance for Children and the Pre-K Ineraeencv Council. we Judge Cynthia Ellis Lavern Gaynor thank you for yo~ participation. On a personal note. I thank you for your Frances Pew Hayes COLWt¢sy and interest. Your dedication to Collier County's children does not go Jeannie Moran, DMD unnoticed. Please call NAFC at 649-5260 to confirm your attendance. I can be Jean Rawson Melinda Riddle reached at the above number or 263-2544, if you have any questions. Senator Burr Saunters Dulce Villacampa, MD George Wallace Sincerely. Douglas Wilson NAPLES ALLIANCE FOR CHILDREN Bea Harper Dorothy Quinn, MD Myra Shapiro President O SEP 1999 ['i.~'il the Naldes Al~lance.fi: ('hddren Web Site at h/q~: ww'a'.naDlesfia, corn narc Naples Alliance for Children 660 Ninth Street North. Suite 35D Telep~"~te 941-649-5260 .. Fax 94 } -263-8803 ' - :EZmi~l~afchild~aol.com 130ARD OF DIRECTORS President July 26. 1999 Myra Shapiro Vice President Ms. Para Mac'kie Lynn Dav,s Board of' Collier Cotm~' Commissioners Secretary 330! Zamiami Trail East MarlJn de St. Pierre Naples. FL 341 ] 2 Treasurer Larry Mumford Deaz Para: Directors Pat Abbott. RN The Naples Alliance for Children (Success by 6 Affiliate). with the cooperation Anne K. Allen Lynn Ashman Of' the Pre-K Intera,,encv: . Council. has taken the lead in facilitatin,2~ the Ed Ferguscn, Ph.D organization of the Collier Count' School Readiness Coalition. V','e thank you Hadan Hansen. Ph.D for ,,'our cooperation and participation. Ru~ Hansen. Ph.D Kathr,~n Leib Hunter .John Lawson As you knov,', thc School Readiness lemslation desi-,,nates the composition of thc Mary Leon ' ~ Dawn Litchfield local coalitions. Will you pl¢~s¢ advise us of a Collier Counw Commissioner Thetma McDaniel d~Si~lle~ and for~vard this notice to thnt representative. Dnda Morton Mmam SIver Ed ID The firs[ m~ming of the School R~.qdiness Coalition is scheduled t~r /MDVISORY COUNCIL X, Vednesd~y. September ~. l ggg. from 10:00 AM to 1_*:00 noon. m Children & Judge Frank Baker Fmmlics. 215 North Airport Rd. (corner of AirFort and Radio Ro~ds/ m Judge William BIackwell Your attendance .at dfi$ orgmuzntion~l meting is vh~l. Joe Judge Ted Brousseau CO[lS¢l'l[Qd [o ac[ ;3.s ill~er'iJ~l chair. Dorol~y Box L~nda Denning Raymond Duncan. MO On behaJf'of Naples .Alliance for Cluldrcn and the Pre-IL lncmg~ncy Council Judge Cynthia EJlis Lavern Gaynor thallk you for ,,'our pardcip~t/on. On a personal note. I tt~ank you for 5our Frances Pew Hayes COLlrt~s'V and imercst. Your dcdJcntion to Collier Counb,"s children does not Jeannie Moran. DMO unnoticed. Please call *AFC at 04g-5200 to confin~ ,,'our attendance I can Jean Rawson Meiinda Riddle reached at the above number or 203-2544. if you have an.-,' questions. Senator Burr Saunders Dulce Villacampa, MD George Wallace Sincerely. Douglas Wilson NAPLES ALLIANCE FOR CHILDREN Honorary, Board Bea Harper Myra Shapiro -- ~ SEP 1999 ~%'i! lhe Nap/ex AllianceJi : ~ 'tti/dren ff"db Site a/l~/ti>: www.~iap/~ fla.(.'~p~t!ajL' From: MYRA & HY SHAPIRO TO: SUE PHILSON DATE: 8~2~99 TiMe: I :27:46 PM PAgE 1 Of :2 Naples Alliance for Children I~IECLalVEI~eI' 941-263-2544 660 Ninth Streeet North, Suite 35D AIJ8 ~ ~ t~!~Fax: 941-263-880~ Naples, Florida 34102 ._E-nlail:. nafchild@aol.co~,, / ""~1 :~~.~a plesch dd. org i To: Sue Philson IFrom: M~/ra & Hy Shapiro Fax #: 774-3602 I Fax #: 941-263-8803 Company: Board of Commissioners (Pam ITel #: 941-263-2544 !Subject: Sent: 8/2/99 at 1:27:44 PM IPages: 2 (including cover) MESSAGE: Turst this will give you enough information. Please call me at 263-2544 if you need anything else. Myra SEP 1 WinFax PRO Cover Page , P"J ' FROM: MYRA & H¥ SHAPIRO TO: SUE PHILSON DAte: 8~99 TIME: I :27:46 PM PAGE 2 Of 2 ~on~ict: Myra Shapiro 660 Ninth Street No'hi Suite 35D x:A:S President Naples, Flonda 34102 Naples Alliance for -~'~c~e 94'~-263-2544 Phone 941-649-5260 Children Fax 941-26343803 Fax 94'1-26343803 PRESS RELEASE Aucj 2 COLLIER COUNTY SCHOOL READINESS COALITION Die Naples Allimme for Childra] (Success By6 Affiliale), itl cooperation with the lh'e-K lnteraga~cy Council. has taken tile lead h~ fa¢ilitath~g fl~e orsanizafion of tile Collier Counlv School Readhless Coalition. The first meeting of the Collier Cotm~' School Readiness Council is scheduled for ;,Vednesday. September 8. 1999 ti'om 10 a.m. to 12:00 noon at Children & Families, 215 North Airport Road (corner of Airport ,and l~adio Roads, in Naples.) The St:tlc of'Florida Schc×)l Readh~css legislalion dcsi~miates thc composition of[lie local coalitions. Desim~ated lllOlll[')el's of the Collier CotllltV School Readiness Coalition are: Clfildren's Service Providers (Depamnen! of Children & Family $~.,vices Dislric! Admhfislralor m~d appointee). Collier County Super-inly.red,mi of' school s. Collier CottllB,' School Board appointee. Regional xvorkforce direclor. Collier CotllllX' Health Depar~nent director or designee. Child Care licensh~g agency head. Central Clfild Care :mencv admimsn'ator, Collier CounD' Board of Commissioners appointee. Head Start director. Private ctfild care provider representative. Faith-based cltild care provider representqlive. Economic Developmen! Council mid Chmnbcrs ofConunc, cc appoh~lccs. Thc legislation calls for thc forming o£1oc4fl coalitions xx'ho vdll direcl slale timds lbr th'e-K :u~d subsidized clfild care. establish a sulgle pohlt or'entry xx'ilh ratified xx'ailing lisls and establish a universal scree~}g mechmfism. Meetings operate under the Sunslfine Laws and are therefore open to file public. Call Naples ,klli,'mce for Ch/ldr~ at 64%5260 for hffonnation. AG Ng IEHROI,I,EI) EHROI,I,ED 199q I,ec]islaturo ('S f~r ('g/.qB's 3r~6 ~, ~;! and SB ?0B 1999 I,eqisla~ur~ CS for Cg/~B's 366 ~, 382 and SB 708 ] I incentive bonusog to bo awarded; ~e,luirin~ 3 s. 411.01, F.S.; establishing the Florida ] eliqibility cliteria; providing for paront'al 5 of a~intsterlnq the School Readiness Program; 5 and payments; providing for evaluation and 6 providing legislative intent; providing fo~ 1[1o 6 performance measures; providin~ roquiromontn 7 pro,ram to be phased in: providino 7 for fundin~ school readiness proorams; ~ tegponsibilities and duties of ~ho pa~ln,,~nhip; fl requiring tim Office of Proclram Policy Analysis 10 provi(lino that members are subject t~ certain 10 toports; providing responsibility for 11 ethics ~oquiromonts; authn, izi,,~ partnornhjp ll implomontatlon; creating s. 229.5~7, 16 ~eadines~; specifying objectivog to be moamno,I 16 school di~trir?tg; amending s. 216 1~6, F.~.; 1~ requiring the partnership to make 19 Io devolr~p estimates and [orocagts 21 Board of Education; requi~inq ~eports t~) lho 21 specifying the p~incipals of the 22 l,~9islature: authorizino the partnornhip to 22 amending g. 414.026, F.~.; requiring the 23 adopt rules; requiring the establishment of 2~ chairpernon of the Florida Partnornhip for 27 schodul*s; providino for designation and 27 Flo~ ida Healthy Kids Corporation work 28 approval of a fiscal agent; providing fay 2fl cooperatively with the ~chool 29 grants to be provided to coalitions to dovol~p 29 Program; amending s. 411.222, F.S.; abolishing ~ 3~ ~~ool readinoss plans; providing roqut~omonts lO tho Stat~ Coordinating Com~cil for Early 11 [o~ school readinoss plans; providin(i f~)~ 11 Chi Idhood Services; ont abl imping tho Stato I ('oo~dinat inq Council to~ Soho)el l~,,adin~.ss i odut'a! i~mal su('cos~ by patticipatin~ Jn ~luality school 2 Ptc~qtamn; roquirincj tho State co~,linalinq 2 ~oadino~s pro.rams that can better prepare them for 4 a final report; ropoalln~ s 411 222(4l, F S , 4 6 Early f'hildhood Sorvieos; amendincl s. 24~.11~, 9 school ~adi,~ess-related profossio,~s: 9 411.O~?~Et~9~art~3~Esl~!U for School Readiness; 11 roquirinq that the Florida Partnership f,~r I1 {1) SIIORT *tIThE. This section may..be cited as the 13 pt~sitions; authorizing tho lntor-tlni,~or~;ily ] 12} LEGISI,A'rIVE IlITEt]T.-- 14 C~msortium of Child and Family, Studi-s ~o 4 la~___Thff&pgislature 15 develop a model to demonstrate best pratt ices; 5 p~.pgra~_i~Erea?~hilOrei!'s cl}ance~o~_aElti~Ejpq.d~.!Lt~E 16 providin~ that the act doos not impede the 6 educational success and becomin~roduetive members o[ 17 ~tato's abiltl~ to ~ocoive federal fund~: j society._~k_~_U~e_jn~n~g~the l,eqtslature_that_Euc]~ 1~ p~vldinq an appropriation; providinq ~[fecti,:o fl p~og~ams be develoE~tally ~ppropriate, ~earch-based, 19 dates. 9 ~nvolve_pa~e~jt~s~}!pir child's first teach*~, serve as 20 20 pr~vent~ye measures for children at risk o[ [uture school 21 ~'IIIERE~S, th~ voters of tho State of Fl~rida, in tho 21 ~21J~,~lA~qEe~l~e educational readiness o[ el~ible 22 tlovember 1998 General Election, amendod SocLio~l 1 of Articlp 22 ~d~dr~,21!~s~pport~amJ_ly educatior~. Each school readiness 23 IX of the S~ate Constitution to state that it is 'a paramount 23 p?~ram shall provide tl~e elements necessary to pr~re 24 duty of the stato to mako adequate provisioo for the oducat i~n 24 ~Tris~l~ildren [or school, includinq, healtl~ screeninq and 25 of all children r~sidinq within its borde~,' and 25 ~EEa~ a~!~an_apprpprtate educational proqram. 26 I'/IIERE~S, the hegislatur~ r*co~nizes the primacy of 26 {bi It is the Intent of the Legislature that school 27 ~ar~nts as their children's firs~ ~each~rs and tho importaw'o 27 f2p~ip~s~oJr~p_eE~d on a_fu}l-day~y~a~r~d~d~as!~ 2~ of children *nt~rino tb~ education systpm toady to learn, and 2~ to_~he maximum extent .possible to enable parents to work and 29 ~/I{EREAS, tho I.e~islature seeks to assist Darotlts by 29 ~c~m~ftna~)~!~l~y self-sufficient. 1~) providing opportunities for the stat.'s at-~lsk ]0 (c) It ts the intent of the Legislature that. school 31 :~irth ~o klnderqarten population to eohance their ~'hances for tl ~eadinessp_qro rams ...... not__exist as isolated pro. rams, but build ~ 3 4 ~:0~1~:~ :ls st~n are deletions: words underlined a~o additi~,ns U{lIIIN~:%qords stricken a~e doletions; words underlined are additions. Et/ROLl,ED 1999 I,e~lislature C5 for C?,/,qB'S366 & ~f12 and ~l~ 2ual I:uq~,~;*~o,] 1999 l,cqialaturo Cfi fo~ CS/SB's t66 a 382 and SB 208 2nd Enorossed I ~2pon existing s~rvices and work in coo~rat~)jL)zit~L~t~l~ 1 2 programs fo~Eouj~.~hil~ten' ~nd tl!~t scl}ool_la~di!}~ss 2 ~eder~!_~_ljild~are~n~...tax credit~pres,rved for school 3 programs be coc~rdinated and fundin~ i~t~gte~l to achi~v~_f~ll 3 4 effectiveness. 4 (3) SCHOOL READINESS PROG~M.--The school readiness 5 (d) It is the intent o~ the Legislature that ~he 5 ~o ram shall be hased in ....... [~_ 9 ..... p on a coalition-by coalition basis. 6 administrative staff at the state level for school readint~ 6 Each coalition's school readiness program shall have available 7 programs~__ . be ke~t to the mlnim~ necessar. ~to carr out tie .................... Y ..... 7 to_%t~?~d~p~f.~om all the coalition's earl~education and ~ duties of lhe Florida Partnership for School Readiness, as ~Im 8 ~il~_care programs that are funded with state, federal, 9 school readiness programs are to be locally desi~ll~du 9 lotte~..or local funds, including but not limited to Florida 10 ~erated, and managed, with the Florida Partnership_fp[_~9ol 10 Fir~t~_9~rpgra~ Even-Start literacy programs, 11 Readiness ado~tin9 a system for measurin~ school readiness; 11 prekindergarten early intervention pro~rams, Head Start 12 developing school readiness rogram )erformanc~ standards 9 _~___ ~-- } ....... -! ]2 pro rams re rams offered by~u~lic and pri~ate providers of 13 outcome measurements, and data design and review: and 14 approving and reviewin~ local school readiness coaliti~ns~q~ 14 programs, subsidized child care p~o~ams, and teen parent ]5 plans. 15 p[o~r~_ms, togetJle~i~h any additional funds apRropriated or 16 (e) It is the intent of the Le9islature that 16 obtained for purposes of this section. These pro~rams and 17 _appr°__priations- for combined school readines~_~r~qr~hal 1. _ 17 ~!~ir fuqdlqq streams shall be components o~ the coalition's 1~ not be less than the programs would receive in any fiscal ~9[ 18 i~[egrat~d school readiness program, with the goal of 19 on an uncombined basis. 19 RfF~i~g children for success in school. 20 (f) It is the intent of the Legislature that the 20 (4) FLORIDA PARTNERSHIP FOR SCHOOL R~DINESS.-- 21 school readiness pro,ram coordinate and operate in conjujl~ti~j 21 (a) There is created the Florida Partnership for 22 with the district school systems. However, it is also the 22 ~o~ ~eadiness with responsibility [gr ado~tin9 and 23 intent of the Legislature that the school readiness p__q___ro ram 23 maintaining coordinated pro~ra~atic, administrative, and 24 not be construed as part o[ the ~ystem of free ~l~q_~s 24 fi~c_9~licies and standards for all school readiness 25 but rather as a se arate re ram [gf_cJ~!!~r~p -~P ~-~ 25 ~rgc3ram9, while a[lowinq a wide ranQe of pr~ra~atic 26 ~pderQarten el%gibility, funded sepgrately- from the ~stt, mj.~~ 26 ~lexibil~ and differentiation. The partnership is assigned 27 free pnblic schools, utilizing a mandat~~ s]idinq~e~c~le, 27 to the Executive Office of the Governor for administrative 2B ~nd providing an integrated and seamless s~stem of school 28 ~[poses. 29 L~gdi,~!~ s~r~!ces for the state's birth_i~_k!?jierqa~te,~ 29 .{~)l_:__Tl}e Flo~!dg_p~E~gers ip for School Readiness 30 pgpulation. 10 shall include the Lieutenant Governor or his or her desiquee~ l~i-- ~, ~~ 5 'l the C issi f Education, the Secretary of Children and .... ..... 6 C NG:W d r~c~n are deletions; wo~da underlined a~:~, addit iota; ~ ~ .... . COBIN~:Wozds =ericSon are deletions; words underlined ar~ additions £HROLLED 1 Family S~vices, the Secretary. of Health, the chai~i~ers(~n of I {d~ ~embers of the partn~E~hip are su~jegt to the 2 ~?_c~ilt~ C~e~xecEti~g_p~Lt~2e_fshiD Board- ans~ 2 fth~cq p~ovJ~io~_in part III of chap~! 112, and no member 3 c~if~n of the WAGES Program State Boa[d of Ditectots.= { 99~ t_Jerivo a~ financial benefit from the ~unds a~inistered 4 2. The partnershiR shall also include 10 members of 4 ~_ ~he Florida Partnershi[~ for School Readiness. 5 the public who shall bo businesff~c~unit~,_ 8nd~J~ic ~g~fl~3s 5 (e) Membezs of th~p~r~rshi~ shall serve without 6 in the state who are mai elected to [%~b]ic office. These 6 ~ol~pe_ q~a~ion but are entitled to reimbursement for per diem 7 members a,]d their famili~t2~2Qt b~provider~_),}~_early 7 9q~ t~a~l e~penses incurred ~n the performance of their 8 education and child care indust~. The membezs must be B duties as ~rovided in s. 112.061, and reimbursement for other 9 ~oqraphic~lly and demo~raph~qgllY x~tative of the 9 reasonable, necessary, and actual expenses. 10 state. Each member shall be ~ppo~9~ed b~ tt~_~gy~rnor. ~ 10 (f) For the_p~s~s of tort liability, the members of ll of the members shall be appointed from a list of 10 nominees, 11 t~l~_~rtnership and its employees shall be qoverped by s. 12 of which five must be submitted by the President of the Senate 12 76fl.28. 13 and five must be submitted ~y the Speaker of the House of 1] (g; The partnership shall Bppoint an executive 14 R~presentatives. Members shall be ~p_}~?il]ted to 4-yegr terms of ~4 director to serve at fits pleasure who shall perfo[m the duties 15 office. Mowever, of the initial appointees, two shall be ]5 9~s~ned to him or her~h~Ltnership. The executive 16 ~[~ointed to 1-year terms, two shall be ~ointed to ~2~FX~ ]6 director shall be responsible ~o~ hiring, subject to the ]7 terms, three shall be al)pointed to 3-year__terms, and ~hree 17 app~zoval ..... of the partnership, all e~es and~taff members, lfl shall be ~pointed to 4-year terms. Tile members of the IR who shall serve under his or her direction and control. lq partnership_ shall e~ect a chair~Qn annu~!~y' from the 19 (b) For ~poses o~ a~inistratlon of the Federal 20 ll~{]governmental members of th~ne~: Any vgca~~ th? 20 Chi]d Care and Development Fund, 45 C.F.R. Parts 98 and 99, 21 p~rtmersbip shall be filled in the samo manner as~lle~ti~inal 21 tl_3e partnership may be~ desi~na~ed~ t~e Gov~rnqr as the Lead 22 appointment. 22 ~e~nd if so d~siQnated shall com~ with the Lead Agency 23 (c) The partnership shall meet at least quartert~,~n~t 23 ~onsibilitles pursuant to federal law. 24 ma~ meet as o~ten as it deems necessar~ to carr out its ~ _ ....... ~_~ 24 (i) The Florida Partnershi~ for School Readiness is 2q duties and responsibilities. Members of ~b~tn~sh~ll 25 !h~princ~al~r~an~za~ion [es~33s~b]e for ~be enhancement o~ 26 ~rt~cipate without pro~. a~ the q~arter]y meetings. The 26 school readiness for the s~ate's children, and shall: 27 partnership may take o~ficial action by a major~v~te_of_t:~2~ 27 1. Be responsible for the prudent use of all public 28 members~)resent at ~t~at whicl~t2~rum~_~sen~~ 2fl and private funds in accordance with all legal and contractual 29 ~)~ partn~rshi~ shall hold its first_~te_~J~g~y_Oc_ ~g~, 29 ~equirements. 30 1999. ]0 2. Provlde final ~pproval and ~eriodic review o~ 3~ __., 31 coalitions and .plans. 7 ~lN~:~e ~ are deletions; wnrds underlined are additions, fOBlN~:Words ~trick~ are deletions; words undezlined are additions. lq99 l,.<]islature (',q for C'S,/~B's 366 ~ ~2 and ~t~ ~()~ 1~99 l,eclislature C~ for CS/SB's 366 & 322 and SB 70~ 1 3. Provide ]eddershi~ ~or enhaucement of school 1 )earliness ~rams in order to identi~strat~qies for 2 readiness in this state.~Laggre~six~J~ est~lishj~jrj, a~nified 2 Epn[int~d~cEes~fu~ s~u¢J~q[ pe~pr~a[~c~- 3 ~p~oa¢'h to the state's efforts toward enhancement of scherzi 3 9. By~ June 1, 2000, devel~p(~ adopt performance 4 readiness. In ~npport of this effort, rheA{at tilEt s;t[~p~ay 4 standards and outcome measures. 5 develop and im lemene s ecific strate les that addre~ ...... ~m~ ..... p ......... q_-.__ _~ _ ~:,.. ~ 5 10~In~pnsult~[io~wi~h t~p)~tjxcoq~E7_~UXati~u 6 state's school r~adinoss programs. 6 ~lanj~j~ Co~!E.~ou and the Education Standards Co~ission, ~ 4. Safeguard th~ ef[ective uso of fodera12_sCate: 7 aspes~tl~pErt~i2t~f_public and fl local, and private resources to achieve the hjqh~st.p[os~I21E a postseconda~ institutions in the areas or inianL and 9 level of school readiness rot the state's children. 9 de~[opmegtal ~esearch; the related curriculum o[ 10 5. Provid~ technical assistanc* to coalitions. 10 __ E~reer, and academic pE~qr~msi~n~ t~!jta~uj.~(~rti 11 6. Asses in service. 11 amo~9 t~os~r~gra~s. Based on this assessm*nt, 12 7. provide technical assistance~%~_Smuti~:).that_[o~m 12 p~rtn~r_~jp s~l~ provide recommendations to the Governor and 13 a multiconnt~ coalition, 11 tho L~9lslature for~ostsecondary progEam i~rovements to 14 8.a~ B7 Ou!L 1, 2000. ado~.sDte~ [~r~eaEtjr_~nq 14 enhance school readiness initiatives. 15 school readiness that provides ~bjectiue djt9 ~a[d~p~_th~ 15 ~j}~12~_p~Ett~[~}~m~y_ad~[ rules necessary t~ 16 expectations for school readiness, and establish a method fo~ 16 administer the l)rovisions of this section which relate to 17 collecting the data and_~uide[ines for usinq_t~ d~t~_TI}~ 17 p[~p_ari_gq_gnd imple~en~in~e s~stem for school readiness, 18 measurement, the data co[Iection, and the use of the data must 18 collecting dat~, approuin~ loca_~, school readiness coalitions 20 determining which data to collect should be the usefulness ¢~ 20 two or more counties, awarding incentives to coalitinns, and 21 the data to state polic~akers and local_~ia9 21 i~uinQ w~iuers. 22 administrators in a~inisterin~r~grams and allocatinu state 22 (k} The Florida Partnershi~ for School Readiness shall 23 funds, and must include the tracking of school readiness 23 have all powers necessary to carry out the pu~oses of this 24 ~stem ~nformation back to individual school readiness 24 ~ct~pq, i~c!~~ but not limited to, the power to receive 25 pro, rams to assist in determinlng_p~zam effectiveness. 25 anq_ ~ acc_ ~pt ~rants, loans, or advances of funds from any pub~i~ 26 b. By December 31, 2000, the artnership shall also P _ , ..... ~_ 26 or private a~cy and to receive and accept from a~ourc~ 2~ ~ad°pt a system for evaluating the performance of students_ ~__ 27 contributions et mone__~, ~ro ert~ ~.,labor or.~_yan other ttling___~of 28 throush the third ~rade Lo compare th~zformance of those 2B valu_ e, to ~e held, used, and applied ~or_~h~ p1~rposes of this 29 w~]o~rticipated ip school readiness prog[am_ s~w~.~}~tll~ 29 section. 30 performance of students who did no~_t~ate in school 30 (1) The Florida Partnership for School Readiness shall ~1 31 be an independent, nonpartisan body and shall iici be 9 ~[N~o~ st~ are deletions; wo~ds ~derlin,,d ar~ additions. C~D[N~:Words ~tri~en are d~letions: words nnderlined are additions. ) ) ) ~IIROLLED EtlROiA,EI) 1999 Lec]islature CS for CS/S~'~ 366 k 382 and ~B 708 1999 l,egislatu,e CS for CS/SB's 366 ~ 382 and SB 708 1 identified or affiliated with aoy one a~lenc, ~o Iam o~ ~l ~ __--, ~_ i 12. The child's followin~ of verbal directions. 2 9~ o~.~:_ 2 ~ .~)~%ch i~ ~ 2~. jt~pons t r9 t i2R_9 f~U r_ ioFitL 3 (m) The Florida PartnershiE for S~:hool Rpadinoss ~hall ) porsiste~ce and exp orator behavior 4 have a budget, shall be financed throuql2 ~p2nnqai 4 14. The chi]d*s interest in books and other printed 5 a ro riation made for this pu~ in the General _~prop . ~__ _ S materials. 6 Ap~2p~iations Act, at~d shall be subject to com21iance audits 6 15. The child's pa~attention to stories. 7 and annual financial audits ~ th~ Au~itor~nq~9.L. 1 19.~13e__ct!ild2~l?rti~!pation in art and music 8 {n) The partnership shalt coordinate the et~orts ~ activities. 9 toward school readiness in this state an~provide independent 9 17. The child's abilit~ to identify colors, 9eometric 10 ~91icy analyses and reco~endations to the GqK~p~,~tl3e_Sta~ 10 2~apes, letters of the ~lphabet, numbers and_Kpatial and 11 Board o~ Education and the Legislature. 11 ~oral relationshi~ 12 o) B July 1 2000 the artnerMd shall pre a~e .... ~ .... " --- ...... P P--- _ P__ 2 ..... 12 .{~)~b~_p~tn~rsh~p shall pt~par~t~l~f~ 13 submit to the State Board of Education a system tar measurJn~ 11 )~lementi~Fystem for measuring school readiness in such 14 school readiness. The ~ystem must include a uniform screenin~z. 14 a ~a~3t all children in this state will undergo the uniform 15 which shall provide objective data re~rdin9 th3 tallowing 15 scr~e~i~9- established_~ the par~ when they enter 16 expectations for school readiness which shall include, at a 16 ~inde~arten. Children who enter public school for the first 17 minimum: 17 time in first ~rade must undergo a uniform screening approve_ d 18 1. The child's i~unizations and other health 18 by tt~rt3ership for use in first grade. Because children 19 requirements as necessary, including_ app~ppriate vision and 19 with disabilitles may_n~qt be able to meet all of the 20 heari~creeqinq and examinations. 20 identified expectations for school readiness, the plan for 2I 2. The child's physical developn~e~t. 21 measurin9 school readiness shall incorporate mechanisms for 22 3. The child's compliance with rules, limitatioos, and ~ reco nizin the potential variations in expectations for 23 routines. 23 school readiness when servinq children with disabilities and 24 ~Th~_chi~d~p~b~_i~y to pe~m_~asks~ 2,1 phalLp~eyid~pr co~unities to serve children with 25 5. The child's interactions with adults. 25 disabilities. 26 6. The child's interactions with peers. 26 J~ The partnership shall reco~emd to the Governor, 27 7. The child's ability to cope with challm~ges~ 27 the Co~u, issioner of Education, and the State Board o~ 28 8. The child's self-helR skills. 28 Education rules, and revisions or repeal of rules, which would 29 9. The child's obilit~o mxpress his or her needs. 29 increase the effectiveness of pro rams that re are children zu 10. The child's verbal co~unication skills. 30 for school. 31 11. The child's problem-solving skills. 31 Q f0[ ~:~ ds ~tz~c~ are d~letions; words nnderlined a~e additions. (~0~lN~:Words ~trick~, are deletions; words underlined are addition~. ENROLLED 1999 l,eqislatu~e C'~; for CS/SB's ]GG & 382 ,md SB 10a ~2~t____[ shall conduct studies and ~lanninc _.i .... ~ develo_12ed and i_mplemented, the~hi~2_must cnnsult with 2 activities related to tile overall im)rovem_e_!qt 9n_d- ...... . --~- -- 2 re re~entatives _ .P ~ .... . of district school sY~_t_e~ms_~.~_oviders of - 3 ;ul)l ic and riva 12 .......... 1) te chi ld care, health care provi(t9~~ 4 (s) _B~y_~2brugr_~, 2000 the artne~hi "hall ' .... aud small em 1o ers, ex erts in 5 with tile Office of tile Comptroller [or electronic f~ s --em--~2 Z____~ education for children with 6 transfer. 5 disabilities, and ex~erts in child develo~pment~. 7 (t) By February 1 2000 the partner hi ) ,hall p~es~mt -- · -;-: -' - 5 L ~ _ . 7 {a) School readiness coalitions. 8 to the Leclislature a plan for combinin lundin streams f)r fl 1. If a coalition,s jDlan would serve less than 400 9 birth-to kin~ge children, the coalition must either 10 (u) The partnershi~ shall establish rocedt r~s for -- ~ro__ - - 10 joio with another coun_q~y to form a multi-county coalition, 11 p~rformance based bud_g._eting in school readiness ]~__~ .... I enter an a_i/reement with a fiscal a9eut to serve more thau one 12 (v) The artnershi ) -_P_9 .... __t_shall submit an annual ~ort of 12 coalition, or demonstrate to the partnership~its abilit to i3 its activities to the Governor, the executive director of the ..... ~ to 14 Florida Health~orporation, the President of the Senate 13 effectively and efficientl~mplement its plan as a 15 the S e~_~_er of the House of Rep/~sentatives, and the minoritt' 14 s_ingle-coun_ty_ coalition and meet all r~eg~Lir~ed~AOerformance 16 leaders of both houses of the Legislature. In additiou, the 15 standards and outcome measures. 16 2. Each coalition shall have at least 18 but not more ]7 p~rtn~e_~s~orts and recommendation~_s__ha_l_l__b~e made - ' 17 than 25 members and such members must include the following: ]8 available to the State Board of Education, other a )ro)riato 18 a. A D_~lq_artment of Children and Family Services 19 state agencies and entities, district school boards, central - ......... 19 district administrator. 20 a~encies for child care, and coun.ty health departmeuts. The 20 b. A district S~erintendent of schools. 21 aunual report must provide an~analysis of school readiuess 21 c. A req_ional workforce develo~)ment boa~rrd chair or 22 activities across the state, includin_~_ tile number of children 22 director, where applicable. -- -- 23 who were served in the prq~rams and the number of children who 24 were read~i for school. 23 d. A count health department director or his or her 24 designee' 25 (w) The part__nerds_hi__shall wolk wit. h school tea,tiness 25 e. A children's services council or~uv~enile welfare 26 coalitions to increase~oarents, training] roi' and involvement 26 board chair or executive dizector, if ap l~able. 27 in their children's preschool education and to provide ~alnily _ 2~ literacy activities and pro,rams. 27 f. A child care licensin agency head 29 28 ~_. One member__~a~l)~De~artment of Children 29 _an_d__Fa_m~_ly~ Services district administrator. 30 To ensure that the_system for measuring{ school readiness is 30 h. One member appoi~nt, ed by. a board of county 31 co_~n~ ~nsive and _ap rp~iate statewide, as tile ~stem Is 31 commissioners. O[ [N~.% ~t-ricken are deletions; words uncle~lined are additic.m. 14 ENROLLF~D EIH~OLI,F~D 1999 t,e<lislature C5 for ¢'S/$B'~; 366 t, 382 and SB ~ lq~9 l,e~islature CS for C~/SB's ]tfi ~ ~2 and ~B 708 1 i. Oue m~m~er~>inte, d b2 district ~chool board, i cnalition. Within funding limitations, the school readiness 2 j. ~entral c~j~d_cg~e age~fy~ui{~ist~a~L_ 2 ffa~itl°n, 9~gqq with all providers, shall make ~easonable 3 k. A Head Start director. 3 efforts to acco~odate the needs of children for extended-da~ 4 1. A ~resentative of private child care ~'~i~n. 4 and extended-year services wit]~out comp~omlsin~ tile quality 5 m. A r~presentative of faith-based child care 5 6 providers. 6 (c) Fro~ram expectations.-- 7 ~ 1. The school readiness prpq~9~_~tlst_me~ th~ 8 More thau one-third of the coalition members mu~t be [lam the 8 ~o119~ expectations: 9 private sector, and neither ~hey nor their families ma~a~n 9 a. The p~ram must p~epare~reschool children to 10 an ~ncome from the earl~ education and child carcanet[atty. T9 ~0 ~q~i~r~artell read~ 6o learn, as measured b~ criteria 1] meet this re~lirement a coalition must a~)oint additional 1] established b~ the Florida Partnership for School Readiness. 12 members from a list of nominees ~resented to the coalit!~~ 12 b. The program must provide extended-day and I3 a chamber of co~erce or economic develgpment council withfu ]3 extended-year services to the maximum extent possible to meet 14 ~aphic area of the coalition. 14 the needs of ~arents who work. 15 3. No member of a coalition ~ a~oint a des~gl~, t9 15 c. There must be coordinated stall development and 16 act in his or her place. A member ma~ send a representative to ]6 teac~n~pportunities. 17 coalition meetina~, but thgt r~presentatiue will have no 17 d. There must be exp~nded access to co~unity services lB voting privileqes~ 18 and resources for families to help achieve economic 19 4. The school readiness coalition shall ~epla~? 19 sel[-su[ficiencym 20 d~strict interaqency coordinating council required under s. 20 ~. There must be a sin~te poi~[ of entry and u~ified 21 230.2305. 21 waitinq list. 22 5. Members o[ the coalition are subject to the ethics 22 f. AS ]on~as fundJn~ or eligible ~pulations do not 23 provisions in part III o[ chapter 112. 23 decrease, ~he program must serve at least as many children as 24 6. _~},[ti~puq[~_[?a~tious shal~, inch,de ,ep[esonrnti~q 24 ~r~ 25 from ea~'h cou~ 25 ~ There must be a co~nmity plan to address the needs 26 7. The terms of a]1 appointed members of the coaliti~en 26 of all eligible childreu. 27 must be sta~ered. 27 ]%~_.~,e_pf~9{~m must meet all state ]icensinq 2BI Jb) P~ra~ part i~_~on. -The school readtnens 2g 9~]i(~ i?e~w~[~pl~l icable. 2q ] program sha~l ~ est~li~he~ f~r .ghil_ d[e~ f~m birJh ~o 5 29 2. The school implement IaI ,,~a,, of ~ or until the child enters kinderqarten. The lq c_9~pre~ensive_~rogram of readiness services that enhance the 31 ~ [~ shall be administered ~ the school readiness ]1 co9nittve, social, and p~ysical development of children to [0D ~ 'ds ~t~ are deletions; words underlined are additions. CSDlN~tWords ~n are delet~oos; words underlined are additions. 1999 I,eqislature CS for CS/SB's 366 & 382 al~d SB 70~ 1999 Lecjisla~ure CS for CS/SB's 366 & ]~2 and SR 70~ ] achieve the performance standards and ontcome measuros ] tioad Start Pro~om~rams offered~blJc~r private 2 s~!ed b~ the partne~h~_a~_a ~!qim~tQ~p?og~.Oms 2 ~r~!~e~s~ c~ild~q~e~r~hool p.~ograms for children with 3 must co~ltain the fo~low]ng elements: 3 disabilities pro,rams for mi%[ant children, Title I program~_ 4 a. De~ta~ ap~priate curriculum. 4 subsidized child care p~rams, and teen ~rograms. The 5 b. A character development program to develoi) basic 5 ~lan must a~so demonstrate how the ~ro ram ............ ~_ ensure that 6 values. 6 e~c~,_~ar-o~d and ~ear-old child in a pub~undod ~P~ .... :_ ._~ ' _ ~ -__ . : ' 7 school ~ea(]iness program receives scheduled a~tiviti~s and R (]o~]t~ B instruction des~ned t~r~are children to enter kindor~arte~ 9 d. A~retest admiuistered Io chjl~l~e~_~V~k~_~,~y_~t~]5 9 !ea%~ to learn. Prior to ~e_~entatJo~] of the ~Q!am, the 10 ~9~r~m and a Rg~tt3s%__9~n~ij%pred~o c~,~dro{Lwhc.,, lh~¥ 10 ~hop~ r~o{2ine~s~o~lit~?~ m~st s~b~i~ ~b~plan to the 11 leave the ~gram. 1] ~,-_%n~r~h_!~or al~rova]. The ~artrle~s~a~rove the 12 e. An appropriate staff-to-child ratio. 12 plan re'ect the lan a~rove tile plan with~on~_iti_ons~ ..................... ___~ _~_~ _,e p .... ~ or _ 13 f. A healthful and safe environment. 13 T~lan shall be reviewed, revised, and ~roved ~ ~ : 14 3. The plan for the school readiness re ram must ]5 in making an informed choice. ]5 ~nch3~]e t~_~ol~ m]nimum standards and prov]sions: 16 (d) Implementation.-- 16 a. A slidin~ fee scale establ~shinq a co~nt for ]7 1. The school readiness ~rogram is to be hased in . ....... [ .......... ~.~p~_y, _ .......... p .... · ]7 pare~]ts based u~nn their abilit to a which is the same for IR Until tho coalition igplements its plan, the count~shal~ lB al~ pro~]dors, to be ~emented and r~flected in each ]9 continue to receive the services identified ............... Jn subsection (3) ]9 ~o~g_~__..ram's __budg__:et 20 throu~ the various a~encies that would be responsible tot 20 b. A choice of setti~and locations in ~icensed, 2] delivering those services under cuTrent law. Plan 2] registered, reli~ous-exe~pt, or schoo)-based~o~rams to be 22 implementation is sub'ect to approval et the coalition and the ; ..... 22 provided to 23 ~]an by the Florida Partnershi~ for School ~ead]ness. 23 c. Instructional staff who have completed the train~ 24 2. Each school readiness coalition shall develop~ 24 course as ~e~oired in s. 402.305(2) (d)l., as well as staff who 25 plan for ~p~ementi~q. the school rea~inesTs ~Lam to meet the 25 have additional training or credentials as require~ by th~ 26 requirements of this section and the performance standalds and 26 re~l?~tlve ~ram ~rovider. The plan must provide a method 27 outcome measures established b the artnershi ) The lan must ~ .... ~.._~ -_ _~ ..... 27 ~s_~u~i~g~he~alif]catJons of ail ~ersonnel in all 28 include a written description o~ the role of the ~ram in 2fi ~9~r° ~_ram settin~s 29 the coalitlon's effort to meet the first~gt~_ed%~at_~o~_goa_~, 29 9.~pec]fJc e]igib~!]i~_pri~rities for children within 30 readiness to start school, including a description of~~ 30 the coal]tion's count~ursuant to subsection (6}. 51 ~ l.,~ ,lye the prekin~arten earl~ ~nterventio~?.~r~gs~ ]l ~0B[N~%.~ Is ~%c~ are deletions; words u~]deriined ate ~,ct~lJtiOl%S. COD[N~:Words ~tr~c~en a~e deletions; words underlilled are addition,s. ENROLLED EII~OI,I.ED 1999 Legislature C.c, for C~/SB'S ~66 & tFt2 and .qB 70~1 199q l,egislature CS for CS/~B's ]g6 & 382 and SB 708 1 e. Performance standards and outcome measure~ I ?p~n_~evi~w, the ~L[?~Eship may.~ant the pro~ 2 established by the partnershi~_or~_~t~nativel~.~t~n~ds and 2 modification. 3 outcome measures to be used until su~l}_time as th~_pgrtno[5~[~ 3 4. Persons with an early childhood teaching 4 adopts such standards and outcome measures. 4 certificate may prov~d~ support and~up~rvision to other 5 f. Rei~ursemeut rates that have been deve~opo~_by the 5 ~ ~he school readiness ~ram. 6 coalition. 6 5. Tile coalition m~ not imp]emen~ i~s plan until it 7 g._~stems s~p~or~ s~rvi~s~inclu~l[19_9_ centra! 7 ~ub~lt~t~e plaq_[~[~_reffei3e~pproval from the 8 ~, chil~ care resource and referral, eli~ibil~ ~ partnership. Once the plan has been ~pproved, tile plan and tile 9 determinations, training o~providers, and Rg[ent support~d 9 services provided under the plan shall be controlled b~ the 10 involvement. 10 coalition rather than ~_ the state agencies or departments. 11 h. Direct enhancement services to families and 11 Tile plan shall be reviewed and revised as necessar~ut at 12 children. Sxs~uppqrt and direct enhallcement servic~_~5~911 12 [ffg[[ b~epni~!~ 13 be in addition to pa~ents for the placement of children in 13 6. The following statute~ will not apply to local 14 school readiness programs. 14 coalitions with~prov~d plans: ss. 125.901(2} 15 i. A business plan, which must include the contract 15 228.061~]) and 12), 230.2306, 411.204, 411.221, 411.222, and 16 with a school readiness ~ent if the coalition is not a 16 411.232. To facilitate innovative practices and to allow local 17 legally e~a~lished corporate entity: Coalitious may contract 17 establis~ent of school readiness programs, a school readiness 18 with other coalitions to achieve efficiency in multiple-county 18 coalition ma7 apply to tile Governor and Cabinet for a waiver 19 services, and such contracts may be part of the coa]ition's 19 of, and the Governor and Ca~t~e~ may waive, 8~y of the 20 business plan. 20 ~rovisions of ss. 230.2303 230.2305, 230.23166, 402.3015, 21 ~. Strategies to meet the needs of uni~;e populations~ 21 411.223, and 411.232, if the waiver is 'necessary for 22 such as migrant workers. 22 !~plementation of the coalition's school readiness plan~ 23 23 7. ~o or more counties may join for the purpose of 24 ~As part of the plan, the coalitions_ may_request. __ the (;overoo[~? 24 pl~m!lD~5~¢~em~[!D9_a ~hool readiness ~roqram._ 25 apply for a waiver to allow the coalition to a~inister the 25 ~. A coalition ~9~, subject to~pproval of the 26 Head Start Proaram to accompl~l tile purposes qf~ho.school 26 partnership a~art of tile coalition's plan, receive 27 readiness program. If any school readines~ plan can 27 subsidized child care funds for all children eligible for an~ 28 demonstrate that specific statutory 9oals can be achieved more 2g fedezal subsidized child care p~ram and be the provider of 29 effectively by usiq~ proxedures that zequ![e modificatio.l~[ 29 ~h~R[~gya~ ~ervtc~s~ 30 existing rulgs, policies, or procedures, a request for a 30 ~1 ~alv, t~ the partqership ~ be made as part of the plan. 19 20 ~C0~[~:~ Is st~ are deletions; words underlined are ~ddi~ion~ (lODlNG:i'Iords ~tri~k~ a~e deletions; wo~ds underlined are additions. lqq9 I,egislature CS fo~ (7;/SR's 366 ~ ~82 and f:J~ 70~ 2nd Eliot OSSed 1 9. Coalitions are authorized to nnter into multipa~ ] procedures a~roved by the~rtnership. The fiscal a~ent mnst 2 contracts w~th multi-count~ service rovidorfi in order t m~9~ 2 conform to all data-re ortin re uirements established by the 3 the needs of uni ue ~o ulations q--' I _~ such as migrant workers. 3 ~artn~rshi 4 (e) Reimbursement rate.- Each coalition shall devfilpE 4 ~ Coalition initiation ~rants; incentiv~ bonuses.~- 5 a reimbursement rate schedule that el(om asses all ]ro~rnms - ......... P ' - I J ~ - 5 1. School readiness coalitions that a~e a ~roved b 6 .funded b~that coalition. The reimbursempnt rate schedule 6 the Florida Partnership for School Readiness bZ January 1, 7 must take into consideration the relevant market rate must ............. ~ - 7 2p0q,~hall f~_e139ible for a $50,000 initiation_qEOp~t~ 8 include the_projected n~ber of children to be served, and 8 ~port th~ school readiness coalition in devel~inq its 9 must be submitted to th~r~nership for information, lnlormal 9 school readiness ~lan. 10 childcare arranoements shall be reimbursed at not mo[~han ~q 10 2. School readiness coalitions that are~ppfov~d__~ 1 percent of the rate developed for family childca~e. 1 the Florida Partnersh~ for School Readiness by March 1, 2000, 12 Cf) Requirements relatin to fiscal~ ent~If the 12 shall be eligible for a $25,000 initiation 9rant to support 13 local coalition is not a leoallZ ~stablished cot ~orate ~mtit ....... _~ . ~ ~ I ....... ~3. 13 the school readiness coalition in develo~in9 its schoo~ 14 the coalition must designate a fiscal age~_}~whit:h m~y_be ~ 14 read~p~s pla~z 15 public entity or a private non rofit or anizat~on _~ ~ _' . The fiscal 15 3. School *earliness coalitions that have their_pl~j~ 16 9gent shall be re~ired to~rovide financial and --- 16 a~oved b Jul 1, 2000, _iR_ _~___y shall receive [undinq from the 17 administrative services pursuant to a contract or a reement ..... ~ ..... 17 F_~orld~r~R~rs~p_ for School Readiness in fiscal_zea~ 18 with the school readiness coalition. The fiscal 9~nt~aZ n~ 18 2000-2001, and each year thereafter. 19 )rovide direct ear~ education or child care servi~s~z 19 4. ~on approval_~ the Florida Partnershi~ for School 20 however, a fiscal a~ent ma~rovide such services u on wri[ten ....... -- -- --~ ..... 20 Readiness of ~oalition's plan that clea~shows 21 r~quest of the coalition to the part~l~rship and t~ the 21 enhancement in the quality and standards of the school 22 approval of such request by the art]ership The cost of -- -- - .... ~ .... ~ '-~-- - ~]]~ 22 ~e~i~less~o~ram without diminishing the saber of children 23 financial and administrative services shall be negotiat, e(~ 23 served in the pre,ram, th~partnership shall award the 24 b~tween the fiscal ageqt~d ~[l~schoo~readines~ ~oaliti0n. 24 cpa~ition an incentive bonus, subject to a ro riati 25 f tho fiscal a~ent is a providor ,~l oally odu(' ion ,u,,t ,'a,,, - ............. ~ ..... pp p~ on. ................ z ........ ~ ..... 25 5. In fiscal year 2000-2001~ and each year thereaftert 1-~.~2 · , th~ contract must sp~cify~hat the lineal a~onl will 26 an tncre~ es .... _ y ~_~,s in fundi{!~ for school readiness~rams shall 27 9ct 9~olidz direction from the coalition and will not 27 ............ ~!_ readiness coalitions. ........... be administered tbrou h school 28 receive policy direction from its o~ eof orate hoard ~ po_~_ . 2fl 6. In fiscal ~ear 2001-2002, the Florida Partnersh!E 29 E~ardiRg disbursal of coalition funds. The fiscal_990~t ~;ho~ 29 for School Readiness ~hall re uest ro osals .............. Lq _ ~p from overnment 30 disburse funds in accordance with the~Eoved coalitiou 30 99encies and non--it corporations for the development and 31 school readiness plan and based on billin( ancl_~i.b~y_fm nt 21 ~ 22 CO~]N Wot s ~tr~cken are deletions; words undexlined ate ad, litinn~ O ~ [01}lN~:Words ~tricken a~e deletions; words underlined are additions. ) ') EtlROLLED ETIROI,I,Et) 1999 l,e(lislature CS far Cg/!¢B's 366 & 382 aod .CB ?0fl 199q I,oqislaturo CS for CS/SB's 366 h 3B2 and SB 708 2ud Ellq~O~;sed 2nd Engrossed 1 operation of a school ~eadiness coalition itt each county_[hair I combination of part-time exceptioual education programs with 2 does not have att ap_prove, d__coali[~ion_by Hatch 1.~2__001~. 2 if_gui_red special services, aids, ~or e~t~ip_~ment, and were 3 {h) Evaluation and annual report.--Each school ~ ~r~v_iously reported for lundin9 part time with the Florida 4 readiness coalition shall conduct an evaluation of tile 4 Education Finance Program as exceptional students. 5 efiectiveness of the school readin~s_s_~D_r_o_~.ram, iucluding 5 _(c__)__Eco~nqmically disadvan~t~a~e~d children, children with 6 )erformance standards and outcome measures, and shall pr~i_d_e 6 ~isabilities, and children at risk o£ future school failure, 7 afl annual report and fiscal statement to the Florida 7 _fr~o_m~__~.irth tp_4~?a__r_s of a_ge, who are served at home through 8 PartnershiR for School Readiness. This report must conform to 8 lame visitor programs and intensive parent education programs 9 the content and format specifications set by the Florida 9 such as the Florida First Start Pro, ram. 10 Partnership for School Readiness. The~a_r. tne~rs~h_ip must include_ 10 (d} Children who meet federal and state r_equirements 11 an analysis of the coalition reports in its annual repqr~t:. 11 [o__r eligibility for the migrant preschool R_rogram but who do 12 (6) PROGRAM ELIGIBILITY.--The school readiness procjra_m 12 not meet the criteria of economically disadvanta~_d_. 13 shall be established for children under the age of 13 14 _kindergarten eligibility.. P_ri_or~ for__~__a__~__rti~cipa_t_ion in the 14 An '~e_co~nom_i__c_a~lly disadv__aD[_aged' child means a child whose 15 school readiness pro~ram shall be g.i¥o_n to chi_ldren _whoa ~ee[ 15 [a~i_l_y__iD_c_o__me~is_~e_low 15_0~ercent of the federal poverty 16 one or more of the followin~ criteria: 16 level. I4otwithstanding any change itl a family's economic 17 (a) Children under the age of kinderqa_rt~e_n~el_~ig~_b_ilit¥ 17 _st~t_l_lS,- but__~sub~ect to additional family; Contributions ill 18 who are: 18 accordance with tile sliding fee scale, a child who meets the 19 1. Children determined to be at risk of abuse, 19 ~li(jibi[ity re_q%!i~rements ~!pon initial registration for the 20 _neglect, or exploitation and who are currently clients o[ the 20 p_ro~ram shall be considered eligible until the child reaches 21 Children and Family Services Pro,ram office of tile Departmeut 21 k~inderqarten a~e. 22 of Children and Family Services. 22 (7) PARENTAL CHOICE.-- 23 2. Children at risk of welfare dependenc~, inchldiu¢! 2l (a} The school readiness pro, ram shall provide 24 economically disadvantaged childr~e!l,_c_fhi__ldr?n o[ p_ar__t_?__ipgl~[s_ 24 pg?e_[it_9[_.5!lgice pursuant to a purchase service order that 25 in the WAGEg_~_ro~r~am, children of migrant [armworkors, and 25 o_2us_t_lres~_to tire maximum e×tent possible, flexibility in school 26 children o[ teen parents. 26 [_ea_d~uess pro,rams and p_ayment arrangements. According to 27 3. Children of working families whose fami_ly income 27 [e_dera_l ro~lations re_quir~n~ parental choice, a parent may 28 does not exceed 150 percent of tile federal poverty level. 28 choose an informal child--care arrangement. The purchase order 29 {b} Three-year-old children and 4-year-old children 29 must bear tile name of the beneficiary and tile pr~ram~_i, der 30 who may not be economically disadvantaged but who }lave 10 and, when redeemed, must bear the signature of both the 31 disabilities, have been served in a specific part-time or 31 beneficiary and an authorized r_epresentative of the provider. 24 23 C~N~:w~%j>~v~ckt~n are deletions; words underlined are additions. CODING:Words ~tricken are deletions; words underlined are additions. ENROLLED EDp fhl,l,ED 1999 I,egislature CS f~t CS/SB'S 366 & ~82 and SB '?tl~ 199q I,e0islatur~ CS tot CS/S~'s 366 & 382 and SB 70~ 2nd EnClros~od 2nd Engrossed I Ih) If it ls determined that a provide~ has p~ovided I ~p~!9~iia~ed or obtained foE purposes of tbis section, shall 2 auy cash to the beneficiary in ~eturn [o[ receivinq~J~ 2 be transferred for the benefit of the coalition 3 purchase order, the coalition or ~ts fi~;cal ~pt si~9[J_(ef~i ] jmI~lomentation of its plan, includin~ the hirln~ of staff to 4 the matter to the Division of Puhlic Assistance Fraud for 4 effectively~erate the coalition's school readiness l)r°qram 5 inves~atio9m 5 ~s pp[~o[ ~pp~pp~2ypl~__peri~!~pla~ review, the 6 (c) Tile Office of the Comptrollel shall establish an 6 paiaitnershi)_ ~ shall require that administrative costs be kept~to 7 electrollic transfer system for tile disbu[s~ment q~?~lltis J'! 7 t~p mi~!!m219 nec~ry~[~ffj~!~nt_9~f~iv~ 8 accordance with this subsection. School readine~;s coalitions R administration of the plan, but total a~inistrative 9 shall fully implement tile electronic funds transfer ~ystem 9 ~xpenditures shall not exceed 5 percent unless specificall~ 10 within 2 years after plan a~proval unless a waiver is obtain~.~ 10 ~a!v~d~x~he paLtj,~rs- hip- The part_ nersh~p sh~ll annually 11 from tile partnership._ 11 r~port to the L~pislature any problems relati~l~ 12 (8) ST~DARDS; OUTCOME MEASURES__ .--h~pnbli~X fund~5t 12 13 school readiness p~yams shall be required to meet the 13 (c) B~ Febr~ry 15. 2000, the Ear~nerst~!p shall 14 performanc~ standards and outcome measures developed and 14 present to the Legislature reco~endations for combinin_q 15 ~roved b~e part~rship. Th~ Oific~ of PE~E~m Po~ 15 ippdi~rea~s~ocschool readines~pr~rams into a School 16 Analysis 9nd Government Accountabilit~ba~rov~d~ 16 ~oadiness Tzust Fond. These reco~nendations must include 1~ consultation to the partnezshi in the develof?jgpt or. he ..... ~ 17 reco~ondations for the inclusion or noninclusion of 18 measures and standards. These performance standards aud 18 ~inderqar[en disabilities proems and iundlng. 19 outcome measures shall be adop~ed~Jpn~ 1, 2000, and shall 19 (~) T[]e parUnership s~all annua[!~ distribute all 20 be applicable on a state-wid~ basis. 20 eligible funds as block 9rants to assist coalitions in 21 {9} F~DING; SCHOOL READINESS PROGRAM.-- 21 tptzgrati~_ s*rvices and funding to develop a quality service 22 (a} tt is th~ intent of this section to establi~;h an 22 deliver___~ ssystem. Subject_to appro~ion, the partnershlp~ may 23 integrated and ~a!ity s~amless service delivery system for 23 al~o provide financial awards to coalitions demonstrating 24 ~ funded early education and child care programs 24 success in m~gigq and inte ratln lundin streams s~rv* 25 operatin9 in this state. 25 children and school readiness pro~rams. 26 lb) all state iunds budgeted for a countE for the 26 (el state funds ~riat*d for the school 27 programs sp~cifi~fl in subsection (3), alert9 with the p~at9 27 proq[9~a~not be used for the construction of new facilities 28 share of the stat. a~inist~ati.* costs et thos~rg~qr~4q 28 9r~lm pur_g~ase of buses. .y February_iS. 2000. the 29 the amount as determined py th%paEt~3~Sh!E,~ll_[gSt~lal~Ends 29 pgrtne~Ei~jp s~,akL_prpE~pt to th~ ~jslature reco~endations 30 and re~ired local matching funds for a county [o_r proQram~ 30 ~or prov~ecess~ry traqsportation s*rvices for school ]] .... ~ led in subsection (31, and P~Z additiosal funds ~1 readiness p~rams. 25 26 ~0~I~:~ ds =tricken ar* deletions; words underlined are additions. C0[}[N~:Wo~ds ztric~n are deletions; words underlined are additions. 1 ENROLLED ENROI,LED 1999 Legislature ('S for (.'S/SR's 366 & 382 and ~:1~ 10B 199<t l,~qislature CS fo~ CS/SB's 366 ~ 382 and SB 708 21/<1 Lllq~'~;Se,'t 2nd Engrossed 1 (fl All cost savings and all revemms received thlougtl I 1. The School Readiness P~o~ Estimatin9 Conference 2 a mandatory ~}~ing ie~ scale shall be u~cl_to_he~p ruud tl]~ 2 shal!_~ey~9~uth estimates and forecasts of the number of 3 local school readiness pro~r~m~ ] individuals eligible for school readiness pro, rams in 4 (10) REPORTS.--The office of Pro~ra~ Polic},~9alysi~ 4 accordance with the standards of eligibility established 5 and Government Accountability shall assess the im~]em~3tation, 5 st~te_g~e~ra~tatut~or ad~_i~is~ative rule as the 6 efficiency, and outcomes of the schg?l readiness ~ram~(~ 6 conference determines are needed to support the state 1 ~ort its findings to the President of the Senate and the 7 planning budgeting, and appiopriations~rocesses. g ~peaker of the House of Representatives by Ja~2ary 1, 2002. a 2. In addition, the School Readiness Progra~ 9 Subse~ent reviews shall be conducted at the direction of the 9 Estimating Conference shall estimate the unduplicated count of 10 Joint Legislative Auditin9 Co~ittee. t0 c}~ildren~h~_~ligible for services nnder the school 11 (11) CONFLICTING PROVISIONS.--In the event of a 11 readiness ~roqram. 12 conflict betwe'en the provisions of this section and federal 12 3. The Florida Partnership for School Readiness shall I~ requirements, the federal requirements shall control. 13 ~rovide information on needs and waitin9 lists for school 14 Section 2. Section 229.567, Florida Statotes, is 14 r~i~s program services requested by the School Readiness 15 created to read: 15 Pre,ram Estimating Conference or individual conference ]6 229.567 school readiness uniform screening.--Th~ 16 ~ncipals in a timely manner. 17 pepartment of Education shall adopt the school readiness 17 (b) Princi~s.--The Executive office of the Governor, 18 uniform screening developed by the Florida Partnership for 1~ the Director of Ecouomic and Demographic Research, and 19 School Readiness, and shall require that all school districts 19 professional staff who have forecasting experti~_fro~h~ 20 administer the kindergarten uniform screening to each 20 Florida Partnership for School Readiness, the Department of of the Y _.~P - 21 kindergarten student in the district school s stem u on the 21 Children and Family Services, the DeparCment Education, 22 student's entry into kindergarten. Children who enter publ_~ 22 Senate, and the House of Representatives, or their designeesm 2~ school for the first time in first grade must undergo a 2~ a~e the prin~_~pals of the School Readiness Program Estimatln~ 24 uniform screeninq~ppr~v~d ~ the partn~rsl~ip_ for use in first 24 C~nce:_The pEt~c~p~l~es~nttn~ the Executive Office of 25 qrade.~ 25 the Governor shall preside over sessions of the conference. 26 Section 3. Subsection (11} is added to section 26 Section 4. Subsection (2) of section 414.026, F]orlda 27 216.136, Florida Statutes, 1998 Supplement, to read: 27 Statutes, 199B Supplement, ts amended to read: 28 216.136 Consensus estimating conferences; duties and 2~ 414.026 WAGES Program State Board of Directors.-- 29 principals.-- 29 (2} (a) The board of directors shall be compoged of the ~0 11) SCHOOL R~DINESS PROG~M ESTIMATING CONFERENCE. 30 following members: ~1 {~ Duties.-- 27 28 ~P[N~: ~c~ are deletions; words underlined a~e additi{n~s. COD[N~:Words ~t~ are deletions~ wo~ds underlined are additions. ENRObLED 1999 I,eqislatute CS f,r C!;/SB'S 36t, & ~f12 ,md ~B 3 2. Tile Secretary of Cbil(hen and Family Services 3 c. O[ tim nine members appointed by tho Governor, at 4 3. Tile Secretary of I{~alth. 4 least six must be employed in the private sector and of these, ~ d~s~gnee. 8 4 y~ar, sta~u~l-ed terms. W~tb~n 60 days ~[ter a vacancy occurs 9 7. The director of the Of[i~'e of Tourism, T~ado, and 9 on the board, the Governor sl%a%l fil~ the vacancy of a member ]0 Economic Development. 10 appointed from th~ nominees submitted by the Presidel]t of the 11 8. The chairperson of the Fl,~[ida Partnership f~2[ 11 ~ona~e and th~ ~peaker of the House of Representatives for tho 12 School Readiness. ]2 remainde~ of th~ unexpired term from one nominee submitted 14 development board, established u~lder s. 288.962(3 14 Speaker of the House of Represoll~atives. VIitbill 60 days after ]7 288.1226. 17 the ~emainder of the unexpired term. The composition o[ the i8 ll.~r Nine members appointed by th~ Gove~nor, a% 18 board must ~enerally reflect the racial, gender, and 19 follows: 19 diversity of the state as a whole. 22 the Senate a~d five must be submitted by the Speak~ of tho 22 The board of directors shall m~et at least once each 24 by the President of the Senate and the Speaker of ~he House ¢~f 24 (lesi(ulee to attend a m~tin~ of t'he board in place ~%f ~h~ 29 submitted by the Speaker of the House of Representatives must 29 (c) Nembe~s of the board shall s~rve without ]1 n,, -'~ rio nonvoting m~mber. 31 and travel expenses ag provided in s. 112.06l. 29 ~0 DINO *~ic~ are deletions; words Inl[Iorlined aro addition,s. ~ ~ · ~ [OBIN~:Wor,ls ~tr/cken are deletions; words umlerlined are additions. ~. F~ROLLED EIIROI,LEP 1999 Legislature CS for ~'.~/SB's 366 & 3P2 ami SB /its 199q t,egislature CS [o~ CS/~[~'S 366 & 382 and SB 708 2 624.91, Florida Statutes, 1998 Supplement, is amended ~o r~,,~d: 2 for a~p~pgrams~]~_serve~)[es?~o~l_ch~[~in_~i.s s~.a~,_ 3 624.91 The Florida Healthy Kids ('orporatio;) Act.-- 3 It is the intent of the beqislature that the coordinatinq 4 ~2) LEGISLATIVE INTEHT.-- 4 council be an indepeudent nonpaltisan bod~ and not be 5 (a) Tile Legislature finds that increased access to 5 id~nt%[ie~ or a~filia~i[h an~n~Qe~cy__~m _o~ 6 health care services could improve childi~n's health and 6 7 reduce the incidence and costs of childhood illness and 7 (~ ~e~e~hip.-~'h~ c~fi~il_ sba~_l~_e com~e~Lhe 8 disabilities among children in this state. Many children do 8 followiq9 15 members: 9 not have comprehensive, a[[ordable health care se~vlces 9 1. The seven current members of the 1998-1999 State 10 available. It is the intent of the Leqislature that the 10 Coordinating~ Council Executive Co~ittee. 11 Florida Healthy Kids Corporation provide comprehensive health 11 2. Eight additional members, ~q~ed by the 12 insurance coverage to such children. The corporal ion i~ 12 ezegut~y~.~o_~it~te~,~l.udin~_~_~je_ sentativ~ of each o~ tile 13 encouraged to cooperate wiih ally existing health service 13 ~ol]owing: subsidized child care pro.ms; preki~dergarten 14 programs funded by the public or the private sector and to 14 ~ar~ intervention pro,rams; Head Start pro9rams; health care 15 ..................... work ~o~ratively with the Florida Partnership for School 15 pro~_rams-;~rtvate~j_roviders-__ , faith-based ............ providers; programs 16 Readiness. 16 for children with disabilities; and parents of preschool ]7 Section 6. Subsection (4} of sectioll 411.222, F]orida 17 children. 18 Statutes, is amended to read: ]8 (c) Term.--The State Coordinating Council for School 19 411.222 Intraaqency and interagency coor~i~nation; 19 ~e~dines~_~pg~ags~h~l~_~er~ip~t~o~l~_ ], 2002. 20 creation of o~fices; responsibilities; memorandum of 20 (d) Olqanization.-- 21 agreement; creation of coordinating council; 21 1. Tile council shall adopt inte'rna] organizational 22 responsibilities,-- 22 procedures or ~ylaws neces~ar~ for the efficient pl~eration of 23 (substantial rewording of subsection. See 23 the courlcil. The council may establish co~ittees that are 24 s. 411.222(4), F.S., for ~ll~X~:~ 24 f~sponslb~e~9[_con(h~ct_~pg._speci[ic conncil prpgra~ a~ 25 (4) STATE COORDINATING COUNCIL FOR SCHOOL READINE~;S 25 activities. 26 P~OG~MS.-- 26 2. Tile council shall have a bud~and be financed 27 Ia) Creation; intent.--The State Coordinating Council 27 thro~9~ an al~nual .~p_ ropr~a~i~n made for this purpose in the 28 for School Readiness Programs is established to ens~r~ 28 General ~priations Act. Council members are entitled to 29 coordinatiou among tile programs that serve reschool childI~n ~ .~ ...... : 29 reimbursement for per diem and travel ~xpenses as provided ~ ! ....~upport the [irst state education ~oal, readiness 30 s. 112.061 while carry~ out official business of the 31 to st rt school; to facilitate co~unication, cooperation[ __ ., and_._ 3 } counci 1 . %';hen~Liat~, parent representatives shall ~C~I '~' ~S str~c~ are deleLions; words underlined are additions. CII~JN~:Wo[ds str~ck~ are deletions; words underlined are additions. E[~ROI,LED EIIROI,LED 1999 Legislature CS [or CS/SB'~ 366 ~, ~a2 and SB '708 1999 I,euislature CS for CS/SB's 366 & 382 and S~ 70~ 1 receive a stipend for child care costs inct~r~ed while 1 Sectiou a. Paragraph le) is added to subsection (1) of 2 5~te~ding council meetings. Fey adn}j~is~r~ti~ purpoqffs on~y_, 2 st~c-t ion 240.115, Florida Statutes, 199B Supplement, to read: 3 the courlcil is assigned to tile }:lc, ri~a Pa~tnelshi[~ ?_~_ff~'hi{!~! 3 240.115 Ar~iculation aqrenment; acceleration 5 3 . The coordinating c~unc~ 6 m~etings t]lat are ~en to the public, and the public shall be 6 (e) The Co~issioner of Education, in coniunction with 7 given the~port~n~9~o~ipt' at~gc~ ~ coordinating council shal] notify persons of the date, t im%u B Postsecondar~ Education Planninc~ Commission, and file Education 9 and place of each quarter_ly meetin u )on re uest _ ~[ __~___:~ 9 Standards Co~nission, shall conduct a statewide assessment to l0 (e) Duties.--The coordinatin~p~pcil~hall~?m~nj! 10 d~tet~!~}~_the~}tent~gnd nature of instruction for those who 11 to the Florida Partnership for School R~adiness metllod~ for 1] work or a~e train[u9 to wo~k in the fields of child care and 12 coordinating public and pr.i~at~_s~ool~e~diness_prog~gms_a,3~l 12 13 procedures to facilitate co~unication, cooperation, and tile ]3 m~arket demand for individuals trained at various levels. Based 14 maximum use of resources to achieve the first state education 14 on this assessment, tile Articulation Coordinatin~ Committee ]5 goal, readiness to start school. In addition, the c~pj%ci~ 15 ~hall e~ab[!~an articulated career path for school ]6 shall: ]6 readiness-related professions, which shall lead from 17 1. Advise the Florida Partnership for School .......... Readirless lP ently-]evel-._. -~ em~__loyment_ in child care and ear~ childhood ]8 concerning criteria for grant pffoposa~elines, the review 1R education to a bacca]anreate deqlee. Tile career path shall 19 9~lans and proposals, and elig~bili~o~s~ic_ ~s~f_ sch~l?~ 19 provide for the alticulatioll of: 20 readiness ~rams. 20 1. Vocational credit to college credit for associate 21 2. Reco~end to the Florida Partnershi~ for School 21 in science degrees/ 22 Readiness methods to increase the involvement of pub~i~ an~ 22 2. Credit earned in associate in science or associate 23 private partnerships in school readiness pro~rams in order to 23 in ails deg[ee re rams to credit in baccalaureate degree 24 maximize the availability of federal funds and to effectively 24 pro rams. 25 use available resources through cqg~ra~jve [t~nd~n~ajl/} 25 ~.~I[e~lit~9[~cj py ~,jblic and private institutions; 26 coordinated services. 26 and 27 (f) Reporting requilements.--The coordinatinq_cou~!~i~ 2P 4. Credit for experiential learning associated with 28 shall submit its final r~t to the Florida Partnership f~ o~ 2R minimum traini~9 requirements for e~loyment. The Articulation 29 School Readiness by Jujy !, 2002. 29 q99~dj~. Co~ittee shall ensure that the articulation of 30 Section 9. Effective July_ l, 2002, subsection (4) of 30 such credit does not jeoj~ardiz~ the receiving institution's 31 secti~ 411.222, Florida Statutes, is repealed. 31 accreditation status. 33 34 are deletions: words underlined are additions C0~[N[:Words ~tricb~n ar~? d(~letions; words underlined are additions. E~ROLLED EH}U ~1 ,! ,El) ] ] Section ]3. The recurring slim of $330,000 2 Before the~!qtip~[ the_cgta~[~r _t~fall~em~g~t~002, 2 a[~r~riated_fro~e~eneral~y~pj]~Fund to_t~ E~e_fu~!ve 3 tbe articulation agreemeut must 9uarant~ tl~__~ka~ewid~ 3 O~fice of the Governor ~or the purpose__o[ im~o~tin~is 4 articulation~f~p~r~i~te coursewo[k as est~blished i~!_.~l~ 4 9ct in ~scal year 1999-2000. 5 fareer patha 5 Secl ~on ]4. Except as otherwise expressly provided in 6 SectioD 9. In accordance with the ~rov~ic~p~ 6 this a~t, this act shall take effect upon becoming a law. 7 ~}gpter 216, Florida Statutes, tile Governor is authorized to 9 to the Florida Partnershi~ for School Readiness to fund lo({~1 9 10 school readiness coalitions duri~_g the phgse-~.~o~x ]0 11 Section 10. The Florida PartnershiR for School 11 12 Readiness shall reco~end to the Legislature .by__~pr~a~y ]5, 13 2000, whether the current appropriations and positions for 13 ]4 Department of Children and Family Services contract managers 14 15 and De~Qt of Education Prekipderqarten Earl~ Interventiou 15 16 and School Readiness personnel should be phased out, or 17 transferred in whole or in part to the partnersl~p to~__rovide 17 18 for school readiness pro, ram staffing. II, .before such time as ]9 its o~ staff is in place, the Florida Partnership for_~hoo~ 19 20 Readiness needs staff assistance in reviewinq an~ppr0y~9 20 21 local coalition plans, the Department of Children and Family 21 22 Services and the ~artment of Education shall provide such 22 23 staff assistance. 23 24 Section 11. Subject to ap~[~riation by the 24 25 Legislature, the Inter-Uuiversity Consortium on Chi ld and 25 26 Family Studies is authorized to desi~and deve]p~ the concep~ 26 27 for a chl]d care and development center, which may be~D]~ 27 2B a model for demonstrating be~ractices in children's 29 readiness for school. 29 30 Section 12. This act is not intended to ~mpe~ o~ 30 3] curtail the state's ability_ to receive federal funds. C~N~:W ~ken are deletions: words underlined are additicm~ CODINg:words ~tricken ate deletions; words underlined are additions. OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 1999, plus an additional 2 year term expiring on December 31,2001, to the Isles of Capri Fire Control District Advisory Committee CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee has 1 vacancy due to a resignation. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the' backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY D,IST ELECTOR ADV. COMM. Morris James Louis Commission District 1 yes none COMMITTEE RECOMMENDATION: Morris James Louis FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to fulfill the remainder of the vacant term plus an additional full 2 year term, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 14, 1999 AGENDA EM No. /~ SEP 14 1999 Pg' / ' ISLES OF CAPRI FIRE & RF~CUE DISTRICT Monday, Augmst 23, 1999 Mr. Mike MeNees .Assistant County Manager Collier Count)/Government Center 3301 E Tamiami Trail Naples Florida 34112 Subject: Isles or'Capri Fire Control District Advisol7 Commhtee Dear Mx, Mcnees, : At the Fire Advisory Board meetingof August 12, 1999 the resume of Mr, James Louis was presented to the Fire Ad~4sorY Board/bt consideration. Alber reviewing thc re~ume and discussing the merits of the applicant it was unanimously voted by'the members , present to recommend Mr. Louis to the Board of Cotlier Ctyunty Commissioners as a ' replacement Advisory Board Member After reviewing Mr. Louis' resume it becomes apparent that between his previou~ work experience at the Burroughs Wellcon~e Co. and his experiences on a number of prior committees that he will be a welcome addition to the Isles of'Capri Fire Control IDi.'strict Advisory Committee. S~neerely, . Charles Dexter Colvin I.CF.CD..A.C Chairperson AGEND~ ITEM SEP 1 ~t 1999 Pg. Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nt, Term David E. Eiler 01/12/99 12/31/00 2 Years 112 Capri Boulevard 642-7546 Naples, FL 34113 District: 1 Category: Jerilyn Neuhaus Crowder 01 / 12/99 12/31/00 2 Years 156 Capri Boulevard 642-7511 Naples, FL 34113 District: 1 Category: Chris Xigogianis £e~.~..~q~'4" 12/16/97 12/31/99 2 Years 111 Capri Boulevard 394-3522 Naples. FL 34113 District: 1 Category: Gar,,' E. Griffes 01/12/99 12/31/00 2 Years 105 Jamaica Drive 389-1264 Naples, FL 34113 District: 1 Category: Charles Dexter CoMn 12/16/97 12/31/99 2 Years 163 San Salvador Street 642-4525 Naples. FL 34113 District: 1 Category: This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. _ Terms are 2 years. .. FL STAT: 125.01 Staff.. Diane Flagg, Emergency Services Director: 774-8459 'ThUrsday, 'January 14, 1999 age ):'~"'~'"~ ~~ AGENDA ITEM NC> o~ SEP ! 1999 , Pg -~__~ MEMORANDUM DATE: July 20, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative AssistaI~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IOC FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT M.'"James Louis 25 Capri Boulevard _ ~..~ .f / Naples, FL 34113 ,~ Thank you for your help. ~.--,, ITEM No. /D ~ SEP 1 z~ 1999 Pg' ¢ I MEMORANDUM DATE: July 20, 1999 TO: Diane Flagg, Emergency Medical ~rector FROM: Sue Filson, Administrative Assista~,t.~'~ - Board of County Commissioners -x._/ . , RE: Isles of Capri Fire Control District Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: M. James Louis 25 Capri Boulevard Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisoD, committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA :ITEM SE? 1 ~ 1999 Pg .._.~ · Name: M. James Louis Address: 25 C~pr'~ Blvd. NaPles, FL 34113 Phone: (941)389-0371 Personal: Originally from New York City; NYU BS 1948, V~teren WoHd W~r It (ETO); retired 1991; moved to Isles o~ Capri aa full-time resident September 1998. BusinesS: 1948~53. Pitney Bowes, Inc. - sales 1953-5~: Gate Dorothea Meohanisms - sales 1955-59: Adcolor Display Co - administratlnn and purchasing 1959-64: James LOUIS & Co., [nc. - Package Design and 1964-91 ' Burroughs Wellcome Co. (Pharmaceutica!s) - Package Deyeiopment Manage¢ A t O.W. CO my department was responsible for selecting or des~ning every package component for every producT, for preparing and issuing package component spec411cstions and the of Material which directed how each product moved from bulk to ready.to.ship stalus. These documents were used by Manulacturing for operating their packaging line6, by Purchasing for procurement of package con~onenl~, by suppliers to guide them.' {n-supplying the ~company an~ by Quality Controt for Inspectior~ of incoming package mat'eria{~ · During my service with the company, our volume of business grew from $60 dollars per year to well over $I bitlion dollars in addition to the experience of managing a key department, I was ~lso active on many different committees, both within the company and in the industry. At the time of retirement, I was Chairman of the Bar Cod~ Committee of the Pharmaceutical Mfrs Assn., a member o! the Health Lncjustries Business Commumc~tions Council, and an adjunct Assistant Professor at UNC Coflage of Pharmacy Conclusion: I shall appreciate the opportunity to contribute to tt~is splendid commun[ty by s~)rving on the ICFD Advisory .Board. ~i~~ COI.I_II~.R COUNTY BRANCH (~5117) ~~~ NA~ON~ ~S<~ON FOR ~ ADV~CEME~ OF COLO~D PEOP~ VAN H~K Auggst 9, 19gg Chairwoman Pamela S. Mac'Kie Board of County Commissioners 3301 Tamiami Trail Naples, Fl. 34112 Dear Chairwoman Pamela Mac'Kie: The NAACP is celebrating 90 years of Making Democracy Work! As we move into the next millenium, our concentration will be on the education and health issues that impact minorities You are invited to share in the Collier Coumy Branch's 17th annual banquet and awards ceremony It is being held Saturday, October 2, 1999 at the Naples Beach Hotel. Dr. Marx'in Davies, noted cixS1 rights leader, will be our honored guest and feature speaker. The gala evening starts at 6.00 pm for cocktails and dinner at 7:00 pm, foliov~'ed by the ceremony, music and dancing. Health awareness will be in the forefront, this year, as we expand our educational program. Project REA.C.H(Reaching Educational Achievement by Completing High School)/Back to School-Stay in School is a national program serving at-risk children. Our educational program is in its third year and will expand to include students from River Park, Lake Park, Avalon and Golden Gate With your support, our educational program develop healthier children, and in turn, prepare them to become better community leaders. This Freedom Fund Banquet is our principal fund raising event. We rely heavily on community business suppor~ through program sponsorship and souvenir journal advertising. As in the past, we offer three levels of sponsorship - platinum, gold and silver. Enclosed is the Banquet Reservation form and the souvenir journal advertising contract that shows the size and pricing of ads. To ensure your reservation and ad inclusion in the souvenir journal, please complete and return the forms by August 30. lfyou have any questions, please call either Jemy Silber at 455-4883 or me at 348-3335. Thank you for your support. Sincerely, Marian Thompson Freedom Fund Banquet Committee Chairperson SEP Pg-. COLLIER COUNTY BRANCH #5117 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE P.O. Box 10695 · Naples, Florida 34101-0695 BANQ['ET RESERVA,TIONS Please check below for reset', ations. SPQN'SORSHIP$ PLATINI~'M - $2,500 Includes eight {,8) tickets for the Banquet for you and ,,'our guests, a full page ad in the souvenir journal (the inside front and back covers and the outside back co,,er will be allorted to the first three Platinum Sponsors), and special reco~ition at the Banquet. GOLD - $1,800 Includes six (6) tickets, a full page ad in the souvenir.journal, and special recogn;tion at the Banquet. SILVER - $1,200 $ Includes four (4) tickets, a half page ad in the sou,,enir journal, and specia! recognition at the Banquet. INDIVIDUAL TIQKET$ Tickets - at $50.00 each We can not at'tend but x,,'ould like to make a contribution to support the NAACP. S A DVE RTIS E M E NT$ Please check ,,'our choice for ad,,er'tisement size and cost: FULL PAGE S 175.00 S HALF PAGE $100.00 QUARTER PAGE $ 60.00 $ EIGHTH PAGE $ 35.00 MAKE CHECK PAYABLE TO: COLLIER (TQI.:NTY NAACP Check Total ORGAN'I?ATION NAME: ADDRESS CFI~'~I'ATE/ZIP PHONE F...~X CONTACT PERSON ........... - DATE No. ./f/-.3 THANK YOU FOR YOUR GENEROUS SUPPORT! SEP 1 ~ 1999 COLLIER COUNTY BRANCH NAACP 17th ANNUAL FREEDOM FUND BANQUET- SATURDAY, OCTOBER 2, 1999 SOUVENIR JOURNAL CONTRACT NAME ADDRESS PHONE FAX AD TYPE (CHECK ONE): PAYMENT (CHECK ONE): FULL PAGE $175.00 CASH 1/2 PAGE $100.00 CHECK 1/4 PAGE $ 60.00 I/8 PAGE $ 35.00 BUSINESS CARD $ 35.00 SINGLE NAME $ 1.00 MR. &MRS. $ 2.00 ~ THE FAMILY $ 5.00 (e.g., the Jones Family) PLEASE INSERT THE FOLLOWING COPY/ATTACHED AD DEADLINE - AUGUST 30, 1999 AG. E NDyA~_,,I T~' Mail to: Marian Thompson, NAACP, PO Box 10695, Naples, Fi. 34101-0695 NO ~ SEP 1 1999 Pg. The Economic Development Council of Collier County cordially invites you to attend _ff.the 1999 ~ Awards Luncheon in conjunction with the 16`/' Annual Florida Industry Appreciation Week Wednesday, September 15, 1999 11:00 a.m.- Registration The Naples featured speaker Director of the t_,overnor s umce o~J~ptsn-~¢4.oe Economic Development rate o $500 table of ten The favor of a reply is requeste~O, 1999 "-" ' AGENDA ITEM No..~"_/~ ..'7- SEP 1 zt 1999 Pg. Y ~ CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DFRIVE NORTH I~IAPLES, FLORIDA 34104 11 August 1999 Honorable Pamela Mac'Kie, Chairman Board of County Commissioners 3301 East Tamiami Trail ' Naples, FL 34112 Re: Naples Airport Authority Noise Compatibility Committee Dear Chairman Mac'Kie: We are disappointed with Commissioner Berry's decision to resign from the Noise Compatibility Committee. She has been a very important part of our Committee, as her ideas, recommendations and input made her a true asset. Although we are very saddened by her decision, we do wish her well with her future endeavors. In accordance with the Committee's By-Laws, a copy of which is enclosed, we would ask that you or a member of the County Commission be named to serve on the Committee in a voting capacity. Each Committee member is very important in contributing to the effort by our Committee to assist the Authority in its continuing commitment as a positive and constructive asset to our community. If you have any questions or need further clarification regarding this matter, please contact me at 643-3773. ,dl~ncerely, ~ Len Thornton Chairman LT/pr Cc: Authority Commissioners Barbara B. Berry, Commissioner, District 5 Dick Matheis, Chairman, Naples Airport Noise Compatibility Co~ imlrt~l~ENp^ I.T£N No. ADMINISTRATION (941)643-0733/FAX 643-4084. OPERATIONS 643-0404/FAX 643-1791. E-mail air Pnnted on Recyc~ecl P~oef EXECUTIVE SUMMARY UPDATE FROM THE ARMY CORPS OF ENGINEERS STAFF ON THE ENVIRONMENTAL 1MPACT STATEMENT. Objective: To provide input from the US Army Corps of Engineers on the Draft Environmental Impact Statement on improving the regulatory process in Collier and Lee Counties and to provide direction to staff regarding the development and submission of written comments to the Corps within the public comment period. NOTE: The public comment period has been extended until November 2, 1999. One Pubic meeting was held on August 23, 1999 at Three Oaks Middle School in Fort Myers. A second hearing will be held 6:00 p.m., Thursday, September 30, 1999, at the Lehigh Acres High School, 801 Gunnery Road, Lehigh Acres, Florida. One additional public hearing will be held in the Golden Gate Estates area. Details will be announced as soon as contract arrangements are finalized. CONSIDERATIONS: Attached is a summary report of the Draft EIS for Southwest Florida (Collier and Lee Counties). As indicated in the summary report, the EIS was initiated by the Corps out of concern that the current incremental permit review may not be adequately addressing the cumulative effects of such permits. Staff is currently evaluating the full text EIS with back up data. The ElS contains several sets of new information based upon data, GIS maps, the work of the Alternatives Development Group (ADG), water quality monitoring, and other sources. From this information, the EIS contains predictions on the cumulative effect of 20 years of applications and other actions. This is intended to set a benchmark by which, through a series of specific questions, the Corps can compare the effects of individual applications to the predicted total effect. Staff from the USACE will be at the Board meeting to provide an overview of the Draft EIS and to answer questions from the Board. In staff's review of the document, several questions, concerns and recommendations have arisen. 1. The document needs to be structured more concisely and clearly so that it is more user friendly. Tables may help in this regard. 2. Appropriateness and availability of off-site mitigation is not clear. 3. The appropriateness of general permits in certain areas is not addressed. It had been stated during the ADG process that in some areas the permitting process might be facilitated via general permit(s). 4. The maps are also confusing. The map depicting the Overlay of Alternatives appears to be easier to understand as it more clearly depicts the conflicts between development areas and preservation/conservation areas. No. I '*'" ~ SEP 1 4 1999 5. Within Golden Gate Estates, two levels of impact thresholds are identified, 10% and 50 %. ~ Will property owners who submit plans, which remain below these thresholds, be able to obtain an expedited permit review? Is there the possibility of a collaborative permit review through a general permit for single-family homes in North Golden Gate Estates that remain below these thresholds? 6. Since the Draft EIS provides for maximum quantities (in terms of impacts on preservation lands, impacts on water quality, etc.) it is assumed that through the permitting process the Corps will keep a running tally. Once the maximum impact levels in any area have been reached, will no further permits be issued? Is this a first come first serve process? That is, will early permit applicants or permit applicants effecting a larger area or more of a resource be able to use up the prescribed amount of the respective resource? Will this not cause a rush of permit applications in order to attempt to ensure some "vesting" status? FISCAL IMPACT: The recommendations of the Draft EIS, if adopted by the Corps, will require additional data collection and site analysis by property owners in the permit review process. This may have an increased fiscal impact on those property owners, though a specific amount is difficult to predict since it will be a case by case determination. STAFF RECOMMENDATION: Staff recommends that based upon the Corps presentation and response to questions on September 14, 1999, staffbe directed to prepare a written response on behalf of the Board detailing any remaining outstanding questions and concerns. Staff recommends that this response should be sent to the Jacksonville District within the extended comment period. PREPARED BY://~~p Date: 5:' - 2 - P,,~ Planning Services Department Director / / APPROVED BY: ''~P ~ Date: · V~ncent A. Cautero, AICP Community Development & Environmental Services Administrator SEP 1 4 1999 Pg. SUMMARY DRAFT ENVIRONMENTAL IMPACT STATEMENT On Improving the Regulatory Process in Southwest Florida Lee and Collier Counties, Florida Need or Opportunity The study area consists of a large portion of Lee and Collier Counties located in the southwestem portion of Florida. This area has experienced a rapid rate of growth. The area also contains a number of .important resources including protected species, wetlands, rnadne and estuadne resources, habitat preserves, sanctuaries, other public and private conservation lands, and other important ecological resources. The rapid development of the area has an impact on these ecological resources as well as water quality, air quality, housing, agriculture, toudsm, industry, and the local economy in general. The U.S. Army Corps of Engineers, Ja~viile, District (Corps), has received or expects to _mce__ive applications for permits to fill wetlands and to impact other waters of the United States in rite study area. The number of acres of wetlands that would be impacted would be a substantial portion of the national total resulting from permit actions by the Corps of Engineem. The Corps must consider a number of public interest factors and comply with a number of Federal and State requirements in association with any permit action. Independent of the Corps' permit process, there are a number of Federal and State environmental requirements which also affect water quality, air quality, land use, protected species, etc. These are largely beyond the control of the Corps. The ElS is being drafted to support future Corps' decisions on whether or not to issue Department of the Army Permits (Permit). As provided by the Clean Water ~ of 1972, a person must apply forand be issued a Permit pdor to placing fill in wetlands or other Waters of the United States. The out of concern that the Corps' incremental (permit-by-permit) review may not be the cumulative (total) effects. To iden1~ the total effects, the Corps must predict the ~ ~at of applications ~at will be submitted. Major Findings and Concltmlons This ElS discloses a set of predicted futures based on ~~ (or criteria) about future land'use in the study are~ The impacts of these futum~ o~ -mrious environmental and socioeconomic factors are explored (see diagram iljustrating the procalss for alternative selection and evaluation). The foundation of this effort was accomplished by a diverse group of stakeholders (the Alternatives Development Group). The AJlernatlves Development ~ (ADG) consists of representatives from local, State, and Federal governments; environmental groups; and business interest. This effort was further refined by the Corps with input from other agencies, groups, and the general public. Substantial input on protected species and other fish and wildlife ~ was provided by the U.S. F'~h and Wildlife Service. Substantial input on water quality was providegl by the U.S. Environmental Protection Agency. The inler-m~3n Of future land tree wiltt requirements (especially the requirements of Itm F_ndangemd Species Act and the Clean. Web. Act) are heavily considered in postulating the aEertmflve futures. ~*~: AG EN[~T~,~ No. _ .SEP 1 4 1999 Identifying cumulative effects (Evaluation Dele Ensembles Stx~w Similarities Factors). All of the land (com~)l _~' & Differences Compesit~ ~... useJcover futures -- Q (referred to as _ . _,-.. ~ ~ ,, _ , Ensembles) predict that uev_e:opmer~ ~ ~., "v" 0 /~ evalc_=J~__n &~ sub, mn eveic nt / will conlJnue, but they &Evatuat~ i------i,~ca~pmject Jcycle Arerna~ "--'-fl S I'- ."r~t~'" Rev~ I-~ :~ Forum differ in how much more. Futures [ I ¢~ef,ja~ i Cdl~'ia t the study area is A=so<:~ ~ T F;~,'' -~lCor~u~ll /- ~ currently urban or cr~m I I/,/ '~ ~brr.. I / (included in this 20% are . m 'Yacant' lots and lands ~ ~' . ,/~ with roads). The five Ma~-~t Possible Future ~ Aseociated Cri~ria Enaerrd~as predict that (a~ to anct refine as The Alternatives Selection and Evaluation Process development will range from 31% to 41% of the increase in area of developrnent will occur as a result of a combination of:. (1) filling wetlands (which requires a Corps permit); (2) cleadng of non-wetland native vegetation; 'and (3) conversion of farmland. The Ensembles predict that from 5.5% to 6.6% of all the wetlands in the study area will be filled. The Ensembles report the predicted effects on a number of other factom as well (see Table 3 in the ELS). Using available information (.Best Professional Judgement) The level of detail of the analysis corresponds to the size of the study area. The maps cover approximately 1,500 square miles and areas of urban, agriculture, and preservatJod were drawn literally.using felt Ups. The purpose of the maps is t~'describe broad concepts, for example, wildlife habitat ccxridors. The maps am not detailed delineation of parcel boundaries but are general locations of ¢liffa~a3t land cover types. The group was asked to identify issues, ~he factors that influence those issues, and to create and evaluate how different configurations of land cover types would affect those issues. The participants used their expertise to identify which of the differences between the maps had the greatest influence on a particular set of issues. The Corps, in its permit application reviews, relies on this same use of "best professional judgement' and does not require applicants to develop elaborate economic or other logistics models. Taldflcj Stock (New Information) Currently, the Corps' evaluation of cumulative effects of an individual application is based on the issues identified by ttte Corps' project manager and concerns raised by the public or other agencies. This ElS ~.nm~._~ .First, it provides a prediction of ttm total elleot f~ twen~ yearn of applications, ami m~lle~. ~ Therefore, the effect of the individual apish can now be compared to the total predic~¢l elfe¢~ Secon~ '~~ a c~xnpmheflsive r~t ol~lssues. the Corps project manager can ensure the evaluaaons are consistent bet'ween individual ~e= Rather than looking at a#amalNes for any particular permit aclJon by the Corps, this ElS predicted future, this ElS provides inforrmaUon that will be useful in rnaidng decisions and determining .... cumulative impacts of individual permit action altemafivas (including permit issuance, denial, project ,,, .... SEP 1999 Pi' '/'// - Predicting Impacts (AJtematives) A group of local citizens and agency representatives (the ADG), at the Corps request, created and evaluated several predictions ("alternatives"). One of the alternatives represents the ~atus quo (not considering the information provided by this ELS). Other alternatives include ideas that the ADG collectively or individually felt might occur or would like to see occur. Since the Corps cannot control the type of applications that are submitted, the ElS will present these alternatives and the evaluations. This information will be used in the review future applications. Relating to Local Planning (Comprehensive. Plans) The Corps' authority is independent of Florida's Comprehensive Planning process; however, existing Comprehensive Plans make reference and defer to State and Federal wetland permitting. The Lee County Comprehensive Plan states "...the county will not undertake an independent review of the impacts to wetlands resulting from development of wetlands that 'is specifically authorized by a DEP or SFWMD dredge and fill permit or exemption." The Colr~r County Future Land Use Map includes an "Areas of Environmental Concern Overlay' and states "This oveday contains general represen~ for information purposes only; it does not constitute new development standards and has no regulatory effect." Collier County Land Development Code requires "...permits must be secured from State or Federal agencies prior to commencement of constnmtion..." Comprehensive Plans designate land use. The Corps does not des~nate land use. Landowners are free to submit applications requesting authorization for any use. Landowners have submitted, and the Corps must accept, applications for permits that would fill wetlands for uses contrary to County Comprehensive Plans. Presenting Futures (Ensembles) The ElS presents five predictions of what the study area will look like in approximately 20 years. Each prediction is called an "Ensemble" (assembled from predictions for the four sub-areas or "zooms"). The Ensembles are labeled "Q", "R", "S", "T", and "U". Each Ensemble consists of a map (showing location of development, preservation, agriculture, and other land cover types) and a variety of criteria that apply to activities within those land cover types. The ADG subdivided the study area into four pieces (called "Zoom A", "Zoom B" or 'q'he Hub", "Zoom C", and "Zoom D") and created several alternatives for each. The ADG created a total of twenty-nine altematives. Each Ensemble selects one alternative from Zoom A, one from Zoom B, one from Zoom C, and one from Zoom D so that the Ensemble covers the entire study area. AJtematives with similar characteristics were placed in the same Ensemble. For example, Ensemble R consists of the altemative in Zooms A that represents the Lee County Comprehensive Plan, the altematives each from Zoom B, C, and D that represent the Lee County and Collier County Comprehensive Plans. The other Ensembles were assembled using alternatives that were similar to each other. Comparing Visions (Overlay of Alternatives) The maps were overlaid to observe the similarities and differences in land cover/use among the different predicted futures (Ensembles). The vadous Ensembles propose the same future land cover type for 67% of the study area. In other words, the different Ensembles essentially share the same vision of the future landscape for 67% of the study area. Land cover/use types include items such as "urban" or "industrial" to indicate that the land cover will be commercial, retail, residential and other types of urban or suburban development. These areas of "development' identified in common for ali the ensembles constitute 14% of the study area. For the remaining land cover/uses that were common to all the ensembles, it was found that "Lehigh Acres", "Golden Gate EsPies" and 'Rural" land cover types are similar for all futures on 8.8% of the study area, "agricultural" on 5.4%, and 'preservation" on 38.8%. For 25% of th~ study area, one or more of the Ensembles map a location as "preservation" while other Ensembles map the same location as "development', "agriculture', etc. For the remaining 8% of the study area, each Ensemble maps different land cover types. While there is agreement among, the various futures for 67% of the study ama, different land cover/use is envisioned for 33% of the study ama (25%+8%) by the various Ensembles. Preferred Altemative(s) This ElS provides information 0~' cu~ impacts ,a~hich w~ ~ tmeful for future permit decisions. This ElS provides information that will help the Corps (and possibly other / / SEP 1999 Reviewing Future Pen'nit Applications (Permit Review Criteria) From the list of evaluation fa(tom and the extent of the reported effects, the Corps has drafted a Permit Review Map (Map) and Permit Review Criteria (Criteria). The Map is based on the Overlay of Alternatives discussed above; some locations were designated "development", others 'preservation", etc. The Criteria provides several lists of questions: if the proposed project located within a"preservation" location on the Map, the applicant will be asked the "preservation" list of questions; if the proposed project is in "development" the applicant will be asked a different set of questions; and so forth. The questions are designed to compare the project's contribution to the total predicted cumulative effect. The evaluation of the cumulative effect, of an individual project will be recorded in the memoranda the Corps prepares for every individual pamtit decision. The Map does not designate the Corps permit decision. For example, if an applica~on. submitted proposes consa'uction of a residential development and if the project site is shown as "preservation" on the Map, the Corps will still consider all the circumstances and design of the individual project pdor to deciding whether to issue or deny a permit. The difference is that additional attention will be given to the application in order to answer the questions listed by the Criteria for "preservation." A draft is enclosed as Appendix G. Issues Raised by the Public and Agencies A number of issues were identified by the AJtltl~a~ves Development Group and others. These include the following: property rights; water man~ ~ quality; ecosystem function; wildlife habitat; listed species; regulato~ efrmienc~ and ~; economic sustainability; local land use policy; avoidance of wetland impacts; mitigation; cumulative/secondary impacts; restoration/retrofit; and public lands management/use.. Areas of Controversy Decisions on permit applications and implementation of vadous other laws to protect environmental resources may be in conflict with certain plans for development and other land use changes. In addition, the question has been raised as to how much restriction on use of private property is justified by the public benefit of environmental protection. As long as there are strong and diverse viewpoints on these issues there will be a degree of controversy. Listening to Community Input (Comments) The Corps' decisions on applications to fill wetlands have impacts on other issues important to the community. The Corps hosted the AJtematives Development Group and is using the Environmental Impact Statement (ELS) process to obtain public input in order to improve its understanding of these issues and to '~t into" the Comprehensive Plans, particularly where the Counties have deferred to or referenced the Corps on wetlands. Comments on the content of this Draft of the ElS will be used to revise the Draft and prepare a Final ElS. The Corps will then prepare a Record of Decision describing and decisions resulting from the ElS. Unresolved Issues This ElS does not result in a decision on any particular permit application, it does explore the cumulative impact of the Corps regulatory decisions and decisions by others for the study area and provide information useful in determining the cumulative impacts of individual permit decisions. Each permit application will continue to be addressed on a case-by-case basis in accordance with laws and regulations. Similarly, the areas of controversy will be addressed on a case-by~ ba~s in accordance with applicable laws and regulations. The Corps recognizes that this ElS represents just one step in the development of an appropriate analysis, that can ap~ describe, tile many interrelationships of wildlife and other issues across the landscape. The Corps is committed t~ ~ the publication of this Draft ElS, worldng ~ the U.S. F~sh and Wildlife ~ t= develop mem~.~ analysis tools to be ultimately incorpo~.ai~=¢l into Ihe Corps' decision processes. For exampl~ tllere are fairly specific guidelines for protecrx~ c4' bald eagle nests from (x3rtslrttcltort and ~ agtNilJe~,-in tt~e vicinity of the nest. There is no similar document (with such spec~) for marly of the ~ ~ factors. Once the detailed analysis tools am available to be used in project development and design, then these can be applied not only to review of applications but also to a re-evaluation of the predicted total change in the landscape to the ex~te~ lhat adverse impacts to listed, speelee ca,roof be ~ and if SEP i 1999 Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Table of Contents Preamble.i ........................................................................................................................ 2 Immokalee Reservation, Seminole Tdbe of Florida .......................................................... 4 Legend: Preservation ....................................................................................................... 6 Goal ............................................................................................................................ 6 Cdteria ........................................................................................................................ 6 I. Wetlands ................................................. : ........................................................ 6 II. Water quality and quantity .............................................................................. 8 II1. Habitat and listed species ............................................................................ 10 IV. Other public interest factors ......................................................................... 15 Legend: Development ............................ :.. ....................................................................... 17 Goal .................................................................................... '.; ..................................... 17 Criteria ....................................................................................................................... 17 I. Wetlands ........................................................................................................ 17 Il. Water quality and quantity ............................................................................. 18 III. Habitat and listed species ............................................................................. 20 IV. Other public interest factors ......................................................................... 24 Legend: Agricultural ......................................................................................................... 25 Goal ............................................................................................................................ 25 Criteria ........................................................................................................................ 26 Ill. Habitat and listed species ............................................................................. 26 Legend: Rural ................................................................................................... '.' ............... 26 Goal ............................................................................................................................ 26 Criteria ........................................................................................................................ 27 Legend: Golden Gate Estates Zones I and 2 .................................................................. 27 Goal ............................................................................................................................ 27 Cdtena ........................................................................................................................ 27 I. Wetlands ......................... , ............................................................................... 27 11. Water quality and quantity ............................................................................. 28 Legend: Lehigh Acres Urban or Lehigh Acres Greenway ................................................ 28 Goal ........................................................................................................................... 28 Cdteda ............................................................................................................ ............ 28 II. Water quality and quantity .............................................................................. 28 IV. Other public interest factors ................. : ................... : .................................... 28 Figures. Figure 1. Study Area ......................... : ..................................................................................... 2 Figure 2. Project Review Map..~. .............................................................................................. 3 Figure 3. Overlay of Alternatives ............................................................................................. 5 AOENDA ITEM --"" . ~. Page I of 28 pages DRAFT . SEP 1 ~ 1999 .- _ ......... :' .. p~., Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Preamble. This document will be used by Corps Project Managers to evaluate the direct and indirect (cumulative and secondary) effects related applications for Department of the Army Permits under Section 404 of the Clean Water Act. This document applies to the study area of the Environmental Impact Statement for Improving the Regulatory Process in Southwest Florida (ELS). The study area measures 1,556 square miles. The Corps' decision whether to issue or deny a Permit is based on an evaluation and weighing of the effects (both impacts and benefits) of the proposed project on many factors, including wildlife, endangered species, and water quality. The decision will consider both the direct and immediate effects and the indirect (cumulative and secondary) effects of the proposal. The decision will consider all the circumstances and design of each individual project. The Corp's Project Manger will use this document to prepare the Environmental Assessment/Statement of Findings (EA/SOF) memorandum that supports each Corps decision to issue or deny a permit. This document provides several lists, of questions. Each list is keyed to the land cover types of the Permit Review Map (Map), figure 2. If the proposed project is located within a "preservation" location on the Map; the applicant will be asked the "preservation" list of questions; if the proposed project is in "development" the applicant will be asked a different set of questions; and so forth. The Map is based on the alternatives developed dudng the preparation of the ElS. Each alternative presented a map and' associated criteda that represen, tsa prediction of the what the study area will look like in approximately 20 years...The alternatives were then overlaid to find which geographic locations were mapped with similar land cover types, figure 3. For example, the alternatives variously use legends such as "urban" or "industrial" to indicate which areas of the study area will be occupied by commercial, retail, residential and other types of urban o¢~ .. suburban development and, for 14% of the study area, the altematives all mapped some form Of "development". For 25% of the study area, one or more of the alternatives map a location as "preservation" and the remainder at "development", 'agriculture"; etc., shown grey in Figure 3. For the remaining 8% of the study area, each Ensemble maps different land cover typ ,~ ~.t o, AGENDA ITF..M white areas in F'~gure 3. The Map (F'Kgum 2) "fills in' the grey and white areas. SEP 1 1999 Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Development " Developrnem - with compensation for wide-ranging species ":':::'"::'"":'"'"'""'"" Golden Gate Estates Zone 2 Lehigh Acres Urban -or~ Golden Gate Estates Zone 1 Rural Agricultural (with limited intensification) Flowway improvements PROJECT REVIEW MAP J AGE~A ITr~ Page 3 of 28 pages DRAFT ~ ,-~ Permit Review ..Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. The Map does not predetermine the Corps permit decision. For example, if an application proposes construction of a residential development and if the project site is shown as "preservation" on the Map, the Corps will still consider all the circumstances and design of the individual project prior to deciding whether to issue or deny a permit. However, the nature of the questions demonstrates that the Corps intends to devote more attention to applications within the "preservation" area than to elsewhere. Neither this document nor the Map applies to projects holding unexpired Department of the Army permits. This documen: only applies to applicants seeking authorization for placement of fill in Waters of the United States under Section 404 of the Clean Water Act. The Map shows generalized land cover types. The information used to generate the Map reflects a synopsis of best available information. Boundaries between land cover types are not precise and no attempt was made to match parcel boundaries. The document is subdivided by the land cover types (legendsl on the Map. First, a general goal is stated for each legend. Then, questions are presented under four headings: I. Wetlands; II. Water quality and quantity; II1. Habitat and listed species; and, IV. Other public interest factors. For most questions, suggestions are made for the statement(s) that would be placed in the F_/~/S©F. Parenthetical comments are provided that synopsize information found in.the ElS. The Map provides one prediction (of many possible predictions) of the total effect of twenty years of activities. Some of the activities, but not all, require Corps permits. The questions and suggested statements are designed to: (1) compare the effect of the individual application to the total predicted cumulative effect; and (2) provide notice if the individual project will change the prediction. The evaluation factors used t6 analyze the effects are not elaborate. Their purpose is to present the relationship of an individual permit to the whole. As these are used, the Corps will periodically evaluate, in cooperation with other agencies, the accumulation of permit decisions to evaluate trends. The Corps recognizes that the evaluation factors presented herein are just one step in the development of a more elaborate analysis to describe the many interrelationships of wildlife and other issues across the landscape. The Corps is committed to working with the U.S. Fish and Wildlife Agency and others to develop more detailed analysis tools to be ultimately incorporated into the Corps' decision processes. Immokalee Reservation, Seminole Tribe of Florida. The Immokalee Reservation is not assigned a legend. Therefore, there is no prepared list of questions or evaluation factors for reviewing the cumulative effects of projects proposed within the Immokalee Reservation. Corps Project Managers will continue to recognize the status, governmental authority, and powers of the Seminole Tdbe of Florida and the dghts under any tdbal~agreement with any agency of the U.S. Government. I AGENDA ITEM' Page 4 of 28 pages DRAFT SEE) 1 zt 1999 ,.. Permit Review Criteria DRAFT Suggestions for changes to this clraft and the use of these evaluation factors are welcomed. N Following legends denote the locations where the alternatives dravm by tt~e Altemat/ves Development Group predicted a similar land cover type (for example, where one alternative says 'urban' and another says "industrial". both are similar in predicting a 'development" -- land cover for the future.) Covers 67% of l~e s~udy area. ?~,~/.~.,/~ DeveJoprnent (14%) ~ Lehigh Acres & Golden Gate Estates (7,5%) ~ Agdcu~ura~ (5.4%) 'Grey' locations are tbo~e where one or two C~-oup s~owed "Presentation" and U~e show~ ~ o~ 'Agd~ural" or elc. ~ Grey (25% of the study area) Areas left blank (wh~e) are those Iocatk~s ~ C_~oup (ADG) pre=r.=ted severa ~rffere~t future OVERLAY OF ALTERNATIVES AGENDA ITEM Page 5 of 28 pages DRAFT S_FP 1 ~ 1999 Permit Review Criteria DRAFT Suggestions for changes to this draft and the' use of these evaluation factors are welcomed. Legend: Preservation. Goal. The Preservation land cover legend shows lands that are set aside strictly for conservation purposes. These areas are primarily existing and proposed public lands to be managed for wetlands and wildlife protection, but include pdvate lands that have been identified as having significant resource value. Many of these lands have been, or are desirable for, fee title purchase by government or pdvate entities (such as mitigation banks) to protect critical wildlife and aquatic/wetland resources. In other cases, such entities have or may purchase conservation easements ensuring that such lands will be managed consistent with conservation goals. Cdteda. I. Wetlands. A. If the proposed project is for a non-preservation purpose, can the proposed project be located within the areas mapped as development? The answer must be supported by an extensive geographic and site alternatives analysis. (Coq3s regulations, including the Section 404(b)(1 ) Guidelines, require an analysis that shows the proposed project is the least damaging practicable alternative. The analysis is performed in sequence: (1) demonstration that no other sites are available to avoid the wetland impact, or if available, have greater impact; (2) demonstration that the selected site anti selected site plan has the minimum impact compared to other alternatives; and (3) compensation for the resulting unavoidable impacts is provided. Presumptions are: (1) water dependency; (2) upland impact is le~s damaging to the aquatic environment. The U.S. EPA may formally raise concerns W~th the alternative analys~s by writing comment letters as provided by the 404<:I M©U, The Map shows a large area of vacant/natural land for non-preserve land cover types. The Corl=s will presume, unless rebutted4justified as impracticable, that sites for non-preserve activities are available outside of the areas mapped as preserve.) Evaluation factors to be used. Avoidance of Wetland Impact. State whether the acres of proposed fill would contribute to a cumulative fill greater than 5.6% of the wetlands in the study area. (Section 4.2 estimates that, for the five Ensembles, from 5.5% to 7.0% of the wetlands in the study area will be filled The lower percentage better satisfies the requirement for avoidance. The estimate for the Map is 5.6% However, in the calculation of this estimate, a small amount of wetland fill (1%) was estimated to occur within areas shown as preservation, If a proiect proposes any fill, and ceffainly any fill greater than 1% of the wetlands on the site, consideration must be given that this may result in cumulative impact greater than 5.6%.) Loss of buffers adjacent to wetlands. State whether the area of the project footprint will reduce the quantity of native vegetation in contiguous preserves to some number less than 42% of the study area. (Section 4.2 estimates that existing preserves total 27% of the study area. Native vegetation occupies For the five Ensembles, areas mal~ed as preserve range from 38% to 43% of the study area. The estimate for the Map is 42%. Natural resource benefits result from a matrix of upland and wetland. This matrix is ideally provided in contiguous preserves, Buffers outside of contiguous preserves have a higher probability to be impacted. Preservation of of a wetland and Joufl'br provide greater benefits to the aquatic ecosystem t~an preservation of wetlands alone.) B. For an application that proposes effects that are a large percentage of the cumulative numbers for any of the evaluation factors, should a project specific ElS be prepared to support the permit decision? C. Does the proposed project preclude use, for compensatory mitigation, of a porti, n nfthe area mapped as preserve? AGENDA ITEM SEP I 1999 Page 6 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. (All Ensembles predict expansion of existing public contiguous preserves. In part, this provides an oppo~unity for restoration or creation activities that would compensate for unavoidable impacts from projects located outside of the preserve mapping. Impacts are expressed in terms of acres and also in terms of the functions lost. Compensation is provided by creating new acres or restoring the furtctiorts of degraded areas and is often provided within the boundaries of the project. However, creation or restoration within contiguous large preserves sometimes provides greater natural resource benefits than performing the same work on a "postage stamp" wetland surrounded by urban development. The Map shows these contiguous areas as preservation. Therefore, within areas mapped as preservation, projects that create/restore natural benefits are preferred compared to non-preserve projects, A second preference is that comper~ation include the acquisition and preservation of 'new preserves' so that the area o~ actual preserves is expanded, rather than simply performing restoration on existing public preserves.) Evaluation factors to be used. Availability of compensatory mitigation. State that the wetlands within the Project footprint are part of a set of wetlands particularly preferred for restoration and therefore the project may preclude the wetlands' availability as compensatory mitigation for projects else.where in the study area. (Section 4,2 estimates, for each Ensemt~le, the percent of the total wetlands within the sludy area that are located in areas of 'new preserves". 'New preserves' are areas mappeci as preserves but are not currently in public or other management for the purposes of natural resource boner, s. For the five Ensembles, the percentage ranges from 17% to 24%. The percentage for the Map is 22%. These are the wetlands that would be targeted for acquisition and restoration to provide compensatory mitigation based on the preferences stated in the background paragraph above. Adjacent uplands would be available for creation of wetlands, if appropriate. Not all of tl~ese wetlands need restoration. Not all of these wetlands would be available for restoration. However, a larger percentage provides a greater selection of compensatory mitigation sites for projects in "development' areas.) Reduction in available acreage ratio. State whether filling wetlands within the project footprint reduces the choice of mitigation sites for other projects in "development" areas. (Section 4.2 calculates, for each Ensemble, a ratio of the acres of wetlands in "new preserves' (factor #3) divi, ded by the acres of wetlands that will be filled (factor #1 ). For the five Enseml~es, the ratio ranges from 2.6:1 to 44~1. The Map has a ratio of 4.0:1. Acreage ratios are a convenient surrogate for the detailed analysis of wetland functions and values in calculating mitigation. The ratio calculated here would occur if (1) all of the estimated wetland impacts were compensated within 'new preserves" (unlikely that 'alF since some compensation will be performed at the project site) and (2) ail of the 'new preserves' were used for compensation (unlikely that 'all' since some of the mapped 'new preserves' will not be suitable for th~s). However, a higher the ratio indicates greater choice in location of compensatory mitigation.) Availability of replacement wetland function. State whether filling the wetlands within the project footprint reduces the assurance that ecosystem functions lost from other projects in "development" areas can be replaced. (Section 4.2 describes that, for each Ensemble. the presence oir function was scored either high, medium, or Iow for wetlands that will be filled and those that are in the "new preserves". An acre of weliam::l filled that nas a n~gh score would represent a large numl~er of lost "units" of function. An acre of wetland within 'new preserves" that scored Iow would, through restoration, provide a large number of replacement 'units'. The ratio o! units of restoration divided by units of impact vary, for the five Ensembles, from 1.8:1 to 3.3:1. The Map has a ratio of 2.8:1. A higher ratio indicates greater assurance.that the ecosystem functions can be replaced,) D. Has the alternative analysis demonstrated that the applicant has satisfied avoidance? (The MOA bet, wean the Corps and EPA Concemi~ ~e Determinaflo~ gl Miti~a'tion undo!' the C..lean Water Act Sectio~ 404{b)(1} Guidelines requires the review to progress through a sequence demonstr~ fi~., avoidance of impacts, second, minimizatio~ of impacts, and third, compe~'"~,ation for functions and watues E. Has appropriate compensation been provided for functional replacement? (The ahab/sis wffi use available nume,-ic or othet' assessment tools, such as, the one pubishecl'_ln Ihe~ J_er~_~ Octobe~ 1998. State/Federal .Miti~atior~ Bank Review 'ream Proc.,es~. O~eratiortal Draft. I S£P Page 7 of 28 pages DRAFT 999 Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. consideration will be given to the wetlands' location on a landscape scale, i'or example, cumulative losses of seasonal wetlands.) F. Are buffer zones (e.g., uplands, open space) provided around wetlands and other waters, particularly stream and river corridors and flowways? (There is very little topographic relief within the study area, therefore the surface area of marshes, streams. and other waters greatly expands into adjacent lands during the wet season. Native vegetation surrounding the wet-season expanse provides habitat for wetland dependent wildlife and visual, noise, and other I~Jffering between the wetland and adjacent human activities. The purpose of Question #A above is to evaluate how the project footprint disrupts the ideal situation: a large contiguous matrix of weUand and up~and. If the proposed project addresses that, then the current question is an additional evaluation whether impacts are minimized within the project footprint.) Evaluation Factors to be used. Connectivity between major habitat areas. State whether the buffer width and arrangement maintains connectivity across the project footprint to surrounding contiguous areas of native vegetation. ', (Section 44 reports the evaluation of the connections proposed within areas mapped as development. That evaluation did not include connections within areas mapped as preserves since the presumption was that contiguous areas of native vegetation would remain, The evaluations concluded that wider and more numerous connections are more immune to disturbance from adjoining land uses.) Fringe. State whether the buffer width and arrangement affects the estuarine fringe. (Section 4.4 reports the evaluation of different configurations of the development mapping along the estuarine fringe. None of the Ensembles directly affected mangrove or salt marsh, but those Ensembles that proposed, as preservation, the pineland and hardwood hammock plant communities behind the fringe were considered to protect the fringe*s ability to provide aquatic nursery and foraging hal~tat. The MaD snows tr~ese areas as preservation,) Water quality and quantity. A. Is the increase in pollutant loading minimized? (Corps must evaluate compliance with water quality standards but considers Florida's certification of compliance as conclUSive unless EPA advises the Corps to consider other aspects. However, changes to the proposed project must be evaluated to confirm that the proposal is the least damaging pract~cat=le alternative.) Evaluation factor to be used. ~ Pollution loading. State whether impervious surfaces have been minimized and if all practicable opportunities have been included to provide BMPs. (Ail the Ensembles prediot conversion of native vegetation to development. Section 4.10 notes that development had higher pollutant runoff compared to natural vegetation but that can be minimized by treating the runoff through detention portds, vegetated swales, and sm~itar "Best Management Practices" (BMPs). Enseml:~s t~at mapl3ed less area of development and/or suggested im;talling/retrof'itting regional BMPs were cortsidered to be less likely to adversely affec~ water'quality. The Map shows, as preservation, some of the areas where BMPs are not practk~.able or are not currently required unde~ Floricla's rules that grandfsther older s4Jbdivision$.) B. Have wetlands been preserved in locations and quantities to minimize freshwater pulses and assimilate pollutants? (Pulses of freshwater have detrimental effect on estuaries by rapidly changing the salinity.) Evaluation factors to be used. A~A ITEM SEP { 1999 Page 8 of 28 pages DRAFT ~'l /~ Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Freshwater pulses. State whether the project, by reducing wetlands and buffers, will increase the likelihood of freshwater pulses. (All the Ensembles predict conversion of native vegetation to development. Section 4.10 notes that the ~mpervious surfaces within development would have a mo~e rapid runoff of rainfall compared to natural vegetation. Ensembles that mapped less area of development and preserved greater area of wetland were considered less likely to affect water quality. The Map snows, as preservation, wetlands along flowways and in cor~Jguous preserves to maintain storage of pea~(flows.) Contaminant ReducUon. State whether the project, by reducing the contiguous areas of wetland and buffer, will increase the likelihood of degradation of water quality downstream. (All the Ensembles predict conversion of native vegetation to development. S~ction 4.10 reports Ensembles that mapped less area of development and preserved greater area of wetland were considered less likely to affect water quality. The Map shows, as preservation, wetlands along flowways and in contiguous preserves that, among other things, provides capability to aS~milate pollutants.) C. Are historic water flows maintained or restored? , (The study area has many man-made cflanges to the historic flow patten'ts, including drainage canals, roacis that b~ock hrstodc sheet-flow, and bores. Many ideas have been developed in the past to retrofit structures o~ to restore areas. Some c~ those presented during the preparation of this document include: (1) restore southern Golden Gate Estates; (2) improve and add culverts under US 41; (3) fix canal plugs on cana~ south of 1-75: (4) change existing drainage works in Water Management District VI and Belle Meade that place pulse drSCharges to Rookery Bay; (5) add weirs in Cocohatchee Canal; (6) restore Clam Bay and Vanderbilt Lagoon; (6) detain additional water in northern Golden Gate Estates to reduce fresh water pulses to Naples Bay; and (7) restore flows from the Ester0 Bay Watershed to Halfway Creek and the Estero River~ Due to the complexity of the issue, comprehensive wstershed modeling is usually needed, such as the South Lee Study and the Lower West Coast Wate~ Supp~ Plan by the South Florida Water Management District and the District VI improvements by Collier County.) Evaluation factors to be used. Water Management. State whether the fill, by reducing the area of contiguous wetland, will degrade historic flow patterns. (Section 4.15 reports the assessment whether the five Ensembles addressed seven factors, existence cf infrastructure; potential fa home damage; requirements for home construction meeting the one-hundred- year storm event; c~ange in [Iood depth; maintenance or improvement toward historic flow pattm'ns; water storage; and aquifer zoning. Existing local rules provide criteria either preventing or providing res~'ic'tions cn design of homes within floodplains to prevent damage. Existing rules provide for the maintenance and upgrades of infrastructure from new development. Section 4.15 reports Ensembles that suggested wider flowways or preservation of wetlands reduced the potential for changes in flood depth and maintained historic flow patterns. The Map proposes preservation of large areas of wetlands and wide flowways to reduce the reliance on structural water management solutions.) Groundwater impact. State whether the project, by reducing the contiguous area of wetlands, directly or indirectly degrades wetlands surrounding wellfields. (Section 4.10 reports that much of the dnnking water comes from the Sun-~cial Aquifer System. closely linked to conditions in the wetlands on tl~e surface. Exisang local rules p~otect the wetlands in the vicinity of the wellfields. Ensembles that placed additional wetlands in pres~ervation were considered to further reduce the likelihoocl of impact. The Map maps a larg~ area as preservation based on recognition that the aquifer is influenced by activities overe large portion of the study area and that indirect effects (such as change in hydropattern) of wetlands in the vicinity of wellfields are less likely to occur if surrounded by contiguous preserves.) III. Habitat and listed species. Note. The Corps reviews applications requesting authorization to work in wetlands and other Waters of the United States. However, the Corps evaluation can include evaluating the effects that related upland work may have on the aquatic environment or other Federal interests as appropria le and~,~ENOA 13~r.M provided by law, for example, the Endangered Species Act and National I-r~toric Preserv~ :ion ~ //~ ~ S27 1 1999 Page 9 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. A. Does the proposed project fragment habitat? (The Study area still has a wide vadety and large population of wildlife. The "fronts" of suburban development have been expanding inland from the urban centers of Fort Myers. Bonita Springs, and Naples. As these fronts meet with each other and with the suburt:)an development in Lehigh Acres and Golden Gate Estates, the once large expanses of habitat are becoming more fragmented. Many species forage over large areas and require a mixlure of vegetative communities for their life histories. Many afro(ts have been taken to identify the large "islands" shared by many species and their links so a fal3(ic of habitat is maintained to retain a sustainable sample of w'nat was once p~esent.) Evaluation factors to be used. Strategic Habitat Conservation Area (SHCA). State whether the project will preclude the opportunity to place, within contiguous preserves, areas identified as SHCA to some number tess than 5.4% of the total SHCA in the State. (The Florida Game and Freshwater Fish Commission report ¢losinq th....~e Gaps in Florida'.~ Wildlif~ H~31~itat Conservation System identifiecl the minimum quantity of larKI that would maintain Florida's animal and plant populations at levels sustainable into the future. The report maps 33% of the area of the State. The SHCAs are the mapped areas not currently under public owners~fip. Section 4.4 repoils that 8.2% of the SHCAs are found in the study area. The areas mapped as preservation in the five Ensemt)les encompass from 4.6% to 5.7%. The Map encompasses 5.4%.) Connectivity between major habitat areas. State whether the footprint of the project either blocks or narrows a connection between two major habitat areas. (Section 44 reports the evaluation of the connections proposed within areas mapped as development. That evaluation did not include connections within areas mapped as preserves since the presumrXJon w-as that contiguous areas of r~ative vegetation would remain. The evaluations concluded that W~der and more numerous connections are more immune to disturbance from adjoining land uses.) Regionally significant natural resources. State whether the project preserves regionally significant natural resources. " (The Southwest Florida Regional Planning Council has inventoried regionally significant natural resources and has drafted a Strategic Land Acquisition/Conservation/Preservation Plan for Southwest Flodcla The Estero Agency on Bay Management (ABM) has prepared an Estero Bay Watershed Land Conservation/Preservation Strategy Map" and has adopted guiding principals. For the latter, Section 4.4 reports the assessment of how the five Ensembles enhanced implementation of the ABM's work.) Multi-Species Recover7 Plan (MSRP). State whether the project footprint precludes the opportunity to place 52% of the study area into contiguous areas managed for natural resource purposes. (Section 4.3 reports the assessment of how the alternative enhances implementation o/the U.S. Fish and Wildlife Service's MSRP The Map, and the criteria proper, explicitly support MSRP recommendations. For all species, the MSRP recommencls preservation of contiguous areas of native vegetation. The area mapped as preservation by the five Ensembles range from 45% to 53% of the total study area. The Map provides 52%.) B. Is Xeric oak scrub, rosemary scrub, and scrubby pine flatwoods, and other rare resources associated with ancient dune systems preserved? (No( many examples of these plant communities remain in the study area.) Evaluation factor to be used. Fdnge. State whether the buffer width and arrangement affects the estuarine fringe. (Section 4.4 reports the evaluation of diff.'ant configurations of the development mapping ~t~_ .... ,, estuafi/te fringe. None of the Ensemble~ directly affected mangrove or salt marsh, but th~"E'~~A I'rEM that proposed, as presentation, the pineland and hardwo(~l hammock plant communilie~ ,behind ~/ringe//~ h 1999 Page lO of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. were considered to protect the fdnge's ability to provide ac~uatic nursery and foraging habitat. The Map shows these areas as preservation.) C. Are coastal forests (especially mangroves), coastal hammocks, sub-tropical hammocks, coastal pine flatwoods, and dparian forests (associated with streams or creeks) preserved? Factor to be used. Flowways. State whether the project will increased the vulnerability of these forests to impacts by removing the surrounding areas of vegetation. (Section 4.4 notes that most of the major habitat connections follow natural watercourses. Ensembles that mapped flowways through large contiguous areas better provided for a mix of upland and wetland habitat and for attenuation of peak flows. The Map shows large areas of contiguous preservation. A coastal and dF, arian forest that is part of a narrow flowway through a development is more vulnm'able to impact from the development ti3an if that forest was part of a contiguous preserve.) D. Are isolated and seasonal wetlarids, including small wetlands, preserved or restored with functional buffers and water budgets that support natural 'l~ydroperiods? Where isolated wetlands are associated with larger sheetflow systems, is the system preserved? (Seasonal wetlands are found in shallow ctepressions that rely heavily on direct rainfall and runoff from adjacent uplands, wffh sheetflow between depressions dunng the wet season. The depressions are not evenly distributed across the landscaoe.) Evaluation factor to be used. Seasonal wetlands. State whether the project will reduce the area of seasonal wetlands in contiguous preserves to some number less than 76% of the total area of seasonal wetlands in the study area. (Section 4.4 estimates that, for the five Ensembles. from 70% to 86% of the total area of seasonal wetlancts are located within areas mapped as preservation. ,The higher the percentage, thC'more likely that natural hydropattems will be maintained. The Map provides 76%.) E. Are high marsh systems and sea grasses preserved? F. Is Florida panther habitat preserved? (Th~s wide ranging species requires a mixture of upland and wetland habitat. The Florida Panther Habitat Preservation Plan (HPP) identified as either Prior~y 1 or Priority 2 those lands not in public ownership but essential fc~ maintaining the population.) Evaluation factors to be used. Flonda panther priodty lands. State whether the project will reduce the quantity of Priority 1 and 2 habitat within contiguous preserves to some number less than 70% of the total priority habitat in the study area. (Section 4.3 estimates that, for the five Ensembles. from 56% to"72% of the total Priority 1 and 2 lands within the study area will be encompassed by'the lands mapped as preservation. The Map provides 70%. The higher percentage within contiguous preserves provides greater assurance of preserving the population.) Flodda panther on agricultural lands. State whether the project blocks connection to or affects the agricultural lands that have suitable habitat. (Section 4.3 estimates that, for the five Ensembles, from 18% to 26% of the total Priority 1 ~ ,. within the study ar~a will be encompassed by the lands mapped as agriculture. These are ~ are t~A ITl adjacent to public ~ proposed contiguous preserves and are important components of the ~tal habitat available to the panth~'. In aclcr~ those Ensembles that proposed criteria to restrict the lt~/'-- SEP I 1999 Page 11 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. agriculture were considered to increase the assurance of the preservation of the species. The agricultural area shown on the Map encomDasses 18% of the Priority I and Priority 2 lands in the study area.) G. Are Bald eagle nests protected? (The Habitat Manaqement Guidelines ~or the 0aid ~ in the Southern Req,iqn provides for minimum buffer distances for construction and permanent activity near a nest site. It does not protect foraging area.) Evaluation factor to be used. Bald eagle. State whether the project, bY removing native vegetation outside of the nest buffer zones, will reduce the number of nests within contiguous preserves below 20. (Section 4.3 estimates that. for the five Ensembles, from 18 to 20 of the total 27 known nests within the study area will be located within areas mapped as preservation. The Map maps 20 nests. Location within contiguous preserves provides higher assurance of preservation of the species since these s~es also include adjacent lands used for, foraging.) H. IS nesting and foraging habitat of the American crocodile protected and buffered from adverse impacts? ('Tl~e American alligator is not endangered but is listed under the Endangered Species Act due to its similarity of appearance to the crocodile.) Evaluation factors to be used. American crocodile. State whether all practicable opportunities have been included to preserve wetlands to provide attenuation of flows. (Section 4.3 notes that changes in the timing and quantity of freshwater flows affect plant and animal commun~ies ~n estuaries, where the crocodile is found. As measured under Question ~B in par~ II abo~e, maintenance of W~de flowways reduce the potential changes in hydropatterns, incFeasing the potential for I~eservati6n of this species.) American alligator. State whether the project will reduce the areas of seasonal wetlands available for this species. (Section 4.3 notes that this spec~es is found throughout the area in large wetland areas, including the seasonal ones measured in Question #D above.) L is shorebird nesting, foraging and resting areas protected and buffered from adverse impacts? (This question applies to shorebirds in general, although one in part~-,Ular is listed under the Endangered Species Act.) Evaluation factor to be used. , Piping plover. Note that potential changes in water quality, as measured by the questions in part II above, may affect the beaches. (Section 4.3 no~es that none of the Ensem~es propose direct impact (fill) on the barrier beaches used as wintering s~es.) J. Are wading bird rookeries protected? ' (Set Beck Distances to Protect Nesting 8~ Colonies from H~m~n Disturbances in Fl~dda SEP 14 1999 Page 12 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. It does not protect foraging area. Foraging range for wading birds is up to 15 kilometers, 30 kilometers for Wood storks.) Evaluation factors to be used. Wading bird rookeries. State whether the project, by removing native vegetation outside of the rookery buffer distances but within foraging range, will reduce the number of rookeries within contiguous preserves below 17. (sect~3n 4.4 estimates that, for the five Ensembles, from 13 to 18 of the total 27 known rookeries within the study area will be located within areas mapped as preservation. The Map Shows 17 rookeries. Location withi~ contiguous preserves provides higher assurance of pres~a~vation of the species since these sites also include adjacent lands used for foraging.) Woodstork rookeries. State whether the project, by removing native vegetation outside of the rookery buffer distances but within foraging range, will reduce the number of rookeries within..contiguous preserves below 12. (Section 4.4 estimates that, for the five Ensembles, from g t~'14 of the total 14 known rookeries wffhin the study area witl be Iocatec~ within areas mapped as preservation. The Map maps 12 rookeries· Location within contiguous preserves provides higher assurance cf p~eservation of the species since these sites also include adjacent tancls usec~ for foraging·) K. Are sea turtle nesting areas protected from adverse impacts and construction impacts proposed during the nesting season? (This question applies to the Loggerhead, Green, Hawt<sbill, and Kemp's Ridley sea turtles.) Evaluation factor to be used. Sea turtles. Note that potential changes in water quality, as measured by the questions in part II above, may affect the beaches. (Section 4.3 notes that none of the Ensembles propose direct impact (fill, artificial lighting, human presence. and exotic vegetation) on the nesting beaches. However. there could be an effect if there is a change in water quality.) L. Are red-cockaded woodpecker cjuster sites and associated foraging habitat protected on- site (or mitigated off-site when consistent with regional recovery plans and developed in Conjunction with fish and wildlife agency recommendations)? (since the habitat of this species ~s in old growth pine, it is very difficult to identify new sites beyond those presently occupied.) Evaluation factor to be used. % Red cockaded woodpecker. State whetl~r the project, by removing native vegetation outside of the cjuster site buffers and within foraging range, will reduce the number of cjuster sites within contiguous preserves below 13. (Section 4.4 estimates that, for the f'we Ensembles, from 2 to 18 of the total 40 known cjuster sites within the study area w~l be located within areas mapped as preservation. The Map shows 13 cjuster sites. Location within contiguous preserves provides higher as_~__~rance of preservation of the species s~nce these sites aisc include adjacent lands used for foraging.) M. Are Audubon caracara nesting territories protected from adverse impacts consi ~tent ]~I~;!RDA I~.M' regional recovery plans or fish and wildlife agency recommendations? N~ SEP 1 1999 Page 13 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. (The study area is on the fringe of the ten county area where the population is found.) Evaluation factor to be used. Auclubon's crested caracara. State whether the project footprint affects adjacent agricultural or prairie areas, directly or indirectly, thereby reducing the availability of habitat on agriculture lands below 10% of the study area, (Section 4.3 estimates that, for the five Ensembles, from 10% to 18% of the study area is mapped as agrk:.Ulture. This species prefers native range and unimproved pasture for foraging. Those agricultural areas remaining in Iow intensity use provide r~ore assurance that appropriate habitat, with interspersed seasonal weUands, will be maintained. The Map provide 10% of the study area but also provides for non- intensification of agricultural use.) N. Is Flodda scrub jay habitat protected from adverse impacts consistent with regional recovery plans developed in conjunction with fish and wildlife agency recommendations? (Since the habitat of this species is in scrub, it is very difficul~ to identify new sites beyond those presently Occupied.) Evaluation factor to be used. Scrub jay. State whether the project, by removing native vegetation outside of the colony site and within potential areas for expansion, will reduce the number of colony sites within contiguous preserves below 11. (Section 4.4 estimates that, for the five Ensembles, from 6 to 11 of the total 26 known colonies within the study area will be located within areas mapped as preservation. The Map maps 11 colony sites. Location within contiguous preserves provides higher assurance of preservation of the species since these sites also include adjacent lands for foraging and expansion of the families.) ©. IS snail kite foraging and nesting habitat protected or compensated co[~sistent with regional recovery plans or'fish and wildlife agency recommendations? (Feeds only on apple snails that are in turn found only in seasonal wetlands.) Evaluation factor to be used. Seasonal wetlands. State whether the project will reduce the area of seasonal wetlands in contiguous preserves to some number less than 76% of the total area of seasonal wetlands in the study area. (Same as Question f~D above.) (Section 4.4 estimates that, for the f'we Ensembles, from 70% to 86% of the total area of seasonal wetlands are located within areas mapped as preservation. The higher the percentage, the more likely that natural hydropaltems will be maintained. The Map provides 76%.) P. Are projects with adverse impacts to eastern indigo snake habitat developed consistent with the provisions of the Eastern Indigo Snake Protection Guidelines (FVVS, 1998)? Q. Are federally listed plant species protected and buffered from adverse impacts? R. Is construction within designated critical habitat of the West Indian manatee conducted consistent with the Standard Manatee Protection Construction Guidelines to minimize impacts associated with water craft-related mortality? IV. Other public interest factors. AGENDA ITEM~ SEP 1 1999 Page 14 of :28 pages DNAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. A. Is the project of a nature that would support additional development pressure within the preservation area? For example: new public/private utilities; new or expanded roads; new well fields or well field expansions. B. Does the project affect hurricane preparedness? O'he South Florida Regional Planning Councirs Hurrican~ Storm Tide Atlas and Hurricane Evacuation Study estimate the population to be evacuated, the shelters available, and evacuation times based on road capacities. The Corps does not have direct authority over preparedness. The Corps can consider hurricane preparedness concerns as part of its public interest reviews, for example, safety and flooding.) Evaluation factor to be used. Hurricane preparedness. State whether the site itself or the evacuation route is particularly subject to flooding or wind damage and identify the actions by the applicant or local government that are mitigating the concern (for example, improvement of roads or id.entification of shelters). (Section 4.15 reports that none of the Ensembles were considered to have changed preparedness. However, most of the areas mapped preservation on the Map have a high percentage of we'Jands or are along the coastal or rivedne fdnge. These areas are natural locations i'or flooding. Some of these areas are also typically distant from major road networks or existing sheltem, increasing the vulnerab~T~ty during evacuation within or outside of the region.) C. Are reasonable exPectations of the landowner affected? (A wide vadety of actions by the Federal. State. and local governments over fJme provide the background for the landowners understanding of the extent of any limitations to the exercise of dghts from property ownership.) Evaluation factor to be used. Property dghts. State the influences on the rights associated witl~3wnership of the project site. These would include: (1) designations in the Comprehensive Plans, (2) history of the landowners preparation of the project proposal prior to submission of the application, (3) development orders or other actions issued by local, State, or Federal governments, and (4) surrounding land use and activities that have affected or are expected to affect the value of the property. (Section 4.6 reports the assessment whether the five Ensembles addressed three factors: fair market value of property; reasonable expectations for use of land and return on investment; and, vested rights. Ensembles with additional restrictions beyond those in the Comprehensive P~ans or that designated areas as preservation beyond those in the Future Land Use Maps would not meet the expectations of the landowners affected. These permit review criteria and the accompanying map do not establish a particular restriction or land use, but identify evaluation questions to assess compliance with existing limitations established by Federal law.) Difference from Comprehensive Plans. State the degree of difference from the local Comprehensive Plan (and accompanying goals and policies). % (Section 4.6 reports the assessment that decisions that departed l'rom the current Comprehensive Plans would be detrimental not only to landowners' r{ghts but also to other socioeconomic concerns of the community. All five Ensembles represent potential futures. The Comprehensive Plans have been modified in the past and may be modif'~d in the future. The Ensernl31e that represents the Com~'ehensive Plan is ncX exactly mpr'esemative of the current Plan, for example, in southern C.,(dden Gate E~_tes.) D. Does the project affect sustainability of local economy? (This i_~_~e is very complex. For a p~ojec~ submitted by a private enterprise, the Coq3s generally ~_?a__~ms that the market r~ce.) SEP 1 1999 Page 15 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Evaluation factors to be used. Economic Sustainability. State whether the project will make a substantial difference to whether the local economy continues to be "sustainable". This will (1) note the project located within the preservation mapping will be an incremental increase over the 38% of the study area already mapped for development, (2) recognize that there is a contdbulion to the local economy, but (3) consider that the increase is a very small portion of the total economy. (Section 4.6 reports the assessment of how the fwe Ensembles affected se( fa(tom describing economic impact: job creation; home affordability; cost of living; property tax base; co~ to irntNement; and increased taxes. Increasing or decreasing the area of development mapped in the Ensembles irx3'eased o~ decreased the creation of jobs and the S4Ze of the local govemmerrrs property tax base. Incr~ or decrees~ng the restrictions on use increased or decreased the costs of producing the product, which affects home affon:labllity and cost of lying. Increasing the area of preservation o~ the ama of ~on efforts ~ an increased cost to local government to im~ement, which when combined with a smaller tax base results in higher taxes. All the Ensembles predict that suburban development will continue, but l~ey differ in how much more. ApproX3mately 20% of the study area is cun'ently urt3an or suburban development (ir~uded in this 20% are "vacant" lots and lands w~th roads, compnsing gr,eater than 3% of the study area). The five Ensem~es range (in their predictions of the future extent of development) from 31% to 41%, The Ma~. shows 38%. Once the 38% of the area is cieveloped with the resulting economic activity, each incremental increase in area of development will be a smalle~ proportion of the total economy.) E. Is management of public lands affected? (Public lands provide the oDportunity for the general public to access the unique natural characteristics of t~e region.) Evaluation factor to be used. Management of public lands. State whether the project affects management of public lands in the vicinity. (Section 4.8 notes thai puDlic lands are affected by the compatibility of adjacent lands and by actions that directly degrade or ~mprove the public lands proper. Ensembles that had the least, effect on public lands provided non-intensive agriculture or expanded contiguous preserves to separate public lands from suburban development) Legend: Development. Goal. The areas mapped Development include areas within the study area that are: (1) presently in urban and suburban use, and (2) adjacent areas that are considered most suitable for urban and suburban development in the future. The areas mapped Development are recognized to be the focal point for present and future urban development. Land and water use decisions should direct development into this area in lieu of promoting urban expansion elsewhere, while maintaining water'shed integrity and coastal resources within the urban boundary. Permit decisions for new roads, utilities, and other infrastructure should also support these goals. Cdtena. I. Wetlands. " A. Have impacts been minimized? The answer must be supported by an analysis of alternative. site plans. (Corps regulations, including the Section 404(b)(1) Guidelines, require an anah/s~s that shows ~e proposed project is the least damaging practicable alternative. The analysis is performed irt sequence: (1) demonstration that no other sites are available to avoid the wetland impact, or if available, have greater impact; (2) demonstration that the selected site and selected site plan has the minimum impa( compared to other alternatives; and (3) compensation for the resulting unavoidable impacts is provided. AGENDA ITEM Presumptions are: (1) wate~ dependency; (2) upland impact is less damaging to the aquatic e wironment. Page 16 of 28 pages DRAFT SEP I ~ 1999 Pi[- ~7 Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. The U.S. EPA may formally raise concerns with the alternative analysis by writing comment letters as provided by the 404q MOU. The Map shows a large area of vacant/natural land for development. The Corps will presume that proposed development within the area mapped as development is appropriate.) Evaluation factors to be used. Avoidance of wetland impact. State whether the acres of proposed fill would contribute to a cumulative fill greater than 5.6% of the wetlands in the study area. (Section 4.2 estimates that, for the five Ensembles, from 5.5% to 7.0% of the wetlands in the study area will be filled. The lower percentage better satisfies the requirement for avoidance. The estimate for the Map is 5.6%. The bulk of the estimated impact was from projects within areas mapped as development. However, in the calculation of this estimate, only a portion of w~lands on the site would be filled. Some projects will impact more than others by the nature of the projects and the conf~juraflon of the wetlands: the amount proposed must be justified by an analysis comparing alternative site plans,) Loss of buffers adjacent to wetlands. State whether the site plan preserves contiguous areas of wetlands and buffej', s vegetation, even if not adjoining public preserves, so that greater than 42% of the study area is preserved. (Section 4.2 estimates that existing preserves total 27% of the study area. Native vegetation (upland and wetlanci, including exotics) occupies 58% For the five Ensembles, areas mapped as preserve range from 38% to 43% of the study area. The estimate fcr the Map is 42%. Natural resource benef~s result from a matra< of upland and wetland. This matrix is ideally provided in contiguous preserves. Buffers outside of contiguous preserves have a higher probability to be impacted. Preservation of a wetland and buffer provides greater benefits then preserving wetlands alone.) B. For applications for projects that propose, individually, impacts that are a large percentage of the cumulative numbers for any of the evaluation factors, should a project specific ElS be prepared to support the permit decision? C. Has the alternative analysis demonstrated that the applicant has satisfied avoidance? (The MOA between the Corps and EPA Concerninq the Determination of Mitiqation .under the Clean Water Act Section 40,4(b}(1 ) Guidelines requires the review to progress through a sequence demonstrating f~st, avoidance cf impacts, second, minimization of impacts, and third, compensation for functions and values )ost.) D. Has appropriate compensation been provided for functional replacement? ('The analysis will use available numeric or other asse~=~ment tools, such as, the one published in the Joint State/Federal Mitiqation I~nk Review T~am Process, ~perational Draft, October 1998. Exceptional con--~deration will be given to the wetlands' location on a landscape scale, for example, cumulative losses of seasonal wetlands.) E. Has the project design optimized for habitat the design of retention lake shorelines? (Retention lake shorelines are often narrow strips of vegetation subiect to disturt)ance from adjacent activities. Designs that create wider'shelves' and planted buffer~ reduce disturbance. Designs that include shallow depression "potholes' to concentrate fish and amphibians are concentrated during Io~ water levels ehance their value to'wading birds' and ott~er species.) F. Are buffer zones (e.g., uplands, open space) provided around wetlands and other waters,. particularly stream and river corridors and flowways? (There is very little topographic relief within the study area, therefore the surface area of mamhes, streams, and other waters greatly expands into adjacent lends during the wet season. Native vegetation sun-ounding the wet-season expanse provides habitat for wetland deper~ent wildlife and visual, no~se, and other buffering between the wetland and adjacent human activities.) AGENDA IT~ Factors to be used. ~ ./~ /-- SEP 1 1999 Page 17 of 28 pages DRAFT . . Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Connectivity between major habitat areas. State whether the buffer width and arrangement maintains connectivity across the project footprint to major habitat preserves. (Though not formally listed, inspection of the Ensembles show connections proposed between major habitat preserves such as Cork. screw Marsh, Es~ero Bay, Six Mile Cypress Strancl. t~elle Meade, Rookery Bay, and Fal(ahatchee Strand. The evaluations concluded that w~der and more numerous connections are more immune to disturl~ance from adjoining land uses.) Fdnge. State whether the buffer width and arrangement affects the estuarine fringe. (Section 4.4 reports the evaluation of different co~figurations of the development mapping along the estuadne fdnge. None of the Ensembles directly affected mangrove or salt marsh, ~ those Ensembles that proposed, as preservation, the pinelar~l and hardwood hammock plant communities l~ehind the fdnge were considered to protect the fringe's ability to provide aquatic nursery and foraging habitat. The Map shows these areas as preservation.) lt. Water quality and quantity. ,, A. Is the increase in pollutant loading minimized? (COrps must evaluate compliance with water quality standards but considers Florida's certification of compliance as conclusive unless EPA advises the Corl~s to consider other aspects. However, changes to tl~e proposed project must be evaluated to conf'ul'n that the proposal is the least damaging practicable alternative.) Evaluation factor to beUsed. Pollution loading. State whether impervious surfaces have been minimized and if all practicable opportunities have been included to provide BMPs. (Section 4.10 notes that development had higher pollutant runoff c~mpared to natural vegetation but that can be minimized by treating the run'off through detention ponds, vegetated s~vales, and similar 'Best Management Practices" (BMPs). Ensembles that mapped less area of development and/or suggested installing/terror, ting regional BMPs were considered to be less likely to adversely affect water quality.) B. Have wetlands been preserved in locations and quantities to minimize freshwater pulses and assimilate pollutants? (Pulses of freshwater have detrimental effect on estuaries by rapidly changing the salinity.) Evaluation factors to be used. Freshwater pulses. State whether ali practicable opportunities have been included to preserve wetlands along flowways to provide attenuation of flows. (All the Ensembles predict conversion of native vegetation to development. Section 4.10 notes that the impervious surfaces within development would have a more rapid runoff of rainfall compared to natural vegetation. Ensembles that mapped less area of development a[~d preserved greater area of wetland were considered less likely to adversely affect water, quality. The Map shows, as preservation, wetlands along flowways and in contiguous preserves to maintain storage of peak flows.) Contaminant Reduction. State whether all practicable opportunities have been included to preserve wetlands within flowways to provide treatment downstream of the project. (All the Ensembles predict conversion of native vegetation to development. Section 4.10 reports Ensembles that mapped less area of deveiopm~'~t and preserved greater area of 'we~lar~l were cortsidered less likely to affec~ watar quality. The Map shows, as presmwation, wetlands along fiowways ar~l ih AGENDA ITEM c~ntiguous preserves that, among othe~ ~ings, provicles capabilit~ to assimilate i~llutants.) / No. I . SEP1 1999 Page 18 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. C. Are historic water flows maintained or restored? (The stucly area has many man-made changes to the historic flow patterns, including drainage canals, roads that block historic sheet-flow, and berrns. Due to the complexity of the issue, comprehensive watershecl modeling is usually needed, such es the South Lee Study and the Lower West Coast Water Supply Plan by the South Florida Water Management District and the District VI improvements by Collier County.) Evaluation factor to be used. Water Management. State whether all practicable opportunities have been included for non-structural maintenance of historic flow patterns. (section 4.15 reports the assessment whether the f'we Ensembles addressed seven fact°rs. existence of infrastructure; potential for home damage_' requirements for home construction meeting the one-hundred- year storm event; change in flood depth; maintenance de improvement toward historic flow patterns; water storage; and aquifer zoning Existing local rules provide criteria either preventing or providing restrictions on design of homes within floodplains to prevent damage. Existing rules provide for the maintenance and upgrades of infrastructure fro~ new development. Section 4.15 reports Ensembles that suggested wider flowways or preservation of wetlands reduced the potential for changes in flood depth and maintained historic flow patterns. The Map proposes wide flow,ways to provide storage of surface waters and to reduce the reliance on structural water management solutions.) D. Have alternatives to installation of individual septic systems been considered? (One of the sources of existing and increased load in pollutants is from septic systems. Older systems may be located too close to the water table or to open water Newer systems add more load than would be seen if waste was treatecJ in package plants or regional systems. The evaluation of the cumulative effect of the project will iden[ify if all practicable opportunities have been taken to avoid use of on-s~te-disposal-systems (OSOSs) or to retrof~ package or regional treatment to existing OSDSs.) III. Habitat and listed species. ,. Note. The Corps reviews applications requesting authorization to work in wetlands and other Waters of the United States. However, the Corps evaluation can include evaluating the effects that related upland work may have on the aquatic environment or other Federal interests as appropriate and as provided by law, for example, the Endangered Species Act and National Historic Preservation Act. A. Does the proposed project provide compensation for wide ranging species? (Wide-ranging species th;~t may require off-site compensation for hal~tat impacts under a landscape-scale analysis inciude the Florida panther, Florida black bear, wood stork, snail kite, eastern indigo snake, red- cockaded woodpecker, big cypress fox squirrel, state-listed wading birds, and migratory birds. For sorns specJes, some geographic locations, or source pro~.t t~fpes, avoidance of the impact will be preferred. Off- site compensation fo~ impacts to individuals for habitat may not be adequate. In determining off-site habitat compensation requirements, the impacts to in(~widuals of a species or species habitat will be assessed, including the potential for incidental take, the habitat quality, and the function of the habitat on a landscape scale. The Map labels certain areas as 'Compensate for Wide-Ranging Species" for locations expected to be developed but that provides particularly important habitat.) Evaluation factors to be used. Strategic Habitat Conservation Area (SHCA). State whether any of the 2.8% of the total area of SHCA in the State is preserved as habitat within the proposed footprint of the project. (The Florida Game and Freshwatm' Fish Commissio~ report CIo~nq the Gaps in Ficxida's W3dlife Habitat ConservaUo~ Sv~em identE~ed the minimum quantity o~ land that wo~ld maintain Flohda's animaJ and plant populations at levets sustainable in~ Ihe futura. The report maps :33% of the area ~ the Stat, SHCAs are the mapped areas na~ SHCAs are found in the study area. For IJ~e Map, 2.8eJ6 is k3cated outside of the presenmfloel SEP 1 1999 Page 19 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Connectivity between major habitat areas. State whether the footprint of the project either blocks or narrows a connection between two major habitat areas. (Section 4.4 reports the evaluation of the connections proposed within areas mapped as clevelopment. The evaluations concluded that wider and more numerous connections are more immune to disturbance from acljoining land uses.) Regionally significant natural resources. State whether the project maintains or connects regionally significant natural resources, or, through compensatory mitigation, acquires and restores areas mapped as preservation. (The Southwest Florida Regional Planning Council has inventoried rag ona ly .s gnificant natural resources and has ctra~ted a Strategic Land Acquisition/Conservation/Preservation Plan for Southwest FlonOa. The Estero Agency on Bay Management (ABM) has prepared an Estero Bay Watershed Land Conservation/Preservation Strategy Map" and has adopted guiding principals. For the latter, Section 4.4 reports the assessment of how the five Ensembles enhanced implementation of the ABM's work,) Multi-Species Recovery Plan (MSRP). State whethe~ all practical measures have been taken to maintain habitat for listed species on site or, as compensatory mitigation, acquires and restores areas mapped as preservation. (Section 4.3 reports the assessment of how the alternative enhances implementation of the U.S. Fish and Wildlife Service's MSRP. The Map, and the criteria proper, explicitly support MSRP recommendations. For alt species, the MSRP recommends encouraging management of privately owned lanes.) B. Is Xeric oak scrub, rosemary scrub, and scrubby pine flatwoods, and other rare resources associated with ancient dune systems preserved? (No~ many examples of these plant communities remain in the stuc~y area.) Evaluation factor to be used. Fringe. State whether the buffer width and arrangement affec{s the estuarine fringe. (Section 4.4 reports the evaluation of different configurations of the development mapping along the estuanne fringe. None of the Ensembles directly affectecl mangrove or salt marsh, but the pineland and hardwood hammock plant communities behind the fringe were considered to protect the fringe's ability to provtcle aquatic nursery and foraging habitat.) C. Are coastal forests (especially mangroves), coastal hammocks, sub-tropical hammocks, coastal pine flatwoods, and riparian forests (associated with streams or creeks) preserved? Factor to be used. Flowways. State whether all practical measures have been taken to provide a wide flowway. (Section 44 notes that most of the major habitat connections follow natural watercourses. Ensembles that mapped flowways through large contiguous arees better provideo[ fo~ a mix of wetland and buffer habitat and for attenuation of peat( flows. A coastal ar)el riparian forast within a development is less vulnerable to impact from adjacent activities if buffered by vegetation.). D. Are isolated and seasonal wetlands, including small wetlands, preserved or restored with functional buffers and water budgets that support natural hydroperiods? Where isolated wetlands are associated with larger sheetflow systems, is fl~e system preserved? (Seasonal wetlands are found in shallow depressions that rely heavily on direct rainfall and runoff from adjacent uplands, With sheetflow between clepress~omi during the wet season.) AGENDA ITEM Evaluation factor to be used. No. SEP 1 1999 Page 20 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Seasonal wetlands. State whether appropriate buffers and water management will maintain the natural hydropatterns. (For the Map, 24% of the total area of seasonal wetlands are located outside of areas mapped as preservation.) E. Are high marsh systems and sea grasses preserved? F. Is Florida panther habitat preserved? (This wide ranging species requires a mixture 'of upland and wetland habitat. The Florida Panther Habitat Preservation Plan (HPP) identified las Priority 1 or Priority 2 lands not in pubr~c ownership but essential for maintaining the pop~Jlafion.) Evaluation factors to be used. Flodda panther priodty lands. :State whether the project design will maintain habitat within its footprint, and thereby reduce the quantity of "developed" Priority 1 and 2 to some number less than 30% of the total priority land in the study area. (Section 4.3 estimates that, for the fivel~nsembles, from 56% to 72% of the total Priority 1 and 2 lands within the study area will be encompassed by the lands mapped as preservation. For the Map, 30% of the total Priority 1 and 2 lands within the study area will be w~thin lands mapped as development or agricultural. The 30% number is after existing public preserves are expancled to the extents shown on the accompanying map as preservation.) G. Are Bald eagle nests protected and buffered consistent with the recommendations of the Habitat Manaqement Guidelines for the Bald Eaqle in the Southern Reqion? (The referenced document provides for minimum buffer distances for construction and permanent activity near a nest site. it does not protect foraging area.) Evaluation factor to be used. Bald eagle. State whether minimum buffer distances are provided and if, in addition, adjacent land for foraging is preserved. (For the Map, the 7 of the total 27 known nests within the study area will be surrounded by development or agriculture.) H. Is nesting and foraging habitat of the American crocodile protected and buffered from adverse impacts? (The American alligator is not endangered but is listed under the Endangered Species Act due to its similarity of appearance to the crocodile.) Evaluation factors to be used. Amedcan crocodile. State whether all practicable oppertunities have been included to preserve wetlands to provide attenuation of flows. (Section 4.3 notes that changes in the timing and quantity of freshwater flo~s affect plant and animal communities in estuaries, where the c~-ocodile is found. As measured under Question #B in ~ II above. maintenance of wide ttowways reduce the potential changes in hydropattems, ir~ I/~ potential for preservation of this ~ecies.) American alligator. State whether the project will reduce the area of seasonal wetlands availabl~ for this species. AGENDA ITE~ SEP 1 1999 Page 21 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. (Section 4.3 notes that this species is found througl~out the area in large wetland areas, including the seasonal ones measured in Question #C above.) I. IS shorebird nesting, foraging and resting areas protected and buffered from adverse impacts? '. (This question applies to shorebirds in general, although one in particular is listed under the Endangered SpeC4es Act.) Evaluation factor to be used. Piping plover. Note that potential changes in water quality, as measured by the questions in part Ii above, may affect the beaches. (section 4.3 notes that none of the Ensembles propose direct impact (fill) on the barrier beaches.used as W~ntering sites.) J. Are wading bird rookeries preserved and buffered consistent with the "Set Back Distances to Protect Nesting Bird Colonies from Human Disturbance~ in Florida" (Rodgers and Smith, 1995)? (The referenced document provides for minimum buffer distances for construction and permanent activity near a rookery. It does not protect foraging area. Foraging range for wading birc~s is up to 15 kilometers, 30 kilometers for Wood storks.) Evaluation factors to be used. Wading bird rookeries. State whether the project protects the rookery, if present. (For the Map. 8 of the total 25 known rookeries within the study area will be surrounded by development or agriculture.) Woodstork rookeries. State whether the project protects the rooked'y, if present. (For the Map, 2 of the total 14 known rookeries within the study area W~ll be located within areas mapped as development or agriculture.) K. Are sea turtle nesting areas protected from adverse impacts and construction impacts proposed during the nesting season? (Th~S question applies to the Loggerhead, Green, HawksOill, and Kemp's Ridley sea turtles.) Evaluation factor to be used. Sea turtles. Note that potential changes in water quality, as measured by the questions in part Ii above, may affect the beaches. (Section 4.3 notes that none of the Ensembles propose direct impact (fill, artificial lighting, human presence. and exotic vegetation) on the nesting beaches. However, the~e ~coutd be an effect if there is a change in water quality.) L. Are red-cockaded woodpecker cjuster sites and associated foraging habitat protected on- site (or mitigated off-site when consistent with regional recovery plans and developed in conjunction with fish and wildlife agency recommendations)? (Since the habitat of this species is in old growth pine, it is very difficult to identify new sites beyond those presently occupied.) Evaluation factor to be used. ~,C__,ENDA ITEM SEP 14 1999 Page 22 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. Red cockaded woodpecker. State whether the foraging area is maintained. (For the Map, 27 of the total 40 known cjuster sites within the study area vail be located within areas mapped as development or agriculture. Protection of the cjuster itself and a large area surrounding it for foraging provides higher assurance of preservation of the species.) M. Are Audubon caracara nesting territories protected from adverse impacts consistent with regional recovery plans or fish and wildlife agency recommendations? (The study area is on the fringe of the ten county area where the population is found.) Evaluation factor to be ~sed. Audubon's crested caracara. State whether the project footprint affects adjacent agricultural or prairie areas, directly or indirectly, thereby reducing the availability of habitat on agriculture lands below 10% of the study area. (Section 4.3 estimates that, for'the five Ensembles, from 10% to 18% of this study area is mapped as agriCUlture. This species prefers native range and unimproved pasture for foraging. Those agnCUltural areas remaining in low intensity use provide more assurance that appropriate habitat, with interspersed seasonal wetlands, will be maintained. The Map provides 10~0 of the study area but also provides for non- intensification of agricultural use.) N. Is Florida scrub jay habitat protected from adverse impacts consistent with regional recovery plans developed, in conjunction with fish and wildlife agency recommendations? (Since the habitat of this species is in scrub, it is very difficult to identify new sites beyond those presently occupied.) Evaluation factor to be used. Scrub jay. State whether the project protects the colonies, if present. (For the Map, 15 of the total 26 known colonies within the study area will be located within areas mapped as clevetoprnent or agrmUlture.) O. IS snail kite foraging and nesting habitat protected or compensated consistent with regional recovery plans or fish and wildlife agency recommendations? (Feeds only on apple snails that are in turn found only in seasonal wetlands.) Evaluation factor to be used. Seasonal wetlands. State whether the project provides appropriate buffers and water management to maintain the natural hydropatterns. (Same as Question #D above.) (For the Map, 24% of the total area of seasonal wetlands are located outside o~ areas mapped as preservation.) P. Are projects with adverse impacts to easternindigo snake habitat developed consistent with the provisions of the Eastern Indiqo Snake Protection Guidelines (FWS, 1998)? Q. Are federally listed plant species protected and buffered from adverse impacts? R. Is construction within designated critical habitat of the West Indian manatee conducted consistent with the StandarcJ_ Manatee Protection Construction Guidelines to minimize impacts associated with water craft-related mortality? AGEND, IV. Other public interest factors. No. ./z~ ./-- ° SEP lgg9 Page 23 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. A. Does the project affect hurricane preparedness? (The South Flodda Regional Planning Councirs Hurricane Storm Tide Atlas and Hurricane Evacuation Study estimates the population to be evacuated, the shelters available, and evacuation time based on road capacities. The Corps does not have direct authority over preparedness. The Corps can consider hurricane preparedness concerns as part of its public interest reviews, for example, safety and flooding.) Evaluation factor to be used. Hurricane preparedness. If the project site itself or evacuation route is particularly subject to flooding or wind damage, identify the actions by the applicant or local government that mitigate the concern, for example, improvement of roads or identification of shelters. (section 4.15 reports that none of the Ensembles were considered to have changed preparedness. The areas mapped as development have ongoing local preparedness planning.) B. Are reasonable expectations of the landowner affected? (A wide vadety of actions by the Federal, State. and local governments over time provide the background for the landowner's understanding of the extent of any limitations to the exercise of rights from property ownership.) Evaluation factor to be used. Property nghts. State the influences on the rights associated with ownership of the project site. These would include: (1) designations in the Comprehensive Plans, (2) history of the landowneds preparation of the project proposal prior to submission of the application, (3) development orders or other actions issued by local, State, or Federal governments, and (4) surrounding land use and activities that have affected or are expected to affect the value of the property. (The areas of development and agriculture shown by the Map are also mapped as development and agriculture by the Comprehensive Plans. Section 4.6 reports the assessment whether the f'n/e Ensembles addressed three factom: fair market value of property; reasonable expectations for use of land and return on investment; and. vested rights. Ensembles with additional restrictions beyond those in the Comprehensive Plans would not meet the expectations of the landowners affected. These permit review cntena do not establish a particular restriction or land use, but identify evaluation questions to assess compliance with existing limitations astablished by Federal law.) Difference from Comprehensive Plans. State the degree of difference from the local Comprehensive Plan (and accompanying goals and policies), (section 4.6 reports the assessment that decisions that departed from the current Comprehensive Plans would be detrimental not m31y to landowners' rights but also to other socioeconomic concerns of the community. All five Ensembles represent potential futures. The Comprehens;ve Plans have been modilied in the past and may be modified in the future. The Ensemble that represents the Comprehensive Plan is not exactly representative of the current Plan, for example, in southern Golden Gate Estates.) D. Affects sustainability of local economy? (This issue es very complex. For a project submitted by a private enterprise, the Corps genenally __~'-t=_ Jmes that appropnste economic evaluations have been conll:~e~ed, the proposal is economically viable, and is needed in the market place.) Evaluation factors to be used. Economic SustainabiJity. State whether restrictions applied to the development affect the sustainability of the local economy. This will note that the increased costs fmn tneA~A ITEM restrictions may be a small portion of the total economy. No. ,/'~ SEP Page 24 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. (Section 4.6 reports the assessment of how the f'we Er~ affected six factors (~sotibing econ~ impact: job creation; home affordabllity; cost of living; prof)erty tax base; cost to implement; and increased taxes. Increasing or decreasing the area of development mapped in the Ensembles increased or decreased the creation of jobs and the size of the local goven~s property tax base. Increas~g or decreasing the restrictions on use increased or decreesed the cos~, of producing the product1 which affects home affordability and cost of living. Increasing the area of pr___~e~-vation or the area of restorafio~ efforts implies an increased cost to local government to implement, which when combined with a smaller tax base results in higher taxes. The Map predicts future extent of development to occupy 38% or'the study area. Approximately 20~ ofthe study area is currently urban or suburban development ('included in this 20% are 'vacant' Ices and lands with roads, comprising greater than 3% of the study area). Projects proposing development withi~ the areas mapped as development (or agriculture within agriculture mapping, etc.) will be presumed to be supportive of enhancing the sustainability of the local economy.) Legend: Agricultural. · Goal: The Agricultural mapping consists of lands that are pdmadly used for large scale agricultural activities. These areas contain a mosaic of land and water types that support critically important wildlife and water resources and, therefore, warrant, protection for conservation purposes. Lands that contain very high quality resources or rare natural r~sources should be cons..idered for acquisition or conservation easements to preserve their condition. Proposed nonagricultural development activities should be ' discouraged to the maximum extent possible, for example, golf courses or ranchettes. Cdteda. The Criteda are the same as for the Development legend with the following additions. Iit. Habitat and listed species. S. Does the proposed project intensify the agricultural activity? (in developing the Map, a rei3~ttabie assuml:~'Jon was made that, within agricultural areas, that limited intensification of use will occur and that there w~ll be no cf~anges that require additional loss of native habitat or that would alter hydr,olngy (such as new large scale citrus operations): range and improved range land will stay the same; vegetable crops may change or the fields will be allowed to go to fallow and back again.) Evaluation factors to be used. Strategic Habitat Conservation Area (SHCA). State whether any of the 1.3% of the total area of SHCA in the State is preserved as habitat within the proposed footprint of the project. (The Florida Game and F'~eshwater Fish Commission report Closirx3 the Gaps in Florida's ~dclafe Habitat Conservation System identified the minimum quantity of land that would maintain Florida's animal and plant populations at levels sustainable into the future. This document notes, for the panther, that '...habitat quality on private lands is higher than habitat quality on pubr~c lands due to sot productivity and drainage characteristics." The SHCAs included areas of Iow-intensity agriculture. For the Map. 1.3% of the total area of SHCA in the state is encompassed by the area mapped agricultural.) Connectivity between major habitat areas. State whether the change from Iow to high intensity activity either blocks or narrows a connection between two major habitat areas. (Section'4.4 reports the evaluation of the connections proposed within areas mapped as development. The evaluations concluded that wider and more numerous connections are more immune to disturbanoe from adjoining land uses. Low-intensity agricultural activities are considered to be Iow disturbance and can be utilized by wildlife as connections.) Multi-Species Recovery Plan (MSRP). State wflether all practical measures have been taken to maintain habitat for listed species on site or, as compensatory m I~gat3e,13ENDA acquires and restores areas mapped as preservation. N~ .//~/---- SEP I 1999 Page 25 of 28 peu:j~ Il)RAFT Permit. Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. (Section 4.3 reports the assessment of how the alternative enhances implementation of the U.S. Fish and Wildlife Service's MSRP. Tl~e Map, and the criteria proper, explicitly support MSRP recommendations, For many species, the MSRP recommends encouraging management of privately owned lands.) Florida panther on agricultural lands. If the project proposes an intensification of agriculture or intensification to other development, state whether subsequent management will maintain habitat within its footprint, and, if habitat is not maintained, reduce the quantity of "agricultural" Priority 1 and 2 to some number less than 18% of the total priority land in the study area. (For the Map, 18% of t~e Priority 1 and Priority 2 lands are encompassed by agdcuitur, e. These areas typically adjacent to public or p~op~sed contiguous preserves and are important components of the total habitat available to the panther. In addition, those Ensembles that proposed criteria to restrict ttte intensification cf agriculture were considered to increase the assurance of the preservation cd the species.) Legend: Rural. Goal. The Rural land cover legend includeS-lands that are used for Iow density residential development (e.g., ranchettes and nurseries). The area contains a mosaic of lan~! and water types that support critically important wildlife and water resources and, therefore, warrant protection for conservation purposes, or if very high quality, for preservation status. Lands that contain very I~igh quality ~urces or rare natural resources should be considered acquisition or conservation easement to preserve their condition. This area needs a mapping effort that identifies existing flow ways and forested habitats, as well as seasonal wetlands that-are large or contiguous to each other, so that a strategy can be devised to protect these resources as a connected system at the landscape scale as the greater area develops. Criteria. The Criteda are the same as for the Development legend except, as stated in the goal statement, is lower density and preserves resources in a connected system. Legend: Golden Gate Estates Zones 1 and 2. Goal. Golden Gate Estates is a forested subdivision that has been drained and disturbed by canals and a road network for low density residential development (1 to 5 acre lots). Residential development is ongoing. Although the area retains wetland and wildlife resource value, Zone 1 (to the west) is more developed and drained than Zone 2. Zone 2 to the east is still relatively intact and has greater potential for restoration. Cdteda. The Criteda are the same as for the Development legend except with the following additions recognizing that the typical application is for fill to build single family resiclences on single lots. I. Wetlands. F. For project within Golden Gate Zone 1, does the project prepose greater than 50% fill in wetlands? (This szJpp~ements Question #A (regarding avoidance of wetland impacts.) Evaluation factors to be used. Avoidance of Wetlands Impact. State whether the acres of proposed fill is greater than 50% of the wetlands on site and, if so, state if this would contribute to a cun ulative fill greater than 5.6% of the wetlands in the study area. AGENDA ITEM SEP 1 1999 Page 26 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. (Section 4.2 estimates that, for the five Ensembles, from 5.5% to 7.0% of the wetlands in the study area will be filled. The lower percentage better satisf~s the requirement for avoidance. The estimate for the Map is 5.6%. For the residential lots in Zone 1, preference is that each individual application not exceed 50% of the wetlands within the parcel. Some projects will impact more than others because of the configuraUon of the wetlands. It is expected that mosLwill impact less than 50%. If a project proposes any fill, and certainly any fill greater than 50% of the wetlands On the site, consideration must be given that this may result in cumulative impact greater than 5.6%.) G. For project within Golden Gate Zone 2, does the project propose greater than 10% fill in wetlands? (This supl~eme~ts Question #A regarding avoidance of wet, lands impacts.) Evaluation factors to be used. Avoidance of Wetland Impact. State whether the acres of proposed fill is greater than 10% of the wetlands on site and, if so, state if this would will cause a particular remnant that crosses multiple parcels to be lost and contribute to a cumulative fill greater than 5.6% of the wetlands in the study area. (Section 4.2 estimates that. for the five Ensembles, from 5.5% to 7.0% of the wetlands in the study area will be filled. The lower percentage better satisfies the requirement for avoidance. The e~mate for the Map is 5.6%. For the residentia~ lots in Zone 2, preference is that each individual application not exceed 10% of the wetlands within the parcel Some projects will impact more than others because of the configuration of the we{lancis. It is expected that most will impact less than 10%. If a project proposes any fill, anc~ certainly any fill greater than I 0% of the wetlands on the site, consideration must be given that this may result in cumulative impact greater than 5.6%. It is expected that this limit, when applied to adjoining parc, e~. will provide the preservation of the remnant wetland systems.) H. Has compensatory mitigation been located in Golden Gate Zone 2? (Preservation and restoration of wetlands in Picayune Strand is the preferred mitigation receiving area. Compensatory mrtigation shalt be directed to this area or areas of Golden Gate Estates adjacent to Corkscrew Marsh if mitigation ;Dank or in-lieu fee arrangement is established.) II. Water quality and quantity: E. Are entrance roads culverted? F. Is fill placed to not impede sheet flow across the site? Legend: Lehigh Acres Urban or Lehigh Acres Greenway. Goal: Lehigh Acres is a planned community with small lots and road and canal networks. Drainage has reduced but not eliminated the wetlands. Being elevated 'tableland', the zone contains pdmadly isolated seasonal wetlands. Criteria. The Cdteda are the same as for the Development legend except with th,e following additions. 11. Water quality and quantity. G. Does the project propose regional stormwater management for Lehigh Acres? (since implementation of BMPs is d'dficult on the size of the lots typical in Lehigh Acres, t~eatrnent of subdivision total flow is considered one method to address cmx~rns of added pollution load. If an application is received, favorable cortsideration will be given to regional storm water management facilities to Caloosahetchee/Orsnge Rivers, water quality restoration and protect Hickey and Bedman C ~ . watemheds. This question recognizes that the infrastructure and lot owrte~ttip patterns have. ready ~gNOA I. SEP 1~ 1999 Page 27 of 28 pages DRAFT Permit Review Criteria DRAFT Suggestions for changes to this draft and the use of these evaluation factors are welcomed. H. Does the project propose regional water storage in Lehigh Acres? (if an application is received, favorable consideration will be given to, if appropriate, locating a regional water storage facility adjacent to the existing Hames Marsh. This question recognizes that current drainage infrastructure results in freshwater putse flows into the downstream waterbodies.) IV. Other public interest factors. E. Does the proposed project restore wetlands within the area mapped as Lehigh Acres Greenway? (If an application is received, favorable consideration will be given to projects that remove roads and restore hydropattems and connecting sheer'flow to seasonal wetlands. This question recognizes that much of the original wetland and upland vegetation remain in areas of Lehigh Acres that is crisscrossed with roads and canals.) SEP 1 ~ 1999 Page 28 of 28 ptges DR.~FT ... ~,g._ S+/ Table 3, Summary of Direct and Indirect Impacts Con ' Evaluation Factor. I Measurement. "I ,,O wetland impact, of wetland that will be filled· configuration of site design for aatlsfy requirement for avoidance. the land use compared to distribution/shape of wetlands in the area that land use Is ....... mapped. adjacent to for natural resource benefits. Native vegetation (upland and higher probabilily to be impacted. wetlands, wetland) occupy 58% of the stud), area. Availability of Percent of total wetlands In study 17% 19% 22% Typical compensation Is to Larger percentage provides compensato~/ area thai are within areas that restore degraded wetlands and greater selection of wetlands that mitigation, are not now preserved but are preserve In perpetuity, could be restored. proposed to be preserved ("new preserves"). · _ . , Acreage ratio. Acres of wetlands in "new 2.6:t 2.7:1 4 0'1 ' preserves" divided by acres of preserves" will not be suitable choice in lands to be acquired and wetlands that will be filled, for compens.atory, mi!igatlon. restored. Availability of Wetlands In "new preserves" i.8 ' 28 2.8 3.3 '' replacement o! were Converted to a scored high, development, canals, elc. assurance thai ecceystmem wetland l~unctlon, medium, and Iow for their Converted to a scored "low". benefits would be replaced. potential quantily of "units of restoration" and wetlands to be filled were Conveded to a scored for the "units of impact". Ratio is the "units of restoration" divided by :'.unite of Impact". _ . Existing public preserves with Higher percentage on public lands (within study are) ithin preserves. . ' _ . panther use. provide grealer assurance of preservln. ~q population.. . .. . ]FlorldaPanther Percentageoflandslnagrlculture126%, 135%, 11'8%,~-25%,'"', 'J9%': ,Low-intensity agriculturelGreater area of Iow-intensity and whether criteria for non- I No I No I Crlteri I Criterl { Criterl I minimizes impacts to panther, agriculture increases assuarance intensification of use applied. I cr!teria I cr. iteria I a . [ ~. . ] a I of conservation of the s. pecies. Scrub Jay Number of families within 6 ' 6 11 . 8 contiguous preserves, area. preserves increase assurance et ·. preservation of species. Red cock.led I Number of known cjusters 10 ~ woodpeckers. I Iocaled within contiguous Existing sites in old growth pine. preserves increases assur I preserves. .. preservation of the species. Bald ~lgie. Number of ~ests located within 18 18 20 19 18 74 known nests in study area. Higher number of nests in contiguous preserves. Concern also with adjacent contiguous preserve provides more lands, assurance of preservalton of the .... species. Woodstork. Number of rookeries within 11 9 12 11 14 "i4 known rookeries In study Higher number of rookeries in contiguous preserves, area. Also concerned with contiguous preserves provide more foraging area. assurance of preservation of ..... species. Audubon's crested Continuation of Iow Intensity I 140,000 I 181,00 I 97,000 I 130,00 I 152,00 I Study area fringe of 10 county Greater areas of continuation of ca,'scare, agriculture (compare to Panther) I acres I 0 I acres { 0 I 0 I area where population is found. Iow intensity agriculture and and preservation of seasonal l'agdcult I acres { agrlcul I acres I acres ) grealer area of preservation of wetlands (see Seasonal ~ure, no I agricul I lure wi I agricul I agricul I seasonal wetlands better provide Wetlands). { criteria. I lure, J limited j lure, ) lure, I opportunities for population to I J no Iintensi I54'°°° Is°me I expand. t I criteria I ficatlo I wilh I with I I' ] I I [ l .... I . .I ~ n, I water quallly change, wtnlering silos, affected by water quality. , Increased coastal development degrades habitat, wetlands, found In seasonal wetlands, wetlands within contiguous preserves Increases probability of · maintenance of species. [West IndianlCoastal development andI F------I ' I ___] IBoatlng mortality, loss ofllncreased coastal development Manatee. seagrassloss, seagress from prop dredging degrades habitat. _ . and decline in water qu..ality. American Changes in timing and quantity of I Changes in freshwater flows Maintenance of flowways reduce Crocodile. freshwater (see Flowways factor).! affects plant and animal potential changes In hydropattems, communities in estuarines, increasing potential for preservation of the species. Increased coastal development .~e~lrede. s habitat. preserves (see Seasonal areas, contiguous preserves contin~e the Wetlands factor) and flowways population of this species. (see Flowweys fa~orI. . . . ' Emtem Indigo I Native Habitat I More fragmentation and reduction Snake. I } , in habitat impact~ species. (Loggerhead, I beach renourishment, human coastal developmenl degrades Green, Hawksbill, I presence, and exotic habitat. and Kemp's Ridley)J . . vegetation. Multi-Species BPJ assessment of how the 17" ' 6 O' Whelher landuselcrlteria Those with mapping of preserves Recovery Plan alternative enhances Included that explicitly or, for all land types, criteria such (MSRP) Implementation of the MSRP. supported the MSRP. as found in the MSRP enhanced Converted to a score from 4 its implementation. (best} to 2.~ ..... Conaewation Area SHCA in the study area that will study area. greater reliance on habitat found (aHCA~. , ... be In preserve, on. private land. Wa~ing Bird' Number rookeries found within 17 ' 13 ' 18" 17 Not measured is e~fect on Higher number of rookeries and Rookeries. contiguous preserves, foraging range up to 15 foraging range in preserves kilometers (30 kilometers for provide more assurance of . . Woodslorks). Tola125 sites, preservation of species. ISees°nalwetlands. l Percent °f t°tal area that will be [70~ I73% I~6% I75% I86% ] Seasonal wetlands n°t evenly I found within contiguous distributed across landscape. ~reserves. provided between connections explicitly provided, to a scored lower (better). connections are more Immune major habitat areas. Converted to a score 4 (best) to disturbance from adjoining land 24.. . uses. most connections follow natural contiguous natural areas vegetation preserved ability to flowways. Converted to a score Converled to a scored lower store floodwaters and prevent 4 (best) to 24. (better!. downstream pulse flows. natural resources, the implementation of plans and criteria to tho goals, better support the goals. Plans and goals of goals. Converted to a score 4 the Southwest (best) to 24. Florida Regional Planning Council. . .... High priority Percentage of wetlands and I 79% - I 79% I 82% I ~6% I 87% I 37% of study area is important Percentages of upland low,Ir th'an- wetlands important uplands Ihat would be wilhln I wetland I wellan I wetlan ~ wetlan } wetlan I wetland and 19% of study area wetland Indicate greater Iml'~ to wetland conUguoua preserves. I / 37% I d / I d / I d / I d / I Is importanl upland, in mix of plant communities. dependenlspecies. I upland I 38% 146% { 77% [49% I I upland [ upland { upland I upland.. I degrades fringe's ability to saltrnarah, or, behind the fringe, marsh, but higher Converted to a provide aquatic nurser/ and plneland and hardwood scores reflect development behind foraging habitat. Converted to a hammock plant communities, the fringe. score 4 (best) lo .24. . .... Historic ProperUes. I Not. I . ' l. I... I I. I Site specific. I Addressed in specific application. Property Rights. A~Sessment -of reduction in 45 47 18 -~1 12 Affect on fair market value of rights. Converted to a score 48 property, reasonable (least elfect) !o 0 (greatest expectation for use of land and reduction), return on inve. stment, and ..v.e. sted r~hls. Difference from Assessment of significance of 14 16' ~'. 7 -" Additional criteria or restrictions Large difference between Comprehensive difference. Converted to a score lowered Converted to a score. Ensembles. Plans. 16 (most agreement) to 0 (greatest difference).. , , Economic Assessment on creation or ~ One Influcence is restrictions on Restrictions on area or type of land Suelatnebllity: Job elimination of jobs. Converted to intensification of agriculture use restrict opportunity for job Creation i score 16 (posillve Influence) to prevents year round jobs from creation. 0 (less protective of economic cJlrus. austalnablllty) , _ . 8uatatnablllty: homes. Converted to a score 16 (number of homes per acre), per unit of homes. Home effordabllity. (positive Influence) to 0 (less protective of economic sustainabili!y~. .... E~,on(~mic 'Assessment of change in costs: 10. ' 10- ' ' 7 7 7 Restrictions add to costs. Costs More restricllve criteria increases SuMalnabllity: Cost Converted to a score 16 (positive passed to consumers, cost of living. of living. Influence) to 0 (less protective of economic austalnab, llity)~ ......... Economic Asleiiment of the area of 13'' '6 ' 7 5 Number of acres and lype of Restrictions on uae of .land SuMalnlbility: development. Converted to a land use. (intensification of agriculture) or Property lax base. score 16 (positive Influence) to 0 area of development reduces tax (less protective of economic base. sustalnabilltl/). 3 Area of proposed "new Larger "new preserves" add~I cost~ C/') Sustalnability: Cost acquire preserves and Deform preserves", passed to local goodsI and to Implement, restoration. Converted to a score services. II I , 16 (positive Influence) to 0 (less protective of economic sultainebllJty;~. 4 Preserves must be suppofled by Higher area of preserves at same Sultainability: "Properly Tax Base". Converted property tax base. time as smaller area of Increased taxes, to a score 16 (positive influence) development increases taxes. to 0 (less protective of economic sustalnabilit, y). . I ' IAesthellcs' 1N°l' I .... I I Il I I Areas ol contiguous preserve. ] Many persons attracted to area fOrpresenc~, of natural areas. Management of Narrative assessement of effect Grea~ I Greats I Increa I Lass. I More Considered (1) compatabllity of Management least effected when Public Lands. on management, t area of I st area I sea I urban I restrict the surrounding land use with public lands surrounded by Iow develop I of I area of I adjace Iive the land management plans and intensity activities and by merit, I agrlcul I presetIntto I criteria (2) whether change in land use expansion of contiguous I ture, Ive I Corksc I ' degrade or improve natural preserves. I prefer ~ adjaceIraw I resources on public land. I able to Iht to I Marsh. I I urba. I pub,c I I I'M?:, !'"" I I [Water Quality: Aaaeasment. Converted to a 13)6 15io' 6/0 ~/+ Pollution Loading score 3/+ (least likely to affect treatment of the runoff, criteria to provide treatment water quality) to 1510 (more likely ' reduced likelihood of impact. an Impact). . water Quality: Assessment. Converted to a 1210 ' 13)0 "710 .... Freshwater pulses, score 3/+ (least likely to affect and acres of wetland wetland areas (that provide peak water qualily) to 15/0 (more likely preservation, storage) increases pulses. an Impact). I Water Quality: Assessment. Converted to a 13/0 I 16/+ Quantity of wetlands. Higher quantity of natural Habitat Loss score 3/+ (leasl likely to affect vegetation preserved mainlains waist quality) to 15/0 (more likely capability to assimilate pollutants. an Impact). , ,. Water Quality: Assessment. Converted to a 111+ 111+I ' 5/0 710 II6/0 ' Groundwater score 3/+ (least likely lo affect System. wellflelds either by criteria or kllplct, water quality) to 15/0 (more likely placing In preserve reduces · an impact). ,, likelihood of impact. 43 [ area. I I , I I , I Wata~ Assessment whether seven 6 14 ' 17 13 "' i4.5 Provision for funding' R provides criteria for homes within Management. (7 factors were "addressed", Infrastructure. Criteria to floodplain and funds infrastructure. faclors: Conveded to a acorecl a "+". prevent home construction in S, T, and U provide wetland lnfrasturcture, Conveded to a score is the floodplain. Preservation of preserves andfiovnvays. home damage, number of +'s. Higher the flow~vays. Preservation of home construction, Converted to a score, the less wetlands (store water and flood depth, historic potential for Impact. presence groundwater levels). flOW patterns, water etofage, and . .,Iqulfler zoning.) .. I~1: So¢tll etfect for each of the Individual For Hurricane vulnerability, cumulative Impacts, but flooding fldom. (4 fa(tom: factors. Lower the Converted to a presence of floww, ays. from hurricane addressed by Infant mortality, acore, the less likely will be a presence of flowways. Ro~d needs, Crime degradalion. rate~, Hurricane . vulnerability). .. . Cumulative Asseaamant of the cumulative 104 143 72 69 '" 71 " Area of development and Greater development Increases of Impactl: effect for each of the Individual contiguous preserves, air and water pollulion (and Envlrollmenlal factors. Lower the Converted to Presence of flow, ways. vulnerability of watershed) while fa(tom. (6 factors: a score, the less likely will be a increases in contiguous preserves Air pollution, Water degredatiort, reduces Impacts 1o wetlands, pOllUtion, . hydrology, and preserves. Watershed Indicators (vulnerability of watershed to degradation), Hydrology, and Quantity of Fe~e~ve.}. , ..... ' __ THE FLORIDA COALITION OF COASTAL COMMUNITIES, INC. A Florida Not-For-Profit Corporation Mission To provide a strong advocacy for the special public policy needs and concerns of mid-size Florida counties at the state level. p, urpose This not-for-profit corporation is organized exclusively for the purpose of assisting emerging coastal Florida counties in developing and advocating public policy positions that will advance the economic opportunities for the residents of those counties. Consistent with that purpose, the association shall: 1. Recruit and retain Florida counties as members; 2. Raise funds to implement the purpose of the association; 3. Retain a lobbying f'u'm in Tallahassee to advocate the association's public policy objectives before the Florida Legislature and the executive agencies in Florida that are responsible for implementing laws that improve the economic welfare of the member counties. Organization and Governance The association shall maintain an office in Tallahassee, Florida, and will be managed by an Executive Director. Regular membership in the association is open to any coastal county in Florida with a current population between 75,000 and 350,000. Associate, but non-voting, membership is open to every other county in Florida. To be eligible for membership in this association, a County must be a member in good standing of the Florida Association of Counties. Each regular member, through its Board of County Commissioners, shall have a seat on the Board of Directors of the association. The Directors shall elect the officers, retain professional management and lobbying services, and set the annual public policy goals for the association. The County Manager fi.om each regular member county shall serve on an Advisory Board to make recommendations to the Board of Directors. Functions Each Fall, the association will conduct a member meeting to identify, discuss, select and rank state public policy objectives which are consistent with the purpose of the association. Recommendations from the Advisory Board will be presented for consideration at this meeting. These objectives will be then be presented to the Florida Association of Counties, through its committee structure and board, for inclusion of as many of these objectives as possible in that association's annual legislative agenda. The association will coordinate its efforts with the public policy goals of the Florida Association of Counties, to the maximum extent possible, while giving the b3ghest priority to the objectives of this association. fccc 1.1 (7/99) SEP lq 1999 Pg. ~ By-laws of Florida Coalition of Coastal Communities, Inc. (A Florida non-profit corporation) Article I - Purpose of Organization The purpose of this organization shall be to identify, analyze, propose, lobby and implement changes in state and local public policies that recognize the uniqueness of emerging Florida communities in terms of the impacts of both tourism and growth by permitting greater local control over taxation and operations issues. Article II - Place of Business: The association shall maintain its principal place of business in Tallahassee, Florida, and its initial address shall be 310 East College Avenue. Article III - Membership: (A) Regular Membership: Regular Membership is available to any Florida coastal county with a population between 75,000 and 350,000, provided that it is a member in good standing of the Florida Association of Counties, has been approved by the Board of Directors and continues to pay its membership dues. (B) Associate Membership: Associate Membership is available to any other Florida county, provided that it is a member in good standing of the Florida Association of Counties, has been approved by the Board of Directors and continues to pay its membership dues. Associate members do not have a vote in any matters dealing with the corporation. Article IV - Operations: The affairs of the corporation shall be managed by an Executive Director who may be elected or removed by a tWo-thirds vote of the Board of Directors. The initial Executive Director shall be the responsibility and sole expense of the Managing Entity. Article V - Managing Entity: (A) The finn of Butler & Dudley shall be initially responsible for managing the affairs of the corporation pursuant to an agreement to provide management and lobbying services, the scope of which is attached and made a part of these by-laws, until modified by affirmative vote of the Board of Directors. (B) The management services shall, in addition to the Executive Director (on a part-time basis), include the following: office space for the Executive Director and secretarial support services reasonably necessary to properly operate the corporation, a phone line for voice, fax and data transmission, and office equipment. All other expenses of the association shall be borne by the corporation. AGENDA ITEM tqo. I0. SEP 1 ~ 1999 1 Pcj. Article VI - Dues: (A) The initial dues for a regular member shall be $9,600 per year, payable in advance on a calendar quarterly basis. Thereafter, the amount of regular. ~hip dues, and the payment terms thereof, shall be determined by the Board of Directo~z, .:,~tit (B) The initial dues for an associate member shall be $2,500 per year, payable in advance on an annual basis. Thereafter, the amount of associate me~:~dues, and the payment terms thereof, shall be determined by the Board of Directors. Article VII - Officers: (A) The officers of the association shall be a Chief Executive Officer, President, Vice- President, Secretary and Treasurer. The Executive Director shall serve as the Chief Executive Officer. (B) The offices of President, Vice-President, Secretary and Treasurer shall be for a term of one (1) year and shall be elected annually by the Board of Directors of the corporation, at a regularly called meeting held in person, by proxy or by telephone, as determined by the Chief Executive Officer. :.~'- ~:~ Go, (C) No person may serve as an officer of the corpol:afi,oOall&ess, at the time of their election, they are a member of the Board of Directors of the corporation. Each candidate receiving a majority of eligible votes cast shall be elected ~_thg~ffr~l:te being sought. (D) The Board of Directors shall fill any vacancy cl'eqltp.,d~y office. Article VIII - Directors: (A) There shall be one (1) director for every regul~..~.~mber of the association, who shall be an elected county commissioner designed by a majority_vote of that member's board of county commissioners. If no such designation is made, the._c~.ai~erson of that board of county commissioners at the time membership is granted shall serve as a director. (B) Each director shall serve for a term of two (2) years, or until their successor is duly designated by each member's board of county commissioners. (C) Any vacancy in the Board of Directors shall be_fi!!_ed bye? majority vote of that member's board of county commissioners. _ . Article IX - Advisory Co_.untSk:s) (A) Each regular member's county manager shall serve as a member of the association's Advisory Council. (B) The Advisory Council shall identify and study specific issues for consideration by the Board of Directors and shall make recommendations to the ..B.9 _ar_d. r__e.g.arding such issues. Article X - Amendments: These by-laws may be amended from time to time by affirmative vote of two-thirds of the Board of Directors. i:) AGENDA ITE'M I to. . I 1 q 1999 End- '2 -, ,. Pg. '~ ' THE FLORIDA COALITION OF COASTAL COMMUNITIES, INC. A Florida Not-For-Profit Corporation Scope of Services by Butler & Dudley The Tallahassee Law and Governmental Affairs offices of Butler & Dudley shall provided management services to the Florida Coalition of Coastal Communities, Inc., (the "association") a Florida not-for-profit corporation, consisting of the followings: Executive Director (pm-time position) Staff support for Executive Director Office space for Executive Director and support staff Office Equipment for Executive Director and support staff Phone line for voice, fax and data transmission The association ,,viii be responsible'for the following expenses: Travel expenses for Executive Director for approved meetings Long distance phone and copying charges Printing costs for stationary and supplies Rental of facilities for approved association meetings In addition, Butler & Dudley shall provide general legal advice reasonably required from time to time by the association, exclusive of judicial or administrative proceedings, including: preparation of corporate charter and by-laws, and amendments thereto which may be approved by the membership from time to time. Butler & Dudley shall also provide such legislative consulting and lobbying services as are necessary to enable the association to effectively advocate for or against changes in public policies at both state legislative and executive levels, all as determined by the Board of Directors. These lobbying services will also include the tracking of implementation strategies for any public policy changes successfully advocated by the association. AGENDA ITEM No. /0. M ... fccc 1.3 (7/99) SEP 1999 Butler & Dudley Firm Profile Butler & Dudley - Introduction We are a Tallahassee law firm that specializes in legislative representations, executive branch lobbying and administrative law. Established in 1988, the firm regularly and successfully represents clients in matters before the Florida Legislature and state agencies. The firm has over 55 years of combined legal, legislative and regulatory experience, representing private corporations, statewide associations, and local governments. Our clients appreciate receiving high-quality work without the high overhead, lack of personal attention, disqualifying conflicts of interest, and other potential disadvantages typically encountered with larger law firms. In the area of law, Butler & Dudley's litigation experiences includes federal and state court cases and administrative proceedings under Chapter 120, Florida Statutes. The firm practices in the areas of business litigation and finance. Our firm does not attempt to have experts in all areas of law. Legislative & Executive Agency Experience Butler & Dudley takes great pride in the longevity that we have achieved in representing many of our clients. We have represented the Association of Community Hospitals and Health Systems of Florida, Inc., for 14 years, and have represented the Florida Chapters of the National Association of Credit Management for 8 years. These examples of our long-term engagements are a direct result of our responsiveness to the objectives of our clients and the resulting legislative success that we have achieved for them. During the past eleven years, our firm has been the lead lobbyist on the passag'e of more than 50 separate legislative issues. Likewise, we have secured millions of dollars in appropriations and revenues for our clients. And, these examples do not take into account the untold number of bills and appropriations favorably secured during Mr. Dudley's sixteen years as a member of the Florida Legislature. In the executive agency arena, we have also been highly successful for our clients. We have represented numerous clients before state agencies and have resolved many concerns to the benefit of the client. In addition, we review the bi-weekly publication Florida Administrative Weekly to monitor the rule-making processes of all state agencies .... AGEND~A ~,~EM No. 10. · . SEP 14 1999 Butler & Dudley Principals Fred R. Dudley Mr. Dudley received his J.D. from Stetson College of Law and is a fellow of the American College of Trust and Estate Counsel. He has been in private practice since 1968, and he served in the Florida House of Representatives from 1982-86, and the Florida Senate from 1986-98. He was consistently ranked among the Most Effective Senators by the Miami Herald, and is AV rated (highest rating) by Martindale-Hubbell. Nell H. Butler Mr. Butler has been in private practice since 1975, and in 1985 began specializing in legislative representations. He has served as general counsel for several statewide associations, and is special legislative counsel to many corporate clients. In the last eleven years, he has been the lead lobbyist on the passage of more than 38 pieces of legislation, He is rated AV by Martindale-Hubbell. M. Lane Stephens Mr. Stephens serves as a Governmental Affairs Consultant. He has been involved with state regulatory issues since 1986, and served on the House of Representatives Transportation Committee for more than four years. More recently, he was the Assistant County Administrator and Chief Lobbyist for Orange County, Florida, and he has been involved in most major legislative debates involving complex local government issues since 1993. Deborah E. Lawson, C.L.A, Ms. Lawson began her legal career in 1976. She has been involved in legislative matters since 1989, and serves as a Governmental Affairs Consultant with the firm, leading the lobbying efforts for several of our long-time clients. AGENDA ITEM No. SEP 1 q 1999 Pg. ,1~ THE FLORIDA COALITION OF COASTAL COMMUNITIES, INC. A Florida Not-For-Profit Corporation MEMBERSHIP ,4 CCEPTANCE FAX To: M. Lane Stephens % Butler & Dudley 310 East College Avenue Tallahassee, Florida 32301 (850) 222-6969 FAX Number: (850) 222-4447 ~ Yes, I want (Name) County to apply for Charter membership in The Florida Coalition of Coastal Communities, Inc. ~ Yes, I want more information about The Florida Coalition of Coastal Communities, Inc. Please send me the following information or answers: My Mailing Address: Type of membership: ~ Regular (coastal counties only) ~ Associate (non-coastal counties) Dated: By: AGENDA ITEM No. lO. Fi · fccc 1.0 membership (7/99) SEP 1 1999 EXECUTIVE ~UMMARY REQUEST TRANSFER OF $848,900 FROM RESERVES FOR CONTINGENCIES TO THE SHERIFF'S OFFICE OPERATING FUND. OBJECTIVE: To transfer the amount of $848,900 from Reserves for Contingencies to the Sheriff's Office operating fund. CONSIDERATIONS: On June 16, 1999, the Board of County Commissioners approved the Sheriff's access to reserve for contingencies set aside for the benefit of the Sheriff within the County's General Fund upon request of the Sheriff. Funds are needed for the following: Special Response Tactical Vests $8,390 Breathalyzers 19,695 Vehicle Transmitters 5,500 In Car Chargers 14,000 Unexpected Vehicle Replacements 300,000 .~-~ Batteries (Hurricane supply) 2,562 IT Network (Security & Y2K) 353,753 Unexpected Vehicle Repairs 60,000 Radio Shoulder Microphones 85,000 Total $848,900 FISCAL IMPACT: Funds are available in the County General Fund, Reserve for Contingency. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners transfer $848,900 from reserve for contingencies to the Sheriff Office operating fund and approve related budget amendment. C~ Kinzel, Finale DirecL~ APPROVED BY:{ / I ~ )~ r~ ~'1[~ "' AGE~~~ unt.r. No~ ~he~f DATE: September 3, 19,99 5cP le 1999 Executive Summary REMEDIAL AMENDMENT CPR-99-1, AN ORDINANCE TO RESCIND COMPREHENSIVE PLAN AMENDMENTS FOUND NOT "IN COMPLIANCE" BY THE RECOMMENDED ORDER ISSUED BY THE GOVERNOR AND THE CABINET ON JUNE 22, 1999; TO VEST CERTAIN PROPERTIES REZONED IN ACTIVITY CENTERS; TO CORRECT SCRIVENER'S ERRORS IN THE GOLDEN GATE AREA MASTER PLAN AND TO RE-ADOPT ALL REMAINING EVALUATION AND APPRAISAL REPORT BASED AMENDMENTS. OBJECTIVE: To adopt an ordinance to rescind Comprehensive Plan Amendments found "not" in compliance by the Recommended Order issued by the Governor and the Cabinet on June 22, 1999; to vest certain properties rezoned in Activity Centers; to correct scrivener's errors in the Golden Gate area Master Plan; and to re-adopt all remaining evaluation and appraisal Report based amendments. BACKGROUND: On April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) and on November 14, 1997 adopted the EAR based amendments to its Comprehensive Plan. On December 24, 1997, th Department of Community Affairs (DCA) issued a notice of intent to find portions of the plan "not in compliance". Intervenors entered the process: Collier County Audubon Society, Inc., and Florida Wildlife Federation in conjunction with the DCA and Collier County School Board in conjunction with the County. A formal administrative hearing was held in May, 1998 and the Administrative Law Judge issued a recommended order on March 19, 1999 finding the challenged amendments not "in compliance". The Governor & Cabinet sitting as the Administration Commission issued the Final Order (AC-99-002) on June 22, 1999 which requires the County to rescind the EAR-based amendments that are not "in compliance" by September 14, 1999. CONSIDERATIONS: AMENDED OBJECTIVES, POLICIES AND FUTURE LAND USE MAP: The following objectives and policies as well as the future land use map are proposed to be amended: 1. Intergovernmental Coordination Element, Policy 1.2.6 2. Public Facilities/Natural Groundwater Aquifer Recharge Sub-element, Objective 1.2 and Policies 1.2.1 through 1.2.4 3. Public Facilities Element/Drainage Sub-element, Policy 1.1.2 4. Housing Element 5. Golden Gate Area Master Plan, Policies 2.1.4 and 2.2.3 6. Conservation and Coastal Management Element, Objectives 1.1 and 1.3, and Policies 1.1.1, 1.1.2, 1.1.3, 1.3.1; Objective 12.1 and Policy 12.1.2; Policy 12.2.5; Objective 6.3; Objective 7.3; Objective 9.4; Objective 9.5; and Objective 11.6. 7. Future Land Use Element, Policy 3.1d and the Future Land Use Map depiction of the Coastal High Hazard Area. .--. The proposed amendments, identified in Exhibit A (1-7), include the cross through and underline document that was submitted to the DCA as the EAR-based amendm~ 3ts The objectives and policies that are highlighted are those that are required by th{ Fina~GEND.~ITEM, Order to be rescinded. N~ _,/'~5'/..~') / SEP 1 1999 I Pg. / ---- Exhibit B of the Ordinance provides for a vesting policy for those properties that had been rezoned within certain Activity Centers based on the boundaries in the 1989 Comprehensive Plan, as amended, during the interim period when the 1997 EAR- based amendments to the Comprehensive Plan were adopted but not effective due to the notice of intent and Administrative Hearing. Exhibit C identifies scrivener's errors and map re-numbering in the Golden Gate Area Master Plan. GROWTH MANAGEMENT IMPACT: The proposed amendments are required by the Final Order issued by the Governor and Cabinet on June 22, 1999. FISCAL IMPACT: If Collier County rescinds the above-listed plan amendment by September 14, 199, no sanctions shall be imposed for the determination of non- compliance. The Administration Commission (:Governor and Cabinet), retains jurisdiction to impose sanctions if Collier County fails to rescind these amendments and instead elects to make them effective, or fails to adopt the Remedial Amendments and Interim Amendments identified in the Final Order. The following are the potential sanctions to be imposed: 1. All state agencies will be directed not to provide funds to increase the capacity of roads, bridges, or water and sewer systems. 2. Collier County will not be eligible for grants administered under the following programs: a. Florida Small Cities Community Development Block Grant Program b. Florida Recreation Development Assistance Program c. Revenue sharing pursuant to 206.60, 210.20, and 218.61 and Chapter 212, Florida Statutes, to the extent not pledged to pay back bonds. RECOMMENDATIONS: The Collier County Planning Commission made a recommendation at the public hearing on August 19, 1999 to the Board of County Commissioners for approval of the Ordinance to rescind the EAR based amendments as identified in the Final Order; vest certain properties rezoned in the Activity Centers; correct scrivener's errors in the Golden Gate Area Master Plan and tore-adopt all other EAR based amendments. Prepared By: c,/~.,z~'~ ~- ~Date: Barbara A. Cacchione, AICP, Manager Comprehensive Planning Section Approved By: /'~/"~"-" ........... Date: Rdbert J. Mulhere, AICP, Director Planning,, .-,--. -..---'"~ ~'~rvices Departme2~{._..~.~...~__~,/.. Approved By: ~c/i'~7~'' Date: Vinc~fl~t A. C~utero, AICP, Administrator Community Development & Environmental Services Division .,,._ g > I SEP 1 4 1999 2 1 ORDINANCE NO. gg- 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS 4 AMENDED, THE COLLIER COUNTY GROWTH 5 MANAGEMENT PLAN HAVING THE EFFECT OF: 6 RESCINDING CERTAIN EAR-BASED OBJECTIVES AND 7 POLICIES AT ISSUE IN ADMINISTRATION COMMISSION 8 CASE NO. ACC. 99-02 (DOAH CASE NO. 98-0324GM), 9 MORE SPECIFICALLY PORTIONS OF THE 10 INTERGOVERNMENTAL COORDINATION ELEMENT 11 (ORD. NO. 97-56), NATURAL GROUNDWATER AQUIFER 12 RECHARGE (ORD. NO. 97-59) AND DRAINAGE (ORD. NO. 13 g7-61) SUBELEMENTS OF THE PUBLIC FACILITIES 14 ELEMENT, HOUSING ELEMENT (ORD. NO. 97-63), 15 GOLDEN GATE AREA MASTER PLAN (ORD. NO. 97-64), 16 CONSERVATION AND COASTAL MANAGEMENT 17 ELEMENT (ORD. NO. 97-66), AND THE FUTURE LAND 18 USE ELEMENT (ORD. NO. 97-67} AND THE FUTURE 19 LAND USE MAP (ORD. NO, 97-67); READOPTING THOSE 20 PORTIONS OF THE ABOVE LIST OF EAR-BASED 21 ELEMENTS AND SUBELEMENTS NOT AT ISSUE IN 22 ADMINISTRATION COMMISSION CASE NO. ACC-99-02 23 (DOAH CASE NO. 98-0324GM); AND READOPTING THE 24 IMMEDIATE PREDECESSOR LANGUAGE OF THE 25 ABOVE-REFERENCED ELEMENTS AND SUBELEMENTS 26 AT ISSUE IN ADMINISTRATION COMMISSION CASE NO. 27 ACC-99-02 (DOAH CASE NO. 98-0324GM) AS FOUND IN 28 THE GROWTH MANAGEMENT PLAN AS IT EXISTED 29 PRIOR TO ADOPTION OF THE EAR-BASED 30 AMENDMENTS; ADDING A VESTING POLICY TO THE 31 FUTURE LAND USE ELEMENT FOR PROPERTIES 32 LOCATED IN CERTAIN ACTIVITY CENTERS THAT WERE 33 REZONED CONSISTENT THEREWITH DURING THE 34 INTERIM PERIOD BETWEEN ADOPTION OF THE EAR 35 AMENDMENTS AND LEGAL EFFECTIVE DATE OF SAID 36 AMENDMENTS; AND CORRECTING CERTAIN MAP 37 REFERENCES IN THE GOLDEN GATE MASTER PLAN; 38 PROVIDING FOR SEVERABILITY AND PROVIDING AN 39 EFFECTIVE DATE 40 41 WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report 42 (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; 43 and 44 WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments 45 to its Growth Management Plan; and 46 WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued 47 its Notice and Statement of Intent to find the County's EAR-based amendments not in compliance 48 as defined by Section 163.3184(1)(b), Florida Statutes; and 49 WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued 50 its Notice and Statement of Intent to fined certain of the EAR based Objectives and Policies to the 51 Growth Management Plan not in compliance; and 52 WHEREAS, pursuant to Subsection 163.3184(10Xa), Florida Statutes, the DCA petitioned 53 for a forrnal adminisb'ative hearing to review the EAR based amendments found in non- 54 compliance; and AGENDA ITEM SEP 1 1999 I WHEREAS, the petition was forwarded to the Division of Administrative Hearings 2 (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing took place in May 1998; and 4 WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 5 1999. finding the EAR-based amendments at issue in non-compliance; and 6 WHEREAS, the matter was considered by the Governor and Cabinet sitting as the 7 Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b). Florida 8 Statutes; and 9 WHEREAS, pursuant to Subsection 163.3184(11), Flodda Statutes, the Administration 10 Commission is authorized to take final agency action regarding whether or not comprehensive 11 plan amendments are in compliance; and 12 WHEREAS. the Administration Commission, upon review of the Record of the 13 administrative hearing, ~he Recommended Order including the Findings of Fact and Conclusions 14 of Law contained therein also found the EAR-based objections and policies al issue not in 15 compliance; and 16 WHEREAS, the Administration Commission on June 22, 1999 enlered a Final Order ~7 directing Coltier County to rescind the EAR-based amendments found not in compliance by 18 September 14, 1999; and 19 WHEREAS, these amendments include objectives and policies of the Drainage and 20 Natural Groundwater Acquifer Recharge Subelements of the Public Facilities Element; the Future 21 Land Use Element; the Future Land Use Map; the Golden Gate Master Ptan; the Conservation and Coastal Management Element; the Housing Element and the Intergovernmental Coordination Element of the County's Growth Management Plan; and 24 WHEREAS, the Collier County Planning Commission has considered the proposed 25 rescission of the EAR-based amendments referenced above pursuant to the Final Order of the 26 Administration Commission and has recommended rescinding those portions of the above- 27 referenced Elements to the Board of County Commissioners: 28 SECTION ONE: RESCISSION OF EAR-BASED AMENDMENTS AT ISSUE 29 IN DOAH CASE NO. 98-324 GM 30 31 The stricken through portions of the shaded areas of composite Exhibit A and any maps 32 relating thereto attached hereto and incorporated herein by reference are hereby repealed and 33 rescinded in their entirety. 34 SECTION TWO: READOPTION OF IMMEDIATE PREDECESSOR OBJECTIVES AND 35 POLICIES OF GROWTH MANAGEMENT PLAN TO REPLACE EAR-BASED 36 AMENDMENTS AT ISSUE IN DOAH CASE NO. 98-324 GM 37 38 The underlined portions of the shaded areas on composite Exhibit A and any maps 39 relating thereto attached hereto and incorporated by reference herein are hereby readopted in I their entirety and as they existed immediately prior to the adoption of the EAR-basad amendments 2 at issue in DOAH Case No. 98-324 GM or on October 27, 1997. 3 SECTION THREE: READOPTION OF EAR-BASED AMENDMENTS NOT AT ISSUE IN 4 DOAH CASE NO. 98-324 GM 5 6 The underlined portions of composite Exhibit A and any maps related thereto, attached 7 hereto and incorporated herein by reference add text while the stricken-through portions thereof 8 delete text-all of which have the effect of reedoptin9 the EAR-based plan amendments not at 9 issue in DOAH Case No. 98-324 GM and as such are hereby readopted. 10 SECTION FOUR: ADOPTION OF VESTING PROVISION TO FUTURE LAND USE ELEMENT 11 FOR ACTIVITY CENTER PROPERTIES REZONED AFTER ADOPTION OF 12 EAR-BASED AMENDMENTS 13 14 Exhibit B attached hereto and incorporated by reference herein is hereby adopted in its 15 entirety 16 SECTION FIVE: CORRECTION OF SCRIVENER'S ERRORS IN GOLDEN GATE MASTER 17 PLAN 18 19 Exhibit C attached hereto and incorporated by reference herein is hereby adopted in its 20 entirety. 21 SECTION SIX: SEVERABiLITY 22 If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of 23 competent jurisdiction, such portion shall be deemed a separate, distinct and independent 24 provision and such holding shall not affect the validity of the remaining portion. 25 SECTION SEVEN: EFFECTIVE DATE 26 The effective date of this amendment shall be the date a final order is issued by the 27 Department of Community Affairs or Administration Commission finding this amendment in 28 compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No 29 development orders, development permits, or land uses dependent on this amendment may be 30 issued or commence before it has become effective. If a final order of noncompliance is issued by 31 the Administration Commission, this amendment may nevertheless be made effective by adoption 32 of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the 33 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3r" Floor, 34 Tallahassee, Florida 32399-2100. 35 36 37 38 39 40 AGENDA I1 ~..... SEP I q 1999 I PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 2 County this day of ,1999, 6 7 ATTEST: BOARD OF COUNTY COMMISSIONERS 8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 9 10 11 12 BY: 13 PAMELA S. MAC'KIE 14 Chairwoman 15 16 17 Approved as to form and legal sufficiency: 18 19 20 21 22 24 dent / 25 A~sist~nt County Attorney 26 27 28 29 30 31 32 33 34 1999 Ordinance/June 22, 1999 Administration Commission's Final Order 35 36 37 38 39 40 46 47 48 49 50 51 52 AGENDA ITEM SEP { 1999 Exhibit A-1 INTERGOVERNMENTAL COORDINATION ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Symbol Date Amended Ordinance NO. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. ~D { ~ 1999 ~g._, ~ IV. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE FOR THE CONTINUAL EXCHANGE OF INFORMATION AND THE USE OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF EVERGLADES AND NAPLES, COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRINT/UNITED TELEPHONE, IMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE DIVISION (MSTU), FLORIDA WATER SERVICES, FLORIDA CITIES WATER COMPANY, C~B~E. VI,~ION, MEDIA ONE, AND CABLEVlSlON INDUSTRIES, THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1.1: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, establish intergovernmental communication and level of service coordination mechanisms to be used by Collier County, Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the State, and any other entity that provides a service but may not have land use authority. Policy 1.1.1: Collier County will continue to utilize existing coordination mechanisms, e.g., intedocal planning agreements, joint meetings and any other mechanism described in this element which promotes consistent planning activities. Policy 1.1.2: The Collier County Growth Management ~ Comprehensive Planning Section of the Planning Services De0artment shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments by the County which e affect any of the entities listed in Objective 1.1. Policy 1,1.3: The Grc;:'th Man=gem=hr D=p=."t,m:nt Collier County. Comprehensive Planning Section of tho Planning Services Department shall prepare and review an annual level of service monitoring report of the Growth Management Plan. The purpose of this report is to provide the affected entities with the information in order to evaluate and coordinate level of service standards. Policy 1.1.4: The Collier County Grcwth M:nag=m=nt Comprehensive Planning Section of the Planning Services Department shall recommend procedures to be taken if the entity that has maintenance responsibility'does not plan for the necessary improvements in a timely manner in order to maintain the County adopted level of service. ~,C.,EM:),~ ITEM SEP 1 1999 Policy 1.1.5: In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standard within the parameters allowed by the Concurrency Management System of the Capital Improvement Element of this Plan. OBJECTIVE 1.2: Coordinate Collier County's land use planning strategy, including an assessment of proposed development, with that of other government and private entities. Policy 1.2.1: By Decembor 3!, !990, Collier County will continue eP, deave~ to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between respective govemmental or pdvate entities. Policy 1.2.2: These intergovernmental planning agreements shall include provisions for review and comment on Collier County land use plans along jurisdictional lines, facility planning for water, sewer, roads, and any other public facilities that may have an impact on other entities or cause inconsistencies between comprehensive plans. Policy 1.2.3: Continue to participate in cooperative planning programs with other governmental entities. Policy 1.2.4: Where appropriate, mutual planning and management programs for natural resources shall be undertaken. This shall include but not be limited to a mutual program for the management of Naples Bay with the City of Naples; a mutual program for the management of certain estuarine areas that fall under the jurisdiction of more than one local entity; a mutual program for management of groundwater resources with Lee and Hendry Counties; and a mutual program for delineation and management of watersheds. Policy 1.2.5: The County shall coordinate plans, programs, regulations and activities for the provision of housing with those of adjacent governments, particularly the City of Naples. Policy 1.2.6: ~TheCoUnty Shall continue to COordinate with the Collier County SchoOl Board on the site ~lebtiOn f~r~new schoOlS and the PrOViSionofinfraS[~CtUre, partiCularlY roads, to sUpPort ~xisting and ProPosed S~Ool faCilitibs~ !i: =c~. d_..~ !,.,!t .......... o ...... !ig~ oc::!~: ~! Policy 1.2.7: ,"~,~llinr ~'~, ,nfL, ~,,;11 , ,f;I;"~n th,~ ,-.~nRi,~f r~.f~h H';,'~n nr~,.-,~rl, ~r,~- ,~c.f.'~NI;c.l-~,~,"l h~ fh~ C~,-~ Flor!da Roglona! P!ann!ng Co'-mc!! to addro=~; ...... Adopt. and make part of the County's Growth Management Plan. the SWFRPC Dispute Resolution. Rule 291-7, dated April 1994, a voluntary regional dispute process to reconcile difference~ on planning, growth management, and other issues among local governments, regional agencies and private interests. AGENC)A I 'TEM No. / 2 SEP 1 1999 OBJECTIVE 1.3: The County shall ,,~,.,~,c~, ~,,, , ....... ~ ~ oon .... h~,,;~,,., continue to coordinate annexation plans of all incorporated areas in the County. Policy 1.3.1: Collier County will identify any proposed annexation areas in the Future Land Use Element and indicate these areas on the Future Land Use Map or map series. OBJECTIVE 1.4: By January 1 ,--1-99-~ 2000 the County shall complete an evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, and federal government and any private entity which provides an essential public service that affects Levels of Service and/or land use planning in the County. Policy 1.4.1: By January 1, ~ 2000. the County shall establish the criteda to be used to complete an update of the evaluation of informal and formal coordination mechanisms between the County, other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Levels of Service and/or land use planning in the County. Policy 1.4.2: By January 1,4982- 2000, the County shall implement procedures and activities that will improve communications between the County and other units of local, regional, state, and federal government, and private entities which provide an essential public service that affect Level of Service and/or land use planning. These procedures and activities will be based on data derived from the update of the evaluation of informal and formal coordination mechanisms. AGENDA ITEM S:? 1 1999 Exhibit A-2 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT Symbol Date Amended Ordinance NO. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. AGENDA ITI~.. -- ~ 1 ~ 1999 GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER. OBJECTIVE 1.1: .............. ¢ .... map 3 ..... ...................... On a biannual basis, beginning in October. 1998. review and revise (as necessaw) existing mad delineations of recharge areas that are most sensitive to ~ntamination from 18nd development and other su~ace activities. The review and any mad revisions will be based on geologic, hydrogeologic, hydrologic, and updated anathroDogenic ~ntaminant data aggregated during the previous biennium. Policy:l.l,l: Continue fo revise 3-dimensional ~om~ufer models of 9round w~fer' flow ~round ~ublic ~ter su~ly wellfields. ~s ~ddilion~l d~f~ (e.9.. withdrawal rotes, numbers ~nd lo,lions ~ wells wiihin well~elds. ~nd hydrogeologio information) beoome ~wil~ble. ~-~-; ..... ;*~ Continue to identi~ areas and revise ~revious identifi~tions of areas that are especially v~lnerable to ~ntamination because of land use. drainage. geomorphic, soil. hydrogeologi~l, and other conditions, such as the presence/absence of confining units. Policy 1.1.3: - ccntam!n:ticn. Identi~ existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy 1.5.4. Policy 1.1.4: ~ recharg: =r:as. ~pdate criteria for determining and mapping sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. OBJECTIVE 1.2: SSP 1 1999 Policy: 1.2.1: Policy 1.2.2: Policy 1.2.3: Policy 1.2.4: Policy 1.2.5: The County will apply existing regulations and permitting review procedures fer to the evaluation of proposed development within sensitive aquifer recharge areas. OBJECTIVE 1.3: Continue to collect and 'evaluate ground water ouality data. identifying ambient water auality values and trends, comparing analyte concentrations to Florioda Ground Water Guidance Concentrations, and providing information to water resources planning and management entities, and to the general public. Policy 1.3.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. -- Policy 1.3.3: ~./o~,Q)~/_ 2 SEP 1 1999 Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3-dimensional ground water model. Policy 1.3.5: By 1 October. 1997. establish a water resources planning group composed of appropriate County_. City_ of Naples. and SFWMD staff to provide guidance for ground water resource development, utilization, and conservation. OBJECTIVE: 1.4: ~,,4t ~,'~,'~f;,-,n~l m,,~f~,ri,-,~le, ,,'-,,,'~n,",~rnin?,, ~'~r~,l ina ~,~,'~fz~,r nr,"~f~,",fi~,.n ;e,~',, ,~r, in t",'dl;~r ('~r~, ,n~, Continue current activities of providing the public with educational materials concerning ground water protection issues in Collier County. via annual technical publicatioans of ground water ouality data collected, general information publications, speakers' bureau presentations. K-12 classroom presentations, and in-service teacher workshops and seminars. Policy 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy 1.4.2: Provide information that can be understood by the general public on Collier County's groundwater.system, its vulnerability to contamination and measures needed to protect it from contamination. OBJECTIVE: 1.5: The County_ will implement existing plans to preserve critical ground water recharg~ areas and ground water resources, and on a biennial schedule, beginning in October 1988. review, evaluate, and revise (if warranted) those plans and actions, based o13 geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy 1.5.1: Develop technical criteria for determining which areas are critical to the County's long- term ground water needs. Policy 1.5.2: Identify the critical areas and appropriate protective mechanisms. Policy 1.5.3: Identify costs, funding mechanisms and private property rights. Policy 1.5.4: No../~1/~,,"/) / 3 SEP 1 1999 By I October. 