BCC Minutes 04/13/1999 RApril 13, 1999
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 13, 1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
CHAIRWOMAN:
following members present:
Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT:
Robert Fernandez, County Administrator
David Weigel, County Attorney
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, April 13, 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 ITEM 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 SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL 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.
1. INVOCATION - PASTOR DAVID LEWIS - FIRST BAPTIST CHURCH OF NAPLES
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. March 9, 1999 - Regular Meeting
B. March 19, 1999 - Workshop
C. March 23, 1999 - Regular Meeting
April 13, 1999 (,
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
2)
Proclamation proclaiming the month of April, 1999 as Water Conservation
Month. To be accepted by Mr. Robert Griffin, Chairman, Collier Soil and
Water Conservation District.
3)
Proclamation proclaiming the week of April 18-24, 1999 as National County
Government Week. To be accepted by Robert F. Fernandez, County
Administrator, Collier County.
Proclamation designating the week of April 18 - 24, 1999 as Collier County Law
Enforcement Volunteer Week.
B. SERVICE AWARDS
1)
2)
Mary Esch, EMS - 20 Years
David Fox, Water Dept. - 5 Years
C. PRESENTATIONS
1)
Recommendation to recognize Jeff Bolen, Network Tech Professional,
Information Technology Department, as Employee of the Month for April 1999.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
1)
2)
To present the Certificate of Achievement for Excellence in Financial Reporting
to the Board of County Commissioners for the Fiscal Year ended September 30,
1997.
7. PUBLIC PETITIONS
To present to the Board of County Commissioners the Comprehensive Annual
Financial Report for the Fiscal Year ended September 30, 1998.
A. Mr. Elhanon Combs regarding a zoning interpretation.
Mr. Frank Blanchard, Chairman of the Marco Island Beach Advisory Committee,
regarding the dredging of Collier Bay and the installation of T-groins.
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Approve first amendment to the 1998 Tourism Agreement between Collier
County and the Tourism Alliance of Collier County.
2)
Accept the 1999 Standard Tourism Agreement between Collier County and the
Naples Area Chamber of Commerce.
3)
Adoption of a resolution establishing and appointing members to a
comprehensive plan standards ad hoc committee to review clustering and
natural resource protection standards.
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April 13, 1999
4)
To review the recommendation of the Greater Naples Civic Association
(GNCA) regarding the creation of a select committee to oversee the
development of a comprehensive urban/rural design master plan for Collier
County.
5)
Update on Code Enforcement Board action to pursue foreclosure of outstanding
liens.
B. PUBLIC WORKS
C. PUBLIC SERVICES
1)
Approve the purchase for 175± acres of property located one mile south of
Immokalee Road between 1-75 and the future Livingston Road for a proposed
regional park.
2)
A follow up report regarding an effort to establish a Municipal Service Taxing
Unit (MSTU) for the construction and maintenance of a neighborhood park on
Tract 179 located in Golden Gate.
D. SUPPORT SERVICES
1)
Recommendation to Accept Staff's Analysis of Short-Term General Office
Space Needs.
E. COUNTY ADMINISTRATOR
1) Presentation of "Post-Accident Drug Testing Program" Initiative.
2)
Discussion regarding the revised agenda format to begin with the April 27, 1999
BCC meeting.
3)
Report regarding quarterly meetings between the County, Cities and School
Board to discuss subjects of mutual concern.
F. AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Environmental Advisory Council.
B. This item has been deleted.
Discussion regarding resolution concerning the official language of government.
(Commissioner Carter).
D. Discussion regarding the prohibition of open fires. (Commissioner Berry)
E. Appointment of members to the Collier County Industrial Development Authority.
F. Appointment of members to the Health Facilities Authority.
G. Appointment of members to the Housing Finance Authority.
Resolution regarding animal abuse and cruelty cases investigated by Domestic Animal
Services. (Commissioner Constantine)
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April 13, 1999
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
1) Petition SNR-98-13. Donna Devlin, requesting a street name change from 28t"
Avenue SW to Painted Leaf Lane, located in Golden Gate Estates Unit 30, in
Section 29, Township 49 South, Range 26 East.
2) Petition SNR-98-10. Donna Devlin, requesting a street name change from 18t"
Avenue SW to Cedar Tree Lane, located in Golden Gate Estates Unit 31, in
Section 20, Township 49 South, Range 26 East.
3) Petition SNR-98-12. Donna Devlin, requesting a street name change from 26th
Avenue SW to Copper Leaf Lane, located in Golden Gate Estates Unit 30, in
Section 29, Township 49 South, Range 26 East.
4) Petition SNR-98-9 Donna Devlin, requesting a street name change from 20th
Avenue SW to Westport Lane, located in Golden Gate Estates Unit 31, in Section
20, Township 49 South, Range 26 East.
5) Petition SNR-98-7 Donna Devlin, requesting a street name change from 24ta
Avenue SW to Star Grass Lane, located in Golden Gate Estates Unit 31, in
Section 20, Township 49 South, Range 26 East.
6) Petition SNR-98-8. Donna Devlin, requesting a street name change from 22"d
Avenue SW to Sea Grass Lane, located in Golden Gate Estates Unit 31, in
Section 20, Township 49 South, Range 26 East.
7) Amendment to the Code Enforcement Board Ordinance providing the ability to
establish more than one Board and increasing the status of liens filed by the
Board.
8) An Interiocai Agreement between the City of Naples and Collier County
providing for the subsequent issuance of PD zoning and DRI Development
Orders by the City of Naples for the entire project consisting of a marina with
450 dry storage bay capacity and 36 wet slips; marina and related sales,
restaurants, marine construction staging, and boat and marine sales and rentals,
known as Hamilton Harbor located off Bay, Fern, and Danford Streets in
Sections 22, 23 and 27, Township 50 South, Range 25 East within the City of
Naples, Collier County, Florida consisting of 103+ acres and also located in
Section 23, Township 50 South, Range 25 East within the unincorporated Collier
County, Florida, consisting of 21+ acres.
13. BOARD OF ZONING APPEALS
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April 13, 1999
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
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) Approve the Satisfaction of Lien for Public Nuisance Resolution 98-413.
2) Accept second amendment to the 1997 Tourism Agreement between Collier
County and Visit Naples, Inc.
3) Request to approve for recording the final plat of Villas at Greenwood Lake
and approval of the performance security.
4) Approval of site alterations exceeding 25 acres for clearing and filling in the
Cedar Hammock Golf Course Development.
5) Request for authorization to pay for a transportation analysis prepared by URS
Greiner Woodward-Clyde related to the Comprehensive Plan Amendments for
density reduction.
6) Request for additional funding to prepare work products related to the
Comprehensive Plan Amendments for density reduction.
7) Approve the attached Satisfaction of Lien for Public Nuisance Resolution
94-496
8) Authorization of a 50% waiver/50% deferral of impact fees for one house to be
built by Timothy M. Ringer and Molly A. Ringer in Golden Gate Estates,
Collier County.
9) Authorization of a 50% waiver/50% deferral of impact fees for one house to be
built by Susan J. Frederick in Golden Gate Estates, Collier County.
10) Authorization of a 50% waiver/50% deferral of impact fees for one house to be
built by Julio C. Cisneros and Yadira Cisneros on Lot 10, Block 3 in Naples
Manor Addition, Collier County.
11) Request to approve the final plat of"Pebblebrooke Lakes Phase2"
12) Authorization of a 50% waiver/50% deferral of impact fees for one house to be
built by Rene Trejo in Naples Manor Annex, Collier County.
13) Approve the attached Satisfaction of Liens for Public Nuisance Resolutions:
91-675, 91-410, 91-409, 90-551, 90-46
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April 13, 1999
14) Request to approve for recording the final plat of "Riverchase Commons" and
approval of the performance security.
15) Approval of a lease agreement between Collier County and Acme Towers, Inc.
B. PUBLIC WORKS
1) Approval to renew Contract #95-2430 for Engineering Services, Bridge and
Structure Repairs.
2) Approve a Budget Amendment to replace a generator and renovate the
electrical system at the Naples Landfill Scalehouse.
3) Approve a Road Impact Fee Determination for St. Katherine's Greek Orthodox
Church.
4) Award a Contract to Native Technologies, Inc. for Phase VII, County-wide
Ditch Bank Clearing Project, Bid No. 99-2914.
5) Reject RFP #98-2866 for Fixed Term Professional Construction Engineering
Inspection Services.
6) Approve Work Order ABB-FT-99-1 to Agnoli, Barber and Brundage, Inc. for
Engineering Services related to a Proposed 16-inch Water Main along Radio
Road, Project 70029.
7) Approve an Agreement between the County and U.S. Home Corporation
(USHC) for Median Landscape Improvements on CR 951 adjacent to Naples
Heritage Golf and Country Club (NHGCC).
8) Change Order No. 1 to Addendum No. 3 of the Agreement with Law
Engineering and Environmental Services, Inc. for engineering and permitting
work on the Lely Area Stormwater Improvement Project (Project No. 31101).
9) Approve Amendment No. 1 to Professional Services Agreement with Greeley
and Hansen for design and implementation of 30-inch parallel sewer force main
on Immokalee Road, Contract #98-2790, Project No. 73943.
10) Approve Revised Settlement Agreement and Final Change Order related to the
South County Reclaimed Water Storage Ponds, Project 74011.
11) Reject Bid No. 98-2834 for Ostrophosphate/Polyphosphate
12) Increase dollar amount for Sole Source Purchase Order #913339 to Robicon for
variable frequency drive repairs.
13) Award Bid 99-2918 for Water Meters
14) Approve an Agreement providing for County Traffic Control Jurisdiction over
roads within the Villages of Monterey Subdivision.
C. PUBLIC SERVICES
1) Approve a resolution appointing officers to Collier County Agriculture Fair and
Exposition, Inc. Board of Directors.
2) Approve agreements with performers for Jazz Festival.
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April 13, 1999
3) Authorize the County Attorney's office to draft an ordinance amendment to
increase the Tourist Tax allocation for the Collier County Museum.
D. SUPPORT SERVICES
1) Approval of an Agreement between Riccardo B. Rivas, Ph.D., P.A. and Collier
County for the Maintenance of a Crisis Response Team in the Event of a
Disaster.
2) A Resolution for Approving the Satisfaction of Lien for a Certain Residential
Account Wherein the County has received Payment and Said Lien is Satisfied
in full for the 1991 Solid Waste Collection and Disposal Services Special
Assessments.
3) A Resolution for Approving the Satisfactions of Liens for Certain Residential
Accounts Wherein the County has received Payment and Said Liens are
Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services
Special Assessments.
4) A Resolution for Approving the Satisfactions of Liens for Certain Residential
Accounts Wherein the County has received and Said Liens are Satisfied in Full
for the 1993 Solid Waste Collection and Disposal Services Special Assessments.
5) Local Mitigation Strategy Contract Modification Between the Florida
Department of Community Affairs and Collier County.
6) Approve a Budget Amendment for Handicap Improvements at the Main
Courthouse.
7) 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.
8) A Resolution for Approving the Satisfaction of Lien for a Certain Residential
Account Wherein the County has received Payment and Said Lien is Satisfied in
Full for the 1992 Solid Waste Collection and Disposal Services Special
Assessments.
9) A Resolution for Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County has received Payment and said Liens are
Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services
Special Assessments.
10) Award of Quotes to Three (3) Vendors for Telemetry Service in Excess of the
$25,000 Bid Limit.
11) Contract between Collier County and the Southwest Florida Regional Planning
Council for Hazards Vulnerability and Critical Facilities Mapping.
12) Approve the Purchase of an E-One 1998 Navistar Class "A" Pumper.
13) To Authorize Chairman to Sign State of Florida EMS Matching Grant
Applications.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report - Budget Amendment Nos. 99-212 and 99-216.
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April 13, 1999
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed
H. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to the Board of County Commissioners to support the COPS
Universal Hiring Program Supplemental Grant Award #95CCWX0265.
2) Recommendation that the Board of County Commissioners serve as the Local
Coordinating Unit of Government in the State of Florida's Department of
Community Affairs' Anti-Drug Abuse Act Formula Grant Program.
I. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners adopt a resolution
establishing an alternative procedure for the approval of subdivision plats.
J. AIRPORT AUTHORITY
1) Approve a Budget Amendment that will recognize In-Kind Services of $16,000
to be provided by the Florida Department of Corrections.
2) This item has been deleted.
3) Approve a Budget Amendment that will increase the Mangrove Clearing
Project Budget by $36,667.00.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND
MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL
FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER
COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE
ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER
AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE
BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
A. Petition CU-99-1, Blair Foley, of Coastal Engineering Consultants, Inc., representing
Alexander Salem, requesting Conditional Use "7" of the agriculture zoning district to
allow a church and related facilities for property located on the southwest corner of
Immokalee Road (CR-846) and Rivers Road, in Section 30, Township 48 South, Range
27 East, Collier County, Florida.
B. Petition V-99-2, Stanley V. Richards representing William and Tara Sparacio
requesting a 1.44 foot after-the-fact variance from the required 30 foot side yard to
28.56 feet for a single family residence under construction. The subject property is
located on 17th Street S.W. and is further described as the south 180 feet of Tract 106,
Golden Gate Estates, Unit 194.
C. Petition PUD-98-19 Robert L. Duane, AICP, of Hole, Montes & Associates, Inc.
representing Boyne South U.S.A., requesting a rezone from RSF-3, GC, C-3 and "A" to
"PUD" Planned Unit Development to be known as Boyne South for a maximum of 154
single family and multi-family dwelling units, a 64-unit motel, a golf course, club house
and driving range for property located on the south side of U.S. 41 East, approximately
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April 13, 1999
5 miles east of C.R. 951, in Section 20, Township 51 South, Range 27 East, Collier
County, Florida containing 242.35 +/- acres.
D. CONTINUED TO THE APRIL 27~ 1999 MEETING. Petition PUD-98-21, David H.
Farmer, E.I., of Coastal Engineering Consultants, Inc., representing The Club Estates,
L.C., requesting a rezone from "PUD" to "PUD" Planned Unit Development in order to
merge The Club Estates PUD (Ordinance No. 97-69) and 99_+ acres of the Casa Del Sol
PUD (Ordinance No. 89-70) into a new Planned Unit Development referred to as The
Club Estates PUD which will consist of 51 residential dwelling units and a common
tennis recreation area for property located on the west side of C.R. 951 approximately
one mile north of Rattlesnake Hammock Road in Section 10, Township 50 South, Range
26 East, Collier County, Florida, consisting of 254.7 _+ acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
WORKSHOP
A BOARD OF COUNTY COMMISSIONERS' WORKSHOP TO DISCUSS THE
PROPOSED LOCAL OPTION SALES TAX WILL BE HELD IMMEDIATELY
FOLLOWING THE REGULARLY SCHEDULED BOARD MEETING.
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April 13, 1999
April 13, 1999
Item #3
REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR
ADOPTED WITH CHANGES
CHAIRWOMAN MAC'KIE: We'll call to order the meeting of the Board
of County Commissioners for April 13th, 1999. We are pleased to have
with us this morning Daniel Ciomo (phonetic) from First Baptist Church
who will lead in the invocation, after which you will remain standing
for the pledge of allegiance.
REVEREND CIOMO: In preparation for this morning, I reflected on
as our church we are a lighthouse, and -- for all people coming here
to Southwest Florida. And also, I was reflecting where the Word of
God says that there are three ordained institutions: We have family,
we have the church, and we have government. So this is an ordained
institution. And so it is with great privilege that I come to open
this session with prayer. And I wanted to read out of a prayer book
that seeks God's wisdom. So if we could just bow our heads.
Father, we ask that you compass this board, that men and women
will make their hearts and ears attentive to Godly counsel, to do what
is right in your sight. You believe you cause them to become men and
women of integrity, who are obedient concerning us, that we may lead a
quiet and peaceable life in all godliness and honesty.
We pray that the upright shall dwell in our government, that men
and women, blameless and complete in your sight, Father, shall remain
in these positions of authority, but the wicked shall be cut off from
our government and the treachery shall be rooted out of it.
Your Word declares that blessed is the nation whose God is the
Lord. We receive your blessing, Father, and you are our refuge and
stronghold in times of trouble. So we declare with our mouths that
your people will dwell safely in this land so we will prosper
abundantly. We are more than conquerors through Christ Jesus.
In the name of Jesus I pray, Amen.
(Pledge of allegiance was recited in unison.)
CHAIRWOMAN MAC'KIE: Thank you, Reverend.
Agenda changes this morning?
MR. FERNANDEZ: Madam Chairman, we have only three changes this
morning. They're all final plats. First is to add Item 8(A) (6),
request to approve for recording of the final plat of Olde Cypress,
Unit 1, and approval of performance security.
The second is to add Item 8(A) (7), which is a request to approve
for recording the final plat of Plaza of Galleria.
And the third addition is to add Item 8(A) (8), which is a request
to approve for recording the final plat of Forest Glen of Naples, and
approval of the standard form construction and maintenance agreement
and approval of the performance security.
Those are all of the changes, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Thank you.
How about you, Mr. Weigel, any changes?
MR. WEIGEL: None, thank you.
CHAIRWOMAN MAC'KIE: Thank you.
Commissioner Berry?
COMMISSIONER BERRY: Nothing.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: No.
CHAIRWOMAN MAC'KIE: Commissioner Carter?
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April 13, 1999
COMMISSIONER CARTER: No.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Unfortunately, yes, I have several.
CHAIRWOMAN MAC'KIE: I'm sure they're all deletions.
COMMISSIONER CONSTANTINE: No. I have one, two, three, four,
five, six items I've pulled from the consent agenda. They are
16 (A) (5) .
CHAIRWOMAN MAC'KIE: That will become?
COMMISSIONER CONSTANTINE: 8(A) (9).
CHAIRWOMAN MAC'KIE: Let me just catch up with you just one
second. 8(A), yeah, (9).
COMMISSIONER CONSTANTINE: 16(A) (6), which will become 8(A) (10).
CHAIRWOMAN MAC'KIE: You guys are quick.
COMMISSIONER CONSTANTINE: 16(B) (7), which becomes 8(B).
COMMISSIONER BERRY: What was that one, Tim?
COMMISSIONER CONSTANTINE: 16 (B) (7) .
CHAIRWOMAN MAC'KIE: Which is 8(B) (1) .
COMMISSIONER CONSTANTINE: 16 (C) (2) .
CHAIRWOMAN MAC'KIE: Which is 8(C) (3).
COMMISSIONER CONSTANTINE: 16 (C) (3) .
CHAIRWOMAN MAC'KIE: 8(C) (4) .
COMMISSIONER CONSTANTINE: And 16(H), as in Henry, (1).
CHAIRWOMAN MAC'KIE: Which -- where will that one go? We don't
have an 8(H).
COMMISSIONER CONSTANTINE: I think that actually will fall under
11 (A) .
COMMISSIONER NORRIS: 16(H) (1) ?
CHAIRWOMAN MAC'KIE: 16(H) (1) will become II(A).
COMMISSIONER CONSTANTINE: One other request. I wondered if we
could get Mr. Pineau at some point perhaps under Board of County
Commissioners items, 10, to give us just a little update on what went
on yesterday with the flood maps and so on.
CHAIRWOMAN MAC'KIE: Great idea.
Anything else?
COMMISSIONER CONSTANTINE: That would be 10(I), I guess.
COMMISSIONER NORRIS: Madam Chairman, I'd like to make a motion
that --
CHAIRWOMAN MAC'KIE: If I may real quickly.
COMMISSIONER NORRIS: Oh, you've got one?
CHAIRWOMAN MAC'KIE: I'm sorry, just that I need to abstain from
16(A) (11), which is the plat for Pebblebrooke Lakes, their client.
COMMISSIONER NORRIS: Okay. And I'll go ahead and make a motion
that we approve the consent agenda, the summary agenda and the regular
agenda, with changes as noted.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Before I call for the motion on that,
something I've been remiss in not doing is as to consent and summary,
particularly summary agenda items, we have to do ex parte
communication disclosure. So if you have any disclosure on any items
under the summary agenda, if you would make it, please.