1997. implement a local petroleum storage tank cleanup program. especially in identified wellfield protection zones, operating within available State funding. Policy 1.5.5: By 1 October, 1997. increase household and Conditionally Exempt Small Quanti _ty Generator (CESQG) hazardous waste collection. GOAL 2: PROTECTION OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT UNACCEPTABLY ALTER THE GROUNDWATER RECHARGE. OBJECTIVE: 2.1: Continue ~o evaluate ~ .... ~' '~' ~;'~E~ Io~llv endorsed c~tefia ~L~C~SP. 1994 ~nd ~FWMD "Basis for Review").~ to ensure that land development activities do not unacceptably alter the timing, and quantity of ground water recharge. Policy 2.1.1: Continue to evaluate the appli~bility and effectiveness of South Florida Water Management District's Basis for Review design criteria, and wetland protection cdt~ri~ (Lower West Coast Water Supply Plan) for maintaining water table elevations and recharge in Collier County. Policy 2.1.2: Provide guidan~ for defining what is meant by prese~ation of site ground water recharge characteristics. Policy 2,1.3: Undedake other evaluations as necessa~ to accomplish this objective. Policy 2.1.4: In~rporate these criteria into ~ comFr~h~ns~'/~ the existing Groundwater Protection Ordinan~. AGENDA ITEM I SEP 1 1999 ,, SEP 1 ~ 1999 Exhibit A-3 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Drainage Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT DRAINAGE SUB-ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATIOI BECOMES AVAILABLE. AC, ENO^. .~/.~J~ I SEP I h 1999 /7' TABLE OF CONTENTS SECTION I Page I. INTRODUCTION AND HISTORY D- I- 1 A. Drainage Systems B. Drainage and Stormwater Management II. LEVEL OF SERVICE (LOS) STANDARDS D- I- 3 III. EXISTING CONDITIONS D- I-9 A. Drainage Features B. Stormwater Management Master Planning IV. CONCLUSIONS AND RECOMMENDATIONS D- 1-13 * V. GOALS, OBJECTIVES, AND POLICIES D- 1-15 VI. APPENDIX I D- 1-21 SECTION II I. REGULATORY FRAMEWORK D-II-3 A. Federal Regulations B. State Regulations C. Local Regulations II. DRAINAGE BASIN INFORMATION D-II-9 A. Main Golden Gate System B. District No. 6 System C. Cocohatchee River System D. Gordon River Extension E. Henderson Creek Basin F. Faka-Union System G. Southern Coastal Basin H. Barron River System I. Miscellaneous Interior Wetland Systems I!1. REFERENCES D-II-64 IV. APPENDIX II D-II-67 Water Management Level of Service for Planned Unit Developments Collier County Drainage Structure Inventory Collier County Channel Inventory Drainage Atlas Maps (Reduced in Size) AGENDA ITEM SEP 1 1999 V. GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: Prepare~,F"' Ju!y ~. , ,,o~o,, ~vv ~ '~ Via the Annual Update. and Inventory Report on Public Facilities (AUIR) process, annually update the Drainage Atlas Maps and Channel/Structure Inventory components of the adopted Water Management Master Plan to ~ verify the existing watershed basin boundaries within Collier County_.~ evaluate-Veri~ the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to iP~-ease maintain the facility capacities to selected design storm standards for inclusion of needed programming of operational funds in the Annual County..Budget and capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: (;3utiic~:~w-Monit0r adopted procedures that are in place to ensure that existing natural systems, existing developments, and proposed developments will receive beneficial consideration from proposed water management procedures and projects. Future updates and revisions shall reflect changed conditions in the new techniques. Policy 1.1.2: Policy 1.1.3: Continue tO Dd_evelop public.drainage facilities to maintain the groundwater table as a source of recharge for the potable water aquifers and meet the water needs for agricultural and commercial operations and native vegetation. ~. ....... ~ .............. prcpc$cd Policy 1.1._4~: 1-1.,a ~.1~,,~,- ~.~ ........ , ~o,,,~, D, ..... ~" Continue on-ooino efforts to evaluate the feasibility of restoring surface water flow into historical flow-ways and utilizing them to help control discharge into the estuaries. 1 AGENDA ITl:m / SE? 1 1999 Pg../? policy 1.1.56: Three (3) detailed basin studies are planned within the 5 year planning time frame as follows: Basin ~ta~i~g date Completion Date Gordon River Extension FY 96/97 FY 98/99 Belle Meade FY 98/99 ~ Immokalee FY 2000/2001 ~ As the studies are ~mpleted. the results will be made available to the Drooe~ owners Io~ted within the basin boundaries for their use in petitioning the Board of Coun~ Commissioners to create a taxing/assessment unit to fund the prooosed implementation of the studies re~mmendations. Policy 1.1 .~: Initiate sub-basin studies on the Se~nda~ Drainage System and ~o~ions of the basi~ within the Urban Area. =''~=~ ~" ~ ~ T ~ ~ The status of several of the criti~l sub-basin studies i~ as follows; Sub Basin Sta~ing date Completion Date · Lely Main/Branch/Manor N/A 1985 · Ha~ey FY 95/96 FY96/97 · US~I Ou~all Swales N/A 1986 · Implementation of these projects is currently unde~ay. OBJECTIVE 1.2: ~MaiRtaiR edopted drainage level of se~ice standards for basins and sub-basins identified in the Water Management Master Plan. Policy 1.2.2J: The following levels of se~i~ for drainage are hereby adopted for the purpose of issuing development permits: A. Future "private" developments - water quanti~ and quali~ standards as specified in Collier Coun~ Ordinances 74-50 and 90-10 and Land Development Code Ordinance 91-102 as amended. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Se~ice identified (by design storm return frequency event) by the completed poP,one of th= Water Management Master Plan as follows: 2 LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin D Cypress Canal Basin D Harvey Canal Basin D 1-75 Canal Basin D Green Canal Basin C Airport Road Canal South Basin D Corkscrew Canal Basin D Orange Tree Canal Basin D 951 Canal Central Basin C DISTRICT NO. 6 SYSTEM Rock Creek Basin D C-4 Canal Basin C Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin D Haldeman Creek Basin D Winter Park Outlet Basin D COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D COCOHATCHEE RIVER SYSTEM (continued) West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette-Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D AGENDA ITEM 1 1999 LEVELS OF SERVICE ATTAINED BY BASINS (continued) BASIN LEVEL OF SERVICE Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. I Basin D US-41 Ouffall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D Policy 1,2.3: Enlarge the scope of the Water Management Master Plan to include recommendations for .... changing Levels of Service together with analysis of capital requirements. OBJECTIVE 1,3: Beginning with fiscal year--1-988-S91996-97, a five year schedule of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process for the Capital Improvement Element of this plan. Policy 1.3,1: Develop procedures to update water management facility demand and capacity information. Policy 1.3.2: Prepare periodic summaries of capacity and demand information for each water management facility and service area. Policy 1.3,3: Water management capital improvement projects will be evaluated and ranked according to the priorities stated in the Capital Improvement Element of this plan. Policy 1.3,4: Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. AGENDA I~d SEP 1 1999 OBJECTIVE 1.4: Beginning with fisca, year-1988-S91996-97, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which may-be-have been outlined in the prepese~adopted Water Management Master Plan and any future individual basin studies. Policy 1.4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These pro!ects shall be undertaken in coordination with the Big Cypress Basin/South Florida Water Management District 5 Year Plan. Policy 1.4.2: Correct existing deficiencies and provide for future facility needs through the formulation and implementation of annual work programs. Encourage innovative funding sources including utilization of special taxing or assessment districts. Policy 1.4.3: Develop a public awareness program to inform the governmental leadership and general public of the need to utilize total watershed management concepts within the existing drainage systems and the environmental enhancements that will result from their implementation. OBJECTIVE 1.5: Continue to R_regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the adopted Il.and dDevelopment r~gu!at!ons ~-" *"'- ~ ..... ,~,,,,~ ~,,, ,.,,, ~v.v,v[~.,~,,~ .~:~.~.,v,.~ i..~,~,,~ .~ v,.~..,v, ,v~.~v~ , '~'t .,,v,~ ,,s~:~ ~0,.~ ~,,,~,,~,,,~.,~ t. he~-eteCode (Ordinance 91-102 as amended). Policy 1.5.1: Annually review all appropriate Water Management Ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy 1.5.2: Develop any appropriate new Ordinances and regulations necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. AGENDA ITEM / 1999 A~A ITEM Pi. Exhibit A-4 COLLIER COUNTY/CITY OF NAPLES COMPREHENSIVE PLAN HOUSING ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS & NAPLES CITY COUNCIL October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN/ CITY OF NAPLES COMPREHENSIVE PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. TABLE OF CONTENTS Pg. No. Statement of Purpose 2 Introduction 5 Methodology 6 *Goals, Objective and Policies 7 Objective 1 7 ObjectiVe 2 9 Objective 3 12 Objective 4 14 Objective 5 15 Objective 6 17 Objective 7 18 *ADOPTED PORTION - S~_P 14 1999 PLEASE NOTE: Regarding the format of this joint Housing Element: The Housing Element Goal and all the Objectives pertain to the entire County, The majority_ of all policies pertain to the entire County_ and are identified as JOINT CITY/COUNTY POLICIES, However, some policies pertain to only one jurisdiction and therefore are specially referenced as a CITY OF NAPLES POLICY or a COUNTY POLICY, Policies that are asterisked (*) are included for informational purposes only pursuant to Cha.~ter 163, Policies identified as COUNTY POLICIES are not being adopted by the City_ of Naples, Policies identified as CITY POLICIES are not being adopted by Collier County_, These policies are provided for informational purposes only, SEP 1 6 GOALS, OBJECTIVES AND POLICIES GOAL 1: TO CREATE AN ADEQUATE SUPPLY OF DECENT. SAFE. SANITARY. AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and future very-low. Iow and moderate income residents of the County_. including those households with special needs such as rural and farmworker housing in rural Collier County. JOINT CITY/COUNTY POLICIES Policy 1,1: Utilize intergovernmental agreements between the County_ and the City_ of Naples to coordinate SHIP, CDBG, and other State. Federal and private funds to improve coordination and efficiency in the provision of housing delivery_ assistance. Policy 1,2: Collier County_ and the City of Naples will work together to accomplish the community wide goal of creating a sufficient supply of market rate and below market rate housing. This effort will include consolidating the City_ and County housing programs and activities, including State and Federally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. policy 1,3: The City_ and County. will explore the development of a fair share affordable housing ordinance that will reauire commercial and residential developments to address the lack -of affordable housing. The local !urisdiction will evaluate a broad range of oDti0ns including the development of an affordable housing impact fee. the requirements that a percentage of units developed will be "set aside" for below market rate housing, provide for the transfer of development rights, an option whereby land could be donated to a nonprofit and/or placed in a land bank. or other alternatives that will assist in mitigating the rising need for affordable housir~g as the population increases. Policy 1,4: Affordable housing will be distributed eauitably throughout the County. using strategies which include, but are not limited to. density_ bonus agreements, and impact fee waivers or deferrals. In addition, affordable housing will be located where adea. uate infrastructure and services are available. CITY POLICIES None AGENDA ITEl · SEP 1 19 COUNTY POLICIES *Policy 1.5: Review the feasibility_ of incorporating the Collier County Housing Authority and the Collier County, Housing and Urban Improvement office activities into one agency tO provide greater coordination and efficiency in housing delivery_ services. *Included for informational purposes only pursuant to Chapter 163. Asterisked (*) AG~A~ policies are only adopted by the jurisdiction listed directly above the policy. No~/~) ,/ ,~ SEP 1 ~ 199 By 2000. create a non-profit housing development corporation, formed with e cross ~ection of representatives from business, government, housing advocates, end the community at large, which will assist the City. and County_ in achieving a new goal of 500 dwelling units per year for very-low. Iow and moderate income residents of Collier County. JOINT CITY/COUNTY POLICIES Policy 2.1: Increase the supply of housing for all segments of the community_ including very_ Iow. Iow ~,r~d moderate income residents and those with special needs including farmworker housing, through the use of existing programs such as Iow income housing tax credits. density_ bonuses and impact fee waivers or deferrals. Policy 2.2: Solicit input from the Chamber of Commerce. Economic Development Council. Collier Building Industry_ Association (CBIA). Naples Area Board of Realtors. Naples Are~ Apartment Association. Collier County, Banking Partnership, the Affordable Housing Commission. and the Collier County_ Housing Authority_ to identify, potential nonprofit board representation and members, and to develop a mission statement for the non- profit housing agency. The non-profit housing development corporation will partner with 'other entities to apply for State and Federal housing funds available to noR-profit corporations, This effort will result in the development of a more comprehensive housing delivery, system that ensures the development of housing for all residents of Collier County through a partnership with private developers, non-profits, local governments and other interested parties, Policy 2.3: The County and City staff will continue to provide community, organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other information that will promote affordable housing opportunities for very_ Iow. Iow and moderate income residents. Policy 2.4: By 1999. the County_ and the CiN will review existing codes and ordinances and amend as needed to allow for flexible and innovative residential design that encourages mixed use developments and variety_ of housing designs, styles, and price ranges. Policy 2.5: By 1998. the County_ and the City will review the existing permit processing systems in an effort to reduce the processing time and cost of housing, and especially for affordable housing, to identify_ areas that can be streamlined, Policy 2.6; Provide ongoing technical SUDDOrt and assistance to private developers and non-profit housing organizations in their efforts to secure State or Federal funding. AGENDA ITEIk SEP 1 19, Policy 2.7: Increase the utilization of existing impact fee ordinances to facilitate the development of affordable housing through the provisions of waivers and/or deferrals. CITY POLICIES *Policy 2.8: Provide financial, technical and support assistance to the residents of the Carver/River Park neighborhood through continued coordination with property_ owners, property managers and renters. COUNTY POLICIES *Policy 2.9: Review the County's Density Bonus Ordinance every, two years to reflect changing community needs and market conditions. Encourage the blending of affordable housing density_ bonus units into market rate developments and review the feasibility_ of approving density, bonus at an administrative level. *Policy 2.10: Through the adoption of local incentives, such as density_ bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families, · *Policy 2.11: The County Housing end Urban Improvement .Department will coordinate with independent water and sewer districts to ensure that the necessary, infrastructure and facilities for new housing developments are in place, and consistent with the County's Concurrency Management System. *Policy 2.12: The County will adopt and implement policies which address site location,,; for farm worker housing, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adeauate infrastructure and services. *lnclude~l for informational purposes only pursuant to Chapter 163. Asterisked (*) policies are only adopted by the jurisdiction listed directly above the policy. OBJECTIVE 3: By 2000. increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including strategies such as Down Payment/Closing Cost Assistance, Rehabilitation and Emergency Repair. Demolition with New Construction, and Impact Fee Waivers or Deferrals, JOINT CITY/COUNTY POLICIES Policy 3.1: Utilize Federal. State and local resources for housing rehabilitation programs that repair and maintain the existing housing stock. Apply for additional funding such as, but not limited tO, HOME and Florida Fix as funds become available. Policy 3,2: Local governments will seek out and apply for additional funding to help provide more affordable housing and will sup0ort applications from for profit and not-for-profit organizations who apply for State and Federal funding, Policy 3.3: Utilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very. Iow. Iow and moderate income residents. By leveraging Federal. State and local dollars, increase by five percent (5%) per year the number of loans made by area lending institutions to very_ Iow. Iow and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance, CITY POLICIES *Policy 3.8: Through the Neighborhood Planning Process. the City. will identify, local housing issues and develop programs as needed to address these concerns. *Policy 3.9: By 1998. the City_ will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existing residential character of the are~, *Policy 3,10 By 1998. the City will study and make recommendations to amend the Code of Ordinances to limit "megahouses" within the City., By 2000, these changes will b~. reviewed to determine their effectiveness, *Policy 3.11: By 1999. the City will review the need for a housing maintenance code to address the conservation of housing stock and the preservation and protection of resid ....... AGENDA ITEM neighborhoods. 1999 COUNTY POLICIES Policy 3.12: Collier County_ will apply for Community. Development Block Grant (CDBG) urban entitlement county, status through the U,$, Department of Housing and Urban Development which will result in an annual allocation of federal funding available tO assist very-low. Iow and moderate income households. *Included for informational purposes only pursuant to Chapter 163. Asterisked (*) policies are only adoptedby the jurisdiction listed directly above the policy. AGENDA ITEM .o. ~,4? / ~SEP 1 ~ 19~9 By 2000. the County and City will conduct a comprehensive housing survey to identi~ ~ubstandard dwelling units. Through continued enforcement of each !urisdictions housing codes, and the provision of housing programs, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throughout the Coun~ shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY/COUNTY POLICIES Policy 4.1: By 2001. use the comprehensive housing inventory_ to develop and implement new programs to reduce substandard housing employing existing methods such as housino code inspections, rehabilitation, and demolition with new construction and develop new programs as needed. policy 4.2: Require the demolition of dilapidated, unsafe or unsanitary_ housing that does not meet housing code or cannot economically be rehabilitated. Policy 4.3: Review and amend the existing relocation policy of the City and the County.. and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4,4: In the event of a natural disaster or government intervention, replacement housing shall C,,,omply with all applicable Federal. State and local codes and shall consider commercial accessibility_, public facilities, places of employment, and housing income. Policy 4.5: I~welling units will be maintained in a safe and sanitary_ condition, including adequate light, ventilation, sanitation and other provisions as required by the County_ and the City minimum housing codes. This will be accomplished through housing (;ode inspections and enforcement, and housing rehabilitation programs using State. Federal. local and/or private resources. CITY POLICIES None COUNTY POLICIES None AGENDA ITEM No..,~,~.~/ 1999 OBJECTIVE 5: Collier County and the City_ of Naples will annually monitor all identified historically significant structures to determine that these ~;tructures are being conserved, maintained, and/or rehabilitated. JOINT CITY/COUNTY POLICIES Policy 5.'1: Ensure the coordination of the Housing Element policies with the Future Land Use policies relevant to historic preservation. All structures that are listed on the National Register of Historic Places. or as contributing structures within the Old Naples National Register Histodc District. or structures that are designated as locally significant historic resources will be encouraged to maintain their historic value through the provision of technical assistance. Policy 5.2: By 1999. the County. and City will review the land development regulations, building code. FEMA regulations, a.nd other reguirements, and amend as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures, CITY POLICIES *Policy 5.3: The City will implement Ob!ective 6 and all associated policies in the Future Land Use Element as they pertain to historically significant structures including the criteria for designation of locally historic resources found in Chapter 12 of the Support Document. Policy 5.4: . *By 2000. coordinate with Future Land Use policies and study potential incer~tives to encourage the conservation, maintenance and rehabilitation of historic structures and make recommendations to City Council. COUNTY POLICIES *Policy 5.5: The conservation and rehabilitation of housing which is of historic significance ~h~all be accomplished by working with private sector groups and private developers. *Policy 5.6: The Land Development Code that regulates the rehabilitation, demolition or relocation of historically significant housing will be emended as needed. *Poli~;y 5.7: Every five years, the Historical Housing Construction Survey will be updated to ensure further identification of historically significant housing. The Collier Coun _ty Probability maps will be updated as each new historic structure or residence is listed on the National Register or is locally nominated. AGENDA ITEId SE?0 1 1999 *Policy 5.8: ? By 1999. the Historic/Archaeological Preservation Ordinence shall be u0dated to include eny new historically significant housirlg end to include any changes in State or Federal regulations concerning historically 0ro.oerties, *Included for informational r~umoses only r~ursuant to Char~ter 163. Asterisked (*) policies are only adopted by the jurisdiction listed directly above the policy ' ]£:? 1'~ 1999 OBJECTIVE 6: By 1999. the County. and City will ensure that Ioca, land development regulations are in compliance with State and Federal regulations regarding group homes and foster c~re facilities locations, JOINT CITY/COUNTY POLICIES Policy 6.1: Provide non-profit organizations with information on Federal. State and local housinq resources that will assist them in the provision of special needs housing. On an annual basis, or as needed, provide technical assistance and support as organizations apply for funding assistance. Policy 6,2: Review the Coun _ty and Ci_ty Fair Housing ordinances and procedures and consolidate fair housing implementation in order to provide consistency and coordination between the jurisdictions. Policy 6.3: By 1999. review existing County_ and City. land development regulations and building codes to ensure compliance with State and Federal regulations, and amend as necessary., to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: Group homes and foster care facilities will be allowed in residentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and consistent with Chapter 419. F.S. CITY POLICIES None COUNTY POLICIES None Although mobile home parks currently exist within Collier County. as a rest~lt of the coastal community's susceptibility to flooding and ~torm surges, any new mobile home parks will be restricted to area's outside of the urban coastal fringe. JOINT CITY/COUNTY POLICIES None CITY POLICIES *Policy 7.1: The City_ formally recognized the existence of one mobile home .Dark in the city_ limits through a Planned Development rezone process. This rezone .process recognized that the Naples Mobile Home Park does provide affordable housing o.Dportunities to those living in the 141 mobile homes and 31 recreational vehicle s.Daces within this complex. *Policy 7.2: Additional mobile home developments will not be .Permitted in the city. limits due to the ¢ity'~ Iow elevation, susceptibility to flooding, storm surges and high winds in hurricane and tropical storms and that mobile homes are particularly vulnerable to damage. COUNTY POLICIES *Policy 7.3: The County_ has numerous sites where mobile homes are a .permitted use and these sites will continue to be available for mobile home development, However, due to the Iow lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damage, no additional sites will be zoned for mobile home development within coastal Collier County. *Included for informational purposes only pursuant to Chapter 163. Asterisked 'i"' -AGEND~A ITEM policies are only adopted by the jurisdiction listed directly above the policy, k~o./Z,..~,~) / Exhibit A-5 GOLDEN GATE AREA MASTER PLAN Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. i.~GEN~)A II'EM ~. ~<,e_)! °-~ 1 ~ 1999 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Honorable Barbara Berry Honorable Timothy Constantine Honorable Timothy Hancock, Chairman Honorable Pamela Mac'Kie Honorable John Norris COLLIER COUNTY PLANNING COMMISSION Michael A. Davis, Chairman Michael J. Bruet Russell A. Budd Richard Nelson Edward J. Oates Michael Pedone Russell Priddy Fred Thomas Jr. Donald J. York DIVISION OF COMMUNITY DEVELOPMENT Vincent A. Cautero D. Wayne Arnold Tim Billings Bill Bryant Barbara Cacchione Mary Lee Layne Stan Litsinger Dot Marron Tom McDaniel Joe McHarris Michele Mosca Mariam Ocheltree Debra Preston Jason Sweat David Weeks ACtA ITEM SEP 1 1999 TABLE OF CONTENTS Page I. INTRODUCTION 2 I1. OVERVIEW 4 A. County-Wide Planning Process B. Golden Gate Planning Process * II1. IMPLEMENTATION SECTION 5 A. Goals, Objectives and Policies 5 B. Land Use Designation Description 10 1. Urban 10 2. Estates 29 3. Agricultural/Rural Settlement 36 IV. SUPPORT DOCUMENT V. APPENDIX 1 - CONDITIONAL USES VI. APPENDIX 2 - COMMERCIAL LAND USE NEEDS VII. APPENDIX 3 - GGAMP QUESTIONNAIRE RESULTS VIII. APPENDIX 4 - PUBLIC PARTICIPATION SCHEDULE LIST OF MAPS * Map Page '! Golden Gate Master Plan Study Areas 3 2 Golden Gate Area Future Land Use Map 12 2 3 High Density Residential Subdistrict 16 ~ Urban Mixed Use Activity Center 18 4-5 CR-951 Commercial In-fill Designation 20 ~ Activity Center Map 24 7 Santa Barbara Commercial Subdistrict 25 6-8 Golden Gate Parkway Professional Office 28 Commercial District -7-9 Golden Gate Estates Neighborhood Centers 32 -8-1_.0_0 Randall Boulevard Commercial District 34 *Adopted Portion '1 SEP 1 1999 ,//'/ AGENDA ITEM I. INTRODUCTION Collier County has experienced a tremendous rate of population growth since 1980 and the trend is anticipated to continue. In response to the anticipated population increase and the Growth Management Act of 1985, Collier County adopted a revised Growth Management Plan in January of 1989 as part of a statewide effort to effectively manage growth. The Golden Gate Area (see Map 1) has grown at an even higher rate than the County-Wide rate since 1980 and is projected to contribute significantly to County-Wide growth in the future. The Golden Gate Area was previously subject to the regulations outlined in the County's Growth Management Plan. However, in 1991, the unique characteristics of the area resulted in adoption of a separate Master Plan for Golden Gate. This Master Plan became a separate Element of the County's Growth Management Plan and supersedes Objective 1, Policy 1.1, and Policy 1.3 of the County-Wide Future Land Use Element. All other Goals, Objectives, and Policies contained in the Future Land Use Element and all other Elements are applicable. In addition, the Golden Gate Area Future Land Use Map will be used instead of the County-Wide Future Land Use Map. In April, 1996, the Board of County Commissioners adopted the Evaluation and Appraisal (EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91-15, which adopted the original Golden Gate Area Master Plan was repealed and a new Ordinance 97-64 was adopted. This plan includes three major sections: The OVERVIEW section provides an introduction to County-Wide and Golden Gate Area planning efforts. The IMPLEMENTATION STRATEGY places the Plan into effect. Strategies have been developed to address land use, public facilities, and natural resources. This section also includes the Goals, Objectives, and Policies, and the Golden Gate Area Future Land Use Map. The SUPPORT DOCUMENT outlines data and information used to develop the implementation strategy and the Goals, Objectives, and Policies. AGENDA ITEM { 1999 &GENDA ITEM ~./~) / r~ 1 Zt 1999 MAP 1 GOLDEN GATE AREA MASTER PLAN STUDY AREAS COLLIER COUNTY, FLORIDA HENDRY CO. S'11.~ Y AREA ~.R. 84~ LEE CO. COLUER CO. C.R. 846 C~TY $.R. 84 I -75 NAPLES---e- HARCO ~ ISLANO N 0 ~. 1~g ~ PR~AR~ BY: ~A~I~ ~D ~Nl~ ~PP~T ~G~ ~ C~MUHI~ DE~M~T AND ~MENT~ ~S Ol~ ~ R~ ~P-gB.O~ 0A~ 12/~ AGENDA"ITEM ,o../,~?~ / E? i/~ 1999 SEP 1 ~ 1999 II. OVERVIEW A. COUNTY-WIDE PLANNING PROCESS As mandated by Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulations Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance", Collier County adopted a new Growth Management Plan in January of 1989. This legislation requires all Counties and municipalities throughout the State of Florida to develop a plan which consists of the following elements: 1. Land Use; 2. Transportation; 3. Housing; 4. Public Facilities; 5. Capital Improvement; 6. Recreation and Open Space; 7. Intergovernmental Coordination; 8. Housing; and 9. Conservation and Coastal Management (Coastal Counties). Chapter 163, F.S. and Rule 9J-5 also require that the Growth Management Plan be evaluated every 7 years and prepare an Evaluation and Appraisal Report (EAR) to determine how the existing Growth Management Plan has carried out its Goals, Objectives and Policies. In April, 1996, the Board of County Commissioners adopted the EAR. The Golden Gate Area Master Plan has been readopted to carry out the recommendations of the EAR. B. GOLDEN GATE AREA PLANNING PROCESS Collier County's Future Land Use Element is divided into two sections. The first section outlines the Goals, Objectives and Policies. The second section is the Land Use Data and Analysis. Policy 4.1, contained within the Goals, Objectives and Policies section, states the following: "A detailed sector plan for Golden Gate Estates shall be developed and incorporated into this Growth Management Plan by August, 1991. The sector plan shall address Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations." In February, 1991, the Board of County Commissioners adopted the original Golden Gate Area Master Plan after assistance and recommendations from a Citizens Steering Committee. SEP 1 1999 III. IMPLEMENTATION STRATEGY This section places the plan into effect. Implementation strategies include the Goals, Objectives and Policies, and the Land Use Designation Description Section. GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OBJECTIVE 1.1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts are identified in the Land Use Desiqnation Description Section of this Element. Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A,. 1. URBAN - MIXED USE DISTRICT -1-.a_. Urban Residential Subdistrict b. High Densi~ Residential Subdistrict B. 2. URBAN - COMMERCIAL DISTRICTS · .~. Activi~ Center Subdistrict ~. CR-951 Commercial In-fill ~ Subdistrict 3.~. Commercial Under Criteria ~ Interstate Activi~ Center Subdistrict e. Santa Barbara Commercial Subdistrict f~ Golden Gate Par~ay Professional Office Commercial Subdistrict Policy 1.1,2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ~ ESTATES - MIXED USE DISTRICT a. Residential Estates Subdistrict b. ~Neighborhood Center Subdistrict c. Randall Boulevard Commercial District Subdistrict d. Conditional Uses Subdistrict .................................... ~ .............. ~ ............ A~A '1~ ¢ SEP 1 1999 Policy 1.1.3: The ^GRICULTURAL/RUR~L Future Land Use Designation shall include the following Future Land Use District: A. SETTLEMENT AREA DISTRICT Policy 1.1.4: f,w~,../ Conditional Use requests shall adhere to the guidelines outlined in the Conditional Use Description Section. Policy 1.1 ': Conditional Use requests shall be approved by the Board of County Commissioners by a Super Majority (4/5) vote. t~--I:--.. 4 ,4 .~. 1%111~ prcpcd~co chc~ be~, · end Gc!dcn Policy 1.1.6: ~o development ordors shall be issued inconsistont with tho Golden Gate Master ~an with the exco~tion of those unimproved prope~ies ~ranted a positivo detormination through the Zoninq Re-evaluation Proqram and identified on the Future Land Use Map Sedes as propedies consistent by Policy and those development orders issued pursuant to conditional uses and rezones approved based on the Count-Wide Future Land Use Element (adopted Janua~ 10, 1989, Ordinance 89-05) ~ich was in effoct at the time of approval. An~ subsequent development orders shall also be reviewed for consistency with the Gro~h Management Plan based on the Count-Wide Future Land Use Element. OBJECTIVE 1.2: finsure public facilities are provided at an acceptable leuel of se~ice. A~A 1 1999 Policy 1.2.1: Requests for new uses of land shall be subject to level of service standards and concurrency requirements for public facilities as outlined in the Capital Improvement Element of the Growth Management Plan. Policy 1.2.2: The Golden Gate Area Master Plan shall be updated on an annual basis to reflect changes in programmed public facility improvements. Policy 1.2.3: ~^,;,h; ..........~ ..,~..,.,;,.....~ *hi.- ..,-,., thcThe Collier County Transportation Department shall continue to explore alternative financing methods to accelerate paving of lime-rock roads in the Estates. '~ ~""""~"" ................................ ,.. ............ ,.,,.. ........ ., ,.., paving ,, Policy 1.2,4: Consistent with Florida Chapter Law #89-169, Florida Cities Water Company shall provide updated water and sewer service data to the Collier County Utilities Division on an annual basis. Policy 1.2.5: Due to the continued use of individual septic systems and private wells within a densely platted urban area, Florida Cities Water Company is encouraged to expand their sewer and Water service area to include all of that area known as Golden Gate City at the earliest possible time. Policy 1.2.6: ~^/;*~'~n ......... ~ "'~""*;'"" '"~ *~';~ '"~"" *he The Golden Gate Fire District in cooperation with County entities, if appropriate, shall "~*~'"* * ..... '~* ........... * w~th *ho City · .....,,,~. ........ ,..,,-... .... ~ ........... of thrcatcncd, investiqate the establishment of permanent draftinq stations strategically located along the canals in Golden Gate Estates as a water resource to fight fires within the area. OBJECTIVE 1.3: The County shall continue to protect and preserve the valuable natural resources within the Golden Gate study area. Policy 1.3.1: The Planning Services Environmental Review staff shall coordinate with all other units of local governments involved in land use activities, permitting, and regulating to ensure that all Federal, State and local natural resource protection regulations are being enforced. Policy 1.3.2: The Golden Gate Area Master Plan shall be updated within a reasonable time period after the date set forth for completion in Policies 1.1 and 1.3 of the Conservation and Coastal Management Element of the Growth Management Plan. n,,.. ,.. ,~. .... ,, ,-.~., ..... * ............*~.-* ,....'.-* .'.. ,~... ~..,.~,.. ~.,,.. ~-.,~. ^ .... ,-~ .... ..~GF. NOA I~cM I1 1999 OBJECTIVE 1.4: Provide a living environment which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: The County's Code Enforcement Board shall strictly enforce the._,..,-7'"'""",,, ,u """~;.--, ~,, .... ,.~, ,......,~,' Land Development Code to control illegal storage of machinery, vehicles, and junk, and the illegal operation of commercial activities within the Golden Gate Area. IAliH~in ~r~ year of .-,~1,..~,..,,;,.~,.., ,~,; *h,.~ r~;,~n ,-.+.~.4' ,-.l~,,,if ,-,.,, ..... ~-, .,,,.,,.~ ..... ;,-I ......... ,.I,.~,;,-,,.~. ,,-~ '/;O~'' QC'"" , ........... ,-,,~. ........ .~ .................. ...-,..,, .................. The County recognizes that the Southern Golden Gate Estates crcc project(SGGE), as part of the Federal Save Our Everglades Program, that area which lies south of State Road 84 to US 41, is an area of special environmental sensitivity and ~'"~-"'~'"'~;~' ;"~""~"* .... is biologically and hydroloqically important "'"'~ *~"~ "'~'-*";'-*;""' '"' ~ .... ' ..... * '"""~ "*";"* r .... r,.,+;,-,,-, ,-,¢ ..... !S RCCC$SQrj * ........ * .... + h.-,,-,.-~ +,.,, +~ .... ~t;,-, ~,,.,,.,H-~, ,-..-,~,~, ,.,,..,,-~,, OBJECTIVE 2.1: Immediately upon adoption of this Obiective~ ~,-"~'~,,,,,.,,~,,,,.,,,, !~fro~t"'..'oturo !~ ~GE. public infrastructure will be handled by the following I:)oli¢ies. Policy 2.1.1 E~)~s~i~-f~ Minimal road maintenance to include traffic signage, right-of-way mowing and road surface patching/grading *~" ~' .... .......... ~, ..................... ~, ................... -'~C .......... "'~ ;'*~; .... '~"~ O~ ~'~'"*; .... ; o ..... '"'~' 'J ..... '~ will continue Policy 2.1.2 Consistent with the Public Facilities Element, public water and sewer facilities shall not be expanded into SGGE. Policy 2.1.3 Special taxing districts associated with infrastructure improvements shall not be created for or expanded into SGGE. AGENDA ITEM s SF_? 1 1999 OBJECTIVE 2.2: In order to further its goal of protecting this area of special environmental sensitivity, the County will coordinate with DNR DE? in an effort to assist the State's acquisition of privately owned property within SGGE to the extent consistent with the recognition of existing private property rights. Policy 2.2.1: - The County shall direct inquiries and make information available regarding options for the sale or donation of land to the State, or other inquiries regarding acquisition, to the Florida fr~,lo~ DEP, Bureau of Land Acquisition's designee, as provided by DNR DEP. Policy 2.2.2: The County will designate a member of the Community Development and Environmental Services Division to act as liaison between property owners and DEP so as to provide accurate information reqarding the acquisition of land in SGGE. Policy 2.2.3: Immediately upon adoption of this policy, implement a system for reviewing applications for development in SGGE which will include the following two step procedure: Step I: Pre-application Procedure: A. Notice to DNR, Bureau of Land Acquisition, of the application within 5 days of receipt; B. Notice to the applicant of DNR's acquisition program, the lack of public infrastructure and the proposed restoration program for SGGE; C. Within the notice of DNR's acquisition program, the applicant shall be encouraged to contact DNR, Bureau of Land Acquisit- ion to determine and neqotiate whether DNR intends to purchase applicant's property at fair market value; D. Prior to the processing of an application for development approval {'Step II) the applicant shall provide to the County proof of coordination with DNR. Upon execution of a contract for sale, the pre-application shall be placed in abeyance pending completion of the purchase by DNR: Step Ih Application Review Procedure: E. The County shall review the environmental impacts of the application in order to minimize said impact; ""' F. The County shall apply Section 2.2.24.3.2, Development Standards and Regulations for ACSC-ST of the County's Unified Land Development r,,.,,~A Chapter 28-25, Florida Administrative Code, "Boundary and Requlatil )ns T0r Big Cypress Area of Critical State Concern", whichever is stricter; an~ I, ~..~2~2/._,4) / 1 1999 G. The County shall provide a minimum review and processing time of 180 days from the date of commencement of the pre-application procedure before any development permits are issued· OBJECTIVE 2.3: In order to further this Goal, Collier County recoqnizes the DEP's Work Plan and time frames for completion of the reappraisal and purchase of lands in SGGE as follows: ·Reappraisal of lands by December, 1998, using the Uniform Standards of Professional Appraisal Practices, without limiting conditions. · Complete purchase of the SGGE proiect by December 31, 2000. Policy 2.3.1: Recognizing the time frames described in Obiective 2.3 above, if either the reappraisal or purchase is not completed by the dates specified in the Work Plan, the Board of County Commissioners will initiate the process to amend the Growth Management Plan to delete Goal 2 and its related Obiectives and Policies during the first amendment cycle followinq the first scheduled completion date of December, 1998 described in the Work Plan. B. LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the three land use designations shown on the Golden Gate Area Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the._..,7'-"-~'--~,,, ,u """~;--, ,-,, ..... .,~, ..... Land Development Code or in special studies completed for the County. 1 URBAN DESIGNATION: ,w URBAN MIXED USE AND URBAN COMMERCIAL Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities and areas in close proximity which have or are projected to receive, future urban suppod facilities and services. It is intended that Urban Designated areas accommodate the majority of population growth and that new intensive land uses be located within them. f¥~../The boundaries of the Urban Designated areas have been established based on several factors including: · patterns of existing development, · patterns of approved but unbuilt development, · natural resources, water management, and hurricane risk, · existing and proposed public facilities, ,~ ...... ....,," ,~..'-" · population projections, and the · land needed to accommodate growth. /w The Urban Designation will also accommodate future non-residential uses including essential services as defined by the most recently adopted Collier County Land Development Code. Other permitted non-residential land uses may include: · parks, open space and recreational use; · water-dependent and water-related uses;~.......f~"" "'......, ....... ,....,....,..,*;"", .".nd '~""~*',~.....,~...,., M .~ .. -. ,. .. .~. ,- .. ,~ ........ · child care centers; · community facilities such as churches, cemeteries, schools, fire and police stations; utility and communication facilities· ...... , . . . "A AI'I'E~. · support medical facilities such as physicians offices, medical clinics, treatment, jesearcC~O.~. _ · · .~ %k~ /~;~/~J) I and rehabilitative centers and pharmacies (as long as the dominant use ~s medi~l ' - ~ - related) may also be permitted provided they are granted concurrent with or Ioc_~ted,,_ : 1 1999 10 within ¼ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but .".ct ~imltcd ,.. hA .... ,: .... , r- ..... '~ Golden Gate Urgent Care. ^ ....... ' ''~ .... ~' ...... "* ""~'~:"'-~ ~"":::*: ...... ~' .....*"'~ .......... * with *~' ......... : "¢n,c~;". ~'"'"":*"1 ..... '~:~al """+ ...... ;':"~' "¢¢"' p;[,,m~,"J '~"'~ ...... * ....*""'"+'"'~"+ ¢"" '~" +' .... ,gl :";' ";"" ,~d , .......f .... ~' "'" bu* Stipulations to ensure that the construction of such support medical facilities are concurrent with hospitals or such medical centers shall be determined at the time of zoning approval · Group Housing shall be permitted within the Urban Mixed Use District and Urban Commercial Districts subiect to the definitions and regulations as outlined in the Collier County Land Development Code {'Ordinance 91-102, adopted October 30, 1991 and consistent with Iocational requirements in Florida Statutes (Chapter 419.01 F.S.). Group Housing includes the following type facilities: · Family Care Facility, if occupied by not more than six (6) persons shall be permitted in residential areas. · Group Care Facility, · Care Units, · Adult Congregate Living Facilities, and · Nursing Homes. MAP 2 °OLDEN O^TE ^.~^ GOLDEN GATE AREA ~TU.E L^ND US~.^. FUTURE LAND USE MAP LEGEND NAP~ IMMOKA~EE ROAD RANDALL ~UL~ARD GOLDEN GATE WNITE BLVD. DAVIS BLVD. EXT, S.R.-.84 a. Urban-Mixed Use District This district is intended to accommodate a variety of residential and commercial land uses including single-family, multi-family, duplex, and mixed use (Planned Unit Development). 1) Urban Residential Subdistrict All land within the urban mixed use designation is zoned and platted. However, any parcel to be rezoned residential is subject to and must be consistent with the ~"' .... Density Rating System: U$CG. from +~ .... +....-., ,~.~. ;,., ..... ,; ........,~ ,.,~,...~....... -, ,-~^c~;v;*" r.~..+~.. ;,. ,.;,, ...,,.,,.. SEP 1 19[ residentia! areas. DENSI~ ~TING SYSTEM: BASE DENSITY - Four,{4) residential units per gross acre which may be adjusted dependin~ u~on tho charactodsdcs of the ~roject. In no ~so shah tho maximum Oormittod donsit~ Oxcood ~ msidontial dwOllin¢ unit~ pot ~rO~S acm. The follow~n~ densit~os per ~ross acre may be added to the ~ase donsity: i. ~onvorsion of commorcial ~ ~ ~ dwollin~ unit, - }f the ~ro)ect includes convorsion o~ commercial zonb~ which is not Iomtod w~thin an Activi~ Center or which is not consistent w~th adoated sitb~ cdteda for ~mmerdal land use. a bonus of up to dwellin~ un,ts mag ~e addod for ovo~ one acro of commercial zo~in~ which is conve~ed. These dwollb~ units may be distributed over the entire ~ro)ect. The ~ro~oct must be compatibl~ with ,urroundin~ land us~. ii. ~roximityto~ctivi~ [ ~ dwollin~ units - W~thin an ~ctM~ ~ 3 dw,llin~ unit, - Within ~ mile of Activi~ Conter iii. ~fforda~l, Hou,in~ as defined by tho Affordable Housin~ ~onsi~ ¢onus Or~inanco (~0-8~ adopted ~ovember 22. ~ ~0) * 8 dwollin~ units iv. Residential In-fill - if tho project is ~0 acres or loss ~n sizo: area with central public water and sewer semite; compatible with SUrr~ ~ndinq 14 land uses; has no common site development plan with adjoining property; no common ownership with any adjacent parcels: and the parcel in question was not created to take advantage of the in-fill residential density., · 3 dwelling units v. Roadway Access - Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County_ Trans0ortation Services Division) or the road is scheduled for completion dudng the first five years of the Capital Improvement Schedule. · __ Add 1 dwelling unit - if direct access to two or more arterial or collector roads as ,identified in the Traffic Circulation Element. c) There are Density. Bands located around Activity_ Centers. The density_ band around an Activity Center shall be measured by the radial distance from the center of the intersection around which the Activity. Center is situated. If 50% or more of a project is within the density, band. the additional density applies to the entire project. Densi .ty bands shall not apply within the Estates Designation. 2) High Density Residential Subdistrict To encourage higher density, residential and promote mixed uses in close proximity to Activity Centers, those residential zoned properties permitting up to 12 dwelling units per acre which were located within and consistent with the Activity Center designation at Golden Gate Parkway and Coronado Parkway established by the 1989 Collier County Growth Management Plan and subsequently removed by the creation of a new Activity Center via the adoption of the Golden Gate Area Master Plan are recognized as being consistent with this Master Plan and are outlined on Map 3. ¼ SEP 1 199 MAP .3 HIGH DENSITY RESIDENTIAL SUBDISTRICT 1989 BOUNDARIES OF ACTIVITY CENTER LiJL.J I Ac'rI¥1TY E PR~'ARE:D BY: GRAF'I..~'"~ A.NO i'[~NICAL SUPPORT ~C~ SEP 1 ~ 1999 b. Urban Commercial Districts .1) Activity Center Subdistrict The Activity Center designated on the Future Land Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed-use (commercial residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing 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. The size and configuration of the Activity Center is outlined on Map 4. US~S used.~ ~ ~ g'.,~'~x~ ,~.~ 8x ore m~., ,~ fees ~,~¢ ,k~., ,~, ~ ........... , .... , c n~H~ili+,, n~ *h ........ ~ dcvc!opmcnt '.'"~ ~ ~ ......... ~ buff~rinq for _om~ ........ ¢ ......~, ~ ................. _ o Natura~ or man-made constraints; o Other relevant factors. The standard for intensity of uses within each Activity Center is that the full array of commercial uses may be allowed. Hotels and motels that Io~te within an will be aflowed to 0evo~op at a density consistent with the Zonin~ Ordinance. All now residential zonin~ shall be mnsistent with the ~ensity Ratin~ System. ~xistin~ commercially zoned and devolope0 areas which are not within an ~ctivity Center or do not meet other commercial sitin~ criteria will Be allowed to expan0 only to the extent permitted under the zonin~ dassification for that prope~y. [xpansion involvin~ of additional properly occurring after adoption of this Plan shall be subject to the polici, s of~. this Plan. SEP 1 I? MAP 4 URBAN MIXED USE ACTIVITY CENTER GOLDEN GATE PARKWAY AND CORONADO PARKWAY C~t.tJ~ COUNTY, F'LOR~DA 2) CR-951 Commercial In-fill Subdistrict Due to the existing zoning and land use pattern in the Commercial In-fill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: ~ Low inten~i~ transitional commercial uses that are compatible with both residential and commercial, to provide for small s~le shopping and personal needs. ~ Intermediate commercial to provide for a wider varie~ of goods and se~ices in areas that have. a higher degree of automobile traffic. These uses shall be similar to C-1. C-2. or C-3 zoning districts outlined in the Collier County Land Development Code (.Ordinance 91-102). adopted October 30, 1991). b) Rezones shall be en~uraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least fo~ thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan); c) Projects within the in-fill area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; d) Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments; and e) Access to projects shall not be permitted from CR-951. m 1 q 1999 10 MAP 5 C.R. 951 COMMERCIAL INFILL DISTRICT Collier County, FIorldo , 'Il' I-~1/I i~ LEGEND ~U~ P~ BY: ~ ~ ~L ~t ~C~ ~ ~. /~.~/ ~ *-'> 1~ 1999 20 3) Commercial Under Criteria Subdistrict Within the Urban-Mixed Use District certain in-fill commercial development may be permitted. This shall only apply in areas already substantially zoned or developed for such uses. The following standards which limit the intensity of uses must be met: a) The subject parcel: · mMust be bounded on both sides by improved commercial property or commercial zoning consistent with the Golden Gate Area Fut'..'rc Lend Ucc E--teme~ Master Plan; or, · Must be bounded on both sides by commercial property granted an exemption or compatibility exception as provided for in the Zoning Re-evaluation Ordinance; and · s_Should not exceed 200 feet in width, although the width may be greater at the discretion of the Board of County Commissioners. · Uses that meet the intent of the C-1/T Commercial Professional/Transitional District are only required to be bounded on one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as provided in the Zoning Re-evaluation Ordinance. T ' of 4) Interstate Activity Center Subdistrict On the fringes of the Golden Gate Master Plan boundaries, there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-Wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County-Wide FLUE and not this Master Plan. Adjacent to this Activity Center on the west side of 1-75 and on the north side of Pine Ridge Road is a property comprising 12.79 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use District and consists of Tracts 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. Within this district no more than 35,000 square feet of office related uses on 5 acres are permitted within the eastern portion of this property. The property in its entirety is also permitted to be developed with the following Conditional Uses of the Estates Zoning District with a maximum floor area ratio (FAR) of 0.45: Category I and II Group Care Facilities; care units; nursing homes; assisted living facilities pursuant to 400.402 F.S. and ch. 58A-5 F.A.C.; continuing care retirement communities pursuant to 651 F.S. and ch. 4-183 F.A.C.; schools; churches; and child and adult day care facilities. Such permitted uses shall be encouraged to be submitted as a Planned Unit Development for the subject property in its entirety, with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering, and other pertinent development standards to ensure compatibility with nearby residential areas, and subject to the following additional criteria: · There shall be no access onto Livingston Woods Lane · There shall be a minimum landscaped buffer along the north and west property lines of 75 feet; Driveway access, parking and water management.facilities may be allowed within the 75' buffer area along the north property line but none of these uses shall be located closer than 30 feet to the west or north property line; and · No automobile parking, homeless shelters or soup kitchens shall be permitted; and · developmentThe eastern 2.59mayaCreS,occur withinm°re orthisleSS,area.Of Tract 28 shall be preserved as wetlands ar d noN& SEP 2! bc'~nd~r!~c. See Map 6 for a detailed map of this Activity Center boundary. ,5) Santa Barbara Commercial Subdistrict The intent of this Subdistrict is to provide Golden Gate City with additional opportunities for small scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain Iow intensity uses which generate/attract relatively Iow traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. The types of uses permitted are Iow intensity retail, offices, personal services, and institutional uses, such as churches and day care centers. This Subdistrict is intended to promote commercial development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity, existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within one additional year. This requirement to cease existing residential uses does not apply to owner-occupied dwelling units. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffering requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does not preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of 1 acre. 7. Encouragement of shared access. 8. Encouragement of pedestrian traffic by requiring sidewalks and requiring adjacent projects to coordinate location of sidewalks. 9. Building height limitation of two stories maximum. 10. Signage restrictions. 11. Variance provision applicable to the above items, except Number 4." PINE RIDOE RD. IC.R. 8961 - INTERSTATE 75 l~ ~*'~'" AND m~TA~ ~ Onulm ACTIVITY CIE/(T(N : _ : _ : .]~ MAP 7 SANTA BARBARA COMMERCIAL COLLIER COUNTY. FLORIDA 94- 99 95 98 ,,. '. 8] 101 106 107 89 LOT 1 LOT 2 LOT 2 ~ 108 REPLAT " g( g~ ....... 110 111 91 112 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIV1SION FILE: GGMP-39.DWG DATE: 8/98 rII~TDI~T ~..~ ........ ~ ............. ~,,.u, regress ...... , 2. Business and Rea! Estate Offices; 3. , M~ .... Brokers; 4. Professional Offices; 5. F~nanda~ 6. Sit down restaurants; and .,~.~,~ ......... ~ ,~,~ .... ~ ~ ~,,~ ..... ~,, ~,,~ ~ ...... ~ .... ] ~-~,~,,,~,., district. (6) feet in height. No fiachln~ or mochani¢~! signs shall be =,owed. Signs 7~nln~ ~rdin~n~ be provided for each se'/enb'- IIY~ IIY~ ;riel, ,~;nD fkn following: the ,,~.;on~ ~k~, .~, ~.; .... *ko petit!oner surr ~holl kn tkn mini ...... or; .... fkaf. m~bn¢ nO~¢;kln ........ kl ...... Ffkn I~n4 k,,;14; .... Ooldon Gato Carkwa~ Prof,s~ional Offle, ~omm,r~lal 8ubdi~triet The provision~ of this distdct (soo Map ~ 8) are intondod to ~rovido Golden Gate City with a viable Professional Office Commercial District. The Professional Office, Commercial District has ~o purposes: · to se~e as a bona-fide entw way into Golden Gate Ci~; · t0 provide a communi~ fo~ point and sense of The uses permitted within this district are generally Iow intensi~, office development end instituti0nol type uses. such as churches, which will minimize vehicular traffic. provide suitabl~ !ands~ping control ingress and egress, and ensure compatibility with abutting rosidential districts. I ¢ - * I 4 1999 26 } ~8._ ~ .,- MAP 8 GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT PREPARED BY: GRAPHICS AND ~CHNICAL SUPPORT COMMUNI~ DE~LOPMENT AND EN~RONMENTAL SEDUCES 2. ESTATES DESIGNATION This designation is characterized by Iow density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as !.25 1.14 acres. Intensifying residential density shall not be permitted. ,..,f¥~ The Estates Designation also accommodates future non-residential uses including: · Conditional uses and essential services as defined in the Land Development Code,-and · Parks, open space and recreational uses, · __Group Housing shall be permitted sub!ect to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102. adopted October 30, 1991 and consistent with Iocational reauirements in Florida Statutes (Chapter 4'19,01 F.$.). Group Housing includes the following type facilities: · _ Family Care Facility.. if occupied by not more than six (6) persons shall be permitted in residential areas. · __ Group Care Facility, · Care Units. · _ Adult Congregate Living Facilities. and · __Nursing.Homes. :These All of the above uses shall be consistent with all of the Goals, Objectives and Policies of the Golden Gate Area Master Plan including Objective 2.! and Pe!iclas 2.!,!, 2.! .2, and 2.1.3. a. Estates-Mixed Use District 1) Residential Estates Subdistrict - Single-family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density of one unit per 2¼ gross acres unless the lot is considered a legal-le~ non-conforming lot of record. 2) Estates Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) Location The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial development. subsequent exp3.-.sion '''¢ r-::,_a~.: t,,hi,-h ,,,;11 e'innific,-'~nfl,, r~:,H .... fAO 2mcunt of A~AITEM 2s SEP 1 199: · __ The node at the NE quadrant of Wilson and Golden Gate Boulevards is approximately 5 acres in size and ler~ted-~ consists of Tract 1, Unit 14, Golden Gate Estates. · __ The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109-112 and the N1/2 of Tract 113. Unit 26. Golden Gate Estates are included in this node as eligible for commercial development. The S1/2 of Tract 113 and the E1/2 of Tract 107. Unit 26 are also included within this node but are only to be used for buffer, water management and open space. ~The development _C~riteria for ~levelopment at the nodes are as follows: rcsidentia! or Ccnditicnal IJses 3~[owed in thc Estates zcnin9 district such ......... ~ ............................... quadrant ~* Gc!d~n Gate Bcu!svard and ·Limited to Iow intensi~ transitional commercial uses that are compatible with both rosidential an0 commercial, Convenience commercial to provide for small s~le shoppin~ and personal nooOs, and · Intermediate commercial to provide for a wider varie~ of goods and se~ices in areas that have a higher degree of automobile traffic. These uses shall bo similar to G-~, G-2, or G-3, zonin~ districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 ). · Future commercial uses are limited to ~ and shall cn!y be ~ ~ the intersection of Pine Ridge Road and *h~ ~mm~ Center ~eeated an CR-~5~. This ~ei~hborhood Center may be at 100% commercial and must provide internal circulation, and any rezoning is encouraged to be in the form of a PUD. This Neighbort ood Center may ~lso be utilized for single family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, child care centers, schools, and group care facilities. · The parcels immediately adjacent to the existing commercial zoning at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for Conditional Use under the transitional use provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than on!y 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; · The project is encouraged to make provisions for shared parking arrangements with adjoining developments; · Access points shall be limited to one per 180 feet commencing from the right-of-way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; · Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible; · Driveways accessing parcels on opposite sides of the roadway shall be in directly-ti~ alignment; · Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation ill which no parking or water management uses are permitted; except that for valid. approved conditional uses. no such buffer is required. _ · Projects shall provide a 25 foot wide Type C buffer, as described in the Land Development Code, between the abutting right-of-way and the off-street parking area; . , ,.v ~. .,~.,~,. ~,,,] ~,v-,~ ~,,~ ~,~,,,.] .v ,~ ~v,,,,,,~,~.~, ~v,.,,~. MAP 9 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, florida C.R. 846 \ C.R, 858 [ GOLDEN GATE BOULEVARD ~iE~ WHITE BLVD. " ~ INTERSTATE - 75 LEGEND ~REPARED BY: ~1~ ~ ~N~C~ ~T ~C~ ~ ~MUNI~ ~MENT ~ ~R~M~TAL ~R~S ~M~ ~ I I R~: ~MP-I~D~ DA~ 10/g7 O t MI 2 MI ~ 1 ~ 1999 ,.--,-,nw'~ Randall Boulevard Commercial Subdistrict - Recognizing the unique development pattern and characteristics of surrounding land uses. the Randall Boulevard Commercial SubDdistrict has been designated on the Golden Gate Area Future Land Use Map. Also Ssee Map 6 10. a) The ~ _C~riteria for the district are as follows: f¥~, ./,~,. Project ~.~][.~.. ~ eEncouraged to be in the form of a PUD~ ~ ~m~r~;~l ,,e~ D~II ~ I;m;f~ f~ ~h~ f~ll~,;n~' !. Autcmobi!~ Sen;ice Station. 2. ~,k .... ~ Beauty 6. Food Markets. 7. Hcrdw3re Stores. ................... ce only. Restaurants ;~' '~;-~ 12. V~t~dnaw C~n~c~ -nc cut~d~ ~nn~ng. · Prc]~ct: ~ha~; prcv~d~ a~dequate burring shall be provided from ra~d~nt~a; ama~ adjacent propedies allowing residential uses. ·Pra~ct~ ~ha;;.,,.,.~ ...... ~,~.,~,~,,~;~;~ ;~-,~, ~hared parking ~ shall be encouraged with adjoining developments. b) Limitation of Uses - Uses shall be limited to the following: Automobile Se~ice Station Barber & Beau~ Shops Child Care Centers ·Convenience Stores Drug Stores ·Food Markets Hardware Store~ Laundries - Sel~ Se~ice Only Post O~ces and Professional O~ces Repair Shops - Radio. ~. Small Appliances and Shoes Restaurants. including fast ~ood restaurants but not drive-in restaurants Shopping C~nter Veterina~ Clinics with no outside kenneling '* .... i 1999 MAP 10 RANDALL BOULEVARD COMMERCIAL DISTRICT Collier County, Florido LEGEND , , . ,~.~,~, NEIGHBORHOOD ~ PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION CENTERS COMMUNITY DEVELOPMENT ANO ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-21.DWC; DATE: 12/96 ' 3 3 Pg- 4) Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates and residential zoning districts within the study area. In order to control the location and spacing of new conditional uses, the following shall apply to requests for conditional uses: /mw/w~._~ Essential Services Conditional Uses whlch ~-'~ d~'~'~c'~ ~ shall be allowed an~h~r~ within the Estate~ Zoning Distr ct and which are defined as: electric or gas generating plants, · e~uent tanks, · major re-pump stations, sewage treatment plants, including percolation ponds, · hospitals and hospices, · water aeration or treatment plants, governmental facilities in residentia~ areas (except for those Permitted Us~s identified in Section 2.6.9 of the Land Development Code). · public water supply acquisition withdrawal, or extraction facilities, ~ public safety sewice facilities, and other similar facilities shall bc a!lowcd provided within the Southern Golden G3tc Estates shall be consistent with Goal Plan. /wn/~y~a ~ Conditional uses (except essential sewices) shall not be permitted: ~ On Golden Gate Parkway within the Estates Designated Area west of Santa Barbara Boulevard, and unless the parcel is directly bounded by conditional uses on ~o (2) or more side yards with no inte~ening rights-of-way8 or wate~ays; nor · On those parcels immediately adjacent to the west side of CR-951 within the Estates Designated Area unless the parcel is directly bounded by conditional uses on ~o (2) or more side yards with no inte~ening rights-of-ways or wate~ays; ,,./~.,~.~,~ Conditional uses shall be limited to Neighborhood Centers subject to the following: · ~The project shall provide adequate buffering from adjacent propedies; and ~Projects shall coordinate access management plans with other projects within the ~ Neighborhood Center nodes to facilitate a sound tra~c movement pattern. v.¢~-/d) In 3dd!tlon, ~onditional uses may be granted in Transitional Areas. The purpose of this provision is to allow ~nditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use be~een non-residential and residential areas. ~ The following criteria shall apply for Transitional Conditional Use requests: - ' · ~ Site shall be directly adjacent to a non-residential use (zoned or develope~E~ I~ 1999 34 · ~-. Site shall be no closer than ¼ road mile from the intersection of a Neighborhood Center; · ~-. Site shall be 2.5 acres or more in size and shall not exceed 5 acres; · ~. ~ Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · ~ Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and · _ Site shall not be ad!acent to parks or open space and recreational uses: · _ Site shall not be ad!acent to Essential Services. except for libraries and museums. · Project shall provide adequate buffering from ad!acent properties allowing resid ential--ar-ea-s uses. ~'~, -, , ,~.w,.~."', ,-' Houc!ng '"'~';"~... ,,v,, ma:,' ,, ,v,.~v~'-"~' "~" '"~..,v fo!!ow!ng: Fam!!y r.~.,~v~,~ Fac!!!ty, ~-~, ~-"' r-~.,.~,v fac~;!t!es occupied ~ .... ~ .... ,~. ~;~/m 3. AGRICULTU~L/RU~L DESIGNATION - SE~LEMENT AREA DISTRICT Se~lement Area District This area consists of Sections 13, 14, 23 and 24, and a potion of 22, Township 48 South, Range 27 East (the former Nodh Golden Gate Subdivision), which was zoned and platted be~een 1967 and 1970. In settlement of a lawsuit pedaining to the permitted uses of this prope~y, this prope~ has been "vested" for the uses specified in that cedain "PUD" by Settlement Zoning granted by the Coun~ as referenced in that ca~ain SE~LEMENT AND ZONING AGREEMENT dated the 27th day of Januaw, 1986. This area is now known as the Orange Tree PUD and the ~pes of uses permitted are described in the PUD Document. By designation in the Gro~h Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the prope~y as an area which is outside of the Urban Designation and which is currently far removed from suppodive se~ices and facilities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justi~ing similar uses on surrounding or adjacent prope~y. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other properly in the County. SEP 1 q 35 AGE. N~A ITEM SEP 1 ~ 1999 Exhibit A-6 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. AGENDA ITEM SEP 1 ~ 1999 p~., GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. OBJECTIVE 1.1: By Auqust 1, 1994, the County will complete cont~n'--'c ';:!th the development and implementation of a comprehensive environmental management and COnservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriatelY, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1,1;1: By Auqust 1, 1989, appoint, and establish operational procedures for r.....~=.....,,.,,,.... ....... .,..,,=*~' --,,.=' ...=.... _~ teChnical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163,3202, F.S., includinq any amendments thereto Auqust 1, 1989 incorporate the goals, obiectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and manaqement standards. Policy 1.1.23: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.3~_: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.45: Avoid unnecessary duplication of effort and continue COordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1 .§_6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. AGENDA ITEM SEP 1 1999 Policy 1.1.6Z: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. Policy 1.1 .:7--8_: 0. ^ ...... * ~ '~ ~'"'~ .... '"*" Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: 0,, , ....... , ~ , n,~,-, ~, .... ;-' '-'""-- Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water- shed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. OBJECTIVE 1.3: "'--"*; .... with By August 1, 1994, complete .......... the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program ~" ;'"'"" .... ,;,.,., ,~.,. 0........, ........ .., '".~ ""!"'~"'"~''""~ '"' '" ~"t"t"' ;"" ,,,.., 'c'~"cw . The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission) and their habitats. Policy 1.3.1: The program will include the following: *,GF_ND~, ITEM 2 SEP 1 999 a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. A process for verifying the existence and boundaries of NRPAs dudnq development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. A review process, integrated into the nOrmal development application review, to ensure that the guidelines and standards are bein.q met and, in thoSe cases Where Environmental Impact Statements are prepared, that the site~specific and cumulative environmental impacts of development are being adequately aSsessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchaseS). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authori _ty Agreements with State and Federal permitting agencies for local regulation =of activities that may alter the bioloqical and physical charaCteristiCS of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy 1.3.2: · -.~':'" ,^,~".2'~.'"+ ~,, ~, ---.-.,nnn ,4....;......,..~....,~, '~'~ ~d .~ ....~..",4"'"* Continue with management guidelines as defined within the County LDC that provide for the manaqement and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: Guided by the Technical Advisory Committee, ~"-~- ..... ^ ...... * ~ ~ nnn ~,qd ~ ~ r)n.~ ............ ~ .......... August ...... , designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. AGENDA ITEM 3 SEP I 1999 GOAL 2: THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1 By January 1, 2000 -I-993, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuarine and wetland systems. Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect wetland and estuary ecosystems; c. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; and f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and h. Non-structural rather than structural methods of surface water management should be considered first in and proposed new works. AGENDA ITEM SEP 1 1999 Policy 2.1.5: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2.1.6: Promote intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands is encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5 By December 31, 1998, identify stormwater manaqement systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: c~,, , ....... ~ ~ ~'~ "" All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2,3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. 5 SEP 1 1999 Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4 ~,, ~.,,,.~ ~, ~r, days!ap "'~'~ Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5 · ~ .... ' ..... * cf an ~ntcrlcccl ........+ Continue to have staff o,, April ~ ~ n~ ;,.~,~..,.. ,~..... ..... ~- ........ u .......... - coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement shall includes the following: a. Insure adequate sites for water dependent uses, b. Preventestuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: _j .............. pursuc .~,, By June 30, 1998, complete a draft agreement with the r',,.,.,.~,.,.,.,,+ ,-~ ,.~,.+, ,.c~ D-.,-,-urccs Florida Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The aqreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2,4.1: At a minimum the County shall notify DNR Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of ,".'at'.:'ra! Rcscurccs Environmental Protection staff to participate in the development of future coastal and watershed manage- merit plans. 6 SEP 1 q 1999 Policy 2.4.3: The County will request the cooperation of the Department of Hct',:rcl Rc,~c',:rcc= Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. OBJECTIVE 2.$: .... "-*'- continue with the ,~ .... '"~'"'""* "~ "" ~,, ^ ...... ,4, .~,~ Th,= County will .....,.. .... implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2.5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL. OBJECTIVE 3.1: ~,,, ~ ....... 4, !929, thc The County shall ' .... ' ..... +cnd implement a well construction compliance program under criteria specified in the Collier County Well Construction Ordinance, which is desiqned to ensure proper construction of wells and promote aquifer protection. Policy 3.1.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. Policy 3.1.2_.3: ,--~""' ,^,~,,"";',, 4,, .~, n~,,,.,,.., ~ ~-,~.,"'""'"* Implement the South Florida Water Management District's well construction standards in a the Collier County Well Construction new eOrdinance that will provide for inspections and penalties if well drillers do not follow these standards. .... A~A I~ I 7 SEP 1 1999 Policy 3.1.3.__4: A ~ committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy 3.1.4.._6: The County will inform Be~j~=~fer+~=~ well contractors and drillers and the public on the necessity for proper well construction and hold.-Hel~ workshops for well drillers on proper techniques for well construction in Collier County. Policy 3.1 ._56: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. OBJECTIVE 3.2: =,, ^ ...... , ~ ~ n~n !dCnt~f'/Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.2.1: n .... ' .... '~ '*'--'I-'~'~I'~ Maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Policy 3.2.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". Policy 3.2.3: Continue to identity and delineate Idc,qt!,~/existing land uses that possess the greatest potential for wellfield contamination. Policy 3.2.4: Continue to establish and apply ~ technically and legally defensible criteria for determining and mapping zones of protection. OBJECTIVE 3.3: ~j=" .~.uguct 4,, ~, n~.,, ~-~,-."'~""* ~" ,..~,'"""' Implement and amend as needed, the Collier County Ground Water Protection Ordinance that includes requlation of land use activities County-wide as well as within wellfield protection zones surroundinq existing identified public water supply wellfields and future public water supply wellfields to protect existing and future potable wellfields. (Refer to Objective 1.2 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.3.1: The Ordinancc wi!! addresse_s both existing and projected future land use and surface activities including, but not limited to: a. Petroleum storage tanks, b. Other identified hazardous materials and wastes of a specified quantity, c. Mineral extraction, d. Industrial and domestic wastes, e. Stormwater. Policy 3.3.2: The Ordinance ';:il! provides for an appropriate level of protection for all of Collier County and includes demonstrated performance standards. Policy 3.3.3: The Ordinance ';;il! addresse._~s the breaching of confining units by improper well construction, rock mining, excavations, blasting and other similar activities. Policy 3.3.4: The County will continue to implement the Ordinance in a manner to minimize duplication of effort between the County and other State agencies. Policy 3.3.5: The County will continue implementinq and refining *'".v ,,,,~,,..,,,..,,,.I'"'"~ .... * end rcfino regulations and permitting review procedures. OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. AGENDA ITEM 9 SEP 1 1999 GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1' ,-,,, , .... ~, ~ nar, cstcbllch .... ~"-";"'"' te eCollect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database trackinq all permitted wells and wells havinq consumptive use permits. Policy 4,1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4.2: The County will promote conservation of its water supply and by Jcr, ucr/!, !99!, April 1, 1998, develop a comprehensive conservation strategy which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. AGENDA I'1~.. SZ? 1 1999 Policy 4.2.6: Ds, r~,-,,,.-.,-,r~k~, '2 4 '~ OOO ,4,..~,/.~l~n ~ ,..~, ,~.f;,-, ;n~t/-~,-,.~,-,,+;,--.,.'~ ~.,,',.-,,-.,,.,'~,.~ ,.~,-~,-I ,.~4~,+ ...J D,,-~r.,-.h H-;,~,..~ ,,-~,...~,-~,,-,.I-;,-.,,-,, ...... + ~...,..¢,..,..~ h,, +~'C SC' '+~' :'"";"" Wctcr ~ ........ + r~;..+.;..+ Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are desiqned for water conservation purposes. GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1). Policy 5.1.5: Monitoring shall be required to determine compliance with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: ,..j ...... , ........... ~. ,. ~., ~ ..... Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. ..................................... ~ ..... ~"~' ........... "J ........ AGENDA ITEM ....... / S .P 1 1999 OBJECTIVE 5.3: o,, ^ ...... * .4 .4~'~ ,~,-*,--,--;,-,- tr-c ..... *;*" On biennial basis, beqinninq in October. 1998, review and refine estimates of types and quantities of existing minable mineral resources in Collier County, based in information collected dUrinq previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection Ncturcl Rc$curcc$ and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. OBJECTIVE 5.4: D,, r~ .... ~'"' ~ ~'~ tThe County shall cc.*c~'"''''" maintain its program to control soil erosion throuqh its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonaqricultural land disturbinq activities. -D,.,,; .... =,...;.~-, r~ ,. ., .. ,-,.-- .. ,- , ..~ r-,.,. ...... *.., D .... ,-.*; .... ,'~ Flcridc n,.,...,~,.....,., ..~ r,c,'~, ,-,,.,,r;,-,, ,H., ,r,'~l I~,..~,-I Al,-4, ,,-I~;,-,,~ Incc ..... *;"" "' ...... ~'~"'; ...... ~' ..........;"* ....*;"' ""*"""" '"' '""'" development ""~"'" Policy 5.4.1: Rely on e,~, r~ .......~:^,~ e,~,~,~ .... '~ '~' '~^ '~ '-~^'~ '~'~'~ ^ §'~cu' .... e,~,~,~,~,~ the USDA Natural Resources Conservation Service to provide the County with appropriate soil conservation guidelines for agriculture. GOAL G: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Objective 6.1: By, ^,,. ~ ,~ ., ,* .4, ..... June 1 ,1998, identify, define, and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection consistent with policies 6.4.6 and 6.4.7 through negotiations between County Staff and development interests as part of the public hearing process. These negotiations are based on provisions in Ccun~/~"~; ......, ,,~ ;~',,~;~ ~" ~ *~ ~-~ Rcmcvc! ~-~; ...... ~-~; ..... ~, ~ ~,, Exctlc Fich Ordlncncc the Collier Coun~ Land Development Code No. 91-102. Policy 6.1.1' 12 SEP 1 q 1999 P~. ~ .=xct!c F!:h Ordlncncc the Collier County Land Development Code No. 91-102. Policy 6.1.1: By Augu:t !, !992 June 1, 1998, inventory, define, and prepare development standards and prepare criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By. ^,~u,~..* 1, !~w June 1 I 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3 By Aug'..'ct !, !992 June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine fiatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy 6.1.5: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6,1 ,?: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this Element will apply. Policy 6.1.8 Incentives should be created which would allow development to continue, but at the same time would also insure that some of the most ecoloqically sensitive habitat and veqetative communities are retained. Policy 6.1.9 In the event that the County adopts an open space recreational system, consideration should be .qiven to incorporating the linkage and protection objectives of the retained habitat. OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3. / 13 SEP 1 1999 Policy 6.2.1: Until such time that Natural Resource Protection programs/plans (Objectives 1.3, 2.5 and 11.6) and development standards for habitat areas (Objective 6.1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. Policy 6.2.3: Altered or disturbed wetlands are considered to be not viable, not naturally functioning, degraded wetland ecosystems. Policy 6.2.4: The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2.6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17), Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. Policy 6.2.8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. Policy 6.2.9: Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental RegulatieR Protection. Policy 6.2.10: Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. SEP 1 1999 14 Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2.12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cjuster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. Objective 6.3: A portion of the viable, naturally functioning transitional zone wetlands.,,,,,,'~"~'""'~,,.,,., ,.,.,~"' ,..,..,.~'"*~ ,?.nd ""-'~'--"' .... "wl ....... I ..... *" shall be preserved in any new non-agricultUral development unless otherwise mitigated through the DER Stoic and the COE permitting process and approved by the County. Policy 6.3.1: The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. Policy 6,3,2: Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or preservation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. Policy 6.3.4: Wetlands shall be delineated according to Section 373.019 Florida Statutes and Section 373.421 Florida Statutes. OBJECTIVE 6.4: A portion of each viable, naturally functioning non-wetland native habitat type shall be preserved or retained as appropriate. Policy 6.4.1: shell bo mcdi,C,'cd Continue to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in ail applicable objectives and policies of this Conservation and Coastal Management Element. Policy 6.4.6: All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different na plant communities exist on site, the development plans will reasonably attempt to preserve ~,c.-~_ examples of all of them if possible. However, this policy shall not be interpreted to allow SEP 1 199, 16 development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4,8: Agriculture shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. OBJECTIVE 6.5: 'IR~ "~"~t"t") : S i.~l,,d; .......... ,4,-~,-~,~.,.. *~....,.*.. tThe County shall continue * '-'-'-; .... '~" to incorporate native vegetation into landscape designs in order to promote the preservation of native plant communities and encourage water conservation through native vegetation. Policy 6.5,1: Priorities for incorporating ,~,o,'~, ,~,cxlct:".. non-invasive native vegetation into landscape design shall be as follows a) The first choice is to keep and enhance existing native habitats on site and intact for incorporation into the landscape design. b) If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c) If this is not practicable, then attempt to use native species to recreate lost native habitat. d) If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote "xeriscape" principles. Policy 6.5.2: Landscape Ordinances will continue to identify specific plant coverage and assemblage requirements. OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. Policy 6.6.1: By, ^,,. u,.., ,* ~,, ~,-,r,r,, ......, Annually identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6.6.2: "',, ^ ...... * ~ ~ ~ Continue to regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. I AGENDA ITEM · . ~- ./,--~,) / Sr'P 1 1999 Policy 6.6.3: Where applicable, guidelines of,....~.~,n""""+"'""*.,, ,.., ,...,"~ Ncturcl ,D"""' ~.-.-,-....~..,~.~ end the.. Department of Environmental ~ Protection for Outstanding Florida Waters and Aquatic Preserves shall be considered to review land development projects in and near sea grass beds. OBJECTIVE 6.7: The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.7.'1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: o., , ...... ,4, ~n~n .~ .... '"" c ..... '~ .... Continue to meet with the appropriate counties te -mcct at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.7.3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8: The County shall protect natural reservations from the impact of surrounding development. Policy 6.8.'1: All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives and policies of this Element shall apply to development near natural reservations. GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1: The County shall continue to improve marine fisheries productivity by building additional reefs. Policy 7.1.1: · ..~"'" J ~,", u~,"/~, , ~, nn'~.... ~ , ,~...., ,.. r-~ .... .~ , ,.~" ~,"~', C ,~I ~,,.. ~'' ';"~ .~,q~ ,~.~.~,.,..,~;*;""~,~, *~'., ,, .... .. ~ ,~,'*~¢'":"~..,,~,.~, ,'""~"~ .. ,~. The County should continue to apply for reef construction grants and annually place more materials on the existinq permitted sites. AGENDA ITE~. SEP 1 1999 Policy 7.1.2: The County will coordinate its activities with the Florida Department ,',f ""-+ .... , D ......... Environmental Protection, the Marine Extension Office and other appropriate agencies. OBJECTIVE 7.2: c;'crcgc..,"~ ~n='~, ..--~ "'., ,,--wu, ," ~n~'~,..~, ~,"~ I ~, ..~..,,.~'"""+~'" Historical data from 1990-1996 shows that the averaqe number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through the mechanisms and criteria contained within this element, the County's objective is to control the number of manatee deaths due to boat related incidents to no more than this seven year average. Policy 7.2.1: Characterize and map designated critical manatee critical habitats and evaluate areas of greatest potential threats. Policy 7.2.2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats, Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). Policy 7.2.4: The County will continue to work with appropriate State and Federal agencies to identify areas where propeller driven boats will be prohibited. OBJECTIVE 7.3: By January 1, 1992, :l:the County shall ~ develop and implement programs for protecting fisheries and other animal wildlife ~"' :""" "~; ........... Policy 7.3.1: By accrediting Natural Resource staff as code enforcement officers, the County shall continue to enforce its existing Sea Turtle Protection Ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests. Policy 7.3.2: l~-effam-a Continue to update the guide for homeowners and builders which explains the need for protecting sea turtles and how this can be accomplished. Policy 7.3.3: c~,, +hO t!~c '~'"'"'~"+'"~ ~"'" *~""' "'~'"'"+;'""' '"~ ,.-,~,~l I,--~ -~,~n,~ : S, ~""" "~; ...... '~'~'""*" thereto, The County will continue to prepare ..................... ~ CRy ................ management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Florida Panther, aP, d wood stork habitat~ ~ nn'~ +~.,-, ~ .... + ..... ;,, ....""'+"' *~'C ....... *;"" "~ ......... + "' ';'~"';""" and for other species of special status. AGENDA ITEM 1 1999 Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7.3.5: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts which will require relocation of burrows. The suitability of alternate sites should be evaluated as to: a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives for the land, and d. costs of relocation. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's ElS review process. Policy 7.3.7: The County shall notify the Florida Game and Fresh Water Fish Commission of the existence of any species with special status that may be discovered as a result of the species survey required in Policy 7.3.6. Policy 7.3.8: ...,., ,,.,,;..., ,...,.,;..., ,...~.,,.,./~.,~;,.,.,.,... ~,~ 3-7, -n.c ='--";'- ......... r-la,., ,",.N;~.,,.,.,. ,-~.,~;~..,.,.,. -7A % Tho ....... ~ ........................... The County will continue to periodically review and revise its existinq codes providing for appropriate prohibitions and restrictions on the commercial possession, use1 and harvesting of undesirable exotic species, Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Florida Panther as "Areas of Environmental Concern" on the County Future Land Use Map. GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. Policy 8.1.1: The County will rely on the Florida Department of Environmental ProtectionS, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental ~ Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By..,.,' ....... ,,~,~, ~ I , ", r, ~.~ .. .. , January 1,2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1 hazardous materials emergency response~.,,~,"'"", element as part of its Comprehensive Emerqency Manaqement Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Title III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication a ..... reacting agencies. 21 SEP 1 4 1999 Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. OBJECTIVE 9.2: ~J°" --.--,-.--,°""'*'"'"'~'"'", ,~..., ......,'~r~ ~, '~'~'",~ "'c.., The County shall verify the manaqement and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per ',/ear. Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields, OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year. Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. OBJECTIVE 9,4,: By September 30, 1989, the County shall establish '"'~-'" "' .... ~" "~'"'" ~"~'"~ .... * "'^ ~"~"*"'-'" a local storage tank compliance program *.v .... ,-, ........'""* ...... ~, ...., ,~'~ -,,..""'~ ~-, ,.~...~"' "~ ....... ..... '... ......, .~,...,,.j'"*" in cl ud Lqg ..... ~, ........ ~n ,., ,.,, Policy 9.4.1: The County shall cntcr into implement provisions of a the contract with the Department of Environmental ~ Protection under the Super Act provisions in order to avoid any duplication of effort. AGENDA SEP I 1999 22 p~. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. The County shall assess the need for secondary containment of storage tank and line systems especially in areas close to potable wellfields. OBJECTIVE 9.5: By August 31, 1989, the '"~'" County shall adopt :"""' Ordinance requlating the use of septic tanks serving industrial and manufaCtUdng activities. Policy 9.5.1: ~ Implement a monitoring program for small quantity generators that dispose hazardous waste into septic tank systems to determine hazardous constituents in the septage and in the ground water. I~.aRIklTRIkl THE I E%lr'l ~'"~r' ¢3~Er~%lli,~l::: ~"rAklr~hor~2 C~U^I I e,,I-- DDO%llr,tEl~ Ikl THE COASTAL AREA AS THE PROPOSED DEVELOPMENT I.N THE FUTURE Thc ' ....' "~ ~""';"" "*""'~""~" f"' *~'".- ..... ;~';~'~' ~'~ ,u;" *~""'-, COaSta! ....... i~--.-,*;¢.,-,~ ;.-, *k,., ~,-,, .... ; .... Lo c! "' o..,.,;,... ,,=,, o,,-,,~,. From -r,. ¢'""'-' ~"" .... ;"" *~'" dctorm!nat!cn "' ~ .... , ~ o.....' .... :,, ;.. ~.,.~,., ,..~--~ ,-~"'"v;'~" .... ,-. .... ,.. , , yoars .......... ~ ..................................... with t!mc ' ....,,...., .... ~ ,-., e,...,;,-,. ,,r~,, ~...-....~..' ......... ;-.,...' e+..,....,.,, Fedora! ^ o .... ,/~ ~h.,,~ ,.,;,,. ..... ~'-*;"~ '~- than B. Urbcnizcd Areas - E * Pc~cy !9.!.2: Count/Potable Water~,o,~,,,~e"~'~ ............... ~ SC;~'Cr ...... ~ .......~ .... ~,,~ ~ .... ~ ~ ...... AGENDA ITEM ~./~/? / 24 SEP 1 ~ 1999 Pg. /~ T~.,~ ·,....-...-,L-. ,,~c I,-,r..,-t'K;ll r~,*, ;";*~' thc Future Land ' '"" r~l--,v,, ,.., ,.~.'" ,~'....,,..'~";" .....'.,;,.,,,...,,,.j ',,,,,~.,.....,,,~,,...*.. ,... ........ ..................... ,.....- ;..~...,-, .... * ..... . ..... .~ .... '" tc scr."'v thc ,."" ......... ..... ~'"' ...... ~ .............................~v ,~ ~, ,~,,. u ,.--, .,,.. prcv',s',cn ..,"* this ,,,,,......,,......,~;"*'"'"* .... * .... .,ha,, be ~"" .... ;"" "'""'~""~" ~" "'"futurc Land ' "^ E!cmcnt: AGENDA ITEM 25 seP 1 ~ 1999 =~ .... * ~"~ thc!r t!mcly ;~' .... *~*; ..... ;" ~ ........ ~ through *~ ~ ............ ~ ....... n ............... pr cots shal! bo~, ....,~,..~,;"+~"+,. with ~.~.~,+~ a'c~, ,'c~C'cc.~ , ~,"'~*~*;~.~.,~, ....,., ..a ~.,~ GOAL ~ 1~: THE COUN~ SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL P~N FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 11.! 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on ~pe of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 11.1.1 10.1.1: Priorities for water-dependent uses shall be: a, Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 1!.!.2 10.1.2: No deep water pods shall be allowed. Policy !1.1.~ 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facili~ c. Residential development 26 SEP 1 1999 I02 Policy--14--.-.-.-.-.-.-.~4 10.1.4: The following priority ranking for siting of shoreline development and the resultant destruction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: a. areas presently developed, b. disturbed uplands, c. disturbed freshwater wetlands, d. disturbed marine wetlands, e. viable, unaltered uplands, fo viable, unaltered freshwater wetlands, g. viable, unaltered marine wetlands. Policy 11.1.5 10.1,5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) Policy ! ! .! .~ 10,1,6: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump-out facilities; b. Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. c. Marina facilities must be accessible to all public services essential to ensure their safe operation. d. Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 1 ! .! .7 10.1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy ~, !.~,,8 10,1,8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate, the economic need and feasibility for such development. Policy ~ 10.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. AGENDA ITEM SEP 1/~ 1999 27 OBJECTIVE I",.2 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and ~"' r, .... """ 3~ ~'~'~'~ '~ .... ~"" "and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy ",",.2,", 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beach front development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy ", ", .2.2 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. Policy ", ", .2.3 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments which provide public access facilities. Policy ~ 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy ", ", .3.5 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 'I, ", .2.6 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE ",",.2 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 11.3.", 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy ", ", .3.2 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. AGE. N~A ITF. N. .~/.~,,-/'~ I SEP I ~ 1999 28 Policy 1!.3.3 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy -1~ 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 11.3.5 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barder vegetation or restoration program. Policy 1 ! .3.~ 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy '~. '~..... '~ '~ 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy ~ 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy ~ 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 'I, ~,.3.'I0 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 11.3.'I~, 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. AGENDA ITEM , / SEP I 1999 29 ~lb Policy 11.3.12 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 11.3.13 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy--1--l~3-.~ 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 11.3,1~ 10.3.15: Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related to coastal barrier systems. OBJECTIVE-I-I~ 10.4: ~ ~,,,a th" r,,-,.,,.,.,~ ,~, o.,....~,, ,~, .... , ,~'~ ~°"""~',, e,,,.,~,,.,. ~A ........ , o~.,,. ;.....~....,...~ .-~.;.....;.,.. 1 ! S) ~. ...... Ddeveloped coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Policy ~ 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy-1-~4~ 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy-l-,%4~ 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy ~ 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy ~ 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy-l-l~,~ 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. AGENDA ITEIV SEP 1 q 1999 30 /!1 Policy~ 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy ~ 10,4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy ~ 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Policy~ 10,4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy ~ 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy ~ 10.4.12: In permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned Policy ~ 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE ~.~..5 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. Policy ~,~, .5.'!, 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. AGENDA ITEM S£P 1 1999 31 Policy '!, 1.5.2 10.5.2: ~ Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy '!'I,.5,3 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy ~ 10.5,4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy '! ~.,5.5 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 'li..E.~ 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy '!. ~..~.7 10.5.7: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy ~ .10.5.8: Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy ~ 10.5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in the 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy '~'~ '= ,~n 10 5 10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy ~. ~ .5.'! '!. 10.5.11: The County will waive all other non-safety related set-back requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. AGENDA ITE~ SEP I zt 1999 Policy ""...v. = "'~.. 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. OBJECTIVE 11.~ 10.6: By August 1, 1990,_t:T-he County shall adopt a w,,.,, ,....,','"*; .... *-'.v ,,, ,,~,..,, ,.., ,.;-'"' .... * *"".,,.. Coastal Barrier and Beach System Management Program..:~"' ..,..,"'-""-"-,...., .';,,"" The program ...... ~ncludes the management, guidelines and performance standards prepared for the undeveloped coastal barriers contained within the coastal barrier and estuarine NRPA (Policy 1.3.2). Policy 1 ..... 10.6.2: The program chcll addresse_s- County resource management policies and procedures for all County jurisdiction beaches, dunes and coastal barriers (both developed and undeveloped). Policy 11.~.3 10.6.3: The program chcll bc is based in part on the beach, dune and coastal barrier data, analyses and management recommendations contained in the County's coastal management program technical reports and the Collier County Beach Management Studies. Policy ~ 10,6.4: The program chef! considers_ the implications of a potential rise in sea level. Policy 11 .~.,F,= 10.6.5: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and qas exploration and drilling along the west coast of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drillinq projects in this sensitive area. GOAL -1-2- 11:THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE ~2.! 11.1: To protect historic and archaeological resources in Collier County. Policy 12.1 .! 11.1.1: ,.~rf;, ,;+;,',,- +k~, ....... ,' ..... .,.,.~,,.,,..,....;....~ ................... ;..,,.......;+;....+;..~. ,. ...... ,, ....... ;,. o,..,.. ,. ,.. ,..., .. ,.,~ ,. Continue in effect requlations reqarding development and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeoloqical resources, or appropriate mitiqation in accordance with State standards. AGENDA ITEM No. /~ / Exhibit A-7 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Comprehensive Planning Section Planning Services Department October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. ~, -- AGENDA ITEM SEP 1 ~ {999 P~. /~-/ TABLE OF CONTENTS Pacle SUMMARY 2 i. OVERVIEW 3 A. PURPOSE 3 B. BASIS 3 C. UNDERLYING CONCEPTS 3-7 Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Use RegulatorY Process Protection of Private Property Rights D. SPECIAL ISSUES 7-9 Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights E. FUTURE LAND USE MAP 9 II. *IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES 11-22 * FUTURE LAND USE DESIGNATIONS DESCRIPTION SECTION 23 Urban Designation 23 Density Rating System 31 Agricultural/Rural Designation 46 Estates Designation 51 Conservation Designation 51 Overlays and Special Features 52 * FUTURE LAND USE MAP SERIES 56 *Future Land Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5.9, 5.10, 5.11) *Natural Resources - Wetlands Support Document: Public Facilities Natural Resources - Waterwells, Cones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils -----~III. SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) , AGENDA ITEM I i SEP 1 1999 SUMMARY The Future Land Use Element includes three major sections: Overview, Implementation Strategy, and Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, underlying concepts and special issues addressed by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use Element. AGENDA ITI:.M / SImP 1 1999 I. OVERVIEW A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for and management of natural resources, public facilities, coastal development, housing and urban design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan. B. BASIS This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas;,..,""'~,,. *hc. ...,.. ..... .,,~ c ""'""* -"~: ...... *,-,--. *--. ,~.-*-.-,~,: ...... -',-,-;~.~ .... :,~....,-'-~1 In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the G;c':~ ,-,-,:: ........ ,-u--,,,--, ,.' Pl~n Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contributions to this Element have been provided by the public through, the Collier County ~, .... ~..'*~'.,, ,.,_, ~ ........ ,_=~,, ,~, ,.* Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, the Collier County Planning Commission, which is the local planning aqency, and other groups and individuals. C. UNDERLYING CONCEPTS The land use strategy established by this Element is based on a series of concepts which emerge from the foundation cited earlier. The policy direction and implementation mechanisms closely relate to these underlying concepts. AGE~A I'1~ SEP 1 4 1999 Protection of Natural Resource Systems Collier County is situated in an unique, sensitive and intensely interactwe physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna; extensive and highly productive estuarine systems; and many miles of sandy beach. These natural resources perform functions which are vital to the health, safety and welfare of the human population of the County, and serve as a powerful magnet to attract and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is management of natural resources on a system-wide basis. The Future land Use Element is designed to protect and manage natural resource systems in several ways. Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations land alteration and construction is guided to the portions of the property more tolerant to development, thus, in effect, an on-site transfer of development rights. Also, a broader Transfer of Development Rights provision exists in the Land Development Regulations. An Area of Cdtical State Concern Overlay is included on the Future Land Use Map to ensure .---- implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. -r.., v .vt' .... ~ ,...,'+...,"~ +~'c.,, The County's Land Development Regulations crc provide standards for protection of groundwater, particularly in close vicinity to public water supply wells as explained in the Natural Groundwater Aquifer Recharge Element. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed management plans will have implications for both water management and land use practices. Finally, natural resources are also protected through close spatial and temporal coordination .of land development with the availability of adequate infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, particularly in relation to water supply, sewage treatment, and management of solid waste. This coordination is accomplished through the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and through the Level of Service Standards found herein. Coordination of Land Use and Public Facilities At the heart of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses "-" through the Future Land Use Map; and temporal coordination through Level of Service Standards. AGENDA ITEM SEP 1 1999 The Level of Service Standards are binding - no final local Development Order may be is.sued which is not consistent with the Concurrency Management System. Binding Level of Service S'{andards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the Standards serve to assure the availability of adequate facilities whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provision of adequate public facilities. It is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are concentrated for the provision of roads, water supply, sewage treatment and water management. Also, facilities and services such as parks, government buildings, schools and emergency services are primarily located within Urban Designated Areas. Outside of the Urban Designated Areas only lower intensity land use is permissible, thus fewer roads and a lower level of water management is provided, and there is no, or very limited, central water and sewer. It is important that the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Management of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt water inundation from tropical storms. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the H'..';;?',.,c,-,c E';cc'~c*Jc.q Elc,,mc.?. Conservation and Coastal Management Element through several measures. A Coastal Management Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal Management Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. A Coastal High Hazard Area is identified in the.-Nur-i=ieaRe E';cc',:ctlc,q Elcmcnt Conservation and Coastal Management Element and policies are provided. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Provision of Adequate and Affordable Housing An emerging issue in Collier County is the availability of adequate and affordable housing for Iow and moderate income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. - AGENDA '1~ I s SEP 1 1999 /2? __ Attainment of Hi,qh Quality Urban Design The report of the Regional/Urban Design Team for the Naples area, dated April 1987, and subsequent recommendations of the PJUDAT Citizen Committee, provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traffic circulation) level and it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to adopt standards for road access,.~- ..... ,.,..,. v, "* "~ *~'" .,,.. Lend ~-----,-..~-, ,, n .... , ....... ,,. , , O '"U""~""' .... '"*"'""" '" '" ~'' """"'" .. ,~....... , '~'"'~ . has been accomplished through the Access Control Policy adopted by Resolution and the Access Manaqement Plans for Mixed Use Activity Centers included in the Land Development Regulations. The Future Land Use Element includes improved Iocational criteria for commercial development. .~Jcc "';" :' .... * ..... ~'~'-" ~"- "' ...... ""' .~.ctlvi~/'"""*"'",,. , ,' "'"" *" '~v . ....· " frcm ........ ~-;'-'-* *'- '--'-'- The Mixed Use Activity Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element commitsted to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to achieve that theme. The City of Naples and Collier County crc have cooperath=~9___d on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscapinq treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include buildinq desiqn, parking lot orientation, pedestrian access, vehicular movement, landscaping and lightinq. These standards will provide for quality development that is responsive to the Community's character. Improved Efficiency and Effectiveness in the Land Use Regulatory Process Attention has been devoted to improving the land use regulatory process through straightforward requirements and procedures. This has led to the style and structure of this Plan; accm""*m.."'f.,, ~, ,. to mer-~3Riz, e reorganization of the Ccu,-,~/'.c. development review process; and *~' ..... k ,~, ,,, "c "~""' *" .... :'~ ~" Lcnd Dcvc~cpmcnt c, .... '"';""~ ~"'" ~;~'~'~ ~'~' the compilation of all Land Development Requlations into a single, unified Land Development Code. Protection of Private Property Rights Important to every facet of this Element is maintenance of a careful balance between private '-"-. property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; f~~A iTEM ~ based on the health, safety and welfare of the public; and that due process is provided. Of I ~: "~,~) ' particular importance is the issue of vested rights which is addressed later in this Overview. ! ~e.~/~. / / 1 1999 ,,g._ D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planning It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of thc ~.... .... ----'*~'.,, ,-,,~," ........ ,~.u--,, ,-, ,.* Pfc= Urban Area Buildout Study it became clear that an incongruity existsed in that under the ~ 1989 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 317,000,275,000 dwelling units (einclusive_ of the City of Naples) which ...... ......,."~ *""._,.~ ....., ,.,,*"' +~',,,.. ...... j...., -vv°n=O tc build out. ~'.... ...... ~ .................. j ...... ~.,~.., ...... a population of 458,000, with buildout occurrinq between 2019 and 2046, depending on the growth rate of the County: Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build-out time horizon of 2105. T,h!= ~= These buildout time frames are contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a ..,"~ ,k'""'""~.,.~.,...,/2020 financially feasible plan exists for the County. The 2020 plan is designed to accommodate approximately 246,500 dwellinq units and a population of 393,100 (inclusive of the City of Naples). As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developableed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water .management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, "'*~' .... ~' ....... ~,, the County has provided utility systems which are substantial and expanding, a. '" ......... * '"~ .... ~'"""'~"" ~" ""'~ ..... I'""'~ '";*""' '* "'";'"' "'~ ......... ;¢'""*~"'"".. Thus the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: An internally inconsistent Plan; Failure to reserve adequate right-of-way at time of zoning; Condemnation of land after zoning or after development in order to obtain adequate dght of way; Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and Progressive Iowedng of Level of Service Standards. The Grc::'th,.,"an,_u~,,,~.,.* Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning '"'"""~' ~'-'="""",,,v, .... _,.,,"*~- °~'~.,, *""'^~ ..... ~ *~-~ =. ,* .... ' ""'~ ' '"'" ~'"" The Urban Area Buildout Study was prepared to assist in the development of a long ranqe "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential qrowth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to moderate maximum permissible densities in areas subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activ Centers are provided cwcy ...... ~ ........ to include a mixture of uses which has the potential to lessen the impact on the transportation system.....Fourth, the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoninq with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transportation Plan which forecasts future land use based on existing development, potential development and population projections. The land use forecasts are the basis for projected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. S~,",cc thc 20! 5 ....... ~ ...... The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, ....... which represents buildout of the Urban Area, have not met with public acceptance. Therefore, the strategy discussed above is promoted,v.--, ~:" which include: extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development opportunities which serve to modify the overall traffic circulation pattem; and re-evaluate existing zoning.-) Level of Service Standards Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element ... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project-Specific Regulatory Requirement; Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); -"-- Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and · Roads - Project-Specific Capacity Test. ~A ITEM 8 SEP 1 1999 It is recog, ,ized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the "funding" Level of Service Standard. However, if there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to fall below its "funding" standard (which is the same as the County's "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: A moratorium may be imposed but may not be sustainable if there is no commitment to improve the road by a definite and reasonable time; The County may improve the road; The private sector may improve the road; or The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. Vested Riqhts The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to transportation planning time frames and right-of-way needs; and with regard to approved but unbuilt commercial zoning :" l~htv,"~ '~'~.,,~ "'vv,, ...... ,,,~, ~,.,;"' .~,,~ ""d 'v'""~ e,, ,.~ ..... ..,";-'~' ~. .... ~,,'" ,~..., ,-,~ ,~, ....... ;,.,...,..,,, ,~r~n ...... ~ ....... ~... ...... .~ ~.....~ 3.. ,~... r. .... ~. .... ~ ~no~ ....I,, ,~oz LC '~ .... ~"""'~ {C 1 C 5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed. This Grc':.'th,.,.~, "" ........ ,,~u,.,,,..,,.* Comprehensive Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning. Within three years after Plan was adopted, all zoning will be was reviewed. If it is was determined to be inappropriate and is not vested, the zoning ';:i!l 5c was adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the fifth anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses are permitted based upon specific standards as described in the Desiqnation Description Section of this ElemenL These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, commuhity, and public facilities. '"'" The Future Land Use Map series includes si-x-additional map series: Future Land Use Map - Mixed Use Activity Centers Interchange Activity Centers Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11 ) Future Land Use Map - Natural Resources: Wetlands; The followinq Future Land Use Maps are located in the Support Document: Future Land Use Map - Public Facilities, which shows existinq and planned public facilities; Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); Future Land Use Map - Natural Resources: Soils. T~I;+I.., +{-,~ · ,-,,~ ^,.,+'.,,;+,, ~,'~,-.,-,+^,. I~{{,-,,-,,., .......,, ~×~.~,'3,~:C.:3, .......... ~ ......... ,. ~. ........ . ,~,~ ~'.?., ,............'"""+"'~ .."+ +~'".,,....,,..""'~ .., ''~ +~'"'., ,... ' ""'~ ' '"- '-' .... + ActMty '"""'"' m~c ~'" "'""*"'~ '";+"~" +~'" =' .... AGENDA ITEM 1 q 1999 10 otl, II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL -1-: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Frinqe Subdistrict 4. Business Park h:~as~ ',,,'-"~'~-,,,,., "'-~'~-~..,, ,,,., ,,, Subdistdct 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional Neighborhood Subdistrict 8. Goodlette/Pine Ridge Commercial Infill Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Business Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict Policy 1,2: The AGRICULTU~RU~L Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRIGULTU~URU~L- MIXED U~E DISTRICT 1. Rural Commercial U~dcr Cdtcd3 Subdistrict B. RU~L - INDUSTRIAL DISTRICT C. RU~L - SE~LEMENT AR~ DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include a Future Land Use DistrictE and Subdis~c~ for: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Ovedays and Special Features shall include: A. Area of Criti~l State Con~rn Overlay B. Areas of Environmental Con~rn Overlay C. Airpod Noise Area Oveday AGENDA ITEk SEP 1 19[ 12 OBJECTIVE 2: In crdcr tc Ch=UtC thc The coordination of land uses with the ava,,ability of public facilities; shall be accomplished through the use-el-the ~'"" .... ~,-,- ~*-,,-,~-,-,~-,~.. . ~ ~,-~ ~-,,,,~ ,~ .... ' ..... * "~"",~ ~'" rcqu' cd ~,~-" ,~.,,.~..,, ,~ ~ ~. ccntwncd ;" o.._f the Capital Improvements_ Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. A,.~ Policy 2.1: · ::~',.:'m=. The County shall prepare annually the Annual Update and Inventory Report {AUIR} on Public Facilities which shall include a determination of the existinq conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identiht needed improvements and fundinq to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. · Policy 2.2: · '*~"'~',"~" ' .... '~ in *~'c Ccp!tW ' .......... * ~'' .... * Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of si,qnificant influence for roads, add proiects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. Policy 2.3: s~""'~""~" ' .... '~ ;n *~'" Ccp!tW ' .......... * =' .... * Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. ............"~¢'"~" by *~'c e~ndcrd.c "n, ...,..,. ........ ~. ...................... thc r,,.,,~,..,, , .......... , :, "'""'~"'"" "" *"" Cop!to! ' .......... 'Elcmcnt SS_P 1 1999 13 PS.~ OBJECTIVE 3: ........ ~ ............................. .... ;C,.,CU ,~, ,.,,., ............ ,~ .......... ~nd Dovolopmont ~oflulations havo boon adoptod to implomont this Gro~h Manaqom~nt pu~uant to Ghaptor ~ ~3.3202, F.S. in order to onsum protoction of natural and historic ~ availabiH~ of land for utili~ facilitios, promoto ~mpatiblo land usos within tho airpo~ noise zone, and to pro~d, for mana~omont of ~ro~h in an offidont and o~ective marmot. ~* kand Dov~lopmont ~o~ulations havo boon adoptod into tho kand D~volopmont Godo that mn~in provisions to imploment t~s the Gro~h Mana~omont ~lan through th~ dovolopmont pm~ss and include the following provisions: and which ct c ~;n;~um ~ The Collier Coun~ Subdivision Code shall provide for procedures and standards for the ordeflg developmont and subdivision of foal ostato in ordor to onsum propor lo~al description, identifi~tion, documentation and mcordinq of foal estate boundados and adequate infrastructure for dovolopment. Environmontall~ sonsitive lands shall be protectod and opon space providod through tho roquimd dodimtion of usoable opon spaco, proso~ation of 25% of the naturaH~ occurring, nativo voqetation and romoval of ~xotic speciosi and through an onvironmental impact statomont which shall provido for a protoetod specios and ha~i~t idonfifimtion. c. ~ .... '~* ......... ~;~* * ........ ' ~"~,, ~';~;~ ~;, - .... ,,~ prcv[dc fcr dDrainage and stormwater management, shall be regulated by ~h~ ~;~ :~c" ~ ....... · ".... ..... ~=.". ~.~*;.... .... ..~" implementation~,~.~. ...... ~..~ *~.~ of the SoUth Florida Water ~ana~oment ~istrict SuVaco Water Management m~ulations. d. ~rot~et po~ water wollfiolds and aquifor roehar~ areas. This shall bo acmmplishod thmuqh tho croation and implomon~tion of a wollfiold pmtoction ord~nan~, lh~ ordinaneo shah os~Bli~h ~nos of influon~ based on qroundwater ~vol ~m~s~ rostdct land us~s and activitios within ~e mnos of influen~ and ostablish dovOlOpmont standards for thoso activities bo~onO the COHOS of influon~ which mag Ondan~er tho Wollfiolds and aquffor mehar~ areas based On their potential for SEP 1 q 1999 e. Regulate signage through_ the ~ Sign Ordinan~ ~,"~',.,, ~ ~ .... .~...~..~*~ Ac ' ' tha ~'~ ...... ~" .... ~ *he which shall provide for fron~ge requirements for signs,~,,~,.~,~"~;~' ~,,~-.,,,u~" .... ;"~ shared signs for smaller prope~ies, ~,,,,~"~ definitions to"m: '";*~;" *~ ~'~; ..... *~ ~'~';~' ;*~ ;n*cn* and establishment of an amo~ization schedule for non-mnforming signs. f. ~ lhe safo and convoniont on-site traffic flow and vehido pa~in~ hOOds shall be ~..,,~"+~ the site plann~n; -,~"~,~ desion standards ,,~-~',~,.~,,'~-~',~. as well as site development plan roquiroments which include: accoss roquimmonts from roadways, park~n~ lot dosi~n and odontation, li~htin~ ..........u bu~l&n~ design and matodals, '~*~ , ~ ...................... ..~, ~ ......... ~ cc~'c. .,,. landsm~,ng and bufforing cdteria. ,,,,,,.~,,~v, .... ~,~-~, ,~. .... ,U ~ , ~.~,~,.,~,,.,,~ ~.,,~ ~ Ensuro the availabili~ of suitable land for utili~ facilities ne~ssa~ to suppod proposed development by For ~';"~*~' ....... ;~*~;';*;~-,.. +~;~ ~" ~ ....... ';~ ......... ~ .............. Dcntifi~ticn "~ ~"~*;"" ~' "" ' ";';*; ..... ~;~ '";" ..... *~".~ a .... ~ ..... tnrovidin r ...................................... ~ ........ a Public Use Zoning District for the Iomtion of public facilities and other Essential 8e~i~s. 4~. The ~rotection of histod~lly si~nifi~nt prope~ies. T~s shall bo ac~mplished, in pad, through tho adoption of tho Histori~rchaooloqi~l ~roso~ation ~qulations which .... ~"' *~ *~ ~:"*;"~ ~;~ ~'~;.., ..... ~ .......... ~*;~"~ u;-fnri~ --~ A.~h~I~.;~I ~ ........... ~"+" "~"" include the creation of Histori~Archaeol~i~l Prese~ation Board; provides for the identifimtion of mapped areas of Histod~rchaoolo~iml pro~a~ili~; roquiros a su~og and assessmont of dis~vered sitosl and provides a process for designation of sitos, structures, buildings and propedies, prcvic~cnc '-'~;~ rcqu!rc ;~--*;~';-- -~ ~-~ ~;*;--*;~- *~- ~ncwn / 1 q 1999 15 The..,,.,~-...~A;*;""*" mitiqation of incompatible land uses; with the area designated as the Naples Airport Noise Zone rcccMng ¢'-~',,, ... ,.,'--"---"'-',.., ,.: _v,?""",... This shall be accomplished through~....~,~.,~,"'~""*"~'", "*~, regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Mal~. · ^'"" recordinq the legal descriptions of the noise contours ~4 in the property records of the Thc ~'....,, ,--, ~'; .... v,~*~'" ,".~3p~cc .^ ;'""'~ .,, ~...,. "'";"~ '~ .... ""' ~'" "'"'~,, ~ ..... ""*""* '";"' *"" ~ · c~'~"'"'....~, .., P.':~at~cn . ^',...,'*"c'~;,,, . .........,,.., ,'-"*"k'"" ~" "'"~"'"'"'" ..... and throuqh an inter-local aqreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Aviation ^dministration. I11%1~ ~,.~,. j. No development orders shall be issued which are inconsistent with the Growth (IX) Management Plan, ~""""'* {"' "'"'""'~ .... '~ .... ' .....* ,A~hnrc~ ,*,,*,*,1,-,,-,*, a Compatibility Exception or Exemption has been granted or where a positive Determination of Vested Rights has been made pursuant to the Zoning Reevaluation Proqram A--'an~n~ ...... "'~" .......... ~'~" "" "'~""*~'~ "~ a ,.- ..., ,.,,, ~, ,,..,.. .... ,w,e,.,' ,,',~r~f,~ ,",,'; ..'~n,,,, ('~f%m~,-,~.;k;I;k, ~'v,.'~,'~(';,'~,"~ ,.,,, ,,..,, ,,-,,..,f 4..,~ C~,.~wvl-;,-,,-, 4 J::Z'~ "J 4 0"% ~'1,-,,,..;,.4,,-, chc" be .... t u~cn ............ u .......... ^f ,~11 f;rr,~ ,~r,--~,~,~, ,-.1~,.~11 Ix,-,. ,-~,-m;~,~,-~,-I ,-,m,,~' ; m, ,m I~,-~,-,~R,-,;,~I , a~,,-~ ~,, tl~;,-,,-,~ f,..,, .I.1,~,..~ ..................... ~ ....................... ~. ........ ~ .... ~, ...... Ccmm!cc!cncrc. SEP l Zt 1999 ~ In c;dcr .... ;'"~" ........... *-'""' ' · "' on"'.'.",., ........~ .... r- ............. irnr, r,-,----.-,,-~-,*.- ,-,-,,-,.-,,-,;h, ,.,h,~ll ,..~p,..,,;,4,.~ g,*.r ~'h.*. Policy $.2: As padv,"* *~',.,~ ........ ~.,..v~.... "*'.~ *,~, ,, , .. , .. ...' " '" '"".,,.. The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91-102). Tt. he development review process ..,"""', ~. . ~.~'"~ has boon evaluated and improved gy *"~'.,~ ~;..,,.. ..... ,,,~., ,..~..~'~'*~'~ *"', .~ . "'".~ .~ ~.~..v,"~"""'"~, .~,"* ~.~.,' """,.. I-' ......... *~' ~'~'"' to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through-a streamlining el-procedures. ...... ^'"" an OBJECTIVE 4: In order to improve coordination of land uses with natural and histodc resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Secret Master Plan for Golden Gate Estates sgal! has been developed and was incorporated into this Growth Management Plan.,~,"". ^. .. ~ ,. ., ,' in February, 1991 . The Scctcr- Master Plan s~a~ addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: ^ detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in February, 1991. lhe Master Plan addresses Natural Resources, Future Land Use, Public Facilities, Housinq, Urban Design, Land Development Regulations and other considerations. Maior purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the communitg's character. AGENDA I'1, SEP 1 1999 1'7 Policy 4.3: A detailed Master Plan for Marco Island has been developed and was incorporated into this Growth Management Plan in January, 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4~ 4: Corridor Management Plans c. hc~ have been developed by Collier County in conjunction with the City of Naples. ""'~; ........ +"'~ ;"*" *~'~" ~- .... '"' ~ ........ *Plcn ~"' ^ ...... , ,r~n, The Plans cbc!! identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans shc~ have bee__Qn completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard..*. ,mcjcr ~,..,~. ................. ~. ............. ,~'"---:--',*; ...... '~' '"*~'--' --~ ..... ; ..... ~"*""* '";"' *~' ......."*' .... ~' .... *"- Future Corridor Manaqement Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly,, with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion, ,,w Policy 4~ 5: An Industrial Land Use Study chc!l has been developed and a summary incorporated into the support document of this Growth Management Plan. ~"' *~'~- '" r-,;,,;..;...._,. ,.~,-,, ~.,,..~ --~'.~,, ,-'~,~""+"'"'~'"' ~,~_.oc,-~ The study ., ,_,,"~'"" includes_ a detailed inventory of industrial uses, projections of demand for industrial land. and recommendations for future land use allocations and .... ~ '-' '." ......... I'.' ...... :'~' .... '-"'"'-" ....... "'..._.., ..... ,..,,;' "~.., ~'""""'....,,,.., '"_...., .... ,.~"'. Upon completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. ,,,. ~.q) ,v,. Policy 4.4 6: Acc, ess Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map chc!l have been developed and incorporated into the Collier County Land ..~,. ................................ ~...., ..... The intent of thecc Access Management Plans racy bc is defined..~,~,, .,......, ......, ,,.,,..,';" ~'"'~,.... '....,,'";"",~, the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the.operation of interchanges and intersections. d. Lots, parcels, and subdivisions which are created shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access AGENDA ITEM easements, as necessary and appropriate, in order to ensure that the No. _~,~ above-mentioned standards (a. - c.) are complied with. SEPt 1999 Policy 4.7: Redevelopment Plans for existinq commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Proqram, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; . b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.~.~8: Maintain and update~_on an annual basis~the following demographic and land use information: ~ee_xisting permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. ' Policy 5.1: All rezonings must be consistent with this Growth Management Plan. (.P4=l{~ Property zoned.~.~,,......'~ prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and desiqnated on the Future Land Use Map series as Properties Consistent by Policy. Zoninq changes will be permitted tc ,'-"~'" "" _ , ............ ~.,., to these properties, and to other, properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5 11 ~' 'D ~""" "~""' ~ .... *" * .... '~ ..... *., ~ ..~,' '~'"~,-,. ...... ~'~ ..... ..*"....""'~ ""'~'"~ are not increased Chcngc~, * .... "'~""*;"' -'""""" '~;"*'~"* .... ~';"~' .... *;*"*" c '"'"'"'*;"" "" '~"";*' .... "'* '"'"" ~'" Policy 5.2: All proposed development shall be reviewed for consistencyw,,,~,,,.,,'; .... ,.,.. with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners ~,, ...... ,.....,, ,~..,.,..,..,*;~'~'- shall not be permitted. SEP 1 1999 Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future Land Use Map. and by requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary. Policy 5.4: New developments shall be compatible with.and complementary to.the surrounding land uses. subject to meeting the compatibility criteda of the Land Development Code (Ordinance 91-102, adopted October 30, 1991, as amended. Policy 5.5: Encourage the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Policy 5.6: Permit the use of cjuster housing, Planned Unit Development techniques, and other innovative approaches~ in order to conserve open space and environmentally sensitive areas. Continue to review and a Amend the zoning and subdivision regulations as necessary to allow innovative land development techniques. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. ~n.~!) Policy 5.8: Group Housing. which may include the following: Family Care Facility, Group Care Facility, Care Units,.^'~'.....,. ''+ "'....., ....... ,=,..u,~...*" Assisted Living Facility.and Nursing Homes, shall be permitted within the Urban Designated Area subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991) and consistent with the Iocational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities.which are residential facilities occupied by not more than six (6) persons~ shall be permitted in residential areas. /,~n~.., Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined ......., ..... ~,...., .... ,.'~ *"... ~',, crc .... ..... ~,..a,....-'~'"'"'~, ,,,' ,u ,';'~+".u,, ... through the Zoning Re -evaluation Program described in Policy 3.1K.shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. "~.,z/~''~ - .. Policy 5.10: Properties for which-C--e_xemptions based on vested rights, dedications ,or compatibility determinations,,and compatibility exceptions thct crc have been granted.as provided for in the Zoning Re-evaluation Program established pursuant to Policy 3.1K~_and identified "- .~.p~...~d~× I on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consiste-~ with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this c. cct~cn (policy-)-shall exempt any development from having to co~ ~ply ~il:)A ]TF.M any provision of the Growth Management Plan other than the zoning reevaluation prograrr N~ 20 SEP 1 1999 - I%!1% D.NI;..,.. ~ 4 4~ ......... * *'~ Po!icy 3 q v ~,~ ~ ..... ;~.~ .... ;~*~+ "'"~ *~ Futura ' a"~ Ucc ='c~c-* ~ ~,,~,,~ I ~ I I~ ~ ; ~ ~ ' ..~ ~-~. ,,,;~ ~dd~t~n *~,~ .~.~'~*~. *~,,,~ ~'; ...... ,,,~ ,,;* ;~ ~ ' ........ Policy 5.11: Propedies determined to ~mply with the former Commorcial Under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These propedies are identified on the Future Land Use Map Series as Propedies Consistent by Polic~. These propedies are not subject to the buildinq ~or area or tra~c impact limitations contained in this former provision. Policy 5.12 Propedies rezoned under the former Industrial Under Crite~a, or with the provision contained in the fo~or H~an-lndustdal District which allowed expansion of industrial uses adlacent to lands dosi~natod or zonod Industdal provision as adopted in Ordinance 8~-05 in Oanua~, d~emed mnsistont with the Futuro kand Hse filement, lhese propo~ies aro identified on the Future kand ~so Map Serios as ~rope~ies Consistent bg ~olic~. Hcmc P, dminlctrctlcn. ACIEN~A'I t,..,d · SEP 1 1999 Pg AGENDA ITEM SEP 1 ~ 1999 FUTURE LAN['I USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or io_n special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity which have or are projected to receive, future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Desiqnated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. ;.~.~1, ,~l;r~.-. ~1~.~ .~1;~.;.~. ~. ~.;~;~ ~r;~.;.~%..~1~;1~1 ~.~.~ ~..~.~-. ~rnr~, ,.~;~, ~-;I;~;~- ~, ,~.1~ .~- ~.1~, .......... ~ ...... C..,..., ,....~., ..... ,- ~...... ... C ....... .. ,~.... ,..,. ~.. CR-, ..., ,~., .~, ,..., ,.. USC .....,'~'""";"""*, ,,,, , . .... ;,. ,~,,.,~.',..,,......,,.., ...i.,,,.,~ racy "'"'" ~' ..... ;.,.,~ ..... ;,~,.,~ ,~. ...... I.....,~..,~,.,,.. ,.,. ,,,p~.;,. ~.z ,-..;,,. o[ Urban Desiqnated Areas will accommodate the followinq uses: a. Residential uses includinq sinqle family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts and Subdistricts that follow. AGENDA ITEM / SEP 1 ~, 1999 ... b. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Obiective 11.1 and subsequent policies, and the Manatee Protection Plan contained in the Land Development Code); 4. Child care centers; 5. Community facilities such as churches, group housinq uses, cemeteries, and schools; 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth mining, oil, extraction, and related processing; 9. Aqriculture; 10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or roadway connection to the arterial road, with no access points from intervening properties; (c) The use will be compatible with surrounding land uses. 11. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use is medical related and located within ¼ mile of existinq or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as1 but not limited to, North Collier Hospital. The distance shall be measured from the nearest ---- point of the tract that the hospital is located on or approved for, to the proiect boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urqent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoninq approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short- term leased facility due to the potential for relocation. 12. Commercial uses subject to cdteria identified in the Urban - Mixed Use District, PUD, PUD Neighborhood Villaqe Center Subdistdct, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchanqe Activity Center Subdistfict. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturinq, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. 14. Industrial uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans. 16. Business park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. AGENDA ITEJVl SEP 1 1999 A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended t,., accommodate a variety of residential '"'~'~ ..... :r,,-I, ,~;.-.- .-;.-.-'.- ~-..-..;',, multi ~""";"' '~, ,,.~ .... ~';'" ~'"mc,.,""'~,.. ,~';v"~, ,,............ .... (P!cnncd ' '";*v, .., ~-~,~r-',r~ .... ~ .......~..,,*~ ---~nrl non-residential land uses, includinq_ mixed use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouragin,q coordinated mixed-use sites of Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surroundinq land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 11.1.4), the following land use criteria shall be used for priodtizinq the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damaqe to viable, naturally functioninq wetlands, or other environmentally sensitive features, could be minimized. Port of the Islands is a unique development which is located within the Urban Desiqnated Area, but is also totally within the Biq Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existinq Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. (IV),1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. .......... '~ '";";" +" ..... +"', , """;"" cf thio "' ,~..~;.,.;.+ This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined throuqh the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Riqhts Section of the Land Development Code. AGENDA ITEM / SEP 1 1999 .../+2 ~=~' ..................... ~ ...... ~ ..... ~, ...... ~, · ................ and restaurants. ........... ~, ............... ,~ ........................ ~.. ~., .......... '"'~,~, $0"' '~ ................... ~.2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south Of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 'dwelling units per acre, except as allowed in the Density Ratinq System to exceed 4 units per acre throu.qh provision of Affordable Housinq and Transfer of Development Rights. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, sitinq cdteria and specific standards for land use districts on Marco Island. · 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to the following conditions:_, and are not subiect to the Density Rating System: a. All rezones m',.:st are encouraqed to be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. AGEJ~A ITEM 26 SEP 1 ~ 1999 Pl. 4. PUD Neighborhood Villaqe Center Subdistrict The purpose of this subdistrict is to allow for small scale retail, offices, and service facilities serve the daily needs of the residents of a PUD. The acreage eliqible for Neiqhborhood Village Center desiqnation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres. The Neiqhborhood Villaqe Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasinq of construction of the Neighborhood Village Center shall be controlled so that it occum concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within one (1) year to provide standards and principles requlating access, location or integration within the PUD of the Villaqe Center, allowed uses, and square footage and/or acreaqe thresholds. 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with Iow structural density where buildinq coverage ranqes between 25% to 45% and where landscaped areas provide for bufferinq and enioyment by the employees and patrons of the park. Business Parks shall be allowed as a subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the qeneral uses allowed within each District, the specific uses set forth below, and shall comply with the following qeneral conditions: a Business Parks shall be permitted to include up to 30% of the total acreaqe for non- industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. The percentaqe and mix of each category of use shall be determined at the time of zoninq in accordance with the criteria specified in the Land Development Code. b Access to artedal road systems shall be in accordance with the Collier County Access Manaqement Policy and consistent with Obiective 7 and Policy 7.1 of the Traffic, Circulation Sub-Element. c Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses which serve the employees of businesses within the Park or are related to the products, qoods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoninq District shall be permitted provided that the total industrial acreaqe is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to liqht industry such as light manufactudnq, processing, and packaging in fully enclosed buildinqs; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoninq Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Indu,. Uses shall also be required to meet the standards as stated under the Interstate Ac N~../.-~)) ivity AGENOA I'1~1~ Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual buildinq pa~ :els 5EP 1 1999 .g. and general standards for buffering1 landscaping, open space1 sianage, lighting, screening of outdoor storage, parkinq and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Traffic Circulation Sub- .Element. Business Parks are encouraged to utilize PUD zoning. i The maximum additional acreage eli.qible to be utilized for a Business Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. 6. Office and In-fill Commercial Subdistrict The intent of this Subdistrict is to allow Iow intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts iow traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-1 through C-5 zoning districts and commercial components of PUDs. a. The subject site abuts a road classified as an arterial or collector as identified on the Five Year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element. ~.---- b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; c. The site abuts commercial zoning: (i) on one side and non-commercial zoning on the other side; or, (ii)on both sides; d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); e. Project uses are limited to office or Iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; f. The parcel in question was not created to take advantage of this provision and was created pdor to the adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of developmeht, the project will be served by central public water and sewer:; and h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand. j. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Urban-Mixed Use District is 250 acres. 7. Traditional Neighborhood Design The purpose of this provision is to encourage the development of Traditional Neighborhood ~-" Design (TND) proiects. TNDs are typically human-scale, pedestrian-oriented, interconnected residential neighborhood proiects that are centered around a villaqe green with a mix of commercial uses includinq retail, office and civic amenities that complerr ~,nt , each other. Residential uses are often located above retail uses. A .qrid pattern is th( basis~GEt~A for the transportation network. The main street component of the TND is appropriatel SEP 1 1999 integrated in the TND and sized in proportion to the scale of the project with a maximum of 15 acres of commercial permitted. Standards shall be developed in the Land Development Code which will requlate access, permitted uses, square footage and/or acreaqe thresholds, lot frontage dimensions, street widths, setbacks, and other standards that are inteqral to the TND concept. 8. GoodlettelPine Rid,cie Commercial Infill Subdistrict This subdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial roadways, Pine Ridge Road and Goodlette-Frank Road. In addition to uses allowed in the Plan, the intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a traffic signalized access point on Goodlette-Frank Road, which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within this district will be limited to single-story retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three-story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/-23 acres. No individual retail tenant may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District, the .87+/- acre wetland area located on the northeastern portion of the site will be preserved. SEP 1 MAP 5 A GOODLETTEIPINE RIDGE COMMERCIAL INFILL SUBDISTRICT PINE RIDGE ROAD (C.R. 896) PINE RIDGE ROAD (C.R. 896) ,,,,,, i INDICATEO BOUNDARY OF GOOD~TTE~INE RIDGE COMMERCIAL IHFI~L 8UBDISTRICT DENSITY RATING SYSTEM This Density Ratinq System is only applicable to areas desiqnated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Ratinq System is applicable to the Urban Coastal Fringe Subdistdct to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Riqhts. This Density Ratinq System only applies to residential dwellinq units. Within the applicable Urban Designated Areas, a base density of 4 residential dwellinq units per qross acre is permitted, thouqh not an entitlement. This base level of density may be adjusted dependinq upon the characteristics of the prdect. a. Density Bonuses Consistency with the followinq characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surroundinq properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoning If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchanqe Activity Center, or which is not consistent with ...~..m..,~ ~.:,; .... ;m....~ ~.. ......... .....,,., ,.., v,_,~"~ ,.,":-'~,~ ..... .... the Neiqhborhood Village Center Subdistrict,, a bonus of up to 16 dwelling units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses. 2. ,-,....v~....~.~. '"~......~^"~'"'~" ~"""~""......... Proximity to Mixed Use Activity Center or Interchancje Activity Center ,racy ~c c~ed: . . . =cro If the proiect is within one mile of a Mixed Use Activity Center or Interchanqe Activity Center and located within a residential density band, 3 residential units per qross acre may be added. The density band around a Mixed Use Activity Center or Interchanqe Activity AGENDA ITEM SEP 1 1999 Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreaqe of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Conqestion Area. ~'~ Affordable Housing ^~,..,~..~.,,. u .... ~,.,. r~....,..',,, o..,.'..,. ~,,,.,..... F' U= ' To encourage the provision of affordable housing within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991 ). In the Urban Coastal Fringe Subdistdct, Affordable Housing projects must provide appropriate mitigation consistent with Policy 13.1.2 of the Conservation and Coastal Management Element. 4. Residential In-fill To encouraqe residential in-fill in areas with ex sting development, ;3 residel~tial dwellinq units per gross acre may be added if the following criteria are met: The proiect is 10 acres or less in size; (b)At time of development, the proiect will be served by central public water and sewer; (c)The proiect is compatible with surroundinq land uses; The property in question has no common site development plan with adiacent DroDertv; There is no common ownership with any adjacent parcels; and The parcel in question was not created to take advantage of the in-fill residential density bonus and was created pdor to the adoption of this provision in the Growth Management Plan on ,January 10, 1989. 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the-GJ~ Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Conqestion Area. 6. Transfer of Development Riflhts To encouraqe preservation/conservation of natural resources, density transfers are permitted within that portion of the Urban desiqnated area subject to this Density Rating System. However, density shall not be transferred into the Coastal Manaqement from outside the Coastal Manaqement Area. Lands lying seaward of the Coastal AC, ENC)A ITEM Manaqement Boundary, identified on the Future Land Use Map, are within the Co~ stalN°' /~.K,¢;)/ Manaqement Area. Density may be increased above and beyond the density oth~ rwi.¥: por- 1 1999 32 allowed by the Density Ratin,q System in accordance with the Transfer of Development Rights (TDR) ~ ;ction 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. b. Density Reduction Consistency with the following characteristic would subtract density: 1 If ' ;;'!thln °" ..... :'"""*"¢'"'~ ..... ~.:..,., m, ..... ~ ~ ,...m ....... ,...... +~'C,., "'"'"';""'"+ '~ .... ~, v~ ,.~ ~, ,,,,,~,..~.-, ,,~j~, .... ..-, ,~ , ,.-, ,~,.., ,, ,.~,,,,., ,.,,.~, ,~-..,.,-~,,, · p,, ~j~ RC d .~ D~,*, .... U~ u ..... ~' RCCd I~,-~,,r~,-I,'~n~% I~,,;,'. D~,,I,.,,,--,r,..I t",.-,,,,~, [2.-:r,~ ~ a,"~ , ,,, , · , ,,.~,,,,,,,.,~.,,, · ., ....................... ,, .., ,.,, ,, ~ ........ ,"O,,, C, ,,,--, ....... ~ .................. , --,.,,-, ,-,,., ,., ,,.,,~, 1. Traffic Congestion Area If the proiect is within the Traffic Congestion Areal an area identified as subiect to Ionq range traffic conqestion, I dwelling unit per gross acre would be subtracted. The Traffic Conqestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Desiqnated Area seaward of a boundary marked by Airport-Pulling Road (including an extension north to the Lee County boundary}l Davis Boulevard, County Barn Road1 and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (includinq an extension to the east}. Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forminq the boundary of the Area; however, if that property also has an access point to a road not forminq the boundary of the Traffic Congestion Area it will not be subiect to the density reduction. c. Density Conditions: The following density condition applies to all properties subiect to the Density Rating System. 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance , ; #91-102, on October 30, 1991, as amended. Thc TDP. ccc'Jan allc'::c far thc max, mum numbcr "~ roc!dcr, tia! ' '";* ..... :""'~ ' '"':~" *~'~ ' ":""*';"+ +''' :" ...... ~"~ ~"' a ........ ~, .................... -"O,",:R~ ..................... ~,-*:-,- e,,,-*-,m Land,c, lift ''~ ..... " ~. I-,^ ,-i,-~e.;,-..,.~i:,-i e--,"'";"~l AGENDA ITEM 33 SEP 1 1999 ,-,,.,.,~,,-,. '~n 4nn~ ... ,,.. ,,....,.;,. ....... '""'~ '""+~';" +~'" ~' .... '~"';"~,.-"' "" ^"+;'"'*" CcRtor I~l..,,.d,-,~ +,-, +1-, ..... ~.+ I IO ~4 4 +.., +h,., ,-,..,..+~, ,.,..,,4 +1,.,.,, A~,., ,-.¢ ,~",-;+;,.,.-d o~.-.+,-, ,"",-,r,--,',-,-, +,.', +1~,-, .......................· .. -,- -~ =onmg ....... a ,,~"~, k,, +~-,~ I ~.~ ~ .... m ..... * ~,-I~ AGENDA ITEM '"' '"' ............... '" ............ No. /~/,,,2~_/ \ SEP 1 ~ 1999 ,1 T ..... ~ T....... o ..... *;"'~"' Vchlc!c Park I-,,~ ,'~,i' '""c ....... ,~ ,..........+ .... , h.. ;. +ho , ....' "" '"'~' '.S*';a' Planned ' I.H. f"t .... I ..... t I.~'.,'~.r~;+:,~r..-,r - .~acs;" ....., .-,.-,..a..,., ,~ .... , .....*' !~ght '"'C.~..'" h.-,,.., ,-. .. ~"' ,,,, ,,.......';"""*"'~ *'"'.... . *"' "~" '"~"'";'""' '....., ,, ,~,..~,...~, ;osc3rch, ~ ..... ~. ............ ~. ....... "~ Urban Commercial District Thr...~, ,,-,h +h,-, , ,,'-,.-, ,.,~ ,-,~;v,',~ , ,,.,,.~ A,'~{';,,;~,, /'~,"~,'~{',',r,". ,-,,-,,4 ,",~;~,hh,-.rh,.'~,.,,,.4 ,~,'~,'~f~r,'- ,,,;+h,;r~ I .", r,*, ,-, nl I1'~,., ~{"+'"'+ i'" ;"+~"""'~ ' ........"'+" "{"+' '""" "" ............ :"~ """;"" within ' ,.h.... Th{s District is intended to accommodate a{most a{{ new commercia{ zoning; a varie~ of residential uses, including hiqher densities for properties not located within the Urban Coastal Frinqe or Urban Residential Frinqe Subdistricts; and a varieb/of non-residential uses. Illllllll%ll%l%llll%lly'~ 1.'1~,'"1% ' 'II ' · ' ' =- itv ....... j .................. Mixed Use Activ._, Center Subd{strict Mixed Use ^ctNity Centers have been designated on the Future Land Use Map Series identified in the Future Land Hse Flement. The locations are based on intersections o[ major roads and on spacing criteria, lhere are 10 Mixed ese ^ctivitg Centers which comprise approximately 3,000 acres, includin~ 3 Interchanqe Activiht Centers {~4, 0, 10) which discussed separately, lwo Activi~ Centers #1 ~ and 2~ have been deleted and re~la{ ed b\~c.,,~o~ ~.~ --- the land use designations identified in the Marco Island Master ~lan and Future Land Map. 3s SF.P 1 1999 The Mixed Use Activity Center L.)ncept is 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. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the Neiqhborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchan.qe Activity Center Subdistrict, Traditional Neighborhood Desiqn Subdistrict, and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. III1% IfV% :v;,...i.i,..,,..' IA;,~.,-._,4 t h.,,-.~ A,.,+;,.,.;.F,, f"~,~.l.,-,,,,., ,,~.,,,~, k,-, .,,~ ,4,.,,.,;,..,,.,,..,+,.~,.4 ,-,,-, ki,..,,.,+,.,r pl.,,,r,c,~ t~n;v,.,N i i,.,~ · '--, ";^"+;;';~" r-....+...,, in....+.., mt .... .~ A.-+;,,;+.. r.....+...,. ,..'O +~' ...... k;..k k ....... ;+n,-,,-4 ,.t---- · ..l,,.,~,/-,l~.-,r~,..,n.I. ;.,-, +1,-,,-., +',-,,-...~ ~,~ ,-, l~1..., .-, ,,.,, ,,-., ,-4 I Ir.,;+ 1~,-,,,,.~,1,.~,.~,,.,.,-,4. [~,,'~,,-~l/-,.,~..,-,,-~r.,+ ,.,,g D,-,,-,,;,..,,.',,,..~I Imn..'~,.'-.{' ,.'xr ,..,n +'" mcd!f/"'" :quarc ccnfigurat~cn "'"""'"+""', ,,. '";"' "+~'~-.,, ~"+"'ff/"'""+"-" ~"""+"-,....... Planncd ^,-+;,,;*., ,-.-~ .... ,..+.---.; .... Act~vL+y ,".-.-+ ..... + ~,;-..-,~ ~,-.. +.-. ~-..-+~.. ~, .... ~ k,;v~,~,..u"'"'" ""y^c+"?" '1. TI..,c, ,, ....~,.,I;..,~,.,4- ~-.k.-.ll, .. I,~...,,,,.., . ,.-,;~.-I ~..,...,.,{.,~1 ~..g .-,4' I..,.-.~+ ~m,,-, ~.,,r r,,. ,-, .-,.-, ~..Il ,,',...-,,-.I,-,.-,,-~+~ ,.-~¢ ,,-, ") Th ..... ;~"'~ '"'""~ ....... ~ *"+"" ........,,v'""'""+;'""', , ~,..,- ~A....+... c~, ......,~" -, '-~"'C+;v;~' ................................... ;~ ....., C ~ ..'T~.~X'.'I3..,..'"'_ '''~ '~ ~n ................ ] ....................... ........'""""+"'~-.-- .- +'""+'. ,........,"~'"",,.., ....~'"' ~..,,,'~"~'" "'~,........"" +'""+"., -..~ which arc ncr ~ ................. .... +;'""""y '"'"'"~.... .....,"' btcgratcd AGENC)A ITEM SEP ? 1999 Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land ,,~,~t; .- ~,-, ..... ;,-,, ...,..'.~..,.,;.-,, .'-..,;,, ,,;,.,,-,.-,n which may incl,,de the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of thc ~"" .... .......... ~ factors listed below. 'r~m nm,,ount *-,'-'- ~nd '--"'-*;"" '-~ '--';"*: ...... .. -~ ~,"-"~,~ '~ .... m...-,,~ ....... ,,,,, , ,~,:"~, ...... ~ ;,~.~,. For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraqed to be in the form of a Planned Unit Development. There shall be no minimum acreaqe limitation for such Planned Unit Developments except all requests for rezoninq must meet the requirements for rezoninq in the Land Development Code. - The amount, type and location of existinq zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; - Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; - Existing patterns of land use within the Mixed Use Activity Center and within two radial .miles; - Adequacy of infrastructure capacity, particularly roads; - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man-made constraints; - Rezoning criteria identified in the Land Development Code; Conformance with Access Manaqement Plans for Mixed Use Activity Centers contained in the Land Development Code; - Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median openinq locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; - Interconnection{s) for pedestrians, bicycles and motor vehicles with existing and future _adiacent projects; - ,1,m -Conformance with the architectural design standards as identified in the Land AGENDA I,r..Iwl Development Code. No. / SE? 1 ~t 1999 The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land 'Jse Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and ,Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard # 8 Airport Road and Golden Gate Parkway #11 Vanderbilt Beach Road and Airport Road #12 US 41 and Pine Ridqe Road #13 Airport Road and Pine Ridge Road #15 Golden Gate Parkway and Coronado Boulevard #16 US 41 and Airport Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 and Wiq.qins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, ranqe from 80 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire ,Activity Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential and/or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway In recoqnition of the benefit resultinq from the coordination of planned land uses and coordinated access points to the public road network, Master Planned ,Activity Centers are encouraqed through the allowance of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may'be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subiect to modification during final site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the followinq criteria must be met for a proiect to qualify as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of the maiority of a quadrant in a designated Activity Center. Maiority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezoninq under the provisions of a Mixed Use Acti~, [y. AC..,END,~ ~TF.N Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 I: /~/~ / Property owners with less than 51% ownership are encouraqed to incorporal SEP vehicular and pedestrian accesses with adiacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control; 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for desiqnated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the maiority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial permitted at Activity Centers # 3 and #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center, the balance of the of the land uses shall be for residential and/or community facilities. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facilities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the followinq uses: commercial, residential and/or community facilities. 3. The location and confiquration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existinq site features, surroundin.q development, and existing natural and manmade constraints. Commercial uses shall be odented so as to provide coordinated and functional transportation access to maior roadways servinq the Activity Center, and functionally related or inteqrated with surroundinq land uses and the planned transportation network; and 4. Adiacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications in the Traffic Circulation Element. · The Mixed Use Activity Center is no closer than two miles from any existinq Mixed Use Activity Center, as measured from the center point of the intersections around which the existinq and proposed Mixed Use Activity Centers are located. · Market iustification is provided demonstratinq need for a Mixed Use Activity Center at the proposed location. "'"';"'+" "'"'~ .... `4;"'"'+;'~'" on ~rl.d Off ,-i+.., ...-, ,/-,,,~.~+ ....... cw,,,m,, cf tr:~c ,~ ....................... u surrounding prcpc,,!ies. If ActlvL*y '"'""'""v ......................... ,,. . '"' ~.,.,v,,"`4`4"*;~" +".v +"-.,,.. ~"k ...... .~ ¢ ...... ....`4 ?~% ,-, ,,.. ~, :~-, ..... .....,I~,'"¢ ,'"'"`4,.., ,~!.s pa,'!ia!!y within Mn Actlvi~/r.,-,..,~,. is p:,"1 cf: r,....~ by *~'" Bcard "¢ Ccunt'/ .............. cubdlv!:!c,", "'"* '"~"",, ~' ......~, ~,.~"'"'`4 ........ .... -',4,-,,-~,4 +,., ~, .... ;+1.,:,-, +1-, i~.,' """'"'+'"'" '1'1~,~ '7~0,/~ ' ' AOF. NDA ITEM~ ................. 0 .~,ot!v ............. prov',slOn ,4 ..... , ,-,,.,.i,, +,-, +~,,. ,,-,+,.,,-,.k.-,,,,- SEP 1 1999 I~._/ 2. Interchanqe Activity Center Subdistrict Interchange Activity Centers have been desiqnated on the Future Land Use Ma;) at each of the three Interstate 75 interchan_qes and include numbers 4, 9 and 10. The boundaries of these {nterchanfle Activity Centers have been s;)ecificall¥ defined on the ma;)s located at the end of this Section as ;)art of the Future Land Use fvla;) Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers ~ and #10 allow for a mixture of land uses - which rnav include 100% or any combination thereof, of each of the following uses: the full arraV of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchanqe Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined durinq the rezoning ;)roc_.ess based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchanqe Activity Center # 9 shah be subject to the requirement of the develo;)ment of an Interchange Master Plan (iMP). The IMP is intended to create an enhanced "Gateway" to Naa)les. The IMP ;)rocess shall be initiated by the ;)ro;)erty owners and/or their re;)resentatives by meeting with the County ;)ianninq staff within 60 davs of the ado;)tion of this Growth Management Plan amendment and a findinq of com;)liance from the De;)artment of Commun}tv Affairs. The ;)u~ose of the meetinq will be to establish a mutually acce;)table vision statement for Activity Center # 9. The Interchange Master Plan shall be ado;)ted bv Resolution by the Board of County Commissioners. All rezones thereafter shah meet the intent of the vision statement. Subsequent to the development of the vision statement, new ;)to}errs within Activity Center # are encouraged to have a unified {:)lan of deve{o;)ment in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activi~ Center # 9 shah include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at ,3 density consistent with the Land ~evelo;)ment Code; industria uses in the northeast, southwest and southeast quadrants. The mix and intensity of land ,ses"AGENDA ITEk shall meet the intent of the vision statement and be defined durinq the rezoninq ~rocess. entire interchange Activitv Center is eiiqible for ua) to 100% of the entire acreaqe to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreaqe (632.5 ac.) of Interchange Activiht Center # 9. The factors to consider durinq review of a rezone petition shall be compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development1 if a project is within the boundaries of an Interchange Activity Center which is not within the Urban Residential Frinqe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be distributed throuqhout the proiect, includinq any portion located outside of the boundary of the Activiht Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain specific language reqardinq the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site specific development details will be reviewed during the Site Development Plan review process. Landscaping, buffering and/or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; and Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; and - Central water and sewage systems shall be required w~th~n - No direct access to the Interstate right-of-way shall be permitted; and .......... '~ ;"~"" *~'~ snd c' '~'c * ..... ' thc .... "'"*"""* '-"'"" th" "-'*--""~- .... ,7,,T,,~GE~A ITE~ Joint access and frontage roads shall be established when frontage-ea,m:~ is n( . ,~ i SEP 1 1999 adequate to meet the access spacing end requirements of the Access Control Policy, Activiht Center Access Management Plans, or State Access Manaqement Plans, as applicable; - Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; and - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, ctc. and other improvements deemed necessarg - as determined throuqh the rezoning process; -A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. and '"';" 3.":d ;"*""";+" ..4~ ..........~,.,,,. ,, ...... .. . -'-'SC I..,,..-.- .... ,~.Ctl;'!tv r......4......,.,`....-.,.4.,`;.. 4.~... us". ..ii .... ,4,-,-,,.,4.,. ,-,,~ ~'D r~c4....,,.,~ I ,-, 4. ,. ,-,- 4. .-. 4. .-. -/c.. i,.,4.,..,.,.~, .... ^ ..+;, ,;+., r. .. .. 4.,-. ,. ,-~.,`ll ;,~1, ,,-.4.~; ,., I A "JO/_ ,-..;,-4.; ......... ;,`, ......'~ ""'~,, ~.." .... [,`~ ........ ";"~' CrC ............. ""4. y/ ......... AGENDA ITEM .,,.ot~:.~,.-; ,",-,,.,-- ,- ........ , .,--- ,-4.,`4. .... , ,;a.-.~o:~t "'-,--,-.- .~,--,-,...,,-:,-,- ,,- oo~oto~ f=..-, cs 05 ~/~,~) / SEP l~ 1999 3. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, desiqned in an attractive park-like environment with Iow structural density where buildinq coveraqe ranqes between 25% to 45% and landscaped areas provide for bufferinq and enioyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Commercial District subiect to the cdteda set forth under the Business Park Subdistrict in the Urban-Mixed Use District. C. Urban - Industrial District ~,.,The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2 200 , acres ................................. ....... ~.,.. ,.+ ....... .~ ....... ,", .... ,," ..... ~...,_....~.......a;..+.~., ,,........,, , high +""~'"'".....,., ,~,~=,. ...., ,-'"""'"*"""", , ,,I,-,,-,-.;k,-,4 ;~ ,k.. i .-,,.,,4 n .... I IV% D. ,,-; .... --,.~D~"I'-". ,.,..~ ;..,*,-,,,,,-I,.,,4 ,,'~'o/ +.-..4 c:o/ and I .... i.......1~,-,.......~,4~ tho .... ~,~.~ ~.~..~ ............................................ ~, ... , t,,ifk ,'. ,,'""~3."~[,','~,, ,U,,',~ ..,.,c 4 r'lo/& ....... ;.,,,I ..... A t,,,, land '..'scs. flY% 'l"h,~. k~,,,--,,.4,.~,,;,~,., ,-~¢ 4.k~ I h-k~. I,.-~A, ,,~i,-;,..~l rt;,.,4.,.;,.~4. ~p~ 4.,-,-..-,,.,;~.;,.-,q,-~l. 4.k~-~(nrn fht.~I I~ ~'" ..~ln.~ ~-,,.~;P ..... , ........ ; ......................................................... Besides basic Industdal uses., limited commercial uses are permitted. ~etail commercial use SEP 1 lfla prohibited, except as accessory to Industrial or Business Park uses. The C--51 0'"4 and PUD Commercial Zoning Districts alo~._q the perimeter of the designated Urban - Industrial DiStrict that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; Business services; k. Other basic industrial uses as described in the Industrial Zoninq District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, desiqned in an attractive park-like environment with Iow structural density where buildinq coverage ranqes between 25% to 45% and landscaped areas provide for buffering and enioyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Industrial District subject to the criteda set forth under the Business Park Subdistrict in the Urban-Mixed Use District. (.Vl)II. AGRICULTURAL/RURAL DESIGNATION The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. ,~, llmltcd sclcctlcn cf ecscntlcl ~,`. ;'i " ................... cpcn '' d c~--,tcd ......................... .x, ............ J ..................... 3."C 3C ............ u USO. AGE./~A ITrr.,M The followinq uses are permitted in this District: No. a. Aqricultural uses such as farming, ranchinq, forestry, bee-keepinq; ' l 1999 b. Residential uses at a maximum density of one dwellinq unit per five gross acres, except for legal non-uonforminq lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, qolf courses; e. Essential services as defined in the Land Development Code; f. Safety service facilities; g. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subiect to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. ° The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subiect to all applicable State or Federal regulations. h. Communication and utility facilities, except for central water and sewer facilities as noted above; i. Migrant labor housing as provided in the Land Development Code; i. Earth mining, oil extraction and related processing; k. Asphalt p)ant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation; I. Commercial uses accessory to other permitted uses, such as restaurant accessory to qolf course or retail sales of produce accessory to farming, so Ionq as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; m. Commercial uses, within the Rural Commercial Subdistrict, based upon criteria; n. Industrial uses within the Rural - Industrial District; o. Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or roadway connection to the arterial road, with no access points from intervening properties; and, 3. The use will be compatible with surrounding land uses. A. AqriculturallRural - Mixed Use District 1~., ,.4 ,.,, .-, .,- ;.~ , ,.~-,,.,;,.4,..~..,,4.;..~1 . .,.,,.,, ;,,~ ,-, ..Hs,;,',,,....~."~'"""'"""~ . 1~,-.,,-.;,.4,-,~f;,.~l I,-~,-.-I~.. ,....,-,,-,,.- ..v,...-,,, I,.~,-~ .-~11,.~.,~,,41~ ,,,.,,.. ,.,,'"~' ~ m..~v.,~' . .,.~ · .4,.~....,-,;4~,. ,.~.$ 4 . ....... ·.., , ,.,,,. p~', v ~ ~,......'-r""" ....,....." .... Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that pad of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. AGE~A ITEM Thc ,..,.,;.,,., ;.. ,~. ....... ,...... ;..,.;..... b Th,-, ,----:,-,,-*; .... , .... *"'"" ':: milo"., from "' d. Thc "'";""* ;- '"""+"'~ ..... ~"'~"' cr cc~cctor The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for Iow density residential development, and other uses identified under the Agricultural/Rural Designation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed as follows: a. Low density residential dwelling units, at a maximum density of one dwellinq unit per five qross acres, excopt for legal non-conforming lots of racord., b. Dormitories, duplexes and other staff housing, as may be provided in coniunction with conservation uses, at a density in accordance with the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housinq in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; e. Farm labor housing in accordance with the Farm Labor Housinq provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the followinq standards for intensity of use are met: a. The project, or that portion of a larger project which is devoted to commercial development, is 2.5 acres or less in size; b. The proiect, or that portion of a larqer proiect which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The proiect is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The proiect is buffered from adiacent properties. (:?~B. Rural - Industrial District ................................... ~ ~ ............. ~C~C ~' , ...... SEP 1 1999 ~t ' rcs!dcntlal "-" .w ,,; .... ;"'~ *~"* ~' '" *~., ..... ~,, .. ............ m,:y = for rc=d ""*' .... ~' "'"" """*"'"'. , .... ..-.* ...., ,.. ..,'~ ........... .. ,,, * ~' ...... ;.... ,.,.,,,"- ..,....,. k, ...... ;""'"'*'~'"' ..... ~ ............. .... ........................ ~,,., , .. ~.,~. ............ ~ ...... ~ ..... p"'; .... ;' =nd ...... ,,.,...,;..,. ~,.;,,~ .... ., ..,...~, ,.,,;..,.,/-..;, ....,....,;-. =nd '"'-*'"~ ....... ; .... ~ ch311 The Rural - Industrial District, which encompasses approximately 600 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial Wpe uses. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accossorg to Industdal uses. The C-5 Commercial Zoninq District on the perimeter of lands desiqnated Rural - Industrial District, as of October 1007, shall be deemed consistent with this Land Hse District. Afl industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpretinq this District, oil and qas exploration, drilling, and production shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturinq; b. Processing; c. Storaqe and warehousing; d. Wholesaling; e. Distribution i f. Other basic industrial uses as described in the Industrial Zoning District in the Land Development Codei g. Support commercial uses, such as child cam centers and restaurants. C. Rural - Settlement ~rea District ,--,....~,.,,. ,.,, e....,~..,... I* ~'~ ~'~ ~,,..""'" ~'~'~,, ~, ...... ..,, ~'~" ~'~* Scuth R=ngc '~'~ '-",.~* (thc fcrmcr , ....... .. ~,.....,.,..~..~.,,. ,,... .... ...,.,~ ..... cf this .....'-~' '"~ ...... "*" ~-"".. ~'~"" .... *"'~" for thc uccc prcpc..~' Ccunty .... ;.,.~ ~..,. ,.,¢,. ' ;'" ~C,.. . T~'C.,, ,.,,.,,.,$ ~, ................... SEP 1 q 1999 This DistOrt ~ns{sts of Sections 13, 14, 23, 24, and a po~{on of 22, Township 4~ South, Ranqe 27 East (the foyer No~h Golden Gate Subdivision), which was zoned and plaRed be~een 1967 and 1970. In seR{ement of a lawsuit peAa{n{nq to the perm{Hed uses of this prope~, this prope~ has been "vested" for the uses specified in that ce~ain "PUD by SeR{ement" zoninq granted by the Coun~ as referen~d in that ce~ain SE~LEMENT AND ZONING AGREEMENT dated the 27th day of Janua~, 1986. This Se,lement Area is common{v known as Oranqetree PUD. Refer to the Golden Gate Area Master Plan for permi~ed uses and standards. {{{. ESTATES DESIGNATION The Es~tes Land Use Designation ~ en~mpasses {ands which are a{ready subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population gro~h far removed from suppo~ive se~{ces and facilities. Expansion of the area ';;ii~ shah be discouraged· (V~)Pu~uant to Po{icy 4.1 of the Future Land Use Element, the Go{den Gate Area Master Plan encompassing ~e Estates Designation was adopted by the Co{Her Coun~ Board of Coun~ Commissioners on Februa~ 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific {and uses. IV. CONSERVA~ON DESIGNATION The overall pu~ose of the Conse~at{on Designation is to ~nse~e and maintain the natural resour~s of Collier Coun~ and their associated environmental, and recreational and e~nomic benefits. Al{ native habitats possess e~{og{~{ and physic{ characteristi~ that justi~ aRempts to main~in these {mpo~ant natural resour~s. Barder {slands, ~asta{ bays and wet{ands dese~e pa~icular aRent{on bemuse of the{r ecologic{ value and their sensitivi~ to peculation. It is bemuse of this that al{ proposals for development {n the Conse~ation Des{gnat{on must be subject to rigorous review to ensure that the impacts of the deve{opment do not destroy or unac~p~b{y degrade the inherent functional values. The Conse~at{on Designation is intended to protect ce~in vital natural resource areas of the Coun~ owned, primarily, by the public, although pr{rate {n-ho{dinqs and private{v owned conse~ation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress Nat{Gna{ Prese~e, Flor{da Panther National W{{d{{fe Refuqe, Fakahatchee Strand State Prese~e, Collier-Seminole State Park, Rooke~ Bay National Estuarine Research Rese~e Delnor-Wiqoins Pass State Recreation Area, and the National Audubon Socie~'s Corkscre v A~A Swamp Sanctua~ (privately ned) hccc SEP 1 q 1999 · -.~*,-,*; ...... ~-;I;,q.,, ,-,,-,,.I ,.,,-,,..~,-~, ,,.~;,~,-,~.;,.,,-~ .K...,,..;I;~*; ..... ,-I*l~,-~ ;,-,,n,*,' · ...,,-, r;,-,, ,1~* .... ' ~d ,,;i ,,v,~.,,,,;~,, .....~ ...... The boundaries of the Conservation Designation may periodically change as properties are acquired. Standards for development in the Conservation Desiqnation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Desiqnation will accommodate limited residential development and future non-residential uses. The followinq uses are permitted in this Desiqnation: a. Single family dwellinq units, and mobile homes where the Mobile Home Zoning Overlay exists1 at a maximum density of one dwellinq unit per five qross acres, or one dwellinq unit per 3 gross acres for private in-holdinqs within the Biq Cypress National Preserve - each dwellinq unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdinqs within the Big Cypress National Preserve. b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation usesI at a density in accordance with that permitted in the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housing in conjunction with safety service facilities and essential services1 at a density in accordance with the Land Development Code; e. Farm labor housinq in accordance with the Farm Labor Housinq provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. Essential services as defined in the Land Development Code; h. Parks, open space and recreational uses; i. Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. j. Commercial uses accessory to other permitted uses, such as restaurant accessory to operation of a Park or Preserve; k. Safety service facilities; I. Utility and communication facilities; m. Earth mining; n. Agriculture; and, o. Oil extraction and related processinq. (!.~.)A. --~:h~=,~ L~nd: ...!~ - U:c r~ .... ......... :, ............................ uu .......................................... ~' AGENDA ,, ~.M ................... ........... , ..................... so SEP 1 1999 V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Cdtical Area encompasses lands desiqnated Conservation, Aqricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter ~ 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern" c' *hc ~"'" ....; ....... '"*; ...... ~-;-'~- ........ mcrc rcst,dctlvc. Thc Those regulations include the following: A=.I. Site Alteration -l-.a.Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. x)2.b.Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. I IV'~ ~ ' ~.../v....So~ls exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. ' Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) (4X-)4~1_. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Flodda Administrative Code, as amended. 5.c_. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. IIV~ f ,,../,,.,_. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves nursery grown aquatic vegetation, restoration or revegetation of the property and Jisp~ 1 1999 of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except th;,, whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. ~ Finger canals shall not be constructed in the Critical Area. r~ .. ,. -. ,-,,..,. ., , ..~ cA...ir/; ~;;~ ....... ' ""'~ """'"" "~ ';"~"'~ """';" "'"""""""'"' · ";;~ native h. This rule shall not apply to site alterations undertaken in connection with the aqricultural use of land or for the conversion of land to aqricultural use. B2, Drainage -1-a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. 2b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. ~_.New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for aqricultural purposes or to convert land to such use. G3. Transportation (IX)la.Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. (IX)2_b.Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. ,3c__. Transportation facility construction sites shall provide for siltation and run-off control AGE through the use of settling ponds, soil fixing or performance equivalent structures or h~. systems. ' ' ' SEP 1 199 52 .../7_/ {pr,-)D4. Structure Installation -1-a_a_. Placement of structures shall be accomplished in a manner ~hat will not adversely affect surface water flow or tidal action· ,?.b. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the a.qricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Cdtical State Concern shall be rendered to the State of Flodda Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". · P,;C~, .. ,..... ',,.. ~...,"""+;"'".,...,, ..,"* +~,, ,.." ,,., ,-,I,-.,-., +,..,+.-.11,, ,,,;+1-,;,..., +1..,,-, D;,,.,, ¢~,,,,-,r,..~,-,,,. ,.-,~ P,-;f;,,,.,~l C~.I.,..~+,-. P,-.,r',,..,,.,,,'r,, L.J,..,,,,,-.,,,..,, {J} G.B Areas Of Environmental Concern Overlay Areas of environmental concern are identified on the Future Land Use Map series. Primarily, these represent coastal beaches, marshes, hardwood swamps and cypress forests; wet prairies and Iow pinelands; and brackish marshes -rk,.,.... v ~,~ ~....,,,,~...~ ........ , ,, ........ +-.+;...... *... ,.,~ .... +i,.,...~ C~t~ll 0 ~1 ITl IDr' I ^kll~ I ICC::: [lAC) This overlay contains general representations [or informational purposes onl¥~ it does not constitute new development standards and has no requlatorg effect. Standards for development am found in the Conservation and Coastal Management Element and the Land Development Requlations. D. C. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Oveday shown on the - Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District which regulates development near the Naples Municipal Airport. AGENDA ITEM -- SEP 1 1999 FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchanqe Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map r~/'~l I I~-I~ ~/"~1 Ikl"l'~/' ~_D/~IAr'r'u ~AKIA~C~NIT DI AKI ~llTIIO~ I A~I~ IIQ~ R~A~ ~J~IAI Ilkl~O ~OlT~OlA '~'~ ~ ~ '~'~ ~ · "~ ~,"~ · .... sc maps 1997 FJ. JTURE I~ND USE ELEMENT AC.~A 1 1999 54 FUTURE LAND USE MAP Collier County Florida 0 ...... '-':-' . -- ~ ;!:: ~- ~;~ ~.~'g [ ~.- ..... ~-' -'"~- :-:L:'-;:_._ -: :...::-:.:....: -. - .... . ACTIVITY CENTGR #1 I~ ~ .... I' i l l~Mi],i ~' I~ ,~iI i"~ ~' 1~: ;'::" ~ ~' ~:: ~' ~';: ~ ,~ ~l,,~,l,,,~lh.,,,,,~.~,,,h,~,, .... ,~,~,, I.,1~,~ .... ~1~1~ ,,~ll~,,,,:' 'l,,i,,,,,,u, ,,~,,,,~lh~l h 'i: ~,: ~ , ,!r ~_~ ~-~ ~~-, ,~ ,~.,, I .... ~ .... , [ LEGEND ,:, , I ~ ~1' I;111;;'l'i;~*lii=i~:~, I'H,,lii,' =, `*,i,~illrr, ',l,"'' j,ih~i~, ,,,,ia i*,i ~*iii*;,iil,i~lilljHl,l*li,~i~l,,,,~.l,i I,, !~;I RM-3 EXIS~NG Z~ING RSF -2 ACTIVITY CENTER ACTIVITY CENTER #3 A A A A ACT1VI~' CENTER BOUNDARy EXISTING ZONING BUtLDINGS AND STRUCllJRES ACTIVITY CENTER e4 ACTIVITY CEI~'TER #5 PUD PUD PUD PUD R8F-1 RMF-16 ACTIVITY CENTER CF LEGEND l' I ACTIVITY CENTER #7 A ACTIVITY CENTER lB Ii ! ACll~ITY CE)~T~R BOUNDARY E')~SllNG ~ ~ ~ ~~ ~ ~ ~ ~m~ [XIS~NG BU)~N~ ~D S~UC~R~S ~~m~;,,,,,~[',,,,, , I Iii,] )mill 'il = ,~, ACTIVITY CENTER #9 C.R, 9~1 ~ INTER3TATE T~ ACTIVITY CENTER ell PUD ~ : LEGEND ACTIVITY CENTER eli LEGEND AC]I~TY CENTER BOUNDARY EXI$llNO ZONING mmm~ EXJSI1NG BUILDINGS AND SlRUCTURES ACTIVITY CENTER #13 A ACTIVITY CENTER #14 " I/7 RSF-3 EXIS~NO Z~INO II 0.3 --~---/ ~ / - ACTIVITY CENTER #15 .... RSF-3 ~UD RSF-3 LEGEND AC~VITY CE:NI[R BOUNDARY : R~F-$ EXISTING ZONING ~ DEVELOPED LAND US~ (-- ~) ~111~ £X]STING BUIM)fNGS AND SI~UC~JRES ~u-4 RMF-m ACTIVITY CENTER RMF-eGH ACTIVITY CENTER eib A C-~ I.~G~ND R~-~ ~ ACllVITY CENTERBOUNDARY RBF.~IEXlSllNO ZONING r,,~z~,~ EXISTING 8UILDtNG$ AND STRUCTURES ACTIVITY CENTER LE6END .... -~-"- .... m,~ m ACll~ITY'CEN~:R BOUNDA~N~Y PUD A 1~l:-3EXISTfNG ZONING -- -'- (-~-e_-) AST ~ DE'vl~:LOPED L.kND ~. IqJI) ~ EXISTING: BUILD~NCS AND STRUCTURES MAP FI. UE-9 EXISTING ZONING CONSISTENT WITH FLUE BY POLICY 5.9, 5.10, COLLIER COUNTY FLORIDA MAP FLUE-lO EXISTING ZONING CONSISTENT WITH FLUE BY POI. ICY 5.9. 5.10. 5.11. 5.1:~ COLLIER COUNTY FLORIDA MAP FLUE-II EXISTIN6 ZONIN6 CONSISTENT WITH FLUE BY POLICY 5.9. 5.10. 5.11. 5.12 COLLIER COUNTY FLORIDA MAP FLUE-I:) EXISTING ZONING CONSISTENT WITH FLUE BY POLICY 5.9, 5.10, 5.11. 5.1:= COLLIER COUNTY FLORIDA RgGE R;)TE MAP FLUE-13 EXISTING ZONING CONSISTENT WITH FLUE BY POLICY 5.9, 5.10, 5.11, COLLIER COUNTY FLORIDA M~P FLUE-14 EXISTING ZONING CONSISTENT WITH FLUE BY POLICY S.9, S.IO, S.II, S.12 COLLIER COUNTY FLORIDA ~ 'l' R 25 E 1' R ~'6, '[ R ~'7 E '1 R 28 E ~ '[ R ~0 E T R .i E T R :~2 E 1' R ~ E 1' R ~4 E 1' H£NDflY COUNTY MAP FLUE-IS EXISTING ZONING CONSISTENT ~ .- WITH FLUE BY POLICY S.9. 5.10. S.II. COLLIER COUNTY FLORIDA I.~E COUNTY HENDRY COUNTY ~g;~'~,~g~ ~ MONROE COUNTY t / ~ - - .... . COLLIER COUNTY WETLANDS MARSHES, HARDWOOD SWAMPS -T1"~__ ' : AND CYPRESS FORESTS ...... '-, '~" ~-~ WET PRAIRES AND LOW PINELANDS / -~ J- Q ,- ~ BRACKISH MARSHES x~ ~ MANGROVE SWAMPS AND BARRIER BEACHES "~ :".. '., ~":' ~{~' . .~ . ..' PREPARED BY COLLIER COUNTY NATURAL RESOURCES ~ DEPARTMENT UTILIZING SOUTH FLORIDA WATER MANAGEMENT ~ . - ". DISTRICT 1988 ~ND COVER DATA BASE. ' ? ~:' ,~_._ E._~ ....... '~ ....... :" ,',-.,~ - ,- , ).. -, ~, . . .- Z - ? - -: '. . ~ ..... -' -Z- -- . .. ~,. O 1 0 '"'"" ~ ~' ' '-': ' / - SEP I~.~ 1999 .... Exhibit B P..olicy 5.1.3 The following properties identified by Ordinance # #98-82; 98-91; 98-94; 99-02; 99-11; 99-19; and 99-33; located in Activity Centers #1, 2, 6, 8, 11, & 18 were rezoned pursuant to the Activity Centers boundaries desiqnated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned during the interim period between the adoption of the Future Land Use Element in October, 1997 which was not effective due to the notice of intent finding the Future Land Use Element not "in compliance". Those properties, identified herein, which have modified the boundaries of the 1997 Activity Centers are deemed consistent with the Future Land Use Element. AGENDA ITEM SEP 14 1999 SEP 1 ~ 1999 Exhibit C GOLDEN GATE AREA MASTER PLAN Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN ..... SYmbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. AGENDA ITEM SEP 1 ~ 1999 TABLE OF CONTEN'I 3 Page I. INTRODUCTION 2 II. OVERVIEW 4 A. County-Wide Planning Process B. Golden Gate Planning Process * II1. IMPLEMENTATION SECTION 5 A. Goals. Objectives and Policies 5 B. Land Use Designation Description 10 1. Urban 10 2. Estates 29 3. Agricultural/Rural Settlement 36 IV. SUPPORT DOCUMENT V. APPENDIX 1 - CONDITIONAL USES VI. APPENDIX 2 - COMMERCIAL LAND USE NEEDS VII. APPENDIX 3 - GGAMP QUESTIONNAIRE RESULTS VIII. APPENDIX 4- PUBLIC PARTICIPATION SCHEDULE LIST OF MAPS * Map Page * '1 Golden Gate Master Plan Study Areas 3 * 2 Golden Gate Area Future Land Use Map 12 * 2 3 High Density Residential Subdistrict 16 * 3-4_ Urban Mixed Use Activity Center 18 * 4-5 CR-951 Commercial In-fill Designation 20 * 6-6_ Activity Center Map 24 *7. Santa Barbara Commercial Subdistrict 25 *6-8_ Golden Gate Parkway Professional Office 28 Commercial District *:7-9 Golden Gate Estates Neighborhood Centers 32 '8-10 Randall Boulevard Commercial District 34 *Adopted Portion Asterisk * with underline and/or strike-through shows scrivener's errors ' I ~m. /,,-~,,'Y) ,/ SEP 1 ~ 1999 III. IMPLEMENTATION STRATEGY Thissection places the plan into effect. Implementation strategies incluc, the Goals, Objectives and Policies, and the Land Use Designation Description Section. GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OBJECTIVE 1.1: .w Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on all development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land Use Districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS -a. Activity Center Subdistrict b. CR-951 Commercial In-fill .... ~ ........ Subdistrict c. Commercial Under Criteria d. Interstate Activity Center Subdistrict * e. Santa Barbara Commercial Subdistrict * f_. Golden Gate Parkway Professional Office Commercial Subdistrict Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ESTATES - MIXED USE DISTRICT a. Residential Estates Subdistrict b. ~=states--Neighborhood Center Subdistrict c. Randall Boulevard Commercial Df=ir!ct Subdistrict d. Conditional Uses Subdistrict Asterisk * with underline and/or strike-through shows scrivener's errors 5 , AGENDA SEP 1 1999 · The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. bou,qdc, dcc. See Map 6 for a detailed map of this Activity Center boundary. 5) Santa Barbara Commercial Subdistrict The intent of this Subdistdct is to provide Golden Gate City with additional opportunities for small scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain Iow intensity uses which generate/attract relatively Iow traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. The types of uses permitted are Iow intensity retail, offices, personal services, and institutional uses, such as churches and day care centers. This Subdistrict is intended to promote commercial development oppo.rtunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity, existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within one additional year. This requirement to cease existing residential uses does not apply to owner-occupied dwelling units. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffering requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does not preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of I acre. 7. Encouragement of shared access. 8. Encouragement of pedestrian traffic by requiring sidewalks .and requiring adjacent projects to coordinate location of sidewalks. 9. Building height limitation of two stories maximum. 10. Signage restrictions. 11. Variance provision applicable to the above items, except Number 4." Asterisk * with underline and/or strike-through shows scrivener's errors 22 ~c.,rd~A ~TEU ,/ SEP 1 1999 ..._ .... ....... /IV% ,,,;ii COt bo ............. ~ ...... ~ ........................... ~ ,~ -~ ................. ~ ....... ._ +.._,, IIV~ ' special ncr bo Golden Gate-Par~ay Professional Office Commercial Subdistrict Tho provisions of this district {see Map 3 g) * are intended to provido Goldon Gate Ci~ with a viable Professional O~ce Commercial District. The Professional Office Commercial District has ~o purposes: · to se~e as a bona-fide ent~ way into Golden Gate Ci~; · to provide a communi~ fo~l point and sense of place. The uses permi~ed within this district are qenerally Iow intensi~, o~ce development and institutional Wpe uses, such as churches, which will minimize vehicular traffic, provide suitable lands~ping, control ingress and eqress, and ensure ~mpatibili~ with abusing residential districts. Asterisk * with underline and/or strike-through shows scrivener's errors 26 A~A SEP I 99 ~ /IV'~"~ _ u--/--~ Randall Boulevard Commercial Subdistrict Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial .Su.bDdistrict has been designated on the Golden Gate Area Future Land Use Map. ,~,l=c S_see Map 6 10'. a) The,.,~ ''~ ...., '.'.'.'~-'.~ .......,.,..,* '.-'__~.~rit~ri"~.-~-.- for the district are as follows: ,,w ^ ~-";""+ "~'"" ~'" eEncouraged to be in the form of a PUD: [3, ("~,,'~mm~,',',.;,-,I , ..~.,--,-, nh,~ll h~ I;,.~;,I.,.-,.,.,I {.,-, ~'h,'~ ~¢,"~ll,-~.~;r,.,~. 6, Fccd ~"'~'"*" 7, H:rd';;:rc St:rec. 11 ~'""";"~' "'""*"' . I~'~;~*~l VJ~i~ ~, ,~,,~'1~'11 ~I ~, I'~;~ :Adequate_ buffering shall be provided from -"";'"""*;"' :',."c. adjacent properties allowinq residential uses. · _..,,,...,..~,'-;----*" -'~-"" "'-"~-'- prcvlclcn: fcr ~.Shared_ parking .......... *~ shall be encouraged with adjoining developments. b) Limitation of Uses - Uses shall be limited to the following: · Automobile Service Station ,, Barber & Beauty Shops · Child Care Centers · Convenience Stores · Drug Stores · Food Markets · Hardware Stores · Laundries - Self Service Only · Post Offices and Professional Offices · Repair Shops - Radio, TV, Small Appliances and Shoes · Restaurants, including fast food restaurants but not drive-in restaurants · Shopping Center · Veterinary Clinics with no outside kenneling Asterisk * with underline and/or strike-through shows scrivener's errors 32 AGENDA ITEM SE? 999 EXECUTIVE SUMMANRY REMEDIAL AMENDMENT CPR-99-2, TRANSMITTAL OF A RESOLUTION TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW OF COMPREHENSIVE PLAN AMENDMENTS THAT PROVIDE POLICIES TO CONDUCT A RURAL AND AGRICULTURAL ASSESSMENT; PROVIDE FOR INTERIM DEVELOPMENT STANDARDS; AND IDENTIFY NATURAL RESOURCE PROTECTION AREAS. OBJECTIVE: REMEDIAL AMENDMENT CPR-99-2, That the Board of County Commissioners transmit a Resolution to the Department of Community Affairs for their objections, review and comment report for Comprehensive Plan amendments that provide policies to conduct a Rural and Agricultural Assessment; to provide interim development standards; and to identify Natural Resource Protections Areas. BACKGROUND: On April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) and on November 14, 1997 adopted the EAR based amendments to its Comprehensive Plan. On December 24, 1997, the Department of Community Affairs (DCA) issued a notice of intent to find portions of the plan "not in compliance". Intervenors entered the process: Collier County Audubon Society, Inc., and Florida Wildlife Federation in conjunction with the DCA and Collier County School Board in conjunction with the County. A formal administrative hearing was held in May, 1998 and the Administrative Law Judge issued a recommended order on March 19, 1999 finding the challenged amendments not "in compliance". The Governor & Cabinet sitting as the Administration Commission issued the Final Order (AC-99-002) on June 22, 1999 which requires the County to conduct a Rural and Agricultural Assessment for a geographic area that includes the following: All land designated Agricultural/Rural; Big Cypress Area of Critical State Concern; Conservation lands outside the Urban boundary; and South Golden Gate Estates. This Assessment may be phased and should be completed, along with the necessary Comprehensive Plan amendments, by June 22, 2002. Until this Assessment, or any phase thereof, is completed the interim development standards will be in place which limit permitted uses in these areas. In the interim period while the Assessment is being conducted, the County shall map the following areas as Natural Resource Protection Areas (NRPAs): Camp Keais Strand; CREW lands; Okaloacoochee Slough; Belle Meade; and South Golden Gate Estates. The general location of these areas shall be refined as actual data and analysis is made available during the Assessment. Within the NRPAs, only agriculture and directly- related uses and one single family dwelling unit per parcel or lot created prior to June - 22, 1999 shall be allowed. The Assessment is required to be a collaborative, community-based effort with full and broad public participation including assistance from state and regional agencies. The Assessment may be phased to meet community needs and geographical differences. CONSIDERATIONS: AMENDED OBJECTIVES, POLICIES AND FUTURE LAND USE MAP: The following new policies have been added; the Future Land Use Description Section and the Future Land Use Map have been amended: 1. Future Land Use Element- add new policies 4.9 and 4.10. 2. Future Land Use Description Section - Agricultural/Rural Designation; Agicultural/Rural Mixed Use District; Rural Commercial Subdistrict; Rural Industrial Subdistrict and the Conservation Desgination. 3. Future Land Use Map to identify Natural Resource Protection Areas. 4. Golden Gate Area Master Plan - Future Land Use Map to identify South Golden Gate Estates as a Natural Resource Protection Area. 5. Golden Gate Area Master Plan - add a Southern Golden Gates Estates NRPA Overlay to the Estates Land Use Description Section. The proposed amendments, identified in Exhibit A (1 and 2), include the cross through and underline document that was submitted to the DCA as the EAR-based amendments. The objectives and policies that are highlighted are those that are have been added to require the interim development standards. GROWTH MANAGEMENT IMPACT: The proposed amendments are required by the Final Order issued by the Governor and Cabinet on June 22, 1999. FISCAL IMPACT: The Administration Commission (Governor and Cabinet), retains jurisdiction to impose sanctions if Collier County fails to rescind these amendments and instead elects to make them effective, or fails to adopt the Remedial Amendments and Interim Amendments identified in the Final Order. The following are the potential sanctions to be imposed: 1. All state agencies will be directed not to provide funds to increase the capacity of roads, bridges, or water and sewer systems. 2. Collier County will not be eligible for grants administered under the following programs: a. Florida Small Cities Community Development Block Grant Program b. Florida Recreation Development Assistance Program c. Revenue sharing pursuant to 206.60, 210.20, and 218.61 and Chapter 212, Florida Statutes, to the extent not pledged to pay back bonds. 2 SEP 1 1999 RECOMMENDATION: The Collier County Planning Commission held a public hearing on August 19, 1999 and continued their discussion until September 2, 1999 to provide time to consider the recommendation of the Environmental Advisory Council which will be meeting on September 1,1999. The Planning Commission recommendation will be reported to the Board of County Commissioners at their September 14 t, public hearing. Staff is recommending that the Board of County Commissioner transmit the attached Resolution to the Department of Community Affairs for their objections, review and comment report. PreparedBy:~ ~, ~ Date: Barbara A. Cacchione, AICP, Manager Comprehensive Planning Section Approved By: //~ ...... Date: Y - ~ ~: '~ ~ ? I , Robgrt J. M/ulhere, AICP, D~rector Plan~Departme~/-~ ~/~ / Approved By: Vinceflt A. "Cautero, AICP,"~orministra~-or Community Development & Environmental Services Division AC.~.N~A ITEM 3 SEP 1 1999 1 RESOLUTION NO. 99- 2 3 A RESOLUTION APPROVING INTERIM AMENDMENTS TO 4 THE FUTURE LAND USE ELEMENT, FUTURE LAND USE 5 MAP, GOLDEN GATE MASTER PLAN ELEMENT AND 6 RELATED MAPS AS APPROPRIATE OF THE COLLIER 7 COUNTY GROWTH MANAGEMENT PLAN TO: MAP 8 NATURAL RESOURCE PROTECTION AREAS AND 9 ESTABLISH PERMITr'ED LAND USES FOR THESE 10 AREAS; PROVIDE FOR AN ASSESSMENT OF ALL 11 RURAL/AGRICULTURAL AND CONSERVATION AREAS 12 OUTSIDE OF THE URBAN DESIGNATED AREA, SOUTH 13 GOLDEN GATE ESTATES AND THE BIG CYPRESS AREA 14 OF CRITICAL STATE CONCERN AND TO ESTABLISH 15 INTERIM DEVELOPMENT REGULATIONS FOR THESE 16 AREAS UNTIL THE ASSESSMENT IS COMPLETED AND 17 THE GROWTH MANAGEMENT PLAN IS AMENDED 18 ACCORDINGLY. 19 2O 21 WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report 22 (EAR) for its Growth Management Plan (GMP) as required by Section 163,3191, Florida Statutes; ~ 23 and 24 WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments 25 to its Growth Management Plan; and 26 WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA~) issued 27 its Notice and Statement of Intent to find the County's EAR-based ame~:lments not in compliance 28 as defined by Section 163.3184(1 )(b), Florida Statutes; and 29 WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued 30 its Notice an~i Statement of Intent to fined certain of the EAR-based Objectives and Policies to the 31 Grow~ Management Plan not in compliance; and 32 WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned 33 for a formal administratNe hearing to review the EAR-based amendments found in non- 34 compliance; and 35 WHEREAS, the petition wes fommrded to the Division of Administrative Hearings 36 (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing 37 took place in May 1998; and 38 WHEREAS, the Administrative Law Judge isaueq a Recommended Order on March 19, 39 1999, finding the EAR-based amendments al issue in no~-~7.omplience; and 40 WHEREAS, the matter was co~sidered by the Governor ancl Cabinet sitting es the 41 Administration Commission on June 22, 1999 pursuant to Subsection 163.31~4(10Xb), Florida 42 Statutes; and ~ ~,...., 43 WHEREAS, pursuant to Subsection 163.3184(11 ), Florida Statutes, the Adminiatratio~ 44 Commiesi<x~ is authorized to take final agency act~n regarding ~ ~' nnt ,".~,~--'-~-'---~'-- ,, AGENDA ITEM 45 platt amendments are in com~illn~e; and .v.~/-..~ ~ ~'1 SEP 1 1999 1 WHEREAS, the Administ~'ation Commission, upon revm~V of the Record of the 2 edminist~ative headng, the Recommended Order including the Findings of Fact and Conclusions 3 of Law contained therein also found the EAR-based objections and policies at issue not in 4 compliance; and 5 WHEREAS, the Administi'ation Commission on June 22, 1999 entered a Final Order 6 directing Collier County to adopt Interim Amendments to the Growth Management Plan by 7 September 14, 1999; and 8 WHEREAS, Collier County has prepared and the Collier C,~xJnty Planning Comm~esion 9 has considered the progosed Intedm Amendments to the Growth Management Plan pursuant to 10 the authorff7 granted to it by Section 163.3174, Florida Statutes, and has recommended approval 11 of said Interim Amendments to the Board of County Commissioners; and 12 WHEREAS, upon receipt of Collier County's proposed Interim Amendments, the DCA has 13 thirty (30) days to review the proposed Interim Amendments and DCA must then transmit, in 14 writing to Collier County, its comments along with any objections and any recommendations for 15 modification, within said thirty (30) days pursuant to the Final Order of the Administration 16 Commission; and 17 WHEREAS, Collier County, upon receipt, of the written comments from DCA must adopt, 18 adopt with changes or not adopt the proposed changes to the Intedm Amendments, within thirty 19 (30) days of such receipt pursuant to the Finat Order of the Administration Commission. 20 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 22 The Board of County Commissioners hereby approves the proposed Intedm Amendments 23 and any maps related thereto attached hereto and incorporated by reference herein as composite 24 Exhibit A for the purpose of transmittel to the Department of Community AJfairs thereby initiating 25 the required State evaluation of the Interim Amendments prior to final adoption and State 26 determination of compliance with the Final Order of the Adminisbrati~3 Commission, the Local 27 Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 28 9J5, Florida Administ~'ative Code, Minimum Criteda for Review of Local Government 29 Comprehensive Plans and Determinafi(m of Compliance. 30 31 32 33 34 AG~A ITEId SEP 1 q 1999 1 THIS Resolution adopted after motion, second and majority vote. 2 3 Dane this .. (~ay of ,1999. 4 5 6 ? 8 9 10 ATTEST: BOARD OF COUNTY COMMISSIONERS 11 DWIGHT E. BROCK, Cle~ COLLIER COUNTY, FLORIDA 12 13 14 15 BY: 16 PAMELA S. MAC'KIE, 17 Chairwoman 18 19 20 Approved as to form and legal sufficiency: 21 22 23 25 Ma~ Fa, Studeht " 26 Assi~lam County Attorney '~"'~' 27 28 29 3O 31 32 33 35 37 38 39 40 41 42 43 45 1999 Res~utlon/June 22, 1999 Administration Commission's Final Orde~ Exhibit A-1 FUTURE LAND USE ELEMENT " Policy 3.2: Ac.~ ......... ~**~ prc~:c '~ ................. * ..... '~'~ '~ The Land Development Regulations have been codified into a sinqle unified Land Development Code (Ordinan~ 91-102}. l~he development review process chal~ 5c has been evaluated and improved by *~c *; ..... ~'~ *~' *~ ~*;~" ~* ' .............................. . .................. ,~ ........~, ,u cny~ ~ to focus on efficiency and effoctiveness through unifimtion of aU review staff in a single organizational unit and through ~ ~ ~~roc=~ure~ A~cc ..........., ' ~" ~ ~, ~* ;~' .... ';~ ~" ....... OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resour~s, public facilities, e~nomic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Gro~h Management Plan and fudher its intent. Policy 4.1: A detailed gactar Master Plan for Golden Gate Estates s~al~ has bee2 dowlop~d and was incorporated into this Gro~h Management ~lan ~y. ~,~u~* in Februa~, ~. lhe ~.~,e~*~' Master ¢~an s~l.,~, addrossos~ ~atural Resources, Future kand ~se, Water Management, Cublic Facilities and other ~nsidorations. ¢oli~ 4.2: ~ dotailod Master ~lan for the Immokalee has been devoloped and was incorporated into this Gro~h Manaq~ment ~lan in Fobrua~, ~. The Master ~lan addresses ~atural Rosourcos, Futuro Facilities, Housin~, Hrban Design, kand ~eve~opment Ro~ulations and other considerations. Malor purposes of the Master ~lan shall be coordination o~ land uso and transpo~ation planninfl, redevelopment or renowal o~ bliflhted areas and elimination of land uses inconsistent with tho communi~'s character. 17 - AGENOA IT'Eh SEP 1999 Shaded and underlined portion is added; shaded and struck-through portion is .=lete#., ~ 4icy 4.3: Jetailed Master Pla,~ for Marco Island has been developed and was incorporated into this Growth Management Plan in January, 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 42- --4: Corridor Management Plans cbc!! have been developed by Collier County in conjunction with the City of Naples. ""`4. ,,,; ........ , ~.v,....,...*",4 ,,,;"*".. ,k;.. ~ .... ,,k ~s ........ , ,'~,.... k,, ^ ...... * Inn'1 The Plans ..k.~. ~dentify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans chef! have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. .~. mcjc; ..., ~........ ......... ..,~ +~'.,, c ....,, ,...., ........;,4 ....,--, ,--"' .... ~, ,_,,k"" k...,., v,,,, ,,,"';"";""+;, .. ., ...... ..,, .., , ........,..., ,,4' ,..-.....-.~,.., ........ w~th thc c. cmmunL"/': chc;cctcr. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Management Plan will be established prior to the development of the Plan. Corridors that may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to Airport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for completion. ~'~ Policy 4~ 5: ...An Industrial Land Use Study chcll has been developed and a summary incorporated into the support =ument of this Growth Management Plan. k,, ,k,, ,-, ...... ;~,, r-, .... , ..... , ~,...,;,..... r~,,;,.~..,. · ..'93. The study chef! includes a detailed inventory of industrial uses, projections of demand for industrial land. and recommendations for future land use allocations and Iocational criteria. /~.,~y ~";""*;......:....., ..... · - ..... :,. r~ .... , ..... , r. ..... . ..; r,..,;... ,', .... ~,, t ~r~,~ completion of the Economic Plan, a study will be undertaken to identify the need for additional Industrially designated land within the Coastal Urban Area. (.ri.n, ~tm ,v,,~ Policy 4.4 6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future land Use Map =~=~! have been_ developed and incorporated into the Collier County Land Development Code. I't .... k.~.- 4~A Thc ^ ..... .s ........ + Plc~C. "'"' ; .. ,.~ .. ,4 .. ,4, , , +.........;..;....;...~ ,k., ,.. ....., ,..,, k...~..., The intent of the.cc Access Management Plans racy bc ~s defined by........, ......, , ~. , , .. ,' ~ " k -- ,4, .. .. .. .. , ,' '"~"",~ the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions which are created shall be encouraged to dedicate cros s-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c,) are complied with. SEP 1 1999 Shaded and underlined portion is added; shaded and struck-through portion is ,letepd~. Policy 4.7: F~.development Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encouraqe redevelopment. For properties that have been reviewed under the Zoninq Reevaluation Proqram, changes to the density and intensity of use permitted may be considered, in order to encouraqe redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pullinq Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.6_8: Maintain and update, on an annual basis~_the following demographic and land use information: ~e_xisting permanent population, existing seasonal population, projected population, existing dwelling units ,_and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. Policy 4.9 Prepare a Rural and Aqricultural Area Assessment, or any phase thereof, and adopt plan amendments necessary to implement the findings and results of the Assessment, or any phase thereof, pursuant to the Final Order (AC-99-002) issued by the Administration Commission on June 22, 1999. The geographic scope oT the assessment area, public participation procedures, interim development provisions, and the desiqnaqon of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the Agricultural/Rural Designation Description Section. Policy 4.10 Public participation and input shall be a primary feature and goal of the planning and assessment effort. Representatives of state and regional agencies shall be invited to participate and assist in the assessment. The County shall ensure community input throuqh each phase of the Assessment which may include workshops, public meetings, appointed committees, technical workinq qroups, and established advisory boards including the Environmental Advisory Committee and the Collier County Planninq Commission in each phase of the Assessment. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. 19 SEP I I999 Shaded and underlined portion is added; shaded and struck-through portion is dE eted p~,. ~' licy 5.1: rezonings must be consistent with this GrowtL Management Plan.,"",,..,,.,....'~ ..., ,,.' '";' ,.......,v~.,,,..,,...r" .... , .....*~ (PUD) Property zoned ........ '~ prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted tc mckc sha~=~jes to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units~ and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 PUn ~"""""~"""" .... *" * .... '~ ..... *"' '"'"" ...... '"'~ ..... *~ ""'~ ""'~'"~ · _, .......... ~ .... ~. ........... , ...... , .."c';;cr ........ ~..,. .............. ,.. ..... , are not increased '"~' ..... * ...."'~""*'"' -'""""" '~;"*';"* .... ""'" ....,+;+',..'*".v c '"'~'.'"*;""., , '" '~""~*' .... "" clcc bo Policy 5.2: All proposed development shall be reviewed for co0sistencyw,,,,.,,_,'" .... ,~.. with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners" ...... ~i~,.- ........ ~. ...... shall not be permitted. SEP 1 1999 Shaded and underlined portion is added; shaded and struck-through portion is (.v.} 'rk.~ k .... .a.-.,.~..~ ,..~ +h~ ",,-k.-.,-. ~.-.~, ,m,.:..., r-,~.+,.~..+ ..,.,, + .... :+~..,....,,. +k......~.-.,... +s., ....... ,.-.,.,~ +k.-.:,. ,.,~,.;....~+..,.~ It i~ r,,.,,.,,.,~l.,l~ +h.,-,+ ,.a, ,~, +,.., ,.,I-,~,~,..,~,.,, ,.,,..,,-,,-I;+;,-,,,,,., ,,,;a.l-,~r~ +h~ ?N,..,, ,~a-,, +1,, ~ ,,,~,~y 6,,,-, ~,,4 4~,..,,..-,,-I~;+;,.,,,.,,-,I Thcsc inclufic " Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I.Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with Iow structural density where buildinq coverage ranges between 25% to 45% and landscaped areas provide for bufferinq and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. V4)II. A6RIOULTURAIJRUR~L BE$16NATION Rural & ABricult, lral ~o"ea Assessment The Governor and Cabinet sittinq as the Administration Commission, on ,June 22, 1999, issued the Final Order (AO-99-002) pursuant to Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearing Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Aqricuitural Assessment (Assessment). This Assessment may be phased. ! 4--6 SEP 4 1999 Shaded and underlined portion is added; shaded and struck-through portion is de eteo°g· 'e Geographic Scope of the Assessment Area shall be as follows: ;ludes: All land designated Agricultural/Rural Big CvDress Area of Critical State Concern Conservation lands outside the Urban Boundary South Golden Gate Estates Excludes: AIl Urban designated areas Northem Golden Gate Estates The Settlement District The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad- basedpublic participation and assistance from applicable State and Regional agencies. At a minimum, the Assessment must identify the means to accomplish the following: 1. Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. Assess the growth potential of the Area by assessing the potential conversion of rural lands to other uses, in appropriate locations, while discouraging urban Sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques including, but not .. limited to. public and private schools, urban villaaes, new towns, satellite communities, area-based allocations, cjustering and open space provisions and ~-. mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantaqes of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Interim Development Provisions for the AoriculturallRural Assessment Area Amendments based on the Assessment shall be completed by June 22, 2002. Residential and other uses in the Area for which completed applications for development approval, rezoning, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to June 22, 1999, shall be processed and considered under the Comprehensive Plan as it existed on June 22, 1999. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land us~- controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase, becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect, the only land uses and development allowable in the area shall be those set forth in the Aqdcultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22. 1999 for the Agricultural/Rural District, except the followinq uses are prohibited and shall not be allowed: 1. New golf courses or ddvinq ranges. 2. Extension or new provision of central water and sewer service into the Area. 3. New Package wastewater treatment plants. 4,, .. Residential development except farmworker housinq or housing directly related tn suooort .farming operations, or staff housinq (12 du/ac) and other uses directly related tothe management of publicly-owned land, or one sinqle family dwelling unit AGENDA rrna per lot or parcel created prior to June 22, 1999. Ne.~ """""46.1 SEP 1 Shaded and underlined portion is added; shaded and struck-through portion is deleted 5. Commercial or industrial development except gas andtelephone facilities, electric transmission and distribution facilities, emergency pow~.r structures, fire and police stations, emergency medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. .7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Recreational Vehicle Parks These interim development standards shall not affect or limit the continuation of existing uses. Existing uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existinq uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existinq use and do not require a rezoning or comprehensive plan amendment; Natural Resource Protection Areas (NRPAs) The following areas shall be generally mapped and identified as Natural Resource Protection Areas (NRPAs): Camp Keais Strand, CREW Lands, Okaloacoochee Slough, Belle Meade and South Golden Gate Estates. Natural Resource Protection Areas (NRPAs) are designated on the Future Land Use Map: 1. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not affect or limit the continuation of existing uses. Existinq uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoninq or comprehensive plan amendment; 3. The general location shall be identified on a map as the interim NRPAs and shall be refined as actual data and analysis is made available durinq the Collier County Rural and Aqricultural Area Assessment. 4. The Camp Keais Stand and Okaloacoochee Slough NRPAs include agricultural reservoirs (stormwater treatment systems) that function as significant wildlife habitat and are an integral part of current agricultural uses. The identification of these systems within the listed NRPAs shall not preclude the future use of these systems for agricultural purposes or imply more stringent water quality standards, notwithstandin,q any permitting requirements contained in the South Florida Water Management District's ERP permittinq program. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of 46.2 ~ SEP 14 Shaded and underlined portion is added; shaded and struck-through portion is deleted Iow intensity in an effort to maintain and promote the rural character of these lands. A limltcd f""'"*;....,,,.,..., ..... ...,~'.,, ,~, ,~n~ , '""'v,, ......"~*'"~*:,..v., .... .. ,, .~, ,.'~,.,'"'"*"'~.... . prccCSsln~; ,...~., ,-,."""~'"'* ~.,.~,"~""*,. ....~"' 3 ~'""'~;*;"'""'v~,, .. ,., .. ,,-, Cdtlcc~ °~'c '"""cc'" "c '~"":"'"'~ "" *~' c,,+ ...., ~...~, ,.-.. ,a .... .~ ;,. -..., ,......,~.~ ..,..;.. ~ n~ foci of a The following uses are permitted in this District, subject to the Interim Development Provisions: a. Agricultural uses such as farming, ranching, forestry, bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five qross acres, except for e.qal non- conforming lots of record; co Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; e. Essential services as defined in the Land Development Code; ~ Safety service facilities; Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners· · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal reflu ations h. Communication and utility facilities, except for central water and sewer facilities as noted above; i. Migrant labor housing as provided in the Land Development Code; j. Earth mining, oil extraction and related processing; k. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation; I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farminq, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limitinq access to the commercial use; m. Commercial uses, within the Rural Commercial Subdistrict, based upon criteria; n. Industrial uses within the Rural - Industrial District; o. Travel trailer recreational vehicle parks, provided the follow ng criteria are met: 47 No. SEP 1 1999 Shaded and underlined portion is added; shaded and struck-through portion is del ;tedP~· .~'~/' 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the '1 ~affic Circulation Element, direct principal access defined as a driveway and/or roadway connection to the arterial road, with no access points from interveninq properties; and, 3. The use will be compatible with surrounding land uses. A. AqriculturallRural - Mixed Use District gtc:= ccrc.s. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. 2 Ccm,.--.crc~=~ ' ' I I~.i~. I'~,-,.l.,.~.,..~ fcll...,;.~.-. ~*.-,.-,A.-..-A.-,..,.....,.. ~,-.,-,v, b. Thc "'""""* ............................. ~ ................ ~:C~I ....... d Thc "'"I""* I'' ,......,...~.. ..... ..,, ..,, .,"""";'"'.~,, , .... .. il...-,.... rc'''~ ....... The purpose of this District is to protect and encouraqe aqricultural activities1 conserve and preserve environmentally sensitive areas1 provide for Iow density residential development1 and other uses identified under the Aqricultural/Rural Desiqnation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed as follows subiect to the interim development provisions: a. Low density residential dwelling units1 at a maximum density of one dwelling unit per five qross acres, except for legal non-conforminq lots of record., b. Dormitories1 duplexes and other staff housing1 as may be provided in coniunction with conservation uses1 at a density in accordance with the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housing in coniunction with safety service facilities and essential services1 at a density in accordance with the Land Development Code; e. Farm labor housinq in accordance with the Farm Labor Housinq provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. 48 AGEI'q~A iTEM SEP 1 1999 Shaded and underlined portion is added; shaded and struck-through portion is r 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providin.q the following standards for intensity of use are met and subject to the interim development provisions: a. The proiect, or that portion of a larger proiect which is devoted to commercial development, is 2.5 acres or less in size; b. The proiect, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or desiqnated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The proiect is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The project is buffered from adiacent properties. (-'?,B. Rural - Industrial District d;,~4..;i..I, ,4..',...., .A .~.+~hc," k.-.,..;,` ;,.,A, ,,.,~..;,`1 ....... A .... ;k,...A ;,., fl.,,` '7....-.;...~ ~",.A~ ..... ,fl.,... I...A, ,efri.-,I ~n.-4 I i~,hf ...,"~"';~·,. , CC~$CtC: ~, ICCC~ '"",4 +h..~ ,4 .....~ ~""'""" C "'"'~""'~"""~......, .., ,.,~ ..... :,4"'"~;"',, , .... . m.,`-y [~cludc h...·,,,..4..-;,-.I,_, I,.......4,_, ,~. 'rl"/",,~,O., ,. "',`'",4;4.;"*"*'"'w, .................. ... ..,. .,,. k, ,:1,4 ...,, ,4. ,`. I,*..-,b,.,...., ~.t..., ¢, L: +,'- '-,"C,.-.., · ;, ....... .......4 4:,..~-.ilifl,-.- ¢,-.. ~,, ,..-~,-,+, ~-i+.-.~-, . ............ '"'""'"C.~C ................... 2...,.., ,, ,..,,.. ..... ;"'4. .... ~ '~'",4 "'"'~' .... ~' '"",4 '"""'4."'"[ .... 4. .... ,4 ....... ,,'~,U~ k ...... .',4,~,4 .... :.- ..~.....-. ~1C ..... ;,.,4, .-*..'.-4 [,-...,4 ..... hl-,.,~ll k~ ,.,.~r-,.Y.,;44....,.A ;)-,. {hr,, Ar,`,-,, r.,4: /'"%,';4.;~",.,',.I C~4...~4.,` /'"~,`,.,,`,`~,..~ E,`,.' 4.1~,`~, ,,',Nr-.t.r,,L", ~C ;,"~4.r,,.,-,',,.,-,.',4.;,~r, 'fi-,;,.,. ,',,`1;,`',,; ,,',.[I ,N,-,.,4 ~'.,,'~,,. The Rural - Industrial District, which encompasses approximately 600 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subiect to the interim development provisions. Besides basic Industrial uses, limited commercial uses are permitted: Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District the perimeter of lands desmated Rural - Industrial District, as of October lggT, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service predominatel¥ .residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this District, oil and gas exploration, drilling, and production shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: AGENDA 49 $£P { ;999 Shaded and underlined portion is added; shaded and struck-through portion is deleted a. Manufacturing; b. Processinq; c. Stora,qe and warehousing; d. Wholesaling; e. Distribution; f. Other basic industrial uses as described in the bdustrial Zoninq District in the Land Development Code; g. Support commercial uses, such as child care centers and restaurants. C. Rural - Settlement Area District ; 3crcc in ' · U. EaCh mlnlnu; and Ccune/. This District mnsists of Sections 13, 14, 23, 24, and a potion of 22, Township 48 South, Range 27 East (the former ~o~h Golden Gato Subdivision), which was zoned and pla~od be~oen ~7 and ~070. In se~loment of a lawsuit po~ainin~ to the pormi~od usos of this prope~, this propo~ has boon "vestod" for tho usos spocifiod in that ce~ain "~HD b~ Se~lemen~' zonin~ ~ranted by the Goun~ as referonced in that SE~LEMENT AND ZONING AGREEMENT dated the 27th day of Januaw1 1986. This Seffiement Area ~mmonly known as Oranqetree PUD. Refor to the Golden Gate Area Master Plan for pe~i~ed uses and standards. A~A 5o SEP 1 199 Shadod and undodinod podion is addod; shaded and struck-through potion is deleted ESTATES DESIGNATION .e Estates Land Use Designation are encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from support iv_.~e services and facilities. Expansion of the area 'Mil shall be discouraged. O!l)Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. IV. CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays and wetlands deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County owned, primarily, by the public, althouqh private in-holdin_qs and privately owned conservation areas do exist. This Desiq.nation includes such areas as Everqlades National Park, Bi(] Cypress National Preserve, Florida Panther ~.[etional Wildlife Refu(]e, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay lional Estuarine Research Reserve, Delnor-Wi.qqins Pass State Recreation Area, and the National Audubon ..,ociety's Corkscrew Swamp Sanctuary (privately owned)v.~'"'--~"-'~". ~"'" .... ' .....+ "~ *" ........... fcu,qd .................. ch'",. ............ - · ~ ....................... , ,, , -,, , ~ ............ ,. .......... ~ .......... Thc r,......,, , .-.,*;""',, m...-.;..,....,; ..... ~lf ....... 4.-,,.. ~r, ,,,.. ....... ,.. '"'C"',, ,, ;,-(,---.*:-.' ..... ~ ~,-,,-.I, ,,.1~ ....... *;,-,, ' - ~c~cd r~;..0.;.., racy """""~""~'"' ~' ...........~I ..... ccq'.'ircd The boundaries of the Conservation Designation ~, p.-.,,,v~,,..~.~,,j v, ,,.,, ,~,.., ~-,~, t.,,..,[~, ~[-..,~., ,.,,,.. . may periodically change as properties are acquired. Standards for development in the Conservation Desi(]nation are found in the Conservation and Coastal Management Element and the Count's Land Development Re(]ulations. The Conservation Desi._qnation will accommodate limited residential development and fl~ture non-residential uses. The followinq uses ar~ permitted in this Desi(]nafion, subiect to the interim development provisions identified in ~he A(]dcultura]/Rura[ Desi(]nation Description Section: a. Sin(]le family dwe]lin(] units, and mobile homes where the Mobile Home Zoning Overlay exists, at ~ maximum densi~ of one dwellinq unit per five (]ross acres, or one dwel[in(] unit per 3 ~ross acres for private in-holdinqs within the Biq Cypress National Preserve - each dwellinq unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdinqs within the Big Cwress National Preserve. b. Don'nitories, duplexes and other staff housin(], as may be provided in coniunction with conservation uses~ at a density in accordance with that permitted in the Land Development Code; ~,6rt~D~ iTt,~ 51 $£P 999 Shaded and underlined portion is added; shaded and struck-through portion is de ;tee c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housinq in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; e. Farm labor housing in accordance with the Farm Labor Housinq provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. Essential services as defined in the Land Development Code; h. Parks, open space and recreational uses; i. Community facilities such as churches, group housinq uses, cemeteries; and schools which shall be subject to the followinq criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subiect to all applicable State or Federal regulations. i. Commercial uses accessory to other permitted uses, such as restaurant accessory to operation of a Park or Preserve; k. Safety service facilities; I. Utility and communication facilities; m. Earth mining; n. Agriculture; and, o. Oil extraction and related processinq. IlV'~ A D~ ,~.,. - T~..'.. n.',.,.:.., .'.,..,,,.~.. ='--'.ch ...... ~ = ..... '"'""" ,N=t[=n=~ P=r~ ";" r. ....... k,.....,.~, ~ ......., F:~=hatchc: o.-., ,~.~Ct[C~C[ '"~.* .... ;"'C Sc,qot-'-'c,"'~' o,.,.,.,4 ~,.,,.. ~ ....... ~,,..;,.. o..,..;....,., o,~,.. Pcrk Rcokcw ....¢ ........ ,.,....', ..... ;,4,...,;,.,,... ,4 .... , ..... , .... ~'" "",, ..... . '~ '";"';" thccc ...... .. , ..,.......',..,, ,,... ,4......i,,, .., 4 , ,,.it per 5 grccc ..... However '";"';" *~'" "';" ~' ....... ,,,,.,;,....., r-, ......... ;'"'*" "" ~'"'"";"~" mc:,' ~'" '~ .... '"'""'~ ~"' rcsidcntlal usc with: mc×im,,'..',m -~-"-""*" -'~ I ' '";* ""' '~ ¥. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands desiqnated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland}. Chokoloskee is excluded from the Biq Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter ~ 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern" cr thc , ..~.,..,,,.., ,.,,"'*" ...... ..,,,v,,v.~';"~' ................., .., .. ,, ,.., .., .. ~.,";"*;'"',~.,. ... T~.,-.,,,.. Those regulations include the following: AGENDA ITEM 52 ~ .~,~,,~,2 SEP 1 19,.,. Shaded and underlined portion is added; shaded and struck-through portion is deleted FUTURE LAND USE MAP ~ ........ ~ ...... : Exhibit A-2 Golden Gate Area Master Plan · b=-Site shall be no closer than ¼ road mile from the intersection of a Neighborhood Center; · ~-. Site shall be 2.5 acres or more in size and shall not exceed 5 acres; · d=. P. revisie~=~ Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · e=. Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and · Site shall not be adjacent to parks or open space and recreational uses; · Site shall not be adjacent to Essential Services, except for libraries and museums. · Project shall provide adequate buffering from adjacent properties allowinq residential crcc-., uses. V-I} Grc-'-'~ Hcu.~b.3 whlch mc:,' ;"~'" "~" +~'" ~'"' .... ;"~" = "";'y "'"'"' Fcc~i."~ ~ ..... ,'....~ FcclIi.~/ r..,.,., m .... I ..... + r,,.,,4,. /~.,4.' ..... 0~ ,~n'-) ,-, ,4 .. ,., , ,-. ,a ~,.~,.~,-,,-on ~nn4 ~nd .... ;,,,,.,,.,,.,;~ I....--.,=.......I ;cq.'-'i;cmc,?,c ......... ~v/ ~.C rccP, c ...... ~ ................ 5) Southern Golden Gate Estates Natural Resource Protection Overlay Southern Golden Gate Estates is identified as an Natural Resource Protection Area {NRPA) Overlay on the Golden Gate Area Future Land Use Map. Natural Resource Protection Areas {NRPAs} are desiqnated on the Golden Gate Area Land Use Map: .1. Within these areas, only aqriculture and directly-related uses and one sin.qle family dwellinq unit pe~ parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim development standards shall not be interpreted to affect or limit the continuation of existinq uses. Existinq uses shall include those uses for which all required permits have been i~sued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existinq use and do not require a rezoninq or comprehensive plan amendment; 3. These areas shall be refined as actual data and analysis is made available during the Collier County Rural and Aqricultural Area Assessment. 3. AGRICULTURAL/RURAL DESIGNATION - SETTLEMENT AREA DISTRICT Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SE'I-rLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This area is now known as the Orange Tree PUD and the types of uses permitted are described in the PUD Document. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the property as an area which is outside of the Urban Designation and which is currently far removed from supportive services and facilities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying similar uses on surrounding or adjacent property. The Settlement Area Land Use the area described above and shall not be available as a land use district for any other prop rty i~,~ 35 SEP 1999 Shaded and underlined portion is added; shaded and struck-through portion is elet~l.., MAP 2 O0,.D~N 0^~ ^.~^ GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND FUTURE LAND USE MAP ACT~VJT~ ~TEn ~ GOLDEN Ca~[ NAPLES ]MMOKALEE ROAD NAPLES IMMOKALEE ROAD ~ULEVARD GOLDEN GATE WHITE BLVD. O GOL~N GATE PARKWAY S.R.-84 ~E881~AL DAV]~ BLVD. EXT, S.R.~4 YOUNG, VAN ASSENDERP, ¥'ARNADOJ~ ~ ."~_NDERSON, P..{. Attorneys ~t ~w ~E~L~ TO: ~RUCE ANDERSON ~LLiE'~ H~LL H. Cox POST 0~rlCE ~OX J833 L~URENCE ~EESEY TELEPHONE ~8~0l 2~2-720~ VAN AS~ENDER~ TELECO~IER (850~ S~I-6834 YOUNG SuNTRuST ~UILDING NAPLES, ~LOR~OA 34101-7~07 B. ERW~N TELECO~ER ~941~ 597-I060 TO: Rebe~ J. ~ulhere FROM: R. Bruce Anderson DATE: August 25, 1999 SUBJECT: Planning Commission and County Commission Agenda Packets - North Belle Meade NRPA Please include the attached Preliminary Environmental Assessment Report which was prepared by Geza Wass de Czege of Southern Biomes, Inc. and the memorandum to Robert L. Duane at Hole, Montes & Associates from Lloyd Horvath of Water Resource Solutions regarding Evaluation of Shallow Groundwater Levels on the property proposed to be included in the North Belle Meade NRPA. Please include these reports in the agenda packet for the Collier County Planning Commission meeting of September 2, 1999. I would ask that these two items also be included in the agenda package for the Board of County Commission meeting of September 14. 1999, at which time the North Belle Meade NRPA will be discussed. Please feel free to contact me if you have any questions. Thank you. SEP 1 1999 Preliminary Environmental Assessment Report East Naples Land Company (3,000+ acre Tract) Sec. 21, 22, 23, 24, 27 & 28, T49S, R27E Collier County, Florida East Naples Land Company, Inc. 1051 Clark Street Abingdon, VA 24210 Tel: (540) 628-1173 Fax: (540) 676-3236 Engineers: Hole, Montes & Assoc. 715 Tenth Street South P.O. Box 1586 Naples, FL 34106-1586 August 24, 1999 Southern Biomes, Inc. - ~of EnvironmentalServices 1602WoodforclAve.,Ft.~,R. 33~1 - malto: P.O. Box 537 Cape CoraI, FL3391~ AGEND~tf'~ Pt~: (941)334-6766 - GeaaWc~cleC;aege, Preelde~t Fcm(94! 337 __-Y~a~_ ~_~ SEP I 4 1999 Pg. --~-~ ___.__ Southern Biomes, Inc. Div/s/on of Env/ronmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - Mail to: P.O. Box 100537, Cape Coral, FL 33910-0537 Tel: (941) 334-6766 Geza Wass de Czege, Pres/dent Fax: (941) 337-5028 East Naples Land Company 3,000 acre Tract Sections 21, 22, 23, 24, 27 & 28, T47S, R27E Collier County, Florida Site Location Map ROCK ]~tue IAnes = Adjacent/Influencing Canals Red Lines = Proposed N. Belle Meade NRPA Maroon Lines - Subject Property Boundary S E P 1 4 1999 Southern Biomes, inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mall to: P.O. Box 100537 Cape Coral, FL 33910 Ph: (941)334-6766 - Ge~aWc~deCzege, Preddent Fa)c (941)337-5028 Preliminary Environmental Assessment for East Naples Land Company 3,000~ acre Tract) In Sec. 21, 22, 23, 24, 27 & 28, T47S, R27E, Collier County, Florida Date: Aug. 24, 1999 PRELIMINARY ENVIRONMENTAL ASSESSMENT I. SITE DESCRIPTION: The subject property consists of six (6) sections of land, and is located approximately four (4) miles east of State Road 951, and one (1) rnfle north of Interstate 75. The large Golden Gate drainage canals are within one (1) mile to the north, one mile to the west, and the easterly section fringes a canal to the east. Also, the Interstate 75 drainage canal is located one (1) mile to the south. The northwesterly Section (Section 21) abuts APAC Mining on the north side, and improved pasture to the west. The remaining sections are adjacent to 5-40 acre tracts which have remained forested for the most part. Due to longer term drainage influenced of the Golden Gates canal system, this entire area has suffered from surface hydrology reduction, which in turn has impacted nil the wetlands in the area. The once large cypress flowways have become isolated and dehydrated, with a dominance of upland vegetation encroaching in all but a few isolated depressions. Extensive melaleuca and Brazilian pepper has invaded following several severe wildfires which killed almost all of the cypress forested areas. Cabbage palm and fox grape forests are becoming the dominant plant community. Wetland communities have been altered from once having an 85% coverage, consisting of large flowways, to a 15 to 20% coverage, consisting of isolated depressions. The 6 sections associated with East Naples Land Company, due to significant impacts related to wild fires and melaleuca invasion, was cleared of underbn~sh, melaleuca, and trees less than 4 inches in diameter, via the use of a hydro-axe. Old stumps and fallen logs werq collected in large wood piles to simplify future maintenance for cattle grazing. Today, the dominant feature consists of a large open vista of cattle grazing land consisting of approximately 80% of the western sections and 40 to 50% of the eastern sections. The are~.-, have been annually maint~ined by bush-hogging to reduce melaleuca and shrub regrowth, and to improve cattle grazing primary vegetation consists of an open canopy of widely scatiered si [sh - 2- SEP 1 4 1999 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myms, FL 33901 - mall Io: P.O. Box 100537 Cape Co~al, FL 33910 Ph: (941)334-6766 GezaWassdeCzege. Preddent Fax: (941)337 _-,50~__ Preliminary Environmental Assessment for East Naples Land company 3.000~ acre Tract) in Sec. 21, 22. 23, 24.27 & 28, T47S, R:27E, Collier County, Florida Date: Auk 24, 1999 SITE DESCRIPTION: (cont.) pines, cabbage palms, live oak, laurel oak, and cypress. The midstory vegetation was limited to the regrowth of Brazilian pepper, melaleuca, lantana, beautyberry, and wax myrtle, with lantana being the most dominant. The ground cover was dominated by Bahia grass., fox grape, black berry, wire grass, foxtail grass, rustweed, goatweed, dogfennel, ragweed, button plant, blood leaf, chocolate weed, rabbit tobacco, pepper vine, tropical carpet grass, Florida Reimer grass, bunch paspalum, matchweed, and torpedograss. Forested areas consist of either open pine and oak, with herbaceous understory, dense cabbage palm forests, or cypress forests. The cypress forests were either fox grape, beautyberry, and Brazilian pepper invaded uplands, or Brazilian pepper and melaleuca invaded wetlands. Non-forested wetlands consisted of seasonal ponds and marshes with most of the cypress trees burned, dead, and fallen, and with scattered remnant cjusters of buttonbush, swamp dogwood, and willow. The dominant herbaceous plants consisted of smartweed, maidencane, bog hemp, ' dogfennel, blackberry, pepper vine, matchweed, panicums, diodia. Reimer grass, beak, rush, foxtail, swamp fern. and saw grass. In summary, a majority of the site has been cleared for cattle grazing, the vegetative communities that historically were wetland, have lost the required annual surface water hydrology. With the exception of a few depressions, the wetlands have revegetated with transitional wetland species, which were already established and grow under less hydric conditions, and opportunistic upland species, which typically move into stressed or altered habitats. It should also be noted that upland species will not ir~vade into viable, wetland habitats unless the natural hydrology has been removed. It is evident that both cabbage palms (FAC), lantana (UP), beautyberry (UP), Bahia grass (UP), and grape vines (UP) are becoming dominant species in both the uplands and the historic wetlands, which clearly demonstrate that the wetlands are rapidly transitioning to uplands. ^~E~p~ l~J_~ -a- SEP 1 l 1999 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort My~, FL 3390! - mall fo: P. O. Box 100~7 Cap~ Coral, FL 33910 Ph: (941)334-6766 GezaWa~deCzege, Preddent - Fa~c (941)337-5028 Preliminary Environmental Assessment for East Naples Land Company 3,000i acre Tract) In Sec. 21, 22. 23, 24, 27 & ~-8, T47S, R27E, Collier County, Florida Date: Aug. 24, 1999 SITE DESCRIPTION: (cont.) The proposed Natural Resources Protection Area (NRPA) boundaries will directly impact the use of four sections associated with the East Naples Land Company. However, only the western most two sections will be discussed in this assessment report for possible exclusion from the NRPA boundaries since these are the only sections which have had recent environmental assessment conducted. Should exclusion not be an option, modification of the boundaries to include only the eastern half of the two sections would be a second option. ~ the northwestern most .section which has been included within the North Belle Meade NRPA boundary, has less than 10°/5 of wetlands on site. These areas are small, isolated depressions located along the south central portion of the section. The rem_~jning area consists of pine dominated flatwoods, dense cabbage palm forests, or cleared areas for pastureland. The cleared areas are primarily along the western portion of tt!,e section, and extend easterly through the central portion. The cleared areas have scattered cjusters of pines, live oaks, and/or cabbage palms. The dominant ground cover consists of wire grass, blue maidencane, broomsedge, carpet grass, fox grape, rabbit tobacco, bunch paspalum, rust weed, blackberry, goat weed, button-plant, and lantana. ~ which is the southerly section of the East Naples Land Company's holdings proposed for inclusion into the North Belle Meade NRPA boundary, has had the western half almost entirely cleared (90%), with the exception o'f several pine-cabbage palm-p~Imetto or cypress-melaleuca islands. The eastern half is more forested, with only about 25% of it cleared for pastureland. Another significant factor influencing this section is the degree of melaleuca invasion within all the cypress forested areas and portions of the cleared areas (>50%). - 4- SEP I 4. 1999 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodfo~d Ave., Fod Myers, FL 33901 - mall to: P. O. Box 1_r~__~_~7 Cape Coral, FL 33910 Ph: (941) 334-6766 - Geza Wc~de Czege, Predde~t Fa~ (941) 337-5028 Preliminary Environmental Assessment for East Naples Land Company 3,000~ acre Tract) in Sec. 2 l, 22~. 