My only disclosure is a meeting with Bob Duane on 17(C).
COMMISSIONER BERRY: 17(C)?
CHAIRWOMAN MAC'KIE: That's the Boynes South.
COMMISSIONER BERRY: Yes, likewise.
COMMISSIONER NORRIS: Likewise.
COMMISSIONER CARTER: Likewise.
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April 13, 1999
COMMISSIONER CONSTANTINE: Yeah.
CHAIRWOMAN MAC'KIE: Any others? If not, a motion and second.
Ail in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
APRIL 13~ 1999
ADD: ITEM 8(A)(6) -REQUEST TO APPROVE FOR RECORDING, THE FINAL PLAT OF "OLDE
CYPRESS, UNIT ONE" AND APPROVAL OF THE PERFORMANCE SECURITY. (STAFF'S
REQUEST).
ADD: ITEM 8(A)(7) - REQUEST TO APPROVE FOR RECORDING, THE FINAL PLAT OF "PLAZA
OF GALLERIA ". (STAFF'S REQUEST).
ADD: ITEM 8(A)(8) - REQUEST TO APPROVE FOR RECORDING, THE FINAL PLAT OF
"FORREST GLEN OF NAPLES" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY.
(STAFF'S REQUEST).
April 13, 1999
Item #4
MINUTES OF MARCH 9 REGULAR, MARCH 19 WORKSHOP AND MARCH 23,
REGULAR MEETINGS - APPROVED AS PRESENTED
1999
Got some minutes?
COMMISSIONER NORRIS: Move approval of the minutes of March 9th
regular meeting, March 19th workshop, and March 23rd regular meeting.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
(Unanimous vote of ayes.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
Item #SA1
PROCLAMATION PROCLAIMING THE MONTH OF APRIL, 1999 AS WATER
CONSERVATION MONTH ADOPTED
Our first proclamation, Commissioner Norris?
COMMISSIONER NORRIS: Okay, let me have Rob Griffin come up here,
Mr. Chairman, of the Collier County --
MR. GRIFFIN: Collier Soil and Water.
COMMISSIONER NORRIS: -- Soil and Water.
MR. GRIFFIN: Good morning.
CHAIRWOMAN MAC'KIE: If you'd come up here and just --
COMMISSIONER NORRIS: Just come right up here.
MR. GRIFFIN: Just come up here?
CHAIRWOMAN MAC'KIE: Uh-huh.
COMMISSIONER NORRIS: Yeah. We're going to get you on camera.
MR. GRIFFIN: Oh, okay.
COMMISSIONER NORRIS: Face the folks out there.
CHAIRWOMAN MAC'KIE: Hi, guys. Come on up here. You're not a
shy group, we know that.
COMMISSIONER NORRIS: Now I'll read this proclamation for you.
WHEREAS, the Florida Water Wise Council, Incorporated, an
organization of public and private partnerships, was created in 1993
by the Florida Xeriscape Committee in order to encourage all aspects
of water conservation among producers and users, and to promote and
achieve sound water management practices which will protect the
environment; and
WHEREAS, with over 100 volunteer members representing industries,
organizations and government agencies, the Florida Water Wise Counsel
strives to foster cooperation among diverse water-use interests,
including members of the agriculture industry, the plumbing industry,
utilities, developers, environmentalists, manufacturers, contractors
and educators, as well as governmental and regulatory agencies; and
WHEREAS, the Council consistently promotes water conservation by
establishing education networks, supporting research for water use
efficiency, developing water-wise guidelines, disseminating water
conservation information, serving as a resource for the development of
statewide partnerships, and advocating water management practices
which are compatible with economic growth; and
WHEREAS, the Florida Water-Wise Counsel has identified an
additional opportunity to raise conservation awareness and has
designated April, typically the last month of Florida's dry season
Page 5
April 13, 1999
when water needs are most acute, as Florida's inaugural water
conservation month to educate consumers about the need for
conservation and the ways in which they can help save the state's
precious water resources; and
WHEREAS, residential, commercial, agricultural and industrial
water users have many ways to save water, including ultra low flew
plumbing, Xeriscape landscaping, and the wise use of lawn sprinklers
to help conserve water~ and
WHEREAS, to save water, much of agriculture and industry have
converted to water conserving systems for irrigation; and
WHEREAS, every business, industry and homeowner can make a
difference when it comes to conserving water, a natural resource that
is vital to everyone.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners cf Collier County, Florida that the month of April, 1999
be designated Water Conservation Month in Collier County, and urge
ever}' consumer to become more aware of the need to save our precious
water supply and to take appropriate measures to conserve and protect
this vital natural resource.
DONE AND ORDERED this 13th day of April, 1999 by the Board of
County Commissioners, Collier County, Florida, Pamela S. Mac'Kie,
Chairwoman.
And Madam Chairwoman,
proclamation.
CHAIRWOM~ MAC'KIE:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
gentlemen.
(Applause.)
CHAIRWOMAN MAC'KIE:
feel free to say it.
I would like to move that we accept this
Is there a second?
Second.
All in favor, please say aye.
It passes unanimously. Thank you,
Rob, if you have something to say, please
Page 6
PROCLAAdA TION
WHERE/&
WHEREAS,
WHEREAS,
WHERE/&
WHEREAS,
WHERE/5,
WHERE/&
the F/or/da Water W/~e Council, Thc., an or~?an/zah'on of pubh'c and
private partnerships, was created in 1993 by the F/om'da Xeri$cape
Committee/n order to encoura-oe aY aspects of water conservation
amon.q producers and users and fo promote and achieve sound water
mana!Tement practices which will protect the environment; and,
w/th over I00 volunteer members representin~7 industries, or, lan/soft'ohs
and -oovernment a-Doric/es, the Flor/da Water Wise Council strives to
foster cooperation amah9 diverse water-use interests, includth-o
members of the a-or/culture industry, the plumbth9 industry, uti/it/es,
de relaters, en v/ront~en talt~ts, manufac furors, con trac tars, and
educators, as wen as 9overnmental and reEu/atory a~enct~s; and,
the Council consistently promotes water conservation by establishin-o
education networks, supportin-o research for water use efficiency,
deve/opin-o water wise -ouidelines di~seminatin-o water conservation
information, servth-o as a resource for the development of storewide
partnerships, and advocatin9 water manaEement practices ~hich are
compatible with economic growth; and,
the Florida Water W/se Council has identified an additional opportunity
to ra/~e conservation awareness and ha$ des/gnated /pril' typt~ally the
lost month of Flor/da~ d~ s~son when water needs are most acute, as
Florida ~ ~hau~ural ~ater Consolation Month to educate consumers
about the need for conservation and the ways in which they can help
save the $tOte~ prevtbus water resource,' and,
res/dent/al, commercial, a-om'cultural and industrial water-users have
many wayS to save water/nc/udin-o ultra-low-f/ow plumbing, Xeriscape
landscopln-o and the wise use of lawn sprinklers to help conserve water,'
to save water, much of a,or/culture and industry, have converted to
water conservin-o systems for irrigation; and,
every bus/ness, industry and homeowner can make a difference when it
comes to Conservb~3 water, a natural resource that is vita/to everyone.
NOW THEREFORe,, be it proclaimed by the Board of County Commissioners of Co/tier
County, F/or/do, that the month of April, 199~ be desi-onated
WA TER CONSERVATION/AONT'H
in Co/h'er Count)/and ur. qe every consumer to become more aware of the
need to save our precious water supply and to take appropriate
measures to conserve and protect this v/to/natural resource.
DONE/ND ORDERED THIS 13th 007 of April, 1999.
BOARD OF COUNTY COtAtd£55TONER5
PAMELA $. t~ACKIE. CHAIRW~.)Iv~AN /
D
April 13, 1999
Item #5A2
PROCLAMATION PROCLAIMING THE WEEK OF APRIL 18-24, 1999 AS NATIONAL
COUNTY GOVERnmENT WEEK - ADOPTED
Our next proclamation is Commissioner Berry.
COMMISSIONER BERRY: Yes, ma'am. If I could have Mr. --
CHAIRWOMAN MAC'KIE: Our county administrator.
COMMISSIONER BERRY: -- Mr. Fernandez.
WHEREAS, America's earliest immigrants placed great faith in the
county's form of government which traces its roots to Engiisher; and
WHEREAS, county government is truly vital to the nation's
citizenry serving, as the most resonant and pure of local government
voices; and
WHEREAS, when the federal government was formed, the framers of
the constitution gave great weight to the importance of county
government in its dual value to both the state and federal government;
and
WHEREAS, county government's primary concern is to assure that
county leaders provide information and encouragement to its citizens
so that together they can build strong sustainable communities which
nurture the economic, environmental, and social well-being of all
citizens; and
WHEREAS, the quality of life for all Americans is dependent upon
choices that accommodate economic development while preserving vital
natural environmental systems; and
WHEREAS, natural scenic, cultural and historic resources are
important community assets; and
WHEREAS, the process of arriving at a community vision should be
open and inclusive and reflect the diverse population of the
community; and
WHEREAS, safe, healthy, drug-free communities are necessary to
ensure a high quality of life for its citizens; and
WHEREAS, community stability and social well-being go hand in
hand; and
WHEREAS, community leaders and all citizens should take a step to
learn about resources and programs available that can work to improve
their community's sustainability.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 18th through the
24th, 1999 be designated as National County Government Week.
DONE ~4D ORDERED this 13th day of April, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman.
Madam Chairwoman, I'd like to move acceptance of this
proclamation.
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.t
CHAIRWOMAN MAC'KIE~
Second.
All in favor, say aye.
Passes unanimously.
Let's pat oursel';es on the back.
(Applause.)
CHAIRWOMAN MAC'KIE: And Commissioner Cons -- I'm sorry, Bob, did
you have anything?
MR. FERN~4DEZ: No.
CHAIRWOMAN MAC'KIE: Thank you.
Page 7
WHEREAS,
WHEI~EAS,
WHEREAS,
merlca s earliest immijTrants placed great faith in the county form
o£ government, which traces its roots to Englishshire; and,
county government is truly vital to the nation's citizenry, serving as
the most resonant and pure of Iocal government voices; and,
when the £ederal government was formed, the framers of the
Constitution gave great weight to the importance of county
government and/ts dual value to both the state and federal
government: and,
WHEREAS,
county government's primary concern is to assure that county
leaders provide information and encourajTement to its citizens so
that to!lether they can build strong sustainable communities which
nurture the economic, environmental and social we//-be/n~ of ail
citizens: and,
WHEREAS,
the quab'ty o£ b'fe for ali Americans is dependent upon choices that
accommodate economic development while preservin9 vita/natural
en vironmen to/~)o-fe~' amd,
WHEREAS, natura/, scenic, cultural and historic re~ource~ are important
communi~ assets; and,
WHEREAS, the proc~s of a~iving at o communi~ v/~bn should be open and
inclusi~ bad reflect the d/verse population of the community;
WMEgEAS. ~ofe, healthy, dc~-free communities ace nec~s~ to ensure o high
q~li~ of life for its citizen; and,
WHEREAS, co~ni~ ~tab/h'~ and soc/o/ we//-bein99o hand-in-hand' on~
WHEREAS, co~un/~ /eodecs and off cHizens should takt o step to leach about
ce$o~cc~ and p~o~oms available that can ~ck to impcove their
~0~ T~EgEFOgE be ~t praclaime~ by t~e ~aard of Ca~nty Comm~sioners of
DONE AND ORDERED THIS 13th Day of April, 1999.
BOARD OF COUNTY COIHtA£55£ONER$
PAMELA $. MAC'KZE, CHAZRWC~M~AN
April 13, 1999
Item #5A3
PROCLAMATION DESIGNATING THE WEEK OF APRIL 18-24, 1999, AS COLLIER
COUNTY LAW ENFORCEMENT VOLUNTEER WEEK - ADOPTED
Commissioner Constantine has our next proclamation.
COMMISSIONER CONSTANTINE: Which would be Collier County Law
Enforcement Volunteer Week. I think Lieutenant Jeff Cox and Miss
Julianna Anderson are here.
CHAIRWOMAN MAC'KIE: Whoever you brought with you, Julianna,
bring them on up. Just come on up here and pose for the cameras.
COMMISSIONER CONSTANTINE: Wave to everybody in TV land and we'll
be in business.
CHAIRWOMAN MAC'KIE: We should get Julianna to sing while she's
here. It's a shame to waste that opportunity.
COMMISSIONER CONSTANTINE: Excellent talent. If you will face
our friends that way and we'll read the following proclamation:
WHEREAS, the week of April 18th through 24, 1999 has been
designated as National Volunteer Week; and
WHEREAS, the Sheriff of Collier County has designated this week
as Collier County Law Enforcement Volunteer Week in appreciation of
the dedicated law enforcement volunteers serving this community; and
WHEREAS, over 70 volunteers of the Collier County Sheriff's
Office unselfishly contributed approximately 17,610 hours of service
in 1998 for the benefit of the community and the Collier County
Sheriff's Office; and
WHEREAS, the volunteers of the Collier County Sheriff's Office
perform in an exemplary, dedicated and conscientious manner in many
capacities and environments; and
WHEREAS, this proclamation recognizes the tremendous contribution
and experience our civilian volunteers bring to the Collier County
Sheriff's office and the community.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that the week of April 18
through 24, 1999 be designated as Collier County Law Enforcement
Volunteer Week in honor of those who give so much of themselves to
benefit others and to serve the citizens of Collier County.
DONE AND ORDERED this 13th day of April, 1999, Board of County
Commissioners, Pamela S. Mac'Kie, Chairwoman.
Madam Chairwoman, I would like to move this proclamation.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Ail in favor, say aye?
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: It passes unanimously.
(Applause.)
MR. COX: May I say one thing?
CHAIRWOMAN MAC'KIE: Sure, if you will step up to the microphone.
MR. COX: Thank you. For the record, Lieutenant Jeff Cox,
Collier County Sheriff's Office.
On behalf of Sheriff Hunter and on behalf of all of our
volunteers and volunteers throughout the state, I want to thank you
very much for recognizing, and it's a pleasure. Anything?
CHAIRWOMAN MAC'KIE: Thank you.
Page 8
April 13, 1999
MS. ANDERSON: I'm Julianna Anderson, and I'm the volunteer
coordinator for the Collier County Sheriff's Office, which is a great
job, and I'm always looking for volunteers, so I'm making an appeal
now and doing my job.
CHAIRWOMAN MAC'KIE: There you go.
MS. ANDERSON: I brought some people with me that have taken time
off from their volunteer duties to come over. But we're always
looking for volunteers, just give us a call. Thank you.
CHAIRWOMAN MAC'KIE: Thanks, Julianna.
And before our next presentation, I need to make a couple of
announcements that I forgot to make, frankly, earlier. One is on Item
12(C) (8), which is the Hamilton Harbor, some people from the City of
Naples are coming over and I told them we'll try to hear that item as
close to when they arrive as possible in respect for their schedules
as public servants.
I also need to announce to anyone in the audience who is a
lobbyist that as of yesterday, Collier County Ordinance 99-22 requires
that all lobbyists shall, before engaging in any lobbying activities,
including but not limited to addressing the Board of County
Commissioners, shall register with the clerk to the board at the board
minutes and records department.
So if you're a lobbyist, I'll be asking you today and probably
for a little while if you have registered appropriately, and it would
be illegal for you to speak to the board if you haven't.
COMMISSIONER CONSTANTINE: And Madam Chair, is it true that if
they haven't, it's actually a 48-hour cooling off period from the time
they register until the time they come up? CHAIRWOMAN MAC'KIE: You wish.
And the next one is just by way of explanation to the rest of the
board that about 9:30 I'm going to slip out and have a phone
conversation briefly with Secretary Seibert, just to see if there's
any update on our meeting that I could report to you.
Page 9
APR 1 3 lggg
PROC"LA/HA T£ON
WHEREAS,
WHEREAS,
WHEREAS,
the week of April 18-24, 1999 has been designated as "National
Volunteer Week';' and,
the Sheriff of Collier County has designated this week as "Collier
County Law Enforcement Volunteer Week# in appreciation of the
dedicated/aw enforcement volunteers serving this community; and,
over 70 volunteers of the Cailler County Sheriff's Office unselfishly
contributed approximately 17,610 hours of service in 1998 for the
benefit of the cammunity and the Collier County Sheriff's Office;
and,
WHEREAS,
the volunteers of the
exemplary,
and
County Sheriff's Office perform in an
manner in many capacities
WHEREAS,
County
WHEREAS,
Won and
County
NOW
issioners of
1999 be
in honor oi
and to serve
to benefit others
DONE AND ORDERED Tt~$ lSth Day of April, 1999.
ATTEST:
BOA R O OF CO UN TY COt~ td T5 5IONER $
COLLIER COUNTY, FLORIDA
D CLERK
April 13, 1999
Item #5C
JEFF BOLEN, NETWORK TECH PROFESSIONAL, INFORMATION TECHNOLOGY
DEPARTMENT, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR APRIL 1999
And now we will have presentation to Jeff Bolen, who is the
employee of the month for April.
Jeff, come forward, please, while we read about your wonderful
record. Come on up here, if you would. Thanks.
Jeff has been employed with the information technology department
since 1996. He is an outstanding employee who has chosen many -- who
has been chosen many times for outstanding customer service and team
work awards by his fellow employees.
Jeff has extended himself by working overtime on weekends and
after hours without hesitation or complaint. He's always available to
assist fellow information technology staff members, as well as other
county employees.
Jeff has proven to be an exemplary employee, and without
hesitation has been chosen as April's employee of the month.
Jeff, I'm happy to present you with this letter of accommodation
for your file, a check as a token of our appreciation, and this plaque
that we hope you'll display proudly. And we thank you for your work.
MR. BOLEN: Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
(Applause.)
CHAIRWOMAN MAC'KIE: And while we're in the awards department, I
don't know who, Mr. Fernandez, but someone is going to present a
certificate of achievement for excellence in financial reporting.
Item #SB
EMPLOYEE SERVICE AWARDS - PRESENTED
COMMISSIONER CARTER: We've got service awards, too, Madam
Chairman.
CHAIRWOMAN MAC'KIE: Did I skip those? I am so sorry. Forgive
me. Sorry, guys.
Commissioner Carter, please, do the service awards.
COMMISSIONER CARTER: Thank you.
This is always I think a really great opportunity in our meetings
to recognize county employees who have worked so long and hard for us.
And particularly in an area where we have zero unemployment in the
county. And as difficult as it is to find and keep people, I always
-- it's really a pleasure to recognize people who have spent time with
us.
The first is for Mr. David Fox, who has spent five years with us
in the water department.
David?
(Applause.)
CHAIRWOMAN MAC'KIE: Thank you, sir.
COMMISSIONER CARTER: And our second service award this morning
is for Mary Esch, with EMS, for 20 years.
(Applause.)
COMMISSIONER CARTER: Thank you, Madam Chairman.
CHAIRWOMAN MAC'KIE: Thank you. And thank you for catching me up
on our agenda.
Page 10
April 13, 1999
Item #6Al&2
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR
FISCAL YEAR ENDED SEPTEMBER 30, 1997 AND PRESENTATION OF THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTMEBER 30, 1998
Now we'll have Mr. Mitchell.
MR. MITCHELL: Madam Chair, Commissioners, good morning. For the
record, my name is Jim Mitchell; I'm the director of the finance and
accounting department.
We actually have two items on the agenda today back-to-back. And
if it pleases this board, I'd like to take both of them at the same
time --
CHAIRWOMAN MAC'KIE: Please.
MR. MITCHELL: -- since they do address the same issue.
As you are aware, the clerk of the Circuit Court, serving in the
capacity of ex-officio clerk to the board, is responsible for the
coordination of the annual independent audit, along with production of
the comprehensive annual financial report that we commonly refer to as
the CAFR.
Our first presentation today deals with the CAFR for the fiscal
cycle ending September 30th, 1997, while the second issue deals with
the CAFR for the cycle ending September 30th of 1998.