23, 24, 27 & 28, T47S, R27E, Collier County, Florida Date: Aug. 24, 1999 SITE DESCRIPTION: (cont.) The cleared areas have scattered cjusters of pines, live oaks, and/or cabbage p~lrns. The dominant ground cover consists of blue maJdencane, flat-topped goldenrod, foxt~il, carpet grass, white-topped sedge, fox grape, maidencane, rabbit tobacco, wire grass, bunch paspalum, prairie paspalum, rust weed, blackberry, pepper vine, goat weed. button-plant, and lantana. The forested areas are either cypress and melaleuca forest or pine and cabbage palm forest. The upland forests are primarily in the northeastern quadrant and the cypress wetlands are predominant in the southeastern quadrant. In summary, there are approximately 65% of this section cleared for cattle grazing, of which at least 90% is within the western half. Most of the vegetative communities which were historically wetland flowways, have lost the required annual surface water hydrology. Therefore, with the exception of some of the northwesterly cypress marsh depressions and the southeasterly cypress forested areas, these areas have revegetated with transitional wetland species and the opportunistic upland species which typically move into stressed or altered habitats. It is evident that both cabbage palms (FAC), beautyberry (UP), lantana (UP), and grape vines (UP) are becoming dominant species in both the upland and the wetland communities, and there has been no evidence of long term wetland hydrology for any extended periods, including major storm events, which will maintain a viable wetland system. 2. WIT,DLIFE, LISTED SPECIES AND THR. IR HABITATS: An endangered species survey was conducted during the months of September 1998, and again in December and January 1999. The primary function of the survey was to inst)ect the site, obtain a general assessment of habitat conditions for listed species, and make observations on listed sp~ ~t~.~ whi~ __._ No. _ -5- SEP 1 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fad Myers, FL 33901 - mall to: P. O. Box 100537 Cape Coral, FL 33910 Ph: (941) 334-6766 Gez~ Woss de Czege, President Fox: (941) 337-5028 Preliminary Environmental A~sessment for East Naples Land Company 3,000~ acre Tract} In Sec. 21.22, 23, ?4, 27 & 28, T47S, R27E, Collier County, Florida Date: Aug. 24, 1999 2. WIT.DLIFE, LISTED SPECIES AND THEIR HABITATS: (cont.) may be found on site. The time schedule was dictated by av_~tlable time, and not seasonal conditions or wildlife habits. During the months of September 1998 the weather was hot, mid to upper 90's, humid, with seasonal afternoon rains. Part of the survey was conducted following the heavy storm event which flooded much of the property, but within a week the surface waters had subsided below grade in all areas except the depressions, such as the seasonal ponds and marshes. The open ground and muddy soils produced from the saturated ground made wfld~!fe track identification a significant part of determining wildlife utilization of the property. The weather during the months of December and January was warm (80-83°), sunny, with a light breeze. Several wildlife feeding stations were placed throughout the forested areas of the property, which were occasionally used as wildlife observation stations. Because the property was so large, we spent seven days conducting transects and another five days observing selected areas while concealed in blinds or tree stands. The seven day survey concentrated on wildlife observations, potential cavity trees within the pine flatwoods, and potential RCW foraging activity within the same areas. Because much of the site had been clear and maJnt~ined for cattle grazing, concentration of the survey was within the forested areas, only making casual observations within the non-forested pastureland. A listing of endangered, threatened or species of special concern, which were observed during both survey events, and those species which may utilize the site, are listed in the following table. 1999 _ . Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodfo~d Ave., Fort Myers. FL 33901 - mall to: P. O. Box 100537 Cape Co~al, FL 33910 Ph: (941) 3,34-6766 - Geza Wc~de Czege, Pm~Ideflt Fa~c (941) 337-5028 Preliminary Environmental Assessment for East Naples Land Company 3,000i acre Tract) in Sec. 2 l, 22, 23, 24, 27 & 28, T47S, R27E, Collier County, Florida Date: Aug. 24, 1999 WILDLIFE, LL.~TED SPECIR.$ AND THEI~ HABITATS: (cont.) The plant and animal species listed below are those which were observed or typically are found in similar habitats during some time of the year, and therefore could be observed ff conditions were right. As noted, six were observed on site during the survey. Listed Species Observed or Expected to be Observed on Similar Habitats American nlllgator Alllgalor mlsslssippl~nsis yes observed Ill cow pond Gopher tortoise Gopherus polyphemus no not observed Great egret Casmerodius aibus yes observed several In marshes marsh hawk (n'thrn hamer) C/rcus cyaneus no not observed Red-cockaded Woodpecker Denctrocopos borealls no not observed LitUe blue heron Egretta caerulea, yes observed several In marshes Snowy egret Egretta thula no not observed Trlcolored heron Egretta tr/co/or yes observed several in marshes White Ibis Eudoclmus albus yes observed several in marshes Merlin Falco columbarts no not observed Southeastern kestrel Falco sparverius, paulus no not observed Eastern kestrel Fatco sparverius, sparverlus no not observed ArcUc peregrine falcon Falco peregrinus tundrlus no transient species Florida sandhlll crane, Grus canorlensis pratensts no not observed bald eagle Haliaeetus leucoceph;h;$ no not observed Wood stork Mycterla americana no not observed Florida panther Fe//s conco/or coryi no not observed Big Cypress fox squirrel Sciurus n~er avtcennia no not observed Florida black bear Ursus amerlcanusfloridanus yes east half of Section 27 Fakahatchee burmannia Burmannla flava no not observed SaUnleaf Chrysophyllum olivaeforme no not observed Twisted air plant Tlllandsia flexuosa no not observed Simp.son's Stopper Eugenia simpsonl no not observed S~rnmn? Cone~nsion: As noted, there were six (6) listed species observed during the endangered Species survey. Of the six, five species were wading birds and alligators, which can be observed in almost any wetland habitat, and are' not limited to any unique condiUon associated with the North Belle Meade .area. The sixth species, the black bear, has been observed throughout the Golden Gate .area, including the more densely populated areas. The North Belle Meade does not provide any unique wildlife corridor for the bear, and this area is not utilized as a corridor between to larger systems. The Golden Gate residenUal areas to the north, west and east cuts up any potenUal corridor possibilities in those direcUons, while the Interstate to the south, with its high fences', limits access from the south. In general, the North Belle Meade NRPA proposal, as a long term viable wildlife habitat area, wildlife corridor, or wetland flowway, has Limited value without major restoraUon and expenditures which is not typically afforded throu~ - development restricUons under the NRPA requirements. SiP 1 4 1999 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mall to: P. O. Box 100537 Cape Coral, FL 33910 Ph: (941) 334-6766 Geza Wass de Czege, President Fax: (941) 337-5028 Preliminary Environmental Assessment for East Naples Land Company 3,000~ acre Tract) In Sec. 21, 22, 23, 24, 2 7 & 28, T47S, R27E, Cohler County, Florida Date: Aug. 24, 1999 Proposed North Belle Meade NRPA Boundary Sections 22, 23, 24, 25, 26. 27. 34. 35 & 36, T49S, R27E Collier County, Florida SEP 1 4 1999 Water Resource Solutions 428 Pine Island Road SW · Cape Coral, Flonda 33991 941 574-1919 Fax: 941 574-8' MEMORANDUM TO: Robert L Duane, AICP Hole, Montes & Associates, Inc. R. Bruce Anderson Young, Van Assenderp & Varnadoe, P.A. FROM: Lloyd Horvath, P.E. DATE: August 12, 1999 RE: Evaluation of Shallow Groundwater Levels on the Brown Property Introduction Water Resource Solutions has conducted long-term monitoring of the shallow groundwater table beneath the Brown property in Sections 21, 22, 23, 26, 27, and 28 of Township 49 South, Range 27 East. The work was done for the purpose of evaluating the manner in, which the water-table fluctuates on a seasonal basis and for making evaluations of the extent to which the natural cycle of the water-table level may have been impacted by off-site activities. This type of information is important for classifying land type with regard to the ecosystems which can be expected to exist under conditions where no other uses of the land would take place. The cycle of fluctuation of the shallow water-table level is commonly referred to as the hydroperiod. The hydroperiod, necessary for maintenance of a wetland environment typically, requires extended pedods of saturation at land surface or a water-table elevation very near to land surface for an extended pedod which is usually measured in months. A typical wetland hydropedod is shown in Figure I which is taken from records of a wetland site remote from the Brown property, in North Collier County. The graph shown shows a period of 3 to 4 months where the shallow water-table is at land surface or within a depth of less than I foot below land surface. , Monitorina Pro~_ram on the Brown Property Water level data were collected from 10 stations throughout the property. Two continuous water level recorders were also installed. The locations were chosen in order to obtain an approximately even spacing in order to map the elevation of the water-table throughout the 03~79MGG. H12 SEP I 4:1999 property. All monitoring points were surveyed to refe~'ence the depth of water to elevation NGVD. The land surface elevation at each station w~,s also recorded. The locations of the monitoring stations are shown on Figure 2. Water level data collection began in Apdl of 1991. Data was collected on a monthly basis. Water level recorders were also serviced monthly. This work has resulted in more than eight (8) years of record. Dudng this period Collier County has experienced both extended wet and dry weather conditions. This extended record clearly demonstrates the range of conditions expected for this site. The water level data are presented in graphical and tabular form in the Appendix. Interoretstion of Data The water level records show that the site has been severely impacted by surrounding drainage canals which are located off-site. The hydroperiods for all ten stations show that whenever an area on the property receives enough rainfall to raise the water-table to land surface, the period for which the water-table elevation is sustained near land surface is very short, and the rate of decline is steep. For 'numerous stations, the groundwater level did not reach within I foot of land surface for periods of greater than 3 years. The hydroperiod for the great majority of the property contrasts greatly from that of a typical wetland. This is also true of Sections 22 and 27. This site is very well drained by the canal systems which surround the property at approximately a one-mile distance on three sides. It is felt that these canals are the major feature affecting the hydrology of the site. The site does contain a number of isolated areas which have a hydroperiod that can support wetland communities. However, those areas are limited to the portions of the property where the land surface contains depressions. There does not appear to be any portions the property which have hydrologic characteristics that can be associated with a continuous wetland areas which are linked in a regional manner to those off-site. APPENDIX 1 Water Level Hydrographs SEP 1 4:1999 _.__- Recorded Water Levels in Well Number CO-2044 12 .. _'~ ...... ~"D SURFACE ELEVATION (N' ;VD) ,,... ~ ................... ' .............................. 199t t992 1993 1994 t995 i996 1997 1998 1999 .. Date ( I'~ -CO-2044 } Record Water Levels in Well Number C0-2045 0 ~ 1991 1992 1993 1994 t995 1996 1997 1991 1999 .- Date Recorded Water Levels in Well Number CO-2246 LAND SURFACE ELEVATION (_.N~ ~VD) 1991 t992 1993 1994 t995 t996 1997 t998 t999 Date I Record 'Water Levels in Well humber CO-2247 14 12 ~,ND SURFACE ELEVATION {~G' ~... ~.~ ................................................ ' ........ o 199t 1992 1993 t 994 1995 1996 1997 t998 t999 . Date ~ l--~~:~--i Recorded Water Levels in Well Number C0-2248. 12 ~[~ ~. ~ND SURFACE ELEVATION (N(~VD) ~ " 199t 1992 1993 1994 1995 1996 1997 t998 1999 Date -, I Record Water Levels in Well Number C0-2249 16 .... 14 ...... "' ,i .I.~..N .D..S .U.R.F.A.C. !, .E.L.E:_ .VA.T_I .O.N_ t.N 8_V. D. ). _~_.,. '. ..................................................... t991 t992 1993 1994 1995 1996 1997 1998 1999 .. Date '~:' J --e---C0-2249 J Recorded Water Levels 1991 1092 1993 1994 1995 1996 t997 t998 1909 Date I Recor¢' t Water Levels in Well ~umber CO-2251 LAND SURFAC[ ELEVATION (N ~VD) .I ' ' 99t 1992 1993 1994 1995 1996 t997 1998 1999 Date Recorded Water Levels in Well Number CO-2253 i~ o~ 16 , 12 ,., .. , .AND SURFACE ELE~/~:i-iON (N 3VD) 1991 1902 t093 1094 199S 1996 1997 1998 1099 Date Record Water Levels ~ in Well Number CO-2254 o~ LAND SURFACt ELEVATION (N ~VD) 0 1991 1992 1993 1994 1995 1996 t997 1998 1999 Date APPEND~ 2 Rainfall Data for the Project Site Rainfall r. /or the Project Site , July 1991 to March 1999 'I - ' ,-~ , '--~'-~.' - ......... I ....... i .... ~-,' - - · ........ ................... ~_,__.;'_ . Jan-91 Jan-92 Jan-9$ ' Jan-94 Jan-05 Jan-06 Jan-07 Jan-08 Jan-00 Date I--m---Rainfall- Collier Counly Landfill -- e... Rainfall - On-stl?--] 1._ I 2250 2045 ~- 22~ 2249 ~ ' 5.66 ~5 ~ 224B MONITOR WELL NUMBER ALUGJTOR ALLS~Y (~NAL 6.75-- - LINE OF EQUAL WATER LEVEL SCALE ~ /--~5 ELEVATION (rEIT. NGVD) ~ - GROUNDWATER fLOW mRECnON 0 1/2 MILE ~ 1 MILE: ter ~e. vouroe oo/uz/on.v l~i[~i' ,~i~' :'e'6i~ ................... i,~t: 4/~,/~ ..... j . ..J :: ................. ~'-:= ......... " -~: ................ 999). ~IGURK' '{ ONTOUR MAP SHOWING. WATER LEVELS AND FlOW D~ ,'ION~iN THE I.oW[R W~ER:TABL[ AQUIFER "(FEBRUARY~ 2b, 1 , 7 !~ ~ I1 MILE 6.87 I ................... '~'~ '~ ~ ~OLDEN G~ TE 21 '~ ~ I ,' ~ EIGHT Mh ~' 6.61 ¢ 2248 22i9 22da 6,~- ~ ~ ~:~. - ~OHITOR WELL HUMBER WATER LEV[L ELEVATION (rEEL NGVD) ALL/GATOR A~'Y CANAL - "6.75-- - LINE OF EQUAL WATER LEVEL ELEVATION (FEET, HGVD) SCALE AND /- ~ ~ - G~OUNDWAIE8 FLOW DIrECtION o ~/2 N~LE Il MILE FIGURE I. CONTOUR MAP SHOWING WATER LEVELS AND FLOW DIRECTION IN THE I.OWER WATER-TABLE AQUIFER (FEbRUaRY 1, 1~99). 2251 ~AN~L ~ --~ EIGHT ~JZ E ~N~L ~. 2254 28 2044 2247 ~ ~ ~ 5.17 ~ . 224~ ~ ~d9 22~a q.99 WA[ER LEVEL ELEVA110H (rEEL NGVD) ELEVATION (rEEL N~VD) ~ - ~ROUNDWATER fLOW DIRECTION 0 I/2 ~IL[ / 1 MILE fIGURE 5. ..oNTOUR MAP SHOWING WATER LEVELS AND FLOW DIRECTION IN THE I.OWER WATFR-TAFItF ^011~rvp TABLE 1. WATER LEVEL ELEVATIONS AND DEPTH BELOW LAN-, ;~URFACE: FIRST QUARTER OF 1998 ~0-2044 13:74 11.48 705 4.43 7.44 404 7.23 4.25 C0-2045 11.89 10.54 7.01 3.53 841 2.13 7.32 3.22 C0-2246 13.49 11.83 ND -- 790 3.93 7.64 4.19 C0-2247 12.70 11.02 7.63 3.39 7.82 3.20 7.58 3.44 C0-2248 13,136 10.58 7.11 3.47 7.57 3.01 7.19 3.39 C0-2249 12.50 10.65 7.03 362 7.48 3.17 7.12 3.53 C0-__'~_50 13.18 11.19 7.42 3,77 7.90 , 3.20 7.68 3.51 C0-2251 12.82 11.01 7.38 3.63 8.14 2.97 7.71 3.30 C0-2253 13.14 11.39 7.23 4.16 7.68 3.71 7.54 3.85 C0-2254 13.81 12.11 7.16 4.95 7.61 4.50 7.35 4.76 P-1 13.92 11.48 dry --- 8.90 2.58 8.80 2.68 P-2 13.74 11.73 damaged --- damaged -- damaged --- p-3 12.32 10.54 dry --- 8.05 2.49 dry --- P-4 13.98 12.09 dry --- dry --- dry --o P-5 13.22 11.36 dry --- dry -- dry -- P-6 .12.43 10.59 dry -- 7.65 2.94 dry -- P-7 12.87 10.58 dry -- 9.56 1.02 ~ -- p-8 13.25 11.15 dry --- dry --- dry --- P-9 13.39 11.34 dry --- dry -- dry --- P-lO 13.61 11.76 dry --- dry ~ dry TABLE 1. WATER LEVEL ELEVATIONS AND DEPTHS BELOW LAND SURFACE:. SECOND QUARTER 1998 .-~, ::::::::::::::::::::::::::::::::::::::::::::~ .......... ;:::: ......... ~::~: ~': :~':~ ::: ::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::i!~.'.`~{i~ ~ii!i~!~ i~i~ii i;::.{:;i!{~:,'~.~:.!~i~!iii ::?:"'~!ii E~I)V;ll~*'* ::.,.:. :~.~ :~.x:i:i:!:i:;?;:;:. i:: :iiiil [~l~;:~f~J~Oi~ iii~ii i!i':*' ':¥': ~: ============================= :: ~fO~!!;ii'* ii~ii?iii ~i:.~. ~i ''/'¥': ::::!?~!!: i!!i ~i~iiiiii~i::: i ' ':;';'::"¥" +::"x:i::::¥?¥:~:¥:~:' ?"-:'~ '"(~0-2044 13.74 11.48 5.83 5.65 4.77 6.71 5.63 5.85 C0-2045 11.89 10.54 5.87 4.67 5.46 5.08 4.99 5.55 C0-2246 13.49 11.83 6.21 5.62 5.12 6.71 5.21 6.62 C0-2247 12.70 11.02 6.00 5.02 4.86 6.16 5.26 5.76 C0-2248 13.42 10.94 5.69 5.25 4.67 6.27 5.27 5.67 C0-2249 12.50 10.65 5.75 4.90 4.73 5.92 5.40 5.25 C0-2250 13.18 11.19 6.26 4.93 5.16" 6.03 5.52 5.67 C0-2251 12.82 11.01 6,41 6.41 5.21 7.61 5.35 7.47 C0-2253 13.14 11.39 6.16 5.23 506 6.33 5.24 6.15 C0-2254 13.81 12.11 6.10 6.01 5.03 7.08 5.25 6.86 p-1 13.92 11.48 8.87 2.61 dry -- dry -- p-2 13.]4 11.73 damaged -- damaged ~ damaged -- p-3 12.32 10.54 8.08 2.46 dry -- dry -- p-4 13.98 12.09 dry -- dry ~ dry -- P-5 13.22 11.36 dry -- dry -- dry . , -- p..6 12.43 10.59 dry -- dry -- dry -- p-7 12.87 10.58 dry -- dry -- dry p-8 13.25 11.15 dry -- dry -- dry p-9 13.39 11.34 dry --- dry -- dry -- P-lO 13.61 11.76 dry --- dry -- dry -- TABLE 2. WATER LEVEL ELEVATIONS AND DEPTHS BELOW LAND SURFACE: FOURTH QUARTER 199B ........ -:::-.::.'::??:~.::I:?.~:!!. --,--- ::::::::::::::::::::::::::::::::: ............ .-:- .... ' ' :': - ' : .......... ':'~'::' ................................ ~'~;;~;~;;~;~;~; ~ ~ .......... . ...................... .:.:.:~. ,... ~....:. ~.:.. . ............. ~:~' ~"~:" ~:'~ ....... '" ' ' ' ' I '6.~ I 463 '6~4 13.74 11.~ 7.40 I 4.~ 7.55 393 C0-~5 11.~ 10.~ 7.~ ~ 2.~ 7.37 3.17 6.~ I 365 C0-~46 13.49 t1.~ ~ '- dam=g~ C0-~47 12.70 11.02 8.16 2.~ 813 2.89 7.31 3.71 C0-~48 13.42 10.~ 7.59 3.35 7.85 3.~ 692 4.02 C~49 12.~ 10.~ 7.33 3.32 7.51 3.14 6.~ 385 CO-~ 13.18 11.19 7.~ 3.~ 7.63, 3.~ 7.~ 3.~ C0-~1 12.82 11.01 7.44 3.57 7.70 3.31 7.~ 363 CO-~ 13.14 11.39 7.~ 4.10 7.54 3.85 7.~ 4.16 CO-~ 13.81 12.11 7.21 4.~ 7.46 4.~ 7.13 498 P-1 13.92 11.48 d;y --- dry P-2 13.74 11.73 d~ -- d~ag~ ~ dim~ --- P-3 12.32 10.~ 8.~ 225 8.~ 2.45 d~ -- p~ 13.~ 12.~ dry -- d~ P-5 13.~ 11 .~ dry --- dry ~ ~ '" p~ 12.43 10.~ dry -- d~ ~ ~ -' P-7 12.87 10.~ d~ -- d~ -- ~ '- p~ 13.~ 11.15 ~Y ~ d~ -- ~ '- P-9 13.~ 11.~ ~Y '- dry P-tO 13.61 11.76 ~Y --- d~ CO-~ 13.74 t 1.~ 7.~ 3.62 8 28 3.~ g.~ 1.~ C~5 11.~ 10.~ 7.~ 2.~ 7.91 2.~ B.~ 1.74 C~46 13.49 11 .B3 da~g~ --- damag~ -- d~ --- C0-~47 1270 11.02 8.~ 252 9.33 1.69 10.~ 0.47 C~48 13.42 10.94 8.~ 2.~ 8.63 2.31 11.15 -0.21 C0-~49 12.~ 10.~ 7.88 2.77 8.28 2.37 9.45 1,~ C~ 13.18 11.19 7.25 3.~ 8.52 267 9.47 1.72 C0-~1 12.82 1101 7.92 3.~ 8.~ 2.92 8,~ 2.21 C~ 13,14 11.~ 7.89 3.~ 7.94 3.45 6.76 2.~ C~ 13.61 12.11 7.92 4.19 7.~ 4.25 8.82 3.~ P-1 13.92 11.~ d~ -- d~ -- ~ -- P-2 13.~ 11.73 ~ -- dama~ -- ~ --- P-3 12.32 10.~ dry -- d~ -- 9.~ 0.87 P-4 13.~ 12.~ dry ~ d~ ~ 9.~ 232 P-5 13.~ 11 .~ dry --- dry ~ 9.~ 1.71 p~ 12.43 10.59 dry ~ 8.21 2.~ 9.~ 1.21 p-7 12,87 10.~ dry -- 10.59 ~.01 10.~ ~.~ P-8 13.~ 11.15 dry -- 991 1.24 11.12 0.03 .. P-9 13.~ 11 .~ dry -- dry .-- 9.~ 1.~ P-lO 13.61 11.76 dry --- dry -- ~ -- ( ( ( TABLE 1. WATER LEVEL ELEVATIONS AND DEPTtt BELOW LAND SURFACE: fIRS[ (JUAH! Ct( or lU'J'J C0-~4 1374 11.48 6.34 5.14 580 5 68 5 ~ 6.39 C0-2~5 11.89 10.~ 6.42 4 12 580 4 74 4.92 5.62 C0.2246 13.49 11.83 Destroyed -- Destroyed -- De~troy~ - C0-2247 12.70 11.02 6.61 4.41 5 98 504 5.17 5.~ C0-~48 13.~ 10.~ 6.33 4.61 5 66 528 4.~ 5.~ CO-~ 13.18 11.19 6.~ 4.31 623 4.~ 5.44 5.75 C0-~1 12.82 11.01 7.~ 3.95 6.32 4 69 5.~ 5.51 C0-2~ 13.14 11.39 687 4.52 6.17 5.22 5.~ 6.03 C0-22~ 13.81 12.11 6.77 534 6 10 6 01 5.31 6.~ P-2 13.74 11.73 Des~oyed -- Destroyed -- Des~oy~ p-3 12.32 10,54 d~ --- dry --- dry -- P-4 13,98 12.~ dry --- dry --- dry , . -- P~ 12.43 10.59 dry --- dry --- d~ P-7 12.87 1Q~ dry --- dry --. d~ p-9 13.39 11,34 dry --- dry _1 .... P.10 13.61 11,76 dry -- dry --- dry EXEGUTIVE SUMMARY PETITION R-99-06 WILLIAM L. HOOVER OF HOOVER PLANNING REPRESENTING EUGENE K. AND KRYSTYNA A. KRYGIER, REQUESTING TO CHANGE THE ZONING CLASSIFICATION OF A PROPERTY FROM "E" ESTATES TO "C-1/T" PROFESSIONAL COMMERCIAL TRANSITIONAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD APPROXIMATELY ONE QUARTER OF A MILE WEST OF COUNTY BARN ROAD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSIST OF 3.183 ACRES. The applicant is requesting to change the zoning of the property from "E" Estates To "C-1/T" Professional Commercial Transitional District. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "E" Estates Zoning District to "C-1FF" Commercial Professional Transitional Zoning District to build a professional office complex. The subject property is adjacent on one side to a commercially zoned property. Furthermore, this parcel abuts Davis Boulevard, which is classified as an arterial road; therefore, this request is consistent with the requirements of the Growth Management Plan. The subject property is adjacent on the west side to a C-3 zoned parcel, where an office complex is planned. That parcel is adjacent to another C-3 zone parcel containing a convenience store and an automobile service station. On the remaining three sides, this property will be adjacent to vacant residential and golf course properties. By the virtue of the fact that this property qualifies for office and In-fill commercial Under the Future Land Use Element of the Growth Management Plan, this commercial rezoning for an office complex is compatible with surrounding and nearby land uses. The proposed commercial retail development will generate a volume of approximately 1592 trips per weekday. The A.M. peak hour are calculated at 81 trips. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Davis Boulevard. The Traffic Circulation Element (TCE) lists this segment of Davis Boulevard as a 4 lane arterial road. The current traffic count for this road is 17,149 ADT which results in Level Of Service LOS "A". County Barn Road within the projects RDI has a count of 10,658 ADT and is operating at 'LOS "C". Therefore, this project meets thE,'(.;o~r~__.~)/ I SEP i ~ 1999 concurrency requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1 and 5.2 of the TCE. The Collier County Planning Commission reviewed this petition on July 15, 1999 and by a vote of 7-0 recommended approval of the variance. Staff has received one letter in opposition to the granting of this request. Therefore, this petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: This rezone by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, this parcel will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The following impact fees will be applicable to this project: Road Impact Fee: $85,855.00 Fire Impact Fee: $10,500.00 EMS Impact Fee: $10,465.00 Radon Gas Impact Fee: $ 175.00 Building Code: $ 175.00 Total: $107,170.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally off-set the cost of administrating the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Impact Fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of particular development on County provided services. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated by the ad valorum tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue schemes. An fiscal impact analysis is incomplete without an estimates of costs that will be generated by a particular land use .'-'-- development project. At this point in time staff has not developed a method by which to estimate the cost of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way partic darlYN?~l 2 SEP 1 4 1999 respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. GROWTH MANAGEMENT IMPACT: None. This rezoning action establishing a "C-1/T" zoning district is both consistent with the basic land use designation of the Growth management Plan. HISTORIC/ARCHAEOLO(~ICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition R-93-06 pursuant to the draft Ordinance of Adoption made a part of this Executive Summary. 1999 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R~ 'IEWED BY: IALD F NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ~ DATE R~LHERE, AICP, DIRECTOR ~C, 7~ PLANNING SERVICES APPROVED/BY: / VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEP ]. z[ 1999 4 t:)(3 ~/ ~ AGENDA ITEM 7-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JUNE 22, 1999 RE: R-99-06, KRYGIER OFFICE PARK ON DAVIS BOULEVARD. OWNER/AGENT: OWNER: Eugene K. and Krystyna A. Krygier 10010 East Redfield Ddve Scottsdale, Adzona 85260-7561 AGENT: William L. Hoover Hoover Planning 3785 Airport Road North Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "E" Estates Zoning District to "C-l/T" Commercial Professional Transitional District. GEOGRAPHIC LOCATION: The subject property is located on the south side of Davis Boulevard approximately one quarter of a mile west of County Bam Road in Section 8, Township 50 South, Range 26 East, Collier County, Flodda. This site consist of 3.183 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone the subject property from "E" Estates Zoning District to "C-l/T" Commercial Professional Transitional Zoning District to build a professional office complex. The subject property is adjacent on one side to a commercially zoned property. Furthermore, this parcel abuts Davis Boulevard, which is classified as an artedal road; therefore, this request is consistent with the requirements of the Growth Management Plan. SURROUNDING LAND USE AND ZONING: AGENDA rr~ Existing: Vacant, zoned 'E" Estates No. SEP l Zl 1999 / LOGATION ,.o,~o. ~ ~ .~,F'.-,-. '~ LOOATION~ LOCATION MAP SITE MAP PETI ~R-~-~ Surrounding: North- Davis ,.-31vd. ROW, Sewage lift station, golf course, zoned PUD. East - Vacant, zoned "E" Estates. South- Vacant, zoned RMF-6 with a cap of 4 units per acre. West- Hedtage Trail ROW (60 ft.),Vacant, zoned C-3. GROWTH MANAGEMENT PLAN CONSISTENCY: The petitioner is requesting to rezone this parcel to C-1/T. The Future Land Use Element of the Growth Management Plan under "Office and In-fill Commercial Subdistrict" allows Iow intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Growth Management Plan contains a list of cdteria that must be met in order to rezone any property to C-1/'1'. Staff's review indicates that all cdteda for this rezone have been met, and this parcel is eligible to be rezoned to C-1/T. Traffic, Circulation Element: The traffic impact review indicates that the project trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Davis Boulevard. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The proposed rezone will not create or excessively increase traffic congestion on the arterial road system at built-out and complies with Policies 1.3, 1.4, 5.1, 5.2, 7.2 and 7.3 of-the TCE. Sewer and water: Water and sewer will be available to this site. Water management requirements will be addressed at the time of SDP re~/iew and approval. Such approvals will be made consistent with Collier County drainage requirements. Thirty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC at the time of SDP required approval. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. AC, a~A r, 2 SEP I z~ 1999 Other applicable elements Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: ---. Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval. CRITERIA EVALU~,TION; Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of th~ petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. SEP 1 ~1 1999 3 The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific uevelopment strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the cdteda upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed cdteda are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the cdtedon noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the cdtedon is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) In addition a rezoning action establishing a "C-1/'1'" zoning distdct is consistent with the basic land use designation of the future Land Use element of the GMP. Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action having the effect of rezoning approximately 3.183 acres will be consistent with the provisions of the FLUE. ~ The subject property is adjacent on the west side to a C-3 zoned parcel, where an office complex is planned. That parcel is adjacent to another C-3 zone parcel containing a convenience store and an automobile service station. On the remaining three sides, this property will be adjacent to vacant residential and golf course properties. By the virtue of the fact that this property qualifies for office and In-fill commercial under the Future Land Use Element of the GrOwth Management Plan, this commercial rezoning for an office complex is compatible with surrounding and nearby land uses. ~ Clearly the timing of a rezoning action from 'E" Estates is present when the land is impacted with nearby commercial zoning district, a six lane artedal roadway and it is capable of being served by sanitary sewers and potable water supplies. ! / I SEii 99 4. Trafrm: The site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards within the projects radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TCE. The Traffic Circulation Element (TCE) lists this segment of Davis Boulevard as a 4 lane arterial road. The current traffic count for this road is 17,149 ADT which results in Level Of Service LOS "A". County Bam Road within the projects RDI has a count of 10,658 ADT and is operating at LOS "C". Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1 and 5.2 of the TCE. Jj~ The site will be served by the Collier County water and sewer system. Availability letters and construction plan approval from the Collier County Utilities Department shall be provided pdor to final Site Development Plan approval. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R-99-06 to the BCC with a recommendation for rezoning this property from "E" Estates to "C-l/T" Commercial Professional Intermediate zoning district. AGENDA I'IT~ " SEP 1 ~ 1999 5 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER IEWED t~ ~I:Y~~P, MANAGER DATE CURRENT PLANNING SECTION DATE PLANNING SERVICES App~r°7 bY: - VI~ICEN'I' A. C U O, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number:. R-99-06 Staff report for July 15, 1999 CCPC meeting. This petition has be tentatively scheduled for September 14, 1999 BCC meeting. Collier County Planni~~ss~on: ~ AGENDA ITEM 1 SEP 1 ~ 1999 6 REZONE FINDINGS PETITION R-99-06 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed rezone will be compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. ProlCon: Evaluation not applicable. SURROUNDING LAND USE AND ZONING: Existing: Vacant, zoned "E" Estates. Surrounding: North- Davis Blvd. ROW, Sewage lift station, golf course, zoned PUD. East - Vacant, zoned "E" Estates. South- Vacant, zoned RMF-6 with a cap of 4 units per acre. West- Hedtage Trail ROW (60 ff.),Vacant, zoned C-3. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is adjacent to a large C-3 zoned property. Con: None. Summary Findings: This property is of a sufficient size that this rezone will not result in an isolated distdct unrelated to adjacent and nearby districts. ~F. ND~T~ - 1 SEP 1 ~ 1999 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and consistent with the GMP. Con: None. Summary Findings: There are commercial lands to the west of this project. This rezone, if approved, will increase the amount of commercial land in the area. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. ProlCon: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: Limiting the access to only Davis Boulevard will go a long way towards resolving any potential adverse impacts on the residential community lying south of the project. Con: None. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensUre the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation action should serve to ameliorate impact on an adjacent residential under construction. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: I-An action to rezone the property as requested is consistent with all applicable traffic circulation elements. SEP 1 4 1999 2 !i- The property fronts directly on arterial roads thereby providing an immediate highway system over which traffic from this project is defused. Con: Urban intensification results in greater volumes of traffic on the artedal and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval, In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the dsk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the dsk of flooding in areas when drainage outfall condition is inadequate. Summary 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 as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies'would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system, 9. Whether the proposed change will seriously ~duce light and air to adjacent areas. ProlCon: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to a~l'~OJ~~j3-~ ' /SEP lq 1999 3 / districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous land. Con: None. Summary Findings: This is a subjective determination based upon factors which may be internal or external to the subject property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent 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. Summary Findings: The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to b.e a public welfare relationship because actions consistent with the GMP are in the public interest. t3. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accorda ,ce ~TEM the existing zoning, however to do so would deny this petitioner of SEP 1 ~ 1999 4 I~. /'~ opportunity to maximize the development potential of the site as made possible by its consistenc~, relationship with the FLUE. t4. Whether the change suggested is out of scale with the needs of the neighborhood or the County, ProlCon: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the 'appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. AGENDA ITEM' / SEP l 199 5 ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDXN~NCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TIlE OFFICIAL ZONING ATLAS MAP NUMBER 0608N BY CTIANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DAVIS BOULEVARD (SR #84) AND HERITAGE TRAff., IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "E" TO ~C-l" FOR AN OFFICE PARK ; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPUI..ATIONS; AND BY PROVIDING AN EFFECrIVE DATE. W'H~REAS, William L. Hoover, AICP of Hoover planning, repr~en~llg Eugene and Krystyna ICrygier, petitioned the Board of C6unty Commissioners to change the zoni-g classification of the hereto deschbed real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the real property as more particularly described by Exhi%it "A", attached hereto and incorporated by reference herein, and located m Section 8, Township 50 South, Range 26 East, Collier County, Florida, is changed f~om "E" to "C-I" and the Official Zoning Atlas Map Number 0608N, as deathbed m Ordinance 91-102, the Collier County Land Development Code is here. by amended accordingly. The hereto described real property is the same for which the rezone is hereby approved. This Ordinance shall become effective upon fil/ng with the Department of State. PASSED AND DULY ADOPTED by the Board of County Comrmssioners of Coil/er County, Florida, this day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Cha~oman ATFEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEC_u~ SUFFICII~CY ~2~,~.'r'n. M/7,.R~ M. S'I:LrD~'2WF ASSISTANT COUNTY A'IWORNEY PROPERTY DESCRIPTION THE WEST HALF (,W 1/2) OF THE NORTHWEST QUARTER (NW !/4,) OF THE NORTHWEST QUARTER (NW. 1/4) OF THE NORTHWEST QUAR'TER (NW 1/4,)-0F SEc'ri'oN 8, TOWNSHIP. ,50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, K~LORIDA, LESS THE NORTH 75 FEET THEREOF' IrI3R ROAD RIGHT-OF-WAY; LESS AND EXCEPT THE EAS.T 100 FEET OF THE ABOVE DESCRIBED PARCEL. EXHIBIT "A" AGENDA I~ _ ~~_ SEP 1~t 1999 Pi._/~ 07/13/1999 13:27 941-732B~,63 GULF COAST TRE:ASURES PAGE 01 GULF.' ;: AST TREASURES 303? D~Vis Bird, IVepI~s - Florida 34f04. UniteO ~cates of Arnedce i~ll: zieri~at$.net Fa~ ' ' D~te: 07/13/99 77rr~: 1:19 PM Page1 Co11/~ Co=~ ~ · Arm: Chflmun larillCipal planner R~: R-99-~ I ho~ ~u ~ ~ll ~.~.~ ~ ~ ~ ~ ~ ~, ~d~ ~s ~ ~st~. ~ ~ ~ ~ p~e'~~ ~ ~ ~ ~ ~ ~ ~ ~ "E" Esmt~ for ~ y~s ~d ~ ~ ~~.~,~ ~. ~ ~ ~s ~ ~isg A ~ q~W ~ living ~ ~ ~ ~ ~ ~'~,'~ ~'~'~ ~s ~~ ~ ~ w~h ~ ~ ~nt a lot ~ m~. We ~lt ~d ~ p~ ~.~ l ~'~ w~ ~~ pzoi~ ~ ~~t ~ ~ ~ ~~, ~ ~ ~ ~. ~~' ~ T~ ~~ 3~ ~ ~ ~ d~ ~o~, ~ty ~ ~~'~,~:~ ~ ~a ~o~ ~ ~ ~.~ ~ ~X ~11 ~r for ~er a ~ ~ ~ ~~~ ~ ~ l~on ~ ~. ~¢~ is no mom for ~ ~ ~t~ a ~~/~ D~ BI~ a ~ ~ ~ 2 ~e ~c fl~m 4~ ~h. ~ T~i ~ ~"~ ~~.R ~ a p~ ~ ~d ~$ ~ ~ ~ no ~m ~ ~ it. .~.. '. '.,.. . .:~,;."' , , '.~' '~ %c., · '.. , ~ m m~ ~ ~'~~~ ~le, ~ ~ ~ .~ ~ ~thi. Iow d~ty SDP99-5~. :.:' . ."::" '.?. ' . ' ,. · . . '. :.'.: .,~:.~./...... .. in 1~, l ~ a ~.~~ w~ ~ ~ ~ ~ ~ pm~ ~ w~ l~d. It is ~ :.:.. ,:.,~c..' SEP 1 6 1999 ,:' :. :.: ...:.. .. r.:...., r '.' ' .:..' ''.~::'. .....?*> '.~;' "; ,...' .. '.' ..... .< ...... ......... 07/13/1999 13:27 941-7328663 GULF COAST TREASURES PAGE B3 G U L F ':~!:OA'$ T T R Z A S U R IE S 3031 Darts Blvd.., Nap/es ~ Florida 34104 - United States of America Tel.; (~) ~'~~':'~OH Ir~., (888) Z3Z.86~O Fex: (J~4~) 732-8663 . ':,::E,.mail; Faxme.__,~,~._ . '" ,~:... ~e, te: 07/'13/99 T/me: '1:'19 PM Page2 o~ all property own~s ia this ~hOod ~d help us ~o protect our environmen. ? cz~ati~g ~ t~roblglz~ i~ a~...:~ Iow ~ area: It will send ~ ~mr~.~. ,jm'~ ammO. ag _l:~~d a~k fo~ r~omng of th,~q~r.~~ which mil ~ apla'o~y ,*u ~c.~ atons ~ams ntva. an Enclosed, please ~ m3t e"lzmtl,. ~:.~;:_, ..~ow~. '. in rega.~, to tJ~ nmffj~3~ing p~ojact, ju~ to gv¢ you a~ idea about tl~ attend7 ~ problt~. ~:C°mm~'cial propm~ m ou~ area. Please comid~ all th~ fa~ ~~. W~ sim~mly hope tlm~ th, county will not allow a re~on¢ of the prot~rty in question. " ' .' ,'il. 1805 H~rita~ Tr~l, lq'~:~ ' · ~::: .... . ::c' AGENDA I~Id · .:. /~f?) / "::... SEP l ti 1999 :,-: .... ~.~.., ../. .__ EXECU', ~VE SUMMARY AN ORDINANCE AMENDING ORDINANCE 77-$1, RELATING TO THE CONDITION OF PUBLIC SWIMMING POOLS AND THE COMPETENCE OF POOL SERVICE AND MAINTENANCE PERSONNEL. OBJECTIVE: To have the Board of County Commissioners approve an ordinance amending Collier County Ordinance 77-51. CONSIDERATIONS: The Board of County Commissioners of Collier County is authorized under Chapter 125 of the Florida Statutes to enact and enforce regulations necessary for the protection of the public. The staff is desirous of having the Board of County Commissioners amend the ordinance as follows: 1) Update the reference to the Florida Administrative Code and the Department of Health (Sec. la,b); 2) Update the definition of"public swimming pool"; adding definitions of"transient lodging" and "barrier" (Sec. lb (4 & 5); 3) Eliminate reference to "permit to operate"; change to "pool operator's certificate" (Sec. 2a); 4) Update fee schedules for pool operator's certificate (Sec. 3); 5) Amend the pool water sampling procedures (Sec. 4a); 6) Add procedures for fecal contamination incidents (Sec. 4b); 7) Add a plumbing inspection and fee (Sec. 5a,b); ,~.-~ 8) Add requirement for new equipment (Sec. 6c); 9) Add requirement for "exempt" public pools and fee (Sec. 6d). These proposed changes to ordinance 77-51 were reviewed by the Development Services Advisory Committee and unanimously approved at their meeting of May 5th, 1999. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: None to the county and minimal to the development and service community. RECOMMENDATION: That the Board of County Commissioners approve an amendment to Ordinance 77-51. ~~~.~/~ PREPARED BY: DATE Alle~ R. Ruth, P.E., ]Director Env. Health Charles Ko~rg Sr.~.O, I~.P.PI~., Director Collier Cou~ Health Department A aov o,.: DATE Th or~ a~ s--W'~5-3 lli}'f~'~ d m in str-~'3'' Public Services '..Y~ Agenda .I t-.em ~ Ordinance No. 99- 2 AN ORDINANCE OF COLLIER COUNTY, FLOf~IDA, 3 AMENDING ORDINANCE NO. 77-51, RE: PUBLIC SWIMMING 4 POOLS; AMENDING SECTION ONE, REGULATIONS 5 INCORPORATED BY REFERENCE AND DEFINITIONS; 6 AMENDING SECTION TWO, POOL OPERATOR'S 7 CERTIFICATE; AMENDING SECTION THREE, OBTAINING A 8 POOL OPERATOR'S CERTIFICATE; RENAMING SECTION 9 FOUR, SWIMMING POOL WATER QUALITY; RENAMING 1o SECTION FIVE, PLUMBING INSPECTIONS; RENAMING i1 SECTION SIX, VIOLATIONS; ADDING A NEW SECTION 12 SEVEN, FEES; PROVIDING FOR INCLUSION INTO THE 13 COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING 14 FOR CONFLICT AND SEVERABILITY; PROVIDING AN 15 EFFECTIVE DATE 16 17 WHEREAS, it is necessary to protect the health, safety and welfare of is the public, to adopt mandatory procedures that must be followed whenever 29 there occurs bacteriological and/or fecal contamination of a public 20 swimming pool and to require inspections of on-site plumbing systems 21 which serve the public swimming pool; and 22 23 WHEREAS, it is also necessary to require Oxidation Reduction 24 Potential (ORP/PH) standards applicable to specified spas, and to provide 25 for Health Department review of performance plans and final inspections of 26 new, planned public swimming pools; and :7 28 WHEREAS, it is necessary to expand the definition of"public 29 swimming pool" and to add a definition for "transient lodging"; and 3~ WHEREAS, it is appropriate to up-date references to the Florida 32 Administrative Code in Ordinance No. 77-51; and 34 WHEREAS, it is appropriate to amend Ordinance No. 77-51 to try to 35 eliminate some confusion in the past regarding the phrase "Permits to 36 Operate" and to up-date the Health Department's tee schedule with regard 37 to the subject facilities; and 39 WHEREAS, it is not necessary that pool water samples be submitted 40 to the Health Department on a regularly scheduled basis. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 43 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 44 45 SECTION ONE. Collier County Ordinance No. 77-51 is hereby amended 46 as follows: 47 48 ,,9 SECTION t ONE. REGULATIONS INCORPORATED BY 50 REFERENCE AND DEFINITIONS: ~ (a) The provisions and definitions of Chapter ,LgD 5 ~z.4F~-9 of the 2 Florida Administrative Code in effect on the effective date ofpassageo.' 3 this Ordinance, and future amendments to Chapter 64E-9 or to any 4 successor in function to Chapter 64E-9 which regulates ~ swimming 5 pools and/or public bathing places are incorporated by reference into this 6 Ordinance as though set out fully herein. ? (b) For the purpose of this Ordinance, the following terms are 8 defined: 9 1. The te---m "Health Department" shall mean The Collier County ~0 Health Department, a subdivision of The State Florida Department Of 1~ Health and Rehabilitative Services. 12 2. The term "Public Swimming Pool" shall mean any swimming 13 pool, spa- .typ. e pool, wading pool, special purpose pool, or water recreation ~4 attraction, together with buildings, appurtenances and equipment used in ~5 connection therewith. A oublic swimming pool, where admission is gained ~6 with q~r without payment of any fee for admission, operated by or serving a ~? camp, church, city., county., day care center, goup home facility, for eight (8) ~8 or more clients, health spa, institution, park, state or federal agency, school. ~9 subdivision: or that is .... .~ ,..r +~.~ r~ . ~., ,~j cr more families '- ;^;"' tenancy '-- 20 any type ,of cooperative housing including motels and here!s, ~ project of five (5) or more living units, such as an apartment or 22 condominium, boarding house, mobile home park, recreational vehicle park, 23 townhouse, or transient living location (such as a :'rl.ozaLorJ~otel) or where 24 the public is allowed to swim. i Agenda Words undermined are added; Words :m.:':.k '~m:gh are deleted 2 S EP !--q ~ 3. The te,,rn, "Course" shall mean a course of study in the care, 2 maintenance and operation of public swimming pools as the course is 3 approved and administered by the Health Department. 4 4. "Transient lodging" shall mean a building, facili .ty, or portion 5 thereof(excluding inpatient medical care facilities) which contains one (1) 6 or more dwelling units or sleeping accommodations~ including, bul. ILOl 7 limited to, a resort, _m'oup home. hotel, motel, or dormitory.. 8 9 SECTION t4 TWO. r,r~r-,T Tmm,mxT~-c rm Dr~r,x,~r,v POOL ~0 OPERATOR'S CERTIFICATE TO OPEP, ATE ~2 .(2t.) From the effective date of this Ordinance, it shall be unlawful 13 for any person, corporation, partnership, association or other legal entity to 14 operate anctLo_r maintain a public swimming pool unless and until some 15 person directly responsible for the maintenance and care of such swimming 16 pool shall first obtain a Pe,.rr..,it Pool Operator's Certificate to-opom~from 17 the Health Department, which must be displayed at the pool area. The pool Is shall have daily maintenance and records of the daily maintenance must be 19 retained on the pool site for review by the Health Department. 2~ 122) All persons engaged in public swimming pool services or 22 maintenance must acquire ~.a!! 23 Certificate from the Health Department. Pool service contractors holding a 24 current Certificate of C,v, mpetency license to operate issued by Collier 25 Coun _ty or by the State of Florida are excluded from this requirement. All 26 pool service contractors must be prepared, upon oral request by the Health 27 Department, to immediately present this license at the pool for inspection. [ Agenct~ Words underlined are added; Words .~m:'ck *.r,*ug~ are deleted 3 [ 5[P 1 ~ 1999 1 2 SECTION ~ THREE. PROCEDURE FOR OBTAINING OPEP~,T-rNG 3 PEP,_MIT A POOL OPERATOR'S CERTIFICATE 4 5 (a) Application. Al! applications ~,,~ .... v ....... ~, ......... a Pool 6 Operator's Certificate shall be made and filed with the Health Depmtment. 7 The Health Department shall prescribe the form of application and make s such investigation concerning all applications filed as it shall deem 9 necessary. lo (b) Issu~nce ofPe.mJ.t:: A P-em~ Pool Operator's Certificate to l~ operate shall be issued by the Health Department to all applicants who shall 12 first present evidence of satisfactory completion of an approved course in ~3 the care, maintenance and operation of public swimming pools. A twen .ty ]4 dollars ($20.00) fee shall be charged for the issuance of each Pool 15 Operator's Certificate. 16 (c) Upon payment of a fee of Ten~T~o'~,,~ w-~'~wr¢~a am twentY, dollars 17 ($20.00), any applicant may elect to challenge the final examination instead la of completing the course. If the examination is passed, a taem~ Pool · "';**'^"* .... If the 19 Operator's Certificate m-epemt-e shall be ~ssued ......... .~',,r~her ~'~ 2o examination is failed, the course must be completed before re-examination 21 and the fee dezcribed in II!(0 and the course fee must be paid. The Pool 22 Operator's Certificate will be valid for three (3) years and may be reissued 23 upon payment of an additional fee oftwen.ty dollars ($20.00). Certificates 24 valid on the effective date of this Ordinance will remain valid until 25 September 30, 2001. [ Agenda ~t~m No. Words underlined are added; Words :xm:!: LcD A Pe,,"r..it pool Operator'.~ Certificate m-epem~ issued pursuant to Section ~ THREE (b) of tlqs Ordinance shall be valid for the time periods specified in subsection (c) above unless sooner revoked for cause by the Health Department. Continued violation of any provision of the Florida Administrative Code, Chapter !OD 5 ~, as amended, shall be deemed prima fade grounds for revocation of the Pe.,"n'.it Pool Operator's Certificat~ * ........ The Pe---:wit Certificate may be declared invalid if the holder does not attend a refresher course as prescribed by the Health Department. Such refresher courses shall not be required more frequently oft-e~ than annually. (e) Provisional Pe-"r-its: In lieu ofa taema/t Pool Operator's Certificate m-opem~, a provisional peru,,/4 Certificate will be issued for an individual on registration for the course ...... :~ ..... ~'~d ~"' *~° u,,~,~, n ....... , This pe-"mit t~rovisional Certificate will be valid until the date of satisfactory completion of the course, or for six (6) months, whichever occurs first. dollars ($50.00) ma;,' shall be charged by the Health Department for all of ~ processing applications, issuing a pem~ Certificate, conducting the course and supp!}'ing supplying the required educational materials. SECTION ~ FOUR. VIOLATIONS: SWIMMING POOL WATER 2 QUALITY. 3 (a) The Health Department will cortduct unannounced inspectiol~s 4 of public swimming pools (including water sampling) at least two (2) times per year but not more frequently than four (4) times per year for each pool. 6 Each water sample shall be analyzed for bacterial contamination. Upon a 7 positive reading of the sample: the pool owner or owner's representative 8 will be notified of the positive reading. The swimming pool and adjacent 9 areas shall be immediately posted as being "closed" and shall remain closed until completion of the then required superchlorinaljon procedures. (b) In the event of fecal contamination of any pool water, the Health Department must be notified immediately by the staff of the swimming pool; and the pool and adjacent area shall immediately be posted as "closed." All solids must be removed; filters must be backwashed and be thoro~lghly cleaned, and the pool shall be superchlorinated to 20 parts per mi,Ilion. The chlorine level shall be checked to assure that it meet~ the then applicable minimum standards before the pool is reopened. t8 (-b-) Lc) Any pool, on inspection, that is found to be in violation of the 19 Florida Administrative Code, Chapter !9D 5 64E-9, or that is creating a 2o possible public health hazard shall be closed by the Health Depaxtment until corrections are made and such correctioas are verified by a re-inspection. 22 (C) Fai!',:re to submit monthly water samp!e~ for bazt~fio!cgic, al 23 examination shall be sufficient to ha~,'e the pool ~'~ ~'-' Agen di~i t~ Words underlined are added; Wordsr. m-',c!:'.!'a'c~:g~ are deleted 6 SEP 1 Pg',,,,, -- 1 (dj A fee of one hundred and eigh .ty dollars ($180.00) shall be 2 charged annually by the Health Department for the above-specified pool 3 water sampling and analysis. 4 SECTION FIVE. PLUMBING INSPECTIONS. 5 (a) A Health Department engineer shall perform inspections on the 6 plumbing for each planned public swimming pool to verify, compliance with 7 the approved engineered plans related thereto. Upon completion of the 8 plumbing installation, the pool contractor must contact the Health 9 Department's Engineer for inspection before hydraulically compacting the 10 backfill around thepool. ~ (b) A fee of fifty dollars (5;50.00) shall be charged by the Health ~2 Department for each such plumbing inspection. When compliance with the ~-' ~3 inspection has been established, the Health Department will issue written ~4 confirmation of same as no extra charge. ~6 SECTIONg~. SIX. VIOLATIONS: ~7 (a) Violation of any of the provisions of this Ordinance may sba!! ~s be punished as provided by law. Each day such violation is committed or ~9 permitted to continue may ,sba!! constitute a separate offense and shall be 20 punishable as such~. 2~ (b) It shall be a violation of this Ordinance to commence any 22 construction, modification, or re-surfacing of a public swimming pool or 23 any adjacent deck without obtaining prior written approval to do so from the 24 Health Department. Agenda [te(n No.~t Words underlined are added; Wordssm:zk t?..-c, ugk are deleted 7 SEP 1 ~ 99 Pg o~ ~ (c) Each spa located within a pool/spa combination and the pool 2 having a water capacity, of 25.000 gallons or more. or where the pool is 3 within (or is a component part o0 transient lodging: shall comply with 4 Subsection 64E-9.010, Florida Administrative Code, as now exists or 5 amended hereafter (or its successor in function) which now reads: 6 "Oxidation reduction potential" (ORP) controllers shall be provided on spa v pools to assist in maintaining proper disinfection levels." Such ORP/PH 8 controllers must be installed by or on behalf of the pool owner (at no cost to 9 the County.) within one (1) year following the effective date of this l0 Ordinance. ~ (d) Each public pool owner applying for exempt status for ~2 construction must submit (to the Health Department) performance based ~3 plans to prove that the proposed pool will not manifest a direct main drain ~4 suction condition. Hand feeding chlorine into a public pool shall not be any is substitute for an automated chlorination system. A final inspection will be 16 required to verify, compliance with this requirement. One fee of fifty ~? ($50,00) shall be charged by the Health Department for broth perforn~ance ~8 plans review and finalinspection. ~9 (¢) A civil fine of five hundred dollars ($500.00) shall be paid for 2o each first uncontested violation of any provision of this Ordinance. A civil 2~ fine of one thousand dollars ($1.000) shall be paid for a second uncontested 22 violation of this Ordinance by the same facility, within any three hundred 23 and sixty. (360) days of the effective date of the first violation. In addition, 24 enforcement of this Ordinance may be by applying Section 1-6 of the 25 Collier County. Codes of Ordinances. Words underlined are added; Words :~.:.e!: ~.,.-c:g[ are deleted 8 { SEP 1 q'I99°., 2 SECTION ..]EVEN. FEES. 3 Fees specified in this Ordinance may be revised from time-to-time by 4 Resolution of the Board ofCoun .ty Commissioners. 6 SECTION TWO. INCLUSION INTO THE CODE OF LAWS 7 AND ORDINANCES. 9 The provision of this Ordinance shall become and be made a part of the ~0 Code of Laws and Ordinances of Collier County, Florida. The sections of ]~ this Ordinance may be renumbered or re-lettered to accomplish such, the ]2 word "ordinance" may be changed to "section," "article," or any other ia appropriate word. 14 15 SECTION THREE. CONFLICT AND SEVERABILITY. ~6 In the event this Ordinance conflicts with any other Ordinance of Collier ]7 County or other applicable law, the more restrictive shall apply. If any " 18 phrase or portion of this Ordinance is held invalid or unconstitutional by ]9 any court of competent jurisdiction, such portion shall be deemed a 20 separate, distinct and independent provision and such holding shall not 2~ affect the validity of the remaining portions. 22 23 SECTION FOUR. EFFECTIVE DATE 2,~ This Ordinance shall take effect upon receipt of notice that it has been filed 2s with the Secretary of State. 26 Words unaerl,ned are ad&a; Worcls ~ma.~ a~-cug~ are aeleted 9 NO. ~ ~ (~ I PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney Swimming Pool Ord, Words underlined are added; Words gm:z, kflxoggh,:redeleted 10 SEP' l't 991 EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES. OBJECTIVE: For the Board to review and consider a petition for the creation by County ordinance of the Mediterra South CDD CONSIDERATIONS: On June 15, 1999, Bonita Bay Properties, Inc., Managing Member of the Long Bay Partners, L.L.C., filed a petition with Vincent Cautero, Division Administrator, Community Development and Environmental Services Division, for the establishment of the Mediterra South CDD A mandatory $15,000 application fee was submitted with the petition. The land area proposed to be served by the District is bounded on the north by the Collier/Lee County ~,... line; on the south by the future East/West Livingston Road right-of-way; on the east by the future North/South Livingston Road right-o£-way; and on the west by Old U.S. 41. The proposed Mediterra CDD comprises approximately 903 contiguous acres. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the petition. The proposed land area to be served by the District is being developed by Long Bay Partners, L.L.C., as a community development project which as currently proposed and subject to change ultimately consisting o£ approximately 750 dwelling units, golf course, clubhouse, offices, restaurants, small convenience stores as well as recreational and educational facilities. For background information purposes, the permitting and planning status of the community development, as of the date of advertising for the establishment of this CDD, is no development or rezone petitions had been filed with Collier County. Adopting the ordinance and granting the petition would authorize and District through its Board of Supervisors to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the development community. This infrastructure, under section 190.012(1), Florida Statutes, includes basic types of systems, facilities and services: water supply, sewers and wastewater management, water control and management (drainage), and roads, bridges and street lights. Upon consent by the County, and upon petition by the District Board of Supervisors, if established, the District may exercise its additional charter powers pursuant to section 190.012(2), Florida Statutes. However, this petition reviews information as to the potential exercise by the District of all special ..... powers. AGENOA ITEI~ SEP 1 ~ 1999 The District Board of Supervisors is initially elected for the first six years of the duration of this district on a property-based election (one-acre, one-vote), which has been specifically ruled constitutional. State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985). By operation of law, in time, the Supervisors are elected on a one-person one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants competitive negotiations procedures, competitive bidding procedures and others. Even with compliance with these many procedural requirements, the District may not manage and finance any of these services and facilities without a showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, shall have been complied with concerning development of the property. The District will not be used for any purposes other than those consistent with the authority to develop the community development, because the district is not a development. It is a mechanism to assure the county and the landowners of the managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the district, in the general statue itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers, within the tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent by resolution the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without a showing that it will not exceed 35 percent of the assessed valuation of the property within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the board of supervisors shall not issue general obligation bonds unless the board first holds elections on a one-person one-vote basis for a new board of supervisors. Accordingly, if Collier County adopts the ordinance it establishes the Mediterra South Community Development District which is a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District would be a financing tool, off'the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. AGENDA I'IT~ 3 2 SEP 1 1999 Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning and public works staff have reviewed the petition and the engineering and planning white papers submitted by the petitioners (attached) relative to the six (6) considerations and found the proposed Mediterra South CDD to be compliant with each of the six (6) review factors. FISCAL IMPACT: As previously noted a $15,000.00 filing fee was submitted with the petition. At this time the plan of development for Mediterra South CDD is still conceptual, and as no development or rezone petitions have been filed, any estimate of development generated revenues such as impact fees is indeterminate at this time. Since the establishment of the district does not include any development approval, the immediate fiscal impact to the County is minimal. Exhibit "7" of the petition, "Statement of Estimated Regulatory Costs" attests to the insignificance of current fiscal impacts associated with the establishment of the district. It is noteworthy that the estimated internal infrastructure to be financed by the Mediterra South CDD is $28,220,000., consisting of drainage, recreation/security, land/mitigation, roadways and water/sewer. Roadways, water and sewer facilities are ultimately to be transferred to County ownership. SEP 1 q 1999 GROWTH MANAGEMENT IMPACT: The entire 903 acres of Mediterra South CDD lies within the Urban Mixed Use designated area on the Future Lane Use Map. Although the establishment of this district does not constitute any development approval, the conceptual plan of development outlined in the petition would be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GiMP in effect at that time. RECOMMENDATION: Staff recommends that the Board adopt and enact the proposed ordinance establishing the Mediterra South CDD. Attachments PREPARED BY ~~ STAN LITSINGER, AICP J DATE PRINCIPAL PLANNER BARBARA A. CACCHIONE, AICP DATE COMPREHENSIVE PLANNING MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED,,B~Y: VINCEN~F X. CAUTERO, AICP, ADMINISTRATOR I~ATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Mediterra South CDD EX SUMMARY/Ink SEP 1 pg. /.-.7/ CDDFACTS * Primary purpose is to provide a long-term financing mechanism for community infrastructure through: 1. Assessments 2. Ad Valorem 3. Bond Issues * CDD's may hire staff, enter into leases, enter into inteflocal agreements with local governments and manage financial affairs associated with the provision of internal infrastructure. * CDD's governing Boards are covered by the Florida Sunshine Law. * CDD's are not general purpose local governments, have no home rule power, nor do they assume any powers of local governments. However, at the option of local government, they may be granted additional power and responsibility such as mosquito control, parks, and internal security. * CDD's must disclose their existence and the resulting financial impacts to lot purchasers in sales contracts. Under Florida law, individual lot owners are indemnified frOm any liens or foreclosures due to default of the CDD on its debt instruments. * When and if the population within the CDD reaches 5,000, a referendum on whether to incorporate is required. However, if an affirmative vote results, no automatic incorporation of a new city results. * CDD incorporation into a new city must be accomplished according to the procedures, requirements and limitations in Section 165.061 and Section 165.241 F.S. in the same manner as an initiative by any other community. PREPARED BY: The Collier County Planning Department CDD FACTS/md SEP 1 4 1999 MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT TESTIMONY OF DONALD WAYNE ARNOLD, AICP, PLANNER Planning Considerations Establishment of Mediterra South Community Development District My name is Donald W. Arnold, AICP. By profession I am an urban planner. am an Associate with Wilson, Miller, Barton, and Peek, and have 12 years of experience in planning and permitting related to land development activities, including: Developments of Regional Impacts, comprehensive plan amendments, property rezonings, land development code amendments, site development plans, and feasibility studies. I have a Bachelor of Science Degree in Urban-Regional Planning from Southwest Missouri State University, and a Master of Urban Planning from the University of Kansas. I have been qualified as an expert in urban planning and in local, regional, and state growth management planning in numerous hearings including Florida Administrative Hearings and in front of various Zoning Boards, Hearing Examiners, Local Planning Agency, Circuit Court, and County Commissions. Work Experience: Based on my experience and training, I will address planning aspects and consequences of the proposed new Mediterra South Community Development District Project. I have assisted in the preparation of the Petition, its required exhibits and additional information pertinent to the planning consequences of establishing' the District. This paper constitutes a summary of the planning consequences of establishing the proposed District in Collier County. The Community Development Project Which The Proposed Community Development District Will Serve Mediterra South is a master planned community located in northern Collier County, east of Old US 41, south of Bonita Beach Road and the Lee County line, west of 1-75 and north of Immokalee Road, adjacent to the future Livingston Road. The proposed Mediterra South Community Development District consists of 944 acres within the planned development referred to as Mediterra PUD. Mediterra South includes 750 residential dwelling units and 36 holes of golf. It will also include a centrally located village center which will consist of clubhouse facilities, a variety of recreational amenities, educational and training space, civic and community meeting rooms, real estate sales offices, restaurants and small-scale convenience commercial uses, totaling 60,000 square feet. Mediterra South will include a variety of associated and accessory uses customarily found in a master planned community, including recreational facilities, golf courses, lakes, conservation areas, and open space. Mediterra South will consist of several neighborhoods, each serving a distinc andno' SEP 1 1999 different market segment. A unified community framework which accommodates a variety of housing opportunities will be provided. Design guidelines and an integrated plan for landscaping, signage, utility service, stormwater management, and community services will tie the neighborhoods together, creating a viable community structure, while providing for individual neighborhood identity. The Six Statutory Factors: Section 190.005(1){e)1-6, F.S. As stated previously, the uniform nature of the general law effectively mandates redundancy in the documentation material to the establishment of a Chapter 190, F.S. District. There are practical and legal reasons for redundancy in the materials supportive of the establishment of a Community Development District. From a legal aspect, should an action of a District be challenged, the first avenue of investigation is to determine if the District was established using the authority contained in the Florida Statutes. Thorough documentation supporting the petition to establish the District, with all its redundancy, minimizes the exposure of the District under this avenue of investigation. From a practical standpoint, an exhaustive analysis of the statutory factors and procedures for the establishment of a District tends to identify problem areas which can be addressed by the District Board of Supervisors after establishment of the District, or by the District review team during the petition process. .Factor One. In my professional opinion from a planning perspective, the Petition and its attached exhibits satisfy the requirements of the statute and contain information that is both true and correct. Therefore, factor one in my opinion is satisfied from a planning perspective. Local Specialized problem: None. Factor Two. Regarding factor number two, I have done a considerable amount of analysis of both the State Comprehensive Plan and the Collier County Comprehensive Plan because this factor seeks information on whether creation and establishment of the District is consistent with any applicable element or portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. Discussion: The State Plan The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes. I have analyzed this State Plan upon the assumption that the proposed District will exercise all of its systems, facilities and services and related specialized powers set forth in the uniform charter of the District, Sections 190.006 through 190.041, Florida Statutes. As to methodology, I looked at all 26 subjects, 26 goals and several related policies under each goal in the State Plan from this perspective. First, I eliminated all subjects, goals and policies of the State Plan that related neither to the development itself, nor to the creation and establishment of the District to serve the development. Further, I rejected any goals, subjects and policies that related only to the development and land use project. As a result, I was aL [,~ t,~ identify certain remaining subjects, goals and policies, and to review and ~ /,~_C) ~ SEP 1 1999 evaluate them, as they related, in my opinion, to the creation and establishment of a Community Development District. Using this methodology, I have determined that four goals and related policies actually apply to the subject of this petition, the establishment of the proposed Mediterra South Community Development District. I have analyzed each subject and goal and then identified various specific policies under each of them which related to the proposed District, once again, applying all of these factors to the assumption that the District would exercise on the particular property in Collier County all of its specialized powers in subsections (1) and (2) of Section 190.012, Florida Statutes. Subject and Goal 16 (16) LAND USE.- (a) Goal.- In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. First, Subject Number 16 and its related goal apply because the subject of development being directed to areas having, or programmed to have funded land and water resources, and service capacity to serve growth in an environmentally responsible manner relates directly to the District purpose of fiscal responsibility and adequate service supply through District provided infrastructure improvements. I determined that establishment of the proposed District would not be inconsistent with this goal and subject because Chapter 190, F.S., found that services provided by a District can be "...a timely, effective, responsive and economic..." means of accommodating development demands "...without overburdening other governments and their taxpayers." Local Specialized Problem: None. Policy 16(b)l. Promote state programs, investments, and development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. Regarding policy 16(b)1, establishment of the District is not inconsistent because Chapter 190, F.S., requires efficiency and responsibility in the utilization of District powers in providing services to supply development demand. Local Specialized Problem: None. Policy 16(b)2. Develop a system of incentives and disincentives which encourage separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. Regarding policy 16(b)2, a District is a program which, when established, is required by law to provide service capacity in areas designated for urban services, and to provide such services in an environmentally sensitive manner. The ' ' SEP 1 q 1999 proposed District is not inconsistent with policy 16(b)2 of Chapter 187, F.S. Local Specialized Problem: None. Policy 16(b)5. Encourage and assist local governments in establishing comprehensive impact-review procedures to evaluate the effects of significant development activities in their jurisdictions. Based on the fact that the proposed District, when established, must report annually for such facilities using comprehensive impact review procedures set forth in Section 189.415, F.S., it is not inconsistent with Policy 16(b)5 of Chapter 187, F.S. Local Specialized Problem: None. Subject and Goal 18 (18) PUBLIC FACILITIES.- (a) Goal.- Florida shall protect the substantial investments in public facilities that already exist and shall plan and provide for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Next, I determined that Subject 18 and its related Goal would be directly implemented through the establishment of the proposed District through the responsible provision of services and facilities when needed. Based on that determination, the District would not be inconsistent with this subject and goal. Local Specialized Problem: None. Policy 18(b)3. Allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. Through an understanding of the principle behind the establishment of a District, where facilities and services provided by the District are paid for by those whose property benefits from those facilities and services through assessments and use fees, I find that the proposed District will implement policy 18(b)3, and therefore, in my opinion, is consistent with the policy. Local Specialized Problem: None. Policy 18(b)4. Create a partnership among state government, local governments, and the private sector which would identify and build needed public facilities and allocate the costs of such facilities among the partners in proportion to the benefits accruing to each of them. In regard to Policy 18(b)4, the proposed District is a partnership between State government, local government, and the private sector, given that a District's charge is to utilize its statutory powers for the provision of infrastructure only in conformance with local and state regulations. Thus, establishment of the proposed District is not inconsistent with this policy. Local Specialized Problem: None. Policy 18(b)5. Encourage local government financial self-sufficiency in providin~ SEP 1 1999 public facilities. In regard to Policy 18(b)$, thc proposed District, if established, would bca single usc special purpose local government, and would be self-sufficient in the provision of infrastructure systems, services and facilities given that it would not draw upon other County resources. The establishment of the proposed District would not be inconsistent with this policy. Local Specialized Problem: None. Policy 18(b)6. Identify and implement innovative but fiscally sound and cost- effective techniques for financing public facilities. The establishment of the proposed District is the demonstration of Policy 18(b)6's intent, whereby the District is an innovative means of providing fiscally sound and cost effective service and facility improvements. The formation of the District is not inconsistent with this policy. Further, the District, when established, being a special purpose local government, would have limited powers to design, fund and construct services and facilities necessary to accommodate the project's facility and service demand, and coordinate with Lee County the connection to its capital facilities. The proposed District is not inconsistent with this policy. Local Specialized Problem: None. Policy 18(b)7. Encourage the development, use, and coordination of capital improvement plans by all levels of government. Given that the District, when established, is subject to the reporting provisions of Section 189.415, Florida Statutes, which in paragraph (6) states, "For purposes of the preparation or revision of local government comprehensive plans required pursuant to s. 163.3161, a district public facilities report may be used and relied upon by the local general purpose government or governments within which the special district is located. The proposed District, if established, will implement this policy statement, and is therefore consistent. Local Specialized Problem: None. Sub|ect and Goal 21 (21) GOVERNMENTAL EFFICIENCY.- (a) Goal.- Florida governments shall economically and efficiently provide the amount and quality of services required by the public. Subject 21 deals with Government Efficiency and it, along with its goal, applies because of the statutory finding that a District is a means to deliver services and facilities in a timely, efficient and cost effective manner. The proposed District is not inconsistent with Goal 21. Local Specialized Problem: None. Policy 21(b)l. Encourage greater cooperation between, among, and within all evems~c.O~A SEP 1 1999 of Florida government through the use of appropriate inter-local agreements and mutual participation for mutual benefit. The Mediterra South Community Development District, when established, becomes a separate special purpose local government with the authority to provide public services and facilities within a limited land area. As a local government, the District has the ability to enter into inter-local agreements with mutual participation for the benefits to the land and residents within the District, and the rest of the County. Given that any action on the part of the District cannot be inconsistent with any portion of Collier County's Comprehensive Plan, including the Intergovernmental Coordination Element, both governments will be operating within the parameters of the Comprehensive Plan. This leads to close communication and coordination between the levels of government which provide a mutual benefit for both the County and District. The District, in my opinion, implements this policy and is therefore consistent. Local Specialized Problem: None. Policy 21(b)2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards. Policy 21 (b)2, captures the intent of why Community Development Districts are an important and integral component in the management and financing of community development facilities and services. A CDD has uniform general law standards as specified by the enabling Statute, obtains funding through the sale of bonds which are repaid by the people who directly receive the benefits of the services and facilities the District provides, and does not burden the general taxpayer with obligations to pay for services and facilities inside the District boundaries. Given that all Chapter 190, F.S., Districts are created and established pursuant to the specific general laws, factors and standards specified by the law, the establishment of this type of District is consistent with the policy not to allow the proliferation of independent taxing districts which do not have those specific general law factors and standards. The District would serve to implement this policy, and in my opinion, can be considered consistent. Local Specialized Problem: None. Policy 21(b)5. Eliminate needless duplication of, and promote cooperation in, governmental activities between, among, and within state, regional, county, city, and other governmental units. As stated previously, a District is statutorily required to report as to operation and demand on its facilities pursuant to Section 189.415, F.S., which Collier County may utilize in its Annual Update and Inventory Report pursuant to its Comprehensive Plan. This, along with a District's charge to operate in AC_~r)A ff~. conformance with local, regional and state growth management requireme: tts, ~./_~C) .3 SEP I 1999 PS. // including the State mandated Intergovernmental Coordination Element's inter- local agreements, proves, in my opinion, that the District would not be inconsistent with Policy 21 (b)5. Local Specialized Problem: None. Policy 21(b)9. Encourage greater efficiency and economy at all levels of government through adoption and implementation of effective records management, information management, and evaluation procedures. Information and records analysis and management are an operational requirement of Chapter 190, F.S., through record keeping, disclosure, and government-in-the- sunshine. This, in my opinion, effectively implements the call for efficiency in government set forth in Policy 21(b)9, thereby making a District consistent with that policy. Local Specialized Problem: None. Subject and Goal 26 (26) PLAN IMPLEMENTATION.- (a) Goal.- Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. Subject No.26 addresses plan implementation. Its related goal sets forth that systematic planning capabilities shall be integrated into all levels of government in Florida, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. As stated previously, a District has a statutory mandate to report information concerning District operations. Further, a District being a special purpose government must advertise its regularly scheduled meetings, ensuring the opportunity for public comment. The proposed District, if established, in my opinion, is consistent with this goal and would implement it. Local Specialized Problem: None. Policy 26(b)2. Ensure that every level of government has the appropriate operational authority to implement the policy directives established in the plan. By virtue of the fact that a District established pursuant to Chapter 190, Florida Statutes, must not be inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted the operational authority to implement policies of the Plan. The proposed District is not inconsistent with Policy 26(b)2. Local Specialized Problem: None. Policy 26(b)3. Establish effective monitoring, incentive, and enforcement capabilities to see that the requirements established by regulatory programs are met. Policy 26(b)3 calls for measures to assure that regulatory programs are adhered to. A District is not exempted from any applicable local, regional or state growtl} Comrnhnity management regulatory programs, thus the proposed Mediterra South I ~. SEP Development District is not inconsistent with this policy. Local Specialized Problem: None. Policy 26(b)8. Encourage the continual cooperation among communities which have a unique natural area, irrespective of political boundaries, to bring the private and public sectors together for establishing an orderly, environmentally, and economically sound plan for future needs and growth. The District is required to operate in the sunshine, encouraging public participation, and as stated previously, reporting of the District's facilities and services status to the County government provides a mechanism for cooperation between the general purpose and special purpose governments. A District, in my opinion, not only is consistent with Policy 26(b)8, it implements it. Local Specialized Problem: None. Caveat: I have also reviewed all the subjects, goals and policies which I have determined do not apply to the proposed District, and it is my professional opinion that establishment of the District is therefore, not inconsistent with any of those subjects, goals and related policies. From a planning perspective, (as to management and financing of all the basic infrastructure systems, facilities and services which the District by law is authorized to provide), my opinion is that the creation and establishment of the District is not inconsistent with any subject, goal and policy of the State Comprehensive Plan, as amended. Collier County Local Government Comprehensive Plan The Collier County Local Government Comprehensive Plan is set forth in Collier County Ordinance 89-05, as amended. This Plan is currently in force and effective in Collier County. Under the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, part II, Florida Statutes, as amended, the Plan consists of various components, elements and other designations. By way of methodology, I applied each special power available to the Community Development District under all of Section 190.012, Florida Statutes, to every element, component, section and other aspect of the Collier County Comprehensive Plan. I have applied this Plan, as a planner in, order to determine whether there is any particular inconsistency with the Plan from creation and establishment of the proposed District. The detailed methodology I used to make this determination is similar to that I outlined with regard to the State Plan. First, I eliminated certain goals, objectives, policies, elements, components, sections and portions which do not address creating and establishing the proposed District; I also rejected those which relate strictly to community developments. These subjects are irrelevant to the creation and establishment of the proposed District. After eliminating these matters, I identified and evaluated the remaining parts of the Plan as to whether creation and establishment of the proposed District, exercising any and all of its special powers, would be inconsistent. As to these goals, policies, components, elements, sections and other aspec~ ~;"oi A~A nr~ SEP I q 1999 /,3 the Plan which relate to creation and establishment of the District, I noted five for the purposes of this planning analysis. The establishment of the Community Development District to provide the governmental services attendant to Mediterra South complies fully with the goals, objectives and policies of the Collier County Growth Management Plan. As stated in the Collier County Planning Services Department staff report on Mediterra South petition to establish a uniform Community Development District, "staff concludes that the creation and establishment of the district is not inconsistent with any applicable element or portion of either the state comprehensive plan or the Collier County Growth Management Plan. The sections referred to by the staff report relate specifically to the establishment of a District pursuant to Chapter 190, Florida Statutes. CAPITAL IMPROVEMENTS ELEMENT Objective 1.2: Financial Feasibility. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future Developments payments may take the form of impact fees, dedication of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Mediterra South development will be totally independent of county-subsidized facilities and services and will pay its proportionate share of infrastructure costs through payment of impact fees, property taxes and special assessements. Local Specialized Problem: None PUBLIC FACILITIES ELEMENT--POTABLE WATER SUBELEMENT Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed when acceptable to the the Collier County Water-Sewer District for operation and ownership... Mediterra South will provide and maintain potable water infrastructure to support the proposed development, and will connect the sytem to Collier County consistent with the Collier County Utilities Ordinance. The proposed District is consistent with this Policy. Local Specialized Problem: None RECREATION AND OPEN SPACE ELEMENT Objective 1.4: Continue formal mechanism to improve and coordinate efforts among levels of government and the private sector in order to provide recreational opportunities. Mediterra South will provide extensive passive and active recreation and ope~, space facilities throughout the project site. The project will include natural preserve SFP 1 1999 lakes, parks, golf courses, and active recreation facilities such as tennis, swimming, and health club. The acreage devoted to recreation and open space uses totals over 650 acres. Mediterra is consistent with the Collier County Policy 1.4 in its commitment to provide on-site recreational facilities. Local Specialized Problem: None INTERGOVERNMENTAL COORDINATION ELEMENT Goal 1 and Objective 1.1.: Provide for the continual exhcnage of information and the use of any intergovernmetnal coordination mechanisms to achieve compatible and coordinated plans. Mediterra South has extensively coordinated with various public and private sector agencies in the delivery of services, such as Collier County, Lee County, and Flordia Power and Light to insure that services are coordinated and non-duplicative. FUTURE LAND USE ELEMENT Objective 5 and Policy 5.1: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element. Ail rezonings must be consistent with the Collier County Growth Management Plan. Mediterra South is a mixed use master planned community, which has utilized the Planned Unit Development zoning district alternative to establish the development program, and the establishment of the Community Development District to provide governmental and infrastructure services. The project site is located in the area designated for Urban Mixed-Use development on the County Future Land Use Map. The project is consistent with the permitted land uses, densities and policies of the Future Land Use Element of the Collier County Growth Management Plan, and the Community Development District is consistent with these policies. Local Specialized problem: None. Having thoroughly reviewed the Plan of Collier County as it may be related to the creation and establishment of a District pursuant to Chapter 190, Florida Statutes, I found that the proposed District is not inconsistent with goals, objectives, policies, sections or portions which were found not to be applicable to the establishment of a District. Based upon the aforementioned findings, the creation and establishment of the proposed District would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it were to exercise any and all of its statutory powers. In fact, the proPOsed District would further the Plan in general, and many ot~its AGV_J~A ~xr~ --' SEP 1 1999 specific components. Further, the creation and establishment of the proposed District would not be inconsistent with those parts of the Plan which do not relate to the creation and establishment of a District. Factor Three Factor three deals with whether the area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Key terms and words need to be defined or put in proper context from a planning perspective as related to the factor and infrastructure delivery. A "community" is a unified body of individuals living in a particular area linked by common, social, political or economic interest. Community governments provide people with those facilities and services they desire to live in the community. These include water, sewer, police, fire protection, roads, parks libraries and some social services such as child care, affordable housing assistance and health care. From the planning perspective the term "functional interrelated community" means that the functions of a community must be integrated into a long-range plan to analyze the future needs of the community. Each function requires a funding source and an understanding of the size of the community's needs so as to handle the growth and development of the community. Additionally, the land area of a community must be of sufficient size to accommodate the permitted land uses and the required, interrelated infrastructural facilities and services. Functional interrelation means that each community function has mutual relationship to the other. Each function must be designed to contribute to the development or maintenance of the larger whole, or as used here, the community. Under this factor, using the understanding I outlined of a functional interrelated community above, I can determine whether the actual physical area within Collier County on which the proposed District would function to provide infrastructure to the proposed community development raises any particular problems as to size, compactness or contiguity. The size of the land area for the Community Development District is 944 acres. In my opinion, the size is sufficient to operate as a community because it has been master planned to be efficient in land utilization, to provide for all land uses necessary to be physically, and socially self sustaining. Compactness relates to closeness in distance between the lands within the development. It is a spatial term used to describe property that is close together. Having reviewed the proposed Mediterra South Community Development District's land area, I find that its boundaries are sufficiently compact, have no major obstacles separating the land uses, and are not irregular in shape. It is not substantially divided and the land area is such that there can be both physical and social functions. In my opinion, therefore, the land area within the proposed community development which would be serviced by the District is sufficiently compact to be a functional interrelated community. Contiguity is another spatial term which can describe lands which are adjac :::t, a where all parts of a project are either in actual contact or are separated by no more han~.~ SZP I 1999 road or street or a small separation. The properties must be close enough to allow the cost effective and efficient use of infrastructure, services and design. The actual touching of property lines is not required for property to be sufficiently contiguous for planning purposes. In reviewing the land area which will be serviced by the proposed Mediterra South Community Development District, I believe that the land is sufficiently contiguous to be a functional interrelated community because it is spacially close together, completely contiguous, and it is large enough in land area to allow for the efficient provision of infrastructural systems, facilities and services. Local Specialized Problem: None Factor Six This factor, dealing with land area, is more appropriately analyzed out of numerical order so as to be associated with the preceding factors which also deal with land area issues. Factor six deals with whether the area that will be serviced by the District is amenable to separate special-district government. I have reviewed information about the proposed District from this perspective. In order to do so, I have determined that the terminology "separate special district- governance" means governance, established by law through petition or vote by the Board of County Commissioners, with limited special functions and powers to levy taxes or special assessments within a legally defined geographical area. The proposed District, if established, would be a special district government. The term "amenable" can be defined to be an appropriateness for accountability, or responsive. Having determined that the land area is sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an inter-related community, I now, as a planner, must determine whether that land area is also amenable to being governed by the Community Development District as set forth in its uniform charter in Section 190.006 through 190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the District of any and all of its special powers in that charter. In my opinion the land area for the District is amenable to special district governance because the land area proposed to be established as a District has the need for the services and would benefit from the facilities that the special district would provide, and through my previous findings, the land area is of sufficient size, sufficiently compact and contiguous to be a functional interrelated community. Local Specialized Problem: None. Factor Five Factor five should be addressed out of numerical order. It deals with whether the community development services and facilities of the proposed District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. By legislative mandate, all actions and implementation of any or all of the District powers are governed by and must not be inconsistent with the Collier County Growth Management Plan. This insures compliance with County land AC, E~A development regulations and concurrency requirements. SEP I 1999 I have reviewed the land area on which the proposed District will be established to determine if there are any regional systems, services or facilities which through their existence may be problematic related to District functions, and found no such facilities. Therefore, no problems would be created. Local Specialized Problem: None. Factor Four Factor four must logically be taken out of numerical order. It deals with alternatives, essentially requiring the Board of County Commissioners to use relevant, material and pertinent information as to the various alternative ways to provide basic systems, facilities and services to the community development. From a planning perspective there are three alternative ways to provide basic systems, facilities and services to the community development on this property in Collier County. The first is private, through developer managed improvements, separate private infrastructural contractors, a private utility company, a homeowners association, or any combination of these private means of providing community development services and facilities along with related financing powers. The second alternative would be public, either through the County itself or by County management while financed through independent districts, or through the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third alternative would also be public, but through the specialized, limited and single purpose Community Development District provided for by Chapter 190, Florida Statutes, which coincides with both public and private interests and capabilities. Planning considerations needed to determine the best alternative to deliver basic infrastructure to community developers are whether the alternative was able to provide the highest quality services and facilities; whether the alternative was capable to deliver the facilities and services in a timely manner when the community development service and facility demand occurs; whether the alternative had a means of management to be responsive to the community development over the long term; and whether the alternative could obtain and maintain long-term financing to facilitate the management benefits. Regarding the supply of infrastructure in advance of the impacts of the actual development, concurrency is an important consideration. In this regard, it is vital to have an understanding of the community development infrastructure commitments during the master planning process to properly and efficiently phase the construction of the community development facilities. This allows a full utilization of constructed facilities before new branches of those facilities are constructed. The statutory District reporting mandates described previously can be utilized by Collier County as a concurrency management mechanism to implement applicable provisions (i.e., Future Land use Element, Capital Improvement Element, etc.), of its Growth Management Plan. Only the Community Development District alternative means of providing community development systems, facilities and services allows for a cooperative concurrency management program between the County general purpose government nd th~ District special purpose local government. A~A SEP i 4 1999 Local Specialized Problem: None. Long term and sustained adequacy and efficiency of infrastructure are important, and I note that among the three alternatives, the proposed District would more closely and efficiently manage services and facilities given the District's sole responsibility is the community development's infrastructure needs, both immediate and in the long term. Further, a District can be more responsive to the residents of the community development and other affected parties, than can be provided by the alternatives which either have a broader public accountability, or narrowed interests. Regarding the important planning principle of long term implementation and maintenance, I find that among the three alternatives the District's unique operational and management role would provide the community development residents greater assurance of the maintenance of the community development services and facilities which would not be otherwise be provided for by the alternatives at such a high level of quality, particularly in the long term. Collier County could supply the community development infrastructure, but it does not have the opportunity for phasing flexibility, nor does it have focused attention for monitoring and maintenance as would a District. This is again due to Collier County's general purpose, where it must be responsive to multiple community developments and other special interests, whereas a District created and established pursuant to Chapter 190, Florida Statutes, has a singular special interest of the community development that it serves. The private installation of community development infrastructure, while providing quality systems, services and facilities may not have the management and maintenance longevity, particularly when the community development is "built-out" and traditionally turned over to homeowners and/or condominium associations which traditionally are only interested in their individual association matters. The proposed Mediterra South Community Development District is the most appropriate means of providing community development systems, services and facilities because it is functionally involved in the overall physical master planning of the development, equitably distributes the costs and responsibilities to the users of the systems, services and facilities, provides for long term maintenance, and provides a greater assurance that the Mediterra South Community Development District is the most appropriate means of providing community development systems, services and facilities because it is functionally involved in the overall physical master planning of the development, equitably distributes the costs and responsibilities to the users of the systems, services and facilities, provides for long term maintenance, and provides a greater assurance that the residents served by the Mediterra South Community Development will have a sustained quality of life. Local Specialized Problem: None. AC.~_NDA ITEJ;~ SEP 1 1999 MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT STEPHEN A. MEANS Engineering Considerations Establishment of Proposed Mediterra South Community Development District My name is Stephen A. Means. By profession I am a Professional Engineer registered in the State of Florida. Attached is my resume. My job is to raise and discuss engineering aspects and consequences of proposed new community development projects in general, and the various alternatives for the delivery of basic infrastructure to community developments. This includes the use of the specialized governmental entities known as Community Development Districts for the provision of basic infrastructure. Regarding the Mediterra South ~ommunity Development District which would provide infrastructure to The Mediterra Development, I have assisted in the preparation of the Petition, its required exhibits, and additional information pertinent to the engineering consequences of establishing the District. This document constitutes a summary of the engineering consequences of establishing the District on the identified property in the County. The general law which creates the charter of the District requires information which must be contained in all petitions, as required in the uniform establishment procedure set forth in Section 190.005, Florida Statutes. The Petition with its attachments establishes initial information on the record and triggers the process which results in an ordinance establishing the District on the legally described property, pursuant to Section 190.005(1)(a), Florida Statutes. The Statute then requires pertinent information as to the six factors which must be considered by the Petitioner, the County District Processing Team, and, ultimately, the members of the Board AGENDA ITEM .,, SEP 1999 of County Commissioners of Collier County in establishing the District, pursuant to Section 190.005(1)(e) 1-6, Florida Statutes. This document addresses the engineering aspects of not only the information in the Petition and its exhibits, but also the information related to consideration of the six statutory factors. I have reviewed the engineering consequences of establishing this District with the assumption, for the edification of the County staff and elected officials, that the District would exercise all of the systems, facilities, and services it is empowered to provide as basic infrastructure to the Community development under both subsection (c) and (2) of Section 190.012; Florida Statutes. After reviewing the Petition and its exhibits, I used the six factors as a guide for my engineering analysis in order to determine whether a particular problem specific to Collier Countv and the District is identified. I have also anticipated questions and concerns oriented specifically toward Collier County near the end of this document. FACTOR ONE Regarding creation and establishment of the District, my duties were to inspect the site within Collier County where the District is to be set up. I also helped prepare the Petition and its attachments from an engineering perspective. In my opinion, as an engineer, the Petition and its attached exhibits are true and correct. Special Problems No special engineering problems were evident during my review. FACTOR TWO Although not directly my responsibility because I am not a planner, I have reviewed the State Comprehensive Plan from an engineering perspective. I have found nothing in the State Comprehensive Plan with which creation and establishment of the District would be inconsistent. Furthermore, I have reviewed the Collier County Comprehensive Plan and have determined there is nothing with which creation and establishment of this District would be inconsistent. My work assumes for analysis purposes that the District, on this property in Collier County, will exercise any and all of its special powers as set forth in its charter, Section 190.006 - 190.041, Florida Statutes. I have also used the six factors in Section 190.005(1)(e) 1- 6, Florida Statutes. in the light of all the District's special powers to determine whether any specialized problems presently exist on this property in Collier County, or will evolve from the creation and establishment of the District. Currently, the Petitioner proposes to ask the Board of Supervisors of the District, once established, to provide certain specialized systems, facilities and services as basic infrastructure to the community development. However, once again, I have reviewed establishment of this District, from an engineering perspective, on he assumption that the district will exercise all of its powers under Section 190.012 (1) and (2), Florida Statutes. Preliminary to all of my work, I have reviewed the actual physical property to be included within the District. Regarding enclaves, I note that none exist or are proposed in the legal description of the District. ;,,.~,: ~, ,,~,-~Ev^ss AGENDA ITEM x34-OI24~II-ECOR-22827 SEP 1 q 1999 Special Problems: No special engineering problems were evident during my review. FACTOR THREE Having reviewed the property, in the light of the special powers available to the District, I then considered statutory Factor Three, which deals with whether the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. From an engineering perspective, a "community" is a residential, commercial or industrial community, or a community made up of a combination of uses. It has an infrastructure system which has certain engineering functions. All of these infrastructure systems must be designed and constructed so that their operation does not conflict with other services. These services also interrelate because they are necessary in combination to provide for the health, welfare, benefit, and enjoyment to the service users within the community. The term "functionally interrelated community," from an engineering perspective, means a community which provides systems, facilities and services in a consistent, reliable, and cost effective manner. The size of the land area is important in order to determine whether the proposed community development can functionally interrelate, from an engineering viewpoint. Having reviewed the size of the land area in question, I have determined that it is 903.33 acres, more or less. This acreage, in my professional opinion, is of sufficient size to provide for a functionally interrelated community development, which could be serviced by a Community Development District. From an engineering viewpoint, the word "compactness" means the lands within the community are situated such that the systems, facilities, and services can be provided in a functional and cost effective manner. In reviewing the land area for the proposed community development, I have determined that it is sufficiently compact because based on my experience with similar development, the community systems, facilities, and services can be provided in a functional and cost effective manner. As an engineer, I understand the term "contiguous" to mean adjacent and abutting. After analyzing the proposed layout of the community, it is my opinion that the land area of the District is sufficiently contiguous to have its systems functionally interrelate in an economical manner. In my opinion, reviewing the land area involved, I determine that it is of sufficient size, is sufficiently compact and is sufficiently contiguous to function as an interrelated community development itself. Special Problems: No special engineering problems were evident during my review. FACTOR SIX Factor Six is addressed next. It deals with whether the land area to be serviced by the District is amenable to special district governance. Having determined, by applying the information relevant and material to Factor Three, that the land area is of sufficient size, sufficiently compact and sufficiently contiguous to be a functional interrelated community development, the question now arises whether the land area and its community development are serviceable by the District. The Statute uses the term "amenable." From an engineering perspective, this term means the area can be adequately and economically served by the District provided systems, facilities or services. The key factor is to determine if there are economies of scale by providing the required and desired services through a Community Development District. Is the land area too small to obtain the benefits of a District even though it is not too small to be permitted as a new community? The answer is that since the land area, based on the proposed layout of the community, is sufficiently compact and contiguous to efficiently provide services, its size does not limit or render it incapable of providing significant economies of scale when governed by a special district. In my opinion the land area in the District is amenable because of its size and the proposed layout of the community. Also, there are no existing or proposed land features, facilities, encumbrances or restrictions that would make the services and special capabilities of the District difficult or inefficient to provide. Special Problems: No special engineering problems were evident during my review AGENDA ITEM ~ SEP I 1999 FACTOR FIVE Factor Five should be considered next. It deals with whether the District would be incompatible with any community development systems, facilities or services, either existing or authorized. From an engineering perspective, I understand the term "community development services or facilities" to mean those infrastructure providing use, benefit, and enjoyment to the users of the services or facilities. In reviewing the site, I have determined that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. Regarding the District facilities, systems and services, I view the term "compatibility," as an engineer, to mean the District provide facilities, systems, and services can be integrated into adjacent existing facilities, systems, and services without significant loss of function or economy. In my opinion, creation and establishment of the District and its systems and facilities will not be incompatible with all of the existing or future authorized local and regional systems, facilities and services. There will not be an overlap or duplication of services. The services provided by the District will augment and improve those provided by Collier County and its special districts. Special Problems: No special engineering problems were evident during my review 1~2934~)124~o I -ECOR-22827 3.3 SEP 1 1999 FACTOR FOUR It is now logical to review Factor Four. To determine if the District is warranted, it must be considered if it will be the best alternative to provide the required and desired services and facilities to the land area on which the District is to exist. There are three major public and private alternatives for the provisions of infrastructure systems, facilities, and services to proposed functionally interrelated community developments. Purely private alternatives include a developer and a homeowner's association. The first public alternative is a Community Development District. The other public alternatives include the County, County management with a Municipal Service Taxing Unit (MSTU) or Municipal Service Benefit Unit (MSBU), County dependent special districts, and other regional and local independent districts. In reviewing these alternatives for the particular land area in question in Collier County, I reviewed the availability of existing services, the effort and cost required to extend service to the community development, the cost of providing daily service, and the long term level of management and maintenance required for the systems, facilities and services. From an engineering perspective, although Collier County has decided under most circumstances to provide water, sewer, and irrigation services through a dependent district, or independent purveyor, the County has not determined to provide other infrastructure to community developments. The County is not, in my opinion, the best alternative to provide those other systems, facilities and services from an engineering viewpoint for the following reasons: The County has not master planned, designed, nor funded those other systems, facilities, and services. The purpose of the District is to design, build, fund, and operate those other systems, facilities, and services. Regarding the private developer, any private company, or a homeowner's association as an alternative way to provide the remaining systems, facilities and services, I note as an engineer, that there are a number of disadvantages including: · The private developer may not have the funds to provide or complete the remaining systems, facilities, and services. · The homeowner's association may not adequately plan for the long term maintenance and replacement of the systems, facilities, and services. Accordingly, the best alternative for this property, in my opinion as a professional engineer dealing with infrastructure provisions for the community development project is the District itself. The basis for this opinion is my experience as a civil engineer working in Collier County and dealing with Collier County Government and the private development community on a daily basis. Special Problems No special engineering problems were evident during my review BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RE: PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT / PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT LONG BAY PARTNERS, L.L.C., by and through its undersigned attorney, ("Petitioner") petitions the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Commission") to adopt an ordinance establishing a uniform community development district pursuant to the Uniform Community Development District Act of Florida, Section 190, Florida Statutes, (1997), as amended, and to designate the land area within which the District may manage and finance basic infrastructure, systems, facilities and services. In support thereof, Petitioner submits: 1. Petitioner, Long Bay Partners, L.L.C. is a Florida Limited Liability Company for which Bonita Bay Properties, Inc. is the Managing Member with its principal place of business at 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134 and whose Vice President is Susan Watts. 2. The land area to be served by the District is in Collier County. The land area is bounded on the north by Collier/Lee AGENDA ITEM SEP 1 1999 County line; the south by future East/West Livingston Road R/W; on the east by future North/South Livingston Road R/W; and the west by old US Highway 41; and comprises approximately 903.33 contiguous acres. A map showing the location of the land area to be serviced by the District is attached as Exhibit "1". 3. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit "2". There is no real property within the boundaries of the District which is to be excluded from the jurisdiction of the District. 4. Attached as Exhibit "3" is documentation constituting written consent to the establishment of the~istrict by the owners of 100% of the real property to be included in the land to be serviced by the District. 5. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who shall serve in that office until replaced by elected members, as provided in Section 190.006, Florida Statutes, are: (1) Ed Rodgers whose address is: Bonita Bay Properties, Inc.,3451 Bonita Bay Blvd., S.W., Suite 202, Bonita Springs, FL 34134-4395 (2) Margaret Emblidge whose address is: Bonita Bay Properties, Inc., 3451 Bonita Bay Blvd., S.W., Suite 202, Bonita Springs, FL 34134-4395 (3) Charley Nevaril whose address is: Bonita Bay Properties, Inc., 3451 Bonita Bay Blvd., S.W., Suite 212, Bonita Springs, FL 34134-4395 ACtA SE? 1 1999 (4) Tim Tonachio whose address is: Bonita Bay Properties, Inc., 3451 Bonita Bay Blvd., S.W., Suite 202, Bonita Springs, FL 34134-4395 (5) Grady Miars whose address is: Bonita Bay Properties, Inc., 3451 Bonita Bay Blvd., S.W., Suite 202, Bonita Springs, FL 34134-4395 6. The name of the proposed District is the Mediterra South Community Development District. 7. A map of the proposed District showing current major trunk water mains and sewer interceptors, utilities and outfalls, if any, is attached as Exhibit "4". 8. The estimate of proposed timetables and related costs of construction and provision of District services and facilities which are contemplated by Petitioners and which may be proposed to the District Board of Supervisors, based upon available data and which are subject to change, is attached as Exhibit "5". 9. Collier County has adopted all mandatory elements of its Local Government Comprehensive Plan known as the Collier Comprehensive Plan, found in County Ordinance No."89-05", as amended, in accordance with requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as amended in 1986, and Collier County has completed its revised plan for minimum criterion review pursuant to Rule 9J-5, Florida Administrative Code, by Ordinance No."92-34" and "95-12", as amended, currently in effect, and as iljustrated by Exhibit "~-C" I ~GENDA ITEM I 1999 and "6-D." Ordinance No. ~89-05" and all applicable amendments designate the land area within the legal description of the land to be serviced by the proposed District as set forth in Exhibit ~6-A", including the future land use map. A copy of the entire Collier Comprehensive Plan, as amended, is within the possession of Collier County and its staff and a copy of only the appropriate pages and provisions is attached as Exhibit "6-B." 10. A Statement of Estimated Regulatory Costs of the granting by the Commission of this Petition, and the establishment of the District pursuant thereto, in accordance with section 190.005(1), Florida Statutes, and Rule 42-1.008(1)(c), Florida Administrative Code, is attached as Exhibit "7". 11. Petitioner contemplates a petition by the District, once established, to obtain consent of the Commission as provided by Section 190.012(2), Florida Statutes, to exercise some or all the powers provided therein. 12. Petitioner acknowledges certain legal and policy points regarding the Collier County Water-Sewer District and related matters, as set forth in the official Acknowledgment attached to the Petition as Exhibit "8", and incorporated herein. WHEREFORE, Petitioner respectfully requests the Commission to: A. Direct its staff to notice, as soon as practicable, a local public non-emergency and information-gathering and ordinance- - AGENDA IT SIP 1 q 1999 Pg._ ~ enactment hearing pursuant to the requirements of Section 190.005(2) (c), Florida Statutes, on the subject of whether to grant the petition for the establishment of the proposed Mediterra South Community Development District and to enact the ordinance to establish the proposed District. B. Grant the petition and adopt the ordinance to establish the proposed District; designate the land area to be served by the District; designate the name of the District; designate the initial Board of Supervisors of the District; recognize the impending petition to allow the District to exercise powers under Section 190.012(2), Florida Statutes; and finally provide that, with regard to any future specific consent by the county to exercise any other powers which may be authorized by general law, the legal existence and authority of the proposed District shall have already been decided by this ordinance. Respectfully submitted this ~'~day of ~ , 1999. Su~n Watts - Vice President, Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs~FL 34134-4395 ./~z a v~n -~n~.rp /~ng, van AssenQerp & Varnadoe, P.A. ~25 S. Adams Street, Suite 200 'Tallahassee, Florida 32301 (850) 222-7206 ~-. Fla. Bar No. 158829 Attorneys for Petitioner AG~NDA~ I 1999 P~. ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY a copy of the foregoing was furnished this ~%ay of June, 1999, by U. S. Mail to CARI ROTH, General Counsel, and ALFRED BRAGG, Assistant General Counsel of the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399 and to DAVID C. WEIGEL, Collier County Attorney, Collier County Attorney's Office, 3301 East Tamiami Trail, Naples, FL 34112. ~~ ZA VA~'~NDERP & .~. AssenderParna oe, 225 S. Adams Street, Suite 200 Tallahassee, Florida 32301 (850) 222-7206 Fla. Bar No. 158829 Attorney for Petitioner EXHIBIT "1" Location of Land Area to be Serviced i SEP 14 1999 i 03. lggg - 16:33:01 ,JRUFT1NOiX:\E:NG~O2954\2g.~,46103.d.g ~ = ~ ~ ~ I LOCATION LOCATION MAP .~.;. C ~ OCEAN PROJECT: MEDITERRA SOUTH CDD ^GE~, ,~"- APPLICANT: LONG BAY PARTNERS, INC, E)~klBIT/,,.~d)..~ 02934-O~2-~l-GCCDD ~-2934-6l EXHIBIT "2" Metes and Bounds Legal Description AGENDA ITEM SZP 1 4 1999 ]~I...\NNliI~.S, ~N\'II(t~N.~II-~NT.,kl. (~ON~UI.TANTS, EN(JINEERs, St~l~k,'l~t~l(~, [..,kNI~Ht:API~ AR~;IIITE(ZTS, ~ONNTRLJ(JTION MAN,A(;FI{$ MEDITE~ SOUTH CDD PIPER PARCEL (Collier ~e no~ h~f ~) of~c west half (W~) of ~c west half ~) of Section 11, To~p 48 Sou~, R~ge 25 E~t, Collier Co--W, Florida Cont~ning 80.57 acres more or less. ~d; ~C~NE PARCEL North % of~e noah ~ of~e no~hwest % of the sou~west ~ of Section 11, To.ship 48 South, R~ge 25 ~st, Collier County, Florida Containing 10.09 acres more or less. and; ~AC~NE PARCEL No~ ~ of the sou~ % of the no.west ~ of~e sou~west ~ of Section 11, To~s~p 48 South, R~ge 25 E~t, Collier Count, Florida Containing 10.09 acres more or less. ~d; MONT~US PARCEL The south ~ of the no~ ~ of the no~hwest To--ship 48 South, R~ge 25 East, Collier Co~W, Florida. Containing 10.09 acres more or less. ~d; ST~LETON PARCEL The south ~ of~e south ~ of~e no.west ~ of the southwest ~ of Section 11, To.ship 48 Sou~, Range 25 East, saving ~d rese~ing ~e west 50 feet ~ereof for roadway pu~oses for ingress ~d egress of gr~tors ~d ~tees ~d adjacent prope~y o~ers. Containing 10.09 acres more or less. ~d; D~ABEL PARCEL The Southeast % of~e Southwest ~, less the South 30 feet thereof, of Section 11, To~ship 48 South, R~ge 25 East, Collier County, Florida. and; D~ABEL PARCEL continued The Southeast ~ of the Northwest %; The Southwest % of the No~heast ~A The Northwest % of the Southeast ~A; and the Northeast 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 · Ph 941-649-4040 Fx 941-643 1716 01*-~MCINTOS gteb S~te; www wdsonmdlcr.com E-mail: naples~wilsonmdler.com ~. " WILSON MILLER Containing 195 acres more or less. and; FIDELITY PARCEL The North ~A of the Southwest ¼, of the Northeast ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and~ VOGEL PARCEL The Northeast ¼ of the Northwest ¼ and the Northwest ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and~ LIVINGSTON PARCEL A parcel of'land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast corner of the southwest 'A of Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00°52'07" West along the east line of said southwest ~A of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07" West along the east line ofthe southeast 'A of the northwest ~A of said Section 12, for a distance of 1316.77 feet to the northeast corner of the southeast ¼ of the northwest ¼ of said Section 12; thence run South 88°54'06'' West along the south line of the southeast ¼ of the northeast '/4 of the northwest ~A of said Section 12, for a distance of 662.28 feet to the southwest comer of the southeast ~A of the northeast ¼ of the northwest ¼ of said Section 12; thence run North 00050'22" West along the west line of the southeast ¼ of the northeast ¼ ofthe northwest ¼ of said Section 12, for a distance of 658.71 feet to the northwest corner of the southeast ~A ofthe northeast sA of the northwest ¼ of said Section 12; thence run North 88°55'45TM East along the north line of the southeast '/4 of the northeast 'A of the northwest ~A of said Section 12, for a distance of 661.95 feet to the northeast corner of the southeast 'A of the northeast ~A of the northwest 'A of said Section 12; thence run North 00052'07" West along the east line of the northwest ¼ of said Section 12, for a distance of 658.39 feet to the northeast corner ofthe northwest V4 of said Section 12; thence run South 88°57'20" West along the north line of the northwest ~A of said Section 12, for a distance of 2646.45 feet to the northwest corner of the northwest 'A of said Section 12; thence run South 00045'07" East along the west line of the northwest 'A of aid ~~'roa 12, for a distance of 1319.36 feet to the northeast comer of the southeast 7. often- /,~(c ¢ g northeast I/4 of Section 1 I, Township 48 South, Range 25 East; SEP 1 q 1999 Pi. thence run South 88o54'42'' West along the north line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1325.63 feet to the northwest corner of the southeast ¼ of the northeast ¼ of said Section 11; thence run South 00°45'23'' East along the west line ofthe southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast ¼ ofthe northeast ¼ of said Section 11; thence run South 0o45'04" East along the west line ofthe northeast ¼ of the southeast ¼ of said Section 11, for a distance of 1321.73 feet to the southwest comer of the northeast ¼ of the southeast ¼ of said Section I1; thence run South 88°46'37'' West along the north line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1325.33 feet to the northwest comer of the southwest ¼ of the southeast ¼ of said Section 11; thence run South 00o45'39" East along the west line of the southwest ¼ of the southeast IA of said Section 11, for a distance of 1323,80 feet to the southwest corner of the southeast ¼ of said Section 11; thence run North 88°41' 15" East along the south line of the southeast ¼ of said Section 11, for a distance of 2650.25 feet to the northwest corner of Section 13, Township 48 South, Range 25 East; thence run South 00043'28" East along the west line ofthe northwest ¼ of said Section 13, for a distance of 675.60 feet to the southwest corner of the northwest ¼ of the northwest ¼ of the northwest ~A of said Section 13; thence run North 88°38'13" East along the south line of the northwest ¼ of the horthwest ~A of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast corner of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 00°41'49'' West along the east line of the northwest IA ofthe northwest IA of the northwest ¼ of said Section 13, for a distance of 675.07 feet to the northeast corner of the northwest ¼ of the northwest ¼ ofthe northwest ¼ of said Section 13; thence mn North 88°41 '00" East along the south line of the southwest ¼ of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest "A of the Northwest ¼ of the Northwest 'A of said Section 13. Containing 472 acres more or less. and; ZEHNER PARCEL The Northeast ~/4 of the Northeast ~A of Section 11, Township 48 South, Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 Containing 40 acres more or less. and; AG~A ITEM SEP 1 19 9 WILSON -' , -MILLER WILSON 10 AC. PARCEL The North '/~ of the North ½ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. arid; AMSTER PARCEL The South ½ of the North ~ of the Southwest ¼ ofthe Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing I0 acres more or less. and; PAGE PARCEL The North ½ ofthe South ½ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. WILSON, MILLER, BARTON & PEEK, INC. John F.] Boutweii, P.S.M. LS#3934 ~h[..~unless embossed with the Professional seal. S Certificate of Authorization #LB-43 Date: October 7, 1998 EXHIBIT "3" Documentation of Consent of 100% of Landowners To Establishment of District SEP 1 ~ 1999 EXHIBIT 3-A TO PETITION FOR ESTABLISHMENT OF DISTRICT CONSENT TO EXTABLISHMENT OF DISTRICT Long Bay Partners, LLC, hereby certifies that it is the owner of certain property located in Collier County, Florida, more particularly described as follows: SEE ATTACHED EXHIBIT "A" and by signing below hereby gives its full consent to establishment by mlemaking of MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT in accordance with Section 190.005, Florida Statutes, and to the inclusion of our property, which constitutes 100 % of the entire property to be included in the District, within the proposed boundaries of the said District. This property, together with the property described in the Consent executed by S. Page constitutes 100% of the property to be included within the District. IN WITNESS WHEREOF, we hereunto set our hands on the 11th day of June, 1999. LONG BAY PARTNERS, LLC By: BONITA BAY PROPERTIES, INC., Witnesses:, Managing Member '3/?://~4 -~c~z/~° Susan H. Watts STATE OF FLORIDA COUNTY OF COLLIER SEP i 1999 Pg. The foregoing instrument was acknowledges before me this // day of (~4c.Z-~ , 1999, by Susan H. Watts, as Vice President of Bonita Bay Properties, Inc., / 7 Managing Member of Long Bay Partners, LLC, who is personally known to me. /"Signature o~Person Taking ' ' ¥,~ ~ ~} '"'~"~~.,~ ~.snI Shirley M. Thompson / OF F~0 MAY ~r~ Commission Number Commission expires: EXHIBIT 3-B TO PETITION FOR ESTABLISHMENT OF DISTRICT CONSENT TO ESTABLISHMENT OF DISTRICT We, Sandra O'Neill Page, Joan Margaret Brook, and Jenness Savedra, hereby certify that we are the owners of certain property located in Collier County, Florida, more particularly described as follows: The North 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida; and, by signing below, hereby give our full consent to establishment by mlemaking of the MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT in accordance with Section 190.005, Florida Statutes, and to the inclusion of our property within the proposed boundaries of the said District. This property, together with the property described in the Consent executed by Long Bay Panners LLC (Exhibit ) constitutes 100% of the property to be included within the District. --------"-~'-. IN WITNESS WHEREOF, we hereunto set our hands on this "' day of Signed, sealed and delivered in the presence of: · ' Print: gandra O'Neill Page Signed, sealed and delivered in the presence of: Print: Joan Margaret Brook Print: Print: Jenness Savedra Print: .STATE OF ) , / __ /..:"' :. / ' ). COUNTY OF ' ~' )"' "' ' '7~j ~,' The foregmng instrument was acknowledged before me this day of ' ~-'"~vl'has// , 19.99, by Sandr'al' O'Neill Page,. who [ ]is personally known to me or [ produced ( /, ' r.., ~ ~ , . as identification. (- ,' L :,, - ~ ,., I~otary public /5. Print Name: /' commission Number: Commission Expiration: ' ~ ",i i .'-: ~ ." .; AOF. ND~ rr~ -- SEP 1 4 199,9 STATE OF ) ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999, by Joan Margaret Brook, who [ ] is personally known to me or [ ] has produced as identification. Notary Public Prim Name: Commission Number: Commission Expiration: STATE OF ) ) COUNTY OF .) The foregoing instrument was acknowledged before me this day of , 1999, by Jenness Savedra, who [ ] is personally known to me or [ ] has produced as identification. Notary Public Pri~t Name: Commission Number: Commission Expiration: 166406 I.WP5 ,. PAGE 05 GILBERT PARENT ,',,P. ..__ £.YZ-IIBIT 3-B TO PETITION FOR ESTABLISHMENT OF DISTRICT CONSENT TO ESTABLISHlV~NT OF DISTRICT We, Sanflra O'Neill Page, J~oan Margaret Brook, and Jenness Savedra, hereby certify that we are the o,a~=,rs of czrtain property located in Colliex Count)-,. Florida, more particularly described as follows: The i~'o.,'~ I/2 of the South. I/2 of thc Southwest 1/4 of ti~..c Southwest 1/4 of ,~etio~a i 1, Town.ship 48 South, Range 25 East, Collier Co~u~ty, Florifla; anti, by sign~cg below, hereby give our full consent to establishment by mlemaking of the MEDI~ SGUT~ COMMUNITY DEVELOPMENT DISTRICT in accordance with $~etio~ 190,005, Florida Statutes, and to the inclusion of our property within the proposed ~es of the said District, This property, together with the property described in the Consent executed by Long Bay Partners LLC (Exhibit ~- ) ¢o~titutes 100% of the proper~ to be i~clu;~d within the District. IN WITNF~S WHF, REOF, we hereunto set our hands on this ...... day of .............. 1999, Sigaed, sealed ~,~, ~eliver~t in ac pte~u~e of: 1Dri[ll;: ............ AGENDA ITEM ' SEP 1/.i 1999 STATE OF ) ) COUNTY OP ~ ) The forego~ag instnunent was acknowledged before :ne this , , day of'~ ,, 1999, by Sandra O'N'cill Page, Who'[ ] xs personally known u-~ me or [ ] ha~ produced ......... as identifica~on. Print Name: ......... Commission Number: Commission Expiration: AGENDA ITEM SEP I ~ I~S~t The foregoing ir~trumellt was acknowledged before m~ this .. ~'~ ~]- day of_ ~xfK~ __, 1999, by ~oan Margaret Brook, who ['v~ is personally kaown to me or [ ] has produced. . , ~ ,, _ as idcntification, Notary Publi~.~ . . Print Nam¢:_i~_\C.X-- i:~,t.L~kO I~ L.T-.~ Commission Number:_~_~ Commission Expiration: STATE OF _ ) ) COUNTY OF ) Thc forcgoing instrument was acknowledged before me this . day of , 1999, by J'enncss Savcdra, who [ ] is personally known to m~ or [ ] has produced as identification:. Notary Public Print Name: Commission Numbcr: Commission Expiration: SEP 1 ~ f,,,~9 PETITION FOP, E_T~aBLfS..,~.,LN'I OF DISTRICT c'..q:~;qr,;T, ,.-,',-c.,,l TO ESTABLISHMENT OF DISTRiCT The ~._,......,~. ..... ~ 7...r:., th-'_- 5outh '"'~.,~ e~'~ rh~ Sc, utha.est. ~:4 c,t' the Southwest 1;4 of Sccr;~. ' ~ '~ ,,..,.'?,~'u',,. ,~ r' 4S ,.-.,..~,,,¢-,,',~ Ra_nge 25 East. C'oli~er County,. rliol'iua,'- ' '~'~ ......... _ .... : ............. by .'alemat~ng of MF_I_)IT~}'Jq: ':C.~ TH CO_MMi,. _~_..,.--.:XqTV DE\ r:,-OPM..~,,l DISTRICT in accordance Print: Sandra O'Ne:tl Pal~e Print. _ ......................... SEP_ I ~ 1999 Signed. ,~e~le,~; :~r':,:! deliveled in the presence of Joan Margaret Brook Print. Print' Print_ .... STATE OF COl. r:,,: FY £}? _ ............ ) ~ _,t ,,:, was acl-mo;~.iedged before me this d~'., o~ ' 1999. by Sandra O'Neiii Page, '*:ha [ i is Notary Public Print Name: Commission Commissicn Expiration' S£P 1 ~ ~999 i~L~ument v,'as acknowledged before ~e this~~ 1999, by J~n Margaret Brook, who [ ] ~ has produced Notary Public Print Name: Commission Number: Comm:~sion Expiration: SEP ! ~ ~999 - .~., COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 EXHIBIT 3-B TO PETITION FOR ESTABLISHMENT OF DISTRICT CONSENT TO ESTABLISHMENT OF DISTRICT ADDENDUM Exhibit 3-B is hereby amended to include the address of Long Bay Partners, LLC property owners Sandra O'Neil Page, Fran Margaret Brook, and Jenness Savedra as follows: 1001 Bay Street Suite 2704 Toronto, Ontario, Canada MSS-3A6 Stan Litsinger, AICP Principal Planner Collier County Planning Dept. ' I AGENDA ITEM ' Phone (941) 403-2400 Fax (941) 643-6968 www.jo.coRjizq..fl.hs EXHIBIT "4" Location Map of Water Mains, Sewer Interceptors, Utilities and Outfalls, if any ,Mo+. 05~ lgg9 - 15:35:40 JRUFTINO~X:\F.:NG"~,02954~29346102.d.9 UTILITIES LOCATION MAP SEP 1'~ THERE ARE NO EXISTING UTILmES ~gTHIN THE CDO BOUNDARY ,PJ~OJECT: MEDII'ERRA SOUTH CDD ,CANT: LONG BAY PARTNERS, INC. EXHIBIT s~t-~.~o- .._..n~__no..t~,.. T O~.r~T,x~.. n~G,..~. ~ ~ ~ ~ LOCATION ~, ~ ~ a ~o~ ~ [ 02954-O~2-OOt-CCCDO I ~-~93~-6t ~ /~ ~ ~, . I~ ~ MAP EXHIBIT Documentation of Proposed Timetables for Construction of District Services and Estimated Cost of Constructing the Proposed Services SEP l zt 1999 MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT SUMMARY OF OPINION OF PROBABLE COST AND ESTIMATED TIMETABLE FOR THE DISTRICT Infrastructure* Cost (in thousands of dollars) Primary** 1999 2000 2001 2002 2003 2004 2005 2006 2007 Total . Roadway*** 250 650[ 2,700 3,645 0 0 0 0! 0 7,245! Utilities**** 250 650 1,500 1,550 0 0 0 0[ 0 3,950! Earthwork 0 3,500 500 0 0 0 0 0 0 4,000 Water Management 0 350! 150! 0 0 0. 0 0! 0 500 Professional Fees 200 100: 0! 0 0 0 0 0[ 0 300[ Restoring Wetland Mitigation 200 200l 1001 0 0 0 0 0' 0 500~ Off-Site Improvements 0 4,650 0 0 0 0~ 0 0 0 4,650 Land Acquisitions 0 6,100 0 0 0], 0 0' 0 6,100 Recreation/Security 0 0 600 250 125 0! 0 0 0 975 Total Primary 900 16,200! 5,550l 5,445 125 0] 0 0' 0 28,220 * Estimated costs of construction are for those special powers granted under Section 190.012(1) Florida Statutes only. No Estimates are provided £or any powers granted under Section 190.012(2) Florida Statutes, as amended, since thc authority to execute these charter powers is determined by the local general purpose government within whose jurisdiction such powers are to be exercised, in this instance, Lee County. Until such dcterminatioa is or may be made, upon petition by the district board of supervisors, not estimates of costs will be Prepared. ** The estimates for all basic is set forth in Section 190.012(1), Florida Statutes, amended. *** Roadway cost include roadway lighting cost **** Currently, water and sewer being provided by Collier County Utilities SE'P 199,9 EXHIBIT "6" 6-A Future Land Use Map 6-B Collier County Comprehensive Plan 6-C FDCA Letter of Collier County Plan Compliance 6-D Notice of Intent AC.~A ITE.Id SEP 1 ~ ]999 ~ FUTURE LAND USE MAP ...... ~"--' ~""~'~ - '- Collier County Florida I' ~) '% -- :~'[ ~;; .' 0$/18/gg TL~ 08:46 FAX g41 643 5716 ~llsor~lller Inc ~aln II I II I I III I II COLLIER COUNTY GROWTH MANAGEMENT PLAN ADOPTION NOTEBOOK ORD. 97-53 TO ORD. 97-6'-~----~ OCTOBER 28, 1997; & MARCO ISLAND MASTEI ORDINANCE 96-68, ADO NOVEMBER 12, 1996 AGENDA IT~ I~ - 05/18/99 TL'E 08:47 FAX 941 643 5716 Wilson_Miller Inc Main ~003 TABLE OF CONTENTS h GENERAL PLAN REQUIREMENTS Transmittal Letter * Adoption Ordinances I1. CAPITAL IMPROVEMENT ELEMENT * Goals, Objectives and Policies * Implementation * Costs and Revenues * Implementation Programs III. TRANSPORTATION ELEMENT * Goals, Objectives and Policies * Future System IV. PUBLIC FACILITIES ELEMENT SANITARY SEWER SUB-ELEMENT * Goals, Objectives and Policies * Sanitary Sewer Sub-Element Maps Proposed Sanitary Sewer Facilities POTABLE WATER SUB-ELEMENT * Goals, Objectives and Policies * Potable Water Sub-Element Maps * Proposed Sanitary Sewer Facilities DRAINAGE SUB-ELEMENT * Goals, Objectives and Policies SOLID WASTE SUB-ELEMENT * Goals Objectives and Policies NATURAL GROUND WATER AQUIFER RECHARGE SUB-ELEMENT * Goals, Objectives and Policies V. HOUSING ELEMENT * Goals Objectives and Policies Vi. RECREATION AND OPEN SPACE ELEMENT * Goals, Objectives and Policies VII. CONSERVATION AND COASTAL MANAGEMENT ELEMENT * Goals Objectives and Policies VIII. INTERGOVERNMENTAL COORDINATION ELEMENT * Goals Objectives and Policies S£p 1 19.o9 ! 05/18/99 TL~ 08:48 FAX 941 643 5716 ~llson31111er Inc ~aln ~004 IX. FUTURE LAND USE ELEMENT * Goals, Objectives and Policies * Future Land Use Designation Description * Future Land Use Map Series *Future Land Use Map *Activity Centers Maps *Properties Consistent by Policy (5.9, 5.10, 5.11) *Collier County Wetlands X. GOLDEN GATE AREA MASTER PLAN * Goals, Objectives and Policies * Designation and Description Section * Golden Gate Future Land Use Map XI. IMMOKALEE AREA MASTER PLAN Goals, Objectives and Policies * Designation and Description Section * Immokalee Future Land Use Map XII. MARCO ISLAND MASTER PLAN * Introduction ~"'"' * Overview * ImpLementation Strategy * Marco Island Future Land Use Map AC-~.NDA ~TEM -- SEP I Q 1999 05/18/99 TIE 08:49 FAX 941 643 5716 WllsonMlller Inc Main ~005 O~DINi~ NO. 95-- 12 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 89--05, AS AMENDED, FOR THE UNINCORPORATED AR~A OF COLLIER CO%INTY, FLORIDA, BY PROVIDING FOR AMENDMENTS TO: POLICIES, UPDATE FOR COSTS AND REVENUES AND SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CAPITAL IMPROVEMENT ELEMENT; AMENDING POLICY 4.4 OF THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP SERIES; TEXT, TABLES, POLICIES AND EXISTING AND FUTLr~E CONDITION MAPS OF THE TRAFFIC CIRCULATION ELEMENT; TEXT OF THE LAND USE DESIGNATION DESCRIPTION SECTION OF THE GOLDEN GATE AREA MASTER PLAN; AMENDING MAP 2 OF THE GOLDEN GATE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 1994 plan amendment process; and W~ERE~S, Collier County did submit the 1994 Growth Management Plan Amendments to the State Land Planning Agency for preliminary review on October 24, 1994; and WHEl~F2%S, the State Land Planning Agency did review and make written objections to certain sections of the proposed Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has sixty days from receipt of the wucitten objections from the State Land Planning Agency to adopt~ adopt with changes or not adopt the proposed amendments to the GrowJzh Management Plan; and WHEREAS, the Collier County Planning Commission in a manner prescribed by law did hold public hearings concerning the adoption of the amendments to the Growth Management Plan on March 2, 1995 and-recommended their adoption'by the Board of County Commissioners; and WH~:REAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the amendment~~~. G~owth Management Plan on March 14, 1995; and SEP 8:50 FAX 941 643 5716 ~llsonlilller Inc ~aln ~006 ~007 ~4. .%$, all applioable substamtive end procedural fairs, trements of law have been met; and es, ~OW, T~-REFORE, BE IT O~AINED BY THE BO~D OF CO~TY [SSION~S OF COLLI~ CO~TY, FLORIDA, that: ~: ADOPTION OF 1994 GRO~H ~AGEMENT P~ ~ENDMENTS. Gro~h Management Plan ~endment for Collier county, 5IONERS onsisting of amendments to tbs following: Policies, Update Co~=~ and Revenues and Schedule of Capital Improvements of Capital Improvement Element; Policy 4.4 of =he Future Land ion~f ~e Golden Gate ~ea Ma~ter Plan; and Map 2 of the bit A. ~: S~~ILITY. If any phrase or portion of this Ordinance is held invalid or nstitu=ional by any court of oompetent J~isdic=ion, suoh ion shall be deemed a separate, distinct amd independent in~ng ~ortion. ~: ~FFECTIVE DATE. 1 order is issued by the Department of Co--unity Affairs ni~tration Commission finding ~e ~endmen= in compliance rdanoe with Section 163. 3184, Florida Statutes, whi=h~ver rs earlier. No developmemt orders, development permits, re it has become effective. If a final order of .lotion affixing its effective status, a copy of which 05/18/99 TUE 08:53 FAX 941 643 5716 Wllson~lller Inc Main ~ 008 STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT ~_, BROil.;, Clef:< of Cour~ d~ and Twentieth Judicial Cdr~ui~, Coiii~ Cou~.~y, Fioridm, which was adopted by the Board of day of March, AGF_.NDA SEP 1 ~-1999 ~, UrbaD - M~xed USe DSstrict This District is intended to accommodate a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). Certain industrial and commercial uses are also allowed under criteria. (IV) ~, Urba~ ~esidential Subdistrict The Purpose of this subdistrict is to provide for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential density in th~ Coastal Urban Subdistrict shall be determined through a Density Rating System. Water-dependent and water-related land uses shall be encouraged within the coastal region of this subdistrict. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related uses through the inclusion of other recreational uses which may benefit from the proximity to and/or integration with water-dependent and water-related uses. These principal uses may include water-related parks, marinas (public or private), yacht clubs, and related.accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, restaurants, health clubs. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and/or other innovative approache~ to conserve environ- mentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 11.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning; and wet- lands or other environmentally sensitive features could be minimized. 2. Urban Residential Frinqe Subdistr~ct The purpose of this subdistrict is to provide transitional densities between, the Urban Designated Area and the Agricultural/Rural Area. Reside~%ial land uses may be allowed at a maximum density of 1.5 units per gross acre subject to the following conditions: a. Ail rezones must be in the form of a Planned Unit Development; and .... ' LU-I-23 (III) = Plan A/nendment 95-1 adopted by Ordinance 95-12 on March 14, 1995 Doc. Ref: 1830/MA/GM EXHIBIT "6 B" SEP i RECEIV~ ~ J U L 2. 0 1992. :~ 8oard of Coun~.y Commissioners STATE OF FLORIDA DEPARTMENT OF COMM,.UNITY AFFAIRS 2740 CEN TERVI EW DRIVE * TALLAHASS EE, FLORIDA 32399-2100 LINDA LOOMIS SHELLEY LAW'TON CH tlr=5 July 16, 1992 The Honorable Michael J. Volpe Chairman, Collier County Board of Commissioner~ 3301 East Tamiami Trail Naples, Florida 33962 Dear Commissioner VolDe: The Department has completed its review of the adopted comprehensive plan amendment (Ordinance No. 92-34; DCA No. 92-1) for Collier County as adopted on May 19, 1992, and determined that it meets the requirements of ChapSer 163, Part II, Florida Statutes, for compliance, as define~ in Subsection 163.3184(1)(b). The Department i~ i~suing a Notice of Intent to find the plan amendment in compliance. The Notice of Intent has been sent to the NaD]e.~ Daily News for publication on July 17, 1992. Please note that a copy of the amended Collier County Com- prehensive Plan, the Department's Objections, Recommendations and Comments Report dated January 26, 1992, and the Notice of Intent must be' available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Collier County Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 33942. AC-~A IT EXHIBIT 6"-C Pg. $ ~ The Honorable Michael J. Volpe July 16, 1992 Page T~o If you have any questions, plea~"Contaot me, Maria ~tbadal, Plan Review Administrator, or Bob Dennis, Community Program Administrator, at (904) 487-4545. sincerely, s G. Pattison~ Director ivision of Resouroe Planning and Management CGP/tcn Enclo=ures: Notice of Intent cc: Frank Btu=t, Community Development Admini~trator Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS · NOTICE OF INTENT TO FIND THE COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE OOCKET NO. The Department gives notice of its intent to find the Amend- ment(s) to the Comprehensive Plan for Collier County, adopted by Ordinance No(s).' 92-34 on May 19, 1992, IN COMPLIANCE, pursuant tO Sections 163.3184 and 163.3187, F.S ...... The adopted Collier County Comprehensive Plan Amendment(s) and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Collier County Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 33942. Any affected person, a~ defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to chal- lenge the proposed agency determination that the Amendment(s) to the Collier County Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1}, F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department of Community Affairs, 2740 Conterview Drive, Tallahassce, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to. timely file a p~tition shall~ constitut'e'a waiver of any right to request an administrative proceeding as a petitioner under Sec- tion 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no peti- tion is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for inter- vention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hear- ings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to getition to inter- vene within the allowed time frame constitutes a waiver of right such a person has to reques~ a hearing under Section 120.57, F.S., or to participate in the administrative hearing. 0 DePart~6ent of Community Division of ResOUrCe Planning EXHIBIT 6 -D and Management 2740 Centerview Drive Tal!ahasiee, Florida 32399-2100 EXHIBIT "7" Statement of Estimated Regulatory Costs 1999 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Mediterra South Community Development District ("District"). The proposed District comprises approximately 903 acres of land located in Collier County, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that eny matter concerning permitting or planning of the development is not material or relevant (emphasis added.)" 1.2 Overview of the Mediterra South Community Development District The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance, to the proposed Mediterra South development. Mediterra South Community Development District will be an upscale, fully amenitized, residential community oriented around its town center. The proposed development plan for the lands within the District include the construction of approximately 500 single and multi-family residential dwelling units, recreational areas, 18 holes of golf, a golf clubhouse, a swim and fitness facility, a tennis facility, a network of trails and parks, and an enrichment center is authorized for portions of the development to be included within the District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (19.97), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing ~ proposed rule, and any anticipated effect on state and local revenues. ,~C,[NeA n~, "' (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Collier County is not defined as a small county for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, Mediterra South Community Development District is a residential community designed for up to 750 total residential units. Formation of the proposed District would put all of these households under the jurisdiction of the proposed District. In addition, there are also five acres of commercial space planned for the community's village center, and the businesses that occupy this space would also be subject to the District. AGENDA ITEM SEP 1 q 1999 3.0 Good Faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District has fewer than 1,000 acres, so Collier County is the establishing entity under 190.005 (2). F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of report is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed district must pay an annual fee to the State of Flodda Department of Community Affairs which offsets such costs. Collier County Since the proposed District is in Collier County and consists of less than 1,000 acres, Collier County and its staff will process, analyze and vote upon the petition to establish the District. These activities will absorb some resources. Furthermore, even these costs to the County are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the AGENDA ITEM ~o./~C ) iS,T.P 1~ 1999 j Pg.__ Mediterra South development project. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note than any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of' the ordinance, Table 1 provides an outline of the various facilities and services the proposed District may provide. The drainage facilities will all be funded, operated and owned by the District. The District will also fund the construction of the water and sewer distribution system. However, the County will own and operate the water and sewer system serving the District. Table 1. Mediterra South Community Development District Proposed Facilities and Services FACILITY FUNDED BY O&M BY OWNERSHIP Drainage CDD CDD CDD Water/Sewer CDD County County Roadways CDD County County Recreation/Security CDD CDD CDD Land/Mitigation CDD CDD CDD The petitioner has estimated the design and development costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $28,220,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Prospective future landowners in the District may be required to pay non- ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In additional to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad AGENDA ITEM 1 1999 Pg, '~ valorem assessment to fund the operations maintenance of the District and its facilities and services. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ad valorem assessments as tradeoff for the numerous benefits and facilities that the District provides. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, A CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the Iow cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly Iow. AGENDA SEP 1 ~ 1999 Table 2. Cost Estimate for District Facilities CATEGORY COST Roadways $7,245,000 Utilities $3,950,000 Water Management System $4,800,000 Recreation $975,000 Off-site Improvements $4,650,000 Land Acquisition $6,600,000 TOTAL $28,220,000 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small business because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid all of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population (not incarcerated) in 1998 that is greater than 75,000. Therefore the County is not defined as a "small" county according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Prepared by: ~ ~ Fi Associates, Inc. AGENDA ITEM $:P 1 ~ 1999 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 by March 31 TRIM Compliance Report 200.068 130 days after Form 1 - Limited Financial Disclosure112.3144 by July 1 Public Depositor 215 by November 15 Proposed Budget 218.34 by September 1 Public Facilities Report 189.415 March 1 Public Meetings Schedule 189.417 beginning of fiscal year Bond Report 218.38 When issued Registered Agent 189.417 30 Days after SEP 1 ~ 1999 .4. EXHIBIT "8" Acknowledgment AGENDA ITEM SEP ~ ~ 1999 Exhibit 8 ACKNOWLEDGMENT The Uniform Community Development District Act of 1988, enacted Chapter 190, Florida Statutes, as amended, which expressly restricts and limits the exercise by a community development district of its special powers. The petitioner acknowledges that the community development district's Board of Supervisors is legally and ethically bound to exercise its special powers subject to, and not inconsistent with, the laws and regulations contained in the Collier County Water-Sewer District Special Act, and any applicable P.U.D., preliminary subdivision plat and/or development order as provided in Section 190.004 and 190.012, Florida Statutes. Accordingly, the proposed district cannot and will not act in such a manner as to erode the Collier County Water-Sewer District's customer base, as this would be inconsistent with Collier County ordinances and regulations and Chapter 190, Florida Statutes. Petitioner does not seek expressly or impliedly, directly or indirectly, do anything inconsistent with these requirements as a legal duty on the developer governing the development. In light of the statutory restrictions and manda es N~pon/~c)[ the powers and functions of a community district d sc~g~ 1999 below, the proposed District will not and cannot diminish the customer base of the Collier County Water-Sewer District. Collier County under its ordinance is the permanent provider of water and sewer service to the development on which the community development district will be established. Also, the 1988 Special Act reestablishing the Collier County Water-Sewer District makes clear in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2) Collier County can require installation and dedication of water and sewer facilities to the County; and 3) no water and sewer facilities can be built within the water- sewer district unless the district board (Collier County Commissioners) gives its consent and approval. The land area which the district will serve is in the jurisdiction of the dependent Collier County Water-Sewer District and is subject therefore to the terms of the 1988 Special Act. The community is also subject to P.U.D. and preliminary subdivision plat. In addition, the land area involved is also subject to Collier County Ordinance Nos. 90- 86, as amended, and 90-87, as amended, utility facilities I A~d~DA ITF..M requirements, as well as the state, regional an ~ca~o~ SEP 1 1999 comprehensive plans, permitting agencies and all related land development regulations. All of these jurisdictional and binding documents in effect constitute the clear operative base of all State and Collier County laws, rules, regulations, policies and ordinances applicable to and governing the planning and permitting of the development to be serviced by the community development district on the proposed property. The proposed district is not exempt. The Florida Legislature, in Section 190.002(1) (a), Florida Statutes (1991), has stated as a finding that a community development district is a solution to the management and capital infrastructure financing problems faced by counties. In solving these problems, a community development district also provides a method of servicing projected growth without over burdening other local governments and their taxpayers. In other words, the Legislature has found community development districts, as management entities, are a legitimate solution to infrastructure delivery. AC~r..NDA ITEM It is also the expressed policy of the le.gislat ~re~ha%/~C/3 Community Development Districts are "a legitimate alt ,~r~i~ 1999 method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community development." Fla. Stat. ~190.002(2) (b) (1991) (emphasis supplied). This language means that the district is a management tool for both Collier County and the petitioner. This management tool is to be used by both the developer and the county as authorized in Chapters 190 of the Florida Statutes. In Section 190.002(1) (b), Florida Statutes (1991), the ~- Legislature has also found that it is in the public interest that "the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics and government-in- the-sunshine requirements" (emphasis supplied). This law means that no decision of the Board of Supervisors can be made in secret, and that Collier County will be given ample noticed opportunities to monitor the exercise of the Board of Supervisors' special limited management powers, including those dealing with water and sewer services. In other words, this language mandates that the district board of supervisors as a ~-~ local government works with the Collier County local AGENDA ITEM government. ~ /~C~ _~ SEP zl 1999 In regard to possible conflicts between general purpose local government laws and actions of a community development district local government, the Legislature has expressly stated as its policy that the exercise by a .district of its powers "comply with all applicable governmental laws, rules, regulations and policies governing planning and permitting of the development to be serviced by the district" in order "to insure that neither the establishment nor operation of such a district is a development order under Chapter 380, and that the district so established does not have any zoning or permitting powers governing developments" (emphasis supplied) Fla. Stat. ~190.002(2) (c) (1991). In addition, Section 190.003, Florida Statutes (1991), provides that a community development district function in such a manner "that all applicable planning and permitting, rules, regulations and policies control the development of the land to be serviced by the district." (emphasis supplied). Even more iljustrative of the Legislature's intent is the dispositive language in the "preemptive and sole authority" section of the Uniform Community Development District Act. Fla. Stat. 190.004(3) (1991). First, the statute specifically states tlat governmental, planning, environmental and land use laws, regulations and ordinances apply to all development of the land within a Community Development District." Id. Since the Collier County Water-Sewer District Special Act is a law of Florida, it applies to all development within the land to be serviced by the proposed Community Development District. Since "all development" includes by definition utility and other services, the Collier County Water- Sewer District requirements apply to all developments in the applicable land area, even after the establishment of the Community Development District. Second, the preemption section directly and specifically mandates that "a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general purpose governments." Id. (emphasis supplied). This direct mandate is to the Board of Supervisors of the proposed Community Development District that it shall take no action inconsistent with the Collier County Water- Sewer District Special Act. Accordingly, the Board members will be under ethical and legal duties, subject to malfeasance, non-feasance, and misfeasance of office, to take no action inconsistent with the Collier County laws and regulations affecting the water-sewer di~rict customer base. $5P t ~ 1~9 Last, the special powers of the community development district, which become available upon its establishment by ordinance of Collier County, are also severely limited by Section 190.012, Florida Statutes (1991). This section provides in pertinent part that the district board of supervisors "may exercise [its special powers] subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority to any area included herein..." Here, the Legislature has answered directly the question of whether the district can act inconsistent with the regulations of the Collier County Water-Sewer District. The exercise of the proposed district's powers are unquestionably "subject'" to those of the Collier County Water-Sewer District. Ail of the foregoing language expresses the Legislature's intent that the community development district be managed in a manner consistent with the laws and regulations of both Collier County and the State of Florida. Therefore, the state and local laws, rules, and regulations applicable to the land of the district must be examined in order to determine what powers regarding water and sewer service the proposed development district will have or be able to exercise ~~ established. SEP 1 1999 ORDINANCE NO. 99- AN ORDINANCE ESTABLISHING THE ~DITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; NAMING TIIE DISTRICT; PROVIDING FOR CONFLICT ~ AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Long Bay Partners, L.L.C. has petitioned the board of County Commissioners to establish the MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT; and WHEREAS, the Board of County Commissioners, after proper published notice conducted a public hearing on the petition as required by law and determined the following: 1 The petition is complete in that it meets the requirements of Section 190.005 (1) (a), Florida Statutes; and all statements contained within the petition are true and correct. 2. Establisbanent of the proposed district is not inconsistent with the local Comprehensive Plan of Collier County and is not inconsistent with the State Comprehensive Plan. 3 That the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. That the district is the best alternative available for delivering community development services and facilities to the area that will be serviced by the district. 5 That the community development services and facilities of the district will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. That the area will be served by the district is amenable to separate special district government', and WHEREAS, it is the policy of the State, as provided in Section 190.002 (2) (c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be served by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and AGENDA ITEM SEP 1 1999 WHEREAS, Section 190.044 (3), Florida Statutes, provides that a/l governmental planning, environmental, and land development laws, regulations, and ordinances apply to all developme~tt of the land within a community development district; and that a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or reg~_~!~_6ons of local general purpose government; and WHEREAS, pursuan~ to Section 190.012, Florida Statutes, the district's special powers are subject to the regulatory jurisdiction and permitting authority of' all applicable governmental bodies, agencies and special districts having authority with respect to any area included therein. NOW, THEREFORE, BE IT ORDAIJVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI~DA that: SECTION ON-E: AUTI~ORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions of'law governing county ordinances SECTION TWO: £STABLIStIMENT OF ~ MEI)ITERRA SOUT~ COMMUNITY DEVELOPMENT DISTRICT. The Mediterra South Community Development District is hereby established within the boundaries of'the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION TE[REE: DESIGNATION OF INITIAL BOARD M~MBERS The following five persons are herewith designated to be the initial members of'the Board of' Supervisors: 1. Ed Rogers 3. Charley Nevaril Bonita Bay Properties, Inc. Bonita Bay Properties, Inc. 3451 Bonita Bay ' 3451 Bonita Bay Boulevard, Boulevard, SW, Suite 202 SW, Suite 202 Bonita Springs, FL 34134-4395 Bonita Springs, FL 34134-4395 2. Margaret Emblidge 4. Tim Tonachio Bonita Bay Properties, Inc. Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, 3451 Bonita Bay SW, Suite 202 Boulevard, SW, Suite 202 Bonita Springs, FL 34134-4395 Bonita Springs, FL 34134-4395 5. Crrady Miars Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, SW, Suite 202 Bonita Springs, FL 34134-4395 SECTION POUR: DISTRICT NAMX The community development district herein established shall henceforth be known as the Medit~a South Community Development District. AC,~EJ~DA SEP 1 1999 SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT The Mediterra South Community Development District shall be governed by the provision of Chapter 190, Florida Statutes. SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held \ invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the rema/ning portion. SECTION SEVEN: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part oftbe Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such. and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION EIGHT: EFFECTIVE DATE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this __ day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: PAMF. I.A S. MAC'KIE, Chairwoman DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Heidi Ashton Assistant County Anomey SL/mk/t~kz~mp plm~ORD. AGE~A ITEM /._.7(c\ 3 SEP 1 q 1999 Pg, *'~L/ ~ Exhibit "A" MEDrFERRA SOUTH CDD PIPF..R PARCEL (Collier County) The north half(N½) of the west half OV½) of the west halfOY½) of Section 11, Township 44 South, Range 25 East, Collier County, Florida Containing 80.57 acres more or less. and; KHACHANE PARCEL North ½ of the north ½ of the northwest ¼ of the southwest ¼ of Section 11, Township 45 South, Range 25 Bast, Collier County, Florida Containing 10.09 acres more or less. and; KHACHANB PARCEL North ½ of the south ½ of the northwest ¼ of the southwest ¼ of Section l 1, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; MONTANUS PARCEL Thc south ½ of the north ½ of the northwest % of the southwest ~ of Section 11i Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. and; STAPLETON PARCEL The south ',4 of the south V2 of thc northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property OwI~ers. Containing ! 0.09 acres more or less. and; DYNABEL PARCEL The Southeast ¼ of the Southwest ¼, Jess the South 30 feet thereof, of Section l 1, Township 48 South, Range 25 East, Collier County, Florida. and; DYNABEL PARCEL continued The Southeast l/, of thc Northwest ¼; Thc Southwest ¼ o£ thc Northeast ¼; The Northwest ¼ of the Southeast ¼; and the Northeast ¼ of thc Southwes! ¼; Less the North Containing 19~ .c.r~ mor~ or lin. and; FIDELITY PARCEL ~e No~ ~ of~e Sou~w~ ~, of~e No~ ~ of~e S~thw.t ~ ofS~ion l l. To~p 48 Sout~ ~ge 25 ~ ~ ~, ~o~da Coning 5 ~ more or VOGEL P~CEL The No~h~st ~ ~fthe No~hw~st ~ ~d the No~hw~t ~ ofth~ No~h~ ~ of Section 11, To~s~p 48 South, Range 25 East, Collier County, FIodda. Containing 80.40 Acres more or lin. and; LIV~OSTON P~CEL A pare~ of land Io~ted in Section~ 11, 12 and 13. To.aMp 48 South, ~ge 25 ~t, Collier County, Flofid~ ~ing more p~i~larly descfib~ ~ follows: Beginning at the southmt ~mer of the southw~t % of Section 12, To.ship 48 South, Range 25 East, Collier County Florida; then~ mn No~h 00~52'07'' W~t ~lon$ the for a distan~ of 2631.75 feet to the ~nter or.id Section 12; thence continue No~h 00052'07" W~t along th~ ~$t line of the ~uth~st % of the no~hwest % or.id Seation 12, for a distan~ of 1316.77 f~t to the no~h~t ~m~ of the $outhe~t % of the no~hw~st ~ of~d S~tion 12; thence mn South 88~54'06'' W~t along the south line of the ~uth~t ~ of the no~h~st % of the no~hwest % or.id Section 12, for a distan~ of 662.28 f~t to the ~uthw~t ~mer of the southeast % of the huSh.st % of the no~hw~t % of said Section 12; thence mn No~h 00~50'22'' West along the west kine of the south~t ~ of the no~h~t ~ of the northwest ~ of said Section 12, for a distance of 658,71 feet to the no~hwest ~mer of the southeast V, ofthe no~hea~i V, of the northwest % or.id Section 12; thence mn No~h gg~55'45" East along the no~h line of the south~st ~ of the huSh.st ~ of the no~hwest ~A or.id Section 12, for a distance of 661.95 feet to the hush.st comer of the $outh~st % of the no~fieast % of the no~hwest 'A or.id Section 12; thence mn No~h 00~52'07'' West along the ~st line of the no~hwest % or.id Section 12, for a distance of 658.39 feet to the hush.st corner of the no~hwest ~ of~id Section 12; thence mn South 88~57'20'' West along the no~h line of the no~hw~at 'A or.id S~tion 12, for a distance of 2~6.45 feet to the northwest ~rner of the no~hwest 7, of said Section thence mn South 00045'07" East along the west line of the no~hweat % of said Section 12, for a distance of ]319,36 feet to the noRheast comer ofthe southeast % of the no.beast % ofSeetion I 1. Township 48 South, Range 25 East; thence run South g8*$4'42" We~t aJong the north line of the southeast ~ of the northe~t '~ et'said Section ] l, for a distance or ]325.63 feet to the northwest corner of'the ~outheast ~ of the northeast ~ of,aid Sec~on I l; thence run South 00045'23' Eas~ along the west line of the southeast ~ orthe northeast '/, Or,aid Section 1 ], for a distance of 1320.39 ~'eet to the southwest comer of'the ~outheas~ ~ et'the northeast ~ of~aJd Section 1 l; thence run South 0~45'04" Ea~ along the west line of the northeast ~ of'the ~e~t ~ oirsaJd Section I I, for a distance or 1321.73 feet to the southwesl comer et'the northeast % of the southeast ½ or,aid Section l 1; thence run South 88°46'37" West along the north line of the southwest ~ of'the southeast ~ of said Section 1 ], for a distance or 1325.33 feet to the northwest comer of'the southwest ¼ of the southeast 'A of~,~id Section I ]; thence run South 00°45'39'' East along the west line of the southwest % of the southeast % of said Section I l. for a distance of 1323.80 feet to the southwest corner of the ' southeast ~/, et' said Section l !; thence run North 88°41'15' East along the south line et' the southeast ~ of said Section I I. for a distance ot'2650.25 feet to the northwest corner of Section 13, Township 48 South. Range 25 East; thence run South 00°43'28" East along the west line of the northwest ~ et'said Section 13. for a distance of 675.60 feet to the southwest comer of the northwest ~ of the northwest ¼ of the northwest ¼ o£said Section 13; thence run North 88038' ]3" East along the south line o~'the northwest ',4 of the horthwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast corner of the northwest '~ of the northwest ~ ofthe northwest 'A et'said Section 13; thence run North 00e41 '49'' West along the east line of the northwest ~ orr the northwest ¼ of the northwest ¼ of said Section 13, for a distance o£675.07 feet to the northeast comer of the northwest % of the northwest ¼ of'the northwest ¼ et'said Section 13; thence run North 88°4 l'00" East along the south line of the southwest % of Section 12, Township 48 South. Range 25 East. for a distance or 1993.3 ] feet to the l~oint or Beginning. Less and excepting there~'rom the Northwest ¼ o~'the Northwest V, of'the Northwest of said Section Containing 472 acres more or less. and; ZEHT~rE R PARCEL The Northeast '/, of thc Northeast V, olrSection I l, Township 48 South, Range 25 East, Collier County. Florida, O.R. Book 221 l, page 606 Containing 40 acres more or less and~ SEP I 1 99 WII. SON] 0 AC. PARCEL The North ½ or'the North ½ of'the Southwest ~ of'the Southwest ~A ot'Sec6on I I, Township 48 South, Range 25 East, Collier County, Florida Contain/ng I 0 acres more or lets. a~d; AMSTER PARCEL The South ½ of'the North ½ of the Southwest ~ ofthe Southwest ~ of'Section ! t, Township 48 South, Range 25 East, Collier County, Florida Cont&ining l0 acres more or less. and; PAGE PARCEL The North ½ ofthe South ½ of the Southwest ~ ofthe Southwest '/, ofSection ! 1,' Township 48 South, Range 25 East, Collier County, Florida Containing lO acres more or less. SEP 1 q 1999 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO EXTEND T~ DURATION OF TH]~ 1% TAX AND TO CHANGE THE PERCENTAGES ALLOCATED TO BEACHES AND ADVERTISING AND PROMOTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve an ordinance amendment extending the additional duration of the 1% Tourist Development Tax and change the percentages allocated to beach renourishment and advertising/promotion. 70% of the original 2% tax levy will be allocated to bcachrenourishment projects and the other eligible category "A" activity, while thc remaining 30% will be allocated to advertising/promotion and museums category "B". CONSIDERATION: The additional 1% levy of the Tourist Development Tax dedicated to beach renourishment activities, category "A", is currently scheduled to expire December 31, 1999. This amendment will extend the collection of this 1% tax until June 30, 2000. It will also reallocate thc original 2% Tourist Development Tax levy to 70% for beach renourishment, category "A", and related activities, and 30% for advertising/promotion and museums, categories "B" and "C". Currently beach renourishment receives 60% of the 2% Tourist Development Tax and advertising/promotion and museums receive the remaining 40% of the Tourist Development Tax levy. During the August 30, 1999 TDC meeting, the council recommended to extend the 1% levy without a referendum and keep the allocation at 60% for beach renourishment, category "A", and related eligible activities, and 40% for advertising/promotion and museums, category "B" and "C". FISCAL IMPACT: Increasing the amount available for beach renourishment, category "A", will decrease the amount available for advertising and promotion, category "B". Extending the 1% additional levy until June 30, 2000, will produce an additional $2,687,000 for beach renourishment activities. GROWTH MANAGEMENT: None RECOMMENDATIONS: Approve an ordinance amendment to extend the 1% levy of the Tourist Development Tax, the reallocation of funding of categories "A" and "B" and authorize the Chairwomen to sign the attached ordinance. PREPARED BY: DATE: Jane E. Eichhom, TDC Coordinator Housing and Urban Improvement REVIEV*rED BY.'~ C~g~a~,'Director DATE: Housifg/~nd Urban Improvement APPROVED BY: DATE: V~fiCent A. Cautero, AICP, Adm~histrator Community Development & Environmental Services ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NO. 92-60, AS AMENDED, P. EI2%TING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125. 0104, FLORIDA STATUTES, PROVIDING FOR AMEI~DMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO P. AT~,ND THE DURATION OF THE 1% TAX A1TD TO CHANGE THE PERCENTAGES ALLOCATED TO BEACHES AND AD%~-,RTISING A~D PROMOTION; PROVIDING FOR CONFLICT ~ SEVERABIL ITY; PROVIDING FOR INCLUSION IN CODE OF LAWS ~ ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Section 125.0104, Florida Statutes provides for the levy of a local option tourist development tax ny any county; WHEREAS, the Board of County Cor~missioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at its regular session of 1992; WHEREAS, ~he Board of County Co~ission~ ~f Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and tourist development plan; and WHEREAS, the proposed amendments were presented to the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 92-60. Section Three is hereby amended to read as follows: · SECTION THREE: USE OF TAX REVENUES. A. The tax revenues received pursuant to this Ordinance and AGE]%~$~ the tourist tax revenues previously collected from November 1990 N0.~_~ to November 1991 pursuant to Ordinance No. 90-43 shall be used to SEP 1 ~ ~999 fund the Collier County Tourist Development Plan, which is hereby adopted as follows: ¢~' ~ WordsunderlinO ~eadd~:wordsmm:~r~gharedeleted. TOURIST DEVELOPMENT PLAN The two percent (2%) tourist development tax shall be levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district shall include the entire geographic area of Collier Cou?~ty, Florida. lhe anticipated revenue for a two percent tourist development %ax for all of ~ollier County over a twenty-four (24) month period is Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent (1%) tourist development tax shall be levied throughout Collier County beginning the first day of January, 1996 and terminating on Dcccr~cr 31, 1999 June 30, 2000. If a majority of the electors of Collier County voting in a referendum election approve the continuation of the additional one (1) percent tourist development tax prior to June 30, 2000, then the additional (1%) tourist development tax shall continue until terminated by an amendment to this ordinance. The ta district shall include the entire geographic area of Collier County, Florida. 1. The categories of use of the two percent (2%) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A - To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and ercsion control, including pass and inlet maintenance shoreline prot'ection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue 70% ~0%, reduced by the amount required for Category D. AGE No. ~A CATEGORY B - To promote and advertise county tourism within State of Florida, nationally and internationall which encourages tourism with an emphasis on SEP 1 4 1999 off-season visitors to Collier County. The guidelines for Category B funding are attached as 2- Pg. Wo~s und~l~ ~e add~; words :~:k ~mugh are delete. Exhibit "A" and incorporated herein, however, if tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. Percentage of Net revenue ~0% 30%, reduced by the amount budgeted for Category C. CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by net for profit organizations and open to the publ]~:. ~et ce~,tage of Net revenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed 15%. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does nou excee~ ±5~ of the net revenue. CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net revenue Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000..This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided AG~ I that the amount of the No. aggregate allocation per fiscal year does not exceed SEP 1 4 1999 I s2oo,ooo. ._.._?_g~ ----, Words ~Dderlined ~e added; words struck '~ ..... ~ deleted. iv is the ln~ent of this Ordinance that the above uses shall be funJed separately, but simultaneousl · in the above percentage~ regardless of the actual amount of net revenues collected. v~ ...... ~ ...................................... lopmcnt .... ~ ............... Cou~ .............................. un allscati~ns. 2. The additional one percent (1%) tax revenues collected pursuant to Section Two (F) shall be used to finance beach improvement, maintenance, renourishment, restoration and erosion control. 3. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collie Countl; shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. 4. The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and Which are secured by the .tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date AGE~,~-" of sale of such bonds. For purposes of performing N°' -~-~m~ calculations described in this paragraph, the amount of tcuris S5P 1 1 99 de' etopment tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual words ........... ~ ~e deleted. ¢~ ~ Words underlin~ are add~; ~-'-~ '~ ..... ~-~ audit, plus, if the levy .of such tax was imposed or increased subsequent to the ~eginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as ~o the findings required in this paragraph, whic~ certificate shall be conclusive as to all matters provided therein. B. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of Ccunty Commissioners. SE,ETlON THREE: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more ---- restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: 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 relettered to accomplish such, and the word "ordinance" may-be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State and a certified copy of this Ordinance shall be filed with the Florida Department of Revenue within 10 days after the adcption of this ordinance. AGENr'Xa~;E~''~ SEP 1 1999 "-'~ are deleted. Words l,ulO, r~tljll~areadd~;words ....... PASSED AND DULY ADOPTED by a vote of a majority plus one the Board of County Commissioners of Collier County, Florida __ day of , ~9~9. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney ~A,'h~\Ordin~\- ~ T~ ~ [n~e the Pe<~t SEP 1,74 199 i 6- Pg' -- -- Words underlined are added; words ."tr'_--_k '--%e'.:'gh arc deleted. EXECUTIVE SUMMARY PETITION SV-99-03, ANITA K. BROWN OF FABULOUS FAUCETS, INC. REQUESTING A 50-FOOT VARIANCE FROM THE REQUIRED 150-FOOT ROAD FRONTAGE FOR A POLE SIGN TO 100 FEET FOR A PROPERTY LOCATED AT 12052 TAMIAMI TRAIL NORTH. The petitioner is requesting the above described variance in order to install a pole sign for a retail business establishment. CONSIDERATIONS: Section 2.5.5.2.5.1. of the Collier County Land Development Code requires a frontage of 150 feet or more on a public street or a combined public street frontage of 220 linear feet or more for corner lots for a pole sign. This standard has been placed in the LDC since 1991 to control the sign proliferation and visual pollution. The building in question was built in 1996/97 on four 25-foot wide lots for a total road frontage of 100 feet. The applicant alleges that, due to the lack of a pole sign, her business along with other building, is not visible to motorists. The Collier County Planning Commission reviewed this petition on August 19, 1999 and by a vote of 8-0 recommended denial. FISCAL IMPACT: None. GROVVTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals deny SV-99-03. ,r AGE ~-'" No. ~1 SEP i ~: 1999 1 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER RE~flEWED BY: OIleD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION LHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEP 1 ~ 1999 2 AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: July 28, 1999 RE' SV-99-3 AGENT/APPLICANT: Owner: Anita K. Brown Fabulous Faucets, Inb. 12052 Tamiami Trail North Naples, FL. 34110 REQUESTED ACTION: The applicant is requesting a 50-foot vadance from the required 150-foot road frontage for a pole sign to 100 feet. GEOGRAPHIC LOCATION: The subject property is located at 12052 Tamiami Trail North, and is further described as Lots 32, 33, 34, and 35, Palm River Shores, in Section 22, Township 48 South, Range 25 East, Collier County Flodda. PURPOSE/DESCRIPTION OF PROJECT: Section 2.5.5.2.5.1. of the Collier County Land Development Code requires a frontage of 150 feet or more on a public street or a combined public street frontage of 220 linear feet or more for comer lots for a pole sign. This standard has been placed in the LDC since 1991 to control the sign proliferation and visual pollution. The building in question was built in 1996/97 on four 25-foot wide lots for a total road frontage of 100 feet. The applicant alleges that, due to the lack of a pole sign, her business which occupies the entire building, is not visible to motorists. Section 2.7.5 of the Land Development Code grants the authority to he B~~ t,,~L.,/ Zoning Appeals to grant variances. The Planning Commission is adviso~ to the BZA . r SEP 1 4 1999 ; ) ) LEE CO ~ mm,.,,, KA~ ,m~ m.. ~ ~ / OLLIER CO I i~.._~ ~ ~ ~[[~o ~ '~~ J~ -~ .......... ~ ............. ~~-- LOOATION I ~[ ~ I ~,~ ~ PROJECT I ~v_~~~~~°°''°' ~ '~, ~ ,~ j~, ~ LOCATION MAP SITE MAP PETITION and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) am as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, with the exception that the building in question abuts buildings on the north and south sides with a 20 foot front setback. The building in question contains a 45 foot front setback. This difference in setbacks makes it difficult for motorists to see the applicant's building from a reasonable distance. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No, in 1996/97 the applicant purchased the vacant property and built the building, at which time the Collier County Sign Code was in place. The applicant failed to consider the fact that she could not have a pole sign for her business before deciding to locate her business there. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there are a multitude of commercial buildings with no pole signs throughout the County. The Collier County LDC contains specific criteda that each property must meet in order to qualify for a pole sign. This property does not meet those criteria. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, as discussed above, a variance is not necessary to make possible the reasonable use of the land. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, as discussed above, them are properties throughout the County in similar situations, which do not have pole signs. This variance, if granted, will confer on the petitioner privileges that would be denied to other properties, unle ~w; ~ vadance is granted ~for them. .~o ------~'-"t: 2 SEP 1 ~_ 1999 f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this vadance will not be in harmony with the intent and purpose of the LDC in that it will cause pole sign proliferation which will have a deleterious effect on the aesthetics of the road. However it will not be injurious to the neighborhood or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION; Staff recommends that the CCPC forward Petition SV 99-2 to the BZA with a recommendation for denial. t SEP 1~1999 3 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER '7. DATE CURRENT PLANNING SECTION / / R(~BERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: SV-99-2 Staff report for August 19, 1999 CCPC meeting. This Petition has tentatively been scheduled for September 14, 1999 BZA Public Headng. Collier County Planning Commission: ~MAN No SEP I A 1999 4 RESOLUTION NO. 99- RELATING TO PETITION NUMBER SV-99-03, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 5O foot variance for a pole sign from the required 150-foot road frontage to 100 feet as shown on the attached plot plan, Exhibit "A", in a C-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning ail applicable matters required by said regulations and in accordance with Section 2 7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV-99-03 filed by Anita K. Brown, representing Fabulous Faucets, Inc. with respect to the property hereinafter described as: Lots 32, 33, 34 and 35, Palm River Shores, according to the plat thereof, as recorded in Plat Book 3, Page 27, Collier County, Florida. AGEN IT, --~-- SEP 141999 be and the same hereby is approved for a 50 foot variance for a pole sign fi-om the required 150 foot road frontage to 100 feet as shown on the attached plot plan, Exhibit "A", of the C-4 zoning district whereto said property is located BE IT RESOLVED that this Resolution relating to Petition Number SV-99-03 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote Done this __ day of ,1999. ATTEST: BOARD OF ZONING APPEALS DWIGHT E BROCK, Clerk COLLIER COUNTY, FLORIDA PAMELA S MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency: Marj oric~M. Student ,assistant County Attorney ~'SV-99-03 RE$OLUTION/CB,~ SEP 1 1999 - P~_ LOT 29 WATERWAY LOT 4.0 ~ .,~. ~' S.01'O~F.. 100.00' 7<3 OF PROP~]~IY UI~ ~ O .o - ~ I (VACANT) I ~ - I I N.01'~'3~W. 1~.~' . U.S. ~1 (TAM~I ~L) , AGEN~ .... ~ I SEP 1 4 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CARSON LAKES", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Carson Lakes", a subdivision of lands located in Section 30, Township 46 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Carson Lakes". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the ~-required improvements, and 100% of the cost of any remaining mprovements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Carson Lakes" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $205,249.21 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - N/A Immokalee W/S b) Drainage, Paving, Grading - $205,249.21 The Security amount, equal to 110% of the project cost, is $225,774.13 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this Total: $6061.73 SEP 1 4 1999 Executive Summary Carson Lakes Page 2 Fees are based on a construction estimate of $205,249.21 and were paid in March & August, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 585.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - N/A Drainage, Paving, Grading (.425% const, est.)-$ 827.87 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - N/A Drainage, Paving, Grading (1.275% const, est.) - $2616.93 GROWTH MANAGEMENT iMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Carson Lakes" for recording with the following stipulations: 1. Approve the amount of $225,774.13 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP 1 4 1999 Executive Summary Carson Lakes Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. D~te Engineering Review Manager ere, AICP Date Planning Services Department Director APPROVED/BY: Vincent A. Cautero, AICP, Administrator Da~e Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh SEP i 4 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ADDISON RESERVE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Addison Reserve", a subdivision of lands located in Section 5, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Addison Reserve" These documents are in compliance with the County Land Development Code and Plorida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining .mprovements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Addison Reserve" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $646,000.00 (estimated) to be borne by the developer. This cost also includes $50, 000.00 for demolition. The cost breakdown is as follows: a) Water & Sewer - $172,016.00 b) Drainage, Paving, Grading - $424,056.10 c) Demolition - $ 50,000.00 The Security amount, equal to 110% of the project cost, is $710,600.00 (rounded). NO. ~ SEP 1 4 1999 Executive Summary Addison Reserve · Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $11,160.19 Fees are based on a construction estimate of $596,072.10 (does not include demolition) and were paid in July, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 510.92 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 860.07 Drainage, Paving, Grading (.425% const, est.)-$1802.24 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) $2580.24 Drainage, Paving, Grading (1.275% const, est.) - $5406.72 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Addison Reserve" for recording with the following stipulations: 1. Approve the amount of $710,600.00 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a o That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and --- an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP 1 4 1999 Executive Summary Addison Reserve Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Th . , P.E. Date Engineering Review Manager Planning Services Department Director Vincent A. Cautero, AICP, Administrator Da~ Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh SEP 1 4 1999 :~?::'L"~ :'*~ t.,'~ ~ "-~&:~'~.:.~.~-, ~4;~:~2'~:2:r~~ :~'. ~. ~'~, . .~. -~.::. ,,.,?,-c~.~:-.'~ , ;~-,.,~,.~,:~, 3:.~,,~ :.'~-.~,~'~' ~".~"i~'{~ 7';':'~' .~:..:~;~fi~.:~?~.'L~ :'. :'::: ;":.-'_ ::.:/ ' ': ~::;.GOL[ EN 'GATE PAR~AY (C.R. ~~_~'~: ~/.~'?:,:;'-~'} :';/' .:;'._.: :: ,/ . .;:;(--., .~/~.~:_ -- ....~ 33 .... : ~:'. :-.- .::. .:.~-. BERKSHIRE ~KES m BERKSHIRE ~. . ---..'":'~. "--~'. ~"'-. :'- ~ ~KES -HEGR .- RADIO '.,_,(C.R/'856)" :m " ' 1 -- ~ BRE~ONE BERKSHIRE "~ /~ . 6 ~ PARK ~KES ~ ~ . FOXrlRE I ' 5 4 j ~}:E · · ESTATI'S S. - WATERS - : - SEP 1~1999 ~ --... .~..~':'~:,'.:~ ~_.........~ .,. . ';-/~.:-~:.-'-:.. ....: ...: .,~: :;~ ~ -~' ':" "~"-~- '-"-':~ '-- ..... -':=--.~ ~-'"~"~ '~-~"',"--; ~. -" ':" ." :- :,"'~'.'--"'"-~'~,~' GOLF'~ ~'- C ~. :~' --'; -., ,..-.-, .... . :..~, ?.,-, ~. ..... .-~ ....... ,~;~ ...... ~-~.~-.... ..... ~ .... ~: _,:~ ~ ~ ~,.,...,~ , PHASE -~ - .--- -:--. ":'-- ..... ~-'~' '.--.~.:.~::c'?::~'::?-' .-' ..... ,':' :.~,'.'?:?:~:g~,~.E'~.U, BLIg~RECORDS~.,~F~COLLIER .... EXECL~T~V~ S UNi~d~¥ REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SANTA ROSA AT OLDE CYPRESS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Santa Rosa at Olde Cypress", a subdivision of lands located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Santa Rosa at Olde Cypress" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees ..-.have been paid. Security in the amount of 10% of the total cost of he required improvements, and 100% of the cost of any remaining ~mprovements, together with a Construction and Maintenance Agreement fOr Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior t~ the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Santa Rosa at Olde Cypress" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $231,432.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 64,008.00 b) Drainage, Paving, Grading - $167,344.00 The Security amount, equal to 110% of the project cost, is $254,575.20 AG EJ',j~_A~I~ ~ S E P 1 zl 1999 Pg. / Executive Summary Santa Rosa at Olde Cypress Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4580.00 Fees are based on a construction estimate of $231,432.00 and were paid in April, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 455.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 320.00 Drainage, Paving, Grading (.425% const, est.)-$ 711.00 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 960.00 Drainage, Paving, Grading (1.275% const, est.) - $2134.00 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECQMMENDATION: That the Board of County Commissioners approve the Final Plat of "Santa Rosa at Olde Cypress" for recording with the following stipulations: 1. Approve the amount of $254,575.20 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP 1 ,1 1999 Pg. ¢:~ · Executive Summary Santa Rosa at Olde Cypress Page 3 PREPARED BY: John R. , Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP Date Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator E~ate Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh No. ,~~ SEP 1 4 1999 pg, ~) EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MALLARDS LANDING", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mallards Landing", a subdivision of lands located in Section 22, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mallards Landing" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have ~_,been paid. Security in the amount of 10% of the total cost of the 'equired improvements, and 100% of the cost of any remaining _mprovements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Mallards Landing" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $364,966.47 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $116,550.00 b) Drainage, Paving, Grading - $248,416.47 The Security amount, equal to 110% of the project cost, is $401,463.12 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: No...I~a&ZL~, ' Total: $7,113.34 SEP 1 A1999 Executive Summary Mallards Landing · Page 2 Fees are based on a construction estimate of $364,966.47 and were paid in July, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 560.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 582.75 Drainage, Paving, Grading (.425% const, est.)-$1055.77 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1747.50 Drainage, Paving, Grading (1.275% const, est.) - $3167.32 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDAT I ON: That the Board of County Commissioners approve the Final Plat of "Mallards Landing" for recording with the following stipulations: 1. Approve the amount of $401,463.12 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP 1 4 1999 Executive Summary Mallards Landing Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Dat~ Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert ~4ulhere, AICP Date Planning Services Department Director APPRO~E~BY: ~ Vindent A. Cautero', AICP, Administrator Dat~ Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh SEP 1 ~: 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PEBBLEBROOKE LAKES PHASE 2", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Pebblebrooke Lakes Phase 2", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pebblebrooke Lakes Phase 2" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total '-'cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to 5he recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Pebblebrooke Lakes Phase 2" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $549,727.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $227,190.00 b) Drainage, Paving, Grading - $322,537.00 The Security amount, equal to 110% of the project cost, is $604,699.70 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this Total: $10,543.53 SEP 1 4 1999 Executive Summary Pebbtebrooke Lakes Phase 2 Page 2 Fees are based on a construction estimate of $549,727.00 and were paid in October, 1998. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 516.60 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1135.95 Drainage, Paving, Grading (.425% const, est.)-$1370.78 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4112.35 Drainage, Paving, Grading (1.275% const, est.) - $3407.85 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pebblebrooke Lakes Phase 2" for recording with the following stipulations: 1. Approve the amount of 604,699.70 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP 1 4 1999 Executive Summary Pebblebrooke Lakes Phase 2 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Ro~ert~Mulhere, AICP Date Planning Services Department Director By: APPROVED) j Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh A~ E N ~_'T~E~ ~'~ SEP 1 4 1999 '. .:'.-'.'*..'~ ..:..',.. , :' ~-}~:.:~. '-* .',-,-"*': ..... . ..... ~-*~ .... ~,'f~.-.-~'~.-,..'-~:~'~*,,....~,.,~/,-',~,' -Z~;~,~--] .,~*-rz ,? r-,_ //// . c .':. ~- ...~ '.. ,- .... .-.,. :-'~ ,: · .,. ' EE'S'.IMapKAL'E ::RkAD.;'C(ci. Rt .'8465;.-:..": '. ~ ~ PEBBLEBR~ ~KE' ' ~~~ ' :':'~'.'"-" ~ :- LAKES - .:_-' ~ ~ ~ :-: -.. P.B 30' .'.. PG~4-12 26 ; ' .. ~. OAK R ~ .,. - MIDDLESCHOOL ~ . > -.-.. 34 LOCATION MAR ' ' ' 0 ..- k, T.~. .... : .. . '.) ~ J , ,~.~.....:... . ,...-. . ~.. .. . . , - . j - . : .- ~ .... - . - ,.' . ~... - ' ', '" '-"/."~i', -' ' ' ,''' ';- ';'"*'', ' ...... ' ,*' ' 0 ~ ' . · .- ..~,~.,- . . -. . ~ ~- ... ~ ~/ -:~ .. ~. , ..,.,.-..- ~* . - -~,~ ~ .,'--,~-~ ~ .. - . . ~ '__., xi ~-.. -.-* TT~-~ q-.-.:'";:';'; ?- -,.- ~' -, ,-. ,- '-- -,' EXECUTIVE SUMMARY REQUEST TO GRANT F:NAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE TWO" OBJECTIVE: To grant final acceptance of "Pelican Lake RV Resort, Phase Two" CONSIDERATION: 1. On May 12, 1998, the Board of county commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase Two". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. ~ISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AGE A SEP 1 4 1999 Executive Summary Pelican Lake RV Resort, Phase Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase Two" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager R~--~f ~Date'Z jr ~7 Planning Services Department Director APPROVED By: Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. j rh SEP I 4 1999 Pg. ~--,-~'~,'~? ...... ~ RESOLUTION NO. 99- 3 ~ '~- :' ~":'~-~ :"- ;': ~ 4 RESOLUTION AUTHOPdZIN~ FINAL ~_.~," .?,~--~-~ 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, WATER AND SEWER -~.~.~A-::-~.~ ! ~-::~'-?'q.:'-..~ ' -:' 7 IMPROVEMENTS IN PELICAN LAKE RV +::~-'=-*-~ ~' 8 RESORT, PHASE TWO, RELEASE OF THE --~, 9 MAINTENANCE SECURITY, AND ACCEPTING :':;.z' >.z-:-~ ::-..~. ~..: ;: -~Z&'-;~:.i~ ' t0 THE MAINTENANCE RESPONSIBILITY FOR THE -'~'~ ........................ 1 ~ ROADWAY, DRAINAGE, WATER AND SEWER ~ , z ............ -. --~ ~2 IMPROVEMENTS THAT ARE NOT REQUIRED TO ~:~: _~:--r~:~:-- ~ ~3 BE MAINTAINED BY THE HOMEOWNERS ~ ..... '~--~ ~ 4 ASSOCIATION. .... '"-- .... 15 ~ 7 WHEREAS, the Board of County Commissioners of Collier County, Florida, on ...... .~-~-~ ........... '-; '~- ~ 18 July 24, 1997 approved the plat of Pelican Lake RV Resort, Phase Two for recording; 2O ' ' ~-~-:~ ........ ~ ~ ~----~ -~' ;'-~ 21 WHEREAS, the developer has constructed and maintained the roadway, drainage, --. ..~..~:.~.~:~1~-~ :~_~.<-~:;~: 22 water and sewer improvements in accordance with the approved plans and specifications 23 and as required by the Land Development Code (Collier County Ordinance No. 91-102, ;- ' :. ;.!--;/:.l'::'52'..2~:~.q:L'-:'-".L:: 24 as amended); and the Utilities Standards and Procedures Ordinance (Collier County ~,? .~';~.?- :~?.~:'~.'~- 25 Ordinance No. 9% 17), and 26 ~! -:./; j.~".~.--~_~fE:~ifj~}'i::i:) 27 WIKEREAS, the developer has now requested final acceptance of the roadway, ~ 28 drainage, water and sewer improvements and release of his maintenance security; and -~ ..:;z:> ~: :.?~.::: _;;~!~i-:!; ":-;:-! 30 WHEREAS, the Compliance Services Section of the Development Services ~ ~ '>'~ ..... ' .... 31 Department has inspected the roadway, drainage, water and sewer improvements and is .,- .... :,..~.-~-~ ~ ~; -,~-. ...... ~;v~:-3---):~ 32 recommending acceptance of said facilities. )J; ' ~ [ --}-:"fi~-;i'. i~f:' ':' ~'- ': 33 ---'~'~'~'~'' '":? ...... '~' ":~-'~'"'~'~"~-~'-'~;~'~ 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOAP~ OF COUNTY ....... . ...... ~---: -" 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be :."'.. . . :..._ - : ' · 36 granted for those roadway, drainage, water and sewer improvements in Pelican Lake RV 37 Resort, Phase Two, and authorize the Clerk to release the maintenance security. ............. : ........... : ' 38 - - 2 ' '":" 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the 40 future maintenance and other attendant costs for the roadway, drainage, water and sewer - - -- ' ~ 4~ improvements that are not required to be maintained by the homeowners association. 43 This Resolution adopted after motion, second and majority vote favoring same. . i{ i' '.' -:.._: 46 .'Li; .!Z __-.~::< ~:.:/ ; ;.. :. '; 47 DATE: BOARD OF COUNTY COMMISSIONERS ~,~,~*:-;'?-~:~~ 48 ATTEST: COLLIER cOLrNTY, FLORIDA ..... ~ ............ .~ w-":-. :~ ..... 49 DWIGHT E. BROCK, CLERK : .... ' :' :'i ..... ~ "-~.- !"-' .... '" 50 :, . ' ........ ;.-.~:... :.. ...... - .... ';'.:; 52 PAMELA S. MAC'KIE, CHAIRWOMAN ./.%.':: ;.f.:~.:?:?.'.':2-.:::::'~ ~ '.: -. ;' . '-' ' '_.. 53 . :.=-::~-~-: -< ;': ' '~-' -:"-"- ":' - '~ 55 Approved as to form and legal ': . ~.~ .~: ..:it-(~ :.~ ,- ',5.:% 60 Assistant Collier County Attorney S EP 1 4 1999 .. ..... · ............ ~_ p~ .... EXECUTIVE SUMMARY APPROVAL TO ASSUME SOME OF THE MAINTENANCE RESPONSIBILITY OF THE DRAINAGE EASEMENT OF MAJESTIC PINES OF WILLOUGHBY. OBJECTIVE: To obtain Board approval of a resolution that will have the County assume maintenance responsibility within the drainage easement of Majestic Pines of Willoughby. CONSIDERATIONS: Majestic Pines is a residential subdivision comprised of 15 single family lots that was reviewed and approved in early 1992. The approved water management plan turned out to be very misleading in lot grading and approval of the individual lots as they were developed and Certificates of Occupancy issued. The approved construction drawings specified a minimum bottom of swale elevation of 11.0. Our engineering inspectors interpreted this to mean that the swales could not be lower than 11.0 and consequently some of the retention swales were constructed at higher elevations to provide a gradient along the rear lot swales. This problem was discovered last year after 11 of the 15 platted lots were developed. Staff has conducted a comprehensive survey and analysis of the "as built" water management system and has documented several elevation deficiencies. Essentially, the drainage / retention system with these deficiencies meets the water management retention requirements. We have not observed any drainage problems associated with the system over the past 7 years. Several of the homeowners have taken the position that as members of the Home Owners Association (HOA) that they should not be responsible to maintain a water management system with some deficiencies. Several meetings were held with the County regarding this issue and it was the consensus that the County would assume some of the responsibility of maintaining the drainage system. FISCAL IMPACT: In the event the swale would require regrading / cleaning at a future date, the fiscal impact would not exceed $5000. AGE A ~T SEP I 1999 Executive Summary Majestic Pines of Willoughby Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached resolution whereby the County will assume some of the maintenance responsibility of the drainage easement in Majestic Pines of Willoughby Subdivision. PREPARED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager / County Engineer REVIEWED BY: l{ob~~J. Mulhere, AICP Date Planning Director APPROVED BY: Vince A. Cautero, AICP Community Development & Environmental Services Administrator Attachment: Resolution TEK/taa/F:/executive summaries SEP 1 4 1999 iON 24, TOWNSHIP 48 Si COUNTY,FLONIDA G ,u SITE'-- 2a EI)~,Lrgl LD EST. SEP 1 4~ 999 1 RESOLUTION 99- 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA VOLUNTARILY ASSUMING SOME OF THE 5 MAINTENANCE RESPONSIBILITY OF THE WATER MANAGEMENT 6 SYSTEM WITHIN THE DRAINAGE EASEMENT ON THE PLAT OF 7 MAJESTIC PINES RECORDED IN PLAT BOOK 20, PAGES 55-56 OF THE 8 PUBLIC RECORDS OF COLLIER COUNTY 9 10 WHEREAS, Majestic Pines is a subdivision comprised of 15 single family residential lots 11 located in Collier County, Florida pursuant to the plat there&recorded in Plat Book 20, Pages 55-56 12 the Public Records of Collier County; and 13 WHEREAS, the water management system of this subdivision was approved by County 14 staff; and 15 WHEREAS, Collier County staff has subsequently conducted a comprehensive survey of the 16 "as built" water management system and has documented deficiencies; and 17 WHEREAS, the water management system, despite the deficiencies, meets water retention 18 requirements and does not create a maintenance problem; and 19 WHEREAS, the Board of County Commissioners finds a public purpose for the County's 20 maintenance of'this water management system. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County voluntarily assumes 23 some of the general maintenance obligation of the water management system within the drainage 24 easement depicted on the plat~of Majestic Pines recorded in Pl~t"Book 20, Pages 55-56 which may 25 include the regrading and lowering of the retention swales as deemed necessary by the County and 26 the subsequent reseeding and/or resodding of the disturbed areas. 27 This Resolution adopted after motion, second and majority vote favoring same. 28 Dated: 29 30 ATTEST BOARD OF COUNTY COMMISSIONERS 31 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 32 33 34 By: By: 35 PAlviELA S. MACULE, Chairwoman 36 Approved As To Form and Legal 38 41 Assistant County Attorney 1 RESOLUTION 99- 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA VOLUNTARILY ASSUMING SOME OF THE 5 MAINTENANCE RESPONSIBILITY OF THE WATER MANAGEMENT 6 SYSTEM WITHIN THE DRAINAGE EASEMENT ON THE PLAT OF 7 MAJESTIC PINES RECORDED IN PLAT BOOK 20, PAGES 55-56 OF THE 8 PUBLIC RECORDS OF COLLIER COUNTY 9 10 WHEREAS, Majestic Pines is a subdivision comprised of 15 single family residential lots 11 located in Collier County, Florida pursuant to the plat there&recorded in Plat Book 20, Pages 55-56 12 the Public Records of Collier County; and 13 WHEREAS, the water management system of this subdivision was approved by County 14 staff; and 15 WHEREAS, Collier County staff has subsequently conducted a comprehensive survey of the 16 "as built" water management system and has documented deficiencies; and 17 WHEREAS, the water management system, despite the deficiencies, meets water retention 18 requirements and does not create a maintenance problem; and 19 WHEREAS, the Board of County Commissioners finds a public purpose for the County's 20 maintenance of'this water management system. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County voluntarily assumes 23 some of the general maintenance obligation of the water management system within the drainage 24 easement depicted on the plat~of Majestic Pines recorded in Pl~t"Book 20, Pages 55-56 which may 25 include the regrading and lowering of the retention swales as deemed necessary by the County and 26 the subsequent reseeding and/or resodding of the disturbed areas. 27 This Resolution adopted after motion, second and majority vote favoring same. 28 Dated: 29 30 ATTEST BOARD OF COUNTY COMMISSIONERS 31 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 32 33 34 By: By: 35 PAlviELA S. MACULE, Chairwoman 36 Approved As To Form and Legal 38 41 Assistant County Attorney EXECUTIVE SUMMARY ASSIGNMENT AGREEMENT FOR EASEMENT FOR PELICAN MARSH, UNIT 18 (BAY LAUREL DRIVE) OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) The Developer of Pelican Marsh, Unit 18 (Bay Laurel Drive), has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the North Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Pelican Marsh, Unit 18 (Bay Laurel Drive) Executive Summary Pelican Marsh, Unit 18 (Bay Laurel Drive) Page Two PREPARED BY: Shirley Nix, Eng~'neering Technician II Date Engineering Review Services REVIEWED BY: Thoma~ E. Kuck, P.E. Date Engineering Review Services Manager RObert~"Mulhere, AiCP Date Planning Services Department Director APPROVED B.Y: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES SEP 1 4 ~999 ASSIGNMENT AGREEMENT (BAY LAUREL DRIVE) THIS ASSIGNMENT AGREEMENT made and entered into this t~PJ/ day of ,~F_-~ . , 1999, by and between the PELICAN MARSH COMMUNITY DEVELO~'h~IENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVEKNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non-exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the assignee under that certain Assignment of Reservation and Dedication of Utility Facilities both herein referred to collectively as "Utility Easement" concerning certain water and sewer facilities and irrigation distribution lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Composite Exhibit "A"; and WI-[EREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigation distribution lines to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS, certain water and sewer facilities and irrigation distribution lines located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer facilities and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW TI-tEREFORE WlTNESSETH that for and in consideration of the premises and in consideration of the sum often and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility __ , AG E ~1~ P eLMarsh\UtilitykBLDh0~ssign 1 ~ SEP 141999 Pg. Easement referenced hereto and made a part hereof as Exhibit "A". Assignee hereby accepts said assignment. 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: PELICAN MARSH COMMUSX/ITY DEVELOPMlgNT DISTRICT A_A~si]t ant Secretar~ By: /-" ohn A. Pistor c..~- ' [ts Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Assignment Agreement was acknowledged before me by John A. Pistor, Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally known to me. WITNESS my hand and official seal this ~ day of ~}_~. , 1999. , u , , .., ,, ~':.0~ ~c0~,~r~n,cc~-t2~x~a~.: Print Name:~]-P/3h/3~ Lctflq~c/~ ~ ........ .o,e,:-~-u ',',~ ~:,,~ ,~,u.,r~, ,~:. My C ommi ssio'n-l~Xpires: ?elMarsh~Utility~B~ 2 SEP 1 -~ 1999 ,5 Pg ASSIGNEE: ATTEST: BOARD OF COUNTY COMMISSIO~RS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Pamela S. Mac'Kie Chairman Approved as to from and legal sufficiency Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERT~Y that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Pamela S. Mac'Kie, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of , 1999. (Notarial Seal) Notary Public Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 PelMarsh\UtilityXBLD~_ssign 3 No t ~ ~ ~ SEP li1999 I This Instrument Prepared by: Vivien N. Hastings, Esq. 24301 Wslden Center Drive Bonito Springs, FL 34134 UTILITY EASEMENT (Pelican Marsh Unit 18, Bay Laurel Drive) THIS EASEMENT, granted this !'"] day of March, 1999, by (i) WCI COMMUNYFIES LIMITED PARTNERSHIP, a Delaware limited partnership, whose address is 24301 Walden Center Drive, Bonita Springs, Florida, 34134, (ii) COIVffvtU'NiTIF~ FINANCE COMPANY, a Delaware corporation, whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, (iii) Pulte Home Corporation, a Michigan corporation, whose address is 4014 Gunn Highway, Suite 250, Tampa, Florida 33624, and (iv) PRESERVE HOMESITES SOUTH, INC., whose address is 9501 North Tamiami Trail, Suite 202, Naples, Florida 34108 (collectively, the "Cyrantor"), to the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, whose address is do Anthony P. Pires, Jr., Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, (the "Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain a sanitary sewer lift station, water and sewer utility facilities and irrigation distribution lines in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Orantors within the easement area, to wit: See attached Exhibit "A' which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the sanitary sewer lift station, water and sewer utility facilities and irrigation distribution lines. Grantors and Cnantee are used for singular or plural, as the context requires. Robin~arah~utility~memml mis EXHIBIT "A" SEP i ~ 1999 IN WITNESS WHEREOF, the Grantors have caused these presents to be execmed the date andre written. .~ ~/L/r~ . 1 ~ WCI COMMUNITIES LIMITED PARTNERSHIP Prini--Name: ~:~'D ~ ~ drD~q~ a Delaware limited partnership Print ~am~(~_/~'~-~1-~-. ~:~_X/'-~_ Vi~ien N. I-I~astings% - '(jr Its: Senior Vice President *Executed pursuant to authority granted pursuant to Certifi~ of Authority/Power of Atwmey recorded in OR Book 25 i 5, Page 3020, Public Records of Collier County, Florida. STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Vivien N. Hastings as Senior Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the partnership. She is personally known to me. WITNESS my hand and official seal this ' ~,~ch, 1999. My Commission Expires: No~~c, State of Florida Robin Huffrnan STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Easement was acknowledged before me by Steven C. Adelman as Vice President of Communities Finance Company, on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this 999. Notary Public, State of Florida My Commission Expires: Robin Huffman Robinkmarsh~utility'~.~ment.u 18 A~ ~,~-A~' 3 of 5 ~o. SEP 1 ,~ 1999 Pg. q ~~ ~1:~. ~,~~ PULTE HOME CORPORATION, a Michigan ~i~t Name: STATE OF COUNTY OF The foregoing Utility Easement was acknowledged before me by ~.,'toY ~. kJ,.lol~rt- as g ar~to,~-r,,,.,l-;w- Fact of Pulte Home Corporation, a l~ichi~an corporation, on behalf of thc corporation. He/she is personally known to me. WITNESS my hand and official seal this~/~ Iday of March, 1999. My Commission Expires: Printed Name of Notary Pubic (~~.Jo.~ ~ .~ PRESERVE HOMESITES SOUTH, INC., a Florida Print Name: ich me.!a_." ~ (Jr:(~. Rc~)/ co~ Its: STATE OF COUNTY OF Q~[,~,[-Of' e foregoing Utility Easement was acknowledged before me by ?O3_ 0.. ,_~. ,~-A~Jt.~ as ?C~0~', ~ of Preserve Homesites South, Inc., a Florida corporation, on behalf of the corporation. He/~ is personally known to me. WITNESS my hand and official seal this 2.q day of March, 1999. My Commission Expires: O~ ~-~0~ B_ ~_ f_k O~ ,,~% cv,~,~ ~,,~o~ Prinlted Name of Notary Pubic %~'~/~,/~x~r~ Ocfol~r 4, 2002 Robinhmarsh',utility',~asement. u 18 SEP 141999 CONSENT OF MORTGAGEE Regarding Utility Easement, Unit 1 $ Pelican Marsh - Bay Laurel Drive KNOWN ALL MEN BY THESE PRESENTS: BANK.BOSTON, N.A., as Agent for the banks, the holder of that certain Mortgage and Security Agreement dated the 27th day of April, 1998 and recorded in Official Records Book 2413, Page 1836, of the Public Records of Collier County, Florida, (the "Mortgage")which Mortgage constitutes a lien upon the real property described in the foregoing Utility Easement (the "Easemenf'), hereby consents to Communities Finance Company, a Delaware corporation, granting the foregoing Utility Easement to Collier County and agrees that the lien and encumbrance of the Mortgage shall be subordinate to the Utility Easement. The subordination set forth herein is limited strictly to the fights of Collier County, its successors and assigns, created by the Utility Easement and this subordination shall not constitute a subordination to the fights of any other person or entity that holds any interest in the easement property described in the Easement. Dated this ~'~ day of March, 1999. Witnesses: BANK.BOSTON, N.A., as Agent for the banks Print~dName: .. ~q~/t~ /9.. o{¢/,&o Printed N~ ._~ ~ .~r~ .~:;::...~q; STAr OF GEORGt _ The foregoing instrument was acknowledged before me this ~ day of March, 1999 by as of oston, N.A., whg~s personally known to me or who produced,/ as identification. No ' Cheryl Geofffion ~lola~/Public State of ~leorgia lh'inted N~ne of Notary Public Commission Exp. l[pril 30,. 2000 ALL OF TRACT "R" OF TI-IE PLAT OF PELICAN MARSH UNIT EIGHTEEN, AS RECORDED IN PLAT BOOK 30, PAGES 86 THROUGH 88 OF TI-IE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.710 TTT TRACT 119 COMMERCIAL EXCAVATION LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH. RANGE 28 EAST: BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY AG, ON THE WEST BY 46TH STREET NE R/W AND ON THE SOUTH BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. 59.710 for TTT Tract 119 Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 20,000 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the County is none. Thc County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $3,185.00 The breakdown is as follows: a) Excavation Review Fee - $ 850.00 b) Excavation Permit Fee - $ ! 18.00 c) Road Impact Fee - $2,217.00 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve thc issuance of Excavation Permit No. 59.710 for the TTT Tract 119 Commercial Excavation with the following stipulations: No S E P Executive Summary Excavation Permit No. 59.710 Page 2 1. The excavation shall be limited to a bottom depth of 12' below existing ground. All distributed areas proposed for lake excavation shall be excavated to a minimum depth of 6' below the dry season water table. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 4. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. Groundwater shall not be pumped during the excavation. 6. Where groundwater is proposed to be pumped during the excavation operation, a Dewatering Permit shall be obtained from South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. 8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. Any stockpile in place for a period of exceeding 60 days shall be seeded and mulched and erosion control device installed. 11. Operation shall be limited to one year. Executive Summary Excavation Permit No. 59.710 Page 3 SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK~ P.E. DATE ENGINEERING REVIEW MANAGER ULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. SS/taa/f:/EX SUMMARIES No. ~~ SEP 1 4 1999 -- COLLi'ER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit apphcants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting track traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to mad maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No, 93-64. 3. Off-site removal, of excavated material shall be subject to Ordinance No. 92-22 (Road ~ Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emea'gency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy mack loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenaneedrepair of public roads in accordance with current ordinances and applicable permit stipulations. ,o. 4.t~-l EXHIBIT "B" Page One of Two SEP 1 4 1999 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinanc6 No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 SEP 1 4 1999 Page Two of Two EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.709 TTT TRACT 118 COMMERCIAL EXCAVATION LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH. RANGE 28 EAST: BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY AG, ON THE WEST BY 46TH STREET NE R/W AND ON THE SOUTH BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. 59.709 for TTT Tract 118 Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 20,000 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 ~ Development Services Revenues generated by this project Total $3,185.00 The breakdown is as follows: a) Excavation Review Fee - $ 850.00 b) Excavation Permit Fee - $ 118.00 c) Road Impact Fee - $2,217.00 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.709 for the TTT Tract 118 Commercial Excavation with the following stipulations: SEP 1 4 1999 Executive Summary Excavation Permit No. 59.709 Page 2 1. The excavation shall be limited to a bottom depth of 12' below existing ground. All distributed areas proposed for lake excavation shall be excavated to a minimum depth of 6' below the dry season water table. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 4. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. Groundwater shall not be pumped during the excavation. 6. Where groundwater is proposed to be pumped during the excavation operation, a Dewatering Permit shall be obtained from South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted. 8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. Any stockpile in place for a period of exceeding 60 days shall be seeded and mulched and erosion control device installed. 11. Operation shall be limited to one year. SEP 1 4 1999 Executive Summary Excavation Permit No. 59.709 Page 3 STE-~ES ~A~.E(., ' v DATt [ SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER Ro~BE T J~. MULHERE, AICP D~d~/~ PLANNING SERVICES DEPARTMENT DIRECTOR APPROVEIY BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR D/ATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. SS/taa/f:/EX SUMMARIES SEP 1 4 1999 .5 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas fi'ont collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXH'r~IT "B" '~fi~-/~/& Page One of Two SEP 1 4 1999 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1 / 13/98 AGE A ~ Page Two of Two ! SEP 1 4 1999 t EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.697, "COCHRAN EXCAVATION AND HOMESITE" LOCATED IN SECTION 31, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, AND SOUTH BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY THE MAIN GOLDEN GATE CANAL AND AGRICULTURAL LAND. OBJECTIVE: To issue an excavation permit to Wayne and Margaret D. Cochran for the project known as "Cochran Excavation and Homesite" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 1 acre (+/-) to a depth of 16 (+/-) feet. The resultant 15,000 (+/-) C.Y. of fill will be used offsite. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $953.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $103.00 $ 953.00 TOTAL FEES A security in the amount of $5,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $1500 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.697 to Wayne and Margaret D. Cochran for the project known as "Cochran Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidti-ys. ^GE~I>pp, Sn, No. SEP I 4 1999 '--' 3. Dewatering is not allowed. 4. No blasting will be permitted. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. 7. No Excavation Permit shall be issued until all impact fees have been paid. 8. Any additional stipulations adopted by the BCC during a general discussion of excavations in the Estates on 14 SEP 99 will apply to this project. -~ CH~~S~, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER ~, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED KY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/H/EAC Exec. Summ. .oaG '~~-" SEP 1 4 1999 2 Pg. ~ COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 9 l-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limita on public roadways affected by the off-site removal of excavated material; the ! procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. I AGE A ~ ExI4m T "B" Page One of Two , i SEP 141999 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two SEP 1 4 1999 pg. 4 C.R. 846 PROJECT 1-75 S.R. 84 LOCATION MAP 'SITE HAP 6GE UNIT Collier County Transportation Im '~e Worksheet ! WORKSHEET FOR OFFSITE REMOVAL O, .CAVATED LAKE MATERIAL · I. Establish Criteria A. Fixed Criteria 1. Lane Capacity 8,685 trips per day Project Name: Cochran 2. Construction Cost $854,170 per lane-mile Project Type Excavation 3. FuelTax 0.123 pergallon Computed By: StanC 4. Fuel Efficiency ~ 5 ~miles/gallon Date: 08/24/1999 5. Present Worth Factor ~ 0.935 ~( years @ 7%) 6. Number of Work Days 250 per Year 7. Interstate Milage Reduction 4% B. Variable Criteria 1. Excavated Yardage ~ 15000 ~C.Y. 2. Yardage per Truck ~ 16 ~C.Y. 3. Duration I llyears = [ 250 ]days 4. Total Trip Length (one way) I 5.0 Imiles Assessable Length= I 51mi~es 5, Truckloads ~ 937,5 I I II. Compute Trip Ends Per Day Trip Generation Rate: [ 3.75 J X2= 7.5 Trip Ends per Day I III. Compute Lane-Miles Coisumed Per Day TEe/Day = I 7.5 X Assessable Trip Length = 5.0 I X [I-Interstate Mileage Reduction (0.04)] = I """' """" I Lane-Miles Per Day 8,685 I X 2 I IV. Compute Gross Impact Cost Lane-Miles Per Day = I 0.00207254 1 X Cost/Lane/Mile = I $854,170 I = I $1,770.30 IGross Fee I V. Compute Credit I I Days/Year=I 250]XTEs/Day=] 7.5 X Total Trip Length 5 XTax/GalI 0.123 I X Present Worth Factor I 0'9351 = ~ Credit Miles/Gal 5 X 2 I VI. Co p te Net Impact Fee 0 I-rI o )./ -C~ G[0~ Fee= $1,770.30 (minus) Credit= I $107'77 I = I $ ,.882.53 I ,m..ct Fee Due EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.711, "JIM WEEKS COMMERCIAL EXCAVATION TR 5, U 72" LOCATED IN SECTION 28, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY THE MAIN FAKA UNION CANAL. OBJECTIVE: To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, Tr 5, U 72" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 2 acres (+/-) to a depth of 12(+/-) feet. The resultant 32,000 (+/-) C.Y. of fill will be used offsite. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1064.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 214.00 $1064.00 TOTAL FEES A security in the amount of $5,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $3,000 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board o£ County Commissioners approve the issuance of Excavation Permit No. 59.711 to Jim Weeks for the project known as "Jim Weeks Commercial Excavation" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 12 feet below grade. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mort. thru Fri., excluding holi, lays. SEP 1 4 1999 3. Dewatering is not allowed. 4. No blasting will be permitted. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. 7. No Excavation Permit shall be issued until all impact fees have been paid. 8. Any additional stipulations adopted by the BCC during a general discussion of excavations in the Estates on 14 SEP 99 will apply to this project. PREPAID BY: '.~, ~', · T' ~ .,q ' ~ .- :':.? STAN CH~OWS~, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER ,. ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BX: VINCENT A. CAUTERO, Al}P, ADMINISTgTOR hiE COMMUNITY DEV. ~D ENVIRONMENT~ SVCS. 59.690 EX SUMMARY/SC~/EAC Exec. Su~. SEP 1 4 1999 2 54 59 70 75 86 01 102 t07118 1123 ~ ~_3 18 25 ~ 43 ~ 63 76 83 I g8 [103 126 55 58 71 74 87 90 103 1~ 119 122 2 19 22 39 42 59 62 79 82 99 102 134 C.R. 846 RAND ~ 3U~1 ARO ~ ~ ~ ~ ~ ~ PROJECT 50 65 65 79 82 95 ' 98 I133114 127 7 ~0 23 26 39 42 55 58 71 74 87 92 117 LOCATION 5~ 62 67 78 83 94 99 I110115 12~ 6 ~ ~2 27 38 ~ ~ 59 , 70 75 ~ ; 93 2ZND A~U[ NE. ~ ~ SITE F94 115 - I LOCATION MAP SITE, MAP G6E UNIT ?.L COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits, on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. AGEN A ~ ,~ EXHIBIT "B" No .~,~)dd Page One of Two SEP 1 4 1999 Pg. ¢ 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91 - 102 as amended. Reference to letter of 5/24/88 Revised 1 / 13/98 Page Two of Two EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.711, "~IM WEEKS COMMERCIAL EXCAVATION TR 5, U 72" LOCATED IN SECTION 28, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY THE MAIN FAKA UNION CANAL. OBJECTIVE: To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, Tr 5, U 72" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 2 acres (+/-) to a depth of 12(+/-) feet. The resultant 32,000 (+/-) C.Y. of fill will be used offsite. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1064.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 214,00 $1064.00 TOTAL FEES A security in the amount of $5,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $3,000 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.711 to Jim Weeks for the project known as "Jim Weeks Commercial Excavation" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 12 feet below grade. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holi. lays. ^GE~'X, '~ SEF' 1 4 1999 3. Dewatering is not allowed. 4. No blasting will be permitted. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. 7. No Excavation Permit shall be issued until all impact fees have been paid. 8. Any additional stipulations adopted by the BCC during a general discussion of excavations in the Estates on 14 SEP 99 will apply to this project. PREPAKED BY: STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AI~P, ADMINISTRATOR I~TE r COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/H/EAC Exec. Summ. No SEP 1 4 1999 2 C.R. 046 ,RANi_E F,~LL IOULE /ARO~ ~N[A~ ~ YARD 89 120 PROJEOT so 86 7g 82 eS g8 111 11~ 127 7 10 23 26 3g ¢Z 55 ~ 71 7~ B7 e2 117 LOOATION 51 62i 67 78 " 94 99 110 115 126 ~i6 11 22 27 38 43 54 5g 70 75 " 93 "6 ~ 99 110 / ~ 5~ 57 72 73 ~ m 89 lO~ lO5 12o 121 I im ~ 81 g6 l g7712H3 12e [~ 8 g 24 25 ~ ~1 ~ 57 72 73 88 16~A~IIUE N ~[, ~ 50 63 66 79 82 95 98 HI 114127 il7 10 23 26 39 42 55 ~ 71 74 67 92 117 ~ ~ ~LI~ C~Nw 14~~1~[ N~. 14mA~)UE NE. e4 115 LOCATION HAP SITE, HAP 6GE UNIT "~.__ COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting track traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits, on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. AGE A ~ EXHIBIT"B" No. ?~ ~J~. !o~ Page One of Two SEP 1 4 1999 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two $~-D 1 4 ]999 I ,,. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.711, "JIM WEEKS COMMERCIAL EXCAVATION TR 5, U 72" LOCATED IN SECTION 28, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH , EAST , SOUTH , AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY THE MAIN FAKA UNION CANAL. OBJECTIVE: To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation, Tr 5, U 72" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of less than 2 acres (+/-) to a depth of 12(+/-) feet. The resultant 32,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be less than one year. FISCAL IMPACT: ,,.-- The Community Development Fund, Development Services (11313890032940000000) has or will receive $1064.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $. 214.00 $1064.00 TOTAL FEES A security in the amount of $5,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $3,000 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.711 to Jim Weeks for the project known as "Jim Weeks Commercial Excavation" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 12 feet below grade. ~'- 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holi lays.No.^GE~.I_~ g~V')W :1. SEP 1 4 1999 ,,,, / 3. Dewatering is not allowed. 4. No blasting will be permitted. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. 7. No Excavation Permit shall be issued until all impact fees have been paid. 8. Any additional stipulations adopted by the BCC during a general discussion of excavations in the Estates on 14 SEP 99 will apply to this project. PREPAI~ED BY: STAN CH~OWS~ P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AI~P, ADMINISTRATOR I~TE ,r COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/H/EAC Exec. Summ. AGENDP, ~'r~-,h~h, '~ SEP 1 4 1999 ! Pg. _ ~ _AVE~ JE L __ 27~ AV~:I IUE~ E. ,5558 71~ 74 B7 9~I 10~1~ 11gm22- 2 ~9 22 ~9 42 ~9 62 79 B2 99 102 127 128, 134 .... 152 ~ER C~ 49 6~ 65 ~ ~1 ~ ]97 112 I 113 I 128 B 9 2~ 25 ~ 41 ~ 57 72 73 ~ 8g 120 PRO,EOT 50 63 66 79 82 g5 98 111 114 127 7 10 23 26 39 42 55 5B 71 74 87 92 ~7 ~N~ A~,U~ NE. ~ SITE 97 ~ 112 ~ ~6 ~7 72 73 ~ 89 104 I 105120 112~ 1 ~5 17 ~2 ~ ~ ~9 64 65 ~ 8~ 104 105 LOCATION MAP SITE. MAP GGE UNI" '~_ COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas fi'ont collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the fight to establish emergency weight limits, on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" ~o. Page One of Two SEP 1 4 1999 Pcj'. 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 AGEI~p~A ~T~ Page Two of Two SV? 1 4 1999 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVAT'ON PERMIT NO. 59.702, "56T~ AVE., NE / JOLLY TRUCKING" LOCATED IN SECTION 4, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, WEST, AND SOUTH BY VACANT LAND ZONED ESTATES, AND ON THE EAST BY VACANT AGRICULTURAL LAND. OBJECTIVE: To issue an excavation permit to Daryl Damico / Jolly Trucking for the project known as "56t~ Ave. NE / Jolly Trucking" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 10 acres (+/-) to a depth of 20 (+/-) feet. The resultant 300,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be about two years. FISCAL IMPACT: The Community Development Fund has or will receive $1808.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $ 958.00 $1808.00 TOTAL FEES A security in the amount of $75,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $33,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.702 to Daryl Damico / Jolly Trucking for the project known as "56t~ Ave. NE / Jolly Trucking" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. 2. Off'-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited tO 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. SEP 1 4 1999 Pg. / ~' 3. Dewatering is not allowed. 4. No blasting will be permitted. 5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. 6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. 7. No Excavation Permit shall be issued until all impact fees have been paid. 8. Any additional stipulations adopted by the BCC during a general discussion of excavations in the Estates on 14 SEP 99 will apply to this project. PREPARED BY: ..,~/ > ! / i' S'TAN CHRZAN~WSKI, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER R~)~HE~p' ~-" ~)A~E~" / 'I ANNING SERVICES DE 'ARTMENT DIRECTOR APPROVED BY; VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.690 EX SUMMARY/SC/HfEAC Exec. Suture. AGE A T, 2 SEP 1 4 1999 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits, on public roadways affected by the off-site removal of excavated material; the procddure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two S E ? 