For those of you who do not know, the Government Finance
Officer's Association has created an award known as the Certificate of
Achievement for Excellence in Financial Reporting. This award program
was established by the GFOA in 1945 to encourage all government units
to prepare and publish an easily readable and understandable
comprehensive annual financial report covering all funds and financial
transactions of the government during that fiscal cycle.
The GFOA, along with this county, believe that governments have a
special responsibility to provide the public with a fair presentation
of their financial affairs. The CAFRs prepared by and for Collier
County go beyond the requirements of generally accepted accounting
principles to providing the many users of our financial statements
with a wide variety of information used in evaluating the financial
condition of this county.
Collier County has received this award for 11 consecutive years,
and it is with great pride that we present to you today the 12th
consecutive award for that CAFR that was prepared for the fiscal cycle
ending September 30th of 1997.
I'd like to read this award to you if I could. It states:
Certificate of achievement for excellence in financial reporting
presented to Collier County, Florida for its comprehensive annual
financial report for the fiscal year ending September 30th of 1997. A
certificate of achievement for excellence in financial reporting is
presented by the Government Finance Officers Association of the United
States and Canada to government units and public employee retirement
systems whose comprehensive annual financial reports achieve the
highest standards in government accounting and financial reporting.
Madam Chair, on behalf of the clerk of the circuit court, we'd
like to present you with this award.
CHAIRWOMAN MAC'KIE: Thank you. And congratulations to you. A
nice even dozen.
Page 11
April 13, 1999
MR. MITCHELL: The second item that we have on the agenda is the
clerk of the circuit court, also in his role as the ex-officio clerk
for the board, is responsible for the coordination of the annual
independent audit, along with the production of the comprehensive
annual financial report.
In this role, the clerk is pleased to formally present you the
CAFR for the fiscal cycle ending September 30th of 1998. This CAFR
represents a significant investment of effort by the finance and
accounting department, along with those involved county employees.
Before we present you with the CAFR, we'd like to express our
appreciation to this board, the other constitutional officers, along
with the county administrator, his division administrators, and the
department directors, not only for their assistance with the CAFR, but
for their assistance throughout the year in matters pertaining to the
financial affairs of this county. In addition, we would like to
extend our appreciation to KPMG for a job well done.
Derrick, if you'd like to go ahead and hand those out.
At this point, I'd hoped to be able to turn the podium over to
Chip Jones, who is the managing partner for KPMG. But unfortunately
he's tied up on 1-75 and the traffic that's out there. He said he
would be about another half-hour before he comes in, and he would like
to address the board when he does arrive. If it's the pleasure of
this board, we'd certainly like to have him do that.
CHAIRWOMAN MAC'KIE: Well, it would be appropriate, I would
think. He'll give us a summary of --
MR. MITCHELL: Absolutely. He's got a --
CHAIRWOMAN MAC'KIE: -- this?
MR. MITCHELL: -- small 10-minute presentation prepared, to go
through that.
CHAIRWOMAN MAC'KIE: I'd like to hear that.
Is that okay with the rest of the board? Okay.
MR. MITCHELL: So when he arrives, I'll let Sue or someone know.
CHAIRWOMAN MAC'KIE: Let Sue know.
MR. MITCHELL: Very good. Commissioners, thank you.
CHAIRWOMAN MAC'KIE: Thank you, Jim.
Item #7A
MR. ELHANON COMBS RGARDING A ZONING INTERPRETATION - STAFF TO MEET
WITH MR. COMES REGARDING CLARIFICATION
Okay, the next item is a public petition, 7(A). Mr. Elhanon
Combs on the zoning interpretation. Is Mr. Combs here? There you
are.
Mr. Weigel, I'm sorry to spring this on you without asking you
ahead of time, but in my prior life I represented the Combs in their
-- with regard to a different property, not the one that's in front of
us, and I haven't represented them in years. But I just thought I
should probably ask you if that's a conflict.
MR. WEIGEL: I appreciate that. I think it's wise to ask. And
if you can tell for the record, stating that you have no present or
recent past remunerative relationship with them and no anticipated
relationship in the future, not within the last 12 months --
CHAIRWOMAN MAC'KIE: I can so state.
MR. WEIGEL: -- I think you are clear. Thanks for asking.
Page 12
April 13, 1999
COMMISSIONER CONSTANTINE: Madam Chairman, I assume we're staying
with the standard procedure on public petition items. Our only
decision today is whether or not to put it on a regular agenda for a
full-blown hearing.
CHAIRWOMAN MAC'KIE: Are you aware of that, Mr. Combs? All we
can do today is to hear your presentation and either direct staff to
go further with it or to tell you that we wouldn't do that. And
you're limited to 10 minutes.
MR. COMBS: My name is Elhanon Combs. Good morning,
commissioners.
And I've lived in Collier County for 45 years. And it's so odd
that I could be here when I was picked as one of the people to be the
first code enforcement officer, and also zoning officer. But I didn't
think I was qualified at that time. And Carl Klemmer got the job.
Well, I've been a contractor, in real estate business all the
time I've been down here. I don't have a problem whatsoever with
zoning or codes. The only thing I'm concerned about is the
interpretation of zoning and it takes away my property rights. And as
far as I know, I cannot find anything in the zoning book ever since
they've been in existence in Collier County.
This is the first, it's got 76 pages. This is the second one,
it's got 190 pages. And this is the first comprehensive plan that was
adopted in Collier County. This is half as big as the zoning book we
have today. This same little book here, if you read it, basically you
can understand the zoning the way it is today. But this scares you to
death. Zoning is based on common law, and the common person should be
able to understand it. But they can bring a book like this in front
of you, one twice this big, and they'll look through that and they'll
find something else that they can't explain to me about the zoning
law.
So I would like for somebody to tell me in zoning where I'm in
violation of zoning of the two pieces of property I got. Both of them
were built prior to comprehensive plan, both are them were permitted.
One of them has been in existence for over 45 years -- over 50 years.
And the other has been in existence over 25 years. And I still am
having my property rights taken away from me. One piece of property I
haven't been able to rent it for over 20 years just because of the
interpretation of the zoning laws. I would like for somebody to give
me an interpretation where I'm in violation of the zoning laws.
COMMISSIONER CONSTANTINE: That's all you're asking for this
morning is a clarification of zoning laws? I'm sure the board has no
objection if the staff meets with you and clarifies. I think your
item has already been before the Code Enforcement Board. And I'm sure
that our staff will be happy to go through and show exactly which
codes you're in violation of, according to our own Code Enforcement
Board.
MR. COMBS: Please.
COMMISSIONER CONSTANTINE: Vince, can you make sure somebody does
that?
MR. CAUTERO: Sure.
COMMISSIONER CONSTANTINE: Thank you, Mr. Combs. If you would
just wave to him. Vince Cautero, someone with him and his staff will
sit down with you right now and just show you. Apparently you've been
through the process with the Code Enforcement Board and they've found
violation of some specific code. And I'm sure these gentlemen can
show you exactly what that is.
Page 13
April 13, 1999
MR. COMBS: There's no problem. I've admitted that. I've
admitted that I left the code violation up so I could get in front of
you people. That's the only reason I left them stay there.
COMMISSIONER CONSTANTINE: The only thing I heard you ask for
was.
MR. COMBS: Zoning.
COMMISSIONER CONSTANTINE: -- clarification of what --
MR. COMBS: Right.
COMMISSIONER CONSTANTINE: And they will provide that for you.
Thank you.
MR. COMBS: What do you mean? They going to tell me now?
COMMISSIONER CONSTANTINE: We're not going to do that in a public
forum and debate the code. They will show you which code and then if
you disagree, there's a process to go through for that. MR. COMBS: Well, let me -~
COMMISSIONER CONSTANTINE: This isn't it.
MR. COMBS: -- before I sit down, I think the biggest problem
with this, the definition of structure. I wish somebody would give me
a definition of structure.
COMMISSIONER NORRIS: They could do that.
MR. COMBS: They could do it, but they do it like a structure is
the courthouse. They look at it like the mini mall is a structure.
Mini mall is a building. And if you look at the definition of
structure in here, it's between 1,000 for one building, a combination
of buildings, which is 4,000. That's a major building.
Now, what would you call the mini mall? Is that a structure or
major building?
COMMISSIONER CONSTANTINE: Well, unfortunately that isn't the
current code. And as the code has changed over time, and you know
that if you've been --
MR. COMBS: It's basically the same.
COMMISSIONER CONSTANTINE: It doesn't matter if it's basically
the same or not. If it's not exactly the same, that isn't the current
code. And you've been here 45 years, that's longer than most and you
know that things have changed an awful lot in that time and the code
has had to change along with it.
But I just ask you to give Mr. Mulhere and Mr. Cautero and --
MR. COMBS: Hey, I've been in front of that so guy many times
it's silly. He'll say one thing one day, the next day it's something
else.
COMMISSIONER CONSTANTINE: Mr. Cautero, I assume you'll be able
to provide it in writing so that there won't be any question? And
then we're going to close this out, we're not going to debate the
issue in --
MR. COMBS: My wife wants to say a few words.
MR. CAUTERO: Vince Cautero for the record. While Mrs. Combs is
coming up, we've done that, we'll be happy to do it again and meet
with Mr. Combs again to explain our opinion.
MS. COMBS: Good morning, Commissioners. My name is Sandy Combs.
I've never been up here before and I'm not a speaker, so please bear
with me.
I came to Naples in 1967. Of course, Naples was just a small
town. Even back then you could see the future of Naples. You knew
that real estate would be an excellent investment. So I started
buying small lots for $300. Real estate definitely would be a good
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April 13, 1999
investment for making a living. Buy and sell to make money. This is
what we did and we've done real good over the years.
Then all of a sudden, it seems like we hit a major stumbling
block with Collier County. We have not been able to use a couple
pieces of property for what it was bought, built and used for its
original intent.
We have paid taxes for years. For what? Seems citizens of
Collier County are having to play the mother-may-I game.
We have hundreds of calls on one particular piece. The calls are
all recorded. You just cannot change zoning on a piece of land that a
person built and used for years. When these people call, we can give
them all the information on the property but we cannot quote a zoning
for its use. How would you answer it if it was yours? Well, we say
we built the building for commercial C-2 which is equivalent to C-5
today, maybe. But you have to go to the county and see if your use is
permitted. Again, play the mother-may-I game.
And you know the response from them on the other end is? "I know
this is the toughest county to get anything done in I've ever seen."
It is true. But on the other hand, the big developers can seem to get
done whatever they want to. Why is that? It seems awfully strange to
me and a lot of other people.
Why should a person build or buy a piece of property or a
business and not be able to use it for its original intent or use? It
doesn't make sense, especially when you pay taxes years after years
after years. The taxes end up eating up the price of the increased
value of the property. So you are losing -- you are losing a
never-ending battle.
What about the mom and pops, how can they survive when they are
being threatened with big change? We try to survive because we
believe in freedom of what we are doing in this good country of ours.
But unfortunately, sometimes you feel like you are beating a dead
horse. This is not right for the American people to feel in this great
nation of ours.
I am sure we are not the only property owners who are being
treated this way in Collier County. Real estate and zoning and
property rights are no longer a guarantee of anything because the
rules change here in Collier County. They even change from one day to
the next, depending on who you talk to in the staff.
A realtor once said, remember, you don't marry property in
Collier County, you married your spouse. Another quote one said is
you don't have to work for your money, let your money work for you.
Well, it just doesn't seem to work here.
So I guess my reason for being here is to plead with you to give
back our property rights so a person knows what they have to sell
instead of playing the mother-may-I game.
It's a joke. Collier County government does make mistakes and
they also have the power to correct them. Please do so. Thank you.
Item #7B
MR. FRANK BLANCHARD, CHAIRMAN OF THE MARCO ISLAND BEACH ADVISORY
COM~ITTEE, REGARDING THE DREDGING OF COLLIER BAY AND THE INSTALLATION
OF T-GROINS - TO BE BROUGHT BACK AS A REGULAR AGENDA ITEM
Page 15
April 13, 1999
COMMISSIONER CONSTANTINE: All right, Item 7(B) is another public
petition, and that is Mr. Frank Blanchard, chairman of the Marco
Island Advisory -- Beach Advisory Committee. Frank?
MR. BLANCHARD: Good morning, Commissioners. For the record, my
name is Frank Blanchard.
COMMISSIONER CONSTANTINE: I assume you know the rules of the
podium.
MR. BLANCHARD: Ten minutes.
But I'd also like to point out, we put a few pictures in a folder
which Mr. Fernandez is handing out. On the first page is a list of
assistant speakers. First of all, we had the pleasure of Nick
Carsillo driving Barbara Berry, Harry Huber, and Ken Henderson
(phonetic) through the Collier Bay inlet last August.
We would like to give you an update of what that situation is.
Our first speaker is Bob Bowers. He's the president of the Golden
Marco West Condominium Association. And the speakers are listed in
that first page. I'll summarize at the end.
MR. BOWERS: Good morning. Please refer to the first color
photo, an 8 1/2 by 11 in this blue folder that was just supplied to
you.
My name is Bob Bowers, and I am president of Ville de Marco West,
a 72-unit condominium located on the Point, on the east side of
Collier Creek and the south side of the Marco River at the junction of
the two.
We are experiencing a severe subsurface erosion; that is, a
scouring in Collier Creek under our docks and along our over 500 feet
of seawall. The process is caused by the narrowing of Collier Creek
due to the sand piling up on the western side of Collier Creek; and
thus, the constriction of the creek, which accelerates the velocity of
the water through this part of the creek, as the tidal flow goes in
and out of Collier Bay and Smokehouse Bay.
The erosion under our docks and along and over the 500 feet of
seawall has and continues to cause many of our dock pilings to be
destablized, washed out and washed away. Depth soundings over a
recent ll-month period show a loss of up to three and a half feet of
creek bottom during that ll-month period.
At one place along our seawall, the depth of the water to the top
of the dock increased from eight feet to 23 feet since 1995. If this
continues, we are sure to lose some or all of our seawall. Thank you.
MR. CARSILLO: Good morning, Commissioners. I'm Nick Carsillo,
president of the Collier Bay Homeowner's Association.
We've maintained all of the markers in the bay for navigation
safety at no cost to the county for about 12 years. It's been done
through donations.
The county has made a donation to Collier Bay in the tune of
about 100,000 tons of sand. And I guess it's the first time that
somebody wants to give something back to the county. Well, we'd like
to give you back the 100,000 tons of sand that you've put into Collier
Bay and Collier Creek.
Navigation, as you've heard, is a problem. It's our number one
concern. Sailboats, 50, 60-foot boats are going through there. And
as the picture will demonstrate, it's narrowing. I've had the players
involved on my boat, and I think on my dock they agree that something
has to be done. It has to be dredged. It needs to be done soon
before we have a serious accident.
Page 16
April 13, 1999
You've heard the problems at the Villa. Our request is that the
sand be dredged out as soon as you can possibly get staff to do the
necessary paperwork with the state for permitting. It would be crazy
to throw the sand away. So the best thing to do is to move it right
from where it is now back to where it came from. And that's a
donation we'd like to make to you at no charge.
So as soon as you can get your wares together, we'd appreciate
your instructing staff to work on the permitting process. The turtles
are into their act between May 1st and October whatever, and somewhere
in between we would like to have the necessary dredging permits
received through the county from the state to accomplish this.
Anybody have any questions?
CHAIRWOMAN MAC'KIE: I have just one. Doesn't this also involve
something about installation of T-groins?
COMMISSIONER BERRY: That's another item.
MR. CARSILLO: That's another area.
CHAIRWOMAN MAC'KIE: It's the next phase.
MR. CARSILLO: But some way to stabilize the beach would be
through the T-groins, obviously. I didn't want to waste my minute and
a half on that.
CHAIRWOMAN MAC'KIE: Okay, thank you. Let's go to the next
speaker.
MR. SCHIERING: My name is Jim Schiering, and I'm president of
Royal Marco Point I Condominium Association at Hideaway Beach. I
represent about 350 families who live on Hideaway, adjacent to the
badly eroded section of the beach adjacent to the Big Marco Pass. I
think there's three or four pictures in your booklet there that show
some of the erosion.
Thank you for the opportunity to address you regarding this need
for assistance to maintain the beach and the conservation area
adjacent to the Big Marco Pass and the inlet to Collier Bay.
About two years ago five temporary T-groins were placed on
Hideaway Beach, adjacent to the Big Marco Pass, to help stabilize
areas that had suffered severe erosion of the beach and the
conservation area. The severe erosion was also threatening buildings
and homes along the Big Marco Pass. At that time the building at 2000
Royal Marco Way was within 40 feet of the high water line, and we had
lost well over 100 very large trees in the conservation area that
protects the buildings.
In addition, the shoreline had advanced over 100 feet landward,
plus the beach had disappeared. Since the groins have been placed,
they have protected the buildings and conservation area and allowed
for a beach to form between the T-groins, moving the high water line
seaward about 50 feet.
Prior to the groin installation, erosion had regressed at other
areas north of the proposed T-groins sites, which now is eroded
substantially, threatening other buildings and homes.
We desperately need at least two additional T-groins to stabilize
the north area adjacent to the condominiums and halt the erosion from
destroying more trees and threatening the buildings. The groins will
also inhibit the migration of sand from the beach into the Collier Bay
inlet.
We also need sand placed at the south end of the beach to help
stabilize the area adjacent to the single-family homes north of the
other T-groin placement. That's -- there's also a picture in there
showing that area. After the T-groins are placed, we ask a
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April 13, 1999
consideration of a major restoration of the entire beach be promptly
made.
All of these requests have been recommended by Humiston and
Moore, which is the firm that has performed the Big Marco Pass, the
Creek Pass Inlet Management Study. Thank you. Do you have any questions?
CHAIRWOMAN MAC'KIE: No. We better keep this moving to get our
ten minutes.
MR. SCHIERING: Okay. Very good.
COMMISSIONER CONSTANTINE: You've got about two left to
summarize, I think, Frank.
MR. BLANCHARD: That's perfect time.
CHAIRWOMAN MAC'KIE: Good.
MR. BLANCHARD: We've given you some of the photographs. We've
worked with Harry Huber and Ken Humiston. We did have an additional
review with Dr. Bob Dane (phonetic) a short time ago. We ask your
assistance by directing staff to promptly apply for the permits and
get contracts to complete this job this year.
Last August we had talked of maybe having it done by May, but
we'd like to have this done this year. Any questions?
CHAIRWOMAN MAC'KIE: Questions, board members? No?
COMMISSIONER BERRY: I'm concerned about all of the project. I
can go along with part of it, but I'm not sure I can go along with all
of it.
COMMISSIONER CONSTANTINE: I don't have any objection to putting
it on a regular agenda and discussing it -- COMMISSIONER BERRY: I think so.
COMMISSIONER CONSTANTINE: -- because I think I feel the way you
do, there are parts there that I have some concerns about.
COMMISSIONER BERRY: Right, so I think we --
COMMISSIONER CONSTANTINE: Let's talk about it and move forward.
CHAIRWOMAN MAC'KIE: So shall we direct the county staff to put
that on the --
COMMISSIONER NORRIS: Yes, we should.
CHAIRWOMAN MAC'KIE: -- regular agenda?
COMMISSIONER NORRIS: Yes, we should.
COMMISSIONER BERRY: Absolutely.
CHAIRWOMAN MAC'KIE: We will. Thank you. And then we'll have
the substantive discussion because we do have some comments already
from the Conservancy and others. We'll have that discussion at the
time it's a regular agenda item.
MR. BLANCHARD: Thank you.
CHAIRWOMAN MAC'KIE: Thank you, sir.
COMMISSIONER CONSTANTINE: Is our little sign posted today?
CHAIRWOMAN MAC'KIE: Yeah, whoever -- please turn your cell
phones and beepers to silent or off, please, when you are in here. It
just disturbs the meeting.