1 4 1999 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two SEP 1 4 1999 C.R. 8'~6 ~E C~NW LOCATION ~ 1 SITE LOCATION lo 15 16 LOCATION MAP SITE MAP 65E UNiT ~.5 Collier County Transportation Impa~- Worksheet ) WORKSHEET FOR OFFSITE REMOVAL OF E; )ATED LAKE MATERIAL Establish Criteria A. Fixed Criteria 1. Lane Capacity 8,685 trips per day Project Name: Dam]co / Jolly 2. Construction Cost $854,170 per lane-mile Project Type Excavation 3. Fuel Tax 0.123 per gallon Computed By: 4. Fuel Efficiency ~ 5 ~miles/gallon Date: 5. Present Worth Factor ~ 0.873 ~( years @ 7%) 6. Number of Work Days 250 per year 7. Interstate Milage Reduction 4% B. Variable Criteria 1. Excavated Yardage ~ 300000 JC.Y. 2. Yardage per Truck ~ 16 ~C.Y. 3. DuraUon I 2]years = I 500 ]days 4. Total Trip Length (one way) ] 10.0 ]miles Assessable Length= [~'--'--~miles 5. Truckloads ~ 18,750.0 ! I Compute Trip Ends Per Day Trip Generation Rate: L 37.5 ] x2= 75 Trip Ends per Day I Compute Lane-Miles Consumed Per Day I TEs/Day = I 75] X Assessable Trip Length = 10.0 I X [I-Interstate Mileage Reduction (0.04)] = 10.041450781 Lane-Miles Per Day ~ x L 2 I IV. Compute Gross Impact Cost Lane-Miles Per Day = [ 0.04145078] X CostJLane/aile = I $854,170 I = [ $35,406.01 ]Gross Fee Oays/Year=] 2501XTEs/Oay=I 75 I X Total Trip Length 10 XTax/GalI 0.123 ] X Present Worth Factor r 0'8731 = 152,0~4.281 Credit Miles/Gal ~ X 2 EVI, Corer Jte Net Impact Fee F! 03 Gros Fee= $35,406.01 (minus) Credit= [~2,014.28I = [$ 33,391.73J Impact Fee Due i-o I ,-~ z EXECUTIVE SUMMARY MEMORANDUM OF AGREEMENT WITH THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL FOR PUBLIC TRANSPORTATION OPERATIONS STAFF SERVICES. Obiective: Sign a Memorandum of Agreement with the Southwest Florida Regional Planning Council for Public Transportation Operations Staff. Services. Considerations: On April 2, 1999 the Board of County Commissioners agreed to sign a Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged, and consequently became the Community Transportation Coordinator (CTC) in Collier County. The county contracted with Intelitran for their assistance in meeting the responsibilities connected with the county's role as the CTC. Since that time, Metropolitan Planning Organization (MPO) staff has managed the contract with Intelitran and acted as the county staff contact in CTC issues. The Federal Highway Administration (FHWA) planning grant used to fund the MPO staff activities is intended to fund planning functions rather than operational functions, and MPO staff time spent on CTC issues is not eligible for reimbursement under this grant. On August 3, 1999, the BCC agreed to become the Governing Agency for Transit in Collier County, and to proceed on a timetable that would see buses operating in February, 2001. The BCC also agreed to create a staff position called the Public Transportation Manager, to manage the contract with Intelitran, act as the CTC staff contact person, and meet the county staff' responsibilities identified in'the Public Transportation Development Plan. The attached agreement ensures that county responsibilities in the area of public transportation operations will be met in the absence of a Pubic Transportation Manager. Fiscal Impact: Federal grant funds will be available to fund all of the costs of the new staff, position, or contract services, beginning October 1, 1999. The total annual cost of funding this position will not exceed $62,000 (including salary and benefits). Any CTC related services provided under this agreement prior to October 1 would need to be paid from another source. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairwoman to sign the Memorandum of Agreement with the Southwest Florida Regional Planning Council for Public Transportation Operations Staff services. Staff' recommends that the Board of County Commissioners use the funds reserved for support of the Transportation Disadvantaged system to fund any services performed under this agreement before October 1 connected to the county's role as the CTC. SEP i 4 1999 ...Zg._ Gavin Jones, P.E.] Transportation Planning Manager Reviewed by: R~A -- Date: ~'/.~. ICP, Planning Services Director Approved by: v Date: Vincent A. Cautero, AICP, Community Development & Environmental Services Administrator Memorandum of Agreement For Public Transportation Operations Staff Services THIS MEMORANDUM OF AGREEMENT FOR PUBLIC TRANSPORTATION OPERATIONS STAFF SERVICES, hereinafter to be called the AGREEMENT, made and entered into this day of ,1999 by and between the BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, hereinafter called the COUNTY and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, hereinafter called the RPC. WITNESSETH: WHEREAS the COUNTY became the Community Transportation Coordinator (CTC) on an interim basis on April 2, 1999, and on a permanent basis on September 14, 1999; and WHEREAS, the COUNTY adopted a Public Transportation Development Plan (PTDP) on August 3, 1999, agreed to proceed on the transit implementation schedule outlined in the Fast Track scenario (Tables 8 and 9 of the final report), and agreed to become the Governing Agency for Transit in Collier County; and WHEREAS, the RPC has offered to provide staff services to the COUNTY in order to ensure the COUNTY meets its new operational responsibilities for public transportation; and WHEREAS, it is deemed by the parties to this Agreement to be appropriate and necessary that the duties and obligations of the RPC in relation to the COUNTY's responsibilities in public transportation operations be defined and fixed by formal agreement; NOW, THEREFORE, in consideration of the mutual covenants, premises, and representations herein, the parties agree as follows: 1.00 PURPOSE For the reasons recited in the preamble, which are hereby adopted as part hereof, this Agreement is to provide for professional services to carry out the responsibilities of the COUNTY in connection with its role as the CTC and the Governing Agency for Transit. 2.00 SCOPE OF SERVICES It is agreed by the RPC that it shall furnish the COUNTY with the professional, technical, administrative, and clerical services, including limited advisory services, the equipment, the office and other space, and such incidental items as may be required and necessary to carry out the responsibilities of the COUNTY in its role as the CTC and Governing Agency for Transit. 2.01 RPC EXECUTIVE DIRECTOR The Executive Director of the RPC shall be responsible to the COUNTY for: 1. The conduct of assigned public transportation operational duties as well as the appointment, assignment, direction, and control of all personnel necessary thereto; 2. The development of an appropriate organizational structure to carry out the responsibilities set forth in this Agreement; and 3. The development of procedures to monitor and coordinate the assigned public transportation operational duties. 2.O2 RPC DUTIES In general, the RPC will assist the COUNTY in meeting its responsibilities as the CTC, as set forth in the Memorandum of Agreement between the COUNTY and the Florida Commission for the Transportation Disadvantaged (CTD), and in meeting the COUNTY's responsibilities as the Governing Agency for Transit, as set forth in the PTDP. The duties below will eventually become the responsibility of a COUNTY staff person, as authorized by the COUNTY in their August 3, 1999 meeting. Duties in connection with the COUNTY's role as the CTC include, but may not be limited to: 1. Ensure compliance with the requirements set forth in the Memorandum of Agreement between the COUNTY and the CTD, and in any agreements between the COUNTY and the Florida Deparmaent of Transportation (FDOT) involving the Transportation Disadvantaged (TD) system; 2. Utilize as much as possible the management entity for TD services in meeting the requirements above; 3. Prepare a contract between the COUNTY and the management entity for TD services; 4. Prepare requests for legal services to the County Attorney's office for review of grant applications to the CTD and FDOT, and for review of grant agreements; 5. Prepare Board of County Commission (BCC) agenda items to authorize grant applications and execute grant agreements; 6. Ensure compliance with all the requirements outlined in such grant agreements; 7. Prepare necessary budget amendments; 8. Manage the contract with the management entity for TD services; 9. Review invoices to the CTD prepared by the management entity, for COUNTY signature; 10. Review invoices from the management entity for their secvices to the COUNTY; 11. Ensure compliance with all FDOT requirements connected with the COUNTY's ownership of the TD bus fleet; 12. Provide advice in disputes over contractual relationships between the management entity and the vehicle operators; and 13. Represent the COUNTY at meetings of the Local Coordinating Board (LCB) for TD. 2 Duties in connection with the COUNTY's role as the Governing Agency for Transit include, but may not be limited to: 1. Implement the recommendations found in the PTDP, following the timetable described as the Fast Track Scenario (Tables 8 and 9 in the final report); 2. Implement recommendations found in the Transit Operation Plan yet to be produced; 3. Prepare requests for legal services to the County Attorney's office for review of grant applications to the FDOT and the Federal Transit Administration (FTA) for the purchase and operation of transit equipment, and for review of grant agreements; 4. Prepare necessary budget amendments; 5. Prepare BCC agenda items to authorize grant applications and execute grant agreements; 6. Ensure compliance with all of the requirements outlined in such grant agreements; 7. Acquire transit vehicles; 8. Select a management entity to operate the transit system; 9. Prepare a contract between the COUNTY and the management entity for transit; 10. Manage the contract with the management entity for transit; 11. Manage the COUNTY's Vanpool Program; and 12. Manage the COUNTY's Commuter Assistance Program. 3.00 COMPENSATION AND PAYMENTS The RPC is hereby authorized to apply for and be reimbursed by the COUNTY for all services rendered under this Agreement as approved by the Contract Manager or their designee. The RPC will submit a monthly invoice describing the services provided in the form of a progress report and indicating the number of hours involved. Reimbursement for staff time will be at the rate of forty-three dollars ($43.00) per hour, which is inclusive of all costs except for travel. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Florida Statutes. 4.00 INFORMATION AND REPORTS The RPC will provide all required information and reports and will permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by the COUNTY to be pertinent to ascertain compliance with applicable regulations, orders and instructions for services provided under this agreement. 5.00 AMENDMENT OF AGREEMENT The RPC or the COUNTY may upon initiation of either party amend this Agreement to cure any ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which are consistent with the intent and purpose of this Agreement subject to mutual agreement of such amendment by both parties. 6.00 AGREEMENT FORMAT All words used herein in the singular format shall extend to and include the plural. All words used herein in the plural shall extend to the singular. All words used in any gender shall extend to and include all genders. 7.00 SEVERABILITY Should any provision of this Agreement prove to be invalid due to current County Policies or the provisions of State of Florida or Federal law, the other terms and conditions of this Agreement shall not otherwise be affected. 8.00 AGREEMENT TERM AND TERMINATION This Agreement shall commence upon the date of award by the Board of County Commissioners and shall remain in effect unless terminated by one or both of the parties. The Agreement may be terminated for cause by the COUNTY or the RPC by giving written notice to the other party thirty (30) calendar days prior to such termination provided financial commitments made prior to the written notice of the withdrawal are effective and binding for their full term and mount regardless of withdrawal. If either party is in substantial breach of the Agreement, termination may be made thirty (30) calendar days after written notice. 9.00 PROJECT MANAGEMENT The Project Manager for the COUNTY is: Gavin Jones, P.E., Transportation Planning Manager Collier County Metropolitan Planning Organization 2800 North Horseshoe Drive Naples, Florida 34104 941-403-2400 Thc Project Manager for the RPC is: 4 Wayne Daltry, Executive Director Southwest Florida Regional Planning Council P.O. Box 3455 North Fort Myers, Florida 33918-3455 941-656-7720 IN WITNESS WHEREOF, the undersigned parties have caused this Memorandum of Agreement to be duly executed on their behalf this day of ,1999. SOUTHWEST FLORIDA REGIONAL COLLIER COUNTY PLANNING COUNCIL BOARD OF COUNTY COMMISSIONERS By: By: PAMELA S. MAC'KIE Title: Chairman Title: Chairwoman ATTEST: ATTEST: Wayne E. Daltry Title: Executive Director Title:. Approved as to form and legal sufficiency ty y EXECUTIVE SUMMARY MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. Objective: Sign a Memorandum of Agreement with the State of Florida Commission for the Transportation Disadvantaged. Considerations: On April 2, 1999 the Board of County Commissioners agreed to sign a Memorandum of Agreement with the Commission for the Transportation Disadvantaged, and consequently became the Community Transportation Coordinator (CTC) in Collier County. The second extension of that agreement expires on September 30, 1999, and a new one must be ratified in order to continue to receive Transportation Disadvantaged (TD) Trust Fund support of the TD system. The Metropolitan Planning Organization, at their August 6, 1999 meeting recommended that the Board of County Commissioners continue to serve as the CTC. The County has contracted with Intelitran, who will, as a management entity, assist in meeting the responsibilities outlined in the agreement. Responsibility for complying with the terms of the agreement, which includes management of the contract with Intelitran, is to be part of the responsibilities of the new county staff position called the Public Transportation Manager, as authorized by the BCC at their August 3, 1999 meeting. Fiscal Impact: Federal grant funds will be available to fund the new staff position beginning October 1, 1999. Staff effort resulting from the county's role as the CTC will have to be funded from April 2, 1999 to September 30, 1999. There are currently no funds specifically allocated for that effort. Funds currently appropriated for the Transportation Disadvantaged Program in FY99 are available to be used for CTC expenditures at this time. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairwoman to sign the Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged. Staff recommends that the Board of County Commissioners use the funds reserved for support of the Transportation Disadvantaged system to fund the staff effort resulting from the county's role as the CTC between April 2, 1999 and September 30, 1999. No. SE? 1 1999 EXECUTIVE SUMMARY MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. Obieetive: Sign a Memorandum of Agreement with the State of Florida Commission for the Transportation Disadvantaged. Considerations: On April 2, 1999 the Board of County Commissioners agreed to sign a Memorandum of Agreement with the Commission for the Transportation Disadvantaged, and consequently became the Community Transportation Coordinator (CTC) in Collier County. The second extension of that agreement expires on September 30, 1999, and a new one must be ratified in order to continue to receive Transportation Disadvantaged (TD) Trust Fund support of the TD system. The Metropolitan Planning Organization, at their August 6, 1999 meeting recommended that the Board of County Commissioners continue to serve as the CTC The County as contracted with Intelitran, who will, as a management entity, assist in meeting the responsibilities outlined in the agreement. Responsibility for complying with the terms of the agreement, which includes management of the contract with Intelitran, is to be part of the responsibilities of the new county staff position called the Public Transportation Manager, as authorized by the BCC at their August 3, 1999 meeting. Fiscal Impact: Federal grant funds will be available to fund all of the costs of the new staff position beginning October 1, 1999, which are estimated not to exceed $62,000 (including salary and benefits). Staff effort resulting from the county" role as the CTC will have to be funded from April 2, 1999 to September 30, 1999. There is no currently approved source of funds for that effort. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairwoman to sign the Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged. Staff recommends that the Board of County Commissioners use the funds reserved for support of the Transportation Disadvantaged system to fund the staff effort resulting from the county's role as the CTC between April 2, 1999 and September 30, 1999. AG E~A SEP 1 1999 Pg. / Gavin . . rtation Planning Manager Reviewed by: 1~~ t~ober~Mulhere, Date: AICP, Planning Services Director Approved by: ~- ~'~f'~ Dat~J/~" ~ Vincent A. Cautero, AICP, Community Development & Environmental Services Administrator AGENDA ITEM Contract # .. Effec6ve: .to. STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED IVIF. MORANDUM OF AGREEMF~NT This Memorandum of Agreement is between the COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, hereby referred to as the "Commission," and ~ollier County. Board of County. Commissioners: 3301 East Tamiami Trail, Naples, Florida 34112 the COMIvlUNITY TRANSPORTATION COORDINATOR, designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of Collier county(ies), and hereafter referred to as the "Coordinator.' This Agreement is made in consideration of the mutual benefits to both parties; said consideration acknowledged hereto by the parties as good and valuable consideration. The Parties Agree: I. The Coordinator Shall: A. ~ and remain totally apprised of all of the Transportation Disadvantaged resources available or planned in their designated service area. This knowledge will be used to plan, coordinate, and implement the most cost effective transportation disadvantaged transit system possible under the economic and other conditions that exist in the designated service area. B. Plan and work with Community Transportation Coordinators in adjacent and other areas of the state to coordinate the provision of community trips that might be handled at a lower overall cost to the community by another Coordinator. This includes honoring any Commission-approved statewide certification program that allows for intercounty transportation opportunities. C. Arrange for all services in accordance with Chapter 427, Florida Statutes, and Rule 41-2, FAC, and as further required by the Commission and the local Coordinating Board approved Transportation Disadvantaged Service Plan. D. Return any acquired profits or surplus funds originating through the course of business as the Coordinator that are beyond the amounts(s) specifically identified and approved in the accompanying Transportation Disadvantaged Service Plan. Such profits or funds shall be returned to the Coordinator's transportation system or to any subsequent Coordinator, as a total transportation system subsidy, to be applied to the immediate following operational year. The Coordinator will include similar language in all coordimfion contracts to assure that transportation disadvantaged related revenues are put back into transportation disadvantaged services. E. Accomplish this Project by: 1. Developing a Transportation Disadvantaged Service Plan for approval by the Coordinating Board and the Commission. Coordinators who are newly designated to a particular service area shall submit a local Coordinating Board approved Transportation Disadvantaged Service Plan, wilhin 120 calendar days following the execution of the CoordinaWr's ini_fia! memorandum of~greement with the Commission, for approval by the Commission. All subsequent Transportation Disadvantaged Service Plans shall be submitted and approved with the corresponding memorandum of agreement. The approved Transportation Disadvantaged Service Plan will be implemented and monitored to provide for community- wide transpo~tion services for purchase by non-sponsored transportation disadvantaged persons, contracting social service agencies, and other entities that use local, slate, or federal government funds for the purchase of transportation for the transportation disadvantaged. 2. Maximizing the use of available public school transportation resources and public fixed route or fixed schedule transit services and assuring that private or public transit, paratransit operators, and school boards have been afforded a fair opportunity to participate to tl~ maximum extent f~asible in the planning process and in the development of the provisions of the Transportation Disadvantaged Service Plan for the transportation disadvantaged. 3. Providing or arranging 24-hour, 7-day per we~k transportation disadvantaged service as ~lUired in the designa~i service area by any Federal, State or Local Government agency sponsoring such services. Tho provision of said services shall be furnished in accordance with the prior notification requirements idenffied in ~he local Coordinating Board and Commission approved Transportation Disadvantaged Service Plan. 4. Complying with all local, sta~, and federal laws and reguhtions that apply to the provision of transportation disadvantaged services. Submitting to the Commission an Annual Operating Report derailing demographic, operational, and financial dam regarding coordination activities in the designated service area. The report shall be prepared on forms provided by the Commission and according to the instructions of said forms. Rev. F. Comply with Audit and Record Keeping Requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium Model UnO~orm Accounting ~ystem for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Community Transportation Coordinators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. Assuming the responsibility of invoicing for any transportation services arranged, unless otherwise stipulated by a purchase of service contract or coordination contract. 3. Maintaining and filing with the Commission, local Coordinating Board, and all purchasing agencies/entitie~ such progress, fiscal, inventory, and other reports as those entities may require during the period of this Agreement. 4. Providing copies of finance and compliance audits to the Commission and Coordinating Board as requested by the Commission or Coordinating Board. 5. Reporting any accident involving a vehicle operated within the coordinated transportation system in the coordinator's designated service area. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $500 in property damages, must be reported to the Commit'on not more than '12 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident report or reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. G. Retain all financ~ records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, tho records shall be retained until resolution of the audit findings. The Coordinator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Commission or this Agreement. They shall have full access to and the right to examine any of the said records and documents during the retention period. H. Comply with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90, FAC, concerning System Safety; or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; and Rev. ?/1/~9 3 2. Assuring compli_snce with local, slate, and federal laws, and Commission policies relating to drag testing. Conduct drag and alcohol testing for safety sensitive job positions within the coordinated system regarding pm-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration. I. Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100,000 for any one person and $200,000 per occurrence at all times during the existence of this Agreement. Upon the execution of this Agreement, the Coordinator shall add the Commission as an additional named insured to all insurance policies covering vehicles transporting the transportation disadvantaged. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Commission. The Coordinator shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S., and 234.211, F.S. Insurance coverage in excess of $1 million per occurrence must be approved by the Commission and .the local Coordinating Board before inclusion in the Transportation Disadvantaged Service Plan or in the justification of rates and fare structures. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations (45 CFR, Part 205.50), except upon order of a court, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. K. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Coordinator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so requested by the Commission. Coordinator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. Rev. 7/1/99 4 d. The Age Discrimination Act of 1975, as amended, 42 ~.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and sumdards hwfully adopted under the above siatutes. g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Coordinator, its successors, subcontractors, transferee, and assignees for the period during which such assislance is provided. Assuring that all operators, subcontractors, subgrantee, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Coordinator agrees that the Commission may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. L. Indemnify and hold harmless the Commission and ali of the Commission's members, officers, agents, and employees; purchasing agency/entity officers, agents, and employees; and the local, slate, and federal governments from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Coordinator during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which tbe Commission or said parties may be subject, except that neither the Coordinator nor any of its sub- contractors will be liable under this section for damages arising out of injury or damage to persons or property directly mused or resulting from the sole negligence of the Commission or any of its members, officers, agents or employees; purchasing agency/entity, officers, agents, and employees; and local, slate, or federal governments. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency/entity or Coordinator to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a slate agency/entity or political subdivision of the Slate of Florida or the federal government to be sued by third pm'ties in any matter ari.~ing out of any Agreementor contract. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. M. Comply with sUmdards and perfonmnce requirements of tho Commission, the Coordinating Board approved Transportation Disadvanlaged Service Plan, and any lmrchas~ of servic~ contracting Rev. ?/1/99 5 agencies/entities. Failure to meet the requirements or obligations .~t forth in this MOA, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan, shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Commission. N. Comply with subcontracting requirements by executing or negotiating contracts for transportation services with Transportation Operators, and assuring that the conditions of such contracts are maintained. The requirements of Part 1, Paragraph E.$. through M are to be included in all contracts, subcontracts, coordination contracts, and assignments made by the Coordinator for services under this Agreement. Said contracts, subcontracts, coordination contracts, and assignments will be reviewed and approved annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Agreement. O. Comply with the following requirements concerning drivers and vehicles: 1. Drivers for paratransit services, including coordination contractors, shall be requLred to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceplable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle. 2. The paratmnsit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheelchair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assist! access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver. 3. All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to 1~ driver at all times to the base. Ail vehicles that are not equipped with two-way communications shall have two years to be in compliance as specified in Rule 41-2. 4. All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working att conditioners and heaters in each vehicle. Vehicles that do not have a working air condiu'oner or heater will be scheduled for repair or replacement as soon as possible. AU vehicles that are not equipped with an alt conditioner and/or heater shall have two yeats to be in compllaqce as specified in Rule 41-2. · Rev. ~/i/99 6 P. Comply with other requirements as follows: 1. Transport an escort of a passenger and dependent children as locally negotiated and identified in the local Transportation Disadvantaged Service Plan. 2. Determine locally in the Transportation Disadvantaged Service Plan, the use, responsibility, and cost of child restraint devices. 3. Transport with the passenger at no additional charge, passenger property that can be carried by the passenger and/or driver in' one trip and can be safely stowed on the vehicle. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger properly does not include wheelchairs, child seats, Slxetchers, secured oxygen, personal assistive devices, or intravenous devices. 4. Provide shelter, security, and safety of passengers at vehicle transfer points. $. Post a local or other toll-free number for complaints or grievances inside each vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the local Coordinating Board. 6. Provide out-of-service-area trips, when determined locally and approved by the local Coordinating Board, except in instances where local ordinances-prohibit such trips. 7. Keep interior of all vehicles free from dirt, grime, oil, trash, tom upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger. 8. Determine locally by the local Coordinaling Board and provide in the local Transportation Disadvantaged Service Plan thc billing requi~'ements of the Community Transportation Coordinator. All bills shall be paid to subcontractors within 15 calendar days after receipt of said payment by the Coordinator except in instances where the Coordinator is a non- governmental entity. 9. l~int:~in or have access to a passenger/trip database on each rider being transport~ within the system, 10. Provide each rider and escort, child, or personal care attendant adequal~ seating for paratransit services. No moro passengers than the registered passenger sealing capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will bo provided to each rider and escort, child, or personal care attendant, and no more passengers than th~ registered passenger sealing or slanding capacity shall bo scheduled or transported in a vehicle at any time. .Rev. 7/1./99 11. First Aid shah be determined locally and provided in the loc91..Transportation Disadvantaged Service Plan. 12. Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. II. The Commission Shall: A. Recognize the Coordinator as the entity described in Section 427.011(5), Florida Statutes, and Rule 41-2.002(4), F.A.C. B. Attempt to insure that all entities with transportation disadvantaged funds will purchase transportation disadvantaged services through the Coordinator's system. III. The Coordinator and the Commission Further Agree: A. Nothing in this Agreement shall require the Commission to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any of the provisions of this Agreement is found by a court of law to violate any applicable state law, the purchasing agency/entity will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Coordinator to the end that the Coordinator may proceed as soon as possible with the provision of transportation services. B. If any part or provision of this Agreement is held invalid, the remainder of this Agreement shall be binding on the parties hereto. C. Termination Conditions: 1. Termination at Will - This Agreement may be terminated by either party upon no less than thirty 00) days notice, without cause. Said notice shall be delivered by certified marl, return receipt required, or in person with proof of delivery. 2. Termination for Breach - Unless the Coordinator's breach is waived by the Commission in writing, the Commission may, by written notice to the Coordinator, terminate this Agreement upon no les~ than twenty-four (24) hours notice. Said notice shah be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the Commission of breach of any provision of this Agreement shah not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement, and sl~ll not act as a waiver or estoppel to enforcement of any provision of this Agreement. The provisions herein do not limit the Commission's right to remedies at law or to damages. D. Renegotialions or Modifications of this Agreement shall only be valid when they have been reduced to writing, duly approved by the Commission, and signed by both parties hereto. Rev. 7/1/99 8 E. Notice and Contact: The name and ad&v.~ss of the contract manager for the Commission for ~ Agreement is: Executive Director, 60S Suwannee Street, MS-49, Tallahassee, FL 32399-04.~. Tho representaliveJlmsition of the Coordinator responm~ole for administration of the program under this Agreement is: In the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Agreement. This document has been reviewed in its entirety and approved by the local Coordinating Board at its official meeting I~eld on . Coordinating Board Chairperson WITNESS WHEREOF, the parties hereto have caused these presents to be executed. COMMUNITY TRANSPORTATION STATE OF FLORA, COMMISSION FOR COORDINATOR: THE TRANSPORTATION DISADVANTAGED: Collier County Board of County_ Commissioners Jo Ann Hutehinso[I ,,, Agenc~ Name Typed Name of Authorized Individual Typed Name of Authorized Individual Signature:., , Signature: Title: Executive Director Title:. Attest: (~..AL) ATTEST: Notary Public OglGHT E. BROCK, CLERIC ATTESt: (SE~) Corporate Officer Staff Attorney, If Applicable or NouuT Public ~ev. '~/z./99 9 EXECUTIVE SUMMARY REQUEST THE BOARD SET A PUBLIC HEARING DATE FOR DECEMBER 14, 1999 FOR CONSIDERATION OF A PROPOSED DEVELOPMENT ORDER AND ORDINANCE FOR A DEVELOPMENT OF REGIONAL IMPACT AND PUD REZONING FOR PETITIONS DRI-99-1 AND PUD-99-23. OBJECTIVE: To set a public hearing date for the Board of County Commissioners to consider Petition DRI-99-1 and PUD-99-23, Winding Cypress. CONSDERATIONS: On or about September 1, 1998, the Southwest Florida Regional Planning Council and the State Department of Community Affairs acknowledged that they were in receipt of an application for a Development of Regional Impact (DRI) Application for Development Approval (ADA). The purpose of this request is to set a public hearing date for the Board of County Commissioners to consider Petitions DRI-99-1 and PUD-99-23. Compliance with Chapter 380.06(1), Florida Statutes, requires that the local government gives notice and holds a public hearing on the DRI application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance. The public hearing notice is required to be published at least sixty (60) days in advance of the hearing. Staff requests the public hearing date be set for December 14, 1999. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: Not applicable. STAFF RECOMMENDATION: That the Board set a public hearing date for December 14, 1999 for consideration of a proposed development order and ordinance for a Development of Regional Impact and PUD rezoning for Petitions DRI-99-1 and PUD- 99-23. SEP 1 4 1999 PREPARED BY: SUSAN MURRAY, AICP DATE " CHI/~ANNER RO~NALD F. Nl~(~,vx/cI-~P DATE CURRENT PLANNING MANAGER ERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMLrNITY DEV. AND ENVIRONMENTAL SVCS. Tentatively scheduled for the September 14, 1999 Board of County Commissioner's meeting. SEP i 4 1999 17 EXECUTIVE SUMMARY APPROVED TOURIST DEVELOPMENT COUNCIL FUNDING FOR NAPLES COMMUNITY SAILING CENTER REGATTA $6,000; GULF COAST RUNNERS 20K RACE $3,400; COLLIER COUNTY AIRPORT AUTHORITY ADVERTISING AND PROMOTION EXPENSES FOR FY99-00 $77,854.70. OBJECTIVE: To approve TDC funding for the following items: Naples Community Sailing Center Regatta $6,000; Gulf Coast Runners 20K Race $3,400; Collier County Airport Authority Advertising and Promotion Expenses for FY99-00. CONSIDERATION: On April 19, 1999, the Tourist Development Council reviewed applications for Category B Special Events and Advertising projects funding. Total available for projects in this category at the time of the meeting was $180,00. The following proposals were recommended for funding. Naples Community Sailing Center requesied $6,000 to promote a Sailing Regatta scheduled for November 13-14, 1999. The TDC recommended funding the full amount requested by a unanimous vote. Gulf Coast Runners requested $3,400 to promote the Naples-on-the-Run 20K Race scheduled for September 24, 2000. The TDC recommended funding the full amount requested by a vote 8-1. Collier County Airport Authority requested $77,854.70 to pay advertising and promotion expenses for FY99-00, with a contract date beginning 10/1/99. The TDC recommended funding the full amount requested by a unanimous vote. FISCAL IMPACT: A budget amendment in the amount of $9,400 will be required to allocate funds to the Naples Community Sailing Center and Gulf Coast Runners projects. Funds are available from the Tourist Development Tax Fund (193) Reserves. The Collier County Airport Authority Advertising/Promotion Funding is reflected in the FY00 Tentative Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the above referenced applications for TDC funding. PREPARED BY: DATE: Jane E. Eichhorn, TDC Coordinator REVIEWBY: __-- .~.~., ,~~~J~ DATE: ~--7~ Greg Mil~lic~HLlI Director Vince Cautero, Community Dev & Env. Services Administrator 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES COMMUNITY SAILING CENTER, INC., REGARDING SAILING REGATTA THIS AGREEMENT, is made and entered into this ~ day of ,1999, by and between Naples Community Sailing Center, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter. referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and V(HEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a sailing regatta scheduled for November 13- 14, 1999; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budgef'attached as Exhibit "A," the GRANTEE shall provide a sailing regatta.. The date(s) of the event may not be changed without an amendment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agreement shall be Six Thousand Dollars ($6,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the I AGENDA invoice are completed or that goods have been received. / No. /(4'/t'5 / GRANTEE shall determine that the goods and services have been properly p~vided, and ' ISzP 1~1999 shall submit invoices to the County Administrator or his designee. The County Adm nistr~or or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authohzation of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of' goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Invoices submitted for expenditures after August 1, 1999 shall be eligible for payment under this Agreement. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayfl~ent of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. In addition, the following items are ineligible expenditures: 1 ) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not speci- fied in grant application. 3)Capital improvement, including but not limited to new construction, renovation, res- toration and installation or replacement of fixtures. AC_~A ~X~a SEP 1 1999 2 PS. ~' 4) Purchase of tangible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. 5) Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6) Prize money, scholarships, awards, plaques,, or certificates. 7) Travel not directly associated with the project. 8) Projects which are restricted to private or exclusive participation except for invita- tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 10) Making payments for goods or services purchased for previous or other events. 11) Events which are exclusively local in nature such as a parade. 4. .INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS' GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the precedin 30 dil~'rr~ the duties performed, and the services provided and goods delivered during 3 SEP 1 1999 GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joe Bonness III, President Naples Community Sailing Center Naples Landing P. O. Box 1251 Naples, Florida 34106 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator I AaF.~A FPr- Second Floor, Administration Building ~. _/~(,4')/~' 3301 Tamiami Trail East ] S~? ] ~ 1999 Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO pARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the. COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION QF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written c 5nserltot,/q~qlr~ COUNTY. N~'~7 SEP { 1999 Pi- 14. TERM: This Agreement shall become effective on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event]. 16. AVAILABILITY QFFLrND$: This Agreement is subject to budget and collection of tourist development tax funds. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. )./7_ 6 SEP 14 1999 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman W 1 TN E S S E S: GRANTEE NAPLES COMMUNITY SAILING CENTER, INC. /"/ /;; f'rintcd,q-yped Name Phntedff~ed Name Phntedff~ed Title (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashton ,, A~A ITEM Assistant County Attorney h:hg\hfa\99tdcx99 Naples Community Sailing Center 7 SEP 1 q 1999 EXHIBIT A Naples Community Sailing Center Naples Landi,' P.O. Box 1: Naples, FL 34106-1251 941.430.7171 Board Officers President Joe Bor~eee ' 1999 Vice-President john s. Moore TDC Funding Request Secretary William Meisrmr $ 3,000 National advertising in O£T/,cws - paid ad in November, October issues; fi'¢¢ ad in September issue Same months full-page Treasurer ads in £ascr Sci~or. Stephen J. Cruise 1,000 ?tinting, postage, labels for mailers to Florida, Georgia and Alabama; package will include lodging information and other destination Board Members information for the family members who are not sailing. The Laser sailors wanted information on entertainment for singles ,Toe aomess' under 30. Gulf Coast ,Sailing Club 2,000 Guest speaker honorarium, travel, per diem Philip M. Francoeur, ,Tr. Naples Yacht Club Last year's speaker was Gary Jobson, a nationally known sailor, David M. Lykins racer, writer end television commentator. He spoke in the city of hk~ples afternoon with the children at the race site end in thc evening at the ,Tohn $. moore Naples Sailing & Yacht Club. Both events were fi'¢¢ and open to the public. David C. Nlordhoff ~3ple~ Sailing & Yacht Club $6,000 Total TDC request Ch~rle~ S. 5humwW a non-profit 5Ol(cX3) × AGENDA iTEM SEP 1 ~ 1999 pg.. ! 999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GULF COAST RUNNERS CLUB, INC. REGARDING NAPLES ON THE RUN 20K RACE SCHEDULED IN SEPTEMBER 2000 THIS AGREEMENT, is made and entered into this ~ day of ,1999, by and between the Gulf Coast Runners Club, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for The Naples on the Run 20K race scheduled for September 24, 2000; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of The Naples on the Run 20K race. The date(s) of the event or activity and the key participants may not be changed without an amend- ment to this Agreement as provided in Section 18. 2. PAYMENT: The amount to be paid under this Agreement shall be Three Thousand Four Hundred Dollars ($3,400.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and adve~,~t~'r~ expenses as described in Section 1 upon submittal of an invoice and upon verifica on t~°'~ services described in the invoice are completed or that goods have been received. SEP 1 t~ GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 *days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liabil~ity Insurance for no less than the following amounts: - AC.,~OA IW.~ BODILY INJURY LIABILITY $300,000 each claim per person ~}o._?/47)//~ 2 SEP 1 q 1999 // PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR ,DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall t/old harmless and defend COLrNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this A reem~,~/r {~1~/ GRANTEE's limit of, or lack of, sufficient insurance protection. 3 SEP 1 1999 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Perry Silverman, Race Director Gulf Coast Runners Club, Inc. P. O. Box 8636 Naples, Florida 34101 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditcres incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain ompiru~qTE~ accurate accounting records and keep tourism funds in a separate checking account Al~~/5 4 SEP 1999 related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of' GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. AVAILABILITY OF FUNDS: This Agreement is subject to budget and collection of sufficient tourist development.tax funds. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. AGENDA ITE~ SEP 1 q 1999 5 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: PAMELA S. MAC' KIE, Chairwoman WITNESSES: GRANTEE GULF COAST RUNNERS CLUB, INC. Print[d/Typed Name ' Printed/Typed Name Printed/Typed Title (corporate seal) Approved as to form and legal/sufficiencv /'~t Heidi F. Ashton AC_,r~OA rr~ ~ y~"ome- ~. /~l~ ~ /7 Assist~t Coun~ h:hg',hfaX99TDC/2000 GULFCOAST R~ERS CLUB, INC. SEP I ~ 1~ 6 EXHIBIT "A" THE GULF COAST RUNNERS CLUB, INC. FOR SEPTEMBER 2000 BUDGET Marketing Plan South Florida Running Fomm-3Ads $1,200.00 Race Place Magazine-2 Ads 800.00 Florida Running-2 Ads 1,000.00 Florida Sports- 1 Ad 400.00 TOTAL $3,400.00 AGE:I~A ITEM SEP lq 1999 Pg. 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY AIRPORT AUTHORITY REGARDING ADVERTISING AND PROMOTION THIS AGREEMENT, is made and entered into this __ day of ,1999, by and between Collier County Airport Authority, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." W~EREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of Collier County nationally and internationally; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED LrPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget atlached as Exhibit "A," the GRANTEE shall provide advertising and promotion of Collier County. 2. PAYMENT: The amount to be paid under this Agreement shall be Seventy-seven Thousand Eight Hundred Fifty-four Dollars ($77,854.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification fl]at the serx4ces described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly prc 7~ded~tnl~,, ·. /4'4) 17 shall submit invoices to the County Administrator or his designee. The County Admi: ~strator his designee shall determine that the invoice payments are authorized and the goods ,r n. /? covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all ' subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELICalBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible exOenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit ~i Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300.000 each claim per person ' A~A PERSONAL INJURY LIABILITY $300,000 each claim per person No./Z:,f-~) /7 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory SEP 1 q 1999 2 The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COLrNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEiE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limitcd in any way by the ag-reed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing _ and deemed duly served if mailed by registered or certified mail to the GRA ~lTE~a~,,~,h,~ folloxving address: SEP 1 ti 1999 3 ./¢' _ Jo-Anne Learner, C.P.A., Finance Manager Collier County Airport Authority 2003 Mainsail Drive Naples, Florida 34114 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred '~'""'~d,g'lOAl~ term of this Agreement. ~ ./,~/'/)/7 SiP 1 ~ 1999 4 Pg. ,,~0 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY~. 14. .TI~RM: This Agreement shall become effective on October 1, 1999 and shall terminate on September 30, 2000. The GRANTEE shall request an extension of this term in writing at least th/try (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAJLABILITY OF FUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual ageement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: PAMELA S. MAC' KIE, Chairwoman WITNESSES' GRANTEE COLLIER COUNTY AIRPORT AUTHORITY (1). Pnnted/Typed Name ~ ~ (2). John H. Drury, A.A.E. Printed/Typed Name PrintedFryped Name Executive Director Prinled/Typed Title (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney 1~7/~~ )/~' h:hg,,TtI~99tdc,' 1900 Collier ('ounty Airpom Authority SE? 1 q 1999 EXHIBIT A RL~R_KETLNG PROGRAM BUDGET AOPA Pilot magzz~e - 5 advcrfis,'menm 32,718.70 Southern Aviator ma~e - 5 advenisemen:s 2.5~3.00 Sun-n-Fun ~ewspaper - 7 advenisemen~ 595.00 AOPA DL-ectoD' - ~u~ dkectc~' 1,715.00 AC-U-K~TK - a~u~ d~¢cm~ 2,3 ~ 0.00 CrzaSv: film and cop)~vMng 2,520.00 Th-fold m~ers - prLn: cost for g0.000 qumntib' 8,925.00 Creative 4,I30.00 Cop>~tmg 1,470.00 FiLm ~qd matchp~n~ 1,638.00 M~img - lab:iLng, soaing, czaificafio~ b~ coding 2,100.00 M~l:ng Iis~ 210.00 Phom~phy 2, I 70.00 Trade showy boa~ 1,750.00 O:,-ho!d FrOgrZm 280 O0 Ad "~o~-n-- mnh'sis (monitoring & rz=on'.n~) 630.00 ) /7 EXECUTIVE SUMMARY TO APPROVE A RESOLUTION EXPANDING THE PHYSICAL BOUNDARY OF THE IMMOKALEE ENTERPRISE ZONE PURSUANT TO THE FLORIDA EMPOWERMENT ZONE ACT. OBJECTIVE: Approve a Resolution that supports the expansion of the Immokalee Enterprise Zone boundary. CONSIDERATIONS: On 3/28/95, the Board enacted Ordinance #95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. Immokalee, specifically portions of census tracts 112.03, 113, and 114 (ten square miles), was then designated as such by the State effective 1/1/97. In January, 1999, the entire Immokalee Community was part of a region designated as a Federal Rural Enterprise Community under the USDA Empowerment Zone/Enterprise Community Initiative. During the 1999 Legislative session, the State enacted a companion program, the Florida Empowerment Zone Act, which allows state enterprise zone designations to correspond with the boundaries of federal Enterprise Communities. The recent State legislation, along with local governmental support, now allows for the entirety of census tracts 112.03, 113, and 114 to be included in the Immokalee Enterprise Zone. This will allow more Immokalee businesses, as well as new companies moving into the area, to take advantage of the various tax incentives available through this program. The Resolution was recommended for approval by the Immokalee Enterprise Zone Development Agency. FISCAL IMPACT: none GROWTH MANAGEMENT IMPACT: none RECOMMENDATIONS: To support the.~expansion of the Immokalee Enterprise Zone boundary and authorize~ the C~airwomary't~b sign the attached Resolution. PREPARED BY: Helene Caseltine, ' Date Economic Development Mgr. REVIEWED BY: ~ ~t-'~'~~-~~ (~"~'" ?"'~" ~'/~' - Greg frei'C, I~rector Date Housing.a~)d Urban Improvement AGEN IT APPROVED BY: ,~-$o-~ ~ Vincent A. Cautero, AICP, Administrator D, ~te Community Dev. & Environmental Services SEP 1 ~ 1999 1 RESOLUTION 99- 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA; EXPANDING THE PHYSICAL BOUNDARY OF 5 THE IMMOKALEE ENTERPRISE ZONE PURSUANT TO THE FLORIDA 6 EMPOWERMENT ZONE ACT. 7 8 WHEREAS, the State of Florida has enacted the Florida Enterprise Zone 9 Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both 10 State and local government to induce private investment into distressed areas to 11 create economic opportunities and sustainable economic development; and 12 WHEREAS, the area included in Tracts 112.03, 113, and 114 of the 1990 13 Census, published by the U.S. Bureau of the Census, hereafter known as the 14 Immokalee Community, is a distressed area which exhibits unacceptable levels 15 of poverty, unemployment, physical deterioration, and economic disinvestment; 16 and 17 WHEREAS, the Board of County Commission adopted Resolution #95- 18 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise 19 Zone pursuant to the Florida Enterprise Zone Act; and 20 WHEREAS, the State of Florida designated a portion of the Immokalee 21 Community as a State Enterprise Zone effective January 1, 1997; and 22 WHEREAS, the Immokalee Community as part of a cooperative 23 application with Hendry County and the Seminole Indian Tribe of Florida, was 24 designated a Federal Rural Enterprise Community under the Empowerment 25 Zone/Enterprise Community Initiative by the U.S. Department of Agriculture in 26 January 1999; and 27 WHEREAS, the State enacted a companion program to the Federal 28 Empowerment Zone/Enterprise Community Initiative entitled the Flodda 29 Empowerment Zone Act, under Chapter 99-342, Laws of Florida, which allows 30 State enterprise zone designations to correspond with the boundaries of federal 31 Enterprise Communities; and 32 WHEREAS, the entirety of Tracts 112.03, 113, and 114 are included in 33 the Rural Enterprise Community designation. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: AG~' A 36 No ~1~ 37 The Immokalee Enterprise Zone boundary is revised to include all of 38 Census Tracts 112.03, 113 and 114, as shown in Attachment A. S E P ! 1999 39 _..__P_~ -- IMMOKALEE ENTERPRISE ZONE AND CENSUS TRACTS Collier County, Florido R 28 E R 29 E R 30 E -Z-J-- .......... c.R. 8~6 W. MAIN LEGEND BOUNDARY BOUNDARY NUMBER SCALE 28 E 29 E ~ R ' I This Resolution adopted after motion, second and majority vote favoring 2 same. 3 4 DATED: 5 6 7 A'I-I'EST: 8 9 COLLIER COUNTY BOARD OF ' 10 DWIGHT E. BROCK COUNTY COMMISSIONERS 11 12 13 14 By: 15 Clerk Pamela S. Mac'Kie, Chairwoman 16 17 18 19 Date: 20 21 22 23 24 APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY: 26 28 . "~' ,/ 29 ; , '~ '~ 30 Heidi F:/~,sf~ton' ~ 31 Assistant County Attorney SEP I 4 1999 Pg. ~) EXECUTIVE SUMMARY TO APPROVE A RESOLUTION ENDORSING HARVEST FOR HUMANITY, INC. AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. OBJECTIVE: Approve a Resolution that endorses Harvest for Humanity, Inc. as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. CONSIDERATIONS: On 3/28/95, the Board enacted Ordinance #95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. Immokalee was then designated as such by the State effective 1/1/97. The State also authorized the Community Contribution Tax Credit Program as part of this program whereby a Florida corporation can receive a tax credit equal to 50% of the value of a contribution to a State approved community development project located within the Enterprise Zone. Harvest for Humanity, Inc., a 501[c][3] non-profit organization incorporated in the State of Florida, is the sponsoring organization applying for approval of the Harvest for Humanity project as a State approved community development project. The project, which is consistent with the overall intent of the Immoaklee Area Master Plan, includes a co-op blueberry farm, a housing community geared towards lower middle class workers, and a "U-Pick" tourism component. The Resolution was recommended for approval by the Immokalee Enterprise Zone Development Agency. FISCAL IMPACT: none GROVVTH MANAGEMENT IMPACT: none RECOMMENDATIONS: To endorse Harvest for Humanity, Inc. as a sponsoring agency under the Community Contribution Tax,~Credit Program and authorize the Chairwoman to sign the attached Resolution. Helene Caseltine, "Date Economic Development Mgr. ~ Gr~g ~i~Director Date H~~' Urban Improvement APPROVED BY~[~' '-~' ~C~tA. Cautero, AICP, Administrator Date Community Dev. & Environmental Se~ices N~~~ SEP 1 RESOLUTION 99- 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA; ENDORSING HARVEST FOR HUMANITY, INC. 5 AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE 6 COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. 7 8 WHEREAS, the State of Flodda has enacted the Florida Enterprise Zone 9 Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both 10 State and local government to induce private investment into distressed areas to 11 create economic opportunities and sustainable economic development; and 12 WHEREAS, the Board of County Commission enacted Ordinance #95- 13 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise 14 Zone pursuant to the Florida Enterprise Zone Act; and 15 WHEREAS, the State of Florida designated the Immokalee area as a 16 State Enterprise Zone effective January 1, 1997; and 17 WHEREAS, the State encourages the participation of private corporations 18 in revitalization projects by granting either partial state corporate 19 income/franchise tax credits or insurance premium taxes to corporations that 20 contribute resources to public redevelopment organizations for the revitalization 21 of enterprise zones; and 22 WHEREAS, the State authorized the Community Contribution Tax Credit 23 Program, under Section 220.183, Florida Statutes, which allows any Florida 24 corporation to receive a tax credit of 50 percent of the value of the donation (not 25 to exceed $200,000 in any one year) against any corporate income/franchise tax 26 or insurance premium tax due for a taxable year for contributions to a State 27 approved community development project located within the Enterprise Zone; 28 and 29 WHEREAS, Harvest for Humanity, Inc., a 501(c)(3) non-profit-erganization 30 incorporated in the state of Florida, is located within the Immokalee Enterprise 31 Zone and meets the criteria as a sponsoring organization under Section 32 220.03(1)(t), Florida Statutes; and 33 WHEREAS, the Harvest for Humanity project is consistent with the overall 34 intent of the Immokalee Area Master Plan, a separate element of the Collier 35 County Growth Management Plan; and 36 WHEREAS, Harvest for Humanity, Inc. is the sponsoring organization 37 applying for approval of the Harvest for Humanity Project as a State approved 38 Community Development Project. 39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SEP i 4 1999 40 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pg~.__ I The Harvest for Humanity Project, as described in Attachment A, is 2 consistent with the Collier County Growth Management Plan and the Immokalee 3 Area Master Plan. 4 5 This Resolution adopted after motion, second and majority vote favoring 6 same. 7 " 8 DATED: 9 10 11 ATTEST: 12 13 COLLIER COUNTY BOARD OF 14 DWIGHT E. BROCK COUNTY COMMISSIONERS 15 16 17 18 By: 19 Clerk Pamela S. Mac'Kie, Chairwoman 20 21 22 Date: 23 24 25 26 27 APPROVED AS TO FORM AND 28 LEGAL SUFFICIENCY: 29 30 32 ~,_ ~ ,. .' ~ ~ 33 Heidi F. Ashton 34 Assistant County Attorney SEP 1 4 1999 EXECUTIVE SUMMARY TO APPROVE A RESOLUTION SUPPORTING ARTHREX, INC. AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $6,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2000 THROUGH 2003, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve a resolution supporting Arthrex, Inc. under the State of Florida Qualified Target Industry Tax Refund Program and their application for state tax relief of $30,000 of which 20% would be a local match. CONSIDERATION: Arthrex, Inc. is a local medical technology company incorporated since 1984 and presently employs 73 local residents. The company is planning to expand its current operations and will hire an additional 10 new employees with an average wage at least 115% of the average wage for Collier County. Without the financial incentive and local participation in the Qualified Target Industry Tax Refund Program, the company will not be able to expand its workforce in Collier County and may make the decision to locate elsewhere. FISCAL IMPACT: Staff proposes to encumber $6,000 which is available from the FY 2000 Economic Diversification Program funds, which are likely to be paid in the following increments: FY 2000:$1,500 FY 2002:$1,500 FY2001:$1,500 FY2003:$1,500 These funds will be included in the total dollar amount refunded annually by the State from whichever state tax collection the company designates, i.e. state sales taxes, corporate income taxes, etc. Staff estimates the local economic impact to be approximately $7 million over a five-year period. GROWTH MANAGEMENT IMPACT: Although Collier County does not have an Economic Development Element in its Growth Management Plan, Arthrex, Inc., a high wage and high tech industry employer, will help to achieve the goals of the Economic Diversification Program approved by the Board January 1997. RECOMMENDATION: Support Arthrex, Inc. under the Qualified Targeted Industry Program thus encumbering $6,000 to leverage the State's contribution, authorize the Chairwoman to sign the attached resolution, and authorize t]he r~ated budget/fi~'nendmen, t as required. SUBMITTED BY: _%:( . _ DATE:~ St ¢~ t ' Helene Caseltine / Economic Development Manager REVIEWED BY: .~'~"~./~/ ~"~--"' DATE: ' ,r~reg Mihalic, Director Hous~fig and Urban Improvement / ~PROVED BY: ' DATE: Vincent A. Cautero, ~CP, Adminis~ator Community Development and Environmental Se~ices A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA; SUPPORTING ARTHREX, INC. AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $6,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2000 THROUGH 2003, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a manufacturer of arthroscopic medical devices, specifically, Arthrex, Inc.; and WHEREAS, Arthrex, Inc. is located in Collier County, Florida; and WHEREAS, Arthrex, Inc. was incorporated in 1984 with its corporate headquarters in Collier County, Florida; and Arthrex, Inc. is a medical technology industry targeted by the State of Florida and Collier County for new high-wage job creation; and Arthrex, Inc. manufactures arthroscopic medical devices for orthopaedic surgeons domestically and internationally, with 93% of its sales going outside the state of Florida; and WHEREAS, Arthrex, Inc. presently employs 73 employees locally; and WHEREAS, Arthrex, Inc. will create 10 additional full-time equivalent new jobs in Collier County; and the average wage for the additional jobs will total 115% of the area's average wage; and WHEREAS, Collier County will support the State of Florida Qualified Target Industry Tax Refund Program with a 20% local match of tax refund dollars. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby recommends Arthrex, Inc. be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes, and BE IT FURTHER RESOLVED that the necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program exists in the amount of up to $6,000; that this amount will be encumbered and be available for payment from the FY 2000 Economic Diversity Program Funds for payment in the following increments: FY 2000 - $1,500; FY 2001- $1,500; FY 2002-$1,500', FY 2003-$1,500; and will be paid to the FIo SEP 1 1999 Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by s.288.106, Florida Statutes. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: COLLIER COUNTY BOARD OF DWIGHT E. BROCK COUNTY COMMISSIONERS By: Pamela S. Mac'Kie, Chairwoman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: H~idi F. Ashton Assistant County Attorney hc/glqtiresolution/arthrex SEP 1 4 1999 EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ANDREE R. VOLCIMUS AT 1090 LAKE TRAFFORD ROAD, IMMOKALEE, COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement 'for 100% Waiver of Collier County Impact Fees authorizing thc payment of impact fees and appropriating the funds for waiver of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Andrec R. Volcimus with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Andree R. Volcimus has submitted an application for a 100% waiver of impact fees for one house to be built by Andrcc R. Volcimus at 1090 Lake Trafford Road, Immokalec, in Collier County, as a very low income, first time home buyer and qualifies for an impact fcc waiver under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for $57,000.00. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $4,290.34. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks Impact 820.84 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Correctional Facilities Impact Fee 117.98 Total Impact Fees to be Waived $4,290.34 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a very low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement a tl~,~~rr~ waiver of impact fees for a home to be built at 1090 Lake Trafford Road, Immok~ :e, i~ollier//d_~h.~ SEP lq 1999 Executive Summary Volcimus Impact Fee Waiver Page Two County, by Andree R. Volcimus, a very low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: ~--J ~f----'~ 2 Date f,,,J~anne_ .. Dalbey, Planner II ,)/ Housing and Urban Improvement Reviewed by: ~ ,~~.,~~' Date ~¢~ G'~eg Mihfic, D~rectc~r Housing &nd Urban Improvement Ap~proved by: V~/~~, ~ Date V'IlNCENT ~. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/impactfeefiles AGENDA SEP 1 1999 Pg. ~,~ JUL 19 99 9:18 FROM USDA c ~ CTR/FT MYERS PAGE 001 USDA "- r' RURAL DEYELO~EXT Untted m~tes 3434 iIA~COCT, i~RI.I~E P~K~AY, SUI~ 209-A ~~ ROR~ ~RT ~g. ~REDA 33903-7705 ~~ ~: 941-997-7331 F~; 941-997-7557 Rural ~o~ July 19, ~999 Collier County Housing and Urban Improvement 3301T*=~ami Trail East Naples. FL 34103 Dear 3oanne: In reference to the Impact Waiver for A~ree Volci~us the followtn§ statemen~ is given: In order to Eive the borrowers a mortgage loans we will require =hat the 0ollier County subordinate their loan as second to Rural Developmentt$ first lleu position. Sincerely, BONNIE M. ~DRIC Community Developmen~ Manager Pg. ,~ AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Andree R. Volcimus, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and AC.~=.NDA ITEM 1 SEP 1 1999 WHEREAS, the COUNTY approve' a waiver of impact fees for OWNER embodied in Resolution No. 99-__ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRiPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement .shall be made junior, inferior and subordinate to that certain mortgage loan from USDA Rural Housing Service to OWNER in the amount of $71,000.00. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occ]]nancv or [ '~A ~TE.~ upon payment of the waived impact fees, and upon payment of the deferred irn~~ 1999 fees, the COUNTY shall, at the expense of the CC UNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days afl. er execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. AGENDA ITEM 4 SEE) 1 q 1999 PS. ~' Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Wi~tnesses: /,-) ~ OWNER: Crint, Name ,~T'*o..G .1 P r)' tzr}~..'~' A~ndree R. Volcimus ~" ; COUNTY OF 'O-c~ l [ I O_.-~:" ) The foregoing instrument was acknowledged before me this ¢'4~ day of ISI-4.~ot_th~- , 1999, by Andree R. Volcimus. She is personally known to me or ~.VI. la~z~., !; ~,, (type of identification) as identification. "-' [NOTARIAL SEAL] Sig~re ofPersoh akifig- Ackn/o 4 edgrnent g yolky ~(-"' t~ '%'~ Notary Public State of Florid~ ,, $ ~.,~. Cornrn~ton No. CC 565208 5 >}3 ..... ~----"~'" My Commission Exp. 8113/20{ ) ~,~ ~ Through I:1~ Notary $~.rv~ & Bonding Co, ~, DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency He~li¥..~-s'htc~n Assistant County Attorney jd/c/impfee/volcimus &GENDA ITF. J~ ~":? 1 ~ 1999 EXHIBIT 'A' LEGAL DISCRIPTION ANDREE R. VOLCIMUS LOT 10, BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ?eCe~Lve~: 8/ 3*/99; 0~/18/1995 23:39 813§43239~ ~CI~ LAND S LOT I0, BLOCK 4, ~EW~K r BOOK FLOR I I RES_QLUTION NO. 99- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER 4 COLrNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL 5 FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES. PARKS AND 6 RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES. 7 EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL 8 FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE 9 CONSTRUCTED BY ANDREE R. VOLCIMUS AT 1090 LAKE TRAFFORD 10 ROAD, IMMOKALEE, COLLIER COUNTY, FLORIDA. 11 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and 12 affordable housing for moderate, low, and very-low income households in the County and the need 13 for creative and innovative programs to assist in the provision of such housing by including several 14 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; 15 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 16 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the 17 Housing Element; and 18 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 19 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 20 Administrative Code; and "-'" 21 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is 22 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers 23 of Collier County impact fees; and 24 WI-IEREAS, Andree R. Volcimus is seeking a waiver of impact fees; and 25 WltEREAS, Andree R. Volcimus will construct a three (3) bedroom unit (the "Dwelling 26 Unit") at 1090 Lake Trafford Road in Immokalee, Collier County, Florida; which is proposed to sell 27 for Fifty Seven Thousand Dollars ($57,000.00), and 28 VOtEREAS, the Dwelling Unit will be owned by a very Iow income household, and 29 WHEREAS, Andree R. Volcimus submitted to the office of the Housing and Urban 30 Improvement Department an Affordable Housing Application dated April 20, -1999 for a waiver of 3t impact fees for the construction ora house at 1090 Lake Trafford Road, Immokalee, Collier County, 32 Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and 33 WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee 34 Ordinance, Ordinance No. 99-52; Section ~.04 of the Library System Impact Fee Ordinance, 35 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee 36 Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 37 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, 38 Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee 39 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a wa: ~er 40 qualifying for a waiver; and SEP 1 1999 1 WHEREAS, Andree R. Volcimus has qualified for an impact fee waiver based upon t 2 following representations made by Andree R. Volcimus: 3 A. The Dwelling Unit shall be owned by a first-time home buyer. 4 B. The Dwelling Unit shall be owned by a household with a very low income level as 5 that term is defined in the Appendices to the respective Impact Fee Ordinances and the 6 monthly payment to purchase the unit must be within the affordable housing 7 guidelines established in the Appendices to the respective Impact Fee Ordinances. 8 C. The Dwelling Unit shall be the Homestead of the owner. 9 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the 10 certificate of occupancy is issued. 11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 12 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 13 1. The Board of County Commissioners hereby authorizes the County Administrator to 14 issue an Authorization for waiver of impact fees to Andree R. Volcimus for one (I) 15 house which shall be constructed at 1090 Lake Trafford Road, Immookalee, Collier 16 County, Florida. 17 2. Upon receipt by the Housing and Urban Improvement Director of an agreement 18 waiver signed by Andree R. Volcimus, or other documentation acceptable to the 19 County Attorney, the Board of County Commissioners hereby authorizes the payment 20 by Collier County of the following impact fees from the Affordable Housing Trust 21 Fund, Fund (191), in the following amounts for the one (1) house to be built at 1090 22 Lake Trafford Road, Immokalee, Collier County, Florida by Andree R. Volcimus: 23 24 A. Library Impact Fee $ 180.52 25 B. Road Impact Fee 1,379.00 26 C. Parks Impact Fee: 820.84 27 D. EMS Impact Fee 14.00 28 E. Educational Facilities System 29 Impact Fee 1,778.00 30 31 F. Correctional Facilities Impace Fee 117.98 32; 33 Total Impact Fees $ 4,290.34 34 3. The payment of impact fees by Collier County is subject to the execution and 35 recordation of an Affordable Housing Agreement for payment of Collier Coun*' 36 Impact Fees between the property owner and/or purchaser and t I~ Courjl[~:.l~eNOA IlEb, SEP I 1999 I 4. Based upon sufficiem evidence provided by Owner. Owner ha: demonstrated thai a 2 subordination of the County's rights, interests and lien to that certain mortgage loan 3 from U.S.D.A. Rural Housing Se~ice to Owner in the amount of $71,000.00 is 4 necessau to obtain fin~cing to p~chase the Dwelling Unit, 5 6 This Resolution adopted after motion, second ~d majority vote favoring sine. 7 8 9 DATED: 10 11 ATTEST: BO~ OF CO~TY COMMISSIONERS 12 D~GHT E. BROCK, Clerk COLLIER CO~Y, FLO~DA 13 14 15 By: 16 P~ELA S. MAC'~E, CHAIRWOMAN 17 18 19 20 Approved ~ to fo~ ~d 21 legal sufficiency: 22 25 ~eidl~shton ' - - 26 Assist~t County Attorney 27 28 29 30 j~c/impf~Cvolcimus 31 32 33 34 35 36 ~7 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 A~A I~ 54 56 SEP 1999 ...,/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 EXHIBIT "A" 15 16 17 18 LEGAL DESCRIPTION 19 20 ANDREE R. VOLCIMUS RESIDENCE 21 22 23 24 LOT 10, BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED 25 IN PLAT BOOK 8. PAGE 4~ OF THE PUBLIC RECORDS OF 26 COLLIER COUNTY, FLOR/DA. 27 AOE/~A, - 4 - p~.~ ~/1B/1995 23:39 6135432398 LOT ~uMvI ~7. ~ ~. Z~ tS $ VACANT **'¢ LOT ~ SEP 1 ~ 1999 ':. ~- ~'!'?-~ . . .:/:~.: il..-'. · .. JUL 19 '~$ 9:18 FROM USDR SVC CTR/FT MYERS PAGE.001 USDA ~~M NO~ ~T ~, ~RXDA 33903-7705 A~ ~: 9~1~97-7331 F~; 9~1-997-75~7 Rural ~ July 19, 1999 Collier County Housing end Urban Improvement 3301 Tam/ami Trail East Naples, FL 34103 Dear Joanne: In reference to the Impact Waiver for A~ree Volcimu~ the followin§ statement is §iven: In orde: to give the borrowers a morcsa$e loau, we will require the Collier County subordlneCs their loan ae second to Rural Development'b first lieu position. Sincerely, Community Developmen~ ~anager B~A/cjb EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ALIEDO DORVILUS AND VELINA DORVILUS AT 5031 17TM PLACE, S. W., GOLDEN GATE CITY, COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 100% Waiver of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for waiver of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Aliedo Dorvilus and Velina Dorvilus, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Aliedo Dorvilus and Velina Dorvilus have submitted an application for a 100% waiver of impact fees for one house to be built by Aliedo Dorvilus and Velina Dorvilus at 5031 17th Place, S. W., Golden Gate City in Collier County, as a very low income, first time home buyer and qualify for an impact fee waiver under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for $91,250.00. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $4,290.34. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks Impact 820.84 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Correctional Facilities Impact Fee 117.98 Total Impact Fees to be Waived $4,290.34 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a very low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: .,_,. The Board of County Commissioners accept the Resolution and Agreement authorizing the waiver of impact fees for a home to be built at 5031 17th Place, S. W., Golden G ~te C. il-v in Collier County, by Aliedo Dorvilus and Velina Dorvilus, a very Iow income family, an for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program rev ;nuel'l~4_.sf SE? 1999 / Executive Summary Dorvilus Impact Fee Waiver Page Two Prepared by: ,f ~? ~ ~ ~ ~ ' ,~' ~T ['~'~,, ). . Date /'~e Dalbey, Planner n ~ousing and Urban Improvement Reviewed by: / : / ":' ~ ,' ~?C, V' : /,;'..,- Dat . : ' (~reg Mi~a~c, Director Housing and Urban Improvement Approved by: ...~, ,,-/ Vt'Iq'CENT A. CAUTERO, AICP, ADMINISTRATOR ' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/impactfeefiles AGENDA ITE]vl AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ .. day of ., 1999 by and between the Board of County Commissioners of Collier County, Fiorida, hereinafter referred to as "COUNTY" and Aliedo Dorvilus and Velina Dorvilus, hereinafter referred to as "OWNER." WITNESSETH: V,~qqEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee: Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fcc Ordinance; Collier Count)' Ordinance No. 99-39, the Collier Count), Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier Count)' Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fec Ordinance; as they may' be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new' owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and V~'r-IEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and SEP 1 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-__ at its regular meeting of , 1999: and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; SEP 1 1999 2 Pg. ~ d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilizcd for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S fights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 8.RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements' and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the de =,-,-,,a i,~nact ..... AGEI~)A i~ SEP I 1999 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit,.the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. SEP i 1999 4 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY _by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutoD' rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/'T)eferral of Impact Fees on the date and year first above written. Witnesses: OWNER: Print Name~"~"X~ff. ~"~CK 'X~x"NX\%,,.Pch~ Aliedo Dorvilus - Print Name -~"~x'-~ ~9~ STATE OF ~ ~ ) : CO~TY OF Q~ XK'* ~ ) The foregoing instrument was ac~owledged before me this ~ ~ day of ~ , 1999, by Aliedo Do~ilus. He is ~onally kn~n IQ me or produced O (type of identification) as identification. [NOT--AL SEmi Signature of Person Taking Ac~vledgment SEP 1999 Witnesses: OWNER: Print Name- -~) ~ ~ r,o,~ ~ STATE OF "~...0...~ ) COUNTY OF C'_,.,_¢._~ k..,--~ ) The foregoing instrument was acknowledged before me this '~ ~ dayof ~ , 1999, by Velina Dor~,ilus. She is personally known to me or produced ~ (type of identification) as identification. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency IJ~-3i ~.. Ish-ton Assistant County Attorney jdlcfimpfee/dorvilus AGF. NDA ITEM SEP 1999 6 EXHIBIT 'A' LEGAL DISCR/PTION ALIEDO DORVILUS AND VELINA DORVILUS LOT 22, BLOCK 144, UNIT 4, GOLDEN GATE CITY, AS RECORDED IN PLAT BOOK 5, PAGE 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGENDA ITE~ SEP 1 q 1999 , ~ ~ ... ..... --~ I .......... ~ ~ ~~. ~ ~ ~ 4 ~A I~ SEP 1~ 1999 ,, , The Sun,thine State ,, D614-000-59-086-0 N.JEDO , ~ ~ mcluimd bY ~ SEP 1~ 1999 ~._// ,.. The Sunshine State D614-860-59-800-0 YELINA DORVILU$ I~EE, FL ~2~ " · ~g F~ ~ ~ ~UEO EX~ D~TE ~27.~ ~02 SAFE DRNErl RESTRICTED Operation Ota motor ve~icle constitutes consenl to any soOr~efy resl required by law - AGENDA fl'EM SEP 1 q 1999 pg.. /,,~- _ 1 RESOLUTION NO. 99- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER 4 COUNTY. FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL 5 FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND 6 RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES. 7 EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL 8 FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE 9 CONSTRUCTED BY ALIEDO DORVILUS AND VELINA DORVILUS AT 5031 10 17TM PLACE S. W.. GOLDEN GATE CITY, COLLIER COUNTY, FLORIDA. 11 WHEREAS, Collier Count>, has recognized and attempted to address the lack of adequate and 12 affordable housing for moderate, lox,,, and very-low income households in the County and the need 13 for creative and innovative programs to assist in the provision of such housing by including several 14 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1' 15 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 16 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the 17 Housing Element; and 18 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 19 Partnership Program set forth in Section 420.907 et, seq., Florida Statutes and Chapter 91-37, Florida 20 Administrative Code; and 21 WHEREAS, in accordance with Collier County Ordinance No. 93-19. the Count,,' 22 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for ~aivers 23 of Collier County impact fees: and 24 V~AEREAS, Aliedo Do~'ilus and Velina Dorvilus are seeking a waiver of impact fees; and 25 WI-IEREAS, Aliedo Dorvilus and Velina Dorvilus will construct a three (3) bedroom unit 26 (the "Dwelling Unit") at 5031 17th Place S. W. in Golden Gate City, Collier County, Florida; which 27 is proposed to sell for Ninety-One Thousand Two Hundred Fifty Dollars ($91,250.00), and 28 WHEREAS, the Dwelling Unit will be owned by a ve~j low income household, and 29 WHEREAS, Aliedo Dorvitus and Velina Dorvilus submitted to the office of the Housing and 30 Urban Improvement Department an Affordable Housing Application dated July 2, 1999 for a ,xaiver 31 of impact fees for the construction of a house at 5031 17th Place S. W., Golden Gate City, Collier 32 County, Florida, a cop3' of said application is on file in the Housing and Urban Improvement 33 Department; and 34 'qqI:IEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee 35 ~ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, 36 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee 37 Ordinance, Ordinfi. nce No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 38 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinam 39 Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Fa, ~1z1,o ~:~.~. __ SEP 1 1999 I Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by 2 qualifying for a waiver; and 3 WHEREAS, Aliedo Dorvilus and Velina Dorvilus have qualified for an impact fee waiver 4 based upon the following representations made by Aliedo Dorvilus and Velina Dor¥ilus: 5 A. The Dwelling Unit shall be owned by a first-time home buyer. 6 B. The Dwelling Unit shall be owned by a household with aveD' low income level as 7 that term is defined in the Appendices to the respective Impact Fee Ordinances and the 8 monthly payment to purchase the unit must be within the affordable housing 9 guidelines established in the Appendices to the respective Impact Fee Ordinances. 10 C. The Dwelling Unit shall be the Homestead of the owner. 11 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the 12 certificate of occupancy is issued. 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 15 1. The Board o1' County' Commissioners hereby authorizes the County Administrator to 16 issue an Authorization for waiver of impact fees to Aliedo Dorvilus and Velina 17 Dorvilus for one (1) house which shall be constructed at 5031 17th Place S. W., 18 Golden Gate Ci~, Collier County, Florida. 19 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 20 waiver signed by Aliedo Dorvilus and Velina Dorvilus, or other documentation 21 acceptable to the County Attorney, the Board of County Commissioners hereby 22 authorizes the payment by Collier County of the following impact fees from the 23 Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) 24 house to be built at 5031 17th Place S. W., Golden Gate City, Collier County, Florida 25 by Aliedo Dorvilus and Velina Dorvilus: 26 27 A. Library Impact Fee $ 180.52 28 B. Road Impact Fee 1,379.00 29 C. Parks Impact Fee: 820.84 30 D. EMS Impact Fee 14.00 31 E. Educational Facilities System 32 Impact Fee 1,778.00 ,,-.--. 33 34 F. Correctional Facilities Impact Fee 117.98 35 36 Totallmpact Fees $ 4,290.3 I ACtA ITEM SEP 1 1999 -2- 1 3. The payment of impact fees by Collier County' is sul~iect to the execution an~ 2 recordation of an Affordable Housing Agreement for payment of Collier County 3 Impact Fees between the property owner and/or purchaser and the County. 4 4. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a 5 subordination of the County's rights, interests and lien to the first mortgage loan to 6 Owner is necessary to obtain financing to purchase the Dwelling Unit. 7 8 This Resolution adopted after motion, second and majority vote favoring same. 9 10 11 DATED: 12 13 ATTEST: BOARD OF COUNTY COMMISSIONERS 14 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 15 16 17 By:. 18 PAMELA S. MAC'KIE, CHAIRWOMAN 19 20 21 22 Approved as to form and 23 legal sufficiency: 25 27 FI'ei~i F. Ashton 28 Assistant County Attorney 29 3O 31 32 jc~c/impfees/do~'ilus 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 AGe, IDA ITEM 55 ' SE? I 1999 1 2 3 4 5 6 7 8 9 EXHIBIT "A" 10 11 12 13 LEGAL DESCRIPTION 14 l 5 ALIEDO DORVILUS AND VELINA DORVILUS RESIDENCE 16 17 18 19 LOT 22, BLOCK 144, UNIT 4, GOLDEN GATE CITY, AS 20 RECORDED IN PLAT BOOK 5, PAGE 115, OF THE 21 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGENDA ITEM SEP 1 4 1999 08/~,3t19~9 13:~I 941~'-~59895 ~ ~4~IGAN i-4~l~:S I p~ 62 AGENDA ITEM SEP 1 ~ 1999 Pg.. EXECUTIVE SUMMARY APPROVE TRANSFER OF THE MEDIAONE GROUP CABLE TELEVISION FRANCHISE TO AT&T CORPORATION. OBJECTIVE: Board approval of the transfer of control of the cable television franchise from MediaOne Group to AT&T. CONSIDERATIONS: MediaOne has met the minimum filing requirements of Ordinance 88-90 and the Communications Act of 1934, as amended, in filing its application for transfer of control of its cable television franchise to AT&T as a result of a merger in progress. Pursuant to Federal Law, the Board, acting in its capacity of franchising authority for the unincorporated area of the County, must act on the application within 120 days of submittal, or consent will be deemed granted. The 120 day period expires on November 10, 1999. As a result of the February 1, 1999 joint meeting between the Board and the Naples City Council, the County Administrator and City Manager gave written notice to MediaOne that before any transfer of the cable franchise would be favorably considered, the issue of a third government access channel would have to be resolved. A third government access channel for the County and City would insure that each entity's programming would be broadcast county-wide. With the filing of the transfer application, MediaOne wishes to resolve the third channel issue with both franchising authorities to insure that the transfer is approved in a timely fashion. By letter to staff, dated July 30, 1999, MediaOne proposes to activate and make available a third government access channel to the County on January 1,2001, so long as its minimum requirement of original, non-commercial, non-duplicative programming are met. Meanwhile, the County would continue the airing of City Council meetings and workshops on Channel 54. MediaOne has submitted a similar letter to the City of Naples with the same terms offered the County. City staff is scheduling its MediaOne transfer application and offer of the third access channel for the Council's consideration in September 1999. Once the third channels are provided the County and the City of Naples, an interlocal agreement would be in order to insure that the County's programming on Channel 54 is aired in the City and that the City's programming on the third channel is aired in the unincorporated area of the County. SEP 1 4 ]999 FISCAL IMPACT: A nonrefundable application fee of $1 b,000 accompanied the filing and was deposited in fund 111-013010 (Franchise Administration). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopt the proposed resolution approving the application for transfer of control of MediaOne's cable television franchise to AT&T. PREPARED BY: ~~~-~ Date: ~'° ~"~' ~ D. E. "Bleu" Wallace, Director Utility and Franchise Regulation Department APPROVED By: ~~-ffi. ~z~- Date: ,Y' -o'~_ ~ ? Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services Division SEP 1 4 1999 1 RESOLUTION NO. 99- 2 3 A RESOLUTION OF COLLIER COUNTY, FLORIDA, APPROVING 4 THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS 5 FRANCHISE FROM MediaOne Group, Inc., TO AT&T CORP. 6 7 WHEREAS, MediaOne Group, Inc., ("Franchisee") is as of the date of this 8 Resolution duly authorized by the Collier County Board of County 9 Commissioners (the "Franchise Authority") to operate and maintain a cable 10 communications system (the "System") within its franchised areas pursuant to a 11 franchise agreement (The "Franchise") granted by the Franchise Authority; and 12 13 WHEREAS, pursuant to an Agreement and Plan or Merger among AT&T Corp., .14 a newly formed subsidiary of AT&T ("Merger Sub"), and MediaOne Group, Inc., 15 the parent of Franchisee ("MediaOne"), dated May 6, 1999, (the "Merger 16 Agreement"), MediaOne will merge with and into Merger Sub and Merger Sub as 17 the surviving corporation in the merger, and as a result of the transactions (the 18 "Transactions") contemplated by the Merger Agreement, MediaOne will become a 19 wholly owned subsidiary of AT&T; and 20 21 WHEREAS, Franchisee will continue to hold the Franchise after consummation 22 of the Transactions; and 23 24 WHEREAS, FCC Form 394 with respect to the Transactions has been filed with 25 the Franchise Authority; and 26 27 WHEREAS, the parties have requested consent by the Franchise Authority to the 28 Transactions. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 31 COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: 32 33 Section 1. The Franchise Authority hereby consents to and approves the 3,~ Transactions to the extent that such consent is required by the terms of the 35 Franchise Agreement and applicable laws. 36 37 Section 2. This Resolution shall be deemed effective in accordance with 38 applicable laws. 39 4o This Resolution adopted this ~ day of ,1999, after 41 motion, second and majority vote favoring adoption. 42 43 ATTEST: 44 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, 45 COLLIER COUNTY, FLORIDA 46 47 By: 48 PAMELA S. MAC'KIE, Chairwoman 49 Approved as to form and 50 and legal sufficiency: 52 53 Thomas C. Palmer, 54 Assistant County Attorney AG SEP 1 4 1999 July 8, 1999 Mr. Robert Femandez County Administrator Collier County, Florida Bldg. F, Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Application for Change of Control Dear Mr. Fernandez: MediaOne and AT&T are pleased to provide for your review this application for a change of control of the existing cable television franchise for your community. On May 6, 1999, the two companies entered into an Agreement whereby MediaOne Group Inc. will merge into a wholly owned subsidiary corporation of AT&T. While the MediaOne parent company will cease to exist after the merger, the existing MediaOne subsidiary which currently holds the franchise will not change as a result of this transaction. It will continue to be responsible for all obligations contained in the franchise. In addition, local management and employees of MediaOne will remain in place. This application for a change of control is one small piece in a larger national and even -global movement that caught fire with the passage of the 1996 Telecommunications Act. That law was premised on benefits of increasing competition in all arenas: video, voice and data. Less than three years later the landscape has changed dramatically with traditional cable companies offering high speed Intemet connections and telephone service and traditional telephone companies, such as AT&T, offering an array of services that now includes video. Part of the ability to compete in this ever changing and complex world depends on having "cjusters" of systems located in the same market. As a result there is unprecedented activity in this sector of the economy involving trades, mergers and acquisitions. But in the end, the result for consumers will be more choice, better service and greater value. In this binder you will find a copy of the Federal Communications Conunission's Form 394, which provides all information necessary to assess the legal, financial and technical qualifications of AT&T Corp., the proposed new controlling entity. As part of that Form you will find a copy of the merger agreement, AT&T's most recent Annual Report and any specific, additional information required by the franchise in connection with a change of control application. SEP 1 4 1999 Pg. ,-~ .... The change of control of a cable television franchise is governed by federal law. Under federal law, you will have 120 days from the date you receive this information to review it and to act on the application. Should you choose not to take any action within this 120 day period, your consent will be deemed granted. For your convenience we have a copy of the law at the back of this binder. Once again, MediaOne would like to thank you for the opportunity we have had to serve you. If you have any questions, please call either of us at the numbers listed below. Sincerely, Ken McNeely . AT&T Law & Government Affairs Vice President, Law & Public Policy Vice President - Florida MediaOne Phone: 850/425-6360 Phone: 904/619-5686 cc: Mr. James Carter, County Commissioner Ms. Barbara Berry, County Commissioner Mr. Timothy J. Constantine, County Commissioner Mr. John C: Norris, County Commissioner Ms. Pam MacKie, Chairwoman Mr. James Fitzek, Franchise Admin. Coordinator MediaOne- ,is is Broadband. This is the way. July 30, 1999 D.E. Wallace 3 050 North Horseshoe Drive #210 Naples, Florida 34104 RE: Resolution to Outstanding Access Concerns Dear Mr. Wallace: In an effort to resolve all outstanding issues between MediaOne and Collier County, MediaOne will offer the following terms as a means to address and resolve the concerns the County has highlighted about access channel distribution. At issue is availability of channel space on our system and the concern associated with establishing a precedent applicable to all governing entities within our service area. Extending the reach of an access channel beyond the parameters of a franchised area and the specific terms of a franchisee agreement would create a precedent and obligation that MediaOne would not be able to meet. Therefore, MediaOne still can not offer an access channel that extends beyond the boundaries of the franchise area (in this case, unincorporated Collier County). However, we are able to offer the County a 3ra access channel that can be used, as deemed fit by the County, for an inter- local agreement with any other franchise entity within Collier County. Pending successful transfer of ownership proceedings, the activation of the 3rd access channel is scheduled for January 1,2001. There will be a minimum requirement of original, non-commercial, non-duplicative programming (4 hours a day for eight (8) consecutive weeks) that must be met. Failure to meet this minimum requirement will result in the channel being returned to the system operator (MediaOne or its successors). With that said, the County programming can be seen within the City of Naples and vice-versa. With the removal of school programming on Channel 54 as a result of near completion of the upgrade, both the County and City have the opportunity to have all of their current expectations met utilizing the one channel. In fact, there will be substantial space left over for additional programming. It is our opinion that this additional capacity may serve the County and City's needs for many years to come without the need for the third channel. This would be best for all parties. However, this third channel will still be made available under the terms of this letter. - SEP 1 4 1999 If, for any reason, the County decides not to request the activation of the 3ra access channel, please let us 'know, in writing, by October 1,2000. This will give MediaOne enough time to change channel line-ups and rates, if necessary, before subscriber notifications are sent. MediaOne continues to value its relationship with Collier County. We are doing everything within our power to provide your residents with a valued product. However, given the value of channel space, we have to constantly evaluate our product to ensure that it is balanced between our contractual obligations and future needs. I doubt that this will ever change, but please remember that we are both interested in the iame important issue; and that is serving the needs of the community to the best of our abilities. Thank you for your time. If you have any questions or need further information, please let me know. Sincerely, Gilbert Moncivaiz Corporate Affairs Manager SEP 1 4 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TERRAMAR", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Terramar", a subdivision of lands located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Terramar" These documents are in compliance with the County Land DeVelopment Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, ..... together with a Construction and Maintenance Agreement for ubdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Terramar" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $229,142.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 89,366.00 b) Drainage, Paving, Grading - $139,776.00 The Security amount, equal to 110% of the project cost, is $252,056.20 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this proi~. Total: $4656.51 No. SEP 1 1999 Executive Summary Terramar Page 2 Fees are based on a construction estimate of $229,142.00 and were paid in June & August, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 493.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 446.83 Drainage, Paving, Grading (.425% const, est.)-$ 594.05 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1340.49 Drainage, Paving, Grading (1.275% const, est.) - $1782.14 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Terramar" for recording with the following stipulations: 1. Approve the amount of $252,056.20 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. NO. ~ SEP 1 1999 Pg. ~_ -- Executive Summary Terramar Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager '/ ~ Date Ro~e~Mulhere, AICP ~'-3/-~ Planning Services Department Director AP P R Vfm BY: .,,,' . / __ ~-/- ? ? Vin~r~ A. Ca~tero, A~P, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh AGEndA ~ ~ SEP 1 4 1999 pg. 3 'PLAT BOOK PAGE SHEET 1 OF 2 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TRANSFERRING FUNDS FROM 113 RESERVES FOR FIRE PLAN REVIEW. OBJECTIVE: To have the Board of County Commissioners approve a Budget Amendment transferring funds from Community Development Fund Reserves to the Building Review and Permitting Department budget to cover fire plans review costs for the balance of the fiscal year. CONSIDERATIONS: The Building Review and Permitting Department collects fire plans review revenues through an interlocal agreement with the independent fire districts which is administered by the North Naples Fire Department. These funds are paid out to the North Naples Fire Department through a purchase order as with any other commercial vendor. The amount budgeted for this expenditure is an estimate of what those fire plans review fees will be for the coming fiscal year. Based on fees collected to date, it is estimated that the amount of fees collected this year will exceed the amount which was budgeted by approximately $60,000. In order to be able to remit these fees to the North Naples Fire District, a budget amendment is necessary to transfer funds from Fund 113 (Community Development) Reserves into the Building Review and Permitting Department budget. FISCAL IMPACT: Approval of this budget amendment will transfer $60,000 from Community Development Reserves into the Building Review and Permitting Department budget; however, since the amount expended matches the amount collected, any expenditure from this $60,000 will be offset by the revenues collected for fire plans review for the same time period. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Board approval of a budget amendment transferring funds from Community Dev,elop_.m. ent Fund reserves for fire plans review. PREPARED BY: ~~'- -~-' ~ ............... DATE: ~"-" /_/~': ,9'~ Johnnie Gebhardt, Cus..tomer.~ervice Supervisor ~evi e~~/i~f~g Department REVIEWED BY:~_~_ _/fi_ c~_/ ~~r~,, DATE: ~./- ~ ~ Edw_ _~rd~. P~rico, 'DireCtor/'7 /ggi~iltg Reviews.and Pe~i)fing Department ~g-/fn~e ~'~-'/C aut e r o ,""A.f~P, Adm-inistrator Community Development and Environmental Services Division AG ENDA JT,~N~,! ' SEP 1 4 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF SILVER LAKES PHASE TWO - F AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Silver Lakes Phase Two - F, and approval of the performance security. CONSIDERATIONS: The Board of County Commissioners on June 29, 1993 approved the final plat of Silver Lakes Phase Two with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. The developer has Phased the recording of the Phase Two plat, and Phase Two - F is the final Phase. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $133,254.20, (Phase Two-F) to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $21,854.34. The developer has provided a Letter of Credit and a Cash Bond as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $25,107.79 (for all of Phase Two). Fees are based on a construction estimate of $1,394,149.92 and were paid in April and June 1993, and are reflected in the Executive Summary of June 29, 1993. 1999 Executive Summary Silver Lakes Phase Two - F Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Silver Lakes Phase Two - F", with the following stipulations: 1) Accept the Letter of Credit and Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Silver Lakes Phase two - F" 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Planning Services Department Director Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION i 1 1999 S, PHASE TWO-F SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COUNTY, FLORIDA. MARCO SEP CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREF-MENT FOR SUBDMSION IMPROVEMENTS entered into this __. day of __ , 1999 between Conquest Development U.S.A., LC., A Florida Limited Liability Company, herein.nfl, er referred to as "Developer", and the Board of County Commissioners o£ Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously w4th the deliver), of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as: SILVER LAKES, PltASE TWO-F B. Division 3.2. of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the constJ'uction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual convenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Water, Sewer, Pa,~4ag and Drainage within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a pan hereof) in the amount of $21,854.34 which mount represents 10% of the total contract cost Lo complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. I of 4 SEP 1 4 1999 3. In the event of default by the Developer or failure of the De. loper to complete such improvements within the time required by the [..and Develo~meot Code, Collier Co~mty, may call upo~ the subdivision pecfocmance seoarity to insure satisfactory completioa of the required improvements. 4. The recluh'ed improvements shall not be considered complete until a statement of substantial completion by Developer's enginee~ along with the final project records have be~n furnished .-.. to be revic-wod and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the s-tatcment of'substantial completion, either: a) notify the Developer in writing or' his preliminary approval of' the improvements; or b) notify the Developer in writing o£ his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Dh'error's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval o£ the improvements if they are in f'ac~ constructed and submitted for approval in accordance with reCluirem~ts of this Agreement. 6. The Developer shall maintain ali required improvements for a minimum period of one year at'er preliminary approval by the Development Services Dh'error. After the one year maintenance period by the Developer has t~rminated, thc Developer shall petition the D~velopment Services Director to insix~ the requh'ed improvc~nents. The Development Services Director or his designee shall inspect the improvemenLs and, if'found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, The Board shall release the remaining 10% of the sutxlivision performance security. The Developer's responsibility for maintenance of.the required improvements shall continue unless or until the Board accepts mainteoance responsibility for ~nd by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Sef'vices Director to reduce the dollar amount of the subdivision performance security on the basis or work compl~ed. Each requ~t for a reduction in the dollar amount of the subdivision perlbrmance security shall be accompanied by a AGE' A SEP141999 A statement of substantial completion by the Developer's engineer together withtholx'Ojeetrecords necessary for review by the Development Secvices Director. The Development Sczvioes Director may grant thc request for a roduction in the amount of the subdivision performance socurity for the improvemeats completed as of the date of the request. $. In the event the Developer shall fail or neglcc~ to fulfill its obligations under this '"' Agreement, upoo certification of such failure, the County Administrator may call up~ the subdivision performance security to secure satisfactocy completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total co~ to the Board thereof, including, but not limited to, engineering, legal and cootingent costs, together with any damages, either direc~ or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this __ __ day of ,. . , 1999. SIGNED, SEALED AND DELIVERED IN DEVELOPER THE~,~..~°°cec~cr~c'/ Conqucst Dcvclopmcnt, U.S.A., ~..~L~ ~_ -- v A Florida Limited Liability Company Witness Printed or Typod Name · Willi~n~ ETlt-ffdg~,,,~anager Witne~ Printed or Typed Nme ! SEP lZ 1999 A'I'TI~T: BOARD OF COUNTY COMMISSIONERS OF DWIC~-IT-F,. BROCK, CLERK COLLIER COUNTY~~A By:. Approved as to form ~nd legal sufficiency: 4 of 4 Imd~:\wiflword~lv~'la~cm~b2£doc 1999 Citizens Community Bank Your Independent B~nk Member FDIC COLLIER COUNTY LAND DEVELOPMENT CODE IRREVOCABLE STANDBY LETTER OF CREDIT NO. 601750 ISSUER: Citizens Community Bank of Florida (hereinafter "Issuer"), 5101 Tamiami Trail E., Naples, Fl. 34113. PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until August 6, 2000, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Conquest Development, USA, L.C. (hereinafter "Applicant"), 1001 Silver Lakes Blvd., Naples, Fl. 34114. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/0 Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOL~NT: $13,325.42 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn~on the Issuer. DOCUMENTS REQUIRED: AVAH.ABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAAGER, CERTIFYING THAT: Conquest Development, USA, L.C. has failed to cons~-uct and/or maintain the improvements associated with that certain plat of a subdivision known as Silver Lakes, Phase 2-F or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: under Citizens Community Bank of Florida, Credit No. 601750 dated August 6, 19~9. original Letter of Credit and all amendments, if any, must be presented for proper endorsement. ! sEPt 4 5101 Tarnlaml Trail East * Naples, Florida 34113 TEL: (941) 775-0748 * FAX: (941) 775-7854 * www. ccbank.com ! !.~ This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. JJame~~r, ~ent SEP 1 4 1999 ~-. 0031 650 E. El~c~m Ci~c~ ~ ~ ~.l~t~. FL 3414~ REMITTER ~e~ ~l~t,.,O~ ~. 8-9 ~TO~ LOAN CHECK SEP 1 4 1999 ~.XECUTIV~. SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SANCTUARY POINTE AT STERLING OAKS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Sanctuary Pointe at Sterling Oaks", a subdivision of lands located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Sanctuary Pointe at Sterling Oaks". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All .._.fees have been paid. Security in the amount of 10% of the total cost f the required improvements, and 100% of the cost of any remaining _mprovements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Sanctuary Pointe at Sterling Oaks" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $73,587.18 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $18,526.00 b) Drainage, Paving, Grading - $55,061.18 The Security amount, equal to 110% of the project cost, is $80,945.90 SEP 1 4 1999 Executive Summary Sanctuary Pointe at Sterling Oaks Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,743.53 Fees are based on a construction estimate of $73,587.18 and were paid in March and June, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) - $437.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 92.63 Drainage, Paving, Grading (.425% const, est.)- $234.01 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $277.88 Drainage, Paving, Grading (1.275% const, est.) - $702.01 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Sanctuary Pointe at Sterling Oaks" for recording with the following stipulations: 1. Approve the amount of $80,945.90 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. SEP i 1999 pg. ~'~ Executive Summary Sanctuary Pointe at Sterling Oaks Page 3 PREPARED BY: ~hn R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP Date Planning Services Department Director APPROVED BY- Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh SEP 1 ,~ 1999 · ~dIGGIN$ . MAP TO' SCN. E EXECUTIVE SUMMARY APPROVE CHANGE ORDER RELATED TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT 70859/70828 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a Change Order to the construction contract with Milmir Construction, Inc., for several improvements for the North County Regional Water Treatment Plant (NCRWTP) 8-mgd Expansion project. CONSIDERATION: This Change Order will incorporate the following improvements and credit item: · Delete exterior handrails at well houses 2, 3 and 9 to accommodate higher site grade elevations and subsequent non-necessity (deduct $5,257.00). Install new gaskets and O-rings in the static mixer chamber spool piece to repair joints that are currently leaking (add $4,013.00). · Install two roof-mounted exhaust fans in the generator room to potentially alleviate high room temperatures and resultant overheating of the generator equipment (add $20,558.00). · Rehabilitate existing sulfuric acid concrete containment structures (add $22,462.00). Each item is more fully explained and detailed with back-up information in the attached Change Order. There is no extension of contract time associated with this change order. A summary of change orders to-date on this project is provided as follows: Days to Days to Substantial Final Amount Completion Completion Original Contract $13,684,984.90 410 502 Sum of previous changes $724,594.10 27 117 Proposed Change Order $ 41,776.00 0 0 Revised Contract $14,451,355.00 437 619 (03/28/99) (09/26/99) ~FISCAL IMPACT: Funding for this work in the amount of $41,776.00, is available from Water Impact tees. GROWTH MANAGEMENT IMPACT: The water treatment plant expansion is consistent with Capital Improvement Element (CIE) 859 and 865, and also with the Water Master Plan adopted by the Board on October 22, 1996. AG£NbA IT[Iq .o. SEP 1 1999 PG. [ Executive Summary Approve Change Order To NCRWTP Expansion Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Works Engineering Department Director to execute a Change Order to the NCRWTP 8-mgd Expansion, Bid 97-2690R, Project 70859/70828. SUBMITTED BY: "~.~~ C~ Date: Peter Schalt, PMP, Project Manager Public Works Engineering Department REVIEWED BY: .,.~ · ': Date: Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: ("/ Date: Paul Mattausch, Water Director Public Works Division APPROVED B Y~~/{"~~~~------~..-~-~ Date: Ed Ilschner, Administrator Public Works Division PS attachment: Copy of Proposed Change Order AG£NDJ~ Iff[Iq . SEP I q 1999 Camp Dresser & McKee Inc. consulting 1342 Colonial Boulevard. Suite F44 engmeonng Fort Myers, Florida 33907 construction Te1:941 275-8575 Fax:941 275-8141 operations Jul)' 13, 1999 Mr. Peter Schalt, PMP Collier County ,. Public Works Engineering Department 3301 Tamiami Trail East, Building D ~ {~}~x '~/~ Naples, FL 341 I2 Re: NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1162 Proposed Change Order No. 17 Dear Mr. Schah: Enclosed please find one (I) original signature cop,,,' of proposed Change Order No. 17 for the NCRWTP 8-MGD Expansion project. The Change Order has been executed by CDM and Milmir Construction. Please review the Change Order and let me know if you find any discrepancies. If you agree with the Change Order, please process and have the appropriate County staff execute the one (13 original signature cop3'. Upon execution of this Change Order, please make distribution accordingly (i.e., M&E, CDM and Milmir. one copy to each) or return three (3) copies to me and I will distribute. Should you have any questions, please do not hesitate to call me. Very truly yours, CAMP DRESSER & McKEE INC. Adam Sobolewski, P.E. AMS/jmp Enclosures xc: Nick Cooper, M&E Richard Moore, CDM G-101A. C-500.1/Ficld AG[ ND,~ .o., i\.\coIheACo,99S47 SEP 1 1999 Pg. CHANGE ORDER TO: Milmir Construction, Inc FROM: Collier County Government P.O. Box 9400-A 3301 East Tamiami Trail, Building D 1617 Rowe Avenue Naples, Florida 34112 Jacksonville, Florida 32208 Project Name: NCRWTP - 8MGD Expansion Construction Agreement Dated: 12/16/97 Bid No.: 97-2690R Chan~e Order No.: 17 Date: Change Order Description: (Attach justification and supporting documentation for this change.) See Attachment "A" - Description of changes and justification See Attachment "B" - Summary of Supportive Documentation See copies of Supportive Documentation attached. Original agreement amount .......................................... $13,684,984.90 Sum of previous change orders amount ................................. $ 724,594.10 This Change Order Amount [add] .................................... $ 41,776.00 Revised Agreement Amount .......................................... $ 14,451,355.00 Substantial Final Original contract time in calendar days ........................... 410 502 Adjusted number of calendar days due to previous change orders ...... 437 619 This change order adjusted time is .............................. 0 days 0 days Revised Contract Time in calendar days .......................... 437 619 Original Notice to Proceed date ................................. 01/16/98 Completion date based on original contract time ................... 03/01/99 06/01/99 Revised completion date ...................................... 03/28/99 09,'26/99 ------ 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 this Agreement shall constitute a full and final settlement of any and ail claims of the Contractor arising out of. or related to, the change set forth herein, including claims for impact a~.d delay COSTS. Recommended by: ~~.q~C~L~d~' Date: evSr//~,~//~.. Adam Sobolewski, P.E. Camp Dresser & McKee Inc. ' '- Donald alose, Vice President 7/J~~:);~¢ Milmir Construction, Inc. Reviewed by: ff.~4, ~~ Date: "*//~"~f~ ~ Peter Schalt, PMP, Project Manager Collier County PWED Reviewed by: Date: Jeff Bibby, P.E., PWED Director Collier County PWED Public Works Division Approved by: ~/~ Date: Ed llschner, Public Works Administrator Public Works Division I' For Use by Ox, net: Fund: Cost Center: Object C~e Project No.: COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 17 ALLOCATION TO FUNDING SOURCES Change Cost/(Credit) Fund Ct 70828 Fund # 70859 Order Amount Wellfield NCRWTP Expansion Item Ct 1 ($5,257.00) ($5,257.00) $0.00 2 $ 4,013.00 $0.00 $ 4.013.00 3 $20,558.00 $0.00 $20.558.00 4 $22.462.00 $0.00 $22,462.00 ITOTALS $41,776.00 ($5,257.00) $47,033.00 CollicP, col199s.44 Page 2 of 6 .G. .5- COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No, 6295-21728 CHANGE ORDER NO. 17 A1-FACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION Item No. Description of Change Cost (Credit) 1 Delete exterior handrails at well houses #2, #5 and #9. ($5,257.00) 2 Disassemble and reassemble with new gaskets and O-rings, $4.013.00 the spool piece of 30" HDPE pipe and two orifice flanges in the 30" Tamiami influent main to the NCRWTP. 3 Furnish and install two roof mounted exhaust fans over the $20,558.00 NCRWTP Generator Room, including all required associated electrical, structural and mechanical work. 4 Repair the existing sulfuric acid concrete containment $22,462.00 structures and recoat the interior concrete surfaces at the following equipment: · Sulfuric acid bulk storage tank. · Sulfuric acid day storage tank. · Sulfuric acid fill station sump. TOTAL $41,776.00 Collicr\col199s.44 Page COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No, 6295-21728 CHANGE ORDER NO. 17 A'I-FACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item No. Justification for Change 1 Handrails on all exterior platforms and steps at well houses #2. #5 and #9 were originally specified and modified by Change Order Item No. 7 in previously approved Change Order No. 14. Due to the actual finish grade being higher than originally designed around the well houses, the handrails were not necessary and are deleted. 2 The original installation of the 30" diameter HDPE spool piece and two orifice flanges in the static mixer chamber on the 30" Tamiami raw water influent main to the NCRTWP, was performed by County forces. Existing/original gaskets and O-rings were used to expedite the installation due to the availability of new gaskets and O-rings. Since the original installation, the assembly has developed several leaks at the joints. As requested by plant operations staff and verbally approved by the Water Department on 6/29/99, Milmir Construction will disassemble and reassemble with new gaskets and O-rings, the spool piece and orifice flanges. COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 Item No. Justification for Change (continued) 3 The NCRWTP Generator Room currently has only two small roof mounted ventilator fans as a means of exhausting the warm air in the room when the emergency generators are running. With two more new generators installed in the room as part of the plant expansion project, the heat given off with all four generators running, raises the room air temperature to unacceptable levels, raises the potential for the generators to overheat, and increases the potential for deterioration of all equipment within the Generator Room. The additional ventilation modifications were verbally approved by the Water Department on 6/29/99. 4 The existing sulfuric acid concrete containment structures are in need of concrete repairs and recoating of the interior surfaces of the containment structures. As requested by plant operations staff, a proposal was obtained from Milmir Construction and the additional work was verbally approved by the Water Department on 6/29/99. Collicr'xcol199~.44 Page 5 of 6 SEP 1 h 1999 COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 17 A'I-FAICHMENT "B" SUPPORTIVE DOCUMENTATION Change Order Document Description Document Item No. Date 1 Pages of Change Order No. 14 documenting costs to 02/05/99 furnish and install modified handrails at well houses. 1 Milmir Construction credit proposal to CDM to delete 04/21/99 handrails. 2 CDM request for proposal to Milmir Construction to 05/25/99 disassemble and reassemble HDPE spool piece and flanges with new gaskets and O-rings. 2 Milmir Construction cost proposal to CDM to 06/07/99 disassemble/reassemble spool piece and flanges with new gaskets and O-rings. 2 M&E memorandum to CDM recommending approval of 07/02/99 the Milmir proposal. 3 M&E memorandum to CDM outlining recommended 05/27/99 option for the Generator Room ventilation modifications. 3 CDM request for proposals to Milmir Construction for 05/27/99 ventilation modifications in the plant Generator Room. 3 Milmir Construction cost proposals to CDM for two 06/10/99 options to provide Generator Room ventilation modifications. 3 M&E memorandum to CDM recommending approval of 07/02,/99 the proposal utilizing two exhaust fans. 4 CDM request for proposal to Milmir Construction for 05/25/99 sulfuric acid containment structures repair and recoating. 4 Milmir Construction cost proposal to CDM for repair and 06/25/99 recoating of containment structures. 4 M&E memorandum to CDM recommending approval of 07/02/99 the proposal for repair and recoating of containment structures. AG£NDA IT£1~ _ Collier\col199s.44 Page 6 of 6 SEP 1 k 1999 . ' CHANGE ORDER TO: Milmir Construction, Inc ' FROM: Collier County Government P.O. Box 9400-A .3301 East Tamiami Trail, Building D --- 1617 Rowe Avenue Naples, Florida 34112 Jacksonville, Florida 32208 ..,,,~.aje. r.L~ame:_NCRWTP - 8MGD Expansion ~"~2'onstruct'i°-~ Agr~me~d: 12/16/97 Bid No.: 97-2690R Chan eOr& o.: ) . -'C'h'~m~23rd.er_~es_c~fi~.~ti~ttach justification and supporting documentation for this change.) See Attachment "A" - Description of changes and justification See Attachment "B" - Summary of Supportive Documentation See copies of Supportive Documentation attached. Original agreement mount .................................... $13,684,984.90 Sum of previous change orders amount ........................... $ 336,999.95 This Change Order Amount [add] .............................. $ 18.419.00 Revised Agreement Amount ................. .. .................. $ 14,040,403.85 Substamial Final Original contract time in calendar days ...................... 410 502 Adjusted number of calendar days due to previous change orders 430 522 This change order adjusted time is ......................... 7 days 7 days Revised Contract Time in calendar days ..................... 437 529 Original Notice to Proceed date ............................ 01/16/98 Completion date based on original contract time .............. 03/01/99 06/01/99 Revised completion date ................................. 03/28/99 06/28/99 · 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 this 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 aj3fl delay cosJs. Nick Cooper, P.E. _ Metcalf & Eddy,,Inc. Accepted by: ~~'/'~ ~ Date: ' - b~nald Klose, Vice President ' Revi wedb,: ,ate: Peter Schalt, PMP, Project Manager C-/c . Ilier ounty PWE_~ Approved by: ~Paul ~~ Date: attausch, Water Director / Public Works Division (For Use by Owner: Fund: Cost Center: Object Code: Project No.,; .. , G:\Forms~,Change Order Masterdoc Revised 01/29/98 COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 14 ATTACHMENT "A" DESCRIPTION OF CHANGES AND ]USTIFICATION Item No. Description of Change Cost (Credit) 1 Furnish all labor, materials and equipment necessary to $70,452.00 replace the existing concentrate discharge header piping in the Concentrate Pump Station out to and including the underground connection to the existing 16" HDPE concentrate main. 2 Delete Change Order Item No. 6 from previously approved ($20,298.00) Change Order No. 10 3 Furnish all labor, materials and equipment necessa.9' to $51,359.00 relocate one (1) new backflow preventer required by Contract and furnish and install one (l) new additional bacldlow preventer, both above ground, in the dual 16" HDPE _ concentrate headers to the WTP injection wells. 4 Add or delete all labor, materials and equipment associated ($I 1,240.00) with the following changes: a. Delete the disconnect switches specified at the new RO feed pumps, high service pumps and transfer pumps. b. Relocate the new harmonic filters for the new RO feed pump VFD's from outside the Process Building into the MCC Room. c. Furnish and install wiring between new, RO feed and high service pump RTD's and VFD's. 5 Delete the membrane system training required by ($25,200.00) Specification Section 11011, Paragraph 3.02. 6 Reimburse the County for overtime inspection costs incurred ($5,226.00) for inspection of pipeline installation from 9/13/98 through 12/31/98 at the hourly rate of $52.00/h.r. for 100.5 hrs. 7 Modify the design requirements at well house sites 2, 5 and 9 ($12,580.00) associated with retaining walls, sidewalks, ramps, handrail and finish grade treatment. ) ) Construction Inc. Slanda,,~ Estimlte ReDort lu~saa Page ....................... pco~a0~ 9 f:~9 XM 2000 SrTEWO~ ~ 2 222 GrawlAt .~/ebs ~ 2 ~5 F~ Fa~c ~ ~c S~ Lg32 ~ 78 3~ ~ 930 3.~0 ~NC~E C°NC~ e 3,O~S 1~,78o 7~ 0 1~370 6.000 S~EL 520 ~pl Hw~ ~ 3,700 7,~ 11. lBO f. 76~ 0 M~imlr Constzucflon Inc. Standard Estimate Report Partial Totals .~contmcl 11.780 E qulpm~nt 1 ~ 6% Si~t T~ 471 ~.~ ~md I F~ 2.~5 IO ~ F~ AdJu~nl F~ S~ -~9 -5.~ ~d To~ 29,~07 04/21/90 09:0~ s~904 7B$ 6494 ~II.21IR CONST ~-~ CDM NAPLES ~001/017 Milmir Construction, Inc. PROPOSED CHANGE ORDER ~'-'-o. ~ox ~40o-A No. 0034A 7 Rowe Ave. Phon~: (904) 76g-2300 .ksonviUa, FL 32208 Fa= (904) 768-6494 TITLE: Delete Handrail (~ Well Bldgs. DATE' 4/21/99 PROJECT: N Regional WTP 8MOD Expansion JOB; 9801 TO: Attn: Adam Sobolewski. P E CONTRACT NO: Camp, Dresser & Mckee, Inc. g011 Vand~rbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 RE: PCO To: CDM From: M]LMIRCO Number: 0034A Pm' our d.i_sc~ wc ate propoging 1o d~lcte tl~ hargh-a/l al the weLl b~filding ea~'~_m'es dm:: to tl~ maximum distance to ~ b~ing approxiamately 12-inc. hcs. Unit Cost: S0.00 Unit Tax: $0.00 Lump Sum: ($5,25'/.00) Lump Tax: $0.00 · ~ Total: ($$,257.00) CDM - COLLIER ,':O CONSTRUCTIOIN SV'TS :,_C. DIST/FiLE ACTION i - --~c~-~mo~ APR 2 1 ~ ~j ~ /~ / CAMP DRESSER & McKEE ~, ~ ~. / COLLIER CO FIELD OFFICE CO ~(D NO 97-26~R CD~ P~: 6295-21 APPROVAL: . ~ ~'-' Donald L. K. lose, V.P Adam Sobolewski, P.E ,re: 4/21/99 Date: ! SEP 1 ~t 1999 04/21/99 09:13 TX/RI NO.2875 PG.P'00I/'¢-,. m Unregistered User Standard Estimate Report Page 1 PC09801 4/2f/~9 9:44 A~ ffe,'n Oescflptlon Takeof/Qty A2'noun! Amount AA'tou~ NaITte Amount Aa)amd A, moug3! '~' PCO No. 34A fJ.O~O STTEL $.520 Pipe Hendrais ~ H~nd~ f.092 2.~8 4~ 4.095 S~EL 1,092 2.~g 0 456 0 ~0lS ~7 ~r hou~ PCO No. 34A 1,092 2,~8 0 4~ 0 4,~ ~ ~stered User Standard '~o~te Report 4/~ ~:44 AM PaPal Totals ~ 1.0~ ~.6~ Eq~p~ ~ Ta~ A Ins Off ~ ~1 ~.6~ ~ 6% ~ T~ 1~ 8.~ % C O~d & F~ 4~ 10.~ % T F~ ~m~t F~ Subs ~.~) % C ("3 z 0 3.. , 06/07,'99 10:30 ~'004 708 6494 MILl/IR CONST -~-,-, CD.~ NAPLES {~004,'010 Camp Dresser & McKee Inc. 1~42 Oo(or~,al Boul~v'ard, Suile F44 ~y 25, 1999 ~. Donald ~o~ ~ce P~sid~t ~mir Con~o~ ~c. P.O. Box 94~-A 1617 Rowe Ave~e J~on~e, ~ 32208 Re: NCR~ - 8~d ~on ~ Bid No. 97-2690R ~M Pmj~ No. 6295-21728 CDM D~ 8 1114 R~uest for Propo,~ Dear ~. ~ose: PI~ pro,de ~ offi~ ~ your ~o~ pmpo~ to ~~le ~ ~ble ~ ~w g~kets and O-fing~ ~e ~PE ~1 pi~e ~d o~ fl~es ~ the ~tic mNm v~t on ~e T~ 30" raw ~t~ ~umt ~e to t~ NCR~. ~de ~ approp~e b~dom of labor, mateh~ ~d ~p~nt co~s for the ad~fio~ work lo ~ow ~afion of your pmpo~. Compl~on of ~ ~o~ ~rk is not r~ by ~ Sub~ ~mpl~ion mil~o~ date. Shoed you have ~y qu~fion~ plum ~ve me a ~. Ve~ ~y yo~s, C~ D~SS~ & ~F. ~C. cc: Peter Sehalt, PWED Nick Cooper, M&E Richard Moore, CDM File: G-10], G-10l.l, C-500.1/FTM G-101.1, C-500.1/F SEP 1 1999 pG.7 /7 06/07/99 10:37 TX/RX N0.3021 P.004 m 05/07/99 10:29 ~'904 765 6494 MIL21]R CONST .~-,-, CD~ NAPES ~001/010 .. Milmir Construction, Inc. "PROPOSED C~NGE O~E~ ~ox ~-A No. 0015F 7 ~ Ave. ~hone: (904) 768-2300 Ja~~, ~ 3~08 ~ (~4) 7~ TIT~: Re-~stdl 30" ~PE Spool Piece~,~.~ · .... 6/7/99 PRO~:N.R~o~~SMGDExp~ior ~~ ~ ~ ~ ~ TO: A~: Ad~ So~l~s~, P.E ~ C E~ ~CT NO: 9801 -~ C~p, Dresser & Mckee, ~c. ~ 7 ~ $011 V~d~fll B~ch Road ~. Naples, FL 34108 ~ - CAMP DRESS~ & McKEE RE: PCO To: C_.DM From: ~CO Number:. 001SE foUo~ p~ is.a ~ to o~ ~ Nos. lil, B, C, D & E. pr~e w ~e ~ ~ ~ 30' ~PE ~1 pt~ ~ ~ Tamiami mw wa~ ~ 0-~ ~r the r~ ~r ~ ~ ~' CDM oa ~ 25, p~ is ~ on ~~ ~s ~ ~ c~l~on ~ ~ 30' ~efor~ ~ m~ r~ au~o~on to pr~ ~ la~ !Mn J~ 14, 19~, d~ ~ pro~ ~ ~b~ ~m ~ a~c~ for yo~ ~ m ~g ~. Nick ~, P.E., M & E Jimmy Brock, Supt. / CDM- COLU£R CO. Unit Cost: $0.00 CONSTRUCTION SVCS Unit Tax: $0.00 'CC DIST/FILE ACTION I Lump Sum: $4,013.00 APPROVAL: . ~_..By: ~,..~_ _ff~ ~~~_--~ By: Donald L. K]ose, V.P. Ad~ Sobol~, P.E. ~ate: 6/7/99 Date: AGt,~ ZTt,_ SEP 1 i 1999 06/07/99 10:37 TX/~ NO. 3021 P.001 ...3 Partial Totals '-4 I,T~l.I t:qu~pmmem ._ 2,776 Tex"es &Int On Lab~ 840 4a(~O % C .. Ovedlemd & Fee :34i5 !0000 % 1 Flme AdJma~g'~ent F~ $uba, ($ 000) % Pa.'Ual Total 4,013 JUL ~ 'SS ~:SS PAGE,OO2 Memorandum AQUA FILE: 022015 DATE: July 2, 1999 TO: Adam Sobole~vski, PE Camp, Dresser & McKee, Inc. FROM: Nick Cooper SUBJECT: NCKWTP Expansion PCO 15F - Reinstall 30" HDPE Spool Piece We have reviewed Milmir's coq estimate for removing and reinstalling the 30-inch spool piece with static mixer on the Tamiami raw water main. We find it acceptable ~ estimated. c~' --'-?-' JUL 2 1999 C!. -q .~.' 5",'- . ,_cc ~,T,T::.'Z~.' .... ~ ~ : CO~CIER CO. FIEL¢ O~FICE ~ i F ~.{ ~ CO BiD NO: 97-26~R CDM PN: 6295-~ ~=~. ~//~¢ I AGENDA IT£ln , ,0.. ~,([~)cU SEP 1 q 1999 PG. 07/02/99 05:41 TX/EX N0,3078 P.002 05-/27/99 15:27 FAX 1 941 352 5579 CDI~ lh(J I-'I~LD UI- ~ou,~. l'IP~Y ~7 '~S 15:3c~ PP~GE. ~01 Fax ! o Fax #: 941.,3.r~-5~79 Total Pages: 3 To: Adam Sob4flewski From: Sande~p Sethi Company: CDM Dste: May 27, 1999 Message: Please see azlae.~ed PCO 36A for C:~aera~r Room rims for HCRWTP. CONSTiaUC'fION SVCS I~C DIST/F~E AC!tO.~, [__ WAY ,~.. /v;/,¢ ,-,t,w. w CAMP DRESSER & McKEE CO. BID NO: 97.26~R 6DM PN: 6295-2~ 728 ~~//.~ Sun Court i.~. Su/te 200 Voi~: 678-~9 SEP 1 q 1999 05/27/99 15:27 FA.x. I 9.11 3S2 55T9 Memorandum FILE: 022015 DA'F~: JeJa3r2.,5, 1999 TO: Adam' Sobolewski, PE Eamp, Dr~_~*.',' & McKee.,/nc. FROM: N'~k Cooper SUBJECT: NCRWT~ Expansion PCO 36A- C_~x~or Room Vea~Jlation The capacity af ?.h= ~r,.istia§ ventilation ~ ~ ~ ~~ R~m pr~ v~~ ~ ~ 10,~ ~ wh~ ~e ~ ~ ~~d~ ~ ~ ~ ~I ~ (2) ~,,~ ~, of2g,0~ ~ ~ ~ ~~y. ~ (3) ~~on ~e ~ ~-~l~on ~ ~~d~ ~ R~mm~d~ Option: T~ ~) ~f~ ~ ~ of2a,~ ~ ~ ~; 56,~ ~ ~ ~. M~ek Dfi~c 7_5 ~, ~8~/60, ~ ~ 1725 ~ ~d ~ 70 ~~: 50_5. X 50~ ~a ~e~a~e: M~el: C~8~30 .~~: 18,5~ ~ ~ 0~75~ ~ ~ ~d ~A: ~ R~~ 50.5 X 50~ ~: SEP 1 999 0S/27/99 14:48 05/27/99 ].5:27 FAX ] 941 352 5579 m m mm I I 0 4 8 12 16 20 24 ~/s'=~'-o'~ SCALE FEET I NOi:FIg-~ COUNgW REGiOnAL ~~-~ ~ ~D~ CEN~TOR ~M ~~ON 05/27/99 14:48 TX/~ N0.3007 ~.uU~ ' Camp Dresser & McKee Inc. consul~ng 1342 Colonial Boulevarcl, Suite F44 er, gineenng FOal Myers, Florida 33907 construction Tel: 941 275-8575 Fax: 941 275-8141 operat/on$ May 27, 1999 Mr. Donald Klose Vice President Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, FL 32208 VIA FACSIMILE Re: NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1121 Request for Proposal Dear Mr. Klose: Please provide this office with your cost proposal to furnish and install the roof openings and air handling modifications in the Generator Room as detailed in the attached 5/27/99 M&E memorandum and drawing. Include the appropriate breakdown of labor, material, and equipment costs for structural, HVAC and electrical work for each option, to allow evaluation of your proposal. Completion of the additional roof openings and air handling modifications is not required by the Substantial Completion milestone date. Should you have any questions, please give me a call. Very truly yours, CAMPJ~)RESSER & McKEE INC. ~olewski, P.E. nMS/jmp Attachment cc: Pete Schalt, PWED Nick Cooper, M&E Richard Moore, CDM File: G-101, G-101.1, C-500.1/FTM G-101.1, C-500.1/F SEP 1 4 1999 Milmir Construction, Inc. PROPOSED CHANGE ORDER P.O. Box 9400-A No. 0036A 1617 Rowe Ave. Phone: (904) 768-2300 ~'-sonville, FL 32208 Fax: (904) 768-6494 TITLE: Transfer P.S. Ventilation System DATE: 6/10/99 PROJECT: N. Regional WTP 8MGD Expansion JOB: 9801 TO: Attn:AdamSobolewski, P.E. CONTR ~~8~-~ '~ ~!l Camp, Dresser & Mckee, Inc. - - 8011 Vanderbilt Beach Road Ext. ~ Naples, FL 34108 Lllll JUN 17 ~ Phone: (941) 352-5575 Fax: (941) 352-5579 CA~P DRESSER & McKEE COLLIER CO. FIELD 0FI:ICE RE: PCO To: CDM From: MILMIRCO Number: 0036A DESCRIPTION OFPROPOSAL 71 .: : ~ : i' i We propose to furnish and install a 2-fan ventilation system in the Generator Room per the attached request for proposal issued by CDM, dated May 27, 1999, and the atlached supporting data. The structural roof opening details on contract drawing S-11 will be used to frame openings. We will need authorization to proceed with this proposal no later than June 25, 1999, in order to allow secure material and complete construction by the final completion date. Final completion of this change will not be governed by the substantial completion date, but rather the project final completion date. :tailed cost breakdown is attached for your use in reviewing this proposal. cc: Nick Cooper, M&E Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $20,558.00 Lump Tax: $0.00 Total: $20,558.00 CDM - COLLIER CO CONSTRUCTION S',/C S C'C DIST/FILE ACTION ~ CO. 8ID NO: 97-26~a By: ~~ By: ~onald L. ~ose, V.P. Date: 6/10/99 Date: Unregistered User Standard Estimate Report Page PC09801 6/10/99 1:05 PM Item Descflptlon Takeoff Qb/ Amount Amount Amount Name Amount Amount Unit Cost Amount PCO No. 36A 1.000 GEN CONDITIONS I 707 Haul Dumpster 10 Haut Dumpster 1 00 haut 285 28500 /haul 285 Haul Dumpster 285 285 285 ............ 0 o 255 GEN CONDITIONS 0 0 5,000 STEEL 5 110 Stroct Framing -- Angle Framing & Cut Openings 2 00 each __1,152 450 150 876.00 /each 1.752 Struct Framing I, 152 450 t 50 t. 752 S-'F-~ ~-L ...... 1.152 450 0 150 0 1,752 7.000 THERMAL-MOIST PR 7 510 Built Up Roofing n -- Flash-in Roof Curbs 2.00 each 1.200 Crowther 600.000/each 1.200 Built Up Roofing 1,200 1,200 THERMAL-MOIST PR - 0 0 1,200 ....... 0 0 1,200 9.000 FINISHES 9 900 Painbng sub Painting Touch-up 1.00 Isum 300 300000/1sum 300 Pa/n~ng 300 300 FINISHES ........ ~ - -- ~ .... 300 0 0 300 15.000 MECHANICAL 155O0 I-IVAC n sub HVAC Subcontractor 1.00 Isum 7,996 Cond.Air 7,996.00 /Isum 7,996 t.IVAC 7,996 7.996 MECHANICAL 0 0 7,996 0 0 7,996 16.000 ELECTRICAL 16 O0 ! Electtfcal n sub Electrical 1 00 Isum .... 7,_3_35 Gulf Slate 7.335 00 /lsum 7,335 Electncal 7, 335 7.335 ELECTRICAL - 0 0 7,335 0 0 7,335 PC No. 36A 1,152 450 16,831 150 285 18,86~ Page 2 Unregistered User ) ~ Standard Estir eport 1:05 PM PC09 ... , Partial Totals Labor 1.152 Material 450 Subcontract 16,831 Equipment 150 Other 285 18,868 1~,868 Taxes & Ins On Labor 560 48 600 % C 6% Sales Tax 27 6000 % C Overhead & Fee 1,945 10000 % T Fee Adjustment For Subs (842) (5 000) % C Partial Total 20,558 ¢ .~,~64389_qE, CONDI'flONED AIR COR'P PnGE 0&..." 0S..:' 199 d 14:20 q ' Conditioned Air Corporation of Naples, ]nc. 4451 Mercantile Avenue Naples, Florida 34]04 6M6056809 FACSIMILE TRANSMi"ITAL Telephone: 941-643-2445 Facsimile: Office 941-643-0996 Estimating 94].-649-4327 Number of Pages [ncluding Cover Sheet: ~ _.. [] For Your ]nformation [] For Approval [] As Requested [] Reply Requested [] For Your Comments [] Other: Comments: CONDITIONED AIR CORF' P~GE B2 Conditioned June 8, 1999 Wilmir Construction Inc. PO Box 9400-A 1617 Rowe Ave Jacksonville, FL 32208 RE: Generator Room Ventilation Regional WTP 8MGO Expansion, Job #9801 Contract No. 9801-S003 Furnish and install either of the following: Recommended Option: Two (2) roof mounled exhaust fans of 28,000 rfm capacity each; 56,000 cfm total capacity Model CUBE-480-75 Capacity': 28,000 cfm ~; 0.375" wc sp Driver: 7.5 HP, 480/3/60, belt driven, 1725 rpm Sound dBA: 70 Roof-operdn$: .50.5 X 50.5 in. squared Weigh::475 lb. Approx. Price: $7,996,00 Alternative Three (3) roof mounted cx.haust fans orS18,500 cfm capacity' each; 55,500 cfm total capacity. Model: CUBE-480-30 CapaciD"l 8,500 cfm ~ 0.375" we sp Driver: 3 HP, 480/3/60, belt driver, 1725 rpm Sou. nd dBA: 65 Roofoperfing: 50.5 X 50.5 in. squared Weight: 475 lb. Approx. Price: $10.010.00 Sincerely, SEP 1 q 1999 JO F_ROM : GLfLF STATES - PHONE NO. : 941 26~ 7S_~E) Jun. 88 1999 ll:4SAM P2 Gulf States, Inc. 4585 Pro~ess Ave Naples, ~. S~ C~fied Ei~ical C~r EC3~3 F~x (941) 263-732g June g~ 1999 Don Klose Milmir Const~ction, Inc. 1617 Rowe Ave. VIA FACS~E (904) 768-6494 ~ksonviile, Florida 3220g NORTH REGIONAL WTP 8MGD EXPANSION GENERATOR ROOM VENTILATION Dear Don, Per your request I have prepare the costs to connect exhaust fans in the generator room For your use 1 ha~,e attached a copy of my detailed estimate to connect (2) exhaust fans and motorized dampers The estimate for the ahemate for (3) exhaust fans was obtained by muhiplymg the es6mate for (2) fans by' 1.5 1 have assumed that the fans will be furnished with unit mounted disconnect switches and that the motorized dampers ave to be/oca~e~ at the roof opening for each exhaust fan I have not included any allowances for tuning or patching the roof or furnishing pttch pazls TOTAL FOR (2) FANS 5; 7,335.00 ALTERNATE FOR (3) FANS 5;11,000.00 P}ease advise how you wish me to proceed Respectfully,, Rogers : GULF STATES PHONE NO. ' 94i 263 752E: 3un. 08 1999 ll:49AM P2 Tu~ Jun 08 10:19:55 1999 S15 A300 601 TSP-~ST 01/97 --- - ......... 17 i , 269. 17 2 S~TOT~ 5 G~~ ~CTR~C 9999 2,610.00 * i 00 2 6i0.00 2 ,610.00 6 S~TOT~ 8 . 1502 1,269.17 % 6.00 76.15 9 ~T'L Q~OT%S T~ % 1506 2,610.00 % 6.00 156.60 2~2 · 10 5~TOT~ 12 'DI~CT 1~ >JOVAN ~S 1499 82,78 % 100 00 14 JOVAN ~TE 1513 82 78 * 24 97 2,067.02 15 S~TOT~ 2 ,06~.02 18 TRUCK D~I~R 9999 0 00 * 19 ~TOT~ 21 *NON-PROD. ~OR: 22 ~.F OR SUPER HRS 1499 82 98 % 10 00 8.28 < 23 G.F. OR SUPZR ~TZ 1522 8 28 · 29 ~6 243.93 24 T~L TI~ 9999 0 .00 25 O~T I~ 9999 0 .00 26 S~TOT~ 243. 93 28 *DI~CT JO~ ~: 29 ~QUI~NT ~NT~ 150.00 30 TOOLS EXPE~ 1498 1,269.13 % i 00 12.69 31 JO~ 32 D~NS/EN~I~ERIN~ 33 T~L 34 MISC JOB EXPENSE 1499 82 . 78 35 S~TOT~ 245. 37 * S~CONT~CTS- 38 VOICE DATA SEP 1 FROM : GULF ST/qTES PHONE NO. : 941 263 ?]2~ Jut,, O_P, 1999 Tue JuD 08 10:19;55 1999 Job Id 94 NCR%~TP Z~cl~ans~on 11/26/97 PAGE : 2 S15 Ag00 601 TSP-~sT 01/97 ~id # 25 Generato VentilatioD 40 LI~TNIN~ PROTECTION 41 S~TOT~ 43 JOB S~ToT~ 6, 668 .34 46 ~TERI~ 1502 1,269 17 % 10 00 126,92 4~ ~JOR QUOTATIONS 1506 2,610 0O % 10 O0 261.00 48 S~ES T~ $ 1510 232 75 % 10 00 23.28 49 DI~CT ~R 1515 2,067 02 % 10 0C 206.70 50 I~I~CT ~OR 1519 0 00 % 10 0C 51 NON-PRODUCTI~ ~OR 1526 243 93 % 10 00 2~.39 53 S~ CONT~CT~ 1541 0 00 % 10 54 JOB TOT~ 7,335.18 56 >~FIT 1554 7,335.18 % 57 JOB TOT~ * ~OFIT 1556 0 00 * I , 00 7,335. 18 59 >~ID TOT~ 1557 7,335 18 60 BID TOT~ 7,335.18 SEP ! 1999 FROM : GULF ST~TEY, PHONE NEI. ' 942 i'E,3 7.Gl'E: .l,~r,. 0E: 199'3 li'49AM P4 ~'~ S15 Al00 601 TSP-ES~ 01/91 Tue Juu 08 09:51 J~: 74 ~? Rx~ou 11/26/97 SYS~ ~ 25 ~oera~o~ ~ I~ ~ Si~e ~scriptioa ~tity Up]t Unit Total O~l% Total ~&02 3/~' ~ 90 ~ 20 00 ~ 0.6~B 12 91 ~.220 4,40 5387 3/4' ~ ~ & ~ 2.00 ~ 7 a8 14,96 0 ]85 0 77 5~60 3/4' ~ COU~G 20 00 ~ 0.9369 18.73 5~7 3/4' L~ 32 O0 ~ 0 06:B 2 O1 0 0)3 1.05 5823 3/4' r~TIC BUS~S 16 oO ~CM O.070g 1.13 0 132 2.1~ 5eGO 3/4' ~/~-~0~ 26.0C ~X 2.3~ 61.49 0.!~8 5.14 7002 3/4' ~c ~ H~ ~ 71 o0 ~ 0.2206 15.~5 7149 3/4' ~ ~ ~ 71 00 ~ 0.6EH0 47 a! 0 055 3,90 7182 3/4' ~O~ D~ & P~ 4.G0 ~ 8.aO 35.20 C ~O 3.53 7291 10-24 ~ 71 0~ ~ 0.1~07 13.54 O 02~ 1.95 ~0~5 ~/~' LIQU~I~ ~T 20.00 ~ 0.4420 8.~3 0 022 0 ~!03 3/4' LIQUiDTI~ ~ C~ A.00 ~C~ 2.2~90 9.15 0 132 0.52 8123 3/4' LIQU~TI~ S~ C~ 4,C0 ~C~ 1 5140 6 Q5 0 110 0.44 S~-%otal 24 O] l.d0 S~- %~%a! 352 00 3.30 11132 ~2 ~ STR ~ ],990.00 ~T 0 04051 8073 O.O04 11282 12 ~ ~ 6~4.00 ~T 0.04057 26.12 0,004 1.~3 11642 SCO~-~ 12.00 ~ 0.0944 i 13 0.044 0.52 16351 15-60A lP ~LT-O~ l.O0 ~q 0 39 0.38 16356 15-60A BP B~T-~ 2.00 ~ SEP 1% 1§§9 FROM : GULF STATES PHONE N0. : 94i 265 752E: ]ur,. 0L~; 1999 il:SOAM PS IZLZCTR~C~L ESTIMATING '~,~ry by category ~15 A300 601 T~P-~ST 0l/~3 Tue Jvu 08 09:53:06 1999 J~: 14 ~C~P ~,~slou 11/26/~3 PA~ : 2 SYST~ { 25 ~erato~ R~ V~tll~tie~ I~ W Size ~criptzo~ ~tity ~ ~it To~I U~it ~otal .......................................................... 18%24 SIZE 1 480V 3~ F ~ CO~ 2.00 ~ I 925 3.85 18503 ~ ~UiP ~ Co~ 2.00 ~ 0.330 0.66 18505 3 1/2 ~P CO--IONS 2 00 ~ 0 550 1.10 S~-~l 5.81 20122 lP ~os~ 2.00 ~ 88.00 176 00 0 550 1.10 .......................... ~-~1 176 00 1.10 .......................... 2oral 1,269.13 62.~8 AG(NDA IT£14 . I NO. ~!2~_~ SEP 1 i999 Miimir Construction, Inc. PROPOSED CHANGE ORDER P.O, Box 9400-A No. 0036B 1617 Rowe Ave. Phone: (904) 768-2300 '----ksonville, FL 32208 Fax: (904) 768-6494 TITLE: Transfer P.S. Ventilation System DATE: 6/10/99 PROJECT:N. Regional WTP 8MGD Expansion JOB:~l'g01 "~ & ~'oc~ ~n~ ~![ TO: Attn: Adam Sobolewski, P.E. CON'] UU: .... : .... ' Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. JUN 1 7 1~ Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 ~ CAMP DRESSER & McKEE ; COLLIER CO. FIELD OFFICE RE: PCO To: CDM From: MILMIRCO Number: 0036A DESCRIPTION OF PROPOSAL :: .i ::'! : : ::: We propose to furnish and install a 3-fan ventilation system in the Generator Room per the attached request for proposal issued by CDM, dated May 27, 1999, and the attached supporting data. The structural roof opening details on contract drawing S-11 will be used to frame openings. We will need authorization to proceed with this proposal no later than June 25, 1999, in order to allow secure material and complete construction by the final completion date. Final completion of this change will not be governed by the substantial completion date, but rather the project final completion date. etailed cost breakdown is attached for your use in reviewing this prol:msal. cc: Nick Cooper, M&E Unit Cost: $0.00 ' Unit Tax: $0.00 /4t'"'O ~' -" Lump Sum: $28,596.00 /N/~ / /~. ~ ,- -,/- ' ' Lump Tax: $0.00 ~'~ ~ ~ ' ' ' ~ Total: . .. ~*'.~"~': :~': ~ ~'Cc~t~t~r~,~.S~ CDM-COLL / ~'2/' ~ ~ ~-t- . .... ~ ~, -~. CONSTRUCTIONSVCS ~ ~ 'Y ': ' ~ CC DIST/FILE Aclloh ~ CO BID NO. t7-26908 cnn PN' 6295-21728 ?PROVAL: Donald L. ~ose, V.P. Adam S~olew-m~&.~,/~0.~ Date: 6/10/99 Date: I SEP 1 i 99 Ex~btm ~ Unregistered User Standard Estimate Report Page PC09801 6/10/99 1:06 PM Item Description Takeoff Qb/ Amount Amount Amount Neme Amount Amount Unit Cost Amount PCO No. 36B 1.000 ____ GEN CONDITIONS I 707 Haul Dumpster 10~ Haul Dumpster 100 haul Haul Durni3ster 285 28500 /haul 285 285 285 G~ ~CONDITIONS O O O O 285 285 S.OO0 STEEL 5 110 Struct Framing --- Angle Framing & Cut Openings 3 O0 each 1.728 675 225 876.00 /each 2,628 Steer Framing -- ~, ~2-8 6 ? ~ 2~5 2. 628 STE-EL 1,728 675 0 225 .... ~ ......... 2,62B 7.000 THERMAL-MOIST PR 7. 510 Built Up Roofing n -- Flash-in Roof Curbs 3.00 each 1,800 Crowther 600.000/each 1,800 Built UI) Roofing 1,800 ....... 1,800 THERMAL-MOIST PR 0- .... -0' ..... 1,800 0 0 1,800 9.000 FINISHES 9 900 Painting sub Paint~ng Touch-up 1 00 Isum 450 45000 /1sum 450 Painting --450 450 FINISHES 0 0 450 0 ---~- 450 15.000 MECHANICAL 15.500 H VA C n sub HVAC Subcontractor 1.00 Isum 10,010 CondAir 10,01000 flsum 10,010 HVAC 10.010 10,010 MECHANICAL ........... O- O "~O~01-0 0 0 10,010 16.000 ELECTRICAL f 6 O01 Electncal n sub Electnc. al 1 00 Isum 11,000 C~uff Stale Elecmcal - '1-~i ~00 11,000.000/1sum 11.000 11,000 E~EC:I;I~EA L ..... 0 0 11,000 0- - 0 11,000 ~ )CO No. 36B 1,728 675 23,260 225 285 26, f73 Page 2 Unregistered User i-- Standard PcoEStim'*te~ Report )f0/99 f:06 PM Partial Totals Labor 1,728 Material 675 Subcontract 23.260 Equipment 225 Other 285 2617~ 26173 Taxes & Ins On Labo~ 840 48 600 % C 6% Sales Tax 41 6 000 % C Ove~eacl & Fee 2,70,5 10 000 % T Fee Adjustmenl For Subs (1,163) {5 000) % C Partial Total 28, 596 JUL 8 'B9 6:~3 RAGE.003 Memorandum I I1~ I II I II AQUA ALUAN~ FILE: 0220l 5 DATE: July 2, 1999 TO: Adam Sobolewski, PE Camp. Dresser & McKee, Inc. FROM: Nick Cooper SUBJECT: NCKWTP Expansion PCO 36 - Generator Room Ventilation Modifications We have reviewed MJimJr's cost eslimatex PCO 36A and PCO 36B for providing ventilation fans for the generator room. We recommend acceptance of PCO 36B for $20,558. We find the estimate to be acceptable for the work proposed. The two fan option (PCO 36B) is slightly louder when both fans are operating, but operation will be on mu emergency basis, mud temporarily when the generators are exercised. The noise (about 72 dB at the mo£will be less than 60 dB at the we~ plant boundary. CONSTRUCTIoNCDM'COLLtERCO'svcsL~l JUL 2 1999 CC DIST/FtLE ACTION [ ,,Z:2, ~ ,~a./',~ ~°gC)~'~ CAMP DRESSER & McKEE ' COLLIER C0 m F ~E LO OFFICE F Ty~ f_.~. / ~7','V ~ /~ / I SEP 1 1999 07/02/99 05:41 TX/RX NO. 3078 F.uuJ · May 25, 1999 Mr. Donald Klose Vice Presider ~ralmir Construction, Inc. P,O. Box 9400-A 1617 Rowe Avem_,e Jacksonville, FI., 32208 ~ FACS~r_~ Coun:y ]3~ No, 97-2~90R CD~ ?roj~ ~o. ~295-2~ 728 CDM Doc # 1115 Request for Proposal Dear Mr. Klosc: Please provide this office wiih your cost proposal to rehabilitate the sulfuric acid cont~'_m__ment areas and structures as described, · Exterior bulk storage tank contaL,~ent area: · lKeplace the concrete support slab under the sulfi~c acid pump. · Remove the deteriorated concrete floor as necessary along the east wall and pa:ch with new concrete. · Remove the deteriorated concrete in the containment structure cast waU and patch with n~w concrete. · Remove the deteriorated concrete ha the ~rmp a~ nece~ary arid patch the sump walls and floor with new concrete. · Sandbla.~t and recoa: with acid resistant coating, the entire containment area interior concrete wall, floor, sump a~d support · Exterior sulfuric acid fill pipe sump structure: · Remove the deteriorated concrete in the floor and walls of.the box ~tructure and patch with new concrete. · Sandblast and recoat with acid resistant coating, the interior wall aad floor surfaces in the box. · Interior sulfuric acid day tank comainmeru structure: · Sandblast and recoat with acid resistant coating, all the interior wall and floor concrete surfaces of the containment structure. SEP 1 q 1999 06/17/99 09:56 TX/RX N0.305_ ' ..,,,,~ __ .IL~. 17. 1999 ~l~ Camp Eh'c.~r & tvfci¢~ Inc. Mr. Donald Klose, Vice President May 25, 1999 Page 2 Include the appropriate breakdown of labor, material, and equipment costs for the additional work, to allow evaluation of your proposal. Completion ofthis additional work is riot required by the Subsr.s. rrtial Completion milestorle date. Should you have any questions, please give me a call Very truly yours, CAMP DRESSER & MaKI:~I=. INC. Adam Sobolew~ki, P,E. cc: Peter Schalg PWED Nick Cooper, M~E Pdchazd Moore, CDM File: G-10], C--lOl.1. C-$00.1/FTIvf G-IOI.1, C-500.1/1: SEP 1 1999 06/17/99 09:56 TX/EX N0.3056 P.002 · 06/25/99 08:36 ~904 768 6494 MII.~IR CONST -~*.,-,___CD~ NAPLES ~0017010 Milmir Construction, Inc. PROPOSED CHANGE ORDER ?.o. ~ox 9~-n No. 0037A ~ ~wc A~. Phone: (~) 768-2300 ~c, ~ 32208 Fu: (~) 76~94 T~LE: Acid Cont~ent ~ ~ep~s DATE: ~25/~ PRO'CT: N. ~on~ ~ 8MGD E~an~ion JOB: 9801 TO: Atto: ~ So,lewd. P.E. CON--CT NO: 9801-~ C~p. Dr~ & M~. ~c. Naples. ~ 34108 P~ne: (941) 352-5575 F~: (941) 352-5579 RE: PCO To: CDM From: MrLM~CO Number: 0037A ..... ~ · · ~ ~ n.:'~.~,~2',7~.q...*.. ~ ~'::~ '.;,ff,~s,~.~. ~,~, :~,~..~ . ..... ~ ...... ~ ......... , ............... . . We p~ te ~b~te ~ ~c ~ ~t~i~t a~ ~d ~ ~ a~nn~ ~ ~ a~ ~ for We ~ ~ ~fi~m ~ ~ ~ pr0~ ~ ~ ~ I~y 9, 1999, ~ ~d~ ~ ~1~ a~ ~t ~ m~l and ~, bat ~ ~ ~0~ ~ ~on ~c. CO~ST~L~CT~ON S'/CS Lump Sum: $22,~2.00 CC DfST,/F~E ~CTION ( CAMP DRESS~ b McgE[ A ~cA~/~ ~b , co~u[, co. r~[~o omc[ F ~/~/./~ CO B~D NO. 97-2690R CDM PN: 6295-2~ 728 APPROVAL: By: ~ By: .--, Donald L. Klosc, V.P. Adaxn Sobotewsld. P.E. .',: 6/25/99 Date: ~- ',c,;,~,'~.~ .~ ' 1 ..... ' I .o. / 06/25/99 08:44 TX/RX NO.30~[ "--~ -- Unre;lstered (~ser Standard Estimate Report Page PC09~01 ~9 9:16 ~ EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO BONNESS, INC. TO CONSTRUCT THE PROPOSED INTERSECTION IMPROVEMENTS AT C.R. 951 AND WHITE BLVD. PROJECT NO. 69173, BID NO. 98-2886. OBJECTIVE: To gain Board approval to award the contract to proceed with the construction of Intersection improvements at C.R. 951 & White Blvd., as per certified plans to the lowest bidder, Bonness, Inc. CONSIDERATION: . Three (3) Bids were received on July 28, 1999 from Apac, Florida, Inc., Better Roads, Inc., and Bonness, Inc., for the construction of C.R. 951 & White Blvd. Intersection Improvements. The lowest bid was from Bonness, Inc., at $284,986.48 which was in line with the engineer's estimate. This contractor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is seventy five (75) calendar days. FISCAL IMPACT: Funds in the amount of $171,119 are available in Road Construction Gas Tax in project 69173. A budget amendment is needed to transfer $113,867.48 from Road Construction Gas Tax Reserves into project 69173. Source of Funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award a contract to Bonness, Inc., for the construction of the proposed Intersection improvements, Bid No. 98-2886, and authorize its chairman to sign said contract and approve the necessary budget amendment. SUBMITTED BY: 2'J0~ ~J~ z.. ~,~ DATE: Mitch Momtaz, P.E., ~roj[~t Manager Public Works Engineering Department SEP 1 q 1999 REVIEWED BY: DATE: l~Bibby, P.E., Director Public Works Engineering Department Edward'~J. Kant( P.~., Di~)ector Department of T~nsportation Ed Ilschner, Administrator Public Works Division SEP 1 ~ 1999 C.R. 951 & White Blvd. Intersection Improvements BID NO. 99-2968 ROADWAY ITEMS Estimated Item No. Description Quantity Unit Unit Price Amount 101-1 Mobilization 1 ES $ 101-1-1 Provide/Maintain "As Built" Plans I LS $ ~ ~'~ ~---$~ _ 101-1-2 Provide Construction Surveying and Layout 1 ES $ 101-1-3 Preservation of Survey Monuments I LS $ 101-2 Provide/Maintain Project Schedule 1 LS 102-1 Maintenance of Traffic I LS $/ 102-3 Commercial Matedal for Driveway Maintenance 20 TN $ 104-10 Baled Hay or Straw I TN $~ ._~'o(~ ~ $ -~00 ~- 104ol I Floating Turbidity Barder 37 LF $ 104-13 Staked Silt Fence 41100 LF $ . 110-1-1 Cleadng & Grubbing I LS 120-1 Regular Excavation 1,790 CY $ ~'7.~_.. $' I 120-6 Embankment 404 CY $ '7 160-4 Type B Stabilization(LBR40)(12"thick) 3,236 SY $ 285-705-167 Asphaltic Base Course (ABC-111) (4") 475 SY $_. 285-706-207 Asphaltic Base Course (ABC-111) (41/2") 1,430 SY 285-709-327 Aspha,tic Base Course (ABC-iii)(6") 8,3 SY 300-1-1 Bituminous Prime Coat 403 GA 300-1-3 Bituminous Tack Coat 108 GA $" ./' ~"/ 327-70-1 Milling of Existing Asphalt (1") 13.442 SY 331-72-14 Type S-I Asphaltic Concrete (1 1/2") 1,905 SY $ 331-72-24 Type S-I Asphaltic Concrete (2 1/2") 813 SY $" 333-1-1 Type S-Ill Asphalt Oveday (1") 16,066 SY $ ' 339-1 Miscellaneous Asphalt Pavement 7.5 TN' $ ,~'~'o. 400-1-2 St'raight Concrete Endwall (Class l) . 2 CY $.'. e~,e.~ $ / 425-1-541 Ditch Bottom Inlet, (Type C) (Special) (<10') 1 EA 425-8-0 Concrete Flume 5 E.A 430-11-425 Concrete Pipe Culvert (Storm Sewer) (Type IV) (18") 24 LF $ $ 430-141-003 Concrete Elliptical Pipe Culvert (Storm Sewer) (Storm Sewer) (Type II) (19"x30") 28 LF NO.~ SEP I q 1999 TR-P-2 .G. ..~ , BID SCHEDULE C.R. 951 & White Blvd. Intersection Improvements BID NO. 99-2968 ROADWAY ITEMS CONTINUED Estimated Item No. Description Quantity Unit Unit Price Amount 430-984-225 Mitered End Section (18")(RCP) 2 EA $ - . 520-1-7 Concrete Curb and Gutter (Type E) 197 LF $ 520-1-8 Concrete Curb & Gutter (Special-drop curb) 105 LF $ 520-1-10 Concrete Curb & Gutter (Type F) 613 LF $ '7 520-2-1 Concrete Curb (Type A) 134 LF $ '7 ~- $ 520-5-11 Concrete Traffic Separator (4') 430 LF $ /~,'~-~"_ $ /~/~'~ ~-- 520-70-89 Concrete Traffic Separator (4' - 10') 40 SY $ 522-1 Concrete Sidewalk 4" 70 SY $ 524-2 Concrete Slope Pavement 3.8 SY $ _5-'~--- 530-1 Rip-Rap (Sand Cement) 8.5 CY $. =~:3 ~ $ l¢~ ~ ~...~ 536-1-1 Guardrail (Roadway) 187 LF $ 536-7 Special Guardrail Posts (Steel) 5 536-90 End Anchorage Assemblies (Type Melt) 2 EA S ~'/Z~--- $ 538-1 Resetting 96 LF 575-1-1 Sodding (Bahia) 2,014 SY $ / ?"~-~ $ ~ q / ~ ':--~' ,OADWAY ITEMS TOTAL SEP 1 4 1999 TR-P -3 eG. 07/01/~ 4:32 PM (941) 597~1 15ID SCHEDULE · * C.R. 951 & White Blvd. Intersection Improvements BID NO. 99-2968 SIGNING AND PAVEMENT MARKING ITEMS Estimated Item No. Description Quantity Unit Unit Price Amount 700..40-1 RoadwayS[gn, single post, furnish and install 4 AS $ :~G~ $ ~ 5/ ~- 700-46-21 RoadwaySign, single post, relocate 3 AS 700-46-22 Roadway sign, multi-post, relocate 1 AS $ 706-1 -112 Reflective Pavement Markers, (Class B), Colorless, mono-directional) 36 FA. 706-1 -212 Reflective Pavement Markers, (Class B), (Colorless/Red) 179 EA $ 706-1-312 Reflective Pavement Markers, (Class B), (Amber, Bi-directional) 80 EA 711-3 Pavement Message, Thermoplastic 14 EA 711-4 Directional Arrows, Thermoplastic 47 EA 711-5-1 Guide Lines, Thermoplastic, White 350 LF S ' '/? $ f ~ fi' "~-'-~-' 711-5-2 Guide Lines, Thermoplastic, Yellow 385 LF 711-33 Skip Traffic Stdpe, Thermoplastic, White, 6" 1,900 LF $,, 711-35-61 Solid Traffic Stripe, Thermoplastic, White, 6" 6,993 LF $ 711-35-81 Solid Traffic Stripe, Thermoplastic, White, 8" 400 LF 711-35-121 Solid Traffic Stripe, Thermoplastic, White, 12" 550 LF $ ?.__~ $ ~z¢ _. ~. 711 -35-241 Solid Traffic S~pe, Thermoplastic, White, 24" 189 LF $ 711-36-61 Solid Traffic Stipe, Thermoplastic, Yellow, 6" 4,342 LF $ 711-36-181 Solid Traffic Stdpe, Thermoplastic, Yellow, 18" 108 LF $, , SIGNING AND PAVEMENT MARKING ITEMS TOTAL SFP 1 q 1999 TR-P-4 BOH]",IESS ~' P.O. ~ 9144)... " 597-6221 03/01/99 4:34 PM ~ (~t) 593-74l BID SCHEDULE ,-- C.R. 951 & White Blvd. Intersection Improvements ~ BID NO. 99-2968 SIGNALIZATION AND LIGHTING ITEMS Estimated _.. Item No. Description Quantity Unit Unit Price Amount 620-1-1 Grounding Electrode 110 LF . ~-.-~' 630-1-12 Conduit (Under Ground) 90 LF '7 630-1-13 Conduit (Under Pavement) 370 LF $' ~ $. ~.z~ ~.~ 632-7-1 Cable (Signal) I PI $ 635-1-11 Pull Box 11 EA. $ ~ ~'.~.~ 639-1-11 Electric Power Service I AS $ _w'?_..._~ $ . .~c 639-2-1 Electric Wire Service 140 LF 650-1-131 Traffic Signal,12" STD. (3 section, 1 way) 2 AS $ 650-1-132 Traffic Signal,12" STD. (3 Section 2 way) 2 AS $ 650-1-133 Traffic Signal, 12" STD. (3 Section 3 way) 2 AS S 653-111 Pedestrian Signal, (1 Section,1 way,12" Lens) 2 AS $ 653-112 Pedestrian Signal, (1 Section, 2 way, 12" Lens) 1 AS $ ~%t ~_~ $ ~ .~,/"c. 659-101 Signal Head Back Plate, (3 Section) 7 EA $ ,~-~-~ $ . 660-1-106 Inductive Loop Detector (Type 6) 4 EA $ ~ $ ~,~ ~C~ "'~ '.660-2-106 Loop Assembly (Type F) 13 AS 665-12 Pedestrian Detectcr Station (includes post) 3 AS 670-113-051 Actuated Solid State Controller 1 AS 690-10 Remove Traffic Signal Head Assembly 7 EA $ 690-50 Remove Controller Assembly I EA $ 690-100 Remove Miscellaneous Signal Equipment 1 AS $ ~.$~, ~ $ ~,~ 715-441-130 Relocate Existing Light Pole and Luminaire 2 EA SIGNALIZATION ITEMS TOTAL $ ~',~, ,.~ ~'// ..5'2. SEP 1 1999 '~ TR-P-5 BONNF. SS INC.. P.O. Bo~ 9140 ~/01/~ 4:35 P~ ~941)597~221 BID SCHEDULE C.R. 951 & White Blvd. Intersection Improvements BID NO. 99-2968 \ _ BID SUMMARY ._. SUBTOTAL- ROADWAY $ J/~) j '~ ~ 7 "/?~"' SUBTOTAL - SIGNING AND PAVEMENT MARKING $ ,/.Z-I ~ Y7 ~'r' SUBTOTAL-SIGNALIZATION AND LIGHTING $..,-~ '7-~'/ --- PROJECT TOTAL $_ P.O. Box 9140 {941) 597-6221 TR-P-6 F--. (941) 597-741& 07/01/99 4:36 PM EXECUTIVE SUMMARY PETITION TM 95-05 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT FOR LAKEWOOD BOULEVARD, BOCA CIEGA DRIVE AND BEECHWOOD LAKE DRIVE. OBJECTIVE: To approve TM 95-05 to allow for the installation of traffic calming devices on Lakewood Boulevard, Boca Ciega Drive and Beechwood Lake Drive. CONSIDERATIONS: The residents along Lakewood Boulevard, Boca Ciega Drive and Beeehwood Lake Drive submitted three (3) petitions to the Transportation Services Department. Workshops were held and a community traffic team was organized in accordance with the Neighborhood Traffic Management Program (NTMP). Staff performed a number of traffic studies which indicate speed and volume concerns exist. Together staff and the traffic team developed a NTMP (Attachment 1) which will consist of nine (9) speed humps on Lakewood Boulevard, four (4) speed humps on Boca Ciega Drive and four (4) speed humps on Beechwood Lake Drive. The traffic studies on Boca Ciega Drive and Beechwood Lake Drive indicated that those roads do not meet the guidelines for the severity established in the NTMP, therefore, Lakewood Community Services elected to pay for the installation of the speed humps on Boca Ciega Drive and Beechwood Lake Drive and participate one half ('h) of the cost for the installation of the speed humps on Lakewood Boulevard. Letters of "no objection" (Attachment 2) to the installation of speed humps have been received from the Sheriff's Office, Emergency Medical Services and the East Naples Fire Control and Rescue District, but all voiced concerns about an increase in response times. The estimated construction costs are as follows: 17 Speed Humps at $975.00 each $16,575,00 Signing and Markings $ 5,389.00 2 Sidewalk Connections to Roadway at $700.00 ea. $ 1,400.00 4" PVC Drainage Pipe Installation $ 100.00 Total $23,464.00 FISCAL IMPACT: The total costs for this item are estimated at $23,464.00. The County's share is estimated at $7,214.00. This will be funded from Road Construction-Gas Tax Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Direct staff to coordinate the implementation of a NTMP on Lakewood Boulevard, Boca Ciega Drive and Beechwood Lake Drive 2. Approve the County's participation for an amount of $7,214.00 Lakewood Community 3. Accept th ~ Se~icesp~xticipation/f $16,250.00 SUBMITTED BY:~ DATE: ,~5 Russ Nl'dller~ Enl~ineeFXlI 'X / / REVIEWED BY: /~. ~' ..-' 5'~-/t/ DATE: d -/t -/ / an ~' Ed Director APPROVED BY*~--~~~~~Z~~ DATE: Ed Ilschner, Public Works Administrator AG 'n'0 T } SEP lqlfl 9 ! Attachment 2 Page 1 of 3 COLLIER COUNTY C 3VERNMENT .... _, EMERGENCY SERVICES DEPARTMENT 3301 E. TAMIAMI TRAIL EMS/FIRE NAPLES, FL 34112 (941) 774-8459 FAX (941) 775-4454 A CERTIFIED BLUE CHIP COlVCMLrNITY July 30, 1999 Charles Schlitz 4618 Lakewood Blvd Naples, FL 34112 Dear Mr. Schlitz; My office is in receipt of your correspondence requesting a "Letter of No Objection" for the Lakewood Traffic Calming plan. This plan has been reviewed and the Collier County Emergency Services Department has "no obiection" to the proposed .plan However, it should be understood by the Lakewood residents that placement of speed bumps may delay the response of the Collier County Emergency Medical Services Paramedic vehicles. If you have any questions or need any additional information, please do not hesitate to contact my office. ~gg, Chief ty Emergency Services Department cc: Edward Kant, Director Collier County Transportation Department DBF4y Attachment 2 Page 2 of 3 OFFICE OF THE CHIEF ~. '"- -r~ East Naples Fire Control and Rescue District Tel# {941) 774-7111; Fax # (941) 774-1782 July 21, 1999 Mr. Charles Schlitz 4618 Lakexvood Boulevard Naples, FL 34112 Dear Mr. Schlitz: The East Naples Fire Control and Rescue District has no objection to the traffic calming program for Lakewood. However, I must remind the citizens of Lakewood that the proposed speed humps may cause a slight delay in response time to this area. Sincerely, Robert Schank Fire Chief RS/mmf SEP 1 q 1 99 Attachment; 2 Page 3 of 3 Collier County Sheriff's Office r :: .~ _.? .,. 3301 Tamiami Trail East · Building "J" Naples. FL 34112 Telephone (AC 94!) 774-4434 July 29, 1999 Mr. Charles Schlitz, Chairman Lakewood Traffic Calming Committee 4618 Lakewood Boulevard Naples, Florida 34112 Re: Lakewood Neighborhood Traffic Management Program Dear Mr. Schlitz: Staff has reviewed your request for a letter of "No Objection" for your traffic calming plan, as designed and originated by the County Transportation Department. The Sherffi's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency responses, patrol, and traffic enforcement. I must advise you that the installation of "speed bumps" can reduce emergency response time in your area. Careful consideration must be given to the design of these traffic impediments. We presume that the Transportation Department, being experts in the field, have provided an adequate design to hold reductions in response times to a minimum. Having made you aware of this, the Sheriff's Office has "No Objection" so long as the plan, either now or in the future, does not impinge on our ability to deliver services. If the Agency can be of any further service, please advise. ?- .. Sincerely, 'Dok Htmte~ gheriff Collier Couf~ty, Florida DH:GY:mc CC: File EXECUTIVE SUMMARY AUTHORIZE THE CHAIRWOMAN TO ACCEPT THE RECYCLING & EDUCATION, WASTE TIRE, AND LITTER CONTROL AND PREVENTION GRANT AGREEMENTS AND AUTHORIZE THE SOLID WASTE DIRECTOR TO SIGN THE AGREEMENTS. OBJECTIVE: To have the Board of County Commissioners authorize the Chairwoman to accept the Recycling & Education, Waste Tire, and Litter Control and Prevention grant agreements and authorize the Solid Waste Director to sign the agreements. CONSIDERATION: The Solid Waste Management Act of 1988 mandates that each county reduce its waste stream by 30 percent through recycling by the end of 1994. For the past eleven years the Florida Department of Environmental Protection has made these reimbursement grants available to aid in recycling, recycling education and waste tire removal. Additionally, in ! 993 the Florida legislature adopted a statewide 50% litter and marine debris reduction goal that was to be reached by January 1997. The State of Florida has developed a grant program providing money to establish litter prevention programs which is now in its sixth year. The Recycling & Education Grant award totals $116,135.00. Allowable expenditure of funds is for planning and implementation of recycling and educational projects for residents, businesses, schools and county entities. The categories are salary, promotion, education, remittance to the City of Naples portion, and the purchase of recycling products. The Waste Tire Grant award totals $112,453.00. Funds will be used to pay for proper disposal of illegally dumped tires, promotion of proper disposal of used tires and for the purchase of products made from recycled tires. The Litter Control and Prever~tion Grant award totals $17,500.00. Funds will be used to support Keep Collier Beautiful, a chapter in the Keep America Beautiful system. Grant applications, agreements and submittals for reimbursement will be signed by the Solid Waste Director, the authorized representative. FISCAL IMPACT: $116,135.00 - Revenue to the Recycling & Education Cost Center of the Recycling .Grant fund. $112,453.00 - Revenue to the Waste Tire Cost Center of the Recycling Grant Fund. (4) SEP I 1999 PG. / $ ! 7,500.00 - Revenue to the Litter Control and Prevention Cost Center of the Recycling Grant fund. GROWTH MANAGEMENT IMPACT: Consistent with plan, RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to accept the 1999/00 Recycling & Education, Waste Tire, and Litter Control and Prevention Grant agreements and authorize the Solid Waste Director to sign the agreements. David W. Russell, Director, Solid Waste Management Department APPROVED ~or Date: SEP 1999 Department of Environmental Protection Twin Towers Office Building Jeb Bush 2600 Blair Stone Road David B. Struhs Governor Tallahassee, Florida 32399-2400 Secretary R~CYrr.ZNG & ~DUCA~ON FOR STATE ASSTSTANCE UNDER SECTION 403.7095, FT~ORZDA STATUTES PAINT I - GFJtI~ NOTIFI~,.TION INFO--ION 1. Grant Number: RE00-09 2. Date of Award: July 1, 1999 3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT 4. Grant Period: October 1, 1999 - September 30, 2000 5. Grant Amount: $ 116,135 Rec¥clinq and Education Base Portion: $ 27,842 Incentive Portion: $ 88,293 Total Grant Amount: $116,135 6. Grantee ( s ): COLLIER COUNTY Address: 3301 Tamiami Trail East Naples, Florida, 34112 7. Federal Employer Identification Number: 59-6000558 8. Authorized Representative: Name: David W. Russell Title: Solid Waste Director Phone: 941-774-8097 9. Contact Person: Name: Joan B. Mayer Address: Recycling Coordinator 3301 Tamiami Trail East, Health/Comm. Serv. Bldg.S- Naples, Florida, 34112 Phone: 941-732-2508 10. Total population of Grantee(s) from official April 1, 1998, Population Estimates: 210,095 11. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road (850) 488-0300 "Protecz, Conserve cnw Manage Florida's Environment and Natural Resources" ~EP Pnnte~ on recycled p~er. PART II - GRANT CONDITIONS A. GENERAL CONDITIONS: 1. The method of paymLnt, for the period October 1, 1999 through September 30, 2000, will be on a reimbursement basis only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the re{mhursement request, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or quarterly). Each re{mhursement request shall be submitted in detail sufficient for pre audit and post audit review. 3. Grant funds may be expended through September 30, 2000. A final reimbursement request must be submitted no later than October 31, 2000. 4. Re{mhursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. 5. Expenditures shall be limited to allowable items as listed in Section 62-716.430 of the Solid Waste Grants Program Rule: (a) Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costs approved by the Department. (~) Grant funds may also be used for operating subsidies, provided that the applicant shall demonstrate that such a use is necessary for the success of the recycling program, and shall show how the subsidy will benefit the program. (c) Recycling grant funds shall be used for projects to assist local governments in recycling paper, glass, plastic, construction and demolition debris, white goods, and metals and in composting and recycling the organic material component of municipal solid waste. (d) Solid waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies to assess the feasibility and success of the recycling and education progr~m~. (e) Ail existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government recycling programs. Funds shall not be used for duplicating existing private and public recycling programs unless the applicant demonstrates that such existing programs cannot be integrated into the planned recycling program. ACk,DA ZTEI~ ~0.~ SEP 1 q 1999 PG · --~"m--"------~m, 'Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 7. Allowable costs may be charged to this agreement beginning either October 1, 1999, or the date this agreement is fully executed, whichever date is later. 8. Grant funds shall be included in the grantee's Annual Audit subject to the requirements of CH.216.349, F.S.. Any subgrants made by the grantee shall also include a provision for the subgranted funds to be included in the subgrantee's Annual Single Audit. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 31st of each year. 9. The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant award. 10. Grantee shall obtain all necessary construction-related Permits before initiating construction. 11. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 12. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. 13. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 14. -The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. NO. SEP 1 199g PG. Grant ~ RE00-09 OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the local government(s) of Collier County, and the cities of Naples, Marco Island, and Everglades for all allowable costs incurred up to and not exceeding $116,135. Grant Application dated 06/09/99, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: John M. Ruddell, ~irector Date Division of Waste Management In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON' BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative Date David W. Russell Solid Waste Director Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. ~ 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 SEP 1 lggg Department of Environmental Protection Twin Towers Office Building Jeb Bush 2600 Blair Stone Road David B. Struhs Gove~or Tallahassee, Florida 32399-2400 S~re~ WASTE TIRE ~RANT A~REEMENT FOR ~TATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - ~RANT NOTIFICATION INFORMATION 1. Grant Number: WT00-11 2. Date of Award: July 1, 1999 3. Grant Title: WASTE TIRE SOLID WASTE 4. Grant Period: October 1, 1999 - September 30, 2000 5. Grant Amount: $112,453 6. Grantee(s): COLLIER COUNTY Address: 3301 Tamiami Trail East Naples, Florida, 34112 7. Federal Employer Identification Number: 59-6000558 8. Huthorized Representative: Name: David W. Russell Title: Solid Waste Director Phone: 941-774-8097 9. Contact Person: Name: Joan B. Mayer Address: 3301 Tamiami Trail East Naples, Florida, 34112 Phone: 94~-732-2508 10. Total population of Grantee(s) from official April 1, 1998, Population Estimates: 210,095 11. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 'A~A IT£~ "Protect, Conserve and ~anuge ~oHda% En~mnme~ and Noturel eesou~es" $ EP I q 199g Pnn~ on recycled paper. PG. 7 PART II - GRANT CONDITIONS A. GENERAL CONDITIONS: 1. The method of payment, for the period October 1, 1999 through September 30, 2000, will be on a reimbursement basis'only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis'. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with s,,-~aries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or'quarterly). Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. 3. Grant funds may be expended through September 30, 2000. A final reimbursement request must be submitted no later than October 31, 2000. 4. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. 5. Expenditures shall be limited to allowable items as listed in Section 62-716.620 of the Solid Waste Grants Program Rule: (a) Construct or operate, or contract for the construction or operation of, a waste tire processing facility 'and equipment purchases therefore; (~) Contract for a waste tire processing facility service within or outside the county or state; (c) Remove or contract for the removal of waste tires from the ~ county, region, or state; (d) Perform or contract for the performance of research designed to facilitate waste tire recycling and to operate waste tire recycling and waste tire education programs. (e) Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities; (f) Provide incentives for establishing or expanding privately operated waste tire collection centers for the public;- (g) In addition to the use specified in paragraph (c), abate and provide mosquito control relating to waste tire sites, or other tire piles, and other waste debris sites in the county identified by local mosquito control agencies as mosquito breeding areas; (h) Perform, or contract for the performance of, enforcement and prevention activities to prevent the illegal transportation and disposal of waste tires and other solid waste; (i) Purchase materials and products made from waste tires that are collected and recycled within this state; (j) Counties with populations less than 100,000 may use waste tire grants for any purpose related to solid waste management. 6. Up to five percent of a county's grant for fiscal year 1999-00 may be used for administrative costs and planning or research studies to assess the feasibility of eligible projects within a county, or to assess the feasibility of establishing a regional waste tire program. 7. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 8. Allowable costs may be charged to this agreement beginning either October 1, 1999, or the date this agreement is fully executed, whichever date is later. 9. Grant funds shall be included in the grantee's Annual Audit subject to the requirements of CH.216.349,F.S.. Any subgrants made by the grantee shall also include a provision for the subgranted funds to be included in the subgrantee's Annual Single Audit. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 31st of each year. 10. The Department has the right to terminate a grant award and d~m~nd refund of grant funds for non-compliance with the terms of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government i~eligible for further participation in the program until the local government complies with the terms of the grant award. 11. Grantee shall obtain all necessary construction-related permits before initiating construction. 12. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 13. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. 14, The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all 'documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 15. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. 16. Each county, or'association of counties, receiving funds from =he waste tire account shall submit an annual report to the Depar~-~nt accounting for the use of such funds. N0._~~ SE? 1% 1999 PG.__ ~ ..... ~_ Grant ~ WTO0-11 OFFER~D ~CCEPT. ANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of Collier for all allowable costs incurred up to and not exceeding $112,453. Grant Application dated 06/09/99, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: ~ohn M. muddell~ ~ire~tor Date Division of Waste Management In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative Date David W. Russell Solid Waste Director Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. ~ 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 · Department of Fnvironmental Protection Twin Towers Office Building Jeb Bush 2600 Blair SI:one Road David B. Scrubs Governor Tallahassee, Florida 32399-2400 Secret~ry LZ~.-J~r~ CONTROL AND PREVE~T'rON GRANT AGI~EMENT FOR $~ ASSXSTANC~ UNDER SECTION 403.7095, FLORZDA STA:L~:,L~SS PART I - GI~.NT NOTIFZCJkT[ON INFORMATION 1. Grant Number: LC00-09 2. Date of Award: August 1, 1999 3. Grant Title: LI.~-r-.R CONTROL AND PREVENTION GRANT 4. Grant Period: October 1, 1999 - September 30, 2000 5. Grant Amount: $ 17,500 6. Grantee ( s ): COLLIER COUNTY Add,ess: 3301 Tamiami Trail East Naples, Florida, 34112 7. Federal Employer Identification NumBer: 59-6000558' 8. Authorized RepreGentative: Name: David W. Russell Title: Solid Waste Director Phone: 941-774-8097 9. Contact Person: Name: Joan B. Mayer Address: 3301 Tamiami Trail East, Health/Comm. Serv. Bldg. Naples, Florida, 34112 Phone: 941-732-2508 10. IGauing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 AGENDA IT£1~ . "Pro:ect, ~e~ and Manage Florida's ~wmnment and N~ral R.ourc~" SEP 1 ~ 1999 Pnnt~ on ~ paper. PG.. _ PART II - GRANT CONDITIONS A. GENERAL CONDITIONS: 1. The method of payment, will be on a reimbursement basis only. The effective date of this grant will be the date it is fully executed (the date it is signed by the local government authorized representative) through September 30, 2000. 2. Reimbursement requests must be signed by the designated Authorized Representative and must have an original signature (not a stamped signature). The Authorized Representative should be the same person who signed the grant application. If there is a change in the authorized representative during the grant period, the Department must be notified'of the new representative by resolution or minutes of a comission meeting. 3. The grantee shall elect to submit re{m~ursement requests on quarterly basis. An original of the reimbursement request with a summary of expenditures shall be due on the lair day of the month following the end of the quarter. Each re{m~ursement request shall be submitted in detail sufficient for pre-audit and poet-audit review. 4. Grant funds may be expended through September 30, 2000. The date appearing on the check issued for an expenditure will be the da=e used to place the expenditure in a reporting period and will be considered the date paid. A final report must be submitted no later than October 31, 2000. 5. Existing public and private programs shall be used to implement this grant program before any new program will be approved. Funds shall not be used for duplicating existing public and private litter and marine debris prevention programs unless the applicant demonstratei that such existing programs cannot be integrated into the planned litter and marine debris prevention program. Expenditures shall be limited to the following two options: OPTION 1 Grantees may spend 100% of the grant award for operating costs associated with education and prevention programs listed in section 10 and 11 of the grant application. These costs will include rent, telephone, utilities, salaries and benefits, postage, office equipment and supplies, program material and marketing. OPTION 2 Grantees may use up to 35% of the grant award for operating costs for projects to assist local governments with the removal of litter and debris. The remainder of the award not spent on removal shall be used to fund educational and prevention programs.. NO. /& {~ W) SEP ! 1999 6. Each recipient of grant funds . hall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 7. The State of Florida's performance and obligation to pay under this grant agreement is contingent u~on receipt of funds presently anticipated fro~ the Florida Department of Revenue. 8. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 9. The Grantee is prohibited from using grant funds for the pur.pose of lobbying the Legislature or a State Agency. 10. Grant funds shall be included in the grantee's Annual Audit subject to the requirements of CH.216.349,F.S.. Any subgrants made by the grantee shall also include a provision for the subgranted funds to be included in the subgrantee's Annual Single A~dit. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 31st of each year. i .... A'G~NDA IT~ ~ .o.. //_./_ SEP 1 q 1999 Grant ~ LC00-09 OFFEHANDACCEPT. ANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of Collier for all allowable costs incurred up to and not exceeding $17,500. Grant Application dated, 06/09/99, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION= John M. Rudde11, Director Date Division of Waste Management In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative Date David W. Russell Solid Waste Director Please return to: Department of Enviro~ental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. $ 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 SEP I 199 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD THREE ANNUAL BIDS NUMBER 99-2936, 99-2940, 99-2942 FOR FISCAL YEAR 1999/2000. OBJECTIVE: To award annual contracts for a variety of services and commodities to be procured in FY 1999/2000 by County departments. CONSIDERATIONS: Invitations were sent out on May 21, 1999 and opened by the County Purchasing Department on June 30, 1999, July 1, 1999 and July 7, 1999. Tabulation sheets are attached to this summary. All bids are for term agreements for services and/or commodities, and will be purchased on an as needed basis only. Costs are controlled by the operating budgets of the individual departments. The amounts shown are not intended to be fixed amounts since it is difficult to identify what type of necessity or emergency will arise to affect the ordering of these services and commodities. The initiating department has evaluated each proposal and recommendations for the coming fiscal year are listed below. However other County departments may purchase under the contracts should the need arise. Bid # 99-2936 - MILLING OF EXISTING ASPHALT ROADWAY Two (2) bids were received for Milling of Existing Asphalt Roadway. The two bidders are Better Roads and Bonness Inc. and it is requested that they be approved for award. Road & Bridge has budgeted $ 575,000 in Fund 313-163673. Bid # 99-2940 - ASPHALT AND RELATED ITEMS (Road & Bridge Section) Three (3) bids were received for Asphalt and Related Items. Better Roads, Inc., Apac Florida Inc. and Bonness Inc. are recommended for award. Orders will be placed with the lowest responsive bidder on an item by item basis. Estimated Annual expenditures and Fund Numbers for FY 1999/2000 is as follows: $325,000 in 103-163642; $572,400 in 104-163643; $186,500 in 106- 163645; and $575,000 in 313-163673. Bid # 99-2942 - PURCHASE AND DELIVERY OF CONCRETE AND METAL CULVERT PIPE Five (5) bids were received for Concrete & Metal Culvert Pipe. Hydro Conduit, Metal Culvert and U.S. Filter are recommended for award. Estimated Armual expenditure and Fund Number is $35,000.00 in 101-163620. FISCAL IMPACT: Total fiscal impact for all commodities/services covered in this executive summary for Fiscal Year 1999/2000 is $1,693,900.00 NO.~ SEP 1 zt 1999 PG. ! ~ GROWTH MANAGEMENT IMPACT: General not applicable. However; departments may utilize some contracts for CIE work performed in-house. RECOMMENDATION: That the designated vendors be awarded annual contracts for the specified bids, in the unit amounts and terms stated in the Executive Summary and the attached Tabulation Sheets, and that the Chairman be authorized to sign subsequent contracts. Further, that the County Purchasing Director be authorized to allow or disallow, price adjustments throughout the year, as provided for in the Bid Specifications as stipulated in the vendors offer. Additionally, Board approval is recommended for designated staff with approval of Purchasing Department to utilize alternate bidders/vendors as outlined above and to utilize additional vendors in accordance with the quotation process based on such factors as material/services, quality, material /service delivery and/or material/service cost. All payments will be contingent upon actual services and materials purchased. ~arry Henry, ~oad perintendent / REVIEWED BY: fi;~-, ~';~ , DATE: Director" Stephen ~. Carnell, Purchasi~ REVIEWED BY: DATE: ~(" 7' ;- - Edward J. Kant,'P:E ~/'T?~ansportation Services Director APPROVED 1~~-'~~~--~_~..~ ~ DATE: q7"_~,~; Ed Ilschr~er, Public Works Administrator Bid #99-2936 Milling of Existing Asphalt Project Title: Milling of Existing Asphalt Project Mgr: Inquiries Sent: 80 Tabulation lbr Bid: 99-2936 I,arry ilenry l)ackages Rcc: 2 Opening Date: 7-Jul-99 ITEM DESCRIPTION Bonness Bctlcr Roads 0 - 5,000 sq yd Pricc pcr scI yd $2.26 $1.70 5,001 - 15,000 sq yd Price per sq yd $1125 $1.30 15,001-25,000sqyd Price per sclyd $1,10 $1.10 25,001 sqydandup Priccpcrsqyd i :' iL05l $1.00 : ': r ' ' ' : ...... Prompt Payment Terms Net 30 Net 30 ....: Buyer: Rhonda Snell / : · Witness: Ron Precup .. ' · . · .:i ~ '" Page ) Bid #99-29,, Asphalt Relatm.. s Proiecl Tide: Asphalt & Related Items Project Mgr: Inquiries Sent 80 Tabulation for Bid: 99-2940 Larry llenry Packages Rec: Opening Date: 1-Jul-99 ITEM DESCRIPTION Belier Roads IIonness Al'AC CLASS ! -TYPE 8-I ^SPl~^LT hot Mix layed in place Naples Area Less than 200 Tons - !" thick Price per Ton $37.50 $53.01 $38.80 Hot Mix layed in place Naples Area More than 200 Tons - 1" lhick Price per Ton $26.75 $45.22 $29.87 }lot Mix layed in place Immokalee Area Less than 200 Tons - 1" thick Price per Ton $41.50 $64.27 $37.72 Hot Mix layed in place Immokalee Area More than 200 Tons - i- thick Price per Ton $26.75 $54.85 $28.28 - Hot Mix layed in place Everglades Are~ Less than 200 Tons - !" thick Price per Ton $44.00 $63.63 $46.60 Hot Mix layed in place Everglades Area More than 200 Tons - I" thick~ Price per Ton $31.50 $51.69 $35.28 CLASS I - TYPE S-II ASPIIALT Hot Mix layed in place Naples Area Less than 200 Tons - l" thick Price per Ton $36.50 $53.01 $40.31 ltot Mix layed in place Naples Area More than 200 Tons - 1" thick Price per Ton $27.00 $45.22 $29.78 Hot Mix layed in place Immokalee Area Less than 200 Tons - 1" thick Price per Ton $4 ! .00 $64.27 $39. ! 4 ltot Mix layed in place lmmokalee Area Page 1 of 7 Bid #99-2940 Asphalt Related Items IMorc fha, 200 Tons- d,ck Price per Ton I $27.501 $54.851 $29.781 ITEM DESCRIPTION ltot Mix layed in place Everglades Area Less than 200 Tons - 1" thick Price per Ton $44.00 $63.63 $53.83 llot Mix layed in place Everglades Area More than 200 Tons - I" thick I'~ icc pc,' Ton $31.50 $51.69 $36.06 (~I,ASS 1 -TYi'E ,.q-Ill ASPllAI,T ltot Mix layed in place Naples Area Less than 200 Tons - 1" thick Price per Ton $37.00 $52.37 $38.80 Itot Mix layed in place Naples Area More than 200 Tons - 1" thick Price per Ton $26.25 $44.58 $29.87 Hot Mix la},ed in place Immokalee Area Less than 200 Tons - 1" thick Price per Ton $42.00 $64.27 $37.72 Ilot Mix la),ed in place lmmokalee Area More than 200 Tons - !" thick Price pe.r Ton $26.25 $54.85 $28.28 Hot Mix la},ed in place Everglades Area Less than 200 Tons - I" thick Price per Ton $42.00 $63.63 $46.60 Hot Mix la~,ed in place Everglades Area More than 200 Tons - !" thick Price per Ton $31.00 $51.69 $35.28 CLASS 11 - TYPE S-I ASPilAI~T Ilot Mix layed in place Naples Area l,ess than 200 Tons - I" thick Price per Ton $35.00 $48.80 $40.91 Hot Mix layed in place Naples Area More than 200 Tons - 1" thick Price per Ton $26.25 $43.22 $29.64 Hot Mix layed in place lmmokalee Area Less than 200 Tons - 1" thick Price per Ton $37.00 $59.58 $39.74 Page 2 c Bid #99-29._ Asphalt Relateu ,rems llol Mix layed m place Immokalcc A~ca More lhan 200 Tons - I" lhick Price per Ton $26.25 $53.20 $28.50 ITEM DESCRIPTION llot Mix layed m place Everglades Area Less Ihan 200 Tons - i" ~hick Price per Ton $43.01') $57.26 $47.04 ltot Mix layed in place Everglades Area More than 200 Tons - 1" thick Price per Ton $31.50 $50.04 $34.62 CLASS !I - TYPE S-II ASPIIAI.T ltot Mix layed in place Naples Area Less than 200 Tons - !" thick Price per Ton $35.00 $48.80 $38.74 Hot Mix layed in place Naples Area More than 200 Tons - 1" thick Price per Ton $26.75 $43.22 $28.99 Hot Mix layed in place Immokalee Area Less than 200 Tons - 1" thick Price per Ton $38.00 $59.58 $37.57 Hot Mix layed in place Immokalee Area More than 200 Tons - 1" thick Price per Ton $26.75 $53.20 $28.99 Hot Mix laTed in place Everglades Area Less than 200 Tons - 1" thick Price per Ton $43.00 $57.26 $52.17 Hot Mix layed in place Everglades Area More than 200 Tons - !" lhick Price per 'Yon $31.50 $50.04 $35.27 CLASS II - TYPE S-Ill ASPllALT Hot Mix layed in place Naples Area Less than 200 Tons - 1" thick Price per Ton $36.00 $48.16 $40.91 ltot Mix layed in place Naples Area More than 200 Tons - I" thick Price per Ton $26.25 $41.42 $29.64 Page 3 of 7 Bid #99-2940 Asphalt Related Items .... [tlot Mix layed in place Immokalee Area I,ess than 200 Tons - I" thick Price per Ton $39.00 $59.58 $39.74 l lot Mix layed in place Immokalee Area More than 200 Tons - 1" thick Price per Ton $26.25i $53.20 $28.50! ITEM DESCRIPTION Hot Mix layed in place Everglades Area Less than 200 Tons - I" thick Price per Ton $43.001 $57.26 $47.04 llot Mix layed in place Everglades Area More than 200 Tons - 1" thick Price per Ton $31.00 $50.04 $34.62 (~LASS III JOBS - NAPLES AREA TYPE S-I Small Jobs Up to 200 Tons Price per Ton $40.00 $48.80 $50.00 Medium Jobs MORE than 200 Tons Price per Ton $32.50 $43.22 $45.80 Large Jobs MORE than 400 Tons Price per Ton $30.50 $39.32 $43.80 TYPE S-111 Small Jobs Up to 200 Tons Price per Ton $40.00 $48.16 $50.00 Medium Jobs MORE than 200 Tons Price per Ton $32.50 $41.42 $45.80 Large Jobs MORE than 400 Tons Price per Ton $30.50 $38.69 $43.80 CLASS III JOBS - 1MMOKALEE .4REA TYPE S-I Small Jobs Up to 200 Tons Price per Ton $42.50 $59.58 $49.00 , Medium Jobs MORE than 200 Tons Price per Ton $36.00 $53.20 '$44.60 ~, cr~ ~ Large Jobs MORE than 400 Tons Price per Ton $31.50 $47.21 $42.70 I~1 ~ TYPE S-Ill ~- Page 4 ~ ) Bid #99-2. ) Asphalt Relah. ,~ems Small Jobs Up to 200 Tons Price per Ton $43.0(} $59.58i $49.00 Medium Jobs MORE Iban 200 Tons Price pm Ton $35.00 $53.20 $44.60 Large Jobs MORE than 400 Tons Price per Ton $31.00 $47.21 $42.70 ITEM DESCRIPTION CI,ASS m JO!iS - EVERGI.^r)E$ TYPE S-I Small Jobs Up to 200 Tons Price per Ton $46.00 $57.26 $57.00 Medium Jobs MORE than 200 Tons Price per Ton $39.00 $50.04 $51.10 Large Jobs MORE than 400 Tons Price per Ton $34.50 $44.90 $49.00 TYPE S-Ill Small Jobs .Up to 200 Tons Price per Ton $47.00 $57.26 $57.00 Medium Jobs MORE lban 200 Tons Price per Ton $39.00 $50.04i $5 I. 10 Large Jobs MORE than 400 Tons Pric~ per Ton $33.00 $44.90 $49.00 PRIMING JOBS - NAPLES ,AREA Prime & Lean Mix Small Jobs Up to 3200 SY . $0.50 $0.35 $0.82 Medium Jobs MORE than 3200 SY $0.40 $0.35 $0.65 Large Jobs MORE than 6400 SY $0.30 $0.35 $0.65 Prime ami Sand Small Jobs Up to 3200 SY $0.40 $0.30 $0.33 Medium Jobs MORE than 3200 SY $0.30 $0.30 $0.30 Large Jobs,. MORE than 6400 SY $0.25 $0.30 $0.27 Page 5 of 7 Bid #99-2940 Asphalt Related Items PRIMING ,IOBS - IMMOKAI,EE AREA Prime & Lean Mix Small Jobs Up to 3200 SY $0.50 $0.35 $0.82 Medium Jobs MORE than 3200 SY $0.40 $0.35 $0.65 Large Jobs MORE than 6400 SY $0:30 $0.35 $0.65 ITEM DESCRIPTION Prime and Sand Small Jobs Up to 3200 SY $0.40 $0.35 $0.33 Medium Jobs MORE than 3200 SY $0.30 $0.35 $0.30 Large Jobs MORE than 6400 SY $0.25 $0.35 $0.25 PRIMING JOBS - EVERGI,ADE$ p, REA Prime & Lean Mix ,Small Jobs Up to 3200 SY $0.60 $0.35 SI.10 ;Medium Jobs MORE than 3200 SY $0.50 $0.35 $1.00 Large Jobs MORE than 6400 SY $0.40 $0.35 $ ! .00 Prime and Saml $0.50 $0.35 $0.50 Small Jobs Up to 3200 SY $0.35 $0.40 Medium Jobs MORE than 3200 SY $0.40 Large Jobs MORE than 6400 SY $0.35 $0.35 $0.35 . - OTHER ~.SPIIAI,T REI,ATED ITEMS ~ cr .~ ltot Mix at Plant Price per Ton r'r_ ~. Type II $24.00 no bid $24.65 t -~ Type Ill $24.00 no bid $24.65 ~:, \~ Page 6 c Bid #99-2f~,_ Asphalt Relate,, ,rems Type S-! $24.00 ,m bid $24.75 Type S-II $24.0(} lm bid $24.75 Type S-III $24.011 m~ hid $24.65 RS-2 No Delivery price per (;al no bid m~ bid rio bid RC-3 Price per Gal no bid no bid :no bid RC-70 No Delivery Price per (;al no bid no hid no bid SSI/MS Enmlsio!~ .No Delivery I'rice per (;al $1.25 m~ hid no ITEM DESCRIPTION Semi-Solid Price per Gal no bid no bid no bid Cold Mix~ No Delivery Price per Ton no bid no bid $48.00 Millings (previously milled asphalQ $15.00 no bid no bid No Delivery Price per Ton Prompt Payment Terms none none none Addendum?~F"'h ~,3~_~c' ,-~r-~,-a yes yes yes Buyer: Rhonda Snell Uh ~,~)""l~_-kZ/ Witness: Ruben Puente Page 7 of 7 Bid #99-2942 Purchase Delivery of Concrete Metal Culvert Pipe Project Title: Purchase & Delivery of Concrete & Metal Prqiect Mgr: Inquiries. Sent: ,, - ° 9: Cuh, ert Pipe Tabulation For Bid: 99-2942 l,arry llcnry Packages Rec: 5 O. pening Date: 7-Jul-99 HYdro Metal Contecli ! Advanced ITEM DESCRIPTION cond¢it Culverts c°nsti!:::i...U- S. Filter Drainage: ROUND · ..: : :...::: :: Approx Size 12 x 18, Round Equiv 15" . $7,05:NB NB : Approx Size 14 x 23, Round Equiv 18" :$8:60 :. :iil. NB NB :!: . :ii Approx Size19 x 30, Round Equiv 24" $12:55 . '.....i. NB NB:.: .:::.i::. Approx Size 24 x 38, Round Equiv 30" $17::50 :..:: :::::::i i: NB NB!.i ::: : Approx Size 30 x 45, Round Equiv 36" $24:80 , . : ::::: i ::i: NBNBi ii:ii i:. Approx Size 34 x 53, Round Equiv42" :. $31:65 .:. :.:.: $25.22 .= : .$25:i43i Approx Size 38 x 60, Round Equiv 48" ::$3:8i:10 ::::::::::::.' :': $31.32 . i: ili i$31:5:7 Approx Size 43 x 68, Round Equiv 54" $45i40. : :.::ii:. :' :iii ::i'i::i::i:::ii $58.91 . : iii::$59,3i8 Bands NB: . ... : :. ::::!i!: SeeNote 'SeeNote::~:: Additional bands NB::: '::' i:. :::::::::::::.: ....... ..: .::.:. See:Note:...: : '. i: :::::::::::::::::::::::: O'RINGiOVAL~PIPE ' ' :: ::: ":" '::: Approx Size 12 x 18, Round Equiv 15" . ........ Approx Size 14 x 23, Round Equiv 18" Approx Size 19 x 30, Round Equiv 24" i: :::' $:i5i00 ===? ?= ===?=== i:i.i: :i:i ======= = ======== ===== ===: Approx Size 24 x 38, Round Equiv 30" · : i :$20;75 ::i: :: Approx Size 30 x 45, Round Equiv 36" Approx Size 34 x 53, Round Equiv 42" :i:: .$39!400 :.::::::.:i::: .::i. :i:.: :i :.:. :::.:::: :::: :.: Approx Size 38 x 60, Round Equiv 48" : :: $48i10 iii i:i' ::ii: i :::i:i.i.:..]:.. Approx Size 43 x 68, Round Equiv 54" i iii:i $60i00 '. :,:!:.i i:::ii:,i!i.i i.i ii:i!'i: ii i i.i i:i i:i.i::. :: i.: Bands ,~, cr ~ Additional bands NB : :. :::::::::':' :.::.'. ".'" "..'.::: ~ ~ Page 1 ' Bid #99-2 ) Purchase Delivery of Conm, letal Culvert Pipe llydro Metal contech=: Adv:anced ITEM DESCRIPTION Condtfit' Culverts const, :' U.S. Filter :Drainage POI,YETltELYENE PIPE · . . Ridged Snper-Corrugated Smooth-Walled NB .NB NB:: : . ' 12in. Round :.:.. ...... .. $2.79 :. = $2.81 15in. Round ::':: $3.85.::::: :i:ii $3:88 18 in. Round .:...' $5.61 24in. Round : .::.. $8.86 -'.::i:$8,93 30 in. P, ound . ! !: ! $14.05 36 in. Round :::: i: : $18.02 ::: :i $!:8:!6 Bands : . :. See Note see:Note. Additional bands GALVANIZED STEEl. ':::: : ' :' :: '~':::::::::: ' · 12 Inch Round NB . ' $3.95 :: :iii: !:!:: $4!i08:! NB NB.:::::i:i::::. 15 Inch Round .: $4.90 . iii::i:i$Si08:.. .... ::::::".- 18 Inch Round : : ' ....... 24 Inch Round ::i. : : :: $7.80.:::::::::::$8;08 '!i:.:..:.i::.: ............. 30 Inch Round :::::: :::: ::!:::i $11.65 iiii! $12i!0: 36 Inch Round ....:.: :. $13.95 .i:i i iii:i.i!$il4!(50! 48 Inch Round .. :....:. $25.45 !i:i!i!iii!:ii$26i435i i::i. :'.:::i:::::..':.".' 60 Inch Round :.::: : . .:i :i :.ii: $39.75 ::::::::::::::::: :::[:::: 11" x 18" Arch Type or 12" x 17 .... .................... ." '..':.. $5.15 :i: :i: :i::::i:i:i:i:$Si;32i = 13" x 22" Arch Type or 15" x 21" :i::::. i ..:.: :.: ::: $6.10 :ii::i:::::i:!:$6i;30i .... .....=.=......' :i: ::::::::::::::::::::::: ..... 16" x 25" Arch Type or 18" x 24" ;,.:,; :,i,;,, ;i.:, :, :, :, ;; $7.45 :!:: :i:i: :i:!:i:!:$:7!;68i i::i! 18" x 29" Arch Type or 20" x 28" .: i'.: i $8.20 i: :i i:ii ii: i:i ii$Sii~0: : ====================== 22" x 36" Arch Type or 24" x 35" :: .:' $12.35 i:i:i::i:i:!:i::i$1i2:80 ' ::': : ' ~ '2 g 27" x 43" Arch Type or 29" x 42" : =: $14.65 i i:i.::: :$i5i22 i'::'!"::?::':'::'"'::: ::::: o ~ 31" x 50" Arch Type or 3Y' x 49" . :. : $23.30 i i$2~:20! · ~ ~"' Page 2 of 4 Bid #99-2942 Purchase Delivery of Concrete Metal Culvert Pipe llydro . Metal Contech :iAdvanced ITEM DESCRIPTION CondUit Culverts : Const. U.S. Filter : Drainage 36" x 48" Arch Type or 38" x 47" $26.45 · $27:50 _ 44" x 72" Arch Type or 47" x 71" $42.00 :i: ··$43,50 ~:... ::: ...... Bands See Note SeeNote Additional Bands . ASPHALT COATED GALVANIZED . :. . : .... 12 Inch Round NB: $4.50 .$4,96: NB NB!: i: .: : 15 Inch Round .... :.:: ............ i... $5.75 ::::' :$6'A:6 :" ::. ::...: 30 Inch Round : · $13.20. ::: $14;45 ':::::::;;¥:::: 36 Inch Round : :. · $15.85 :i::!:::i: $:[7i, 22: 42 Inch Round : :' $24.15 :::: .::$25~88: ::::¥:::.::::": : 60 Inch Round . ': ::::.: :-:: $42.00 ::::::::¥:::$:5::: .'. 11" x 18" Arch Type or 12" x 17" :: :::: $6.10 ::!:i:i:i: :: :.i:i i:$6~46: :::::: ::::::: :::::: ::. 16" x 25" Arch Type or 18" x 24" ::" ':::':' .' $8.50 ::! !! !!!i: ::: $!10:00 !i :!ii i.i :.i:i i.'.i. 18" x 29" Arch Type or 20" x 28" : :. ':!::: :.: :::.:.:::: $9.60 :::::::::::::::::::::::: ....:.: ::::: ::::::: :.:. 31"x 50" Arch Type or 33"x 49" : ::: i:!.::i :i! :i.:i:i'::: $25.20 : :!::!i!iii:ii $2:7i;16 36" x 48" Arch Type or 38" x 47" ":'.'.' :.:: .:.'::' $28.80 :i iiiiiii i:i:!:i$30ig0i :i:: 44" x 72" Arch Type or 47" x 71" :~:: :.~ ::;:~ :-~:::: :.: $45.35 i i ! i!i i i!i i $4i7ii9P :.:.::: :.: :.:-:.: :.: :-' ' Bands ::. ::. :.: :.: ..: See Note se¢!N0te iii:i:i:iii :::::::::::::::::::::::::: ...... ....... .,,', .............. ::::: .-:-..:. ¥.¥.-..' .'.'.:! ~ ,._.., : Page 3' Bid #99-2 ) Purchase Delivery of Conc, )letal Culvert Pipe ) ITEM DESCRIP'FION llydro Metal C°ntecll U.S. Filter Advanced Condllit Culverts C°nst. Drainage ALUMINUM : 12 Inch Round NB $5.05 $5:24 NB :NB - . 15 Inch Round $6.15 $6:50 : . · 18 Inch Round $7.45 $:7:88 24 Inch Round $9.80 $10.50 ::' : 30 Inch Round $15.15 $16~30 36 Inch Round $18.20 $'19i90 ': 42 Inch Round :. : $29.40 .. ..... $~.1:50 .::... 48 Inch Round $33.50 $36:50 : :.:: :." 60 Inch Round $53.55 1558,00 :: :: : 11" x 18" Arch Type or 12" x 17" $6.15 $6:84 · 13" x 22" Arch Type or15" x 21" .: :: $7.40 'i:i$8/28 ':::::: ::: :"' 16" x 25" Arch Type or18" x 24" . $8.55 :::':::$9,08 ':': 18" x 29" Arch Type or 20" x 28" $9.80 : :::$11!i20 27" x 43" Arch Type or 29" x 42" $18.15 :::: ::: :$2:[;00 :: :.:: :. '.: :. :.'. 31" x 50" Arch Type or 33" x 49" $29.40 . .::!:::: ::$33120 '!ili i: :.: 36" x 48" Arch Type or 38" x 47" Additional Bands : . ..:. :.:::::: :.: ::::::..'. Prompt Payment Terms 2 5::Days: :i. Net 30 Net30 : i:: :.::iNet )0 e, co ~ Witncss: Ron Precup · · ....... . .. .... EXECUTIVE SUMMARY AWARD INTERSECTION IMPROVEMENT CONSTRUCTION CONTRACT UNDER THE COUNTY'S ROADWAY CONTRACTING SERVICES CONTRACT # 98-2905, IMMOKALEE ROAD-OIL WELL ROAD INTERSECTION IMPROVEMENTS, PROJECT # 66065. WORK ORDER # RCS-99-HRB-01. OBJECTIVE: Obtain Board approval to award a high priority intersection improvement construction project to the firm of Harper Bros Const, Inc. under the Roadway Contracting Services Contract (98-2905), Work Order # RCS-99-HRB-01. CONSIDERATIONS: Four (4) firms: APAC Florida, Inc., Better Roads, Inc., Bonness, Inc., and Harper Brothers, Inc., were requested to submit price quotations for improvements to the Intersection of Immokalee Road and Oil well Road. Proposals were received from three of the four firms, Better Roads, Inc., Bonness, Inc., and Harper Bros Const, Inc. The lowest price quote belonged to Harper Bros Const, Inc. at $199,671.45. Better Roads' and Bonness' price quotes were $231,274.00 and $261,559.06 respectively. The engineer's estimate was $208,000.00, which is in line with Harper's quote. This contractor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is ninety (90) calendar days. tax lSCAL IMPACT: Funds in the amount of $199,671.45 are available in Road Construction gas es for this project. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the award of Immokalee Road-Oil well Road Intersection Improvements, Project # 66065 for a total of $199,671.45 Work Order # RCS-99-HRB-01 to the Iow bidder, Harper Bros Const, Inc., and authorize the Chairwoman to execute the Work Order. Mitch Momtaz, P.E., Project Manager Public Works Engineering Department / Page 2 ~feff Bibby, P.E., DiKector Pub' rksEn ' ' D ment ~u~V//~o ~ ~~p~./~rtment REVIEWED BY: ~ffg~44~ ~ Edw~d J. rat,~i~eCtor" ~~ ~2 Dep~ment ~PROVED BY~~ Date: Ed Ilsc~er, Administrator Public Works Division Attachments: Work Order # RCS-99-HRB-01 AG[ 0 i £ #0. ~_~~ SEP 1 q 1999 WORK ORDER # RCS-99-HRB-01 Agreement for Roadway Contracting Services Dated: March 9, 1999 (RFP 98-2905) This Work Order # RCS-99-HRB-01 is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Immokalee/Oilwell Intersection Improvements (Project No. 66065) The work is specified in the proposal from Harper Bros Const, Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # RCS-99-HRB-01 is assigned to Harper Brothers, Inc. Scope: Contractor is to supply labor and material and complete the turnkey construction of roadway intersection improvements in accordance with the plans and specifications as prepared by Hole, Montes and Associates, Inc. identified as Oilwell Road/Immokalee Road, Project No. 66065. Schedule of Work: All work is anticipated to be completed in 90 calendar days. Compensation: In accordance with Item 13 of the Agreement, the County will compensate the Firm, upon completion of the work, in accordance with the Bid Schedule received on August 23, 1999, showing a Project total of $199,671.45. Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order. Mitch Momtaz, P.E., Project Manager Public Works Engineering Department D:reff Bibby, P.E., Director Public Works Engineering Department SEP I 4 1999 P.%e 2 ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. qrock, Clerk Collier County, Florida By: By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency: s~istaXi~t County .~ttomey ' ATTEST: By: t.~~ '~;z,~..__ .... (Corporate Secretary) Signature and Title By: CORPOtLATE SEAL Typed Name and Title (or) wi'{ness~'~' (2 ~ . Signature /~/; d;...~/'~ Signature (Print Name) (Print Name) SEP 1 4 1999 OIL WELL ROAD / IMMOKALEE ROAD ! ITEM NO. ITEM DESCRIPTION ESTIMATED UNIT QUANTITY UNITS PRICE AMOUNT 101-1 Mobilization 1 LS 101-1-1 Provide "As Built" Plans 1 LS ~' 101-1-2 Construction Survey 1 LS 101-1-3 Preserve Survey Monuments 1 LS 101-2 Provide & Maintain Project Schedule I LS 102-1 Maintenance of Traffic 1 LS 104-10 Baled hay or straw 80 EA -~-.~ '-~',~,~,~::~ =104-13 Staked silt fence 6,870 LF '~.--:'~ i 3"2,~..~- 110-4 Removal of Existing Pavement 133 SY -120-1 Regular Excavation 4,388 CY 120-6 Embankment 3,488 CY 160-4 Type B Stabilization - 12" 4,769 SY 285-706-201 Limerock Base - 8" 4,769 SY 300-1-1 Bituminous Prime Coat 477 GA 300-1-3 Bituminous Tack Coat 573 GA 331-72-10 Type S-Ill - 1" 14,319 SY '2. 331-72-20 Type S-I - 2" 3,187 SY ~'q'9 ~'7~-h~ '¢~ 425-1-201 Inlets (Curb) (Type g) 2 EA '425-1-331 Inlet (Type 3) I EA ?-~-oo'°° -~---'¢o,o '~:~ 425-1-521 Inlets (Type C) 2 EA 430-141-002 Concrete pipe Culvert 14" x 23" 5 LF ~-'-'~ '~oo-'~ 430-144-103 C0nc. Pipe Culvert. 19" x 30" 132 LF 430-982-402 Mitered E.S. 14" x 23" 1 EA 430-984-403 Mitered E.S. 19" x 30" 2 EA 520-1-10 Type "F" C & G 217 LF 520-2-1 Type "A" C & G 130 LF 522-! Concrete Sidewalk 4" 882 SY ¢...~ .o~.~ / ~-~-~_=-c~ 530-1 Rip Rap (Sand Cement) 2.7 CY '~' 530-3-4 Rip Rap (No. 3 Ag.) 1 LS 570-2 Seeding and Mulch 17,854 SY o- -:: . .,..~4.~'>~- '~'o 570-5 Fertilizer 0.19 TN ~,-_.-~-~ 570-9 Water for Grass 13.2 MG 575-1-1 Sodding (Bahia) 1,779 SY TOTAL lqc:f (~71,4-% ,¢~,.,~-; , ~ -~,.,.,--r EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE LEWIS ENVIRONMENTAL SERVICES, INC. FOR ENVIRONMENTAL CONSULTANT SERVICES FOR CLAM BAY INTERIOR TIDAL CREEKS PHASES II & IH AND APPROVE THE NECESSARY BUDGET AMENDMENT. OBJECTIVE: That the Board of Collier County Commissioners approve Lewis Environmental Services, Inc. for environmental consultant services for Clam Bay Interior Tidal Creeks Phases II & III and approve the necessary Budget Amendment. CONSIDERATIONS: 1. On September 15, 1998 the Board of Collier County Commissioners approved a proposal from Lewis Environmental Services, Inc. providing consultant services for Phase ! of the Clam Bay Interior Tidal Creeks as outlined in the Clam Bay Restoration and Management Plan. The construction for Phase I is currently underway and is expected to be completed in October 1999. Outlined in the Restoration and Management Plan are additional Phases II & III which were included in the Lewis Environmental Services, Inc. proposal which was presented to the Board for award of Phase I, but approval for the services for Phases II & III were not requested for approval at that time. Staff and the MSTBU Advisory Committee is now recommending that the additional phases be completed as outlined in the Management Plan. 2. Lewis Environmental Services, Inc. is the consultant having worked on both Phases I and similar interior channels constructed in 1996 in the Clam Bay System. As additional Phases II & III will require some interface with existing channels, knowledge of the Clam Bay System is important. Consultant's historical knowledge of the system will allow the preparation of the plans and specifications to proceed in a more efficient manner, thus allowing for an earlier construction date. Earlier construction could be beneficial to some recently identified areas of stressed mangroves within the Clam Bay System. In addition, historical knowledge by the design consultant will help to assure a more affective design of the proposed channels. Therefore, staff recommends that LeWis Environmental Services, Inc. be approved for the consultant services for Clam Bay Interior Tidal Creeks Phases II & III. 3. Funds are not available in the Clam Bay Interior Tidal Creeks Cost Center, however, funds are available in the Clam Pass Main Channel Cost Center in General Improvements all in the Clam Bay Fund. Therefore it is requested that a Budget Amendment for $85,635.00 be approved transferring these funds from Clam Pass Main Channel Cut IV General Improvements to Clam Bay Interior Tidal Creeks under Engineering Fees. ~EuDA t'rE~ ,o. ~, t'~.'~e9 SEP I 1999 FISCAL IMPACT: The fiscal impact for the recommended increase is $85,635.00. Pelican Bay Services would fund 50% with Funds available in the Clam Bay Restoration budget the remaining 50% would be funded by WCI Communities on a reimbursement basis per the agreement approved by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Collier County Commissioners approve Lewis Environmental Services, Inc. for environmental consultant services for the Clam Bay Interior Tidal Creeks Phases II & III and approve the necessary Budget Amendment. /James P. Ward ,~( .,, Department Director Steve ~arnell Purchasing Director Ed Ilschner, Administrator Public Works Division AGENDA I TE~I. No ,~ SEP I 1999 Pg ~ Lewis Environmental Service= Inc. FAXMEMO To: Kyle Lukasz, Pelican Bay Services Division, Collier County Government From: Robin Lewis, Lewis Environmental Services, Inc. (LES) ~ ~ ~ Date: March 14, 1998 Re: Revised Proposal for Professional Services, Phases 1, 2 and 3 Restoration, Clam Bay As referenced above, this proposal covers professional services related to final design and construction of all three phases of the internal mangrove drainage channels consistent with the Clam Bay Restoration Plan as permitted by the Florida Department of Environmental Protection and the U. S. Army Corps of Engineers. It is a revision to a previous proposal submitted on October 28, 1997 and reflects our phone conversations with Dorothea Zysko on March 13, 1998. The total, not-to-exceed cost estimate is $146,080 with $60,450 estimated for Phase 1, $50,000 estimated for Phase 2, and $35,630 estimated for Phase 3. The cost differential between phases reflects the fact that the layout and final design of the first phase necessitates the careful delineation of the adjacent phases as boundaries, and requires the establishment of access corridors and methods of construction that will not have to be repeated in later phases. I appreciate your forwarding me a copy of the detailed proposal breakdown format provided by Steve Means. It is not possible for me to provide a similar breakdown since the work proposed is only my best estimate of the time required. We are willing to commit to these numbers as not-to-exceed, as we have in previous proposals, but I cannot guarantee that we won't request a shift of funds from one category to another as the project proceeds. We will not bill more than these numbers, and likely will bill less, since they are not lump sums, but are billed only as actual hours and costs are incurred. It is the nature of the work tasks that require a great deal of hand-holding on our part, and we cannot easily predict exactly how many hours it will require to supervise a crew that may vary each day from 4-8 people in 1-3 locations at one time. Mr. Dennis, who has previously successfully supervised the crews that completed the current very functional drainage system, not only must supervise and report accurately the hours worked and work completed, but must demonstrate the techniques to be used and assist in the work itself as crew size varies from day to day. In addition, we have discussed with Dorothea the need to beginning training one of her staff so that some future portion of the work can be reviewed by someone resident in Naples instead of the need to always have someone from LES drive to Naples. I have no problem with this and acknowledge that it is our s~[n0A responsibility to help reduce the overall cost of the restoration, where appropriate, witl~St(P SEP 1 1999 Page 2 compromising the quality of the final work product. With this in mind, we have eliminated $6,750 in expenses in Tasks 3 and 4 which brings the total cost of supervision of these tasks very close or equivalent to that estimated by Wilson Miller, given that their estimate was for 200 hours of stafftime and my estimate for Mr. Dennis was for 40 hours in Task 3 and 370 hours in Task 4 (total 410 hours). Please feel free to contact Mr. Dennis or myself if any additional questions arise. A detailed description of the Phase 1 proposal follows: Task (1) complete a final design, including field identification and staking (2) assist with the preparation of a scope of services, request for bids and review bids for the necessary labor and materials to complete the mangrove drainage channels under the supervision of LES, (3) attend and participate in any required Division coordination meetings, prebid or preconstruction meetings, (4) supervise the selected contractor in the performance of the required work in accordance with the issued permits, including any preconstruction notifications, and provide the District and the Construction Engineer with daily reports of man-power participating, hours worked and work completed in order to insure proper payments for work performed and solve any problems encountered during construction and, (5) document through photography and the above referenced reports the final completion of all work and prepare a final report to the District and the Construction Engineer describing the work performed, the time frame and any changes required by on- site conditions. This task includes preparation of the Second Annual Report for the project as a whole, including all data from the other project participants. Cost Proposal Task 1. Final Design - Phase 1 Personnel R. Lewis, 40 mh X $125 $5,000 R Dennis, 80 mh X $60 4,800 S. Skidmore, 20 mh X $60 1,200 S. Portz, 20 mia X $35 700 Expenses 15 days meals and lodging X $135 2,025 Mileage - 2500 mi X .35 875 Subtotal # l $14,600 Page 3 Task 2. Bid Preparation and Review Personnel R. Lewis, 10 mh X $125 $1.250 R Dennis, 20 mh X $60 1,200 S. Portz. 10 mh X $35 350 Expenses Federal Express 50 Subtotal #2 $ 2,850 Task 3. Meetings Personnel R. Lewis. 40 mh X $125 $5,000 R Dennis. 40 mh X $60 2,400 S. Portz, 20 mh X $35 700 Expenses Mileage - 2500 mi X .35 875 Subtotal #3 $ 8,975 Task 4. Supervise Work Personnel R. Lewis. 30 rnh X $125 3,750 R Dennis, 370 mh X $60 22.200 S. Skidmore, 20 mh X $60 1,200 S. Portz. 50 mh X $35 1,750 Expenses Mileage - 2500 mi X .35 875 Subtotal ~4 $29.725 Page 4 Task 5. Final Reporting Including Second Annual Report Personnel R. Lewis, 10 mh X $125 $1,250 R Dennis, 40 mh X $60 2,400 S. Portz, 10 mh X $35 350 Expenses Federal Express 50 Film Processing 250 Subtotal #5 $ 4,300 Total $60,450 It is assumed that Phases 2 and 3 will include the same tasks as outlined in more detail above. Preparation of the 3~d, 4th and 5~ Annual Reports, including data from other project participants is included in Tasks 10 and 15. Task 6. Final Design - Phase 2 Personnel R. Lewis. 20 mh X $125 $2,500 R Dennis, 40 mh X $60 2,400 S. Skidmore, 10 mh X $60 600 S. Portz, 20 mh X $35 700 Expenses 15 days meals and lodging X $135 2,025 Mileage - 2500 mi X .35 875 Subtotal #6 $ 9,100 Task 7. Bid Preparation and Review - Phase 2 Personnel R Dennis, 10 mh X $60 600 S. Portz , 5 mh X $35 175 Expenses Federal Express 50 Subtotal #7 $ 825 5EP ! 1999 Page 5 Task 8. Meetings Personnel R. Lewis, 20 mh X $125 $2,500 R Dennis, 20 mh X $60 1,200 S. Portz, 10 mh X $35 350 Expenses 5 days meals and lodging X $135 675 Mileage - 1500 mi X .35 525 Subtotal #8 $ 5,250 Task 9. Supervise Work - Phase 2 Personnel R. Lewis. 10 mh X $125 1,250 R Dennis, 370 mh X $60 22,200 S. Skidmore. 10 mh X $60 600 S. Portz, 40 mh X $35 1,400 Expenses 40 days meals and lodging X $135 5,400 Mileage - 2500 mi X .35 875 Subtotal #9 $31,725 Task 10. Final Reporting Personnel R. Lewis, 10 mh X $125 $1,250 R Dennis, 20 mh X $60 1,200 S. Portz, 10 mh X $35 350 Expenses Federal Express 50 Film Processing ~ 250 Subtotal #10 $ 3,100 AGENDA Total $50,000 No,/~ S EP 1 lOgO Page 6 Task 11. Final Design - Phase 3 Personnel R. Lewis, 5 mia X $125 $ 675 R Dennis, 20 mh X $60 1,200 S. Portz, 20 mh X $35 700 Expenses 5 days meals and lodging X $135 675 Mileage - 1,000 mi X .35 350 Subtotal # 11 $ 3,600 Task 12. Bid Preparation and Review - Phase 3 Personnel R Dennis, 10 mh X $60 600 S. Portz, 5 mh X $35 175 Expenses Federal Express 50 Subtotal #12 $ 825 Task 13. Meetings Personnel R. Lewis, 10 mh X $125 $1,250 R Dennis, 20 mh X $60 1,200 S. Portz, 10 mh X $35 350 Expenses 3 days meals and lodging X $135 405 Mileage ~ 1000 mi X .35 350 Subtotal #13 $ 3,550 Task 14. Supervise Work - Phase 3 Personnel R Dennis, 300 mh X $60 18,000 W. Skidmore, 10 rnh X $60 600 S. Portz, 20 mh X $35 700 Expenses 35 days meals and lodging X $135 4,725 Mileage - 1500 mi X .35 525 Subtotal #14 $24,550 1 1999 P9 Page 7 Task 15. Final Reporting Personnel R. Lewis, 10 mh X $125 $1,250 R Dennis, 20 mh X $60 1,200 S. Portz, 10 mh X $35 350 Expenses Federal Express 50 Film Processing 250 Subtotal #15 $ 3,100 Total $35,635 Grand Total $146,080 cc: Sherry Portz Ray Dennis Lark Holden Dorothea Zysko Proposal #98001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STAFF SELECTION OF FIRMS AND AWARD AGREEMENTS WITH FIRMS FOR THE FIXED TERM MECHANICAL/ELECTRICAL ENGINEERING SERVICES (RFP #99-2929). OBJECTIVE: To continue the program of establishing agreements with several mechanical/electrical engineering firms. CONSIDERATION: Annual contracts for mechanical/electrical engineering services have been utilized as authorized by the Board of County Commissioners for the past several years. This program is to award fixed term contracts for a two year period in accordance with the County Purchasing policy. Authorization of a Staff Selection Committee was given on April 28, 1999 to review, evaluate and rank proposals from mechanical/electrical engineering firms, and to negotiate agreements with the top ranked firms. RFP 99-2929 was issued, and five (5) responses were received on June 4, 1999. (The Selection Committee authorization letter and ranking matrix are submitted with this document.) The Committee ranked the five firms as follows: 1. Tilden Lobnitz Cooper, Inc. 2. Anchor Engineering Consultants, Inc. 3. Bosek, Gibson and Associates. 4. H.J. Ross Associates, Inc. 5. Pelican Engineering Consultants, Inc. The significant factors pertaining to the short list firms were experience with similar projects, good solid standing/all work done in-house and well thought out Project Management Plan. It is the recommendation of the Selection Committee that contracts be made with the top two firms. Upon approval by the BCC, negotiations will commence with the two top- ranked firms. Should these negotiations be discontinued for any reason, negotiation with the third ranked firm will commence. This process will continue until a contract is executed between Collier County and the successful firms(s). Work assignments under these agreements are by a Work Order and Purchase Order. Work Order requests by a County agency include a Scope of Work agreed to by the County and the Professional firm. Assignments under $25,000 will follow purchasing regulations being implemented with approval by the Department Director and an approved purchase order. Work orders over the $25,000 threshold require BCC approval. SEP q t999 PG I , Executive Summary Fixed Term Mechanical/Electrical Engineering Services (RFP//99-2929) Page Two f~,,,FISCAL IMPACT: Funding for Mechanical/Electrical Engineering Services under these agreements shall be provided by each user Division, and contracted, by a Work Order and purchase order funded by the using agency. GROWTH MANAGEMENT IMPACT: This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of two engineering firms and authorize staff to negotiate with the recommended firms. SUBMITTED By:-,~,,:..~.¢~..~...~{/- Date: ~/~ ~ Jul~--_-_~armes Minor, P.E., Senior Project Manager Public Works Engineering Department (x ,/ '--y-- × ,'5 . REVIEWED BY;.--z~x,, '' '"'' "/ '/;~'- Date: ?//? ?' (.~eff Bibby, P.E., Director Public Works Engineering Department Stev~'C~arnell, i(iirector of Purchasing/General Services APPROVED ~ Date: Ed Ilschner, Administrator Public Works Administrator COLLIER COUNTY PUBIC WORKS ENGLNEERING DEPARTMENT MEMORANDUM '99 Date: April ,.~. 1999 To: Robert F. Fernandez. County Administrator Through: Ed Ilschner. Administrator ,Z~'~'"" Public Works DMsion ' ' From: July C. Adarmes Minor. P.E. Public Works Engineering Department Appointment of Selection Committee to Review Propesat for Mechanical/Electrical Engineering Se~'ices to be used on an as needed basis In accordance with Section VII.B.3 of the countx Purchasing Policy, I have reviexved the proposed membership for a Member Selection Committee as listed beiox~ and request your authorization to appoint this Committee for the pu~ose of reviexving the referenced Request for Proposals. The Commi~ee shall include the tblloxxing members: JeffBibby. P.E.. Director, PWED Paul Manausch, Director, Water Department Ron Dillard, Project Manager II, PWED Bill Flynn. Construction Inspection Supen'isor, PWED Bob Pierce, Project Manager I, Facilities Department The Commi~ee will review the proposals received and submit a recommendation to the Board of Count' Commissioners. Upon selection of thc best proposal by the Board, staffwill negotiate a contract for subsequent Board approval. Upon your approval, please fo~arfl this request to the Purchasing Depa~ment. Your prompt a~ention to this ma~er is appreciated. Commi~eeappointed ~ '~ ~] and empowered by: Robeff Feman~zL~¢ ~i~ strator Date ...... JA~sc/ff~m.eJ I .o. SEP 1999 RANKING MATRI; REQUEST FOR PROPOSAL #~J9-2929 "Fixed-term Mechanical/E~ectrical Engineering ~rvices" SELECT[ON COMMI~EE FINAL R~KING ST~DINGS NUMBER OF NUMBER OF NUMBER OF NUMBER OF NUMBER OF NUMBER OF NUMBER OF NUMBER OF SUM OF 1st P~CE 2~ P~CE 3rd P~CE 4th P~CE 5th P~CE ~h p~CE P~CE PLACE RANKING NAME OF RRM R~NGS RAN~NGS RAN~NGS ~KINGS R~KINGS RAN~NGS R~KINGS RAN~NGS SCORING i . '.. --. :; :. SELECTION GOMMI~EE FiNaL ~NKING FIRM F~RST ~ ~ C SECOND ~ ~ ~ 0 ~ ~ THIRD ~ G ~ ~ Sel~~ee Member's S~ature Date ,~ score ~ de~ed b~ m~[~l~; ea~ Ia p~ce ~n~ b~ six ~i~ (6) ~ ra~; b~ four (4) ~ia~ e~ The ~ ~; o~r ~ de~ b~ the ~b~ ~ lowest ~ s~ri~ to~b, EXECUTIVE SUMMARY APPROVE RENEWAL OF THE UPLAND SAND AGREEMENT WITH BONITA GRANDE SAND COMPANY AND AUTHORIZE PAYMENT OF THE ANNUAL STOCKPILING FEE. OBJECTIVE: To obtain approval for renewal of the Agreement for the production and stockpiling of 50,000 cubic yards of beach compatible fill material and to obtain authorization for payment of the annual stockpiling charge of $36,500.00. CONSIDERATIONS: On August 26, 1997, the Board of County Commissioners approved an Agreement with Bonita Grande Sand Company for the production and stockpiling of 50,000 cubic yards of beach compatible fill material. Subject to approval by the Board of County Commissioners, said Agreement provided for renewal of same on an annual basis with the provision for an annual stockpiling charge of $36,500.00. Due to the fact that 50,000 cubic yards of this material remains stockpiled at the site specified in the Agreement, it is now necessary to renew this Agreement in accordance with provisions for same contained in the original Agreement. FISCAL IMPACT: The cost of the annual stockpiling charge associated with renewal of this Agreement was included in the TDC Funding Application which was approved by the Board of County. Commissioners on August 4,1998 [Agenda Item 8(B)(I)]. Funds in the amount of $36,500.00 have been appropriated as a result of said approval. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve the renewal of the Agreement with Bonita Grande Sand Company for the production and stockpiling of 50,000 cubic yards of beach compatible material. 2. Authorize pa3ment of the annual stockpiling charge in the amount of $36,500.00. SUBMITTED BY: ~/,,~-~~ Date: - l(~arold E. Huber, Project Manager III Public Works Engineering Department ~ " I-~ Date: ~Jeff Bibby, P.E., Direc~r Public Works Engin~hng Depa~ent APPRO~D BY~ ~ Ilsc~er, Director Public Works A~inistration EXECUTIVE SUMMARY APPROVE TWO RESOLUTIONS AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A HIGHWAY BEAUTIFICATION GRANT APPLICATION AND ATTENDANT AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR EAST U.S. 41 LANDSCAPE IMPROVEMENTS. OBJECTIVE: Board adoption of two Resolutions for the U.S. 41 Phase "B" landscaping project, therein authorizing the County Administrator to process and execute a beautification grant application and related agreements with the Florida Department of Transportation (FDOT). CONSIDERATIONS: As authorized and directed by the Board on 3 August 1999 [Agenda Item 8(B)6], staff is proceeding with final design activities for landscape improvements along East U.S. 41 between Davis Boulevard and Rattlesnake Hammock Road. Consistent with Board stipulations, this 2.9 mile highway landscape project is being implemented in two distinct construction phases: · Phase "A" as the first construction segment: Davis Boulevard to Airport-Pulling Road (1.2 miles) having a planned construction start of May 2000; and · Phase "B" as the second construction segment: Airport-Pulling Road to Rattlesnake Hammock Road (1.7 miles) having a planned construction start of January 200 I. The Board further declared that only the Phase "B" landscape segment shall be submitted to the Florida Highway Beautification Council (FHBC) for grant award considerations in the maximum amount of $200,000. A standard form grant application will be submitted to the FHBC by staff prior to the 1 February 2000 closing date. Following the favorable award of grants during July 2000, Collier County will need to enter into grant and maintenance agreements with FDOT. Chapter 14-40 of the Florida Administrative Code requires the Board passage of a Resolution approving the grant application and authorizing the County Administrator to execute agreements and documents associated with the grant request. The attached two Resolutions fulfill this state requirement. (<~x-,FISCAL IMPACT: There is no direct fiscal impact associated with this staff report. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That,the B~r~of,_,~ County Commissioners approve the attached two Resolutions for the U.S. 41 Phase.~x~scaping project, and direct the Board Chairwoman to execute ~UBMITTED BY:vlad~M~/~ro~t M'~~nager iii Date: Public Works Engineering Department ~e'~f ~'ibby, P.E., Direct~ ~~epattnient APPROVED BY.~'' Date: Ed Ilschner, Administrator Public Works Division _ .-, I RESOLUTION NO. 99-~ 2 3 A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS 4 OF COLLIER COUNTY, FLORIDA, AUTHORIZING ]'tiE COUNTY 5 ADMINISTRATOR TO APPLY FOR A HIGHWAY 6 BEAUTIFICATION COUNCIL GRANT FROM THE FLORIDA 7 DEPARTMENT OF TRANSPORTATION FOR PHASE "B" MEDIAN 8 AND ROADSIDE LANDSCAPING IMPROVEMENTS ALONG S.R. 9 90 (U.S. 41, TAMIAMI TRAIL) FROM C.R. 31 (AIRPORT- 10 PULLING ROAD) TO C.R. 864 (RATTLESNAKE HAMMOCK 11 ROAD); PROVIDING AN EFFECTIVE DATE THEREOF. 12 13 WHEREAS, tile median and roadside areas within the State of Florida Department 14 of Transportation, S.R. 90 (U.S..41, Tamiami Trail) right-of-way between C.R. 31 15 (Airport-Pulling Road) and C.R. 864 (Rattlesnake Hammock Road) are capable of 16 receiving and sustaining landscape beautification improvements; and, 17 18 WHEREAS, on August 3, 1999, as Agenda Item 8(B)6, the Board of County 19 Commissioners approved a project sequence and timing plan for implementing landscape 20 beautification improvements along S.R. 90 between S.R. 84 (Davis Boulevard) and C.R. 21 864 in two (2) distinct and separate phases: Phase "A' is the initial segment, between S.R. 22 84 and C.R. 31 ( approximately 1.2 miles) to be constructed wholly with Collier County 23 funding; and Phase "B" which is contemplated for grant application processes, being 24 designated as the second segment, between C.R. 31 and C.R. 864 (approximately 1.7 25 miles); and, 26 27 WHEREAS, the Board of County Commissioners and thc County Administrator 28 desire that Collier County commence construction of Phase "B" landscape beautification 29 improvements during Fiscal Year 2001, subsequent to closure of the July 2000, grant 30 award cycle by the State of Florida }tighway Beautification Council; and 31 32 WHEREAS, the Board of County Commissioners, by adoption of this Resolution, 33 authorize the County Administrator to apply for a Highway Beantification Grant for Phase 34 "B" landscape improvements through the Florida Department of Transportation. 35 36 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF COLL1ER COUNTY, FLORIDA, that: 38 39 1. The Board of County Commissioners of Collier County, Florida, hereby 40 direct and authorize the County Administrator to prepare and submit the necessary grant 41 application and support documeutation to the State of Florida tlighway Beautification 42 Council for S.R. 90 Phase "B" landscape improvements in accordance with procedures set 43 forth under Chapter 14-40, Florida Administrative Code. 44 45 2. Thc Clerk to the Board of Coonty Commissioner is hereby directed to 46 forward a certified copy of this Resolution to the Florida Department of Transportation 47 Bartow, Florida, as part of the Highway Beautification Council Grant application 48 submittal. 49 50 3. This Resolotion shall take effect immediately upon adoption. 51 52 ADOPTED this ...... day of September , 1999 after lnotioll, second and majority 53 vote favoring same. 54 55 56 ATTEST: BOARD OF COUNTY COMMISSIONERS 57 DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA 58 59 By: By: 60 PAMELA S. MAC'KIE, Chairwoman 61 62 Approved as to form and legal sufficiency: 63 66 Thomas C. Pahner 67 Assistant County Attorney AG£N~A LT£FI x 1 .o. Itt_ SEP 1 q 1999 1 2 3 4 RESOLUTI(}N NO. 99- 5 6 RESOI,UTION ()F I liE BOARD t~l: COUNTY COMMISSIONERS OF 7 COLLIER t't)t~N IY, FLORll)A. AtJTIIORIZ1NG TIlE COUNTY 8 ADM]N1STRAT()R ~1{)ENTER INTO x LANDSCAPE INSTALLATION AND 9 MAINTENANCE MI~MORANI)IJM (~1: AGREEMENT AND A HIGHWAY 10 BEAUTIFICA'llt)N (ii{ANT MI~M()I{AN1)UM OF AGREEMENT WITH THE I1 FLORIDA DEPAR I'MENT ()F TRANSPORTATION FOR THE 12 CONSTRt:('II()N ANI) MAIN'IENAN('I~ OF PItASE "B" LANDSCAPING 13 AND RELAIED BEA~IlFICATION IMPROVEMENTS TO BE LOCATED ON A 14 PORTION ()F STATE ROAD 90 (U.S. 41. TAMIAMI TRAIL) BETWEEN C.R, 15 31 (AIRPO1UI'-PUL[.ING ROAD) AND t'.R. 864 (RATTLESNAKE HAMMOCK 16 ROAD) WiTIIlN TIlE UNINCORI~OI~ATED AREA OF COLLIER COUNTY. 17 FLORIDA: PROVIDING AN EFFECTIVIi DATE 18 19 20 WIIEREAS, Ibc median and ro:~dstdc areas within Ihe State of Florida Department 21 of Transportation, S.R. 'm ~t~.S. 4l, lamiaml lrail) road right-of-way betweeu C.R. 31 22 (Airport-Pulling Road) a~d C,R. 864 [Ra~llcsnake Hammock Road) are capable of 23 receiving and sus~;~n~ng taml~capc bcaulilicnt~o~l ~mprovements: and 24 26 Collllllissiollcrs app~t~vcd a p~o.lcct sequence and /illlillg plan t't~r iu/plelllCllting landscape 27 beautification imp~{axcmcnls along S.R. 90 between S.R. 84 (Davis Boulevard) and C.R. 28 864 in two distinct and scp:~rate phases with Phase "A" being designated as that initial 29 segment between S.R. 84 and ('.R. 31 ~ approximately 1.2 miles) to be constructed wholly 30 with Collier Ct~lllllx I'm~d~ng. and x~l~h Phase "B", contemplated for grant application 31 processes, being dcsignalcd as the second scgmenl between C.R. 31 and C.R. 864 32 (approximately t,v 33 34 WHEREAS, ibc t~o,~d o1' ('ounlx ('mmmssioners by this Resolution authorize the 35 County Adminisl;:~lo~ 1o cxcctllc and Cl~lCi lllit~ {I) a ltighway Landscape Installation And 36 Maintenance Mcmo~amlum ol Agreement and (2) a Highway Beautification Grant 37 Memorandum of A?ccmcnt. both betx~ccn thc Board of County Commissioners of Collier 38 County, Florida. and ibc I:It~ida Deparimcnt ol [~ansportation, 39 40 NOW, TIIERI!FL)RI.. BE IT RESin[ VED BY THE BOARD OF COUNTY 41 COMMISSIONk'RS ()1: ('{~[ I IER COUNIY. FI ~IRll)A, that: 42 43 I. 'Ibc I/oltld ~1 ~'ollnly Commlssl~,uc~s of Collier County, Florida, hereby direct 44 and authorize thc ~',,mv ,Ndm~nistratol t,~ CN,'CtltC and enter illl~ (1) a ttighway Landscape 45 Installation And Xlainlcn:~ncc Melnora~dum .~l Agreement and (21 a Highway Beautification 46 Granl Memorandom ~.~ Agreement for Ph;~sc "B" median and roadside landscape beautification 47 improvements along S.R oo bclween ('.R 31 ~ld C,R. 864 (approximately 1.7 miles) within 48 unincorporated ('~lltc~ 49 50 2. Thc ~'lctk ~. thc Board of l'ountx c'ommissioner is hereby directed to forward a 51 certified copy of I]llq Resolution lo lhc I:lo~da Department of Transportation. in Barrow, 52 Florida. in conco~t with z~ g~ant Offc~ of Axxald Leller contemplated to be issued by the 53 Florida Highway I~caut~lica~lt~n Council du~in[: .Inly 2000. 54 55 3. '11~i~ Resolution shall takc cil'cc~ ~mmediately upon adoption. 56 57 ADOPTEI) Ih~s day of Ncp~cmbc~. 1999, after motion, second and majority 58 vote favbring same. 59 60 61 ATTEST: BC)ARI) OF COUNTY COMMISSIONERS 62 DWIGHT E. I/R()CK, ('tc~k OI, ~ {)IAAER COUNTY, FLORIDA 63 64 By: 135: 65 I'AMELA S. MAC'K1E, Chairwoman 66 67 Approved as l~, lotto 69 ~ ~ ~ ~ . 71 Thomas C, 73 EXECUTIVE SUMMARY AWARD A CONTRACT TO NATIVE TECHNOLOGIES INC. FOR PHASE I/II OF THE COUNTY-WIDE AUSTRALIAN PINE REMOVAL PROJECT, BID NO. 99-2982. OBJECTIVE: To receive Board approval and award of a contract for Phase I/II of the County-wide Australian Pine Removal Project to Native Technologies, Inc. of Fort Lauderdale, Florida for $387,808.28 in accordance with Bid No. 99-2982. CONSIDERATIONS: This project involves the cleating of undesirable invasive exotic vegetation, primarily Australian Pine trees. These trees are located on or near County rights-of- way or drainage easements throughout the County's secondary drainage system. These fast growing shallow rooted trees have the great potential to topple over in high winds and cause major damage to persons and property along drainage ways and also restricting stormwater flow and causing upstream flooding. Bid notices were sent to approximately 97 land cleating contractors, On August 20, 1999, a pre- bid conference was attended by 7 contractors. On August 26, 1999, one bid was received from Native Technologies, Inc., for $387,808.28 for all 31 work sites. Staffs estimate for the same work was approximately $500,000. Staff contacted several references who highly recommended Native Technologies, Inc. as a competent company who performs work in a timely and responsible manner. In addition, this Company recently successfully completed Phase VII of the County's Ditch-bank Clearing Project. Based on this experience, Staff is recommending award of the Contract to this single bidder. FISCAL IMPACT: Funds in the Stormwater Management Department budget Fund 325 are sufficient to cover the $387,808.28 bid for the first 2 phases of the County's Australian Pine Removal Program. Phase I funds in the amount of $200,000 budgeted for FY 98/99 will be rolled over into FY 99/00 and will be added to the Phase II $200,000 available October 1,1999. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Award Bid #99-2982 for Phase I/II, County-wide Australian Pine Removal Project to Native Technologies, Inc. for all 31 Work Sites and (2) authorize the Board Chairwoman to sign the construction contract. PREPARED BY: , ~.,....~_ / ~ ~ ~ ~.~i -- Bi'uce W. McNall Date Sto~water Management Coordinator Jo~ H. ~oldt, P.E., P.S.M. Date Sto~water Management Director REVIEWED BY: ~L, Y]. ~::~'~"I/' ~-~t-cl~ Stephen~. Cam~ Date APPROVED BY :~~~ ~t ~ff Ed Ilschnef Date Public Works Ad~dstrator SEP 1 q 1999 ._?¢-,_~-~ Bid #99-2982 Stormwater Australian Pine Removal Project Title: Stormwater Australian Pine Removal Project Mgr: Inquiries Sent: 98 Tabulation for Bid: 99-2982 Bruce McNall Packages Rec: 1 Opening Date: 26-Aug-99 ITEM DESCRIPTION Native Tech Work Site Location "Near" I Forest Lakes I $ ! 3,123.49 2 Forest Lakes Ii ~'i'8',717.88 3 Gordon River Ext (off Pine Ridge Rd) $9,9'07.23 4 Lely Hibiscus, Doral Circle $8,903.54 5 Haldeman Creek (East of Bayshore Bridge) .... $2,9,91.40 ...................... 6 Lake'Kelly Outfall (Across from Cherokee) $ii~1'7'~1'83 '.iiii ............. iiiii.' i.'.'.' ...... 7 GRE at GG Parkway (By Amil Gate) $7,860.04 8 3000 Cherokee Street $8,303.67 9 2631 Riverview Drive $3,3~.-.68 ............................. 10 Lakeview Drive ....... $ia,~.'.6.'~'...~ ............ -~ g~ 11 2631 Shoreview Drive $3,344.68 ~.~ ~ ~ Page 1, Bid ~J9-. ) Stormwater Austral,, ~ne Removal ITEM DESCRIPTION Native Tech 121End .of Poplar.(Off Becca) $16,108.73 13 Haldeman Creek (Behind'Albertson's) $'8,802.50 14 Haldeman Creek (Royal Arms V!!iage) $19.,904...(~' . ........................ 1~ LOngboat Drive ' ' ~8,~48.i'4 .................. 16 Clipper Way $7,376.09 17 44th Street SW/GG City $211785.56 , 18 43rd Street SW/GG City ..... $.8,004:64 19 55th Terrace SW/GG City '$16,7,.7,18'.04 ..................... 20 51st Street SW/GG City $6,052168 21 47th street SW/GG City · $14,445.40 ' , 23, 31st Avenue SW/GG City ' $10.,[67.40 '" ,. '"'..i" ".. ,~" 24~ 50th Terrace SW/GG City $42,398.68 25 30th Place SW/GG citY $25,110.04 Page 2 of 3 Bid #99-2982 Stormwater Australian Pine Removal ITEM IDESCRIPTION Native Tech 26 54th Lane SW/GG City ' $8,8'64.68 27 50th Street SW/GG City $21,698.68 28 Dominion Drive $4,901.54 29 Goodlette Road & 26th Avenue $2,998.73 30 BoCa Ciel~a Drive $13,193'.22 31 Colony Pines (Lely Branch) $12,198.98 TOTAL BID PRICE $387,808.28 Bid bond attached 'YeS ................................... Prompt Payment Terms No Buyer: Lyn Wood Witness: Donna Williamson EXECUTIVE SUMMARY APPROVE AMENDMENT 1 TO A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES DURING CONSTRUCTION OF COUNTY UTILITY RELOCATIONS IN CONJUNCTION WITH US 41 WIDENING FROM MYRTLE ROAD TO OLD US 41, PROJECTS 70047, 70048 AND 73048. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water Sewer District, approve an amendment to a Professional Services Agreement (PSA) with Tampa Bay Engineering, Inc. (TBE). This amendment will provide for engineering services during construction related to the relocation of County water, wastewater and reclaimed water facilities necessitated by the Florida Department of Transportation (FDOT) widening of US 41 between Myrtle Road and Old US 41. CONSIDERATIONS: On September 8, 1998, the Board accepted proposals from Tampa Bay Engineering, Inc. to provide engineering services for design of County utility relocations required by FDOT improvements to US 41 and authorized the chairman to sign a Professional Services Agreement for those services [Agenda Item 16 (B) (1)]. On October 13, 1998, the Board approved a Joint Project Agreement (J-PA) with FDOT for construction of the County utility relocations as part of the road construction project [Agenda Item 16 (B) (8)]. FDOT has recently awarded a construction contract to the low bidder (APAC of Florida). The attached amendment to the Agreement between the County and TBE will provide for engineering and inspection services by TBE during construction of the County utility relocations by the FDOT contractor. The amendment includes a .fee schedule based on the life of the entire construction project, split between three fiscal years. The fees are also split between water and wastewater in proportion to construction costs. It is anticipated that the time for utility relocations will be somewhat less than the total project time. Therefore, authorization of engineering services during construction will be issued initially through September 30, 2000. Engineering services for succeeding fiscal years will be requested only if needed. vFISCAL IMPACT: This project is proposed to be funded by water and sewer user fees. Funds for the project through September 30, 2000 in the amount of $57,689.17 are available from project 70047 - Relocate 20"/12" Water Main on US 41 from Immokalee Road to Old 41. Funds for the project through September 30, 2000 in the amount of $18,196.41 are available from project 70048 - Relocate 12" Main on US 41 from Myrtle Road to ~. ! Executive Summary Approve Amendment Page 2 Immokalee Road. A budget amendment in the amount of $42,000 will be required to transfer additional funds from water reserves to project 70048 to make a total of $60,196.41 available for the project. Funds for the project through September 30, 2000 in the amount of $71,756.71 are available from project 73048 - Relocation of Reclaimed Water Main and Force Main on US 41 North. Funding for the project after September 30, 2000, if needed, will be requested in succeeding years budgets. GROWTIt MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve Amendment 1 to a Professional Services Agreement with Tampa Bay Engineering, Inc. and approve the necessary budget amendments. SUBMITTED BY: ~ DATE: ~).--'~- Ronald F. Dillard, P.E., Project Manager ~O~,i,q~q~ Public Works Engineering Department · y, . .,Director Public Works Engineering Department REVIEWED BY: (~ ~ DATE: J~ Cheatham, Wastewater Director P~tul E Mattausch, Water Director ' · APPROVED BY: ~ DATE:~/~' Ed Ilschner, Administrator Public Works Division RFO:rfd ~o.