Item #8Al&2
FIRST AMENDMENT TO THE 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE TOURISM ALLIANCE OF COLLIER COUNTY - CONTINUED TO THE MEETING
OF 4/27/99 AT WHICH TIME AN UPDATE ON THE VISITOR'S BUREAU WILL BE
PRESENTED; 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
THE NAPLES AREA OF CHAMBER OF COMMERCE - CONTINUED TO THE MEETING OF
APRIL 27, 1999
Page 18
April 13, 1999
The next item, 8(A) (1) and 8(A) (2) both have to do with the
tourism, and I -- if I could, I have a problem not having had the
contract. We have no substance. I know that we are trying to reduce
the paper, Mr. Fernandez, and I support that to the extent it's
possible. In these two items, we have a blue sheet with no backup.
And I just don't feel prepared to address them without having had at
least some substance.
COMMISSIONER CONSTANTINE: Neither do I. I have the exact same
note. I said why is there no backup on this?
MR. SMYKOWSKI: I have copies, if you'd like to see them now, or
we can bring them back to you.
COMMISSIONER CONSTANTINE: I'd just as soon see it in a couple of
weeks, because I don't have any intention of passing a contract after
reading it for 30 seconds.
CHAIRWOMAN MAC'KIE: And likewise, you know, I have the
obligation to sign it, and if you guys have had 30 seconds to look at
it, it makes me a little nervous to have to sign it on your behalf.
It seems to me that the policy should be, Mr. Fernandez, that if
it's just a simple few pages of a contract, it goes in; if it's a big
voluminous contract, it stays out, you know, and is made available,
unless you guys have a different opinion about the voluminous
contract.
COMMISSIONER CONSTANTINE: Frankly, if there's backup and we're
expected to make a decision on it, I want to see that backup. And I'm
not sure why we're trying to save paper at the expense of having
knowledge on the item we're being asked to make a decision about.
COMMISSIONER NORRIS: I'll move that we continue Item 8(A) (1) and
8 (A) (2).
CHAIRWOMAN MAC'KIE: Could you -- would you add to that motion
that when it comes forward -- when it comes back in a couple of weeks,
that we ask for an update on where are we in the big picture here on
the visitors bureau, the independent agency or --
COMMISSIONER NORRIS: I'd be more than happy to add that.
COMMISSIONER CONSTANTINE: I'll second that motion.
CHAIRWOMAN MAC'KIE: I appreciate that.
All in favor of that motion -- is there any discussion? All in
favor --
COMMISSIONER CARTER: I agree with you, Commissioner Mac'Kie.
CHAIRWOMAN MAC'KIE: Great.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: It passes unanimously. Thank you, Greg.
Item #8A3
RESOLUTION 99-202 APPOINTING RICHARD YOVANOVICH, WAYNE ARNOLD, JOE
MCMACKIN, DAVID BRYANT, JEFFREY WALLS, CLYDE QUINBY, TIM HANCOCK, REID
JARVEY, WHIT WARD AND RAY PELLETIER TO A COMPREHENSIVE PLAN STANDARDS
AD HOC COMMITTEE TO REVIEW CjustERING AND NATURAL RESOURCE PROTECTION
STANDARDS - ADOPTED
Now we will move on to a resolution appointing members to our
committee on cjustering and on the comprehensive plan amendments. And
let me just tell you at this point briefly, give you an update on our
Page 19
April 13, 1999
meeting with Secretary Seibert and my conversation with him just a few
moments ago, because it bears to whether or not we need to appoint a
committee, do we have time to do anything.
Secretary Seibert was supportive of our request for an additional
45 days. It would give us a total of 90 days from the date of the
issuance of the order. He in fact in the meeting said something like
he can't see any valid public policy reason not to give us that
additional time. I learned that the normal time is 90 days. It's
only because this is in an expedited hearing process that we even are
limited to 45 days. So our request was not overwhelming.
We do, however, want to go to the Governor and Cabinet with that
request unanimously requesting it, and that would require the
interveners to agree. We can go without their agreement, if that's
the way we have to go, but at this point I believe there is a motion
that's been drafted and given to our county attorney that agrees to
the additional 45-day extension under certain conditions. And I'm not
sure if all of the conditions are acceptable or if we -- or when you
plan to bring that, David, to the board, how would you like to go
about discussing those conditions?
MR. WEIGEL: Well, I'll tell you, the motion itself is one that's
a joint motion for all of the interested parties to sign off on. We
have a couple questions about that, as far as interpretation and
specific language there.
In regard to having board authorization to file that motion, I
think we feel more sanguine if we have that authorization at the same
time it's -- all of you haven't even seen it yet, only you have seen
it momentarily ago because we just received in the afternoon
yesterday.
Marjorie, do you have any further comments on that?
MS. STUDENT: For the record, Marjorie Student, assistant county
attorney.
Again, we just received that late yesterday afternoon. I
received it about 4:30. So we're still evaluating some of the
conditions. It would be too early to state anything right now about
this.
MR. WEIGEL: Our intent in filing, however, is obviously not to
compromise the county's interest and positions in the record created
to date to go forward in a meaningful way with DCA and ultimately with
the Governor and the Cabinet. So if the board wished to have us
continue to work with the chairman, review the -- Chairwoman, pardon
me -- review the motion draft, consult with other counsel and parties
that would be affected by that, and file what we think is appropriate
on behalf the county's interest -- I know that's kind of a broad
parameter, but I'm trying to circumscribe it somewhat -- we'd be very
happy to go from today's meeting --
COMMISSIONER CONSTANTINE: Madam Chair?
MR. WEIGEL: -- that way.
CHAIRWOMAN MAC'KIE: Please. Commissioner Constantine?
COMMISSIONER CONSTANTINE: After reading one page of that
proposal, I can tell you, I don't agree with it. I can't believe that
any reasonable or rational party is going to suggest that we shouldn't
even look at trying to come to an agreement, if it's going to go to
the end of June instead of the beginning of May.
We've taken a while to get to where we're going. We're getting
very close. And I can't believe anyone with any measure of reason is
going to say no, I'd rather have no agreement and go spend a lot of
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April 13, 1999
money on attorneys and go before the Governor and Cabinet instead of
on day 47 or day 49 or day 63 coming to agreement on something, so --
CHAIRWOMAN MAC'KIE: One of the conditions, the one that
Commissioner Constantine refers to, I think, is that the 45-day
extension, if granted, be the only, only, only extension granted under
any circumstances. And I -- you know, while we do want to accomplish
our goals and the total 90 days that we have, I certainly agree with
you on the 91st day. But that I hope is something that the county
attorney can work with Attorney Reese and see if we can -- if we can
jointly request. If we can't, we still have the option of requesting
the extension from the Governor and Cabinet -- on what day is that,
Bob; do you remember? It's pretty soon. MR. MULHERE: April 27th.
CHAIRWOMAN MAC'KIE: Yeah. I'm sorry, yeah, couple weeks, two
weeks from today.
MR. WEIGEL: Okay. Well, certainly we'll look forward to work
with Attorney Tom Reese.
This draft -- joint motion was actually drafted by Shaw Stiller,
the attorney for DCA. So we've got our work cut out for us with --
CHAIRWOMAN MAC'KIE: But it incorporated the items in Mr. Reese's
letter to Shaw.
MR. WEIGEL: Yes, it did.
CHAIRWOMAN MAC'KIE: The other thing I just wanted to tell you,
because it's probably the more pressing question, because I think
we're going to get the 45 days that we need for this committee in the
rural fringe to do its work.
The harder question is, what are we going to be doing in the
eastern Collier properties with the agricultural lands and the rural
designation. And I will just tell you that what Secretary Seibert had
to say about that issue is that he sees this as an issue of statewide
import, that it's something that could potentially be precedent
setting for how the state is going to deal with agricultural lands on
a statewide basis.
I saw some level of excitement even about the possibility of
doing this thoroughly and well, as opposed to quickly and maybe not so
thoroughly. However, the challenge now, assuming we do get the extra
time, is on the east Collier property owners -- and I've met with Alan
Reynolds yesterday on this issue -- to propose measurable standards,
measurable interim standards, to go in our comprehensive plan that
would allow us to ensure -- to be able to measure the work that's
actually being done during the up to two-year period before we would
begin the amendment to the comp. plan process.
I think there is some interest -- I read that there was some
interest in that -- no, let me be clearer. Secretary Seibert voiced
some interest in that concept, if it can be worked out with a level of
detail and enforceability that's necessary. And that's what we'll be
working on during this interim period.
So there's my report. Any questions about the meeting with the
secretary, anybody?
COMMISSIONER CONSTANTINE: Just a --
CHAIRWOMAN MAC'KIE: Commissioner?
COMMISSIONER CONSTANTINE: -- comment on that rural area. I
distributed a memorandum and had some information in there and --
about some of the reasons why I didn't think we should extend that to
a three-year study process. And also, why I didn't think we should
have the private property people be heading that. They should
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April 13, 1999
certainly be a part of it, but they should not be heading that study.
That's not appropriate.
If we have -- if we try to go with a three-year route, I think
regardless of what DCA says, I'm sure we'll end up in front of the
Governor and Cabinet, just because of the way the process unfolds.
CHAIRWOMAN MAC'KIE: Sure.
COMMISSIONER CONSTANTINE: I think we lose some of our
credibility and we burn an awful lot of capital fuel by going there
with nothing in place for the rural area. And I think there are some
parts of that -- it appeared at our public workshop there are some
parts of that that we agree on or a majority of us clearly agree on.
There are some parts we clearly don't.
But I think we ought to go forward with -- in this 90-day window
and establish what parts of that do we agree with and provide that to
the state so that those areas we feel strongly about disagreeing we go
to with, A, some united front of this side but also some level of
credibility that yes, we're working on it, these are the areas we
agree on, these we don't.
And I'm just fearful for the credibility of the county if we go
and say well, we don't have anything for you in this area, we're going
to study it for another three years, we'll let you know then. And I
think some of that may be addressed by what you're laying out there
with performance criteria.
The second concern I have is, these owners may say well, we will
not build anything, we will not do anything with this property. But
what happens in those three years is growth continues and things
continue to get closer to that area. And one of the issues we've
dealt with is private property rights, the value of that property.
Boy, today it wouldn't really be developed anyway, and so on.
But the longer you wait, and if it's three years or four years or
five years, the growth in the community, even in its limited capacity
under these changes we'll get closer and closer and closer to those
locations. And their viability is developable property becomes
greater and greater in that time frame.