~ SEP SUPPLEMENT FOR ENGINEERING SERVICES DURING CONSTRUCTION, Amendment I to PROFESSIONAL SERVICES AGREEMENT for Relocation of Water and Wastewater Facilities for Construction of US 41 from South of Myrtle Road to Immokalee Road and from Immokalee Road to County Road 887, dated September 8, 1998 BACKGROUND The Florida Department of Transportation (FDOT) is improving U.S. Highway 41 from Myrtle Road to Old US 41 in Collier County (hereinafter referred to as OWNEH). Tampa Bay Engineering, Inc. (CONSULTANT) prepared water and wastewater utility relocation plans and Technical Special Provisions for this project for the OWNER, This Scope of Work is to provide engineering services during construction and full-time construction observation of the OWNEI~'s utility relocation work associated with the road improvements. SCOPE OF WORK TASK I ENGINEERING SERVICES The following items shall be performed under this task: . A. Partnering Conference. Attend and participate in one partnering conference with contractor, OWNER representatives, and other appropriate parties. B. Preconstruction Conference. Attend and participate in the pre- construction conference with contractor, OWNER representatives, and other appropriate parties. Prepare Collier County specific agenda.. C. General Consulting. CONSULTANT will act as OWNER's liaison to the Contractor(s) and FDOT during the construction phase of the projects. The CONSULTANT will issue instructions from the OWNER to Contractor(s)/FDOT. The CONSULTANT will issue interpretations and clarifications of the Contract Documents in accordance with the time frames required by the Contract Documents aider such requests. CONSULTANT will have authority and obligation to require inspection and/or testing of the work in accordance with the Contract Documents, to act as initial interpreter of the requirements of the Contract Documents, and to evaluate and advise the OWNER regarding the acceptability of the Contractor's work, making recommendations on all of the Contractor's 08/24/9. J:\DOC2\WR. GEN\COLLIENCONS3.DO( t/Oo ; la* (8) (I A) SEP ! ~ 1999 claims relating to the acceptability of the JPA utility relocation work owned by the OWNER, to the interpretation of the Contract Documents, and requirements relative to the execution and progress of the work and Contract Documents. If required, the CONSULTANT will furnish in writing, additional instructions by means of drawings, or otherwise, as required for the proper execution of the work. Scope is based on an estimated average level of effort of 8 hours/week. 2. D. Shop Drawing Review. The CONSULTANT will receive submittals and record date of receipt of submittals and samples furnished by Contractor, and notify OWNER's personnel of their availability for examination and transmit as appropriate. Review submittals within the times specified in the Contract Documents for compliance with the applicable requirements of the Contract Documents. CONSULTANT's review and approval or other action shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. The CONSULTANT will review the progress schedule, schedule of Shop Drawing submissions, prepared by Contractor for their applicability and compliance with the requirements of the Contract Documents. The CONSULTANT will review and approve or take other appropriate action with respect to Shop Drawings and samples, the results of tests and inspections and other data that the Contractor is required to submit. The CONSULTANT will evaluate and advise the OWNER regarding the acceptability of substitute materials and equipment proposed by Contractor(s); receive and review for compliance with the requirements of the Contract Documents, any applicable maintenance and operating instructions or manuals, schedules, guarantees, bonds and certificates of inspection that are assembled by Contractor(s) in accordance with the Contract Documents. The CONSULTANT's approval of Contractor submittals is a representation to the OWNER of the CONSULTANT's belief that said submittals conform to applicable requirements of the Contract Documents, unless specific written exception is taken by the CONSULTANT. Scope is based on an estimated receipt of approximately 35 shop drawings, and an estimated average of 3 hours/drawing to review. E. Review Change Orders. Review proposed contract Change Orders that pertain to the OWNER JPA relocations, as required. F. Review Monthly Pay Estimates. Based on the CONSULTANT's on-site observations of the OWNER's utility relocation work, as an experienced and qualified design professional, and on review of the FDOT Pay Item Summary Log, the accompanying data and schedules on which the Contractor's applications for payment are based, and verify the Contractor's quantities installed for the designated pay period, prior to the close of the -2- 08/24/99 J: \DOC2 \WR.GEN ~ COLLIENCONS3.DOC NO. ~ SEP 1 ~ 1999 FDOT monthly pay cycle. Recommendations of pay item quantities will constitute a representation to the OWNER/FDOT, based on such observations and re~;ew, that the work has progressed to the point indicated, that, to the best of the CONSULTANT's knowledge, information, and belief, the quality of work is in accordance with the requirements of the Contract Documents, subject to an evaluation of such work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in a written recommendation. Obtain the OWNER's signature indicating concurrence and return the recommended quantities to the FDOT for processing of the contractor's pay request. G. Weekly meetings/Site Visit. Provide a weekly visit by the Project Manager to determine if work is proceeding in accordance with the contract documents and to attend, FDOT scheduled, progress meetings with the contractor and OWNE~DOT representatives. Scope is based on approximately 86 weekly, one-day, site visits. H. Project Certifications, Closeout, and Record Drawings. CONSULTANT will conduct observations at appropriate points in the project to determine if the various portions of the Project are substantially complete and, if so, the CONSULTANT will issue a written notice of substantial completion for the purpose of establishing the starting date for specific equipment warranties, and to establish the date that the OWNER shall assume the responsibility and the cost of operating such equipment. Prior to the contractor's request for final payment, the CONSULTANT will conduct a final site visit to determine if the work has been completed in accordance with the Contract Documents and if the Contractor has fulfilled all obligations so that CONSULTANT may certify and recommend in writing to the FDOT/OWNER, that to the best of CONSULTANT's knowledge and belief, the Contractor's work has been completed in accordance with the Contract Documents that the final payment to the Contractor should be issued. CONSULTANT will prepare and submit final certifications to comply with the requirements of the regulatory permitting agencies. CONSULTANT will prepare as-built/record drawings in MicroStation format, showing those changes made during the construction, based on marked-up prints, drawings and other data furnished by the contractor and maintained by the CONSULTANT's resident project representative. CONSULTANT will provide one (1) set of signed mylars and five (5) sets of blueline As- built/Record Drawings properly signed and sealed by CONSULTANT, and one (1) set of electronic files of all As-built/Record Drawings on 3.5" diskettes. The CONSULTANT will not: 08/24/99 J: \DOC2 \WR.GEN \COLLIENCONS3.DOC N0, ~ / SEP 1 1999 Pr.;. A. Authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the OWI~R. B. Undertake any of the responsibilities of the contractor, subcontractors, or contractor's superintendent. C. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. CONSULTANT will report observations of means and methods of construction to the OWNER as appropriate. D. Advise on, issue direction regarding or assume control over safety precautions and programs in connection with the work. CONSULTANT will, however, immediately report to the Contractor and the OWNERfFDOT any safety concerns or violations which CONSULTANT observes. E. Accept shop drawing or sample submittals from anyone other than the contractor. TASK 2 CONSTRUCTION OBSERVATION CONSULTANT will provide full-time resident construction observation services by a Resident Project Representative (RPR) under the direction of a Project Manager and a qualified Resident Engineer. The CONSULTANT is responsible for the resident construction observation services and the project management, which are provided by the CONSULTANT's employees and/or subconsultant's. Through on-site observations of the work-in-progress and field checks of materials and equipment by the RPR, the CONSULTANT will monitor the Contractor's work for compliance with the requirements of the Contract Documents, and advise the OWNER/FDOT when non-compliance is found. A. On-site Construction Observation. The RPR, as CONSULTANT's specialist, will act as directed by and under the supervision of the CONSULTANT, and shall confer with the CONSULTANT and the OWNER regarding his actions. RPR's dealings in matters pertaining to the on-site work shall be with the CONSULTANT, OWNER, and Contractor(s). Written communications with the OWNER-shall be with approval of the CONSULTANT. Services to be provided by the RPR and field construction observation staff shall be as follows, but not limited to: 1. Attend Construction Project Meetings: Attend and participate in the construction project meetings with contractor, OWNER representatives, and other appropriate parties. Arrange and conduct additional job conferences as required. Prepare, circulate and maintain action item logs from any additional meetings. 08t24/99 -4- J: \DOC2 \WR.GEN \ COLLIENCONS3.DOC ) SEP l Z, 1999 3. Provide Construction Observation: Conduct and record on-site observations of the work in progress to determine if the work is proceeding in accordance with the Contract Docume~ *,s and that completed work conforms to the Contract Documents. 4. Maintain Construction Records: Maintain at the job site orderly files for correspondence, reports of job conferences, submittals, samples, reproductions of original Contract Documents including all Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Agreement, clarifications and interpretations of the Contract Documents, progress reports, Requests for Information, Proposed Change Requests, Nonconformance Notices, FDOT Daily Construction Reports and other project related documents. 5. Serve as Liaison with Contractor and the FDOT: Serve as the OWNER's liaison with Contractor and the FDOT, working principally through Contractor's Project Manager and superintendent and assist Contractor in understanding the intent of the Contract Documents. 6. Coordinate with OWNER/FDOT: Assist in obtaining from the OWNER additional details or information when required at the job site for proper execution of the work. 7. Coordinate Contractor's Commencement of Work Requiring Submittals: Advise Contractor and CONSULTANT immediately of the commencement of any Work requiring submittal or sample if CONSULTANT has not approved the submission. 8. Coordinate Return of Submittals to Contractor: Record dates that submittals and samples are returned to the Contractor, with results of review and status. 9. Review Contractor's Schedule: Review the Contractor(s) schedule as it pertains to the OWNER's JPA utility relocation work and provide comments to the FDOT. Make recommendations to the OWNER/FDOT when deficiencies in performance against schedules are not 'quickly remedied by the Contractor(s), as required or allowed by Contract Documents. 10. Reject Unsatisfactory Construction Work: The CONSULTANT will have the authority to disapprove or reject work, at any time during the performance of the Work, which is defective or does not comply with the requirements of the Contract Documents; and to require special inspection or testing of the work, whether or not the work is fabricated, installed, or completed. CONSULTANT will advise the OWI~E~DOT and provide documentation to the Contractor(s) whenever any work is determined to be unsatisfactory, faulty, is determined not to conform to the Contract Documents, is observed as otherwise defective, does not meet the -5- 'A 08/24/99 J: \ DOC2 \WR. GEN\ COLLIENCONS3.DOC N0. SEP I 1999 requirements of any inspections, tests, or approvals required to be made, or has been damaged prior to final acceptance; advise and provide documentation to the Contractor(s) when Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. CONSULTANT will advise the OWNER/FDOT in writing whenever any work is determined to be not in accordance with the requirements of the Contract Documents. 11. Ensure Quality Assurance: CONSULTANT will oversee materials and other testing firms and personnel utilized by the Contractor during his performance of the utility relocations for the OWNER per Section II, paragraph 3. of the Technical Special Provisions. 12. Coordinate Tests and Start-ups: RPR will consult with the Contractor in advance of scheduled major tests, inspections, or start of important phases of the work. Advise the CONSULTANT and OWNER of schedules for and changes to the schedule for testing. Verify in writing to the OWNI~R that tests and equipment and systems start-ups are conducted as required by the Contract Documents and operating and maintenance instructions and in the presence of the required personnel, and that Contractor(s) maintains adequate records thereof; observe, record, and report appropriate details relative to the test procedures and start-ups. 13. Manage Requests for Information: RPR will receive requests for information (RFIs) from the Contractor/FDOT. Coordinate.resolution of RFIs with the OWNER and CONSULTANT then respond within the prescribed time frame. 14. Provide Clarifications/Interpretations of Contract Documents: RPR will transmit clarifications and interpretation of the Contract Documents as required, as they pertain to the OWNER JPA relocations, to Contractor/FDOT. 15. Contractor's Change Proposals: CONSULTANT will evaluate Contractor's proposals for changes to the JPA utility relocation work. Report them with recommendations to the OWNER. The CONSULTANT will review and coordinate with the OWNER's Construction Representative, OWNER's Project Manager, and others as required to approve the need and reasons for proposed changes to the JPA utility relocation work that will result in Change Requests that the FDOT's CEI shall process. The cost estimate for this scope of services does not include extensive analysis of complex Contractor claims or associated change orders, or of OWNER-requested complex changes not due to errors and omissions of the CONSULTANT. 16. Assist in Change Negotiations: When requested by the OWNER, the ~'~ CONSULTANT will assist the OWNER in negotiating Change Orders pertaining to the JPA utility relocation work with Contractor(s)/FDOT. 08/24/99 J:\DOC2\WR.GEN\COLLIENCONS3.DOC! S0. ~ (' ~l(/~) SEP 1 1999 17. Prepare FDOT Daily Reports: The RPR will prepare FDOT daily reports, specifically for the JPA utility relocation work between the OWNER and the FDOT, recording units of each pay item expended, hours on the job site, weather conditions, data relative to work activities and use and location of Contractor's construction equipment and workers, list inspections and tests performed, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Submit copies of daily reports to the FDOT daily and the OWNER's Construction Representative, Project Manager weekly. 18. Provide Progress Reports: CONSULTANT will furnish the OWNER periodic reports as required of progress of the work and Contractor's compliance with the approved progress schedule and schedule of Shop Drawing submissions. 19. Report Accidents: Upon notification by Contractor(s), RPR will report immediately to the OWNER the occurrence of any accident. 20. Verify Data: CONSULTANT will verify that certificates, O&M manuals, warranties, and other data required to be assembled and furnished by Contractor(s) are applicable to the items actually installed and in accordance with the Contract Documents. 21. Review As-Built Drawings: RPR will review the Contractor's As-Built Drawings monthly to ensure Contractor is keeping adequate records as required and pre-approve the final as-built drawings to the OWNER and the CONSULTANT. 22. Develop Punch List: Prior to the CONSULTANT's issuance of a Certificate -of Substantial Completion, the RPR will evaluate the Contractor's punchlist and develop an official punchlist for Substantial Completion. 23. Conduct Field Inspection/Final Punchlist: Conduct final construction observation site visit of the work in the company of the CONSULTANT's Project Manager, the OWNER's Construction Representative and Project Manager, and Contractor(s), and prepare a final punch list of items to be completed or corrected. 24. Recommend Acceptance of the Work: RPR will verify if all items on final list have been completed or corrected and determine if those items are in accordance with the Contract Documents, and make recommendations to the OWNER concerning acceptance. 25. CONSULTANT will provide books, manuals, cellular telephones and vehicles for the CONSULTANT's own forces. 26. Additional Engineering Construction Observation: Provide additional construction observation, as needed, to supplement the construction observation b~,ing performed continuously by the RPR, for inspection of areas requiring special expertise, such as electrical, instrumentation, and structural. The RPR will expedite obtaining decisions from the appropriate OWNER Department and communicate those decisions to the CONSULTANT. OWNER'S RESPONSIBILITIES A. OWNER shall provide an adequately equipped office space for the use of the RPR and other staff of the CONSULTANT, at no cost to the CONSULTANT. The field office space shall be available within 5 days of Notice of Award issuance and until 30 days after completion of the work. B. OWNER shall designate an individual to act as the OWNER's main point of contact with the CONSULTANT for this project. This individual will be authorized to make decisions for the OWNER as needed during the project. This individual, as the OWNER representative, will attend all regular progress meetings and other meetings as necessary. SCHEDULE This supplement to the existing Professional Services Agreement, dated 9/8/98, extends the time to complete services from that given in article 4.3 of the original agreement to November 17, 2001. The work of this supplement is based on a roadway construction period of 740 days. An additional 60 days are included to complete the required record drawing deliverables. The OWNER's JPA utility relocation work effort is anticipated to last approximately 18 months but is completely contingent on the roadway contractors schedule. CONSULTANT'S COMPENSATION For the SCOPE OF SERVICES described above, being identified as AMENDMENT 1 to the original Professional Services Agreement, the OWNER will compensate the CONSULTANT on a time and expense basis at rates attached to this supplement as shown on Table 1. The rates shown on the attached Table 1, supercede Attachments Al, A2, A3 and A4 which were the Schedule of Fees for Basic Services including hourly costs and expenses to the original Professional Services Agreement. Monthly invoices for services will be billed based on the actual number of hours expended and the direct expenses actually incurred in accordance with the rates shown on Table 1. Subcontractor services will be billed at actual invoice costs plus a ten percent mark-up. SEP 1 1999 Should additional services be required beyond those designated in this supplemental scope of services, the cost of such services shall be billed as negotiated between the OWNER and CONSULTANT, and may be provided on a time and expense basis using the rates as shown on Table 1. ORIGINAL PROFESSIONAL SERVICES AGREEMENT Except as modified by the terms of this supplement, the original agreement between the OWNER and the CONSULTANT shall remain in full force and effect. 08/24/99 J: \ DOC2 \ WR. GEN \ COLLIENCONS3. DOC i NO. ~ SEP I 4 1999 ~'G. , !1 IN W~TNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for engineering services on the 14th day of September, 1999. ATTEST: BOARD OF COLrNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL Dwight E. Brock, Clerk SUBDMSlON OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING By: BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Date: By: Pamela S. Mac'Kie, Chairwoman Attest as to Chairman's Signature only. T~npa Bay Engineering, Inc. Approved as to form and By: ~1, Legal sufficie ,~cy: Nicholas M. Zembillas, Vice President Assistant Count~rney (CORPORATE SEAL) TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, Section 287.055, Florida Statutes, Tampa Bay Engineering, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering services of the CONSULTANT to be provided under Amendment I of the Professional Services Agreement, concerning the Construction Services to be provided for the Relocation of Water and Wastewater Facilities on US 41 from South of Myrtle Road to Immokalee Road and from Immokalee Road to County Road 887 are accurate, complete and current as of the time of contracting. Tampa Bay Engineering, Inc. Nicholas M. Zembillas, Vice President Date: 08/24/99 J: \DOC2 \WR.GEiN\COLLIENCONS3.DOC NO · ~ SEP I q 1999 FDOT JPA Project ID.s: 195378-1-56-01 and 195380-1-56-01 Date Prepared: 08/24/99 SR: 45 (US 41} Prepared By: Nina S. Mabilleau Description: South of Myrtle Road to Immokalee Road and Immokalee Road to Old US 41 Part I i Task Description !l',incipal/l'roj Dir¢c.' ProjecI.Mapagc, i! Prpjcct ~Engin.c~r... C_A.D.D Tcc!mician i'. Field: Rcprcscntgtivc !. _C!crical i11 ................. Totals I BillinB Ratc/I loud $ 125.00 J $97.00.~" $82.00 $78 00 :: $. q00, $3'L00; ~rASK I: Engineering.Services 'Preconstruction Conference ! 6' I 81 14 :' ~- ~ [ 8 iPartnering Workshop : [ 8~ iGeneral Copsuhmg ] 1161 65 !~, 420 30 631 tShop Drawing Reviews i 15 i 90 i! 20 125 ! 401 8: 3{) 16 ii 32 126 ~Change Orders i " :Site Visits (During Utility Installation) ~ 72: 1501 318 i 540 iPaY Estimate Reviews i i, 30 63! 10 103 ~ ' I 12 21 5g ~2 131 ?ecord Drawmgs 8, - I I'Ccrlificati°ns i 20 It, 32 l0 i 16 04 iSite Visits ' italia i *(After Utility In lion. Bc£ore Road~ay Completion) :: TASK 2: Constructioa Observation Serviem ............ !Construction Observation 12' Ii 24 3027 3063 ' ..... 30,] ........ -3i3' - 907 ....... ~4 : 3114 ...... 144 TOTAL llOURS g, C,O .g rrOTAL ST_n~F__CO_~S ......... $37,62S.001 $34.241.00'1 $74,374.001 $6,552.001 $ I-8_3~,726.00 ~ ~,608.00 Page I of 2 E L~ ~DOC~'U~IL aE~SS~LO~S'CO~C"ST~ W~.' 'IABLE I (Conlinucd) FDOT JPA ProjecI ID.~: 195378-1-.e~4il and 19.~O-I..~r~OI SR: 45(US41) De, or, pile#: Soulh of Myrtle Road to Immokalee Road and Immokalee Road Io Old US 41 )art II - Out of Pocket Expenses ... 'o!ta$~ AT COST PER LEITER II S0.33 $974 ihipp!nB/Deli~ef)' AT ('()ST PER PACKAGE $4~i IHI $270 Cc!l_u_l_a[.T¢~cph~_A~'.T_imc_ ..... MINUTE (d)o~l $0 20 $1,200 IX} C¢!~!ar T_~lcphpnc ~!Sar~t~ LiSMcr Batt~ Adaptor £ACU $2995 $2995 Standard Spcc!t~cati~n~ fo[ Road~ a)~and~Bridsc Const~uc~on~ IL~.F~ Book EACH $17.00 Vc_hi~.[~_ ~i[n! (~Cl~_ . . EACII $66 Ito $132 IX] Flas_h~ Be~con~ . £ACII $11 ~.35 $231K7(1 Milcal¢ (Pvojecl Manmte~) MILE 276~11 $0 32 $8,~411 {XI rartJ~L .....................I PROOF'CT TOTAL PROJECT TOTAL . 71N~17 (Walet.I US 4 I, M)~IIc Road to Immokalec~Road - Fiscal yea~.~}/99 to I {~ll/~l) ___ $~7_~6~0_ 7~-t4 '~ f,.Watc~ -U~S.4 I, M)~lc. R°aLJ--19.! -m-m°-kalc~.. ~'°ad = F.i~cal Year ( I O~! to.I0/01) .................. PROJECT TOTAL ....... _$3~61~1~ 67 ~4 IPROJECT TOTAL ........................................................ J $360,869 94 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BAg qc/ BAR# APH Date To BCC Yes No County Water Capital Projects 412 FUND TITLE (FUND NO.) Date Prepared: 8/27/99 Attach Executive Summary ffpreviously approved, BCC Agenda Date: q j l¥l qq Item # 16~ [ tl)~/ ~ EXPENSE BUDGET DETAIL Relocate 12" Main on US41 from Water Capital Pro/ects 2 73511 MFrtle Rd to Immokalee Rd 70048 Cost Center Title Cost Center No. Project Title Project No. .__Expenditure Increase Current Revised "bject Code Expenditure Title {Decrease) Budget Budget 631400 Engineering Fees 42, 000 28, 000 70, 000 TOTAL 42, 000 28, 000 70, 000 Reserves 919010 Cost Center Title Cost Center No. Project Title Project No. Expenditure Increase Currem Revised Obiect Code Expenditure Title {Decrease) Budget Budget 993020 Reserve for Capital Outlay (42, 000) 532,106 490,106 ~ TOTAL (42, 000) 532,106 490,106 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title Project No. Expenditure Increase Current Revised Object Code Expenditure Title {Decrease) Budget Budget TOTAL - WHY ARE FUNDS NEEDED? Funds are needed for a Professional Services Agreemem for Engineering Services during construction of County utilit~ relocations in conjunction with the US 41 widening from Myrtle Road to Old US 41. / WHERE ARE FUNDS AVAILABLE? Funds are available in Fund 412, Reserves for Capital Outlay. AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO: EXECUTIVE SUMMARY AUTHORIZE WATER DIRECTOR TO ACCEPT DEPARTMENT OF ENVIRONMENTAL PROTECTION SETTLEMENT OFFER. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District authorize the Water Director to accept the Department of Environmental Protection (DEP) settlement offer and pay a civil penalty in the amount of $1,050.00 in the matter of Goodland Water Company. CONSIDERATION: ]. On June 18, 1999, Collier County notified the DEP of a water outage in the Goodland Water Company that occurred on June 3, 1999, caused by maintaining less than minimum pressure in the distribution system. :2. On June 23, 1999, the DEP advised Collier County of possible violation of Florida Administrative Code Rule 62-555.350(3) requiring notification of the Department or County Public Health Unit within twenty-four (24) hours of abnormalities with regard to the public water supply. 3. Subsequent to a July 14, 1999 meeting with the DEP to review the facts of this matter, the Water Director received a letter stating that in settlement of the violation, the DEP had imposed a civil penalty in the amount of $1,000.00, plus $50.00 to reimburse DEP for its costs. FISCAL IMPACT: Funds to pay the penalty are available in the Collier County Water Sewer Fund, SCRVVTP Operating Budget. (408-253211). GROWTH MANAGEMENT IMPACT: None SEP I ~ t'BB9 P(;... / _ RECOMMENDATION: It is recommended that the Board of County Commissioners hereby authorize the Water Director to execute the Settlement Agreement, authorize payment of the civil penalty in the amount of one thousand fifty dollars ($'1,050.00), and take whatever additional actions as may be necessary to finalize this matter. ' W, , ~:~ -~ -,.~ SUBMITTED BY: ~".'":... ,'~:-/-,-¥~ ,' ~ , Date: ~-. Paul Mat~ausch, Water Director Stephen Y. C~rnell, Purchasing/General Services Director APP ROVED B~~~~~:~~~ _Date: Ed Ilschner, Public Works Administrator SEP 1 4 1999 Department of So~ Dis~ Jeb Bush P.O. ~x ~49 David B. S~uhs Governor Fo~ ~yers, Florida 33902-~49 Secre~ July 14, 1999 Paul E. Ma~ausck Water Dk~or Co,er CounW ~b~c Works 3301 T~ Tr~ East Bufld~g H Naples, Florida 34112 /7/g9~ - oQ.~',~ l/-'~, r./qD 35 Re: Collier CounW - PW Goodland Water Company Proposed Settlement by c/O//~ Short Form Consent Order ..... OGC File Number: 99-1177-PW- 11 Dear Mr. Mattausch The purpose of this letter is to complete the resolution of the matter previously identified by the Department in the Warning Letter dated June 23, 1998, a copy of which is attached. The corrective actions required to bring your facility into compliance have been performed. However, the Department has calculated that civil penalties in the amount of $1000.00, along with $50.00 to reimburse the Department costs would be an appropriate settlement. Therefore, the Department proposes settlement on the above terms. Please make total payment in the mount of $ ! 050.00 by casl'fier's check or money order payable to the Department of Environmental Protection. The payment instrument shall include the OGC File Number assigned above and the notation "Ecosystem Management and Kestoration Trust Fund." Payment shall be sent to the Department of Environmental Protection, P.O. Box 2549, Fort Myers, Florida 33902-2549, within 30 days of your signing this letter. Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter on these terms. If you elect to sign this letter, please return it to the Department at the address indicated above. The Department will then countersign the letter and file it with the Clerk of the Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Department which shall be enforceable pursuant to Sections 120.69 and 403.121, Florida Statutes. Continued... .0.//,, "Pro:e~ Conserve ana' Manage Florida's £nvironmenr and Natural Resources" S E P ! q 1999 Printed on reacted pot~er, PG. ~ .-- Proposed Short Form Consent Order for Goodland Water Company Page Two If you do not sign and return this letter to the Department at the District address above by August 4, 1999, the Department will assume that you are not interested in settling this matter on the above described terms, and will proceed accordingly. None of your fights or substantial interests are determined by this letter unless you sign it and it is filed with the Departmem Clerk. Sincerely, Direc~cbr of District Management ACCEPT THE TERMS OF THE SETTLEMENT OFFER. For Goodland Water Company: paul Mattausch Water Director Please do not write below this line. For DEP use only. ENTERED into this ~ day of ,1999, in Ft. Myers, Florida. For the DEP: Margaret F. Highsmith Director of District Management State of Florida Department of Environmental Protection Attachments hlFH]rnac cc: Mr. Jack Qum [ ~o.~~.~..) Mr. Ed Ilschner I SEP 1 99 I EXECUTIVE SUMMARY APPROVE WORK ORDER PWED-DH-09 TO D. N. HIGGINS, INC. FOR CONSTRUCTION SERVICES TO RELOCATE A 30-INCH RAW WATER VALVE NEAR WHITE AND WEBER BOULEVARDS OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water Sewer District, approve a work order to effect improvements needed to enhance operation and maintenance of a critical valve in our raw water delivery system. CONSIDERATIONS: The proposed work will replace a problematic valve located under the pavement of White Boulevard near the intersection with County Road 951. Normal operation of the valve requires substantial maintenance of traffic effort and exposes staff to increased safety hazards. Also, the existing valve leaks and requires recurring repair and pavement restoration. The public is inconvenienced with each recurring repair because traffic must be detoured away from the site of the work. The underground work will be scheduled in advance of the County's proposed White Boulevard-CR 951 Intersection Improvement project. The Underground Utility Contractor shall coordinate road restoration and traffic control work with the County's Intersection Improvement Contractor. Staff received quotes from the three firms currently under contract for providing Underground Utility Construction Services as follows: D. N. Higgins $176,500 Mitchell & Stark $191,000 Kyle Construction $197,000 A work order has been prepared, copy attached. It is estimated to cost $201,500 to ~ complete the work as follows: Construction $176,500 Purchase Valve $ 20,000 Engineering $ 5,000 $201,500 ..~-~FISCAL IMPACT: Funds are not currently budgeted for this work. A budget ,) amendment is needed to transfer funds in the amount of $201,500 from Water Capital reserves to Project 70868. Source of funds are user fees. GROWTH MANAGEMENT IMPACT: None. SEP 1 q 1999 Executive Summary Approve Work Order Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District approve Work Order PWED-DH-09 in the amount of $176,500.00 to D. N. Higgins, Inc., authorize the PWED Director to execute same, and approve the necessary budget amendment. Karl W. Boyer, P.E., Senior Project Manager Public Works Engineering Department REVIEWED BY::/--7'~, ,x DATE: ff~/Jeff Bil~by,' P.E., Public Works Engineering Director '-" Paul ~~a~sch,-Water Director ~:~//Q>'~ APPROVED B~ DATE: Ed Ilschner, Public Works Administrator KWB :kwb SEP 1% 1999 WORK ORDER # PWED-DH-09 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #98-2783, Dated June 17, 1998 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Relocate 30-inch Raw Water Valve at White and Weber Boulevard The work is specified in the BID SCHEDULE dated August 25, 1999 which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # PWED-DH-09 is assigned to D. N. Higgins, Inc. Scope of Work: Provide all services to relocate a 30-inch raw water valve as described on Drawing 1 of 1 and in the attached letters dated August 11, 1999 and August 24, 1999. Schedule of Work: Complete within 30 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Relocate Valve $161,500.00 (Lump Sum) Allowance for Pavement Final Overlay $ 15,000.00 (T&M) Total Bid $176,500.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Karl W. Boyer, Public Works Engineering Date Paul Mattausch, Water Director Date APPROVED BY: Jeff Bibby, Public Works Engineering Director Date Higgins, Vice President, D. N. Higgins, Inc. Date Approved as to Form and Legal Sufficiency: Attorney SEP 1 Request for Compctitive Quotation DOUGLAS N. HIGGINS, INC. August 11, 1999 2887 Tamiami Trail East, Suite 1 Page 3 Naples, Florida 34112 "'" (941) 774-3130 Fax (941 ) 774-4266 BID SCHEDULE Relocate 30-Inch Raw Water Valve White Boulevard Near Weber Boulevard in accordance with gamual Contract For Underground Utilities Contracting Services, RFP 98-2783 Item Description Unit Qty Unit Price Total I Relocate 30-inch Raw Water 1 Lump Valve, complete Sum 5; 161,500.00 $ 161,500.00 2 Allowance for additional work which ma>' be necessary in the 1 T&M 515,000.00 S15,000.00 event the County's Road Improvement Contractor, through no fault of the ,~.-- Under~ound Utility Contrator, defaults or ~ossly fails to cooperate with coordination of pavement restoration work beyond the scope of the lump sum item as directed by the Owner's Project Manager and payable as time and materials. Total Bid $ 176,500.00 ADDENDUM 1 Received and Attached ..... ~,,~, x~'~ . NO.~ SEP 1 q 1§9~1 COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION 3301 EAST TAMIAMI TRAIL PUBLIC WORKS ENGINEERING DEPARTMENT NAPLES, FLORIDA 34112 (941) 774-8192 SUNCOM 751-8192 August 24, ] 999 FAX (941) 774-9370 A CERTIFIED BLUE CHIP COMMUNITY Dan Higgins, Vice President D. N. Higgins, Inc. 2887 Tamiami Trail East Naples, Florida 34112 Re: Request For Compel;ti'ce Quotation Relocate 30-tach Raw Water Valve, \Vhlle Boulevard near Weber Boulevard Addendum 1 Dear Mr. Higgins. This is to provide clanficanon on the anticipated allowable outage times and to change the request for quotation as follows: 1. The 30-inch valve ~vfll be changed to a resihen: seat gate vah'e. MJ x ~,IJ. The valve will be vertical with spar gear. The valve will be pre-pa.-chased by lhe County to accelerate delivery. All costs related to providing a 30-:n:5 valve are to be included in 3'our quote less the material cost for the valve only. 2. Close coordination on the timing of the proposed work will need to occur between the Contractor and the County's water treatment plant operations supervisor. Outages on the existing 30-inch raw v~'ater main (White Boulevard) are to be limited to less than 8 hours per day. Outages on the existing 36-inch raw ,,,cater main (Weber Boulevard) are to be limited to less than 24 hours continuous duration. If you have any questions, please call me or Ron D,1tard. We look forward to your response to this important project. Sincerely, Karl W. Boyer, . . Senior Project Manager KWB:kwb cc: JeffBibby, Public Works Engineering Director Ron Dillard, Public Works Engineering Project Manager Paul Mattausch, Water Director Lyn Wood, Purchasing Buyer . l' ' NO..~.~.~~ SEP q 1999 COLLIER COUNTY GOVERNMENT PUBLIC WOtLKS DIVISION 3301 EAST TAMIAMI TRAIL PUBLIC WORKS ENG1-NEERffNG DEPARTMENT NAPLES, FLORIDA 34112 (941) 774-8192 SUNCOM 751-8192 FAX (941) 7740370 A CE;~rT, tF1ED BLUE CHIP COMMUNITy August 11, 1999 Dan Higgins, Vice President D. N. Higgins, Inc. 2887 Tamiami Trail East Naples, Florida 34112 Re: Request for Competitive Quotation Annual Contract for Underground Utility Contracting Sen'ices, RFP 98-2783 Relocate 30-inch Raw Water Valve, White Boulevard near Weber Boulevard Dear Mr. Higgins. You are requested to provide a competitive quotation in accordance v,'ith our Agreement dated June 16, 199S pursuant to RFP 98-_, $.~ for the work described herewith to this office by not later than 5:00 p.m. on August 25. 1999. Please submit )'our quotation on the attached Bid Schedule form. The proposed work is as generally described in this letter and on the enclosed drawing for the referenced project. Two copies of the drawing are enclosed. All work shall be provided in accordance with the Collier County Utilities Standards Ordinance. The proposed work is intended to relocale certain underground utilities in advance ora. separate Collier Count:>' road project which includes improvements to White Boulevard between CR 951 and Weber Boulevard. The Underground Utility Contractor shall schedule the underground utility work, and coordinate road restoration and traffic control v¥'ork with the County's Road Improvement Contractor. The intent of the coordination effort is to effect a seamless transition between the underground utility work and the road improvement work such that the general public experiences one continuous project and one final pavement overlay. The County has received bids for the CR 951 - White Boulevard Intersection Improvements, Bid 99-2968. The apparent low bidder is Bonness. Award of Bid 99- ---- 2968 is pending. NO. ~.~.~..~ SEP 1 1999 Request for Competitive Quotation August 11, 1999 Page 2 The bid proposal has one lump sum item and one time and materials item. The lump sum item is for all work as described in this letter and the enclosed drawing. The lump sum item shall include traffic control and complete pavement restoration construction less final overlay at all locations. The intersection of White Boulevard and Weber Boulevard shall be restored and maintained to safely carry, at a minimum, two lanes of traffic with one lane for turning west on White and one lane for turning noah on Weber until permanent road restoration work is completed. Final overlay work is not included in the lump sum and shall be coordinated with the County's Road Improvement Contractor. The time and mater/als item is an allowance with a pre-set ceiling dollar amount for additional work ,a'hich may be necessary in the event the County's Road Improvement Contractor, through no fault of the Under~ound Utility Contrator, defaults or grossly fails to cooperate with coordination of pavement overlay work beyond the scope of the lump sum item. If you have any questions, please call me or Ron Dillard. We look fomvard to your response to this important project. Sincerely, Karl W. Boyer, P.E. Senior Project Manager KWB:kwb Attachment Enclosures cc: JeffBibby, Public Works Engineering Director Paul Mattausch, Water Director Mitch Momtaz, PWED Project Manager Lynn Wood, Purchasing Buyer Request for Competitive Quotation August 11, 1999 Page 3 BID SCHEDULE Relocate 30-Inch Raw Water Valve White Boulevard Near Weber Boulevard in accordance with Annual Contract For Underground Utilities Contracting Services, RFP 98-2783 Item Description Unit Qty Unit Price Total 1 Relocate 30-inch Raxv Water 1 Lump Valve, complete Sum 2 Allowance for additional work which ma3' be necessary in the 1 T&M $15,000.00 $15,000.00 event the County's Road Improvement Contractor, through no fault of the ~"--- Under_m'ound Utility Contrator, defaults or _m-ossly fails to cooperate with coordination of pavement restoration work beyond the scope of the lump sum item as directed by the Owner's ProJect Manager and payable as time and materials. Total Bid $ BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BAR# APH Date To BCC Yes No County Water Capital Projects 412 FUND TITLE (FUND NO.) Date Prepared: 8/A47/99 Attach Executive Summary ifpreviously approved, BCC Agenda Date: cpitq/?? Item # [~ (15) 0 d) EXPENSE BUDGET DETAIL Relocate 30" Raw Water Valve Water Capital Projects 273511 White & Weber Blvd. 70868 Cost Center Title Cost Center No. Project Title Project No. Expenditure Increase Current Revised Object Code Expenditure Title (Decrease) Budget Budget 763100 Improvements General 196, 500 196, 500 631400 Engineering Fees 5, 000 - 5, 000 TOTAL 201,500 - 201,500 Reserves 919010 Cost Center Title Cost Center No. Project Title Project No. Expenditure Increase Current Revised Object Code Expenditure Title (Decrease) Budget Budget 993020 Reserve for Capital Outlay (201,500) 490,106 288, 606 TOTAL (201,500) 490,106 288, 606 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title Project No. Expenditure Increase Current Revised Object Code Expenditure Title (Decrease) Budget Budget TOTAL - WHY ARE FUNDS NEEDED? Funds are needed to approve a work order for DN Higgins for construction services to relocate a 30" Raw Water Valve near White and Weber Boulevard. WHERE ARE FUNDS AVAILABLE? Funds are available in Fund 412, Reserves for Capital Outlay. DIVISION ADMINISTRATO~~.~,_ J ~/~ BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: B.A. NO: EXECUTIVE SUMMARY CONSII)ERATION OF A BUDGET AMENDMENT FOR THE PURCHASE OF FURNITUR£ AND EQUIPMENT FOR EXPANDED OFFICE SPACE, AND HAND-HELD RADIOS FOR THE TRAFFIC OPERATIONS SECTION. OBJECTIVE: To gain Board approval of a budget amendment for the purchase of necessary items for office and field staff. CONSIDERATIONS: On May 25, 1999, the Board approved agenda item 16(B)(8) appropriating lawsuit settlement proceeds in the Road and Bridge Operating Fund. A portion of the funds were used to purchase much needed unanticipated equipment as well as replacement furniture which had failed. The remaining $49,322.00 was placed in Reserves for Contingency of the fund. Staff has requested additional space for next fiscal year as we have outgrown our present facility. This space is needed not only for existing on-site staff, but for a traffic signal command center, to house Traffic Operations staff currently located at the County Barn Maintenance Facility, and for files currently stored in a trailer which must be vacated as it is on a proposed Library site. This will require additional furniture and equipment (e.g., plan files for roadway plans, telephones). Further, the Traffic Operations Section requires hand-held 800 MHz radios for crews working in remote locations away from their vehicles in the event of an emergency. FISCAL IMPACT: Funds are available in Road and Bridge Fund 101 Reserves. Furniture and related equipment as noted above are anticipated to cost $38,300.00, communication and data processing equipment are anticipated to cost $8,000.00, and interdepartment payment for services is $3,000.00 for a total of $49,300.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment in the amount of $49,300.00, funds to be encumbered this fiscal year and rolled into next fiscal year for the purchase of furniture and equipment for Transportation Services staff utilizing remaining unanticipated revenue. SUBMITTED BY: Mo.r-~lit~ Kin~, ( ,,ri DATE: 8/30/99 REVIEWED BY: ._ DATE:..~ - fi / '/-7 .,.~~Edward J. K .Transportation Services Director APPROVED B Y$.-~"~ ~.~_~-- DATE: Ed Ilschner, Pubhc Works Administrator ,'GE ,'i .... SEP EXECUTIVE SUMMARY AWARD BID #99-2972 - "IMMOKALEE MSTU/MSTD ROADWAY GROUNDS MAINTENANCE." OBJECTIVE: To award Bid #99-2972 "Immokalee MSTU/MSTD Roadway Grounds Maintenance" for FY 1999-00 to Commercial Land Maintenance, Inc. CONSIDERATIONS: Bid #99-2972, "Immokalee MSTU/MSTD Roadway Grounds Maintenance," is an annual bid which provides for two (2), one (1) year renewals to continue the maintenance of the landscaped medians and road rights-of-way within the MSTU/MSTD. The Purchasing Department sent notices of the bid package to 47 vendors. Bids were opened August 18, 1999 and one (1) bid was received. Staff reviewed the bid and recommends award to Commercial Land Maintenance, Inc. Staff also submitted same to the Immokalee Beautification Advisory Committee ("Committee") on August 18, 1999 for their review and recommendation. The Committee is pleased with the vendor's performance, and agrees that County staff take the necessary steps to have the Board award Bid #99- 2972 to Commercial Land Maintenance, Inc. Staff noted that a mathematical error was made in the bidder's proposal, and a copy of the corrected Bid Tabulation is attached. FISCAL IMPACT: Funds are budgeted in MSTD Road District 5 Fund 106 in the base amount of $99,515.00, plus Alternate Bid V(B), Street Sweeping, in the amount of $16,900.00, plus Contract '"-" Incidentals in the amount of $6,885.00. The Immokalee Beautification MSTU Fund 156 has established an amount of $10,000.00 for allowances for items authorized by the Committee above the base level of service for a total bid award in the amount of $133,300.00. Bid Alternate V(A), Trash Receptacles Service will not be awarded at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board award Bid #99-2972 - "Immokalee MSTU/MSTD Roadway Grounds Maintenance" for FY 1999-00 to Commercial Land Maintenance, Inc. in the amount of $133,300.00 and authorize the Chairwoman to execute the contract after review by the County Attorney's Office. SUBMITTED BY:va1P_,,ga~,, Engin, ~¢f.x-IJ, Lal~sca~e' DATE: rations.:..;.;. ,'5' :7... ') L.//,. - Edward J. Kant,.. ~r-ansportation Services Director REVIEWED BY: .~~o, (Z~, (-(~O~f/?' DATE: Steph~-r~'kL C ' / urchasing/G~neral Services Director "-" APPROVED DATE: Ed Ilschner, P~'~ic'~'o~s Administrator '--------~ - Attachment: Bid Tabulation SEP 1999 Project Title: hmnokalee Beautification MSTU/MSTD Project Mgr: Inquiries Sent: 47 Roadway Grounds Maintenance Tabulation for Bid: 99-2972 Val Prince Packages Rec: 1 Opening Date: 18-Aug-99 Commercial ITEM DESCRIPTION Land Maint I SECTION II - BASIC MAINTENANI~E FI INCTIONS ..... Mowin~ & Eduim, Unit Price $350.~ Total Co~I .... $18.2~,~ ,. lrri~ation System Unit Price $150,~ Total Co~ Weedine Uml Price Tolai G9~l $17,~2.~ General Site Prunina Unit Price $160.~ Total Co~t $~,~20.~ . Trash Removal Unit Price $125,~ Total Co~t Street Cleanint Unit Price $130.~1 T~al C9~[ TOTAL COST {SUBTOTAL "A"I $63~232,~1 11 SECTION I11 - SITE SPECIFIC SEPA~TE .............. ; .......... ~ ........ : ~ , ,, MAINTENANCE FUNCTIONS A CANOPY TR[E AND PALM PRUNING Canoov Trccs-Avril and Seotember · Hollv Price vet Cut $13.~ Priqe [~r 70 Cuts .. $~.[0,~ ...................... Page 1 of 13 Bid #99-2972 Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance Commercial ITEM DESCRIIrI'ION Land Maint .... iCrape Myrtle Price per Cut $~ 3.00 ....................... .... Price [or 72 CuB $936,00 ~at0q:¥ q3uaw~ l'rice per Cut ............... $1.3~00 Price fQr 16 Cuts $208.00 · Ligustrum Price per Cut $13.00 Price for 3 Cuts $39.00 W0x MYrtle Price p~r ~ut .............. $'1'~.00 .............. :'" ....... Pl'ic~ fgr5 (~ut~; $6~.00 Bottlebrush Pri¢¢ per Cut $13.00 ............. Price for 3 Cuts $39.QQ .... Live Oaks Price per Cut $20.Q0 Price for 4 Cuts , SUBTOTAL "B" $2,277.00 Pahns-June Sabal/lTabbage Pahm; Price per Cut ..... Price for 81 Cut~ $1,215.00 Foxtail Palms Price per Cut $12.00 Price for 66 (~utl; $792J~ SUBTOTAL"C" ' ..... :'"$~'.007'i(~' ,' ' ',, ......... ii" ' B FERTILIZATION Turf. Groundcover, Shrubs & Tr¢¢~ Price t~er Price fgr 133 Bag~; $53200 ~ t,.t-} ~>. Seque~;treue lrgn Dreuch Application Price Each ........... $204~00 ...................... "o .,.,.~ Price [gr 4 $1,056.00 / "? Pa/ ,f 13 Commercial ITEM DESCR! PT! ON Land Maint 20-20-20 with Ferromcc AC 13-0-0 plus 6% Iron ..... ,,,, ............. I'rice Each $153.00 Price for 6 ,$918.00 SUBTOTAL "D" ' ' `$21}0~.6i) .............................. C ORNAMENTAL & TURF SPRAYIN(~ Turf Area: Insecticides and Fungicides Price per Appl ........ $252r0Q .......... Pricq: fgr 12 Appl $9,024.00 Price for 5 Appl $(~0.00 ' ' ii ~ '.i -~ · Groundcover, Shrubs & Trees: Insecticides and Funeicides Price ver Aovl $261.99 Price fgr 12 Appl $3.132.00 .............. ................ ' Herbicides Price per Appl `sgl I~..QQ Price for 5 Avol $1,090.00 D MULCHING Price for 3400 Baes ~;,~ ~,r. an Non-Organic Price per Cu Yd $30.00 ': :: ' Price for 15 Cu Yd $450200 SUBTOTAL "F" $4~16:00 q E MISCELLANEOUS SITE FIXTIdRES & FEATURES ' Te~t onqt In,peet Price per Week ~, cr~ =- Priq:~ fQr $2 W~g:k$ $3.380.00 : r'rl Banners Price Each ,$12',5Q -o ~ Price fgr 104 $1.300.00 .r-.~" SUBTOTAL "G" $4.680.00 ~ Page 3 of 13 Bid #99-2972 Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance Conlmercial ITEM DESCRIPTION Land Maint F BRICK PAVERS AND PAVING Pressure Cleaninp_, (April & Nov} Price for 24,500 sq ft .$9,50.00 Price f~or 2 Units $1,900.00 SUBTOTAL "Il" . $1,900.00 G TREE ORATE MAINTENANCE/WATERING Pressure ltose Flush (Quarterly) Price Each Price for 10,5 $1,540.00 Watering Price for 16 Units $160.00 Price for 31 $2,560.@Q SUBTOTAL "1" $4.100.00 H BULBOUTS AND GU'lq'ER CltANNEL DRAINS .. . : Air Blow from Center Price for 24 Units $140.00 Price for 24 $3.360.00 Water Flushed Price for 48 1.Jnit~; $12.,50 Price for 24 ....... .. $600.00 :: ' SUBTOTAL ",l" $3,96Q,Q0, 111 SUMMARY OF ANNUAL COST~ .' Basic Maintenance Funqdons (Subtotal "A") $63.232.00, Site SpeAzific Maintenance Functions for: CanoDv Tree Subtotal CB" x 2) ....... :~'~:~5~.'(J0 ......... ~ "i' :i'i .... ~ Palm pruninl~ Subtotal CC") $2,007.00 -~ ~ Fertilization (Subtotal "D") $2,506.00 ~ g"~ Qruamental and Turf Spra¥inll (Subtotal "E") $7,87~,00 cc, ~ / "~ Pa/ :~f13 Bid ~ ,~)72 Immokalee Beautification MST, )I'D Roadway Grounds Maintenance ) Commercial ITEM DESCRIIrI'ION Land Maint Mulching. (Subtotal "F") ..... $4,6J§~.OQ .......... Miscellaneous Site Fixture;~ and Features (Subtotal G) $4,680.00 Brick Pavers and Paving (Subtotal "1t") ' ' ~ii~0~)'.'{~ ............... " ...... ~ '" 'free Grate Maintenance/Watc:fi na (Subtotal 'T') $4,100.00 Bulbom & Gutter Channel Drains (Subtotal "J") .... $3,969,QQ ............ IV TQTAL BASE BID $/_99_,d2LI~.O0 'q ~, ,7/,7.~''' · V ALTERNATE A TRASH RECEIrI'ACLES , Receptacle Service Per Sections "i11~ 1" , ...... ,,,, 'i, ,, Price for Monday $207'100 Price for 52 Mondays $~.0,764~0Q Price for Wednesday $305.00 Price for 52 Wednesdays $15.860.00 ............... Price for Friday Price for 52 Fridays , , $15.860.00 B [STREET SWEEPING Street Sweeping Per Sections "II,F" and "lilt K" Price Each $)2~ Price for 52 , $16.980.00 VI !Total Men ((~rew Size} To Perform Services : iPer Week $4,00 ....... , ,, , rm IEsti~natcd Total Man-Hour~; to Perform Required 38 Hours -'o ~, IServices Hours per Week , to q- Pase 5o! 13 Bid #99-2972 Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance Connnercial ITEM DESCRII~I'ION Land Maint VII . ADDITIQNAL LANDSCAPE MAINTENANCE .................. SERVICES A GENERAL SERVICES Labor (per ~nan-hour) 9~7,OO[ , ,, Irrigation Labor (per man-hour) $27.00 , Supervision (per man-houri ,.$.40,@1) ................... lrriRatign Supervision (per man-hour) $40.00 Rental ~gst per day of 4000 gallon tanker w/operator .......... 9650,Q0 ,,~ ............. B PLANTING SERVICES I Mulch '" Shredded Cypres~ Bark, Grade "A", 2" Depth pet-sq ft $1.25 Eucalyptus, Grade "A", 2" Depth per sq ft 91 Pine Straw, Y' fluffed depth per sq ft $0.75 Washed S'i~ell, y' depth per sq ft $0i7~ Gray Slag Gravel (1/2") per sq ft ........... 91.25 2 ?lants ':",~ a 4" Container, Annual~gPerennials 92'00 Begonias, hnpatiens, Lantana, Pentas, Purple Queeu ................................ Dune Sunflgwer Price Each b 1 Gallgn Container African Iris Price Each 94'7,5 ~ ~ ~ Coontie Price Each $ 0.001 '" ' r'~ Day,Lily, " ..... "~ ~ . evergreen variety Price Each $6]v0 ......... ,,,,1 ..~. ~ . ~ ' ~ Par' q 13 Commercial ITEM DESCRIPTION Land Maint FIoridaGama 14rass Price Each , , $7.00 ...................... Juniper 'Pal sonii' l'rice Each $,5.Q0 Liliope 'Evergreen qJiant' l'rice Each .$5.00 Purple Queen Price Each Spider Lily Price Each ............ $,5,,Q0 ............. c 3 Gallgn (~ontainer Cocoplum 'ltorizontal' Price Each ...... .$'11.50 Cogntie Price Each "$3~5.00 ,Dwarf Bougainvillea Price Each $ I ~.00 ....... Fakahatchee Gra~;~ Price Each SJ 3.00 Florida Privet Priqe Each $1~.00 : ' ID~ 'Schellines Dwarf Price Each $15'.6i3 .... Indiil0 ttilwthorn 'Alba'. white Price Each $13.00 lxora 'Ngra Grant' Price Each .... Juniper 'p~trsgnii' Price Each $1~00 Spider Lily Priqe Each .............. $1'~'166 " Thryallis Price Each .......... $13.00 ' [ . Turnera 'Yellow Alder' Price Each I $13.00 Wax Myrtle Price Each $13.00 Saw Palmetto Price Each ......... $35.00 Page 7 of 13 Bid #99-2972 Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance ITEM DESCRIPTION Commercial Land Maint Sea Oats Price Each ..$1.7,50 Silver Buttonwood Price Each ,. $13.,00 Simpson Stopper Price Each '$17.00 ....................... Varigated Pittosporum Price Each $13.00 Waiter's; Viburnum price Each $[3.,00 d 10 q;allqn ~qntainer ... Bottlebrush 'Red Cjuste," Price Each $95.00 Cardboard Palm Price Each ............ $110:0~ .... q~atlle¥ Guava Price Each $85.00 " q?rinum Lily Prit;e Each $8,5.00 (~rape Myrtle Price Each $$5.00 · Hibiscu~ Standard Price Each $85.00 :~ ........ ~ ......... King Sag9 Price Each , ,, $120.00 ' Lieu~;trum Price Each $85.00, Myrsine Price Each $120.00 ISilver Buttonwood Price Each ...... $8~.0~ ' .... : · $imp~;gn Stopper Price Each ,$85~00 ' Iwax Mythic Price Each $85;I)0 " Vari~ated Pitto~;porum Price Each '' ~ Si 1O.00 " rm e 30 Gallon Container '~ .......... co ~ ; Pr 'Of13 Commercial ITEM DESCRIPTION Land Maint Bottlebrush 'Red Cjuster' Price Each ~;2QQrQQ ........ Ca~;~ia Price Each $~30{).00 Crape Myrtle Price Each '"$220'.1~ ....... ~!! .............. Dah99n llolly Price Each $220.00 ,HoiI¥ 'Ea~;t Palatka' Price Each .... $220,00 .~ ......... Foxtail Palm Price Each Lillu~trum Price Each ..... :$220.00 ........... Live Oak Price Each $220.00 Mahogany Price Each ..... $22~},Q9 ................. Red Maple Price Each $2~Q-QQ Qranlle Geiger Price Each $220.00 Slash Pine Price Each :: $220.00 ......... ' Tabel~uia 'Ipe' Price Each ~ $225.00 :': ' Wax Myrtle Price Each ' $~Q.0Q White Geiger Price Each '!' $225.00 f 65 Qailon Container Bottlebru~h 'Red Clwter' Price Each . $375,00 ..... . q2ravq: Myrtle Price Each $37~.QQ Dahoon tloIIy Price Each $137~5.00 ttolly 'East Palatka' Price Each ....... '"$475.00 Bid #99-2972 Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance Commercial ITEM DESCRIPTION Land Maint Foxtail Pahn Price Each ........... ~00.00 ...................... Ligustrum Ih'icc Each $4~Q.Q0 Live Oak Price Eaqh ' $~50100 ............... '' Mahogany Price Each ' $450.00 " Red Maole Price Each $450,00 Qrange Geiger Pric¢ Each $42~.QQ Slash Pine Price Each $400.09 Tabebuia'lpe' Price Each $400.00 , , , ,., , Wax Myrtle Price Each $4QO.Q{) ............ White qleiger Price Each $42,5.99 3 Palms S01)al palm (Iff to 20' q?.T.) Price Each $209.09 ~? . ~.,., ~ .~i ...... ,.~... ~ . ..~ Sobal Pahn (10' to 20' Booted) Price Each I(eV Thatch Palm {6' to 7' ht field crown) Price Each $325.00 RoYal Palm (l(J' tO 18' C.T.) Price Each .......... $~'~5.00 !?! ' .... '/' i ' ' ~arpentaria Palm (16' C.T.) Price Each $600.00 Washinvton Palm (30' C_T3 Price Each $900.00!. 4 ~anopy Trees .......... i ....... i - Live Oak(100 aai container. 4"-5" cal. 16' lit) Price Each $625.001 Commercial DESCRIPTION Land Maint Live Oak(200 gal container, 6"-8" cai, 20' hr) l'ricc Each $1~QO,OQ ................. LIQUID FERTILIZATION APPLICATION Turf Price per sq ft .... $'0.02 ~Pianting Beds Price per sq ft $0.02 SOD SERVICES .............. Per ~;q ft $0.40 SOD/TURF GRASSES Conventional lrrieation ....... ~t Augp~tin~ FIoratam Muck qh'Qwn Price per 500 sq ft pallet $180.00 Floratam Sand qb'own Price per 400 sq ft pallet .... $150.00 Pahnelh~ Mm:k Grown Price nar 51-10 sa fl nallel Palmetto Sand Grown Price her 400 .~a fl nailer $150.00 Riller Blue Muck Grown Price ner 500 .qa fl nallel $22.0_00 Rifler Blue Sand Grown Price her 400 sa ft nalle! $160_00 Bahia , , Ar~,enfine Sand Grown Price net 400 sa fl nallel $120.00 SHhSllrfac~ lrri-allnn St Augustine .............................. Floratam Muck Grown Prige per ,500 ~;q ft pallet $380.00 "~'''' Flgraham Sand Grown Price per 400 sq ft pallet $350.00 , Piflnlq:tto Muck Gl'own Price uer 500 so ft millet 15380.00 Palmetto Sand Grown Price pet' 400 sq ft pallet Bitter Blue Muck Grown Price per 500 sq ft pallet Pagell ell3 Bid #99-2972 Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance Commercial ITEM DESCRIPTION Land Maint Bitter Blue Sand Grown Price per 400 sq ft pallet ~;~(~Q~0Q ,,, Bahia IArgentine Sand Grown Price per 400 sq ft pallet ........... $)20.00 VIII ADDITIONAL/EMERGENCY LANDSCAPE MAINTENANCE SERVICES M~win. & Edoin~ Price ncr s~ ti 'Weedint~ (h:md remc~v:~l & h;md x~r:~ve~l Imrhicide/ Price ncr ~ [I '$0,0~ : ' ........ Prnnin. (Per Secli~m "11-1')"/(Remt~val dehrix I(~ landfill xife/ PI'jOe I~er Iff Price per Bag $1 Trash Pickup & Removal (Ba~eine & disposal to a landfill ~f trash from landscape areas & on-site containers) Price per br $27.00 J,,, Irrigation System Review Price per br Travel Time Price per hr $27.~ Labor per person Price per hr $27.00 ..... '~ .... Truck Ooerator (Class B or hiRher current State of Florida Driver License) Price per hr qA"' ' List of Subcontractors? Yes Coov of Cm~'ent Land~¢0pe Contractor's License'? Yes Verification of current vroiccts? y~ ............................. I .isl of Owned/l .eased Emfinmenl'? Yg8 l)ncmnenlalinn ~f l~xnerience? swee~ing emfimnent? Bi,. )2972 Immokalee Beautification M~. )STD Roadway Grounds Maintenance ) Commercial ITEM i) ESCRII'TION Land Maint Addc~mhln~ AckfJ~wlcdt'cd'! Yes Wilncss: l(Jm PrccHn Page 13 of 13 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO AMEND THE SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY STATE REVOLVING FUND LOAN BUDGET OBJECTIVE: That the Board of County Commissioners, Ex-officio Governing Board of the Collier County Water Sewer District, approve a budget amendment to recognize the remaining balance of the State Revolving Fund (SRF) Loan proceeds associated with the recently completed South County Regional Wastewater Treatment Facility (SCRWWTF) improvements. CONSIDERATIONS: The SRF Loan in the amount of $13,449,288 plus/capitalized interest and Loan Service Fee was secured to finance the improvements at the SCRWWTF, CIE//916, Project # 73053. SRF loans are administrated on a reimbursement basis. As of September 30, 1998, we had requested $11,973,983 in SRF Loan proceeds. The balance of $1,476,000 (rounded) will be requested in the 98/99 and 99/00 fiscal years. In order to balance actual loan proceeds to the current fiscal year's budget, a loan budget needs to be established with corresponding transfers of funds between the Utility Debt Service Fund and the Wastewater Capital Fund. FISCAL IMPACT: All actions described herein are consistent with the original project funding approach. Budget amendments of an administrative nature are required to re-establish the remaining loan (the portion which was received in FY 98/99), to set up transfers from the Utility Debt Service Fund (410) to the Wastewater Capital Fund (414) and to adjust Reserves, as follows: Fund No. 410 County Water and Sewer Debt Service Project No. 73053 SCRWWTF Contract//2 The budget amendment will be prepared as follows: (Rev) Increase Loan Proceeds $1,281,700 (Exp) Increase Transfer To Fund 414 $1,018,000 (Exp) Increase Loan Reserves $ 263,700 Net Loan proceeds in the amount of $1,018,000 will be transferred to: Fund No. 414 County Sewer Capital Projects Project No. 73053 SCRWWTF Contract #2 The budget amendment will be prepared as follows: (Rev) Increase Transfer In from Fund 410 $1,018,000 (Exp) Increase Reserves $1,018,000 SEP I q 1999 P~. I Page 2 Executive Summary Approve B/A, SCRWWTF SRF loan GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners, Ex-officio Governing Board of the Collier County Water Sewer .District, approve the budget amendment as described herein. , Prepared by: -.~c~t0t~ /9/). CJ,J/t.q,/- Date: C~/o21~7 ~enior accountant ~/~~~7 Reviewed~ .~/ _~ Date: ~~~i~, Pubic Works Operations Director '~ - / ' / Reviewed ~?~ ~ Ed Ilschner, Public Works Administrator ,0. It, (~) (t_,y SEP lq l~s C:',WINDOWSWEMD, ES S~ Loan 73053 FY 99.doc PG. ~ EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO WAIVE LANDFILL TIPPING FEES FOR THE COASTAL CLEAN-UP PROJECT. OBJECTIVE: To gain Board approval to waive landfill tipping fees for the Coastal Clean-up project. CONSIDERATION: The annual Coastal Clean-up project will be conducted on September 18, 1999. Project representatives have requested waiver of landfill tipping fees for disposal of litter and debris collected by event volunteers. FISCAL IMPACT: An estimated 20 tons of material for a total of $533.00. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: Ihat the Board of County Commissioners waive the landfill tipping fees for disposal of litter and debris collected in the annual Coastal Clean-up project. SUBMITTED BY: ,/'~/~2-~--'4;~7/d',//--~;:/~/ Date: ~' :(/' David W. Russell, Director, Solid Waste Management Department Ed II~chn~ Works Administrator EXECUTIVE SUMMARY ..._ACCEPTANCE OF LIBRARY LONG RANGE PLAN , IN ORDER TO QUALIFY FOR FY2000 '~BRARY OPERATING GRANT (STATE AID TO LIBRARIES), ADMINISTERED BY THE ~ORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, AND PERMISSION FOR CHAIRWOMAN TO SIGN APPLICATION. OBJECTIVE: Approval of the Library Long-Range plan and action plans, a required component in order to receive financial aid from the State Library of Florida for which the Collier Coun[y Public Library qualifies under Chapter 257 of the Florida Statutes, and permission for the Chairman to sign the application for State Aid. CONSIDERATIONS: The Board has approved submission of the Application for State Aid and associated contracts and documents for over two decades. State Aid to be recognized in FY 2(}00 is anticipated in the County's FY 2000 budget as Fund 129 revenue. State Aid is available to Florida public library systems which qualify as a result of meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter lB-2 Florida Administrative Code. The grant amount is calculated by means of a formula which considers: (1) the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue a one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida which qualify in a given year and (3) the total amount made available by the State Legislature for such grants for the year. State Aid to Libraries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local effort towards that end. The Long Range Plan is prepared by the Library Staff in consultation with the Library Advisory Board, and includes various components required by the State Library. .SCAL IMPACT: State Aid was included as anticipated revenue ($325,800) in the FY 2000 Collier County Budget (129-156110-33471()). Actual amount likely to be received may be slightly more. A budget amendment will be prepared to authorize the expenditure of the difference once a final figure is available. Funds that result from this particular application will not arrive until FY 1999-2000. GROWTH MANAGEMENT IMPACT: State Aid may not be used to fund capital construction. It may be used for operating purposes and equipment. RECOMMENI)ATION: Staff recommends the Board accept the Library Long-Range Plan, authorize the Chairwoman to sign it and the application fi)r State Aid, and approve their submission to Florida Department of State, Division of Library and Information Services. Marilyn Ma~thes, Assistant Director APPROVED J°~~n~.}br~ry ~0ctOr .__ REVIEWED AND ~_....~ I -- APPROVED B ?'-~.,~ DATE ~xh~ Thomas W. OllitT, Public ~}l.,~ic~s Administrator Age~d&, :~te~ No. Project Number FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY1999-2000 STATE AID TO LIBRARIES GRANT APPLICATION Single County Library The Board of County Commissioners , (name of library governing body) goveming body for the Collier County Public Library (name of county library) hereby applies to the Division of Library and Information Services, Flodda Department of State, for State Aid to Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 1999 and ending September 30, 2000. ~,ertification of Local Operating Expenditures We certify that the following total funds from local sources were expended centrally dudng the fiscal year beginning October 1, 1997, and ending September 30, 1998 (second previous fiscal year) for the operation and maintenance of a library under the conditions outlined ir', Chapter 257, Flodda Statutes, and guidelines for the State Aid to Libraries Grant program We further certify that the amount listed below does not include any of the followinq: · Funds received from the federal government · Funds received from the state government · Funds used for purchase or construction of a library building or library quarters Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program. Total local funds expended centrally by the library for the operation and maintenance of a, library between October 1, 1997 and September 30, 1998, (The second previous year) $ 3,797~092 J Agenda, ~t~m, ' Form #DLIS/SA02 [ pg._~ _ Effective 4/1/98 Grant Agreement The Applicant (Grantee) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, andguidelines for the State Aid to Libraries Grant program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national origin, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Submit an audit or attestation statement pursuant to Section 11.45 and 216.349, Florida Statutes. e. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on ~,'hich this -2greement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Flodda Statutes and guidelines for the State Aid to Libraries Grant program c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. Ill. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or wdtten, between the parties. No amendment shall be effective unless reduced in wdting and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Flodda. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain i~-; full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any dght, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such dght, power or remedy of Effective 4/1/98 SEP 1 1999 either party; nor shall such delay or omission be construed as a waiver of any such breach or ...--.. default, or any similar breach or default. ~,. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Flodda Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the lim!t,: of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other dghts or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent ---- contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties or obligations under this agreement without the pdor written consent of the DIVISION, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the dghts, duties or obligations of the Department to another governmental entity pursuant to section 20.60, Flodda Statutes, or otherwise, the dghts, duties and obligations under this agreement shall also be transferred to the successor government entity as if it were an odginal party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant program. The DIVISION shall provide Grantee a wdtten notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated pedod, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice Effective 4/1198 No .~ / i SEP 1 lggg I shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily - -.. completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of of grant award. THE APPLICANT/GRANTEE DIVISION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA % Katherine Harris Secretary of State Date Date ATTEST: Dwight E. Brock, Clerk Clerk of the Circuit Court Witness Date , y F~'-, Nsmc,~,~'4,,. ~,,,~, ,.,,. Cf Official Approved as to form and legal sufficiency: Thomas O. Palmer Assistant County Attorney Effective 4/1/98 ~e L__ Pg. ~ ,," Expenditure Report- October 1, 1997 . September 30, 1998 (See instructions for information to assist you in completing this form.) EXPENDITURE FUNDING SOURCES: TOTALS CATEGORY LOCAL STATE FEDERAL OTHER i0 Personal Services $ 2,198,236 ...... $ 2,]9,~,236 30 OperatinG Expenses $ 765,812 $ 166,706 .... $ 932,518 60 Capital Outlay (Non-Fixed) $ 833,045 $ 166,106 .... $ 999,751 Other . - < .,.~ . :_ __ . ~,~.....: Total f,.-'nds expended for the operation & amoUnt O~l maintenance of the library page 60 Capital Outlay (Fixed, including purchase or $ 827,621 ...... $ 4,958,125 construction of a library building or quarters) SIGNATURES)) ~m ,~f'finance manager inistrative head Date ' z Date Forn~ SISAO;~ ( ( age 5 of 5 Effect,. ~ 4/1/98 Collier County Public Library 650 Central Avenue Naples, Florida Long Range Plan Action Plans August 1999 ' Agen'd.a, SEP 1 ~t ~999 Pg. I. MISSION STATEMENT Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. II. GOAL, OBJECTIVES AND STANDARDS A. Goal It is the goal of the Collier County Public Library to provide a modern Public Library system that serves the informational, educational, and recreational reading and multi- media needs of residents of all ages, interests, and circumstances. B. Objective 1: Services Collier County Public Library will provide an array of services to the citizens of Collier County that are consistent with the goals, objectives and policies of the Library Advisory Board, the Collier County Board of Commissioners, and all relevant elements of the Collier County Growth Management Plan. · Standard la The Library under the approval of The Library Advisory Board shall fulfill the following roles, services and activities: · Community Information Center · Preschoolers Door to Learning · General Reference Library · Popular Material Library · Formal Educ~tion Support Center · Independent Learning Center · Research Center · Access to Modern Multi-media · Sponsor of Educational, Information, and Cultural Program & Activities · Standard lb The Library shall periodically evaluate through surveys, output measurements and patron interviews the services provided and determine if the balance of the various roles of the library are appropriate to the needs of the community. Agenda, I l;eq~ 1 19.99 C. Objective 2: Levels of Service-Materials The Collier County Public Library shall adopt levels of service standards in order to provide the residents of the county with a collection of Library materials that will aid in the provision of their educational, informational needs. · Standard 2a The Library book collection shall equal the standard set forth in the Growth Management Plan. · Standard 2b The periodical collection shall equal 1 subscription per 450 residents, with sufficient unique titles to meet the general and special interest of the community. · Standard 2c The Library shall provide current high demand audiovisual materials equal to a minimum of 50¢ per capita to meet the needs and desires of the community. · Standard 2d The Collier County Public Library shall participate in regional, statewide and national consortia or networks to enhance access to information and achieve economics by sharing resources. D. Objective 3: Levels of Service-Staff The Collier County Public Library shall adopt Levels of Service Standards to provide a Library staff that is sufficient in number and in range of expertise to provide access to the Library collection and to other information resources throughout the region, the state and the nation. The County Manager and Board of' County Commissioners must approve this policy. · Standard 3a The Library shall maintain the professional Librarian staff at one per 10,000 residents. · Standard 3b The Library shall maintain the support staff at 2.5 per professional in 1996, 2.75 in 1998 and 3.00 per by the year 2000. E. Objective 4: Level of Service-Facilities · Standard 4a As per the Growth Management Plan the county shall provide minimally .33 square feet of Library facility space per capita. '"'" · Standard 4b The Library Advisory Board shall develop and maintain a long range building plan. III. LIBRARY SERVICE ROLES The Library has identified six major service roles that it plays in the community. Each role description is a shorthand method of describing what the Library is endeavoring to accomplish, who should be served, what benefits will be derived for the community and what resources are required to fulfill that role. A. FORMAL EDUCATION SUPPORT CENTER The Library assists students of all ages in meeting educational objectives established during their formal courses of study. This includes students in elementary and secondary schools, community colleges, universities, or technical schools, as well as those in training programs, adult basic education, and continuing education courses. While the Public Library does not accept primary responsibility for satisfying the information needs of students in a formal education program, it is an indispensable adjunct to the libraries found in the educational institutions. However, the Public -..-- Library does accept primary responsibility for the independent learner, the vocational training programs and other citizens involved in non-structured learning experiences 1. Benefits to the Community Citizens find material to supplement what is available in school or academic libraries. The Public Library is an alternative site when school or academic libraries are inconvenient or unavailable. In addition, the shared use of materials needed may save individuals thousands of dollars annually. 2. Resources Needed to Fulfill Role Support of a Formal Education Center requires the collection of Library materials to contain resources in all formats and educational levels through the undergraduate level. Resources include reference materials, periodicals, abstracts and indexing services, on-line databases, and access to interlibrary loan. The staff must be trained and possess a working knowledge of sources of appropriate information to meet the needs of these Library users. 3. Measurements to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. These will include: . ~enqa~. ~.tet~ / $ · User surveys · Reference completion rate · Inter-library loan activity reports · Reference activities statistical reports · Unsolicited patron comments B. INDEPENDENT LEARNING CENTER Learning is a lifelong process, and the Library supports individuals of all ages pursuing a program of learning independent of any educational provider. The Library will support individuals in their quest for self-improvement, job-related development, hobbies, and cultural interests. The staff must be capable of helping these learners identify an appropriate selection of materials, determine needed resources for the collection and actively engage in on-line research. 1. Benefits to the Community Citizens can fulfill their lifelong learning needs through an unstructured program of self-determined and self-paced study. Independent learners seeking a higher degree of employment skills can make use of the resources to advance in the workplace, improve their standard of living, and in general participate at a higher level in the community. In its simplest form, a citizen can learn to plant a garden, to fix a clock or to select the best value in the marketplace. Through this role, the Public Library supports an educated, self-reliant and productive citizenry, thus contributing to the stability, attractiveness, and economic well being of the community. 2. Resources Needed to Fulfill Role The Library collection must have a wide range of circulating subject materials relevant to the interests of independent learners of all ages. The materials must be in a variety of formats and geared to varying levels of ability. The staff must be trained and skilled in assisting both the serious and the casual learner. The Library facilities must be easy to use, have good signage, comfortable reading areas and quiet study locations. 3. Measurements to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Non fiction circulation per capita · Statistical report of non fiction multi-media · Patron interviews and comments · lnterLibrary Loan subject and reports Agenda I~e~ 1 4 lgg§ C. POPULAR MATERIALS LIBRARY For many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for persons of all ages. The library must fictively promote and encourage the use of its resources. 1. Benefits to the Community Library patrons have access to a wide variety of popular materials for reading, listening and viewing. Reading is the #1 past time in the United States. Without the Public Library individuals would have to purchase these materials. Thus the Library returns an economic benefit to those who borrow rather than buy. In addition, the library's support for cultural and leisure activities makes the community an inviting place to live in and visit. 2. Resources Needed to Fulfill Role The library collection must include current and popular materials in a variety of formats, with sufficient duplication to meet demand. The staff must be knowledgeable about current popular subjects, anticipate punishing trends and gauge public interest. 3. Output Measurements Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Circulation per capita · Collection turnover rate · Patron comments D. PRESCHOOLERS' DOOR TO LEARNING The Library encourages young children to develop an interest in reading and learning through services for children, services for parents and children together and services for children's care-providers. Parents and other adult caregivers can locate materials concerning reading readiness, parenting, childcare and child development. The LibratT promotes reading readiness from infancy, providing services for self- enrichment and for discovering the pleasures of reading and learning. Services include programs for infants, for parent and toddlers and training for parents through workshops, book talks and other parenting skill development activities. The Library provides outreach to day-care centers, the school system or the recreational and community centers. The Library specializes in reading readiness programs designed to introduce children and parents to a wide range of materials and formats. 1 199 PQ '~ 1. Benefits to thc Community Preschoolers have a place designed for their educational and recreational needs with trained adults to lead, guide and direct their intellectual curiosity, stimulate new interests and to instruct them in finding information. They become familiar with Library materials in a variety of formats and develop reading, listening, viewing, and thinking skills. At the Library, parents can obtain resources and services to support their efforts to develop their children's interest, experience and knowledge. For the community, the Library promotes early reading and the acceptance of reading as a normal and satisfying endeavor: This role promotes life long learning, and contributes to the community as a center for the intellectual growth for individuals of all ages. 2. Resources Needed to Fulfill Role The collection must contain a variety of materials and formats for preschoolers and for adults working with young children. The collection will provide a variety of media to help children expand their imagination and develop motor and sensory skills. New and historically popular books will be available in multiple copies. The staff must be professionally trained, knowledgeable about early childhood development and children's literature and capable of promoting reading readiness. They must have the training and ability to guide children's choices of books and other materials. In addition, they must be skilled in planning and conducting programs. The Library facilities must be in areas easily accessible to young children. Ample, inviting space must be provided for programs and story hours. The children's space must be visual and exciting, well organized, well kept and active. 3. Output Measurement to Evaluate Role a. Circulation per capita for juvenile patrons b. Visits per capita (children's population) c. Number of children's programs presented per location d. Children's program attendance per capita e. Registration per capita f. Number of parenting activities provided E. REFERENCE LIBRARY The library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. The Library promotes on-site and telephone reference information services to assist citizens in accessing needed information for both personal and professional lives. Information provided may range from answering practical everyday questions, and specialized business related research, to answering questions about government or providing consumer SEl 1 lggg information; in addition, the library will participate in interlibrary loan and cooperative reference service to meet patron needs for information not available locally. The reference role requires the development and advancement of electronic data capabilities to allow participation in regional, statewide, and national information networks. ~,- Benefits to Community The reference collection is considered the 'heart & soul' of the library service. If practically developed, the collection provides the source data to deal with many of the informational and educational needs of a normal adult community. The scholarly benefits assist the public school student and support the educational process. A good working reference collection saves the taxpayer money and provides them with current, accurate, and easy to understand practical information. 2. Resources Needed to Fulfill Role The collection must contain a large number of practical titles, extensive serials holdings, electronic data capabilities along with an extensive array of printed and electronic abstracting, indexing and database services. The collection will contain some scholarly and technical materials; however, they will be limited to the junior college level. The main thrust of the collection will follow the 'peoples university of practicality' concept. 3. Output Measurements to Evaluate Role a. Number of reference questions asked b Reference questions per capita c. Number of reference questions answered d. lnterLibrary loan activity e. Subject studies IV. MATERIALS 1. Books The Growth Management Plan adopted by the Board of County Commissioners, calls for the development of the book collection at the rate of 1.05 books per capita. In 1994, the Board of County Commissioners instructed staff to increase the books per capita threshold by a rate of .05 yearly until the State mean is reached. In 1998, the Board of County Commissioners again raised the books per capita threshold to .075 yearly. The following chart visually depicts book stock requirements as it relates to population growth. SEP 1 YEAR GMP BOOKS ADJUSTED REQUIRED BOOK PER CAPITA POPULATION STOCK 1999-00 1.375 250,027 343,787 2000-01 1.450 260,028 377,041 2001-02 1.525 270,429 412,405 2002 -03 1.600 281,246 449,994 2003-04 1.675 292,496 489,931 2004-05 1.750 304,196 532,343 2005-06 1.825 316,364 577,364 The cost of the books will be calculated based upon actual systems data and the cost projections provided through various American Library Association approved sources such as Publishers Weekl3, annual cost list. *At present, the actual book stock meets requirements. 2. Non book materials The Library system will continue to take advantage of new innovations and products that relate to the mission statement of the Collier County Public Library. The following areas at least through the year 2005, will continue to be developed as major non-book activities. 1 ) Periodicals 2) Newspapers 3) Videos 4) Books on Tape 5) CD-ROM applications for home computers 6) Music for listening pleasure. 7) lnternet 8) Electronic data bases V. STAFF The Grow, th Management Plan has no mechanism that addresses the need for new staff members to support the growing infrastructure envisioned by the Plan. In addition, the Library profession has no official standards to serve as guidelines for staff size. Thus, staff size is a local matter ultimately depending on the budgetary conditions of the local government and the philosophy of the County Manager and/or the Board of Commissioners. The two most accepted methods for calculating staff size are both centered on means testing. These methods are: Agenda "-" 1 ) Full time equivalents (F.T.E.) per 10,000 residents 2) Circulation per employee For both of these methods there are national and state norms created. In 1995, The Library Administration adopted and presented a model for circulation per employee to the County Management and the BCC. This model was based on state and area norms. The State mean is 1 employee for every 13,890 circulations. The local area mean is 1 employee for every 15,865. This includes Lee County's standard, which is 1 employee for every 14,370 circulations. At present, because of budgetary constraints, the Collier County Library ratio is 1 employee for every 21,000 circulations. At the end of fiscal year 1996, this ratio exceeded 1-25,000 circulations. The LAB finds the ratio intolerable, but lacks the authority to mandate a personnel standard. Projected Staff Needs for the Collier County Public Library Year Population # of # of non- Total staff Professionals professionals needed needed 1999-2000 284,000 28 84 i ! 2 2000-2001 297,000 29 87 116 2001-2002 312,000 31 93 124 Projections are based on the American Library Association norm of 1 professional for each I0,000 citizens and 3 non-professionals for each professional. It should be noted that at present the Collier County Public Library is authorized 72 FTE's, or approximately 64% of standard. VI. FACILITIES A. AUTHORITY The Growth Management Plan adopted by the Board of County Commissioners calls for public Library facilities to be constructed at the rate of .33 square feet of space for each ,_.,. citizen. In addition, the G.M.P. provides a mechanism for the stocking of these branches by identifying books as a capital expense and creating a books per capita threshold. The G.M.P. does not provide for the daily operations of new facilities built under this Agendl~t 9 program. The legally constituted Library Advisory Board is required by the Board of County Commissioners to approve and adopt a recommended Long Range Plan for the construction of said Library facilities as authorized by the G.M.P. In addition, the LAB also recommends the general areas for the locations of these facilities. B. POPULATION The population of Collier County in 1970 was calculated to be 38,040. This population had grown to 186,504 by 1995. AccOrding to a report by the Bureau of Economic and Business Research, Collier County's population grew by 77% during this time frame while the rest of the state grew by only 33% and the U.S. by 10%. Collier County has an estimated population density of 92.1 persons per square mile. Between 1990 and 1995, Collier County's permanent population is estimated to have increased by 35,000 people with growth continuing at an annual rate of approximately 3%. The pace of growth is expected to continue at this level. The Collier County Public Library serves three distinct segments of this population. The largest segment is comprised of the 12-month residents. This figure is officially calculated every 10 years by the census bureau and up-dated periodically by the State of Florida. This permanent segment is estimated to be 180,000 citizens. In addition to the 12-month population, a unique feature of Collier County is another segment, which declares, for tax purposes, Collier as its home residence. These citizens are required by law to domicile within the County at least 6 months plus 1 day each year. This population is estimated to be about 80,000 strong. These two segments create a year round Library service population of about 260,000 people. The third segment of the population is comprised of those who choose to only winter in Collier County; therefore, limit their stays from 30-120 days. This population can add as many as 60,000 additional citizens to the service base during the time frame referred to as "the season". One characteristic common to all three populations is their use of the public Library system. In recognition of this floating population figure, a weighted population scale was adopted as part of the growth management planning process. This scale more accurately reflects the actual user population of our public Library system. In addition to all County and State data, public Library records support the weighted population concept. For the time periods of November through May, Library usage and circulation is 30% greater than June through October. In addition, a review of internal records reveals large numbers of multi-residence users and a high number of non-resident users. Chart :At:l, visually depicts the estimated actual figures for our population. Chart #2, visually depicts the weighted population and square footage requirements. Chart #3, depicts our present inventory of square footage by location. i No._Zt - -y / SEl ol lg99 ~" CHART #1 COLLIER COUNTY - Permanent Population Estimates and Projections By Planning Community (1990-2020) (April 1) Planning Communities 1990 1995 2000 2005 2010 2015 2020 North Naples 24,892 38,438 51,877 66,417 82,230 100,152 119,825 Central Naples 13,595 15,150 20,448 26,179 32,411 39,475 47,230 East Naples 19,627 21,429 28,922 37,028 45,844 55,835 66,804 South Naples 12,820 16,809 22,686 29,044 35,959 43,796 52,399 Golden Gate 18,412 25,675 34,652 44,364 54,927 66,897 80,038 Marco Island 10,975 13,146 17,743 22,716 28,124 34,253 40,982 Urban Estates 4,719 8,790 11,863 15,188 18,804 22,903 27,402 Immokalee 15,314 18,260 24,645 31,552 39,064 47,578 56,924 Rural Estates 5,482 10,771 14,537 18,612 23,043 28,065 33,578 Corkscrew 1,229 1,419 1,915 2,452 3,036 3,697 4,424 Royal Fakapaim 4,992 6,101 8,235 10,543 13,053 15,897 19,020 Big Cypress 218 245 330 422 523 637 762 City of Naples 19,505 20,629 21,681 22,787 25,455 26,753 28,118 Everglades City 321 538 567 597 628 661 696 County Wide Total 152.099 197,400 260,100 327,900 403,100 486,600 578,200 Source: Bureau o. f Economic attd Business Research - UniversiO' of Florida Bulletin #111, February 1995 Note: A II projections based upon Bureau qf Eco.omic attd Business Research "high" range figures, and are as of April 1. CHART #2 Square Footage Requirements via G.M.P. Year Population G.M.P. Square Footage ~equir. eme~t 98,99 .270,0~7 99-00 283,529 93,564 ..... OOrOl ~98~!34. 01-02 313,020 103,296 02-03 327,907 108,209 03r04 ~4~,79.3 !~,!2! 04r05 357,679 2010 403,100 ~3,023 CHART #3 Present Inventory of Square Footage Branches In Place & Usable Additions Approved Total and Funded Collier North 7,000 0 7,000 Headquarters 35,800 0 35,800 Golden Gate City 7,000 0 7,000 East Naples 6,600 0 6,600 Marco Island 11,600 0 11,600 Everglades City 900 0 900 Estates Branch 11,200 0 11,200 Immokalee 4,000 0 4,000 County Totals 78,100 0 84,100 C. FACILITY LOCATION While the G.M.P. addresses the square footage requirements for library service, it does not specifically deal with the concept of location or size, nor does it support or deny stockpiling or building for future growth. Thus, future site planning for the locations of Library Service Centers is dependent upon proper interpretation of projected population growth by area. In Collier County, a great deal of raw data pertaining to this activity is already collected, stored and interpreted by various County offices. This data is public record and available for review by all citizens. Of particular value when reviewing this data are the build-out studies, traffic flow reports and the long range planning done by Road 8,: Bridge. In addition, many land use patterns have already been approved and permitted. Map :gl visually depicts the present locations of our Library Service Centers and the 12 planning communities of Collier County. D. PROJECTED POPULATION GROWTH Collier County has become increasingly popular as a primary home for many people. This growth is due to many factors of which one is our County infrastructure, which provides outstanding public services and a high quality of. It is estimated that during peak seasonal months, all planning areas except Immokalee realize a 33% population surge. While this surge is recognized, it is not one of the key factors used in identifying permanent population growth. It is also noted that sometimes population projections do not fulfill expectations. However, careful studies of existing PUDs and other land use project documents can lead to some very accurate forecasting of a general nature. In other words, you may not be able to identify a particular street, but you can pick a Agend,~ neighborhood. The following chart reflects the population growth within the service radius of each branch. POPULATION PROJECTIONS BY AREA Branch Library Planning Districts Total Population Total Population Total Population Total Growth Served Within 1995 2000 2005 Radius Collier North 1-2-12 62,500 95,500 109,500 47,000 Estates Branch 8 11,000 15,000 19,000 8,000 East Naples 4-5 38,500 52,000 66,000 27,500 Golden Gate 3-8-12 46,000 61,500 77,500 31,500 Marco Island 6 14,000 18,000 23,000 9,000 lmmokalee 10 18,000 24,000 31,000 13,000 *In the above chart, the line for rural estates, combines planning districts 8 and 12. This chart indicates that large population growth is expected in planning areas 1, 2, 3, 4, 5 and 12, during the next 10 years. Districts 1, 2 and 12 are homogeneous in location forming the Northwest boundaries of the county. A study of the building permits issued over the past several years would indicate that district 2's growth is slowing down and may be approaching build-out. However, districts 1 and 12, have issued permits at a rate higher than the combined rate of all the rest of the county. The two charts shown in Appendix 1 visually depict a six-year history of the building permits and the type of structures being constructed. These charts clearly indicate that the North is growing, followed closely by Golden Gate and the Estates. The third area for growth includes South Naples and Marco Island. E. POPULATION CONCLUSIONS The next step is to tie the past into the future. During the past 25 years, our County's population has grown by 150,000 people. Between 1980 and 1990, the County population grew by 77% for a 10 year average of 7.7% per year. However, from 1990-1995, the growth slowed to approximately 3% per year. It is now believed by most planners at the State and local area, that the 3% growth rate will become the norm with a full County build-out producing a population in the mid 400,000 range. A study of land use maps, a review of present zoning laws and environmental requirements and limitations, makes it very clear that growth will come and, just as important, where it will be located. Over the next 10 years, the largest population growth and construction activity will take place in the northern sector of planning district I and the Northwest sector of planning district 12. Planning district 6 which is Marco Island and planning district 3 which is Golden Gate will also grow rapidly. However planning district 5, which is South Naples, will grow at about the same rate as districts 3 and 6. The following chart of housing unit projections supports this growth pattern. COLLIER COUNTY Housing Unit Projections (1990-2020) Planning Community 1990 1995 2000 2005 2010 North Naples 15,769 24,637 33,036 42,484 53,022 South Naples 8,698 11,500 15,418 19,845 24,750 Central Naples 8,279 9,561 12,820 16,486 20,574 East Naples 11,777 13,382 17,944 23,075 28,798 Marco Island 12,207 14,904 19,985 25,700 32,075 Golden Gate 9,672 13,048 17,496 22,499 28,080 Urban Estates 1,977 3,436 4,608 5,926 7,395 Rural Estates 1,810 3,439 4,612 5,931 7,402 Royal Fakapalm 3,014 3,745 5,022 6,458 8,060 Big Cypress 121 142 190 244 304 Corkscrew 426 507 681 875 1,092 Immokalee 4,911 6,024 8,077 10,387 12,963 Unincorporated Totals 78,661 104,325 139,889 179,910 224,515 Incorporated Areas 1990 1995 2000 2005 2010 City of Naples 15,312 16,124 16,874 17,624 18,374 Everglades City 192 206 212 217 223 Incorporated Totals 15,504 16,330 17,086 17,841 18,597 County Wide Totals 94,165 120,655 156,975 197,751 243,112 Note: Housing unit projections were generated by dividing high range population projections by person per total dwelling unit figures from the 1990 Census as determined by in-house population estimates. Figures based upon March, 1994 data. Source: Collier County Comprehensive Planning Section, March 1995. F. AREA LOCATIONS FOR LIBRARY SERVICE CENTERS A review of all information concerning population growth and the location of that growth clearly identifies four general areas within the Collier County borders that will most likely be effected. Those areas are: 1.) The Northwest portion of the County, (District i and 2). 2.) The Golden Gate Estates area (District 3 and 8). 3.) Marco Island (District 6). 4.) South Naples (District 5). I 'Agenda Ir t ~t~ SE 41 tm 1999 / .9. L At the present time, districts 3 and 8 are serviced by two branch Libraries. Golden Gate City with 7,000 square feet and the Estates branch, with 11,200 square feet. The projected population for this area by the year 2005 is 59,552. Using the G.M.P. factor of .33 square feet, a maximum square footage of 19,000 would be needed. The existing 18,200 (if properly maintained) should be adequate through the year 2007 or 2008. At present, the Marco Island Branch Library services district 6. The present buildi, ng contains 5,600 sq. feet. In the fall of 1996, a 6,000 square foot addition will be added. Thus, 11,600 square feet of Library space will service Marco Island. The projected population for this area is 30,000. Using the G.M.P. factor of .33 indicates a modest surplus at the year 2005. If properly maintained, the new Marco facility will be capable of providing Library service through the year 2020. These calculations leave us with two remaining areas as possible locations for Library service centers. They are planning district 1 and 12 and planning districts 5 and 7. A further review of the data supports the conclusion that the largest growth will come first in the northern sectors. Thus, library construction should follow that pattern. The growth in the south, would be addressed as second in priority and scheduled to follow a northern project. An extension of this discussion is that the L.A.B. recognizes the shortcomings of the East Naples Branch Library and the shifting population of the planning districts 4 and 5. A decision concerning the future of the East Naples Branch Library would be made during the planning stages of a Southern Regional Library. G. FACILITY SIZE At present, Collier County documents call for the construction of 6,000 sq. fl. branches with 3,000 sq. ft. additions. This philosophy is outdated nationwide and has been removed fi'om the comprehensive plans of most Florida Library Systems. The primary reason for the philosophical change has been two fold. 1. Growing population 2. Inability of Counties to staff multi-neighborhood branch networks. Through this document, the Library Advisory Board recommends the adoption of the Regional concept to govern new construction for the next 10 years. The adoption of this philosophy will allow Library facilities to be constructed that meet the goals of the Growth Management Plan; while at the same time have better control of the operating cost. The attached time line visually depicts the Long Range Building Plan. (Attachment #1) ~enda Ltem } VI. Technology A. Role of Technology in Providing Library Service: The Library recognizes the growing importance of technology in providing electronic access to worldwide sources of information for library users. Use of technology in the Library will assist the Library in fulfilling the Mission Statement adopted by the Library Advisory Board, November 1994, and will further enhance the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost-effective manner. Integration of this Technology Plan with the Library's traditional Long Range Plan, will enable Staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. B. Mission Statement/Service Vision: The Collier County Public Library Advisory Board (LAB) recognizes the growing importance of information technology in the lives of Collier County residents and in the provision of library services. Collier County Public Library will systematically collect, organize and disseminate, in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Library users will be able to access electronic resources in all Library locations, and be able to reach the Library electronically from home and office computers. Library Staff will continue to provide instruction to the Public in use of Library electronic resources, helping them identify, retrieve and organize information to meet their needs. Implementation of this Technology Plan will enable the Library to offer patron access to the Library's holdings through an on-line catalog and provide access to electronic-based information resources on both CD-ROM and the World Wide Web. All Library materials, including electronic and WEB based resources, are selected based on selection criteria as discussed in the Library's Policies. (Latest edition was amended by the LibraO' Advisory Board, June 1998.) C. Services, Goals and Objectives: Services: The Library has been automated with the Data Research Associates system since 1992. CCPL uses the following DRA components: the on-line public catalog, acquisitions, circulation, serials, cataloging and reporting modules. Serials and acquisitions, however, .,----- are used only minimally. Public dial-in access has been provided continuously since 1992. All Library locations effectively use fax machines and basic voice telephone services. Additionally, Headquarters Library uses some voice mail telephone routing. The Library provides public access to commercial databases at all Library locations. Currently titles include First Search, Books In Print, Electric Library, Novelist, American Business l~formation and EBSCO Host. Other titles are always under consideration. Headquarters Library currently provides access to some databases through the Internet. Titles include NewsBank Business. Branches provide in-house use of some cd-roms by checking them out to use on Library equipment. Cable and satellite broadcast programs are available for both staff and patrons at the Headquarters Library. Satellite system has been used for Library Staff, SWFLN and for community programs. Each Library has full, graphical Internet access for Staff and for the Public. During the busy winter season, the number of Internet workstations at each location is not adequate. Currently patrons are limited to 30-minutes use, unless no one else is waiting. We are working to increase the number of workstations at all locations. Goal: Improve Electronic Access to the Library Database, Commercial Databases and the World Wide Web The Library has met many of its goals for FY99. The automation system is now housed at the Headquarters Library, with Library Staff and commercial contractors solely responsible for its maintenance. A 'second Staff Member in library automation support has enable the Library to provide timely installations, upgrades and response to emergencies. This change alone has enabled the Library to provide reliable access to commercial databases through the Web. The Library has renewed its commitment to the DRA automation system and its migration to Taos. Library users will have access to electronic information, on both the WEB and CD-ROM. Electronic workstations will be available at all Library locations. Access will be available from schools, homes and offices through the Library's website. In September 1999, we will start issuing 'pin' numbers that will enable registered Library Patrons to access many of our commercial databases from their office and home computers. Modem access to the Library OPAC has been upgraded to 56KB. Headquarters Reference Department has started offering a series of four Internet workshops/demonstrations each month. These programs are very popular and generally have long waiting lists. Vanderbilt Beach, Estates, Marco Island and Golden Gate Branches have had a least one public Internet training session. New staff members have also been attending the Headquarters workshops, as space permits. [ ~'nd" I'" ' -iS[~No~~I~,.._ ~ 11 .~q ~ / Objectives: · By September 30, 2000, the number of graphical public workstations will increase by 15. (From 45 to 60.) · Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. · Provide public access terminals, including dedicated wiring at th~se auxiliary sites. · Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. · Update the holdings listed for the Collier County Museum Library. Goal: Provide Education for Staff and the Public in Using Electronic Resources. Objectives: · Provide at least one World Wide Web class for the Public at each Library location annually. · Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least one children's WEB program at each location before September 30, 2000. · Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January 1, 2000. · Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. · Provide a minimum of one Internet or electronic resources searching class for all support staff annually. Goal: Optimize Library's Use of Automation Software Objectives: · Upgrade library automation to the Compaq Alpha. in August 1999. · Evaluate the ability of DRA system to continue to provide circulation and acquisitions services to Library staff and patrons. · Migrate to the new DRA Taos product, as it becomes available. · Evaluate on-line ordering to major vendors, by September 30, 1999. Goal: Provide electronic access for internal customers to commercial data bases and educational programs. Objectives: · Subscribe to DRA's Easy Access and electronic databases through Easy Access or directly from vendors. · Continue on-line subscriptions to Ebsco Host, Electric Librao', Novelist, Books in Print, and American Business b~formation for all locations. · Add CD-ROM resources to the Branch Children's Departments, by April 2000. Goal: Expand Patron and Staff Access To and Knowledge of Information Resources Beyond Collier County Public Library. Objectives: · Continue work on Library Web page to make searching easier for Library Patrons. · Link electronically to the Collier County Public Schools information network. · Link electronically to any organization that is capable of providing a listing of their collections on a computer. Organizations could include clubs, galleries and other local and regional resources. For example, Koreshan State Park is exploring digital imaging access to its collections. · Continue to work with SWFLN to link member libraries. Provide patron authentication to enable use of commercial databases to registered Library users at their homes and offices. Work with SWFLN and reciprocal borrowing agreements, including electronic resources. Goal: Provide InterLibrary Loan and DataBase Searching For the Public. Objectives: · Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. · Provide Dialog and other commercial database searches for the public. Goal: Expand Capabilities of Ethernet Network. Objectives: · Upgrade Immokalee Branch frame relay line to 128KB. · Upgrade Estates Branch frame relay line if application for Gates Lab grants is successful. · Consider networking CD-ROM products on the Library System WAN, by September 30, 2000. D. Technology Needed to Provide Services and Meet Established Goals and Objectives: Much of the equipment, staff and support needed to accomplish these goals and objectives is either in place, or will be available by September 15, 1999. The generous support of several organizations and departments has laid the groundwork for meeting these goals. Library automation began with an LSCA grant many years ago to start retrospective conversion of library catalog records. The automation system was purchased in 1992 with local funds. In 1995, the Collier County Friends of the Library, Inc., providing funding for the Library to establish a link to the Internet. In FY97, a State Library of Florida FloriNet Grant enabled the Library to purchase personal computers and provide staff SEP training in graphical WEB searching. At the same time, a Collier County Government project updated routers and hubs at each Library location enabling all Branches to have some graphical WEB access. In September 1998, the Library assumed sole responsibility for Library automation support. DRA is the Library ISP and provides some remote support. Equipment and wiring has been standardized and can be expanded as new libraries are built. The basic network structure can' be easily up-graded as technology changes. Since we hired a second systems support staff member and since we hired an outside network- support vendor, we are now able to respond in a timely manner to our own automation needs 1. Equipment Inventory: See Attachtnent #2. 2. Assessment of Current Equipment and Services and Planned Purchases: The management of the Library network was returned to the Library in September 1998. An outside contractor provides additional technical support. The new position of Data Coordinator enables Staff to respond more quickly to service requests. The Data Coordinator and the outside contractor will enable the Library to respond more rapidly to its own automation needs. CCPL currently provides no less than a Pentium personal computer, for either Staff or the Public, though the speeds do vary greatly. Slower machines (75s) are being used only to access the graphical version of the Library catalog, or Web2. Network equipment and wiring has been standardized and can be expanded as new libraries are built. All wiring is Category 5. The basic network structure can be easily up-graded as more personal computers are added and as technology changes. For example, CSU/DSUs capable of running on 128kb lines will be used as we increase the frame relay speed beyond 128kb. 3. Acquisition Plans Current Year FY01 FY02 Network Equipment 128+ CSU/DSU 2 ea. TI CSU/DSU As needed Personal Computers · 15 personal computers 50 personal computers 25 personal computers ol 8 Gates computers Server ol Alpha Server 1 Windows NT (Taos Server) Additional hard drive and/or o2 Gates content servers CD-ROM server Printers ol networked printer 6 networked printers 5 networked printers o4 Gates printers (including I color printer) Line capacity · I 56kb lines to 128kb · Upgrade 384kb Internet to Upgrade frame relay and lines TI Internet lines as needed. · Increase 128kb line if · TI between 2 large we receive Gates lab buildings grant. · Upgrade branch frame relay as needed. 4. Actual and Anticipated Funds Current Year FY01 FY02 Network Equipmen! $ 3,000 $ 3,000 $ 2,000. Personal Computers $ 35,000 $ 100,000 $50,000 Server $ 45,000 $ 20,000 $ 10,000 Printers $ 1,500 $ 9,000 $25,000 Line capacity budget $ 35,000 $50,000 $75,000 While the above acquisition and funding plan may seem ambitious, special projects and circumstances should provide dedicated funding for this project. For example, FY00 funding for 1 8 computers and 4 network printers is being requested through the Gates Library Initiative Grants. Staff anticipates a positive response to the application. Secondly, a new,' Headquarters Library is being planned, with completion scheduled for FY01. Construction and furnishing costs, including computers, are funded through Impact Fees. Since the project has been approved and architectural and other funds are · ---- currently being spent, we again anticipate funds will be available for the construction and equipment needed in this new facility. The major purchases and some line capacity changes listed above are the result of the new construction. The County' has been very' supportive of operational costs, once we have a particular service. For example, the budget for data lines is expected to grow as the data line speed is increased for Branch Libraries. Since this is an ongoing service, the County recognizes that costs will increase. This increase will be especially significant when the new Headquarters Library is opened, since the old Headquarters Library will continue as a very large branch. In order to maintain the same level of service to the old facility, a TI line will be needed from the new Headquarters and the Library automation server. At the same time, lnternet capacity will have to be increased in order to provide adequate service to staff and patrons at the new location. Therefore, Collier County Public Library, with dedicated impact fees to fund new construction, is most fortunate. As the County approves new construction, it implies an agreement to fund the ongoing operational costs for that new facility. Current and Projected Automation Services Current During FY01 During FY02 Public Internet Stations 22 +20 +22 Public PC Stations - Research* 6 +2 +5 Public PC Stations- Catalog only 0 +3 +23 .o. l it!e~}l Total Public PC Stations 28 +25 +50 Public Children's Educational Games 4 +5 +3 * Includes genealogy computers and stations with access only to commercial databases. 5. Planned/Budgeted Computer Equipment and Connections: Replace all Dec VT terminals with networked PCs when Library migrates to Taos. Replace all 56KB DSUs/CSUs with TSUs, increasing speeds to all Library locations. Add 15 PCs for Public Upgrade routers for T1 service Data/Voice Connections: Headquarters Library: "9 - Centrex telephone lines for voice. 1 Fax line. ,- 2 Dial-up lines for patron access to circulation system. 75 Category 5 Ethernet connections distributed throughout the Library. ,-- 1 - 384 KB lnternet Service from DRA. 1 - TI Service for Library WAN I 128KB Service to County Word Processing East Naples Branch: 3 telephone lines for voice. I Fax line. 1 128KB line to VAX >- 15 Category 5 Ethernet connections Golden Gate Branch: 3 telephone lines for voice. 1 Fax line. I 128KB line to VAX 15 Category 5 Ethernet connections Immokalee Branch: I telephone lines for voice. 1 Fax line. 1 56KB line to VAX ;,- I0 Category 5 Ethernet connections "'" Estates Branch: 3 telephone lines for voice. 1 Fax line. 1 128KB line to VAX 20 Category 5 Ethernet connections Everglades City Branch: 1 telephone lines for voice. 1 56KB line to VAX 4 Category 5 Ethernet connections Marco Island Branch: 3 telephone lines for voice. 1 Fax line. 1 128KB line to VAX ,- 20 Category 5 Ethernet connections Vanderbiit Beach Branch: 3 telephone lines for voice. 1 Fax line. ,.- 1 128KB line to VAX ,- 20 Category 5 Ethernet connections Computer Software: ,.- VMS Operating System >- DRA Applications Software ,- Windows NT Server WEB2 >- Fortres ;,- Netscape MS Office Suite Variety of other Desktop Publishing Software WebSense Maintenance Contracts: Library System software and hardware are covered by maintenance agreements with Data Research Associates. Personal computers are purchased with 3-year extended warranties. E. Staff and Public Training: Early in FY99. the Reference Department Staff embarked upon an ambitious public and '"-" staff training program. Because of the Library's expanding public access to the Internet. they received many requests daily for Internet instruction. In response, the Reference Department organized a four-part Internet class, which they teach monthly. Since CCPL has no training lab, the instruction is lecture and demonstration. While this type of instruction, without the students having 'hands-on' experience, is less desirable than instruction in a computer lab, we have been able to reach many more students with some information. Through May 1999, Reference has taught approximately 32 Beginning Interuet Classes, with an average of 65 students in each class. The classes were designed primarily for the public, but Library Staff attends as they have time. Additionally, the Reference Department offers a weekly .'library orientation tour'. Part of the program is a discussion and demonstration of the commercial databases to which the Library subscribes. 24 tours have been conducted for 144 patrons. Staff has been encouraged to attend SWFLN and other programs as available. The County has provided some training for supervisors in use of MS Office. The Reference Staff has been conscientious in providing training on the use of commercial databases. In 1997. DRA was invited to present a 3-day refresher training session at the Headquarters Library. This training was so successful that it will be repeated in FY00. The Reference Department Internet lectures and demonstrations will continue monthly. We anticipate 4 classes monthly, with an average attendance of 65--including both patrons and staff. Approximately 60% of Library Staff also need this basic instruction. They comprise mainly clerical staff, working at Branch libraries and Headquarters Circulation. both full-time and part-time, and number about 50. Library Staff continues to take advantage of both in-house and SWFLN continuing education opportunities. 10 staff members attended a 'baby-steps' class to help learn how to use personal computers. In this locally produced program, staff members were introduced to personal computers, using a mouse and other basics. These staff members currently use 'dumb' terminals and have no 'Windows' experience. Other Library Staff teach classes such as 'Getting Started with Microsoft ExcelTM'. This class was taught last year with 10 students participating. It is scheduled for 2 sessions during the summer. Southwest Florida Library Network (SWFLN) classes have been a great resource for Staff. Approximately 15 CCPL staff members have attended classes on PhotoShop'm, Windowsm, MS WordTM and publishing newsletters. Intensive classes on specific programs are difficult for CCPL to produce in-house. Having SWFLN as a resource for this type of training is especially valuable for CCPL. CCPL anticipates receiving a Gates Library Initiative Grant in FY00. If received, the grant will provide a 10-station training lab. It will be located at the Estates Branch Library, with programs planned for both staff and the public. Initially, and on a continual basis, the lab will be used to provide 'hands-on' instruction for Library Staff in using the Internet and the MS Officem software. As staff becomes competent and comfortable in teaching other staff, classes will be offered to the public. It is anticipated that a minimum of 3 classes per week will be offered--taught either by Library Staff or volunteers from the public. With the capacity of 10 in each class, we should be able to provide hands-on training for at least 1,500 members of the staff and the public annually. With volunteer 24NO .~I SEP 1 1999 trainers, the number of classes and participants could significantly increase. We are currently talking with two volunteer trainers to set-up specific programs. Besides using the lab for Internet and MS OfficeTM applications training, Staff will be able to use the lab for training the public on the use of the Library's commercial databases. Currently CCPL subscribes to EbscoHost Magazine Index, NewsBank Newspaper b~dex, Electric Librao, and First Search. Again, the han~ls-on training will be much more effective for the students. In the past, we have found that training a small core of Library volunteers to be 'experts' on a particular program has been very effective. These people have no other job than to provide assistance at the public computers. They have really enjoyed helping other Library users. As in any Library, much public training is done on an individual basis as questions arise. In fulfilling this Library role, the supervisory staff fully understands the importance of providing staff who can help the Library patrons use the electronic resources available. F. Program Publicity: As the Library moves into FY00 with increased capabilities, Staff has begun to plan a strategy to increase the use and visibility of the electronic services available at our Libraries. The Library's web address has been added very prominently to the sides of the three Library delivery and program vans, as well as to the introductory brochure given to new Library users. Work continues on making the Library home page an interesting and useful place to start web searches. G. Evaluation; Quantitative and Qualitative: Cun'ently, all Collier County Public Library locations have public Internet access. Minimum computer configuration is a Pentium computer, with 32mgs of ram. Patrons have direct access and do not work though a Library Staff member. This includes as few as one Internet station at our smallest branch at Everglades City to 7 stations at our Headquarters Library, for a total of 31 stations today (August 1, 1999). This averages out to about 1 Internet station for every 6,700 County residents. This number is very dynamic, with new or used equipment being added constantly. For example, a donation of 8 Macintosh computers is waiting for additional ram and Ethernet cards before they are put into public service. Changes are being made to the Library Web page. We will include, when possible, counters to keep track of inbound traffic. We expect Web access to the Library home page to increase significantly by the end of the summer, with the help of two projects. In the firsh the Library's logo and web address have been painted on the 3 book delivery vans. This will widely publicize the Library's web presence throughout the community. The second project is the September installation of the DRA Alpha server. The Library will then begin to issue 'pin' numbers for Library users to access their library accounts over the Web. Publicity for both projects should increase use of the Library's web site. Quantitative: Library Staff continues to refine computer workstation use procedures and the 'look' of the workstations. Customer comments, complaints and questions are the chief instigators of these changes. For example, customers seemed to be confused on which computer they were signing up for, so Staff devised a general signup for the 'next available' computer and posted 18" X 23" signs with directions. The confusion vanished. Customers were asking the same questions about getting to a browser, so the Data Coordinator changed the desktop to make the choices more obvious. Customers expressed the need for more time using the commercial databases for specific research, so Staff set up the 'research only' computer station, with the time limit increased to one hour. Counters have been set up to count the logons to our commercial databases. The systems manager keeps track and reports this figure monthly. Should Staff note an extreme of use or non-use, we will use the information as we renew subscriptions annually. Currently no subscriptions are based on simultaneous users. If this changes, we would use the statistics to increase or decrease our subscription. Using the number of hits on the Library homepage may not be an effective measurement since every user generally' starts from that location. We do use sign-up sheets at most locations, and are keeping the count of total sign-ups, though not everyone signs-up. Statistics are reported monthly. Reference reports the numbers of patrons who participate in training classes. As we start using the Gates computer-training lab in the next fiscal year, we will also keep a count of staff and the public trained. Qualitative: In some ways, qualitative information is often easier to obtain that quantitative evaluative statistics. We passively collect comments constantly, with the Public generally not being shy about saying they dislike a service or a policy. Our library automation system has always had a patron 'suggestion box'. During our text-only Internet access period, we received ;nany comments on the service through the suggestion box. These suggestion box comments are being collected and responded to promptly, if so required. Other comments requiring no response or action will be used in the quarterly evaluations. Staff will sample and report use of equipment quarterly. Since population and use varies greatly from season to season, Staff felt that this sampling would be more valid if done quarterly, rather than annually or semi-annually. As with other changes to the Library's web page. an on-line survey will be added in a prominent location. Staff will have a print version to hand to patrons by October 1999, with the on-line version available by January No .~_ 2000. This instrument will always be available, as a passive indication of service quality. Quarterly, the Staff will actively solicit comments from patrons. Library Administration Will evaluate the data on a quarterly basis. Appropriate changes in policy, product subscriptions and classes offered will be based on the data collected. As the annual budget cycle begins in early March, the data will also be used to project costs for the budget requests. Of particular interest to the Reference Staff, which plans and presents many of the public programs, will be the surveys and evaluations of electronic resources classes presented. Information will be analyzed to enable Staff to provide the most appropriate classes with the most effective teaching methods. As with any Reference transaction, the' simple question 'did this meet your needs or answer );our question' will be an important and immediate evaluation tool. H. Budget Many of the start-up and retrofitting costs were expended by October 1, 1998. Though planning for simultaneous expansion of services and upgrade of equipment will always be a challenge. The attempt has been made to fund technology without pulling moneys from established Library services. This has been difficult in the area of database subscriptions. In FY98. the Library had its first separate materials line-item budget for electronic resources. The $50,000 for electronic resources did not cover ail expenditures. Some Reference funds were also used. The $60,OO0 budgeted in FY99 also did not cover all of the needs. $135,000 is budgeted in FYO0. The State Library's support of First Search for all public libraries in the state has been a welcome addition to CCPL. With only First Search Lite funded currently. SWFLN is considering funding the remaining databases. Implementation and continuation of e-rate discounts will help control telecom costs without having to use funds from other established library services. Funds for major equipment upgrades are generally available through Library Impact Fees. All construction is funded in this manner, as well as other major projects such as a computer upgrade needed due to growth. Library Technolog~v - Annual Costs FY00 FY01 Fy02 Systems Personnel & $120,000 $135,000 $140,000 Network Support System Hardware, Software & Support $ 45,000 $ 50,000 $ 50,000 Equipment Purchases $ 25,000 $ 80,000 $ 25,000 Training $10,000 $15,000 $ 8,000 Telecommunications $ 65,000 $ 75,000 $ 80,000 TOTAL $265,000 $355,000 $303,00 ( Ix~rge anticit;ated jump in FYOI includes additional equipment projected for purchase for new regional library and anticipated changes at that time.) 2 EP 1 1999 Time Line and Action Plan: FY99 was a very busy year. But much progress was made, as we transitioned from County computer support to being self-sufficient. Workstations can be added without waiting weeks for a new IP number for the workstation. We have an ISP who is responsive to service issues. We have an 'expert on staff,' through our ISP, who can advise us on a variety of technical issues. With new technology-related projects for FY00, we believe the next fiscal year will be as busy. Technology Action Plan Current Year FY00 By September 30, 2000, the number of graphical public workstations will increase by 15. (From 45 to 60.) Provide at least one World Wide Web class for the Public at each Library location annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least one children's WEB program at each location annually. Update printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January 1, 2000. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Internet or electronic resources searching class for all support staff annually Evaluate on-line ordering to major vendors, by September 30, 1999. Continue subscriptions to on-line services such as Electric Librao', EbscoHost, Novelist, American Business Information, etc. Evaluate new electronic services, prioritizing and adding subscriptions as the FY00 budget permits. Add CD-ROM resources to the Young Adult and Children's Department, by January 1, 1999. Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. Consider networking CD-ROM products on the Library System WAN, by September 30, 2000. Review data collection on use of electronic resources, adjusting priorities and programs accordingly. (Done quarterly, with emphasis on budget preparation in March and year-end in September.) FY01: Open new Headquarters Library, with T1, or better, Internet service. Add T1 connection between old and new Headquarters Building. Upgrade Branch frame relay connections as needed. Open computer-training lab at new Headquarters. Re-evaluate electronic subscriptions. Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. Provide at least two World Wide Web classes for the Public at each Branch Library annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least one children's WEB program at each location annually. Update Library web page. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Internet or electronic resources searching class for all support staff annually Provide additional CD-ROM resources to the Young Adult and Children's Department. Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. Replace dumb terminals with PC workstations. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget preparation in March and year end in September.) FY02: Add public access terminals to remaining facilities other than formal branch libraries; i.e.. Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. Provide at least three World Wide Web classes for the Public at each Library annually. Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least two children's WEB programs at each location annually. Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. ,, Lp' A g e n ,,:.t.a, SEP291 Provide a minimum of one Internet or electronic resources searching class for all support staff annually Continue to provide ILL service to patrons, through OCLC or other cooperatives, as they become available. Add at least one workstation to each Branch library and three workstations to Headquarters. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget preparation in March and year end itt september.) Agendm. I,t~e~, 1 1999 General Work Plan FYO0 Collier County Public Library has two major focuses during FY00. The first is apparent from the Technology Plan and Action Plan. FY99 will concentrate on making library automation more usable for Staff and Patrons, as detailed above. The second focus will be planning for the new Headquarters Library. Arrange funding through regular County loan procedures, with Impact Fees pledged to repay the note. Marco Island construction note will be paid by January 2000. Architectural plans will be completed by November 1999. Construction will start shortly after July 1, 2000. Hire Public Services Librarian, Children's Librarian and Secretary for new building. They will start in July 2000. ~- Start collection development for new building. Additional Areas of Concentration Include: Increasing adult and children's programming at all locations. Continue work on revising Impact Fee Ordinance. Repeat the popular Festival of the Humanities. Hold first annual children's storytelling festival in partnership with a local private school. Review library policies. ;,- Continue to encourage and support the Friends. Continue staff CE programs. Continue support of SWFLN. Implement Gates Library Foundation grants. >- Secure site for new South Regional Library Implement I & R position in Immokalee. Work Plan FY01 ~,- Complete construction of new Headquarters Library, and open facility by Fall, ..-., 2001. >- Obtain grant funding to enlarge the Immokalee Branch Library and start construction. ' Agenda,l t~ SEP 1 1999 Continue public educational programs started with Gates Foundation equipment. Complete plan and obtain approval for staff position upgrades. Plan for complete migration to DRA's Taos system and secure funding. Work Plan FY02 Complete construction of Immokalee addition. Partner with other agencies in Immokalee to provide job training in newly renovated facility. Obtain grant funding to enlarge the Immokalee Branch Library and start construction. Complete migration to Taos. and remove all dumb terminals. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS DweigN E. Brock, Clerk COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to form and Legal sufficiency: , Assistant Count>, Attorney Witness Witness Attachment ~1 ) COLLIER COUNTY PUBLIC LIBRARY LONG-RANGE BUILDING PLAN TIME LINE September 1999 Marco Island Site Study for Marco Island Land Sought for hnmokalee South Regional Renovation North Regional Note Paid South Regional Expansion Library Built Completed Architectural I New HQ New HQ I Land Secured Plans Complete fo[ Started Com. pleted Golden Gate Naples Branch I for New HQ New HeadquartersI / Expansion Expansion i 1998 1998 1998 1999 1999 2000 2000 2001 2001 2003 2005 2006 I I The time line calls for the construction of the Southern Facility to take place in 2005, and thc expansion of the Naples Branch to take place in 2006. These projects could be reversed in priority by the sitting Library Advisory Board at that time. The use of Impact Fees in the construction of Libraries is driven by the Growth Management Plan. The GMP requires 0.33 square feet of Library space for each citizen. CONSTRUCTION PROJECTS 1. Headquarters New construction, 40,000 square feet X $175 = $7M 2. Immokalee Branch Expansion 4,000 square foot addition X $125 = $500,000 -- 3. Southern Regional New construction plus 30,000 square feet X.$150 = $4.5M 4. Golden Gate Expansion 4,000 square foot addition X $125 = $500,000 ~ a, ~. 5. Naples Branch Expansion Recover additional 3,000 square feet for public space X $175 = $525,000 ATT_ACI~4ENT #2 Collier County Public Library Computer Inventory S DIG VT520 NA EB-(13) Back office room S GTWY E-3110 PENTIUM 300 EB-(14) Back office area S DIG VT420 NA EB-(23)Video counter P DIG VT510 NA EB-(27) Pub East group SW P DIG VT510 NA EB-(28)Pub East group NW P DIG VT510 NA EB-(29)Public front table North P GTWY E-1000N PENTIUM 233 EBo(30)Public front table South S DIG VT420 NA EB-(31 )Circ Center S DIG VT420 NA EB-(32)Circ North S DIG VT420 NA EB-(33)Circ South P DIG VT510 NA EB-(36)Childrens North P DIG VT510 NA EB-(38) Pub East group S P DIG VT510 NA EB-(39) Pub East group N P ZEOS 486 486 EB-(40) Childrens South P GTWY P5-133 PENTIUM 133 EB-(47) Public NE group South P GTWY P5-75 PENTIUM 75 EB-(487) Public NE group North S MAC LC575 mac EB-Back office area S DIG VT509 NA EB-EXTRA IN BACK S GTWY E-3110 PENTIUM II 300 EN-CHEX-Becky & Sally S DIG VT420 NA EN-CIRC 1 North S DIG VT420 NA EN-CIRC 2 Center S DIG VT420 NA EN-CIRC 3 South P GTWY E-1000N PENTIUM 233 EN-Publicl NW (PC) P GTWY iP5-133 PENTIUM 133 EN-Public2 Center W (PC) S GTWY P5-133 PENTIUM 133 EN-Public3 P DIG VT420 NA EN-Public4 SE (VT) P DIG VT420 qA EN-Public5 NE (VT) P DIG VT420 NA EN-Public6 Childrens (VT) P GTWY P5-75 PENTIUM 75 EN-Public7 Catalog Only S MAC 7100/66 EN-Staff CHEX (MAC) S GTWY E-3110 PENTIUM II 300 ,EN-Staffl Branch MCR (PC) JANE MARTIN S DIG VT420 NA EN-Staff2 Back office (VT) S DIG VT417 NA EN-Staff3 Childrens/Ext (VT) P GTVVY P5-133 PENTIUM 133 EVCity- S GTWY P5-72 PENT UM 72 EVC ty- GTWY P4D-3377 GG-?? S DIG VT420 NA GG-Circ/North S DIG VT420 NA GG-Circ/South P DIG VT420 NA GG-Public/Childrens P GTWY E-1000N PENTIUM 233 CC-Public/Main Center P DIG VT420 NA CC-Public/Main North P DIG VT420 NA CC-Public/Main South P DIG VT420 NA CC-Public/Reference Room P GTWY P5-75 PENTIUM 75 CC-Public/Reference Room (15) S DIG VT420 NA CC-Staff/Back office ~ --- '"'1 S MAC LC630 CC-Staff/Back office I S GTWY P5-133 PENTIUM 133 GG-Staff/Circ Center hEP i 1999 Page 1 of 4 Pg' Collier County Public Library Computer Inventory S GTWY E-3107 PENTIUM II 297 GG-Staff/Manager back office S GTWY P5-75 PENTIUM 75 HQ S GTWY P5-75 PENTIUM 75 HQ S MAC QUADRA 610 HQ-ADMIN MAC CUBE S GTVVY E-3110 PENTIUM II 300 HQ-ADMIN-JOHN S GTVVY P5-133 PENTIUM 133 HQ-ADMIN-LUCY S MAC POWERPC HQ-ADMIN-MAC CUBE 5410/120 S MAC H Q-AD M I N-MARILYN M S G'I'WY P5-133 PENTIUM 133 HQ-ADMIN-SUSAN S MAC POWERMAC HQ-Childrens ANKY 7200/120 S DIG VT420 NA HQ-CHILDRENS ClRC S DIG VT420 NA HQ-CHILDRENS OFFICE ANKY S MAC SUPERMAC HQ-Childrens Pamela '500 P MAC POWERMAC HQ-Childrens Public S DIG VT420 NA HQ-CIRC1 NW S DIG VT420 ',lA HQ-CIRC2 NE S DIG VT420 NA HQ-ClRC3 EAST S DIG VT420 ~IA HQ-ClRC4 SOUTH-EAST S DIG VT420 NA HQ-CIRC5 SOUTH-WEST S DIG VT420 NA HQ-CIRC6 VIDEO S GTWY E3110 HQ-Conf. Room S GTWY 4DX-33 486 HQ-DP Room S GTWY E-3110 PENTIUM II 300 HQ-DP Room Michael S DIG VT340 NA HQ-EXTSVC-BARBARA S MAC POWERPC HQ-EXTSVC-RONNIE 5200/75LC S GTWY HQ-Friends S HQ-Friends Frank P GTWY P5-60 PENTIUM 60 HQ-GENEALOGY 1 P INSIGHT HQ-GENEALOGY 2 P GTWY P5-75 PENTIUM 75 HQ-GENEALOGY 3 S GTWY P5-75 PENTIUM 75 HQ-Norris P DIG VT420 NA HQ-PUBLIC Cl BAY NORTH EAST1 P DIG VT420 NA HQ-PUBLIC C10 REFERENCE WEST P DIG VT420 NA HQ-PUBLIC Cl 1 REFERENCE NORTH P DIG VT420 NA HQ-PUBLIC C12 BAY NORTH WEST P DIG VT420 NA HQ-PUBLIC C2 BAY NORTH EAST2 P DIG VT420 NA HQ-PUBLIC C3 ADULT EAST P DIG VT420 .A C.ILDRENsHQ-PUBLIC 05 P DIG VT420 NA HQ-PUBLIC C6 GENEALOGY SEP 1 1999 Page 2 of 4 Pg Collier County Public Library Computer Inventory P DIG VT420 NA HQ-PUBLIC C7 ADULT CARROL-SOUTH P DIG VT420 NA HQ-PUBLIC C8 ADULT CARROL-MIDDLE P DIG VT420 NA HQ-PUBLIC C9 ADULT CARROL-NORTH P HP 4000N HQ-PUBLIC PCs AT REFERENCE AREA S GTWY E-3110 PENTIUM II 300 HQ-Ref Desk-North S GTVVY E-3110 PENTIUM II 300 HQ-Ref Desk-South S GTWY E-3000 PENTIUM 200 HQ-Ref Office David S GTWY E-3000 PENTIUM 166 HQ-Ref Office Diana S GTWY P5-133 PENTIUM 133 ,HQ-RefOffice Elizabeth S GTWY P5-133 PENTIUM 133 iHQ-Ref Office Harriet S GTWY P5-133 PENTIUM 133 HQ-Ref Office Marilyn R P GTWY E-1200 CELERON 366 HQ-REF PUBLIC6 P GTWY !E-1000N PENTIUM 233 HQ-Ref-Publicl P GTWY :E-1000N PENTIUM 233 HQ-Ref-Public2 P GTWY E-1000N PENTIUM 233 HQ-Ref-Public3 P GTWY E-1000N PENTIUM 233 HQ-Ref-Public4 P GTWY E-1000N PENTIUM 233 HQ-REF-PUBLIC5 P GTWY P5-75 PENTIUM 75 HQ-Ref-Public5 S DIG VT420 NA HQ-SLIPROOM-ANNA S MAC PWRMAC HQ-SLIPROOM-ANNA 7600/120 S DIG VT420 NA HQ-SLIPROOM-FRAN S MAC QUADRA 650 HQ-SLIPROOM-FRAN S DIG VT420 NA HQ-SLIPROOM-STAFF S GTWY E-3000 PENTIUM 200 HQ-TS Cat-Joanne S GTWY E-3000 PENTIUM 200 HQ-TS Cat-Kelly S GTWY E-3000 PENTIUM 166 HQ-TS Cat-MaryAnn S GTWY E-3110 PENTIUM II 300 HQ-TS Cat-Travis S GTWY E-3000 PENTIUM 200 HQ-TS ILL-LINDA S GTWY E-3000 PENTIUM 200 HQ-TS-CLAIRE S GTWY E3110 PENTIUM II 300 HQ-TS-DP Ruth S GTWY E-3000 PENTIUM 200 HQ-TS-DP WORKBENCH S GTWY P5-75 PENTIUM 75 HQ-TS-MARILYN V S DIG VT420 NA HQ-TS-NOTICES CUBE S GTWY P5-75 PENTIUM 75 HQ-TS-SHARON P DIG VT420 NA HQ-YA P GTWY E-1000N PENTIUM 233 HQ-YA Room S DIG VT420 NA IM-CIRC1 EAST S DIG VT420 NA IM-CIRC2 WEST P GTWY P5-133 PENTIUM 133 IM-PUBLIC1 IN MAIN ROOM P GTWY E-1000N PENTIUM 233 IM-PUBLIC2 NEXT TO ENTRANCE _ P GTWY P5-75 PENTIUM 75 IM-PUBLIC3 IN CHILDRENS AREA P DIG ,VT420 NA IM-PUBLIC4 CHILDRENS S MAC QUADRA 700 IM-STAFF BACK OFFICE SEP 1 s GTWY P5-75 PENTIUM 75 IM-STAFF1 BACK OFFICE Collier County Public Library Computer Inventory GTWY E-3110 PENTIUM II 300 IM-STAFF1 BRANCH MGR TANYA CRUMP DIG VT420 NA IM-STAFF2 BACK OFFICE GTWY E-3000 PENTIUM 200 Ml-Childrens DIG VT340 NA Ml-Circ (S) DIG IT420 NA Ml-Circ (SW) DIG VT420 NA Ml-Circ Center(W) DIG VT420 NA Ml-Cir¢ Video (N) DIG VT420 NA MI-Desk South of Circ (N) DIG VT420 NA MI-Desk South of Circ (S) GTWY E-1000N PENTIUM 233 MI-Extra GTWY P5-133 PENTIUM 133 MI-Public1 across f.¢irc GTWY E-1000N PENTIUM 233 MI-Public3 Handicap GTWY E-1000N PENTIUM 233 MI-Public4 YA-Center GTWY E-1000N PENTIUM 233 MI-Public5 YA-Right GTVVY E-3110 PENTIUM II 300 MI-Staff Back Area DIG /T420 NA MI-Staff Back by Fax GTWY P5-133 PENTIUM 133 MI-Staff Denise Office DIG VT420 NA VB-CIRC1 NORTH DIG VT420 NA VB-CIRC2 SOUTH DIG VT420 NA VB-CIRC3 BEHIND ON WALL DIG VT420 NA VB-PUBLIC1 REF ROOM DIG VT420 NA VB-PUBLIC2 NORTH DIG VT420 NA VB-PUBLIC3 MIDDLE DIG VT420 NA VBoPUBLIC4-SOUTH GTWY E-1000N ~ENTIUM 233 VB-PUBLIC5 PC NORTH GTWY 5-1199 CELERON 366 VB-PUBLIC6 PC MIDDLE GTWY E-1200 CELERON 366 VB-PUBLIC7 PC SOUTH GTWY P5-133 PENTIUM 133 VB-STAFF1 BACK OFFICE MAC LC630 VB-STAFF1 BACK OFFICE MAC DIG VT420 NA VB-STAFF2 OFFICE FRONT ! I SEP 1 1999 Page4of4 L P~t'- ~'~L'( -- EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT RECOGNIZING THE $58,581 GRANT FROM THE GATES LEARNING FOUNDATION. OBJECTIVE: To recognize and budget grant funds that the Collier County Public Library System received from the Gates Learning Foundation. CONSIDERATIONS: The Board approved submission of grant applications to the Gates Learning Foundation on May 25, 1999 (Agenda Item #16C7).Included with the application, were lists of equipment and services the Library would be eligible to purchase with the grant funds. Funds have been received and deposited in Fund 612, the Library Trust Fund. Equipment includes 19 workstations with software, 2 servers,4 hubs, 4 laser printers, wiring allowances and network accessory kits. FISCAL IMPACT: The Library Trust Fund Budget for FY 1999 will increase from$40,900 to $99,481. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of accompanying budget amendment which recognizes the $58,581 grant from the Gates Learning Foundation. Prepared by: ~"'J'/~,,~o~.~z_e-,~.~ DATE: d~>- ,2- t./_/O ~ Marilyn Ma(t'hes', As's~stani Directo,' Reviewed and ~'X ~ ('-"'X , ' .~ Approved John(~ .)Jone s, Li~.~ry~_~rector Reviewed ~7 ~.',~-J ~ DATE:~~_ Approved ThomhT~ ~v'Vi Oll]~f, Public"~ices Administrator BUDGET AMENDMENT REQUEST For Budget/Finance Use Only Library Trust Fund (612) JE# F~.~,tD TiTLe (FUND NO.) BAR# A.P.H. Date Date prepared: TO BCC YES NO If previously approved. BCC Agenda Date: / / Item No. Attach Executive Summary EXPENSE BUDGET DETAIL Library Ac%~,in. & HQ's 156110 Cost Center Title Cost Center No. Project Title Project No. EXPENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET 634999 C~hc.u Contrac. Services $ 2~000 $ - $_2,000 651910 Fiino~ Office Equip. $ 450 $ - $ 450 651950 ~linor Data Process. Equip. $ 2~139 $. - $ 2,139 764900 Data Processinq Equip. $ 53~992 $. 5,000 $58,992 Total $ 58~581 Co~"~.nter Tit',e Cost Ceme; ~.!c. Pr~j~,..'t Title Project No _.,PENDITURE INCREASE CURRENT REVISED OBJECT CODE EXPENDITURE TITLE (DECREASE) BUDGET BUDGET $ $ $ $ $ $ $ $ $ $ $ $ Total $ REVENUE BUDGET DETAIL Library Admin. & HQ's 156110 Cost Center Title Cost Center No. Project Title Project No. REVENUE INCREASE CURRENT REVISED OBJECT CODE REVENUE TITLE (DECREASE) BUDGET BUDGET 366900 Contributions - Private.°-~ .n...~ (58,581) $. 2,000 $ 60,581 _ $ $. $. Total $ (58,581) SEP 1 4 1999 EXPLANATION Nhy are funds needed? Funds are needed to purchase computer equipment and services to participate in Gates Learning Foundation activities. Yhere are funds available? Funds were donated by the Gates Learning Foundation for purchase of computer equipment for use by the public and staff of Collier County Public Library. iL" ~ REV;F-W PNOCESo DATE DIVISION AD MI N, STRATO-R: '~ 9D~ ~'~~ BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: ;LERK OF BOARD ADMIN: EXECUTIVE SUMMARY APPROVAL OF AGREEMENT FOR THE 1999-00 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. OBJECTIVE: To obtain Board of County Commissioners' approval and authorization for the Chairman to sign the 1990-00 Agreement with David Lawrence Mental Healtl~ Center, Inc. CONSIDERATION: A commitment has been made to fund David Lawrence Mental Health Center, Inc. as a provider for mental health and alcohol/drug abuse needs in the amount of $810,400. FY '00 funding will be provided through the general fund in the amount of $792,100. The balance ($22,300) is budgeted in the Drug Abuse Trust Fund (616). These are funds specifically ear-marked to fund drug abuse programs such as those offered through the David Lawrence Center. The total funding provided in FY '00 is equal to that provided in the previous fiscal year FISCAL IMPACT: In the 1998-99 budget, the Board authorized $810,400 as a funding contribution to David Lawrence Mental Health Center, Inc. This contract would provide an identical $810,400. GROWTH MANAGEMENT IMPACT: Not applicable. .,.-.. RECOMMENDATION: That the Board of County Commissioners approve the Agreement for 1999-00 funding contribution to David Lawrence Mental Health Center, Inc. Prepared b~,: x~t~ ~~'~L Th'(~--~ W.'"~)l~ff, ~-fib~rvices Administrator NC> o~ SEP 1 Pg'-- AGREEMENT THIS AGREEMENT entered into this day of ., 1999, at Naples, Collier County, Florida, by and between the Board of County Commissioners, Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinat'ter referred to as the CENTER... WITNESSETH WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has submitted a proposal as a provider of mental health and alcoholism services as contemplated by the approved District Mental Health and Alcoholism Plan; NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved District Plan, ipcorporated here;~.~ by reference. B. Serve as an independent contractor for the transportation of Baker Act patients pursuant to all the requirements of Chapter 394, Florida Statutes and Rule 10E-5.040,F, Florida Administrative Code. C. Provide.detoxification services consistent with the approved District Plan. D. Provide these services in the County of Collier, Florida. E. Posses, maintain and keep current all necessary license(s). F. Adhere to conditions applicable to administration of mental health funds under Chapter 394, Florida Statutes, and the administrative rules thereto. G. Maintain financial records and reports relating to funds paid under the contract. H. Maintain books, records, documents and other evidence and accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. I. Maintain adequate fiscal accounting procedures. J. Allow inspection, review or audit of these fiscal records by County personnel. K. Collect statistical data of a fiscal and operational nature on a regular basis and to make fiscal statistical reports on a quarterly basis to the Public Services Administrator by the 10th of the preceding month. L. Submit payroll records and activity measures to the COUNTY on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre-auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statute:4. M. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. N. Act as an independent contractor and not as an employee of the County in operating aforementioned services. The CENTER shall be liable for, and shall indemnify, defend, and hold the County, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement. O. Submit to the COUNTY each year a copy of its annual audit of financial statements. II. The COUNTY shall: A. Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the total allocation for "Operations Funds" approved for the CENTER by the Commissica as spcc[fied in Section III-D of this Agreement, in accordance with the approved Mental Health District. III. The CENTER and COUNTY mutually agree: Agen.d.,m jl t~m "' j 1999 i A. The term of this agreement is from October 1, 1999 to September 30, 2000. B. This Agreement may be terminated by either party upon thirty (30) days prior notice in xvriting to the other party. C. This Agreement is subject to an item of appropriation contained in the annual County budget. D. The entire obligation of the COLrNTY under this Agreement shall not exceed Eight Hundred Ten Thousand Four Hundred and no/100 Dollars ($810,400). The $810,.~-.q.9 i:',cl:.:des all Operational Funds including transportation of Baker Act participants. This sum shall come from local sources and shall be utilized as part of the matching requirements of Section 394.76(9)(a) and (b), Florida Statutes. E. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. F. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herexvith. G. The CENTER shall not assign the performance of services called for in the Agreement without the written consent of the COUNTY. H. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: Collier County ~:'ublic Se,'vices Di~-i~ion Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34116 "-" or to such other address as any party may designate by notice complying with the terms herein stated. lAg~enda I~t e~m.... ! I S EP 1 q 'i 99 ] IN WITNESS WHEREOF, the parties i~ereto have set their hands and seals the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA by: Deputy Clerk Pamela S. Mac'Kie, Chairwoman ATTEST: DAVID LA'V~NCE(~NTAL HEALTH CENTER, II~C} / ] (CORPORATE SEAL) Approved as to form and legal sufficiency ~eigel David C. County Attorney 1999 EXECUTIVE SUMMARY APPROVAL OF A CONTRACT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER FOR COLLIER COUNTY FLORIDA DOING BUSINESS AS DISTRICT TWENTY MEDICAL EXAMINER OBJECTIVE: To have a formal agreement to provide the community with medical examiner services. CONSIDERATIONS: Dr. Coburn was re-appointed by Governor Jeb Bush, Governor of the State of Florida, in July, 1999 to serve as the District Twenty Medical Examiner. Florida Statutes provide that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Dr. Coburn has submitted and has had an annual budget approved upon which this contract has been based. All increases included within the agreement were budgeted and approved. The agreement has been reviewed and approved for legal sufficiency by the County Attorney's Office. Professional liability insurance is provided to the Medical Examiner's staff. This coverage has been quoted by Dr. Coburn who has been able to obtain a cost of roughly $14,500. The payment of this insurance is also included as an obligation of the County within this annual agreement. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The cost to the County for this agreement is $662,600. Funds are available in the approved FY 1999-00 general fund budget (001-144710-634108) the Medical Examiner Services Cost Center. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the attached annual agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County. Prepared b-~: Thc;r~as ~,V.' ~]li .~'ffT~uul:~fe ~;ervices Administrator AGREEMENT FOR MEDICAL EX,~II-i'a2R SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER'SERVICES, (Agreement), made and entered into this __ day of , 1999, by and between Nlarta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District Twenty Medic?,i ExaIninec a Florida Corporation, hereinafter called "Medical Examiner" and the Board of County Commissioners of Collier County, Florida, hereinafter called "County". WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical Ex~amin~:r for Collier County, Florid% on July 2, 1999, by Jeb Bush, Governor of the State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at all times and all -.--- places within the district and that said Associate M~dic.x! Ex;,mine~'(0 shall serve at the pleasure of the District Medical Examiner; and \VHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) and :'~ssociate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are establist~ed by the Board of County Commissioners in their respective district; and \VHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses for ti~e ~!edical Examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the District Medical Examiner shall submit an annual bridget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desi. res to contract with Mari. a U. Coburn, M.D., Florida District Twenty Medical Examiner, doing business as District Twenty Medical Examiner, a Florida SEP I 4 1999 Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent coatractor. NOW, THEREFORE, in consideration of the mutu?.l covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1, 1999, through September 30, 2000. SECT!ON II PURPOSE AND SCOPE OF CONYRACTU,:,,L SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, neces.g::Fv for the complete performance of the services contemplated hereunder, to wit: to ser,'e as l:lorida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Conm'dssiora. SECTI ON III CON{PENSATION AND PAYMENTS A~ The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 1999, the amount of $27,004.17 semimonthly through September 30, 2000. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph 3 "A" shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month iMls on a weekend or a holiday, thc paymcm to mc M~,dical Examiner shall be made on the next County business da3'. It is expressly understood that each semimonthly payment shall be made for the se:-vi.;,:.s f~riSsl'..cd lbr the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in fhll compliance with Seciion VII of this Agreement regarding repons. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. Agenda. Ilr. e~., ,_ ,,o. y! SEP lg 9 D. Th~ County agrees and understands that the compensation provided for under this A~rccment to the Medical Examiner is intended to cover the anticipated normal activities/workload of the Medical Examiner, .based upon past statistics and reasonable projections.' The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in Section iii of this Agreement has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) c.r occurrences, the Medical Examiner shall consult with and shall seek, but not necessarilv obtain, the approval of the Collier County Public Services Administrator or his/her dcsi~::',ee, for any sk'..cn expenditures. The Medical Examiner shall in all events retain the right to and shaiI then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordhmry expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in · ~ an itemized re:tuner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to, aircraft, bus and boat accidents where a simultaneous large loss of life has occurred, hu,,Ticanes and other natural disasters, and any other disasters or occurrences caused by nature or human beings where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordina~' compensation and/or expenditures, and with the recommendation of the Public Services Administrator, :}:e Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. SECTION IX.' FACILITIES A_ND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medicaMaboratory related equipment reasonably required by the Medical Examiner to perform the duties as District Medical Examiner. All costs associated with maintaining the facility and its area landscaping will be paid by the Medical F_xan:iner. T!:e County shall bear the cost of the Medical Examiner's facility. ---..... SEP 1 q 199g B. ,~1 capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Public Services Administrator in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an invoice evidencing the purchase by the Medical Examiner of said insurance covera,,e SECTION VI USE OF FACILITIES Als,rD EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As prOvided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of thc Medical Exami~¢,r SECTION VII REPORTS The Medical Examiner agrees to provide to the County a quarterly report which shall include, minimally the following: A. Number of all investigations and narrative reports for non-autopsy medical examiner cases; B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; G. The actMty report shall be submitted by the 10th day of the following month to the County's Public Services Administrator. SECTION VItI MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties timt under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. Th: Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be responsible ibr employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. A~enda It~e~ SEP 1 6 1 99 SECTION 1X NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAdMIN-ER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In addition to the compensation provided for in Section III of this Agreement from the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to bledical Examiner services performed in criminal cases pending in the Collier County courts. Expert testimony furnished by the Medical Examiner shall be compensated at a rate of $200.00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee from tl~e state attorney, public defender or court-appointed counsel. SECTION XII NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Off]ce of the Medical Examiner 3838 Domestic Avenue Naples, FL 34104 'All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Public Services Administrator 3301 East Tamiami Trail Naples, Florida 34112 The Countv and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 15 days of said mailing address change. J Agenda [tll~m ./ J All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, cotinty, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receivi'ng notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received b;, the Medical Examiner under this Agreement is considered as payment of this obligation by the County. T15s section does not pertain to any incident arising from the sole negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: SEP 1 J,999 (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinaO' actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory.' authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District 20; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or .prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance o? the duties of the Medical Examiner under this Agreement. B. In the even~ of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. SECTION XVI AMENDMENTS This Agreeme~t may be modified by amendment at any time provided that such amendment is in writing and signed bY both parties. SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both trial and all appellate levels. .... ~genda I e 5EP lq1999 IN WITNESS \V!UzREOF, the pmxie; l;ave ," .... . -- c,~u,~,~ ~t:_,s ,-.areer:,.i,t to be executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brocl~, Clerk COLLIER COUNTY, FLORIDA By: ' By: Deputy Clerk ~ Pamela S. Mac'Kie, Chairwoman Date: First Witness MEDICAL EXAMINER Mgnature ,)"' Marta U. Cobum, M.D. Medical Examiner Lorretta ,7. Dowdrick Florida District Twenty Typed or Printed Name Second Witness Signature Typed or Primed Name Approved as ~o !btm and legal sufficiency: David C. Wei~el County Attorney Agenda, I}eM S EP I 1999 Pg ,~ EXECUTIVE SUMMARv APPROVE AGREEMENTS FOr SALE AND PURCHASE FOR ADDITIONAL PROPERTY NEEDED TO COMPLETE THE FUTURE NORTH NAPLES REGIONAL PARK OBJECTIVE: Staff is requesting approval and execution of eight (8) separate Agreements for Sale and Purchase (Agreements) with those adjacent property owners willing to sell their property to Collier County to complete the future North Naples Regional Park. CONSIDERATION: On January 26, 1999 (Item 8C1), and again on April 13, 1999 (Item 8C1), the Board of County Commissioners approved the purchase of a 175+/o acre site south of Immokalee Road and east of future Livingston Road, formerly owned by William Schweikhardt, Trustee. Collier County acquired the 175 +/- acre parcel on May 28, 1999. At the April 13, 1999 meeting, staff recommended that in order to alleviate some mitigation concerns and to provide for future expansion needs of the regional park facility, staff would pursue the availability of adjacent property. The Board directed that any and all agreements to purchase any adjacent site shall be brought back to the Board of County Commissioners for review and approval. Staff has been successful in obtaining several Agreements from property owners in Section 30, Township 48, Range 26. A location map depicting each property is attached for reference. Due to accessibility, location and/or size, the following are being presented to the Board of County Commissioners for approval: Tax Parcel 1.1: Mr. and Mrs. Skimina 10.00 acres Tax Parcel 31, 33.1, 64 & Misc.: Mr. John Brugger 04.39 acres Tax Parcel 47: Mr. George Trepanier 00.51 acres Tax Parcel 49 & 55: Robert Jaeger & Associates 00.84 acres Tax Parcel 52: Ms. Judy Lonsway 01.02 acres Tax Parcel 53: Ms. Adams and Mr. Tripodi, Rep. 07.16 acres Tax Parcel 58 Mr. Richard Jaeger, Trustee 00.42 acres Tax Parcel 66; M~;. Shirley H~dlund 02.39 acres Total 26.73 acres The purchase price of each property is based upon the same per acre cost (and appraisal) of the previously acquired 175 acre park site or Thirty Thousand Dollars ($30,000). Tax Parcel 33.1, 64 and those other miscellaneous strips of land owned by Mr. John Brugger were valued by the Real Property Management Department at only $15,000 per acre due to their configuration. Mr. Brugger would not accept staff's offer but submitted a counteroffer based on the actual acreage times $30,000 per acre for his entire land holdings. Staff is recommending approval of Mr. Brugger's counteroffer based upon the need for the property due to its location along future Livingston Road (the property may be required to ~atisfy future right-of-way needs) and since the property will provide additior~l ingress/egress locations to the regional park site. Mr. Brugger's counteroffer is $38,685 above staff's initial offer of $93,015. County staff could not recommend the purchase of Tax Parcels 46 (5.589 acres) and 54 (.42 acres) due to the firm counter-offer received from the property owners wherein they requested the County compensate them $19,830 above the County's initial offer and pay the costs associated with the transfer of the property (documentary stamp taxes, etc.). Neither parcel is considered essential to the park expansion project. All the attached Agreements contain the following terms and conditions: Pursuant to Florida Statute 125.355, the County must obtain one (1) appraisal on each site priced over $100,000 prior to its purchase. Each Agreement provides for an Appraisal Period of ninety (90) days from the execution of the Agreement to obtain an appraisal. If for any reason whatsoever, the County is not satisfied with the results of the appraisals, the County may terminate the Agreement given proper notice. Staff is requesting the appraisal process be waived for those properties for which the purchase price is less than $100,000 pursuant to Florida Statute 125.355(b). In accordance with the terms of the standard Agreement for Sale and Purchase, the County has ninety days (90) days from the execution of the Agreement to obtain a report from the County's Natural Resources Department and the County's Pollution Control Department advising of any environmental concerns in order to determine whether the site can be utilized for its intended purpose. If for any reason whatsoever, the County is not satisfied with the results of any environmental report, the County -nay terminate the Agreement given proper notice. It must be noted that staff has already obtained a positive report from the County's Natural Resources Department and the Pollution Control Department. If the County has not terminated the Agreement pursuant to any other provision in the Agreement and decides, prior to closing, to terminate the Agreement, it may do so; however, the County shall incur a one time cost of one percent (1%) of the purchase price. It must be noted that the Board of County Commissioners must execute all Agreements prior to October 1, 1999; otherwise each shall be considered null and void and have no further effect. FISCAL IMPACT: Attached is a spreadsheet summarizing those costs associated with each land transaction. Total costs of those properties shall not exceed $810,546 as stated on the attached. The Finance Committee, at their August 26, 1999 meeting, authorized a second draw from the line of credit to cover the costs for the acquisition of these properties. Repayment would come from the consolidated park impact fee fund. GROVVTH MANAGEMENT IMPACT: The regional park site acreage would be added to the Collier County park inventory. SEP I tggg P~o ~ RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approv,~ the attached eight (8) Agreements for Sale and Purchase; 2. Authorize its Chairwoman to execute the attached Agreements; 3. Direct staff to obtain necessary appraisals required by Florida Statute 125.355 and waive the requirement for appraisals for those properties valued at less than $100,000 pursuant to Florida Statute 125.355(b); 4. Direct staff to proceed to acquire the sites and follow all appropriate closing procedures; 5. Accept for recording in the Public Records all properly executed conveyance instruments approved by the County Attorney's Office; 6. Approve any and all necessary Budget Amendments to fund said purchase and related expenses; and lastly, 7. Authorize staff to proceed to draw up to $815,000 from the Nations Bank, Line of Credit, and authorize the Chairwoman to execute all documents necessary for the draw following review and approval of all such documents by both the County Attorney's Office and the County's Financial Advisor. PREPARED BY: ~~~ DATE: PREPARED BY: ~/j?/'./¥':': ~.~?,'j~J~'~l DATE: ~f//' )~/'~ MANL~A F~A-MSE'Y, 15ARKS/AND RECREATION DIRECTOR REVIEWED B~-.' , ,~lg~~ DATE: ~- TH~~L~FF, PU~SERVICES ADMINISTRATOR ) ) NORTH NAPLES REGIONAL PARK EXPANSION COST ESTIMATE PROPERTY OWNER ~'~ E~ '~ ~! ~ ~ ~ A~P ~'L~ ~' ' ~TI~ ~[~ ~ ~ ~ GOIRDDI, G S30, T48, R26 TP 1.1 CONRAD AND BARBARA SKIMINA 10.00 $300,000 $1,500 $1,575.00 $855 $50 TP 31.33.1, 64 & Misc. JOHN BRUGGER, TRUSTEE 4.39 $131,700 $0 $733.50 $0 $50 'P 47 GEORGE TREPANIER 0.51 $15,300 $0 $100.00 $0 $50 TP 49 & 55 ROBERT H. JAEGER & ASSOC. 0.84 $25,200 $0 $144.90 $0 $50 TP 52 JUDY LONSWAY 1.02 $30,600 $0 $175.95 $0 $50 TP 53 RUTH ADAMS/JOSEPH TRIPODI, TRUSTEE 7.16 $214,800 $1,500 $1,149.00 $0 $50 TP 58 RICHARD JAEGER, TRUSTEE 0.42 $12,600 $0 $100.00 $0 $50 TP 66 SHIRLEY HEDLUND 2.39 $71,700 $0 $412.28 $0 $50 GRAND TOTAL $810,546 Note: The above does not include lhe cost of the title commitments which have already been received and the costs associated with Real Property Management Department staff time. Page 1 LOCATION MAP AGREEMENT FOR SALE AND PURCHASE : THIS AGREEMENT is made and entered into by and between Ruth M. Adams, a married person and Elizabeth J. Trlpodi, a married person, each as to an undivided~ one-half interest, .~, ...................... u ................. ~, whose mailing address i~ 3450 Gulf Shore Boulevard North, Naples, Florida 34103, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WlTNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The North three quarter .(N 3/4) of the Southwest one quarter (SW 1/4) of the .. Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4), less the West 30 feet, in Section 30 Township 48 South, Range 26 East, Collier County, Florida, as recorded in Official Record Book 2081, Page 1515 of the Public Records of Collier County, Florida. Folio #: 00198920005/Tax Parcel 53 .. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to · such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TVVO HUNDRED FOURTEEN THOUSAND AND EIGHT HUNDRED AND O/100 DOLLARS ($214,800), (U.S. Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR ' '":: "CLOSING") of the transaction shall be held on ~r, before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that !' Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with . the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: ~ - ' ' 'l-: S EP 1 q 1999 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than:ti' · (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and .Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to : the Purchase Price. No funds shall be disbursed to Seller until the Title · Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set fodh. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the '. current year's millage is not fixed, taxes will be, prorated based upon such prior .... year's millage. IV. REQUIREMENTS AND CONDITIONS ; ' 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard ·. copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in ' ! S EP -~ writing of any objection to title other than liens evidencing monetary ;. obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Pur~.haser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. ~'- 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal ./ reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purbhase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall : bear their own costs. VI. INSPECTION PERIOD I :. 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1.Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2.There are no abnormal drainage or environmental requirements to the development of the Property.. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4.The Property can be utilized for its intended purpose. Agenda. T,.t eta No. ~__L~.,~ EP 1 zt 1999 · .. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the app~licable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific '~bjections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its' investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and " environmental and soil testing results commissioned by Purchaser with respect to the Property.. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the dght to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. ~ 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of wdtten notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the dght to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated thi~.~,greement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the dght to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. I SEP 1 1999 / · ' .. 10.03 Should any litigation or Other action be commenced between the parties ' concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be grante~f, to a . : reasonable sum for its attorney's fees, paralegal charges and all fees and costs ~ for appellate proceedings in such litigation or other action; which sum may be determined by the court or in ,~ separate action brought for that purpose. 10.04 The parties ~cknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. ~ ,. · 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES ' 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. ----- At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and . discharge of every agreement and obligation on the part of the Seller to be .' performed pursuant to the provisions of this Agreement. ..- 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, ~ at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terrfls, of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any ....... - m sF 1 !999 -'. pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disp(~sal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substanc~,s are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or dghts of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreen~e, nts pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. · ' 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) . asserted against, imposed on or incurred by Purchaser, directly or in~i'ectly, '.. ~ pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the envi~ nment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. X~k NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: . If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton ' Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East "-" Naples, Florida 34112 If to Seller: Ruth M. Adams and Elizabeth J. Tripodi 3450 Gulf Shore Blvd. North Naples, Florida 34103 .. 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such wdtten notice is received, the last jaddressee and respective address stated herein shall be deemed to continue in ' effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other ' person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. . 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit -'t 5 EP 1 1999 · ' of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees ~.'."~ whenever the context so requires or admits. ~,' 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be bit;ding upon Purchaser and .--.: Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or ~. limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented ... by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever :.. for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of ~.- ,the State of Florida. /""' XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this ': Agreement. i~ WITNESS WHEREOF, the padies hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman ~.~',ESSES: ,-~ Z~ , F'UYST V~ITNE'S'S (Signature) R'UTH M. ADAMS (Print Name) SECOND WITNESS (Signature) (Print Name) DATED: .....,r/p, ~. / ~ FIRST WITNESS (Signature) " Ld{_IZABETH J. TRIPODI (Print Name) SE..j,C(~I~ WI'TNESS (Signature) (Print Name) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Conrad A. Skimina and Barbara E. Skimina, husband and wife, as an estate by the entirety, whose mailing address is 1248 Capra Way, Fallbrook, California 92028, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WITNESSETH ' WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way over and across the North 30 feet thereof, as recorded in Official Record Book 1777, Page 1862 of the Public Records of Collier County, Florida. (Folio #00196800004FFax Parcel 1.1) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE ~'.' 2.01 The purchase price (the "Purchase Price") for the Property shall be THREE HUNDRED THOUSAND AND O/100 DOLLARS ($300,000), (U.S. Currency) payable at time of closing. .ill. CLOSING . 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following ~:" execution of this Agreement by the Purchaser'.u, nless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners ~'- located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, ~ ,',~.: Naples, Florida. The procedure to be followed by the parties in connection with ,~;i:'.,' the Closing shall be as follows: ., 3.011 Seller shall convey a marketable title free of any liens, encumbrances, .,, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Flodda Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly =~:i, · executed and acknowledged, in recordable form: I. , ,:SEP 1 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee,, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by P~rchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real property taxes shall be prorated based on the current year's tax with due 'allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in wdting of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser ~" shall deliver to the Seller written notice of its intention to waive the apl~ficable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such wdtten notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Flodda. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. ~ . V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In We event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. -; 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph t2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. I SEP 1 4 lggg 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable ... contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other .necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. ~ 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. '-. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be .... paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of wdtten notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall ~have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of ,.. this Agreement. 10.02 If the Purchaser has not terminated this' ~,greement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, ' '~-. covenants and conditions of this Agreement as required on the part of Purchaser .' to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written i - - notice thereof to Purchaser, whereupon one percent (1%) of the purchase price : . shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to : the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties · concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be grante~, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder· Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby· All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, ~/' proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could; if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the ter~s, of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disp~'sal of hazardous or toxic substances or wastes, as such terms are defined in ,',oplicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform her~eunder; nor is there an}, other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agree~e, nts pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asseded against, imposed on or incurred by Purchaser, directly or in~i'ectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pc"ution or protection of the environment which shall be in accordance with, but ,Jot limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in wdting, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. and Mrs. Skimina 1248 Capra Way Fallbrook, California 92028 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such wdtten notice is received, the last ~'addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS .', 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, exe~:utors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or Pdmits. ' 14.03 Any amendment to this Agreement shall not bind any of the parties hereof 'i". unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. - ~ 14.05 All terms and words used in this Agreement, regardless of the number and :~ gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in ,, !~._ writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal .,. holiday, then the date to which such reference is made shall be extended to the next succeeding business day. , ~ 14.08 Seller is aware of and understands that the "offer" to purchase represented ,. by this Agreement is subject to acceptance and approval by the Board of County : Commissioners of Collier County, Florida : 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a ". beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida !.,, Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) ' i4.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT .' 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this : Agreement shall be of any force or effect unless made in writing and executed '. and dated by both Purchaser and Seller. Time is of the essence of this Agreement. i Agenda '-' ................. ................... L Str' 1 q 199[ P9 -.~,.. ~_.~ IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: .. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Pamela S. Mac'Kie, Chairwoman WITNESSES: (Signature) Conrad A. Skimina (Printed Name) (Printed Name) WITNESSES: (Signature) Barbara E. (Printod Namo) Approvod as to form and Io~al sufficioncy: H~idi F Asht ~ - -: Assistant County A~orney ' AGREEMENT FOR SALE AND PURCHASE :' THIS AGREEMENT is made and entered into by and between Judy Lonsway, a married person, whose mailing address is 610 General George Peffon Road, Nashville, Tennessee 37221-2455, (hereinafter referred to as "Seller"), a,,d Collier . County, a political subdivision of the State of Florida, whose address is 3301 ~:. Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The North 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the West 30 feet and less the East 30 feet as recorded in - Official Record Book 1790, Page 1046 of the Public Records of Collier County, . Florida. (Folio #00198880006/Tax Parcel 52) : WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to .. such conditions and agreements. . NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), : the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. pAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be THIRTY THOUSAND AND SIX HUNDRED AND O/100 DOLLARS ($30,600), (U.S. Currency) payable at time of closing. '3.0~ The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller unld,erstands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: SEP 1 1999 3.0111 Warranty Deed in favor of Purchaser conveying title to the . Property, free and clear of all liens and encumbrances other than; . . (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required . by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. :, 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller ' and to issue the Owner's title policy to Purchaser in accordance with the " commitment immediately after the recording of the deed. -. . 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued .. pursuant to the Commitment provided for in Section 4.011 below, shall be paid by _: _ Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due '. /allowance made for maximum, allowable discount, homestead and any other .--- applicable exemptions and paid by Seller. If Closing occurs at a date which the :- current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. ?, IV. REQUIREMENTS AND CONDITIONS " 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent :%. to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Put. chaser shall deliver to the Seller written notice of its intention to waive the apl~licable contingencies er to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. AppRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph ~2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. No. 1 1999 lpg ..; · ' 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration, of the Inspection Period, written notice of its intention to waive the apl~licable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller -in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In ' the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller " on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. ~ 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) ,.. days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall : ..have the right to seek and enforce all rights and remedies available at law or in ~ equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated thi~,Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the - transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, ;." .- and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties . .'~' concerning the Property or this Agreement, the pady prevailing in such litigation or other action shall be entitled, in addition to such relief as may be grant,!d, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the . other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and · expenses of each of the parties. 10.05 If Purchaser is unable to secure executed like agreements from nearby : property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further '... effect. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks ., required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. '~-" At Closing, certified copies of such approvals shall be delivered to Purchaser ,, and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a ' deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be .. performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, ; at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terr'n,s of this Agreement. ' - 11.015 No party or person other than Purchaser has any right or option to , acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into an~, agreements granting any .~ person or entity any rights with respect to the Property or any part thereof, without first obtaining the wdtten consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for .'. any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary . sewer system; Seller represents that they have (it has) no knowledge that any Agen~J~ S E P pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for '". the production, handling, storage, transpodation, manufacture or disp~0sal of ·' hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Properly or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations .':' concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, :.:. code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the · "' Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, ~' management, leasing, employment, service or other contracts affecting the Property. '::; ~.~ 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects .. Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this ' . / Agreement based upon Seller's representations stated above and on the ' ·understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this .. Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreerhe, nts pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or . notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. SEP 1 1BBg ....................... ~-~., ..... pg._ 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend · and hold Purchaser harmless from any and all costs (including attorney;s fees) .. asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed ..~ satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. X~L NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: : ~:~ If to Purchaser: Real Property Management Department ":: Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney :., Administration Building 3301 Tamiami Trail East · Naples, Florida 34112 If to Seller: Ms. Judy Lonsway i.:.. 610 General George Patton Road Nashville, TN 37221-2455 '; With a copy to: Mr. Ray Sepanski, Realtor ~.; Downing-Frye Realty, Inc. · 3411 Tamiami Trail North . ,? Naples, Florida 34103 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpbse of changing such addresses or addressees only, unless and until such written not~ce ~s received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes .... Xlll. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility '! of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to ..',"' pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any ..... XlV. ~ Agenda. I~t~ P9 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the datu this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is .conveyed to Collier County. (If the corporation is registered with the Federal · Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and constn~ed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY' , Deputy Clerk Pamela S. Mac'Kie, Chairwoman (Printed Name) (Signature) (Printed Name) Approved as to form and legal sufficiency: Hbidi F.~sl~ton ' ' Assistant County Attorney tt '! ,:?,Agenda ,.It, em... ,. ~ ........_ ............ ~ ....... : ...... ~:::~,~ :;~,,~ .,~SEP 1 q 1999 P9 -~ AGREEMENT FOR SALE AND PURCHASE :"...i THIS AGREEMENT is made and entered into by and between JOHN N. BRUGGER, INDIVIDUALLY AND AS TRUSTEE, whose mailing address is 600 Fifth Avenue South, Naples. Florida 34102 (hereinafter referred to as "Seller"), and COLLIER C ~UNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. ~:. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: . ~ i:i:' 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, .. described on the attached Exhibit "A". {~,~'~'~"'-~_%.~~ II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be T~ '' ~'~'/~(~~"' {'"'~~ .,-,.. DOLLARS (!~i~4~)t-(U.~% Currency) payable at time of closing. ,..~, L\ Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain like agreements from nearby property owners prior to the execution of this Agreement. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida:' The procedure to be followed by the parties in connection with the Closing shall be as follows: ' 3.011 Seller shall convey a marketable title free ?f any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law.' At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: " (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance : - underwriter in order to insure the "gap" and issue the policy contemplated by the title i L I,~glenld~ [,.te~ .._ I -. insurance commitment. I SEP 1 q t999 L 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. " 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjuStment for prorations as .. hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole :. cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller.. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable ':.. discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such pdor year's millage, i,i.. ii ' IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; , 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covedng the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon· Purchaser shall have thirty (30) days, following receipt of the title insi~rance commitment, to notify Seller in ' wnttng of any object~on to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that .... make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies o.~ to terminate this Agreement. :, 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. ..;, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary -' obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best ... efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, :':. · waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment· 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish of this Agreement. 'ii:. genda ,~..t~,m,. V. 'APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In ;: the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Sell.er on account of any loss or damages occasioned thereby and against any claim made agaihst Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VlL ~ 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. ~ 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES SEP 1 4 1999 " 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of wdtten notification of such failure, Purchaser may, at its option, terminate this Agreement by giving wdtten notice of ~- termination to Seller. Purchaser shall have the right to seek and enforce all rights and ,emedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving wdtten notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar dsks and expenses of each of the parties. A 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. ~ELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 S.eller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations un.der this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Pumhaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller.to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in ,A arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. .11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any lights therein, :.,, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent m~:; be withheld by Purchaser for any reason whatsoever. ::: 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the .... Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been . discharged from the Property, directly or indirectly into any body of water. Seller represents .., the Property has not been used for the production, handling, storage, transportation, , . manufacture or disposal of hazardous or toxic substances or wastes, as such terms are :! ;' defined in applicable laws and regulations, or any other activity that would have toxic .',~ results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with '~"" ' respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from .. neighboring properties. Seller represents no storage tanks for gasoline or any other , ',. . substances are or were located on the Property at any time dudng or prior to Seller's '~:' ownership thereof. Seller represents none of the Property has been used as a sanitary .. landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, ,"{... or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiting or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. -' 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restdct or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or Which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property ..-. which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Pb~chaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other / action or notice, that may be proposed or promulgated by any third parties or any ' governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the .. Date of Closing, which provisions shall survive the Closing, 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold ; .... , ,_, Purchaser harmless from any and all costs (including attorney's fees) asserted against, - imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with ~ the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the CQmprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, ...._.. et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. X~L NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. John Brugger 600 Fifth Avenue South Naples, Florida 34102 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this . Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the . terms of a separate agreement, if any. XtV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such ~ amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. SEP 1 1999 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. ~., 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.06 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, acco~:ding to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either pady. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 1999 IN WITMESS WHEREOF, the parties hereto set fodh their hands seals. Dated Project/Acquisition Approved by I;l.~.C:: , AS TO PURCHASER: DATED: -,' A'I-FEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA "~' BY: , Deputy Clerk Pamela S. Mac'Kie, Chairwoman /"::! , ., WiTN..ESSES: ~ / // (SiCature~-- --.v Joh~N. I~gg~r, Individually and a~~ (Prin~d Name) /(Printed Name) / ~ & Approved as to form and ~[ ~ ~ ~~ ~ ~ ~~ ~ [~ (~' " legal sufficiency: Heidi F. Ashton :' Assistant County A~orney " EXHIBIT "A" Tax Parcel 64: i,' The West (W) 30 feet of the Northwest (NW) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The South (S) 30 feet and the East (E) 30 feet of the Southeast (SE) 1/4 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenoed in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The West (W) 30 feet and the East (E) 30 feet of the North (N) 1/2 of the Southwest (SW) 1/4 of the NorthweSt (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Colliffr County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The South (S) 30 feet and the West (W) 30 feet of the Southwest (SW) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The South (S) 30 feet and the East (E) 30 feet of the Southeast (SE) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. AND The West (W) 30 feet and the South (S) 30 feet of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1758, Page 2073, of the Public Records of Collier County, Florida. (All the above known as Folio # 00199282108) (1.18 acres) AND No Tax Parcel No.: The West (W) 30 feet of the North (N) 1/2 the Northwest (NW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (West 30 feet of Tax Parcel 59) (Parent Tract Folio #00199160000) (.23 acres) AND No Tax Parcel No.: The West (W) 30 feet of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (West 30 feet of Tax Parcels 53 and 66) (Parent Tract Folio # 00199282302/00198920005) (.46 acres) AND , ,, Tax Parcel 31: Northeast (NE) 1/4 of the Southeast (SE) 1/4 of the Northwest (NW)I/4 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4. Being situate and lying in Section 30, Township 48 South, Range 26 East, Collier County, Florida, and as referenced in Official Record Book 1701, Page 759, of the Public Records of Collier County, Florida. (Folio # 00198080000) (.63 acres) AND Tax Parcel 33.1: That portion of the East (E) 1/2 of the Northwest (NW) 1/4 of the Southeast (SE) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, lying West (W) of Parcel 131 (I-75 Right-of-Way), which Right-of-Way is described in O.R. Book 822, Page 1782, of the Public Records of Collier County, Florida and as referenced in Official Record Book 1470, Page 921, of the Public Records of Collier County, Florida. (Folio//00198200000) (1.23 acres') AND No Tax Parcel No.: The West (W) 30 feet and the South (S) 30 feet of the South (S) 1/2 of the Southwest (SW) 1/4 of the Southwest (SW) 1/4 of the Northwest (NW) 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (West 30 feet and South 30 feet of Tax Parcel 46) (Parent Tract Folio #00198640000 ) (.661 acres) The above properties comprising a total of 4.39 acres. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Richard L. Jaeger, as Trustee of the Richard L. Jaeger Living Trust dated November 15, i994, with full power and authority to protect, to conserve and to sell, to lease, to encumber or otherwise to manage and dispose of the real property described herein, whose mailing ,. address is 1635 Pine Ridge Road, Naples, Florida 34109, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"), WlTNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more "" particularly described as follows: The Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4) of the Northwest 1/4 '-' (NW 1/4) of the Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4) of Section : . 30, Township 48 South, Range 26 East, Collier County, Florida, less the West 30 - feet and less the South 30 feet, reserved for public right-of-way, as recorded in Official Record Book 2479, Page 924 of the Public Records of Collier County, Florida. (Folio #00199120008/Tax Parcel 58) . WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above· I1.' PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TWELVE THOUSAND AND SIX HUNDRED AND O/100 DOLLARS ($12,600), U.S. ~urrency) payable at time of closing. I!1. CLOSING 3.01 The Closing (THE "CLOSING DATE'",. "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual wdtten agreement of the parties hereto. Seller understands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: ';' 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser SEP the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the .. Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record.. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closihg, the Purchaser, or its assignee, shall cause to be to the Seller the following: , 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay thc. Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due - · at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Properly taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable dis'count, homestead and any other .. applicable exemptions and paid by Seller. If C~'osing occurs at a date which the current year's millage is not fixed, taxes will be proratgd based upon such pdor year's millage. , .,~. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall .... perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to " Purchaser as evidence of title an ALTA Commitment for an Owner's Title :. Insurance Policy (ALTA Form B-1970) covering the Property, issued by "~ Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) · days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing m(Jnetary obligations, if any, which obligations shall be paid at closing. If the title ~ commitment contains exceptions that mak~ the title unmarketable, Purchaser shall deliver to the Seller written notice of it~ intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing wdtten notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Properly, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention .. to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal j'eports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote ~s not obtained, then th~s Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed . ?~: without any abnormal demucking, soil stabilization or foundations. 2.There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. I __| 'i-:i .S E P I zt 1999 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the restJIts of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable ~ontingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own dsk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate ~this Agreement by giving wdtten notice of termination to Seller. Purchaser shall have the right to seek and enforce all dghts and remedies available at law or in equity to a contract vendee, including the dght to seek specific performance of this Agreement. -'. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and cost.~ for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. ': 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. 10,05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this " Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary, 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a '"-' .. deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, ' proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other .. property that could, if continued, adversety, affect Seller's ability to sell the - Property to Purchaser according to the terms of this Agreement. " " 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the " Property or any dghts therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or -'~. cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been u~ed for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulati~,~s, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Properly at any time dudng or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals theremr, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense Upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date o~.,C, Iosing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's, fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xll. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Flodda 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. Richard L. Jaeger, Trustee 1635 Pine Ridge Road Naples, Florida 34109 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last 'addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS .' 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Ac~reement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, exe~btors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in wdting and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only t~ the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) . '~4.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT -'. 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 'o~ WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by aCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Pamela S. Mac'Kie, Chairwoman DATED: WITNESSES: - / (~ign~tur~) I~chard.L. J~eger, a~9~t?~ · T~st Dated November 15, 1994. (Printed Name) (Si~naturo) ','~ (Printed Name) Approved as to form and legal sufficiency: H~i F. Ashton Assistant County A~orney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Robert H. Jaeger and Associates, Inc. a corporation existing under the laws of the State of Florida, whose mailing address is 1635 Pine Ridge Road, Naples, Florida 34109, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, . L' whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WlTNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter .."~ referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The Southeast 1/4 (SE 1/4) of the Southwest 1/4 (SW 1/4) of the Northwest 1/4 (NW ~ 1/4) of the Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4), Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the South 30 feet and less the East 30 feet, as recorded in Official Record Book 1753, Page 324 of the Public .; Records of Collier County, Florida. Folio #: 00198760003fTax Parcel 49 AND :' The Southeast 1/4 (SE 1/4)of the Southeast 1/4 (SE 1/4)of the Northwest 1/4 (NW 1/4) of the Southwest 1/4 (SW 1/4) of the Southwest 1/4 (SW 1/4), Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the South 30 feet and less the East 30 feet, as recorded in Official Record Book 1753, Page 324 of the Public Records of , : Collier County, Florida. Folio #: 00199000005/Tax Parcel 55 " WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions ' and other agreements hereinafter set forth, and Seller is agreeable to such sale and to '. L such conditions and agreements. . NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price'~),,for the Property shall be TWENTY FiVE THOUSAND AND TWO HUNDRED AND O/100 DOLLARS ($25,200), U.S, Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following ... execution of this Agreement by the Purchaser unless extended by mutual wdtten agreement of the parties hereto. Seller understands and acknowledges that .?.!. Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier ; ~' County Attorney's Office, Administration Building, 3301 Tamiami Trail East, i!~:' Naples, Florida. The procedure to be followed by the parties in connection with /'".! .. the Closing shall be as follows: i :;' Agenda Z.t en~ ;: SEP 1 1999 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined acco~'ding to :. applicable title standards adopted by the Florida 3ar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly -~:, ' executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor Of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment, of its own attorney's fees. Seller, .at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear " Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in ~e,ction 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; Agen.~ 11~m~ 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owners Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such wdtten notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant !o the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal P,eriod, written notice of its intention ?to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V snail be deemed waived. In the event Purchaser elects to terminate this~.,~,greement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in P,~ragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Properly. 3. The Property is in compliance with all applicable State and F~ederal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. t X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any 'of the covenants and/or agreements contained herein which are to be ~)~rformed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the dght to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liqL~i;dated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose ..... 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar dsks and expenses of each of the parties. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this, Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser nas any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any dghts therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the wdtten consent of Purchaser to such conveyance, · ' encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or ""-" cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it ha'..) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the ---- Properly, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements,, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not beer, disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserti.ng the foregoing representations as of the Date of Closing, which provision~ shall survive the Closing. 11.t~23 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xll. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Richard Jaeger, President Robed H. Jaeger and Associates, Inc. 1635 Pine Ridge Road .. Naples, Florida 34109 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purp(Js, e of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. ~' 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties anJ shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. , 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and ' Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or ' limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in . writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County '~ ' Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever " for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is /conveyed to Collier County. (If the corporation is registered with the Federal f Securities Exchange Commission or registered pursuant to Chapter 517, Florida i~'. Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes;) 14.10 This Agreement is governed and construed in accordance with the laws of : · :~,. the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed ' ~.,'"~. and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 1 1999 · IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Pamela S. Mac'Kie, Chairwoman DATED: '¢-FIRS;C"W'I¥~N~E~S jBignat~'e) ROBERT H. JAEGER AND ASS(~ES, INC. S-"Ei~OND WITNlbS'"~(Signature) 1635 Pine Ridge Naples, Florida 34109 (Print Name) Approved as to form and .. · legal sufficiency: : :!' Heidi F. Ashton . Assistant County Attorney .. ! ' - ? .... . ........ ~ .................. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between George P. Trepanler, whose mailing address is 150 Pleasant Street, Claremont, New Hampshire 03743, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the West 30 feet, reserved for public right-of-way, as recorded in Official Record Book 1742, Page 222 of the Public Records of Collier County, Florida. (Folio #00198680002/Tax Parcel 47) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: i. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FIFTEEN THOUSAND AND THREE HUNDRED AND O/100 DOLLARS ($15,300), U.S. C~rrency) payable at time of closing. 111. CLOSING ';~.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Seller unde, rstands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Flodda. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. "' 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to ..-- the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Pdce to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Properly. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due 'allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the " current year's millage is not fixed, taxes will be prorated based upon such pdor year's millage. IV. REQUIREMENTS AND CONDITIONS , 4,01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall - ' perform the following within the times stated, which shall be conditions precedent .., to the Closing; 4.011 Within fifteen (15)days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary '~, .... obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller wdtten notice of its intention to waive the appli'cable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time pedod provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shatl be aeemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be fumished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2,01 exceeds the average of two (2) independent appraisals, if obtained, the ? Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of ., any investigation, Purchaser shall deliver to Seller prior to the expiration of the .. Inspection Period, wdtten notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its ., investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right ,of '-' inspection, Purchaser shall deliver to Seller copies of all engineering repods and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the dght to go upon the Property for the purpose of surveying and conducting site analyses, soil bodngs and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. V~. ~ 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in 'equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated thi~'._Agreement pursuant to any of the "-. provisions authorizing such termination, an(] Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving wdtten notice thereof to Purchaser, whereupon one percent (1%) of the purchase price ... shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to ..' ' the other except as set forth in paragraph 12.01 hereof. The parties acknowledge ':~'" and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. ',' '~ 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be grante~l', to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs "-' for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the ;... other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. 10.05 if Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified, copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, × proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the ~'- Property to Purcilaser according to the terrfls, of this Agreement. 11.015 No party or person other than Purchaser has any right or option to .... acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the ; .... Property or any rights therein, nor enter into any agreements granting any person or entity any dghts with respect to the Property or any part thereof, /~. without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any .: 5EP 1 1999 pollutants are oi' have been discharged from the Property, directly or indirectly .:., into any body of water. Seller represents the Property has not been used for .. the production, handling, storage, transportation, manufacture or dispc~al of ' hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in- ~" connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller .,. represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitar~ . landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body ' has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in Wdting prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this .. Agreement based upon Seller's representations stated above and on the ~ understanding that Seller will not cause the zoning or physical condition of the . Property to change from its existing state on the effective date of this Agreement up to and including th~ Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreem'e,nts pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws goveming same. Seller also agrees to notify Purchaser " ,,.. promptly of any change in the facts contained in the foregoing representations ~: ... and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any ':' ~'~; .... governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement :- (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall "- survive the Closing. " 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend .... and hold Purchaser harmless from any and all costs (including attorney's fees) " asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or "'-"- common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental .- Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ('CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xtk I~LQ_T_LCE~ 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building //'' 3301 Tamiami Trail East " Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney ... Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. George Trepanier 150 Pleasant Street Claremont, New Hampshire 03743 · 1~.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or ..addressees only, unless and until such written notice is received, the last 'addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS " 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other !',' person or party claiming to have been engaged by Seller as a real estate broker, ... salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 1999 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, exe(~btors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. ~. ~ -:?: 14.03 Any amendment to this Agreement shall not bind any of the parties hereof ! .. · unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. . 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any .-. provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. '..:::.. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. ' 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. '~. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is .. conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) i '.'.": ' 14.10 This Agreement is govemed and construed in accordance with the laws of the State of Florida. ::.i . XV. ENTIRE AGREEMENT -'., 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has : .: been or is being relied upon by either party. No modification or amendment of this ~. ~...: Agreement shall be of any force or effect unless made in wdting and executed ~' and dated by both Purchaser and Seller. Time is of the essence of this Agreement. '; t I IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: ' AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk Pamela S. Mac'Kie, Chairwoman WITNESSES: ' (Signature) George~. Trepanie~ ~Printed ~a~) ' (signature) :'. (Printed Name) ,~ Approved as to form and legal sufficiency: Heidi ~ ~sh[on Assistant County A~orney AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Shirley J. Hedlund, .'.:. whose mailing address is 566 Anchor Rode Drive, Naples, Florida 34103, (hereinafter ~:' referred to as "Seller}, and Collier County, a political subdivision of the State of Florida, whose addres; is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). .,' WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more . , particularly described as follows: The South one half (S 1/2) of the South one half (S 1/2) of the Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4) of the Southwest one quarter (SW 1/4) less the West 30 feet, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, as recorded in Official Record Book 2081, Page 1513 of the Public Records of Collier County, Florida. (Folio #: 00199282302/Tax Parcel 66) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective .! undertakings of the padies hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: .!.~, -. 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above II. PAYMENT OF PURCHASE PRICE : 2.01 The purchase price (the "Purchase Price") for the Property shall be SEVENTY ONE THOUSAND AND SEVEN HUNDRED AND O/100 DOLLARS ($71,700), (U.S. CurFency) payable at time of closing. '.i~. III. CLOSING ~.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR ~.. "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written .. agreement of the parties hereto. Seller un(~,rstands and acknowledges that Purchaser must obtain executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, prior to the ".:.: .! execution of this Agreement by Purchaser. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with ..~:: the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, i . .... exceptions, or qualifications. Marketable title shall be determined according to ' applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser ;": the items specified herein and the following documents and instruments duly . .'~'.¥: '" executed and acknowledged, in recordable form: ' /'~..!!..! Pg' : 3.0111 Warranty Deed in favor of Purchaser conveying title to the · Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due 'allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. .', IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the appllbable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the ~eller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, · may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title · commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement ' (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention ' .' to waive the applicable contingencies or to terminate this Agreement. If .. Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its . investigation and the contingencies of this Article V shall be deemed waived. In -~. the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. ~:.~ 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent aFpraisals, if obtained, the :: 'Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. . 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. ~ ' 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Pumhaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. ~ 7,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. ~ 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 1.0.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all dghts and remedies available at law or in 'equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this'A~greement pursuant to any of the - provisions authorizing such termination, an({. Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, ~ .=., Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price ::. shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge .~'. and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated - damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or . other action shall be entitled, in addition to such relief as may be grante~l', to a , reasonable sum for its attorney's fees, paralegal charges and all fees and costs : - for appellate proceedings in such litigation or other action; which sum may be '.., determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and · expenses of each of the parties. .. 10.05 If Purchaser is unable to secure executed like agreements from nearby property owners located within Section 30, Township 48 South, Range 26 East, by October 1, 1999, this Agreement shall become null and void and of no further effect. XI. SELLEP~'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES -. 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchase~ have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, :. threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary ' authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a ": deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, ~l proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terrfls, of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any dghts therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. ;' 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly '":~ into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disp(~sal of hazardous or toxic substances or wastes, as such terms are defined in -' applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or ., inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. '~ 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or ,~:: local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than exis~ng zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees ~ not to enter into any contracts or agreerrle, nts pertaining to or affecting the Property and not to do any act or omit to perform any act which would change ~' the zoning or physical condition of the Property or the governmental ~ ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations ~ and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement '.." (hereinafter called the "Closing Representative Statement") reasserting the ~. foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Agenda 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend " and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and .... the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xlk NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Shirley Hedlund 566 Anchor Rode Drive Naples, Florida 34103 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or -- addressees only, unless and until such written notice is received, the last ~'addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xlll. REAL ESTATE BROKERS -' 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a .- · separate agreemen'~, if any. ×~¥. MI~CELL~EDJ,~ 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. , 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. .. 14,03 Any amendment to this Agreement shall not bind any of the parties hereof ' unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and ;: Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. . 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. . 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented ... by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida " Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) ~'14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT .' "- 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this ..... Agreement, IN WITNESS WHEREOF, the parties hereto set forth their hands seals. '"' Dated Project/Acquisition Approved by , "' BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman FI~r'S-T WlTNES~ iSi~nat~r~) ' SHI'RLEY J.~I~JEI~L. UND (Print Name) SECOND'WFi'NE,SS (Signature) (Print Name) Approved as to form and legal sufficiency: ..... He~d~ F Ashton Assistant County Attorney ,; I~-- ~ ~ [ ":SEP 1 q B99 / EXECUTIVE SUMMARY APPROVAL OF A LIMITED USE LICENSE AGREEMENT WITH THE NAPLES ITALIAN kMERICAN CLUB, INC. FOR USE OF COUNTY-OWNED LAND FOR PARKING. OBJECTIVE: Approval of a Limited Use License Agreement ("Agreement") between Collier County ("County") and the Naples Italian American Club, Inc. ("Club") in order to allow for the parking of cars on County-owned property for the Club's annual carnival. CONSIDERATION: The Club has requested use of the vacant portion of County-owned property located east of the Domestic Animal Services Facility on Airport Road ("Property"). This area will be used for parking for the Club's annual carnival. The Property shall be used on November 4, 5, 6, and 7, 1999. The Club shall acquire any and all permits by Collier County and any other governmental entity to conduct such an event. The Club shall also post cash bond money to ensure adequate clean-up of the property at the termination of the Agreement. The Club shall also provide and maintain general liability insurance to be approved by the County's Risk Management Department for not less than Three Hundred Thousand Dollars ($300,000). The Director of the Domestic Animal Services, the Director of the Risk Management Department and the Office of the County Attorney have reviewed the attached Limited Use License Agreement. ~"~ FISCAL IMPACT: None GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners review and approve the attached Limited Use License Agreement between Collier County and the Naples Italian American Club, Inc. for purposes of allowing the Club to park cars on the grassed area east of the Domestic Animal Services Facility and authorize its Chairwoman to execute same. PREPARED BY: ' . DATE: ~ ,,3/. ? 9' Michael H. Dowling, Re Specialist, Real Property Management Department REVIEWED B~~~'. ~'~, ~/~~ j DATE: ~- /' ~ ~' J~lock, ~ireCt~ome~tic ~imal Se~ices Depa~ment To~ 0~ff, XdminG~, Public Se~ices Division Agen~ I~ LULA: LIMITED USE LICENSE AGREEMENT .IED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA AND NAPLES ITALIAN AMERICAN CLUB, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED LAND FOR PARKING. . This Limited Use License Agreement entered into this day of ,1999 by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "County", and Naples Italian American Club, Inc., a non-profit Florida corporation, whose mailing address is 7035 Airport Road North, Naples, Florida 34145, hereinafter referred to as "Club". WHEREAS, the Club requests thc use of County-owned land for the purpose of overflow parking for the Club's annual . Carnival which is to be held on November 4, 5, 6, and 7, 1999. WHEREAS, the County is willing to approve thc use of County-owned land for such purposes; NOW, THEREFORE, BASED UPON THE MUTAL PREMISES, HEREIN, THE PARTIES AGREE Ag FOLLOWS: 1. The County hereby approves the use of County-owned property identified as the vacant grassed area to the east of the Animal Control facility located at 7077 Airport Road North, Naples, hereinafter referred to as "Property", for the purpose of parking cars for the Club's annual carnival. 2. The County approves the use of the Property by the Club for the following: On November 4 and 5, 1999, between the hours of 5:00 p.m. and 11:00 p.m.; on November 6, 1999, between the hours of 11:00 a.m. to 11:00 p.m.; and on November 7, 1999, between the. hours of 11:00 a.m. to 9:00 p.m. 3. The Club shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with the intentions of this Agreement, such responsibility not being limited to trash collection and clean-up of the Property. The County shall not be obligated or required to improve, repair, or maintain the Property or any part ~'"-*of in any manner whatsoever. The Club shall acquire any and all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Club shall post a Four Hundred and Nofl00 Dollar ($400.00) cash bond with the Real Property Management Department by October 18, 1999, to insure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond ~s not intended to replace the Club's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to Club if said Property ~s cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property, the Club will provide to County, in writing, all proposals and plans for alterations, improvements, 'changes or additions to the Property. The Club covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to the - Property shall, at once, when made or installed, be deemed as attached i5 the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if County so directs, the Club shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the Club, and repair any damage caused to the Property by such removal. 6. The Club shall provide and maintain general liability insurance policy(les), approved by the Collier County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to October 18, 1999; and shall include a provision requiring ten (10) days prior written notice to Collier County ¢/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the County by and through the Collier · - ~inty Real Property Management Department. ~ A~en & · ::: SEP 1 1999 8. The Club agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier . , County, Florida, and their agents and employees, from any claims, assertion or cause of action for an~'loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. The Club agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, ~Ses or fees, including attorneys' fees, arising from any claims or cause of action for loss, injury or damage to ns or property arising from or associated with the Club's activities or use of the Property. 9. The Club covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons to occupy same without the written consent of County. I0. The County reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon fifteen (15) days notice to the Club of County's intent to reschedule and/or cancel. 11. The County and Club specifically agree that this Agreement represents a license for the Club's use of the Property. and does not convey any estate in the Property or create any interest whatsoever. 12. The Club represents and wanants to the County that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 13. The Club shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this ovent. 14. The sale of alcoholic beverages shall be prohibited on the Property during this event. 15. This Agreement shall become effective upon execution by both the County and the Club. ; 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE CLUB: ED: NAPLES ITALAN AMERCIAN CLUB, INC. a Florida Non-profit Corporation By:. Wilness (signature) Edith Coleman, President (print name) Wimess (signature) {print name) . ;~ ::... AS TO THE COUNTY: ATrEST: BOARD OF COUNTY COMMISSIONERS, · DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~.~ BY: '- , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: ~ ., .. ~ F. Ashton , 'lant County Attorney ': IL_ EXECUTIVE SUMMARY AWARD OF BID 99-2946 Objective: To award Bid to the recommended bidder to re-sod and renovate a soccer/football field at Golden Gate Community Park. Consideration: Bid 99-2946 was posted on August 6, 1999 with invitations to bid sent to 96 vendors. Five vendors submitted proposals: Turfmaster, Lippold Enterprises, Stahlman Landscape, Mike Cole Enterprises, and Kloote Contracting. The five quotes were submitted as follows: Kloote Contracting, Inc. $84,375 Mike Cole Enterprises, Inc. $51,468 Lippold Enterprises, Inc. $46,406 Turfrnaster, Inc. $35,531 Stahlman Landscape, Inc. $33,750 Staff has reviewed the quotes received and recommends award to Stahlman Landscape, Inc. as the lowest, qualified and responsive quote that can meet the required timeframe. Fiscal Impact: Funds are budgeted in Parks and Recreation Landscaping, Capital Improvements, General Fund. ~wth Management: None Recommendation: That the Board of County Commissioners award bid to Stahlman Landscaping, Inc. in the amount of $33,750 //?James Fitzek, Op/ff'a~ion~ Manager &' Department of Parks and Recreation Approved by: Marl~'~,amsey, Directo? / Department of Parks and'Recreation Approved by: Steve Camel[, Director Department of Purchasing and Thomas W. Ol-liff, Adr~istrator Division of Public Services [ .o. /(lsdO) '~1 Project Title: Renovation of Golden Gate Soccer Field Project Mgr: Inquiries Sent: 96 Tabulation for Bid: 99-2946 John Walters Packages Rec: 5 Opening Date: 25-Aug-99 Lippold Stahhnan Mike Cole Kl°°te ITEM DESCRIPTION Turfmaster Enterprises Landscape Enterprises COntracLi Fi'eld Renovation of Soccer Price per square, foot , $0.421 $0.550 $0~400 $0.610 Price for 84,375 square feet Total Bid Price $35fi31~00 $46,406.25 $33,750.00 $51,468.75 $84,375:00 Copies of License(s).included? Y~s ....... .'iii 'iii'"' Yes Ye'S'"i .i'.. '"i .ii'. ~" Yes' Yes Prompt Payment Terms? Net 30': '" Net 30 'Net 30 Net 30 INet 50 Buyer: Kelsey Ward I Witness: Ron Precup ........ I, ............ Page 1 of 1 EXECUTIVE, ,, SUMMARY APPROVE BUDGET AMENDMENT FOR THE SUMMER FOOD SERVICE PROGRAM OBJECTIVE: That the Board of County Commissioners approves an increase for the Summer Food Service Program. CONSIDERATION: The Parks and Recreation Department, for the past fourteen (14) years, have successfully administered The Summer Food Service Program. This year the program increased by approximately 25%, requiting an additional $55,500.00 to complete the program. The State of Florida, Department of Education, who monitor's the program for the Federal Government, will be reimburseing Collier County the additional $55,500.00 dollars needed to complete the program based on the monthly reimbursement claims sent by the Parks and Recreation Department. Total reimbursement for the 1999 Summer Food Service Program is $277,926.00 FISCAL IMPACT: Monies in the amount of $277,926.00 for this program are totally offset by State Grant Funds. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends that the Borad of County Commissioners increase the Budget for the 1999 Summer Food Service Program by $55,500.00. ~ Jar~ ~itz~k Operations Manager REVIEWED BY: ' a Ramsey, D~ector Department of Parks and Recreation "' ~fi~as W. ~, Administrmor Division of PuBIic Semites EXECUTIVE SUMMARY APPROVE AGREEMENT WITH PERFORMERS FOR COUNTRY JAMBOREE Objective: That the Board of County Commissioners approve an agreement with Ricochet for a performance at the 1 st annual Country Jamboree. Consideration: Ricochet will headline the Country Jamboree on Friday, September 24, 1999. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements and meals, provisions to provide staff to assist with construction and tear down of the stage, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation amenities through in-kind donations. Growth Management: None Fiscal Impact: Expenditures are budgeted for the performers in the Parks and Recreation Budget. Recommendation: That the Board of County Commissioners authorize the Chairwoman to execute said agreements in the amount of $5,000. P reparedby: (-ld./b~._ /K, (o~! Date: /c'~/~/ c/fames Fitzek, Dpe~ations Manager Department of Parks and Recreation Reviewed and _, . , /, Approved by: ./--"~ , ~ ~ ,.:' Date: ." Marfa Ramsey, Directo/ Department of Parks and Recreation Reviewed and i~...-. ,~~fl A Approved by'Y ,/.~"lt~rx_l., t ~.[]f Date: Thor~a~'~.~61h~'~f, ~'d~strator Division of Public Servt'ces SEP 1 q 199o5 WILLIAM MORRIS AGENCY, ,..., "' ' ~ Talent and Literary Agency 2100 Wesl End Avenue, Suile 1000. Nashville, Tennessee 37203 ........ Telephone 615-963-3000 Facsimile 615-963-3090 RIDER ATTACHED ItERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO 2 THIS CONTRACT fur thc personal services of the musicians on the engagement described below is made AUG 30 99, bct~,ecn COLLIER COUNTY PARK?; & RECREATION,T'eg Ruby (hereinafter referred to as "PURCtlASER") and RICOCHET (hereinafter referred [t~ as "ARTIST') v. hose services are furnished by Ricochet. Inc. (hereinafter referred to as 'PRODUCER') It is mmuatly agreed b,.nwecn thc parties upon all the terms and conditions herein set forth, includthg those on thc reverse side hereof cmidcd 'Addmona) Terms and Conditions," as follows: I. Pla;ze of Engagement: Vinc,,.ard Community Park 6231 Arbor Bird Napks, FL Scalia~2 0 ~ $ 0.00 Capacll): 0 Gross Potential: $0 T:,x: 0 0,0000 Nel Potential: $0 (Not to exceed) OUTDOOR SHOW; RAIN OR SHINE. Fre~ show. 2 DATEiS) OF ENG.\GE,MEN] Fri SEP 24 99 ©pcncr TBA Rtcochct a Number ~,I Shows I Lcnglh ol Eactl Shc>,a 7500 nilnulea n P, II_LING iln ali I,,rll:> ,! ad',crt~slngl 4 FiLl. PRI('[ \Cl.:LED UPON $ 5,¢)9 ([:i~.c Thousand) FLAT GUARANTEE Purchaser t~ [ro~ ~dc and pa) [or sound, lights, 5 (FIVE) double rooms and 2 (TWO) single rooms m a first cl;.s~ hotel ~ rcquacd by Artists Purcha.~cl shall I,.P, idc ~md pa5 for all terms and conditions cont~uned in Artist rider attached hereto. Ali Accommodat~or~ and Travel arr~n~:cmcnts arc subject to PRODUCER's prior appro'.al. .Mcr,'haJ~disin$ Rate(nog; lOOCA Artist Sells 5 Ali payments shall bc paid by PURCtlASER in US funds by CERTIFIED or CASHIER'S CHECK, or CASH as follows: a. $2,500 sh;d! bc paid to and in the name of PRODUCER's agent. William Moms Agency not later ~an SEP 24 99 b Th,,.: balance In thc amdahl of $2,500 shall bc p~ad to and m thc name of thc PRODUCER Ricochet, inc f/s/o RICOCHET nol later t~idll Iml;Icdiatel} ?nor to thc firsl performance .~ Eas-ned ixr,cnta~cs, overages a,d/or bonuses, if applicable, ~e to be paid to PRODUCER by CASH ONLY d In thc c,.[:,: thc FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or heron a ,';c, ~u,:h amounts ~,hall be pard in full to PRODUCFR in CASH ONI¥ immediately following ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN WITNESS WHEREOF, thc parucs hereto haxc hereunto set their namcs and seals on the day and year first above written. Ric~het. Jnc. tFEDAD# 43-1644075 fi'~ Collier Country, Florida · Ricochet, [nc. ,/ ~,~fiS_o ,~'/~,,~.~'"~--/~! Attest: 1905 Broadway Nashville, TN 37203 B',: Pamela S. Mac~Kie Dwight E. Brock. Clerk Tide: Ci'xaxrxsomcn 43-1644075 949029 SEP 6, Whenever the term 'Federation" is used herein it shall mean the American Federation of Mu$~cians of the Uniled S~dte~ and Canada, Whenever Ihe term 'Local Union' is used herein i~ shall mean the Local Union of the Federalion wi~h jurisdiction over territory in which the engagement covered Py Ihis contract is to be performed. 7, No pedormance of Ihe engagement shall be recorded, reproduced or trans~.~qilted from the place of performance, ~n 8qy mar,~er or by any means whatsoever, in the absence of a specific written agreement with the Federation reladng Io add permitting such recording, reproduction or transmission. 8. It is expressly understood by the patios hereto that neither the Federation nor the Local Union are part~es tc ~his con~ract ~n capacity except as expressly provided in 7 above, and therefore, that neither the Federation nor the Loca~ Unioc shatl be I~abte for; pedormance or breach of any provision hereof. 9 A representative of the L~al Union, or Ihe Federation, shal~ have access to the place of engager~ent covered by the contract for purposes of communicating with the ARTIST(s) pedorming the engagement and the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees Io furnish and pay for at its own expense (al on the date and al the time of the pedormance{s) above- mentioned all that is necessary for the proper presentation of the entedainment presentation, including without IJmJtatio~ a suitable Iheatre, hall or auditorium, well-heated, ventilated, lighled, clean and in good order, stage cudains, properly luned ~rand p~ano(s) and public address system in pedect working condilion ,ncluding microphone(s) in number and quality required by PRODUCER, dressing r~ms, all necessa~ electricians and slage ha;Tds, all lights, tickets, house programs, all licenses (including musical performing rights ~i~enses),~pcc~c! pc~!~-:, ushers, ticket sellers, lickel fakers, appropriale and sufficient advedising in the principal newspapers, (b) ~2~usic royalties in connection wilh PRODUCER's use of music, and in addition, the costs of any musicians (including Contractor) other than Ihose furnish~ by PRODDER as pad of PRODUCER's regular company, (c) all amusement taxes, (d) if PRODUCER so requires, all necessaW Mcilities, electricians, slage hands and other personne~ for lighting . , nd (el all other item4 and personnel (including but not limited to any and all ~rsonnef, including musicians, as may be required by any national or Joc~' union(s)) required for the proper presentation of lbo entedainment presenlation hereunder, and any rehearsals t~erefor, ex~2t for those items andpersonne~whic~ PRODUCER herein specifically agrees to furnish. PRODUCER shall~ave~he rider to came the ~al music contractor and to approve the musicians hired ~oca~iy. 2. In the event of s~ckness or of accidenl Io ARTIST, or if a pedormance is prevented, rendered impossible cr icfea¢ib~e by any 8ct regulalio~ of any public authority or bureau, Civil lumu)t, strike, epidemic, interruplio~ in or delay of ?a~sJorta:ion services, conditions or emergencies or any other s~mifar or dissimilar cause beyond the control of PRODUCER, ,~ is uJderslood a~¢ agreed that there shall be no c~aim for damages by PURCHASER and PRODUCER's obligations as to such performa¢ces shah' be deemed waived In Ihe even~ of such non-pedormance for any of the reasons stated in Ibis paragraph, if ARTIST is ready, v,,i~lin~ and able to perform, PURCHASERshalfpaT~*e fullcompenJatio~ht'eu,=d(*r olherw;se.'hemonJes(if a~y) advanced to PRODUCER ~erednder shoal be returned on a pro-fora ~asiJ. 3 Inclement weather rendering performance impossible, ~nfeasible or unsafe sha~ not be deemed a force majeure eve¢', a~C of the agreed upon compensation shall be made notwilhslanding. If PURCHASER and P~ODUCER disagree as ts wnetle- re~d~tion of ~rform~nce(s} is impossible, not feasible or unsale because of inclement weather, PRODUCER's determination as ',c 2edormance shal~ prevail. 4, In the event PURCHASER refuses or neglects to provide any of the items or Io pedorm any o¢ i~s obligations herei~ stated, fails ~o make any of the payments as provid~ herein, PRODUCER shall have the right tO refuse Io perform this Contract, shaft retain any amounls therelofore pa~d Io PRODUCER by PURCHASER, and PURCHASER sha~l remain liabre to PRODUCER for t~e agreed price herein set fod~. In addilion, if, on or belore the dale of any scheduled pedormance, PURCHASER has failed, neglected, or refused to pedorm any conlract with any other pedormer for any other engagemeqt, or if Ihe financial standing or credit PURCHASER has been impaired or is in PRODUCER's opinion unsatisfactc~, PRODUCER shall have the right to demand the payme~l of the guarante~ compensation fo~hwith. If PURCHASER fails or refuses to make such payment forthwith, PRODUCER s~all ~ave the right to cancel this engagement by not,ce to PURCHASER to that effect, and to retake any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shal~ remain liable to PRODUCER for the agreed price herein set 5. ~e entedainment presentation to ~ furnished by PRODUCER hereunder shall receive billin¢ in such order, icftu, s~ze and prominence as direcled by PRODUCER in all advedJsing and publicity issued by or under the conlroi of PURCHASER. ARTJST'sname or likeness may not be used as an endorsemenl or indicalion of use of an~ product or so.ice nor in toe.action w:h a~y corpora" sponsorship or tie-up, commercial tie-up or merchandising without PRODUCER's prior writlen consent, 6. PURCHASER shall not itself nor shall ~1 permit others lo record, broadcast, le~evise, ph0togradh or o:~erwrse re¢rccuce the ancot audio pedo~ances hereunder, or any pad thereof. 7, PRODUCER shaJihave the exclusive right to sari souvenir programs, baikal books, pholographs, records and any and all ~ypes merchaddise including, but not limited to, adic~es of ctolhing (i.e., T-shi~s, hats, etc.), posters, st~ckers, etc., o~ the Dram:sos of the place(s} of pedormance without a~y particijatio~ i~ the proceeds by PURCHASER sub)ecL however, ~o conceSsiOnaire's 'ecu foments, if any. 8. Unless stipulated to the coctra~v in writing PURCHASER agrees ~hal PRODUCER may cancel :~e enga~ema~', nereuccer ~ability ~y gMng lhe PURCHASER not,ce thereof al least thi~y (30) days pric, fo ~he comme~ceme?', date of ire enca~emen~ hereunder. PRODUCER sha~l also have the dght totermi~ate this agreement without ~[ability ,n the eve~: PURCHASER fa~s :3 and return this Contract w~lhin I0 cays 9. PRODUCER shall have exdus~ve conlro~ over Ihe production, presentation and pedorma~ce o~ the enga~eme~ hereunder as well as the means and methods employed in fulfilling each obligation of PRODUCER hereumder i~ af~ respects a2¢ ~ ali de,ails PRODUCER shall have the so~e r¢~ht, a5 PRODUCER may see fit, to designate and change at a~y t~me :he pedorm,ng personne! than t~e ARTIST(s} s~cifica~fy named here~n. 10 PURCHASER agrees (al to comply prdmptl~ y w~th PRODUCER's directions as to s'a~e, ~ scttim~*~ ~. 'st the per~orma~,ce hereunce,', (b) ~al no performers O her lhan ho, se o be turmshed by PRODUCER hereunder wtll appear on or ~n connection w~th the engagement hereunder, (c) that no stage seals are 1o be sold or used wi:hour PRODUCER's prior written consent, and (d) lhat the enteda~nmec: presentation wi!l not be included in a subscription Or other ly~ of series without the written consent of PRODUCER ~ 1. I: ds agreed thai PRODUCER s~gns lhis contract as an independent contractor and not as an employee. This coqlract shah not, any way be conslrued s2 ~s to create a pa;tnersh.~, or any kind of joint undedak~n9 or ve~lure between the padies hereto, ncr make PRODUCER liable in wh0~e or in pan ~or any Ootr;a;,on that may ~ ~ncurred by PURCHASER rn PURCHASER's carw~n; out any Ihe provisions hereof or olbe~se, 12. Nothing in this Agreement sha~l require the comm,~ss~on of any act contrary to Jaw or to any rules 3r requ~t~o,~s of any U~JO,Q, ~u~rd simi~ar body having ]urisdicti~n over the services and pers~nne~ ~ be furnished by PR~DUC~R t~ PURC~ASER hereu~der If there any conflJcl between any provision of this Adreement and any law, rule or regulation, such law, rule or regulation shall prevail and Agreement shall be co,ailed, modified, or limited only to the e~ent ~ecessary Io eliminate such co~f!~ct PURCHASER agrees comply wi~h all regulations and requirements of any union(s) that may ~ave ~urisdiction over a~y cf the said materJa;s, facilities a~d personnel to be furnish~ by PURCHASER. 13.1n the eve~l of any inconsistency between the provisions of this contract a~d the prowsions of any r~oers, addenda exhib;ts or aJy other attachments heroic, the nantes agree Ihat the provisions most favorable Io PRODUCER and ARTIST shal 14. PURCHASER hereby indemnifies and holds PRODUCER and ARTIST, as wel~ as their respe~.= ~9~,,' ....... principals, employees, officers a~d directors, harmless from and against any ~oss, damage or expense, ~Judi~; ~ ~ fees, incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoin¢ in co~ectio~h or ~y claim for personal inju~ or property damage or otherwise brought by or on ~half of any third party p~rson, ~'~rdsult of or in conneclion w~th the engagement, which claim does not result from the active and willful ne~igenc[ ¢ ~e 15, Witl~am Morris Agency, Inc. acts herein only as agenl for PRODUCER a~d is not responsible for any ~t of Commission or on the pan of ei~herPRODUOER, ARTIST or PURCHASER. In fudherance thereof and for lhe benefit ~f Willia~orris Ag~, ~t agreed that neither PURCHASER nor PRODUCER will name or oin William Morris Agency as a party in.~n~ civil a~i~~ out of. in connection with, or related lo any act(s) of commission or omission of PURCHASER, ARTIST or ~ e16. This conlract (al cannot be assigned or transferred withoul the written consent of PRODUCER, (b) contains the sore and complete underslandJn~ of Ihe padies hereto and (c) may not ~ amendS, supplemented, varied or discharged, except by an ~nstrumen: riling signe~ by both pa~ies. The validity, construction and effect of this contract shall be governed by the laws of ~he Slate nnessee, regardless of the place o~ pe~orma~ce. ~HE ~ERS~N EXE~T'.~C T~ ',',C AGR~EME~T C~4 PU~CJR'S B~F '*~AJ~ANTC ?~?HER AUT~O~ TO ~ SO, ~D SUCH PEJCO~ ~EREgY PCRSO~'~LL',' ACC'JMEC~L~'L~T~ ~~¢ SA~D FRiCE ~ FULb The terms "PRODUCER', 'ARTIST' and 'PURCHASER" as used here~n shall include a~d apply Io the singular, t~e plural and to all genders. RICOCHET ENGAGEMENI CONTRACT RIDER CONTACT INFORMATION agement: John Dorris/Ron Chancey Office 615/320-7714 Fax 615/320-5799 (CONTACT) I,a.rt'y McKee.h. an Mobile 615'812-9670 Hallmark Direction Co. Tour Management: {CONTACT) Kevln Hulett Mobile 61~948-2419 VM/Fax 80G'276-7148 Public Relations: Jules Wortman Off-me 615/259-CX335 Fax 615/259-0250 Wortman Works Record Label: Columbia Records Office 615/742-4321 RICOCHET Federal I D No. I14,3.1644075 I~.~C Band Members: All b~nd personnel are members of AFM ,,7, Na,hvllle Perry Heath Wdght (Leader), Dwayne M. Bryant. Jeffrey P. Bryant, Teddy Sloan Cart. Gregory C. Cook, Edward J. Kilgallon [ This Rider ("Rider") is attached to and made a part of the Contract ("Contract'~) between Ricochet, Inc. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said services ("Purchaser") as defined on the face of the Contract in connection with the Artist's performance(s) at the venue(s) described therein ("Venue" or the "Engagement"). Purchaser shall provide the following for ARTIST in order to have the best possible show: I. HOSPITALITY A. Thirty (30) prime tickets per show. B. Parking as dose as possible to backstage entrance for 45' bus with trailer. · C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. . D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted _~ Coke, Diet Coke and Spdte, one (1) gallon 2% milk, 1/2 gallon orange juice and eight (8) lcd'-/ bags of crushed ice delivered to bus at load-in. ,~' F. Lunch forfifteen (15) people at load-in. G. Dinner (incl. entree, vegetables, bread, desert & drinks) for fifteen (15) people after soundcheck. . C, H. Three (3) large pizzas and four (4) bags of ice delivered to bus at end of show· II. STAGING/PRO~DUCTION '~~o,n/ = ~',~ ,d-~v'~-~v'C~ ~,*/ ~ ~. ~fJ~'/, · ~. ~..~ A.~f]ighting, front and back truss, with all cables, gels, dimmers and lighting desk with ...... " _Y~ operator. / ~,~,5~) ' ~ . ~/P-~ B.~foll0w spots with platforms, three (3) station clear corn system an(3 all cabhng L '~t.c~-'_ C. Adequate electrical power to power all equipment including quad boxes for stage. D. Minimum stage dimensions of 30'X20'X4'. E. Power amplifiers (Crown or equivalent), cables and speakers (EAW KF850 or equivalent, preferably flown) adequate to del~_.e~e_q_ual and undistorted sound to entire audience, com- ~'"~-~olete with drive rack, fo~ni~'eT-"~ake, returns and CD player. ~ ~n '~F~ Fo~..y.J~te)'~annel mixing console ~amaha PM3000 or equivalent). G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down _..~_~,~.~ equipment and load truck after show. ~',4-~z:l~.._E~a.m-(4)'~oPle dudng show to operate spotlights and do set changes. I. If Outdoor Show, stage top and sufficient visqueen to thoroughly cover all equipment in ~ event of rain. III. MERCHANDISING. Four (4) eight foot (8') tables, six (6) chairs, AC outlet and a mutually agreeable location to sell merchandise. " (OVER) ~ ' Agen~la 1905 Broadwag ' Nashvltte. Tennessee 37203 ' 615'320'7714 ' 61~J-3209579..~_~ax Furthermore, Purchaser agrees to the following in order for Artist to have the best possible show: IV. MERCHANDISING RIGHTS, Artist and/or Artist's Representative shall have the sole and exclusive right, through not the obligation, to sell Artist's Licensed Products. Purchaser further agrees and warrants that there shall be no ~'~, sale or other distribution of recordings and/or other souvenir materials/products other than by Artist and/or Artist's Representative immediately preceding, during and/or immediately after the Performance without the prior written consent of Producer/Artist. Producer shall retain 100% of the proceeds from such sales, unless otherwise agreed. ~ /~fj~. ~/~_.~ V. SECURITY. Purchaser is solely responsible for providing security in connection with the Engagement, including, without limitation, the protection of Artist, Artist's employees and agents, equipment, instruments and patrons. To this end, Purchaser shall provide and pay for a minimum of five (5) secudty people from 1/2 hour before through 1/2 hour after the perfon'nance .... S,ONSORS, P: ¢ All forms of sponsorship, weither part of an on-going series or specifically for Artists show, must be authorized by Producer. This includes We designation of any radio station as a "presenter" or "welcoming station" which MUST BE APPROVED IN WRITING BY PRODUCER well in advance of the date of the engagement. Purchaser shall secure a valid insurance policy in effect for each Venue throughout each Engagement Onduding load-in & load out) and in relation to all rehearsal facilities, to cover Purchaser's and public liability, worker's compensation, third party claims and any other appropriate coverage to a limit not less than ONE MILLION DOLLARS (US $ 1,000,000.00) and unlimited in the aggregate. Purchaser shall name Producer, Artist and their respective employees and agents as additional insured on said policy. Proof of such policy shall be furnished to Artist's Manager, upon demand, pdor to each engagement. Purchaser further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Artist and/or Artist's employees, contractors and agents, against fire, vandalizing, theft, dot or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided, copies of such must be presented to Producer/Artist upon request. VIII. TAXES. Purchaser shall pay, at it's sole expense, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to ProducedArtist shall be free of same. The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer/Artist for Engagements performed within the United States (unless otherwise stated on the face of the Contract) but shall apply to alt forms of taxes including, without limitation, any business occupancy tax or any value added tax (VAT). IX. CHOICE OF tAW/FORUM. In the event of any default, dispute or breach of this Agreement re.quidng court action, the Parties hereto consent to venue in Davidson County, Tennessee, in any such action. Furthermore, the prevailing Party shall be entitled to recover reasonable attorney's fees, expenses and court cost. P URC HAS ER DATE la~ODUCER T I -Agenda J SEP 1 qg999 ............ WILLIAM MORRIS AGENCY, ~.~. · Talent and Literary Agency 2100 West End Avenue, Suite 1000. Nashville, Tennessee 37203 ..... Telephone 615-963-3000 Facsimile 615-963-3090 RIDER ATPACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 THIS CONTRACT for the personal serMces of the musicians on the engagement described below is made AUG 30 99, between COLL1ER COUNTY PARKS & RECREATION/Peg Ruby (hereinafter referred to as "PURCHASER".} and RICOCHET (hereinafter referred to as "ARTIST") whose services are furnished by Ricochet, lac. (hereinafter referred to as "PRODUCER"). It is mutualI) agreed between the parties upon all the terms and conditions herein set forth, including those on thc reverse side hereof entitled "Additional Terms and Conditions," as follows: l. Place of Engagcn',cnv Vlnc)~d Community Park 6231 Arbor BI;d Naples, FI_ Seabag: 0 ~' $ 0,00 Capa,-It5 0 Gross Potcnlial: $0 l':x' 0 UO000 Not Potential: $0 (Nol to exceed) OUTDOOR SHOW; RAIN OR SH1NE I-me show 2. DATE(S; OF ENGAGEMENT Fri SEP 24 99 Opener TBA Ricochet b Time ,.)1 Sho'.~(s): Bt(K) PSI I.cngtb oi Each Show: 75-90 minutes 3 lllI,l.]N(i ,ln.dtl,!::~s~lad,.crtising) /\ri~,L shall :c~cr,~ l',)~)q,i Sclc llcadlthe HLlllng 4 FI.L[ PRiCI ..\GRI~ED UPON: 5 >,(.,K~ / ih ~ c 'I hi>ut, and ~ ELAT GUARANTEE Pur,..haacl to pm:ldo and pa) for =ound, hghts, 5 (FIVE) double rooms and 2 (TV/O) single rooms in a firm ,:hz,~ holcl as required b~, Artists Purcha~.cr shall prv',iJc and pa? for all temps and conditions comaincd in Artist rldcr attached hereto. Al! Accommodation and Tra,.¢] arrangements arc subject to PRODUCER's prior approval. Merchandising Ralctneg)100~ Artist Sells 5 All pa.'*mcnts ~b,.dl bc paid b.s PURCHASER in US funds by CERTIFIED or CASHIER'S CHECK, or CASH as follows: a 22,5(.~ shall bc paid to and in thc name of PRODUCER's agent, William Morris Agency not later than SEP 24 99 b Thc balarlc c M~all bc prod t,~ and ]ri thc l:a:nc oI ti~c PRODLCER: Ricochet, Inc f/s/o RICOCHET c Earned ;x:;~catagcs, o,, cragc~ and/or bonuses, if applicable, are to be paid to PRODUCER by CASH ONLY d In thc c~ cai thc FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or o~cra.ges, and thc actual gr~ box office receipts from the engagement exceed the gross potential as stated in Paragraph I. hcrcinabo',c, such amounts ~hMI be paid in full to PRODUCER it: CASH O,';I.'¢. ;,nm.!'liatcly ft?.!owing .ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. Dated Er,aM of Collier County Commissioners Rico~c ct, InF' tED ID# 43-1644075 % .-\(test Ricochet, ln'c.- ~' ' ' ' 1905 Broadway ~//~e~ Bx Pamc!u S M'ac'l'Ge Nashville, TN 37203 Dwight E Brock Clerk Tide: Chaim'omen 43 - 1644075 .,~d as ~o tbrli3 ofkcga! Sut'~icicncv: 949029 Agenda, I,te~. SEP i 1999 6. Whenever the term "Federation' Js used herein it shall mean the American Federation of Musicians of the United S~ates and Canada, Whenever the lerm "LOCal Union" is used herein it shall mean the Local Union ol the Fedora:ton with iurir-di;tion over the lerrilory in which the engagement covered by this contract is lo be performed. 7. No performance of lhe engagemenl shall be recorded, reproduced or transmilted from the place ct performance, in any manner or by any means whalsoever, in the absence of a specific wrilten agreement with lhe Federation relating to and permitting such recording, reproduction or transmission. . 8. It is expressly understood by the parties hereto that neither the Federation nor the Local Union are parties to this contract in capacity except as expressly provided in 7 above, and therefore, that neither the Federation nor the Local Union shall Pe liable for pedormance or breach o! any provision hereof. 9. A representative of the Local Union, or Ihe Federation, shall have access to the place of engagement covered by the contract for purposes Of communicating with the ARTIST(s) performing the engagement and the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees 1o furnish and pay for at ils own ex,oense (a) on the date and al Ihe time of the performance(s) above- mentioned all that is necessary for the proper presentation of the enterlainment presentation, including without limitation a suitable theatre, hall or auditorium, well-heated, ventilated, lighted, clean and in good order, stage curtains, properly tuned stand piano(s) and public address system in perfect working condition ~ncluding microphone(s} in number and aualily required by PRODUCER, dress;rig rooms, all necessary electricians and stage ha;'rds, all lights, lickels, house programs, all licenses (including musical performir',g rights iicenses),~, ushers, licker sellers, lickel fakers, appropriale and sufficient advertising in the principal newspapers, music royalties in connection wilh PRODUCER's use of music, and in addition, the costs of any musicians (including Contractor) other lhan those furnished by PRODUCER as part of PRODUCER's regular company, (c) all amusement taxes. (d) requires, all necessary facilities, eleclricians, stage hands and olher personnel for lightin ~ . and personnel (including but nol limited to any and all personnel, including musicians, as may be required by any national or IoCg',' union(s)) required for the proper presentation of the entertainment presentation hereunder, and any rehearsals therefor, except for lhose items and personnel which PRODUCER herein specifically agrees tofumtsh. PRODUCER shallhavelhe right fo name I~e Ioca¢ music contractor and to approve the musicians hired locally. 2. In the evenl of sickness or of acnidem fo ARTIST, or if a performance is prevented, rendered impossible or infeasible Dy any act or regulation of any pub;lc .-,uthority n' %,r~ a,-:, -"?, lumult, s',;ike, epidemic, interruption in or delay of transaodation services, war conditions or emergencies or any other similar or oissimilar cause beyond the control of PRODUCER, ;t is understood and agreed that there shall be no claim for damages by PURCHASER and PRODUCER's obligations as to such performances shai~ be deemed waived. In the event of such non-pedormance for any of lhe reasons stated in this paragraph, if ARTIST is ready, wij!ing and able to per'cfm, PURCHASER shall pay the full compensation hereunder, olherwise, the monies (ii any) advanced to PRODUCER hereunder, shall be returned on a pro-rata basis. 3. inclement weather rendering performa'~ce impossible, inleasibie or unsafe shall not be deemed a force ma;aura even: an3 payment of lhe agreed upon compensation shall be made notwithstanding If PURCHASER and PRODUCER d,sagree as to v, hether rendition of performance(s) is impossible, not feasible or unsafe because of inclement weather, PRODUCER's determination as to pefiormance shall prevail 4. fn the event PURCHASER refuses or neglects [o provide any of the liens or to perform any ct i~s coiled:ions here~n stated, and/or falls to make any of the payments as provided herein, PRODUCER shall have ~he right to refuse to per~c~rm ~h!s contract, shall retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liaole to PRODUCER lc' the agreed price herein set forth, in addition, if, on or before the date of any scheduled performance, PURCHASER has failed, neglected, or retused to perform any contract with any other performer for any other engagement, or ri the financial standing or credt of PURCHASER has been impaired or is in PRODUCER's opinion unsatislactory, PRODUCER shall have the right to demand the payment of the guaranteed compensation fodhwith. If PURCHASER fails or refuses to make such payment forthwith, PRODUCER shall have the right to cancel this engagement by notice 1o PURCHASER to that effect, and to retain any amounts theretofore paid lo PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. 5. The entedainment presentation to be furnished by PRODUCER hereunder sha![ receive bJlring jr* SUCh o'der, fcrm, s~ze and prominence as directed by PRODUCER in all advertising and pubficity issued by or under the control of PURCHASER. ARTIST's name or likeness may not be used as an endorsement or indication of use of any producl or service nor ~n connectio'~ with any corpora,'," sponsorship or tie-up, commercial t/e-up or merchandising without PRODUCER's prior wrilten consent. 6, PURCHASER shall not itself nor shall it permit others to record, broadcast, lelevise, photograph Or otherwise reproduce the ws and/or audio performances hereunder, or any pad thereof. 7. PRODUCER shall have lhe exclusive right to sari souvenir programs, ballet books, photographs, records and any and a;f types of merchandise including, bul not limited lo, adicies of clothing (i.e., T-shirts, hats, etd.), posters, stickers, etd, on the premises of the place(s) of performance wilhoul any participation in the proceeds by PURCHASER subjecl, however, fc concessionaire's requirements, if any. 8, Unless stipulated to the contrary ~q writing, PURCHASER agrees Ihat PRODUCER may canoe! the enoa..qemen~ here..nder without liability by' giving the PURCHASER notice thereof at least thirty (30} days prior to the commencement da!e cf the engagement hereunder. PRODUCER shall also have lhe righl 1o terminate lhis agreement without liability in the eve--: PURCHASER fai~s'~o sign and relum this Conlract within 10 days g. PRODUCER shall have exclusive conlro! over the production, presentation and performance o! ~he ec';ageme"t here?der as as the means and methods employed in fulfilling each obligation ct PRODUCER hereunder in all respects and ~r- all details PRODUCER shall have the sole right, as PRODUCER may see fiL to designate and change at any time t"e ~,erf3rm~ng perscn,qel other than the ARTiST(s) sbecificaJfy named ~erein 10 PURCHASER agrees (a) to comp!y promp0y with PRODUCER's directions as to slage set~:nos "__: :r}e ;~e-formar~,se re-e?cer, that no performers otho than those t~: ::'e ¢.-: ?:·¢ .. PR©DUCE~ hereunder will appear or' or m ;on~e.~hon with the engagement ~ereunder. (C) that nc stage sea~s a,e '.c bo ~o,d c: used withoul PRODUCER's prior written consenL a~'; (d) that the enter!aJnment presentation wil! not be included in a subscriphon or other type ol sar;es without the written consen', of PRODUCER ! 1. It is agreed that PRODUCER stuns this contract as an independent contractor and nol as an emDI0yee This contract sha!i no!, ]n any way be conslrued so as to create a oartnershi2, or any kind of joint undertaking or venture be!ween the padies hereto, nor make PRODUCER liable in whole or in pall for any obligation tho! may be incurred by PURCHASER in PURCHASER's caro'~n !he provisions hereof or olherw!se. 12 No*h~na,,. in th s Agreemenl shal .... require *he ~ommiss on of any act contrary o Jaw o ,o any, ' es C~ a~u phons._,, , o any u" .... r,n, gu C or s~m~arbodyhawngjunsdrc,on over the serv~ces and personnel obe furnished by PRODUCER to PURCHASER hereunder t,qere s any conflict between any provision of this Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreemenl shall be curtailed, modilied, or limited only to the extent necessary 1o eliminate such confricL PURCHASER agrees to comply with ail regulations and requirements of any union(s) that may have iudsdiction over any ol the said materials, tacilities and personnel to be furnished by PURCHASER. 13. In the event of any inconsistency between the provisions of this contract and the provisions of an,.,, riders, addenda, exhibits or any ,,~(-,other attachments hereto, the parties agree that [he provisions most favorable lo PRODUCER and ARTIST shall control. 14. PURCHASER hereby indemnifies and holds PRODUCER and ARTIST, as well as their respective agents, representatives, principals, employees, officers and directors, harmless from and againsl any loss, damage or expense, including reasonable attorney's fees, incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoing in connection with or as a result of ,,~/,,~.~any¢ claim for personal injury or property damage or otherwise' brought by or on behalf of any third paP, y person, firm or corporation ~s a result of or ~n connection w~th the engagemenl, which claim does not result from t¢,¢' active and willful negl;~ence of the ARTIST and/or PRODUCER. 15. William Morris Agency, inc. acts herein only as agenl for PRODUCER and is no' esponsible for any act of commission or omission on the part of eitherPRODUCER, ARTIST or PURCHASER· in furtherance thereof and for the bend,it of v',/iliiam Morris Agency, agreed that neither PURCHASER nor PRODUCER will name or join William Morris Agency as a party in a Out Of, in connection with, or related to any act(s) of commission or omission of PURCHASER, ARTIST or ~c 16. This contract (a) cannot be assigned or transferred without the writlen consent of Pt~iODUCER, (b) cor dins understanding of the padies hereto and (c) may not be amended, supplemented varied or discharged,j .~xceo~ ~:~'a~-~/ writing signed by both parties. The validily, construction and effect of this contract shall be governed y Tennessee, reqardless of the place of performance. T,~E ,'"E,~,SON F×F_.CUTiN...G THIS ~ . _~':, O;" SA;D ..... t- f".', '..LJ~ The [elms 'PRODUCER', 'ARTIST" and 'PURCHASER" as used ~ein shall in tude an ~]y tO the singular, the plural and ,o ali genders. ~ ~,~ RICOCHET ENGAGEMENT CONTRACT RIDER CONTACT INFORMATION Management: John DorTis/Ron Chancey Office 615/320-7714 Fax 615/320-5799 (CONTACT) Lam/McKeehan Mobile 615/B12-9670 Hallmark Direction Co. Tour Management: (CONTACT) Kevln Hulett Mobile 615/948-2419 VM/Fax 800/27~-7148 Public Relations: Jules Wortman Office 615r259-(%:335 Fax 615/2.5~;i-0250 Wortman Works Record Label: Columbia Records Office 615/742-4321 RICOCHET Federal I D No. 1143.1644075 INC Band Members: AIl band personnel are rnernbers of AFM .$7, Naahvllle Perry Heath Wright (Leader), Dwayne M. Bryant, Jeffrey P. Bryant, Teddy $1oan CarT, Gregory C. Cook, Edward J. Kilgallon [...._ This Rider ('Rider") is attached to and made a part of the Contract ("Contract") between Ricochet, Inc. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said services ("Purchaser") as defined on the face of the Contract in connection with the Artist's performance(s) at the venue(s) described therein ("Venue" or the "Engagement"). Purchaser shall provide the following for ARTIST in order to have the best possible show: :~ I. HOSPITALITY A. Thirty (30) pdme tickets per show. ~,~~ B. Parking as close as-possible to backstage entrance for 45' bus with trailer. ~t C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. ..... ., ~ D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted ~ Coke, Diet Coke and Spdte, one (1) gallon 2% milk, 1/2 gallon orange juice and eight (8) . ~,~Ah'6 bags of crushed ice delivered to bus at load-in. ;.~+ ....~.,. /~ E,--T~,vc ,~")' ccses~f Coron3, .., ,.. (1) c.3:$ of Ccc~ ,.,~,,, s,'~d o~ ~ ,~ u,.~,,,,~ ,..d ...... '" F. Lunch for fifteen (15) people at load-in. G. Dinner (incl. entree, vegetables, bread, desert & ddnks) for fifteen (15) people after · soundcheck. H. Three (3) large pizzas and four (4) bags of ice delivered to bus at end of show. " II. STAGING/PRODUCTION "~,~.cC-,~o"~ = ~::~g~. ~V'~O'~ //d/ ,~'~_../"~'/ ~~,f.~'~ )~24,? A~tighting, front and back truss, with all cables, gels, dimmers and lighting desk with operator. B. ~ follow spots with platforms, three (3) station clear com system and all cabling. C. Adequate electrical power to power all equipment including quad boxes for stage. D. Minimum stage dimensions of 30'X20'X4'. E. Power amplifiers (Crown or equivalent), cables and speakers (F. AW KF850 or equivalent, .... preferably flown) adequate to deliver equal and undistorted sound to entire audience, com- ,-~ ~--plete with drive rack~hannel snake, returns and CD player. ~::.:_.'?-~.;~ }.[,~L F. F~.gJ~'~tOT"~annel m~'~'ng~c'~5~ole (Yamaha PM3000 or equivalent). ~["~ G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down ~.-; ~.~~ ~/,-- ~-~ equipment and load truck after show. .... ~, i~. ~ople dudng show to operate spotlights and do set changes. [~..~?,,~.~ ~.~ c;, I. If Outdoor Show, stage top and sufficient visqueen to thoroughly cover all equipment in ~'~ ' ¢J¢0 eventof rain. III. MERCHANDISING. Four (4) eight foot (8') tables, six (6) chairs, AC outlet an.il a mutually agreej~u.~-[j~j~ · ~"' merchandise.(OVER).... ,~ 1905 E~roadwc~g · Nashvitte. Tennessee 37203 · 615-320-7714 · 615-320-5799 Fax Furthermore, Purchaser agrees to the fo/lowing in order for Artist to have the best possible show: IV. MERCHANDISING RIGHTS. Artist and/or Artist's Representative shall have the sole and exclusive right, through not the " obligation, to sell Artist's Licensed Products. Purchaser further agrees and warrants that there shall be no sale or other distribution of recordings and/or other souvenir materials/products other than by Artist and/or Artist's Representative immediately preceding, during and/or immediately after the Performance without the prior written consent of Producer/Artist. Producer shall retain 100% of the proceeds fr/om such sales, unless otherwise agreed. ~ ~ V, SECURITY. Purchaser is solely responsible for providing security in connection with the Engagement, including, without limitation, the protection of Artist, Artist's employees and agents, equipment, instruments and patrons. To this end, Purchaser shall provide and pay for a minimum of five (5) secudty people from 1/2 hour before through 1/2 hour after the performance. ' All forms of sponsorship, weither part df an on-going series or specifically for Artists show, must be authorized by Producer. This includes the designation of any radio station as a "presenter" or "welcoming station" which MUST BE APPROVED IN WRITING BY PRODUCER well in advance of the date of the engagement. Purchaser shall secure a valid insurance policy in effect for each Venue throughout each Engagement (including load.in & load out) and in relation to all rehearsal facir~ties, to cover Purchaser's and public liabirity, worker's compensation, third party claims and any other appropriate coverage to a limit not less than ONE MILLION DOLLARS (US $ 1,000,000.00) and unlimited in the aggregate. Purchaser shall name Producer, Artist and their respective employees and agents as additional insured on said policy. Proof of such policy shall be ;'umished to Artist's Manager, upon demand, pdor to each engagement. Purchaser further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Artist and/or Artist's employees, contractors and agents, against fire, vandalizing, theft, dot or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided, copies of such must be presented to Producer/Artist upon request. VIII, TAXES, Purchaser shall pay, at it's sole expense, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to Producer/Artist shall be free of same. The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer/Artist for Engagements performed within the United States (unless otherwise stated on the face of the Contract) but shall app{y to " all forms of taxes including, without limitation, any business occupancy tax or any value added tax (VAT). IX. CHOICE OF LAW/FORUM. In the event of any default, dispute or breach of this Agreement requiring court action, the Parties hereto consent to venue in Davidson County, Tennessee, in any such action. Furthermore, the prevailing Party shale be entitled to recover reasonable attorney's fees, expenses and court cost. PURCHASER DATE P Talent and Literary Agency 2100 West End Avenue, Suile 1000, Nashville, Tennessee 37203 Telephone 615-963-3000 Facsimile 615-963-3090 RIDER A'I'FAC}tED ItERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 THIS CONTRACT for the personal services of the musicians on the engagemenl described below is made AUG 30 99, between COLLIER COUNTY PARKS & RECREATION/Peg Ruby (hereinafter referred to as "PURCHASER") and RICOCHET (hereinafter referred to as "ARTIST') whose services are furnished by Ricochet, Inc, (heminafler referred to as "PRODUCER") It is mutually agreed between the parties upon all the terms and conditions herein set forth, including those on the reverse side hereof entitled "Additional Terms and Conditions," as follows: 1, Place of Engagement: Vineyard Community Park 6231 Arbor Blvd Naples, FL Scaling: 0 @ $ 0.00 Capacity: 0 Gross Potential: $0 Tax: 0 00000 Net Potential: $0 (Not to exceed) OUTDOOR SHOW; RAIN OR SHINE Free 2. DATE(S) OF ENGAGEMENT: Fri SEP 24 99 - Opener Ricochet a. Number of Shows: I b. Time of Show(s): 8:00 PM c. Lenglh of Each Show: 75-90 minules 3. B1LLING: (lo all forms of advertising) Artist shall receive 100% Sole Headline Billing 4 FULL PRICE AGREED UPON: S 5,000 (Five Thousand) FLAT GUARANTEE Purchaser Io provide ,'md pay for sound, lights, 5 (FIVE) double rooms and 2 (TWO) single rooms in a first class hotel as required by Artists, Purchaser shall provide and pa.'.' for all terms and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval Merchandising Rate(nog) 10007c Artist Sells 5 All payments shall be paid by PURCHASER in US funds by CERTIFIED or CASttlER'S CHECK, or a. $2,500 shall be paid to and in the name of PRODUCER's agent, William Morris Agency not inlet than SEP 24 99 b. The balance in thc amount of $2,500 shall be paid to and in the name of the PRODUCER: Ricochet, Inc. f/s/o RICOCHET not later than immediately prior to the first performance. c. Earned percentages, overages and/or bonuses, il' applicable, arc to be paid to PRODUCER by CAStl ONLY immediately following the last show. d. In the event the FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actual gross box office receipts from the engagement exceed the gross potential as stated in Paragraph l hereinabove, such amounts shall be paid in full Io PRODUCER in CASH ONLY, immediately following the last performance. ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE· IN WITNESS WHEREOF, the pard,:~ hereto havz IJercnnto set their names and seals on the day and year firsl above wrincn. Rico~et./c I~FED ID# 43-1644075 Collier CounW. Floridu - ' Rico~t,~nc, ' ) Altos t: 1~5 Broadway Nashville, TN 37203 By: Pamela S. Mac'~e Dwight E. Broc~ Clerk Ti~e: Chai~vomen 43-1644075 949029 Approv~ns to tb~ of Le~l Sufficiency. 5 Wnene;,e' the term "Federation" is used herein il shall mean the American Federalion o~ /',"usJoians cf the Ur'ted S',ates a~i,~ Canada W',benever the term "Local Union' is used herein il shall mean the Local Union of t,he Federation wi~n juristiC: on over ~he erri[c~' in w,hiCh lhe e",gagemenl covered by [his contract is to be pedormed. 7 NO performance o¢ the engagement shall be recorded, reproduced or transmilled Prom the place ti per!ormance, rn any maT',er cr by any' means whatsoever, in the absence of a specilic writler~ agreemen[ wi~h tl~e Federation relating lo and oerm¢!!ing such recorc;~g, rep'oductiOn or transmission 5. l'.~sexpresslyun~erstood b7 ~ne Dad[es hereto that nedher ~he Federa~[on nor lhe Local Unio~ are ~a':,es :3 :~;s :c~::acr , capac[~y excepl as express~7 ¢ro'adea in 7 above, and lherefore, lha~ ne[Iher the Federation nOr t~e Local Upc" shah :e pehormance or breac,h of any provdsion he,eof 9 A rep~esenlal~ve of the Local Union, Or l~e Fece'alion shah have access to lhe place Of encacemem ccvere¢ :) :'e pu~pcsesofcommumcahngw;t~l~eARTIST(s)perfcrminglhe engagement and IRe UnCHASte. ADDiTiONAL TERMS M~D CONDITIONS: I. PURCHASE~ agrees Io turn:un and Pay for at ils own expense (a) on Ihe date and a', l~e hme :' :"e ;e~;'rrance s; above- menhor, eC ¢',: :ha; ;s necessary for lbo 2roper presentation o[Ihe entedarnmen', presema~;on i~:,u:r,j .',:~CC ,,m,la::~ a 2uShC as;repS sys em ,a 2erfec working condihcn rncludin¢ microphone(s~ i~ numPer and qca!i',v re:~,,'e: 3. PR,~DU'CER rooms a¢iresessaq,'eectr;C,ans ant s',ageha,'rds, a," Ii~h:s, ticke!s, house prodrams, all hcenses' ,' y: ut r? -;usisa; ;er'trm'n; l~.~r~oenscs;.~:¢<7~ s's'*ers [cke[ sellers, ticket taK¢r5, appropriate and sufficiem aCveEisa~ ~ :"e p,'qcJca qe',*s;ape's {5, at: :~ :-:~e 'u'-,s~ec 3~ PRODCCE~ as par: of PRODUCER's regular company, (cj all amusement :a~es, ¢~, f PRODUCER so m35~ :L, m5 :u:~ 2e%dn~el ,.,~CV PRODUCER he,ei~ speci~Jc¢lJy agdees ~o furmsb PRODUCER shai~ ~ave me ngh: ',C ~ame 2 !¢ :%e 8 .o;; C'¢ S 3Kn¢s5 Dr 0¢ 3:3~C8~: tO ARTIST, or ~f a performs~ce is prevemed. ¢endered ~mpossible or i¢ieasib¢e 3y a~y' 8c: cr re~u,3; 3- 3: ariy pubhC du:2Or::y or budesu, c~vJf :umurL s~n~e, epidemic, interru¢~foR i2 or delay of Ira~sporta:ioR se~wces, war :c2;,;,32s c¢ e~',er~enoes or 8~y c:her ¢ m~l~r or d~ssJmilar cause beyodd the Oo~lroI Of PRODUCER, J[ is understood a~d a~ree¢ :~,e:e sba,: oe ~o c~8~m for damages by PURCHASER and PRODUCER's obligations as to suc~ performances sha~ be deemed waived :~ :he e,.,em of such nO~,performa~ce for a~y ol I~e reasons stated i~ this paragraph, if ARTtST is ready, wiifin¢ ant able ~o perfcrm, Pb~C~%~s~a:r~a~'~o¢~ compe~sa:~onhereu~der, 0merwise, fhemcmes(if a~y) advance~ to P~ODUCER hereu~Cer, shsll 3 ~c;~emem weather reqde¢lR¢ performance ~mposs~b'e, infeasible o¢ unsafe 5hail no= be teemed a rOtC8 majeure even: an~ ¢aymem of t~e agreed upcn compe~sa'Jo~ s~all De made ~otwi~hstand~n9 If PURCHASER and PRODUCER d~sa~ree as to ~'.hether of perfcr,m8~ce(s} is im~oss ~re. ~ot feasible or unsafe because ol mdemem wealheL PRODUCER's de:erin mafio~ as :c 2er~crma~ce sha[; prev8:l 4. ~ :he evenl PURCHASER re~uses c' ne~:ects lc 2rcvide any of the ilems or Io perform any of its ObJiqagoRs herei,~ s',a:ed, an~'cr fails ~o make any of the payme¢~s as p~ov*ded herein, PRODUCER shall have the ridht Io refuse ~o perform this contra:: any amounts ~hereto¢cre 2a~c :c PPODUCER by PURCHASER, and PURCHASER shall rema~,q iiaue t3 PRODUCER ts' 2r, ne rerem set fcrt~. I¢ add:bce 0, cn o' be¢ore :he dale of any scheduled pe~mmance, PURCHASER ~as 'abet ,'e%sed t3 ;erio¢m any ccr,:r~c: w~:h ¢?,, o',her Pe~ormer lot any other engagemem, or rf Ihe hnancal s:anc~n~ PURCHASE~ ~;as been impa rec or ~s :,G PRODUCER's op}nion unsatislac~o~, PRODUCER sha~: ha'.e t~e r,?h: :: cemanC the ;azme~', of t',e ;uara~:eeC csmse";sa::cn fcrt~'.vi:~ [f PURCHASER f8il5 or re~uses to make sucq pa')mea: :9~m.,? ~qCDUCER sxa:r ,have ~xe ri~r,t :o carte :~ s eacaces:en~ by notice ~o PURCHASER ~c, ~a: effec', aq~ lo rera 2 any a,ms¢dts :he,e:c~o-e 2a;¢ '.o $~S'CL.',SER sy PU'RCH~SEsx ?c ¢L'CSCHASER s,~a'~ remain ;able ~o PRODJCER ~s,' t~e asreeC ?rte ne'e '~ set E PURCHA~Eq s~,a,! nc: ::se;' ~cr san/ il perm': 9:xers tO record, brcadcasl televise, ¢,hO',¢~rn~h C¢ c:'o',', se rs:~cz_'ce :.ne v 7 FFSCJCEF~ pya ' na~e tre exc~usv.'e ngst to sex soured, ir programs, ba;~et books, photo¢ra~hs -eccrds aFC ~sy a:',S me,c-amc,se -,s~sc -}, but rD: hmr[eC IQ ar:isles c~ C 2lh~n¢ (i e., T-S,hidS, hals etc), posters, stickers, ers , on ',ne premises of ~he' 5 ~ ess s's¢3:es:c :neso,-:,'a-, rn ,,.r,::n~ PJR,S,aASER ag'eeslha: P~ODUCER may camce! tree e"?a$e~em: 2eres,~ce' w'thoul ;as t,. ;)' $,.;¢,$ :ne PLi~SdA~a Pti:ce :herect at Jeast thiay (3C) days snot ',o t,he commer,semen: tale c~ :me e¢,gane,menl -etc,-se' ~aODuSEa s~a:: a,sc ~a,.e :'e ';,% ',s term,mate [h,s agreemen', witnos', liabihty m ',he eve~: PIJRCHASER ta, s as :-e means anc met,"*~s e.ms,?e,c ;-, :;?;~h¢~ each ODli~s',,S,'~ 6,¢ PRODUCER hereunder in all respects and in all de~ails. ~FZE:JDER s'a ra',athe sc~e rBr~. as PRODUuER may see i lodesi~na eandchangea any~,met,hepe?c:mm2 :.ersonse: t S ;L'RCdRSER asrees a. :c ccm:':,, 2,'omp:l'/wi~,h PRODUCER's d;rechons as lc s~age se:s~Ss 'c' the 2erformasce h,,ereu'ncer, t-at ¢: ~e'fc'mo¢5 3:~er ',xa~ t':cse :o be rum,shes by PRODUCER ~ereusder will apnear on 8~ ,n connec',,on with the es~a~emen: ~ereu~ce', ',3; :nat ?,c s',a? seats are ts se sols or used w¢,~cul PRODUCER's prior wril',en consent, an: [d; thal :ne e¢,teda~nmenl :'esen:a: cc v?i 73: be inciusec in a subsc' pt,on or o~ne,' Iype cf penes wi',mtut the written consent ct PRO, UlCER ' ' ?t s a~ree~ ~al PRODUCE~ s~jns lh~s Coalracl as an independent conlractor a,qC not as an empicyee Th~S comrac: shah ~y wSy de cons[r~e~ SO as ~o crea~e a paqnershi~ Or any k~,nd o~ jo~nl ~ndertakin~ or venlure between '.~e ~a~es hereto, not m~ke P~,C~m lia~,'e ~n v, ho~e or ~ ~a~ fo' ~'7 ob:igahen ',~a', may be ~ncurre~ by PURCHASE~ m PUrCHASEr's car~':n~ out any ',h5 ~rcv~s :~s hereo~ 3~ 12 t~c'Jq~n~ ?~ ~h~s A~reemenl s:~,a',l recu~re ;Fe cc.f~,3~sS,o,~ of a~ ~c~ co~tt~r~ to [~w o~ to ~7 ru~es or re~la',ions o~ any un;ch s~milar bocy n~ving ~unsdichOn cve~ ~ne se,'v~ces and personnel ~o be furnished by PRODUCE~ ~o PU~CHASE~ hereunder any co,~t,~c~ De','~een a~,y ~c~,.s 2n Cf ~hs ~reemen', and ~n'y law. rule or reg~atJon, such ~aw, rule or ~e~ul~hcn shall ~eva ~ ~nd :q,F A~,ee'nEn; sha~ be :ur',a ;ed. m:d~f ed, ~,' h~d',ed only ',o fhe extent necessary I0 el~minale suc~' confi::l PURCHASER ~Drees com~/ ~a:h a~ re~:M', Ohs ~c re~,reme~ c~ aqy unica{s) lbat may ~ve lur~sdi::~on ore' any of ',~e S~ materials, ~erScnnet~c be L;~nsne~ 3~ c',ner a::a:hmem¢ neretc the ~a-:,as a~ree :qa' ~,qe ~,'ovis~ons most favorable ~o PRODUCER and A~T~ST s-atl ~14 PL~CHASER ~erebv :rces:¢.hes ams Y, diz5 PRODUCE~ amd ARTIST, as v,e:~ as lhe)r res~echve a~er:¢ rezresen~at;ves fees, inc~.-e~ ,:, ss'E-re; s', Sr :~,ree:ec, e3 a~a ,qst PRODUCER or ART[ST or any of the foregoing iq connect;3-, v,q'-, sr as 8 ady calm ¢c' ~e,'ssna; ;,qhm~' Gr ¢,'0Dedy Carnage Or ctherwise brought by or On behalf of any :~Jrd Davy person, rrm Or co'potation as a 'es Jr o' ~' ,~ ::-~e:',on w~:h ~¢'e eq.~a~emenL w~lch claim does no~ resul~ fro~ ~e ach~e and wOfu~ negligence 3¢ :he ARTIST P~CDUCER :5 7.' :tm,'.~c",sAsency, lr, c ac:shere~ponl¥'asagenllorPRODUCE~andisnotresponsibeiora~~ss~n ~n :2:~e~c~e,~e,~RODUCER. A~T,STcrdURCHASER In furt,herance lhereof and ~or the bene~ c~ WiX~~'. ~ acreec :nat nei'.?e- PURCHASER qor PRC'DUCER witt name or join Wittiam Morns Agency as a 2art,,,~ any c~c:io~ ~¢~ c~tc~ 'n cosoec'Js¢ ,pt-, or re~a:edtsa~,,act(s) o somm%s~onoromissio~ofPURCHAS_R, ART~fT~rP~O~U~:~: - ~-c~}'s:sncnc cf :~e paces heret~ a~d ~c', may nc', ~ amended, suppiemeale~, vaded cr ~scnarg~c e~,,~q ~s~ ,,,,,~c~ ~;~q~.x ~ bo,,,~ ~aq,es ~q6 ','~iJo,tv ccnstr, ~:mn and effect of lh~s contrac~ shall be ~~e ',a,,~f T~S~Cssce, re~'C'essof :~e :;ace ct pe~rma~:e ~ PERS~ EYE--HiS ~Um :, z ~ ~ ~/~' '¢' 'Er,CT C¢ ~ ', ~s]~¢~ %~'PRODUCER", 'ARTfST' and 'PURCHASe: dd~r,d to :,he s;-~u,~a:, ',he ¢'ura' and :c a' gdders RICOCHET ENGAGEMENT CONTRACT RIDER CONTACT INFORMATION agernent John Dorris/Ron Chancey Offce 615/320-7714 Fax 615/3Z)-5799 {CONTACT) Lan'v M..cKeehan Mobile 6~ 5/8124)670 H allma,'l( D,rection Tour Management: {CONTACT) Kevln Hulett Mobile 615/g48-2419 VM/Fax 8CX3/276-7148 Public Relations: .Jules Wortman Office 615/259-0035 Fax 61~250 Wortman Works Record Label: Columbia Records Office 615,r742-4321 RICOCHET Federal I D No. IM3-164.4075 INC Band Members: AIl band personnel are members of AFM ~67, NaIhvllle Perry Heath Wright (Leader), Dwayne M. Bryant, Jeffrey P. Bryant, Teddy Sloan Carr, Gregocy C. Cook, Edward J. Kilgallon . ~"Z%... This Rider ("Rider") is attached to and made a part of the Contract ("Contract") between Ricochet, Inc. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said services ("Purchaser") as defined on the face of the Contract in connection with the Artist's performance(s) at the venue(s) described therein ("Venue" or the "Engagement"). L! Purchaser shall provide the following for ARTIST in order to have the best possible show: · : i. HOSPITALITY A. Thirty (30) pdme tickets per show. ~~ B. Parking as dose as possible to backstage entrance for 45' bus with trailer. ~i C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted '"'"~':~':"~"'~"~ Coke, Diet Coke and Spdte, one (1) gallon 2% milk, 1/2 gallon orange juice and eight (8) /.. bags of crushed ice delivered to i.)u.~ at load-in. Li ~ E.~T-we-(2) cases cf Ccrcnc, one (!) c~_se ef Ccc~ L~c_j,% ,,,~d u,,~ (i) botl. le r~d wine al~ F. Lunch for fifteen (15) people at load-in. G. Dinner (ind. entree, vegetables, bread, desert & drinks) for fifteen (15) people after soundcheck. C H. Three (3) large pizzas and four (4) bags of ice delivered to bus at enid of show. II. STAGING/PRODUCTION = ~ ~V'~"A/C---Z~ Z,W¢' ~'~'~7' ~--z~..~?~,~-. ~l~ghting, front and back truss, with all cables, gels, dimmers and lighting desk wit~ ~':'~? J4/w~ operator. iii / '~'/~0 B~.~-~x~-z~f'olrow spots with platforms, three (3) station clear com system and all cabling. ¢;~/-~ C. Adequate electrical power to power all equipment including quad boxes for stage. D. Minimum stage dimensions of 30'X20'X4'. E. Power amplifiers (Crown or equivalent), cables and speakers (EAW KF850 or equivalent, ~ preferably flown) adequate to deliver equal and undistorted sound to entire audience, com- , ~.. ~ plete with drive rack~annel snake, retums and CD player. ~~ \,f,.~2;-, F.~nnel mixing cCir~dle (Yamaha PM3000 or equivalent). 1 v'~/'~r-) G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down :~ "'~ ~, equipment and load truck a~er show. ' · ; ;;.' ~~ple dudng show to operate spotlights and do set changes. ~i~ I. If Outdoor Show, stage top and sufficient visqueen to thoroughly cover all equipment in =~'~ . event of rain. i11.MERCHANDISING. Four (4) eight foot (8'~ tables, six (6) chairs, AC outlet and a mutually agreeable location to sell ...-.... merchandise. SEP 1905 Broadwog · Nashvitte, Tennessee 37203 · 615'320'7714 ' Furthermore, Purchaser agrees to the following in order for Artist to have the best possible show: IV. MERCHANDISING RIGHTS, Artist and/or Artist's Representative shall have the sole and exclusive right, through not the - obligation, to sell Artist's Licensed Pi'od',cts. Pur.r,h~ser further agrees and warrants that there shall be no sale or other distribution of recordings and/or other souvenir materials/products other than by Artist and/or Artist's Representative immediately preceding, dudng and/or immediately after the Performance without the prior wdtten consent of Producer/Artist. Producer shall retain 100% of the proceeds from such sales, unless otherwise agreed. V. SECURITY. Purchaser is solely responsible for providing securffy in connection with the Engagement, including, without limitation, the protection of Artist, Artist's employees and agents, equipment, instruments and patrons. To this end, Purchaser shall provide and pay for a minimum of five ('5) security people from 1/2 hour before through 1/2 hour after the performance. VI. SPONSORSHIP. ~ All forms of sponsorship, weither part of an on-going series or specifically for Artists show, must be authorized by Producer. This includes the designation of any radio station as a "presenter" or "welcoming station" which MUST BE APPROVED IN WRITING BY PRODUCER well in advance of the date of the engagement. - /.,)VII. INSURANCE = ~'cpz~-~',~ ~---,,tJ~. /2~-r-.~h,~4:~ (~~~' Purchaser shall secure a valid insurance policy in effect for each Venue throughout each Engagement (including load-in & load out) and in relation to all rehearsal facilities, to cover Purchaser's and public liability, worker's compensation, third party claims and any other appropriate coverage to a limit not less than ONE MILLION DOLLARS (US $ 1,000,000.00) and unlimited in the aggregate. Purchaser shall name Producer, Artist and their respective employees and agents as additional insured on said policy. Proof of such policy shall be furnished to Artist's Manager, upon demand, pdor to each engagement. Purchaser fudher agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Artist and/or A~ist's empioyees, contracto~ and agents, against fire, vandalizing, theft, dot or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided, copies of such must be presented to Producer/Adist upon request. VIii. TAXES. Purchaser shall pay, at it's sole expense, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to Producer/Artist shall be free of same. The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer/Artist for Engagements performed within the United States (unless otherwise stated on the face of the Contract) but shall apply to " all forms of taxes including, without limitation, any business occupancy tax or any value added tax (VAT). IX. CHOICE OF LAW/FORUM. In the event of any default, dispute or breach of this Agreement requiring court action, the Parties hereto consent to venue in Davidson County, Tennessee, in any such action. Furthermore, the prevailing Party shall be entitled to recover reasonable attorney's fees, expenses and court cost. PURCHASER DATE PROI~'UCER t SEP 1 1999 Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 ......... Telephone 615-963-3000 Facsimile 615-963-3090 RIDER ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made AUG 30 99, between COLLIER COUNTY PARKS & RECREATION/Peg Ruby (hereinafter referred to as "PURCHASER") and RICOCHET (hereinafter referred to as "ARTIST") whose services are furnished by Ricochet, Inc, (hereinafter referred to as "PRODUCER"). It is mutually agreed between the parties upon all lhe terms and conditions herein set forth, including those on the reverse side hereof entitled "Additional Terms and Conditions," as follows: 1 Place of Engagmaem v'i,*cyard Cu~,munil.'. Park 6231 Arbor Blvd. Naples, FL Scaling: 0 ~ $ 0.00 Capacity: 0 Gross Potential: $0 Tax: 0.00000 Net Potential: $0 (Not to exceed) OUTDOOR SHOW; RAIN OR SHINE Free show 2. DATE(S) OF ENGAGEMENT: Fri SEP 24 99 - Opener TEA Ricochet a. Number of Shows: 1 b. Time of Show(s): g:00 PM c. Length of Each Show: 75-90 minutes 3 BILLING: (In all forms of adverlising) Arlist shall receive 100% Sole Headline Billing 4. FULL PRICE AGREED UPON: $ 5,000 (Five Thousand) FLAT GUARANTEE Purchaser to provide and pay for sound, lights, 5 (FIVE) double rooms and 2 (TWO) single rmm~s in a first class hotel as required by Arlists. Purchaser shall provide and pay for all lerms and condilions comained in Artist rider altached bcrctl> All Accommodation and Travel arrangements are subject to PRODUCER's prior approval Merchandising Rate(nog) 100% Anisl Sells 5. All payments shall be paid by PURCHASER in US funds by CERTIFIED or CASHIER'S CHECK. or CASH as foEows: a. $2,500 shall be paid to and in the name of PRODUCER's agent. William Moms Agency nul later than SEP 24 99 b. The balance in the amount of 52,500 shall be paid to and in the name of the PRODUCER: Ricochet, Inc. f/s/o RICOCHET c Earned percentages, overages and/or bonuses, if applicable, are Io be paid lo PRODUCER by CASH ONLY immedialely following the last show. d. In the event the FULL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actual gross box office receipts from the engagement exceed the gross polemial as stated in Paragraph I hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following the last performance, ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN WITNESS WHEREOF, the parlics hereto have hercunlo set their names and seals on the day and year firsl above wriuen. Rico~et, l~tt ,~ FED ID# 4%1644075 //~ Dated: Board of Collier CounU,' Commissioners by: ~,~K ~ /& Collier Count', Florida ~8 . Attest: Ricochel, Inc. 1905 Broadway ~ By: Pamela S. Mac'Kie Nashville, TN 37203 Dwight E, Brock, Clerk Title: Chairwomen 43-1644075 949029 Approved as to tbrm of Legal Sufficiencv: ~ ,.,., -~ ..... Agend I e I StP I h 1999 6 '¢,,'~,enever the term "Federal;on" Js used herein it shall mean ;he America;: Fe,.:~,'atJon o¢ :,'?5ioians ,ct !he United Slates and Canada. Whenever lhe teem "Local Union" is used herein il shall mean Ihe Loc. a~ Un,on oi ~he Federation ~t~ jurisdiction over the terrilc? ;n wh,ch the engagemenl covered Py Ih;s contract }s [o be pedormed. 7. No performance of lne e~ga2emenl shall be recorded, reproduced or transmitted from the place ol performance, in any manner or Dy an), m88q5 wh~scever, ~n the abse~,ce cf a specific wntten agreement with the Federation relating to and permMing suc~ recording, 8. I~ ~s express~, ~ders~3oc b~' ~nu Da~es here;o tha~ neither the Feder¢lion nor the Loc~! URJO~ are parties to this comlrac~ in amy cepacol:, exca:; ~s ex::as;r,, 2lc.Moo ;r, 7 abo',e an~ :rerefore that n6ither ~he Federaho~ not the Loca~ Union shall be liable for lhe 9. A repcesema~ .e ;f t,"o LD08 ~,q)32, 3' ~qe Federation, shal; ~ave access to l~e p~ace of en~a~er~enf covered by the contract pur¢cses of comm~,n:czt~; ,.,,tn tr, e ARTiET(s: performing the engagement a~d the PURCHASER 1. PURCHASER a;r~es t3 turf s~ and ~ay for a~ its own expense (a) on the date and at lne bme of the pedormance(s) above- mentioned 8, '.:,at ,s necesssr)' for ~he ~rcper presentation of the ente~ainmenl presentation, JRoJud~n~ wil~Ou[ IJmilation a suilable ~heatre, h~, 3r auc,tor urn, we,'l-hea[ed, ventilated, ]~¢~ted, clean and in good order, stage ¢udains, properly tuned grand piano(s) and pus:~c ac=ress system ~n ~erfe:t ~orkin~ COne;lion cncluding microphone(s) in number and qualily required by PRODUCER, ,~ r~ms, a~; r, esess~r',' e;ectr~oJars an0 stage hazes, ail lights, tickets house programs alt licenses (including musical pedorming rights licenses:: ...... : '- =sners, ticket se,lers, ticket la~ers, appropdale and sufficient advedising in the principal newspapers, (b) ¢/~Cmusisrs);',,es * =.-,,,e::;:,~; w:r: PFODUCER's use of music, and in addition, the cosls of any musicians (including Conlraotor) olher th~n mcse *crr',,sme: :, PRODDER as pall of PRODUCER's regular company (c) all amusemenl laxes (d) if PRODUCER so requires, ~,, ne:e2s.~ i~c,:,: es, e~ectricians, stage hands and other personnel Icl lighting ~dr~ ~oh~t¢2~;, and e) all other amd personne ,": .:,"; :u', ncl hm~ted to any and al; ~rsonnel, including music;ans, as may be required by any national or t~sse~[ems 8r:3;(-,so'r;et v,¢cn PRODUCER nere~n specifically agrees lo furnish. PROOUOERshat~havethe right to n~me lhe I~al 2. ;¢, :~,6- =~,u:': 3; S OKieS5 C, 5¢ ~3c;dent :3 ARTIST, Or if a pedormance is prevemed, rendered JmpossJbJ8 or infeasible by any act or ra~u;a:,o,n ;' an~ :~:';3 &~:¢,c':y or ~u'e~u, ct,',' tumuli, slrike, epidemic, Cnterruption in or delay of ~ransporlation sewices, war scns~:,5¢,s 2, emer:e¢: es gr Ac. ::"er s,m;lar or dissimilar cause ~eyond the con,roi of PRODUCER, il is understood and agreed thai there s2¢;) :e :~;m ~o,' Cama~es :~ PJRCHASER and PRODUCER's obligal~ons as lo such performances shall be deemed waived, ',~ the even: o; su~r, r;cn-~e?ormance ior an> of :he reasons stated ~n this paragraph, if ARTIST is ready, willing and able to peRorm, P~RCHASEF, shah Pa)' tr, e f.;: gg, mpeFsgt~On hereunder, otherwise, the monies (if any) advanced to PRODUCER hereunder, sha~l be 3. i,qccemerd '~ealber tender,n2 :erlcrma~ce impossible, inteasible or unsafe shall not be deemed a lorce majeure evenl and payment of Ine agreed upon son,peRson:gq s~ai: be made no~wilhstanding, Il PURCHASER and PRODUCER disagree as to whelher rendition of ~rfarma~,ce,',s,' ,s ;mposs)D',e, no easi~,e cr unsa e because of inc emenl wealher, PRODUCER's delermination as to ~flormance s~a;, prevail 4. In the event PURCHASER refuses or ne~;ects to provide any of the items or lo pedorm any of ils obligations herein ,stated, an¢or lails to make 8~>' cf tne payments as ~rovJced here ~, PRODUCER s~all have the rJg~ I0 refuse to perlorm this contract, shall re~ain any amounts !,nero:diCta paid to PRODUCER Dy PURCHASER, an~ PURCHASER shall remain liable to PRODUCER for the agreed price here~n set forth, in add;~;o,~, if, on or before l~e date of any ~chedu;ed pedormans~ PUPCr'ASER ;,L* fa~led, neglected, or refused to perform anv cont,-ast w)th ar:y o~her pedormer for any other engagemenl, Or if the financial sla~ding or credJl of PURCHASER h~s bee'~ ~,mpa~rec cr is in PRODUCER'S opinion unsafisfactow, PRODUCER shall have the righl to demand the paymen~ of tr~e guaranteed compensation foRhw~;h. If PURCHASER la)is or fetuses I0 make such paymenl fodhwilh, PRODUCER shall r,a¢e lne r~gn', to canoe; ~is er, qa2emen: by not,ce ~o PURCHASER to that effect, and ~o retain any amounts theretolore paid to PRODUCE~ :,¢ P~:RC~:ASER a-,~ CU~CdASE'R she I remain las e to PRODUCER for the agreed price herein se~ tomb. 5. Tr, e e.~:e-:a,¢,,%e~-,: 2rese~tahCr' t0 :e f¢,'n:sne¢ Dy PRODUCER ~ereunder shalJ receive b~l~ing iR such order, form, s*ze and ~rom~engoas :'~e::ec :) PF, SDUSER ,n~iac,.er::s,n~a~dcub~c~:yissuedbyorunderthecontroiolPURCHASER. ARTIST's name 7. PR2C .-5.:..-~: F=,~ -c~-~:¢} .e r~n: to scl; squ','er:~r 2rogrgms, Oaflel Docks, photographs, records and any and a~l lypes of 8 Jn,ess~ :.L ~-::- '~ ;- :: -"?.' · /.',irZ, PURCHASE~ agreestnat PRODUCER may cancel ~he engagement hereunder withoul hereunce' :'~CZ .:~E,~ 5~&::~ 5: ra~e :%e r~: [: ~erm~nate I~Js agreement without I;aDJhty in the event PURCHASER fails Io sign 9, PRO,:'.. ~ Eq s¢5, n~.6 e(: J3 '.e ccntr:i ~ .e' ~ne proOucl~on, presentation and pedormance of the engagement hereunder as as th, e m~: s bn: 'r,o:r;o:s ert, 2,oyed :~ f;tii~,m~ each obi~gation of PRODUCER ~ereunder in all respects and in all delails. PRODUCE~ sn, a: ha.'e the so~e r~r;t, 8s PRODUCER may see fit, Io designate and change at any lime the performing ~rsonnet other 13 PURChFSEF &;,'ees a':c 3om:fi) ~r~m;:zy'~hh PRODUCER's directionsaslo stage seldngs for the performance hereunder, tna~ no pert:rmers :~r, er :nar~ :nose :9 be furnished Dy PRODUCER hereunder will appear on or ~n conneclJon with the engagement nereunce', ,::, :~3: nc s:age seats ~re ~o be sold or used without PRODUCER's prior written consent, and (d) that the entedaJnmenl prese;,:a:~o,n ¢,r:; nor be ',;~c~u:e= ;n a s'~scr;pficn o,' c:he: l)pe of series without the wrCtten consent of PRODUCER. 11.1', ts agreec tnzt PRODUCER s,~cstms contract as an ~noependent contractor and not as an employee. This 60ntracl shall not, in any w,a> ua ;ohs:rued so as tc :reore a par;nersn;D, or any kind of joint undertaking or venlure between the padies hereto, nor make PRODUCER, aole ,n wno;e Or ~n pa~ for a~)' aD~iDalio¢ thai may be incurred by PURCHASER in PURCHASER's car~ing out any of s~mt;ar body nav.-~ ,~r~5ci: ,Cr~ 2 8' ~e serv des and personnel Io be lurnished by PRODUCER to PURCHASER hereunder, If there is any conf,ist 2, elv, ee2 any ~r~. :,3n ct :%;5 Agreement and a,ny law, rule or regulation, sush Jaw, rule or regulation shall prevail and this Agreement sha~. :e :J':5,e:, mb: ¢;e3, cr ~mcte= onJy to the extenl necessary to e~imJnate such conflicl. PURCHASER agrees to comp'y w,;~ a,f reD,:at o¢~ ~nc reo~Jremenrs of any u~i2¢(s) lhat may have ~urisdiction over any of the said malerials, facilities and pers:,r, ne, :o De f_'~ ?,ec :.' 0~her at:~:~,me~:s r e,'etc, :¢,e ;2~,~; a~ree :",a~ l~e proves;oRs mos~ favorable 1o PRODUCER and ARTIST shall control 4. PURCdFSE~ :e~e:F nss:*q;!bs an: pD,cs PRODUCER a~d ARTIST as we:~ as their respective agenls representatves, srinci;8:s e~; oz'6. eo. C~',38rs ~,D ?reS:Ors. harmless from and against any loss, damage or expense nc ud ng reasonable a orney's fees, ~s~'r~: :r ~;!:e'e: :, :,' three:er, e: s;~,~st PRODUCER or ART ST or any of the foregoing in ~onnection wth or 8s a result of any 2Js',m for 2e,'5:"&; ,F,~, 3' ;'~ ;eC'.' :~m3~e cr ot,,erwise brough by or on beha f of any third pa~y person, firm or corpor~tio~ as 8 resu~ of c' ~ oc?~:,e:ho~ v,,t~, ?,e 6r:~&~emen:, ~,~¢h claim does nol resull from t~e acllve and wJlJfu~ negligence of the ARTIST ~PRODUCER ontheoa~sf e,tr,:,r. ~ROCU, CE~ ART~STor CURCHASER, In tudhetance thereot and tot he benefit o W am Morris Agency, Jt is agreed th~ nu~tF ;.: PURCNASER *~or PRODUCER will ~ame ct)din Wilham Morris Agency as a pady ~n any civil action or suil arising Cu', of, ? :3,';:¢:: :¢ w;:~ :.r 'e,~:e: tc anr ~: ,',s) of commission or omission ct PURCHASER, ARTIST or PRODUCER. 16. T2,s c:m,'~:: ?L :a: ';= 3,,3 ;!ss,~r'o= or :rcnsfe,red v,{thoul the written consent of PRODUCER, (D) contains the so~e and complele un~e;srsr,~;~ :' t~,e pa,% ,~3 ',¢:e:~ alu ~:, rr-,~y not ~ amended, supplementeo, varied or d~scharged,governed byeXCept lawsbY an inslrumenllhe olin ','¢ARGF,~,T~ ~-~ reEF4 ;*UT~F~%'; TO, 3:O SO, A,ND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILI~ FOR THE PA'ct,',Ef,T 3F S~,3, P~4:CE):, FJLL Tne terms 'PRODUCER' 'ARTIST" and 'PURCHASER"as used hereJ~ shall include and apply RICOCHET ENGAGEMENT CONTRACT RIDER CONTACT INFORMATION anagernent: John Dorrts/Ron Chancey Office 615/320-7714 F ax 615/320-5799 (CON'I'ACT) Larr~ McKeehan Mobile 615/812-9670 Hallmark Direction Co. Tour Management: ICONTAC'r) Kevln Hulett Mobile 615/948-2419 VM/Fax 800/276-7148 Public Relations: Jules Wortman Off.me 61 ~ Fax 615/259-0250 Wortman Works Record Label: Columbia Records Office 615/742-4321 RICOCHET Federal I D No. ~,43-16440Z$ Perry Heath Wright (Leader), Dwayn-. u. Bryar~..~rp~... ~...P,'y_?~t, T~.dd7 $1~an Can', Gregory C. Cook, Edward J. K31gallon [This Rider ("Rider") is attached to and made a part of the Contract ("Contract") between Ricochet, Inc. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said services ("Purchaser'~) as defined on the face of the Contract in connection with the Artist's performance(s) at the venue(s) described therein ("Venue" or the "Engagement"). Purchaser shaft provide the following for ARTIST in order to have the 'best possible show: I. HOSPITALITY A. Thirty (30) pdme tickets per show. B. Parking as close as possible to backstage entrance for 45' bus with trailer. C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted ' ~"-" " Coke, Diet Coke and Sprite, one (1) gallon 2% milk, 1/2 gallon orange juice and eight (8) bags of crushed ice delivered to bus at load-in. - . - ........ ,., ........ u,,, ~n~, c,r,~ (i) Dottle rea wine aisu at F. Lunch for fifteen (15) people at load-in. G, Dinner (incl. entree, vegetables, bread, desert & drinks) for fifteen (15) people after soundcheck. H. Three (3) large pizzas and four (4) bags of ice delivered to bus at end of show. ' "~ 1,_ A~ghting, front and back truss, with all cables, gels, dimmers and lighting desk with operator. ~" t~ .... (3) sta[ion clear corn system and all cabling. C. Adequate electrical power to power all equipment including quad boxes for stage. D. Minimum stage dimensions of 30'X2.0'X4'. E. Power amplifiers (Crown or equivalent), cables and speakers (EAT KF850 or equivalent, preferably flown) adequate to deliver equal and undistorted sound to entire audience, com- ~'~ plete with drive ra¢_,_~annel snake, returns and CD player. ~ , .,~..~ F,~~hannelm~ (Yamaha PM3000 or equivalent). G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down ., ~ equipment and load truck after show. '3-1~eople during show to operate spotlights and do set changes. I. If Outdoor Show, stage top and sufficient visqueen to thoroughly cover all equipment in event of rain. II1. MERCHANDISING. Four (4) eight foot (8') tables, six (6) chairs, AC outlet and a mutually agreeable location to sell merchandise. (OVER) j Ager, SEP 1 1999 ;/ 1905 Broadwc~t.j · Nashvll, l,e, Tennessee 37203 · 615-320-'771~, · 61 Furthermore, Purchaser agrees to the following in order for Artist to have the best possible show: IV. MERCHANDISING RIGHTS. Ad/st and/or Artist's Representative shall have /he sole and exclusive right, through not the obligation, to sell Artist's Licensed Products. Purchaser further agrees and warrants that there shall be no ' ~, sale or other distribution of recordings and/or other souvenir materials/products other than by Artist and/or Artist's Representative immediately preceding, dudng and/or immediately after the Performance without the prior written consent of Producer/Artist. Producer shall retain 100% of the proceeds from such sales, unless otherwise agreed. ~ ~ V. SECURITY. Purchaser is solely responsible for providing security in connection with the Engagement, including, without limitation, the protection of Artist, Artist's employees and agents, equipment, instruments and patrons. To this end, Purchaser shall provide and pay for a minimum of five (5) secudty people from 1/2 hour before through 1/2 hour after the performance,. VI. SPONSORSHIP. - ~ · All forms of sponsorship, weither part of an on-going series or specifically for Artists show, must be authorized by Producer. This includes I~e designation of any radio station as a "presenter"' or "welcoming station" which MUST BE APPROVED IN WRITING BY PRODUCER well in advance of the date of the engagement. Purchaser shall secure a valid insurance policy in effect for each Venue thro'ughout each 0 Engagement (including Icad-in & Icad out) and in relation to all rehearsal facilities, to cover Purchaser's and public liability, worker's compensation, third party claims and any other appropriate coverage to a limit not less than ONE MILLION DOLLARS (US $ 1,000,000.00) and unlimited in the aggregate. Purchaser shall name Producer, Artist and their respective employees and agents as additional insured on said policy. Proof of such policy shall be furnished to Artist's Manager, upon demand, pdor to each engagement. Purchaser further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Artist and/or Artist's employees, contractors and agents, against fire, vandalizing, theft, riot or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided, copies of such must be presented to Producer/Artist upon request. VIII. TAXES. Purchaser shall pay, at it's sole expense, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to Producer/Artist shall be free of same. The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer/Artist for Engagements performed within the United States (unless otherwise stated on the face of the Contract) but shall apply to '- all forms of taxes including, without limitation, any business occupancy tax or any value added tax (VAT). IX. CHOICE OF LAW/FORUM. In the event of any default, dispute or breach of this Agreement requiring court action, the Parties hereto consent to venue in Davidson County, Tennessee, in any such action. Furthermore, the prevailing Party shall be entitled to recover reasonable attorney's fees, expenses and court cost. PURCHASER DATE ?,., . _~/A_..TE ~' SEP 1 1999 ............. WILLIAM MORRIS AGENCY, ~,~. I ~ Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 ........ Telephone 615-963-3000 Facsimile 615-963-3090 RIDER AT'FAC}lED HERETO HEREBY MADE A PART OF ]HIS C 7~74 "R ¢' T AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 THIS CONTRACT far mc p~rsonal services of ~c musicians on ~e engagement deschbed below is made AUG 30 99, helicon COLLIER COUNTY PARKS & RECREATION~eg Ruby thcrcinafler rcfeged tt~ ~$ "PURCHASER") ~d RIC~}IET (hereinafter rcfencd m ;:~ ' AR'PlST"~ ~ ho~c sc~ccs are iumished by Ricochet, Inc (hcrmnaftcr referred t,~ a~ 'PRODUCER"} Naples. Fi Scaling: 0 ~' S 0 O0 Capacity: 0 Gross Potential: $0 T~: 0.~ Ne~ PotentiaL: $0 (Not m exceed) show. 2 DATE(S) OF ENGAGEMENT: Fri SEP 24 99 - O~ner TBA b. Time of Sho~(s): 8:~ PM c Length ef Each Sho~: 7~-90 minutes 3. BILLING: (In all forms of adxcm>iag~ Arti~ shal~ rccci~c l~C; So~c Headline Bilhng 4 PUl_l_ PKIC[: AGR[I'.D UPON S 5,~ (Fi~c Thousahd) FI_AT GL NRANTEE Mcrch~d~sing Ratz nc~, IfK~:~ Alll>k Sc!~s 5 All p:o'menb shall be paid b) PURCH-XSER m US [unds by CERTIFIED or CASHIER'S CHECK. or CASH as follows: S2,5(M ~hall bc paid t) a~d in t}c name uf PRODUCER's agcnl, Wilham Morris A~cnc) eot later thaa SEP 24 99 b Thc halancc m thc am(mm of S25~ shal; bc pa~d m ahd m the na~nc of the PRODUCER: Ricochet, Inc. fls/o RICOCHET c E~,cd ~.cntages, ovcra~¢~ and/or bonuses, if applicable, ~¢ to be paid 1o PRODUCER by CASH ONLY d la the event thc FULL PRICE AGREED UPON to be paid by PURCHASER DO~ NOT include ~rcemagcs or o~cra~es, ~d thc actual irc)ss box office receipts from ~e engagement exceed ~c gross ~tcntial as staled in P~graph 1. hcrch~abo~c, ~uch amoums shal', be paid in full to PRODUCER m CASH ONLY. immc&a~cly following ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN WITNESS WttEP, EDF, thc panics hereto ha'~e hzrcuato ~ct tLcir names and seals on the day ~d yc~ firsl above written. Ri~'hel,]nc.~ FEp ID~ 43-1644075 Collier CounW Florida Attest: Ricoc~et~lnc. Nashville, TN 37203 By: Pamela S Mac'~e )wight E. Brock. Cl~rk Ti:lc Cha~rxomcn 43-1644075 949029 ~ppr~s to Ii~n:~ ~,r e~;, i Sc;};c: ...... 6 Whenever lhe term 'Federation' is used herein il sharl mean Ihe American Federation of Musicians of the United S"ates and Canada. Whenever the term 'Local Union" is used herein it shall mean the Local Union ct lhe Federation with iurisdiction ...',/er the territory in which th~ engagement covered by this contract is Io be p~rformed. 7. i','o performance of lhe engagement sha;i be recorned, reproduced or transr'-itt)d from !he p;cce cf perfc'rranoe, ,n ar'~, ma"'ner Or by any mean~ whatsoever, in the absence of a spool!in written agreement wi!h the Fedora:ion relafin~ :o and corral:fin9 such reproduction cr transmission. 8 It is expressiy understood by the parlies hereto lhat nei!her the Federation nor the Local Union ara Dart:es tc [h.s conlrac! capacity except as expressly provided ~n 7 above, and therefore, !hat neilher the Federation nor the Local U-'i:" Shar~ ~e :ab'e for pefiormance or breach of any provision hereof 9. A representative of Ih¢ Local Union. or ~he Federahon, shall have access [o the p~ace of encace~e?. Covered by t.h8 co,tract purposes of communicating w th the ARTIST(s~ pedorming the engagement and the PURCHASE~' ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to furnish and pay for at its own expense (a) on the date and at the Hmo of the pedormance(s) above- mentioned all that is n~essary fo~ the Dro~cr 2res~ntalion of th~ ente~ainment presentation, includin~ witnoul limitation a suitable theatre, hall or auditorium, well-he&~cd ;er,;~;~nd. hqht~d, clcan and in good order, stage cuflains, propedy tuned Qrand piano(s and public address syslem in perfect work,rig condition including microphone(s) in number and quality req:ireC by PRODUCER. dressing r~ms. aJf necessaw electricians and stage hands, ail lights, tickets, house programs, all licenses (including musica: performi~9 rights ~licenses)~ ushers, ticket se~lers, ticket takers, appropriate and sufficient adve~ising ~n the principal newspapers. {b) arl ~/~music royalties in connection with PRODUCER's use of music, and in addition, the costs of any musicians (including Co~tractcr) other than those furnished by PRODDER as part of PRODUCER's r~ular company. (c) aH amusement taxes, (d) if PRODUCER so reqwres, all necessa~ facilities, electricians, stage hands and olher personnet for ~i9hti~g 2Ad MreS~ ¢~e~rc~ ~nd (e) ali other item~ and personnel (including but not limited to any and all ~rsonnel, including musicians, as may be required by any nationa~ or loner union(s)) required for the proper presentation of the entedainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which PRODUCER herein specifically agrees to furnish· PRODUCER shall have the right ~o name th~ music contraclor and to approve the musicians hired ~ocally. 2. In the event of sickness or of accident to ARTIST, or if a pedormance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of Iransportafion services, war conditions or emergencies or any other similar or dissimilar cause beyond the Control Of PRODUCER. it is understood a~d agreed that there shall be no claim for damages by PURCHASER and PRODUCER's obliger*ohs as to such performances shall be deemed waived. In the event of such non-pedormance for a~y of the reasons stated in this paragraph, if ARTIST is ready, wi][i~ ~nd able ~o pedorm, PURCHASER shall pay the full compensation hereunder, otherwise, the mo~ies (if any)advanced ~o P~ODUCE~ he,eunder, sha~ be returned on a pro-rata basis. 3. Inclement wealher rendering performance im~ssible, infeasible or unsafe shaf~ ~o~ be deome~ a f2rce me,eyre e~er.: 2n2 payment of the agreed upon compensation shall be made notwithstanding. If PURCHASBR and PRODUCER disagree as Io whether rendilJon of ~rformance(s) is impossible, not feasible or unsafe because of inclement weather. PRODUCER's determin~tio~ as to 2edo'ma~ce sha!l prevail. 4. In the event PURCHASER refuses or neglects to provide any of the items or to pedorm any of its obligations herei~ stated, and/or fails 1o make any of the payments as provided herein, PRODUCER shall have the right Io refuse to perform this con,rant, shall retai~ any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall rema[~ liable to PRODUCER for the a~reed price herein sol fodh. In addition, if, on or before the date of any scheduled pedormance, PURCHASER has faile~, neglected, or refused to pedorm any contract wilh any olher pedormer for any other engagement, or il the financial standin~ or credit of PURCHASER has been impaired or is in PRODUCER's opinion unsatisfactc~ PRODUCER sha~J have the right to demand the payment o~lhe guarante~ compensation forlhw;th. If PURCHASER fails or rcf~s¢s to make such payment fc~hw~',h. PRCDUCER shah have the ,ight to cancel this engagement by notice to PURCHASER to that effect, and ~o retain any amounts lhere~ofore paid to PRODUCER by PURCHASER and PURCHASER shall rema~ liable to PRODUCER ~,: ~he ag-eed 2, ce ~erein se: fo~h. 5. ~e enleda~nment presentation ~o be furnished by PRODUCEq hereunde~ shall rede;ye b;i;in~ ~n sugh ?~cr. form. Size and prom~mcnce as direcled Dy PRODUCER in ali advedising 2nd publicity issued by or u~der the control of PURCHASER ARTIST's name or likeness may not be used as an endorsement or indication of use of an~ product or se~ce nor ,~ CoRqeOhc~ '.'.:? ¢~) sponsorship Or fie-up, commercial Fie-up or merchandisimg withouI PRODUCER's odor writlen conse~l 6. PURCHASER shall not ilself nor shall il permit Olhers Io record, broadcasl, televise, pnolo~ra¢~ o¢ o',~er~', se ,e2rccuce t~e a~d/or audio pe~ormanoes ~ereunder. or any pad thereof. 7 P~ODUCER shall have the exclusive right lo sol', souvenir programs, belie! books, pholc~r~2hS, rec¢'=s ann ~r.y ar~ all types merc2andise ~nc~u~ing, but no~ hmited to. a~icles of clolhing (i.e.. T-shids. ~ats. Plo.). ~cslers. stokers, e:c.. 2~4~e premnses of lhe place(s) ofPerlormancr ~Fthoutan.'L i-t.;?::~:? ' '~ 3roce¢C~D'r'PURCHASER sub?ct ~Owe`/er to :o~:ess~cna:re's if any 8. Un~ess stipulated to the co~IraWicwritin¢ PURCHASER agrees that PRODUCER may :a~cei :he e~a~eme,~: hereunder liability by gJwn¢ the PURCHASER ~ofice thereof at least thidy (30) days prior fo lhe commencement dale of the e~.2a~eme~t hereunder. PRODUCER shaH aiso have the rinht to terminate this agreement wi~hou~ !abd[~y [~ :he eve?, PURCHASER rains a~d return this Co,tract withi~ !0 days. 9. PRODUCER s~ail have exclusive control over the produclJon, presentation a~d pedormance of the e~gagemegt hereunder as well as the means and methods employed in fulfilling each oWigation of PRODUCER hereunder in all respects and in all details. PRODUCER shall have t~e sole right, as PRODUCER may see fit, to designate a~d cha~ge at aqy time the performing personnel other than t~e ARTIST(s) s~cificaHy named herein· 10. PURCHASER agrees (a) to comply promptly with PRODUCER's directions as to stage settings for the performance hereunder, (b) that no performers other than those to be furnished by PRODUCER hereunder will appear on or in con~ection with the engagement hereunder, (c) War no stage seals are to be sold or used without PRODUCER's prior written consent, and (d) that the ente~ainment presentation will not be included in a subscription or other type of sodas w~thout the written consent of PRODUCER. 11. ll is agreed that PRODUCER signs this contract as an independent contractor and not as an employee This conFact shall not, in any way be construed so as to create a partnership, or any k~nd of joint unde~aking or venlure between [ne ponies hereto, nor make PRODUCER iiable in who~e or in pad for anyobfigation t,.at may ~ incurred by PURCHASER ~ PURcHAsER's carwing out any the provisions hereof or othe~ise 12. Nothing in Ibis Agreement shall require t~e commission of any act contrary to law or to any rules or reaWations of any UNDO. guild or similar body ~aving jurisdiction over lhe services and personnel to be furnished by PRODUCER to PUrChASER hereunder ~f ~here any confhct between any provisJon of this Agreement and any law, rute or regulation, such law. ru~e Or regulation shah prevail and ~h;s Agreement shall be cudailed, modified, or'~;mited o~ly [o the exten~ necessarytc elim~na;e such confict ~URCHASE~ agrees comply wJlh aH regulations and recuiremenls of any umo~(s) that may have ~urisdicdo~ over 8Ry of :he sai~ materials, facilities personnel to be furnished by PURCHASER 13. In the even~ of any inconsistency between the D'svisions Of this contract and the ¢ro'`/~sioRs cf any r ;e'5. a~ne~da, exmb ',s o' any other atlachments hereto, the pad,es agree tha~ d~e pro~'is~ons most favorable to PRODUCER and ARTIST Sh¢~l Ccntrc: ~14 PURCHASER hereby indemml,es and ho~Cs PRODUCER and ARTIST. as well as their respect,ye aden:s, representatives. principals, employees, officers a~d directors, harmless from and against any toss. damage or expense, inc!ud,~ reasonab:e attorney's fees, incurred or sWfered by or threatened against PRODUCER or ARTIST or any of the foregoing ;n cc~qeclio~ w~lh or as a resul~ any claim for personal inju~ or propedy damage or otherwise brought by or on behalf of any third pa~y carson, nrta or corporation as a ~; conneclion w,th the engagemenl, which claim does no, resu,t from the active and wWul ne~~ 15. William Morris Aaency, inc. acls herein only as agent for PRODUCER and is nol responsible for any ~t o' co~,~¢~b~L~ o~thepa~ofeither~RODUCER, ARTIST or PURCHASER. In fu~herance thereof and lot the ~neht ~l W,Iha~a[n¢~.~,s agreed that neJlher PURCHASER nor PRODUCER will name or join William Morris Agency as a party in,ny OUt of, Jn connection wilh, or related to any act{si of commission or omission of PURCHASER. ARTIST olPRO~ ~ I. ~.-. 16. This oontrac, (a) cannot be assigned or lransferred wJtho,, the written concerti of PRODUCER, (b) cint~~a~~ understanding of ~he padies hereto ~nd ~c~ ~v nol ~ amend~ supplemented, varied or dischargeJ~ce~n ~n~t , writJn~ signed by bo~h r,afl..~. The ,.','.cc:. :.3~.~'-..:::,~a~ffec: of lh~s contract shall be coveme~ bv ~e~~a~e of ~;*.VMZ';T CF SAiD PR;CE ',t~ FU%L- T~e terms "PRODUCER" "ARTIST" and "PURCHASER" as used herein shall include and apply Io the singular, lhe plural and to all genders. RICOCHET ENGAGEMENT CONTRACT RIDER CONTACT INFORMATION Management: John Don'is/Ron Chancey Office 615~320-7714 Fax 6152320-5799 (CONTACT) Larry McKeehan Mobile 615/812-~70 Hallmark Direction Co. Tour Management: {CONTACT) ~evln Hulett Mobile 615/948-2419 VM/Fax 800/276-7148 Public Relations: ,)bias Wortman Office 61 ~ Fax 615/259-0250 Wortman Works Record Label: Columbia Records Office 61 EV742-4321 RICOCHET Federal I D No. ~43-16441)75 INC Band Mernbera: AIl band personnel are members of AFM #257; Nashville Perry Heath Wright (Leader), Dwayne M. Bryant, Jeffrey P. Bryant, Teddy Sloan Can', Gregory C. Cook, Edward J'. KJlgallon This Rider ("Rider") is attac..d to mid muds ~ ~art of qhe Contract ("Contract") between Ricochet, Inc. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said services ("Purchaser") as defined on the [~ face of the Contract in connection with the Artist's performance(s) at the venue(s) described therein ("Venue" or the "Engagement"). L[ Purchaser shall provide the following for ARTIST in order to have the best possible show: ,. I. HOSPITALrTY A. Thirty (30) prime tickets per show. ...~~ B. Parking as close as possible to backstage entrance for 45' bus with trailer. C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted Coke, Diet Coke and Spdte, one (1) gallon 2% milk, 1/2 gallon orange juice and eight (8) E.--T-v;c ~'' F. Lunch for fifteen (15) people at load-in. G. Dinner (ind. entree, vegetables, bread, desert & ddnks) for fifteen (15) people after soundcheck. O H. Three (3)large pizzas and four (4) bags of ice delivered to bus at end of show. ! II. STAGING/PRODUCTION ~- ~ /~;k~,~-cy ~.- ~-4~/~_. /¢¢.~. /,4/~/'/4/¢'C~ / ~ghting, front and back truss, with all cables, gels, dimmers and lighting desk with ¥'~Z operator. i ~,z'J~,~) B~l~ow spots with platforms, three (3) station clear corn system and all cabling. ~'/¢' C, Adequate electrical power to powe~ ah equipment including quad boxes for stage. L.:,.. D. Minimum stage dimensions of 30'X20'X4'. E.. Power amplifiers (Crown or equivalent), cables and speakers (F_AW KF850 or equivalent, '~ preferably flown) adequate to deliver equal and undistorted sound to entire audience, com- '~ plate with drive ra~annel snake, returns and CD player. ~ .,_ ~'~ j~F. eK't~annel r~ixing~ol~ole (Yamaha PM3000 or equivalent). G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down '~~ ~ .~_ equipment and load truck after show. "J~, [1~.,~': H.~..~-~'~people dudng show to operate spotlights and do set changes. I. If Outdoor Show, stage top and sufficient visqueen to thoroughly cover all equipment in event of rain. II1. MERCHANDISING. .---- Four (4) eight foot (8') tables, six (6) chairs, AC outlet and a mutually a! reeable Io~tio~o_to sell~_ , merchandise. A.;~r,~:~ (OVER) I SEP 1 1905 ESroadwag · Nashvll. l.e, Tennessee 37203 · 615-320-'7714 · 615-320-5799 Fax Furthermore, Purchaser agrees to the following in order for Artist to have the best possible show: IV. MERCHANDISING RIGHTS. Artist and/or Artist's Representative shall have the sole and exclusive right, through not the obligation, to seit Artist's Licensed Products. Purchaser further agrees and warrants that there shall be no --% saie or other distribution of recordings and/or other souvenir materials/products other than by Artist and/or Artist's Representative immediately preceding, durfng and/or immediately after the Performance without the prior written consent of Producer/Artist. Producer shall retain 100% of the proceeds from such sales, unless otherwise agreed. V. SECURITY. Purchaser is solely responsible for providing security in connection with the Engagement, including, without limitation, the protection of Artist, Artist's employees and agents, equipment, instruments and patrons. To this end, Purchaser shall provide and pay for a minimum of five (5) security people from 1/2 hour before through 1/2 hour after the performance. ~]~b5 All forms of sponsorship, weither part of an on-going sedes or specifically for Artists show, must / _ be authorized by Producer. This includes the designation of any radio station as a "presenter" or "welcoming station" which MUST ~ ~PPR"",,,'~"'~.~.. IN WRITING BY PRODUCER well in advance of the date of the engagement. /~ Vll. iNSURANCE -- Purchaser shall secure a valid insurance policy in effect for each Venue throughout each ~./~ Engagement (including load-in & load out) and in relation to all rehearsal facilities, to cover Purchaser's and public liability, worker's compensation, third pady claims and any olher appropriate coverage to a limit not less than ONE MILLION DOLLARS (US $ 1,000,000.00) and unlimited in the aggregate. Purchaser shall name Producer, Artist and their respective employees and agents as additional insured on said policy. Proof of such policy shall be furnished to Artist's Manager, upon demand, pdor to each engagement. Purchaser further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Artist and/or Artist's employees, contractors and agents, against fire, vandalizing, theft, riot or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided, copies of such must be presented to Producer/Artist upon request. VIII. TAXES. Purchaser shall pay, at it's sole expense, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to Producer/Artist shall be free of same. The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer/Artist for Engagements performed within the United States (unless otherwise stated on the face of the Contract) but shall apply to " all forms of taxes including, without limitation, any business occupancy tax or any value added tax (VAT). IX. CHOICE OF LAW/FORUM. In the event of any default, dispute or breach of this Agreement requiring court action, the Parties hereto consent to venue in Davidson County, Tennessee, in any such action. Furthermore, the prevailing Party shall be entitled to recover reasonable attorney's fees, expenses and court cost. WILLIAM MORRIS AGENCY, Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 Telephone 615-963-3000 Facsimile 615-963-3090 R!DER A'UI'ACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 Tills (OWl RACI h~r thc pzrsonal scp.'iccs of thc musicians on thc cngagemenl described below is made AUG 20 9% bct~ccn COLLIER COUNTY PARKS & RECREATION,~eg Ruby thcrcmmtcr rclcrrcd 1o as "PURCHASER") and R1C~HET (hcrcmancr rcicncd t:> as 'ARTIST' ) whose sc~ices ~c furnished by Ricochel, thc, (hcrmnaftcr rcfc~cd ~o a~ "PRODUCER") h is mutualb agreed bct~ccn the parucs upon all the te~s and conditiens herein set forth, including those on thc rc~ersc sldc hcrcol entitled "Additional Terms ~d Conditions," as follows: 1. P!acc of Ergagemem: Vine3ard Community P~k 6231 Arbor Bh'd Naples, FL S~ahng: 0 ~ S 0 00 Capac~D: 0 Gross Potential: $0 T~: 0.~ Net Potential $0 (Not to excccd) Obq'~R SHOW; RAIN OR StI1NE Free 2 I)ATEtS OF ENG.XGEME~,T Fn SEP 24 99 - OF~ncr TBA Ri.ocher a Numt:cr of Sho~s I b Time o1' Shorts,: 8~ PM c I.cngth m Each Sbt ~: 75-90 minutes Artist ~bal: rz~cv.c !(K)')~ Suit }tcadlmc Billing 4 t% 1..I_ PRICJ~ AGRICED L/PON: S 5,~/d:i,c '1 hou.;md) FLAT GUARANTEE Put.ha>c: to pm~Mc ~d pa> h~r sound, lights, 5 (FIVE) double rooms and 2 ('~VO) single rooms Ali A~ omn,.datio~ and Travel ~angcments x'e sub.~cc~ to PRODUCER's prior approval Mcrd:,md!>ing Rate(nog)1(~/,'1 Artis~ Sells 5 All pa? mcr, ts shall bc paid by PURC}IASER in US funds by CERTIFIED or CASHIER'S CHECK, or CASH as follows: S2,5~ shall bc paiJ to and m the name of PRODUCER's agent. Willi~n Morris Agency not later than SEP 24 99 b The balance in thc amount o: 52,5~ shall bc [,,:d to and in thc name of thc PRODUCER: R~cochct. Inc. f/s/o RICOCHET cEm'ned l~:chtadcs, ovcragc~ and/or ben,uses, if applicable, m. 7~ ~ ~ paid to f';kG~ h 'i F :,y ( A[~t t~NLY unmcdiatc',) foilo~mg thc last sho~k d In the event thc FULL PRICE AGREED UPON to be paid b) PURCHASER DOES NOT include ~rcentages or o~cragcs. ~d the actual gross box office receipts from the engagemenl exceed thc gross ~tential as stated m P~agraph 1. hzreinabo~c, >uch amounts shall be paid in furl to PRODUCER m CASII ONLY, immediately following ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN t, Vl'l NESS ".k ttFbt.!zf )t:, :he panics hereto have hcrenr to scl tl~cir names and seals on thc da.,.' and )'ear first abo',e written D 're': ~ 4rd i ' Ricoch~'t, In/ ~ED ID# 43-1644075 ~ - _ .......... o ' ,i uch~er Counn' Conurass oncrs b, 'X ',¢ .. . k'- 'r/ ~- ---- Ctlher C, unt., Florida- ' \/I/[I,4Bc'~K.~ 7r-~L ..... - .................. Ricoc~ Inc ~-.7 ]Z~.7~ ~- ~-~w- Nashqlle. TN' 37.03 D~tlgM E T~r~ck, Cleft..: Tide Chairx*om=n 43-1644075 949029 ap.~4 as lc ;',;r::; '! Lc: :J 5uI:~cicnc',': 6 Whe~ever t~,e term 'Feaeration" is used herein i{ shall mean the American Federation of Musicians of the United States and Canada. Whenever '.ne term "Local Union" is used herein it shali mean the Local Union of lhe Federation with iurisdlction over Ihe left,ton/ ,n wni:h the en~a:~emept cc.,ered by this contracl is ~O be performed. 7 NO performance cf F,e en,~a%emen', sr:ai~ be recorded, reproduced or lransmilted from [~e place ct performance, iR 8~y manner or 3yanymeans w~;&~soeve:,~r :neaDsdr,coota specificwrdlenagreementwilhtneFederation reladng to and permitting s~cb recording, reproduc~ c~ 3' :runs"'. ss,c¢ 8. X ~S e.:ress ,, _%ce:2:~t3 E, 7,¢ ;ad es ~ereto Inet neilher the Federation nor lne Local Un,on are dartdes to th~s contract in any '~ A ra;rese~:~: .e cf tpe ~ocd; U~iOF, Ct ',ne Federation, snail have access to the place ct engagement covered by the oontraot for purp:ses or :cmr:,un :a',m2 w;t~ the ART;ST;s', de,dorming the engagement and the PURCHASER, ADDiTiONAL TEFMS AND 1. PUREHASER agrees to furnlsn and pay for at ~ts own e~pense (a) on the date and al the time of [he peRormance(s) above- menl~o~e= al! t~81 ~s necessary for [~e ~rcper presentalion of the entedainmenl presentation, including without limitation a suitable l~eatre, hall cr audJ[onu,m, weld-neared, ventilated, li~h[~, dean and in good order, stage cure,ns, properly lunedgrand piano(s) and public adCdess system in perfect working cond;tiOn ~nciuding microphone(s) in number and qualJly required by PRODUCER, dressing all necessaG, electricians and stage ha:Tds, a~l lights, tickets, house programs, a~l licendes (including musical pedorming rights licenses),~, ushers, rickel sellers, rickel la~ers, appropriale and sufficient erred;sing in the principal newspapers. (b) all music royalties in connection with PRODUCER's use of music, and in addition, the cosls of any music ans (inc ud ng Conlraotor) olher than those furnished by PRODDER as part of PRODUCER's regular company, (c) all amusemenl taxes, (dj PRODUCE so requires, all necessa~ tac~ities, electncians, singe hands and olher personnel for ~i~hting~, and (e) all other and personnel (incJuoing bdt not I~m~teC to any and all ~rsonnel, including musicians, as may be required by any national or union[s)) requ~red for the proper Dresentalion of the entenainment presenlation he'eunder, a~d any rehe~'sais lherefor, except for those items andpersonne~wnich PRODUCER hereinspecificaltyagrees~olurnJsh PRODUCER~,8;'havelherJg~t to name the ~usJC COntractor 8~C ~o ~¢~rcve the musicians hired locally. 2. In the eveT', cf sickness Or 0¢ accident :o A~TIST, or if a performance ~s prevenled, rendered impossible or infeasible by any act or re~u~:~cn cf ~nt' ¢~;;3 &u:kcrty or puree., civil tumult, strike, epidemic, inlerruptton in or delay of transpo~alion so.ices, war 0o¢0 t,cr5 o' 6~e,'~e:,3 es 3r &~'. ot,~,~' s .r, ;ar C¢ d~csimJlar cause beyond the comtroi of PRODUCER, ~t is underslood and agreed l~at lore sha~ be no: am for 3~ ~e5 ['. PU~SHASER and PRODUCER's ob ;cations as to such performances shal be deemed waived In lne e,.en: of s¢.:~ ~cr-pe'fcrn 3nco '.:r ¢~7 of the reasons stated in Ih~s paragraph, if ARTIST is ready, willing and able to pedorm, PURC~ASE~ sTc:r ~/ [ro t¢ 33~e'~=s~: or', hereunder, otherwise, [he monies (if any) advanced to PRODUCER ~ereunder, shall be oftxea~:'e~s ~scr ;'~rT;;='-U~:tC : &: ~o ?&~anotw?,hstandtn9, [I PURCHASER and PRODUCER d~sagree as ~owhe~her rendition of ~rtorm&nce,s ~ ;~ o,:ss: e -::: fetE. E,e or dnsafe oecause of inciement weather. PRODUCER's determination as to pedormance 4. In '.~e 6.er~ F~;:DmA~E:: '~'~5~-5 :=' neg,e::s to prowoe any of the dems or tO pedorm any of its ob~Jgabons herein stated, and/or fa~s ~3 make od / o' me Fa:,".e,':s as ~rO.'~ded ~erein, PRODUCER shall ~8v8 [~e right tO refuse to perform Ibis conlracl, sha~l relain any amcum5 :nere'.:.rCre ~C: :t PFOCUCE~ 3)' PURCHASER, and PURCHASE~ snail remain ~iabJe to PRODUCER for the agreed pr;ce nere,~ se: ~c':'-. ,r &::: 3~, =t c~ or De¢ore tRe dste of any scheduled pedormance, PURCHASER ~as lailed, neglected, or PUFCHAEER h&¢ eee~ .m;a,re¢ :: ~s in PRODUCER's opinion unsatisfaclo~, ~RODUCER shall ~ave I~e r~g~t to demand the paymeT: ct t~e ~,.~r~:ee; com¢e~sahcn lcrl~w~t~ If PURCHASER fails or refuses to make such payment fo~hwit~, PRODUCER 5n~; ~a'.'e 'Fo rd;:: ',¢ 3~¢3¢ t%,rs en~a;emen: by nohce to PURCHASER Io that effect, and to relain any amounls Iherelofore paid Io PFODUCL ~ 2., PdRCHASEq ¢~= dU~CHAS~R snail remain liable lo PRODUCE~ for the agreed price herein set 5. The en:er~a,"r~e': :rese-,',a:;on to be furnished by PRODUCER ~ereunder shah receive biil~ng ~n suc~ order, form, size and prom ne.,ce as ~,rec:e: b)' PRODUCER in a:i advenis~dg and pubJ~cJly issued by or under IRe conlrol of PURCHASER, ARTIST's name s;or:~c,'sr,=; c,' :,e-,.p, co,mmerc~a; f e-u:, 9r merchandising without PRODUCER's prior whiten consent 7, PRODLCE~ s~,a:¢ n~ve the exc:us,ve r,gnt fo self souvenir programs, bar;el bOOKS, pholographs, records and any and a~l lypes of mefoXin:se ,Tcu~in2, au'. "3', ,,m~[ed to. oracles of cfoth~n~ (ie., T-shids, hats. etd,), poslers, slickers, elm, on the premises Of the ~lace(s) of per:cm,;c:e w:'m:¢: ~, Y p3rt,c,C&',,om ;n tr'e proceeds by PURCHASER sub~ect, however, to concessionaire's requirements, ff any 8 U~ies~ &',:~5:&:6: to '.~e :3¢'.'?, ,-, ,,,[,:,F~, PURCHASER agrees mat PRODUCER may cancel the engagement hereunder withoul J,ao;hU' by ~:v,~ Ire PU~C~,:.E~F ~:t:pe :-~ereof at least ~h;~y (33) days prior Io the commencement date of l~e engagemenl heteunoer FFDDUCE~sn~,,a¢3'a.¢ me ¢;n: mterm:~le tn~s a~reement wJ',~cul IJabil~tyin Iheevent PURCHASER fails I0 sign and return tn;s Con:tact w~tr;,n ~C 9. PFQDUa'EF s%a;; xav~ exc.s .e cur'.to oder ~he production, presen!atJon and pedormance of Ih8 engagemenl hereunder as well as lhe means adc met~gss ems,:,,'ed ~r, ts,hii~g each obligalion of PRODUCER hereunder in all respects and in all details. PRODUCEA sraidna.e',~es: e rSn{ as P~DCUCER may seefil roues:sate ~-1 'x:~¢c(-? '-'., ,,:elhep?'lo:mingpersonnel other lO. PURC~ASEF a;'ees s :: cam:: :r?-,stywi:h PRODUCER's ¢,declions as to singe sellings fodthe pertormance hereunder, (b) ma: ,no ;,edc-~e-s c:r,~-,' 'r,a' ;rase :c :e U'F st, e: ~y PRODUCER hereunder wJJ, appear on or in connection wil~ the engagement nereunce: :ctr. 31 used wilhoul PRODUCER's pricr written consent, and (d) mol lhe entedainment I !. h is a~reec F's: P~Z,C~/tCEP sons :n s corttr&s[ as 8ri indepen~enl contradict a~d not as an employee. Thio conlracl shall nol, PFODUCER;,auo :nvmcie c' ;' ;a':~srac7 sPii$atio~ that may be i¢curre~ by PURCHASER in PLIRCHASER's carwmg out any of 12 ,'4otn:-;c stms;S'ee~re-:s~;= e~`,,~c~,nm¢~s~nCfany~c~c~n~raryt~aw~rt~n~ru~eS~r~egu~a~i~ns~a~yun~n~gui~d~ s:m~iatbs~ ns.,n)Nr, sc,c:,c~ c.e't',eser.'ises and ;crsonnel to be furnished by PRODUCER lo PURCHASE~ nereunder. If there is anycocf;ic'.setween ar,7$-c; sc: 3t::' sFsreemenla~oanylaw, rule or regulation, such law, rule or regulaliOn shall prevail and t~is Agree%es: s,ha se c.qa ~-2 ~-:;'.e:. ~ ,,c','e2 o,qly t0 the extem necessary Io eliminale such condJicl. PURCHASER agrees Io comp!y with s; roes:ebons a:;; 'ec~romeqts ct any union(s) thai may ~ave jurisdiction over any Of the said materials, fac;lilies and !4, PURCr~z~E~ 'e'eP'., ncem-~,es and no,cs P~ODUCE~ and ARTIST, as wel~ as their resgective agents, represenladves, %es n:u:'ec c' _'fo'e: :: ;' :', ea:enec aga,ns~ PRODUCER or ARqlST or any Of the foregoing in connecon wih or as a result of &r,? :;a'.~ :ct perc;ra: ~ dr., ;¢ p'cpe~y cama,~e or oiherwise brought by Or On boner of any third pady person, firm or corporation as a res~ o' or ,n c0, nr;ec: tn' ¢.:'- :r-,e engage,me;t, '.~h;c~ claim does not resull from l~e active and wilfful negligence of the ARTIST PRODUCER oatnepa~ o~e?,rurPRCDUCER, AREISTor PURCHASER In tudherance lhereot and tot the bene(~ ol William Morris AgenCy, Jt agreed that ne4r, er PURCHASER nor P~ODUCER wm name 3r joia W~lliam Morris Agency as a parly ia any ¢~vil action or suit arising cu: of, in ccnde¢'.[tn '¢,?,h cr re:o'.ed to any ad(s) of gomff. Jzs~o~ or omission of PURCHASER, ARTIST or PRODUCE~. 16 Th,s scr4ra:: ',a; cannot ~e ass gnec or transferred w~thout the wrhle~ consent o[ PRODUCER, (b) contains the sole and complete ~ncerstar, c;~ ~,' t~e ;axes ~e'e:o end {c) may not ~ amendS, sdpp~emented, varied or discharged, except by an instrument in writing sigr, eC by ;otb parties Tre 'vaiidXy, construct{on and effect of this contract s~all ee ~ovemed by the laws of the State of Tennessee. msa'dless cf t~e s~ce ol oe,fformance, T~2 PERSC~ EXPCUTJNG T~i~AGR~EMENT ON FURCUASER'S DZllALF ~'M[ .... S &, ,~,-,Z , '¢._ Txe terms "PRODUCER", "ARTIST" and "PURCHASER" as used herein shall include and apply RICOCHET ENGAGEMENT CONTRACT RIDER CONTACT INFORMATION '-- t: John DorrisJRon Chancey Office 615/320-7714 Fax 615/320-5799 (CONTACT) L.arry McKeehan Mobile 615~12-9670 Managernen Hallmark Direction Co. Tour Management: (CONTACT) Kevln Hulett Mobile 615,948-241.-9 VM/Fax 800/276-7148 Public Relations: .~ules Wortman Office 615r259-CX)G5 Fax 615rz59~250 Wortman Works Record Label: Columbia Records Office 615/742-43'21 RICOCHET Federal l D No. ~.43-1644075 i NC Band Members: All band personnel are members of AFM .$?, Na.hvllle Perry Heath Wright (,Leader), Dwayne M. Bryant, Jeffrey P. Bryant, Ted~iy Sloan Can, Gregory C. Cook, Edward J, KJlgalion This Rider ("Rider") is attached to and made a part of the Contract ("Contract") between Ricochet, Inc. .... · ? ...... ._. ("Producer") f/s/o Ricochet ("Artist") and the purchaser of said services ("Purchaser") as defined on the face of the Contract ia connection with the Artist's performance(s) at the venue(s) described therein ( V,nue or the "Engagement"). L Purchaser shall provide the following for ARTIST in order to have the best possible show: I. HOSPITALITY A. Thirty (30) pdme tickets pal show. E~'-~ B. Parking as dose as possible to backstage entrance for 45' bus with trailer. C. One fifteen (15) passenger van and non smoking safe driver from load-in to load out. ,t. .... D. Twelve (12) hand towels, three (3) cases of small bottled water, three (3) cases assorted ---,~L~.,~ Coke, Diet Coke and Spdte, one (1) gallon 2% milk, 1/2 gallon orange juice and eight (8) /X,f~ bags of crushed ice delivered to bus at load-in. F. Lunch for fifteen (15) people at load-in. G. Dinner (ind. entree, vegetables, bread, desert & ddnks) for fifteen (15) people after soundcheck. ,-~-.% H. Three (3) large pizzas and four (4) bags of ice delivered to bus at,~end of show. 'l,, ~2.- A.~!.2,8t~of lighting, front and back truss, with all cables, gels, dimmers and lighting desk wfth ~/ B. ~ follow spots with platforms, three (3) station dear com system and all cabling. ~-~" i~,i~ C. Adequate electdcal power to power all equipment induding quad boxes for stage. D. Minimum stage dimensions of 30'X20'X4'. ~ E. Power ampiifiers (Crown or equivalent), cables and speakers (F. AW KF850 or equivalent, preferably flown) adequate to deliver equal and undistorted sound to entire audience, com- \//,~ .~ ~z,piete with drive rack, f~hannel snake, returns and CD player. F~E~c~(4O~annel mixing c~n'S"Sfe (Yamaha PM3000 or equivalent). ,~/'~¢ G. Six (6) strong people to unload truck & set up equipment at load-in, also to tear down ~~ tl,~.~.~~ equipment and I°ad truck after sh°w' ....... t~ ~potlights and do set changes. 'R~eople dudng show tc r~Cro ~ ~2 I. If Outdoor Show, stage top an~ sd~cient visque~n to thoroughly cover all equipment in event of rain. II1. MERCHANDISING. Four (4) eight foot (8') tables, six (6) chairs, AC outlet and a mutually agreeable location to sell merchandise. (OVER) 1905 ~ro~3Qwcg · Nc3sh¥1[I.e. Tennessee .'57203 · 615-320-T?lZ~ Furthermore, Purchaser agrees to the fo/lowing in order for Artist to have the best possible show: IV. MERCHANDISING RIGHTS. Artist and/or Artist's Representative shall have the sole and exclusive dght, through not the obligation, to sell Artist's Licensed Products. Purchaser further agrees and wa~Tants that there shall be no sale or other distribution of recordings ~r,d/'or o~r~e: ;~.,~:',~.nh' ~,'natel;.~L,-Jproducts other than by Artist and/or Artist's Representative immediately preceding, dudng and/or immediately after the Performance without the prior written consent of Producer/Artist. Producer shall retain 100% of the proceeds fr/gm such sales, unless otherwise agreed. -- - ~ ,~//.~,~ V. SECURITY. P~rch~ser is solely responsible for providing securily in connection with the Engagement, including, without limitation, the protection of Artist, Artist's employees and agents, equipment, instruments and patrons. Tc this end, Purchaser shall provide and pay for a minimum of five (5) secudty people from 1/2 hour before through 1/2 hour after the performance.. ~.~_~ sPoNsoRs.. ,.: All forms of sponsorship, weither part' of an on-going series or specifically for Artists show, must be authorized by Producer. This includes ~e designation of any radio station as a "presenter" or "welcoming station" which MUST BE APPROVED IN WRITING BY PRODUCER well in advance of the date of the engagement. VII. INSURANCE = ~~~ ~ ,,/,A./~:~'~...~__.' Purchaser shall secure a valid insurance policy in effect for each Venue throughout each Engagement (including load-in & load out) and in relation to all rehearsal facilities, to cover Purchaser's and public liability, worker's compensation, third party claims and any other appropriate coverage to a limit not less than ONE MILLION DOLLARS (US $ 1,000,000.00) and unlimited in the aggregate. Purchaser shall name Producer, Artist and their respective employees and agents as additional insured on said policy, Proof of such policy shall be furnished to Artist's Manager, upon demand, prior to each engagement. Purchaser further agrees to provide full all-risks insurance coverage for all equipment and inst~ments provided by Artist and/or Artist's emo!o.vees, contractor~ and agents, against fire, vandalizing, theft, riot or any other type of act or e'vem caul,n{; ~;Jr~','~ o;' damage to, or loss of, the instruments and equipment so provided, copies of such must be presented to Producer/Artist upon request. VIII. TAXES. Purchaser shall pay, at it's sole expense, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to Producer/Artist shall be free of same. The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer/Artist for Engagements performed within the Un,led States (unless otherwise stated on the face of the Contract) but shall apply to " all forms of taxes including, w~thout limitation, any business occupancy tax or any value added tax (VAT). IX. CHOICE OF LAW/FORUM. hq the event of any default, dispute or breach of this Agreement requiring court action, the Parties hereto consent to venue in Davidson County, Tennessee, in any such action. Furthermore, the prevailing Party shalI be entitled to recover reasonable attorney's fees, expenses and court cost. PURCHASER DATE PRO'DL[CER ' /DATE/ EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR EAGLE LAKES COMMUNITY PARK PROJECT Objective: To obtain Board approval of a Change Order #3 for Eagle Lakes Community Park Project 80037. Consideration: Change Order #1,was a decrease of $19,730 to Contract #98-2795 with W.G. Mills, Inc., for elimination of an effluent meter, change of roof finish and credit for existing fill. Change Order #2 was an increase of $45,522.05 for the addition of a culvert, riprap, and upgraded irrigation pump. Both Change Orders where within the allowable ten percent of the original contract of $3,018,698.98, and therefore did not require board approval. Change Order #3 is necessary to direct the contractor on changes to the project as directed by the Parks and Recreation Department. These changes include; additional conduit for future lighting of soccer field, changes in landscaping and irrigation, installation of score boards, additional hose bibbs and electrical outlets, and topdressing of ball fields. Total cost of the Change Order #3 mounts to $42,772 which brings the project total to $3,087,268. Fiscal Impact: The necessary funds are budgeted in the Community Park Fund, Eagle Lakes Community Park Project. Growth Management: None Recommendation: That the Board of County Commissioners approve the necessary Change Order #3 to Contract 98-2795 with W.G. Mills, Inc. c,,4rames Fitz~'k,r~r~tions Manager Parks and Recreation Department Reviewed b~,l:~' Date: ~ Department of Parks and Recreation SEP 1 t999 Maria Ramsey, Department of Parks and Recreation Approved by: ~---'~lkk~ _ . Date: q.~..C~ c~ Thomas ~)~ ~lliff, P~8~l~strat°r Public Services Division S EP 1 ~ CHANGE ORDER TO: W.G. Mills, Inc. FROM: Collier County Parks and Recreation 3301 Whit-field Ave. 3300 Recreation Lane Sarasota, F1 34243 Naples, Florida 34116 Project Name: South Naples Community Park Construction Agreement Dated: November 17,1998 Bid No.: 98-2795 Change Order~,o.. Three Date: 9/1/99 Change Order Description: The Board of County Commissioners approved Construction Management Contract Amendment RFP-98-2795 with W.G. Mills for $3,018,698.98 on November 17, 1998. Of this amount, $288,121.00 is allocated to pre-construction services as well as services during construction. The remainder of $2,730,577.98 is allocated to construction costs, reimbursables, insurance, general bonds and sub-contractor bonds. Since approval of the contract amendment, the County requested and received a credit for fill dirt previously stockpiled on site and for the elimination of an effluent meter assembly, and the addition of a Kynar roof f'mish, for a total credit of $19,730.50 (Change Order gl). Following this action, the County agreed to additional work that totalled $45,522.05 (Change Order #2). Since that time, the County has requested electrical conduit for future lighting of a soccer field (RFP~12). Also, the County has requested changes to the landscape plan (RFP#15) and irrigation plan (RFP#16). Additionally, the County has requested additional hose bibbs (RFP#17), material for the playground drainage (RYP# 18), and an electrical outlet for the restroom water fountain chiller (RFP#20). The County has also accepted a proposal to top dress the ballfields (RFP#19) and install the scoreboards (RFP#22). The net result of these changes is a charge of $42,772.72. This change order is necessary to rectify the financial accounting for the project and to direct the contractor on changes to the project. RFP #12 Provide electrical conduit for future lighting of soccer field $3,360.00 RFP #15 Provide landscape changes (-$756.25) RFP #16 Provide irrigation changes $4,200.00 RFP #17 Provide hose bibbs $871.50 RFP #18 Provide material for playground drainage $974.97 RFP#19 Provide top dressing of ballfields $13,780.00 RFP#20 Provide electrical outlet for water fountain chiller $150.00 RFP#22 Provide installation of scoreboards $5,197.50 all items include contractor's allowable 5% fee Change Order No, ~ Page 2 Original agreement amount ........................................................ $3,018,698.98 Sum of previous change orders, amount ....................................... $ 25,791.55 This Change Order Amount [add ] ............................................ $ 42,7??.?2 Revised Agreement Amount ........................................................................ $ 3,01t7,268.25 Original contract time in calendar days .........................................152 Adjusted number of calendar days due to previous change orders .......... 28 This change order adjusted time is ................................................ 0 Revised Contract Time in calendar days ..........................................180 Original Notice to Proceed date .......................................................... 12/1/99 Completion date based on original contract time ................................ 5/1/99 Revised completion date ...................................................................... 6/1/99 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 adjustmem, ff any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the chan~ge~$,et j~rth?erein, including claims for impact and delay costs. Prepared by: ~,.(~~_ Date: ]osd~ F. Delate, ASLA, Project Manager Parks and Recreation Department Accepted by: Date: Ronald D. Waldrop, P.E., Project Engineer Wilson, Miller, Inc. Accepted by: Date: Timothy D. Hensey, Executive Vice-President W.G. Mills, Inc. Authorized by: Date: Marla O. Ramsey, Director Parks and Recreation Department (For Use by Owner: Fund:368 Cost Center: 1156416 Object Code:763100 Project No.:80037) G:\Forms\Change Order Master. doc Revised 02/03/98 EXECUTIVE SUMMARY ..s'PROVE A BUDGET AMENDMENT TO FUND THE PREVIOUSLY APPROVED NAPLES BEACH ENDS PROJECT. Objective: That the Board of County Commissioners approve a budget amendment to fund the Naples Beach Ends project previously approved by the Board. Consideration: Funds for this project were previously budgeted at the request of the City of Naples in Fiscal Year 98. Last fiscal year, the City of Naples did not finish the Naples Beach Ends project as forecasted and the funds allocated for the project were not carried forward into Fiscal Year 99. Recently, the City has indicated that the project is substantially completed, and reimbursement is requested per the original agreement. A budget amendment in the amount orS11,600 is needed since the funds were not carried forward for this project. Growth Management: None. Fiscal Impact: Funds are available in Fund 306 Reserves. ~commendation: Staff recommends that the Board approve said budget amendment. ~es Fitzek, Operatio~ns Manager Department of Parks and Recreation Marla'Ramsey, Director ( J Department of Parks and Redreation Approved by; ' t-'~:at*~~ Date: q.--~-c~cI Thomas W.-~lliff, A~i'~rator Division of Public Ser~ces ' 1999 EXECUTIVE SUMMARY RECOMMENDATION TO CHANGE THE INVOICE PROVISION IN CONTRACT NO. 96-2488, ON-CALL ROOFING AND INSPECTION SERVICES. OBJECTIVE: To change the invoice provision in the On-Call Roofing and Inspection Services Contract, No. 96-2488 that requires the vendor to provide invoices for any parts and/or supplies purchased at $50.00 and over. CONSIDERATION: The contract currently contains the provision that vendors shall provide documentation with their invoice of the cost of parts with the extended price of fifty dollars ($50.00) or more. Staff has received comments from County departments and vendors that the fifty dollar ($50.00) amount is too low. This creates a lot of extra paperwork and time on both the vendor and the department. After research of the matter, staff recommends that the Board increase the current amount of fifty dollars ($50.00) or more to two hundred fifty dollars ($250.00) or more. The revised language would read as follows: Costs for all incidental materials necessary to complete a project shall be listed on the invoice. A breakdown of materials shall be required, including documentation of costs when such costs exceed two hundred fifty dollars ($250.00). Miscellaneous items totaling $250.00 or less will not require documentation. However, the County reserves the right to periodically spot check items less than the threshold. Items under $250.00 will be labeled as "miscellaneous supplies". The County is presently under contract with two vendors for these services. Both are agreeable to this change. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None no._ /b,/..> 1 SEP ! J999 EXECUTIVE SUMMARY PAGE TWO RECOMMENDATION: To have the Board of County Commissioners approve the invoice provision change in Contract No. 96-2488, On-Call Roofing and Inspection Services. Rhbnda Snell, BuYei~ I Purchasing Department Stepheh~. CameO'l, Director Purchasing/General Services APPROVED BY: '~--~ ~, Date: Leo E. Ochs, Administ Support Services EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR REIMBURSEMENT OF OPERATING EXPENSES. ~ To have the Board approve the attached budget amendment appropriating those revenues received for reimbursement of operating expenses incurred for building maintenance and repair items known as special services. CONSIDERATION: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance. This work is titled special service and expenses are passed through to the user departments. Revenues are received from various "consumer" departments as payment for materials used and services performed. When actual request for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. These funds are already budgeted in the user departments and are merely being transferred to the Building Maintenance Section Cost Center. FISCAL IMPACT: Appropriation of $36,200 in reimbursement revenue from user departments for the performance of special services. The associated expenses for the special services are budgeted in the individual user department's operational budgets. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments as addressed/within this summary. SUBMITTED BY: ate: Daniel R. Rodriguez, Facilitater Department of Facilities Management REVIEWED BY: ~ Date: Skip (~"amp, CFM, Director Department of Facilities Management C''c'~i ~' Date: P OWD ° Xdmi ) o Support Services Divis~m~ no. SEP 1 q 1999 Pg. EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $6.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY.'~~e&,~ ~ Date: ~'!t~,~lc~ ' Pam ~/a~is, Revenue Supervisor D~ rtment of~evenue REVIEWED BY: . ~ d~' ~ Date: Terel a A. Riesen, Revenue Manager Jol~ ~,A. Yonkosky, D~ctor DeI atgment ~e~v~._ue ~ APPROVED :L ~'Oh 'A~! ' "'tr~o/r -~ Date: eo c s, m]~str/ittor Support Service.g,.// ~no~ j~'tn SEP 1 1999 Pg. / EXHIBIT "A" 1. FREEHAFER, JOHN, LOT 10, BLK 284, UNIT 8, MARCO BCH SEP ! ~999 EXECUTIVE SUMMARY AUTHORIZATION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT, AND THE MARCO WATER AND SEWER DISTRICT, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 1999 TAX YEAR. OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District the Goodland Water and the Marco Island Water and Sewer District approve the deferment of sewer assessments pursuant to the hardship program that was adopted in the year 1994. CONSIDERATIONS: On March 8, 1994 the Board of County Commissioners adopted -.--.-an assessment hardship program that provides annual assistance for property owners who are living below poverty level and who are at risk of losing title to their homes as a result of sewer assessments. Staff reviewed the applications and determined the deferred portion according to the Federal Poverty Guidelines and other specific criteria set by the Board. The deferred amount will not appear on the 1999 tax bills but only the remaining portion if any. Each property owner must renew his/her application on a annual basis. Property owners who qualified are identified as follows: Project Account Number Deferred Amount Percent of Deferral 51000 450854 $366.77 100% 51000 379304 $274.75 90% 51000 406808 $382.51 100% 51000 337359 $172.20 70% 51000 401256 $224.24 90% 51000 361655 $174.50 70% 51000 212157 $913.17 90% 51000 329956 $211.04 70% SEP 1 1999 Pr~ect Account Number Deferred Amount Percent of Deferral 51000 301408 $327.27 70% 51000 255651 $323.82 90% 51000 230605 $273.60 90% 51000 450508 $412.33 90% 51000 205902 $433.42 70% 54000 495754 $254.48 50% 54000 504302 $250.48 100% The County Attorneys office has reviewed this for legal sufficiency. FISCAL IMPACT: The fiscal impact of the proposed deferral for 1999 is $4,994.58. Sufficient funds are available in the Collier County Water-Sewer District debt service fund to ensure compliance with current debt service requirements. The recordation cost of this resolution in the public records will amount to approximately $28.50 and will be charged to County water sewer operating administration account. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Revenue Services Director recommends that the Board of County Commissioners, Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District, and the Marco Water and Sewer District approve the 1999 sewer assessment deferrals and authorize staff to make appropriate adjustments to the assessment rolls prior to tax bills being issued and adopt the attached Resolution. AGENDA DATE~,~mbe~14,1999 PREPARED BY:_ (~.x,:O~, ~X~~ Date Pa~ Callis, Revenue Supe~isor ~~ent of Revenue . REVIEWED BY: Te(esa Riesen, Revenue Manager Depadment of Revenue REVIEWED BY: ~X~~ Date Jdh~Yonkoskv. ~ect~'r D~dment~e~~ APPROVED BY: .- .' C-.-E' :.~ '~ Date Leo Ochs Jr., Admin~trator Suppo~ Se~ices 2 S EP 1 ~ 1999 1 2 RESOLUTION NO. 99-__ 3 RESOLUTION NO. CWS-99- 4 RESOLUTION NO. MWS-99- s RESOLUTION NO. GWD-99- 7 $ RESOLUTION BY THE BOARD OF COUNTY 9 COMMISSIONERS AS THE GOVERNING BODY OF ]0 COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE ]] GOVERNING BOARD OF THE COLLIER COUNTY ]2 WATER-SEWER DISTRICT, THE GOODLAND WATER 13 DISTRICT AND THE MARCO WATER AND SEWER 14 DISTRICT APPROVING THE SPECIAL ASSESSMENT is HARDSHIP DEFERRALS FOR CERTAIN WATER AND/OR 16 SEWER SPECIAL ASSESSMENTS FOR THE 1999 TAX 1'7 YEAR. 20 WHEREAS, the Board of County Commissioners in its individual capacity 2] as the Governing Body of Collier County, Florida, and as Ex-Officio the 22 Governing Board of the Collier County Water-Sewer District, the Goodland Water 23 District and the Marco Water and Sewer District (hereinafter referred to as the 24 "Board") established by Resolutions No. 96-358, No. CWS-96-9, No. MWS-96-2 2s and No. GWD-96-2 a program for the deferrals of special assessments for water 26 and/or sewer improvements for homeowners who qualify under said Resolutions; 27 and 25 WHEREAS, Section Eight of said Resolutions provides that the Board 29 shall approve by resolution the special assessment hardship deferrals which 3o shall include the property owner's name, mailing address, legal description of the 31 property, property folio number, the name of the special assessment district, 32 account number and the amount of the annual special assessment payment 33 being deferred. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 3s COMMISSIONERS, COLLIER COUNTY, FLORIDA AS THE GOVERNING 36 BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING 37 BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE 3s GOODLAND WATER DISTRICT AND THE MARCO WATER AND SEWER 39 DISTRICT THAT: J SEP 1999 1 3 1. The owners identified on Exhibit "A" have been approved for the 4 special assessment hardship deferral. 5 2. This Resolution shall be recorded in the Public Records of Collier 6 County, Florida. ? 3. This Resolution shall become effective immediately upon its 8 adoption. 9 THIS RESOLUTION ADOPTED after motion, second and majority vote l0 this day of ,1999. Il ]3 ATTEST: BOARD OF COUNTY COMMISSIONERS 14 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE 15 GOVERNING BODY OF COLLIER ]6 COUNTY, AND AS EX-OFFICIO THE l? GOVERNING BOARD OF THE COLLIER ]8 COUNTY WATER-SEWER DISTRICT, 19 THE GOODLAND WATER DISTRICT AND 20 THE MARCO WATER AND SEWER 21 DISTRICT 22 24 25 By:. 26 PAMELA S. MAC'KIE, CHAIRWOMAN 2s Approved as to form and 29 legal sufficiency: 3O 31 ~a 32 / ~ ~ 33 Fy 34 Assistant County Attorney 35 36 37 2 SEP 1 1999 EXHIBIT "A" EAST AND SOUTH NAPLES SANITARY PROJECT DISTRICT NO. 1 DEFERRED ACCOUNT # NAME AND ADDRESS ~ - ~3~1~ NO. & LEGAL DESCRIPTION - '~fEAR AMOUNT 450854 STEVEN AND MAUREEN TEA FOLIO: 77870160006 1999 $ 366.77 51 CONSTITUTION DRIVE TURNER OAK HILL EST 1ST ADD NAPLES, FL 34112 LOT 50 379304 ALMA A. SILVA FOLIO NO: 61840240001 1999 $ 274~75 3275 KAREN DRIVE N G & T C L F 2, 23 50 25 , LOT 22 NAPLES, FL 34112 UNREC TARPON MOBILE HOMES 406808 STELLA SALVATORE FOLIO NO: 64510680008 1999 $ 382.51 2986 BARRETT AVENUE OAK RIDGE MANOR NAPLES, FL 34112 LOT 21 + W 1/2 OF LOT 22 337359 TIMOTHY AND LYNN MCCAMISH FOLIO NO: 53400320007 1999 $ 172.20 114 JEEPERS DRIVE LAKE SIDE MOBILE ESTATES NAPLES, FL 34112 LOT 8 401256 DOUGLAS AND PRISCILLA LOLLIS FOLIO NO: 63502400006 1999 $ 224.24 3415 ESTEY AVENUE NAPLES VILLA NAPLES, FL 34104 - BI-K D LOT 20 361655 ALFONSO AND MERIDA FONTDEVILA FOLIO NO: 61481560001 1999 $ 174.50 2964 LINWOOD AVENUE NAPLES ~ETTER HOMES 1ST ADD NAPLES, FL 34112 BLK 4 LOT 23 212157 R M=& DORIS J FLINT FOLIO NO: 226232000003 1999 $ 913.17 3461 VERITY LANE AVALON EST UNIT 1 NAPLES, FL 34112 BLK 4 LOT 7 · n 329956 SANDRA S COMBS TR FOLIO NO: 51694000009 1999 $ 211.04 ~ · FOR CAROL R SMITH -i'~OMAH BLK K LOT 6 ~' ,. _.. 2348 JACKSON AVEN~E- i; ~' NAPLES, FL 34112 EAST AND SOUTH NAPLES SANITARY PROJECT DISTRICT NO. 1 DEFERRED ACCOUNT # NAME AND ADDRESS ..... :OLIO NO. & LEGAL DESCRIPTIO__N~ .... YEAR AMOUNT -- 3~1408 - MAYDELL DE~-R-O~HER -- ~OLIO NO: 47871400009 19_9_9 $ 327..27 ........ 3307 GUILFORD RD GUILFORD ACRES BLK A N 155FT .... NAPLES, FL. 34112 OF LOT 18, LESS W 20 FT FOR DE 255651 KAREN BOSTIC ...... FOLIO NO: 26681520006 _ 1~999 _ $ 323.82 990 COCONUT CIRCLE EAST ...... cOCONUT GROVE UNIT 3 -- - NAPLES, FL 34104 BLK D L~OT 21 230605 JOHN R. BYGRAVE -FOLIO NO: 24830680003 1999 $ 273.6_0 ....... 1323 EMBASSY LN BROOKSIDE UNIT 1 NAPLES, FL 34104 BLK B LOT 7 450508 GALE V. MC CAIN TR FOLIO NO: 77821360004 1999 $ -412.33 22 CONSTITUTION DR. TURNER OAK HILL EST .... NAPLES, FL. 34112 LOT 42 205902 GODFREY W wEESE :OLIO NO: 00394920003 19-99 $ 433.42 4750 PINE STREET 14 50 25 N 132 FT OF S 372.67 FT OF NAPLES, FL. 34112 E 1/2 OF SE 1/4 OF SW 1/4 EXC HWY ~'~ 2 EXHIBIT "A" EAST AND SOUTH NAPLES SANITARY PROJECT DISTRICT NO. 4 DEFERRED ACCOUNT # NAME AND ADDRESS FoLiO-No. & LEGAL. DEscRiiE:I'I0N YEAR AMOUNT 495754 CLYDE AND CATHERINE MCFRY FOLIO NO: 62042360005 1999_ $ 254.48 5242 DIXIE DRIVE NAPLES MANOR UNIT 1 NAPLES, FL 34112 BLK6 LOTS i-ANI~"~ 504302 , FRANCISCO AND ELIZABETH LOVOS_ FOI_IO N0-:-~6;)09":~480004- 1-~99 $ 250.48 5229 MARTIN STREET NAPLES MANOR-,~)-~ NAPLES, FL 34112 BLK 3 LOT 19 EXECUTIVE SUMMARY ACCEPTANCE OF PROPOSAL FROM DOUGLAS N. HIGGINS, INC., UNDER CONTRACT 98-2783, TO INSTALL A LIFT STATION AND FORCE MAIN AT THE COLLIER COUNTY MAINTENANCE FACILITY ON COUNTY BARN ROAD. OBJECTIVE: That the Board accept a proposal from Douglas N. Higgins, Inc., under Contract 98-2783, to install a sewerage lift station and force main to replace the failed septic system at the County Maintenance Facility on County Barn Road. CONSIDERATIONS: The existing septic system at the maintenance facility is in very poor condition, the drainage field will not drain properly. The drainage problem is aggravated by flooding during the rainy season because of the Iow elevation of the property. On July 29, 1999 three proposals under Contract 98-2783 were received (see attached proposals). The proposals were: Douglas N. Higgins, Inc. $ 77,250.00 Mitchell & Stark Cons. Co. Inc. $ 85,000.00 Kyle Construction $ 88,000.00 The apparent Iow proposal was Douglas N. Higgins, Inc. FISCAL IMPACT: This project was anticipated and budgeted in the Board's Capital Projects for FY 98-99. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: To accept a proposal from Douglas N. Higgins, Inc. for the installation of a sewerage lift station and force main at the County maintenance facility and authorize the Chairwoman to sign a work order after review and approval by the County Attorney's Office. J_~a/c,~ ~0gnale, ~o~r~Cti°n Manager padment of Facilities Management Skip Camp, Director Depadment of Facilities Management Executive Summary (cont.) "~'~ SEP 1 1999 Page 2 REVIEWED BY: . r ~)' DATE: Purchasing Department.. ~ ~':' ' "'"' DATE: ~///~;,~ REVIEWED BY: ~-' .~ , ~" . Leo E. Ochs, Jr., A~ihistrator Suppo~ Sewices Div~ion i Afi~NOA ITE.~ no. 07/29/99 THIJ 10:04 FAX 941 774 4266 DOUGLAS N HIGGINS INC ~001 ! 3390 TRAVIS POINTE ROAD 2887 TAUIAUJ TR/dL EAST SUITE A SUITE 1 ANN ARBOR, U1481C~ NAPLES, FL 34112 (734} 99r~:J,500 (94~) 774-3130 ,.o~<~h 1999 ~<: July Project Manager Department of Facilities Management Collier County Fax: 793-3795 RE: COLLIER COUNTY ROAD & BRIDGE FACILITY LIFT STATION. Dear Bob, We are happy to quote all work for the lift station at the Collier County Road & Bridge Facility. We will complete thc work per your letter dated July 6, 1999 and the Keen Engineering plans dated April 27'h, 1999. We will complete the project for the lump sum price of $77,250. U0. We can begin the job as soon as all material can be procured. Please give mc a call with any questions. (941) 774-3130 Sincerely, DOUGI'ra, S N. HIGGiNS, INC. Daniel N. H'ggins Project Manager SEP 1 zt 1999 E,E.O. Pg. , Mitchell & Stark Construction Company, Inc. ,, 6001 Shirley Street, Naples, Florida 34109 _.. ph.(941)597-2165 fax (941)566-7865 Facsimile To: COLLIER COUNTY GOVERNMENT DEPT.of FACILITIES MANAGEMENT Attn: MR. BOB Pierce, Project Manager @Fax: (941)7q~~ ~-~?~S-- From: Michael DeVito Date: 7/26/99 Pages: 1 Re: Job # 99.1012 Plans Dated April 1999 Sanitary Improvements Environment One-Lift Station complete and operational, shown on plans by Keene Engineering dated 4/27/99. From:Mitchell & Stark Const. Co. Inc. LUMP SUM BID .... $85,000.00 no. n°~_ 6,~_~ gh. 941-597-2165 fax 941-566-7865 I SEPI .1999 C: \lotus \work\wordpro I pO, ~,~ _ Jul-28-99 0g:17A Briant Plumbing, Inc 941 643-4679 P.01 co sr .ucr o , PROPOSAL q.227-,4 ARNOLD dVE. NdPLES, FL 3/+10/'1. DATE 7/27/99 NAME / ADDRESS DF. PT O1: FAC. II,ITIES MANAG. 3301 E. TAMIAM[ TRIAl. NAPLES, FL 34112 PROJECT ITEM DESCRIPTION QTY LS UNIT RATE TOTAL I INSTALL ENVIRONMENT ()NE (iRINDER I'UMP I 88,000.00 88,000.o0 STAI'ION, RELATED GRAVITY SEWER LIN[';S & 2" FORCE MAIN. PRICE INCLUDES: KOAD CROSSING PAV EM[.'.N'[' RE,qTORA I'ION SEPTIC TANK DISPOSAL TESTING PRICE DOES NO'r INCI.HDE: I'ERMITS OR FDEP .aPPLICATION ..................................................... T~:ss.ooo,oo EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF CERTAIN INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE FOR LIVINGSTON ROAD BETWEEN VANDERBILT BEACH ROAD AND PINE RIDGE ROAD CIE NO. 58. OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board"), to acquire by gift or purchase all road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Livingston Road between Vanderbilt Beach Road and Pine Ridge Road. CONSIDERATION: On October 28, 1997, the Board adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62 for CIE #41. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Livingston Road four-laning improvements between Vanderbilt Beach Road and Pine Ridge Road, (hereinafter referred to as "Project"). FISCAL IMPACT: Estimated cost to purchase the right-of-way required for construction of the improvernents is $3,121,466. The cost includes all operating expenses such as title policies, appraisal fees, staff time, and acquisition expenses. Funds are reflected in FY 00 tentative budget for the Livingston Road project (C.R. 862 - C.R. 896) - R/W. Funds plan to be available in the North Naples Road Impact Fee Fund District One and the Gas Tax Road Construction Fund for the Livingston Road Project Number 62071. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan, CIE Project No. 58. RECOMMENDATION: That the Board: (1) Adopt the attached Resolution authorizing the acquisition by gift or purchase the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title required to complete the Livingston Road four-laning improvements between Vanderbilt Beach Road and Pine Ridge Road; and (2) Authorize the Chairwoman to execute the attached Resolution. Page 2 Executive Summary/Resolution Livingston Road four-laning improvements Toni A. Mott, Senior Specialist Real Property Management Department REVIEWED BY: , .~. ,, ~ ~_P,~.~.~ .... DATE: Mitch Momtaz, Project Manager Public Works Engineering Department REVIEWED BY: ~. "--~ left Bibby, P.E., DirectoY Public Works Engineering Department ~VIEWED BY: Leo t. Oehs, Jr., S~ppor~./Services ldministrator 1 RESOLUTION NO. 99- 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER :. 3 COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE 4 OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, § MAINTENANCE AND TEMPOPoMRY DRIVEWAY RESTORATION INTERESTS BY 6 EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE 7 REQUIRED FOR THE FOUR-LANING CONSTRUCTION IMPROVEMENTS FOR 8 LIVINGSTON ROAD BETWEEN VANDERBILT BEACH ROAD AND PINE RIDGE 9 ROAD CIE NO. 58. `10 WHEREAS, the Board of County Commissioners (Board), on October 28, 1997, adopted i '1 Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of `12 the Growth Management Plan in order to establish priorities for the design, acquisition and `13 construction of the various capital improvement projects. The Transportation Element of the County's `14 Comprehensive Plan was adopted in Ordinance No. 97-62; and "" i,5 WHEREAS, the four-laning construction improvemenls for Livingston Road between '16 Vanderbilt Beach Road and Pine Ridge Road are component parts of the Transportation Element of the '17 County's Comprehensive Plan; and '18 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, '19 concurrence, safety and welfare consideralions have been reviewed as they relate to the 20 implementation of said transportation in~provemenls; and it has been recommended by County Staff 2'1 that it is necessary,' and in the best interest of Collier County, Florida, to maintain flexibility over the 22 acquisition of property rights required for the four-laning construction improvement for Livingston 23 Road between Vanderbilt Beach Road and Pine Ridge Road, hereinafter referred to as "Project" as 24 identified on Exhibit "A" attached hereto and incorporated hdr~in by reference; and 25 WHEREAS, the design and construction of said transportation improvements and related 26 facilities have been determined by the Board to be necessary and in the best interest of Collier County; 27 and 28 WHEREAS, the construction of the transportation improvements and related facilities 29 contemplated by the Project are necessary in order to protect the health, safety and welfare of the 30 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements 3'1 of the Growth Management Plan for Collier County. SEP .1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLL1ER COUNTY, FLORIDA, that: 3 1. The Board has considered the environmental factors, safety factors and fiscal considerations 4 relating to the final adopted location of the transportation improvements and related facilities. 5 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway 6 restoration interests by easement ancL/or tile fee simple title interests acquisitions identified on Exhibit 7 "A" are the most feasible locations, both necessary and consistent with the project requirements, in 8 order to pem~it the construction and maintenance of the transportation improvements and related 9 facilities for the four-laning construction improvements for Livingston Road between Vanderbilt .10 Beach Road and Pine Ridge Road, C1E No. 58. .1.1 3. The Board has determined that the construction and maintenance of the transportation .12 improvements and related facilities are necessary for a public purpose and is in the best interest of .13 Collier Count),. '14 4. The construction and maintenance of the transportation improvements and related facilities are .15 compatible wifl~ the long range planning goals and objectives of the Growth Management Plan for .16 Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the road .18 right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration .19 interests by easement and/or tile fee simple title interests identified in Exhibit "A"; and County Staffis 20 hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road 2'1 right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration 22 interests by easement anc[/or fee simple title interests on the properties identified in Exhibit "A". 23 6. The Chairwoman oflhe Board is hereby authorized to execute Appraisal Agreements with the 24 appraisal finn(s) selected from the list of firms pre-qualified by the Board of County Commissioners. 25 The Board further directs staff ,o use appraisal reports or internal compensation estimates as staff 26 determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 27 7. The Board, in accordance with tile provisions of Chapter 125.355, Florida Statutes, hereby 28 formally waives the requirement for a forrnal, independent appraisal report for the purchase of a 29 property where the purchase price of the parcel (the compensation due to the property owner) is less 30 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal ~"'"-report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of- pacje which shall be predicated on "staffcompensation estimates" based upon independent appraisals (and 1 the data therefrom) obtained on similar properties and upon consideration and application of ~ 2 appropriate market value and cost data pertinent to the subject parcels. 3 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject 4 property acquisition, Real Property Management Department staffis hereby directed to offer 5 immediate delivery to the respective property oxvners of the full compensation (as established by the 6 appraisal or staffcompensation estimates in accordance with the provisions of Chapter 125.355, ? Florida Statutes), in return for the immediate and proper execution of the respective easements, and 8 such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in 9 order to protect the interests of the County; and the Board hereby authorizes its present Chairwoman .10 and any subsequent Chainnan/Chaim'oman, for the life of the Project, to execute any instruments '1.1 which have been approved by the Office of the County Attorney which may include, agreements, . '12 documents to remove the lien of any encumbrance, and for any such other pm'pose as may be required .13 for the acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary '14 driveway restoration interests by' easement and/or fee simple title interests. 15 9. In those instances xvherc negotiated settlements may be obtained via the "Purchase Agreement" 16 or Easement Agreement" mecha lis n, lhe Director of the Public Works Engineering Department, or 17 his designee, is charged xvith the responsibility for completion of various capital improvement projects, :' ' '18 and is hereby delegated the autaority to approve the purchase of land interests above the staff " '19 compensation estimate or appraised value and pay normally related costs when it is in the best interest " 20 of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being 2'1 acquired, only when the difference between the purchase price and compensation estimate or appraised 22 value is less than Fifteen Thousand and (!0/100 Dollars ($15,000.00) or the current purchasing limits 23 established by the Collier County Purchasing Department; provided, Project funding is available. 24 10. That the settlement approval authority is delegated b~ ~he Board to the extent that such 2§ approvals do not conflict with lhe provisions of Section 125.355, Florida Statutes. 26 11. The Chaim, oman of the Board is hereby authorized to execute Easement Agreements and 27 Purchase Agreements where the land owner has agreed to sell the required land rights to the County at ., 28 its appraised value or at that amount considered the "Administrative Settlement Amount" as such term 29 is internally used by the administrative agencies of Collier County. 30 12. Where the property owner agrees, by "Purchase Agreement" or "Easement Agreement", to ' :'~'. ' 3.1 convey a necessary interest in real property to the County, and upon the proper execution by the 32 property owner of those easements or fee simple title, and such other legal documents as the Office of ~o._ / ~a ~ 6,.._ -pacje 3- 1 the County Attorney may require, the Board hereby authorizes the Finance Department to issue . warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a o closing statement and which shall be based upon the appraisal or staffcompensation estimate in 4 accordance with Iris Resolution and the provisions of Section 125.355, Florida Statutes. 5 13. All title to prope~ies or interests in properties which have been obtained in the m~er 6 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 7 body of Collier County, Florida, a political subdivision of the State of Florida, ~d ~ such, staffis g hereby authorized to record in tl~e Public Records of Collier County, Florida, said easements or fee 9 simple title and such other instruments as may be required to remove the lien of ~y encmbr~ce from ~0 the acquired properties. 11 This Resolution adopted on this day of ,1999, after motion, second ~d 12 majority vote. 13 ATTESI: BOARD OF CO~TY COMMISSIO~RS OF ~4 COLLIER COL~TY, FLO~DA 15 DWIGHT E. BROCK, CLERK 16 By: Pamela S. Mac'~e, Chai~oman 18 ,Clerk 19 20 Approved as lo form 21 and legal sufficiency 24 Heidi F. Ashton 25 Assistant County Attorney 30 LIVINGSTON ROAD RIGHT-OF-WAY CORRIDOR VANDERBILT BEACH ROAD THE ORCHARDS ! ' V I OAK GROVE I T i L ~ . I N " s i R DANIELS ROAD FIRST BAPTIST i U i ' PUD , N i A i T i HUNTERS ROAD . ~ , p ! F SABLE RIDGE LANE i p i ! E iA O ! S ~ i M BO~LEBRUSH LANE I T i D ~ i O ,. i I , ~,N..,~G~.O.~ 1 1999 EXECUTIVE SUMMARY APPROVE AND EXECUTE A FIRST AMENDMENT TO AGREEMENT TO PROVIDE FOR A SIX (6) MONTH EXTENSION IN ORDER TO UTILIZE FUNDS FROM THE GAC LAND TRUST TO CONSTRUCT RURAL SAFETY REFUGE FACILITIES WITHIN GOLDEN GATE ESTATES ~ff, J~Y_~: Recommendation to approve and execute a First Amendment to Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust ("Trustee") and Collier County, a political subdivision of the State of Florida for and on behalf of the Transportation Department ("County") which provides for a six (6) month extension to utilize a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) from the GAC Land Trust to construct a minimum of eight (8) Rural Safety Refuge Facilities in Golden Gate Estates. CONSIDERATION: On October 13, 1998, the Board of County Commissioners approved the expenditure of $50,000 to assist the Transportation Department in constructing "Rural Safety Refuge Facilities" (Shelters) for pedestrians and bicyclists and to provide a safe place for school children while awaiting buses or parental pickup. The Agreement shall expire on October 12, 1999. At the August 23, 1999 meeting of the Golden Gate Estates Land Trust Committee, representatives of the Transportation Department requested that the Committee recommend a six (6) month extension to allow the Department to complete the construction of the Shelters. The Golden Gate Estates Land Trust Committee recommended 4/0 that the Transportation Department be granted a six (6) month extension to expend the ~-"'-~ximum allocation of Fifty Thousand and 00/100 Dollars ($50,000.00) for a minimum of eight (8) Shelters to constructed in approved locations. The purpose of the allocation from the GAC Land Trust was to provide sufficient funds to initiate the construction of the Shelters within Golden Gate Estates to serve as a prototype for future facilities which shall be funded by other sources. Pursuant to the First Amendment to Agreement, the Transportation Department must construct the Shelters prior to April 12, 2000; otherwise, any and all funds shall be refunded to the Trustee. A First Amendment to Agreement has been prepared by the Real Property Management Department and reviewed by the County Attorney's Office. FISCAL IMPACT: The initial Agreement was scheduled to expire on October 12, 1999. Therefore, the maximum allocation of $50,000 was budgeted in FY 98/99. Staff is requesting that the $50,000 be re- budgeted in FY 99/00 when the expenditure will most likely occur. The funds shall be available within the GAC Land Trust, GAC Land Sales, Building Improvements (Project #60150). SEP '1' 1999 Pg. / GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached First Amendment to Agreement providing for a six (6) month extension to utilize a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) for the construction of Rural Safety Refuge Facilities in order to benefit the residents of Collier County; (2) Authorize its Chairman to execute the attached First Amendment to Agreement; and (3) Approve any necessary budget amendment and/or document in order to re-budget the $50,000 allocation in FY 99/00. PREPARED BY: A '-~' '~~~~A~ ~ GEMENT DIRECTOR DATE: ~:~- REVIEWED BY: --, . -,. DATE: EDWAR.D KANT/~ T _F~AN SPORTATION SERVICES DIRECTOR APPROVED BY: .~--,L~-?:~~ DATE: LEO E. OCHS,J/~., S~,,~ SERVICES ADMINISTRATOR "7 1999 FIRST AMENDMENT TO AGREEMENT '- · THIS FIRST AMENDMENT TO AGREEMENT entered into this day of ,199g at Naples, Collier County, Florida by and between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE ' O.F_.FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS ',TEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is Tamiami Trail East, Administration Building, Naples, Florida 34112 and COLLIER COUNTY, A ~__~TICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE TRANSPORTATION DEPARTMENT OF COLLIER COUNTY, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida, 34112. WITNESSETH WHEREAS, the Trustee and County have previously entered into an Agreement, dated October 13, 1998 (the "Agreement") to provide for Rural Safety Refuge Facilities for use by the public; and, WHEREAS, the Trustee and County are desirous of amending the Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated October 13, 1998 and Ten Dollars ($10.00) and other valuable consideration, the said Agreement is hereby amended as follows: : 1. Paragraph 5, Section (3) of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: 5. (3) The Improvements shall be constructed by the County within eighteen (18) months of the execution of the Agreement by both parties. In the event that the Improvements are - - not constructed by the County within eighteen (18) months from the execution of this Agreement, it is understood and agreed by the parties that the County shall refund and repay to Trustee, within thirty (30) days, any and all Funds which have been provided to the County pursuant to the provisions of the 1983 Agreement. Except as expressly provided herein, the Agreement shall remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as -'i · expressly provided otherwise herein. "NESS WHEREOF, Trustee and County have caused this First Amendment to Agreement to be duly ed on the day and year first above written. AS TO TRUSTEE: COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE DATED: STATE OF FLORIDA, BY ITS BOARD OF COUNTY ' ATTEST: COMMISSIONERS, ACTING IN THEIR CAPACITY AS · DWIGHT E. BROCK, Clerk AS TRUSTEE OF THE GAC LAND TRUST DEPUTY CL~RK BY: PAMELA S. MAC'KIE, Chairwoman AS TO COUNTY: COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE DATED: STATE OF FLORIDA, FOR AND ON BEHALF OF ATTEST: THE TRANSPORTATION DEPARTMENT OF DWIGHT E. BROCK, Clerk COLLIER COUNTY DEPUTY CLERK BY: PAMELA S. MAC'KIE, Chairwoman Approved as to form and e~al sufficiency: '~'; Ashton ~ ~ENOA i TEi~i~ ! ""'" '/ 3t County Attorney Is' P 1999 EXECUTIVE SUMMARY EXECUTE AFFIDAVIT OF NO OBJECTION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONCERNING THE BARGE AT GOODLAND BRIDGE. OBJECTIVE: To assist the developer of The Barge at Goodland Bridge with an application for a permit from the Florida Department of Environmental Protection. CONSIDERATION: The Florida Department of Environmental Protection (DEP) requires an affidavit of no objection from the neighboring upland land owner as a condition precedent to the approval of a sovereign submerged lands application. In the case of The Barge at Goodland Bridge, Collier County is the owner of the uplands adjacent to the submerged land lease area. Staff has prepared the attached affidavit for approval by the Board of County Commissioners and execution by its Chairwoman as a courtesy to the DEP applicant. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, authorize its Chairwoman to execute the attached Affidavit on behalf of the Board. PREPARED BY: DATE: f~~ay es~~d Valuation Coordinator ' REVIEWED BY: f /~) '} ~..~ /~ DATE: Pro~ M~agement Director ~ -~ k -~ S~~~I ~PRO~DBY: ~ DATE: Leo E. Ochs, Jr., S~~ice~ A~i~s~ator SEP I 1999 pg. ~ _ TO: Submerged Lands and Environmental Resources Program Department of Environmental Protection FROM: File No. 112251009/11-0103777-001 Applicant: Maureen Morgan, Inc., d/b/a The Barge at Goodland Bridge AFFIDAVIT STATE OF FLORIDA COUNTY OF Collier County BCC Before me this __ day of ,1999, personally appeared Pamela S. Mac'Kie, Chairwoman, on behalf of the Collier County Board of County Commissioners, who, being duly sworn, deposes and says the she has been advised that Section 18-21.004(3)(d), Florida Administrative Code, states: "All structures and other activities must be set back a minimum of twenty- five (25) feet from the applicant's riparian rights line. Marginal docks may be set back only ten (10) feet. There shall be no exceptions to the setbacks unless the applicant's shoreline frontage is less than sixty-five (65) feet or a sworn affidavit of no objection is obtained from the affected adjacent upland riparian owner, or the proposed structure is a subaqueous utility line." and, as adjacent upland riparian owner to the south of the facility covered under subject sovereign submerged lands application, has no objection to the sovereignty submerged land lease boundary not meeting the 25 foot setback requirement. ATTEST: BOARD OF COUNTY COMMISSIONERS. OF COLLIER COUNTY, FLORIDA, a political Subdivision of the State of Florida By: By: Deputy Clerk for: Pamela S. Mac'Kie, Chairwoman Dwight E. Brock Clerk of Court EXECUTIVE SUMMARY RECOMMENDATION TO AWARD TVVO (2) ANNUAL BIDS, NUMBER 99-2943 AND 99-2944. OBJECTIVE: To award annual contracts for Bid No. 99-2943, Turf Purchase and Delivery and Bid No. 99-2944, Herbicides/Pesticides/Fungicides to be procured by County Departments, CONSIDERATION: Invitations were sent out on May 21, 1999 and opened by the County Purchasing Department on June 30, 1999 and July 8, 1999. All bids are for term agreements for services and/or commodities, and will be purchased on an as-needed basis only. Costs are controlled by the operating budgets of the individual departments. Each proposal has been evaluated by the initiating department and recommendations are listed below. Bid No. 99-2943 - Turf Purchase and Delivery Various County departments have a continuing need throughout the year for the purchase and delivery, or purchase only of sod in assorted types and amounts. Many times the need for sod is immediate and in quantities small enough to be picked up by employees on any give day. Three (3) bids were received for turf. Evergreen Landscape, Leo's Sod and Golden Gate Nursery are recommended for award. Orders will be placed based on the lowest bid per order. Bid No. 99-2944 - Herbicides/Pesticides/Funqicides Bids were requested for various types of chemicals and chemical spray additives for the Stormwater Management Department, Parks and Recreation Department and Pelican Bay Services Division. Staff is recommending award on a line-by-line basis to the lowest responsive bidder(s) for each item on a primary/secondary basis. Attached is the list of recommended awardees (Attachment A). EXECUTIVE SUMMARY PAGE TWO FISCAL IMPACT: It is estimated that approximately $150,700 will be expended for Bid No. 99-2943, Turf Purchase and Delivery and approximately $492,000 will be expended for Bid No. 99-2944, Herbicides/Pesticides/Fungicides during FY 99/00 under these contracts. Funds are appropriated in the operating budgets of the using agencies. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award Annual Bid No. 99-2943, Turf Purchase and Delivery and Annual Bid No. 99-2944 Herbicides/Pesticides/Fungicides as shown herein. SUBMITTED BY: Rhonda L. Snell, Purchasing Agent I REVIEWED BY: Stephen Y. Carnell, Director Purchasing/General Se~ices APPROVED BY: '~-~ Leo E. Ochs, Administrator' Suppod Se~ices Administrator 1999 ATTACHMENT A Bid No. 99-2944- Herbicides/Pesticides/Fungicides HERBICIDES Chemical Primary Vendor Secondary Vendor 2, 4-D per 2.5 gal. cont. Terra Timberland 2, 4-D per 50 lb. bag United Horticultural Terra 2, 4-D Esther per 50 lb. bag United Horticultural Terra Adjuvant per 1 gal. cont. Terra Lesco Ansar 6.6 per 2.5 gal. cont. Helena Southern State Anti-Foam Agent per pint Lesco Timberland Anti-Foam Agent per pint Lesco Timberland (organosilicone) Anti-Foam Agent per pint York Lesco silicone based) Southern Agriculture* Aquashade per 1 gal. cont. Terra Southern State Aquathol K per 5 gal. pail Helena United Horticultural, Terra ~,quathol K per 30 gal. drum Helena Terra Arsenal per 2.5 gal. cont. Helena Timberland Asulox per 2.5 gal. cont, Helena Southern Agriculture Atrazine 4L per 2.5 gal. cont Helena Southern Agriculture Basagran T/O per 1 gal. cont Lesco United Horticultural Buffer per 2.5 gal. cont. Helena Southern Agriculture Copper per 1 gal. Future Horizons, Terra Helena Copper per 2.5 gal. cont. Future Horizons Helena Copper per 5 gal~ cont. Future Horizons, Terra Helena Copper Sulfate per 50 lb bag United Horticultural, Terra, Southern Agriculture Helena Drift per I gal. cont. Helena Terra Drift Control Agent per 1 gal. Helena Terra Foaming Agent per 2.5 gal. Lesco Helena, Terra* Garlon 3A per 2.5 gal. cont. Triax, Terra, Timberland, Helena Garlon 4 per 2.5 gal. cont. Triax, Terra, Timberland, Helena K-Tea Liquid Copper per 2.5 Future Horizons Helena gal. cont. Karmex per 50 lb. box ! Timberland United Horticultural SEP 1 q 1999 . ATTACHMENT A Bid No. 99-2944 - Herbicides/Pesticides/Fungicides (Page Two) Karmex per 5 lb. bag Southern Agriculture United Horticultural Lesco Three Way per 2.5 gal United Horticultural Lesco Manage 10 (1.3 oz.) case Helena United Horticultural Southern State MSMA (Ansar 6.6) per 2.5 Timberland Helena gal. cont. Pathfinder II per 2.5 gal cont Terra, Helena, Timberland Pramitol 25E per 5 gal. cont. United Horticultural Southern Agriculture Reward per case of 4-1 gal. Triax Southern State cont. Reward per 2.5 gal. cont. United Horticultural, Triax, Terra, Helena Rodeo per 30 gal. drum Triax United Horticultural Rodeo per 2.5 gal. cont. Helena Timberland Round-Up 2x2.5 gal. cont. Southern Agriculture Helena Round-Up per 30 gal. cont. Southern Agriculture Southern State Sencore DF (4x5) 5 lb. bag Terra Helena Sonar SRP per 40 lb. drum Triax, Terra, Helena York Surfactant (emulsifier) per Terra Timberland 2.5 gal. cont. Surfactant (for use w/Rodeo) Terra Timberland, Helena* per 2.5 gal. cont. Surfactant (silicone based) Lesco Terra per 1 gal. cont. Surflan A.S. per 1 gal. cont. Timberland Lesco Surflan A.S. per 2x2.5 gal. , Helena United Horticultural Trimec per 1 gal. Southern State Southern Agriculture Trimec per 2.5 gal. Lesco York Trimec Plus per 1 gal. Southern Agriculture York Trimec Plus per 2.5 gal. Terra Southern State Velpar per 4 lb. bag Terra, Helena, Timberland Velpar L per 1 gal. cont. Timberland, Helena Southern Agriculture Weedone None None Weedar 64 per 5 gal. cont. York Terra ATTACHMENT A Bid No. 99-2944- Herbicides/Pesticides/Fungicides (Page Three) INSECTICIDES Amdro per 1 lb. can Southern State Helena Amdo per 25 lb. bag Lesco Southern State Award per 3 lb. cont. Southern Agriculture Helena Award per 25 lb. cont. Helena United Horticulture Diazinon 500 per 1 gal, cont,Lesco Southern Agriculture Diazinon 500 per 2.5 gal contHelena Southern Agriculture Dursban 2E per 1 gal. cont. Southern Agriculture York Dursban 2E Der 2.5 gal. cont.Southern Agriculture Helena Extinguish per 25 lb. bag York Terra Malathion per 1 gal. con.t Terra Mole Cricket Bait 1% per 50 Lesco Southern Agriculture lb. bag Mole Cricket Bait .5% per 50 Lesco Southern Agriculture lb. bag Orthene TTO per 10 lb. bag Lesco United Horticulture Orthene TTO per 1 lb. can Lesco, United Horticultural Helena Orthene TTO per case Helena Southern Agriculture Oftanol 2 per 2,5 gal. United Horticultural, HelenaSouthern State oftanl 5g per 40 lb. Lesco Terra Pagent DF per 2 lb. bag York Pagent DF per 5 lb. bag Terra Seven 80 WSP per case Terra York Slug & Snail Bait per 25 lb. Lesco Southern Agriculture Talistar PL-Granular per 25 Southern State Terra lb. bag Talistar GC-FIowable per 1 Southern State Helena gal Tempo 2 per case Terra York FUNGICIDES Aliette per 1 gal. cont. Lesco Helena Aliette per 4x51b. bags/case Terra Southern State Chipco 26019 per 2 lb. pkg. Helena Terra Chipco 26019 per case Terra York Cleary's 3336 WP per case Terra York Cleary's G per 30 lb. bag Lesco Terra GENOA, .o. /~/:> SEP '~. 1999 _ ATTACHMENT A Bid No. 99-2944- Herbicides/Pesticides/Fungicides (Page Four) Dithane WF per case Terra Southern Agriculture Lesco Daconl 2787 per 2.5 gal cont United Horticultural, Lesco, Helena Southern Agriculture, Southern State Subdue Max WSP per 1 gal. Helena United Horticultural Subdue GR per 30 lb. bag United Horticultural Terra WETTING AGENT-COLORANT Nu-Film 17 per 5 gal. cont. Lesco Timberland Colorant (blue) per 1 gal. Southern State Timberland *Because of the ratio dilution mix used by Aquatic Plant, the following vendors / chemicals are Iow bid. They are in the Secondary vendor column. Anti Foam Agent (silicone)-Southern Agriculture; Foaming Agent-Terra; Sudactant (Rodeo)-Helena. ~.~,~ x;r~,.~- ,o. / au 7 SEP 1~ 1999 EXECUTIVE SUMMARY RENEWAL OF THE CONTRACT BETWEEN FLORIDA EMPLOYERS INSURANCE SERVICE CORPORATION ("FEISCO") AND COLLIER COUNTY. OBJECTIVE: To seek approval to renew the contract between FEISCO and Collier County for Workers' Compensation Claims Administration Services. CONSIDERATION: Since 1985, Collier County has operated a self-insured program to finance its Workers' Compensation claims. On October 1, 1996 the Board entered into an agreement for Workers' Compensation Claims Services with FEISCO for the management of the claims function. The original term of the contract was for three years ending on September 30, 1999. At the expiration of the agreement the parties have the right to continue the agreement on a year to year basis subject to the approval of both parties. Currently, the County pays $37,485 for claims administration service. Staff seeks approval from the Board of Commissioners to renew the current agreement with FEISCO to reflect an additional term of three years subject to the fees as proposed and subject to the continuation of the current scope of services. FEISCO has submitted a three-year price proposal to continue this service as follows. Year 1- $37,000 to 200 total claims. All claims over 200 to be billed at $650 per lost time claim and $110 per medical only claim. Year 2- $38,000 to 210 total claims. All claims over 210 to be billed at $660 per lost time claim and $115 per medical only claim. Year 3- $40,000 to 220 total claims. All claims over 220 to be billed at $670 per lost time claim and $120 per medical only claim. FEISCO is one of the largest insurers of Workers' Compensation coverage in the State of Florida. As such, it maintains one of the broadest managed care networks in the State. Staff is requesting that the Board authorize staffto further amend the existing agreement to permit the utilization ofFEISCO's statewide managed care network as needed. Such an amendment would enable the County to access FEISCO's Medical Advantage Plan ("MAP"), which includes a prescription drag component, a component not currently enjoyed by the County. In addition, it would enable the County to negotiate through FEISCO with physicians and facilities it cannot currently access. The utilization of the FEISCO Medical Advantage Plan will require application and approval from the State of Florida and a fee of $1,000. The fee charged by FEISCO for access to the MAP program is 45% of savings below the state workers' compensation fee schedule (example: if the state fee schedule is $80 and the MAP fee is $60 the fee payable to FEISCO would be 45% of $20 or $9). SEP I ~ 1999 ------ FISCAL IMPACT: Funds are budgeted within the Workers' Compensation Self- Insurance fund for the purchase of claims administration services. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the renewal of the agreement between FEISCO and Collier County for a three year term beginning October 1, 1999 and approve an amendment of the agreement authorizing access to the FEISCO MAP network as described above with such amendment to be executed by the Chairwoman, subject to the approval by the County Attorney for legal sufficiency. J~f/~alker, CPCU, ARM, Director, Risk Management Steve ,~au,,~l, Purchasing and General Services tor Leo Ochs, Jr., St~o~ Services Administrator I SEP 1 q 1999 ATTACHMENT A · COLLIER COUNTY GOVERNMENT THIRD PARTY ADMINISTRATION Claims Administration Service Fee: Three Year Program Year 1 Minimum: $37,000 up to 200 total claims. All claims over 200: Lost Time @ $650/per claim Medical Only @ $110/per claim Year 2 Minimum: $38,000 up to 210 total claims All claims over 210: Lost Time @ $660/per claim Medical Only @ $115/per claim Year 3 Minimum: $40,000 up to 220 total claims. All claims over 220: Lost Time @ $670/per claim .. Medical Only @ $120/per claim Service Fee Includes: Claims Management · 24 Hour Claims Reporting · Notice of Injury (NOI) filing · Claim File set up · Determination of compensability · Exclusive Lost-Time and Medical-Only Adjuster · Staff attorneys supervise all litigated claims · Adjuster Attendance at Hearings/Conferences · On-site claims reviews · State Regulatory Reporting · On-Line Computer Access · Monthly Data Distribution · Coordination with Excess Carrier CLAIMS FUND DEPOSIT: On Deposit A run off fee for open claims would apply only if in the future FEISCO is no longer the TPA for Collier County Government. Cost of run-off is 1.10 loss conversion factor. ] A~NOA [TEH I SEP 1999 EXECUTIVE SUMMARY RENEWAL OF THE CONTRACT WITH CRAMER, JOHNSON, WIGGINS AND ASSOCIATES FOR PROPERTY AND CASUALTY INSURANCE ADJUSTING SERVICES. OBJECTIVE: To seek approval to renew the current contract with Cramer, Johnson, Wiggins, and Associates for Property and Casualty Adjusting Services. CONSIDERATION: On October 1, 1996 the Board entered into a contract with Cramer, Johnson, Wiggins and Associates (herinafter referred to as CJW) for Property and Casualty adjusting services. The initial term of the contract was for three years with the option to renew for two additional one year periods subject to terms and conditions negotiated at that time and subject to Board approval. Renewal quotations were sought from CJW and are as follows: Period Annual Fee Maximum Reportable Claims 10/1/99 to 9/30/00 $50,231 206 "-" 10/1/00 to 9/30/01 $51,656 212 If the number of claims exceeds the maximum then additional claims will be billed as follows: Type of Claim Fee per Claim Auto liability - BI $395.00 Auto liability - PD $195.00 Auto Comprehensive/Collision $150.00 General liability - BI $365.00 General liability - PD $180.00 Property (Real & Personal) $375.00 Professional Liability Errors & Omissions $525.00 Crime $525.00 These proposed fees compare to the following previous three years: 10/1/96 to 9/30/97 $43,476 190 10/1/97 to 9/30/98 $44,780 195 10/1/98 to 9/30/99 $46,123 200 Even with this proposed fee increase, the fees remain competitive as they are below the proposed fees of the previous administrator performing this service in 1996. Given the reasonable amount of increase proposed and the acceptable performance of the contractor over the previous three years, it is recommended that the contract be renewed. FISCAL IMPACT: Funds are budgeted in the Property and Casualty Insurance Fund for this purpose. Estimated costs in FY 00 are $50,231. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the renewal of the contract with Cramer, Johnson, Wiggins and Associates and authorize staff to draft any necessary contract ammendments for the execution of the Chairwoman of the Board of Commissioners subject to the approval of the County Attorney as to legal sufficiency. SUBMITTED BY: .Z.~:,,~-'''~-~ - - Date: c?/-, . z / ~efP Walker. CPCU, ARM, Director, Risk Management (')C',£' //-' ,?,~ REVIEWED BY: ~07 ,-~. t,.Z~¥~['[t Date: ~>~o ~1 ~ d~ Steve ~amell/Purc~asing aha General Services Director ---- REVIEWED BY: .... ~ ~ ,' -- * Date: P ' / Leo E. Ochs, Jr., Support Services Administrator ATTACHMENT A ~d~ ~oH~ 328~ Je~ Wsl~er, ~ A~s~on BI~ 4~ Floor Naples, Florida 33962 8ubjea: Rm~al-c~ ideation Se~ Con. ct Dear As you are aware, IbiS Contract comesup for tencwalOcto~ 1, 1999. The o~ agreemcutwas entered October 1; 1996 for a period of three (3) of the at~,cment~ ~e Counl~. has the option to renew this Contract for tw~ (2) additional on~ year l~rlods, subje~ ~o fees negbtiated aI such time a.ad appwved by bo~ parties. The OcWber 1, 1998 to September 30, 1999 Flat AmmalFee is $44,123. It appearathaI th~ number of reportable claims will not ~xceed the maxim-m number stated within thc Contract, additional fees or charges will be incmred by the County for ~ conuact yeah It does not appear th~_i any additiona changes will be ne~cl in contract provisiox~, with the exception of fees~or the renewal years 1999-2000 and 2000-2001, I hay= Lucludcd our pmpoaed fees for those year~ and please find same attached. They can simply be added to tl~ "FEES'' aeotion on Page (7) of the present Contract. l/I recall con'ectly, we used your contract format and I assume you will be forwatdin& a Draft to me which tn¢lud=s the ~ Fe~ 8ch~ulc ii'agreed. Please call me if you neecl addit/onal informationor ~xplanalionon tl~ attadmL It has been CoW's distinct pleasure. ~o serve Collier County Oovcu'ament and your office for the past three years. I believe we have:estabLished ateam that has l~fOnned v~ll for thc people o£ CoLlier County. The co-operation be/were our staff and yours has led to quick v~ponse, good follow up and fair settlements, which we hope lo continue for many y~t~ to come. I pl~'dl~e my personal efforts to that end and look fo~ard to wo~ldng with AO~NO~. L'r£~ SEP 1 q 1999 Fees for serviccs providcd shall be charged as follow, s: ~ ~ Maximum Number of'Reoonable Claims 10ll/99 to 9/30/00 $50231 206 10/1/00 to 9/30/01 $51656 212 The definition of'claim" in rclationto C, IW's fees is on a per occunence, pcr claimant and pcr li~ ofcoYeragc basis. Iftotal claims in any contract ycar exceed thc Maximum Number of Rcpoaed Claims listed above, COUNTY shall bc charged on a per claim basis according to cbc $ch~lule of Fce$ included M this CONTRACT. Ally fees owed will be billed at t~ complction of thc CONTRACTyea~. If any propertyloss or lossc~, either real or pennnal, exceed $100,000 for any single occurrencc~ C, YW shall bill for adjusting scrvices for such loss or losses on a time taxi ~pcr~c basis at a talc of $65 p~r hour and shall bc in addition to the Flat Annual Fc~ includcd in this CONTRACT. Auto liability-BI! $395 Auto liability-PD $195 Auto Comprehc .n.SivedCollision $150 Ocneral LiabilitY-BI $365 Gencral Llabilir'J-PD $180 Property (Rcal 81 P~onal) $375 Professional Liability (F.~O) $$25 Crime $525 In the evcm any opra or cloacd fide assigned by the COUNTY becomes s "REPORTABLE" loss to the CO .UB~S excess can'icr, m dcrmed by that carrier's z'equirements, _,.,,_ti CIW must report to that carri~ through C.YW'$ c~rpomtc office in Orlando, Florida, no additional charges will be added or provickid to Collicr Coum7 for those services. ' CYW will:bill thc COUHTY on a monthly basis at the end ot'each nmath of service for the pr~diug m_ont~ with the firat billing to talin place on November I, 1999.Any additional f~es owed will b¢ billed at thc completion of the (2OHTRACT year. EXECUTIVE SUMMARY RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS OF CONSENT/ EMERGENCY ITEMS APPROVED BY THE COUNTY ADMINISTRATOR DURING THE BOARD'S ABSENCE OBJECTIVE: The Board of County Commissioners ratify consent/emergency items approved by the County Administrator during the Board's absence during the period August 4th through September 2, 1998. CONSIDERATIONS: At the June 23, 1998 regularly scheduled meeting, the Board of County Commissioners authorized the County Administrator to approve consent and emergency items during their scheduled absence. The following items were approved by the County Administrator and are herein submitted for acceptance by the Board. A) Award RFP 99-2952 for tennis and basketball court resurfacing. B) Budget amendment report - budget amendments #99-383, #99-394, #99-398 and #99-401. C) Approve Bid #99-2964 - Lely Golf Estates beautification MSTU roadway grounds maintenance. D) Award Bid #99-2956 - Airport-Pulling Road grounds maintenance service. E) Award Bid #99-2941 for the purchase and delivery of pine straw mulch to Custom Pine Straw, Inc. F) Approve a budget amendment for the Eagle Creek master pump station and force Main Project No. 73057. G) Award Bid #99-2954 for emergency and scheduled sewage hauling. H) Approve a budget amendment for Pathways Project 69081. I) Approve budget amendment to recognize revenue from tower lease site at Vineyards Community Park. J) Approve a budget amendment to fund the previously approved Naples Landing Project. AGENDA ITEM. SEP 1 1999 1 _l K) Approve budget amendment to recognize revenue from building loss insurance proceeds, L) Approval of a sublease agreement with South Florida Water Management District and GTE Wireless of the South, Inc. M) Approval for sole source purchasing of 800 MHz radio equipment and services. N) Approve a budget amendment to Fund 517, Group Health Insurance. O) Award Bid No. 99-2953 for the purchase of personal protective equipment. P) Budget amendment report - budget amendment t/99-399 and #99-413. Q) Board approval for a modification to Work Order RCA-98-BR-01 with Better Roads, Inc. for construction of Shadowlawn Dr. and Davis Blvd. intersection improvements - Project No. 69183. R) Budget amendment report - budget amendment #99-418, #99-423, #99-395, #99- 412. FISCAL IMPACT: As stated in the respective executive summaries. GROWTH MANAGEMENT IMPACT: As stated in the respective executive summaries. RECOMMENDATION: The Board of County Commissioners accept and ratify the above listed items which were approved by the County Administrator during the Board's absence during the time period stated above. Prepared by:. Barbara Pedone, Executive Secretary to the County Administrator AGE'ND~ ITEM .... No_ I G E(.--i ~_ b:," ! lgg!t .. EXECUTIVE SUMMARY AWARD RFP 99-2952 FOR TENNIS & BASKETBALL COURT RESURFACING. Objective: To award RFP 99-2952 to the recommended proposer for resurfacing and repairing of 13 tennis and 3 basketball courts. Consideration: RFP 99-2952 was posted on May 26, 1999 with invitations for proposals sent to nine vendors. Three vendors submitted proposals: U.S. Tennis and Fitness, D & B Tennis, and Budge Tennis. The selection committee reviewed the proposals based on contractor qualifications, references, the responsiveness of proposal, office location and price. In consideration of this criteria the committee recommends award to U.S. Tennis and Fitness. (See enclosed RFP tabulations.) Fiscal Impact: Funds for this work are appropriated in the Parks coC,: r,,..,t, ~,,,~ Fund (e,,o t ). Growth Management: None Recommendation: That the Board of County Commissioners award RFP 99-2952, Resurfacing and Repairing of Tennis and Basketball Courts, to U.S. Tennis and Fitness in the amount $40,411. Prepared by: .~-_ .~ .' ... Date: James K. Fitzek, Operations Manager, Department of Parks and Recreation Maria Rmsey, Direct/ Department of Parks a~ Recreation Reviewed by: . '/.,-~,~.~.._, /~'~ Steve Carnell, Director Purchasing Department Thomas W. Ollifl; ~inistrator Division of Public Services AGENDA_Iq;EM/ ~ NO ~t~ ~-(_~ ~ ,4: pg ..... I ......... EVALUATION RECAP-FINAL RANKING STANDARDS RFP #99-2952 "Resurfacing & Repairing of Tennis & Basketball Courts for Collier County" NUMBER OF 1sT NUMBEROF2.~' NUMBER OF 3R'D ! sUM OF " PLACE PLACE PLACE RANKING NAME OF FIRMS RANKINGS RANKINGS RANKINGS SCORING 8~aa~ T~.,.,,'s /11 ~ I = 6 ~),w~ T~m's l/l~ ~, ~= ''~' ' FIRM/RANKINGS FIRST /-~ ,~. 7-¢.'~.,~' ~cc~". ~ ~/A.2..~ .... SECOND THIRD FOURTH Sel~c/~on Co~m'ittee Chairman's Signature (This weighted scoring paragraph may be added as needed, and point values may be changed as desired.) NOTE: Ranking scoring is determined by multiplying each 1st Place Ranking by 3 points, each 2n~ Place Ranking by 2 points, and each 3~ Place Ranking by 1 point, The Final Ranking order is determined by the highest to lowest Ranking Scoring totals. : AGENDA LTEM ,." 1 No. I APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/14/99) General (Fund 001) Purchasing Department Budget Amendment #99-383 Operatin~ Expenses Other Operating $5,000 Capital Office Equipment (5,000) Total -0- Explanation: Funds are needed due to additional square footage obtained for the mailroom last summer which resulted in higher utility costs. Sewer System Development Fees (Fund 413) Budget Amendment #99-394 Operating Expenses Electricity $3,022 Reser~'es Reserve for Capital Outlay (3,022) Total -0- Explanation: Funds are needed for 277/480 volt three phase service to county lift station at Tower Road. General (Fund 001) Public Information Budget Amendment #99-398 Capital Data Processing Equipment $7,300 , Reserves General Fund Reserves (7,300) Total -0- Explanation: Funds are needed to replace the mixer in the sound system in the County Commissioners' Board Room. The system has been experiencing problems in the past few months. Scientific Sound Systems, Inc., the company that installed the system in 1990 and has maintained it, recommends that the mixer be replaced. After careful analysis by the vendor and the Public -_ Information office, they believe this will enhance the system as well as alleviate the problem the system has been experiencing. ...... Solid Waste Administration (Fund 470) Budget Amendment #99-401 Operating Expenses Naples Transfer Station $4,100 Marco Transfer Station 3,100 Administration (7,200) Total -0- Explanation: Additional funds needed for overtime to complete processing of corrugated cardboard and unexpected repairs in FY99. 5£? 1 q ~35g .':XECUTIVE SUMMARY APPROVE BID #99-2964, "LELY GOLF ESTATES BEAUTIFICATION MSTU ROADWAY GROUNDS MAINTENANCE." ~;ZB.,).E.C_TJ~[: To obtain Board approval for the award of Bid #99-2964 for the Lely Golf Estates Beautification MSTU Roadway Grounds Maintenance for FY 1999-2000 to Environmental Care, Inc. CONSIDERATIONS: ]. On June 21, 1999, the Purchasing Department sent notices to forty-eight (48) vendors for grounds maintenance of the Lely Golf Estates Beautification MSTU roadways. 2. On July 6, 1999 a non-mandatory pre-bid meeting was held. 3. On July 21, 1999, three (3) bids were opened. Staff reviewed the unit pricing. A mathematical error was found in the bid submitted by Advance Lawn and Landscaping, Inc., which increased their bid by sixty dollars ($60). This error did not impact the Iow bid amount submitted by Environmental Care, Inc. A copy of the corrected Bid Tabulation is attached. 4. Staff recommends award of Bid #99-2964 to Environmental Care, Inc. as the lowest, qualified and responsive bidder. On August 6 1999, staff presented the bids to the Lely Golf Estates Beautification Advisory Committee for their review. The Beautification Advisory Committee concurs with the recommendation of Staff. FISCAL IMPACT: Funds are budgeted in FY 1999-2000 in the Lely Golf Estates Beautification Fund 152-162541-634999 in the base amount of $48,023.50. Contract incidentals in the amount of $5,000.00 will have to be taken from Reserves, for a total award in the amount of $53,023.50. GROVVTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board award Bid #99-2964 "Lely Golf Estates Beautification MSTU Roadway Grounds Maintenance" to Environmental Care, Inc., in the amount of $53,023.50 and authorize the Chairwoman to execute the Contract after review by the County Attorney's office. Danie~C~a~e, EI)ej+f'~eCJ'l, ~pe Services Operations REVIEWED BY: h~~ DATE: Edward J. K~"~, ~/, ~ortation Services DirectOr StephEn'Y._ C~rQ.~(~..Purchasing Dire~tor ~:::'~ ,~ )/ ~' AGENDA ITEM Ed Ilschner, P~ks Administrator -' ' SF? 1 1999 Bid #99,: Lely Golf Estates MSTU G, ,, s Maintenance Service · Project Title: Lely Golf Estates MSTU Roadway Grounds Project Mgr: Inquiries Sent: 47 Maintenance Service Tabulation for Bid: 99-2964 Dan Deeesare Packages Rec: 3 Opening Date: 21-Jul-99 Monthly Cost . :!:i:i:{:!:i:i$:liiZ48i00 $1,408.33 i:i:i:i:i:i:!:!$il!;38:!:i25i :::::::::::::::::::::::::::::::::::::::: ................. Trash Removal Unit Price ':-:':':':-:':: ::::$22~5:0: $81.00 ::::::::::::::::::::::::::::: ========================================= f Street Cleaning Unit Price ::::::::::::: ::::::$:::::: $108.00 ::::::::::::::::::::::::::::::: :::::::::::::::::::::::: :::::5:::::: !=, Monthly Cost :: ::.::.: :i:i:i:i$~$i00. $468.00 :: :: ::: ::.i $260i0~ ::::::::::::::::::::::::::::::::::::::: ~ i TOTAL COST/MONTH {SUBTOTAL "A") :::::::::::::::::::::::::: $3,657.32: :i:i:i:i:i:~: 2.S ~gT. ~,/ ::::::::::::::::::::::::::::::::::::::::: ,,,,a, ~-~ ~.~ -a-- ,.,-,, II SEPARATE MAINTENANCE FUNCTIONS -....:.:.:: :.: :-:--:::::..:-: .:: :.:.:.: :...:::::::. : .. ::: :...: .... ::::::: ::: ua ~ A FERTILIZATION · -./ Turf, Grq.undcoVer, Shrubs A Trees Price per Bag 'i¥i!i!i:!:!!i:i:!:i!::'~i:~: $3.00 :::::::::::::::::::::::::::00 :::::::::::::::::::::::::::::::::::::: .~_~ _/ Sequestrene Iron Drench Application Price Each Price for 4 :' '": :'::: ::$908:00 A1.000.00 ::::::::::::::::::::::::::: ::::' :.:::: :::':':::::: :::::.::::: ' '~'~.3 Page 1 of 11 Bid #99-2964 Lely Golf Estates MSTU Grounds Maintenance Service andSeptember }!i!i!?}i}i}i??i?i!}!}!}!i =================================== Price for 2 Cu~ ::::::::::::::::::::::::::$60.00 :::::::::::::::::::::::::: .:.:.:.:.:.:.:-:':':.:':':':-:':.:-:':.:' Price for 95 Cuts ~:~:~:~:~:~:!:~:8~0 $1,425.00 :::::::: ::::::$1:;529~90 ~:~'~:~:~:~:~:~:~:::~:~:~:~:~:~:~:~?~: Washington Pa~s Price per Cut ::::::::::::::::::::::::::: $15.00 ::::::::::::::::::::::::: O0 :::::::::::::::::::::::::::::::::::::::: Pine for 44 Cuts ::~:~:~:~:~:~:~:~6~ ~9 $660.00 :~:: :::~:~:~:~:~00;~01 ::::::::::::::::::::::::::::::::::::::::: Paurofis Palms Price per Cut :::::::::::::::::::::::::: $15.00 ~:~:~:~:~:~:~:~:~:~:~:$40:0~ :~:~.~.~:~.~.~:~:::~:~:~:~:~:~:~:~ $?~.00 ~:,~20~o , .:.:.:.:.:.:.:.:.: :.:.....:-:-:.:.:.:-:-: Phce for 12 Cuts ~:,+~:~:(:(:~:~:~:$i62;¢0 $180.00~:~:~:~:~:~:~:~:~:~$i92;~0: '~~j~j~ S~TOT~ "E" S~Y OF ~U~ COSTS "?~'~'~'~'~::'5'~'~ ~ ~ ~ ~ ~: '?~ ??~'~'~'~':'~'~'~'~ ~Basic Maintenance Functions t(Subto~l"A" X 12 Monks] :::::::::::::::". I S~arate Maintenance F~ctions for: :~:~:~:~:~:~:~:?~:::~:~:~:~: Fe~lization (Subtotal "B") 'j~}~'.~$~6~6 $3,010.00 :::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: Miscellaneous Site Fixtures & Features ~: :::::::$t:;8:72:001 $520.00 ::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: '-''''-'-'''.'.'-.'.'...-, X-~2X~-X-X-~'X'~''X- X2'X X-i-X-?'~'.-X.i~.~2 ' '"'"'"'"" ' ' ' '"'"'"' :'~ .............................,. ................................... Canoov Tree (Subtotal "D" X 2~ '"'""'"" ..... ""~ ........ .......-............. Page 3 of 11 Bid #99-2964 Lely Golf Estates MSTU Grounds Maintenance Service :E~v!ro~men~al~ Commercial Ad,auld Palm Prnning (Subtotal "E") ::::: !-$2:}2:29iS0 $2,340.00 Rental Cost per da~ of 4000 gallon tanker with operator :-: :,:.:-: :.:$95~:00 NA .. 1 Gallon Container ...,...:..:..........:.;,....... ::::::::::::::::::::::::::::::::::::: Florida Gama erass Price Each ::::::::: ::::::::::/::::::::::::: $9.00 :::::::::::::::::::::::::::::: ::::::::::::::::::::::::5:::::::::::::::: Juniper'Parsonii' Price Each ::::::::::::::::::::::::::::::::::: $5.00 :::::::::::::::::::::::iS:::: ========================================== ::::::::::::::::::::::::::::::: ................................ Liriope 'Evergreen Giant' Price Each ii!iii}}iiii}!ii i i }ili !}! !!''''''''''''''' $5.00 ::i:: :i: ::,:: :i:i:i:i$3i$0 i:::i:i:i:i:i:i:i'i:i:::i:i:i:i:i:i:i:i:i: Purple Queen Price Each ::::::::::::::::::::::::::::::::: $5.00 ::::::::::::::::::::::::::::::: ========================================== ,Dwarf Bougainvillea Price Each :::::::::::::::::::::$::::: $13.00 ::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::: Fakahatchee Grass Price Each ::::::::::::::::::::$:::0: $13.00 ::,:i:i:!::,:i:i:':i:i:i:i$~00 ::::::::::::::::::::::::::::::::::::::::?:,, ............... · . , ........................., .................,.,............... ..-........,-...-.......-,-,..-.-...i.i.-i Florida Privet Price Each .i:!:!:!:i:i:i:::i:::$i2i00 $13.00 ::i:i:i:i:i:i:!:!:!:i:$ii0i00 :::::::::::::::::::::::::::::::::::::::::: '. ...... ' ................ '-'.':','. ' ~ ' i-i-~- · .'.'-i-.....'.-'..',-'..?.-',-55. Page 5 of 11 Bid #99-2964 Lely Golf Estates MSTU Grounds Maintenance Service ITEM DESCRIPTION iii!!iiiii!iC~iiiiiii!ii!: Land Maint :::::::::::::::::::::::::::::::::::: Thryallis Price Each ::::::::::::::::::::$:::::: $13.00 .:.:.:-:.:-:.:.:.:.:.$}0200 ................ :':':':':':':':':':':'........... - - -...............-... ':':': :':':':':': Tumera 'Yellow Alder' Price Each ;~:,::,::,::::: ::,:!$i5~00 $13.00 ':':':':':':':':': !:!$i~:0,0 Wax Myrtle Price Each :':':':':':':':':':::$1~:00 $13.00 ::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::: Saw Palmetto Price Each ========================= $35.00 ::::::::::::::::::::::::::::: ............... i;i:!:!'i'i'!':'!'i'i'i'i'i'i'i?i:::!:i:. ................ Sea Oats Price Each :i:!:i:i:!:!:i:i:i:i$iS~0: $17.50 'i:!:!:!:i:i:i:i:i:i::,$iili:00: %:::::::::::::::::::::::::::::::::::::: Silver Buttonwood Price Each :.:.:.:.:.:.:.:.: :'$15:00: $13.00 ........-.--::::::$10:00. . ::::::::::::::::::::::::::::::::::::::::: ............... Simpson Stopper Price Each :::::::::!:$i~2i00 $17.00 !?!:i:i:i:i:i:i:i:i$!!l!i(!0 :::::::::::::::::::::::::::::::::::::::: Varigated Pittospomm Price Each :.i-:-:.i.!.!.i i:i$i2~00: $13.00 :i:i:!:i:!?i:!:!:i:!$ii]~00 ::::::::::::::::::::::::::::::::::::::::: Waiter's Viburnum Price Each i i:i:i::: :!:i:::i:$i~i00 $13.00:'..:.:...:.:..:.i:i:$i0i00 ::::::::::::::::::::::::::::::::::::::: d 10 Gallon Container i:i::::i:::::::::: :::::::: ::::::::::::: Bottlebrush'Red Cjuster' Price Each ::::: ::::::::::::::::: $95.00 :: :':!:i:i:i:i:i:!$75i~Oi ::::::::::::::::::::::::::::::::::::::::: Cardboard Palm Price Each U :.:...:.:.:::$i00i00 $110.00 :.:.: :.:.:+:.:.:.::$$5:0: :-:.:.:: ::::::::::::::::::::::::::::: Cattle Quava Price Each ::::::::::::::::::::::::::::::::: $85.00 ::::::::::::::::::::::::::: :':':':':':: :::::::::::::::::::::::::::: -:-:.:.: ::::::::::::::::::::::::: $85.00 :!i!:,::,::,::,::,! :i:i:i$?~:~0 .:':':':-:':-:-:-: ::::::::::::::::::::::: Crinum Lily Price Each -- ..........,-,-r'.:.:.:.:.:. ~ ............. ::::::::::::::::::::: Grape Myrtle Price Each i'i'i?i::?!!i!i!i!i!i!i?i!i!i $85.00 :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: ............... · '"' '"'" ' ' '" '::' ' :'" $85.00 ::::!:!:i:!:!:i:i:i:$7$i00 '"'"'"'" "'"'""'"'"'"' ' '" Hibiscus Standard Price Each './<.'.'.'.:: :-:.:.:.:-:-:' ::,::: :':':':':':':'::: :' 4444:: X4 XC4444: King Sago Price Each ........... :.. $120.00 .i.:.:.:.i:i:i:i:i:$~OO;00 '" :'"' "'""'""':'"'" '"'"' [ [gustrum Price Each :::::::::::::::::::::::::::: $85.00 :::::::::::::::::::::::::: ...............-.-.-...-.-.....-:.. ct~ ~Z ~vrsine Price Each :i:i:i:!:!:i:i:i:i:i:i:!:i:i:i:i:i: $120.00 i!i!i!i!i!i!i:!:i:i:$iT$i00 ::::::::::::::::::::::::::::::::::::::: ~-'~ [' C :::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::-.:::::::::::::::::::::::::::::::::::::::::,...-...-.....,.......... -"' [ ilver Buttonwood Price Each ! :,i.i.:.i,i.l-i-!-!-!'!:i:!:i-ii $85.00 :::!:i:i:i:i:i:i:i;i:!$75~D0 ::::::::::::::::::::::::::::::::::::: ,t~ Pa.c,., ~f 11 Bid #99-2964 Lely Golf Estates MSTU Grounds Maintenance Service ITEM DESCRIPTION , :Environmental: Commercial .:..............=...........:-..- :.:...:.:.:.:.:.::.:.::.:.:.:.:.:.:.:. . · ::: :::::::::::::::::::::::::: :Ad~a~t~diL~n i:i:i:i:i:i:!car:ei:i:i:i:i:i:, ............... ,.,., Land Maint ...........::::::::::::::::::::::::::::::::::...:.:.....:.....:.., Bottlebmsh 'Red Cjust~'r' Price Each ::::::::::::::::::940:::: $350.00 :::::::::::::::::::92::::: ::::::::::::::::::::::::::::::::::::::::: Crape Myrtle Price Each !:!:i:!:!:!:i:i:i::z~00~00: $350.00 :::::::::::::::::::~:7::.00: Dahoon Holly Price Each :: :::':::':':'::$400:00: $350.00 :::::::::::/:::::::7:::: ::::::::::::::::::::::::::::::::::::::::: Holly 'East Palatka' Price Each i:i:i:i:i:i:.iii!ii$5~.0;@0 $450.00 i!i!:i:iiiiiii:iiii$275i00 i'!:i:i:i:i:i!i:!:.i:.i:.iiiiii!ii:i:!:i:i:i FoxUj] Palm Price Each :!:!:!:i:ii!!:.:.!:.i$~0¢!~0!: $450.00 :i:i:i:}:}::::i:!:}:,40[~;O0: .................... i:i:i:;::.:i:!:i:i:i:i:i:!:!:!:i:i:i:i:i:i Ligustrum Price Each :::i:i:!:::i:i:i:i:Si00iO0 $420.00 :::::::::::::::::::$3:::::: :i:i:i:!:i:i'i:i:i:i:i:i:!:i:i:!:!:i:i:i: Live Oak Price Each :::::::::::::::::::::::: $420.00 :::::::::::::::::::9:40:::: ::::::::::::::::::::::::::::::::::::::::: Mahogany Price Each :::i:!:!:i:i:i:i:$$00;00:l $420.00 iiiiiiiii!i!ii!iiii~ooiOoi Red Maple Price Each :::::::::::::::::::::::::: $420.00 :::!::::::::::::i:i$32Si00 :::::::::::::::::::::::::::::::::::::::::: Oranee Geiger Price Each ::::::::::::::::::940:::: $400.00 ..................... .'.'.'.'.'.'.' '/.'.'...'.'.'..'.// :: :':'::: :':':$2:7~00 '...'.'..'..'.'.'-'.:-'.'.'.'.'.'.'-'~ Slash Pine Price Each i:i:i:i:!:!:!:i:i:~400.;.0.0 $325.00 :::::::::::::::::::::::::::: Tabebuia 'Ipe' Price Each i:i:::i:!:i:i:i:i:d~)0i00 $375.00 :::::::::5:::::::::::::::: :::::/:::::::::::::::::::::::5:::::: Wax Myrtle Price Each ::::::::::::::::::940:::: $375.06 :::::::::::::::::::9::25::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::: White Geiger Price Each !:,ii:i:i:i:i!:,!:,!$400:00 $400.00' 325~99!se~:Bjd:,::, Sabal Palm (Iff to 20' C.T.) Price Each iiiiii! iiiiiiiii$200;(!0 NB iii:iiiiiii!iiiiiii$!iT~i00' Sabal Palm {10' to 20' Booted) Price Each :i:i:::::i:i:i:i:$20O~00 NB :i:i:i:i:i:i:i:i:i:$i75!~00 .ey Thatch Palm (6' to 7' ht field grown) Price Each :::::::::::::::::::::::: NB i:.i:.i:. ::::i:.i:.i:.i!i~0i~0, ::::::::::::::::::::::::::::::::::::::: :':':':'~':':':':': :':': :':':" ................. ~' _ [oval Palm (16' to 18' C.~.) Price Each : :::::::::::::::::::::: NB :::::::::::::::::::::::75::: ::::::::::::::::::::::::::::::::::::::::: ~'-' O ~ :::::::::::::::::::::::::::::::: : ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: Bid #99-2964 Lely Golf Estates MSTU Grounds Maintenance Service Mowin~ & Edging Price per sq ft ,?:-:-: :-: :-:: :$0:02: $0.02 ,:.:.:.:.:.:.::: :.:::$0:02: ::::::::::::::::::::::::::::::::::::::::: Bid #95 ) Lely Golf Estates MSTU G ~s Maintenance Service ) :Erivironmen~al: Commercial !:i:!:!:i:i:iCarei:.:::i:!:!: Land Maint ::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: Track Operator (Class B or higher current State of ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: Florida Driver License) Price per hr :::::::::::::::::::::::5:::: NB ============================ :-:-:.:-:.:..:.:..'.:.:-:.:::.: :.:-:.: ALTERNATE :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::: Street Sweeping Unit Price ::i i:i:i:i:!:i:i$500i0¢ $295.00 ::::::::::::::::::::::::::: Price ,for 12 Units ::i:i:i:i:i:ii~6i',~, ~(~ 00,$3,540.00 :i:i:i:i::::::$2:;400i00 ................................ ::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::: List of Subcontractors? :y~i:iii! !i'iii:i:!i!}!:i:i ! Yes Ye~iiiiiii!i!::::::i:!:i:::i:: Cot)v of Current Landscape Contractor's License? ::::::::::::::::::::::::::::::: Yes ::::::::::::::::::::::::::::: .: ::::.:' ' =========================== Verification of current projects? :::::::::::::::::::::::::::::::: Yes :::?::?::::?::?:::::::::: List of Owned/Leased Equipment? :::::::::?::::::::::::::::::::::::::: Yes :e~::::::?::::::::::::::: Documentation of Experience? 'i¥i~:i:i:i:i:i:i:i:i:i:!:!:!:i: Yes =~s============================ , i:!.i i:i:i'i:!:::i:i:::i:i:i.!:i:i:i.i:i: Photo or brochure with specifications of street =============================== Yes N6i:i:i:i:i:i:i:i:i:i:!:i:i:!: ::i:!:::i:i !'i:i:!:i'i:i:i:::i:!:i:i:i:!: sweepin~ eauit~ment? ":;-i'; i:i:i i'i:i:i:i:;:i:':::i.i ' :::::::::::::::::::::::::::: ,.:,..,.:::. Addendum Acknowledged? =O===================?==== == Yes ::::::::::::::::::::::::::::::: lquver-I. l.vn Wood :::::::::::::::::::::::::::::::::::: :':':':':':': :':: .................: :':': :':':':' ::::::::::::::::::::::::::::::::::::::: Wimess: Ron Precun .:¥:::::;.;:::-: :.:::: :. :.' :::::::::::::::::::::::::::::::::::: ':::-:-:-:-:-5'-'!!~!:I .,..,..,.!,.::::.::::: .r.,.. Page 11 of 11 --- EXECUTIVE SUMMARY AWARD BID #99-2956 - "AIRPORT-PULLING ROAD GROUNDS MAINTENANCE SERVICE." OBJECTIVE: To award Bid #99-2956 - "Airport-Pulling Road Grounds Maintenance Service" for FY 1999-00 to Commercial Land Maintenance, Inc. CONSIDERATIONS: Bid #99-2956, "Airport-Pulling Road Grounds Maintenance Service," is an annual bid which provides for two (2) one (1) year renewals to continue the maintenance of landscaping in medians and road right-of-way within the MSTD. The Purchasing Department sent notices of the bid package to forty-seven (47) vendors on June 20, 1999. Bids were opened on June 29, 1999 and six (6) bids were received. Staff reviewed all bids. Advanced Lawn & Landscaping Service Inc. submitted the lowest bid, however, on July 19, 1999, the firm submitted a letter requesting that their bid be withdrawn and not be considered. Staff recommends award to the second lowest, qualified and responsive bidder, Commercial Land Maintenance, Inc. Mathematical errors were made in some of the bidders' proposals. A copy of the corrected Bid Tabulation is attached. FISCAL IMPACT: Funds are budgeted in Road District 3 Fund 104, in the base amount of $126,006.52. Contract incidentals in the amount of $15,000.00 have also been established, for a total award in the amount of $141,006.52. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board award Bid #99-2956 - "Airport-Pulling Road Grounds Maintenance Service" to Commercial Land Maintenance, Inc. in the amount of $141,006.52 and authorize the Chairwoman to execute the contract after review by the County Attorney's Office. Val Prince, ginar Lan . Edwar. d J. Kant, P.E. Transportat~ices Director APPROVED BY: ~,. &.~. ~/y Date: ~'~'¢[~ Ed Ilsc~61~rks Adminis~ator Attachment: Bid Tabulation ' A~fi'ND~'~T~M -X A~N ~ T Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service Project Title: Airport-Pulling Road Grounds Project Mgr: Inquiries Senu ..-. Maintenance Service ,., Tabulation for Bid: 99-2956 Val Prince Packages Rec: Opening Date: 29-Jun-99 Environmental Commercial Advanced Evergreen Central F! ITEM DESCRIPTION Rene Chavez Care Land La~ n Landscape Landscape I BASIC MAINTENANCE FUNCTIONS Mowin~ & Ed~oin~ Unit Price $150001 5;1.104.001 / $750.004 / $400.0C $900 00 Price for 52 Urli~, ' ~ ~' ,$600¢:~1 c,4.784 00 / $3.250.00)~ ~ $3,900.00/<, 2.571.67 Imgation System Unit Price -~ $400.00: 0288.00/ / $ 140 00t / 4,150.00 / $150.00 ~ 140.00 Price for 52 Unit[ ": ~ ~' ~$ i ..:~fl:hovflo. q; 1.248.00// $606.67 ib--w"~ 5650.00 ,/q h06.67 Weeding Unit Price ,-$800.00 q 192.00i " $2,31.0Cfl $"'75.00 ' $24{).00 ×~ 300.00 Price for ;52 Units T L; ;,.'~3.20,q 00: <,832.00`/ $ I.O01.0C~" ~ $ 1.040.00/'q 1.30000 Trimming & Prunin~ Unit Price $300.00 q480.00. $405.0C~ <;150.00 "~'~i q'~ $.14~'~ '~ q50.00 Price for 52 Units 7-,-,".,%1 ._o4XM~q. q2.080.00,/ $1.755.00!'~Sr~'-'~,-g, OOn~ $1.733.0fi..,'q 2.383.34 Trash Removal Unit Price $200.00 5,144.00.'r $140.0~ 'ql25.00 ."/Z~.,~B $1.,4,o,,~ $ 150.00 Price for 52 Unit~; g:';; '~ $840:}4~ 5624.00./ $606.67~;-4-, ','~;.SO0.,,t~0 $606.60.-5i 650.00 S~reet Cleaning Unit Pnce $100.00 5;288.0¢/ $140.00'/ $175.00 -' $25000/5 200.00 Price for 52 Units j 2_, ~ ~ T $44~O-~1 51.248.00 / $60667, ~5 ~.~_;55~-('/0500 $1,083.33 ,4 86667 TOTAL COST/MONTH (SUBTOTAL "A"~ $'7-rg4~zOg 5;10.816.00./ $7.826.01, c'~a-~,~00.,,')0,, $9.012.93"4; 8.558.35 Il SEPARATE MAINTENANCE FUNCTIONS A FERTILIZATION iGroundcovers, Shrubs & Trees Price per Bag $4.00,--' $4.25," $3.00: / $7.00/ /' $2.80 $ 5.0.0 JPrice for 208 Ba,;,.[, %22"*****69-3"3~ 5-;~4 ~--$73.67 $624.00/ $1.456.00~" 5~7,4-o ,'[4g,:r~ 5, 1.040.00 Sequestrene Iron Drench Application Price Each $800.00~ $500.00.--' $792.00' × $ 100.00~' $400.00 $ 400.0~..~ Price Iht 4 ": Lc,L- i****~6(~:~.~ ('~{oo't¥$166.67 $3,168.00' $400.004 tg. OO :~1-33.33 $ 1.600.0Q.. IA~ACHMENT NO.., Page 1 of 10 ~PAGE I_ '~F ITEM DESCRIPTION Rene Chavcz Care Land La,,',, ~ ~nds~-~e ~ 20-20-20 with Ferrome¢ AC 13-0-0 plus 6~ Iron %1~0 00 , $600 O(i ~ ~00.00 Price Each $800.00~ ~ ~00 ~ ~'$612.00 / SoOO.(IO ' 3~ ~'~ $ 2.~00 00 Price for 6 q~ b *~*~ i~e~~ ~ 150.00 S3,672.~ / SUBTOTAL "B" ***~ ~3')0 3~ $7.464.00~/ ~2.75f~.00 / ~&%46~ $. 5.040.00 B ORNAMENTAL SPRAYING t Groundcover. Shrub's' & Trees: Insecticides and F~ngicides Price per Appl $800.00 ~50.00'/ $5fi5.~' $(~O 0'0 / $300 O~)~ 2~O.00 Price for 12 Appl $9.6~.00 , ~a.20000, / $7.020.00~ - $7 ~200.00 ~ $3.6OO OO <~ 5.000.O0, Herbicides Price per Appl $3~.00 ~<~313 3ff / $~68.~ / $7OO 00 / $400.00 /$ ~00 O0 Price for fi Appl $I ,~.O0 .... 000~ ~2.340.00,/ $3.500 O0~/ $2,~0 00/$ 1.50OO0 $~TQ+AI, "C" $11.lO0.~ %.~00 0~, S9.360.~~ . $10.70(}.0~' $5,~O.O6 ~% 4.500.00 C .M~CHING OF PLANT BEDS rApplication Price per Bag .... $O.7fi~ ~0 go.z $O.8S-/ ~0.7~'~ $0.7~ 1.00 Price for 9980 Ba~s $7.485.00~ / FS.qS2 0G ~ S8.782.40 / $6.9S(~.0~/ $~.485.00 ,S q.qSO O0 D. Clean and Seal Pavers Clean and Seal qty: I each $5~.0~/ S30fi.00 $9~.0~/ $500.'0~/ $2~.00~$ 500~ D CANOPY TREE AND PALM PRONG . · Canopy Trees-April and September .. Cassia Price per Gut $ I O.O~ / %10 00' / $7~, / $40.'00. / $15.00 /$ I 0.'00 Pnce for 14 Cuts $140.00~.' ~14000 / $98.~,/ $560.00 / $210.OO ~ 140.00 Dah~n Holly Price per Cut $ I0.00 / S1 I OO / ~8.O0 / $40.00. z $15.00 /$ 1000- Price for 8 Cuts .$80,O~ S88.00 / $64.00 / $320.00/ $120.O0 ~$ 80.00 Oaks Price per Cut $10.0~" S25.00 / $21.50 / $6(LOO. Z $15.00 $. 10.00 Price for 43 Cuts $430.00/ $1.075.00/ $924.50/ $2,580.O~/ $645.OO~$ 430.~ Silver Buttonwood Price per ~ut $ l 0.~) ~16 OO / $10~ / $50.0~ / $ l O.OO /$ 10.00 Price for 26 Cuts. .. $260.~ $416.OO/ $260.~ / $1.300.OO/ $260.OO/~ 260.00. Page 2 of ~0~ JATIA~HMENT N0. JPAGE Z , OF I o Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service Environmental Commercial Advanced Evergreen Central FI ITEM DESCRIPTION Rene Chavez Care Land Laxvn Landscape Landscape 'al..~ms-June 20.00 Sabal Palms Price erCut 515.00× 513.50~' $15.00 ~ Price fo_____..~r 193 Cuts $2.895.00 ' 5;2.(~05.50/~ 5,,.895.00 ~"E" ***380500 ~ 52.895.00 / III ' MARY FANN L4L ,T Basic.~Maintenance Functions_L_ "$9~cl'~aOOsr~~7-- .;, 129.7o2~.00 / $03.012.12! 7' 566.300.C q 108.15 ~ Maimenance Function._~..__5.~ for: Fertiliz._._.~gaticm ,'Subtotal "B"._).~ ~ ~ $7.464.00~ 55.782.32. 5.040 ~--~avino ~Subtotal "C" $1 I.}00 ',56.70000t" 5;9.q60.00._ 4.500.~ /lulchino_ o....~f Plant Beds $7.485.C $8.782., $6.986 0.980.00 Pavers q;O0.O0 $500.( Canopy Tree & Palm Prunino 56.043 $5.58t 5.68 (Sub__total "D" X 2 + Su~ ~ V TotaIMen { few ize To Perform ervices Per.__.Week Est__..imated Total Man-Flours to.~_.__Perform R~~ Services Hours er Week 50,I~ 10~ 60~ 64.~1~1 100 A ~AL SERVICES Bid #99'2956 Airport-Pulling Road Grounds Maintenance Service "~'[ -.,1- ~ ,~ ~ I~abor(perm.an-hour) I $18.00~ $24.00~I/. $25.00~ *20.0( ~.~ 'l$1q.i/O~a~ [ ~ 2.~)[{~ l~i0alion I ahar (nar man-houri . g 18 OO~ ~X?.(I~ g97.0(1[ ~5 O( ~ ~ .~ 2~ O(/' ~ ~ 21.00 Environmental Commercial Ad~'anced E~'ergreen Central FI ITEM DESCRI~ION Rene Chavez Care Land Lawn ........ Landscape Supervision (per man-hour} $36.00 ~ ' $31.00 ~ $35.9i} / $25.00, / $28.00 /$ 2q.o0 l~i~ation Supervision (~r man-hour~ $}6.00 / $35.00 H .. $35.0(~ / $30.00, ~ $40.01~ /$ 33.00 Rental Cost per da~ of 4~ ~allon tanker with operator $6~.00 / $950.00 ~n/a ~ - $500.0¢ / $480.01} /$ S5.00 B PLA~ING SERVICES I Mulch Shredded Cypress Bark, Grade "A". 2- DeCth per sq f~ $0.50~ /" $0.51 $1.25 ~ $045. ~.' $0.50 /$ 0.30 Eucalyptus, Grade ",~", 2- Depth per sq fl $0.4~ $0.51 $1.50 / $0.35. ~ $0.50 ~$ 0.35 Pine Straw, 3" fluffed depth ~r sq fi $0.4~ . $0.20 ~ $0.75,/ $0 40./ $0.20 ~$ 025 Washed shell, 3" depth per ~q fl $0.50~~ $0 62 ~ $0.7~/ $0.65/ $040 JS 0.55 2 Plants a 4" Container, Annuals~erennials $1.50 / $1.75~ ~ $2.~ / $'1.50/ $1.5q 4 1.50 Beeo.nias, Impat ens Eantana, Penias. Pu~le Queen Dune Sunflower Price Each b I Gallon Container African Ids Price Each $4.~~ $;4.75 ~ . . $4.75/ $3.00./ $4.00 /$ 4.~ C~ontie Price Each $4.0¢ ...$4.75 $10.00~ $3.00,/ ~.00 /$ ~.oo ~ ,Day-Lily, evergreen vafiely .Price Each $4.~ $4.7~ $6..00 / .. $3.00 / $4.00 ~$ 4.00 ,Florida Gama grass P~e Each $4.~ / - '$4.75~ $9.~ / $3.00 / $4.00 $ 5.0~ Juniper 'Parsonii' Price Each $4.0~ ~ $4,7~ $5.00/ $3.0¢/ ~.00 '$ 4.00S Liriope 'EverRr~n Giant' P~ice Each ~4.0¢ ~ $4.75, / $5.~ ~ .$3.00 / $4.00 $ 4.00~ Page 4 of 10 ATTACHMENT NO. ~ ~ Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service ~c ~ "~: IPumte Oueen Price Fnch ~ 54 0('~ q4.7~/ S~,i)01 ~,'~,,0~ ~:[ "~ f..f~4 00'×$~3~ ~J~ 4~0~, Em'ironmental ! Commercial Ad~'anced Evergreen ~"tt, ~/'~ral FI ITEM DESCRIPTION Rene Chavez Care Land Lawn ! _',,aqeane J landscape ,J Spider Lily Price Each $4 00,/ $4.75~/ S5.00 / $3.00/ $.1 00-~$ 400 c 3 Gallgn Container .... ~ocoplum 'Horizontal' Price Each' $ I 0.O0t / $12.00~ ~ $ l 150 / 58.50 / $12.0¢ .'~ I 1.00. Coontie Price Eac'h $10.00'/ $~2.00' .~3~.60t~ $8.50/ $~ ~.5C~<$ 20.00' Dwarf Bouqainvill'ea Price Each '$12.00 x $12.00~/ 513.(/0 ~ $11.00,/ 512.00'/$ 1100 Fakahatchee Grass Price Each S 10.0~ ~ $12 DO` / $13.00! / $900 / $9.0(~; /5;. 11.00' Florida Pti vet Price Each $10.O0' / ' $12.00t $ } 3.00 / $9.00 / $ I 0'.00. /$ I 1.00' Ilex 'Schellings Dwarf' Price Each $ I0.00 / '"$12.001 / $13.0(~ $~'.50 ~ $11.00, /$ 11'.00 ' Indian Ha. wthom 'Alba'. white Price Each $1000 '~ $12.00 $13.00 ' $9.50 / $12.01> /$ I 1.00' lxora 'Nora Grant' Price Each S 10.00'~ $12.0~ $13.00 r $9150 / $12.00, ~ 12'.00- Juniper 'Parsonii' Price Each $10.0~- $12.0t29 $13.00J $8.25~' $10.00`4 11.00'i Spider LiJy Price Each ' $ I 0.Off / $12.00~ / $13.00~ $9.00 - $12.0¢ ~;. I ID0. Thrvallis Price Each $10.00' $12.0¢ $13.00. $1000 ,$10.00,4 11.00 Tumera 'Yellow Alder; Price Each $10.130 / $15.00 $13.00~ , $10.00 $ I 0.01~ ~$ 12.00. Wax Myrtle Price Each. $ I 0.00, $12.00, / $13.00. ' $7.59 / $10.00' -~5 12:00, Saw Palmetto Price Each $12.00~ '520.00' $35.0¢ $17.50 - $14.00~$ '20.00 Sea Oats Price Each . $10.00/ '$15.00./ $17.50,/ 5t0.80 / $12.00,~ 15.00 Silver Buttonwood Price Each $ I'0.00/ 515.00` / $13.00 58.50 / $12:0(~ ,'$ 12.00' Simpson Stopper Price l~ach 51000/ '$12.00'/ 517.00'/ 510.50 / $11.504 . 12.0Q. i Variegate. d Pittosporum Price Eag h '" $ lO O0 / 5;12.Of~ / $13.60: , $8.50 ' $12.00' ~$ 11.00' Page 5 of 10 IklIACHMENI NO._ ( ( PAGE . .c~.. OF(, Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service ""- ['"' i Environmental Commercial Advanced ~:vergree~ ITEM DESCRIPTION Rene Chavez Care Land La~vn Landscape t~scape Waher's Viburnu .m Price Each $10.00 / $12.~ / $13.00./ 5;8.50 / $12,00 5b 12.00 d 10 Gallon Container Bottlcbrush 'Reql Clusler' Price Each $35.00 / $ 100.00 ~' $95.001 ," ., $55.00 / $00.00 '~ 85.00- C.ardboard Palm Price Each $35.00 ' $100.00/' .$110.00.' 5;85.00 '- $90.00($ 85.00 Cart e,vGuava Price Each $35.00 / $100.00~' $8~5.0(y'" $100.00 r '$80,00/$ 80.00 Crinum LiD Price Each" .$35.00 $100.0O / $85.00t $60.00/' $75.00 ~ 80~'00 Crape Myrtle Price Each 'S35.00 / $100.00 × $85.00 $60.00" $90.00,5,5 ' 8;0.00 Hibiscus Standard Price Each $35.00 5; 100.00W $85.00~ 5;65 00 ,- $80.00 ×$ 75.00 King Sao, o Price ]~ach $35,00 ' $100.00/ $120.00,r $100.00 / $80.00~; 90.00 Li ~ustrum Price Each 5;35.00 5; 100.00,/ $8':~'.00~ - $100.00 -' $ 100.00 ~ 80.00 Mvrsine Price Each $35.00 $100.00 / $120.00]' $50.00 / $90.00,/$ 85.00 Silver Buttonwood Price Each ,5'35.00 $ I i)O.O0 / $8,5.00 r $65.00 ,- $90.00 ,-$ 85.00 Simpson. Stopper Price Each $35.00 ~ $i00.0( / $8'5.00 , $50.00 .,, $90.00'~ 85.00 ~ Wax Myrtle Price Each $35.00 ~ $100.0O / $85.00 / $50.00 '$87.00 ,$ 80.00 Variegated Pittosr)orum Price Each $35.00 $100.00/ $11'0.00 ~ $100.00 ,' , $11Q00/$ ,95.00; e 30 Gallon Container Bottlebrush ~Red Cjuster' Price Each $150.00 $200.00" $200.00 / $160.00 ~ $250.00-5 190~00'/ Cassia Price Each $150.00 $200.00~' $300.00 , $160.00 $180.00:$ 195.00 Crape Myrde Price Each $150.00 ~ $200.00/ $220.00 ~ $160.00 / $220,00,'~ 190.00~ Dahoon Holly Price Each $150.00 $200.00/ $220.00 $160.00 ×' $190.00,/$ ' 215.00, Page 6 of 10 ATIACHMENI NO. ~ PAGE (o _ OF_ t O Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service ""- Environmental Commercial Advanced Evergreen ITEM DESCRIPTION Rcne Chavcz Care Land Lawn Landscapc ...... Holly ,East Palatka, Price Each 5;150.O0 5;200.01),/ $220.00~' $ I()0.00/ $200 00, ~5 215.00 Foxtail Palm prce Each q;l'50.O0 $300.01) $300.00/ $175.00,/ Sl9000,~. 275.00 Kin,o Saqo ...... 5300.00 $3001'00 d $300.00 / $250.00 / 5;250.00, 4 225.00 · .. $__>.0(} ~,.. 215.00'~ Liqugstrum Price Each, 5; 150.00 / 5;400.01) / 5;__0.00 / $175.00 /' '~'~ - Live Oak Price Each 5150.00 * $200.00/ $220.00/ $175.00/ $200 00~'5; 215.00, Mahogany Price Each 5;150001 ,5;200.00 / 5220.00,/' $125.00'/ S250.00 ~ 20000 Pindo Palm Price Each 5150.00~~ 5;400.00~ $220 00~ $400.00 ~ 5;100 00~ 250.00,~ IRed Maple Price Each 51.0.00. $200.00 / 5220.00 $150.00 ~ 5170.00 -~; 200.00 Orange Geiger Price Each 5150.O0~ / 5200.00 / $__0.00 $175.00 × $190.00~ ~,~ 200.00 Slash Pine Price Each ~ 150.00~ $200,00~ $220.00 ~ $175.00/ 5150 00'/$ ~00.00 Tabebuia 'ipe' Price Each 5;150.001/ $200.00/ $225.00~ $185.00~ ,,,. $200.0¢.45 215.00.~ Wax Myrtle Price Each 5;150.00~/ $200.00~ '" $220.00 · $75.00~)' $140.00~r,~ 190.00'~ White Geiger Price Each $150.00/ $200.00/ $225.00 / $160.00~' $160.00 '" , 215.00' f 65 Gallon Container Bottlebrush 'Red Cjuste, r' Price Each $400.00,/ $40000 / $~50.00 ~' $250.00 / ,, $250.0C}~ 300.00' Crape Myrtle Price Each $400.0~ $400.00 · $350.00 / $275.00 / $250~00~$ ~50.00,'/ Dahoon Holly Price Each 5400.00/ $400,~00 / $350.00 $275.00 / $225.0{)/$, 350.00' Holly 'East Palatka' Price Each $400-00 ~ $500.00 / $450.00, / $275.00 / $400.0(1 /$ 350.00 Foxtail Palm Price Each $400.00 $700.00 / $450.00! ~' $350.00 / $425.00 /$ 475.00~ Ligustmm Price Each $400.00 / $500.00 $420.01Y / $275.00 / $425.00 /$ 450.00 Page 7 of 10 IA'F[ACHMEN'[ NO. ~ Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service Environmental Commercial Advanced E~ ergreen~[~1- .~ rn ITEM DESCRIPTION rene Chavez Care Land Lawn kandscal)e L; Live Oak Price Each .5;400.001/ $500.00'/ S420.00 $375.00,/ $400,,00 Mahoqan¥ Price Each ' 5400.0(~' $500.00, / ~420.00 / $350.00. / $4.50.00 C~ 350.00. Red Maple Price Each 5;-100.00, $400.00 / S420.00,/ $325.00, Orange Geiger price Each $400.00' / $400.00 /., $400 00' ~ $275.00 , , Slash Pine Price Each $400.00 / $400.00~ S32'5.00 / $33_5.'00¢ S~50.00r~., 3~0.00' T~bebuia 'Ipe' l~rice Each $-100.00 / $400.00[// $375.004 $375.130 $325.00'55 350.00 Wax Myrtle Price Each 5;400.00 / $400.00 × $.,7..0{'~ $225.00 5250.00. /5; 300.00~ W'hite Geig;er Price Each 5400.00" $4,00.00 / 5,400.00'/ $325.00 '* S250.00/''q 32500'-i~., 3 Palms ]Sabal Palm (10] to 20' C.T ) Price Each 5;;250.00 ' $200.0¢ n/a $175.00' Sabal Palm (10' to 20' Bo<~ted) Price Each 5300.00 $200.00' h/a ,, Kev Thatch Palm (6' to '7' ht field grown.) price Each $300.0~' $300.00, ~'/a ~ ,$475.0ff Royal Palm (16' to 18' C.T.) Price Each 5;60000,/ $850.00'~/a ~ $375.00 4,Canopy Trees Live Oak (100 gal container. 4".5" cai. '16' hr) Price Each $400.00,/ $600.00' n/a · $550.00 ~/a Live Oak (200 gal container. 6"-8" cai, 20' hr) Price Each $800,00' $750.013 ~n/a ,, ${350.00 h/a C LIOLFID FERT,II.17ATION APPLICATION Turf Price per sq fi $0-02 / '$0.004~ $.0.0t51/ $0.04. Plantin~ Beds Price per sq ft $0.02, $0.006 $o.o15~/ $o.o4 D SOD SERVICES Page 8 of 10 I AI"[ACHMENT NO. 1- PAGE ~ OF I 0 _ Airnort-Pullina Road Grounds Maintenance Service Bid #99-2956 ~~ Environmental Commercial Advanced ITEM DESCRIPTION Rene Chavez Care Land Lawn Landscape 055 q0 4( E 175.( %_208.~ $140.1 $1 140.( 2 ~2fiO. $1~ Iq0.( $20~ $1~ 100.( '-3120 1 VI1 $0. SO. 0.01 25. 54.2, Page 9 of 10 IAITACHMEN~' NO. 1 ~PAGE 6J ,, OF~ lO Bid #99-2956 Airport-Pulling Road Grounds Maintenance Service ~--- _m_ - Envirolunental Commercial Advanced Evergreen I ITEM DESCRIPTION Rene Chavez Care Land Laxvn Im~ation Svs~em Re~ iexv Price per hr 525.00 / $35 0(~ / $40.~ / $35.00 / $40.0~ Travel Time Price per h~ $0.00 / $20.00, / $27.00 / $20.00 ~ $20.~ Labor per person Price per hr . , $18.00 ~ 524 0(~ / $27 O0 / $20.06 / $22 T'ruck Operator (Class B or higher cu~ent State of Florida Driver License~ Price per hr $25.~ ~ $35.0(} h/a ~ ., $->.00 / $35.0¢ $ 35 00 ALTER~ATE ., Street Sweepine Uni~ Price 56~.~ 5025 O~/ $8,85.~~ $500.00/ $2500¢/n/a Price for 12 Units ******~, $11.1~().0~/ 510.620.~- $6.000 00/ ~o~ ~ ~ n/a Eist of Sub~ontractors',~. yes ~' no , yes - yes - ~no~- none Copy of Cu~em Landscape Contractor's License'? ,yes-- yes yes - yes/ ~ves~ yes Verification of cu~em proiects? yes ~ yes yes - no 'yes List of Owne~eased Equipment? ,yes,- ves yes yes, ,yes yes Documentation of Experience? no '~7,~ -~ yes yes .yes ,,' ,yes Photo or brochure with spe.¢ficafions of street, , . sweepinq equipment? :yes~. yes ves- ~yes - , !no none Addendum Acknowledged? ~ . ,ves/ yes yes - Ino },~'~' ./' ino-- no Ruver: l.vn W~d ~/ Page 10 o! 10 ATTACHMENT NO. ~ PAGE t 0 OF ! 0 I EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID g99-2941 FOR THE PURCHASE AND DELIVERY OF PINE STRAW MULCH TO CUSTOM PINE STRAW, INC. OBJECTIVE: To award Bid #99-2941 for the Purchase and Delivery of Pine Straw Mulch to Custom Pine Straw, Inc. CONSIDERATIONS: On May 21, 1999, invitations to bid were sent to forty-one (41) vendors. The Bid opening was held on June 1, 1999, three (3) proposals were received. Staff has reviewed the proposals and finds the lowest Bidder to be Custom Pine Straw, Inc. The proposal from this low Bidder meets all specifications of the Bid, therefore, staff recommends that Bid ~t99-2941 be awarded to Custom Pine Straw, Inc. FISCAL IMPACT: The fiscal impact for Bid #99-2941 is $42,840.00 with funds available in Pelican Bay Services proposed Fiscal Year 99/00 Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #99-2941 for the Purchase and Delivery of Pine Straw Mulch to Custom Pine Straw, Inc. ,,../)/ames P:-~tard ...... ' ~.:'-~ ' f~/Department Director Steve (~arnell Purchasing Director APPROVED B~ DATE: ~ Public Works Division AGENDAJTEM No,~ Bid #99-2941 Purchase Delivery of Pine Straw Mulch Project Title: l'urchase & Delivery o1' Pine Straw Mulch P,'oject Mgr: Inquiries Sent: 41 I Tabulation for Bid: 9%2941 Kyle Lukasz Packages Rec: 3 Opening Dale: I-Jul-99 Custom Pine Rick's Forestry i'i'I,;M DESCR i PT! ON Straw Trucking Resources Pine Straw Mulch Price per Bale $2.38 $2.45 '$2.64 Price for 18,000 Bales $42,840.00 $44,100.00 $47,520.00 Prompt Payment Terms none none none uuye,-: .honda Sne, I'ff~hC~C~L) T4'5 DqJL .... ,, i'-~ ),~'h ~' ~ . , Witness: Ruben Puente '~'z~M4~-D~9.L.e ~t>/t::~. '} Page ~ '~f 1 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE EAGLE CREEK MASTER PUMP STATION AND FORCE MAIN PROJECT NO. 73057 OBJECTIVE: To obtain Board approval of a budget amendment for the Eagle Creek Master Pump Station and Force Main Project #73057. CONSIDERATION:. A budget amendment is needed to transfer funds from reserves and into this project to cover additional Engineering services, PWED Inspection, change order #1, printing, permits, and a construction contingency. This project was forecast for this fiscal year at $269,800. Currently the budget for this project is $250,000. The additional amount needed for this project is $19,800. The break down of this request is $2,980 Engineering Fees, $9,360 for 180 hours of PWED Inspection, C/O #1 $3,287 which includes a force main air release valve & vault and a 10" plug valve, $458 Printing, $500 Permits, $2,215 Improvements General and a Construction Contingency of $1,000. SCAL IMPACT: A budget amendment is needed to transfer $19,800 from astewater Impact Fees Reserves into the Eagle Creek Master Pump Station and Force Main Project #73057. Funding source is Impact Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment. SUBMITTED BY: I"'?~/~/~.i'~/C~..J~C'~Z~C~ DATE: ~//¥,?~ SharOn Newman, Accounting Supervisor P~Lblic Works Engineefirlg Department L/Jeffrey Bibby, P.E., DirectOr REVIEWED ~~ei~ent DATE: F/~/~/~ Public ~' Ed Ilschner, Administrator AGEN A - Public Works Division ce: July Adarm~a Minor, Senior Proleet Manager PWED EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #99-2954 FOR EMERGENCY AND SCHEDULED SEWAGE HAULING OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid #99-2954 for Scheduled and Emergency Sewage Hauling. CONSIDERATION: 1. The Wastewater Department of the Public Works Division maintains a very large system that includes approximately five hundred seventy lift stations, which require the services of pumper trucks when temporarily inoperable. 2. This service is utilized mostly during emergency situations to prevent the spillage of wastewater which can occur during inclimate weather conditions and extensive power outages. 3. Invitations to bid were sent to six (6) prospective vendors and was posted on July 20, 1999. Bids were opened on August 4, 1999 with one (1) bidder responding. 4. Staff has reviewed the bid and found J.C. Drainfield to be the lowest qualified and responsive bidder meeting all of the bid invitation requirements. FISCAL IMPACT: The fiscal impact associated with this item is based on last year's expenditures and estimated to be $35,000.00, depending on system demand. Funding is available in Wastewater Collections (408-233351 ) and Wastewater Capital (414-263611) budgets. Other County departments or governmental agencies may also utilize this bid. GROWTH MANAGEMENT IMPACT: None. pg.__ I ~---.. RECOMMENDATION: That the Board award Bid #99-2954 to J.C. Drainfield to be SUBMITTED BY.~"')_ ..~,.~/~___~'._._.__.~-> Date: ,,,~-/./- 9/0 Dave Chronister, Collections Supervisor REVIEWED BY: ~ ~ Date: J~eph ~heatham, Wastewater Director APPROVEDBY:~~{~/~ c~, ~42r~ Date: Stephen Y. Carnell, Purchasing Director APPROVED B~ Date: Ed Ilschr~er, Public Works Administrator AG EN DA J.T,,E M NO, Pg~ .~ Bid #9, ~4 Emergency Sche(~ . Sewage Hauling Project Title: Emergency & Scheduled Sewage llauling Project Mgr: Inquiries Sent: Tabulation for Bid: 99-2954 Joe Cheatham Packages Rec: Opening Date: 4-Aug-99 ITEM DES(~RIPTION J' C. · 2,500 Gallon Tanker w/vacuum pump Scheduled Price per Hour $125.00 Emergency Price Der Hour $250100 5,000 Gallon Tanker w/vacuum pure1} .. Scheduled Price per Hour $'200.00 Emergency Price per Hour $250.00 10,000 Gallon Tanker w/vacuum pump Scheduled Price per itour $250.00 · Emergency Price per ! lour $300.00 Hourly Sum of Ali Three Tankers $575.00 Pollution control License to Transport ' Attached? Yes List of Tankers to be Used Attached? Yes Prompt Payment Terms 2% 15.Days Buyer: Lyn Wood Witness: Ron Precup Page 1 of 1 ~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR PATHWAYS PROJECT 69081 Ob,|ective: To obtain Board approval of a budget amendment for the Pathways Project 69081. Consideration: The recent Board approval of the development of Forrest Park will lead to an increase in both construction and residential traffic along Recreation Lane. Currently, a pedestrian pathway does not exist along Recreation Lane, which serves as the main access road to Golden Gate Community Park. Due to the number of pedestrians that access the park and safety concerns regarding the addition of construction traffic to Recreation Lane, a pathway is needed. The attached budget amendment is for the addition of a Pathway along Recreation Lane to this fiscal year's Pathways Project budget. Also included in this budget amendment is an increase of $24,000 for Change Order//3 to the existing contract with Bonness, Inc. for pathway construction. Change order #3 will bring the new total for Pathways Project for this fiscal year to $354,630.06, $1000.00 will be needed for PWED inspections. Fiscal lmpact: A budget amendment is needed to transfer $25,000 from Road Construction - Gas Tax Fund Reserves into the Pathways Project 69081. The Funding Source is Gas Taxes. Growth Management: None Recommendation: That the Board of County Commissioners approve the necessary budget amendment. Prepared by: ()tt~n3. ~ _/'~/ Date: .~?//~¢? J,a)~(es Fit~'ek, Op~rat~hs Manager trarks and Recreation Department ,, Reviewed by:/~ - --~-f' Date: C/Jeffrey Bibby, P.E., Director Public Works Engin, [ingJi~)epartm,.e,a/t Reviewed by: Ed Kant' P.E., D~d~ Date: S; -//' ~/~ Public Works '~(~ ~ortation Department Approved by~ Date: ~'-/~, Ed Ilschner, Administrator Public Works Division No,.Ka.,.~~- ~...-.L. 5;r' 1 1999 I ,,,.,,Pg, , ,, EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO RECOGNIZE REVENUE Objective: To obtain Board approval of a budget amendment to recognize revenue from a Tower Lease site at Vineyards Community Park. Consideration: In accordance with the Lease Agreement for a tower site at Vineyards Community Park, ACME Tower, Inc. has paid their first year lease of $24,000.00 which 80% of ($19,200.00) was deposited into a General Fund account. A one time $10,000 donation to the park from ACME Tower Inc., was also deposited in a General Fund account. The attached budget amendment recognizes the donation and rental revenue and appropriates it into the proper account so that Staff may utilize the funds for improvements to the Vineyards Community Park site. Fiscal Impact: Recognize revenue and appropriate it into General Fund, Vineyards Community park. Growth Management: None Recommendation: That the Board of County Commissioners approve the necessary budget amendment. Prepared by: .~,~u:.,;, ~. c'~'~ ~ ~ ~ ~,/~ ' 2 Date: Ja~nes Fitzek, OpiniOns M~ager '~ ' P~ks ~d Recreation Dep~ment Reviewed by: ~~' '~:~,~ 4 Date: M~la ~sey, Director/ P~ks ~d Recremion D~p~ment Approved by~. Date: Th trator Public Services Division AGENDA.I~EM,. 5Z? 1 q I 99 EXECUTIVE SUMMARY .~PPROVE A BUDGET AMENDMENT TO FUND THE PREVIOUSLY APPROVED NAPLES LANDING PROJECT. Objective: That the Board of County Commissioners approve a budget amendment to fund the Naples Landing Phase I project previously approved by the Board through a 1995 interlocal fund sharing agreement with the City. Consideration: On October 3, 1995 the Board approved an interlocal fund sharing agreement with the City of Naples. This agreement authorized $60,000 towards boat ramp improvements, and $100,000 towards Park improvements at Naples Landing. The funds were previously budgeted the past several years in Fiscal Year 96, Fiscal Year 97, and Fiscal Year 98, but were never fully reimbursed to the City due to the incompletion of the project. Last fiscal year, the City of Naples did not finish the Naples Landing project as forecasted; therefore, the funds allocated for the project were not carried forward into FY99. Recently, the City has indicated that the project is substantially completed, and reimbursement is requested per the original agreement. This reimbursement request will not include improvements to commercial docks. Growth Management: None. Naples Landing is a City of Naples facility. .scai Impact: Funds are available in Fund 306 Reserves. A budget amendment will transfer funds from Parks Construction (Fund 306 Reserves) into Parks Construction, Naples Landing Park Phase I project in the amount of $46,000. Recommendation: Staff recommends that the Board approve said budget amendment. Prepared by: ~, o-~ Date: /~J/ames Fitzek, O~er~ffons Manager Department of Parks and Recreation .//~7/? / /5, ~ Reviewed by: ' 7f~>~ ~'~'~¢ Date: M~Ia ~sey, Direc¢[, Dep~ent of Parks ~Od Recreation Th'om~.s ~ ~)lliff~Aa~strator - Division of Public SerVices ' AGENDA.ITEM EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO RECOGNIZE REVENUE Objective: To obtain Board approval of a budget amendment to recognize revenue from building loss insurance proceeds. Consideration: Recently a class room trailer at South Park in Immokalee was vandalized. The insurance proceeds received from the claim total $16,347. The costs to repair the vandalized trailer exceed the value of the trailer, which currently is a safety hazard for the park. In addition, staff was proposing the removal of the trailer before it was vandalized. Therefor a portion of the proceeds from insurance will be used to remove and dispose of the trailer. The remainder of the proceeds will be used for constructing a sidewalk, laying sod and irrigating the site vacated by the trailer. Fiscal Impact: A budget amendment is needed to recognize revenue in Parks/MSTD Fund 111 - Building Loss Proceeds/Insurance and transfer funds to - Other Contractual Services. Growth Management: None Recommendation: That the Board of County Commissioners approve the necessary budget amendment. itzek, O ,era%ns anager P~ks ~d Recreation Dep~ment ~vi~wed by: ~///~,%~ ~I/;,~.7 Date: ~ia ~s;~, Diredor P~ks ~d Recreation Dep~ment Thomas W. Olliff,~dm~trator ' ' ' Public Services Division AGENDA IT_EM No.] EXECUTIVE SUMMARY ~""~PROVAL OF A SUBLEASE AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~D GTE WIRELESS OF THE SOUTH, INC. ~ Approval of a Sublease Agreement with South Florida Water Management District ("District") and GTE Wireless of the South, Inc. ("GTE") in order to provide the District radio antenna and equipment space at the County's radio communications tower site in Immokalee. CONSIDERATION: The South Florida Water Management District has requested permission to utilize space at the County's Immokalee radio tower site located on Stockade Road. The District requires the space in order to accommodate a radio telemetry system that will monitor water levels in Collier County and allow remote control of the District's ~lood control structures. The telemetry system will allow the District to monitor water conditions on a real time basis and react in a timely manner to potential flooding situations. In accordance with the Lease Agreement between Collier County and GTE, use of the Immokalee site requires Board approval of a Sublease Agreement between GTE and the South Florida Water Management District. Collier County and the South Florida Water Management District have reached agreement on the following: The District has completed a tower analysis on the subject tower to verify that the tower will support additional antenna loading. · The County will provide equipment space to the District at the Immokalee site. ~ Collier County has agreed to install the District's antenna at the site. The first year's rental payment of $1,500 will reimburse the County for providing this equipment. The Office of the County Attorney and the Risk Management Department have reviewed the a~tached Sublease Agreement. FISCAL IMPACT: The initial payment to Collier County in the amount of $1,500,00 will be deposited into General Fund, 800 MHz Intergovernmental Radio Communications Program, Communications Equipment R&M - Outside Vendors (00 I-140480-646610). This will provide funds for the County's installation of the District's antenna. The annual rent following the initial year's rent shall be Ten Dollars ($10.00) and shall be deposited into the referenced account. Growth Management Impact; None RECOMMENDATION: That the Board o£ County Commissioners approve the attached Sublease Agreement (three copies) with the South Florida Water Management District and authorize its' Chairwoman to execute same. John Daly, Radio CommUnications Manager REVIEWED BY: / W~lIfa~-Coakley, Info('mation -Te~;hnology Director /,..~VIEWED BY: Leo ..' ORIGINAL Lease # C-9403 SUBLEASE AGREEMENT BETWEEN GTE WIRELESS OF THE SOUTH INCORPORATED AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS SUBLEASE AGREEMENT made this day of , 1997, hereinafter referred to as "Agreement", by and between GTE Wireless of the South Incorporated hereinafter referred to as "SUBLESSOR", whose mailing address is 600 North Westshore Boulevard, Suite 900, Tampa, Florida 33609, and South Florida Water Management District, a public corporation of the State of Florida, whose mailing address is 3301 Gun Club Road, West Palm Beach, Florida 33416, hereinafter referred to as "SUBLESSEE." WITNESSETH: WHEREAS, GTE Wireless of the South Incorporated as LESSEE, the .Board of County Commissioners of Collier County ("COUNTY"), as LESSOR, entered into a Lease Agreement dated October 24, 1995. WHEREAS, GTE Wireless of the South Incorporated desires to SUBLEASE a portion of the premises to South Florida Water Management District for one (1) radio transmission antenna whicl~2tlr~.et long and will be center mounted at an elevation of approximately One Hundred and/t~r~ 5~'2~ feet above-ground and to be positioned on the southwest side of the existing tower, as shown on Exhibit "A" which is attached hereto and made a part of this Agreement, hereinafter "Tf'i referred to as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of installing and operating an antenna and related equipment for Supervisory Control and Data Acquisition for the SUBLESSEE'S Electronic Support/Data Acquisition Division and; WHEREAS, the COUNTY shall install one (1) Decibel Products Omnidirectional DB264 .... radio antenna; Page 1 of 13 Lease No. C-9403 A(ISNDA.I:~EM. NOW THEREFORE, in consideration of the payment of rents and the performance of the covenants hereinafter set forth, the parties agree as follows: ARTICLE 1. Demised Premises SUBLESSOR does hereby sublease to SUBLESSEE and SUBLESSEE does hereby sublease from SUBLESSOR that certain portion of the radio tower located at the Immokalee Road and Bridge Facility as shown on Exhibit "A," hereinafter called the "Demised Premises," which is attached hereto and made a part hereof, situated in the County of Collier and the State of Florida, for the sole purpose of operating one (1) Decibel Products Omnidirectional DB264 radio antenna ("Communications Equipment"). ' The COUNTY hereby agrees to install the_21.5 foot fs~/fl~oing antenna to be center mounted at a height of approXimately One Hundred ~i,~//Feet (i-f~) for SUBLESSEE operation. The SUBLESSEE is also granted space within the COUNTY'S transmitter building in order to accommodate SUBLESSEE'S transmitter and related equipment. Said location within the COUNTY'S building shall be determined by the COUNTY at the time of installation of SUBLESSEE'S equipment. The COUNTY and SUBLESSOR represent that they have authority to grant the SUBLESSEE entry to the land leased to the State of Florida ("STATE") by the SUBLESSOR. The COUNTY and SUBLESSOR ag-ree to allow SUBLESSEE to enter upon and cross over the land being leased the State by the SUBLESSOR for access to the Demised Premises as shown on Exhibit "B" which is attached hereto and made a part hereof and hereinafter referred to as "Access." This Access shall be granted on a twenty-four (24) hour basis by requesting entry to the Demised Premises, without prior notice to the State, directly at the site which is being leased to the State. ARTICLE 2. Term of Sublease Aareement The SUBLESSEE shall have and hold the Demised Premises commencing on the day this Agreement becomes effective and ending three (3) years from that date ("Initial Term"). The SUBLESSEE is granted the option, provided it is not in default of any of the terms of this Agreement, to renew same for one (1) additional term of three (3) years ("Extended Term") under the same terms and conditions herein by giving written notice of SUBLESSEE'S intention to do so to the SUBLESSOR not less than sixty (60) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent The SUBLESSEE hereby covenants and agrees to pay the LESSOR the amount of One Thousand Five Hundred Dollars and No Cents ($1,500.00) for the first year and the sum of Ten Dollars and No Cents ($10.00) annually thereafter as rent for the Demised Premises. Full payment for the initial Agreement term of One Thousand Five Hundred and Twenty Dollars and No Cents Page 2 of 13 Lease No. C-9403 ($1520.00) shall be paid in full within thirty (30) days from LESSOR'S acceptance of this Agreement. The rent due for the Extended Term shall be the sum of Ten Dollars and No Cents ($10.00) annually. The rent due for the renewal te~Tn, if exercised by SUBLESSEE pursuant to Article 2 above, shall be paid in full within thirty (30) days after the commencement of the renewal term. ARTICI~E 4. SUBLESSOR'S Right To Terminate The SUBLESSOR reserves the right to terminate this Agreement based upon fa/lure of SUBLESSEE to perform and/or failure to adhere to any of the terms and conditions contained within this Agreement, by providing the SUBLESSEE with thirty (30) day prior written notice at the address set forth in this Agreement. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 5. SUBLESSEE'S Ri~;ht To Terminate The SUBLESSEE shall have the right to terminate this Agreement at any time, upon the following events: (a) If the LESSOR is unable to obtain approval of any agency, board, court or other governmental authority necessary for the construction and/or operation of the communications equipment cannot be obtained, or is revoked,or; (b) If the SUBLESSEE determines at any time that the property is not appropriate for locating the SUBLESSEE'S communication equipment for technological reasons, including, but limited to signal interference or; (c) If the approval of any agency, board court or other governmental authority necessary for the operation of the communications equipment cannot be obtained, or is revoked, or if the SUBLESSEE determines the cost of obtaining such approval is prohibitive, or; (d) For convenience, if the SUBLESSEE determines that to do so is in its best interests. The SUBLESSEE shall provide the SUBLESSOR with thirty days' written notice of termination of the Agreement under this Article. Upon termination, neither party shall owe any further obligation under the terms of Agreement, except upon the SUBLESSOR'S request, the SUBLESSEE shall have the responsibility of removing all of SUBLESSEE'S communications equipment from the Demised Premises and restoring the Demised Premises to is original condition .... as near as practical, save and except normal wear and tear and acts beyond SUBLESSEE'S control. AGE D~.I - Page 3 of 13 Lease No. C-9403 ' ARTICLE 6. Utilities The LESSOR shall provide and pay monthly electrical service for SUBLESSEE'S use at the Demised Premises. If the existing electrical service is not sufficient, SUBLESSEE shall be responsible solely for any improvement or enhancement to the current system. The SUBLESSEE shall be solely responsible for and promptly pay all legitimate charges for telephone service consumed by the SUBLESSEE on the Demised Premises. ARTICI~E 7. SUBLESSEE'S Default in Payment In the event the SUBLESSEE fails to pay the rentals, fees, or charges as required to be paid under the provisions of this Agreement, on or before the due date, such failure to pay shall constitute a default and the SUBLESSOR may, at its option, terminate this Agreement after ten (10) days written notice to the SUBLESSEE, unless the default be cured within, the ten (10) day notice period. In any event, interest at the annual rate of ten (10) percent per year shall accrue against the delinquent payments until the same are paid. Implementation of this provision shall not preclude the SUBLESSOR, if it so desires, from terminating this Agreement for default in the payment of rentals, fees or charges, or from enforcing any other provisions contained herein. ARTICLE 8. Modification of Demised Premises The SUBLESSOR authorizes the SUBLESSEE to install the Communications Equipment on the Demised Premises. Prior to installing, attaching or erecting any equipment upon the Demised Premises, other than the equipment mentioned above, the SUBLESSEE shall obtain the SUBLESSOR'S written approval by specifying the nature and extent of the desired alterations, improvements, changes or additions, along with contemplated starting and completion time for such project. The SUBLESSOR or its designee will then have thirty (30) days within which to approve or deny, in writing, said request for changes, improvements, alterations or additions. The SUBLESSOR shall provide approval or denial within the aforementioned time period. Such requests from the SUBLESSEE shall not be unreasonably denied. The SUBLESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises to observe and comply with all present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies, bureaus, boards or officials. The SUBLESSEE further covenants and agrees without limiting its authority to require submission of proposed changes, alterations, additions or improvements as required above that no trailers or temporary structure of any kind whatsoever or signs shall be allowed or placed on the Demised Premises at any time unless approved in writing by the SUBLESSOR. AGENDAIlF_)O No m E' ¢ I~,'/...l Page 4 of 13 Lease No. C-9403 7 { 1999 The SUBLESSEE shall remove any improvements completed by the SUBLESSEE prior to the expiration of this Agreement or any earlier termination as herein provided by a qualified tower crew whose insurance coverage and schedule must be pre-approved by the SUBLESSOR. The SUBLESSEE shall deliver up and surrender to the SUBLESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Agreement, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Agreement or may have been put by the SUBLESSOR or SUBLESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond the SUBLESSEE'S control excepted. The SUBLESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part hereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 9. Access to Demised Premises The SUBLESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same or making such repairs therein, as may be necessary for the safety and preservation thereof, and for the purpose of inspection for compliance with the provisions of this Agreement. ARTICLE 10. Insurance The SUBLESSEE agrees to maintain self insurance-at its sole cost and expense, public liability insurance against property damage or personal injury arising out of or growing out of the use of or occurring on or above the Demised Premises. Such self insurance shall be in accordance with Florida Statute 768.28. Nothing contained herein shall be construed or interpreted as (i) denying to the SUBLESSEE any remedy or defense available to it under the laws of the State of Florida; (2) the consent of the SUBLESSEE to be sued; or (3) a waiver of sovereign immunity beyond the waiver provided in Section 768.28 of the Florida Statutes. SUBLESSEE shall provide and maintain Workers' Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage include Employer's Liability with a minimum limit of one million dollars and no cents $ I00,000.00 each accident. The SUBLESSEE shall deliver to the COUNTY and the SUBLESSOR self insurance certificates (Certificates of Insurance) prior to the utilization of the Demised Premises. The SUBLESSEE agrees to make no changes or cancellations of the insurance without thirty (30) days prior written notice to the COUNTY and the SUBLESSOR. Page 5 of'13 Lease No. C-9403 ARTICLE 11. Assignment and Subletting by SUBLESSEE The SUBLESSEE shall not voluntarily or by operation by law assign, transfer, sublet or otherwise transfer or encumber all or any part of the SUBLESSEE'S interest in the Agreement or in the Demised Premises, without the SUBLESSOR'S prior written consent. ARTICLE 12. Permits The SUBLESSOR acknowledges that following the execution of this Agreement, the SUBLESSEE shall contact the appropriate local governmental agencies for the purpose of obtaining all building permits and approvals, zoning changes and/or approvals, variances, use permits, and other governmental permits and approvals, collectively called "Permits," necessary for the operation, and maintenance of the Demised Premises. The SUBLESSOR agrees to fully cooperate with the SUBLESSEE in obtaining the Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificates, affidavits or oth~-documents that may be required in connection with the Permits. ARTICI.E 13. Consent Whenever under the Agreement the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such deterrmnations shall be made on a reasonable basis and in a reasonable manner. ARTICLE 14. Fencin~ If the SUBLESSEE'S equipment shelter cannot be accommodated within the SUBLESSOR'S fenced area, the SUBLESSEE is authorized to install a fence for the protection of the SUBLESSEE'S improvements to ensure the proper and efficient operations of the communications equipment within the Demised Premises. ARTICLE 15. Si~onal Blockage The SUBLESSEE is leasing the Demised Premises for the purpose of transmitting and receiving telecommunication signals from the Demised Premises. The SUBLESSEE and the SUBLESSOR recognize that the purpose behind the Agreement would be frustrated. if the telecommunication signals were partially or totally blocked, or if an obstruction were built that would cause interference with such transmission. The obstruction may be, by way of example, but not limited to: buildings or other structures in the path of the telecommunication signal. Should an obstruction occur, the SUBLESSEE agrees to make a legitimate effort to alter the antennas, with the SUBLESSOR'S approval, to correct the situation. If no commercially feasible alternative exists, the SUBLESSEE shall have the fight to terminate this Agreement by providing the SUBLESSOR with thirty (30) day written notice to the address set forth in this Agreement. GEblDA ITEl' No~ /~, E'Ct) L Page 6 of 13 Lease No. C-9403 b c d ] /~ ]999 Pg. 7 , ARTICI.E 16. Maintenance~ ~P The SUBLESSOt~ has agreed and shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of the SUBLESSOR, the SUBLESSOR'S Project Manager will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, the SUBLESSOR will cause the same to be cleaned and/or corrected and the SUBLESSOR shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by the SUBLESSEE within ten (10) days of receipt of written notice of costs incurred by the SUBLESSOR. The SUBLESSEE shall repair all damage to the Demised Premises caused by the SUBLESSEE, its employees, agents, independent contractors, guests, invitees, licensees or patrons. No excavation of any of the land around the Demised Premises shall be made. No soil or earth shall be removed from the Demised Premises and no well of any nature shall be dug, constructed or drilled on the Demised Premises without obtaining all necessary pen'nits, approvals and written authority from the SUBLESSOR and the LESSOR. ARTICLE 17. Default by SUBLESSEE Failure of the SUBLESSEE to comply with any provision or covenant of this Agreement shall constitute a default, and except as provided for in Article 4 above, the SUBLESSOR may, at its option, terminate this Agreement after fifteen (15) days written notice to the SUBLESSEE, unless the default is cured within the notice period. However, the occurrence of any of the following events shall constitute a default by the SUBLESSEE, and this Agreement may be immediately terminated by the SUBLESSOR: (a) Abandonment of Demised Premises or discontinuation of the SUBLESSEE'S operation. (b) Falsification by the SUBLESSEE or any agent of the SUBLESSEE of any report required to be furnished to the SUBLESSOR pursuant to the terms of this A~eement. (c) Filing of insolvency, reorganization, plat of arrangement or bankruptcy petitions. (d) Adjudication as bankrupt. (e) Making a general assignment for the benefit of creditors. (f) If the SUBLESSEE suffers this Agreement to be taken under any writ of execution. Page 7 of 13 Lease No. C-9403 e 1 1999 If the nature of the SUBLESSEE'S default is such that more than thirty (30) days are reasonably required for cure thereof, then the SUBLESSEE shall provide written notice to the SUBLESSOR stating the expected time in order to cure the default. The SUBLESSEE shall be required to diligently cure the default within the stated time. Said notice shall be effective upon placement of notice in an official depository of the U.S. Post Office, by registered or certified mail, postage prepaid. In the event of the occurrence of any of the foregoing defaults in this Article, the SUBLESSOR, besides other rights and remedies it may have, shall have the immediate right to cancel this Agreement and re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the SUBLESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 18. Default by SUBLESSOR The SUBLESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until the SUBLESSOR shall have failed to perform such obligations within sixty (60) days (or such additional time as is reasonably required to correct such default) after notice to the SUBLESSOR by the SUBLESSEE properly specifying wherein the SL~LESSOR has failed to perform any such obligations. ARTICI.E 19. Termination bv SUBLESSEE or SUBLESSOR This A~eement shall be subject to termination by the SUBLESSEE or the SUBLESSOR in the event of any one or more of the following events by the parties providing thirty (30) day prior written notice to the other party at the address set forth in this Agreement. Said notice shall be effective upon placement of notice'in an official depository of the U.S. Post Office, by registered or certified mail, postage prepaid. (a) The permanent abandonment of the Radio Tower by the SUBLESSOR. (b) The termination of the' SUBLESSOR'S Agreement with Collier County as SUBLESSOR (c) The lawful assumption by the United States Government, the State of Flohda or any authorized agency or agencies thereof of the operation, control or use of the Radio Tower in such a manner as to substantially restrict the SUBLESSEE operating ..... therefrom for a period in excess of ninety (90) days. (d) The issuance by any court of competent jurisdiction of any injunction in any way substantially preventing or restraining the use of the Radio Tower, and the remaining in force of such injunction for a period excess of ninety (9( } days. ' - AGENDA f'EEM'~ No ,~l~ ~.. Page 8 of 13 Lease No. C-9403 5::~ 1 ~ 1999 Pg. ~ ARTICLE 20. Notices Any notice which the SUBLESSOR or the SUBLESSEE may be required to give to the other party shall be in writing and shall be mailed to the other party at the address provided below, or to such other address as either party shall have designated to the other and the time of the rendition of such shall be when same is deposited in an official United States Post Office or postal service depository, postage prepaid. Notwithstanding anything herein to the contrary, all payments of rent, percentage rent maintenance or other sums provided for herein to be paid by the SUBLESSEE shall be paid to the SUBLESSOR at the address below: SUBLESSOR: SUBLESSEE: GTE Wireless of the South Incorporated South Florida Water Management District 600 North Westshore Boulevard 3301 Gun Club Road Suite 900 Building B 1 Tampa, Florida 33609 West Palm Beach, Florida 33416 cc: Collier County, Real Property Mgt. Dept. Attention: Procurement A~IENDA ITEM '" No,. Page 9 of 13 Lease No. C-9403 1 1999 PO .... , ,_ ARTICLE 21. Surrender of Premises The SUBLESSEE covenants and agrees to deliver up and surrender to the SUBLESSOR possession of the Demised Premises upon expiration of this Agreement, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Agreement or may have been put by the SUBLESSOR for the SUBLESSEE or by the SUBLESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond the SUBLESSEE'S control expected. ARTICLE 22. General Provisions The SUBLESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and ackno..wledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of the SUBLESSEE and shall involve no cost or expense to the SUBLESSOR. Notwithstanding an~hing herein contained that may be or appear to be the contrary, it is expressly understood and agreed that the fights granted under this Agreement are non-exclusive, and the SUBLESSOR herein reserves the fight to grant similar privileges to another sublessee or other sublessees on other parts of the Demised Premises. Rights not specifically granted the SUBLESSEE by this Agreement are hereby reserved to the SUBLESSOR. The SUBLESSEE shall at no time dunng the term of this Agreement interfere with any activities conducted by the SUBLESSOR or other tenants at the Demised Premises. ARTICLE 23. Reimbursement All terms, covenants and conditions herein contained to be performed by the SUBLESSEE shall be performed at its sole expense. ARTICI.E 24. Hazardous Materials At all times, the SUBLESSEE shall comply with all federal, state and local laws, statutes, ordinances and regulations of any kind relating to the use, storage, control, transportation and disposal of any and all hazardous materials by obtaining all necessary governmental approvals and permits with respect to such activities; fully and completely prepare and file all required reports, studies, manifests and environmental impact statements with respect to same; follow all required inspections with respect to the same and supply to the SUBLESSOR evidence of compliance with this Article in form and substance satisfactory to the SUBLESSOR upon the SUBLESSOR'S request therefore; and notify the SUBLESSOR in writing of the handling and storage h- it~lfllll~tqD,~l.rl~ll Page i0 of 13 Lease No. C-9403 S~P 1 materials on the Demised Premises. If the SUBLESSEE shall desire to use or store Hazardous Materials on the Demised Premises at any time: At all times, the SUBLESSEE (i) shall comply with all federal, state, and local laws, statutes, ordinances and regulations of any kind relating to the use, storage, control, transportation and disposal of such Hazard Materials, (ii) shall obtain all necessary governmental approvals and perm/ts with respect to such activities, (iii) shall fully and completely prepare and shall file all required repons, studies, manifests and environmental impact statements with respect to the same and shall follow all required inspections with respect tot he same and (iv) shall supply to the SUBLESSOR evidence of compliance with this section 25 in form and substance satisfactory to the SUBLESSOR upon the SUBLESSOR'S request therefor. The SUBLESSEE shall notify the SUBLESSOR in writing of the handling and storage of hazardous materials on the Demised Premises. As used herein, "Hazardous Materials" shall mean: (1) "Hazardous substances" and "pollutants and contaminants" as defined in CERCLA 42 USC subsection 9601 (14) and (33) and regulations issued pursuant thereto; (2) "Extremely hazardous substances", "hazardous chemicals" and "toxic chemicals" as defined in Emergency Planning and Community Right to Know Act, 42 USC subsection 1102 (a), 1121 (e) and 1122 (c) and regulations issued pursuant thereof. (3) "Hazardous chemicals" within the meaning of OSHA'S Hazard Communication rules, 29 CFR subsection 1910. 1200; (4) Any such mater/als regulated under state or local environmental laws and regulations similar to the foregoing federal author/ties listed in (1) - (3) above; and (5) Any mater/als not covered by, or exempted from, the sources listed in paragraphs (1) - (4) above, that may nevertheless pose a threat to human health or welfare or to the environment including, without limitation, petroleum, including crude oil or any fraction thereof, and radon. ARTICI.E 25. Condemnation of Demised Premises Should all or any part of said Demised Premises be taken by any public or quasi-public agency or entity under the power of eminent domain during the term of this Agreement; (a) The LESSOR, SLTBLESSOR or SUBLESSEE may terminate this Agreement by giving the other thirty (30) days' written notice of condemnation. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Offir ~ 'P~oiet~.red · ~eENDA ITEM'. Page 11 of 13 Lease No. C-9403 or Certified Mail, Postage Prepaid. (b) Any and all damages and compensation awarded or paid because of the taking shall belong to the LESSOR. ARTICLE 26. Effective Date This Agreement shall become effective upon execution of same by all parties. ARTICLE 27. Miscellaneous This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for clams under state law and in the Southern District of Florida for any clams which are justiciable in federal court. This Agreement may be amended only with the written approval of the parties hereto. Notwithstanding any provisions of this Agreement to the contrary, the parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, 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 perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. 'AGENDA._ITEM No Page 12 of 13 Lease No. C-9403 S':? I q In testimony whereof, the SUBLESSOR and the SUBLESSEE have caused this Agreement to be signed upon the day and year first written above. "'- AS TO SUBLESSOR: GTE WIRELESS OF THE SOUTH INCORPORATED SCSi ~n~ture0~ ¢ ~'~ P~esid~i],'Flori ida and-Gulf Coast Region print name 1 Print name AS TO SUBLESSEE: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, DATED: Si=~n-au#e Sheryl G. W~ffDirector, Procurement Print name Print name CONSENTED to this ~ day of ,199~'. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl IJER COUNTY, FLORDA BY: BY: , Deputy Clerk PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: -Ik, i~ F. Ar..kton, Assistant County Attorney Page 13 of 13 Lease No. C-9403 / Exhibit "A" Page 1 of 2 IMMOKALEE TOWER SITE PLAN STOCKADE ROAD T O W E R A C C E S S A ;HELTERS ~274 FOOT SELF SUPPORTING TOWER 1 3 I - 12 X 20 COLLIER COUNTY $00 MHz ....... 2 - 12 X 10 LEE COUNTY ELECTRIC CO-OP 3-12X20 GTEMOBILNET ANTENNA MOUNTING HEIGHTS - SPECIFIC MOUNTING LOCATION TO BE DETERMINED ~--'~-' - COLLIER COUNTY: 2 800 MHz ANTENNAS 274 FEET 2 6' 6 GHZ MICROWAVE DISH 185 FEET 2 4' 6 GHZ MICROWAVE DISH 155 FEET GTE MOBIL NET: 360 DEGREE MOUNTING 258 FEET LEE COUNTY CO-OP: I VHF DB 224 153.425 TRANSMIT 250 FEET I VHF DB224 153.485TRANSMIi-,u6~~(/./)- DA I UHF DB224 452.050 TRANSMIF 19 S£? I i999 PO, ~ . f L 14]' 133.N' [ f i~I)NI J 0 2~05' .c~c lUMOKAL£I[ ~ £C 22 EXECUTIVE SUMMARY REQUEST APPROVAL FOR SOLE-SOURCE PURCHASING OF 800 MHz RADIO EQUIPMENT AND SERVICES. OBJECTIVE: Request approval for sole-source purchasing of 800 MHz radio equipment and services. CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson Inc. for construction of an Ericsson EDACS 800 MHz trunked radio system. Pricing for system components and end user equipment (mobile and portable radios) in Contract 94-2201 was valid until the end of the warranty period for the radio system. The warranty period ended on July 31, 1999. Approval of sole-source purchasing is requested for the following reasons: · Trunked radio systems use proprietary software and technology protocols to control radio system operation. Mobile and portable radio units must be compatible with these protocols. · Ericsson requires that any future upgrades to radio system components, including software upgrades, be performed by an authorized EDACS maintenance provider if the upgrades are to be warrantied by Ericsson. · Due to the complex nature of trunked radio systems, Ericsson has a limited number of dealers authorized to sell and maintain EDACS trunked radio systems and products. Communications International Inc. is the authorized Premier EDACS provider in Florida. · Since November 1997, Communications International Inc. has been assigned to Collier County, as Ericsson's subcontractor, for sales and maintenance support Of the County's radio system during the initial warranty period. This support will continue until July 30, 2002, the end of the three-year maintenance period approved by the Board on February 23, 1999. · With the end of contract pricing, Collier County will purchase end user equipment and system components at a discount of 25% off current list pricing, Ericsson's standard government discount. Staff will verify that purchases meet the 25% discount level. · There at no other sources for Ericsson EDACS equipment properly qualified to meet Collier County's requirements. '"' AGENDA- IT. EM ,. No, I(,~' S£P ! 1999 FISCAL IMPACT: Staff estimates that costs for 800 MHz components and equipment will increase approximately 5%. FY 00 budget instructions reflected this anticipated increase. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve sole-source purchasing of radio system components, end user equipment and services for the 800 MHz radio system from Communications International Inc., as Ericsson's authorized agent for sales and service in Collier County. PREPARED BY: _,. John Daly, Radio Communications Manager REVIEWED BY: William Coakley, Informatj6n Technology Director Steve Camell, Purchasing DireCtor REVIEWED Leo Ochs, Support Sery.)fies~idministrator ERICSSON Date: July 19, 1999 To: Collier County Distribution - 800 MHz Trunked Radio System Users From: Ericsson Inc. Subject: Contract Radio Equipment Pricing Dear Radio Users: The Contract Pricing for all 800 MHz Trunked Radio Products and Service Parts will expire on July 31, 1999. However, Purchase Orders with contract pricing will be accepted until the close of business day August 16, 1999 to accommodate any outstanding quotes. Beginning August 1, 1999, Ericsson will extend a flat 25% discount off the current list price of all Ericsson terminal radio (mobile & portable) and backbone system products. Service Parts products, including some radio accessories sold separately, do not qualify for this 25% discount. Service Parts price quotes and orders may be handled either direct from Ericsson's Service Parts Department in Lynchburg or indirectly through any of Ericsson's Authorized Service Centers. If you have .any questions regarding this matter, please do not hesitate to contact me. Sincerely, / David Jacobs District Sales Manager cc: Communications Intemational Inc. RECEIVED '"r ~ ~ ....n~ TECHNF)~ r,,~ JUL 2 t.qg9 Certific~t~ N.mber FM I1374EUS/L Ericsson Inc. Private Radio Systems 5130 Eisenhower Blvd., Suite 246 Telephone: (813} 885-4499 Tampa, Florida 33634 FAX: (813) 882-6333 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS TO FUND 517, GROUP HEALTH INSURANCE. OBJECTIVE: To seek approval from the Board of Commissioners of a budget amendment to Fund 517, Group Health and Life Insurance. CONSIDERATIONS: The Board of Commissioners operates a self-insured group health insurance program to provide health insurance for its eligible employees and those of participating constitutional officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study as of September 30'~ each year to assure the proper funding of the plan. Staffhas utilized these actuarial evaluations to project future plan costs for reserving, budgeting and rating purposes. To further assure accuracy for budgeting purposes, an additional actuarial evaluation was performed as of March 31, 1999. Actual claims experience is trending above actuarial forecast at this point. In order to avoid a delay in the release of claims payments due to a potential funding insufficiency, it is requested that budget amendments of $500,000 be approved to fund claims through September 30, 1999. In order to maintain sufficient state required reserves, it is recommended that funds be transferred from Workers' Compensation Reserves to accomplish this budget amendment. Based upon current claims costs, a budget amendment is necessary to fund claims for the remainder of FY 99. Please note the following actual and projected claims information: FY 99 Budgeted Claims $5,750,000 Actual Claims ( as of 7/31/99) $5,082,590 Actuarial Projection $5,678,904 Staff Projection $6,100,000 Budget Amendment Needed $500,000 GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The fiscal impact will be reducing the Workers' Compensation Fund reserves by $500,000 and transferring it to the Group Life and Health Fund for the payment of insurance claims. RECOMMENDATION: It is recommended that the Board approve the necessary budget amendments to fund health insurance claims in the amount of $500,000 through a transfer from the Workers' Compensation Fund to the Health Insurance JfffW'alker, CPCU, ARM, Director, Risk Management Department Supp~Se. jv~ees }kdministratorDATE: Leo E. Ochs, Jr., ~ ,., 1 1999 pg. EXECUTIVE SUMMARY AWARD BID NO. 99-2953 FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT. ()II,II,;(YI'IVI,;: '1'o purchase i)urs(mal prt)teclive equipmcr~t fur the ('oilier t:m'~er~.cncy ,%cr~ic. cs [)cl)arlrnent [hrtmtzh the bid (:()N.'"ilI)EI,{ATION: On July 21, I0~)~) the Collier (:ounty Purchasing I)eparlment Ol')cncd hids which were dislributed to IIUIDeroLIS vendors tbr the purchase Of personal prolcclivc CClUilm~ent tbr lhc ('oilier ('oumy Emergency Services [)cparlmem This C(luipn~cnt is necessary lo provide the proper level (~ffprotectitm t(~ Emergency Services I)cp'artmcnt pcrs(mnel This equipment consists of a helmet. Iltm(I, coat, pants, _,,j (-x, 'cs and I"1,";(',-\1, I?,i P,.\(YI': Funds li~r this purchase arc appr**ximatclv $1142 14 per unif(u'n~cd protbssional t-:ends lyf cqUil'm'~cr~l purchases will come fi,mn ~l']c Fund 4~)()-144010 I'XlUil'm]cnl I'm' :_,rovdh positions will hc fi~ndcd by F.M,'-; impac! fcc fund 350 (;I{()~Y'I'II hl,.~,N.&(;I';,MI(NT I,~IP.,\("I': N'(mc I,II';(;()M.M i:;Nll,\I'I()N: That thc I'l()ard ol'('tmmy ('ommissitmcrs ax',ard Bid No 2')53 Io thc vcnch~rs as rcct)mmcndcd herein fi}r thc purchase ol'prtdcclivc equipment Ememcncy Scrviccs Department personnel Approve lhe required budget amendments SIJBMIT'I't~;I) BY' ~ Dale: .... ~IC'VeB ,l ~rig~H~attali(m ('ommantlcr ~~'x C ( ',~ ,ell. I'ul'Chas~l/u. (icncral gcrv~ccs Manaucr , 2 ,,/[4 :'"'''/I)I~!IlC, /~ .' ~,Jl~l{a-c. ('hict',g~ I;]lllcrucllt'y~ . gcrviccs~, q~ ~ )Olm'~p,~~ ~/~ 1{O ~ % IJ(~A~ ' ATTACHMENT A ITEMS RECOMMENDED FOR PURCHASE BID No. 99-2953 Emergency Service. s Department Protective Equipment Bennett Fire Equipment · Coat · Pants · All decals · Hoods · Gear Bag Ten-8 Fire Equipment · 16" Rubber Bunker Boots · Gloves · Helmets Coat- Globe #80784-9 GX7 Jacket $482.00 Pants- Globe 890784-9 GX7 Trousers $367.00 Helmet- Cairns 660 Metro $120.00 16" Rubber Bunker Boot Larosse #1500 $ 90.00 Hood- American Fireware #300-0400 $17,00 Gloves $ 30.00 Gear Bag Globe # 800140 $ 2800 ' Decals per helmet $ 8.14 Total per set ................................................ $1142.14 Bid #99-2953 Purchase of EMS Protective Equipment Project Title: Purchase of EMS Protective Equipment Project Mgr: Inquiries Sent: 76 Tabulation for Bid: 99-2953 Dianne Fiagg Packages Rec: 2 Opening Date: 21-Jui-99 ITEM DESCRIPTION '/'Equip:i:::: Prod. Coat Price Each NB · $482.00 .. Pants Price Each NB,i'!:!i 'i.ii:i:'.'$367.00 Helmet Cairns 360 No Subst. Price Each i::':':'i: $120.00 $134.00:i:!:i:i:!:!:!:}:}:i:}:!:}:i:!:i:i-i lteimct Front Decal (Approx 50) Price Each NB :: ............................... ::::::'::: i:i:i:! $2.82 · ,:....:.:::: ...... :,:,:,., ============================ Helmet Side Decal (Approx 50) Price Each NB :i::::.:i:i!:i:i i:!:! $1.40! i:i:i:i:i'!:!:i:i:i:!:!:i:i:i:i:::} Crescents as Described (Appr 50) Price Each .::i' :.::?' $11.85 $1.26 ,,,...'. ",'.'.','"-' 16" Rubber Boot Price Each ::'::i':?$90200 $91.00:i!i:iii!i:i!i!:!i!iiiiiiiiii?!i 8" Leather Boot Price Each : ii ::! $ !75..00 $189.00 " ' .......... '"'""'"'"":'":':':':':':': I 10" Leather Boot Price Each :i:: ................... ::i': $ i. 85:i00 $204.00 z :'....,',-:::.: ~ ~'1 .'. .:...','..'.''.'.'".'. '. ) ) Bid #99-2b .... Purchase of EMS Pro,..,~tive Equipment Tei128 Fire: Bennett Fire :::::::::::::::::::::::::::::::::::: ITEM DESCRII'TI()N Etluip Prod. Gear Bag Price Each $32,00 $28.00 iSelf-Containcd Breathing Apparatus Price Each $1~775~70 NB ~:~.~ ~:~:~:~ Mask Price Each ::$258:4i NB Spare Boltles Price Each . :. $530~70 NB .. . ~:~:~:~:~:~:~:~:~:3:~:~:~:~:~:~:~:~:~ 'Pass Device Price Each ::: $148i7! NB .:?~:~:~?~:~:?~:?~:~:~:?:~:~:~ · :.. ,..,..............,., .,. Delive~ Time in calendars after receipt of 21:~30 Days ~:~ 75-90 Days ::::::::::::::::::::::::::::::::::: order: , .:: :.:.: References or documentation demonstrating N° : ::::::::::::: Yes ::~:~:~:~ abilily to size and illcastll-C on-site included? '. ~ Prompt Payment Terms? Net:30:::~ ~:~::::: Net 30 ~~: Buyer: Lyn Wood :::?::::: ::::::::::::::::::: :: Witness: ROB Precup .:::.'..:..::.: .... .:.'.: ::::::::::::::::::::::::::::::::::::: .:'::.:::::::::::.:. ===================================== ............ ~:~'2:2:~ ~ ~ ~:~:~:~:2 ~:~::. ::::::::::::::::::::::::::::::::::::: ~ Page 2 of 2 APPROVAL OF ?UDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/14/99) Pelican Bay MSTUBU (Fund 109) Budget Amendment #99-399 Operating Expenses Other Contractual Services $15,000 Personal Services (15,000) Total -0- Explanation: Funds are needed for temporary laborer being used to cover water management employee on part-time/light duty since the beginning of the year due to a worker's compensation claim. MSTD General (Fund 111) Budget Amendment #99-413 Reserves Reserve for Contingencies 3,400 Contributions Contributions to MPO $(3,400) Total -0- Explanation: To reduce the budgeted County contribution to MPO to actual amount required based on MPO grant award. 1999 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR A MODIFICATION TO WORK ORDER RCS-98-BR-01 WITH BETTER ROADS, INC., FOR THE CONSTRUCTION OF SHADOWLAWN DR. AND DAVIS BLVD. INTERSECTION IMPROVEMENTS. PROJECT NO. 69183. OBJECTIVE: To gain Board approval to correct a proposal error submitted by the contractor and modify the contract amount to indicate the proper required facilities. CONSIDERATION: On June 22, 1999 the Board approved the award of the construction contract for the Shadowlawn & Davis Intersection Improvements to Better Roads, Inc.(lowest bidder). At the Pre-Construction meeting, the contractor realized a misinterpretation of the plans which dealt with a pollution control box. The plans specify a special drainage box (CDS), which is capable of collecting debris and pollutants, and would enhance our overall water quality management. The contractor (not familiar with this product), assumed the drainage box was a regular catch basin type structure. The difference in price between the two facilities is $28,145.25, which is explained in the attached correspondence from the contractor. To assure the validity of Better Roads, Inc. low bid, the bid submitted by Apac-Florida, Inc.(the only other bid submitted) was examined, and it was confirmed that Apac-Florida made the same mistake regarding the CDS box. This was an oversight, experienced by both companies and does. not change the ranking of the contractors. FISCAL IMPACT: Funds in the amount of $28,145.25 are available in Road ~ti~nn~-'~as ~aax under project 69183. Funding Source is Gas Taxes GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board ot' County Commissioners approve the proposed modification to Work Order No. RCS-98~BR-01 with Better Roads, Inc., for the construction of Shadowlawn Drive and Davis Boulevard Intersection Improvements. Mitch Momtaz, P.E., Project~ager Public Works Engineering Department ~Ao.~.j~_~,,,,) PO.,, 'Jeff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY:EDdepartm;nt °f~s~plOrtatiOn Ed Ilschner, Administrator Public Works Division AGENDA IIEJ~ .... Pg, , BETTER ROADS INC. '99 August 5, 1999 Mitch Momtaz, P.E. Public Works Engineering Division Collier Cotmty Government Center 3301 East Tamiami Trail Naples, Florida 34112 RE: Sbado~vla~vn & Davis Intersection Dear Mr. Momtaz: We are v,'riting to request a Change order for the referenced. The price on our purchase order includes furnishing and installing Item # 425-3-8 for the Lump Suni of $2,820.00. The actual price of this Item is $20,405.00 plus an installation increase of $6,400.00 for a Lump Sum total of $29,625.00. This represents a difference of $26,805.00 between our ,.---. corm'act price and the actual cost of this item. With the allowable markup of 5% the total difi'erence is 528,145.25. We request that Collier County issue the Change Order in the amount o1'$28. 145.25 to Better Roads Inc. This change will not atTcct lhe contract time If you have any questions concerning ti-tis request, please do not hesitate to contact this Respectfully Submitted BETTER ROADS INC. Joseph M. Rcstino Division Manaoer AGENDA ITEM.. Cc: filc NO.~6~,,) Pg.__ 3 - Please Reply To: ' P.O. BOX 9979 · 5590 SHIRLEY STREET · NAPLES, FLORIDA 34101 · (941) 597-2181 ° FAX (941) 597-1597 4262 CANAL STREET · FT. MYERS, FLORIDA 33916 · (941) 337-5011 · FAX (941) 337-3427 4456 TAMIAMI TRAIL · SUITE A7 · CHARLOTTE HARBOR, FLORIDA 33980 · (941) 743-2816 ° FAX (941) 566-2737 P.O. BOX 1908 · 2830 OLD STATE ROAD 8 ° LAKE PLACID, FLORIDA 33862 · (941) 465-5797 · FAX (941) 597-6609 APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/14/99) Facilities Management County Wide (Fund 301) Budget Amendment #99-418 County Maintenance Facility Improvements $18,500 Bldg. F Renovations & Other Capital Projects (18,500) Total -0- Explanation: Funds are needed to construct sewer at County Barn on County Barn Road. Road Construction Gas Tax (Fund 313) Budget Amendment #99-423 Operating Expenses $1, 3 vo Reserves Capital Outlay (1, Total -0- Explanation: Funds are needed to pay invoices for work requested by the County Attorney's office for Collier County vs. Marshall, et al with regard to Miller Boulevard. General (Fund 001) State Attorney's Office Budget Amendment #99-395 Capital - Data Processing $9,071 Capital Recovery (6,700) Operating Expenses (2,371) Total -0- Explanation: Funds are needed to purchase a laptop computer for courtroom presentations and for testing of prospective employees and an upgraded router to provide enough computer ports for personnel assigned to the Collier County offices. Community Development (Fund 113) Budget Amendment #99-412 Operating Expenses $9,798 Reserves Reserve for Contingencies (9,798) AGENDA ITE~ Explanation: Funds are needed for the Impact Fee Coordinator's salary and benefits fo] the No. remainder of FY99, and the Community Development Administrator's bonus. EXECUTIVE SUMMARY APPROVE REQUEST FOR COUNTY ADMINISTRATOR TO ATTEND MENNIGER LEADERSHIP CONFERENCE OBJECTIVE: To gain Board approval for the County Administrator to attend the Menniger Leadership Conference March 19 through March 22, 2000. CONSIDERATIONS: The seminar entitled "Personal and Interpersonal Dimensions of Leadership" will afford the opportunity to better understand the dynamics of leadership. This course is recommended for individuals in government leadership positions. FISCAL IMPACT: The registration cost for attendance at this conference is $2,800 and additional costs for travel and room accommodations are approximately $500.00. Funds are available in County Manager Administration Cost Center ~" 100110. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County approve the request for the County Administrator to attend the Menniger Leadership Conference. Prepared by: Barbara Pedone, Executive Secretary to the County Administrator ,~.==.. AGENDAJTEM MOtivati°n B h ii i- a~ Menninger Leadership Center has decided to shorten our ~:. . .i .,:: seminars to reflect the time constraints st) many of you are 7[i~ii ~ experiencing, kVe believe we have been able to keep the focus A Seminar for Personal of helping leaders better understand and better utilize the i~'~ human dynamics in organizations within the new format of and Professional Growth ;~'.4~ three days. for Government Executives '~:~' ' Man?' of you have asked for an additional seminar to further ~ i: ; enhance management and leadership skills. We ale happy to November 7- ~ o, x 999 announce that we will offer the "Personal and Interpersonal Dimensions of Leadership" seminar to government executives March 5-8, zooo for the first time in the year zooo. November 5-8, zooo . :.;.~ Each seminar concentrates on different aspects of an indMdual's ~t~ personal and professional life. The focus of "Motivation and Behavior" will be on four important themes: personal influences ,, on motivanon, stress management, developing effective and A:; satisfying relationships, and managing change. Leadership style, qualities, pitfalls, and responsibilities will be empha- ¢.7"~: { sized in the "Leadership" seminar in relation to creating a i'i healthy organization. · :-- ii \Vt believe that the value of these seminars is not }ust ~i':'.~,i in the content but also in providing a perspective not offered ~!e' I in other seminars. Our seminar faculty includes mental health i~',~: c 'i professionals who have the depth of knowledge ....... and introducing the :~:' ~ and experience that will increase understanding of the ,wr,m',-'-z ~ *7't~-J:;-'*.-"-"':~V~'w?tv'w'~-~'%, . , ,, .,, .:,, .. ~ _~ , , .- -~ - complexities of leadership and motivation. \'('c offer an · · a "'It;l* Personal, an,......eroer.sonal / approach that enhances self-understanding and self-control, Dimenii°ns' °f~.: L~a~i~''$''' F:~ !:,::~ ).;:~L..-' '; mWhich is imperative for any individualtoday,s nrganizatinns. . wh .... 'ishes to lead · ;::';,*. - 5 ' , :-:. seminar experience, we can anticipate that it '.,,'ill be snmething February 6-9, '_t)oo ii!!~": ! meaningful and valuable that the,' can use professionally and " pcrsonalK'. Participants find themselves re-energized, re-focused, March ~ 9-zz, zo~ !'h~. ;'"' ] and reflective about the challenges before them. .,, ICMA professional development Tf£) - Since 19l4, thc International (]it7,' Count) Management .C' Assocmtion I ICNI.-\I has been in thc business of encouraging '~" professional development among ~ts members. ICMA recog- ':" nizcs the benefits of thc Menninger Leadership Center's .:.: seminar as a part of its commitment to that de,,clopment. , Effective Incal government administrators need both technical · management skills and knowledge of human behavior in order to do their jobs well and maintain a healthy balance in both their professional and personal life. Building stronger organizations Thc Xlcn,,i,lger Clinic is an Equal Opportu,Ur,/Mlirman,c Actn,n One individual at a time ~ ................. d full:, complic', w,th T,dc VII ot thc (:,,il R<hts A .... , ~v"4, scctmn 'io4 of [he Rehabditation A~t t)t ~,o-;. and thc Age TNs brt~hurc is pt,lqi~hcd annua]l~ b~ Thc %~Cllrllll~ur (;[illlc. [nct~rpor.ttcd. "---~' Leadership Center ,,,.,, ~ ....... AGgN~TEM Pg. ~ Motivation and Behavior Personal and Interpersonal Objectives and Format Dimensions of Leadership This intensive three-day seminar is designed to benefit you Objectives and Format intellectually and emotionally. · ' This intensive three-day seminar is designed to help you gain You will have the opportunity to: ~ a new understanding of your personal leadership style, while · Gain a new understanding of the theuries and · · appreciating the diversity and strengths of others. You will principles of human behavior and motivation. {~ grow to understand the complexity of organizations in today's ® Gain a new understanding of "self." rapidly changing environment. · Better understand and manage the people in your workplace. · Gain a new understanding of stress and learn to control You will have the opportunity to: · Understand the dynamics of leadership. its effects by hands-on-training. Lin,4 ~ ~ · Understand your leadership style in optimum conditions · ~=rstand the dynamics of change and transition in your personal as well as professional life and the psychological J'I~: {~~11~ and stressful conditions. ramifications. · Learn how to manage and negotiate change. · Gain a new understanding of relationships. · Learn how to manage stress with hands-on-training. · Explore the dynamics of the morale curve and change. :~-.. · Understand the psych.logical dynamics of change and · Understand the true meaning of responsibility to "self." transition. · Learn potentials of diversity. The seminar format includes: · Learn how healthy individuals promote heakhy organizations. · Lectures: designed to stimulate thinking, challenge theories · Develop a leadership plan. and ideas, and promote introspection. i~,~ Thc seminar format includes: · Apphcatto~ Groups: provide an npportunity to explore ~!l~i~:'- ~5. · Strength bcplo3'me,t Im'e,t~ry: this instrument helps you professional as well as personal issues with peers and a to understand your leadership style, your strengths, and those Menninger consultant, of others. · lndw~dual Consultations: offers an excellent opportunity · Individual Cases: these will focus on developing bet' ~-,~ to explore confidential issues with a prnfesslonal Mcnninger problem-soMng techniques that match your leadersh consultant. · Presentations: designed to stimulate participants' thinking · h~f,~rmal co*~tacts: enable participants to interact with peers processes and promote introspection. informally and exchange ideas and opinions. · ~ · Apphcatton Groups: focus on real situations and practical .~ prolqem solving. Who should attend i',;;i · htdividual C,msuhattons: enable participants to explore City Managers, .Assistant City .\lanagers, Directors, Office ," confidential issues with a profcssim]al Menninger consultant. Admmistratnrs, 5Jpcrvisors, Fire Chiefs, Police Chiefs and ' others who arc m go~crnmcnt >ervice. ~ · ht/brmal (Stat Jets: provide unstructured time for interaction with peers who arc m similar positi(ms and circumstances. Location and fees ° ~1 Who should attend The seminars are held in various ;\lenninger [()cations Isce City Managers, ,Assistant City Managers, Directors, Fire registration form for dates and h)cations). The seminar starts Chiefs, Police Chiefs and others who are in government on Sunday at mmn and ends on \'('ednesday at noon. Thc leadership positions. registration fee of $z,8o{~ covers all meals and seminar materials. Hotel reser~anons for seminar parncipants arc Location and fees made automatically npon receipt of registration but ~$ c, wcred m the rcgi~trJw,,/~'e. A $6(~o deposit ~s required with The seminars are held in various Menninger locathms (see each applicati(m. Refunds and transfers must be requested at registration form for dates and h~cations). The seminar starts least l 5 days prior to thc seminar, on Sunday at noon and ends on Wednesday at noon. The registration tec of $z,Soo covers all meals and seminar materials· Hotel reserx aLi{ms for seminar participants are made automaticall) upnn receipt of registration lint is not co~,ered tn the regtstr,mon/'be. A 56oo deposit is required with each apphcation. Rerun& and transfers must be requested at least ~ 5 days prior to the seminan --AG~ENDA f~'EH - Pg. ~ Menninger Leadership Center Since t956, ttw Menninger Leadership Center has been a pioneer and a leader in training and development services specifically designed for business, industry and go~ ernment executives. Through the years, our overall objective has remained the same - to apply the unique Menninger knowl- edge of human behavior and motivation to help improve human relationships that are central to productMU, effi- ciency, creatMty, and achievement in organizations. MLC's premise is that there are no simple answers to complex problems. Learning to be a more effective professional is a process that continuously unfolds throughout a person's career, and begins with a better understanding of "self." gi Re stration Yes, please enroll mc in the seminar listed below: "Motivation and Behavior" ~ November 7-~o, ~999 (Topeka, KS) ~ March 5-8, zooo ~Virgmia-c~t~ to he announced) ~ November 5-8, zooo ~California, city. to be announced) "Personal and Interpersonal Dimensions of Leadership" ~ Fchruary 60, 2ooo ~Topcka, KS) ~.Xlarch ~9-22, 2noo (Dallas, TX) Mailing Address: ~01 g, Tom ;~m; I~ . " Send registration and $6oo deposit to: Menninger Leadership Center 834o Mission Road, Suite zo5 Prairie Village, KS 66zo6 Phone: 8oo-z88-535- Fax: v ~ 3-64~-3 ~ 5 ~ .~ http://www, menningened u/tmc_pro~corp.html AGENDA N0,. b / APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 9/14/99 Museum (Fund 198) Budget Amendment #99-431 Personal Services $1,500 Reserves Reserve for Contingencies (1,500) Total -0- Explanation: Funds are needed to cover short fall in Personal Services for Fiscal Year 99. AGENDA ITEM No./~ z.;. c 3.) SEP 1 ~ 1999 Pg. / ,. EXECUTIVE SUMMARY APPROVE AN INTER, LOCAL AGREEMENT BETWEEN THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT AND COLLIER COUNTY. OBJECTIVE: Request the Board to approve an Interlocal Agreement between the North Naples Fire and Rescue District and the Collier County Board of County Commissioners for an Advanced Life Support (ALS) engine partnership program. CONSIDERATION: The advanced life support (ALS) engine partnership program will provide Advanced Life Support services to the North Naples Fire District and surrounding areas utilizing a County EMS Paramedic/firefighter assigned to a North Naples Fire District vehicle. The response of a North Naples fire vehicle will occur .o. nly when the primary EMS Paramedic vehicle is already committed to a 911 emergency. This response parameter is consistent with the "Single Emergency Vehicle Response Program" that was implemented very successfully between Collier County and the City of Naples, City of Marco Island and the North Naples Fire District. In exchange for the County EMS Paramedic/Firefighter assigned to the North Naples Fire vehicle, the North Naples Fire District will assign a North Naples Firefighter/Paramedic to a County EMS Paramedic vehicle. This partnership program enhances the current "Single Emergency Vehicle Response Program" by providing rapid advanced life support responses to second due 911 emergencies and maintains the high quality of County EMS paramedic services. This program was implemented with the City of Naples in November 1998 and has proven very successful; it has significantly contributed to improved patient outcomes. The North Naples Board of Fire Commissioners approved the Interlocal Agreement for the ALS Partnership on August 12, 1999. Additionally, the FY 2000 budget included Fire Academy fees for those Paramedics interested in achieving fire certification. Their attendance at the Fire Academy is voluntary, and upon completion of the training and certification, they will be assigned to th~ ALS engine program. FISCAL IMPACT: Funds for the Fire Academy fees were budgeted in the FY 2000 budget; EMS Fund 490 in the amount of $15,000. Medical equipment w from EMS Impact Fee Fund 350 in the amount of fifl~y thousand do lars Incentive pay, an annual $1,500 bonus for cross trained personnel, will ,e EMS Fund 490 reserves and are estimated at a cost of $10,500 annually. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Interlocal Agreement between the North Naples Fire and Rescue District and Collier County and related budget amendments. SUBMITTED BY: Date: 6t~age, Chief of Operations "~k"~Partment,.,,,.,-,., Chief .~l~me/'gency Services Department ,-, ~, ~-- APPROVED BY: /1/[///~ ~ ~.~, Date: IMike McNees, AssiStant Coun~37 Acting Emergency Services Division Administrator AGENPA.LTF.,M,,. - SE:P ! 1999 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP THIS INTERLOCAL AGREEMENT, made and entered into this day of ,1999, by and between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "COUNTY" and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors. WITNESSETH WHEREAS, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and the COUNTY will continue to participate in the First Responder Memorandum of Understanding that provides consistent County Emergency Medical Services (EMS) Department medical direction, First Response EMS Paramedic Vehicle protocols, training and quality assurance on a county-wide basis; WHEREAS, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and the COUNTY will continue to participate in the Single Vehicle Response partnership that provides the response of an EMS paramedic vehicle staffed by a three (3) member team, consisting of two (2) EMS Paramedics and one (1) NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter to most medical emergencies in the North Naples Fire District; WHEREAS, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT seeks to enhance EMS service further through a partnership with the COUNTY; WHEREAS, the Advanced Lit~ Support (ALS) Engine Program partnership provides for a NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT · Firefighter/Paramedic to work and train on a COUNTY EMS Paramedic Unit providing advanced life support paramedic duties; and WHEREAS, the ALS Engine partnership provides for a COUNTY Paramedic/Firefighter to respond to 911 emergencies on a fire engine of the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT as a second due response in those cases when the paramedic unit assigned to that area is already committed to a 911 medical emergency to provide Advanced Life Support paramedic lutiel~kltll~l'[EM suppression duties. $37 1 1999 ! , Pg._ ;::~ , lqOW, THEREFORE, in consideration of the above premises and the mutual covenants, terms, and provisions contained herein, the COUNTY and NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT agree as follows: SECTION I .-. COUNTY'S RESPONSIBILITY 1.0 The following specific services, duties and responsibilities will be the obligation of the COUNTY regarding the ALS Engine partnership. 1.1 The COUNTY EMS Department, as a sole license provider of advanced life support under Chapter 401, Fla. Stat. (1998) and Subtitle 64E, Fla. Adrnin. Code (1998), will license and equip one (1) NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT fire engine as a non-transporting ALS vehicle under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 1.2 The COUNTY EMS Department will provide one (1) Paramedic/Firefighter to the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT 365 days per year, 24 hours per day to be utilized on a fire suppression vehicle licensed as an ALS non-transporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E. Fla. Admin. Code (1998) of the Fla. Adrnin. Code. SECTION II -NORTH NAPLES FIRE DEPARTMENT'S RESPONSIBILITY 2.0 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT shall provide and perform the following specific services, duties and responsibilities regarding the ALS Engine Partnership. 2.1 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will maintain one (1) ALS Engine licensed and equipped by the COUNTY at North Naples Fire,Station 40 and will respond to medical 911 emergencies as directed by the COUNTY EMS protocol as a second due emergency medical response vehicle when the paramedic unit assigned to their respected zones are already committed to medical 911 emergencies and first due fire suppression response. 2.2 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will continue with regular staffing of the three (3) member team Single Vehicle Response program and the medical protocol, training and quality assurance of the Memorandum of Understanding (MOU) program. 2.3 The NORTH NAPLES FIRE CONTROL AND RESCUE one (1) Firefighter/Paramedic to the COUNTY EMS Departnt ent 5£? 1 q 1999 ~,ear, 24 hours per day to be utilized throughout the County in a similar manner as COUNTY EMS Paramedics are currently utilized. SECTION III - MUTUAL COVENANTS 3.0 The COUNTY EMS Department will be responsible for assuring the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics meet all requirements for licensure and recertification as Florida Certified Paramedics. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will be responsible for assuring that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by Florida Statutes and by the rules and regulations of the Division of State Fire Marshal's Bureau of Fire Standards and Training. 3.1 The COUNTY EMS Department and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT will provide each other's department Paramedic/Firefighter similar training and internship programs as would be provided for a COUNTY or NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT employed Firefighter/Paramedic. 3.2 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will achieve COUNTY Paramedic certification within two (2) years of continuous duty on an EMS Paramedic unit and successful completion of the Collier County Paramedic Certifications process. 3.3 Once County certified, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will function within the normal COUNTY EMS Department monthly station rotation systems which will include rotation to ALS engines, as is the practice for other COUNTY EMS Department Paramedic/Firefighters. This will achieve a consistent call volume and exposure to medical calls and incidents in order to maintain expertise. SECTION IV - OPERATING PROCEDURES 4.0 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 4.1 The COUNTY EMS Department Paramedic/Firefighters will ~eet requirements, perform under the same standard operating pro~ s ! 1999 3 dommand as employees of the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT. 4.2 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and COUNTY EMS Department will recognize as equivalent the respective ranks of assigned Paramedic/Firefighters. COUNTY Paramedic/Firefighters will assume command on medical rescue calls. The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedics will assume command on fire suppression calls. Each department will provide the appropriate response of command personnel to incidents as necessary to maintain adequate scene command. SECTION V - RESOLUTIQN OF CONFLICTS 5.0 If the two governing entities' standard operating procedures, chain of command or any other unforeseen circumstances come into conflict regarding emergency medical patient care, these issues will immediately be decided in the following manner: 1. First and foremost by the medical needs of the patient; 2. The COUNTY Paramedic/Firefighters and EMS command structure will have full jurisdiction until the issues involving the medical needs of the patient are resolved. Should issues arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION Vl - SCHEDULING 6.0 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/paramedics will be on a regular monthly EMS station rotation. COUNTY EMS Department Paramedic/Firefighters will be on a regular monthly EMS station rotation that includes a monthly rotation to ALS engines. Once a NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Firefighter/Paramedic is COUNTY certified, as previously referenced in this agreement, their monthly rotation shall also include rotation to an ALS engine. SECTION VII - AGREEMENT TERM 7.0 This Interlocal Agreement shall remain in full force and effect 'rom the date first above written and shall terminate upon completion of the servi .... ~£NrlA I'rEM responsibilities mutually performed by the NORTH NAPLES ;~R~~ $ I q 1999 ,4 pg. ~' /~ND RESCUE DISTRICT and the COUNTY or until written notice of termination of same. 7.1 The COUNTY or the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT may terminate this Interlocal Agreement prior to completion of all terms of said Interlocal Agreement upon thirty (30) days' written notice to each other. 7.2 Upon execution of this Interlocal Agreement, the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT agrees not to submit an application for a Certificate of Public Conveyance and Necessity for'a period of five (5) years or until this Agreement is terminated, whichever is earlier. SECTION VIII - INSURANCE 8.0 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and the COUNTY shall maintain insurance in the minimum amounts and types as required by Florida State Statutes. 8.1 The NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and the COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. SECTION IX - MISCELLANEOUS 9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable attorney's fees. · 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT and the COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS {}163.01 (II). The COUNTY shall file ~aid a~¢Cment as soon as practicable after approval and execution by both parti~ s. AGFzJqDA ~'l~M No~ ~,G ~ _ 1 1999 $ IN WITNESS WHlg~Ol*, the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOlkIDA By: ATTEST Pamela S. Mac'Kie, Chairwoman DWIGHT E. BROCK, CLERK Approved as to form and legal Sufficiency: Robert Zachary Assistant County Attorney ~ ..~ ,.'"' NORTH NAPLES FIRE CONTROL ~ RESCUE DISTRICT FIRE BOARD By:, ~ Approved as to form and legal / Joflin Cardillo1 A{ttomey forfl .e 1Sorth Naples Fire Control istrict EXECUTIVE SUMMARY AGREEMENT APPROVAL BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE REVIEW AND UPDATE OF HAZARD ANALYSES AT FACILITIES POSSESSING EXTREMELY HAZARDOUS SUBSTANCES AT OR ABOVE THE THRESHOLD PLANNING QUANTITY WITHIN COLLIER COUNTY OBJECTIVE: That the Board of County Commissioners approve the attached Agreement (00CP-3V-09-21-22-005) between the State of Florida Department of Community Affairs and Collier County to accept the sum of $13,148.00 for the update of Hazard Analyses for registered facilities within Collier County that have Extremely Hazardous Substances on site that are in quantities above the threshold planning quantity. CONSIDERATION: With the enactment of the Superfund Amendment and Reauthorization Act of 1986 (SARA Title III) and the State &Florida Hazardous Materials Response and Community Right to Know Act of 1988 (Chapter 252, Part II, F.S.) each county was tasked to develop a response plan which meets all Federal and State requirements. This Hazardous Material Response Plan was approved and adopted by the Board of County Commissioners on August 13, 1991. In addition to Federal and State requirements, the Conservation and Coastal management Element of the Collier County Growth management Plan requires that this plan be updated biennially. To accomplish this task the Department of Community Affairs has agreed to provide funding in the amount of $13,148.00 for performing this work according to the attached Scope of Work and Schedule of Deliverables and Payments. In accordance with Florida Administration Rule 9G-6, Collier County's plan and Hazard analyses must be updated biennially with the next completion date occurring no later than August 1, 2000. FISCAL IMPACT: Grant revenues of $13,148 will be deposited into the Miscellaneous Grant Fund. Because of the uncertainty of receiving these funds, $15,000.00 was included as revenues in the FY 00 budget. Corrected revenues and expenses will be reflected in the Emergency Management operations budget for FY 00, GROWTH MANAGEMENT IMPACT: This update is required by th~. Cel!~cr Ce'ant-' ~". Growth Management Plan, Conservation and Coastal Management Eleme~ ~t Oh~A'ITEM 9.1. ' N67"fG c,,~_ SEP 1 1999 Pg. I , RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement between the State of Florida Department of Community Affairs and Collier County for the update of Hazard Analyses to the Hazardous Material Response Section of the Comprehensive Emergency Management Plan. Upon approval of this Agreement, the Emergency Management Director shall be the authorized official who will prepare and remit the invoice(s) as specified in Attachment "A", Scope of Work and Schedule of Payments. SUBMITTE Date: ~ ?~ x,-~.Kenneth F. Pineau, Emergency Management Director ~Vlichael A.'Mcl~ees, Assistant County Administrator AGENDA ITEM No. SEP 1 1999 Pg. 2_ Agreement ?umber: 00CP-3V-09-21-22-005 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY (NAME OF COUNTY) This Agreement is entered into by and between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department" and Collier County, hereinafter referred to as the "County." WITNESSETH: This Agreement is entered into based on the following facts: WHEREAS, the Department and the County reccgnize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the StaTe of Florida; and WHEREAS, the 1999 Legislature authorized funding to support ccunty hazardous materials emergency planning through the Department. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: ARTICLE I. SCOPE OF WORK A. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment A. B. The County shall perform and render such work as an independent contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper manner, satisfactory to the Department. ARTICLE II. ~-- COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. This is a fixed fee Agreement. The County shall be paid for the satisfactory delivery of the tasks set forth in the Scope of Work, Attachment A, which is incorporated herein by reference, in the amount not to exceed ($13,148), subject to any reduction or adjustment imposed on state appropriations pursuant to law. B. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment A, except as provided herein. C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Departmens. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment C). The County shall submit an Attachment C, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment C, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable, an approved copy of the hazards analyses has been sent to the applicable Local Emergency Planning Committee (LEPC) and notification has been made to all facilities that the hazards analysis information is available upon request. The county emergency management director, or an official designated in writing by the director, shall sign the Financial Invoice (Attachment C). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of Article IV. E. In the event that the County submits less than fifty (50) percent of the hazards analyses on June 1, 2000 or on August 1, 2000, then the payment due on each occasion shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. F. If the Department finds that the County is ~0t e with the terms of this Agreement, or is not in comp]ian~'~~--- other grant program administered by the Department, then ~t~o~, waiving its right to terminate this Agreement, the epar~ n 2 Pg., ,~'~ , notice,-withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return rec~ipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. G. The Department shall immediately notify the County by Certified Mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. ARTICLE III. AUDITS AND RECORDS The County agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided under this Agreement. Such books, records and documents shall be subject to inspection, review or audit by State personnel and other personnel duly authorized by the Department at reasonable times upon reasonable notice to the project manager. B. To allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. It is expressly understood that the County's refusal to comply with this provision shall be grounds for unilateral termination of this Agreement by the Department. C. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of three years after the termination date of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. ARTICLE IV. REPORTING REQUIREMENTS AND MONITORING A. The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County. Upon request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable notice, a conference for the presentation of reports or the resolution of problems. B. By December 31, 1999, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact pe~sonA(~q~.~g~.~ telephone number and one completed hazards analyses f)r ~.~ew.~(bh~- County shall also indicate the software program that till be used to generate the hazards analyses (i.e. CAMEO for Windows). S~ ~p~ent 3 reserves, the right to approve, or disapprove, software to be used to genprate hazards analyses. ARTICLE V. TERMS OF AGREEMENT A. This Agreement shall begin on the last date of signing and shall end on September 30, 2000. B. Either party may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances, or may terminate this Agreement without cause by giving thirty (30) days notice to the other party. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of. delivery. C. The Department may terminate the Agreement due to unavailability of funds with such notice by certified mail, return receipt requested, as is reasonable under the circumstances. D. The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. ARTICLE VI. MODIFICATIONS Either party may request changes to this Agreement, including adjustments in the Scope of Work to be performed and time of p~rformance. Such modifications may be proposed in writing by either party and become effective upon being reduced to writing executed by both parties. All requests for changes to this Agreement shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ARTICLE VII. SUBCONTRACTS A. If the County subcontracts any of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department, and agrees to provide the subcontractor with a copy of this Agreement and agrees to provide the Department with a copy of the subcontract. All subcontracts shall be subject to the approval of the Department B. The County agrees to include, unless prohibited by law, in the subcontract that the subcontractor shall hold the County and the Department harmless against all claims of whatever ha'~E~At~M subcontractor arising out of the performance of work uN~r the _ subcontract. ~6~- 1 1999 ARTICLE VIII. VENDOR PAYMENTS A. Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at the rate established pursuant to Section 55.03(1), Florida Statutes, on the unpaid balance. The interest penalty shall be paid within fifteen {15) days after issuing the warrant. B. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by calling the State Comptroller's Hotline at 1-800-848-3792. ARTICLE IX. STANDARD CONDITIONS The County agrees to be bound by the Standard Conditions set forth below: 1. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any reduction of the appropriation in accordance with Chapter 216, Florida Statutes (F.S.). 2. Extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement, unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the contractor. 3. Ail bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 4. Ail bills for any travel expenses, if authorized by this Agreement, shall be submitted in accordance with Section 112.061, F.S. 5. The Department of Community Affairs reserves the right.to unilaterally cancel this Agreement for refusal by the contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S., and made or received by the contractor in conjunction with the Agreement. 6. The County shall provide the Department with an annual financial audit which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General. A copy of the County's annual financial audit should be forwarded to: Department of Community Affairs AGENDA.,.IT~M Office of the Inspector General No. I~~ 2555 Shumard Oak Boulevard The Sadowski Building SEP ~ ~ 1999 5 Pg. ~ Ta!!ahassee, Florida 32399-2100 ~. Pursuant to Section 216.347, F.S., the County agrees that no f~nds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. 8. The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 9. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [The remainder of this page has been intentionally left blank.] 5£P 1 zl 1999 6 pg._ ~ .... AI~.TICLE X. TERMS AND CONDITIONS This Agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties. lIq WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. FOR THE COUNTY: FOR THE DEPARTMENT: COLLIER COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: BY: Authorized County Official Authorized Department Official Pamela S. Mac'Kie, Chairwoman Board of County Commissioners Name/Title Name/Title Date: Date: 59-6000558 Federal Employer ID Number BY: (Deputy Clerk) Approved as to Form_and Legal Sufficiency Thomas C. Palmer Assistant County Attorney AGENDA-ITEM No, tL~. ~ S EP I 1999 ATTACHMENT A SCOPE OF WORK AND SCHEDULE OF PAYMENTS HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES PURPOSE Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in this Attachment. The primary guidance document is the "Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WORK TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Notification of the County's contact person, address, telephone number and software utilized to the Department by ~ December 31, 1999, as outlined in Article IV. B. Submission of one completed hazards analysis by December 31, 1999 for review for consistency with the established planning criteria. C. Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. The Department reserves the right to waive this requirement. D. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in quantities at or above the TPQ, but have not reported to the SERC and are not included on Attachment B. E. Notify response agencies within the County of the availability of hazards analyses information and make that information available upon request. F. Notify Section 302 facilities of the availability of hazards analysis information and make that informat%g~ AGSNDA~T~M upon request. No. _ --- TASK 2: Review and Update of Hazards Analyses SZ? 1 1999 A. Review and update hazards analyses for all Facilities listed in Attachment Bt which have reported to the State E;A,ergency $ Response Commission (SERC) that they have present those specific EHSs designated by the EPA in quantities at or above the Threshold Planning Quantity (TPQ). It is required that each Attachment B facility be contacted by written survey, telephone or on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information a. Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment B listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude). c. Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility coordinator. d. List of EHSs on site Provide by Chemical Abstract Services (CAS) number a list of all EHSs used, produced, or stored at the facility. e. Transportation Routes List the main routes used to transport chemicals to and from the facility. f. Evacuation Routes Based on wind direction, identify the route(s) to exit the Vulnerable Zone (VZ). g. Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (This info rmati on i ~ _ available from the facility). AGENDA ITEM No. !~~ SEP 1 1999 2. Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS according to exhibit C of the Technical Guidance for Hazards Analysis. b. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility would have on-site at any given time. c. Amount in largest container or interconnected vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels. d. Type and design of storage container or vessel Indicate the storage method of each EHS, i.e., drum, cylinder, tank, and their respective capacities This includes system types such as manifold versus e. Nature of the hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3. Vulnerability Analysis a. Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. Plot that geographical area on a map, indicating the Vulnerable Zone. b. Estimate Facility Population Provide an estimate of the number of employees at the facility. AGENDA ITEM -..- No. ~/, & c' Critical Facilities List facilities and their populaticns ~i~ 1999 the VZ which are essential to emercency pg., !~1-- 10 response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. d. Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would be affected in a worst case release. 4. Risk Analysis a. Probability of release Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. b. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. c. Severity of consequences of damage to property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d. Severity of consequences of environmental exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. e. Historical Accident Record B. Identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: _ AGENDAITEM" 1. Facility has closed or is no longer in usiNe~~ )~r~ 2. Facility is not physically located in t e C~y~ % 999 (indicate appropriate county location, !f known). Pg .... ~ , 3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or b. A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 3: On-Site Visits A. Conduct a detailed on-site visit for a minimum of fifty (50) percent of the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). Prioritize the facilities to be visited based upon the following criteria: 1. New facilities. 2. Facilities not visited during the previous contract year. Note: It is encouraged that each Attachment B facility receives an on-site visit. This will allow for the achievement of the 100 percent on-site visitation goal desired by the SERC. B. Submit a site plan map of the location of EHSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale C. Provide a list of the fifty (50) percent of facilities visited and the date of the on-site visit. TASK 4: Final Work Product Submission of one (1) copy of completed hazards ~nalyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Documentation that all subject facilities have b-an~_,~T_~~ ~f '-" the availability of the hazards analyses informa~io~_~~'~ time frames provided in this Agreement. ~' I~ ~k II. SCHEDULE OF PAYMENTS A. The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt of items listed in Article IV.B. of this Agreement, which are due on or before December 31, 1999. B. After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachment C, Financial Invoice. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 2000 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent shall be received by the Department not later than August 1, 2000. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 2000 will not be accepted, reviewed or compensated. C. Twenty-five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, a transmittal letter confirming that an approved copy of the hazards analyses has been sent to the LEPC, and documentation that all facilities for which a hazards analysis was conducted have been notified of the availability of the hazards analyses information. This should be completed no later than December 1, 2000. AG END,,A 12~M ,, S 'r 1 1999 13 Pg'-- \'~ -- ATTACHMENT B COUNTY FACILITY LISTING Page No. 1 ATTACHMENT B - COLLIER COUNTY SECTION 302 FACILITIES 0712]/1999 SERC PHYSICAL ADORESS MAILING ADDRESS Notified REPRESENTATIVE Date COOE **** COUNTY COLLIER 02049 ALICO ' CORKSCREg BARN ALICO JEFF BURTON 07/22/1997 COUNTY ROAD 850 POST OFFICE BOX 338 941-675-2966 INMOKALEE, FL 33934' LABELLE, FL 33935 02074 BARRON COLLIER - SILVER STRAND DIV FARM 8AARON COLLIER JAMES LANIER 07/13/1995 L/~IP KEAIS ROAD 1320 NORTH 15 STREET 941'657-3602 [MMOKALEE, FL 33934 IMMOKALEE, FL 33934 ~5020 BONITA BAY PROPERTIES - BONITA BAY EAST COURSE BONITA BAY PROPERTIES GLENN L VAN RIPER 01/13/1998 2?00 ~[LO~O00 BOULEVARD 3451 BONITA BAY BOULEVARD - SUITE 202 941-495-0971 NAPLES, FL 33942- BONITA SPRINGS, FL 33923 02111 CITY OF EVERGLADES CITY - ~ATER PLANT CITY OF EVERGLADES CITY LARRY STONE 03/01/1991 JANES SCENIC ORIVE POST OFFICE BOX 110 941-695-3781 COPELAND, FL 33926- EVERGLADES CITY, FL 34139- 11018 CITY OF EVERGLADES CITY - ~TP CITY OF EVERGLADES CITY LARRY STONE 03/01/1991 NORTH COPELAND AVENUE POST OFFICE BOX 110 941-695-3781 EVERGLADES CITY, FL 33929- EVERGLADES CITY, FL 34139- 11017 CITY OF EVERGLADES CITY - ~ CITY OF EVERGLADES CITY LARRY STONE 03/01/1991 301COPELANO AVENUE POST OFFICE 80X 110 941-695-3781 EVERGLADES CITY, FL 33929- EVERGLAOES CITY, FL 34139- 09120 CITY OF NAPLES - ~ATER PLANT 2 CiTY OF NAPLES JON STAIGER 01/19/1989 1000 FLEISCNMANN BOULEVARD 735 8 STREET SOUTH 941-434-4655 NAPLES, FL 33940 NAPLES, FL 34102- 02119 CITY OF NAPLES' I,NTP ~ ~ r~ CITY OF NAPLES dON STA[GER 01/19/1989 r4~ ~ 941-434-4655 1400 3 AVENUE NORTH 'T.J 7'55 8 STREET SOUTH NAPLES, FL 33940 ~ .,d. ~-~ NAPLES, FL 34102' 09624 CLUB AT PELICAN BAY ..~ CLUB AT PELICAN BAY BOB BITTNER 07/16/1991 ?07 GULF PARK DRIVE ~0 ?0? GULF PARK DRIVE 813-597-2244 NAPLES, FL 33963- NAPLES, FL 33963- P,.ge No. 2 ) ) ) ATTACHMENT B- COLLIER COUNTY SECTION 302 r~,...ILITIES " 07/23/1999 SERC PHYSICAL ADDRESS MAILING ADDRESS REPRESENTATIVE Date Notified CODE 19402 COLLIER COUNTY UTILITIES - CARICA REPUMP STATION COLLIER COUNTY UTILITIES TIM CLEMONS 10/12/1990 GOOOLETTE FRANK ROAD AND CARICA ROAD 3301 TAMIAMI TRAIL 941.;r~2_~7558 NAPLES, FL 33962- NAPLES, FL 33962- 25110 COLLIER COUNTY UTILITIES - NORTH REGIONAL I~ATER PLANT COLLIER COUNTY UTILITIES PAUL MATTAUSCH, 08/28/1998 8005 VANDERBILT BEACH ROAO EXTENSION 3050 NORTH NORSE SHOE ORIVE OIRECTOR NAPLES, FL 33963- NAPLES, FL 33942- 941-732-2575 02132 COLLIER COUNTY UTILITIES - NORTH REGIONAL I~TP COLLIER COUNTY UTILITIES TIM CLEMONS 10/12/1990 10500 GOOOLETTE ROAD 3301 TAMIAM1 TRAIL 941-r32-2558 NAPLES, FL 33942 NAPLES, FL 33962- 19007' COLLIER COUNTY UTILITIES - PELICAN BAY I~gTP COLLIER COUNTY UTILITIES TIM CLEMONS 10/22/1990 6200 ~IATERGATE I~AY 3301 TAMIAMi TRAIL 941-7'32-2558 NAPLES, FL 33963- NAPLES, FL 33962- 02137 COLLIER COUNTY UTILITIES * REGIONAL ~/ATER PLANT COLLIER COUNTY UTILITIES PAUL MATTAUSCH, 01/09/1989 3851 UTILITIES DRIVE 3050 NORTH HORSE SHOE DRIVE DIRECTOR NAPLES, FL 33941- NAPLES, FL 33942- 941-732-25r5 02453 CONSOLIDATED CITRUS L P - GATOR SLOUGH CITRUS GROVE CONSOLIDATED CITRUS LIMITED PARTNERSHIP SIR / MADAM 07/31/1987 GATOR LANE OFF STATE ROAD 82 25&50 AIRPORT ROAD 941-657-/.476 IMMOKALEE, FL 3393/* PUNTA GORDA, FL 33950 02454 CONSOLIDATED CITRUS L P - HIGHLANDS CITRUS GROVES CONSOLIDATED CITRUS LIMITED PARTNERSHIP SIR / MADAM 07/31/1987 3883 LAMM ROAD OFF STATE ROAD 82 25/,50 AIRPORT ROAD 9/.1-657-/.476 IMMOKALEE, FL 33934 PUNTA GORDA, FL 33950 081/.9 DAVIDsTATE RoADC BROWN82 FARMS ~ C~. ~ ~) DAVID C BRCR4N FARMS GENE BARNETT 11/01/1991 [,; /,2/* NEU MARKET ROAD - UNIT 12 9/.1-657-8231 IMMOKALEE, FL 33934 .,.._ -L:; ~ INNOKALEE, FL 33934 23?87EVERGLAOES FARMS - FEE AMNESTY pE, .1~' y~:~ EVERGLADES FARMS OSCAR YZAGUIERE 12/31/1996 IMMOKALEE, FL 33934- ~ ~ INNOICALEE, FL 3/.1/.3- Page No. 3 ATTACHMENT B - COLLIER COUNTY SECTION 302 FACILITIES 07/23/1999 SERC PHYSICAL ADDRESS COOE MAILING ADDRESS REPRESENTATIVE Date Notified 2/*029 EVERGLADES HARVESTING AND HAULING EVERGLADES HARVESTING AND HAULING PAUL J MEADOR 0/*/16/1997 3710 CAMP KEIAS ROAD POST OFFICE BOX 130 9/.1-657-5622 IMMOICALEE, FL 3/.1/.2- IMMOICALEE, FL 3/.1/.3- 23~90 F AND F FARMS - FEE AMNESTY PERIOD F AND F FARMS BILL FUTCH 12/31/1996 HIGHUAY 858 EAST BEHIND HENDRY PRISON POST OFFICE BOX 5070 9/.1-657-6268 IMMOKALEE, FL 3393/*- IMMOKALEE, FL 3393/*- 02176 FARM OP - FARM 7 FARM OP WESLEY ROAN 03/18/1992 11900 SIX LS FARM ROAD POST OFFICE BOX 3088 NAPLES, FL 33961- IMMOKALEE, FL 3/.1/,3- 02517 FARMERS SUPPLY FARMERS SUPPLY FRED HEALO 09/26/1988 710 BROWARD STREET 710 BRCYdARO STREET 9/.1-657-825/* IMMOKALEE, FL 3393/, IMMOICALEE, FL 3393/* 0218/* FLORIOA CITIES WATER o GOLOEN GATE WTP FLORIOA CITIES UATER dULIE KARLESKINT 0/*/20/1989 /*300 GOLOEN GATE PARKWAY /*8.3? SWIFT ROAD, SUITE 100 9/.1-925-3088 NAPLES, FL 33999- SARASOTA, FL 02188 FLORIDA CITIES WATER - GOLDEN GATE gWTP FLORIDA CITIES UATER JULIE KARLESICINT 0/*/20/1989 /.931 32 AVENUE SOUTHWEST /*837 SWIFT ROAD, SUITE 100 9/.1-925-3088 NAPLES, FL 33999 SARASOTA, FL 3/,231- 15121 FLORIOA WATER SERVICES - MARCO ISLANO WTP FLORIOA I~ATER SERVICES MARY ANN GLENNON 03/10/1992 SOUTH HEATHWO00 ORIVE POST OFFICE BOX 609520 /*07-880-0058 MARCO, FL 33969- ORLANDO, FL 32860-9520 100 WINDWARD DRIVE , 01/01/1988 .-~ ORLANDO, FL 32860-9520 15122 FLORIDA WATER SERVICES MARCO i 'ORES ' WTP..~ND FLORIDA WATER SERVICES MARY ANN GLENNON 03/10/1992 300 MAINSAIL ORIVE ~ POST OFFICE BOX 609520 407-880-0058 MARCO, FL 33969- ~ ORLANDO, FL 32860-9520 i ) ) ) Page No. 4 ATTACHMENT B - COLLIER COUNTY SECTION 302 r,~ILITIES 07/23/1~ SERC PHYSICAL ADDRESS MAILING ADDRESS REPRESENTAT[VE Date Notified COOE 08926 H AND R FARMS OF IMMOKALEE H AND R FARMS OF IMMOKALEE CECIL HCa/ELL 11/13/1990 NORTH COUNTY LINE ROAO OFF 8~6 EAST POST OFFICE BOX 628 941-860-0638 IMMOKALEE, FL 33934- IMMOKALEE, FL 33934- 06542 HELENA CHEMICAL - IMMOKALEE HELENA CHEMICAL SIR/MAOAM 01/01/1990 907 ALACHUA STREET 60~5 POPLAR AVENUE SUITE 500 901-761-0050 IMMOKALEE, FL 33934 MEMPHIS, TN 38119- 250?2 HOLE IN THE WALL GOLF CLUB HOLE IN THE WALL GOLF CLUB SIR MADAM 06/06/1990 3550 GOOOLETTE MORO NORTH POST OFFICE BOX 7217 NAPLES, FL 33999- NAPLES, FL 33999- 02247 IHMOKALEE WATER AND SEWER DISTRICT - AIRPORT ROAD WTP IHMOKALEE WATER-SEWER DISTRICT DAVIO E LINDSAY 01/01/1988 AIRPORT ACCESS ROAO 1020 SANITATION ROAD 941-658-3630 IMMOKALEE, FL 33934 IMMOKALEE, FL 33934 02243 IMMOKALEE WATER AND SEWER DISTRICT - CARSON ROAO WTP IMMOKALEE WATER-SEWER OISTRICT DAVIO E LINOSAY 01/01/1988 1201 CARSON ROAD 1020 SANITATION ROAO 941-658-3630 IMMOKALEE, FL 33934 IMMOKALEE, FL 33934 02245 IMMOKALEE WATER AND SEWER OISTRICT- JERRY V WARDEN WTP IMMOKALEE WATER-SEWER DISTRICT OAVIO E LINOSAY 01/01/1988 1020 SANITATION ROAO 1020 SANITATION ROAO 941-658-3630 IMMOKALEE, FL 33934 IMMOKALEE, FL 33934 02246 IMMOKALEE WATER AND SE~ER DISTRICT - ~6~TP 1MMOKALEE WATER-SEWER DISTRICT DAVID E LINDSAY 01/01/1988 140 WHITE WAY 1020 SANITATION ROAO 941-658-3630 IMMOKALEE, FL 33934 IMMOKALEE, FL 33934 06373 K MART - STORE 3144 K MART LOUIS ZEBNIK 03/25/1991 4383 NORTH TAMIAMI TRAIL ~ Cf)i,.i ~ 3100 WEST BIG BEAVER ROAD 248-637-6544 NAPLES, FL 33940 ~ -T~ ~qq TROY, MI 4808~-3163 19488 LYKES AGRI SALES ' IMMOKALEE ,-&" LYKES AGRI SALES G CONRAD HAROIE JR 11/13/1992 218 ~EST NEW MARKET ROAD ~a ~ 7 LYKES ROAD 941-465-4127 lC:) LAKE PLACID, FL 33852- IMMOKALEEo FL 33934- ~ ~ Page No. 5 ATTACHMENT B - COLLIER COUNTY SECTION 302 FACILITIES 07/23/1999 , SERC PHYSICAL ADDRESS MAILING ADDRESS REPRESENTATIVE Date Notified COOE 09789 MANATEE FRUIT o NAPLES FARM MANATEE FRUIT UHITING PRESTON 02/28/1~91 5107 14 AVENUE SOUTHEAST POST OFFICE BOX 128 961-721-0600 NAPLES, FL 33999- PALMETTO, FL 36220- 22030 MANLEY FARMS - IMMOKALEE FARM MANLEY FARMS CHUCK HAUTOT 12/05/1990 527'5 CAMP KEAIS ROAD 2077 PINE RIDGE ROAD 961-992-6103 IMMOKALEE, FL 33936- NAPLES, FL 33962-2101 23378 MECCA FARMS - MAY FARM 2 BLOCKER MECCA FARMS HARK SHA~ 02/26/1993 CAMP KEA]S ROaD 3 MILES SOUTH OF CR 8/,6 POST OFFICE BOX 3768 561-968-3o05 IMNOKALEE, FL 33934- LAKE I~ORTH, FL 33465-3768 25082 NAPLES BEACH GOLF COURSE NAPLES BEACH GOLF COURSE SIR / MADAM 05/06/1993 851 GULF SHORE BOULEVARD NORTH 851 GULF SHORE BOULEVARD NORTH NAPLES, FL 33960- NAPLES, FL 33940- 06809 NAPLES ICE - FEE AMNESTY PERIO0 J P ALBERT ICE JIM ALBERT 12/30/1996 1901J AND C BOULEVARD 1901J AND C BOULEVARD 941-594-0011 NAPLES, FL 33962 NAPLES, FL 33962 02451 NOBLES FARMS - IMMOKALEE TOMATO GRCR~ERS NOBLES FARMS, INCORPORATED LE~IS NOBLES 01/01/1988 STATE ROAD 866 POST OFFICE DRAWER 2310 961-657-6249 IMMOKALEE, FL 33934 LABELLE, FL 33935- 02223 NTGARGIULO - GCFdV FARM ? NTGARGIULO LP DAVID LOPEZ 09/25/1989 14 AVENUE SOUTHEAST 15000 OLD 41 NORTH 941-597-3131 NAPLES, FL 33961- O:~q~)l NAPLES. FL 33963~8415 06855 NTGARGIULO - S ~ F FARMS ~ NTGARGIULO LP DAVID LOPEZ 11/02/1990 05764 ORANGE TREE UTILITIES WTP AND ITP ORANGE TREE UTILITIES ROBERTO BOLLT 05/29/1990 13600 IMMOKALEE ROAD NAPLES, FL 33964 ~ II~ 3000 ORANGE GROVE TRAIl 941-353-1389 NAPLES, FL 36120- ATTACHMENT B ' COLLIER COUNTY SECTION 302 fAC1LII1ES Page Ho. 6 0712311999 REPRESENTATIVE Omte Notified MAILING ADDRESS sERC pHYSICAL ADoRESS 01/01/1988 COOE FRED TAYLOR pACIFiC COLLIER FRESH 9~1-657-52'2 022&8 PACIFIC COLLIER FRESH 925 NEW HARVEST ROAD 925 HARVEST ROAO IMMOK, ALEE~ FL 3393* IHMOKRLEE, FL 3393~ CLYDE HOLLAND 12/27/1988 PACIFIC TOMATO GROWERS 0237~J PACIFIC TOMATO GROWERS 16~50 SOUTH TAMIAMi TRAIL 9500 COUNTY ROAD 858 FORT MYERS, FL 3)9 05/18/1991 IMMOKALEE, FL 3393& TiM STEPHENS PORT OF THE ISLANDS 9Al.6&2-9219 08267 PORT OF THE ISLANDS COMMUNITY iMPROVEMENT 12600 UNION ROAD 12600 UNION ROAD NAPLES, FL 339~2- 08/23/1990 NAPLES, FL 35942' JEFF HiLL R S AND SON FARMS 9~1-992'69~3 07018 R S ANO SON FARMS ' 858 15520 EAST BONITA BEACH RoAD &781 OIL WELL MORO OFF COUNTY ROAD 858 BONITA SPRINGS, FL 35925°800? i NAPLES, FL 5596/* CATHY GosNELL 02/19/1996 sPRINT cOMMUNICATIONS 913-624-3368 22581 SPRINT COMMUNICATIONS ' GOLDEN GATE CENTRAL OFFICE 11880 COLLEGE BOULEVARD KSOPAJ030) 4661 SUNSET RORO SHAWNEE MISSION, KS 66210- HAPLES, FL 339~' CATHY GOSNELL 22536 SPRINT COMMUNICATIONS iMMOKALEE CENTRAL OFFICE SPRINT COMMUNICATIONS - 11880 COLLEGE BOULEVARD KSOPAJ030) 913.62~-3368 201 NORTH 3 SHAW'NEE MISSION, KS 66210- iMMOKALEE, FL 3393~' CATHY GOSNELL 02/19/1996 15950 SPRINT COMMUNICATIONS MARCO ISLAND CENTRAL OFFICE SPRINT COMMUNICATIONS 913-62~-3~68 - 11880 COLLEGE BOULEVARD KSOPAJ0303 ~01 BALD EAGLE DRIVE ....... SHAWNEE MISSION, KS 66210' CAIHY GOINELL 02/1911996 ~ MARCO, FL 3393?- '0 SPRINT COMMUNICATIONS 913-62~-3368 .... . to-,uT coMMUNICATioNS ' NAPLES AI ,ONT RLSr,~ - O') 11880 COLLEGE BOULEVARD KSOPAJ0303 3150 RADIO ROAD 'Ii SHAWNEE MisSION, KS 66210' CATH~ GOSNELL NAPLES, FL 339~2- 15951 SPRINT COMMUNICATIONS ' NAPLES MHRING CE~L ~ SPRINT COMMUNICATIONS 11880 COLLEGE BOULEVARD KSOPAJ0303 913-62&-3368 , 997 26 AVENUE MORT H SHAWNEE M'SS'ON' KS 66210' i NAPLES, FL $39&0' I Page No. ? ATTACHMENT B - COLLIER COUNTY SECTION 302 FACILITIES 07/23/1999 SERC PHYSICAL ADDRESS MAILING ADDRESS REPRESENTATIVE Date Notified COOE 22569 SPRINT COMMUNICATIONS - NAPLES SOUTHEAST CENTRAL OFFICE SPRINT CORqUNICATIONS CATHY GOSNELL 02/19/1996 3615 THC~ASSON AVENUE 11880 COLLEGE BOULEVARD KSOPAJ0303 913o624-3368 NAPLES, FL 33962- SHAt/NEE MISSION, KS 66210- 22570 SPRINT CC~IMUNICATIONS - NORTH NAPLES CENTRAL OFFICE SPRINT COMMUNICATIONS CATHY GOSNELL 02/19/1996 10201 NORTH TAMIAMI TRAIL 11880 COLLEGE BOULEVARD KSOPAJ0303 913-62/*-3368 NAPLES, FL 33963- SHAt/NEE MISSION, KS 66210- 02061 TERRA INTERNATIONAL TERRA INTERNATIONAL HARRY HOLLEY 01/01/1991 800 EAST MAIN STREET 4094 PAUL BUCHMAN HIGHt/AY 813-7'52-1177 IMMOKALEE, FL 34142- PLANT CITY, FL 33565- 0244? THOMAS PROOUCE- NAPLES FARM THOMAS PROOUCE RICHARD L t/ILSON 02/01/1989 15901 EAST US HIGHI4AY /,1 9905 CLINT MOORE ROAD 561-482-1111 NAPLES, FL 34114- BOCA RATON, FL 33496 05638 TROYER BROTHERS OF FLORIDA TROYER BROTHERS OF FLORIDA DONALD TROYER 10/27'/1989 3000 STATE ROAD 29 POST OFFICE BOX 599 9/.1-369-5588 IMMOKALEE, FL 3414~.- IMMOKALEE, FL 34143-0599 02/,59 UNITED AGRI PROOUCTS UNITED AGR] PROOUCTS BURT MCKEE 01/01/1992 116 JEROME DRIVE /,10 SOUTH t/ARE BOULEVARD - SUITE 800 813-621-4433 IMMOICRLEE, FL 3393~, TAMPA, FL 33619- 02496 t/ILLIAMS FARMS OF IMMOKALEE - LAKE TRAFFORO DIVISION WILLIAMS FARMS OF IMMOKALEE JAMES t/[LLIAMS Ill 10/23/1989 EAST IMMOKALEE DRIVE LEFT AT RADIO TCNER 1300 NORTH 15 STREET 941-657-5188 IMMOKALEE~ FL ~93&- IleqOKALEE, FL 33934- II £,-i P ~ ATTACHMENT C FINANCIAL INVOICE FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE COUNTY/AGENCY AGREEMENT COST CLASSIFICATIONS AMOUNT AMOUNT APPROVED REQUESTED BY THE BY THE COUNTY* DEPARTMENT 1. Contact and Timeline (20% Max.) $ $ 2. Hazards Analyses (27.5% Max.) (50% completed/submitted) $ $ 3. Hazards Analyses (27.5% Max.) (50% completed/submitted) $ $ 4. Final Work Product completed $ (25% Max) TOTAL AMOUNT $ $ (To be completed by the Department) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized Official/Title Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ AUTHORIZED BY (To be completed by the Department) *Request amount should reflect current payment only. AGENDA ~TEM -- EXECUTIVE SUMMARY MODIFICATION OF LOCAL MITIGATION STRATEGY CONTRACTUAL AGREEMENTS BETWEEN COLLIER COUNTY AND THE CITIES OF EVERGLADES CITY, MARCO ISLAND AND NAPLES OBJECTIVE: That the Board of County Commissioners extend the period of Local Mitigation Strategy Contracts with the cities of Everglades City, Marco Island and Naples from July 31, 1999 to December 31, 1999, and correct the contract amount for the City of Naples from $7,500 to $15,000. CONSIDERATION: Collier County entered into an Agreement with the Department of Community Affairs for the development of a Local Mitigation Strategy for Collier County on April 28, 1998. Subsequently, contracts were signed with the cities of Everglades City, Marco Island and Naples for their participation in this Unified Local Mitigation Strategy. The contracts were approved by the Board of County Commissioners on July 28, 1998 with a termination date of July 31, 1999. On April 6, 1999, the County approved a modification the Agreement with the Department of Community Affairs extending the "deliverables" due date from April 30, 1999 to August 31, 1999. As a result, the contracts with the three municipalities should be extended to December 31, 1999. The Local Mitigation Strategy is due to the Department of Community Affairs on or before August 31, 1999 for their review and approval. Once the Department of Community Affairs has approved the Unified Local Mitigation Strategy for Collier County, DCA will forward to the County the remaining balance under the contract. The County, in turn, will for forward the approved monies to the municipalities. The contract amount between the City of Naples and Collier County was erroneously entered as $7,500 on page 10 of the contract. The correct amount should be $15,000 as specified in Attachment E, Local Mitigation Strategy Funding Allocation, Contract #98- LM-4H-0921-01-011 between Collier County and the Department of Community Affairs. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None No._~ $£? 1 1999 RECOMMENDATION: That the Board of County Commissioners approve the attached Modification # 1 to the contracts between the Cities of Everglades City, Marco Island and Naples extending the period of the contract from July 31, 1999 to December 31, 1999, and amend the contract amount for the City of Naples to $15,000 as reflected in the funding allocation provided by the Department of Community Affairs. SUBMITTED~ Date: K~n.~h F. Pineau, Emergency ManagementCI~irector 'Mi{hae~ A. McNees, Assistant County Administrator S :P 1 1999 Attachment E Local Mitigation Strategy Funding Allocation Collier County JurisdictionGrant Award Everglades ' 7500 Marco Island 7500 Naples 15000 Uninc 75000 Total Award:$105,000 The total award listed above will be committed through a contract between the Department of Community Affairs and the County. All awards are intended to address activities outlined in that contract and in the Department's publication, The Local Mitigation Strategy: A Guidebook for Florida's Cities and Counties. As a condition of accepting this award, the County shall subcontract the municipal awards identified above. The final deliverable of all contracts shall be the development of a single, unified mitigation strategy. In addition to the total award listed abo. ve, the county will receive an amount equal to ten percent (10%) of each subcontracted municipal award to assist in the coordination and administration expenses associated with this project. ' AGENDA iTEM 26 No,%~, $5P 1 ~ 1999 MODIFICATION #1 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, the City of Everglades City (hereinafter "the contractor") and Collier County (hereinafter "the County") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of a unified Local Mitigation Strategy and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay of the Florida Department of Community Affairs in the provision of"the Arbiter of Storms" (TAOS) computer modeling data to the County, the parties desire to modify said agreement to revise the final deliverable due dates; and NOW THEREFORE, the above referenced agreement is modified as follows: In Paragraph 3 of the agreement, deliverable due dates are hereby amended to reflect that no deliverables shall be accepted at, er August 31, 1999 and that no request for payment nor invoices shall be accepted after December 31, 1999. Ali other provisions of this Agreement not inconsistent with this Modification #1 remains in full force and effect. AGENDA ITE $£P 1 1999 IN WITNESS WHEREOF, the parties hereto have caused this Modification #1 to be executed by their duly authorized officials as of the date below: FOR TI-[E CITY: FOR THE COUNTY: CITY OF E~le, .c~io.e~ 0_~ .~. COLLIER CO~Y muffic~p~ ~oration Sa~y Ha~lto~ Jr. Mayor Authorized CounW Official Pamela S. Mac'~e, Ch~oman Board ofCoun~ Com~ssioners Date: ~kk~Lt.~4 ~,~, ]~q~ Date: ATTEST: Dwight E. Brock, Clerk M~~ x~'~ By: M ha Daniels, City Clerk (Deputy Clerk) .a~Sufficiency ,~ l~h~m~as C. Palmer Assistant County Attorney AGENDAJTEM MODIFICATION #1 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, the City of Naples (hereinafter "the contractor") and Collier County (hereinafter "the County") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of a unified Local Mitigation Strategy and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay of the Florida Department of Community Affairs in the provision of"the Arbiter of Storms" (TAOS) computer modeling data to the County, the parties desire to modify said agreement to revise the final deliverable due dates; and WHEREAS, the contract amount was erroneously entered as $7,500 instead of $15,000; NOW THEREFORE, the above referenced agreement is modified as follows: In Paragraph 3 of the agreement, deliverable due dates are hereby amended to reflect that no deliverables shall be accepted after August 31, 1999 and that no request for payment nor invoices shall be accepted after December 3 I, 1999. In Paragraph 15, Funding Consideration, the second sentence of the agreement is amended to read "As consideration for performance of work rendered under this Agreement, the County agrees to pay a fixed fee of $15,000." All other provisions of this Agreement not inconsistent with this Modification # 1 remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Modification/ti to be executed by their duly authorized officials as of the date below: FOR THE CITY: FOR THE COUNTY: c~¥ o~ ~,~ ~ COl~m}~coum¥ ~ill ~n, Mayor Authofiz~ CounW Officifl Pamela S. Mac'~e, Cha~oman Bo~d of CounW Comssioners Date: ~,~//~./~ q Date: ATTEST: Dwight E. Brock, Clerk Tara A.-Norma~. 'Ciq~ Clerk (Deputy Clerk) Approved as to Form and Legal Sufficiency ~hoh~a~ C. Yalmer Assistant County Attorney MODIFICATION #1 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, the City of Marco Island (hereinafter "the contractor") and Collier County (hereinafter "the County") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of a unified Local Mitigation Strategy and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay of the Florida Department of Community Affairs in the provision of"the Arbiter of Storms" (TAOS) computer modeling data to the County, the parties desire to modify said agreement to revise the final deliverable due dates; and NOW THEREFORE, the above referenced agreement is modified as follows: In Paragraph 3 of the agreement, deliverable due dates are hereby amended to reflect that no deliverables shall be accepted after August 31, 1999 and that no request for payment nor invoices shall be accepted after December 31, 1999. All other provisions of this Agreement not inconsistent with this Modification #1 remains in full force and effect. ' AGENDA ITEM IN WITNESS WHEREOF, the parties hereto have caused this Modification #1 to be executed by their duly authorized officials as of the date below: FOR THE CITY: FOR THE COUNTY: CITY OF ff'~ a re, ~ )~ ~ ti_ COLLIER COUNTY ~ mum'c~al corporation / David E. Brandt, Chairman Authorized County Official Pamela S. Mac'kie, Chairwoman Board of County Commissioners Date: ~..x..~ 1. ~., } q q? Date: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Sufficiency Kenneth C. Cuyle,~r- ?Thomas C. Palmer City Attorney Assistant County Attorney Al3 E ~N/DA~ I~EM SEP 1 1999 EXECUTIVE SUMMARY APPROVAL OF WORK ORDER NO. BSW-FT.99-4 FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF AN EMERGENCY MEDICAL SERVICES AND FUTURE SHERIFF'S OFFICE FACILITY TO BE LOCATED IN GOLDEN GATE ESTATES. OBJECTIVE: To approve Work Order BSW-FI'-99-4 for Barany Schmitt Summers Weaver and Partners, Inc. to design an Emergency Medical Services substation No. 17, to include a future Sheriff's Office, to be located in the Golden Gate Estates area. CONSIDERATION: On May 25, 1999 (Agenda Item 16.G.2) the Board approved a maximum expenditure of $50,000 from the GAC land trust to purchase land and to initiate the design of an EMS substation and future Sheriff's Office facility to be located at the comer of 13th Street SW and Golden Gate Boulevard in Golden Gate Estates. FISCAL IMPACT: Staff has negotiated a fee of $56,950 with Barany Schmitt Summers Weaver and Partners, Inc. for design and construction services for the new EMS facility. There is Fourteen thousand dollars ($14,000) available in the GAC land trust (605-122390-631500-80115) for architectural/engineering services. The balance of the fee ($42,950) will be funded with EMS impact Fees, Fund 350. GROWTH MANAGEMENT IMPACT: This project would be inventoried as part of the Growth Management Plan for EMS/Government Building Facilities. £COMMENDATIONS: That the Board of County Commissioners approve Work Order No. BSW-FT-99-4 with Barany Schmitt Summers Weaver and Partners, Inc. to design an EMS facility to include a Sheriff's sub- station within Golden Gate Estates and to authorize the Chairwoman to sign the agreement after review by the County Attorney's Offi?. / .~, /,2 ..~' ~./ /. PREPARED BY: ,/-/"--~-~ L--'-~___~..---~... DATE: -- --'~-"/"~-d',/??' ./~ck Crognale, corf~mction Manager / × Department of Facilities Management / REVIEWED BY:' / :':-.', Z~:.','.''~, :'~: ~.~i DATE: Chief Emergency Medical Services Department REVIEWED BY: :-. ¢/'~>'~.-~"~'D/~ DATE: Skip Cafnp, CFM, D~rector Department of Facilities Management REVIEWED t~x. Stephen Y. ~amell, Director Purchasing Departmen~t Mike McNees, AsSistant County Administrator SEP 1 q WORK ORDER # BSW-FT-99-4 Agreement for Fixed Term Professional Architectural Services Dated July 16, 1996, (Contract #96-2498) This Work Order is for Professional Architectural Services for work known as EMS - 17, Golden Gate Estates, Architectural, Engineering and Construction Related Services. The reason for this project is to provide EMS and Sheriff's services to the Golden Gate Estates area. The work is specified in the proposal dated June 10, 1999 from Barany Schmitt Summers Weaver and Partners, Inc. which is attached hereto and made part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order # BSW-FT-99-4is assigned to Barany Schmitt Summers Weaver and Partners, Inc. Scope of Work: The Scope is described in the attached Barany Schmitt Summers Weaver proposal dated June 10, 1999 and includes all design, permitting, project management and inspection necessary for a complete project and to assure that the project has been built to design specifications. Schedule of Work:.Complete final design within 90 days from receipt of the Notice to Proceed authorizing the work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below ( if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task 1. Preliminary Design $10,700.00 Task 2. Final Design 29,000.00 Task 3. Bid Phase 1,500.00 Task 4. Construction Phase 15,500.00 Reimbursable Expenses 250,00 TOTAL $ 56,950.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Attached rate schedule dated January 1,1999is in affect for this project. J.a,g,k/Cro-gn~le, Co{~¢x~ti0n Manager Departm~ofFacilities Management .. i .. 1. , - ~k IAGENDA ITE~M~ REVIEWED BY:Diane Fla)~l~ef DATE: Department of Emergency Medical Services Work Order BSW-FT-99-4 (cont.) Page 2 ATTEST: Board of County Commissioners Dwight E. Brock Collier County, Florida By: BY; Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency. Assistant County Attorney/. " Barany Schmitt Summers Date: Weaver & Partners, Inc. Firm ATTEST; (Corporate Secretary) Signature Eugene C. Schmitt, YJce President Type Name and Title (or) Witnesses (2) Signature/ ~' Signature LSnda ~. Camp DebbJe ~. Murta?h Print Name Print Name AGENDA ITEM No~ ~L~ (~ SEP 1 1999 pg. ,~'-~ BaranySchmittStmm ersWeaver '-"'~ A N D P A R T N E R S I N C O R P O R A T E D 10 June 1999 PROPOSAL for ARCHITECTURALJENGINEERING SERVICES Proposed EMS Facility, 13m Street & Golden Gate Blvd. Collier County Government Scope of Work Dzr~,e, A Summers. A!A 1. Boundary and topographic survey. qc"a.= ,3. We=.zver. -~i& 2. Soils investigation and bearing capacity analysis. Ke:t~e:~ L. La .reefs FA 3. Site improvements to include paving, drainage, landscape, landscape <~,e:.-, 3 ..~. ~. ~:-, irrigation and signage. Surface water management system designed to "no notice" permit criteda (water quality only). 4. Water provided via an on-site water well. Sanitary disposal provided via an =.:~ '.,~e,z 3" ce -_. on-site septic system. .. :~ ~:',.a =~:~- sc .~ .:. 5. Traffic Study - not included. F:-~ ~,",'e's FL 239'9 B. Building Design ~-" 2,~-:5:~. 1. Re-use of existing EMS-12 design. F,:x ~.:~ :,~.~:=..~ 2. The following modifications, which vary from EMS-12, shall be included: _=ss.'.'~ .- ~-~c. ::~- a. Increase size of equipment bay. b. Overhead door design to have less glass. c. Add service door at rear yard. ,,:: ~s 3~ c~ - d. Provide walk-in showers in lieu of shower/tub combinations. 5'.=5 c~'e. c ::.e e. Provide accessible toilet facilities. s; .'..* -' f. Review entire design for accessibility compliance. ...... g. Provide heavy-duty garage door openers. -:~' ~-:-:::3 h. Upgrade voice/data rough-ins. FAX ~4' E43-7425 i. Minor functional floor plan adjustments as may be deemed BSsWr'a.':~ac..ccm appropriate. Related MEP revisions. j. Upgrade building structure to resist wind speeds in excess of code minimum cdteda (use 140 MPH for design). k. Add storm shutters to window openings. L:cense ,v AA C301863 I. Review MEP systems regarding latest code compliance. Innovation and Performance in Architecture and Proposed Sub-Consultants Pianning 1. Civil Engineering Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Flodda .----. 2. Soils Investigation Ardaman & Associates, Inc. 9970 Bavad i ~OaAGi~iSA I~E~ ~ - Fort Myers, :1odc~o.339,13 3. Hydrogeologist To Be Selec ed PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13m Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 2 4. Structural Engineer Clark Consulting Engineers, Inc. * 2070 McGregor Blvd. Fort Myers, Florida 33901 5. Mechanical/Electrical Engineer Burgess Engineering, Inc. * 12995 S. Cleveland Avenue, Suite 217 Fort Myers, Florida 33907 6. Landscape Architect J. Roland Lieber P.A, Landscape Architect 399 Twelfth Avenue South Naples, Florida 34102 Proposed Professional Fee A. PRELIMINARY DESIGN 1. Miscellaneous Services " - Land Survey & Topo $ 3,200.00 - Soils Investigations 2,250.00 - Estimated Hydrogeologist Fee 75000 Sub-Total $ 6,200.00 2. Design Services - Site Plan $ 500.00 - Building Modifications 1,500.00 - Water ManagemenlJ'On-Site Domestic Water and Waste 2,500.00 Sub-Total $ 4,500.00 Sub-Total, Preliminary Design $ 10,700.00 B. FINAL DESIGN 1. Civil Engineering Services $ 10,500.00 - Paving and Water Management - On-Site Water. Well - On-Site Waste Disposal (Septic) 2. Architecural Drawing Modifications 2,750.00 3. Structural Engineering Modifications 2,000.00 4. MEP Engineering Modifications 3,000.00 5. Landscape Planting & Irrigation Design 1,250.00 6. Re-Use Fee Re: EMS-12 Documents 9,500.00 Sub-Total, Final Design Phase $ 29,000.00 AGENDA ITEM . No. I,,,~-~, (; ~1 SEP 1 1999 .Pg,, ~ PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 3 C. BID PHASE 1. Pre-Bid Conference $ 300.00 2. Addenda Issue 600.00 3. Attend Bid Opening 300.00 4. Bid Review, Analysis 300.00 Sub-Total, Bid Phase $ 1,500.00 D. CONSTRUCTION PHASE 1. Pre-Construction Meeting $ 300.00 2. Shop Drawing Review 3,750.00 3. Color/Material Selections 300.00 4. Site Observations - Architectural: I ~/isitJweek x 24 weeks x $300.00 7,200.00 - Structural Engineer: 3 visits x $350.00 "1,050.00 - MEP Engineer: 3 visits x $300.00 900.00 ~ - Civil Engineer: 4 visits x $350.00 1,400.00 Landscape Architect: 2 visits x $300.00 600.00 Sub-Total, Construction Phase $ 15,500.00 E, REIMBURSABLE EXPENSES - Estimate $ 250.00 TOTAL $ 56,950.00 F. Hourly rate schedule attached hereto, EC S:lc~orop~EMS~roposal.doc ..... AGENDA iTEM - No, SEP 1 1999 Pg, , ..... , BaranySchmittSummersWeaver AND PARTNERS INCORPORATED EXHIBIT "A" CHARGE RATE SCHEDULE JANUARY 1, '1999 PRINCIPAL ARCHITECT ................................................................... $ 115.00 per ManHour ASSOCIATE ARCHITECT ................................................................... $ 95.00 per ManHour PROJECT ARCHITECT/SENIOR PROJECT MANAGER ................ $ 80.00 per ManHour PROJECT MANAGER ......................................................... $ 75.00 per ManHour CONTRACT ADMINISTRATOR ..................................................... $ '75.00 per ManHour JUNIOR PROJECT MANAGER ..................................................... $ 70.00 Per ManHour CADD TECHNICIAN ...................................................................... $ 65.00 per ManHour DRAFTSMAN ................................................................................ $ 65.00 per ManHour CLERICAL ................................................................................. $ 50.00 per ManHour REIMBURSABLE EXPENSES PRINTING & DUPLICATION ......................................... 1.15 times Architect's expended cost ARCHITECT'S BLUELINE PRINTING ................................................... $.20 per square foot MILEAGE ............................................................................................................ $.33 per mile LONG DISTANCE TELEPHONE .................................. 1.15 times Architect's expended cost POSTAGE/FREIGHT DELIVERY .................................. 1.15 times Architect's expended cost COMPUTER DISK ........................................................................................ $25.00 per disk Hourly Charge Rates and Reimbursable Expenses are subject to adjustment anmmlly, e~~f ' each calendar year. NO. ~" ¢ '~ · - SEP 1 1999 pg._ '-~-/ WORK ORDER # BSW-FT-99-4 Agreement for Fixed Term Professional Architectural Services Dated July 16, 1996, (Contract #96-2498) This Work Order is for Professional Architectural Services for work known as EMS - 17, Golden Gate Estates, Architectural, Engineering and Construction Related Services. The reason for this project is to provide EMS and Sheriff's services to the Golden Gate Estates area. The work is specified in the proposal dated June 10, 1999 from Barany Schmitt Summers Weaver and Partners, Inc. which is attached hereto and made part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order ti BSW-FT-99-4is assigned to Barany Schmitt Summers Weaver and Partners, Inc. Scope of Work: The Scope is described in the attached Barany Schmitt Summers Weaver proposal dated June 10, 1999 and includes all design, permitting, project management and inspection necessary for a complete project and to assure that the project has been built to design specifications. Schedule of Work: Complete final design within 90 days from receipt of the Notice to Proceed authorizing the work. Compensation; In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below ( if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task 1. Preliminary Design $10,700.00 Task 2. Final Design 29,000.00 Task 3. Bid Phase 1,500.00 Task 4. Construction Phase 15,500.00 Reimbursable Expenses 250.00 TOTAL $ 56,950.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Attached rate schedule dated January 1,1999is in affect for this project. PREPARED BY: 44;..,..-/ ~-~"---z--,-~-~- DATE: ~-J/~(ck ~roe,~nale, Con"'struction Manager i'/Departme~Of Facilities Management REVIEWED B'~: 1 kI ti DATE: Diane Flagg, Chief , J, ,.., Departmen! of E}mergency Medical Services 1999 Work Order BSW-FT-99~4 (cont.) Page 2 ATTEST: Board of County Commissioners Dwight E. Brock Collier County, Florida By: BY; Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency. Assistant County Attorney Barony Schmitt Summers Date: Weaver & Partners, Inc. Firm ATTEST; (Corporate Secretary) £ - Sig/;athre Eugene C. Schmitt, Vice President Type Name and Title (or) Witnesses (2) . -.~, c- Signature (~) .~.~,. ~.~. ~ , ~.~.,~,~.. (2) ~L~4~ 7~t, Signatu~ ? Linda J. Camp Debbie M. Murtagh Print Name Print Name - AGENDA~ ~TJ~M No.--t(~ "'" t. - S~P 1 ~ 1999 BaranySchmittSummersWeaver AND PARTNERS INCORPORATED 10 June 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13th Street & Golden Gate Blvd. Collier County Government Scope of Work JoseDr A =_atarv Eugere C Scr. m,~. A:A A. Site ~an~e, A. Summers. A:A 1. Boundary and topographic survey. ~o~a;: ~. '.',~a'.'er ~A 2. Soils investigation and beadng capacity analysis. K~.e:~ L. :~-..~:s -~A 3. Site improvements to include paving, drainage, landscape, landscape ~e:~, ~ ~ .~. ~:-' irrigation and signage. Surface water management system designed to "no notice" permit criteda (water quality only). 4. Water provided via an on-site water well. Sanitary disposal provided via an ~c~ '.~e,~ :- :_~ - on-site septic system, ., :-=~? =~.'a, =_~.:- z: -: .: 5. Traffic Study - not included. -.--- S. :e .=:~, ,.~,,,e,*. =_ _'-_*_'-' .= B. Building Design ~_.. ;-~._:~. 1. Re-use of existing EMS-12 design. ~.~ ~:~ :7~-~=?:~= 2. The following modifications, which vary from EMS-12, shall be included: ~ss..,,~ ~ ~; ::~ a. Increase size of equipment bay. b. Overhead door design to have less glass. c. Add service door at rear yard. ,,~r ~s _~ c~ - d. Provide walk-in showers in lieu of shower/tub combinations. s~ =.5 c~:: :~.e e. Provide accessible toilet facilities. s~ -' f. Review entire design for accessibility compliance. ';a:~_~ =: ~-"~; 9- Provide heavy-duty garage door openers. _~. ~.~. :: h. Up-grade voice/data rough-ins. .~Ax s.~: ~.::-7':~ i. Minor functional floor plan adjustments as may be deemed ~-ss':.'ra: ~- a:~ ca,,-, appropriate. Related MEP revisions. j. Up-grade building structure to resist wind speeds in excess of code minimum cdteria (use 140 MPH for design). k. Add storm shutters to window openings. L:cense ;/A~ 03018,53 I. Review MEP systems regarding latest code compliance. Innovauon and Pedormance m Architec:ure &rid Proposed Sub-Consultants Plannir~ 1. Civil Engineering Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Flodda '-'- 2. Soils Investigation Ardaman & Associates, Inc. 9970 Bavaria I ~(:T~. ~DA I'T , Fort Myers, Fl( No. , I(, ,;2. _{ 3. Hydrogeologist To Be Selecte~ S EP ! 1999 PROPOSAL for ARCHITECTURALIENGINEERING SERVICES Proposed EMS Facility, 15"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 2 4. Structural Engineer Clark Consulting Engineers, Inc. * 2070 McGregor Blvd. Fort Myers, Florida 33901 5. Mechanical/Electrical Engineer Burgess Engineering, Inc. ' 12995 S. Cleveland Avenue, Suite 217 Fort Myers, Flodda 33907 6. Landscape Architect J. Roland Lieber P.A, Landscape Architect 399 Twelfth Avenue South Naples, Florida 34102 Proposed Professional Fee A. PRELIMINARY DESIGN 1. Miscellaneous Services " Land Survey & Topo $ 3,200.00 Soils Investigations 2,250.00 Estimated Hydrogeologist Fee 750.00 Sub-Total $ 6,200.00 2. Design Services Site Plan $ 500.00 - Building Modifications 1,500.00 Water Management/On-Site Domestic Water and Waste 2,500.00 Sub-Total $ 4,500.00 Sub-Total, Preliminary Design $ 10,700.00 B. FINAL DESIGN 1. Civil Engineering Services $ 10,500.00 Paving and Water Management On-Site Water Well - On-Site Waste' Disposal (Septic) 2. Architecural Drawing Modifications 2,750.00 3. Structural Engineering Modifications 2,000.00 4. MEP Engineering Modifications 3,000.00 5. Landscape Planting & Irrigation Design 1,250.00 6. Re-Use Fee Re: EMS-12 Documents 9,500.00 Sub-Total, Final Design Phase $ 29,000.00 -- a! ,AGENDA,iTEM No, t(.~- ~,, '4 S EP I 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13m Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 3 C. BID PHASE 1. Pre-Bid Conference $ 300.00 2. Addenda Issue 600.00 3. Attend Bid Opening 300.00 4. Bid Review, Analysis 300.00 Sub-Total, Bid Phase $ 1,500.00 D. CONSTRUCTION PHASE 1. Pre-Construction Meeting $ 300.00 2. Shop Drawing Review 3,750.00 3. Color/Material Selections 300.00 4. Site Observations Architectural: 1 ,visit/week x 24 weeks x $300.00 7,200.00 Structural Engineer: 3 visits x $350.00 '1,050.00 MEP Engineer: 3 visits x $300.00 900.00 .--.--. - Civil Engineer: 4 visits x $350.00 1,400.00 Landscape Architect: 2 visits x $300.00 600.00 Sub-Total, Construction Phase $ 15,500.00 E. REIMBURSABLE EXPENSES - Estimate $ 250.00 TOTAL $ 56,950.00 F. Hourly rate schedule attached hereto. EC S:lc~prop~EM S~Proposal.doc ----- A(~ENDAjT~M NO., ir',- pt, -~,, SEP 1 1999 F,g. BaranySchmittSummersWeaver AND PARTNERS INCORPORATED EXHIBIT "A" CHARGE RATE SCHEDULE JANUARY 1, 1999 PRINCIPAL ARCHITECT ................................................................... $ 115.00 per ManHour ASSOCIATE ARCHITECT ................................................................... $ 95.00 per ManHour PROJECT ARCHITECT/SENIOR PROJECT MANAGER ................ $ 80.00 per ManHour PR©JECT MANAGER ......................................................... $ 75.00 per ManHour CONTRACT ADMINISTRATOR ..................................................... $ "75.00 per ManHour JUNIOR PROJECT MANAGER ..................................................... $ 70.00 Per ManHour CADD TECHNICIAN ...................................................................... $ 65.00 per ManHour DRAFTSMAN ................................................................................ $ 65.00 per ManHour CLERICAL ................................................................................. $ 50.00 per ManHour REIMBURSABLE EXPENSES PRINTING & DUPLICATION ......................................... 1.15 times Architect's expended cost ARCHITECT'S BLUELINE PRINTING ................................................... $.20 per square foot MILEAGE ............................................................................................................ $.33 per mile LONG DISTANCE TELEPHONE .................................. 1.15 times Architect's expended cost POSTAGE/FREIGHT DELIVERY .................................. 1.15 times Architect's expended cost COMPUTER DISK ........................................................................................ $25.00 per disk each calendar year. / SEP 1 19 P~'i WORK ORDER /4 BSW-FT-99-4 Agreement for Fixed Term Professional Architectural Services Dated July 16, 1996, (Contract #96-2495) This Work Order is for Professional Architectural Services for work known as EMS - 17, Golden Gate Estates, Architectural, Engineering and Construction Related Services. The reason for this project is to provide EMS and Sheriff's services to the Golden Gate Estates area. The work is specified in the proposal dated June 10, 1999 from Barany Schmitt Summers Weaver and Partners, Inc. which is attached hereto and made part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order # BSW-FT-99-4is assigned to Barany Schmitt Sununers Weaver and Partners, Inc. Scope of Work: The Scope is described in the attached Barany Schmitt Summers Weaver proposal dated June 10, 1999 and includes all design, permitting, project management and inspection necessary for a complete project and to assure that the project has been built to design specifications. Schedule of Work: Complete final design within 90 days from receipt of the Notice to Proceed authorizing the work. Compensation; In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below ( if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task 1. Preliminary Design $10,700.00 Task 2. Final Design 29,000.00 Task 3. Bid Phase 1,500.00 Task 4. Construction Phase 15,500.00 Reimbursable Expenses 250.00 TOTAL $ 56,950.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Attached rate schedule dated January 1,1999is in affect for this project. DATE: ?'/.2-~./? (y ..//~ack°Cmg.pale, C~nsj. m~ion Manager / / ' i-: Departmen't~Facilities Management _j!~ Diane Flagtz. Clief SEP ! q 1999 l)epartment of Emergency Medical Services Work Order BSW-FT-99-4 (cont.) Page 2 ATTEST: Board of County Commissioners Dwight E. Brock Collier County, Florida By: 'BY; Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency. Assistant County Attorney Barany Schmitt Summers Date: Weaver & Partners~ Inc. Firm ATTEST; (Corporate Secretary) ~-'~ r. ~ ~"~ By: By: Signature Eugene C. Schmitt, Vice President Type Name and Title (or) Witnesses (2) (1) . ~;:-"-:~ --' ~: ~. ;- -> ,, ,*-'/ (2) , 'Signature " Signature kinda d. Camp Debbie M. Murtagh Print Name Print Name AGENDA ITEM No, !'" /'i SEP I 1999 pg BaranySchmittSummersWeaver AND PARTNERS INCORPORATED 10 June 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government Scope of Work Jose~m A -=,~'a~y Eu_cer'e C Sc2m:m AJA A. Site Dame, A Summers, A:A 1. Boundary and topographic survey. qcraC G. '.',e~.,.er. ~qA 2. Soils investigation and beadng capacity analysis. Kerme:h L. L-~mers .-qA 3. Site improvements to include paving, drainage, landscape, landscape Ker'~em 3 z. ff. :,:~, irrigation and signage. Surface water management system designed to 'no notice" permit criteda (water quality only). 4. Water provided via an on-site water well. Sanitary disposal provided via an =:~ '.~',e~.~ :~ :.:~ on-site septic system. ,. ~.52: ~=,,a: =a ~- _% s:~':. 5. Traffic Study - not included. £. :e 3C3 =:'~ ~,~,.,e's =_ _--:~ B. Building Design ~-" z-~.:~:-'. 1. Re-use of existing EMS-12 design. =~x _:-: z-~-~=:.--~ 2. The following modifications, which vary from EMS-12, shall be included: ~ss.',~- ~ ~:, :cra a. Increase size of equipment bay. b. Overhead door design to have less glass. c. Add service door at rear yard. ,;:: -:~ 2~ c~ _- d. Provide walk-in showers in lieu of shower/tub combinations. 5' ~ ~:e ~ ~:,..~ e. Provide accessible toilet facilities. s.:',e .' f. Review entire design for accessibility compliance. ,,=:?_ =_ ~.. :: g. Provide heavy-duty garage door openers. h. Upgrade voice/data rough-ins. _.cc. ;;,x 34:~::-74:5 i. Minor functional floor plan adjustments as may be deemed Bss/,~,'r~a: ~ ac:.c,;m appropriate. Related MEP revisions. j. Upgrade building structure to resist wind speeds in excess of code minimum cdteda (use 140 MPH for design). k. Add storm shutters to window openings. L:cense ;,' AA C301853 I. Review MEP systems regarding latest code compliance. Innovation and Performance in Architec:ure and Proposed Sub-Consultants Planning 1. Civil Engineering Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Flodda 2. Soils Investigation Ardaman & Ass c_~tc~I-,~NDA ITEM ' 9970 Bavada R Fort Myers. FIo[ 3. Hydrogeologist To Be Selected SEP 1 ~ 1999 ,po, PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 2 4. Structural Engineer Clark Consulting Engineers, Inc. * 2070 McGregor Blvd. Fort Myers, Florida 33901 5. Mechanical/Electrical Engineer Burgess Engineering, Inc.* 12995 S. Cleveland Avenue, Suite 217 Fort Myers, Florida 33907 6. Landscape Architect J. Roland Lieber P.A, Landscape Architect 399 Twelfth Avenue South Naples, Flodda 34102 Proposed Professional Fee A. PRELIMINARY DESIGN 1. Miscellaneous Services " - Land Survey & Topo $ 3,200.00 - Soils Investigations 2,250.00 - Estimated Hydrogeologist Fee 750.00 Sub-Total $ 6,200.00 2. Design Services - Site Plan $ 500.00 - Building Modifications 1,500.00 - Water Management/On-Site Domestic Water and Waste 2,500.00 Sub-Total $ 4,500.00 Sub-Total, Preliminary Design $ 10,700.00 B. FINAL DESIGN 1. Civil Engineering Services $ 10,500.00 - Paving and Water Management - On-Site Water Well - On-Site Waste' Disposal (Septic) 2. Architecural Drawing Modifications 2,750.00 3. Structural Engineering Modifications 2,000.00 4. MEP Engineering Modifications 3,000.00 5. Landscape Planting & Irrigation Design 1,250.00 6. Re-Use Fee Re: EMS-12 Documents 9,500.00 Sub-Total, Final Design Phase $ 29,000.00 " AGENDA.[TEM SEP 1 zl 1999 Pg. PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 3 C. BID PHASE 1. Pre-Bid Conference $ 300.00 2. Addenda Issue 600.00 3. Attend Bid Opening 300.00 4. Bid Review, Analysis 300.00 Sub-Total, Bid Phase $ 1,500.00 D. CONSTRUCTION PHASE 1. Pre-Construction Meeting $ 300.00 2. Shop Drawing Review 3,750.00 3. Color/Material Selections 300.00 4. Site Observations - Architectural: 1 'visitJweek x 24 weeks x $300.00 7,200.00 - Structural Engineer: 3 visits x $350.00 "1,050.00 MEP Engineer: 3 visits x $300.00 900.00 ..,-.- - Civil Engineer: 4 visits x $350.00 1,400.00 - Landscape Architect: 2 visits x $300.00 600.00 Sub-Total, Construction Phase $ 15,500.00 E. REIMBURSABLE EXPENSES - Estimate $ 250.00 TOTAL $ 56,950.00 F. Hourly rate schedule attached hereto. EC S:lc~orop~EMS',Proposal.doc II AGENDA ITEM No,__ ~{; ¢~ ~ SEP 1 q 1999 Pg,. tt BaranySchmittSummersWeaver AND PARTNERS INCORPORATED EXHIBIT "A" CHARGE RATE SCHEDULE JANUARY 1, '!999 PRINCIPAL ARCHITECT ................................................................... $ 115.00 per ManHour ASSOCIATE ARCHITECT ................................................................... $ 95.00 per ManHour PROJECT ARCHITECT/SENIOR PROJECT MANAGER ................ $ 80.00 per ManHour PROJECT MANAGER ......................................................... $ 75.00 per ManHour CONTRACT ADMINISTRATOR ..................................................... $ "75.00 per ManHour JUNIOR PROJECT MANAGER ..................................................... $ 70.00 Per ManHour CADD TECHNICIAN ...................................................................... $ 65.00 per ManHour DRAFTSMAN ................................................................................ $ 65.00 per ManHour CLERICAL ................................................................................. $ 50.00 per ManHour REIMBURSABLE EXPENSES PRINTING & DUPLICATION ......................................... 1.15 times Architect's expended cost ARCHITECT'S BLUELINE PRINTING ................................................... $.20 per square foot MILEAGE ............................................................................................................ $.33 per mile LONG DISTANCE TELEPHONE .................................. 1.15 times Architect's expended cost POSTAGE/FREIGHT DELIVERY .................................. 1.15 times Architect's expended cost COMPUTER DISK ........................................................................................ $25.00 per disk Hourly Charge Rates and Reimbursable Expenses are subject to adjustment annu; Ily, . each calendar year. ~L~ ~,~j I 9 WORK ORDER # BSW-FT-99-4 Agreement for Fixed Term Professional Architectural Services Dated July 16, 1996, (Contract #96-2498) This Work Order is for Professional Architectural Services for work known as EMS - 17, Golden Gate Estates, Architectural, Engineering and Construction Related Services. The reason for this project is to provide EMS and Sheriff's services to the Golden Gate Estates area. The work is specified in the proposal dated June 10, 1999 from Barany Schmitt Summers Weaver and Partners, Inc. which is attached hereto and made part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order # BSW-FT-99-4is assigned to Barany Schmitt Summers Weaver and Partners, Inc. Scope of Work: The Scope is described in the attached Barany Schmitt Summers Weaver proposal dated June 10, 1999 and includes all design, permitting, project management and inspection necessary for a complete project and to assure that the project has been built to design specifications. Schedule of Work: Complete final design within 90 days from receipt of the Notice to Proceed authorizing the work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below ( if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task 1. Preliminary Design $10,700.00 Task 2. Final Design 29,000.00 Task 3. Bid Phase 1,500.00 Task 4. Construction Phase 15,500.00 Reimbursable Expenses 250.00 TOTAL $ 56,950.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Attached rate schedule dated January 1,1999is in affect for this project. PREPARED BY: ~./ /~ .... ~....~~ DATE: /~/~/k Crognale, C;rl,~'l~ction Manager · · ./t-' Depa~m~nt of Facilities Management i '/ACt£ND^ ITEM REVIEWED BY: DATE: Diane Flagg, Cl~ief Department of Emergency Medical Services Work Order BSW-FT-99-4 (cont.) Page 2 ATTEST: Board of County Commissioners Dwight E. Brock Collier County, Florida By: BY; Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency. Assistant County Attorney Barany Schmitt Summers Date: Weaver & Partners~ Inc. Firm ATTEST; (Corporate Secretary) Sigflature Eugene C. Schmitt, Vice President Type Name and Title (or) Witnesses (2) Signature : Signature Linda d. Camp Debbie M. Murtagh Print Name Print Name AGEN D'~, ITEM No. I(; ' ~ ., - Pg. ,, BaranySchmittSummersWeaver A N D P A R T N E R S I N C O R P O R A T E D 10 June 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13m Street & Golden Gate Blvd. Collier County Government Scope of Work Josepm A. ~arany'. A',A Eugere C. Sc,-.m,=. A~A A. Site Dan~e~ A. Summers. AIA 1. Boundary and topographic survey. .... ','er. AJA 2. Soils investigation and beadng capacity analysis. Kenne:n L. Lzmers. ~A 3. Site improvements to include paving, drainage, landscape, landscape <e¢~e:,~ ~ ~. ~. ~:A irrigation and signage. Surface water management system designed to "no notice" permit cdteda (water quality only). 4. Water provided via an on-site water well. Sanitary disposal provided via an ~:.~ '.~e~ :" :_= _- on-site septic system. ., ;~: ~.,,~-,. =~m _=:. ~.,,:. 5. Traffic Study - not included. S.:e 2CO .~-- Fa,= ~.b'e's =_ ?-~' ~ B. Building Design -~:, :,s-~:s. 1. Re-use of existing EMS-12 design. FA× ;.:: ~'~-.=:~ 2. The following modifications, which vary from EMS-12, shall be included: ssr.,.,-m. _~ ~:: ::.~ a. Increase size of equipment bay. b. Overhead door design to have less glass. c. Add service door at rear yard. ~,~:.~ c~ :~ - d. Provide walk-in showers in lieu of shower/tub combinations. =.~:- c~e: c D:".'e e. Provide accessible toilet facilities. s.,:,,~ ~ f. Review entire design for accessibility compliance. ~a: e~_ =_ ~-'-c~ g. Provide heavy-duty garage door openers. ~.~...~ ~__,_~:~ :~ h. Up-grade voice/data rough-ins. FAX ~4~ ~.;$-?.I'35 i. Minor functional floor plan adjustments as may be deemed ~ ........ appropriate. Related MEP revisions. j. Up-grade building structure to resist wind speeds in excess of code minimum criteria (use 140 MPH for design). L:cense ,~ A.A C30',863 k. Add storm shutters to window openings. I. Review MEP systems regarding latest code compliance. Innovation and Performance in Arcnitec:ure and Proposed Sub-Consultants Planning 1. Civil Engineering Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Flodda ~,---. 2. Soils Investigation Ardaman & As ~ciates~ Inc. 9970 Bavaria ~.oad AGENDA iTEM Fort Myers, Fl( dda N~.cJ13 1~; (~ ~ 3. Hydrogeologist TO Be Selecte SEP I ~t 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 15"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 2 4. Structural Engineer Clark Consulting Engineers, Inc. * 2070 McGregor Blvd. Fort Myers, Florida 33901 5. Mechanical/Electrical Engineer Burgess Engineering, Inc. * 12995 S. Cleveland Avenue, Suite 217 Fort Myers, Flodda 33907 6. Landscape Architect J. Roland Lieber P.A, Landscape Architect 399 Twelfth Avenue South Naples, Fiodda 34102 Proposed Professional Fee A. PRELIMINARY DESIGN 1. Miscellaneous Services " - Land Survey & Topo $ 3,200.00 - Soils Investigations 2,250.00 - Estimated Hydrogeologist Fee 750.00 Sub-Total $ 6,200.00 2. Design Services - Site Plan $ 500.00 - Building Modifications 1,500.00 - Water Management/On-Site Domestic Water and Waste 2,500.00 Sub-Total $ 4,500.00 Sub-Total, Preliminary Design $ 10,700.00 B. FINAL DESIGN 1. Civil Engineering Services $ 10,500.00 Paving and Water Management - On-Site Water Well - On-Site Waste'Disposal (Septic) 2. Architecural Drawing Modifications 2,750.00 3. Structural Engineering Modifications 2,000.00 4. MEP Engineering Modifications 3,000.00 5. Landscape Planting & Irrigation Design 1,250.00 6. Re-Use Fee Re: EMS-12 Documents 9,500.00 Sub-Total, Final Design Phase AGEND,~IT~i~.~ NO. S£P 1 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 3 C. BID PHASE 1. Pre-Bid Conference $ 300.00 2. Addenda Issue 600.00 3. Attend Bid Opening 300.00 4. Bid Review, Analysis 300.00 Sub-Total, Bid Phase $ 1,500.00 D. CONSTRUCTION PHASE 1. Pre-Construction Meeting $ 300.00 2. Shop Drawing Review 3,750.00 3. Color/Material Selections 300.00 4. Site Observations Architectural: 1 'visit/week x 24 weeks x $300.00 7,200.00 - Structural Engineer: 3 visits x $350.00 "1,050.00 MEP Engineer: 3 visits x $300,00 900.00 .~-- Civil Engineer: 4 visits x $350.00 1,400.00 Landscape Architect: 2 visits x $300.00 600.00 Sub-Total, Construction Phase $ 15,500.00 E. REIMBURSABLE EXPENSES - Estimate $ 250.00 TOTAL $ 56,950.00 F. Hourly rate schedule attached hereto. E C S :lc~orop~EMS~roposal.doc SEP 1 1999 BaranySchmittSummersWeaver AND PARTNERS INCORPORATED EXHIBIT "A" CHARGE RATE SCHEDULE JANUARY 1, 1999 PRINCIPAL ARCHITECT ................................................................... $ 115.00 per ManHour ASSOCIATE ARCHITECT ................................................................... $ 95.00 per ManHour PROJECT ARCHITECT/SENIOR PROJECT MANAGER ................ $ 80.00 per ManHour PROJECT MANAGER ......................................................... $ 75.00 per ManHour CONTRACT ADMINISTRATOR ..................................................... $ "75,00 per ManHour JUNIOR PROJECT MANAGER ..................................................... $ 70.00 Per ManHour CADD TECHNICIAN ...................................................................... $ 65.00 per ManHour DRAFTSMAN ................................................................................ $ 65.00 per ManHour CLERICAL ................................................................................. $ 50.00 per ManHour REIMBURSABLE EXPENSES PRINTING & DUPLICATION ......................................... 1.15 times Architect's expended cost ARCHITECT'S BLUELINE PRINTING ..................................... : .............$.20 per square foot MILEAGE ............................................................................................................ $.33 per mile LONG DISTANCE TELEPHONE .................................. 1,15 times Architect's expended cost POSTAGE/FREIGHT DELIVERY .................................. 1,15 times Architect's expended cost COMPUTER DISK ........................................................................................ $25.00 per disk AGENDA ITEM I Hourly Charge Rates and Reimbursable Expenses are subject to adjustment annuall on~'first day °tl each calendar year. SEP 1 ~ 1999 pg. WORK ORDER # BSW-FT-99-4 Agreement for Fixed Term Professional Architectural Scm'ices Dated July 16, 1996, (Contract #96-2498) This Work Order is for Professional Architectural Services for work known as EMS - 17, Golden Gate Estates, Architectural, Engineering and Construction Related Services. The reason for this project is to provide EMS and Sheriff's services to the Golden Gate Estates area. The work is specified in the proposal dated June 10, 1999 from Barany Schmitt Summers Weaver and Partners, Inc. which is attached hereto and made part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order # BSW-FT-99-4is assigned to Barany Schmitt Summers Weaver and Partners, Inc. Scope of Work: The Scope is described in the attached Barany Schmitt Summers Weaver proposal dated June 10, 1999 and includes all design, permitting, project management and inspection necessary for a complete project and to assure that the project has been built to design specifications. Schedule of Work: Complete final design within 90 days from receipt of the Notice to Proceed authorizing the work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below ( if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task 1. Preliminary Design $10,700.00 Task 2. Final Design 29,000.00 Task 3. Bid Phase 1,500.00 Task 4. Construction Phase 15,500.00 Reimbursable Expenses 250.00 TOTAL $ 56,950.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Attached rate schedule dated January 1,1999is in affect for this project. PREPARED Y:B ~i~r ~//~....._-~..,..,, .,_~ DATE: c.~' ~ ~. ~l.z~ Crognale, Con,~l~ction Manager /4)epartment of Facilities Management '/' "I / "J"' AGEND~ I,T, EM ' REVIEWED BY: DATE: ' Z~}leo- Diane Flagg, Ohief Department of Emergency Medical Services Work Order BSW-FT-99-4 (cont.) Page 2 ATTEST: Board of County Commissioners Dwight E. Brock Collier County, Florida By: BY;. Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency. Assistant County Attorney Barany Schmitt Summers Date: Weaver & Partners, Inc. Firm ATTEST; (Corporate Secretary) By: By: Signature Eugene C. Schmitt, Vice President Type Name and Title (or) Witnesses (2) 'Signature '" Signature Linda d. Camp Debbie M. Murtagh Print Name Print Name - AGEND~ ~EM NO. ~{ ,r ~',"'i, SEP 1 1999 BaranySchmittSunm ersWeaver AND PARTNERS INCORPORATED 10 June 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13m Street & Golden Gate Blvd. Collier County Government Scope of Work Josesn A ~arany A',A Eu;er'e C Sc,-,m ~ A~A A. Site Dame A Summers. AIA 1. Boundary and topographic survey. qcr'ac 3 ',',e=-,.er. A!A 2. Soils investigation and beadng capacity analysis. <e~e:~ L :~ers ~A 3. Site improvements to include paving, drainage, landscape, landscape Ke~e:~ _~ ~. ~. ~:.~ irrigation and signage. Surface water management system designed to "no notice" permit criteria (water quality only). 4. Water provided via an on-site water well. Sanitary disposal provided via an ~ '.,?e~ :" ~ _~ on-site septic system. .. ',~z? ~:,'a~ =~:m sa..%a 5. Traffic Study - not included. S~, :e ;:~. v,e,s =~ ~:?~ B. Building Design .~-" 2~s-3~:s. 1. Re-use of existing EMS-12 design. .--~.~ ~-': :75-_=:~ 2. The following modifications, which vary from EMS-12, shall be included: ~ss.'.'"..-~a: .::- a. Increase size of equipment bay. b. Overhead door design to have less glass. c. Add service door at rear yard. ~,~= e~ 3'~ c~ -~ d. Provide walk-in showers in lieu of shower/tub combinations. 5185 Za;:e: c 2r:ve e. Provide accessible toilet facilities. s~,,.:e 4 f. Review entire design for accessibility compliance. ~a:.~ =, z,~c3 g. Provide heavy-duty garage door openers. .~a' ~3-3',33 h. Up-grade voice/data rough-ins. FAX 94~ E43.74.35 i. Minor functional floor plan adjustments as may be deemed Bss',a,,~ac ~ aox.cam appropriate. Related MEP revisions. j. Up-grade building structure to resist wind speeds in excess of code minimum criteria (use ~40 MPH for design). k. Add storm shutters Io window openings. L:cense; A.A C30;863 I. Review MEP systems regarding latest code compliance. Innovation and Pedormance in Architecture and Proposed Sub-Consultants Planning 1. Civil Engineering Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Flodda 2. Soils Investigation Ardaman & Associat_es~ Inc. 9970 Bavada Road AGENDA. ITEM Fort Myers, Flodds 3391~1~' [~, ,/m"J[ _ 3. Hydrogeologist To Be Selected SEP 1 ~, 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government 10 June 1999 Page 2 4. Structural Engineer Clark Consulting Engineers, Inc. * 2070 McGregor Blvd. Fort Myers, Florida 33901 5. Mechanical/Electrical Engineer Burgess Engineering, Inc. * 12995 S. Cleveland Avenue, Suite 217 Fort Myers, Flodda 33907 6. Landscape Architect J. Roland Lieber P.A, Landscape Architect 399 Twelfth Avenue South Naples, Flodda 34102 Proposed Professional Fee A. PRELIMINARY DESIGN 1. Miscellaneous Services " - Land Survey & Topo $ 3,200.00 - Soils Investigations 2,250.00 - Estimated Hydrogeologist Fee 750.00 Sub-Total $ 6,200.00 2. Design Services - Site Plan $ 500.00 - Building Modifications 1,500.00 - Water Management/On-Site Domestic Water and Waste 2,500.00 Sub-Total $ 4,500.00 Sub-Total, Preliminary Design $ 10,700.00 B. FINAL DESIGN 1. Civil Engineering Services $ 10,500.00 - Paving and Water Management On-Site Water Well On-Site Waste' Disposal (Septic) 2. Architecural Drawing Modifications 2,750.00 3. Structural Engineering Modifications 2,000.00 4. MEP Engineering Modifications 3,000.00 5. Landscape Planting & Irrigation Design 1,250.00 6. Re-Use Fee Re: EMS-12 Documents 9,500.00 Sub-Total, Final Design Phase $ 29,000.00 AGENDA ITEM No,- _ SEP ! 1999 PROPOSAL for ARCHITECTURAL/ENGINEERING SERVICES Proposed EMS Facility, 13"' Street & Golden Gate Blvd. Collier County Government 1 {3 June 1999 Page 3 C. BID PHASE 1. Pre-Bid Conference $ 300.00 2. Addenda Issue 600.00 3. Attend Bid Opening 300.00 4. Bid Review, Analysis 300.00 Sub-Total, Bid Phase $ 1,500.00 D. CONSTRUCTION PHASE 1. Pre-Construction Meeting $ 300.00 2. Shop Drawing Review 3,750.00 3. Color/Material Selections 300.00 4. Site Observations - Architectural: 1 'visit/week x 24 weeks x $300.00 7,200.00 - Structural Engineer:. 3 visits x $350.00 "1,050.00 - MEP Engineer: 3 visits x $300.00 900.00 ~ - Civil Engineer: 4 visits x $350.00 1,400.00 - Landscape Architect: 2 visits x $300.00 600.00 Sub-Total, Construction Phase $ 15,500.00 E. REIMBURSABLE EXPENSES - Estimate $ 250.00 TOTAL $ 56,950.00 F. Hourly rate schedule attached hereto. EC S:lc'i3rop~EM S~ropo~l.d(~; AGENDAJTEM No, SF.? 1 1999 ,,g. yT. .. BaranySchmittSummersWeaver AND PARTNERS INCORPORATED EXHIBIT "A" CHARGE RATE SCHEDULE JANUARY 1, 1999 PRINCIPAL ARCHITECT ................................................................... $ 115.00 per ManHour ASSOCIATE ARCHITECT ................................................................... $ 95.00 per ManHour PROJECT ARCHITECT/SENIOR PROJECT MANAGER ................ $ 80.00 per ManHour PROJECT MANAGER ......................................................... $ 75.00 per ManHour CONTRACT ADMINISTRATOR ..................................................... $ "75.00 per ManHour JUNIOR PROJECT MANAGER ..................................................... $ 70.00 Per ManHour CADD TECHNICIAN ...................................................................... $ 65.00 per ManHour DRAFTSMAN ................................................................................ $ 65.00 per ManHour CLERICAL ................................................................................. $ 50.00 per ManHour REIMBURSABLE EXPENSES PRINTING & DUPLICATION ......................................... 1.15 times Architect's expended cost ARCHITECT'S BLUELINE PRINTING ................................................... $.20 per square foot MILEAGE ............................................................................................................ $.33 per mile LONG DISTANCE TELEPHONE .................................. 1.15 times Architect's expended cost POSTAGE/FREIGHT DELIVERY .................................. 1.15 times Architect's expended cost COMPUTER DISK ........................................................................................ $25.00 per disk Hourly Charge Rates and Reimbursable Expenses are subject to adjustment annuall, on th~s~,'~':rEM each calendar year. No, \,' SF.P 1 1999 Pg .... EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PURCHASE A 1991 S- 10 CHEVROLET BLAZER, 1994 FORD BRONCO AND IMPROVEMENTS OBJECTIVE: Request approval by the Board of County Commissioners to purchase a 1991 S-10 Chevrolet Blazer and 1994 Ford Bronco both from the Motor Pool Capital Recovery Fund by Ochopee Fire Control District and the associated budget amendment. The combined purchase price will be $11,000 in addition to necessary improvements in the amount of $6,000. cONSIDERATION: A 1985 Ford Bronco was being used by the Fire Chief until it was turned back to the County Motor Pool with a blown engine. Using this as a trade-in, in addition to $3,000.00 will purchase a 1991 S-10 Chevrolet Blazer from the County's Motor Pool. The 1994 Ford Bronco will also be purchased from the County's Motor Pool at a price of 8,000 and will be used as a command vehicle by Lieutenants. This will give them more flexibility when responding to calls which will free up personnel for the next incident. This is crucial due to the limited personnel resources verses required coverage (two personnel per call). The purchase of necessary improvemems in placing the 1994 Bronco in service is comprised of a mobile radio $3,685.50 (installed), lettering $164.00 and accessories for the light bar of approximately $2,000 (per Fleet Management). FISCAL IMPACT: A total funding of$17,000.00 is available in Ochopee Fire Control District's Reserve For Capital Outlay. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the necessary budget amendmem for the purchase of the 1991 S-10 Chevrolet Blazer, 1994 Ford Bronco and Improvements by appropriating funds from Ochopee Fire Control District's Reserve for Capital. Outlay. Thomas Mitchell, Acting Chief Ochopee Fire Control District REVIEWED BY: ~_i{'.~l/l~'~ ~,-~. 5'~ri~.L/M_----- Date: O[.¢...~qq Michell~ Johnson, Budget Analyst APPROVED BY: l_ _,~'~. Oat Mike McNees, Assistant County Administrator AGENDA ITEM No. /~ c- £~'- SEP /,/1999 pg._ / EXECUTIVE SUMMARY CHAIRWOMAN TO SIGN THE RESOLUTION, COUNTY GRANT APPLICATION AND THE GRANT DISTRIBUTION FORM FOR EMS MEDICAL EQUIPMENT. OB.IECTIVE: Request Board to authorize the Chairman to sign the Resolution, EMS County Grant Application and the EMS Grant Distribution for EMS Medical/rescue Equipment CONSIDERATION: The State of Florida established the Emergency Medical Services Grant Award Program for the improvement and/or expansion of emergency medical services. Collier County's grant award tbr fiscal year 1999/2000 will not exceed $70, 120.88. The monies will be utilized by the Emergency Medical Services Department for the purchase of necessary medical/rescue equipment and provision of'training classes. FISCAl, IMPACT: The monies will be deposited and disbursed from EMS Fund 491 Grants. GROWTil MANAGEMENT IMPACT: None RECOM MEN I)ATION: The Board at,thorize the Chairman lo sign tile Resolution, County Grant Application, and tile Grant Distribution Vorrn. Diane B. Flag~, C~i~E Emergency S~e~/vices Department Midhael A. McNees, Assistant Coun~ Adrni AGENDA ITEM No. Ito G.'7.. SEP 1 1999 Pg. RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS TRUST FUND MONIES WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT ALL LOCATIONS. WI4EREAS, EMS Department Paramedics provide basic and advanced life support cam: a unique and lughly tcchmcal service [o tile citizens and visitors of Collier COtlnty2 and WHEREAS, thc purchase of equipment and provision of training ctasscs, shall grcatl.x enhance thc ctTcctivcness of pfc-hospital emergency mcdical cam. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS TItAT thc $70.120.88 in thc EMS Trust Fund will bc used to purchase equipment and these monics will not bc used to sl,Pl>lant existing EMS Dcpartmcn! budget alloca£ions. This Resolution adoplcd this _~ dax of'__ . Ira}0 at'tcr mot/on, scctmd and ma. iorit.x, vote favoring same. DATE: ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Cle,'k Collier County, Florida By: By: Pamela S. Mac'Kie, Chairwom:m Stale of FLORll)A Couoty of COLLIER ! HEREBY CERTIFY THAT this is a true and correct copy ora document on file.in Board Minutes a,d Records of Collier County. WITNESS my hand and official seal this __ day of Approved as to fin'm and legal sufficiency Dwight E. Ih'ock, Clerk of Courts Robert Zachary ilY: Date: Assistant Cotmty Attorney Emergency Medical Services (EMS) County Grant Application State of Florida Department of Health Bureau of Emergency Medical Services Grant No. C. 1. Board of County Commissioners (grantee) Identification: Name of County: Collier Business Address: Building "H" - 3rd floor - 330i East Tamiami Tr. Naples, Florida, 34112 Phone#(941 ) 774-84-59 SunCom#( ). - 2. Certification: I, the undersigned official of the previously named county, certify that to the best of my knowledge and belief all information and data contained in this EMS County Award Application and its attachments are true and correct. My signature acknowledges and ensures that I have read, understood, and will comply fully with the Florida EMS County Grant Manual. Printed Name: Pamela S. Mac'Kie Title: Chairwoman Signature: Date Signed: (Authorized County Official) 3. Authorized Contact Person: Person designated authority and responsibility to provide the department with reports and documentation on all activities, services, and expenditures which involve this grant. Chief Name: Diane B. Flagg Title: Business Address: Collier County EMS, Building "H" -.3rd floor, 3301 East Tamiami Trail, Naples, Florida, 34112 (City) (State) (Zip) Phone#(941 ). 774-8.459 SunCom#( ) - 4. County's FederaITax Identification Number: VF 59 6000558 DH Form 1684, Jan. 98 1 -' 5. Resolution: Attach a resolution from the Board of County Commissioners certifying the monies from the EMS County Grant will improve and expand the county's prehospital EMS system and that the grant monies will not be used to supplant existing county EMS budget allocations. 6. Work Plan: Work A~ivifies: ~me Frames: Bid, purchase and distribute equipment Six (6) months after contract begins. Provide specialized medical/rescue educational courses. Six (6) months after contract begins. 2 Co: Grant No 7. Proposed Expenditure Plan: Prepare a line item budget. *USE FOR REPORTS AFTER GRANT A WARDED Recipient of Unit Total Revised Expenditure Line Item Line Item Price Quanti~y, Cost Budget Year-To-Date 98/99 Rol .over Equipment/ Professional Education/ Data Collection Subgrantees Medical/Rescue/ TraininG Equipment Specialized medical/ rescue education courses Total XXXXXXXX $ $ $ ,,, ~ First Report Earned Interest From , to ~ ~ SecondReport From__to__ Earned Interest From. to __ ~J Final Report Total Earned Interest for Grant Period *1 certify the report is true and correct for period activities and services. SIEna ture of County A uthority Submitted Report Date Signature of State EMS Grant Officer Date Atfach additional pages if necessary for Item 7 APPLICATION (Requires Signature) REQUEST FOR COUNTY GRANT DISTRIBUTION (ADVANCE PAYMENT) EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM In accordance with the provisions of section 401.113(2)(a), F.S., the undersigned hereby requests an EMS county grant dis~bufion (advance payment) for the improvement and expansion of prehospifal EMS. Payment To: COLLIER COUNTY BOARD OF COMMISSIONERS Name ot I~oarct of County C;omm~sSloners (Paybe) 3301 East Tamiami Trail Address Naples, Florida 34112 (City) (state) (Zip) Federal Tax ID Number of county: 5 9 6 0 0 0 5 5 8 Authorizing County Official SIGNATURE: Date: C~dntedName:,. Pamela s. Mac'Kie Title: Chairwoman SIGN AND RETURN WITH YOUR GRANT APPLICATION TO: Del~artment of Health Bureau of Emer.~;enc¥ Medical Services EMS County Grants 2002D Old St. Augustine Road Tallahassee, Florida 32301-4881 or Use Only by Department of Health, ureau of Einergency Medical Services ~mount: $ Grant Numbec Approved By: . Date: Signature, state EMS Grant Officer =iscal Year: Z~mount:$ .Or.qanization Code E.O. 54-25-60-00-000 ~ ~ ~ederal Tax I. D. V F 5 9 6 0 0 0 5 5 8 Beginning Date: Ending Date: EXECUTIVE SUMMARY EXECUTE CONTRACTUAL AGREEMENTS WITH THE EAST NAPLES AND GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICTS FOR FIRE AND RESCUE SERVICES WITHIN THE COLLIER COUNTY FIRE CONTROL DISTRICT. OBJECTIVE: To obtain Board of County Commissioner's approval to execute a contractual agreement with the East Naples and Golden Gate Fire Control and Rescue Districts for provision of fire protection services within the Board of County Commissioner's Collier County Fire Control District. CONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, as amended, the County created the Collier County Fire Control Municipal Service Taxing Unit for basic fire protection services outside of Municipal and existing fire districts boundaries. For the past three years, the average number of responses per year by the fire districts currently providing services into the Collier County Fire Control District are as follows: East Naples Fire Department averaged 25 responses per year. Golden Gate Fire Department averaged 117 responses per year. Isles of Capri Fire Department averaged 68 responses per year. Ochopee Fire Department averaged 215 responses per year. In addition to the total number of responses, the severity of the individual responses is also a consideration. In that regard, the four district Fire Chiefs and staff propose the attached Service Agreement. The term of this Agreement shall be effective October 1, 1999 through September 30, 2004. FISCAL IMPACT: Total Funds are available in Collier County Fire Control District Fund (148) in the amount of $315,200. Anticipated FY 1999-00 payments to the participating fire districts are as follows: East Naples Fire Department - $85,600 Golden Gate Fire Department - $85,600 Ochopee Fire Department- $85,600 Isles of Capri Fire Department-$58,400 NAoG. E~.E~_c~ 1Jt 1999 pg, I GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Service Agreement between the East Naples and Golden Gate Fire Control and Rescue Districts and the Board of County Commissioners and authorize the Chairman to execute same. Jeffr I~e, EM~Chief of Operations · Dia~(h F~agg, Emergenc~)~Gervices Chief IVfikeqVIcNees, Assistant County Administrator AGENDA IT ENL\ No. (~ c.,-L?) SEP 1 zt 1999 SERVICE AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY~ FLORIDA This SERVICE AGREEMENT (Agreement) made this day of .~ 1999, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~ FLORIDA~ {hereinafter referred to as COUNTY)~ and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. WITNESSETH WHEREAS, pttrsuant to Collier County Ordinance 84 - 84, as amended~ the Board of County Commissioners created the Collier County Fire Control Municipal Service Taxing Unit, { hereinafter referred to as the" Collier County Fire Control District ' ~; and WHEREAS~ the Collier County Fire Control District, as created by Collier County Ordinance No. 84 - 84, as amended~ includes all of the unincorporated area of Collier County~ Florida~ that is not included within a dependent or independent C~re control district; and WHEREAS~ the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit "A' attached hereto and incorporated herein, to provide f'~re control and t'~re prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS~ certain portions of the Collier County Fire Control District described above requires fire and rescue protection services; and WHEREAS~ the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 {as amended)~ being Chapter 163.01, et.seq, for the purpose of most efficiently providing fire service and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement; NOW, THEREFORE~ in consideration of the premises and covenants set out herein~ and other valuable considerations in hand received this date, each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this AKreement shah be effective from October 1, 1999 to September 30, 2004. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 2. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT agrees to fttrnish fire protection and rescue services, to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shah furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall, in conjunction with the Chief of the County Department of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the County a map, indicating and conC~rming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance and resource limitations of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. 3. The COUNTY agrees to pay the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during each Fiscal Year of this Agreement. Payment shall be calculated from the latest tax assessment rolls available May 1't of each year at an assessed rate of 2.0 mills for the duration of this contract. Available tax revenue is the total amount of taxes available for i'ire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1; April 1; July 1; and September 1. Revenue and payment will be based on the following formula: Total ad valorem revenue for the Collier County Fire Control District less collection fees and administrative costs. The remaining balance is to. then be divided in halls with the first half being split four ways between the East Naples Fire Control and Rescue Districts the Ochopee Fire Control Districts the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing Districtt with the East Naples Fire Control and Rescue Districts the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. Payments to the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall be made quarterly by the COUNTY on the following dates; January 1~ April 1~ July ls and September 1. 4. Both parties to this A~reement hereby aEree to cooperate and participate in mutual proirams and projects in the interest of /'ire and rescue protection within the County of Colliers and with the Fire Marshall of the State of Florida. 5. At any time during this Agreement~ in the event of non- performance of the obligations arising under this agreement by either partys the other shall provide written notice of the specific grounds of such a claim to the chief administrator of the non-performing party. The party receiving such a notice shall then have {15~ days in which to respond to and remedy the claimed non-performance. In the event that the non- performance is not remedied within the fifteen {15) day period~ the party claiming the non performance shall have the right to terminate the a~reement. 6. Ali Service AEreementss and amendments thereto~ between the County and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. In WITNESS WHEREOF, the parties hereto do hereby affix their hands and seals on this day of 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac'kie, Chairwoman ATTEST: DWIGHT E. BROCK, CLERK ff/t, EAST NAPLES FIRE CONTROL ~ AND~E DI~,,~RICT Fred Johnson, Secretary Tom Cannon, Chairman Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This SERVICE AGREEMENT {A~reement} made this day of ~ 1999~ by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ {hereinafter referred to as COUNTY), and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. WITNESSETH WHEREAS, pursuant to Collier County Ordinance 84- 84, as amended~ the Board of County Commissioners created the Collier County Fire Control Municipal Service Taxing Unit~ { hereinafter referred to as the "Collier County Fire Control District ' }; and WHEREAS, the Collier County Fire Control District~ as created by Collier County Ordinance No. 84 -'84, as amended, includes ail of the unincorporated area of Collier County~ Florida~ that is not included within a dependent or independent C~re control districtl and · WHEREAS~ the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described in C~e department response procedures Exhibit "A' attached hereto and incorporated herein, to provide i've control and t'~re prevention and rescue services to sub-areas of the Collier County Fire Control Districtl and WHEREAS, certain portions of the Collier County Fire Control District described above requires fire and rescue protection services; and WHEREAS~ the parties desire to enter into this AEreement under the authority of the Florlda Interllovernmental Cooperation Act of 1969 {as amended}~ being Chapter 163.01~ et.seq.~ for the purpose of most efficiently providinE f'~e service and rescue service to those geoEraphic areas and parts of the Collier County Fi~e Control District which are the subject of this aEreementl NOW~ THEREFORE, in consideration of the premises and covenants set out herein~ and other valuable considerations in hand received this date, each party from the other~ which is hereby acknowledged~ the pa~ties hereto agree as follows: 1. The term of this Agreement shall be effective from October 1~ 1999 to September 30~ 2004. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, throullh a writing executed with the same formalities as this Agreement by both pa~ties. 2. The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT agrees to furnish f'~re protection and rescue services~ to a portion of the Collier County Fire Control District. The i'lre department responses as described in Exhibit "A' shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT shall furnish said f'~re protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure~ or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT shall~ in conjunction with the Chief of the County Department of Emergency Services and the other agency Fire Chiefs serviclnll the Collier County Fire Control District, forward to the County a map, indicatinll and coni'~rminil each al~ency~s primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner~ level and priority as the i've protection and rescue services furnished within the regular GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT~ taking into consideration the time~ distance and resource limitations of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. 3. The COUNTY agrees to pay the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during each Fiscal Year of this Agreement. Payment shall be calculated from the latest tax assessment roils available May 1~ of each year at an assessed rate of 2.0 mills for the duration of this contract. Available tax revenue is the total amount of taxes available for Fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 11 April 11 July 1~ and September 1. Revenue and payment will be based on the following formula: Total ad valorem revenue for the Collier County Fire Control District less collection fees and administrative costs. The remaining balance is to then be divided in haLft with the i~rst half being split four ways between the East Naples Fire Control and Rescue Districtt the Ochopee Fire Control District~ the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing Districtt with the East Naples Fire Control and Rescue Districtt the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. Payments to the GOLDEN GATE Fire Control and Rescue District shall be made quarterly by the COUNTY on the followin/[ datesl January 1~ April 1~ July 1~ and September 1. 4. Both parties to this A~reement hereby aE~ee to cooperate and participate in mutual pro,rams and projects in the interest of i~re and rescue protection within the County of Colliers and with the Fire Marshall of the State of Florida. 5. At any time during this A~reement~ in the event of non- performance of the obligations arising under this agreement by either party~ the other shall provide written notice of the specific Krounds of such a claim to the chief administrator of the non-performing party. The party receiving such a notice shall then have {15} days in which to respond to and remedy the claimed non-performance. In the event that the non- performance is not remedied within the i~fteen {15} day period~ the party claiming the non performance shall have the right to terminate the a~reement. 6. Ali Service A~reementst and amendments thereto~ between the County and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. In WITNESS WHEREOF, the parties hereto do hereby affix their hands and seals on this __ day of 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac'kie, Chairwoman ATTEST: DWIGHT E. BROCK, CLERK GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT · '' Tom an Gene Smith, Secretary Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 14, 1999 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 92-484-CJA, 82-658-CFA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 3. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. July 19- 23, 1999 B. July 26 - 30, 1999 C. August 2 - 6, 1999 D. August 9 - 13, 1999 E. August 16 - 20, 1999 F. August 23 - 27, 1999 G. August 30 - September 3, 1999 4. Districts: A. Big Cypress Basin Board of the South Florida Water Management District - Agenda for June 25, 1999 and minutes of May 28, 1999 and June 25, 1999 meetings B. Collier Soil and Water Conservation District - Agenda for July 7, 1999 and minutes of May 5, 1999 meeting C. Golden Gate Fire Control & Rescue District - Agenda for August 11, 1999 D. Collier Soil and Water Conservation District - Proposed Budget for 1999-2000, District Map, Public Facilities Report, Description of Outstanding Bonds, Letter advising Schedule of Regular Meetings, and copy of Special District Update form E. Port of the Islands Community Improvement District . ~,~,,~,*~ ~,~' h,ne ~ 'L ~ o9 meeting AGEND/~ ~TEM no. /_¢ SEP 1 q 1999 ~--- F. Naples Heritage Community Development District - Minutes of June 14, 1999 meeting G. Fiddler's Creek Community Development District - Minutes of June 23, 1999 meeting H. Heritage Greens Community Development District - Minutes of May 10, 1999 meeting 5. Minutes: A. Pelican Bay MSTBU - Agendas for June 17, 1999, July 7, 1999, August 4, 1999, and September 1, 1999 meetings and minutes of June 2, 1999, June 8, 1999, June 17, 1999, July 7, 1999 and August 4, 1999 meetings B. Collier County Airport Authority - Agendas for June ! 4, 1999 and August 9, 1999 and minutes of May 10, 1999 and June 14, 1999 meetings C. Library Advisory Board - Minutes of April 28, 1999 meeting D. Golden Gate Estates Land Trust Committee - Minutes of April 26, 1999 meeting E. Parks and Recreation Advisory Board - Agenda for June 23, ! 999 and minutes of May 26, 1999 meeting F. Collier County Planning Commission - Agendas for June 17, 1999, July 15, 1999 and August 5, 1999 and minutes of May 12, 1999, May 20, 1999, June 3, 1999, June 17, 1999 meetings G. City/County Beach Renourishment Advisory Committee - Agenda for June 10, 1999 and August 5, 1999 and minutes of June 10, 1999 meeting H. Immokalee Beautification Advisory Committee - Minutes of May 19, 1999 and June 14, 1999 meetings I. Lely Golf Estates Beautification Advisory Committee - Agendas for July 9, 1999 and August 6, 1999 and minutes of June 4, 1999 and July 9, 1999 meetings J. Utility Authority - Minutes of March 22, 1999 and June 28, 1999 meetings K. Radio Road Beautification Advisory Committee - Agenda for June 14, 1999 and minutes of May 10, 1999 and June 14, 1999 meetings SEP 199,q L. Collier County Historic/Archaeological Preservation Board - Agendas for June 18, 1999 and July 16, 1999 and minutes of June 18, 1999 and July 16, 1999 meetings M. Environmental Advisory Council - Agenda for August 4, 1999 meeting and minutes of May 5, 1999 meeting N. Lake Trafford Restoration Task Force Meeting - Agenda for August 6, 1999 and minutes of July 9, 1999 meeting O. Collier County Public Vehicle Advisory Committee - Agenda for July 27, 1999 P. Golden Gate Beautification Advisory Committee - Agendas for July 13, 1999 and August 10, 1999 and minutes of June 8, 1999 and July 13, 1999 meetings Q. Emergency Medical Services Advisory Council - Agenda for July 28, 1999 and minutes of May 26, 1999 meeting R. Collier County Community Health Care Ad Hoc Committee - Notice of first meeting on July 28, 1999 S. Hispanic Affairs Advisory Board - Minutes of April 22, 1999, May 27, 1999 and June 24, 1999 meetings and minutes of April 29, 1999 of Hispanic Affairs Advisory Board/Black Affairs Advisory Board Special Joint Meeting T. Bayshore Avalon Beautification Advisory Committee - Agenda for August 11, 1999 and minutes of July 7, 1999 meeting S/P 1 4 1999 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please'ty~e or print) Date: Auqust 5, 1999 To: Office of the County Attorney, Attention: Thomas Palmer, EsQ. From: Crys talK.ma~e> Kinzel0~-~ , Finance~it~e~ Director Sheriff's Office Finance Division ( Divis ion ) ( Department ) Re: Confiscated Trust Fund ( Sub j ect ) CKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulat~l. Pursuant to Section 932.7055,(4)(a),F.S., the Sheriff's Office is requesting approval by the Board for a Fund 602 budget amendment to help support the costs of materials used for crime prevention purposes. (Are there documents or other information needed to review this matter? If yes, attach and reference this information]. THIS ITEM ~S/~S NOT BEEN PREVIOUSLY S~MITTED. ~ Legal approval of request. OTHER COMMENTS: .,Don Hunter, Sheriff Or Constitutional Officer.} EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE USE OF CONFISCATED TRUST FUNDS TO HELP SUPPORT THE COST OF CRIME PREVENTION MATERIALS. OBJECTIVE: To seek appropriation of $2,500 from the Confiscated Trust Fund to help support the cost of materials to be used for crime prevention. CONSIDERATIONS: The Sheriff's Office by virtue of Section 932.7055 (4)(a), is seeking Board authorization for the appropriation of funds to help support the cost to print materials for a crime prevention brochure. A "Barrier Island Hurricane Preparedness Manual for Marco Island" is in the process of being updated. The pamphlet outlines crime prevention procedures to be used before, during and after a hurricane. The brochures are cost effective and a benefit to the residents of Marco Island and to the Sheriffs Office. FISCAL IMPACT: $2,500 is available from Confiscated Trust Fund Reserves (602-919010- 991000). The amendment increases the budget in Miscellaneous Operating Supplies (602-611010- 651990) by $2,500. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment for the use of Confiscated Trust Funds to help support the cost of materials for crime prevention purposes. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4)(a) Florida Statutes to be used for crime prevention. PREPARED BY: ~~homas~Sto~ar, 2~mumty Services Division Captain T s~ ~ ' APPROVED BY: '~- jh/a:xs.brochures SEP 1 1999 Po- EXECUTIVE SUM~/ARY RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE U.S. DEPARTMENT OF JUSTICE COPS MORE '98 GRANT 28 C.F.R. PART 23 CERTIFICATION FORM. OBJECTIVE: To have the Collier County Commission endorse the United States Department of Justice Cops More '98 28 C.F.R. Part 23 Certification forK,. CONSIDERATION: The Collier County Sheriff's received funding from the United States Department of Justice, Office of Community Oriented Policing Services (COPS) to fund technical equipment. COPS MORE grant recipients must comply with or certify non- applicability of 28 C.F.R. Part 23. Part 23 is not applicable to the technical equipment supported by the COPS MORE '98 grant. The Department of Justice requires grantee submission of the COPS MORE '98 28 C.F.R. Part 23 Certification form. The local Law Enforcement Executive and the Government Executive are required to sign the certification form. The signers attest to whether the grantee agency equipment application is or is not applicable to 28 C.F.R. Part 23. Sheriff Don Hunter has certified that the Grantee agency has not used the COPS MORE '98 grant to operate an in~eragency criminal intelligence system. Sheriff Don Hunter has signed the COPS MORE '98 28 C.F.R. Part 23 Certification A attesting that 28 C.F.R. Part 23 is non-applicable. The Board Chair is relying upon Sheriff's certification regarding equipment use for Board certification. The Board Chairwoman's signature is needed on the certification form. FISCAL IMPACT: None. GROWTH IMPACT: None. RECOMMENDATION: That the Collier County Commission endorse the COPS MORE '98 28 C.F.R. Part 23 Certification form. CRYS}-AL' K. K~NZ~E~,,- FINANC~ DIRECTOR APPROVED BY:~'~R IFF AGENDA ITEM._ DATE: Auqust 31, 1999 1999 Pg. U.S. Departmenl of Justice Office of Community Oriented Policing Services (COPS) ,COPS MORE '98 28 C.F.R. PART 23 CERTIFICATION ~CERTIFICATION A: Don Hunter, Sheriff [Law Enforcement Executive] and Pamela s. Mac'Kie [Government Executive] certify I have read 28 C.F.R. Part 23 and I certify that 28 C.F.R. Part 23 is not applicable to the Collier County Sheriff's Office [Grantee Agency] because it has not used the COPS MORE'9$ grant to operate an interagency, criminal intelligence system. CERTIFICATIQN B: <~--- I. [Law Enforcement Executive] and 1, [Government Executive] certify I have read 28 C.F.R. Pan 23 and I certify that [Grantee Agency] is operating a criminal intelligence system in compliance with 28 C.F.R. Part 23 including the operating principles set forth in 28 C.F.R. Part 23.20 THIS CERTIFICATION FORM MUST BE SIGNED UNDER PENALTY OF PERJURY: [Government Executive Signature] [Datel No.q~-.~k_ S E.~ 1 q 1999 8/31/99 'lknf.~r~ent Ex~e~cutive] [Date] r, Sherzr: Pg. NOTARY SEAL ' ~c~' ~ , ~ I ] ~.~,Y PUSI~C STA~ OF DoOR!DA] Paperwork Rtduclion Act Respondenls art nol required lo respond to this eolleclion of inlormalion unless il displays a currenlly valid OMB conlrol number. The OMB eontrol number Ibis eolleclien of ieformafi is 1103~3, e~.l 1~012~ Collier County Govt. Complex Bldg. - J SEP 0 ! 199~ 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 8oact* o~ County Core,is; i~n~,- INTEROFFICE MEMORANDUM To: Pamela S. Mac'Kie Board Chairwoman From: Cryst al K. Kin z~/~'~'""~ Fi nance Direct °r"'"/"--" t ~' Re: September 14, 1999 Consent Agenda Item 28 C.F.R. Part 23 Pursuant to our conversation yesterday regarding a request for you to sign a COPS MORE '98 grant 28 C.F.R. Part 23 Certification form that will be on the September 14, 1999 Consent Agenda, please find a copy of 28 C.F.R. Part 23 and a copy of a memo from Lt. Tom Smith regarding compliance with this issue. Attorney Tom Palmer has requested that we submit this information to you. Enclosures CK K/jh/cmcfrbc AGENDA ItEM No.!~-' .L ~ SEP 1 zl 1999 Pg., ~ 28 C.F.R. Part 23 PART 23-CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES SeC. 23.1 Purpose. 23.2 Background. ' 23.3 Applicability. 23.20 Operating principles. 23.30 Funding guidelines. 23.40 Monitoring and auditing of grants for the funding of intelligence systems AUTHORITY: 42 U.S.C.3782(a); 42 U.S.C.3759g(c). SOURCE: 58 FR 48452, Sept.. 16, 1993, unless otherwise noted.. Sec. 23.1 Purpose. The purpose of this regulation is to assure that all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of. 1968, 42 U.S.C. 3711, el seq., as amended (Pub. L. 90-351, as amended by Pub. L. 91-644, Pub. L. 93-83, Pub. L. 93- 415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157,[[Page 354]]Pub. L. 98- 473, Pub. L. 99-570, Pub. L. 100-690, and Pub. L. 101.647), are utilized in conformance with the privacy and constitutional rights of individuals. Sec. 23.2 Background. It is recognized that certain criminal activities including but not limited to loan sharking, drug trafficking, traffickin~ in stolen property, gambling, extortion, smuggling, bribery, and corruption of public officials often involve some degree of regular coordination and permanent organization involving a large number of participants over a broad geographical area. The exposure of such ongoing networks of criminal activity can be aided by the pooling 6f information about such activities. However, because the collection and exchange of intelligence data necessary to support control of serious criminal activity may represent potential threats to the privacy of individuals to whom suCi~ data r9. lares, policy guidelines for Federally funded projects are required. ' Sec. 23.3 Applicability. (a) These policy standards are applicable to all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Ac 'ol i ~[li~ltl~J~l'.[iM3711 et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 914544, Pu ~. LN~~- SF.? 1 1999 lug been obtained in violation of any applicable Federal, State, or local law or ordinance. In an interjurisdictional intelligence system, the project is responsible for establishing that no information is entered in violation of Federal, State, or local laws, either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project· (e) A proj eot or authorized recipient shall disseminate criminal intelligence information only where there is a need to know and a right to know the information in the performance of a law enforcement activity. (f)(l) Except as noted in paragraph (0(2) of this section, a project shall disseminate criminal intelligence information only to law enforcement authorities who shall agree to follow procedures regarding information receipt, maintenance, security, and disse/nination which are consistent with these principles. (2) Paragraph (f)(l) of this section shall not limit the dissemination of an assessment of criminal intelligence information to a government official or to any other individual, when necessary, to avoid imminent danger to life or property. (g) A project maintaining criminal intelligence information shall ensure that administrative, technical, and physical safeguards (including audit trails) are adopted to insure againrt unauthorized access and against intentional or unintentional damage. A record indicating who has been given information, the reason for release of the information, and the date of each dissemination outside the project shall be kept. Information shall be labeled to indicate levels of sensitivity, levels of confidence, and the identity of submitting agencies and control officials. Each project must establish written definitions for the need to know and right to know standards for dissemination to other agencies as provided in paragraph (e) of this section. The project is responsible for establishing the existence of an inquirer's need to know and right to know the information being requested either through inquiry or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project. Each intelligence project shall assure that the following security requiremenls ai'e implemented: (1) Whe~ als. propriate, projects must adopt effective and technologically advanced computer software and hardware designs to prevent unauthorized access to the information contained in the system; (2) The project must restrict access to its facilities, Operating environment documentation to organizations and personnel authorized by the project; (3) The project must store information in the system in a manner such that it cannot be modified, destroyed, accessed, or purged without authorization; (4) The project must institute proc~ures to protect criminal intelligence information from unauthorized access, theft, sabotag,, fire, flood, or other natural or manmiade di .sa.stet; (5) The project must promulgate rules and regulations based 'on good cause for implementing its authority to screen, reject for employment, mmsfer, or remove personnel authorized to have direct access to the system; and (6) A project may authorize and utilize remote (off-premises) system data bases to the extent that they comply with these security requirements.[['Page 356]] (h) All projects shall adopt procedures to assure that all information which is retained by a project has relevancy and imporumce. Such procedures shall provid -'-- ,,,-,~,,~,A¢~'" *~'" ,~,-ihtlle. review ~ f information and the destruction of'any information which is misleadi SEP 1 1999 Pg. ~ subgrants, a purpose &which is to support the operation of an intelligence system. Imelliger~ce systems shall only be funded where a granteedsubg .rantee agrees to adhere to the principles set forth above and the project meets the following criteria: (a) The proposed collection and exchange of criminal intelligence information has been coordinated with and will support ongoing or proposed investigatory or prosecutorial activities relating to specific areas of criminal activity.[[Page 357]] (b) The areas of criminal activity for which intelligence information is to be utilized represent a.significant and recognized threat to the population and: (l) Are either undertaken for the purpose of seeking illegal power or profits or pose a threat to the life and property of citizens; and (2) Involve a significant degree of permanent criminal organization; or (3) Are not limited to one jurisdiction. © The head of a government agency or an individual with general policy making authority who has been expressly delegated such control and supervision by the head of the agency will retain control and supervision of information collection and dissemination for the criminal intelligence system. This official shall certify in writing that he or she takes full responsibility and will be accountable for the information maintained by and disseminated from' the system and that the operation ofthe system will be in compliance with the principles set forth in Sec. 23.20. (d)(l) Where the system is an interjurisdictional criminal intelligence system, the governmental agency which exercises control and supervision over the operation of the System shall require that the head of that agency or an individual with general policymaking authority who has been expressly delegated such control and supervision by the h~d of the agency: (I) Assume official responsibility and accountability for actions taken in the name of the joint entity, and (ii). Certify in writing that the official takes full responsibility and will be accountable for insuring that the information transmitted to the interjurisdictional system or to participating agencies will be in compliance with the principles set forth in Sec. 23.20. (2) The principles set forth in Sec. 23.20 shall be made part of the by-laws or operating procedures for that system. Each participating agency, as a condition of participation, must accept in writing those principles which govern the'submission, maintenance and dissemination of information included as part of the interjurisdictional system. (e) Intelligence information will be collected, maintained and disseminated primarily for State and local law enforcement effor[s., including efforts involving Federal participation. See. 23.40 Monitoring and auditing of grants_for the funding of intelligence systems. (a) Awards for the funding of intelligence systems will receive specialized monitoring and audit in accordance with a plan designed to insure compliance with ope.rating principles as set forth in Sec. 23.20. The plan shall be approved prior to award of funds. Co) All such awards shall be subject to a special condition requiting compliance with the principles set forth in Sec. 23.20. ~.. © An annual notice will be published by OJP which will indicate the existence and the objective of all systems for the continuing interjurisdictional exch~ m~,e of er;,~;,,-~ ;-,0-~!".-~' tee information which are subject to the 28 CFR part 23 Criminal Iht( Bi [iicie~ S 1 1999 U.S. Department of Justice Office of Community Oriented Policing Services (COPS) ,COPS MORE '98 28 C.F.R. PART 23 CERTIFICATION .CERTIFICATION A: 1, [Law Enforcement Executive] and 1, [Government Executive] certify I have read 28 C.F.R. Part 23 and I certify that 28 C.F.R. Part 23 is not applicable to the [Grantee Agency] because it has not used the COPS MORE'95 grant to operate an interagency, criminal intelligence system. CERTIFICATION B: I. [Law Enforcement Executive] and I, [Government Executive] certify I have read 28 C.F.R. Part 23 and I certify that [Grantee Agency] is operating a criminal intelligence system in compliance with 28 C.F.R. Part 23 including the operating principles set forth in 28 C.F.R. Part 23.20 THIS CERTIFICATION FORM MUST BE SIGNED UNDER PENALTY OF PERJURY: [Government Executive Signature] [Date] [Law Enforcement Executive] [Date] AGENDA ITEM NOTARY SEAL SEP 1 q' 1999 I'aperwork Reduction Act Notice. I Respondents are nol required to respond lo this colleclion ofinformstion unless il displays a curre Ily'validOMBconlrolnumber. I pg "~ , / .... T;r~ ~'"":: =;7.:;'~1 n .~mber for this collection of info'rmation is 1103-0053, exp. I 1/30/2001 . Memo To: Joyce Houran Cc: MDC Committee ,/~ / From: Lt. Tom Smith {~K,/' Date: 08/20/99 Re: Compliance with COPS MORE '98 28C.F.R. Part 23 (Intelligencce) As Project Coordinator for the CCSO Mobile Data Project, I have been aware of our requirement to comply with the COPS MORE '98 C.F.R. Part 23 since the inception of the project. Our Mobile Data project allows Deputies to complete a variety of CCSO forms consisting of all operational reports, including Field Interviews and Intelligence Reports. However, once completed the Intelligence form is stored on a floppy, hand delivered to the district crime analyst / secretary, where it is then downloaded to the network/server, where the Criminal Intelligence Bureau accesses it. After the Intelligence Report is completed by the Deputy, the data is secure from unauthorized access to it. The download protocol at the District has no viewing, searching, or browsing feature. The Intelligence is not shared with any agency during any process of writing, storing by the Deputy to disc, or transmission. Based on the definitions provided in the materials provided by the U. S. Department of Justice Office of Community Oriented Policing Office the CCSO mobile data computers acquired through COPS MORE grants DO NOTap.~. to C,F.R. Part 23. Lt. Tom Smith CC: MDC File Dir. DeAndres, Data Processing Dir. Kinzel, Finance Joyce Houran, Grants AGENDA ITEM No. t~_~ %. ,~ SEP 1 1999 · Page I ~/. pg.'~ , EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE COUNTY AND STATE TO CANCEL THE TAX LIEN CERTIFICATES HELD BY COLLIER COUNTY ON PROPERTIES OWNED BY THE UNITED STATES GOVERNMENT AND LOCATED WITHIN THE BIG CYPRESS PRESERVE PURSUANT TO SECTION 196.28, FLORIDA STATUTES. OBJECTIVE: That the Board of County Commissioners consider the adoption of the attached Resolution to cancel the tax liens and tax certificates held by the County on properties owned by the United States of America within the Big Cypress Preserve. CONSIDERATIONS: The County currently holds three (3) tax certificates as tax liens on properties that are owned by the United States of America and located within the Big Cypress Preserve. Section 196.28, Florida Statutes, authorizes the Board of County Commissioners of each county of the state to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands conveyed to, or acquired by any agency, governmental subdivision or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation or other public use. The properties described on the attached Tax Certificates are all located within the Big Cypress Preserve which has been and is being acquired by the United States of America as a game preserve. FISCAL IMPACT: None. Tax certificates on the three parcels have been issued for a value of no more than $119.00. There is an inability by the County to enforce tax liens against the federal government. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached Resolution authorizing the cancellation of Tax Certificates attached thereto and incorporated therein held by Collier County on the three (3) properties owned by the United States of America within the Big Cypress Preserve. Da-vid'C. ~eigel ~'" County Attorney ,'-"- I AC~NDA ITEM . h:ew/executive summaries/1999/cancel tax certificates on US properties in Big Cypress SEP lq 1999 ! RESOLUTION NO. 99- 2 3 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE COUNTY AND 4 STATE TO CANCEL THE TAX LIEN CERTIFICATES HELD BY COLLIER COUNTY 5 ON PROPERTIES OWNED BY THE UNITED STATES GOVERNMENT AND LOCATED 6 WITHIN THE BIG CYPRESS PRESERVE PURSUANT TO SECTION 196.28, FLORIDA 7 STATUTES. 8 9 WHEREAS, Section 196.28, Florida Statutes, authorizes the Board of County Commissioners 10 of each county of the state to cancel and discharge any and all liens for taxes, delinquent or current, 11 held or owned by the county or the state, upon lands conveyed to, or acquired by any agency, 12 governmental subdivision or municipality of the state, or the United States, for road purposes, defense 13 purposes, recreation, reforestation or other public use. 14 WHEREAS, the United States of America has acquired certain lands within Collier County for 15 the Big Cypress Preserve; and 16 WHEREAS, Collier County holds tax certificates on certain parcels of land within the Big 17 Cypress Preserve; and 18 WHEREAS, the Board of County Commissioners recognizes that the Tax Certificates held by 19 Collier County on lands owned by the United States of America and located within the Big Cypress 20 Preserve should be canceled. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 23 1) Pursuant to the authority of Section 196.28, Florida Statutes, the Tax Certificates attached 24 hereto and incorporated herein which are held in the name of Collier County as a tax lien on the 25 properties owned by the United States of America and located within the Big Cypress Preserve shall be 26 canceled. 27 2) Upon receipt ora certified copy of this Resolution with the attached Tax Certificates the 28 County Tax Collector and the State of Florida, Department of Revenue, are hereby authorized, 29 empoxvered and directed to make proper entries upon the records to accomplish such cancellation and 30 to do all things necessary to carry out the provisions of Section 196.28, Florida Statutes. 31 PASSED AND DULY ADOPTED this day of , 1999 after motion, second 32 and majority vote. 33 34 ATTEST: BOARD OF COUNTY COMMISSIONERS 35 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 36 37 38 BY: 39 PAMELA S. MAC'KIE, CHAIRWOMAN 40 41 Approved as to form and 45 David C. Weigel, County/A~tto_,,~ey SI? 1 /~ 46 h:/ew/Resolulions/1999,'cancel tax ceos on IlS properties in Big Cypress DR-509 [] R.o;,,93 TAX SALE CERTIFICATE NO. 6716 This Certificate will be void seven years from date of issue. STATE OF FLORIDA OFFICE OF TAX COLLECTOR I, GUY L CARLTON , Tax Collector for the County of COLLIER , in the State of Florida, do hereby certify that I did, at public auction, pursuant to notice given by law as required, on this the 29TH day of MAY ,19 97 , issue to COLLIER -~OUNTY 64 COURTHOUSE COMPLEX NAPLES, FL 34112 a tax sale certificate covering tha p~xcel(s) hereinai~er described for the sum of 4 3 DOLLARS and 05 CENTS. said sum being the amount due for tmxes, interest, costs and charges of the described parcel(s) for the year 19 96 , that the above named purchaser of this certificate or assigns will therefore be entitled to apply for a Tax Deed of such parcel(s) in accordance with the law unless the same shall be redeemed within such pe~ods of time as are provided by law, by pa.vment of such amount and interest thereon ~rom the date of this certificate at the rate of eighteen percent per annum, if purchased by the county or eighteen percent per annum (or at such lower rate of interest as may be bid by a~y purchaser other than the county). Said parcelis) are described as follows: EXEMPTION PARCEL NUMBER TYPE VALUE TA.XLkBLE VALLE CODE ACRES 01160~0002 1272 35 2.5 , CER 6716 DESCRIPTION: 10 52 32 W~ OF N~ OF NE~ OF SE~ OF NW~ 2.5 AC OR 1953 PG 1660 AC-~NDA ITeM '. - NO. SEP 1999 Pg [n t~e County o[ COLLIER , State ~he interest ~ate b~d at the sale pu~sua~ to O~apte~ ]9?, ~oHa~ St~tu[e5, was ~ ~ pe~ce~ ~TNESS my hand at NAPLES Flo~da, t~s 29TH day o~ Si~ature: ~x Collector DR-509 [] R. o7 93 TAX SALE CERTIFICATE NO. 1417 STATE OF FLORIDA OFFICE OF TAX COLLECTOR I, GUY L o CARLTON , Tax Collector for the County of ? COLt I ER , in the State of Florida. do hereby certi~- that I did, at public auction, pursuant to notice given by law as required, on tkis the 30TH day of MAY ,19 96 , issue to COLLIER COUNTY 64 COURTHOUSE COMPLEX NAPLES, FL t (_. ' :33962 a tax sale certificate covering the parcel(s) hereina~er described for the sum of B I DOLl.ARS and 8 9 CENTS, said sum being the amount due for taxes, interest, costs and charges of the described parcel(s) for the year 1995 , that the above named purchaser of this certificate or assigns will therefore be entitled to apply for a Tax Deed of such parcel(s) in accordance with the law unless the same shall be redeemed within such periods of time as are provided by law, by pay~nent of such amount and interest thereon from the date of this certificate at the rate of eighteen percent per annum, if purchased by the county or eighteen percent per annum (or at such lower rate of interest as may be bid by any purchaser other than the county). Sa/d parcel(s) are described as follows: EXEMPTION PARCEL NUMBER T%'PE VALUE TAXABLE VALUE CODE ACRES 01222680003 636 35 1.25 DESC~PTION: CSR 1417 28 53 32 Nl/2 OF W1/2 OF Nl/2 OF SEll4 .OF NE1/4 OF NE1/4 1,25 AC OR 617 PG 196 A~DA ITI:u SEP 14 1999 Pg._ In the County of COL L I ER State of Florida. "-' The interest rate bid at the sale pursuant to Chapter 197, Florida Statutes. was 18.00 percent. WITNESS my hand at NAPLES Florida. this 30TH dny of MAY Signature:~~ ~~'~ . Tax Collector DR-509 [] R.o7 9 TAX SALE CERTIFICATE NO. This Certificate will be void seven years from date of issue. ~ ,~ /t :;'5/; STATE OF FLORIDA OFFICE OF TAX COLLECTOR I, GUY L · CARLTCIN , Tax Collector for the County of ' COLL I ER , in the State of Florida, do hereby certify, that I did, at public auction, pursuant to notice given by law as required, on this the 30TH day of MAY ,19 96 ,issue to COLLIER COUNTY 64 COURTHOUSE COMPLEX NAPLES, FL 33962 a tax sale certificate covering the parcel(s) hereinafter described for the sum of 43 DOLLARS and 27 CENTS, said sum being the amount due for taxes, interest, costs and charges of the described parcel(s) for the year 1995 , that the above named purchaser of this certificate or assigns will therefore be entitled to apply for a Tax Deed of such parcel(s) in accordance w~th the law unless the same shall be redeemed within such periods of time as are provided by law, by payment of such amount and interest thereon from the date of tkis certificate at the rate of eighteen percent per annum, if purchased by the county or eighteen percent per annum (or at such lower rate of interest as may be bid by any purchaser other than the count?. Said parcel(s) are described as follows: EXEM_w~ION P,q_RCEL NUMBER TYPE VALUE TAY~kBLE VALUE CODE A. NS 012226/,0001 1272 35 2.50 DESCRIPTION: CER 1416 28 53 32 S1/2 OF W1/2 OF N1/Z OF SE1/4 OF NEll4 OF NE1/4, S1/2 OF E1/2 OF N1/2 OF SE1/4 OF NEi/4 OF NE1/4 2.5 AC OR 617 PG 195 SEP l 1999 Pg. 5 In the County of COLL I ER State of FIorida. The interest rate bid at the sale pursuant to Chapter 197, Florida Statutes. was 18 o 00 percent. WITNESS my hand at NAPLES Florida. this 30TH MAY 19 g6 Sigmature: _ ', / '"--; Tax t'~jluct,~r EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF NABORS, GIBLIN & NICKERSON, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS. OBJECTIVE: The Board approve a continuing retention agreement for outside legal services on - an "as needed" basis. CONSIDERATIONS: Attached for the Board's approval is a Continuing Retention Agreement with the law firm of NABORS, GIBLIN & NICKERSON, P.A., ("Nabors, Giblin") which is a law firm used by the County on an as-needed basis to provide specialized legal services. The contract does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on an as-needed basis in the area of local government bonds and finance, legislative matters, impact fees and utilities. The most recent agreement with the firm expired by its own term April 18, 1999 prior to a renewal with revised rates. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this firm has increased its rates slightly over the prior agreement, the firm previously had agreed that the increased rates would not be charged to the County under past agreement renewals and would only be effective when it was necessary to revise the contract. Slightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the fate of the attorney working on the request or project or a negotiated rate for bond issues and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None A~NDA ITEM . SEP 1999 RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached continuing retention agreement with the law firm of NABORS, GIBLIN & NICKERSON, P.A. for specialized legal services requested on an as-needed basis. Additionally, direct the Clerk to pay all invoices at the prior contract rate for work performed from April 18, 1999 through the effective date of this agreement. Approved by: Dhvid C. Weigel ' Dato/ d County Attorney DCW/dda/H/exec surimi/1999/re Nabors, Giblin Continuing Retention Agreement AGENDA ITEM . NO. __J_~~') SE2 l zl 1999 pg. ~ CONTINUING RETENTION AGREEMENT This Continuing Retention Agreement is made between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm ofNabors, Giblin & Nickerson, P.A., of Tampa, Florida ("Nabors, Giblin"). Whereas, Nabors, Giblin has special expertise and resources in a wide range of legal matters, with particular expertise in local government bonds and finance, legislative matters, impact fees and utilities; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise ofNabors, Giblin. Now, Therefore, it is agreed as follows: Nabors, Giblin agrees to render legal services to the County for work which may be assigned to Nabors, Giblin from time to time by and through the County Attorney's Office. For all previously assigned, continuing and subsequently assigned work performed by Nabors, Giblin, the County agrees to pay Nabors, Giblin for services rendered, with fees based on the normal hourly rates Nabors, Giblin customarily charges to its similar clients for similar services. At present, such rates, except for local government bond issues, are as follows for the indicated Nabors, Giblin partners currently providing the principal legal services to the County in certain matters: $175.00 per hour for services provided by principals; $150.00 per hour for services provided by associates; $ 90.00 per hour for services provided by firm financial consultants; $ 50'00 per h°ur f°r services pr°vided bY law clerks & paralegals' I ~O:'EIqDA [T~-'M-'x Services for bond counsel shall be at negotiated rates by and with approval of the County Attorney. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. The County agrees to reimburse Nabors, Giblin for all out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable communication costs, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch - $ 6.00 Dinner - $12.00 Nabors, Giblin shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Nabors, Giblin to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall AGENDA ITEM NO. ~ Page 2 of 4 SE:P 1~, 1999 pg., q be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. This agreement may be executed in multiple counterparts. In Witness Whereof, the County and Nabors, Giblin have caused this Continuing Retention Agreement to be executed on the date stated below. DATE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency David C. Weigel A~I(ac~ County Attorney S, GIBLIN, & NICKERSON, P.A. AO, EI'~DA rll[M ,..,. NO. SEP 1999 Page 3 of 4 pg. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this .~_ day of ~ 1999, by ~rt~6,o(~/.) / ']7. ,~~-"~ as -~'qC r~ 4-o.I- )/ ofNabors, Giblin & Nickerson, P.A., a Florida Professional Association, on behalf of the professional association. He/~, is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: AOENDA fiE? 1999 Page 4 of 4 pg. EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to make a loan to Community Healthcare, Inc. (Naples Community Hospital) pursuant to a Master Financing Agreement approved by the Authority and the Board of County Commissioners in August, 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations OBJECTIVE: To accomplish the necessary approvals to authorize a proposed loan by the Collier County Industrial Development Authority to Community Healthcare Inc. to be used to finance the lease purchase of medical and related equipment to be used by the hospital in its health care operations. CONSIDERATIONS: The Collier County Industrial Development Authority (the "Authority") has been requested by Community Healthcare, Inc. (Naples Community Hospital, hereinafter "the hospital") to finance the purchase by the hospital of medical and related equipment through a tax-exempt financing technique available to qualifying not-for-profit hospitals. Using this technique, an authority with the power to issue tax-exempt securities enters into a financing agreement with a lender, with the not-for-profit hospital as the obligor on the loan. The requested loan is the second equipment purchase by the hospital under this program. In August, 1997, the Authority entered into a Master Financing Agreement among the Authority as Issuer, G E Capital Public Finance, Inc., as Lender, and the hospital as Obligor. The Authority entered into the Master Financing Agreement after considering the application for financing and conducting an advertised public hearing which afforded members of the public an opportunity to comment on the transaction. No member of the public commented or objected. As is the case with all financings or this type, the Board of County Commissioners authorized the Authority to enter into the transaction by Resolution 97-330, adopted by the Board on August 26, 1997. As a result, the hospital purchased certain equipment, including, but not limited to, diagnostic imaging equipment, computer hardware and software, surgical, x-ray, nuclear medicine, ultrasound, cardiac and ancillary equipment. The current request is for a loan to make additional equipment purchases. Major items to be purchased include equipment for an additional cardiac catheterization lab, MRI upgrades, monitors, a light speed CT scanner, IV pumps, an order communication upgrade, and other medical and related equipment. The Master Financing Agreement provides that the hospital is the obligor on the loan, that the obligor is solely responsible for all payments, and that no taxes or other revenues of either Collier County or the Authority are pledged and that no liability for defa' ~h ,~,,, 1,~, AGEND.AJTE. M NO. SE,'" iq 1999 on either the Authority or the County, its officers, employees, and agents for any expenses or damages in the event of a default, including payment of attorney's fees. These are the same provisions that are included in all financing resolutions of the County's financing authorities. Federal tax law requires that the Authority hold a hearing and that members of the public be afforded an opportunity to express their views on the proposal. A hearing was held on August 31, 1999, pursuant to a notice in the Naples Daily News published on August 12. No members of the public appeared at the hearing to express objections to the proposal. At the hearing, the Authority considered the application and approved the financing. The second requirement of Federal tax law is that the local governing body consent to the financing. This does not have to be a specially advertised hearing, but must be done at a regular meeting of the Board. A copy of the published notice is attached as Exhibit A to the proposed resolution, and a copy of the Authority's approving resolution is attached as Exhibit B. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other county agency. Based upon information received from the County's Financial Advisor, the debt already issued this year by the County and other issuing entities precludes the County from borrowing this calendar year on a "bank qualified" basis, thus the ,-.--- approval of this financing will have no impact on County financing during the remainder of 1999. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Donald A. Pi'~'k~'ortth, Counsel Collier County Industrial Development Authority Approved by: David C.-'~reig~, Cou~jF~ttorney AGENDA I.TE_~4._\ Nc}. SEP lq 1999 Pg._ ~ RESOLUTION 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO ENTER INTO A SCHEDULE TO A MASTER FINANCING AGREEMENT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC., AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC., AS OBLIGOR; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Collier County Industrial Development Authority (the "Issuer") is a public corporation of the State of Florida, was duly created by Resolution R-79-34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duty created and existing as a local governmental body and a public instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Florida Statutes, as amended (the "Act"), to provide for the making of, and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has heretofore executed the Master Financing Agreement, dated as of September 1, 1997 (the "Master Financing Agreement"), by and among the Issuer, G.E. Capital Public Finance, Inc., as Lender, and Naples Community Hospital, Inc. (the "Corporation"), as Obligor, pursuant to which the Issuer will make a Loan (as defined in the Master Financing Agreement) to the Corporation for financing the purchase of certain equipment, and the making of certain renovations for the installation thereof, to be used by the Corporation in its health care operations, and for financing certain expenses in connection with such Loan. C. A public hearing was held by the Issuer on August 31, 1999, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the nature of the financing and to the making of the Loan. No person spoke or wrote in opposition to the financing or the making of the Loan. AGENDA ITEM NO. __L~_C~) SEP 1 1999 NYLIBI/6OOIbl/2 Pg' "-' D. The Issuer has recommended and requested that the Board of County Commissioners approve the Issuer's making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. A copy of the resolution adopted by the Issuer on August 31, 1999 (the "IDA Resolution") in connection with such Loan is attached hereto as Exhibit B. E. The purposes of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the Board of County Commissioners. F. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Master Financing Agreement. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Loan. G. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147(0 of the Internal Revenue Code of 1986, as amended, the making of the Loan as contemplated by the IDA Resolution in an amount not to exceed $15,000,000 is hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. AGENDA ITEM., NO. ~ SE? lq 1999 NYLIBI 600161,2 2 Pg' q PASSED AND ADOPTED THIS 14th day of September, 1999. (SEAL) ATTEST: COLLIER COUNTY, FLORIDA Dwight E Brock, Clerk By:. By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman, Board of County Commissioners Approved as to form and legal sufficiency: ISa'"vid Wei~i County Attorney AGENDA ITEM_ .o. SIP lq 1999 3 Naples Daily NeWs ,i.~t~.o~ -ri 34102 Notice of AAeeflrlg and PubJlc Heorln g Notice is hereby given that the Collier Coun~ ln- .~ ..... dus~o[ Development Aufhorf~ (the "Authorl~") P ~ ........................ ~,ment Council of C~llier ~o~nty Conference Room, 305~ .................................... ;Nodh Horseshoe Drive, Suite 120, Naples, Florida, ................. ;34104 for the purpose of receiving public comments .and hearing discussion concerning ah' oblig~lon fo be ~lncurred under the Master Financing Agreement, d~. ed as of September 1 1997, among the Authorlf% os . ~lssuer, GE Capital Public Finance, Inc., os Lender, and PICKWORTH, DONALD P:.~Z. ~Hapl~s ~o~unitK Hospital, Inc., as Obligor. Under ...... · , ~,,u the ~asTer ~i~anclng Agre~menf~ fha Issuer will ob- 5150 TAMIAMI t~ ~4 .uu~ fain a loan from the Lender and will lend the proceeds NAPLES FL ~103 of such loan fo fha Obligor, who shall use such pro- ceeds (i) fo ocqu~re cedoln equipment and make car- loin ~enovof[ons for fha instoJloflon thereof, IncJudlng, but not limited fo, diagnostic lmoglng equipment com- p~r hor~ore and so~ore, medical and surgical equipment, I~clud~g on ~RI upgrade and o CT scan- ner, o cardiac C~Heferlzoflon laboratory and other general and molar moveable medical ond onclHorv REFERENCE: 010784 equipment, such equlpmenf being personal prope~y 57918026 Notice of Meeting an to be operated by fha Obligor ~n connne~[on with ifs health core operations, and (H) fo pay cedoln penses Incurred In connexion with obtoinfng such loon. The amount of fha obligation will not exceed State of Florida ~5,000,000 and ~11 equipment financed with fha pro- County of Collier coeds of such obligation will be Ioc~ed of Nople~ authority? personally communl~ Hospital , 350 7th S~eef Nodh, Naples, undersigned appearedBef°re theB. Lamb? who on oath says that she serve Florldo~ or No~h Collier Hospifol, ~]i90 Heo~th Park as the sistant Corporate Secretary of the Naples Boulevard, bath focJllfles b~ng located in NASs,ew a daily ne~'spaper ,---~nu~t~shed mt Naples, ~ease-purchasedls'~aUable az me antes of the DaiLYin Collier County, Florida: that the ~ttBched thoritYNaples, F~orldaat 305034~04.No~h Horseshoe Drive, Suite 120, copy of advertising was published in said The obligation to be Incurred under the ~aster Financing Agreement wHJ not constitute a debt of the newspaper on dates listed. Stye of Florida, ~e Authori~, Cailler Count, or the Affiant further says that the said Naples Daily Ci~ of Naptes, but wlJl be a speclm obligation, News is a newspaper published at Naples, in sa~d so~elv from payments made by the Obligor under the Collier County, FLorida~ end that the said ~asterFInanc~ngAgreement. All Interested persons are Invited fo submit writ. ~ewsDamer has heretofore been continuously ten comments or ~end the healing, either persona,y published in said Collier County, FLorida~ each or through their representative, and will be given an day and has been entered as second class mai L op~o~un~ to express their views concerning the fl- nanclng. Anyone desiring fo make wrlffen comments matter at the post office in Naples, in said in advance of the hearing may send such comments Collier County, Florida, for a period of ~ year to: Collier CountylndustrlaIDevelopmentAuthorlty n~ ~receding the f i rst pub l i cat i on of the c/o Economic Development Council ~ed copy of advert i sement; and aft i ant 3050Naples,NOdhFiortdaHorseshoe34]04 Drive, Suite 120 WrlHen comments received in advance of the hearing ~r says that she has neither paid nor firm or coporation any and oral comments made at the hearing are for the t-discount ~'sed anYrebate,persOn,commi ssi on or refund for the consideration o1 the Aufhori~ and will nofblnd the Au- thorf~. Copies of ~e application for financing and the purpose of securing this advertisement for . Master Financing Agreement are available for Inspec- pub Li cat i on i n the sa i d newspaper, tlOnamove.and copying ~ the office of the A~horl~ set fodh SHOULD ANY PERSON DECIDE TO APPEAL PUBLISHED 0N: 08/12 ANY DECISION ~ADE BY THE AUTHORITY WITH RESPECT TO ANY ~ATTER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE, SUCH PERSON ~AY NEED TO ENSURE THAT A VERBATI~ RECORD OF THE PROCEEDINGS IS ~ADE WHICH RECORD INCLUDES THE TESTIMONY AND EV PENCE UPON WH CH THE APPEAL IS TO BASED. AD SPACE: 166.000 INCH In accordance w~th the Americans with Disabilities .. ~o~n~99 ........... : A~, persons needing a special accommodation to 0N uo~,~/ + nt t FILED : . - .... _ ........ ~ ................. tlctp~e tn this hearing should co ac Donald A. Pick- .............................. ~ / ~ wod~, General Counsel, at (941) 263-8060 no later than /J / J , seven (7) days prior to the hearing. ..... nt /u ' - ~ ~. This n~lce Is given pursuant to Sedlon 147(f) of TTIB ~ ' Signature o? A - ~ . . ~ ~ .~ C~' ~h~.[nte[nal ~vegu~,Os.amen~q. .... ~ . _. J_~.~ ~, ~,, O~~ 'IY L ( ~omer ~oun~naus~a~ ueve~opmem AuTnor~ O and Subscribed before me tn~s I~lua~ '~ ~ /s/Donald A. Plckwodh S~orn t .a A ~ x ~ _ ~ n . [I Assistant Secretory and General Counsel . / ( [) ~ [ y ~ ~'~ ~,~.~.- : August 12 No. 1459700 Personally known by me ~- ' ~- ' ' ~%~ Chanet ~ McDonald ~: ~.~ ~Y COmmISSION ~ CC85075~ EXPIRES AGENDA ITEM. S[2 1999 EXHIBIT A TO COUNTY RESOLUTION Pg, RESOLUTION 99-_~7 RESOLUTION AUTHORIZING THE MAKING OF A LOAN TO NAPLES COMMUNITY HOSPITAL, I-NC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN EQUIPMENT AND AUTHORIZING THE EXECUTION OF A SCHEDULE TO A MASTER FINANCING AGREEMENT AND RELATED DOCUMENTS BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: Section 1. Findings. It is hereby found, determined and declared that: (a) The Collier County Industrial Development Authority (the "Issuer") is a public corporation of the State of Florida, was duly created by Resolution R-79-34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purposes of financing qualified projects in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Florida Statutes, as amended (the "Act"), by the issuance and sale of its obligations for lawful purposes under the Act; (b) Naples Community Hospital, Inc. (the "Corporation") is a Florida not-for- profit corporation, which owns and operates hospital and other health-related facilities located in the County; (c) The Corporation desires to finance the cost of acquiring certain capital equipment (the "Equipment"), and making certain renovations for the installation thereof, for use in or in cormection with the health care facilities of the Corporation at Naples Community Hospital, which is located at 350 7th Street North, Naples, Florida, and North Collier Hospital, which is located at 11190 Health Park Boulevard, Naples, Florida; (d) The Issuer has received an application of the Corporation pursuant to which the Corporation has requested that the Issuer provide assistance in connection with the financing of the Equipment and the renovations necessary for the installation thereof, including the payment of certain expenses incurred in connection with obtaining such financing, all as more particularly described in and subject to Schedule No. 3 dated as of September 1, 1999 (the "Schedule") to the Master Financing Agreement, dated as of September 1, 1997 (the "Master Financing Agreement"), by and among the Issuer, the Corporation and GE Capital Public Finance Inc. ("GECPF"), pursuant to which GECPF will provide funds to the Issuer to make a loan (the "Loan") to the Corporation for such purposes; (e) In order to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Issuer did on the date here ~'' ~,-Ta NO. NYLIB I/606170/1 EXHIBIT B TO COUNTY SE? 1 q 1999 RESOLUTION hearing, which public hearing was duly conducted upon reasonable public notice and at such public hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the Equipment and the renovations necessary for the installation thereof and to the financing and the making of the Loan; (f) At said hearing, no person spoke or wrote in opposition to the Equipment and the renovations necessary for the installation thereof or the financing and the making of the Loan; (g) The purposes of the Act will be effectively served by the making of the Loan; (h) There has been presented to this meeting an executed counterpart of the Master Financing Agreement and the proposed form of the Schedule; (i) The Equipment and the renovations necessary for the installation thereof constitute a project eligible for financing under the Act; (j) Due to the volatility of the tax-exempt bond market, it is necessary and desirable and in the best interests of the Issuer and the Corporation to enter into a negotiated transaction with GECPF; (k) The Corporation is financially responsible and fully capable of fulfilling its obligations under the Master Financing Agreement and the Schedule and performing such other responsibilities as may be imposed upon it under the Master Financing Agreement and the Schedule; (1) Adequate provision is made in the Master Financing Agreement and the Schedule for the installation, operation, repair and maintenance of the Equipment and the renovations necessary for the installation thereof at the expense of the Corporation and for the payment of principal of and interest on the Loan; and (m) It is now desirable to authorize the making of the Loan and the execution and delivery of certain documents in connection therewith. Section 2. Making of Loan Authorized; Approval of Form and Execution and Delivery_ of the Schedule. The making of the Loan as contemplated by the Master Financing Agreement and the Schedule, in a principal amount not to exceed $15,000,000, at an interest rate not to exceed 9% per annum, is hereby approved. The form of the Schedule as presented to this meeting is hereby approved and the Chairman or the Vice Chairman of the Issuer is authorized to execute and deliver the Schedule in substantially the form thereof presented to this meeting, with such changes, insertions, modifications and deletions as shall be necessary to conform to this Resolution and with such other changes, insertions, modifications and deletions as may be required by Bond Counsel or the General Counsel of the Authority and which shall be approved by the Chairman or Vice Chairman (which approval shall be conclusively presumed from the execution thereof). The Issuer hereby recommends and requests that the Board of County Commissioners of the County approve the making of the Loan. AGENDA ITEM NC). ~ NYL,B looo 7ot SE? I 1999 2 Pg._ Section 3. Actions of Officers. All actions of officers of the Issuer heretofore taken in conformity with the purposes and intent of this Resolution and in furtherance of the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof are hereby approved and confirmed. The officers, employees and agents of the Issuer are hereby authorized and directed to take such further actions in conformity with the purposes and intent of this Resolution and in furtherance in the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof as may be necessary or desirable. Such officers, employees and agents of the Issuer are hereby authorized and directed to execute such closing certificates and documents relating to the Loan as may be requested by Bond Counsel, including, but not limited to, an Escrow Agreement and a Tax Certificate setting forth the expected use and investment of the proceeds of the Loan in order to show, among other things, that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1986, as amended. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. ADOPTED the 31st day of August, 1999. COLLIER COUNTY INDUSTRIAL DEVELOPMENT '" ~ AUTHORITY "_,[kEA.L] ..- -.. ...... -- phrey, (f CCai=an Attest: (,,/"Secretary' AGENDA ITEM NO. __]~ SE? 1,': 1999 pg. (~ EXECUTIVE SUMMARY Recommendation to approve a Legal Services Agreement with Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. as legal counsel to represent county relating to county's interest in the Naples Beach Restoration Project OBJECTIVE: That the Board of County Commissioners approve the attached Legal Services Agreement with the law firm of Siegfried, Rivera, Lerner, De La Torte & Sobel, P.A. as legal counsel to represent county relating to the Naples Beach Restoration Project, CONSIDERATIONS: As a result of the beach renourishment project, non-specification material was placed upon Collier County beaches. The County has spent considerable money to remove the non-specification materials from the beach. The Board of County Commissioners has directed the County Attorney to look into the possibility of recouping that money from any and all entities believed to be responsible for the placement of the non-specification materials on the beach. The law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., ("Carlton, Fields"), which has a retention agreement with the County and is used on an as-needed basis to provide specialized legal services, was initially asked to assist the County Attorney in this regard due to their expertise in construction litigation matters. During their initial review of this matter it was discovered that a potential conflict of interest existed for Carlton Fields. As a result, the County Attorney was referred to two other law firms in the area with equivalent expertise. One firm, located locally in Naples, indicated a desire not to represent the County. The other, Siegfried, Rivera, Lerner, De La Torte, & Sobel, P.A., indicated its willingness to accept representation under the same or similar conditions as outlined in the Carlton, Fields retention agreement. The issues presented in this matter are extensive and complex. Accordingly, the use of outside expert construction litigation counsel in coordination with the County Attorney is necessary in order to better serve the County's interest. Attorney Steven Siegfried specializes in Construction Litigation and has practiced in this area for many years. The County Attorney has reviewed the selection with professional staff, and has also received the support and concurrence from both the Public Works Administrator and the Public Works Engineering Director. FISCAL IMPACT: Requested periodic legal services, as may be authorized by the County Attorney, will be compensated unto Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. at a reduced rate of $220.00 per hour for Steven M. Siegfried, $180.00 per hour for Daniel Davis (Sr.. Associate), and $180.00 or less for all other attorneys within the firm. Additionally, the firm shall be compensated at a reduced rate of $60.00 per hour for paralegal services. The estimated total cost for the described legal service at this time is not more than $50,000.00 Funding is not presently budgeted for these services. Staff recommends the approval of a budget amendment AGENDA ITEM. NO. ~) S? 1999 effective October 1, 1999, reducing General Fund (001) reserves for contingencies and placing the funds in the County Attorney's outside legal counsel budget. Budget Amendment: General Fund (001) Reserves ($50,000.00) County Attorney Outside Counsel $50,000.00 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the attached Legal Services Agreement with the firm of Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. and authorize the Chairman to execute same and approve a budget amendment effective October 1, 1999, as discussed herein. Reviewed by: Ed IlschneC' Date Public Works Administrator Reviewed by: Date Assistant County Attorney Approved by: ~i~,id C: Weigel ~) County Attorney DCW/dda/h:executive summaries/1999/Siegfi'ied, Rivera re Naples Beach Restoration Project AGENDA NO. ~\ 1 1999 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT made and entered into this day of ,1999, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm of Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A., 201 Alhambra Circle, Suite 1102, Coral Gables, Florida 33134, (hereinafter referred to as "Counsel"). WITNESSETH: The parties hereto, in consideration of the premises and the covenants contained herein, mutually agree as follows: 1. Counsel is hereby retained by the Board to represent and assist the County relating to the Naples Beach Restoration Project. 2. Counsel, upon authority of the County Attorney, is to prepare all legal documents, correspondence, communications, etc. and to attend all negotiation meetings, settlement conferences, court hearings and trial(s) necessary during any proceeding relating to the Naples Beach Restoration Project. 3. The Board, through its Public Works Division, hereby agrees to pay Counsel's attorneys as compensation for legal services at Counsel's rate of: Steven M. Siegfried $220.00 per hour Daniel Davis $180.00 per hour Rates charged by other attorneys in the firm are not to exceed $180.00 per hour. Lesser hourly rates are applicable for legal services to the County rendered by Counsel's law clerks and legal assistants. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. AGENDA ITEM Page 1 of 5 SEP 1 ~ 1999 pg. '3 4. The County agrees to reimburse Counsel for all out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable documented communication costs, identifiable documented reproductions costs, and special computer expenses not applicable to general overhead. All requests for reimburseable expenses should be supported by appropriate documentation. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch - $ 6.00 Dinner - $12.00 Counsel shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Counsel to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. AGENDA ITEM ~ .", NO.._.[~' (~---~ ,~ t.\) S£P l t, 1999 Page 2 of 5 Pg' Ltl 5. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of,' sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to Counsel for performance of services authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 6. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. 7. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. 8. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to terminate for convenience has been given. The A~DA ITEM . x Page 3 of 5 SE? 1 ~ 1999 County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 9. This Agreement shall be effective upon execution by the Board and Counsel. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: SIEGFRIED, RIVERA, LERNER, DE LA TORRE & SOBEL, P.A. Steven M. Siegfried, Esquire (Printed witness signature) (Printed witness signature) ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney AGENDA ITEM NO. Pa~¢ 4 o~'~ SEP i ~ 1999 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this __ day of , 1999, by as of Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A., on behalf of the professional association. He/she is personally known to me or produced as identification. Signature of Notary Public AGENDA ITEM ,. SE? l Zt 1999 Page 5 of 5 ~"~ BUDGET AMENDMENT REQUEST For Budg~lYFinance Usc Only / ~ ....... 2 ...................... A.P.H. Date ....................... FUND TITLE General Fund FUND NO. 001 Date prepared: 9/2/99 Attach Executive Summary BCC Agenda date Item No. 160)(4) if previously approved. 9/14/99 EXPENSE BUDGET DETAIL I County Attorney, Cost Center Title Expenditure Expenditure Title Increase Current Revised Object Code (Decrease) Budget Budget 631100 Legal fees 50,000 50,000 100,000 TOTAL 50,000 Reserves11919010 II II I Cost Center Title Cost Center No. Project Title Project No. Expenditure IExpendimre Increase I ICurrent I I,,~,.~ 991000 t Contingencies 42 42 TOTAL (50,000) REVENUE BiDGET DETAIL I Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Re~5sed Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed for legal fees associated with the Beach renourishment construction litigation. Where are funds available? General Fund Contingency Reserxes REVIEW PROCESS DATE Cost Center Director:~ ~ ff ~ count:. Budget Department: - - E.) Agenc?' Manager: Finance Department: Clerk of Board Admin.: Input by: B..~. No.: EXECUTIVE SUMMARY IMMOKALEE REGIONAL AIRPORT CONSERVATION EASEMENT OBJECTIVE: To execute a conservation easement over certain lands at the airport for the Florida Fish and Wildlife Conservation Commission. CONSIDERATION: The Authority is obtaining a Gopher Tortoise Incidental Take Permit for the entire airport which will permit the construction of facilities without the need to seek approvals from the Florida Fish and Wildlife Conservation Commission on Gopher Tortoise issues. In exchange for the permit the Authority is giving a conservation easement over lands at the airport which are designated in the Airport Master Plan as conservation land. GROWTH IMPACT: None FISCAL IMPACT: None RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute a Deed of Conservation Easement for the Florida Fish and Wildlife Conservation Commission. Drury, A. ~ctor Collier County Airport Authority H:9.99DeedOfConservationEasement AGENDA ITEM - S ! 1999 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is hereby granted by the Collier County Airport Authority and the County of Collier, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail, Administration Building, Naples, Florida, 34112, ("Grantor") to the Fish and Wildlife Conservation Commission, an Agency of the State of Florida, whose address is 620 South Meridian Street, Tallahassee, Florida, 32399-1600, ("Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, hereinafter referred to as the "Property," more specifically described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Grantor desires to protect and conserve certain uplands preserve areas; and WHEREAS, Grantor in consideration of the consents of the Grantee to that certain Gopher Tortoise Incidental Take Permit issued to Grantor on the day of ., 1999, by Grantee, hereinafter referred to as the "Permit," whereby Grantor is required to grant and secure the enforcement of a perpetual conservation easement as defined in Section 704.06. Florida Statutes (1991), over the Easement Area. NOW THEREFORE, consistent with the issuance of the Permit, Grantor hereby grants, creates, and establishes a perpetual conservation easement upon the Easement Area, which is depicted by the "cross-hatched" areas (generally west of runway 18-36 ) as shown on Exhibit "B." The Easement Area does not include 50 ft. wide existing roads and their associated rights-of-way and that proposed road to the hangar located within the Easement Area all identified on Exhibit "B". The easement shall run with the land within the Easement Area and shall be binding upon Grantor, its heirs, successors and assigns, and shall remain in full force and effect forever unless released by Grantee, its successors or assigns, as the case may then be. 1. The scope, nature, and character of this easement is to ensure, to the greatest extent now and/or hereafter allowed by law, that uplands preserve areas, including buffer zones, (Easement Area) shall be used only as conservation areas pursuant to Section 704.06, Florida Statutes, consistent with the Permit and the Management Plan. To carry out these purposes, the following rights are conveyed to Grantee by this easement: (a) Authorized representatives of Grantee may enter upon the Property at reasonable times to enforce any and all rights herein granted upon prior notice to Grantor (or Grantor's successors or assigns as the case may then be) in a manner that will Deed of Conservation Easement Page 2 not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor (its successors or assigns as the case may be) at the time of each such entry; and, (b) Authorized representatives of (1) Grantee and/or (2) any other then authorized government entity may enjoin any activity on, or use of, the Property that is inconsistent with the purpose of this easement, and may enforce restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Collier County reserves to itself, its successors and/or assigns all rights as a non-charter County and as owner of the Airport, including rights to engage in all uses of the Airport that are not expressly prohibited herein and which are not inconsistent with the purposes of this easement as set forth in Section 704.06, Florida Statutes, as now exists or may hereafter be amended. Within the Easement Area, the following are prohibited uses/activities except as otherwise authorized elsewhere in this document, or as then required by applicable law(s), including Chapter 333, Florida Statutes, or the then current FAA FAR Part 77 Standards (or successor) in function of any of same: (a) Construction or placing of buildings, roads, signs, billboards and other advertising, utilities, and/or other structures on or above the ground. (b) Dumping or otherwise placing of trash, waste, or unsightly or offensive materials. (c) Removal or alteration of trees, shrubs, or other vegetation unless allowed or mandated by the then current Management Plan and/or officials of Grantee. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface except as necessary for maintenance of drainage ditches. (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, and/or fish and/or wildlife habitat preservation. (g) Acts and/or uses that are detrimental to such retention of land. (h) Alteration of the Easement Area except to the extent authorized by the Permit, by then applicable law(s) and/or the then current Management Plan. Deed of Conservation Easement Page 3 (i) Use of any pesticides within the Property without the prior written consent of the Grantee, which consent(s) will not be unreasonably withheld. 3. No right of access by any members of the general public to any portion of the Easement Area is conveyed by this easement. 4. Grantor agrees to bear all reasonable costs related to the normal operation, upkeep and maintenance of the Easement Area. 5. Grantor agrees that taxes and/or assessments levied on the Airport by competent authority will be paid. 6. Enforcement of this easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to exercise any of its rights hereunder in the event of any breach hereof by Grantor (or its successors, personal representatives or assigns, as the case may be) shall not be deemed or construed to be any waiver of Grantee's rights hereunder in the event of any subsequent breach hereof. 7. Grantee will hold this easement exclusively for conservation purposes and will not assign this easement or any of its rights and/or obligations hereunder except to another organization then (a) qualified by law to hold such interests and/or perform those obligations under any then applicable law(s), and (b) then and thereafter committed to holding this easement exclusively for conservation purposes. If Grantor sells or otherwise conveys title to any part of the Airport or Easement Area to any person or entity, Grantor shall deliver written notice of such transfer to Grantee not later than thirty (30) days after recordation of the respective transfer in the public records of Collier County. 8. If any provision of this easement, or the application thereof to any person or circumstance, is found to be invalid, all other provisions of this easement, and the applications of any such provision(s) to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby to the greatest extent then allowed by law. 9. All notices, consents, approvals or other communications pursuant hereto shall be in writing and shall be deemed properly received by the recipient if actually received via United States mail, certified, return receipt requested, addressed to the appropriate party (or successor-in-interest), at the addresses above set forth or such new address as either party may in writing deliver to the other party. 10. This easement may be amended, altered, released or revoked only by written agreement between the parties hereto, or their successors or assigns. Deed of Conservation Easement Page 4 11. Grantor certifies to Grantee that the Airport is not subject to any mortgage or any other form of security that is superior to this easement or which needs to be subordinated. 12. This easement shall be recorded by Grantor in the public records of Collier County after receipt of acknowledgment of acceptance hereof by the Grantee. 13. Grantor agrees that if the property is subject to a mortgage or any form of security interest, Grantor shall provide documentation to verify that mortgage or security interest is subordinate to this Conservation Easement and such verification shall be provided and recorded either before or concurrent with execution of this Easement. TO HAVE AND TO HOLD unto Grantees, their respective successors and assigns forever. The covenants, terms, conditions, restrictions and purposes imposed with this easement shall not only be binding upon Grantor but also upon its agents, authorized representatives, assigns, and all other successors in interest to it, and shall continue as a servitude running in perpetuity with the Airport unless and until released by Grantee or its successor or assigns, and then only to the extent of any such release(s). IN WITNESS WHEREOF, Grantor has executed this easement on the ~ day of ,1999. ATTEST: BOARD OF COUNTY COMMISSION Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman and legal sufficiency: B.~_~flx'{ '~'-'x f // "~-'~ t,.._.~-/k.~x~ ~ Michael Williams, Chairman Thomas C. Palmer Assistant County A~orney Deed of Conservation Easement Page 5 GRANTEE'S ACCEPTANCE The Fish and Wildlife Conservation Commission hereby approves and accepts the foregoing Conservation Easement and agrees to all of its terms and provisions this Day of ,1999. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION WITNESSES: By: NalTle Title: H:8.30.99Deed of Conservation EasementDruryFinalReview _ DATE: 11-12-98 IMMOKAI,EE REGIONAL AIRPORT FLORiDA~~-------,~ LOCATION MAP ENVIRONMENTAL sc.~,.~.: INCORPORATE'D- 18505 Paulson Drive, Bldg. Port Charloffe, FL 33954 Tel (941) 624-2911 PROJECT NO: 94067.8 EXHIBIT A ro~ (941) 629--7210 N 321 211 tl ~11 )21 5431 321 28! LEGEND 140 - C0~'RCIAL (5.89 AC"R~) 641 - (20.88 A~I~ES) ts5 - PA~ (~.09 AC~S) et,- tn, - oPs~ LA~D n~PACrSD (~7.4t A~) (SB.62 A~) 6~ - ~ ~ (7.66 A~) lgl (152.88 ~S) (19.91 A~S) 811 3211 - pAI.~ ~. D~TU~ 7~ -- ~0~ (2.~ A~) (ZS.~ A~) 8~1 - ~0~ (~9.26 A~) 411 - SX~ (5t.on A~S) St~ - ~O~S (i~.4t A~S) 4111 - ~ ~ODS. D~ 833 - WA~ ~ (4.09 A~) 412 - ~ ~0ODH 3211 (27.31 A~) ~ - O~ NA~ (0.55 A~) 4121 - ' ~ -- ~ORT ACCESS R0~S ~ ~1 - N~ ~ ~ ~.~ ~CC (~.49 A~) CONS~VA~0N DATE: 7/~/99 SC~t,~: 1" = 1400' MANAGEMENT AREA Po~ Ch~rloffe, FL 33954 PROJECT N0:94067.10 EXHIBIT B Fax (941) 629-7210 APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to section 197.3632, Florida Statutes, for Solid Waste District No. I Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On December 19, 1995 the Board of County Commissioners approved an ordinance amending Collier County Ordinance 90- 30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment roll (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non-ad valorem assessments) up to $130 per year for each Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessments on the tax bills. FISCAL IMPACT: Based on $109.70 per equivalent residential unit, a total of $6,828,500 is expected to be received in the Solid Waste Mandatory Fund for District 1. GROVVTH MANAGEMENT IMPACT: NA . AGENDA ITEM No._ i-LA SEP 1 1999 pg._ I RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Cellier County Ordinance 90-30, as amended. P R E PA R E D BY"Teres~. ~A'~R'~ ~"~' iese n, ~a nage r DATE Department of Revenue REVIEWED BY:j o hn,~.~'-,c-..~~ ~ Y°n ~:0sky'~i rect°r~'"~DATE Department of'-R~even ue REVIEWED BY: - .... -~ DATE Leo Ochs, Jr., Administrator Support Services DiVision TAR:pc F:\Exsum\Disl 1 Approving asses roll\June 28, 1999 F:\Exsum/Dist 1 Approving Assess roll 1999 RESOLUTION NO. 99 2 3 A RESOLUTION APPROVING THE PRELIMINARY 4 ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL 5 AND ADOPTING SAME AS THE NON-AD VALOREM 6 ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE ? UNIFORM METHOD OF COLLECTION PURSUANT TO 8 SECTION 197.3632, FLORIDA STATUTES, FOR SOLID 9 WASTE DISTRICT NO. I MUNICIPAL SERVICE BENEFIT ~0 UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN ]~ RESIDENTIAL PROPERTIES WITHIN THE 12 UNINCORPORATED AREA OF COLLIER COUNTY l~ PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, 14 AS AMENDED ~5 16 17 18 WHEREAS, the Board of County Commissioners of Collier County, 13 Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance 20 No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the :] unincorporated area of Collier County for the purpose of providing and regulating :*_ Solid Waste Collection and Disposal Services; and _% WHEREAS, the County intends to finance the Solid Waste Collection and _*4 Disposal Services through the levy of special assessments (non-ad valorem 25 assessments) against residential units as defined in Collier County Ordinance 26 No. 90-30, as amended, that are benefited by the solid waste collection and 2? disposal services. Said properties are located within the boundaries of Solid 28 Waste District No. I Municipal Service Benefit Unit as described herein and in 2~ Collier County Ordinance No. 90-30, as amended; and 30 WHEREAS1 Section 197.3632, Florida Statutes, requires that a public 3~ hearing be held to adopt a non ad-valorem assessment roll for purposes of 32 utilizing the uniform method of collection, and 33 WHEREAS, said public hearing was duly advertised and regularly held at 34 the Board of County Commissioners' Boardroom, Third Floor, Administration ¢5 Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on ¢6 September 14, 1999. I 3? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNt SEP 1 ~+ 1999 38 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: pg._~.~._ SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. I Municipal Service Benefit Unit for FY 1999/00 is $109.70 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1'~ of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorer assessment roll)on file with Clerk to the Board, Minutes and Records and a, located within the Solid Waste District No. 1 Municipal Service Benefit Unit whi SEP is more particularly described as follows: Pg' 2 ] LEGAL FOR DISTRICT ONE. 2 Beginning at the intersection of the North line of Section 6, Township 48 3 South, Range 25 East also known as the Lee-Collier County line and the 4 eastern shoreline of the Gulf of Mexico; thence East along said 5 Lee-Collier County line to the northeast corner of Section 12, Township 6 48 South, Range 2G East; thence South along the easterly line of Range 7 26 East, Township 48 South to the southeast corner of Section 24, 8 Township 48 South, Range 26 East; thence east along the south line of 9 Sections 19 and 20, Township 48 South, Range 27 East to the southeast 10 corner of Section 20; thence north along the east line of Sections 20, 17 l l and 8 of Township 48 South, Range 27 East to the southeast corner of 12 Section 5, Township 48 South, Range 27 East; thence easterly along the 13 south line of Sections 4, 3, 2 and I of Township 48 South, Range 27 East 14 to the southeast corner of Section 1, Township 48 South, Range 27 East; 15 thence north along the east line of Section 1, Township 48 South, Range 16 27 East; thence north along the east line of Sections 36 and 25, 17 Township 47 South, Range 27 East to the southeast corner of Section 24, 18 Township 47 South, Range 27 East; thence easterly along the south line 19 of Sections 19, 20 and 21, Township 47 South, Range 28 East to the 20 southeast corner of Section 21, Township 47 South, Range 28 East; 21 thence southerly along the west line of Sections 27 and 34, Township 47 22 South, Range 28 East and continuing southerly along the west line of 23 Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East; 24 thence south along the west line of Sections 3, 10, 15, 22, 27 and 34, 25 Township 49 South, Range 28 East to the southeast corner of Section 34; 26 thence easterly along the south line of Sections 34, 35 and 36, Township 27 49 South, Range 28 East; thence east along the south line of Township 28 49 South, Range 29 East and Township 49 South, Range 30 East to the 29 southeast corner of Section 36, Township 49 South, Range 30 East, being 30 also the centerline of Alligator Alley (I-75); thence continuing easterly 31 along the centerline of Alligator Alley (I-75) to the northeast corner of 32 Section 4, Township 50 South, Range 31 East; thence southerly along the 33 east section line of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, 34 Range 31 East; thence southerly along the East section line of Sections 4, 35 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence 36 southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, 37 Township 52 South, Range 31 East; thence southerly along the east 38 section line of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 3~ 31 East to the Collier-Monroe county line; thence westerly along the said 40 county line to the easterly shoreline of the Gulf of Mexico; thence 41 Westerly and Northerly along the waters of the Gulf of Mexico to the 42 Lee-Collier county line being the north line of Section 6, Township 48 43 South, Range 25 East and being the Point of Beginning. Less and except 44 all the lands located within the corporate limits of the City of Naples and 45 Everglades City. Also, less and except those barrier islands as described 46 in Ordinance No. 90-30, as amended. 47 48 SECTION THREE. Upon adoption of this Resolution all the special 49 assessments (non-ad valorem assessments) and all special assessments in 5o subsequent years for Solid Waste Collection and Disposal Services within Solid 51 Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to 52 Section 197.3632, Florida Statutes, or any successor statutes authorizing the .% collection of such non-ad valorem assessments on the same bill as ad valore .r';~--~ --~--,, , ~ taxes shall be billed. I "°'- / 7 & [ I / SEP 1.W 999 3 I SECTION FOUR. The assessments shall be final and conclusive as to 2 each lot or parcel assessed and any objections against the making of any 3 assessable improvements not so made shall be considered as waived, and if any 4 objection shall be made and overruled or shall not be sustained, the adoption of .~ this Resolution approving the final assessments shall be at the final adjudication ~ of the issues presented unless proper steps shall be taken in a court of ? competent jurisdiction to secure relief within twenty (20) days from the adoption 8 of this Resolution. 9 SECTION FIVE. All assessments shall constitute a lien upon the property l0 so assessed from the date of confirmation of this Resolution of the same nature ~ and to the same extent as the lien for general county taxes falling due in the ~2 same year or years in which such assessments fall due, and any assessment not ~_~ paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in "--" ~4 the same manner as property taxes are collected. ~5 SECTION SIX. The Clerk is hereby directed to record this Resolution, not 16 including the attached Exhibit "A", in the Official Records of Collier County. A ]? recorded copy of this Resolution and the attached Exhibit "A" shall be maintained ~8 on file in the office of the Clerk to the Board, Minutes and Records. ~9 SECTION SEVEN. This Resolution shall become effective immediately 2o upon its passage. 21 This Resolution adopted this __ day of , 1999, after motion, 22 second and majority vote. 24 ATTEST: BOARD OF COUNTY COMMISSIONERS _~_~ DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 26 27 BY: 2~ PAMELA S. MAC'KIE, CHAIRWOMAN J0 Approved as to form and legal ~ ~ sufficiency: 34david c. Weigei-' , 35 County Attorney I 36 I SEP 1 -1999 4 APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On December 19, 1995 the Board of County Commissioners ,..-.. approved an ordinance amending Collier County Ordinance 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment roll (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non-ad valorem assessments) up to $130 per year for each Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessments on the tax bills. FISCAL IMPACT: Based on $112.26 per equivalent residential unit, a total of $428,800 is expected to be received in the Solid Waste Mandatory Fund for District 2. GROVVTH MANAGEMENT IMPACT: NA AGENDA ITEM No. 1'7'~ SEP 1999 Pg._,, t RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to~llier County Ordinance 90-30, as amended. Teresa A. Riesen, Revenue Manager Department of Revenue Job,n ~,. Yonkosk~ Director? DePa~ent of Revenue- Leo Ochs, Jr., Administrator Support Services Division TAR:pc F:\Exsum\Dist 2 Approving Asses roll 1 RESOLUTION NO. 99- 2 3 A RESOLUTION APPROVING THE PRELIMINARY 4 ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL 5 AND ADOPTING SAME AS THE NON-AD VALOREM 6 ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE 7 UNIFORM METHOD OF COLLECTION PURSUANT TO 8 SECTION 197.3632, FLORIDA STATUTES, FOR SOLID 9 WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT ~0 UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN ~l RESIDENTIAL PROPERTIES WITHIN THE ~2 UNINCORPORATED AREA OF COLLIER COUNTY 13 PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, 14 AS AMENDED ~? Is WHEREAS, the Board of County Commissioners of Collier County, l~ Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance _~r~ No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the 21 unincorporated area of Collier County for the purpose of providing and regulating 2: Solid Waste Collection and Disposal Services; and 23 WHEREAS, the County intends to finance the Solid Waste Collection and 24 Disposal Services through the levy of special assessments (non-ad valorem 25 assessments) against residential units as defined in Collier County Ordinance 26 No. 90-30, as amended, that are benefited by the solid waste collection and 2'7 disposal services. Said properties are located within the boundaries of Solid 2s Waste District No. 2 Municipal Service Benefit Unit as described herein and in 29 Collier County Ordinance No. 90-30, as amended; and ~0 WHEREAS, Section 197.3632, Florida Statutes, requires that a public _~l hearing be held to adopt a non ad-valorem assessment roll for purposes of .~2 utilizing the uniform method of collection, and 33 WHEREAS, said public hearing was duly advertised and regularly held at 34 the Board of County Commissioners' Boardroom, Third Floor, Administration 35 Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on AGE NOA IT£M 36 September 14, 1999. I~o,~ SEP 1999 pg. I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 1999/00 is $112.26 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit "A". The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1't of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct pr°p°rti°n t° the special and p°sitive benefits t° be receivt by the properties listed in the preliminary assessment roll (non.ad valorel SEp 1.~t,1999 i 2 I assessment roll) on file with Clerk to the Board, Minutes and Records and are 2 located within the Solid Waste District No. 2 Municipal Service Benefit Unit which 3 is more particularly described as follows: 4 LEGAL FOR DISTRICT TVVO 5 Beginning at the northwest corner of Township 47 South, 6 Range 27 East, Collier County, Florida; thence east along the Collier- 7 Lee county line also the township line to the northeast corner of 8 Township 47 South, Range 27 East; thence north along the Collier- 9 Lee county line also the range line to the northwest corner of 10 Township 46 South, Range 28 East; thence east along the Collier- I1 Hendry county line also the township line for Townships 45 and 46 12 South to the northeast corner of Township 46 South, Range 30 East; 13 thence south along the Collier-Hendry county line also the range line 14 of Ranges 30 and 31 East to the southeast corner of Township 49 15 South, Range 30 East; thence west along the township line for 16 Townships 49 and 50 South to the southwest corner to Section 34, 17 Township 49 South, Range 28 East; thence north along the section 18 lines to the northwest corner of Section 27, Township 47 South, Range 19 28 East; thence west along the section lines to the southeast corner of 20 Section 24, Township 47 South, Range 27 East; thence south along 21 the range line for Ranges 27 and 28 East to the southeast corner of 22 Section 1, Township 48 South, Range 27 East; thence west along the 23 sections lines to the southeast corner of Section 5, Township 48 South, 24 Range 27 East; thence south along the section lines to the southeast 25 corner of Section 20, Township 48 South, Range 27 East; thence west 26 along the section lines to the southwest corner of Section 19, 27 Township 48 South, Range 27 East; thence north along the range 28 lines for Ranges 26 and 27 East to the northwest corner of Township 29 47 South, Range 27 East, being the Point of Beginning. 30 31 32 SECTION THREE. Upon adoption of this Resolution all the special 33 assessments (non-ad valorem assessments) and all special assessments in 34 subsequent years for Solid Waste Collection and Disposal Services within Solid 3.s Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant to 3~ Section 197.3632, Florida Statutes, or any successor statutes authorizing the 37 collection of such non-ad valorem assessments on the same bill as ad valorem 38 taxes shall be billed. 39 SECTION FOUR. The assessments shall be final and conclusive as to 4o each lot or parcel assessed and any objections against the making of any 4~ assessable improvements not so made shall be considered as waived, and if any 4_~ objection shall be made and overruled or shall not be sustained, the adoption of 4~ this Resolution approving the final assessments shall be at the final adjudicati°F 44 of the issues presented unless proper steps shall be taken in a court 3 I competent jurisdiction to secure relief within twenty (20) days from the adoption _~ of this Resolution. ~ SECTION FIVE. All assessments shall constitute a lien upon the property 4 so assessed from the date of confirmation of this Resolution of the same nature 5 and to the same extent as the lien for general county taxes falling due in the 6 same year or years in which such assessments fall due, and any assessment not ? paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in 8 the same manner as property taxes are collected. g SECTION SIX. The Clerk is hereby directed to record this Resolution, not ~0 including the attached Exhibit "A", in the Official Records of Collier County. A 1 ~ recorded copy of this Resolution and the attached Exhibit "A" shall be maintained ~: on file in the office of the Clerk to the Board, Minutes and Records. 13 SECTION SEVEN. This Resolution shall become effective immediately 14 upon its passage. 15 This Resolution adopted this __ day of , 1999, after motion, 16 second and majority vote. ~8 Al-rEST: BOARD OF COUNTY COMMISSIONERS lg DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 20 21 BY: 22 PAMELA S. MAC'KIE, CHAIRWOMAN 2~ 24 Approved as to form and legal 2.~ sufficiency: 27 .~' ~ 28 David C. Weigel v ~ 2g County Attorney S EP 1,: 1999 4 EXECUTIVE SUMMARY PETITION PUD-96-10(2), WILLIAM L. HOOVER, AICP, REPRESENTING THE REVEREND DAVID MALLORY, REQUESTING AN AMENDMENT FROM "A" RURAL AGRICULTURE AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD", BY INCREASING THE ACREAGE BY 10.3 ACRES FROM 68.8 ACRES TO 79.1 ACRES, FOR A MIXED-USE RESIDENTIAL AND RELIGIOUS DEVELOPMENT TO BE KNOWN AS THE FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS PUD, ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF CR- 951 AND THE LORD'S WAY, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 79.1 + ACRES. OBJECTIVE: The petitioner seeks to rezone the herein described land from "A" Rural Agricultural and "PUD" to "PUD" Planned Unit Development having the effect of increasing the acreage by 10.3 acres, adding 15 multifamily dwelling units, increasing building heights, reducing setbacks, providing a 500-foot height for a broadcast tower, and adding a cemetery as an accessory use. CONSIDERATIONS: The subject property is located approximately two and one-half miles south of Davis Blvd. at the intersection of the Lord's Way and CR-951. The petitioner is adding 10.3 acres of land located between the existing PUD and the Swamp Buggy Days PUD located to the east. The addition will allow the applicant to add 15 additional multi-family dwelling units, consolidate a smaller undeveloped parcel of land, and offer flexibility for placement of the proposed uses. The additional changes proposed by the amendment to the PUD include the following: 1. Increase the multifamily units from 42 to 57 dwelling units. 2. Reconfigure development tracts "A" through "E". 3. Increase the allowable height of the proposed church, auditorium, and adult living facility to 65 feet. 4. Permit residency of up to two (2) years within the TTRVC site to coincide with programs. 5. Reduce setbacks along the northern and eastern boundaries from 70 feet to 35 feet plus one foot for each foot of building height. 6. Add a cemetery as an accessory use. 7. Provide a 500-foot height for an FM radio broadcasting tower. When completed, the project master plan will provide a mixture of land uses for re Jgiou~.nOA community social services, and residential uses in five development tracts ("A"-' E") SEP 1 q 1999 79.1 acres. The PUD Document and Master Plan will also allow a number of uses including the following: I. An 1800 seat auditorium. 2. A 600 seat chapel. 3. A private school for 300 students (grades K-12 or college) 4. Child and adult care facilities for 450 people. 5. A 400 bed care unit facility. 6. A TTRVC with 120 travel trailers or park model homes. 7. An adult living facility for 400 group housing units. 8. Fifty-seven (57) multifamily dwelling units. 9. An FM radio broadcasting station, studio, and tower. 10. Preservation/natural area and recreation area. 11. Road improvements, including turn lanes and contribution to traffic signal if warranted. 12. Accessory uses including: cafeteria, infim~ary, library, used furniture and clothing distribution, bus/vehicle maintenance, offices and a cemetery. PUD Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed rezoning as outlined in the Analysis Section and as recommended here (see exhibits with Staff Report). The petition has also been reviewed by the appropriate staff responsible for oversight related to the referenced areas of concern. This included reviews for environmental, transportation, and traffic impacts. Staff recommendations are included in the development commitments sections of the PUD Document, which also incorporates stipulations made by the Environmental Advisory Committee (EAC). Analysis for consistency with applicable elements of the GMP shows that the petition if approved will be consistent with the elements of the GMP. FISCAL IMPACT: Because of the potential for a wide range of uses, and the religious and community facilities and programs that are proposed, the fiscal impact for this project is more difficult to estimate than for a typical residential or nonresidential project. Even so, the predominant authorized uses and planned intensity of development can be used to give a picture of the fiscal impacts. The following revenue is estimated at build out: Impact Fees Park Impact Fee: $578.00 per unit x 57 MF du's = $ 32,946.00 Library Impact Fee: $180.52 per unit x 57 MF du's = $10,289.64 nor:~Affr:.~ Fire Impact Fee: $0.15 per Sq. Ft. of residential bldg. area ~o./'~ U_~ SEP 1 1999 @ 650 (est) SF x 57 MF du's = $5,557.50 x 120 TTRV du's = 11,700.00 $0.30 per Sq. Ft. of non-residential bldg. area @ 20,000 SF for church (est) = 6,000.00 @ 3,000 SF for school = $ 900.00 School Impact Fee: $827.00 per unit x 57 MF du's = $ 47,139.00 1,234.00 x 120 units = 148,080.00 Road Impact Fee: $952.00 per unit x 57 MF du's = $ 54,264.00 845.0 x 10 acres TTRV du's -- 8,450.00 1,303.00 x 1,000 SF (20,000 SF) church = 26060.00 150.0 x 300 school students = 45,000.00 187.00 x 450 bed adult care = 84,150.00 Radon Impact Fee: $.005 per Sq. Ft. of bldg. area @ .005 x 57 x 650 = 185.25 ~ .005 x 71,100 other facilities (will be higher) =355.50 EMS Impact Fee: $2.00 per unit x 57 MF du's = $114.000 128.00 per 1,000 SF nursing care (est 68,100) = 8,716.80 43.00 per 1,000 SF of church = 860.00 46.00 per 1,000 SF of school = 138.00 Bldg. Code Adm.: $0.005 per Sq. Ft. of bldg. area @ .005 x 3,000 x 57 MF = 855.00 @ .005 x 20,000 = 100.00 @ .005 x 3,000 = 15.00 Micro Film Surcharge: $2.00 per unit or permit = 130.00 TOTAL EST. IMPACT FEES = $ 535,205.69+ The estimated total amount of impact fees collected at build out will be $ 535,205.69+. This is a very raw estimate based on current impact fees, proposed dwelling units, and non-residential structures. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements and, in this case, whether the particular use within this development is an exempt non-profit us~ At AC.,r_~A Ire.,,, SEP 1 q 1999 this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. But, at this time, staff has not developed a method by which to estimate the cost of a particular land development project. Such a model, in our opinion, would be misleading because there is no certain way to determine their value and the likelihood that not all of the authorized development will occur. Regardless of a lack of methodologies to determine all of the fiscal impacts of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed PUD will not cause County LOS to be exceeded. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed and found consistent with all provisions of the Growth Management Plan. Furthermore, development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 of the Collier County Land Development Code. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical/archaeological probability as designated on the official Collier County Probability Map. PLANNING COMMISSION RECOMMENDATION: At the August 19, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition PUD-96-10(2) to the Board of County Commissioners. There were no obi ections from the public. AGENDA ITEM 1 1999 PREPARED BY: PmNCI ~qEWED BY: ~~ff~~, mCP DATE C~NT PLUG M~AGER ROBERT J. MULHERE, AICP, DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition PUD-96-10(2), First Assembly Ministries Education and Rehabilitation Campus PUD. Tentatively scheduled for the September 14, 1999 BCC meeting. AGENDA ITEM SEP 1 ~ 1999 AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: MAY 16, 1999 RE: PETITION PUD-96-10(2), FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS OWNER/AGENT: Agent: Mr. William L. Hoover, AICP Hoover Planning 3785 Airport-Pulling Road, Suite B Naples, Florida 34105 Owner: Reverend David Mallory First Assembly of God Church 2132 Shadowlawn Drive Naples, Florida 34112 REQUESTED ACTION: This ~etition seeks to have the herein described land rezoned from its cun'ent classification of"PUD" and "A" Rural Agricultural to "PUD" Planned Unit Development having the effect of increasing the acreage by 10.3 acres and amending the PUD known as The First Assembly Ministries Education and Rehabilitation Campus. GEOGRAPHIC LOCATION: The property is located on the northeast comer of the intersection between CR-951 (Isle of Capri Road) and the Lord's Way in Sections 14, Township 50 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to increase the area of the project by 10.3 acres and to amend the development plan to include the following: "'-' 1. Increase the multifamily units from 42 to 57 dwelling units. , 2. Reconfigure development tracts "A" through "E". 3. Increase the allowable height of the proposed church, auditorium, and adult ivin~_.~ to 65 feet. SEP 1999 PROJECT LOOATION PETITIC ~P a6-10l~) 4. Permit residency of up to two (2) years within the TTRVC site. 5. Reduce setbacks along the northern and eastern boundaries from 70 feet to 35 feet plus one foot for each foot of building height. 6. Add a cemetery as an accessory use. 7. Provide height up to 500 feet for an FM radio broadcasting tower. When completed, the project master plan will provide a mixture of land uses for religious, community social services, and residential uses in five development tracts ("A"-"E") on 79.1 acres. The development plan will also provide the following: · ~ I. An 1800 seat auditorium. 2. A 600 seat chapel. 3. A private school for 300 students (grades K-12 or college) 4. Child and adult care facilities for 450 people. 5. A 400 bed care unit facility. 6. A TTRVC with 120 travel trailers or park model homes. 7. An adult living facility for 400 group housing units. 8. Fifty-seven (57) multifamily dwelling units. 9. An FM radio broadcasting station, studio, and tower. 10. Preservation/natural area and recreation area. 11. Road improvements, including turn lanes and contribution to traffic signal if warranted. 12. Accessory uses including: cafeteria, infirmary, library, used furniture and clothing distribution, bus/vehicle maintenance, offices and a cemetery. SURROUNDING LAND USE AND ZONING: Existing: The property is partially developed and cleared. The property zoned "PUD" is 68.8 acres in size. The area to be added is zoned "A" Rural Agricultural and is 10.3 acres in size. Surrounding: North - Undeveloped land zoned "A" Agricultural. East - Florida Sports Park known as the Swamp Buggy Days PUD. South - Undeveloped land zoned "A" Agricultural. West- To the west, across CR-951, is Naples Forest Country Club PUD (PUD-97- 16), approved in 1998. This property is currel~tly being developed. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is presently zoned as a mixed-me PUD allowing for 42 multifamily residential units and adult living facility, TTRVC, recreation, church programs, college and school, common areas, and a broadcast communications station and tower on 68.8 acres of land. The existing PUD was approved in 1996 and was deemed to be consistent with the Future Land Use El, A review of the consistency relationships of the proposed amendment with elements )f th..~~ Management Plan (GMP) is as follows: 2 SF-P { 1999 Future Land Use Element - The subject site is located within the Urban - Mixed Use District, Urban Residential Fringe Subdistrict as designated on the Future Land Use Map of the GMP. The Residential Fringe Subdistrict permits residential development at a maximum density of, .5 dwelling units per acre. The Subdistrict also permits a variety of community facilities such as churches and schools, communications facilities, recreation and open space, TTRVC, child care facilities, assisted living facilties, commercial convenience uses for residents subject to locational criteria, and other similar uses. The proposed density of the subject site would essentially remain the same. The petitioner requests that an additional 15 multifamily units be added which would increase the number of dwelling units fi:om 42 units to 57 total units on a total of 18 acres. This is an increase due to adding the 10.3 acres of property located on the east side of the existing PUD. The amended PUD will have the same 1.5 units per acre density as previously approved. The previously approved PUD also included the following uses and proposed densities: care unit facility for 400 persons at 26 units per acre on 15.4 acres; TTRVC for 120 travel trailers or park model lots at 12 lots per acre on 10 acres; and adult living facility for 400 units at 26 units per acre on 15.4 acres. This petition is deemed consistent with the FLUE density rating system as set forth in Policy 5.1 of the Future Land Use Element of the GMP. Traffic Circulation Element - The proposed amendment will add 10.3 acres which will increase the PUD size fi:om 68.8 acres to 79.1 acres. This amendment will increase the number of dwelling units fi:om 42 units to 57 units. There will be no other increases to the originally approved density/intensity of development. The proposed change will generate an additional 90 weekday trips over that originally estimated. Based on this data, the site generated traffic fi:om the proposed change will not exceed the significance test standard (5% of the LOS "C" design volume) on CR-951 after trip assignments are made. As a result, the proposed project will not lower the level of service below the adopted LOS "D" standard within the project's radius of development influence (RDI). It should be noted that the current traffic count for the four-lane segment of CR-951 fronting the proposed project is 21,397 PSDT and it is operating at a LOS of "B". This portion of the CR-951 arterial is not projected to be deficient within the next five years. Given this analysis, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Open Space Element - The proposed open space has not decreased. A required minimum of thirty percent open space shall be maintained as required by Section 2.6.20.3.5 of the Land DeVelopment Code. As a result, the proposed conservation and open space plan is consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. SEP 1 1999 HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside of any areas of historical and archaeoIogical probability as referenced on the official Collier County Probability Map, therefore, an Historical/Archaeological Survey and Assessment or waiver fi.om this requirement was required at the time of the existing PUD approvals. Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of concern. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition is scheduled to be presented to the Environmental Advisory Committee (EAC) prior to the scheduled CCPC hearing on this petition and any recommendations will be included in the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, whether it is positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code, thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". In addition, an appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship toxthe community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and ExistinR Land Uses: This provides for a discussion of the l~ ..lationshil~ of the proposed zoning action to the Future Land Use Element of the Growth Managemen PlannSg~A I~r. Ja applies specifically to Collier County's legal basis for land use plarming. Other considerati~ ~ns ~ SE? I 4 1999 include an assessment of adequacy of transportation infrasmacture, other infi'astmcture, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Land Use: The currently approved PUD was deemed compatible with adjacent land uses as discussed above. The proposed amendments will not create any new or substantial impacts to nearby and adjacent land uses. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is similarity of land use and the proposed development's relationship to adjacent land uses. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the existing PUD project. The proposed PUD Document includes the same land use as approved in the original PUD except the number of dwelling units will be increased at[er the 10.3 acres of land is added and a cemetery is proposed. The property is also surrounded by agricultural zoning and for the most part is undeveloped and heavily vegetated. The exception being the Florida Sports Park (Swamp Buggy Days PUD) which is located on the east side of the proposed PUD site. The Florida Sports Park has been operational since 1986 and was approved for an assoCm,ent of motorized racing events, fair ground site, rifle range, and recreational uses. Furthermore, the petitioner proposes to commit the proposed development to two phases with the most intensive uses to be located in the eastern area of the PUD and the least intensive and most aesthetic uses to be located in the more visible western and northern areas of the PUD. Consideration was also given to other proposed changes to the PUD which might affect land use, including: Part of the original Tract "E" has been combined with Tract "D" and both Tracts "D" and "E" have been reconfigured because it allows more flexibility in use of the area; a 500-foot height has been assigned to the church radio station broadcast tower and tower separation and buffering has been assigned by staff (50 percent of the tower height or collapse area as separation); and the minimum setback along the northern and eastern PUD boundaries has been reduced from 70 feet to 35 feet plus one foot for each foot of building height over 35 feet. All of these proposed changes should have little or no effect on the nearby abutting properties if developed as proposed. Additional consideration was also given to the TTRVC that was approved under the previous development plan. The applicant is now proposing a non-permanent residency not to exceed two years, which is due to the program nature of the project. A non-permanent residency is'required in Section 2.2.11.4.14 of the Collier County Land Development Code, but the length of time that constitutes what non-pe, manent residency is, is not defined. Staff believes that due the nature of the church programs and activities, the proposed two-year residency requirement does not constitute a permanent residency of a TTRVC and is not in conflict with Sat requirement; therefore, staff recommends approval of the TTRVC as proposed in the PUD Document. The PUD Document provisions also require that the TTRVC will utilize park model homes or more permanent type slructures and not cabins and, when used on a semi-permanent basis (i.e., up to 2 years), it shall be used only by persons enrolled in the church programs. Density - The Urban Residential Fringe Subdistrict permits residential development at a maximum density of 1.5 dwelling units per acre. The additional 10.3 acres of property will allow the applicant to increase the multifamily dwelling units by 15 units. The proposed increase of 15 mul[lt~ will not cause this development plan to exceed the allowable densities permitted in th~s ar,~.~ 5 1 1999 _ GMP. The proposed densities are deemed consistent with Policy 5.1 of the Future Land Use Element and the Urban Residential Fringe Subdistrict. Traffic - The primary vehicular access point is fi.om CR-951, a four lane divided highway, via The Lord's Way. In view of the adequate depth and sight distance on this road segment, the access point should operate with an acceptable level of safety and is subject to the Access Management Plan. Furthermore, the petitioner shall provide a certificate of Adequate Public Facilities at the time of any final Development Order. The GMP consistency review states that approval of this petition is consistent with policies of the Traffic Circulation Element (TCE), including policies 1.3, 5.1, 5.2 and 7.3 of the TCE. UtiliW Infi'astmcture - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Community Infi'astmcmre and Services - The subject property is readily accessible to a whole range of community infrastructure which is enhanced by its location between activity centers at Rattlesnake Hammock Road and CR-951 and at 1-75/Davis-Road/CR-951. Shopping centers, business offices and medical offices of various specialties, and schools are all within a short driving distance. Urban development is underway in the nearby area. The PUD will also include programs which will provide education, library services, and adult and child care for residents and the community participants in the programs to be offered. PUD Document and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in terms of format, general provisions, and development standards and commitments. The PUD Document contains Staff's recommendations and will make provision of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. In addition, sidewalks, paving, turn lanes, and preservation and recreation areas will also be provided. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-96- 10(2), The First Assembly Ministries Education and Rehabilitation Campus PUD Document and Master Plan as described by the ordinance of adoption and exhibits thereto. AGENDA PREPARED BY: [PAL PLANNER DATE CURREI~LANNING ~EkS/TION .VIEWED BY: '~, AICP, MANAGER DATE CURRENT PLANNING SECTION HERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition PUD-96-10(2) Staff Report for July 15, 1999 CCPC meeting. NOTE: This petition has been advertised for the August 3, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MIC~~'~RUET, C~ PUD-96-10(2)/STAFF REPORT/DJM e-~ I ~ 1999 FINDINGS FOR PUD PUD-96-10(2) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities, and services, which are currently available in this area. (ii) The subject property is served by a network of arterial roads, all within the urbanized area facilitating access to a variety of community services and facilities. Surrounding properties are mostly undeveloped, and compatible with the proposed use. (iii) The nearby residential developments are low density and are adequately buffered by CR-951. Abutting and nearby properties are developing with similar types of residential and non-residential uses making the proposed use compatible with the surrounding development. Con: (i) Existing residents often perceive a mixed use residential and commercial intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PI.rD document give insurance that all infiastructure will be developed and be consistent with County regulations. Any inadequacies that rec}uire supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. AGENDA ITEM Exhibit SEP 1 1999 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. .~ Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of umfied control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The subject site is located within the Urban - Mixed Use District, Urban Residential Fringe Subdistrict as designated on the Future Land Use Map of the GIMP. The Residential Fringe Subdistrict permits residential development at a maximum density of 1.5 dwelling units per acre. The Subdistrict also permits a variety of community facilities such as churches and schools, communications facilities, recreation and open space, TTRVC, child care facilities, commercial uses subject to-locational criteria, and other similar uses. Additionally, FLUE Policy 5.8 permits group housing in the Urban Designated Area. The proposed density of the subject site would essentially remain the same. The petitioner requests that an additional 15 multifamily units ~oe added which would increase l~om 42 units to 57 total units and which would have the same 1.5 units per acre density as previously proposed due to the addition of 10.3 acres of land. The proposed density is: care unit facility for 400 persons at 26 units per acre on 15.4 acres; TTRVC for 120 travel trailers or park model lots at 12 lots per acre on 10 acres; adult living facility for 400 units at 26 units per acre on 15.4 acres; and 57 multifamily units at 1.5 units per acre on 18 acres. This petition is deemed consistent with the FLUE density rating system as ~e~ Policy 5.1 of the Future Land Use Element of the GMP. no. /JTt/C~ .. SEP I 1999 Traffic Circulation Element - The proposed amendment will add 10.3 acres which will increase the PUD size from 68.8 acres to 79.1 acres. This amendment will increase the number of dwelling units from 42 units to 57 units. There will be no other increases to the originally approved density/intensity of development. The proposed change will generate an additional 90 weekday trips over that originally estimated. Based on this data, the site generated traffic fi'om the proposed change will not exceed the significance test standard (5% of the LOS "C" design volume) on CR-951 after trip assignments are made. As a result, the proposed project will not lower the level of service below the adopted LOS "D" standard within the project's radius of development influence (RDI). It should be noted that the current traffic count for the four-lane segment of CR-951 fronting the proposed project is 21,397 PSDT and it is operating at a LOS of"B". This portion of the CR-951 arterial is not projected to be deficient within the next five years. Given this analysis, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Open Space Element - The proposed open space has not decreased. A required minimum of thirty percent open space shall be maintained as required by Section 2.6.20.3.5 of the Land Development Code. As a result, the proposed conservation and open space plan is consistent with the Conservation and Open Space Elements of the GIMP. Other Applicable Element(s) These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to optimize internal land use relationships through open space separation thereby protecting sensitive areas and buffering uses both internally and externally. ~ Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. AaF.~A ~'r~ 3 S[F' 1 1999 5. The adequacy of usable op¢~ space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary 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. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The properties to the north and south of the subject PUD are undeveloped and could easily be developed. The Florida Sports Park abutting the east side of the subject PUD is already zoned PUD for active recreational use but the effect of both PUDs should not prevent the future expansion of other nearby properties. Con: None. Summary. Findine: Ability, as applied in this context, implies supporting irrfi-astmcture such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating fi:om urban development. This assessment is described at length in the staff report to the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desilrable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting pubfic purposes to a degree at least equivalent to Hteral application of such regulations. Pro/Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of thc which development standards, proposed for this PUD depart from developmenl that would be required for the most similar conventional zoning district. The de ~elopment SEP 1 1999 ... /'7 standards in this PUE are similar to those standards used for the particular housing structures, nonresidential structures and uses, and associated requirements. PUD FINDINGS FOR PUD-96-10(2)/DJM AGENDA ITEM s SEP 1 ~ 1999 REZONE FINDINGS PETITION PUD-96-10(2) Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall .show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within the Urban Residential Fringe Subdistrict that allows for the types of uses as proposed. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findines: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The uses permitted within this PUD are consistent with the currently approved uses. This petition is also consistent with Policy 5.1 of the FLUE to the GMP. 2. The existing land use pattern; Pro: A more detailed study is contained in the staff report. The subject property is undeveloped and contains exotic vegetation. Properties to the north and south are vacant lands zoned "A" Agricultural. The Florida Sports Park PUD abuts the subject property's east side. CR-951 borders the subject property's west side. Across CR-951 is the undeveloped Naples Forest Country Club PUD. Con: None Summary Findings: The subject property is currently undeveloped and is zoned "PUD". Surrounding properties are mostly undeveloped, and compatible with the proposed use. The nearby residential developments are low density and are adequately buffered by CR- 951. - Exhibit "B' no. -/~? (~) SEP 1 q 1999 Pg. /¢ The Florida Sports Park contains more intense and seasonal uses making the proposed use a good buffer between development across CR-951 and the Florida Sports Park. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: Approval of this PUD will not create an unrelated zoning district. The property is contiguous with other zoning classifications that essentially permit the same uses and is of sufficient size that will not result in an isolated district unrelated to adjacent and nearby districts. Con: Evaluation not applicable. Summa~ Findines: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its currently approved zoning which is consistent with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing ~" conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GIMP. Con: None. Summary Findings: The district boundaries are logically drawn and are consistent with the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Fuhn'e Land Use Element of the Growth Management Plan) is a positive one. Con: None. ~,-.-- Summary_ Findings: Consistent with the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro/Con: Evaluation not applicable. Summary, Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone th6 property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road (CR-951) thereby providing an access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. It also eliminates further need for additional access points on CR-951 due to use of the local access road The Lord's Way. (iii) The site generated trips will not reduce the level of service on any roadway segment within the projects RDI at build out. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. (ii) In the short mn construction traffic is necessary for development may be irritating to local residents. Summary Findinlts: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the 1GMP and was found consistent, and, when developed, will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e., turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. SEP I ~ 1999 3 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) None Summary 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 as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed development will conform to the approved PUD standards. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary, 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 designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the val~te of contiguous underutilized land. This project should have little negative impact on surrounding properties and most likely a positive impact on them. Con: None. Summary Findings: This is a subjective det~mination based upon anticipated results_ which may be internal or external to the subject property that can affect proptm; ~--~.2noA ixroa - Property valuation is affected, by a host of factors including zoning, however z mm~oy/fi,(~C~) 4 SEP I 1999 itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. Also, the PUD Document and Master Plan has made provision for buffering or transition of intensity of uses between parcel~ within the PUD and those adjacent to it. This arrangement coupled with the requirement to provide open space should provide reasonable insurance that a change in zoning will not result in a deterrence to improvement or development of adjacent residential 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. Summary Findings: The proposed PUD complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary_ Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Manag{,nnent. AOENDA ITEM 5 SEP 1 q 1999 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size, scale, density and intensity of use. Con: None Summar~ Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infi'astmcture and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property has been invaded by exotic vegetation; however, environmental impacts are minimal. Con: None Summary, Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development s~'ategy. 17. The impact of development on the availability of adequate public facffities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. AGENDA ITEM SEP I 1999 Summary Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GIMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS PUD-96-10(2)/DIM ? S~-? 1 ~ 1999 PETITION NUMBER P~ING SER~CES 1. Na~e of Applicant(s) Rev. David Mallory, First Assembly of God Church Applicant's Mailing Address 2132 Shadowlawn Drive City Naples State Florida Zip 34112 Applicant's Telephone Number: Res.: Bus.: 774-1165 Is the a~plicant the owner of the subject property? Yes No .... (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page.) 2. Name of Agent William L. Hoover Firm Hoover Planning Agents Mailing Address 3785 Airport Road, Suite B City Naples State Florida Zip 34105 Telephone Number: Res.: Bus.: 403J8899 ! AG~NDA~M SEP 1% 1999 First Assembly Ministries Education & Rehabilitation 3. PUD ORDINANCE NAME AND NUMBER: Campus 0rd.#96-86 ~. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE ~PPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 14 TOWNSHIP 50 RANGE 26 The Southern Half of the Northwest Quarter, less right-of-ways, of Section 14, Township 50S, Range 26E, Collier County, Florida. 5. Address or location of subject property The Northeast Corner of The Lord's Way and C.R. 951. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: XX A. PUD Document Language Amendment XX B. PUD Master Plan Amendment C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: XX Yes No If no, explain: ~ 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE - LAST YEAR? IF SO, IN WHOSE NAME? No PETITION $: DATE: AGENDA ITEM Rpr 02 9S 10:22m B. Hoover Lo~J ~u~ ~ ,-._ NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed PUD Rezoning & PUD Amendment of the First Assembly of God Education & Rehabilitation Campus PUD Located at the Northeast Comer of County Road 951 and The Lord's Way in Sec. 14, Twp. 50, Rng. 26, Collier County, Florida To Whom It May Concern: Please be advised that Boylan Environmental Consultants, Inc., 11000 Metro Pkwy, Suite 4, Fort Myers, Florida 33912; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 538 Ninth Ave. S., Naples, Florida 34102 have been engaged by the property owner shown below to act as authorized agents and to request necessary applications during the ElS Preparation and Review/PUD Rezoning/Amendment petition process/Site Development Plan review process for the subject project, The property owner also acknowledges to have unified control over all of the acreage within the proposed PUD. STATE OF FLORIDA COUNTY OF COLLIER The ]oreg.oing instrument was acknowledged before me this J--'J~'c day of ~/n..:/ ,1992 by ~ ~ ,.-,~ /"'[Z~,//~,. <..?~'lO-is~are-personally known~[~or have produced as identification and who did (did not) take an oath. Notary Public |l~?'il~'~ a~com4=m.~cc,a~4 I! Printed Name My Commission Expires: ' [/I '2/~'// AGENDA ITEM SEAL No.~/'?'~--5 SEP 1 1999 10. HAS ANY PORTION OF THE PUD BEEN No SOLD AND/OR No DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. XX No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSAkY). AFFIDAVIT ~, I. William Hoover. Owner's Agent being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. · ~o~xx~~t~x~h~i~i~x See attached agent authorization letter. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF OWNER' SIGNATURE OF AGENT State of Florida County of Collier qThe foregoing Application wa~ acknowledged ~fore me this day of drll' , 999' b ,Will oJ UWoov P , who i-~pe~sonally kndwn to me or who has produced ~ N~ as i~tification and/~ho/~id (did not) take an oath! / L ~ ~~- (~ature o~ ~t~r~ublic) N]DTARY PUBLIC · . ~ ~ JUNE M. ROBINSON Corem 1 s s 1on if a ~.:.'.*'*:**~- .'.,'.~_ Notary Public. State of-Fioride My Commission Expires: Jl~,'.,",.~.-:"J} MyCornm. Exp. Apr. ZB, 2000 PUD \ DO APPLICATION/md/412 8 AGar'IDA ITEM, 3 SEP 1 ~ 1999 p....2? ,, ! 2 ORDINANCE 99- 3 4 5 AN ORDINANCE AMENDING ORDINANCE 6 ,NUMBER 91-102, THE COLLIER COUNTY LAND 7 DEVELOPMENT CODE, WHICH INCLUDES THE 8 COMPREHENSIVE ZONING REGULATIONS FOR 9 THE UNINCORPORATED AREA OF COLLIER to COUNTY, FLORIDA, BY A_MENDING THE 11 OFFICIAL ZONING ATLAS MAP NUMBER 061314 12 BY CHANGING THE ZONING CLASSIFICATION OF 13 THE HEREIN DESCRIBED REAL PROPERTY FROM 14 "A' RURAL AGRICULTURAL AND "PUD" TO "PUD" 15 PLANNED UNIT DEVELOPMENT KNOWN AS THE 16 FIRST ASSEMBLY MINISTRIES EDUCATION AND 17 REHABILITATION CAMPUS PUD, FOR PROPERTY 18 LOCATED IN THE NORTHEAST CORNER OF THE 19 INTERSECTION BETWEEN C.R. 951 AND THE 2o LORDS WAY, IN SECTION 14, TOWNSHIP 50 21 SOUTH, RANGE 26 EAST, COLLIER COUNTY, 22 FLOR[DA, CONSISTING OF 79.1-4- ACRES; 23 PROVIDING FOR THE REPEAL OF ORDINANCE 24 NUMBER 96-58, AS AMENDED, THE FORMER 25 FIRST ASSEMBLY MINISTRIES EDUCATION & 26 REHABILITATION CAMPUS PUD; AND BY 27 PROVIDING AN EFFECTIVE DATE. 28 30 WHEREAS, William L. Hoover of Hoover Planning, representing Rev. David Mallory and the 31 First Assembly of God Church, petitioned the Board of County Commissioners to change the zoning 32 classification of the herein described real property; 33 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA; 35 36 The Zoning Classification of the hereto describod real property located in Section 14, Towngh_ip 37 50 South, Range 26 East, Collier County, Florida, is changed from "A' Rural Agricultural and "PUD" 38 to "PUD" Planned Unit Development in accordance with the PUD Document, attached her,~m as 39 Exhibit "A", which is incorporated her~m and by reference made part hereof. The Official Zoning 40 Atlas Map number 061314, as described in Ordinance Number 91-102, the Collier County Land 41 Development Code, are hereby amended accordingly. 42 43 Ordinallce Number 96-58, as amended, known as the First Asso'nbly Ministri~ Education & ,*4 Rehabilitation Campus PUD, adopted on October 8, 1996 by the Board of County Commi~,fion~r~ of 45 Collier County, is hereby repealed in its entirety. AGENDA ITEM SEP 1 q 1999 _ ! 3 This Ordinance shall become effective upon filing with the Department of State. 4 5 PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier County, 6 Florida, this __ day of ,1999. 8 ATTEST: BOARD OF COUNTY COMMISSIONERS 9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 10 11 12 13 BY: 14 PAMELA S. MAC'KIE, Chairwoman 15 16 Approved as to Form and 17 Legal Sufficiency 18 19 20 21 Marjorie M. Student 22 Assistant County Attorney 23 24 25 ~/~n~Vsu~PUD-964 0~2 yORDINANC E/ -2- SEP 1 1999 HIST LSSEBBtT BIIISTBIES I RIEmEB IE. IEIBIFIEE PREPARED FOR: REV. DAVID MALLORY FIRST ASSEMBLY OF GOD CHURCH 2132 SHADOWLAWN DRIVE NAPLES, FLORIDA 34112 PREPARED BY: WILLIAM HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 and BEAU KEENE, P.E. KEENE ENGINEERING 538 NINTH AVENUE SOUTH NAPLES, FLORIDA 34102 DATE FILE April 7, 1999 DATE REVISED Auaust 19, 1999 DATE REVIEWED BY CCPC August 19, 1999 DATE APPROVED BY BCC ORDINANCE NUMBER AGE. N~A ITEM ~XH~ ,,~,, SF? I ~ 1999 TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III CAMPUS AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 16 SECTION V DEVELOPMENT COMMITMENTS 17 AGENDA ITEM SIP 1 ~ 1999 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT B PUD WATER MANAGEMENT PLAN EXHIBIT C TYPICAL INTERNAL ROAD SECTION FOR TTRVC LOTS AGENDA ITEId ii ~o.~/ ??'-C ). SEP 1 ~ 1999 STATEMENT OF COMPLIANCE The development of approximately 79.1 acres of property in Collier County, as a Planned Unit Development to be known as the First Assembly Ministries Education and Rehabilitation Campus PUD will be in compliance with the planning goals and objecaves of Collier County as set forth in the Collier County Growth Management Plan. The community facilities of the First Assembly Ministries Education and Rehabilitation Campus PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: ~ 1. The subject property is designated as Urban Residential Fringe on the Future Land Use Map of the Collier County Growth Management Plan, which permits the proposed land uses. 2. The subject property is located at the northeast comer of the intersection between C.R. 951 and The Lord's Way. This strategic location allows the site superior access for the location of land uses for community and residential facilities, as permitted by the Future Land Use Element. 3. This proposed rezoning is in the form of a Planned Unit Development as required by the Urban Residential Fdnge Subdistfict. 4. The proposed project will be responsible for all its necessary water management improvements, including the routing of all appropriate water through the project's water management system, as required by the Urban Residential Fringe Subdistrict. 5. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. Group Housing, which includes care units and adult living facilities, is permitted in the Urban Designated Areas per Policy 5.8 of the Future Land Use Element. 7. Travel Trailer Recreational Vehicle Parks are permitted within this Urban Designated Area, since the project has direct access to an artedal roadway (C.R. 951) and is compatible with surrounding land uses, as required in the description of the Urban Designated Areas in the Future Land Use Element. 8. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 9. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. AC.~.NDA ITEM "' , SEP 1 ~ 1999 Pg. ,,~5 10. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 11. The density of the TTRVC, care unit facility, and adult living facility shall be guided by the Land Development Code while the proposed 57 dwelling units and density of 1.5 dwelling units per acre for the multi-family units is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Maximum Permitted Density: Maximum Allowable Acreage Maximum Density Maximum Units Land Use 10.0 12.0 Units Per Acre 120 Campsites TTRVC Park 15.5 * 400 Rooms Adult Living Facility 15.5 * 400 Beds Care Unit Facility 38.1 1.5 Units Per Acre 57 Units Multi-Family 79.1 Total Acreage · Development standards and density are subject to Section 2.6.26 of the Land Development Code. Maximum allowable acreage and the number of units will not be exceeded. Residential density shall apply only to residential development tracts and not to tracts developed for non-residential purposes as required by Section 2.2.20.3.1 of the Land Development Code. AGENDA ITEM 1999 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the'~project name of First Assembly Ministries Education and Rehabilitation Campus PUD. 1.2 LEGAL DESCRIPTION The subject property being 79.1+ acres, and located in Section 14, Township 50 South, and Range 26 East, is described as: The Southern half of the Northwest Quarter, less right-of-way, of Section 14, Township 50S, Range 26E, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by the First Assembly of God Chumh, 2132 Shadowlawn Drive, Naples, Florida 34112. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast comer of the intersection between County Road 951 and The Lord's Way (unincorporated Collier County), Florida. B. The property is currently vacant. The entire project site currently has PUD Zoning, except for the eastern 10.3-acre parcel being added and the 8.64 acres closest to the intersection of County Road 951 and The Lord's Way which is zoned United Methodist Church 951 PUD (PUD 93-3) and approved for a 20,000 square foot church. The entire project is proposed to be rezoned to a new PUD with the same name. 1.5 PHYSICAL DESCRIPTION The elevation of the property is approximately 10' NGVD based on the USGS Belle Meade 7.5-Minute Quadrangle Map. The site is within Flood Zone 'X" per Flood Insurance Rate Map (FEMA FIRM Panel #120067-0610-D date June 3, 1986). AGEJ~:)A ITEM SEP 1 z~ 1999 The predominate soil type of the site is ~49-Hallandale and Boca Fine Sand according to the current Collier County Soil Maps. There is also an area in the Northwest corner of the site identified as #14 - Pineda Fine Sand, Limestone Substratum. The site vegetation is primarily hydric pine flatwoods with an area of cypress in the northwest comer of the property. The majority of the site has been heavily invaded with malaleuca trees; eradication of this exotic species onsite is underway as of the date of application of the PUD rezone package. 1.6 PROJECT DESCRIPTION The First Assembly Ministries Education and Rehabilitation Campus PUD will include a mixture of land uses for religious, community social services, and residential uses in a campus-type setting. This wide mixture of land uses is also intended to provide some services on-site, which will provide convenience for the many non-mobile residents and minimize traffic generation from the campus. The key facilities at build-out will include a maximum of: an auditorium for predominantly church use with 1800 seats, a chapel with 600 seats, a pdvate school for 300 students in grades kindergarten through high school or Bible college, a child/adult care facility for 450 children/adults, a care unit facility with 400 beds, TTRVC for 120 travel trailer or park model lots, an adult living facility for 400 group housing units, and 57 multi-family units. If not all of the 120 lots within the TTRVC or all of the 400 units of the adult living facility are constructed, those unused units would be replaced with multi-family units at a density of 1.5 units/acre. Some of the more visible accessory uses for residents and students include: numerous inside and outside recreational facilities, cafeterias, infirmary for residents and students, printing shop, a radio/television broadcasting studio, a 500-foot high radio/television tower, library, collection and distribution of used clothing and furniture, hair salon, labor pool for the on-site homeless, bus/vehicle maintenance garage, cemetery, and facilities management offices. The First Assembly Ministries Education and Rehabilitation Campus PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. Furthermore, a similar architectural theme will be maintained throughout the campus for all structures and signage, as described in Section 4.8B of this PUD Document. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. AGENDA I'I~F.M SEP 1 1999 1.7 PHASING PLAN The project is in(ended to be developed in 2 major phases with the first phase being initiated in 1999 At this time, Phase I is intended to be constructed for the following described uses: a care unit facility for 400 persons, TTRVC park for up to 120 units, children's weekly summer camp, 57 apartments, church with a chapel of 600 seats, adult living facility for up to 120 units, child/adult care for 225 children/adults, and a private school for 150 students. All of these principal use facilities may not be initially constructed to their limits, but would likely be constructed in several minor phases within Phase I. Phase II is planned at this time for the following: expansion of the child/adult care facility to 450 children/adults, expanding the adult living facility to 400 units, expanding the school to 300 students, and adding an auditorium that would seat 1800 persons beyond the 600 seats provided in the church chapel. Phase II would likely be initiated in three to four years with completion of the principal facilities by approximately the year 2003. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "First Assembly Ministries Education and Rehabilitation Campus Planned Unit Development Ordinance". AGENDA ITEM SEP 1 ~ 1999 SECTION II PROJECT DEVELOPMENT REQUIRF_MENT$ 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. ~ 2.2 GENERAL A. Regulations for development of the First Assembly Ministries Education and Rehabilitation Campus PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed 'and graphic material presented depicting restrictions for the development of the First Assembly Ministries Education and Rehabilitation Campus PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. .o. 6 SEP 1 ~ 1999 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illusflated graphically by Exhibit "A", PUD Master Plan. B. Areas iljustrated as lakes on Exhibit 'A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow depressions for water detention purposes. Such areas, lakes and dry areas shall be of the same general configuration and contain the same general acreage as shown by Exhibit 'A'. Minor modification to all areas, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit' or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen matedal and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration-of fill activities on those buildable portions of the project AGENDA ITEId SEP 1 ~ 1999 pg. /7/'/ site are such that there is a surplus of earthen mated,al, then its off-site disposal is also hereby permitted subject to the following conditions: 1. Excavation activities shall comply with the definition of a 'development excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total calculated excavated volume to a maximum of 20,000 cubic yards. 2. AJI other provisions of Division 3.5 Excavation of the Land Development Code are applicable. ~ AGENDA ITEM SEP 1 ~ 1999 SECTION III CAMPUS AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Tracts A, B, C, and D of the site as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM PERMITTED DENSITY/INTENSITY Development on the project shall not exceed the following limits: a multi- purpose auditorium with 1800 seats, chapel with 600 seats, private kindergarten through high school or Bible college for 300 students, child/adult, care for 450 children/adults, care unit facility for 400 persons on 15.4 acres, TTRVC for 120 travel trailer or park model lots only (at 12 lots/acre on 10 acres), adult living facility of 400 units on 15.4 acres, and 57 multi-family units (1.5 units/acre on 38.3 acres). If not all of the 120 lots within the TTRVC or all of the 400 units of the adult living facility are constructed, those units may be replaced with multi- family units at a density of 1.5 units/acre. 3.3 GENERAL DESCRIPTION The PUD Master Plan has been designed to provide religious services, educational and rehabilitation social services, and residential homes within a Christian campus atmosphere. Generally the more aesthetic and least intensive . land uses have been planned for the western half of the site. The 79.1+ acre site is located at the northeast comer of the intersection between County Road 951 and The Lord's Way. 3.4 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used~ or land used, in whole or part, for other than shown below. Following the permitted use in parenthesis is the designated Tract(s) on the PUD Master Plan where such use is permitted. Accessory uses, shall be of such nature to serve the principal uses, on-site residents, and campus visitors directly associated with the principal uses. ^. Permitted Principal Uses and Structures: 1. Church. (Tracts ^, B, C, and D) 2. Private school (kindergarten through high school or religious Bible college) (Tracts A, B, C, and D). ^Grd~^ ~.~ ' SEP 1 ~ 1999 3. Child cam/adult day care center (Tracts A, B, C and D), 4. Care unit facility (Tracts A and B), subject to Section 2.6.26 of the Land Development Code. 5. Multi-Family units (Tracts A, B, C and D). 6. Travel Trailer Recreation Vehicle Campground (residents must be directly ~nvolved with the campus facilities and no tent campsites permitted)(Tmcts A and B). 7. Adult living facility/nursing home (Tracts A and B), subject to Section 2.6.26 of the Land Development Code. B. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document (Tracts A, B, C, and D). 2. Guard house/campus security office (Tracts A, B, C, and D). -- 3. Cafeteria (shall be an integral part of a principal use for on-site residents and visitors utilizing permitted principal uses on the campus only) (Tracts A, B, and C). 4. Labor Pool (for on-site care unit residents only) (Tract A). 5. Library (Tracts A, B and C). 6. Collection and distribution of used clothing and furniture (within the care unit or facilities management building only) (Tract A). 7. Infirmary (shall be an integral part of a principal use for on-site residents and students only) (Tracts A, B and C). 8. Vehicle maintenance garage (to service vehicles providing campus bus and van transit only and to provide classes on vehicle maintenance) (Tract A). 9. Overnight bus parking (for campus buses only or for buses whose passengers are utilizing permitted principal uses on the campus) (Tract A). 10. Daytime bus parking (for campus buses only or for buses whose passengers are utilizing permitted principal uses on the c~ mpuliil~JqOA ITEM 10 SEP 1 1999 Permitted in Tracts A, B, C, and D, with a minimum setback of fifty (50) feet from PUD boundaries and from the C.R. 951 Canal. 11. Printing shop (to serve permitted principal uses on the campus only) (Tracts A, B and C). 12. Recreational and church camp/youth ranch (Tracts C, and D). 13. Radio and television tower (a 500-foot guyed-tower (Tracts A, B, and that~portion of D located east of the F.P.L. Easement). 14. Radio/television broadcasting studio (Tracts A, B and C). 15. Facilities management office (Tracts A, B and C). 16. Counseling center (Tracts A, B and C). 17. Conference/convention facilities (must be in nature with the. campus religious, educational or recreational facilities) (Tracts A, B, C and D). 18. Hair salon (within the care unit, and facilities management building and adult living facilities only) (Tracts A and B). 19. Recreational facilities, including but not limited to: gymnasiums, football fields, baseball fields, soccer fields, basketball courts, swimming pools, tennis courts, shuffle board courts, waterways for canoeing, gazebo, boat/fishing docks, boardwalks, home/pony /llama stables and children's petting zoo (Tracts A, B, C, and D). 20. Carports/garages (Tracts A, B, C and D). 21. Cemetery (Tracts A, B and D). 22. Any other accessory uses and structures deemed comparable in nature by the Development Services Director. 3.5 DEVELOPMENT STANDARDS A. Minimum Yards: (1) Principal structures: (a) Yards Along C.R. 951- One hundred (100) feet. AGENDA ITEM 1] SEP 1 ~ 1999 ~'~ (b) Yards Along The Lord's Way - Thirty-five (35) feet plus one (1) foot for each foot of building height over thirty-five (35) feet. (c) Yards Along the Northern and Eastern PUD Boundaries - Thirty-five (35) feet plus one (1) foot for each foot of building height over thirty-five (35) feet. (d) Side Yards Between Two (2) Tracts Within the PUD - None, as long as the minimum building separation requirements are met as described in Section 3.5B. of this PUD Document. (e) Yards from the internal paved vehicular use areas - Ten (10) feet unless attached to carports, garages or porticos. (f) The radio/television tower will be separated from all property boundaries by a minimum distance of fifty percent (50%) of the tower height or certified fall zone radius, whichever is greatest.. ---- (2) Accessory Structures: (a) Yards Along C.R. 951- Fifty (50) feet, except for fishing docks which have no setback requirements. (b) Yards Along The Lord's Way - Twenty-five (25) feet. (c) Yards Along the Northern and Eastern PUD Boundaries - Twenty-five (25) feet except ten (10) feet for guy-wire anchors. (d) Side Yards Between Two (2) Tracts Within the PUD - None. (e) Carports, garages and porticos are permitted within parking areas. B. Distance Between Principal Structures: (1) Fifteen (15) feet or one-half (112) the sum of their heights, whichever is greater, unless the sffuctures are attached. AGENDA ITEM SEP 1 ~ 1999 (2) The radio/television tower shall be separated a minimum of its fall- zone radius from any residential structures housing residents on a permanent basis. No guyed wires shall be permitted over any residential structures housing residents on a permanent basis. C. Minimum Building/Unit Size: (1) Care unit facilities shall be a minimum of fifteen hundred (1500) square,~'cct plus one hundred fifty (150) square feet per live-in person, beginning with the seventh (7th) live-in person. (2) Guardhouses, storage facilities, and other accessory structures shall not have to meet a minimum size requirement. (3) Care unit facilities shall be designed not to exceed a floor area ratio (FAR) of 0.45, as specified in Section 2.6.26 of the Land Development Code. (4) Child care centers/adult day care centers shall meet all applicable development standards of the Land Development Code. D. Maximum Hei.qht: (1) Church, adult living facility, and care unit facility shall be limited to sixty-five (65) feet. (2) All other buildings shall be limited to forty (40) feet. E. Travel Trailer Recreational Vehicle Campground Requirements: The campgrounds, of an approximate 10 acres overall park size, shall meet all the TTRVC requirements described in Section 2.2.11 of the Land Development Code, unless specified differently within this PUD Document. The TTRVC park may be operated throughout the year, at the discretion of the property owner, but permanent residency shall not be permitted. TTRVC residents shall not occupy the same site more than six (6) consecutive months unless the residents are directly affiliated with an on-site religious or social program. TTRVC residents directly affiliated with an on-site religious or social program shall not occupy the same site more than twenty-four (24) consecutive months except for volunteer and paid staff. Accessory camping cabins are not permitted. Ail lots must be at least 2,800 square feet in size and utilized for travel trailer/park model lots only, and all lots shall permanently remain rental lots (not subdivided and sold). An annual report showing TTRVC residency AGENDA IT~ SEP 1 zl 1999 submitted with the annually required PUD Monitoring report. Such TTRVC annual report shall show the following for each TTRVC site: name(s) of residents, residents' affiliation with any on-site programs and the length of such programs, status as volunteer or paid staff, and dates residents moved-in and moved-out. F. Off-Street ParkinR and Loadin,q Requirements: (1) Based on the requirements, that the campus be designed to promote residents and visitors to travel on-site as pedestrians or bicyclists and the campus management to provide bus/van transit for residents to the on-site Sunday church services and everyday convenient bus/van transit to off-site key traffic attractions, the parking for the following uses shall be as shown below: (a) Parking for the care-unit facility shall be one (1) space for each six (6) beds. (b) Parking for the church chapel and auditorium shall be one (1) space per four seats in the chapel or assembly area. ~-~ (c) Parking for the vehicle and general maintenance building shall be one (1) space per seven hundred fifty (750) square feet. (d) Parking shall not be required for the on-site accessory recreational uses. (e) The Development Services Director may administratively approve joint parking in Tract C between the church and private school and/or child/adult care facility, similar to that described in Section 2.3.5.4 of the Land Development Code, where the applicant can demonstrate that the parking supply will suffice for all of the proposed uses at all times in Tract C. The credit for this joint parking shall not exceed fifty (50) percent of the required parking for the private school and/or child/adult care facility. (2) All other land uses shall meet the standards of Division 2.3 of the Land Development Code in effect at the time of building permit application. G. Open Space Requirements: -- A~A ITEId SIP 1 ~ 1999 A minimum of thirty (30) percent open space of the gross area for the entire PUD shall be devoted to open space, as described in Section 2.2.20.3.5 of the Land Development Code. The petitioner shall submit data at the time of each Site Development Plan application demonstrating that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD totals a minimum of thirty (30) percent open space. H. Buffedng Requirements: (1) A twenty (20) foot wide Type 'D' Buffer shall be provided along County Road 951, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide Type 'D' Buffer shall be provided along The Lord's Way with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (3) A fifteen (15) foot wide Type 'B" Buffer shall be provided along the eastern and northern PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (4) Buffedng between intemal parcels of the campus shall not be required so as to encourage on-site pedestrian and bicycle traffic. (5) Buffedng and landscaping shall be provided around the perimeter of the tower and anchors, per Section 2.6.35 of the Land Development Code. I. Si,qns (1) As described in Section 2.5.5.2.4.1 of the Collier County Land Development Code the entire project shall be limited to one (1) pole or ground sign, with a maximum sign area of one hundred (100) square feet, a minimum fifteen (15) foot setback from all rights-of-way and easements, maximum height of twenty (20) feet, and with changeable copy permitted. (2) Signage shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. AGENDA ITE SEP 1 q 1999 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shm~n on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, nature trails and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. AGE. H~A ITEId SEP 1 ~ 1999 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. ~ 5.2 GENERAL All facilities shall be constnJcted in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is subject to the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, ad may be amended from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 17 NO. ~/~75C) SEP I ~ 1999 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitodn¢~ Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a storm event of 3- day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. Use of grassed surface with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles serving required parking spaces shall be paved. F. Prior to Final SDP approval a Big Cypress Basin (SFWMD) Right-of-way Permit, to allow discharge into the C.R. 951 Canal, shall be submitted. 5.6 UTILITIES A. Water distribution, sewage collection and transmission, and intedm water and sewage treatment facilities to service the project are to be designed, AGENDA ITEM SEP 1 ~ 1999 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amem,~=d, and other applicable County rules and regulations. 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 in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to service the project until the County's off-site water and/or sewer facilities are able to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense shall install and operate interim water supply and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer his assigns or successors, regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. D. If an interim on-site water supply, treatment and transmission facility is utilized to service the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a flowrate approved by the appropriate fire control district serving the project area. E. Public Service Commission Territories: Prior to approval-of the construction documents by the County, the Developer must present verification that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. 5.7 TRAFFIC A. Improvements to The Lord's Way shall be detailed at the Site Development Plan stage. Paving and drainage requirements will be as required by Appendix B of the Collier County Land Development Code for A'~A I'~ SEP 1 ~ 1999 a collector street within a sixty (6n) foot right-of-way. Improvements to the C.R. 951 Canal crossing may be required during permitting with the Big Cypress Basin and shall be in conformance with the requirements of the Big Cypress Basin Board. At a minimum, the roadway crossing shall be upgraded to at least 36 feet of pavement to accommodate two way traffic as well as a left turn lane. Guardrails shall be provided if the culvert end walls are coincident with the edge of the shoulders. The actual design shall be reviewed by the Collier County Transportation Services Department prior to final approval. B. The Developer shall provide a right turn lane and a left tum lane at the The Lord's WaylCR-951 intersection prior to the issuance of any Certificates of Occupancy. Ordinance 93-64 (Section IIl.A.l.b.(1) sets forth the requirements for this left rum lane. C. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the CR-951 access location when deemed warranted by the County. Prior to making this determination, the petitioner shall provide a traffic signal warrant analysis prepared by a Professional Engineer familiar with the warrant analysis procedure. Such study shall be signed and sealed by the professional engineer preparing it. This Department reserves the right to review and advise the Board of County Commissioners as to whether or not any such signal is warranted. The signal will be owned, operated, and maintained by Collier County. D. The Developer shall provide arterial level street lighting at the project . access points onto The Lord's Way and at The Lord's Way's access onto C.R. 951 prior to the issuance of any Certificates of Occupancy. E. Road impact fees shall be as-provided in the schedule contained in Division 4.1 of the Collier County Land Development Code, as may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners (BCC). F. Access improvements shall not be subject to impact fee credits, and excluding traffic signals, shall be in place prior to the issuance of any certificates of occupancy. A full median opening at the intersection of C.R. 951 and The Lord's Way is consistent with the location criteria of the County's Access Management Policy. However, there shall be no right vested in this development toward the preservation of that median opening. Any such median opening should be the subject of an application for a Work Within The Right-of-Way Permit and shall meet all of the requirements of the Access Management Plan. The County ~GENDA ITEM 20 .~// SEP 14 1999 pg. reserves the right to modify any median opening if, in the County's opinion, an operational or safety hazard becomes evident. G. All traffic control devices, excluding street name signs, shall conform with the Manual of Uniform Traffic Control Devices. 5.8 PLANNING ^. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if dudng the course of site clearing, excavation or other construction activity an histodc or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. Ail buildings, signage, landscaping and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. C. The care unit facility may be eligible for impact fee waivers or deferrals with approval of the Board of Collier County Commissioners. D. The church or school shall be made available to the Supervisor of Elections for a poll site. E. Residential density shall apply only to development tracts being developed as residential and not to tracts developed for non-residential purposes, per Section 2.2.20.3.1 of the Land Development Code. 5.9 ENVIRONMENTAL A. This PUD shall be in compliance with the Collier County Land Development Code and the Growth Management Plan Conservation and Coastal Management Element in effect at the time of final development order approval. B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis in the conservation/preservation areas, SEP I 1999 "-' shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. C. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation alone, shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. D. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Permit rules and be subject to review and approval by Current Planning Environmental Staff. E. Petitioner shall minimize the effects of the tower on wildlife in conformance with F.A.A. regulations. EXHIBIT " PUD MASTER P~nN ' ~" ' ~ ° FF{ST ASSEMBLY MINISTRIES ----'~----- ~~ ~~ --'-- ~UCATION & ~~ATION C~~ ~ 'A' - P~ ~5T~ P~ ' ~ ~~ [ .................................... ~ ~ ~TEACT."D" f"'-- :J )': ~ ~~ ~7~7__TRACT "U" :. ........................... . ................. ~.. q ................................. j~ ~llk ........... ~-:-w= ................ ~,-~~.~~ ..................................................... J I I I 'Ac EXHIBIT "B" PUD WATER MANAGEMENT PLAN c~ ------- FIRST ASSEMBLY IV~ISTRIES "''---"-~--"-.----.... EDUCATION & REHABILITATION CAMPUS --"~--' EXHIBff ~' - CONCEPTUAL WATER MANAGF3VENT PLAN EXHIBIT 'C' ,35' ROADWAY AR£A 10' 2~ 2' 10' 10' 9' 10' --~'~'~ ~'~' "~¥~'i-1.; : /~o~,~'-'-'/~.. ~.~,~'1' ~ ~-,,,~ '~/';'w~" ~'~'"' ~"~'~ ~'~' ~~ / GU~R ~ 2~ SLO~ SLO~ 2~ SLO~ ~ /(~-) ~ SLO~~ J EED AND 6" LIMEROCK ~ASE~ ~ ~ ~2" STABILIZED (PRIMED) /~ SUBGRADE VARIES ~ ~ SIDEWAL WATER MAIN~ ~ ~ANITARY SEWER TYPICAL INTERNAL ROAD SECTION FOR TTRVC LOTS N.T.S. SSP 1 ~ 1999 Dote: Septemb ,."~ --1~; Keene Engineering 240 Aviation Drive No~h Naples, Florido 34104 (~) ~0~-0~2~ EXECUTIVE SUMMARY PETITION R-99-5, THAD KIRKPATRICK OF CUMMINGS & LOCKWOOD, REPRESENTING QUAIL CREEK COUNTRY CLUB, INC., REQUESTING A REZONE FROM "RSF-2" TO "GC" GOLF COURSE FOR A GOLF COURSE MAINTENANCE FACILITY FOR PROPERTY LOCATED AT 4400 PONDAPPLE DRIVE, FURTHER DESCRIBED AS OUTLOT A, QUAIL CREEK UNIT TWO, IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.179 +/- ACRES. OBJECTIVE: This petition seeks to rezone the 3.179 acre subject property from Residential Single Family, "RSF-2" to Golf Course, "GC". A rezoning to GC is necessary in order to bring the site, which is currently developed with a golf course maintenance facility, into consistency with the requirements of the Land Development Code which allow this type of use in the GC zoning district. Additionally, a rezoning to GC will make the zoning designation of the subject site consistent with the remainder of the surrounding developed golf course property, for which the maintenance facility serves as an accessory use and which is also zoned Golf Course "GC." ~-'~ CONSIDERATIONS: .: The subject site is presently developed with an existing golf course maintenance facility which is operational and serves the surrounding golf course as part of the Quail Creek Estates development. The remainder of the surrounding property which is developed as a golf course, is also zoned GC. Properties surrounding the existing maintenance facility have RSF-2 and RMF-12 zoning designations and are developed with single family and multi-family residential land uses. The site is currently zoned, RSF-2, however, it is developed with an existing golf course maintenance facility which is permitted as an accessory use to a golf course which is a use permitted by fight in the GC zoning district. Specifically, the golf course maintenance facility is an existing non-conforming use in the RSF-2 zoning district. In order to bring the use of the site into conformance with the underlying zoning district, a rezoning action to GC is necessary. The site is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A description of the meaning of the Urban Residential Mixed Use district in the FLUE advises that types of uses shall be related to a variety of residential land uses. The subject petition is for a recreational type of land use that is authorized by the site's consistency with the FLUE. Timing - There are no issues of timing inasmuch as the land is already developed and functioning with an existing golf course maintenance facility which is serving the surrounding golf course. PROS/CONS: Pros A rezoning of the subject site is consistent with The Future Land Use Element of the Growth Management Plan. A rezoning action to GC will bring the site and its existing development into consistency with the requirements of the Land Development Code which allow this type c zoning district. Additionally, a rezoning to GC will make the zoning designation of the sub ect SEP 1 1999 consistent with the remainder of the surrounding developed golf course property, for which the maintenance facility serves as an accessory use and which is also zoned Golf Course "GC." The site is sufficiently buffered with an opaque fence, masonry wall, mature landscaping and a berm. The golf course maintenance facility has been in existence since the early 1980's, several years before surrounding development was constructed. Cons None. FISCAL IMPACT: Since the site is already developed and functioning, with no anticipation of expansion, there is no additional fiscal impact to the County in terms of impact fees or impacts to existing County services in terms of infrastructure or similar services. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The site is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A description of the meaning of the Urban Residential Mixed Use district in the FLUE advises that types of uses shall be related to a variety of residential land uses including single family, multifamily, mixed use, and recreational. The subject petition is for a recreational type of land use that is authorized by the site's consistency with the FLUE. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from "RSF-2" to "GC" will not change any level of service relationship in a negative manner. Transportation Element - The ITE Trip Generation manual indicates that a rezoning to GC will not negatively impact traffic circulation or have the affect of producing trips which will affect' local roads. The golf course maintenance facility has been in existence for approximately 15 years. The use of this facility is not proposed to change, nor will the nature of the existing use produce trips which will have a significant impact on the road network. Therefore, this project is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING COMMISSION RECOMMENDATION: At the July 15, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition R-99-5 to the Board of County Commissioners with thc following stipulations: 1. Within ninety (90) days of approval of this rezoning action by the Board of County Commissioners, all exotic vegetation, as defined by the Collier County Land Development Code, shall be removed from the site. The property owner shall be responsible for subsequent, annual, exotic vegetation removal. SEP 1 1999 PREPARED BY: HiEA2gMURRAY, AICP DATE F PLANNER :IEWE~ BY: ~ALD F. iq'I:NO, AICP DATE CURRENT PLANNING MANAGER RO ERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~:, ~ ~ ~/'~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR tS'ATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition # R-99-5 Tentatively scheduled for the September 28, 1999 BCC meeting. AGENDA ITEM SEP 1 ~ 1999 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: JUNE 21, 1999 RE: PETITION NO: R-99-5, Quail Creek Country Club, Inc. OWNER/AGENT: Owner: Quail Creek Country Club, Inc. 13300 Valewood Drive Naples, FL 34119 Agent: Thad Kirkpatrick 3001 Tamiami Trail North, 4th Floor Naples, FL 34101 REQUESTED ACTION: This petition seeks to rezone the 3.179 acre subject property fi.om Residential Single Family, "RSF-2" to Golf Course, "GC". A rezoning to GC is necessary in order to bring the site, which is currently developed with a golf course maintenance facility, into consistency with the requirements of the Land Development Code which allow this type of use in the GC zoning district. Additionally, a rezoning to GC will make the zoning designation of the subject site consistent with the remainder of the surrounding developed golf course property, for which the maintenance facility serves as an accessory use and which is also zoned Golf Course "GC." GEOGRAPHIC LOCATION: The subject site is located within the Quail Creek Unit 2 subdivision, north of Immokalee Road and east ofi-75, in the Quail Creek Estates development. The site consists of Out Lot "A", located in Section 17, Township 48 South, Range 26 East. Out Lot "A" is adjacent to the entry gate to Quail Creek Estates on the gate's west side. PURPOSE/DESCRIPTION OF PROJECT: The subject site is presently developed with an existing golf course maintenance facility which is ~-.- operational and serves the surrounding golf course as part of the Quail Creek Estates development. The remainder of the surrounding property which is developed as a golf course, is also zoned GC. Properties - Surrounding the existing maintenance facility have RSF-2 and RMF-12 zoning designations and are ~ ) developed with single family and multi-family residential land uses. The site is currently z< t~,~,l', ~'~ra I~r~ 1 SEP 1 q 1999 I COLLIER CO LOCATION MAP SITE MAP however, it is developed with an existing golf course maintenance facility which is permitted as an accessory use to a golf course which is a use permitted by right in the GC zoning district. Specifically, the golf course maintenance facility is an existing non-conforming use in the RSF-2 zoning district. In order to bring the site into conformance with the underlying zoning district, a rezoning action to GC is necessary. SURROUNDING LAND USE AND ZONING: Existing: The subject 3.179 +/- acre site is currently developed with a golf course maintenance facility. It has 248 feet of frontage on Pond Apple Drive, a private street located within the Quail Creek Subdivision. Surrounding: North: The property to the north is zoned GC. It is currently developed with a Golf Course. South: The property to the south is zoned RMF-12 and it is currently developed with multi-family structures as part of Quail Creek Village. East: The property to the east consists of the entry road and guardhouse serving Quail Creek Estates. West: The property to the west is zoned RSF-2 and is developed with single family residential structures and open space; the property immediately west of the site is undeveloped open space. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A description of the meaning of the Urban Residential Mixed Use district in the FLUE advises that types of uses shall be related to a variety of residential land uses including single family, multifamily, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a Golf Course type of land use that is authorized by the site's consistency with the Urban Residential Mixed Use land use classification in the FLUE. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RSF-2 to GC will not change any level of service relationship in a negative manner. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. AGENDA ITEM SEP 1 zl 1999 2 Pg. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff members have reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval with conditions as presented in the attached ordinance for adoption. ANALYSIS: Appropriate evaluation of petitions for rezonings should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otheiwise modified by the Board of County Commissioners. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district(s) as defined in the Land Development Code, within the Urban Mixed Use land use designation which permit uses characterized as recreational, specifically for golf courses and their accessory facilities In the opinion of staff, an action to rezone the property to GC for golf course type of uses (specifically a golf course maintenance facility) meets the criteria for serving the community at - large and is consistent with the criteria as described in the Urban Residential Land Use Sub istric~~ /~7 FLUE. s~. SEP 1 1999 3 It is not sufficient that a petition only need to show consistency with the GMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Staff is of the opinion that a rezoning of the subject property to a GC zoning district is compatible with its surrounding environs. Properties which abut the site to the north, consist of open space as part of the existing golf course and to the northwest, single family residential. ACcess to the site is provided from Pond Apple Drive, which is the main loop road throughout the Quail Woods Estates Development. Adjacent to Pond Apple Drive, along the site's frontage, is an existing opaque wooden fence approximately 6 feet in height, which abuts an established, mature landscape buffer. Properties abutting the site to the south are developed with multi-family residential structures. Sufficient buffering exists between the subject site and the multi-family residential to the south in the form of an architecturally designed masonry wall located on top of a berm approximately eight (8) feet in height. Abutting the berm/wall combination exists a mature landscape buffer with trees and shrubs. Structures on the site are not visible from the road, nor are they visible to surrounding residential development. It is staffs understanding that the maintenance facility was established in the early 1980's, approximately 5 years before the abutting multi-family and the closest single family residential development was constructed. It is staff's opinion that the site is sufficiently screened from abutting residential uses. Approximately a year ago a code investigation and code case was established at the subject property by the County's Code Enforcement Department. It is staff's understanding that the complaints generated by neighboring property owners were regarding the improper storage of horticultural waste. It is Planning staffs understanding that as a result of those complaints, the horticultural waste is now disposed of off of the subject site and is no longer problematic to surrounding residents. It is also staffs understanding that the Code Case has been closed and there have been no further complaints from residents. Timing - There are no issues of timing as far as development of the site is concerned inasmuch as the maintenance facility has been in existance for approximately 15 years, which is approximately 5 years prior to the construction of the majority of the nearby residential development. Traffic - The ITE Trip Generation manual indicates that a rezoning to GC will not negatively impact traffic circulation or have the affect of producing trips which will affect local roads. The facility has been in existanee for approximately 15 years. The use of this facility is not proposed to change, nor will the nature of the existing use produce trips which will have a signficant impact on the road network. Therefore, this project is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE. STAFF RECOMMENDATION: Staffre~ommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect ofrezoning certain lands from Residential Single Family "RSF-2" to Golf Course "GC", with the following stipulations: 1. Within ninety (90) days of approval of this rezoning action by the Board of County Commissioners, all exotic vegetation, as defined by the Collier County Land Development Code, shall be removed from the site. The property owner shall be responsible for subsequent, annual, exotic vegetation removal. ./TF 4 SEP 1999 Pg. PREPARED BY: AICP DATE Cig ~F PLANNER i t,! IEWED BY: RI )NALD F. NINO, AICP DATE CURRENT PLANNING MANAGER lt. OB~RT J. MULHERE, AICP ' DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number: R-99-5 Staff Report for July 15, 1999 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the September 14, 1999 BCC Meeting. L~r~MMISSION: caBgL J Sr /mT, Cm U'E ON AGENDA ITEIw ,,,,./7 Y 5 SEP I ~ 1999 REZONE FINDINGS FOR PETITION R-99-5 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the folloWing where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies, specifically the development complies with the Mixed Use Urban Residential land use classification as defined on the FLUE. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: The subject 3.179 +/- acre site is currently developed with a golf course mai'ntenance facility. It has 248 feet of frontage on Pond Apple Drive, a private street located within the Quail Creek Subdivision. Surrounding: North: The property to the north is zoned GC. It is currently developed with a · , Golf Course. South:The property to the south is zoned RMF-12 and it is currently developed with multi-family s~uetures as part of Quail Creek Village. East: The property to the east consists of the entry road and guardhouse serving Quail Creek Estates. West: The property to the west is zoned RSF-2 and is developed with single family residential structures and open space; the property immediately west of the site is undeveloped open space. Summary Findings: The proposed rezoning and existing use of the property for a golf maintenance facility is deemed compatible with the surrounding properties which are zoned for residential and golf course land uses.The existing facility was in existence approximately 5 years prior to neighboring residential development. AGE~)A ITEM S£P 1 P~._ ~ 3. The possible creation of an isolated district unrelated to adjacent and nearby '3 districts; Pro/Con: Evaluation not applicable. Summary Findint~s: The parcel is in a location such that it will not result in an isolated generic zoning district unrelated to adjacent and nearby districts. Adjacent properties to the north and east are zoned GC. The parcel has been developed as a golf course maintenance facility since the early 1980's years, prior to abutting residential development. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn and they are consistent with the GMP. This rezoning action does not change the fact that the rezoning action is to make the zoning designation of the land and the use of the land consistent. A rezoning to GC will alleviate the existing non-conforming status of the current use of the land. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element) of the GMP presently remains consistent. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) A rezoning action that is consistent with a community's comprehensive master plan is a statement that acknowledges the action as contributing to the basic goals and objectives of master planning which is the promotion of the overall public health, welfare and safety, and is therefore also part of the equation which promotes the best principles of neighborhood composition. The proposed change will have the affect of bringing the existing use and the underlying zoning district into conformity. Con: Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of ) neighborhood conditions. , AGENDA I'T[~. 7 SE? 1 4 1999 Pi, Summary Findings: The proposed change should not adversely influence living conditions in the neighborhood because the change is consistent with the goals and objectives of the master plan and because recommended development standards and other conditions for approval that come into play at subsequent approval phases are designed to ensure the least amount of adverse Lmpaet on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with the provisions of the Traffic Circulation Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. Con: None. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GIMP and was found consistent, a statement advising that this project as it exists does not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; Pro/Con: Evaluation not applicable. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all surface drainage generated by developmental activities as a condition of approval. However, the County has no record of a Site Development Plan approval for this project. This project should have been reviewed for drainage relationships by the South Florida Water Management District upon original development. Any redevelopment of the site will require design and costmetion plans, which shall meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System. AGENDA ITEM S'=P 1 4 1999 pg. 9. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary~ 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.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The criteria governing development in the GC zoning district are designed to take into account the proximity of nearby residential land uses. 10. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary~ Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary, Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Surrounding properties which are already developed and appear to be in a well-maintained condition. 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. Summary Findin_~s: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning SE:P 1 1999 actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a gr~nt of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Finding: The subject property is already developed, however, not in accordance with the existing zoning. Rezoning the site to GC will bring the current use of the property into conformity with the underlying zoning district, should the site be rezoned to GC. 14. Whether the change requested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Finding, s: The site has been developed and in existance as a Golf Maintenance Facility since the early 1980s. The majority of the surrounding property within the Quail Creek Estates is already developed for single family residential or golf course use. The site in its present location is strategically located to serve the surrounding golf course. 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/Con: Evaluation not applicable. AGE.~A ITED~ 1 zt 1999 ]0 Summary_ Findines: The site is currently developed. The petitioner indicates there are no plans for expansion of the current use on the site. If expansion were to occur, the normal disruption of property attendant to the development phase is to be expected. The site is also sufficiently buffered fi:om surrounding uses .with an existing opaque wall/fence and a mature landscape vegetation. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary. Findines: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. AGENDA ITEIv, SEP 1 1999 ]! ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WH;C-TI ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE LrNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8617S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED, IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "RSF-2" TO "GC" FOR A GOLF COURSE MAINTENANCE FACILITY; PROVIDING FOR STAFF AND PLANNING COMMISSION STridULATIONS; AND BY PROVIDING AN EFFECI'TVE DATE. WHEREAS, Thad Kirk~trick of Cum~i~,gs & Lnekwood, ~-nting Quail C~k ~ ~b, ~c., ~fifio~d ~ ~d of ~ ~i~ion~ ~ c~ge ~e ~g c~cafion of ~e h~m ~ ~1 pm~; NOW, ~O~ BE ~ O~ BY ~ BO~ OF CO~ CO~SIO~ OF CO~R CO~, ~O~A: SE~ON O~: ~e ~ning c~fion of ~ ~ p~o~ ~ ~ p~iy ~ ~ ~it 'A", a~ h~o ~d ~o~ by ~f~ce h~e~ ~d l~n~ ~ ~fion 17, To~p 48 ~ ~ge 26 ~ ~er ~, ~ofi~ ~ c~g~ ~m '~F-2" m ~ ~ ~e Offic~l ~g A~ M~ N~ 8617S, ~ ~ ~ ~ce 91-1~, ~ ~ ~W ~ ~el~t ~e ~ h~by ~ ~. ~e h~em des~d ~ pr~ ~ &e ~ for w~ch ~e ~ne ~ h~eby a~ved. SECTION TWO: This Orrli~nnce shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,1999. BOARD OF COUNTY COMMISS. IONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFIC'IENCY ASSISTANT COUNTY ATTORNEY ACk. iDA ITEM SEP 1 1999 OR: 2493 PO: 1244 · .) EXHIBIT "A" All that part of Outlot "A" of Quail Creek Unit Two according to the plat thereof as recorded in Plat Book 13, pages 74-77, Collier County Public Records, Collier County, Florida; being more particularly described as follows: Commencing at the southeast comer of said Outlot "A' thence along the south line of said Outlot "A" South 89°-05'-08" West 379.81 feet; thence leaving said south line North 17°-54'-52" West 84.58 feet to a point on a curve and the POINT OF BEGINNING of the parcel herein described; thence southwesterly 63.46 feet along the arc of a non-tangential circular curve concave to the northwest, having a radius of 160.37 feet and being subtended by a chord wlfich bears South 65°-52'-24" West 63.05 feet; thence South 77°-12'-34" West 96.50 feet; thence southwesterly and northwesterly 61.34 feet along the arc of a circular curve concave to the northeast, having a radius of 41.63 feet and being subtended by a chord which bears North 60°-34'-41.' West 55.94 feet; thence North 18°-21'-57.' West 33.71 feet to a point on a curve on the south right-of-way of Pond Apple Drive as shown on said Plat of Quail Creek Unit Two; thence along said south right-of-way line northeasterly 97.50 feet along the arc of a non-tangential circular curve concave to the northwest, having a radius of 311.29 feet and being subtended by a chord which bears North 43 °- 26'-49" East 97.10 feet to a point of reverse curvature; thence northeasterly 123.29 feet along the arc of a circular curve concave to the southeast, having a radius of 255.00 feet and being subtended by a chord which bears North 48°-19'-28' East 122.09 feet to a point on said curve; thence leaving said curve and said south right-of-way line South 17°-54'-52' East 172.38 feet to the Point of Beginning of the parcel herein described. N2501911 . DO~ 07/31/~8 SEP 1 q 1999 APPLICATION FOR PUBLIC FI-EARING FOR: STANDARD REZONE R 99- 05 ,de ,- '~0 Petition No.' Date Petition Received: Commission Districr: Planner Assi~ed:-5'c/.5A X./. rq'2w~ff-~lt/; / ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Quail Creek Country Club Inc. Applicant's Mailing Address 13300 Valewood Dr. City Naples State FL Zip 34119 Applicmnt's Telephone# 94i-597-283i Fax# 941-~94-8390 NameofAgent Thad Kirkpatric~ Firm Cummings & Lockwood Agent's Mailing Address 3001 Tamiami Trail North, 4th Floor City. Naples State FL Zip 34101 Agent's Telephone # 941-649-3175 Fax # 94!-263-0703 COLLIER COUNTY COM34UNITY DEVELOPM.'ENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 -'~ Ac, g~A nw.~' " PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STA,'qDARD REZONE - ~/98 ,.,aP 1 4 1999 PAGE 1 )F 15 2. Disclosure of Interest Informatiotl; a. If the property is owned fee simple by an 12q'D~U~, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use adctifional sheets if necessary). Name and Ad&ess Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. NOT FOR PROFIT ¢0RP0RAIION Name and Ad&ess, and Office Percentage of Stock SEE ATTACHED c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Ad&ess Percentage of Interest N/A President o James Ward 13024 Bald Cypress Ln. Naples, FL 34119 Vice President - Clyde Tidwell 13488 Rosewood Ln Naples, FL 34119 Secretary - Wendell Gillund 3971 Gulfshore Blvd. N., Unit 904 Naples, FL 34103 Treasurer - William Haarlow 3971 Gulfshore Blvd. N., PH 3 Naples, FL 34103 - AGENDA ITEM No._l?/r SEP 1 zt 1999 d. If the property is in the name of a GEN'ER.~ or LIMITED PARTNERSI-~P, list the name of the general and/or limited partners. Name and Address Percentage of Ownership ~/^ e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract pm:chasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Ownership N/A f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, ifa corporation, partnerskip, or trust. Name and Address N/A g. Date subject property., acquired [] leased [] Term of lease yrs./mos. August 26, 1998 and March 7, 1984 If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date AGEI~A ITE~. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 SEP 1 1g 9 - PAGE 3 )Fl5 h. Should any changes of ownership or chmuges in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for properzy involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last slx months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 17 Township: 48 Range: 26 Lot: Block: Subdivision: Plat Book 13 Page#: -7(/ Property I.D.#: 68640080008 Metes & Bounds Description: Out Lot "A" of Quail Creek' Unit two, according to the plat thereof, as recorded in Plat Book 13, Pages 74-77, Collier County Public Records, Collier County, FLorida ¢. Size of property.:, ft. X ft. : Total Sq. Ft. Acres 3. 179--- 5. Address/general location of subject property: 4400 Pon0apple Drive, Naples, FL 6. Adjacent zoning and land use: Zoning Land use N GC Golf Course S RMF-12 Multi-Family Homes E RSF-~ Single Family Homes W RSF-2 Single Family Homes AGENDA ITEM APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- _~/98 ~ /7 F P^oE oF SEP 1 1999 PS. ~ Does the owner of the subject property, own property contiguous to the subject property? No If so, give complete legai description of entire contiguous property,. (If space is inadequate, attach on separate page). N/A Section: N/A Township: N/A Range: N/A Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property, I.D.#: N/A Metes & Bounds Description: N/A 7. Rezone Request: TI'ds application is requesting a rezone from the RSF-2 zoning district (s) to the GC zoning district(s). Present Use of the Property: Golf Course Maintenance Facility Proposed Use (or range of uses) oft. he property: Same as Present Use Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Plarm/ng Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. SEE ATTACHED STANDARD REZONE CONSIDERATIONS FOR Pt L,C "EAm S*^ D^RD REZONE- SEP 1 1999 PAGE $ O 15 Standard Rezone Considerations (LDC Section 2.7. 2.5. ) I. 17~nether the proposed change will be consistent with the goals, objectives, and pp, l..ic~ies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. Golf Course Community 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. Not feasible or practical 4. lg"hether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. No 5.lzt/'hether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Yes 6. F/hether the proposed change will adversely influence living conditions in the neighborhood. No 7. grhether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. No, virtually no effect 8. B/-hether the proposed change will create a drainage problem. N o 9. F/hether the proposed change will seriously reduce light and air to adjacent areas. No 10. Ytrhether the proposed change will seriously affect property values in the adjacent area. N o Il. t~hether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No 12. l~'hether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. l~rhether there are substantial reasons why the property cannot be used in accordance withexistin~rzonin~. Golf Course Maintenance Facility is needed to service .......... °--"Go'If course community. AC~.NDA ITF. M APPLICATION FOR PUBLIC .EARING FOR STANDARD REZONE. 5/98 SEP ! ~ 1999 PAGE 6 14.W'herher the change sugges:ed is out of scale with the needs of:he neighborhood or the county. No ]5.Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Yes 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The property is presently suitable for golf course zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public ?aciliries Ordinance [Code ch. ]06, art. f£J, as amended. No significant impact. 18.Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A 1I. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 1 I" copy of site plan], drawn to a maximm'n scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; ^,',',-,c.,T,oN ro, ro, REzoNe- _.?98 SEP 1 q 1999 PAGE 7 ~F15 · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing ancL/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropr/ate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minirnulxl scale of one inch equala 400 feet, shall be submitted. Said aerial shall identify plant'and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). 5. Statement of utility provisions (with all required attachments and sketches); cj. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and' archeofogical survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ±. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. 'A~A ITEM APPLICATION FOR PUBLIC HEARING FOR ST, ANDARD REZONE - 5/98 SEP lq 1999 PAGE 8 F 15 QUAIL CREEK COUNTRY CLUB, INC. REZONE APPLICATION STANDARD REZONE CONSIDERATIONS Introduction. The property that is the subject of the rezone application is Out Lot "A" of Quail Creek Unit Two, according to the plat thereof, as recorded in Plat Book 13, page 76, Collier County Public Records (the "Property"). The property is presently being use as a golf course maintenance facility which services the surrounding golf course residential community. The property presently has a RSF-2 zoning classification and this application seeks a rezone to the GC zoning classification. Specific Standard Rezone Considerations. 1. The proposed rezone will be consistent with the goals, objectives and policies and future land use map and the elements of the growth management plan because it is consistent with the scheme of the surrounding community and poses no adverse growth management concerns. 2. The existing land use pattern is a residential golf community. 3. The creation of an isolated district unrelated to adjacent and nearby districts is not practical because the Property is used to service the needs of the surrounding community. 4. Existing district boundaries are not illogically drawn in relation to existing conditions on the property for the proposed change. 5. Existing conditions make the proposed rezone necessarv because the Property is currently being used as a golf course maintenance facility. 6. The proposed rezone will not adversely influence the living conditions in the neighborhood. 7. The proposed rezone should have no significant effect upon traffic nor otherwise affect public safety. 8. The proposed rezone will not create a drainage problem. 9. The proposed rezone will not reduce light or air to adjacent areas. ' A~A IT& SEP 1 1999 STANDARD REZONE CONSIDERATIONS 10. The proposed rezone will not seriously affect property values because the rezone only facilitates the Property's existing use. 11. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. The proposed change will not constitute a grant of special privilege to any individual owner as contrasted with the public welfare because use of the Property as a maintenance facility benefits the entire golf course community. 13. Existing zoning is RSF-2, which is not appropriate Ibr the Property's current use as a golf course maintenance facility. The Property is not suitable for uses permitted under the existing zoning, but the proposed rezone is consistent with the Property's existing use as a golf course maintenance facility. 14. The proposed change is not out of scale with the needs of the neighborhood or community but rather is designed to meet the needs of the community. 15. It is not feasible nor practical to tU to find other sites because the Property is currently being used as a golf course maintenance facility and needs to remain within the community in order to be able to adequately fulfill this purpose. 16. The Property is presently suitable Ibr uses consistent with the proposed rezone to GU. Consequently. the physical characteristics of the property would not have to be altered to make the property usable for the range of uses permitted under the proposed rezone change. 17. The proposed zoning reclassification would have no significant impact on the availability of adequate public facilities and service consistent with levels adopted in the Collier County growth management plan. N2773481.DOC 03/30/99 AGENDA ITEM S£P 1 1999 A FFIDA VIT ._ /of Quail Creek Country Club, Inc. ~;e/f, James W. Ward, as Preslden~being first duly sworn, depose and say that we/f am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made apart of this application, are honest and true to the best of our knowledge and belief. V~re/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Counry printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ,As property owner l~re/f further authorize Thad D. Kirkpatrick, Esq. react as our/my representative in any matters regarding this Petition. Qua,~/~Creek Country Club, Inc. Sit~na~u-re of Prdoert)g. Owner - Signature of Property Owner ' /~ames W. Ward, President Quail Creek Country Club, Inc. Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowled~ed t~efore m~ th. is . n7.,.2.- day o;f_,,fd ~'_~./ ,~ ~. _-~'_ ~ /as President_or ~,u~xx C.~eeK ~ ,-__~ , Inc. ~ o~ ~J o - ~r~- ~2-3. ~-o ~ identification. State of Florida (~ignature of Notary Public - State of County of Collier Florida) , (Print, Type, or Stamp Commissioned Name of Notary Public) OFFICIAl.- NCTAR~ SE; ~ ~A IT, r NOTARY PUBUC STATE OF Ft . i COMMISSION NO. CC624.43 .APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 5/98 ~MY COMMISSION EXP.,,~[R.: [ 20~_? 1 ~ ~99 PAGE 15 C 15 2~0308 OR: 2493 PG: 1242 2493 PG: 1243 RBCORb~. in OFFICIAL RECORDS of COLLIER COUIITY, FL CONS I2500,00 '~ C~MNING~ ~ LOCKWOOD J ! ~ uO~ ~ ~ 0 BOX ~13032 ~,_r ...... ' ....... // ~, ~PARED ~A~t~S ~L 31101 30~2 ~ATION OF OR _ 'I~E BY: k, E~. : LOC~WOO~ R 9 9 ' 0 5 ,~ ~s of ~ of Quail :'rail No~h o has produced SPEC~ WA~Y DEED R~ O~RS' ASSQCIA~ON, ~C.;a Florida not for profit corporation, - Mdress of ~ f~f~~ · (the"Grantor"), in favor of ,iic CO~Y CLUB, ~C., a Florida not for profit co~oration, baying a mailing Valewood ~ive, Naples, Florida 34119 (the ~Gmntcc"). ~SSETH: md in consideration of ten dollars ($10.00) and other valuable considerations, ufficiency of which ~c he.by ac~owledged by thc Grantor, has granted, Id to thc Grantee, its leg~ reprcscn~tives and ~signs forever, the following ~. situate lying and being in Collier CounW, Florida, to wit: ~hat potion of Outlot A. according to the Plat of Quail Creek, ~ Two~ recorded ~ Plat Book 13, at Page 74, of the Public ords ~licr Count, Florida, more p~iculady described on ibit a~ched hcreto ~d made a pa~ hereof. JECT TO: (i) real prope~ t~es for the year 1998 and :quent years, (ii) zoning, building code and other rcgtdatory restrictions and ordinances imposed by governmental ,fity and (iii) e~ements, res~ictions and rese~ations of ~, if any, however this rc1~rcncc is not intended to reimpose r does hereby fully warrant the title to said land, and will defend the same dins of all persons arising by, through or under the Grantor. {EOF, the Grantor has executed this Special Warranty Deed as of the day, ~bove written. z of: QUAIL CREEK PROPERTY OWNERS' ASSOCIATION, INC. ~ [Corporate Seal] _ - ACtA ITF. M SEP 1 q 1999 EXHIBIT "1" '~'"~': ! ORDINANCE NO. 99- 2 3 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE 5 COLLIER COUIVTY LAND DEVELOPMENT CODE WHICH 6 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS 7 FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, 8 FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP 9 NUMBER 8617S BY CHANGING THE ZONING CLASSIFICATION OF lo THE HEREIN DESCRIEED PROPERTY LOCATED, IN SECTION 17, 11 TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, 12 FLOR[DA, FROM "I~F-2" TO "GC" FOR A GOLF COURSE 13 MAIINTENANCE FAcn.rrY; PROVIDING FOR STAFF AND 14 PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN 15 EFFECI13;E DATE. 16 17 ~ ~.~8 WHEREAS, Tired ICirkpatnck of C.mmings & Lockwood, rept~--~nting Quail Creek Counlxy Club, 19 Inc., petitioned the Board of County CotmmSsioners to change the zoning classification of the hereto deSCribed 20 real prop,my; 21 NOW, THEREFORE BE IT ORDAINED BY TI{E BOARD OF COUNTY COMMISSIONERS OF 22 COLLIER COLrNTY, FLORIDA: 23 SECTION ONE: 24 The zomng cl~.~mfication of the MI property as more pamcul~ly ckmerfl:~d by Exhibit 'A', attached 25 h~eto and itw, orporated by reference herein, and located in Section 17, Town~hip 48 ~ Range 26 East, 26 Collier County, Florida, is clmaged from "RSF-2" to "CC' and the OflScial ~ Atl~ ~ Number 8617S, 27 as described in Ordinance 91-102, the Collier County Land Development Code ia hereby amended accordingly. 28 The hereto ckmchbed r~l property ia the same for which the rezone ia h~t~by 29 30 SECT[QN TWO: 31 ~ Ordiunnce rdmll-become effeclive upon filiffg with the Del~mmmt 32 PASSED AND DULY ADOPTED by the Board of County Commi~,'on~ of Collier CoUnty, Florida, 33 tim day of ,1999. 34 35 BOARD OF COUNTY COMMISSIONERS 36 COLLIER COUNTY, FLOR]DA 37 38 39 BY: 40 PAMELA S. MAC'KIE, Chairwoman 41 42 ATTEST: 43 DWIGHT E. BROCK, CLERK 44 45 46 47 ~ "''"' ¢ 8 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 49 50 " A,.,.~SI$~A.N'T COUNTY A~ [379,36 ,. ........ Exhibit 6 page 1 of 2 Description of a Parcel of land in 2J:ict "A", Quail Creek Unit Two (P.B. 13, pg. 74-77) Collier County, FiorlOa 0utlot "A" pf Quail Creek Unit Two, according to the plet thereof as recoroeo in Plat BOOK !3, pages 74-77, Collier County Public Records, Co)lief County, Florida. LESS AND EXCEPT the following Described parcel of lanD; All that part of ~Jt!ot "A" of Oua~l Creek Unit Two according to the plat thereof as recorded in Plat book 13, pages 74-77, Collier County Public Records, Collier County, Florida; being more particularly described as $oilows; ~ commencing at the southeast corner of sago Outlet thence along the south line of said Outlet "A' South 89'-05'-08" West 379.81 feet; thence leaving said south line Nort~ 17'-54'-52' West 84.58 feet to a point on a curve and the POINT OF 3EGINNING of the parcel herein describeD; thence southwesterly 63.46 feet along the arc of a non-tangential circular curve concave tO the northwest, having a radius of 160.37 feet and being subtended by a chord whlch bears South 65'-52'-24' West 63.05 feet; thence South 77'-12'-34" West 96.50 feet; thence southwesterly and northwesterly 61.34 feet along the arc of a Clrcular curve concave to t~e northeast, nav~ng a radius of 41.63 feet and being subtended by a chord which Dears North 60'-34'-41" West 55.94 fee~; thence North 18°-21'-57'' Nes~ 33.71 feet to a polnt on a curve on the south right-of-way of Pone Aple Drive as snown on said Plat of quail Creek Unit Two; thence along sa~d south right-of-way line northeasterly 97.50 feet along the arc of a' non-tangential circular curve concave to the northwest, having a radius of 311.29 feet and being subtended by a chord which bears North 43'-26'-49' East 97.10 feet to a point of reverse curvature; thence northeasterly 123.29 feet along the arc circular curve concave to the southeast, having ~ AGE. NDAII~.M radius of 255.00 feet and being subtended by a which bears North 48'-!9'-28" East 122.09 feet point on said curve; thence leaving said curve ane said south rtght-of-way~ line South 17°-54'-$2" East 172.38 feet to the PC Iht ~t~ 1 ~ 1999 of Beginning of the parcel herein described, being a part of Outlet "A" of said Quail Creek Un. it Tw (Plat Book 13, pages 74-77), Collier County Public Rec ,~ds, Collier County, Florida; ~._ Subject to easements and restrictions of record; Outlot"A" less exception contains 2.59 net acres more or N. HILLER. BARION & PEEK. INC- DESCRIPTION: MAP OF B NE · SURVEYORS ' PLANNERS ' ENVIRONMENTAL CONSULTANTS $ GOLF COURSE MAI N fEN -NDSCAPE ARCHITECTS o CONSTRUCTION MANAGERS OUT LOT "A" , BE I NC 70FESSIONAL CENTER .QUAIL CREEK UNIT TWO, PLAT E _EY LANE AT AIRPDRT ROAD, SUITE 200 :LORIDA 33942 [8~3) 263-6408 FAX ¢813) 643-~716 ~ COLLIER COUNTY, FLC OR: 2493 PG: 1244 EXItlBIT"A" paga 2 of 2 All that part of Ouflot "A" of Quail Creek Unit Two according to the plat thereof as recorded in Plat Book 13, pages 74-77, Collier County Public Records, Collier County, Florida; being more particularly described as follows: Commencing at the southeast comer of said Outlot "A" thence along thc south line of said Outlot "A" South 890-05'-08'' West 379.81 feet; thence leaving said south line North 17°-54'-52" West 84.58 feet to a point on a curve and the POINT OF BEGINNING of thc parcel herein described; thence southwesterly 63.46 feet along the arc of a non-tangential circular curve concave to thc northwest, having a radius of 160.37 feet and being subtended by a chord which bears South 65 °-52'-24" West 63.05 feet; thence South 77°-12'-34'' West 96,50 feet; thence southwesterly and northwesterly 61.34 feet along the arc of a circular curve concave to the northeast, having a radius of 41.63 feet and being subtended by a chord which bears North 60°-34'-41" West 55.94 feet; thence North 18°-21'-57" West 33.71 feet to a point on a curve on thc south right-of-way of Pond Apple Drive as shown on said Plat of Quail Creek Unit Two; thence along said south right-of-way line northeasterly 97.50 feet along the arc of a non-tangential circular curve concave to the northwest, having a radius of 311.29 feet and being subtended by a chord which bears North 43 °- 26'-49" East 97.10 feet to a point of reverse curvature; thence northeasterly 123.29 feet along the arc of a circular curve concave to the southeast, having a radius of 255.00 feet and being subtended by a chord which hears North 48 °-19'-28" East 122.09 feet to a point on said curve; thence leaving said curve and said south right-of-way line South 17 °-54'-52" East 172.38 feet to the Point oi"Beginning 6f thc parcel herein described. 07/31/98 SEP 1 4 1999 EXECUTIVE SUMMARY PETITION CU-99-13, TERRANCE KEPPLE, OF KEPPLE ENGINEERING, INC., REPRESENTING EDWARD REDDISH, REQUESTING CONDITIONAL USE "14" OF THE INDUSTRIAL ZONING DISTRICT TO ALLOW FOR A REFUSE AND RECYCLING FACILITY FOR PROPERTY LOCATED ON THE NORTH SIDE OF PROGRESS AVENUE AND APPROXiMATELY 1,000 FEET WEST OF INDUSTRIAL BOULEVARD WITHIN THE NAPLES PRODUCTION PARK SUBDIVISION, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant is seeking to obtain conditional use approval to operate a refuse and recycling facility which allows for the reuse of construction materials. CONSIDERATIONS: The petitioner is requesting a conditional use approval on the subject 1.2 acre site to allow for the construction of an 11,500 square foot recycling structure to sort and store (short term) via containers, construction material for reuse. The intent is to provide an alternative to sending leftover construction material from construction sites to a landfill. The petitioner indicates that the material will be sorted according to type of material (i.e. wood, concrete, metal, cardboard etc.). Subsequently, the material will be bundled or otherwise contained for shipment to a reuse market or purchaser. Due to the small size of the lot the recycled material will not be stored for more than a couple of days. The petitioner has stipulated that all on-site material will be shipped to processing facilities while the unusable material will be sent to an approved landfill/solid waste facility. The subject site will be primarily used by the applicants construction company and is not intended for use by the general public. However, other construction companies may contract for acceptance of their construction material. As iljustrated on the conceptual site plan, the facility consists of employee parking, a building for sorting material, truck scales, and storage bins. Staff has stipulated that no incineration or other disposal of material will be allowed on site. The primary access to the refuse/recycling facility is provided by a driveway from Progress Avenue along the western lot line. A traffic impact study by staff indicates that the proposed use will generate approximately 30 truck trips on a weekday. Based on this date, the site generated trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Progress Avenue fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any County road. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). A~A SEP 1 1999 PRO/CONS: All conditional use petitions require a findings on the part of the Collier County Planning Commission (CCPC) based on the provisions of Section 2.7.4. A preponderance of the findings support an action to approve the subject petition. The conditional use findings are formatted to give both reasons for or against a decision to utilize the property for the proposed use. Said findings are included in this executive summary submission together with the staff report which is approved by the CCPC. A summary of the major Pro/Cons from the Finding report is as follows: PROS · The subject site is located adjacent to existing industrially used properties to the north, west and east while Progress Avenue is to the south. These properties contain business that are compatible in nature to the proposed use. In any event, the recycling facility should be viewed as supporting the construction industry by reducing the amount of construction material that is deposited in landfill and/or solid waste facilities. · The sorting area will be covered to eliminate and/or reduce the amount of glare/odor emissions that may result from this type of use. In addition, the storage bins shall not exceed a maximum height of 10 feet. Lastly, no outside storage is permitted other than in designated storage bins. · The existing ingress/egress is properly aligned with Progress Avenue and provides adequate site distance. · The subject site is currently used as an open truck storage yard while the proposed conditional use will primarily occur under an architecturally designed building with walls on three sides. The open side will be to the rear of the site adjacent to the storage bins. The site will also be landscaped and buffered as required in the Land Development Code. CONS: · The recycling facility will be operational at least five days a week. Therefore, the additional truck traffic generated by this project along with other outdoor activities may cause an increase in the noise level to the surrounding properties during the week. · The sorting of construction materials from under the roofed structure may be seen from the street and adjacent properties. The Collier County Planning Commission reviewed this petition on August 19, 1999 during their public hearing and voted 8 to 0 to forward this petition to the Board Of County Commissioners with a recommendation of approval. The recommendation of approval was based on their determination and findings that the conditional use is consistent with the Growth Management Plan, the safe and the project is compatible with the adjacent land uses. - I 1 1999 LEGAL DESCRIPTION (As Furnished) The West % of the South % of the North 658.60 feet of the South 2005.80 feet of the West ~ of the West % of the East % of the Northwest % of Section 36, Township 49 South, Range 25 East, Collier County, Florida~ less the South 30 feet thereof which was previously conveyed by grantor to Collier County by warranty deed recorded at O.R. Book 1592, Page 1755, Public Records of Collier County, Florida. PREPARED BY LOWS, PRINCIPAL PLANNER DATE C/UI~ NT PLANNING SECTION I~ONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED, BY: · ~~ g"3c~- VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-99-13/RVB/rb AGENDA ITEM SEP 1 ~ 1999 CONDITIONS OF APPROVAL (CU-99-13) a) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review of the Collier County Land Development Code. b) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c) At the time of Site Development Plan submittal, a copy of the SFWMD permit modification shall be submitted. d) At the time of Site Development Plan submittal, partial walls shall be integrated with the roofed structure to screen the sorting activities from the street and adjacent properties. e) Household and horticultural waste are prohibited while all storage bins shall be covered to prevent rain leakage and runoff. f) There shall be no incineration or other disposal of material on site. g) No outside storage allowed other than the designated storage bins. These bins shall not exceed a storage height of 10 feet. EXHIBIT"D" ~. //7~ SEP 1 1999 ~o --- LOOATION LOCATION MAP SITE HAP FISCAL IMPACT: Prior to the commencement of the proposed use authorized by the approval of this conditional use petition, the following revenue stream is estimated as follows: Fire Impact Fee: $0.30 per square foot under roof Road Impact Fee: $1,218.00 per 1000 sq. fi. Radon Impact Fee: $0.005 per square foot under roof B.C.A.I. Impact Fee: $0.005 per square foot under roof EMS Impact Fee: $13.00 per 1.000 square feet Total: $17,721.00 In addition to impact fees described above, there are typically building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally off-set the cost of administering the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Impact Fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of a particular development on County provided services. The additional revenue that is generated by the ad valorum tax depends on the value of the improvements. At this point in time staff has not developed a method by which to estimate the cost of a particular land use development project. Such a model in our opinion would be misleading because there is no certain way to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below the developed standard, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban Industrial on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is intended to allow light manufacturing, refuse/recycling, warehousing, wholesaling, high technology, business services, and limited commercial such as restaurants. Since the proposed recycling facility is a conditional uses in the Industrial Zoning District, the proposed use is consistent with the GMP. Furthermore, this conditional use petition does nothing to impact any consistency relationship with the GMP. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition CU-99-13 for Conditional Use "14"of the 'T' Industrial zoning district subject to the stipulations that are described in the attached Resolution of Adoption and Exhibits thereto which includes the conceptual plan. AGENDA ITEM 176, SEP 1 1999 sorting material, truck scales, and storage bins. Staff has stipulated that no incineration or other disposal of material will be allowed on site. The primary access to the refuse/recycling facility is provided by a driveway fi.om Progress Avenue along the western lot line. SURROUNDING LAND USE AND ZONING: Existing Conditions: The site is currently used for equipment/truck storage and is zoned Industrial. Surrounding: North - Developed; Zoned: Industrial. East - Developed Aluminum Fabrication Facility; Zoned: Industrial. South - Progress Avenue and Office/Warehousing; Zoned Industrial. West- Developed Building for Signs and Things; Zoned: Industrial. View North View West View East View South GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: "'"' Future Land Use Element: The subject property is designated Urban Industrial on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is intended to allow light manufacturing, processing, storage/warehousing, wholesaling, distribution, high technolOgY, l~ll~ /76 2 " SIP 1 1999 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: JULY 29, 1999 RE: PETITION NO: CU-99-13, REFUSE AND RECYCLING FACILITY OWNER/AGENT: Agent: Mr. Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Avenue Naples, Florida 34104 Owner: Mr. & Mrs. Reddish 235 Warren Street Brookline, Massachusetts 02146 REQUESTED ACTION: To obtain conditional use "14" of the 'T' Industrial zoning district to allow for a refuse and recycling facility which provides for the reuse of construction materials. GEOGRAPHIC LOCATION; The subject property is located on the north side of Progress Avenue and within Naples Production Park in Section 36, Township 49 South, Range 25 East. (See iljustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a conditional use approval on the subject 1.2 acre site to allow for the construction of an 11,500 square foot recycling structure to son and store (short term) construction material for reuse. The intent is to provide an alternative to sending let~over construction material fi.om construction sites to a landfill. The petitioner indicates that thexrnaterial will be sorted according to type of material (i.e. wood, concrete, metal, cardboard etc.). Subsequently, the material will be bundled or otherwise contained for shipment to a reuse market or purchaser. Due to the small size of the lot, it is anticipated that this material will not be stored for more than a couple of days. All on-site material will be shipped to processing facilities while the unusable material will be sent to an approved landfill/solid waste facility. The subject site will be primarily used by the applicants construction company and is not intended for use by the ge' ~'~1 However, other construction companies may contract for acceptance of their construct As iljustrated on the conceptual site plan, the facility consists of employee parking, a ~uil~-'ig a. Consistency with this code and Growth Management Plan. Pro: The subject site is designated Urban-Industrial on the Future Land Use Element Map (FLUE) to the Growth Management Plan (GMP). This designation allows light manufacturing, storage & warehousing, wholesaling, distribution, high technology, business services, limited commercial uses such as restaurants, and refuse facilities. Con: None. Summary Conclusion (Findings): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is authorized in the Urban-Industrial designated areas and is permitted in the Industrial Zoning District as a conditional use. b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: (i) The existing ingress and egre~ss is properly aligned with Progress Avenue and provides adequate sight distance. (ii) The subject site currently being used as a track and construction equipment storage yard. As a result, the existing access point can accommodate truck traffic. Con: The existing gravel driveway may cause excessive dust from the increased truck traffic. (Staff is requesting that the entrance be paved from Progress Avenue up to the existing fence.) Summary Conclusion (Findings): Staff has reviewed the conceptual plan submitted with this conditional use request, and is of the opinion that due to the relatively low traffic volumes generated by the proposed facility, the project's entrance should operate adequately and with an acceptable level of safety. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) The sorting area will be covered to eliminate and/or reduce the mount of glare/odor emissions that may result from .this type of use. In addition, the storage bins shall not exceed a maximum height of 10 feet and they will be covered to protect the material from rain thereby reducing odors, x (ii) Since the subject site is not near a residential area, there will be no economic or noise impact on any residential area. In addition, the site exceeds the minimum lot width of 100 feet. Because the subject lot depth is 329 feet, there is adequate room to ~ place the storage bins behind the proposed covered sorting area. ' AGENOA ITEM (iii) There will be no outside storage other than the designated storag~ bim~~, no household or horticultural waste will be recycled at this facilit, 4 SEP 1 1999 N 88' 2~' 02' E 16,1..?'7' Retention Area Interior Landscaping (2,500 sf) 124.74 - 109.40 0 ~ _ ~ ; 115.00 Proposed Covered o.o, -- Sorting Area ~oo.oo --24,00-- 42' I [ '"'"'' '"~ { SEP1~1999 ..... P~ g ~ s _~~_ _ _ PREPARED BY: CURRENT PLANNING SECTION .... AGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APP~BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for August 19, 1999 CCPC meeting. SSION: MI~J.~RUET, CHAIRaMAN STAFF REPORT/CU-99-13/RVB/rb AGENDA 6 SEP 1 q 1999 services, limited commercial such as restaurants, and refuse systems. Therefore, the proposed refuse/recycling use is consistent with the GMP. Traffic Circulation Element: A traffic impact review indicates that the proposed use will generate approximately 30 track trips per weekday. As a result, the site generated trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Progress Avenue fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any County road. The Traffic Circulation Element (TCE) classifies this segment of Progress Avenue as a 2 lane road fronting the project and is currently operating at LOS "C". Therefore, this petition is consistent with Policy 5.1 and 5.2 of the TCE. Other Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this change. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GiMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental/engineering staff, and the Transportation Services Division staff. The Transportation Division staff has no objection to this petition. The Community Development Services environmental staff has also approved this petition. The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential consider~ 3 SEP 1 q 1999 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Ed~r~ ~n~ .El~ P~ddi~h 100% b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest A~:~IDA ITEM SEP 1% 1999 Con: The refuse facility will be operational at least five (5) days a week. Therefore, the additional traffic generated by this project along with outdoor activities may cause an increase in the noise and/or odor levels to the surrounding industrial properties during the week. Summary Conclusion (Findings): The orientation of the proposed facility is such that it provides a large open area to the north for water retention and landscaping while buffers are required along the east and west property lines. The proposed petition will have limited negative effects on neighboring properties in relation to noise, glare, economic or odor effects as conditioned by staff. d. Compatibility with adjacent properties and other property in the district. Pro: (i) The adjacent properties contain business that are compatible in nature to thc proposed usc. In addition, the subject site is located in an industrially zoned area, therefore, compatibility with adjacent land uses is not an issue. (ii) Thc proposed facility complies with the landscape requirements of the LDC. (iii) Thc proposed facility shall be free of toxic substances and hazardous materials. (iv) Thc subject site is currently used as an open truck storage yard while the proposed conditional use will primarily occur under a roofed structure. Thc site will also be landscaped and buffered as required in thc Land Development Code. Con: The sorting of construction materials from under thc roofed structure may be seen from thc street and from the adjacent properties. Summary Conclusion (Findings): The compatibility of the proposed refuse/recycling facility is not considered a significant issue due to its location within an industrial subdivision and the limitation on outside storage of refuse material. This shall include the provision of partial walls that should be integrated with the roofed structure to hid thc view of thc activities from thc street and adjacent properties. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-99-13 for conditional use "14" of the Industrial zoning district subject to ~e conditions of approval that are incorporated in the Resolution of Adoption. SEP I 1999 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ( ):4/12/97 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Dot~!lod lo~&l desc~£~t£on of 'the ~oL::,e~t], '~ov~ed b~ the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant ~hall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NO~: The applicant is responsible for supplying the correct legal description. If questions arise' concerning the legal AGENDA ITEM ,,,,. SEP 1 1999 4 COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION CU 99 13 ,~ PETITION NUMBER: DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE 1. General Information: Name of Applicant(s) Edward Reddish and Elsa Reddish Applicant's Mailing Address )35 w~rren gh. City Brookline State MA Zip 02146 Applicant's Telephone #: Fax #:' Name of Agent Terrance Kepple Firm Kepple Engineering, Inc. \ Agents Mailing Address 3806 Exchanqe Ave. City Naples State FL Zip 34104 Agent's Telephone #: ~n~_lTR~ 'Fax #: 40q-]7R7 AC~J~)A ~TE~ SEP 1 ~ 1999 Section: 36 Township: 49 S Range: 25 E Lot: Block: Subdivision: Plat Book Page %: Property I.D.#: Metes & Bounds Description: W~ of S~ of N 658.60 feet of S 2005.80 feet of W ~ of W ~ of E ~ of NW % less South 30 feet for R/W 7. T~e of Conditional Use: This application is requesting conditional use # /~, of the Ind district for (TYPE OF Present Use of the Property: 'Truck and equipment storage 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory .provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as maybe necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future element): The proposed facility is a trucking/s;ora~A~_ 6 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership e. Please provide any additional information which you may feel is relevant to this request. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have .__ adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subjeot property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Suk~ittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluati6n for distribution ~o AGENDA ITE]~ ,,=.=c -- 1 q 1999 description, an engineer's certification or sealed survey may be required. Section: 36 Township: 49 ~ Range: 25 E Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: 00275280008 Metes ~ Bounds Description: ~1/5 5-z? /7 {r¥~/~ ~./ 4. Size of property: 164 ft. X 329 ft. Total Sq. Ft. 4q~nq sf Acres 1.13 5. Address/general location of subject property: Progress Ave - Naples Production Park 6. Adjacent zoning and land use: Zoning Land use N Tnr] / Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page) . No AG~A ~./~ 5 7. TOTAL POPULATION TO BE SERVED: 4 - 10 employees 8. PEAK AND AVERAGE DAILY DEMANDS: 9. WATER-PEAK 62 gph AVERAGE DAILY 200 gpd 10. SEWER-PEAK 62 qph AVERAGE DAILY 200 qpd 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, P?.ma. SE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATE~m~TT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the proj'ect shall be ~rovid~d. AGENDA I'I'~.M -- SEP I 1999 recycling project for construction "waste". It will count towards the County's recycling requirements of the Growth Management Plan. b. Describe the existing or planed means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in rase of fire or catastrophe: Access from Proqress Ave for all traffic c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: None. The facility will be covered, to eliminate rain and there will be no household or horticultural waste. \ d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The s{te is wit~hin f.h~ ind~].~f~rial n~rk many facilities storinq industrial products. AC~EN~A /?6 """-.'="=" '~ '"~¢ ~ ~ '~'"""~'. '~ SEP I ~ 1999 '7 State of Florida County of Collier The foregoing Application was acknowledged before me this \ ~ day of ~X0~ , \~%~ by <\%c , who is personally known to me or who has produced %'~A ~f~'~ ~\t~.c~ as identification and who did ¢~id not) take an oath. ~oa~ ~ SEAL C' (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission f# My Commission Expires: AGEt~A I'IT~ · ~ /?~.. SEP 1 zt 1999 ~._~¥ .... STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF A~PLICANT: Edward Reddish 2. M;%ILING ADDRESS: 235 Warren St. ~1 i n~ CITY MA ZIP ~71 46 3. ADDRESS OF SUBJECT PROPERTY (IF A~I%ILABT.R): 4. LEGAL DESCRIPTION: Section: 36 Township: 4~ ~ Range: 25 E Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: w ~ ~ ~ ~ &~R_&n ~=~,~-. c~= ~ ~nn~.80 5. TYPE OF S~GE DIS~S~ TO BE PR~D~ (~eck a~lic~le syst~) : a. CO~ ~ILITY SYS~ b. CITX ~ILITY SYS~ c. ~CHIS~ ~ILITX SXS~ PROVIDE ~ d. PAC~GE ~~ P~ (G~ capaci~) e. SE~IC SYS~ % 6. ~PE OF ~ S~VI~ TO BE PR~D~: a. CO~Y ~ILI~ SYS~ b. CITX ~ILI~ SXS~ c. ~CHIS~ ~ILI~ SYS~ ~OViDE ~ , CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET ! // / As th'e author: zed agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary s~mittal info~a~ion may result in the delay of process this petition. Agent/Applicant signature Date ' C U 9 9 '"-i~'~'F~- CONDITIONAL USE APPLICATION\I~d/rev. 10/14/97 ~="= ~ ~ ~ ~ --'-~ -- SEP 1 q 1999 18 AFFIDAVIT We/I, ~/~//f~ ~/~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. We/I further permit the undersigned to act as my/our representative in any matters regarding this Petition. NAME OF OWNER (Print or type) SIGNATURE OF OWNER NAME OF OWNER (Print or type) SIGNATURE ~DF OWNER NAME ~F AGENT (P~[nt or type) NAME OF AGENT (Print or type) SIGNATURE OF AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this '~z~~-~% day of t~¢-J , !~q by ~t~ -~ ~-~ \%~ , who is personallykhown to me or who has produced ~ A~u~k ~kc~ as identification and who did ~) take an oath. ~.~ SEAL J (Print Name of Notary Public) NOTARY PUBLIC Serial/Co~ission f% My Co~ission Expires: C-~5-. ~ ~f~ 1~/29/97/~I FF-urt : PHOHE ~10, : 617 232' ?193 AF~:', 21 173:_:: 0;-2:Z':_::P'rl Fi 2172536 0R: 2306 PG: 0615 ~-,~Q 1144.G0 CU 99 13 ' Grantee S.S. No.: Property Appraiser's Parcel Grantee S.S. NO.: Identification No.: 00275280008 WARRANTY DEED THIS INDENTURE, made this /4 day of April, 1997, between VOLNE¥ T. DEREMER, grantor, whose address is 1815 Crayton Road, Naples, Florida 34102, to EDWARD REDDISH and ELSA REDDISH, husband and wife, whose address is 235 Warren Street. Bro0kline. HassaCnuset%$ 02~46 , grantee. WITNESSETN, that grantor for and in consideration of the sum of ten dollars, to him in hand pa~d by grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to grantee, his heirs and assigns forever, the following described land, situated, and being in Collier County, Florida, to wit: The West ~ of the South ~ of the North 658.60 feet of the South 2005.80 feet of the West ~ of the West % of the East % of the Northwest % of Section 36, Township 49 South, Range 25 East, Collier County, Florida; less the South 30 feet thereof which was previously conveyed by grantor to Collier County by warranty deed recorded at O.R. Book 1592, Page 1755, Public Records of Collier County, Florida. Subject to restrictions, reservations, and easements of record and the taxes for the year 1997. Subject also to an existing sewer assessment, with a curr~nt principal balance in the amount of $32,421.44, which grantee assumes and agrees to pay. Grantor affirms that the land iS an unimproved vacant lot and is not his homestead property. Grantor's place of residence is 1815 Crayton Road, Naples, Florida 34102. And grantor does hereby fully warrant the title to the land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has hereunto set\his hand and seal tAe date first above written. witness ~-~ Volney T. DeRemer AGENDA ITEM SEP 1999 State of Florida County of Collier The foregoin~ Application was acknowledged before me this ~ho-i% personally known t~--~6-q~.~or who has produce~ as identification and who did (did not) take an oath. SEAL ...9~,'~z,.¢.. Ad r. ia na D riso~ll ~a~ ~' ~o_mrmssJo~ # CC 7~83 '~' aOUDEDTHRU (Print N~me' °f'-N~y Public) ~e, rv ATLANTIC BONDING CO., INC. NOTARY PUBLIC Serial/Commission f# My Commission Expires: AGENDA ITEM $EP 1 1999 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHNIENT OF A REFUSE AND RECYCLING CONDITIONAL USE "14" IN THE "F' INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 2.2.16.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing r~gulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional U~ "14" of Section 2.2.16.3 in an 'T' Indusa'ial Zone for Refuse arid Recyling on the property hert~natt~ det, cribed, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrang,m~nt have b~m made concerning all applicable matters required by .said regulations and in accordance with Sub~ction 2.7.4.4 of the I..and Developme~.t Code for the Collier Gounty Planning Commjaaion; and WHEREAS, all inter, ed parties have ~ giv,n opportunity to be h~mt by this Board in a public meeting ~bled and the Board having considered all matters pr~ented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The p~fition filed by Terrance K~ple, P.E. of K~ple En~g, Inc. mgr~a~mtlng Elaa and Edward Reddish with resp~t to the property he~qnatter d~--ribed as: Exhibit "B" which is attached h~reto and mcorporatod by r~fer,mce ~ be and the same is hereby approved for Conditional Us~ "14" of Section 2.2.16.3 of the 'T' Industrial Zoning District for Refua, and Recycling in accordanc~ with the Conc~ Ma~tm' Plan (Exl~'bit "C") and subject to the following conditions: Exhibit "D" which is attached bemto and incorporat~ by r, fertnac~ h,~-i~ · -:-;.'Y-,~.'~:.::,!S ~ ' -- . ~ -~ LAND $URVEY .,. ~.o' ~ N89'21'O2"E 164.77'(D&C) ~C~TS~OE OUT,DE ~o--oIo~~o--~---~ , SET I ~--1 .?' FOUND CHAIN FENCE INSIDE CONCRETE MONUMENT I C U 9 ~AIN ~N~ I GA~ ~ IN~OE ~NS~DE PUMP ~ GUY STA~ EASEMENT ~ S89'2~'02"W ~64.56'(0&M) ~~'~ PROGRESS A VE~E 6o' R~ NOTES: ELEVATIONS ARE BASED ON N.G.V.D. 1929 DA~M. CENTER OF FLOOD ZONE "X" PANEL NO. 120087 0392 O. SECTION BEARINGS BASED ON NOR~-SOU~ QUAR~R LINE, N00'05'36'~[ T49S, R25E~' D=DEED, M:MEASURED. C=CALCULA~D ~=CENTER LINE, R/W:RIGHT OF WAY, PP:PO~R POLE. 'W~=WA~R METER, CO:CLEANOUT M~r. G. ~qq7 ~ ~vey ~ a~tlf~d to, ~ ~o~t~ ~ stated or ~ ~5~5 ~t$ ~ c~ of easts of FB No, ~l~__. p. ~[ ~d. It e ~t e certif~et~ of ..... Tit~. Z~g. Ee~e~ts ~ Freed~ fr~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: 1. Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the-Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, are, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr~: Compatible use wi~n district Yes No Based on the above findings, this conditional use should, with stipulation~,~l~gp~ attached) (should not) be recommended for approval ~, ,~l~J%~ %-- . EXHIBIT "A" f/FI~ING OF FAN C~AIRMAN/ SEP I I999 ;~}r', : PHL-~E ~. : GIT~-' T193 ~. 2'~ l,~'~::,,.. _ 0::::2':-'_$'1't. F'~' **' OR: 2306 PG: 0616 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /~ day of April, 1997, by VO~NEY ~DER~ER, who is personally ~0wn ~ me or who has produced ~/~ ~denti'~ic~on. /' ) ' Print name: ~~ State O~ Florida My commission expires: THIS INSTRUMENT PREPARED BY: FREDERICK C. KRAMER, ESQ. 950 North Collier Boulevard Marco Island, Florida 34145 AGENDA ITEM SEP 1 4 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99o13 The following facts are found: 1. Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the:L,~nd Development Code and Growth Management .P1/h: Yes , ~/' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: e~~ess Adequate ingress & Yes ~' No C. Affects~u~jhboring properties in relation to noise, glar~¢', economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~district Yes L/' No Based on the above findings, this conditional use/~d, with stipulations,~(cop/f at~ached) ~.~-]:_ :~-] ::~--t_~_]~,: r.e~ommen~ed for approval ~/~V~/ . ~/~~~/~ DATE: MEMBE ' BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjcme M. Student Assistant County Attorney g/adrmn/su~CU-gO-I 3 RESOLUTION AC-~.NDA IlF. J~ Retention Area Interior LondscoDing (2,§00 sf) 124.74 109.~'0 Proposed - Covered o.~ ~ So~ing Area ~.~ ~11~ ~ll I ~ A~A ~' SEP 1 ~ 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: 1. Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th~and Development Code and Growth Management ~)/an: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~r Adequate ingress ess Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~/~ithin district Yes ¥ No Based on the above findings, this conditional use should, with approvalStipulati°ns'/ (copy attached) (~e re¢o~~d>or f/FINDING OF FACT MEMBER/ AGENDA ITEJ~ SEP 1 1999 EXECUTIVE SUMMARY PETITION SNR-99-01, STEPHANIE YONGE, REQUESTING A STREET NAME CHANGE FROM WATERLOO ROAD TO WATERLOO COURT, LOCATED IN WATERWAYS OF NAPLES UNIT 2, IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST. OBJECTIVE: The Petitioner requests a street name change from Waterloo Road to Waterloo Court. CONSIDERATIONS: The Petitioner states that the reason for the change is "to accurately reflect that this residential street is indeed a court, a dead-end street" and that the proposed change "is an effort to reduce traffic on the street" for reasons of safety. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 12 owners of property abutting the street in question, 9, or 75 percent of the total number, have gi'anted their approval of the change. FISCAL IMPACT: None: the petitioner has agreed to bear the cost of replacing the street sign(s). GROVV'FH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 99- 01, changing the name of Waterloo Road to Waterloo Court. SEP 1 1999 PREPARED BY: RO§$ GOC~tENAGR, PLANNER II DATE CU ~RENT PLANNING RI 'IEWED I~: RONALD F. N~NO, AICP, DATE CURRENT PLANNING MANAGER /~,~~ .... ~- ?-~- ROBEF[T J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-99-01 SEP 1 ,~ 1999 NO SUBDIVISION P.B. PG. NO. SUBDIVISION P.B. PG. ~ WATERWAYS OF NAPLES UNIT ONE 27 55-56 2 WATER~AYS OF NAPLES UNIT TWO 29 7~-74 AGEN~ 5. SEP 1 & 1999 '~'- O SNR99-01 .~, DATE:I_ COMI'LETE THE FOLLOWI1NG FOR .&T.L AS~O~ON (S) AFFILI&TED WITH TI~.~ PETITION. ( Provide additional sheets ff necessary) ' Name of Homeowner Associafion: L~L~4~ t~ ~ HCY~I~LM-~,-~.~ ~x.%~~ Mailing Address cl~)c~:~ ~J. ~,~'td~,,C~ %~-lOC) City[~AgL~ i~.~ State I~C Zlp~ Name of Homeowner Association: Mailing Address City State __ Zip , Name of Master A~iaflon: Mailing Address City State __ Zip Name of Civic Association: MMllng Address City State __ Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICe3 DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANN~G 2800 NORTH HORSF.3HOE DRIVE - NAI'LF3, IrLORIDA 34104 AG E N [~.~m,~TE_~_ TELEPHONE (941) 403-2300, FAX (941) 643-~9~8 No. /'y T SEP 1 4 1999 Application for ~treet Nnme Ckange - 9/98 l~ge 2 of PROPOSED CHANGE: CURRENT ~AME OF STI~ET: b~t~ (oo ~d PROPOSED STREET STREET IN QUESTION IS: [~ public, or I-] private Reason for proposed change: T~ i '~ C.¢'~r~E ~ ~ -~ CtcCcx'c~_ k_a d t Approximate length of street:~.l~I/D 2-- Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: Applicant ]~does, or [] does not, agree to pay cost of street sign replacement for publ (approx. $100.00 per sign ) SEP 1 4 1999 Applica~oa for Street Name Chaale - 9~8 Pale 3 of List legal description(s) of properties abutting the street to be renamed. (Attach additional page~ if necessary) A. Subdivision: ~A)/~'4~fl_~ ~ ~ l~ ~__~ Unit No. ~. Tract No. ~ la A. Section: I~"~ Township: ~-~ Range: (2~~-') B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivi~o~: Uait No. Tract No. Section: __ Township:, Range: F. Subd/v/~ion: Unit No. Tract No. Section: __ Towmship: Range: PETITION s N R 9 9- 0 I "~ ~ TO: TI:rE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST ~ BOARD OF COUNTY COMMISSIONERS TO CHANGE TI:~. NAME OF TI:~. FOLLOWING STREET NAME FROM AGENDA~j ~;' · i i~ SEP ~ & ~999 Application for Strm Name Change - 9~8 Page 5 of 5 ~T TO ~A~E {SIT, E LOCATION OIL NELL flOAD IMMOKALEE ~OAO GATE ~ ALLIGATOR ALLEY INTESTATE 75 , ~') LOCATION LEGAL DgSCRIPTIO~: Section 16, Township RangeplatParcelBook27,12 ~aterwaYs29, Pages of71_76~aples Hnit T~o, formerly ADDRESSES FOR WATERWAYS OF NAPLES UNIT TWO Lot 31 3350 Mystic River Drive " 31 750 Waterloo Road ' 32 754 " " " 33 758 " " " 34 762 " " " 35 766 " " " 36 770 " " " 37 774 " " " 38 778 " " " 39 782 " " " 40 786 " " " 41 790 " " " 42 791 " " " 43 787 " " " 44 783 " " " 45 779 " " " 46 775 " " " 47 769 " " " 48 763 " " " 49 755 " " " 50 751 " " " 50 3356 Mystic River Drive " 51 3360 " " " " 51 800 Willow Springs Court " 52 804 " " " " 53 808 " " " " 54 812 " " " " 55 816 " " " " 56 820 " " " " 57 824 " " " " 58 823 " " " " 59 819 " " " " 60 815 " " " " 61 805 " " " " 62 801 " " " " 62 3368 Mystic River Drive " 63 3378 " " " " 64 3382 " " " " 65 3386 " " " " 66 3390 " " " " 67 3396 " " " " 68 3349 " " " " 69 3353 " " " " 70 3357 " " " " 71 3361 " " " " 72 3365 " " " " 73 3369 " " " " 74 3373 " " " " 75 3377 " 76 3381 " " " " 77 3385 " " " " 78 3389 " " " AGE N [~,,jTE M " 79 3393 " " " No. " 80 339.7 " " " " 81 3401 " " " SEP 1 4 1999 z RESOLUTION NO. 99- 2 4 RESOLUTION RENAMING WATERLOO ROAD s TO WATERLOO COURT. WHICH STREET IS 6 LOCATED IN WATERWAYS OF NAPLES ULN'IT ? 2. IN SECTION 14, TOWNSHIP 48 SOLU'H. a RANGE 27 EAST, COLLIER COL,'NTY, 9 FLORIDA. ~o ~ 1 WHEREAS, the Board of County Commissioners is authorized pursuant to authority of la Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state ~3 roads; and z4 WHEREAS, the Board of County Commissioners has been requested to confirm the ~s renaming of Waterloo Road to Waterloo Court. This street is located m Section 14, Township 48 16 South, Range 27 East, Collier County, Florida, Waterways of Naples Unit 2, according to the ~7 plat thereof, recorded in Plat Book 29, Pages 71 through 74, of the Official Records of Collier ~ s County., Florida; ~9 WHEREAS, there appears to be no street in Collier County with this name or any similar 20 sounding name; and 21 WHEREAS, it is necessary for identification purposes to confirm the name of this 22 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COL... 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 24 The name of this street is hereby changed from Waterloo Road to Waterloo Court and is 25 confirmed as such. 26 BE IT H. fRTHER RESOLVED that this Resolution be recorded in the Public Records of 27 Collier County, Florida and noted upon the maps of the street and zoning atlases of Collier 28 County, and notations made on the referenced Plat. 29 This Resolution adopted after motion, second and majority vote. 30 Done this day of ,1999. 32 ATTEST: BOARD OF COUNTY COMMISSIONERS 33 COLLIER COUNTY, FLORIDA 34 ~5 36 BY: 3~ DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, Chairwoman 39 4o Approved as to Form and Legal 4~ Sufficiency: 4 s .~sistant County Attorney " SE? 47 g/adrmwsue SNR-99~ I/Resolution pg...._..- =------~ EXECUTIVE SUMMARY PETITION SNR-99-2, JEFFREY A. NUNNER, REPRESENTING THE V GROUP OF FLORIDA, INCORPORATED, REQUESTING A STREET NAME CHANGE FROM NAPA BOULEVARD TO CLEVELAND CLINIC BOULEVARD, LOCATED IN VINEYARDS SUBDIVISION, IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IN GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from Napa Boulevard to Cleveland Clinic Boulevard. CONSIDERATIONS: The Petitioner states that the reason for the change is "as a public benefit to aid patients and visitors to the Cleveland Clinic." The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 7 owners of property abutting the street in question, all 7, or 100 percent, have granted their approval of the change. FISCAL IMPACT: None: the petitioner agrees to bear the cost of street sign replacement. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 99-2, changing the name of Napa Boulevard to Cleveland Clinic Boulevard. No SEP i 4 1999 N S ~ ~// -% · pLII) ! / ~ / 1 (TIIE VINEYAI{D,g) .... TRACT 41 P BOULEVARD / TRACT L-1 ~. (TO BE CHANGED TO CLEVE~ND CLINIC BLVD)* PUD TRACT 26 (TUE VtNE¥^R~S) PUD TRACT B ~ (ASTRON PLAZA): ~" 3 ~"~ STREET SIGN INVENTORY 1-Decorative painted wood sign on the south east corner of Nap, a Blvd. and Vineyards Blvd. Stop sign above street signs. 2-- Single street sign ('NAPA BLVD.') on 4x4 wood post facing west. 3- Double sign ('NAPA BLVD'&'101H AVE. S.W.') J on round metal pole with a STOP sign. ~ / TO 1-75 PREPARED BY: R~S~ GOGH~NAUR, PLANNER Ii DATE CURRENT PLANNING REVIEWED BY: /F~ONALD F. NINO, AICP, ~ ' DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-99-2 AG E N I~,,llT..,i~ SEP I 4 1999 THE V GROUP OF FLORIDA, INC. April 23, 1999 5NR99-02 Mr. Ross Dochenaur, Planner Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34108 RE: Napa Boulevard Street Name Change Dear Mr. Dochenaur: Pursuant to our conversation yesterday, attached please find the revised Application for Street Name Change for Napa Boulevard. According to our conversation, you will attached the original petitions to this revised application. 1 have also enclosed a new check. I appreciate all your assistance with this application. Should you need further information, please do not hesitate to contact me. sincerely, THE V GROUP OF FLORIDA, INC. SusanM. Copean ~ ~~''~ Office Manager smc Attachment AGEND,~ ~T~Ji~'=''' Nc,, ~ SEP I 4 1999 ^RCH T CTUR .PRO.CT I T R OR 5150 TAMIAMI TRAIL NORTH, SU1TE 600 ' NAPLES, FLORIDA 34103 ' 941/263-3700 ' FAX 941/263-9117 (__ ~~~~N FOR STREET NAME CHANGE' ~tXPR2~.aa ~ SNR99-02 DATE: '~ AGENT'S N~: aoffrey ~. ~or . Telephone No. {94~ ) 263-3700 AGENT'S~M: The V Group of Florida, Inc. FaxNo. {94~ ) 263-9117 AGENT'S~D~SS: 5150 Nor~ T~i~ ~ail, Suite 600, Naples, ~ 34103 Clevel~d Clinic Florida (95~ 978-7483 PETITIO~R'S N~: Telephone N.o. PE~O~R'S~D~SS: 3000 West ~ress ~k Road, ~. ~uderdale, Florida 33309 COMPLETE ~ FOLLO%~G FOR ~L ASSOCIATION (S) ~~TED %~TH T~S PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: ~Iailing Address City State __ Zip Name of Homeowner Association: 5~ailing Address CiQ' State __ Zip. Name of 5Iaster Association: 5'Iailing Address Ci~ State Zip ~ame of Civic Association: blailing Address City State __ Zip CO~E~IUNITY DEVELOPM;ENT AND ENVIRONMENTAL SERVICES DMSION PLPdNNING SERVICES DEPART~IENT/CIJRRENT PLANNEqG 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 AGEND~ No, / TELEPHON'E (941) 403-2300, FAX (941) 643-6968 SEP 1 4 1999 pg. Application for Street Name Change - 11/98 Page 2 ors PROPOSED CHANGE: CURRENT NAME OF STREET: Napa Boulevard Cleveland Clinic Boulevard PROPOSED STREET NAN[E: STREET IN QUESTION IS: [] public, or [] private As a public benefit to aid patients and visitors Reason for proposed change: to the Cleveland Clinic. It should also be noted that the Cleveland Clinic is the owner of Astron Plaza PUD and plans to develop this site with complimentary uses to the medical facility on the north side of Pine Ridge Road. Approximate length of street: .35 Number of parcels or lots abutting street: 7 Total Number of property owners abutting street to be renamed: 7 7 Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: ! 00 Applicant I-X] does, or I~[ does not, agree to pay cost of street sign replacement for public street, (approx. $100.00 per sign ) AG E ND.t~TE~& SEP 1 4:1999 pg. Application for Street Name Change - 11/98 Page 3 of 5 LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Subdivision: v:i. neyards Unit No. One Tract No. D A. Section: 8 Township: 49 Range: 26 B. Subdivision: Vineyards Unit No. One Tract No. B B. Section: 8 Township: 49 Range: 26 C. Subdivision: Vineyards Unit No. One Tract No. 4 8 49 26 C. Section: Township: Range: D. Subdivision: Vineyards Unit No. One Tract No. L-1 D. Section: 8 Township: 49 Range: 26 E. Subdivision: V±neyards Unit No. ONe Tract No. 1,-2 8 49 26 E. Section: Township: Range: F. Subdivision: Golden Gate EstatesUnit No. 33 Tract No. 26 F. Section: 17 Township: 48 Range: 26 G. Subdivision: Golden Gate Estat~,~it No. 33 Tract No. 41 G. Section: 17 Township: 48 Range: 26 AGEN~#TEM No. ri SEP 1 4 1999 Pg. PETITION TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONES TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM OAKS BOULEVARD TO CLEVELAND CLINIC BOULEVARD. · ~ i LEGAL SIGNATURE ADDRESS DESCRIPTION DATE ~/~__~ Cleveland Clinic Florida Tract 26 r'- 3000 West Cypress Creek Road 'Ft. Lauderdale, Florida 33309 \. lk [X~N,j\ ~ -~//t~ Napa210 TupeloRidge RoadPr°perties' Inc. Tract 41 --N'a~es, Florida 34108 No. II '-V SEP 1 4:1999 PETITION TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONES TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM NAPA BOULEVARD TO CLEVELAND CLINIC BOULEVARD. LEGAL SIGNATURE ~ ADDRESS DESCRIPTION DATE 4200 Gulf Shore Blvd., North Tract D Naples, Florida 34103 C&E Love, Inc. Tract 4 /+ - ] ~ - q c~ 6065 Pine Pddge Road Naples, Florida 34119 3000 West Cypress Creek Road 4' I ~r-' 5 c~ ~' Ft. Lauderdale, FL 33309 Michael Procacci L- 1 ./9 ' c/o Vineyards Development Corp. 4' ! ~'' ~ ~ ~-"(~ ~~ .-98 Vineyards Blvd. Naples, Florida 34119 Michael Procacci L-2 ~~~ c/o Vineyards Develop. Corp. ~/. / .5", ~' ~' ~98 Vineyards Blvd. Naples, Florida 34119 A G E N D~T E,E,E,E,E,E,E,E,E,~ ~o. "'-/ r,J SEP 1 4 1999 ~..,-... 1 RESOLUTION NO. 99- 3 4 RESOLUTION RENAMING NAPA BOULEVARD TO 5 CLEVELAND CLINIC BOULEVARD, WHICH STREET IS 6 LOCATED 1N THE VINEYARDS SUBDIVISION, LOCATED IN 7 SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND 8 ALSO LOCATED IN THE GOLDEN GATE ESTATES 9 SUBDIVISION, LOCATED IN SECTION 17, TOWNSHI~ 48 10 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR.IDA. :1.2 WHEREAS, the Board of County Commi.nsioners is authorized pursuant to authority of Chapter 336.05, 13 Florida Statutes, to name or rename streets and roads, except for certain state roads; and 3-4 WHEREAS, the Board of County commissioners has been requested to confLrm the renaming of Napa 3.5 Boulevard to Cleveland Clinic Boulevard. This street is located m Section 8, Township 49 South, Range 26 East, 3-6 Collier County, Florida, Vineyards Subdivision, according to the plat thereof, recorded in Plat Book 14, Pages 67 17 through 97, and in Section 17, Township 48 South, Range 26 East, Collier County, Florida, Golden Gate Estates 3. 8 Subdivision, according to the plat thereof, recorded in Plat Book 7, Page 60, of the Official Records of Collier 19 County, Florida; 20 WHEREAS, there appears to be no street in Collier County with this name or any simi]sr sounding name; 21 and 22 WHEREAS, it is necessary for identification purposes to confirm the name of this street, 23 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 24 COLLIER COUNTY, FLORIDA: 25 The name of this street is hereby changed from Napa Boulevard to Cleveland Clinic Boulevard and is 26 confm-ned as such. 27 BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, 2 8 Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the 2 9 referenced Plat. 30 ~ Resolution adopted after motion, second and majority vote. 33. Done this day of ,1999. 32 33 AT'FEST: BOARD OF COUNTY COMMISSIONERS 34 COLLIER COUNTY, FLOR.IDA 35 36 3 7 BY: 38 DWIGHT E. BROCK, Clerk PAMELA S. MAC'ICIE, Chairwoman 39 4O 41 Approved as to Form and Legal 42 Sufficiency: 43 --r-, · 4 5 Marjo~ie M. Student 46 Assistant County Attorney 47 A G E N D~,,..~' E M.~ 48 g/admin/sue SNR-gg-02/Resolution No. ~ 49 SEP 1 4 1999 /0 __ EXECUTIVE SUMMARY PETITION SNR-99-03, TOM MASTERS, REPRESENTING VINEYARDS DEVELOPMENT CORPORATION, REQUESTING A STREET NAME CHANGE FROM TERRA VIA COURT TO TERRACINA COURT, LOCATED IN TERRACINA IN THE VINEYARDS PUD, IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change from Terra Via Court to Terracina Court. CONSIDERATIONS: The Petitioner states that the reason for the request is to correct a platting error. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the two owners of property abutting the street in question, both have granted their approval of the change. FISCAL IMPACT: None. This is a private street and no street signs are in place. GROW'FH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 99-3, changing the name of Terra Via Court to Terracina Court. SEP 1 4 1999 PREPARED BY: R~;S ~HENAUR, PLANNER Ii CURRENT PLANNING WED ~Y: I~O NALb-I~. ~ I ~7, Al CP, DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR VlNC~ENT A.~C/~UTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-99-3 SEP 1 4 1999 GR~kPHIC SCALF. ~wO0O SUaOr.~o. # SHE'ET 3 OF ~-'"-"" ' " '~'"-~* I TERRACINA AT ~ V~I,~YARD~, UI4T ONE ® ~*~' ~"* ~'~ ..... --- -,.~,. ~..,~. '"~ "'" ~' THE VINEYARDS cL-..,.~='~.:~ O A SUBDIVISION OF PART OF TRACT BB, AND A REPLAT OF (~) ~' A PART OF TRACT L~22, THE VINEYARDS, UNIT 3A, AND REtNO A PORTION OF SECTION 5 ANO SECTION 8. TOWNSHIP '"~ ~) 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 17, PAGES 7 THROUGH *18, OF (s(~ 0 ' TRACT L-22B THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. {D.EJ TRACT L-22A (~) """L~ (D.EJ ~ ~c.u.~ 05/11/99 ,14:16 FaX 9416436968 COLLIER CO COMMUNITY DEV ~001/003 A~I~,ICA?ION FOR STREET NAME CHAIt,?E CoUier ~u~ Ordin~m~ 97-9 ~tes that Coun~ ~e~ may ~ ~ed ~ a ~tt~n of fd~ ~rcent plus one of ~e pro~ o~ers abut~g ~e street to ~ rcn~ed ~o~ded that ~e proposed n~e d~s not duplicate ~ e~s~g n~e. m~t ve~ ~ ~, Addressee beton of the ~ier Co~ ~p~ent (~3-~4,82) ~t thc proposed ~e h not t gup~n ~ to desc~b~g ~e p~o~,e~ ch~ge m: Ron~d ~. N~0 Cu~nt ~:~g M~a~r Co~m~ E ~elopment ~mcea 28~ North Horseshoe D~ve Naples, ~L The applica~on mus~ ~clude ~e foHo~g: 1. A ~on of fif~ ~rcent pl~s one of ~e pro~ o~ers abu~ng ~e s~eet to ~ renamed 2. A site pl~a of ~e ~eet W ~ renamed, sho~& ~e 1~ oi the s~t in ~oths of ~es, ~e loca~on ~d number of s~eet m~s, ~d ~e ~ of abut~ proxies 3. ~e le&~ des~pgon of ~e abut~g pr~r~es, including s~on. to--ship, r~Ee, ~d sub~aion (as apphcable) 4. ~e reaso a for req~es~g the ch~ge S. ~ a~[s~a~ve fee of $10 (ten) plus $1 (one) for each pro~ o~er requ~g no~fi~on of ~e pro. sad n~e ch~ {check to ~d of Coun~ Co~mlssioners) . . Apphc~t ~ ~, ~'~r ~ t~e~ ~t ~ to ~7 cost of pubUc s~eet ~1~ p~ si~) Number of ahut~g pro~ o~s ~ Numar of o~ers ~g~ ~s~p~on {section, to--ship, r~gc, ~d/or su~sion, as ~ppU~ble) of abu~g pro~rfieu; ~dd se~ate ~e ~ne~s~) AG E N D/~T~II~ 05/11/99 14:16 FAX 9S15S56965 COLLIER CO PETITION TO T~E ~O;.RD OF COUNTY COMMISSIONERS OF COLLIEK COUNTY, FLORIDA: TH~ UNDERSIGNED PETITIONERS HEREBY ~EQUEST THE BOA~J) OF COUNTY COMMISSIONERS lO CHA~GE THE NA/~ OF THE FOLLOWING DESCRIBED FOR TH£ FOLLO%;I~G REASON(S): S IGNATL~~ ~DRES~ AEG~ DESC.. '' DATE SEP 1 4 1999 05/11/99 14:16 FAX 94154~$95~ COLLIER CO COMMUNIT¥ D£¥ ~}005/005 STR.E~ NA,Mg CHAI~GE P'L'TITION INFORMATION APPLICANT gNR 99-. ; -~tre~;t name change from ~]~ ~'~'& //: ~ ff----~ ~"' Thc ~Property Appraiser's Office list dated indicates that there are 7 properties abutting the street for ~thich rer%-mlng has been proposed. The attached petition con~in, the signatures of the owner(s) of ~ of ~ese properties. This number constitutes /~t:>' l~rccnt of the total number of propertic~, thereby mteting or exceeding the min~um number of 50 percent plus one required to apply for t1~e s~reet r~m-ne ch~.nge. Tl~is irxformation i~ true and accurate to the best of my know]~tge. AGEN t SEP i A 1999 s RESOLUTION NO. 99- 2 ~ RESOLUTION RENAMING TERRA VIA s COURT TO TERRACINA COURT, WHICH 6 STREET IS LOCATED IN THE VINEYARDS 7 SUBDIVISION, LOCATED IN SECTION 5, s TOWNSHIP 49 SOUTH, RANGE 26 EAST, 9 COLLIER COUNTY, FLORIDA. :0 :: WHEREAS, the Board of County Commissioners is authorized pursuant to authority of :~ Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state :3 roads; and 24 WHEREAS, the Board of County Commissioners has been requested to confirm the :5 renaming of Terra Via Court to Terracina Court. This street is located in Section 5, Township 49 :6 South, Range 26 East, Collier County, Florida, in the Vineyards, according to the plat thereof, :7 recorded in Plat Book 29, Pages 88 through 93, of the Official Records of Collier County, xo Florida; :s WHEREAS, there appears to be no street in Collier County with this name or any similar 20 sounding name; and 2: WHEREAS, it is necessary for identification purposes to confirm the name of this street, 22 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 24 The name of this street is hereby changed fi.om Terra Via Court to Terracina Court and is 25 confirmed as such. 26 BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of 2, Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier 28 County, and notations made on the referenced Plat. 29 This Resolution adopted after motion, second and majority vote. 30 Done this day of ,1999. 32 ATTEST: BOARD OF COUNTY COMMISSIONERS 33 COLLIER COUNTY, FLORIDA 34 35 36 BY: 37 DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, Chairwoman 38 39 40 Approved as to Form and Legal 4 s Sufficiency: 42 44 Marjorie M. Student - AGI:Ni~ ~- 4 5 Assistant County Attorney No. -4--~ 46 4 7 g/adrmn/sue SNR-99-03/Resolution 4S SEP 1 'l 1999 EXECUTIVE SUMMARY PETITION SNR-99-4, MICHAEL J. LANDY, REPRESENTING BUTLER ENGINEERING, REQUESTING A STREET NAME CHANGE FROM WATERWAYS BOULEVARD TO GRAND RAPIDS BOULEVARD, LOCATED IN WATERWAYS OF NAPLES SUBDIVISION, IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST. OBJECTIVE: The Petitioner requests a street name change from Waterways Boulevard to Grand Rapids Boulevard. CONSIDERATIONS: The Petitioner states that the reason for the change is to eliminate the duplication of an existing street name. The Petitioner has met the requirements for requesting a street name change. The proposed name does not duplicate an existing street name. The single owner of property abutting the street in question has granted his approval of the change. FISCAL IMPACT: None: the petitioner agrees to bear the cost of changing street signs. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 99-4, changing the name of Waterways Boulevard to Grand Rapids Boulevard. S E P 1 4:1999 ! LP~opo~d) ~l H f IDB 2203/1712-73} UJ / PREPARED BY: R~S~ GOGI:::JENAUR, PLANNER II DATE CURRENT PLANNING ~N'ALD~. I{11~O, AICP, DATE CURRENT PLANNING MANAGER RE DATE PLANNING SERVICES DIRECTOR AP ED BY: .- / _ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SNR-99-4 AG ENI~TJEM NO. J/ "~'-- SEP :[ ,~ 1999 1999 SNR99-04 APPLICATION FOR STREET NAME CHANGE DATE: 04 May 1999 AGENT'S NAME: Michael J. Landy Telephone No. (941) 566-3636 AGENT'S FIRM: Butler Engineering, Inc. Fax No. (941) 566-1327 AGENT'S ADDRESS: 2223 Trade Center Way Naples, FL 34109 PETITIONER'S NAME: Waterways Joint Venture Telephone No. (941) 352- 6610 PETITIONER'S ADDRESS:3323 Mystic Avenue Naples FL 34120 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION; : .--- ( Provide additional sheets if necessary.) Name of Homeowner Association: Waterways of Naples Homeowners Association Mailing Address 3323 Mystic River Drive City Naples Stale FL Zip 34120 Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Waterways of Naples Homeowners Association Mailing Address 3323 Mystic River Drive City Naples State FL Zip 34120 Name of Civic Association: N/A Mailing Address City State ~ Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 ,, TELEPHONE (941) 403-2300, FAX (941) 643-6968 SEP i 4 1999 Application for Street Name Change - 9/98 Page of ~ g~g..L__ 4 ~ PROPOSED CHANGE: CURRENT NAME OF STREET: WaterwayS Blvd. : PROPOSED STREET NAME: Grand Rapids Blvd. STREET IN QUESTION IS: [] public, or [] private Reason for proposed change: Duplication of N~r.~ Approximate length of street: 28oo, Number of parcels or lots abutting street: 40 original owner still owns Total Number o£property owners abutting street to be renamed: 1 - all lots within subdivision Total Number of property owners signing petition to change street name: 1 Percentage of property owners signing petition: 100°~ : AGEND~U Applicant [] does, or ['-1 does not, agree to pay~cost of street sign replacement ~r publi~ (approx. $1o0.0o per sign ) SEP 1 ~ ]99g AppUc~tion for Street Name Change - 9/98 ~ 'age 3 .__ ~ ~ -r .-.---- LOCATION: List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary.) Subdivision: Waterways of Naples Unit No. 3 Tract No. N/A A. Section: 14 Township: 48 Range: 27 B. Subdivision: Unit No. t4 Tract No. .---~ B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: Subdivision: Unit No. Tract No. l). Sect/on: ~ Township: Range: F. Subdivision: Unit No. Tract No. F. Section: __ Township: Range: No, SEP 1 4 1999 PETITION TO: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM WaEnr~ny~ ~ vd. TO Grand Rapids B~V~.. · SIGNATURE ADDRESS LEGAL DESC. DATE ~,~ / __ ~_/ ~3__tgrw~ys Joint V~cur~ Lots 82 thru 122 cf ~ Mystic Ri~r n~i~ Water~ys of .N~?_es U~it 3" 04 M~¥ 1999 A]51ic N=m,"ds cf fbllier SEP 1 199 Application for Street Name Change- 11/98 Page 5 z RESOLUTION NO. 99- ~ 2 3 4 RESOLUTION RENAMING WATERWAYS s BOULEVARD TO GRAND RAPIDS 6 BOULEVARD, WHICH STREET IS LOCATED ? IN THE WATERWAYS OF NAPLES 8 SUBDIVISION, LOCATED IN UNITS 3 AND 4, 9 SECTION 14, TOWNSHIP 48 SOUTH, RANGE ~0 27 EAST, COLLIER COUNTY, FLORIDA. :2 WHEREAS, the Board of County Commissioners is authorized pursuant to authority of ~3 Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state ~.4 roads; and ~s WHEREAS, the Board of County Commissioners has been requested to confirm the ~6 renaming of Waterways Boulevard to Grand Rapids Boulevard. This street is located in Section l? 14, Township 48 South, Range 27 East, Collier County, Florida, Waterways of Naples ~8 Subdivision, according to the plat thereof, recorded in Plat Book 31, Pages 35 through 42, of the 19 Official Records of Collier County, Florida; : o WHEREAS, there appears to be no street in Collier County with this name or any similar 2 ~ sounding name; and 22 WHEREAS, it is necessary for identification purposes to confirm the name of this street, 23 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 2s The name of this street is hereby changed from Waterways Boulevard to Grand Rapids 26 Boulevard and is confirmed as such. 27 BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of 28 Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier 29 County, and notations made on the referenced Plat. 30 This Resolution adopted after motion, second and majority vote. 3x Done this day of ,1999. 32 33 ATTEST: BOARD OF COUNTY COMMISSIONERS 34 COLLIER COUNTY, FLORIDA 35 36 37 BY: 38 DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, Chairwoman 39 40 4 ~ Approved as to Form and Legal ~ 42 Sufficiency: as MarjoriwM. Student 4 6 Assistant County Attorney 4' SEP 1 4 1999 48 g/adrnin/sue SNR-99-04/Resolution 49 EXECUTIVE SUMMARY PETITION VAC 99-008 TO VACATE THE 20' WIDE LAKE MAINTENANCE EASEMENT ON LOTS 106, 130, 131, t33, 134 AND 135 AND TO ACCEPT A 20' WIDE LAKE MAINTENANCE EASEMENT AS A REPLACEMENT EASEMENT AND TO VACATE THE 15' WIDE DRAINAGE EASEMENT ON LOTS 124, 125, 141 AND 142 AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT, ALL ACCORDING TO THE PLAT OF "GLEN EDEN, PHASE ONE", AS RECORDED IN PLAT BOOK 29, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described Lake Maintenance Easements and Drainage Easements and to accept Lake Maintenance Easements and Drainage Easements as replacement easements. CONSIDERATIONS: Petition VAC 99-008 has been received by the Planning Services Department from Mark W. Minor, P.E., of Q. Grady Minor & Associates, P.A., as agent for the petitioner, Revco/GE Joint Venture requesting the vacation of the above-described Lake Maintenance Easements and Drainage Easements to accommodate proposed residential construction. They are also requesting that Collier County accept Lake Maintenance Easements and Drainage Easements as replacement easements. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the Coun~,'s cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: Adopt the Resolution for Petition VAC 99-008 for the vacation of the above-described 20' wide Lake Maintenance Easements and 15' wide Drainage Easements; and 2. Approve and accept the replacement easements: and 3. Authorize the execution of the Resolution by it's Chairman and direct the Clerk to the Board to record the replacement Lake Maintenance Easement and Drainage Easement documents and to record a certified copy of the Resolution in the Public Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. Rick Grigg, P.S.M. ~omas E. Kuck, P.E., Engineering Rehew M~ageffCo~ Engineer ~UEWED BY: /~'~--~ ............ DATE: Robe~ M~here, ~CP ,~ Pl~e~ices Depa~irector Vincent A. ~tero, ~CP, A~strator Co~um~ Development & Enviromen~l Se~ices 1 RESOLUTION NO. 99- 3 RESOLUTION FOR PETITION VAC 99-008 TO VACATE THE 20' WIDE LAKE 4 MAINTENANCE EASEMENT ON LOTS 106. 130. 131, 133, 134 AND 135 AND 5 TO ACCEPT A 20' WIDE LAKE MAINTENANCE EASEMENT AS A 6 REPLACEMENT EASEMENT AND TO VACATE THE 15' WIDE DRAINAGE 7 EASEMENT ON LOTS 124, 125. 141 AND 142 AND TO ACCEPT A 15' WIDE 8 DRflurNAGE EASEMENT AS A REPLACEMENT EASEMENT. ALL 9 ACCORDING TO THE PLAT OF "GLEN EDEN, PHASE ONE", AS RECORDED 10 IN PLAT BOOK 29, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER II COUNTY, FLORIDA, LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH. 12 RANGE 25 EAST. 13 14 WHEREAS, pursuant to Seclaon 177.101, Florida Statutes, Mark W. Minor, P.E., of Q. Grady 15 Minor & Associates, PA., as agent for the pentioner, Revco/GE Joint Venture, does hereby request the I6 vacauon ofthe 20' wide Lake Maintenance Easement on lots 106, 130, 131, 133, 134 and 135 and to accept a 17 20' Unde Lake Maintenance Easement as a replacement easement and to vacate the 15' wide Drainage 18 Easement on lots 124, 125, 141 and 142 and to accept a 15' Uncle Drainage Easement as a replacement 19 easement, all according to the plat of "Glen Eden. Phase One", as recorded in Plat Book 29. Pages 86 and 87. 20 Public Records of Collier County., Flonda~ located m Section 9, Township 48 South, Range 25 East;and 21 WHEREAS, the Board has this day held a-public heanng to consider vac-anng Smd 20' Unde Lake 22 Maintenance Easements and 15' wide Dra~rm_se Easements, as more fifily described below, and nonce of Smd 23 public hearing to vacate was given as reqmred by law; and 24 WHEREAS, the granting of the vacation W~ll not adversely affect the ownership or right of convemem 25 access of other property owners. 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 27 OF COLLIERYC-OUNTY, FLORIDA, that the folloWing be and is hereby-vacated: 28 See Extubit "A" attached hereto and incorporated herem. 29 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 30 COLLIER COUNTY, FLORIDA. that the 20' W~de Lake Maintenance Easements and 15' unde Drainage 31 Easements, more pamcularly described m Exhibit "B" attached hereto and incorporated heretn, is hereby 32 accepted as the replacement easements for the Lake Maintenance and Drainage Easements vacated hereto. 33 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a cernfied 34 copy of this Resolution tn the Official Records of Collier County., Florida, and to make proper notanon of this 35 vacaUon on the recorded plat as referenced above. 36 Tbs Resolution adopted after morion, second and majority, vote favoring same. 3 7 DATED: 38 ATTEST: BOARD OF COUNTY COMMISSIONERS 39 DWIGHT E BROCK, Clerk COLLIER COUNTY, FLORIDA 40 41 BY; 42 PAMELA S. MAC'KIE, Chairwornan 43 44 Approved as to form and legal 45 SUfficiencY: 48 Heldi Fi 49 Agsi~rlt County At~mey AGE~A ITEM SEP 1 q 1999 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRAVY MINOR, P.E. ALAN V. ROSEMAN MARK W. MINOR, P.E. ROBERT W. THINNES, A.I.C.P. C. DEAN SMITH, P.E. ERIC V. SANDOVAL, P$.M. DAVID W. SCHMITT, P.E. TOM CHERNESKY, P$.M. Glen Eden Phase One Easement Vacation Legal Description gl~ I of 1 VAC 99-008 Parcels of land located in Section 9, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: 1) 20 foot wide Lake Maintenance Easement across Lots 106, 130, 131, 133, 134 and 135, Glen Eden Phase One, Plat Book 29, Pages 86 and 87. Public Records of Collier County, Florida. 2) 15 foot wide Drainage Easemeht across Lots 124, 125, 141 and 142, Glen Eden Phase One, Plat Book 29, Pages 86 and 87, Public Records of Collier County, Florida. F:GE1 .V (941) 947-1144 · FAX (941) 947-0375 · E-Maih QGMAOaol.com ~ ~-* 1 ~1999 3800 Via Del Rey · Bonita Springs, Florida 34134 Remm to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 Exhibit "B" Slam~ loll3 VAC 99-008 LAKE MAINTENANCE EASEMENT (Glen Eden, Phase One, Lots 106, 130, 131, 133, 134 and 135) THIS EASEMENT, granted this .~x',~ day of ),tlU~,,c'q.- , 1999, between REVCO/GE JOINT VENTURE, a Florida'general partne~q~ip, as G/~NTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the stun ofTEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, perpetual, non-exclusive easements, license, and privilege to enter upon the following described lands being located in Collier County, Florida, for purposes of maintaining the lake and banks thereof abutting or adjacent to the same and to install and maintain lake maintenance facilities thereon: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with ~--. the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and lake maintenance facilities thereon. GRANTOR and GRANTEE re n~,~d fc~r - AGENDA ITEM singular or plural, as the context requires. ~.~/ SFP 1 1999 QB~AP\ 172021.1 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Sh~t 2 of 13. VAC 994~8 Signed, sealed and delivered in our presence: REVCO/GE JOINT VENTURE, a Florida general partnership ..X,~;( ~-t~_ :? ] ')~ ~"~C~'~ By: (Corporate Seal) Witness #1 " REVCO HOLDINGS, INC., a Florida Print Name Below: corporation, as General Partner Witness #2 Print Name Below: STATE OF FLORIDA COUNTY OF COLLIER .-, The foregoing instrument was sworn to and subscribed before me this ,?~C¢~ay of .,'zt tLL~ t~t..-- , 1999, by Gary Kinsella, as President of Revo Holdings, Inc., a Florida zSrporation, :~as General Partner of REVCO/GE JOINT VEhrrURE, a Florida general p armership, who is personally known to me. /..~~/ // N-'-~T X'RY PU.BL_L_JC (SEAL) My Commission Expires: (Print name below) AGENDA SEP 1 1999 LEGAL DESCR I PT I ON That certain 20 Coot wide Lake Nalntenance Easement [L.N.E.] being all that part of LOT I06. GLEN EOEN PHASE ONE, and all that part of THACT 'L~2', according to the Plat thereof as recorded tn Plat Book 2g, at pages 86 and The easterly 16 feet of said LOT 106 (the intention is for this easement to terminate at the side lot lines), together with all that part of said TRACT 'L-2' bounded as folio.s; On the Nest by the easterly lines of said LOT easterly extension of the northeasterly line of said LOT tO6 .... On the South by the easterly extension of the southerly line of said LOT 106 .... and on the East by a line four (41 feet easterly from, and parallel and/or concentric to, the said easterly line of LOT t06. EASI LINE OF LOt GLEN EOeN PHASE ONE LAKE A ND DRA INA GE EA SEMEN T 4=04011'45" A=7. 32' , S05~ 05~ 3~"E 7. 3~ ~m LEGAL DESCR I PT I ON ' m That certain 20 foot wide Lake NalntenancP- Easement [L.M.E] being all that ~ part of LOT ~3D, GLEN EDEN PHASE ONE, and all that part of TRACT 'L-3", ~ according to the Plat thereof as recorded In Plat Book 29, at pages B6 and ~~o~~m~~ 87. Public Records of Collier County, Florida, being more particularly =~=~====~~=== ~ described 8s fOIIOHS; ~~~=~~ Z The ~esterly ~6 feet of said LOT t30 [the intention is CoP this easement to ................... ~ terminate at the side lot lines), together uith all that pa~t of said TRACT 'L-3' bounded as folloHs; ~o~_.= ~ On the East by the uesterly line or said LOT t30 .... On the No~th by the ~-.~ ~ southwesterly extension of the northwesterly line of said LOT t30 .... On the ~~ ~ South by the ~esterly extension of the South line of said LOT ~30 .... and ~ ~ on the uest by a line fou~ [4] feet .esteply fpom, and concentric to, the ~ ~ (111 said ue"*"r'" line of LOT t30. TRACT L-3 LAKE AND DRAINAGE EASENENT ; / !11 / LOT t30 LOT t3t ..... .~... LEGAL DESCRIPTION ~1¢1 I I~.~ z~ m ~-~ [hat certain 20 foot wide Lake Maintenance Easement [L.N.E.] being a~l that ~ ~ ~ ~ ~ Z part of LgT ~3l, GLEN EDEN PHASE ONE, and all that ~art of TRAC~ "L-3", ~l~l I I ~ o " ~ according to the Plat thereof as recorded In Plat Book 29 at pages 86 and ~l~l I I~o ~o~~~ ...... 87 Public gecords of C0111er County Florida being more part cularly ~]~] [ I~ ~ =~====~ .... ~ ...... described as follows' ~1 I I I~ ~ ~~~~=~~ Z The .estecly t6 feet of sandLOT t31 [the ~ntenf~on ~s ~oc th~s easement to I !~= ~~~~~ 0 tecainate af theside lot lines), to ethe~.ith allg that pa~f of said TflACT I ~[~-.~ ~=~ ..... ~-- .... 'L-3' bounde~ as follows; [ ~[~ ~ =~--~~ ~--= ~ On the East by the ueste~ly line of said LOT t3t ...On the North by the I~ ~1 o_= ~-.~c ~m¢ ~--~ ~ uesterlv, extension of the northerly line of said LOT t3~,...0n the South by ~ Zl~ --~--= ..... ~ ~~ ~ the ~esterly extension of the southerly line of said LOT ~31 .... and on the I, ~1~ ~ ......... ~ = ~ ~ uest by a I~ne four (4] feet ueste~ly f~om and parallel and/or concentric ] ~]~ o --=~--~ ~ _ to the sa~d uesterly I~ne of LOT I I~0~ I o =~ ~ ~ I~1~1 I--.~ I Z~I m ~ ~ -- ........ I~~1 0 LAKE AND ORA INAGE EASEMENT I' ~ ~ UJ . I ~1 ~ ~ ~ ~o ~ / ~1~ V } [ ~ qffil ~ ~:~.~ ~ ~1 ~PnOPOSEO X EXISTINS I ~ I ~--~=." ~ ~'~m=~ ~l -- ~ ---- I I o ~> .o~ ~ _ o "~ ~ . ~ ~ .o -- CURVE TABLE . ~ ~ ~~= 0 CURVE NO. 90 (C-90) I~~1~161 I=n~ .:.0~: CURVE NO 92 ,, ~ ~ I I TZIL~ ~1 I~ ~ ~o- . R=25. OO' A=a3 03'28 A=JO. 06' ' ! ' ''' =~l~lpl.~l~ · . ~,~:~-~-,- ..... . . . . .~ r- c:,lzl,~l I ~ ,~ _o ¼g- ~--~',, m '"','~m~z ITl ~__l"l"l I < tn ~ · · :~ ~,' ' P ~ L~--DNL ~l' I I I.<~ ~ ' rtl Tha.t certain 20 foot wide Lake Maintenance Easement [L.M.E.] being all that · colu~l~. I I~=o.-+--o '" Z part of LOT 133 GLEN EDEN PHASE ONE, and al{. that part of TRAC[ "L-3", I I o= ~-~ ~ ac~coc_d/.n.g te~ the.Plat t~ereot as recorded ,n Plat Book ?§ at a es 8 ~l ! l~-~ ~ ~ ~ ~~c~m~c~ 8 ' ' .P g § and ~ = ::r m m m r. ~_ m ~_ m m m m m m m m ~ m m ~ ./, PUOI lC HeCOraS of Collier County, Florida bain mo ~ ~ ..... m~ ..... Z .he westerly i6 feet of samd LOT 133 (the intention ~ ~ .... ~~~=~~ ~ t r ' . , ms for th~s easement to ~ ~ . ~ ~ e e hate at the s{~e lot I~nes}. t0gethec w{th ali th4i apt 0f s ' ~ ~--~ ~ ~~ _~_~ .... p a~d TRACT ~J[~ ~o~ .... ~co ~o ~ L 3 bounded as foll0~s, ~ ~ ~=~< .... ~ ~_~_~ On ~he,East by the westerly Ilne of said LO[ ~33. On th I~ ~$~ =~ $$$$$~ =~_.. ~ , .. eNorthby the = ~_=~--~ ~ .~ ~ ~ps:erl~ extension of the northerly line of said LOT i33 Z ~ --,.,-~_~~ ~~ ~ .... On the South ~ ~1o~o --~ ...... ~$ --~ ~ ~ zne ~eszerly extension of ~he southerly line 0f said LOT ~33 nd on the I' ~l~¢ ~ ~ZA~-~g ~g~ m .?t,~ ~_~?e rgur.[a~.reet.,p~ec[Y from. and parallel and/or concentr c m~~l ~ ~= ~ ~LAKE AND ORAINAGE EASEMEN~.q,,, I r ~mI ~--~ ~?o ~ I~,..~l ~-k~ .~.= ~ < ~ ...... ~ I_ m. kI / m ~= < ~ ~ ~ m ~ i , I~ ~1 m ~ ~ zn ~1 ~ ~ ~ I m Kn ~EI~I-I: ~_) ~~ CUnVE TABLE I L-hll I CUnVE NO. ',r ~ ~ ~ CH. BRNG. N~ 0 13 H ~.~.~..1~. ~m LEGAL DESCR'I PT I ON ' ~ That certain 20 ~oot ,ldo Lake Nalntenance Easeaent [L.,.E.] b~lng all that ~ part of LOT 134 GLEN EOEN PHASE ONE and all tha~ pa?~ of TRACT 'L-3' o according to the Plat thereof as recorded In Pla~ Book 29, a~ pages 86 and ~~~~~ 87 Public Records o~ Collier County Florida being aore particularly ~~ Z The ,esterly 16 feet of sa~d LOT t34 (the ~ntent~on ~s for this easelent to 0 teP=~nate at the s~de let I~nes}, togethe~ ,~h all that pa~t of sa~d TRACT --~--¢~ 'L-3' bounded as folloNs; ~=--= ~ On the East by the uesterly line of said LOT ~34 .... On the North by the =~-.~ uesterly extension of the northerly line of said LOT t34 ...On the South by ~~ ~ the ~esterly extension of the southerly line of said LOT t34 .... and on the .......... ~ ~est by a I~ne four [4] feet uesterly froa and parallel and/or concentric ~ < to. the sa,d ,esterly I,ne of LOT .......... > TRACT L 3 0 ~:~ROpOSED K EXISTING ~ ~ LOT ~ ~ I LOT t35 I I II TABLE CURVE NO. 84 (C B4) _ R=25 O0 g-JO 31 JO A=4. 59 CH. BRNG. = N03'28 4Z"E 4. 5g (P} CURVE NO 86 (C-86] .... o LEGAL DESCR I PT I ON rtl That certain 20 foot wide Lake Maintenance Easement (L.M.E.) being all that Z part of LOT 135, GLEN EDEN PHASE ONE, and all that part of TRACT "L ~ according to the Plat thereof as recorded In Plat 8ook 29, at pages 86 and ~~~~~ 87, Public Records of Collier County, Florida, being more particularly ~~ Z The westerly t6 feet of said LOT t35 (the intention is for this easement to ~~~g~ 0 terminate at the side lot lines), together ~ith all that part of said TRACT -- 'L-3" bounded as follows; ~g~ ~ 0n the East by the ~esterly line of said LOT t35 .... 0n the North by the ~ ~ ~ westerly extension of the northerly line of said LOT 135 .... 0n the South by g~ ~ the westerly extension of the southwesterly line of said LOT t35,., and on ~'~ ~ ~__ westerlythe west bYllnea ofllneLoTf°urt35.(4) feet westerly from and, concentric to, the said -- 0 ~ ~ LAKE AND DRAINAGE EASENENT ~ THE ~ESrE~L Y L t ~E OF LOT CURVE NO. 83 {C-83} R=25. 00' A=53000' 56" A =23. CH. BRNG. = N35° ~ "~6" E 22. 32' Remm to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady LLP 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 Shem 9 o~' 13 VAC 9941O8 DRAINAGE EASEMENT (Glen Eden, Phase One, Lots 12~/125 and 141/1~2) THIS EASEMENT, granted this .~ day of ,)6)tetmtcl . , 1999, between REVCO/GE JOINT VENTURE, a Florida~ral partnei's~nip, as G~i~NTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, perpetual, non-exclusive easements, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and G,RAI~T_~ AC,~',IDA ITEM are used for singular or plural, as the context requires. I 1999 QBNA~\171895 . 1 ,. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Sha~t 10 of 13 VAC 994~8 Signed, sealed and delivered in our presence: REVCO/GE JOINT VENTURE, ( '--~/~/i' a Florida general partnership /~ Z ,¢( ~ ~_~ ( By: (Corporate Seal) W~t'-ness # 1 --' REVCO HOLDINGS, INC., a Florida Print Name Below: corporation, as General Partner ? -~ Gary kinsella{a'g'~l~es~dent - '"' Pr)nt Nam'e-Below: 7£[The foregoing instrument was sworn to and subscribed before me this :?~day of d-~& r~.~C-' , 1999, by Gary Kinselia, as President of Revo Holdings, Inc., a Florida cot:p0ration, ~ General Partner of REVCO/GE JOINT VENTURE, a Florida general partnership, who is personally known to me. ~5 / . NO'I~ARY ~UBI[IC ' ~(SEAL) My Commission Expires: (Print name belo_3v) ~ S7_? IZ~ 1999 QBNJiP\ 171898 . I - 2 - · -, ,~ ,-,, -~,~,~,~=.-~ m LEGAL DESCR I PT I ON =.-, ~ ITl [hat certain t5 foot wide Drainage Easement [D.E.] being all that part of o,~ ', Z LOT t24, GLEN EDEN PHASE ONE, and all that part of TRACT 'F', accordin§ to ~= = I~ the Plat thereof as recorded In Plat Book 2g. at pages 86 and 87. Public o ~c,==~,~=~,,~,~,~,~oc~c~ Records of Collier County. Florida. belng more particularly described as ~a= ~~~~~ Z lhe easterly tl feet of said LOI t~a [the intentian is fop this eese~ent to I~ ...... ~~= ..... 0 tecainate at the side lot lines) together with all that part of said TRACT ~ ~'--I ~n !~ OOOl --~--CO IF' bounded as follows; ~1~ ~ = = ~ ~-~ ~ ~ ~ ~ ~ ~ ~ =-'= ~ On the Nest by the easterly lines of said LOT t24 .... On the North by the South by said LOT t~4.. On the easterly extension of the northerly line of .. ~l~ -~-= .... o~ ~ .... ~ the easterly extension of the southerly line of said LOT 124 .... and on the ~l~w~ -- ~m ~~ --~ ~ ~ ~ East by a line four [4) feet easterly from. and parallel to. the said ~ o --=~--cm ~ easterly line of LOT 124. I zm<~! ~ o _ 0 I ~ --~= -' ~ ~ =~ ~ ~ ~ ~ ~, ~ ~ ~o = ~ LOT t24 J ¢ ~ ~ EXISTING / m {5'D. E. ~ m ~ ~ tt'D.E. / m~ ~ q TRA C T "F" g ~ ~ PRESERVE A REA ~ , CURVE TABLE ~ ~ ~"~gg R=75. 00' g:23°22'27" 4=30. 60' 3o. r ~.~mmz m LEGAL DESCR I PT I ON m That certain 15 root ~lde Drainage Easeaent [D. E. ) being all that part or LOT t25, GLEN EDEN PHASE ONE, and all that part of T~ACT "F', according ~ the Plat thereof as recorded In Plat Book 29, at pages B6 and 87, Public ~~ Records of Collier County. Florida. being more particularly described as ~~~~~ Z The easterly tt reel of said LOT ~5 [the intention is for this easement to .... ~ ~ teP~lnate at the side lot lines], together uith all that part of said TgACT ~5~ ~ On the ~est by the easterly lines or said LOT t25, .On the North by the =~-.~ ~ easterly extension er the northerly line of said LOT t25,...On the South by ..... =~ ~ the easterly extension of the southerly line or said LOT 125,... and on the ~ = East by a line four [4} feet easterly from, and parallel to, the said ~ ~ ~ easterly line of LOT ~25. m LOT LOT J26 ~ ~ ~ ~ , , m pROPOS60~ -~' "-~ SURVEYORS NOTES LEG' ZSCR I PT I ON I / Of the Public Records ,as lade by. or furnished lo this office The South 8 67 feet of LO! I11 North 6.33 feel of [Ofl,14Z. GLEN EOEN fo ] PHASE ~[. accondln~ Io the Jot as recorded In Plat ~ok 2g. st the f ...... [he proposed easement shown he~eon Is Intended to replace the exlstln9 ~ foot Ml~e dnalnaoe eagement, cefllePed ~.~ feet off elthec side o~ the /ol line COllOfl lo said LOT Iii and LOT 142. as said eKIstlng easement Is sbowfl and/or denote~ on the Plat i. ilprovelents, other than those shown and/er any underground ut lilt les If any. were not located by this survey. 5. The bearings lhown hereon 8re Iff the meridian of EEN EEN ~k~ OE resulting In a bracing of North Ol'd7'il' West. along the centerllne of the 20 fo 0 dO root wide SEN EEN ~IVE [TRACT 'i') GRAPHIC SCAt E Eaeroeec~ ~negeaeflt k~ency [ r. E. N. k. ) ~aaunl t~ ~p ~. I~0~1 Panel No. 0181 [ revised ~-03 9& 4fid having a base flo0~ ole~allofl of I1.~ feet l. This certlflcallon Is only for the lands described hereon ifld I~ riot a LOT 14t -- ~ ~ NORTH LI~ OF EXISTING EASEHENT ~ I J [ J 36 03 · ~ ~ SOUTH LINE OF PnOPOSEO EASEMENT ~ ~ X ~ LOT t42 DA rE REVISION PROPOSED ORAINAGE EASEMENT ACROSS LOT ~4t AND LOT GLEN EDEH PHASE ONE PLAT BOOK 25 PAGES 86 AND 87 SURVEYORS CERTIFICATION COLLIER COUHTY, FLORIDA I ~BY ~RTIFY to Bk~T1 ~ EA., It'l successors afl~/or Ilsllfls, aS prepared for thit the sketch ~ descrl~tlo~ shom hmreon ~is COflducted ~ ~ ~lrect LEGEND AND ABBREVI AT IONS otherwise sho,n and this laid sketch and ~scrlptlon ~els the Ilflll~ technlcil standards as se~ forth by t~ FIoHdi ~ird of Land ~vey~s. I~SURVEYING PLATTING NAPPING ~. denotes concrete A- flflollS c~vl ~lta angle ~ipter 61617-6. Florida k~alfllsteetlve ~d~pursuapt to ~ctlon 47[027. U.E denotes utility ease~flt ~.- hNtll c~ve c~rd length Florida Statutes, This cerHflcatlofl Is sub~ to fl~es and notations shoq 16565 VANOEflBILT DRIVE STE. 3 L.E. deflote~ 14~sclpe elseeent CH.e.- de,res c~ve c~rd hearing ~reon. ~ ~ [ /~ BONITA SPRINGS FLORIDA. 34J34 LIE. denotes I1~1 lilflllfli~cl hNlll aea~ed distance A.E. denotes access easelent ~c. denotes hctl~ Thio certl Icitlofl Il not validStaYeR K, Sandy ~S R- denotes curve ridlut 1. _S. denotes To,hip ~uth unless sealed ~lth the egtossed rl~lda c~tlfl~te ~. 5~ ~ET I ~ I ~ALE; t'-'20' ~CT~ 9 A- denotes curve arc length R. _E. de~tea ~ East deal end signed with the [ denotes ceflte~llfle surveyors signature, FIE~ ~ PA~ I eE~ e~ ~AGE I DRAWING NO. 6LE~AS Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: t,/{ ;=t~'c~ l~3. I~ Petition #: Petitioner: Revco/GE Joint Venture Address: 14510 Vanderbilt Drive Telephone: 592-7466 City/State: Naples, FL Zip Code: 34108 Agent: Mark W. Minor, P.E. Address: 3800 Via Del Rey Telephone: 947-1144 City/State: Bonita Springs, FL Zip Code: 34134 Address of Subject Property: Glen Eden Drive Location: Section 9 Township 48 S Range 25 E Subdivision: Glen Eden Phase One Legal Description: Lot 142 Block - Unit - Plat Book 29 Page(s) 87 Reason for Request: Ea~,~ement prevents fitting house on lot. Current Zoning: PUD Does this affect density?. No hereby authori-.e 5 *n, ab 73 resent , ,,for this petition: [] Yes [] No Signatur~of Petil~oner '" / Date Gary Kinsella President Print Name (Ga::y Kinsella is President of (Title) Revco Holdings, Inc., The General. Partner of Revco/GE Joint Venture) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for th. list of supportive materials which must accompany this petition, and deliver or mail to: Communtty Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Flarida 34104 (1) If applicant is a land trust, Indicate the name of beneficiaries. (2) If applicant is a co~-poration other than a public corporation, indicate the name of officers and major stockholder.,;. (:3) If applicant is a patrtnership, limited partnership or other business entity, indicate the name o" principals. (4) List all other owners. Attachment "B" ~ ,._. Page 4 of 4 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date i Post Date 'Payment Slip Nbr " 122680 03/26/1999 9:10:37 AM 03/26/1999 , MS 50813 ~ REVCO/GE JOINT VENTURE New or Exist: N Payor · REVCO / GE JOINT VENTURE Fee Irrformation Fee Code . Description ~ GL Account Amount [Waived 12PVAC PETITION TO VACATE 11313890032910000000 $1000.00 [ Total $1000.00 ! Payments Payment Code Account/Check Number Amount, CHECK 2793 , $1000.00/ Total Cash $0.00 ', Total Non-Cash $1000.00 I Total Paid $1000.00 j Memo: VAC 99-008 CK #2793 Cashiedlocation: FROLOFF_E / 1 User: KIRK_D AGENDA ITEM Collier County Board of County Commissioners Printed:03, !6/'1~ 0ilt :(;J§~/I CD-Plus for Windows 95/NT P.. 1? ~[SC'O~ q98 ~OLL~DER .C..O. UN_I'S NOT!CE O~ AD VALOREm, ?^xrS AN~...N. ON.,-.A.p. VALORE44.-A.S-~.S.~NTS N? EA,RNE z .,-. . - · 0.51 ,-, ,- ~...~..'~. . I .86. mu m ~' roms- " :' 41-'l'-V'V'. :. -- - ;; .: ' ': · ' ' I > w : "~'i: .':.'.~~ ~ r~ ..... ..,:.;; , .~ .....~-_, -- .,..,, .. ....... -~...~ "¢ ~i ., ~ ' · ., ........'.'~ ;'. e .-o ', : ;~.;.,..- _ ...... ~.~ ~. L.[~I-~=~£N-PH~:~['O~t~ .... n~ ~c.::::~"~l 03/31)/?/ U5 ,i4 I~ill 2a'~,* a(l,./r,r.~, ,, " L</l~..~ - ' ' ' "I"D 00000-gS4-c5000468 0000024589 O0000OO000 OOOOO ~ m , [_ ,- "1998 COLt COUNTY DISCOUNT EARN~ NOTICE OF AP VAtoe?,~ --'"'~': ..... : ......... m~ .... ~'~ ~ ~N F~B . ~ ,I · ~ ' -': ..... ' ' · :' ~" ~ ~'~C-~ -- ,.-.. ~ ~ . :.. .... , ..~. ~: ~. . "' '"'" ~'~! ' 4 ~' ~-L~ ~n' ~x C~r~ , ,1998 COLLIER ?n,m~'rv ~n'l"rrF o~ AD oREM TAXES' A~III'D~', N ONL,~D VALOREM ~ ... ~;q q ~ao ~ - . . . . . · ~ ,: .. ',.' . · :-: ::1 , .: .~:. t ~ . -.,.:.:1- .' .. OOO~O3S4'SSOOI02? O00Bo~qsg9000000000~ OOO00 ..qq8 COL1 COUNTY NOTICE AD VALOREM TAXE~ aND N~-..AD YALOR£M DI~C~NT 4% -.ZN NOV ZN DEC 2'4 IN JAN 1% IN FEB 0% IN MAR ~ ~m~ ~. 60.44 :~ ~~.~.~ z ~.~ ?.' . · . ...... ' " * ~i. ~ ': ~.,'.' . , - }:~. t~g,~:;-' ; ::~,.-- . ..;:: ... ~ ~-. , ..*...~ ; . ~. . <:-~: :.-~-:.~.%. :~ ,. '~./,: ~; '":--:." · ' ': ' ' ~Y ~ . ~ 00000354S q1043 ~O000245R9 O00OO00~O0 OOOOO J ~. . :. .'. : m OOOOO~S~SSO0~8~ ooooo~qs~q OOOOOOOOOO OOOOO 2 _3509 OR: 2259 PG: 0002 co~s %VA_RRA2%~: DEED DOC-,70 13300,0C Rein: ,~.T.~/$ [~TD~UR~, made this QURR:~$ i be=ween ~, INC., a Florida NA~LIS FL 34103 3060 cO~OratiO=, whose pos: office address is: 4099 Nor=h Tami~i Trail, Naples, Florida 34~02, Grantor, and ~CO/GE JOI~ ~~ I ~, a Florida whose ~ax identification nu~er is appi:ed for, whose pos: address is: 255 Lely Beach Blvd. ~304, Bonita Sprin~s, FL 33~23, Grantee, WI~ESSETH: That said Grantor, for and in considers:ion cf %he sum cf Ten and No/~00 Dollars ($~0.00), and ether ~ocd and valuable consideration :o said Gran:or's in hand paid by said Grantee, :he receipt whereof is hereby acknowledged, ~as gran:e~, bargained and sold to the said Grantee, and Grantee's heirs and asslgns forever, the following described land, si=ua:e, lyin~ and bein~ :n Lee Court:y, Florida, - SEE EXHIBIT "A" A~ACHED HERETO ~ BY RSFERENCE ~E A P~T HEREOF Subject ~o easements and res:ric:ions co~cn :c s~division; oil, gas and mineral interests of recor~ ~y; zonin~ and use res:ric:ions imposed by gover~en:al authority; and :axes fcr ~9~6 and subsequent years. Property I.D. Nu~er: 0C1424~0~05 and said Grantor does hereby fully warrant :he %i:le :o sa:d land, and will defend :he s~e a~ains: :~e lawful claims of all persons whosoever. Appurtenant ~o :his conveyance is ~he assig~en: and transfer from Grantor :o Gran:ee of 2O0 units of density available under :~e :e~ of :hat certain Planned Unit Development Ordinance known as :he Village Place Planned Uni= Developmen~ Ordinance, being Ordinance N~er 92-5~ of :he Board of Coun:y Co~issioners of Collier Court:y, Florida, and bearin~ Official Zoning Atlas N~er 85095. Unless :~e density is increased under :he sa:~ Village Place P~ Ordinance, Grantee shall construct no more :nan 200 units on :he property hereby conveyed. IN WITNESS W}{EREOF, Granuor has hereunto set grantor's hands and seals :he day and year firs: above written. , ? Sign~,//~e~ed a~delivered GATH, INC., a Florida in g~r.'Pr%~e~e: / cofgorat~o~.~ ~/~P~tnCed N~e of W~:ness ,2) OR: 2259 PG: 0003 ~ATE OF FLORIDA ~ ~-T- UNTY OF COLLIER The foregoing instrumen~ was acknowledged before me day of ~c~ , ~996 by J~S C. GEL~, President of and on behalf of ~A~, INC., a Florida co,oration. H~_As ~ per~Qnally kno~ ~o me or has produced · . , ~ as This instrument prepared by: GEORGE R. LANGFORD Attorney at Law 3357 Tamiami Trail North Naples, Florida 33940 - AGENDA ITEM $£P I ~ EXHIBIT All that part cf the South one-half cf %he South one-half cf the Southwest quarter of Section 9, Township 48 South, Range 25 East, Collier County, Florida, lying East of the Eas~ right-of-way lina of Vanderbilt Drive (C.R. 901) . .,,_P 1 ~ 1999 L, 03/02/1599 10:45 94149§30i4 REVCOHOLDINGINCP PAGE 81 GLEN EDEN off the LJk~ 14510VANDERB[LTORIVE, NAPLES. FLORIDA 34104 (941) 592-7466 PHONE ® (941) 592-5828 FAX ~: MARK MINOR - Q. GRAOY MINOR F~m~ JOHN FISHER Fax: (941) 947-0375 Pa~e~: 1 INCLUDING THIS SHEET Phe~ (941)947-1144 Bale: 03/02/99 lie: ADDRESSES FOR CLOSED LOTS CC: I-1 Urgent I-1 FOr Review t'! PI~IBe ~)mrnent [] Plem Reply 1-1 Plemle Recycle ·Comments: LOT 101 - MR & MRS DeLILLO, 14546 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 102 - MR & MRS SCULLY, 14542 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 103 -MR & MRS TABER, 14538 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 104 - MR & MRS TAELMAN, 14534 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 105 -JUNE STOIBER, 14530 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 107 - MARGARET KINNEY & DONALD ROSS, 14520 SATIN LEAF LANE, NAPLES. FLORIDA LOT 108 - MR & MRS ANDERSON, 14516 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 109 -MR & MRS ABBE']-I', 14512 SATIN LEAF LANE, NAPLES, FLORIDA 34110 LOT 110 - MR. BUCKLEY, 14589 JUNIPER POINT LANE, NAPLES, FLORIDA 34110 LOT 113 - MR & MI=tS FOULSHAM, 14577 JUNIPER POINT LANE, NAPLES. FLORIDA 34110 LOT 114 - MR & MRS FRITCHER, 14571 JUNIPER POINT LANE, NAPLES, FLORIDA 34110 LOT 115- MR & MRS NEILSON, 14567 JUNIPER POINT LANE, NAPLES. FLORIDA 34110 LOT 129-MR & MRS BALLEW, 14550 JUNIPER POINT LANE, NAPLES, FLORIDA 34110 "1 *'._ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. ALAN V. ROSEMAN MARK W. MINOR, P.E. ROBERT W. THINNES, A.I.C.F C. DEAN SM1TH, P.E. EKIC V, SANDOVAL, PS.M, DAVID W. SCHMITT, P.E. TOM CHERNESKY, P.S.M. March 2. 1999 RECE! ; I~AR 0~ 1999 Mr. Steve Seal, P.E. Collier County Engineering Review ~.-. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Glen Eden, Phase One - Vacation of Drainage Easements _ Dear Mr. Seal: Please find attached a copy of sketches of existing drainage and lake maintenance easements and the proposed replacement easements for various lots in Glen Eden, Phase One located off Vanderbilt Drive. The vacation of the easements are necessary in order to accommodate proposed homes on the lots. The replacement easements will be of the same width of the existing easements and will not significantly affect existing drainage facilities. The existing easements were dedicated to Collier County, as will be the replacements. If you have any questions, please call me. Otherwise, please sign the bottom of this letter and return to me. Thank you for your assistance with thi~'s matter. ark W. Minor, P.E. Attachment I have no objection ~6~P°_se~acation. AGENDA I- F:GEV. 1 No.__/Z ' SEP 1 q 1999 (041) 047-11,t4 · FAX (941) 947-0375 · E-Marl: QGMAl~aol.com 3800 Via Del Rey · Boruta Springs, Florida 34134 I~._ ,-~-~ .... COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 January. 22, 1999 Mr. Mark Minor, P.E. Q. Grady Minor & Associates, Inc. 3800 Via Del Rey Bonita Springs, FL. 34134 P_E: Glen Eden Phase One, Lot !06 Dear Mark: We have reviewed the encroachment of the pool area on the subject Lot into the maintenance easement, and have "no objection" to the encroachment. The maintenance of the lake system is with the homeowners association. This letter does not vacate or abrogate the County's interest in the easement, only a formal vacation of the encroached area will accomplish this. If you should have any questions, please let me know. John R. Houldsworth Senior Engineer AC. iENDA ITEM ,rn 1999 Phone (941) 463-2400 Fax (941) 643-6968 wwv co. comer, fl. us Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land SurveVor~ ia :l~I~n~ T { Q. G~DY MINOR, P.E. ALAN V. R~EMAN ROBERT W. ~INNm, A.I.C.E MA~W. MINOR, P.E 93 HgR-h Pt~ 2:19 ERICV. SAN~VAL, P.S.M. C. DEAN SMI~, P.E. DAVID W. SCHMI~, P.E. TOM CHEf,KY, P.S.M. March 2, 1999 Mr. John Boldt, P.E. Collier County Water Management 3301 East Tamiami Trail Naples. FL 34112 RE: Glen Eden, Phase One - Vacation of Drainage Easements - Dear Mr. Boldt: Please find attached a copy of sketches of existing drainage and lake maintenance easements and the proposed replacement easements for various lots in Glen Eden, Phase One located off Vanderbilt Drive. The vacation of the easements are necessary in order to accommodate proposed homes on the lots. The replacement easements will be of the same width of the existing easements and will not significantly affect existing drainage facilities. The existing easements were dedicated to Collier County, as will be the replacements. If you have any questions, please call me. Otherwise, please sign the bottom of this letter and return to me. Thank you for your assistance with this matter. Si c~erely, ark W. Minor, P.E. Attachment I have no objection to the proposed vacation. John Boldt, P.E. Date F:GEV,1 . S7:- P 1 ~ 1999 (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA~gaol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 GI,RN EDRN LAKESID£ VILLA HOMES December 7. 1998 14510 Vanderbilt Dr, ...... Mr. Rick Grigg Collier County Development Services Naples. FL 34110 2800 North Horseshoe Drive " Naples. Florida 34104 Sales 941.495.3()00 RE: Glen Eden. Phase One Lot 142 Vacation of Drainage Easement Administrar2on 941 ._ 9_.7466 Dear Mr. Grigg, Fa., We are the lot owners of Lots 130 through 141 and Lots 143 through 941.592.5828 146 at Glen Eden, Phase One. and have no objection to the vacation and replacement of the drainage easement located on lots 141 and 142 in Glen Eden. John lfisher Managing Partner Revco/GE Joint Venture AGENDA ITEM^ LAKESIDE VILLA HO.~S December 7. 1998 14510 Vanderbilt Dr. Mr. Rick Grigg Collier County Development Sendces Naples. FL 34110 2800 North Horseshoe Drive Naples. Florida 34104 Sales 941,49~.3600 RE: Glen Eden. Phase One Lot 142 Vacation of Drainage Easement :\dminlstration 941.592.7466 Dear Mr. Grigg, I am the representative for the Glen Eden Homeowners Association 941' '~'X .,9.. 8.8 and have no objection to the vacation and replacement of the drainage easement located on lots 141 and 142 in Glen Eden. Glen Eden Homeowners Association · SEP 1 ~ 1999 R. VC = U w.# ?II&T C ~ ~ NO. SUBDIVISION P.B. PG. NO. £'-'~' THE ~l~r;~.AT UNIT --'. GLEN EDEN PHASE ONE 29 86--~7 3. ~1. 5. ",,/~ !!, TRACT ~ ~,~c~ 'L-4" ; , / N~ ..... - .... b---~---~ ..... F .... I .~ ~ / / I~ ~ . BE VACATED ~ i : ~ ~) ', t ~ [ ~,o, u.~ (~.) ~~~ ...... ~ ................... i ~_~t~~,---~-~~¢~ ~ l~ I ~k ~ h,k /~ 199g VANDERB]LT DR~ (C.~ 901) 100' RIGHT OF WAY ~ ~: ~.~. ~N ~D~N, PH~S~ ON~ ~///~ ~v~ ~ ~~- ~~. ~ P.B. 29, PAGES ~ & 87 . ~ ~ ~ ~x~ EASEMENT VACA~ P~N EXISTING LAKE / RESHAPE BANK TO ALLO __ PROPERTY CONTROL ELEVATION 20' LAND AREA BETWEEN / CONTROL ELEVATION AND LINE I [~ POOL ?a HOME ROAD PLAN VIEW REAR YARD AT LAKE AC, F.N~A~TEI~ NTS ~ ./,/ ..._.. SEP 1 ~ 1999 ~=?eov~: u.w.M. ~ ~ ~ ~ ~ICAL SI~ P~N EA~M~T VACAB~ ~ APRIL. 1999 EXECUTIVE SUMMARY PETITION CCSL-99-2, COASTAL ENGINEERING CONSULTANTS, REPRESENTING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF ADDITIONAL DECKING LOCATED AT CLAM PASS COUNTY PARK BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred thirty (130+) feet for the construction of new decking (See Exhibit B). CONSIDERATIONS: The subject property is located at the Clam Pass County Park within the Pelican Bay PUD. The petitioner proposes to mitigate for the removal of vegetation from the areas where the new decking will be constructed. The petitioner will avoid or minimize impacts to the Gopher tortoise population which exists on site by field locating proposed improvements. Exotic vegetation will be removed from the boundary of Clam Pass County Park in accordance with The Collier County Land Development Code Section 3.9.6.6. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division 3.13, as amended. FISCAL IMPACT: The cost to the County will be $100,000 and these funds have been budgeted from Regional Park Impact Fees within the FY 99 budget. The value of the improvement is estimated to be $464,000 and will become County property immediately upon completion. No significant impact in anticipated to the operational cost of the facility. AG E [~)A ~T ESM~ SEP i 4 1999 GROWTH MANAGEM,E, NT IMPACT: OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.5 For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. POLICY 11.5.4 Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. 11.5.5 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. 11.5.13 For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation as appropriate. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. RECOMMENDATION: Staff recommends approval of Petition No. CCSL-99-2 subject to the following stipulations: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. NAGE~II~AFI~,~ ~,~. t' °'--. 4'1# SEP I 4 1999 3. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaws~d of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed to construct decking and ramps. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. Petitioner shall submit a Gopher tortoise survey (and if necessary a plan to barricade the work area or a Gopher tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. 9. Petitioner shall submit copies of all necessary agency permits (i.e. Florida Fish and Wildlife Conservation Commission for Gopher tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate handicapped ramp, boardwalk and decking to avoid or minimize potential impacts to existing Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of Clam Pass County Park in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. PREPARED BY: BARBARA S. BURGESON DATE SR. ENVIRONMENTAL SPECIALIST -- CURRENT PLANNING SECTION .o. SEP I 1999 ~ Pg' ~i ~f~N~; )~ICP, MANAGER DATE CURRENT PLANNING SECTION R~BER~'J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPI~)VE/D BY: VI ICENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-99-2 SEP i 4 1999 2 3 4 RESOLUTION APPROVING WITH CONDITIONS PETITION CC,.~L-99-2, 5 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK 6 UNE TO ALLOW FOR CONSTRUCTION OF ADDmONAL DECKING LOCATED 7 AT CLAM PASS COUNTY PARK BEACH FACILITY, PELICAN BAY PLANNED UNIT 8 DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, 9 TOWNSHIP 4,9 SOUTH, RANGE 25 EAST, COLEER COUNTY, FL. 10 11 12 13 14 15 16 WHEREAS, Coastal Engineering Consultants, representing the Collier County 17 Board of County Commissioners, requests a vadance from the Coastal Construction 18 Setback Line (CCSL) as required by collier County Ordinance No. 91-102 Division 3.13, 19 as amended to allow for construction of additional decking located at Clam Pass County 20 Park beach facility, Pelican Bay Planned Unit Development (see exhibit A); and 21 WHEREAS, the subject property is located at the Clam Pass County Park within 22 the Pelican Bay PUD; and 23 WHEREAS, the proposed activity will extend approximately one hundred thirty 24 (130) feat seaward of the CCSL for the construction of new decking; and 25 WHEREAS, the proposed activity is consistent with Collier County Growth 26 Management Plan Policy 11.5.4, which approves passive recreational structures which 27 minimize interference with natural function of beaches and dunes; and 28 WHEREAS, the petitioner proposes to mitigate for the removal of native dune/ 29 strand vegetation from the areas where the decking will be constructed; and 30 WHEREAS, the petitioner will avoid or minimize impacts to the Gopher tortoise 31 32 population, which exists within the near vicinity of the project, by obtaining necessary 33 34 Gopher tortoise permits from Flodda Fish and Wildlife Conservation Commission; and 35 36 WHEREAS, the petition is consistent with the Collier County Land Development 37 38 Code Division 3.13, as amended; and 39 40 WHEREAS, the petition is consistent with the Collier county Growth Management 41 Plan - Conservation and Coastal Management Element. 42 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 43 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL- 44 99-2 be approved, subject to the following conditions: AGEN[~A~I~'~-'M ~ '~ NO, ~ ~_.? SEP i 4 1999 1 pg. ~' ~ ~ Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 5 6 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle 7 nesting zone, defined by Collier County Land Development Code Division 3.10, 8 between May I - October 31, sea turtle nesting season, without first submitting and 9 obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 10 11 3. Petitioner shall notify Current Planning Environmental Staff one week pdor to 12 commencing work seaward of the CCSL and shall again contact Staff within one 13 week following completion of work seaward of the CCSL. 14 15 4. Outdoor lighting associated with construction, or development within three hundred 16 (300) feet of the high tide line, shall be in compliance with Division 3.10 of the 17 Collier County Land Development Code. 18 19 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping 20 beyond the 1974 Coastal Construction Control Line. 21 22 6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune 23 vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- 24 vegetation shall be completed, according to a plan submitted to and approved by 25 Collier county Current Planning Environmental Staff, pdor to the issuance of a 26 Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, 27 this plan shall include mitigation for areas of vegetation removed to construct 28 decking and ramps. 29 30 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that 31 beach users are requested not to intrude into this re-vegetation area. 8. Petitioner shall submit a Gopher tortoise survey (and if necessary a plan to barricade ~,.. the work area or a Gopher tortoise relocation/management plan) to Collier County 35 Current Planning Environmental Staff for review and approval, prior to any site 36 improvements or obtaining any building permits. 37 38 9. Petitioner shall submit copies of all necessary agency permits (i.e. Florida Fish and 39 Wildlife conservation Commission for Gopher tortoise) pdor to any site 40 improvements or obtaining any building permits. 41 42 10. Petitioner shall field locate handicapped ramp, boardwalk and decking to avoid or 43 minimize potential impacts to existing Gopher tortoise and their burrows. 45 11. Petitioner shall remove all exotic vegetation from the boundary of Clam Pass Park in 46 accordance with The Collier County Land Development Code Section 3.9.6.6. 47 48 12. Minor revisions to Coastal Construction Setback Line Vadance CCSL-99-2 49 (including changes in siting and structures) may be approved, in writing, by the 50 Planning Services Director or his/her designee. 51 52 53 55 AGENDa, No. __ SEP 1 1999 2 pg. 2 3 IX)NE AND ORDERED this clay of , lggg. 4 $ 6 BOARD OF COUNTY COMMISSIONERS 7 COLLIER COUNTY, FLORIDA 8 9 A'FTEST: BY: 10 DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, CHAIRWOMAN 11 12 13 14 15 Approved as to Form and Legal 16 Sufficiency: 17 20 21 Assistant County Attomey 2~ 24 cc~-g9-2 RESOLUTION No. _~ - - I g SEP 1 4 1999 pg. ¢ .__...,_- "' - ~" ....... F. YHIBIT "A" " 000966 001841 00754931 gm Am 13 m 2o OR BOOK PAGE This Q, It-CIi.tl DEed, IXecllttd this 13th d~X of J~H1. lgSZ. by CO~L RXD6E-COLLXBI I~OFFJITXI~, I~;., · F1ortdl corporation hereinafter referred to as GIMFf~, to CDLLIEX COt~TY. · political subdivision of the State of Flortd~ vhose postofftce ad~ress ts Collier Coo~ty ~overmmnt Complex, I(op]es, Florid· 33942 her~lfl~fter referred to as GRANTEE: (Mherever used beretn the toms '~JJffO~' and 'G~ANT££, shall Include sl~olar ·nd p]ural, heirs, l~Jal r~resentattves, and ·sstgns of Individuals, ·nd the successer~ ~d asstgns of corpor&ttons, vhetever the context ~o adalts or r~iutres.) That ~lffOR, as · gift and In fglftllmant of Its obligations under the Peltcan Bay ~ Ordinance (Coiller Coimty Ordinance NO. 77-18, as amanded} ~d the U.S. Am}. COrps of [ng~neers I~r~lt I1~. Y~-O~8~ {~msber 18. lgSl~, as recorded t# Offlctal Records ~ook ~,-Pages 1~4 through lS~g. In~justve, of the Public Records of Collier County, Florida. does hereby rmtse, release ·nd quit-claim unto GRANTEE all the right, title, tnt·rest, claim and den·nd vhtch GRA/JTOR has In and to the follovtng described lot, piece or parcel of land, situate, l~ng anG being in the* County of Collier, State of Florida, to-v~t: Portions of Sections 32 and 330 TmmshJp 48 South, Range 25 East, Collier County, Florida and Portions of Sections 4, S, 8 and g, Tmmshlp 49 South, Range 2S East, Collter County, Florida, as Bore pa~.lcularly described as Parcel ! {hereinafter referred to Is P~RK SXTE) and Parcel Z! (hereinafter referred to as. CONSERYATZO# ~J~F~) on Exhibit 'A' to Sc~dule 'A', Ittiched hereto and made · pirt hereof. Subject to: I} Taxes and assessmflts for lg8Z aM subsequent ~ars; 2) That certain DEI~P.~TION OF RESTRICTIONS ('RESTRICTIONS'), as recorded Iff Official Records Book g68, Plges 1830 through 1840, : Inclusive, of the Public ~cords of Collier County, florida. 3) Tl~t certain D[CLNIATIO# Of ~OT[CTIV[ COVEI~JITS AI~ RESThlCTIOIG ....(..'~..~NANTS.,), .attached hereto .~a~.....made.a part hereof u Schedule '.A.". ....... 4} The reserved right of GRANTOR to coostruct, operate and maintain certain attSgatlon activities Is ~lulrud b~ the U.S. Amy Corps of Engineers Parent No. 791C-0282 (Noveabtr 18, 1981}, Special Condition b., as recorded tn Official Records Book 966, Page 1826 of the Public Records of Collier Cmmty, Florida. S} An Easeoent reserved to 6RANTOR to construct, operate, maintain. rt~etr, replace or rebuild a bridge for vehicles, pedestrians end .utilities, as my be ·uthortmd by mproprlate goveremntal bodies la* over, on and above CONSERVATZOII AP/A, vltb the right of Ingress and ogress, tn · Imrtlon of Sectton 320 TmmshJp 48 South, Range 25 East, Collier County, Flortda as mor~ particularly described on Exhtbtt 'B' to Schedule aA', attached hereto nd Bade & part hereof. 000966 0018it; OR BOOK PAGE PMK SIT~: ZF AT ANY TII4E TH~ PROPERTY R[FEI~D TO ~ PMK SiTE IS USED 8Y ~ ~Y ~SE ~ ~ A ~lC ~ (MZ~ kE~TEO RE~TZ~L ~ZYITZ~ ~ ~ FKIL~Z~ ~l~ BY l~i~lO~ IN AC~R~NCE ~.~YATZON ~EA: ~ ~VATZON ~ ~Y ~Y BE ~ED FOR ~NS~RYATZON ~~ ~ F~ZLI, IS A P~Z~ ~ ~ ~ OE~TZON OF R~X~XO~. XF ~ ~RYATXON ~A, ~ ~ ~RT~N ~OF~ ZN YX~ATZON OF THeE ~XSZ06. ~YATXON ~ estl~, ~t, tftle, fKemst, 1left, ~lt~ ~ c1111 eft~r In lay or e~lt~, to ~ oni~ p~er use, ~ft foyer. co~orat~on, his s~g~d and seiT~ L~se p~sents t~ da~ and ~ear flrsL ~ove Signed, seated and delivered , In the presence of: CORAL RIDGE-COt~L["~OPERTZES, INC.. . · . '.' :.. aY:C:;~.y~ // C,/'~ ~';," ]':,~.."-."'-..'. , Ross P, Oble}% President,/'. ,J.: ~- ;;T' - · ... _/ ,-~.? ,.C~-,, ~..~ Louis H. Ho~gst~Cl, Asst. s~,c.a:~ ~,..'" STATE OF FLORZDA ._ : ......... ...COUNTY _ OF' COLLZBI ] :~- I HEREBY C:~RTZIry that on this da~,, before me, an officer duly authorized tn :'.' the State iforesatd and tn the Count7 aforesaid to tike acknouledgments, " personal17 appeared RO?S P, OBLEY, Preside. hr of Cor&l Ridge-Collier. · Prwertleso Inc., to me lnovn to be the person uescrthod .tn I~ who executeo . · ~.' the foregoing Instrument and he ecknovledged before me T~It Jm executed the l.~ .z,,s. ,.nd .nd of-=-: ..T ~. ,. ,.~, .nd s,, ~.s,...~,o~.d~; .,, 'Il -% Y . ~,.~. ,..-/ .. . I · ~ . : ~ , '~k~ ,'~ e : ' ;'.:L~..' ."S '..~ ',.'.-'" '.-..'. . I ·.... · ....... I,..~ '- 7 camm ss~on ExpIres: ..... . ,.. · , .... ...~. I~;:. · - '0' ~'~'~ ~"~" '.': 1-~.:". ' I !~'' / SEP 1~ 1999. -l..l. :~,,- ..... ~ ,.~ ..... t~ t'~-.~~, -'~'.-.~ :: ~-~ 1. p~ _~~,..~_~;~" '. · · .... ~ ..... % · . . . .~.- ..o . :.', · . - , -, :~.~...y~,.,.,..~ . ?. :.; C O 0¢: 3 C 0 CC C; C O CC OC 3303 C :30c.gc.-')Oc ZONE LEGEND o:3.¢; JoooJ ~--~ = ZONE 1 - MANGROVE WETLAND~ ~- 50 0 15 $0 60 ZONE 2 SCALE: 1" © o o c © c c L~ 000:3000 occoo o:3ooo = ZONE 3 - COASTAL SCRUB POSSIBLE WEl WELL /-WATER METER BOX ~"¢ RBoPos[o sEwER = ZONE 4 - DUNE / SEA OATS ZONE 2 EXECUTIVE SUMMARY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 'REQUESTING APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 81-91 SUMMERWOOD PUD, TO CORRECT A SCRIVENERS ERROR PROVIDING THAT EXISTING EXOTIC VEGETATION MAY NOT BE REMOVED FROM THE REQUIRED BUFFER FOR PROPERTY LOCATED WITHIN THE SUMMERWOOD PUD, LOCATION ON THE SOUTH SIDE OF RADIO ROAD. OBJECTIVE: To correct a scriveners error to account for failure in the first instance from preventing the automatic removal of exotic vegetation from the required buffer area along the west property line of the Summerwood PLTD. CONSIDERATIONS: The Collier County Board of Commissioners at their meeting of August 3, 1999 directed staff to prepare and process this scriveners error. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: While policy 6.4.3 currently requires removal of exotic vegetation, this PUD was approved prior to that policy being adopted. It was as a result ofa scrivener's error that the language approved by the Board during the zoning review in 1991, was not included in the PUD. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: Staff recommends approval of an Ordinance to amend Ordinance Number 81-91 to provide that exotic vegetation not be required to be removed from the natural vegetation buffer along, the west side of the Summerwood PUD as described in said amending ordinance made a part of this executive summary AGENnA ~,T~ . ~ .o.-.---.-~170 SEP 1 4 1999 RONAL P DATE CURRENT PLANNING MANAGER ~ S, LD F. NINO, AICP DATE CURRENT PLANNING MANAGER T J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT ,~. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g 1-91, EX SUMMARY/Summcrwood PUD/RN/ts AGEND~ ,~o. SEP 1 4 1999 t ORDINANCE 99- 2 3 AN ORDINANCE AMEND1N~ COLLIER COUNTY ORDINANCE NUMBER 4 81-91, AS AMENDED ESTABi~ISHING "SUMMERWOOD PLANNED UNIT 5 DEVELOPMENT" BY AMENDING THE SCRIVENER'S ERROR IN 6 SECTION THREE: DEVELOPMENT COMMITMENTS, PARAGRAGH 3.7, 7 RECREATION, OPEN SPACE, BUFFER AREAS & LANDSCAPING, 8 SUBSECTION B; PROVIDING FOR CONFLICT AND SEVERABILITY; 9 PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF 10 LAWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE 11 12 WHEREAS, the Board of County Commissioners approved Ordinance Number 81-91, 13 which established the Summerwood Planned Unit Development (PUD); and 14 WHEREAS, the Board of County Commissioners approved Ordinance Number 89-83 15 amending certain sections of Ordinance Number 81-91 including that which addresses the removal 16 of exotics within the recreation, open space, and buffer areas; and 17 WHEREAS, the property owners of Coconut Creek Estates and Developers of 18 Summerwood PUD agreed to certain concession relating to the development of the project including 19 maintaining the buffer of exotics located between the two developments; and 20 WHEREAS, a review of the Board of County Commissioner meeting minutes of the 21 original PUD adoption hearing revealed that it was the Commissioner's intent to allow an exception 22 to the exotics removal requirement for buffering purposes; and 23 WHEREAS, the adopted ordinance did not contain the intended exception to the exotics 24 removal requirement; and 25 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of 26 Collier County, Florida: 27 SECTION ONE: 28 Ordinance Number 89-83, Section Three, Development Commitments, Paragraph 3.7, 29 Recreation, Open Space, Buffer Areas & Landscaping, Subparagraph B shall be amended as follows: 30 3.7 RECREATION, OPEN SPACE, BUFFER AREAS & LANDSCAPING 31 A. The project sponsor agrees to provide a minimum of 32 0.33 acres within the boundary of Summerwood for a neighborhood 33 park. Additional acreage for recreational facility development may 34 be needed by the future residents of this project. The land occupied 35 by the sanitary treatment plant shall be used for private recreational 36 facility development at the time of and upon connection of the central 37 collection system to a County or Municipal owned regional system. 38 B. A natural vegetation buffer area along the west 39 property line shall be provided as shown on the revised master 40 development plan. No trees or other than exotics shall be required to 41 be removed from the buffer area. 42 C. A ten (10) gallon size wax myrtle hedge shall be 43 planted along the buffer area on the west property line according to 44 the revised master development plan and the hedge shall be allowed 45 to grow to full height. 46 D. Three (3) gallon size ficus plants shall be planted with 47 the irrigation in the four areas as shown on the revised master plan 48 with natural opening in the buffer area as shown on the revised 49 master development plan. AGE~DA ~'C-~tS 50 SECTION TWO: CONFLICT AND SEVERABILITY -'- ' ~-~' ' SEP 1 4 999 Words s~--'ck thrzugh are deleted; words underlined are added. 1 I In the event this Ordinance conflicts with any other ordinance of Collier County or other 2 applicable law, the more restrictive shall apply. If any phrase or portion of this Or0inance is held 3 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 4 separate, distinct, and independent provision and such holding shall not affect the validity of the 5 remaining portion. 6 SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND 7 ORDINANCES 8 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 9 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 10 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or 11 any other appropriate word. 12 SECTION FOUR: EFFECTIVE DATE. 13 This Ordinance shall become effective upon filing with the Department of State. 14 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 15 County, Florida, this __ day of , 1999. 16 17 18 ATTEST: BOARD OF COUNTY COMMISSIONERS 19 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 20 21 22 23 By:. By: 24 Deputy Clerk PAMLEA S. MAC'KIE, CHAIRWOMAN 25 26 27 Approved as to form and legal sufficiency: 28 . 30 31 32 Assistant County Attorney U 33 34 35 AGEN[U~- ~T~: ~,~' "°'- SEP 1 4 1999 Words s,.~.'.ck tSrcug5 are deleted; words underlined are added. 2 EXECUTIVE SUMMARY APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 99-46 LAND DEVELOPMENT CODE AMENDMENTS TO CORRECT A SCRIVENERS ERROR DUE TO THE OMISSION OF AN AMENDMENT TO FACILITATE OFF-SITE PARKING DULY HEARD AND APPROVED AT A PUBLIC HEARING ON JUNE 16, 1999. OBJECTIVE: To correct a scriveners error by including in Ordinance 99-46 an amendment which would correct the omission of an approved Land Development Code amendment having to do with the ability to allow off-site parking on property immediately contiguous to the host property. CONSIDERATIONS: Amendments to the Land Development Code Cycle I, 1999 included a staff report and a summary of proposed amendments which included the amendment which is the subject of this scrivener's error. The relevant Section of the Land Development Code was also duly advertised. Unfortunately, due to the time that this particularly amendment came into the process the Ordinance had been prepared and staff neglected to modify the Ordinance to account for this amendment to the Land Development Code which was clearly adopted by the Board of County Commissioners and was clearly addressed on the record. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. STAFF RECOMMENDATION: That Ordinance No. 99-46 be amended on the bases that it constitutes a scriveners error to provide for amending Section 2.3.4.11 for the purpose of allowing an off-site parking lot to serve a contiguous use. AG E N,I~, No. SEP 1 1999 RONAI~ F. ~INO, A~x~'~ DATE CURRENT PLANNING MANAGER REVIEWED BY: J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVgD B/Y: ~~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR D~TE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~ ORD NO. 99-46 SCRIVENERS ERROR EX SUMMARY/md ORDINANCE NO. 99- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 99-46, AMENDING ORDINANCE NUMBER 91-102. AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY PROVIDING FOR A SCRIVENERS IN ORDINANCE NUMBER 99-46 TO ACCOUNT FOR THE OMISSION OF AN AMENDMENT TO SECTION 2.3.4.11 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE OF LAWS AND ORDINANCES;; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners approved Ordinance Number 99-46, which amended Ordinance Number 91-102 as amended, and WHEREAS, the Board of County commissioners at their public hearing dated June 16, 1999 did have in their possession an amendment to Section 2.3.4.11 of the Land Development Code which was further included in the summary sheet listing all of the amendments that were to be covered by Ordinance Number 99-46, and WHEREAS, the Public Record specifically included the amendment to Section 2.3.4. I 1 having to do with establishing an off-site parking lot when contiguous to and serving a contiguous land use, and WHEREAS, the record reveals that it was clearly the intent of the Board of County Commissioners to adopt the amendment to Section 2.3.4.11, and NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Ordinance Number 99-46, Subsection 3.B Amendments to Off-Street Parking and Loading, Division 2.3, Off-street parking and Loading of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended as follows: 2.3.4.11 Local requirements. 1. All required off-street parking facilities shall be located on the same lot they serve or may be located on another lot under the same or different ownership, provided: a. The lots are contiguous or would be contiguous except for a roadway that is to designated as a collector or arterial in the traffic circulation element of the growth management plan; and Words ~truck throuqh are deleted; words underlined are added. SEP 1 4 '1999 b. The lot proposed for parking permits perking facilities or the same or more ~'"" intensive land uses than the lot on which the principal structure is located, or the locational requirements for commercial uses identified in the future land use element of the growth management plan can be met, 2r._failiag_~ meet these two requirements an application may be made to use property. for employee or customer automobile parking when the proposed parkin~ facility_ is immediately conti_cmous to the property, it is intended to serve. Such requests may be approved by the Board of County_ Commissioners following a recommendation of the Collier County. Planning commission pursuant to Section 2.7.2 of the land development code: and c. that in the case of off-site parking facilities proposed to be located on a lot or lots not under the same ownership as the lots on which the business or use said parking is intended to serve is located, such off-site parking may be approved as follows: 1. Subject to the procedures set forth in Section 2.3.5 of this code; or 2. When off-site parking is located on property contiguous to the property on which the business or use it is intended to serve is located and is in excess of the minimum amount of parking required pursuant to section 2.3.16 of this code. 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 1999. ; SEP ]. 4 Words struck throu_~h are deleted; words ~ are added. -2- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairman Approved as to Form and Legal Sufficiency: Marjone M. Student Assistant County Attorney ORD. NO. 99-46 SCR1VENER'S ERROR ORDINANCEdmd/f:drive 1999 Words struck through are deleted; words ~u~ are I added. -3- ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNY LAND DEVELOPMENT CODE, BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO ORDINANCE NUMBER 99-46, A PREVIOUS AMENDMENT TO THE LAND DEVELOPMENT CODE TO ACCOUNT FOR THE OMISSION OF AN AMENDMENT TO SUBSECTION 2.3.4.11 THEREOF; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners on June 16, 1999, adopted Ordinance No. 99-46, which amended Ordinance Number 91-102 as amended the Collier County Land Development Code; and WHEREAS, the Board of County Commissioners at their public hearing on June 16, 1999, did have in their possession an amendment to Subsection 2.3.4.11 of the Land Development Code which was further included in the summary sheet listing ail of the amendments that were to be covered by Ordinance Number 99-46; and WHEREAS, the public record specifically included the amendment to Subsection 2.3.4.11 having to do with establishing an off-site parking lot when contiguous to and serving a contiguous land use; and WHEREAS, the record reveals that it was clearly the intent of the Board of County Commissioners to adopt the amendment to Subsection 2.3.4.11; and WHEREAS, the amendment to Subsection 2.3.4.11 of the Land Development Code, however, was not included in the official ordinance which amended the Code (Oral. No. 99-~6); and WHEREAS, following said action in adopting Ordinance No. 99-46, staffbecame aware of the failure to include said amendments to Subsection 2.3.4.11 in Ordinance 99-46 and such omission constitutes a scrivener's error NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: SCRIVENER"S ERROR AMENDMENT Subsection 2.3.4.11, Locafiousl Requirements, of Seo~on 2.3.4, Off-Street Vehicular Facilities, of Division 2.3., Off-Stree~ Parking and Loading, of Ordinanc~ 91-102, a~ amended, the Collier County Land Development Code, is hereby amended to read as follows: I Words struck throuah areadded.deleted; words un~~ lr~ 1999 2.3.4.11 Locational requirements: 1. All required off-street parking facilities shall be located on the same lot they ser~e or may be located on another lot under the same or diffe~eat ownlerahJp, provided: a. The lots are contiguous or would be contiguous except for a roadway that is not designated as a collector or arterial in the U'affic circulation element of the growth management plan; and b. The lot proposed for parking permits parking facilities or the same or more intensive land uses then the lot on which the principal structur~ is located, or the locafional requirements for commercial uses identified in the future land use element ofthe growth management plan can be met:, or failing, to meet these two requirements an application may be made tO us~ property for employee or customer automobile parking when the proposed pafldng facility is immediately contiguous to the property it is intended to serve. Such requests may be approved by by the Board of County Commissioners following a recommendation of the Collier County Planning Commission pursuant to Section 2.7.2 of the land development code; and c. That is the case of off-site parking facilities proposed to be located on a lot or lots not under the same ownership as the lots on which the business or use said parking is intended to serve is located, such off-site parking may be approved as follows: 1. Subject to the procedures set forth in Section 2.3.5 of this code; O1' 2. When off-site parking is locaxed on property contiguous to the property on which the business or use it is intended to serve is located and is in excess of the minimum amount of parking required pursuant to section 2.3.16 of this code. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of Stale. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIC, Clerk COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairman Approved aa to Form and Legal Sufficiency: x x ~ A~is~t County Attorney Words s~u,k =hroD~h are dele=ed; words ~~t~-~a~ .... added.