So whether they've physically developed them or not isn't the
only question here. I think by waiting some extended time frame
before we deal with the issue, we make it harder for us to deal with
some of those re-zone issues than we would be if we deal right now.
And lastly, if we move forward, and we find those areas in the
rural area that we're in agreement on, and then there is nothing that
prohibits us from taking those areas we disagree and extending that
over some long term, whether that's a year or two years or three
years, to look at.
But I think to just take the entire rural area and wait three
years without taking any action now is a mistake.
CHAIRWOMAN MAC'KIE: And you know, I would absolutely agree with
that, that taking no action would be a mistake, with one caveat. I
really like the no action of down zoning -- effectively down zoning
this property to zero to 150,000. I mean, that's really what we're
proposing to do during this study period. The zoning on this property
will be zero to 150,000 acres. That's significant.
COMMISSIONER CONSTANTINE: But that's not a permanent change.
CHAIRWOMAN MAC'KIE: No, it's an interim policy.
And I was feeling a little queasy about some of this stuff, as
you seem to be, until I read the first draft on the airplane, frankly,
of some proposed interim policies.
Page 22
April 13, 1999
And I'd suggest, if you would, Mr. Weigel, that you go ahead and
give -- keep us copied on the drafts as those work themselves out, or
certainly I want to see them and I think it sounds like Commissioner
Constance and others will too. Because there will, in fact, be
policies in the comp. plan that say during the interim period here's
what can happen and nothing else. During -- at the end of -- during
the interim period, here's what we will be reviewing to be sure that
we have -- that we're adequately studying the area.
And then the third set would basically be at the end of the study
period, we will amend our comp. plan to do the following things: To
direct growth away from environmentally sensitive areas, to protect
natural resources, to preserve certain areas as they are identified.
And the other thing that was good for me to find out, because it
gave me a little more comfort is that in about six months we will have
the max, for example, of the -- of what I would call the NERPA's, the
natural resource areas. You know, we're going to be getting interim
reports. This isn't just go away and come back in three years.
And the last point I'd make that gave me a great deal of comfort
is that the oversight committee that Commissioner Berry is going to
head up is in fact going to be a Sunshine committee, so that while
these property owners are doing the work and paying for the work,
their presentation of that work will be made in the Sunshine.
COMMISSIONER CONSTANTINE: It may be, but do you really think
that's -- does nobody else think that's a problem, the folks who own
the property doing the study and coming up with the results?
CHAIRWOMAN MAC'KIE: I would think --
COMMISSIONER CONSTANTINE: Sunshine or not.
CHAIRWOMAN MAC'KIE: I would think it's a problem if -- and let
me just finish my opinion, and then I'd certainly love to hear
everybody else's.
I would think it's a problem if the oversight weren't broad and
if the responsibilities of the oversight committee weren't clear. And
they have to be clearly defined as determining whether or not the
science is good, if the objectives are being honest and carefully
reviewed.
COMMISSIONER CONSTANTINE: Let me ask two other questions and
then I'll quiet down, because I'm clearly in the minority. But are we
suggesting that the people we brought in for the last year and paid a
great deal of money, that their science was not good?
CHAIRWOMAN MAC'KIE: They didn't -- they didn't -- we didn't ask
them the same questions that we're proposing to ask now. We asked
them the questions, can we -- how can we reduce density and pay the
least amount possible in lawsuits?
COMMISSIONER CONSTANTINE: I don't think that's exactly the way
we phrased the question.
CHAIRWOMAN MAC'KIE: That's not how we phrased it, but that's
what we were trying to find out.
And this question is, is what is the best use of this 150,
180,000 acres out there, keeping in mind that we don't want any more
trips into the urban area from out there.
COMMISSIONER CONSTANTINE: And my final question is just we've
talked about all the impacts, and you may remember Brent Benton's
calling two or three weeks ago saying boy, this is a tough issue to
get your hands around, and it's not.
CHAIRWOMAN MAC'KIE: It's not.
Page 23
April 13, 1999
COMMISSIONER CONSTANTINE: It's one -- as we deal with density
issues, we're talking about the difference between having 300,000
people in Collier and 400,000. And there's all these tangential
issues of transportation and water and all these various things, which
are very important, but it all boils down to how many people do we
have here, and how do we use the land -- how do those people use the
land.
But is there anybody on the board that really doesn't think it
makes a difference if we have 300,000 instead of 400,000?
COMMISSIONER NORRIS: I don't think that's the question.
COMMISSIONER BERRY: No.
COMMISSIONER NORRIS: It's not the question at all.
COMMISSIONER CONSTANTINE: It is a question.
COMMISSIONER NORRIS: That's not the question that you were
asking, that's the one that you tangentially went to after making a
different argument.
COMMISSIONER CONSTANTINE: That's the question I'm asking right
now.
CHAIRWOMAN MAC'KIE: Let me answer that, that question for
myself.
COMMISSIONER NORRIS: That's not how you led up to the question.
You just threw that in as an aside.
CHAIRWOMAN MAC'KIE: The answer to that question is, not only do
I care whether or not we have 300 or 400,000, because I do. But not
only do I care about that, but I care about Eastern Collier County, I
care about Immokalee, I care about whether Immokalee can develop as a
center of its own, whether or not the money we've spent on economic
diversification out there can ever happen.
I care about those environmental properties and whether or not
they're managed well, which they're currently reasonably well managed
because of the South Florida Water Management permits. I get to
freeze that status quo while we decide the best way to manage that
property with no down side, zero to 150,000 acres. That's a good
interim policy.
COMMISSIONER CONSTANTINE: For three years.
CHAIRWOMAN MAC'KIE: Absolutely. But Tim, zero to 150,000 is a
better density reduction for three years while we plan how to reduce
the density.
COMMISSIONER CONSTANTINE: Well, I'm not sure how much
residential development will happen on Oil Well Road in the next three
years anyway, so it's -- it doesn't make any difference. What it does
is delay a Board of Commissioners from making a decision for three
years, and that's just my disappointment, I guess.
COMMISSIONER CARTER: Commissioner Mac'Kie, if I --
CHAIRWOMAN MAC'KIE: Please.
COMMISSIONER CARTER: -- may make a couple comments.
Number one, I don't look at this study period as a static
process. I look at it as a dynamic process in which you get data to
make intelligent decisions. And to have the opportunity to get more
information to make those decisions is very important to me. And in
that period, nothing is going to happen. And I see evolving an
opportunity to protect those natural -- those natural areas with
better data than we have today.
And I have no problem with the families paying for this, because
it's all public information, and as you said, it's done in the
Sunshine, it's done as an oversight committee, and I don't believe
Page 24
April 13, 1999
that from two to three years in the whole scheme of looking out what's
good for this county on a long-range plan is going to make the
difference by saying, we've immediately got to do it today.
So I can appreciate Commissioner Constantine's concerns, but I
don't agree with those concerns, and I happen to believe that we've
got a process that will make this very, very viable in what we want to
do in terms of long-range planning.
CHAIRWOMAN MAC'KIE: So shall we appoint a committee, which is --
COMMISSIONER BERRY: Why don't we appoint a committee?
CHAIRWOMAN MAC'KIE: -- the item we're on?
COMMISSIONER NORRIS: Am I the only one that does not have a list
of committee --
CHAIRWOMAN MAC'KIE: No, there's not a list. There were letters
that came in. Unless -- is there a list somewhere that I don't know
about of people who are interested in serving on this committee?
COMMISSIONER CARTER: I have -- you know, I have the resumes and
I've made a list of people that I think that we're looking at.
COMMISSIONER BERRY: But which committee do you want to deal with
first, Madam Chairwoman?
CHAIRWOMAN MAC'KIE: First of all is 8(A) (2), my -- (3), which is
-- I know you want to talk, Bob -- which is the establishing and
appointing members to a comprehensive plan standards ad hoc committee,
to review cjustering and natural resource protection standards.
COMMISSIONER BERRY: That's near the fringe, right?
CHAIRWOMAN MAC'KIE: The fringe. Yes, ma'am.
COMMISSIONER CONSTANTINE: Just overall, on staff, whose
responsibility is it to put our agenda together?
CHAIRWOMAN MAC'KIE: Mr. Fernandez. I don't know beyond that.
COMMISSIONER CONSTANTINE: Just why we'd have an item that says
establishing adoption of a resolution establishing and appointing
members, and not have one name in here?
MR. MULHERE: I think I can add some -- shed some light on that.
For the record, Bob Mulhere, planning director.
At your previous meeting where you discussed this, the request
was made that individuals would send letters directly to the board. I
received no copies of those letters.
CHAIRWOMAN MAC'KIE: Carol, I have a file here -- that, I guess,
was not well handled. We should have been sure that you had those
copies. But --
COMMISSIONER CONSTANTINE: Did anybody put a call in to anybody?
I mean, this just again, I mentioned about a month ago communication,
and it seems like someone would call as they were preparing the agenda
item and either call if they're coming to our office, call our office
and say, boy, do we have any applicants?
CHAIRWOMAN MAC'KIE: That would be a good thing for future
reference. For today, does everybody have --
COMMISSIONER BERRY: Well, I think, too, we were given the
assignment of bringing a couple of names in to put on this committee.
CHAIRWOMAN MAC'KIE: We were, but --
COMMISSIONER BERRY: In addition, someone else was told that they
should send all of this, I believe, to the Board of County
Commissioners.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: My understanding is that that's exactly what was
to happen. The interested parties were to contact the Board of County
Page 25
April 13, 1999
Commissioners and the commissioners themselves would come into this
meeting with a list of names that they would like to recommend to the
committee. That's what I understood was to happen.
CHAIRWOMAN MAC'KIE: And that's fine. There's just no question
it would be helpful to have, for the public information, if no other
reason, a list of everybody who is interested in serving. So we can
fix that in the future.
For today I came with my two names. My two names are Rich
Yovanovich and Wayne Arnold.
COMMISSIONER NORRIS: I'll appoint then Joe McMackin and David
Bryant.
COMMISSIONER BERRY: And my --
CHAIRWOMAN MAC'KIE: David Bryant.
Commissioner Berry?
COMMISSIONER BERRY: Okay, my two names. One of them would be --
seems like we've got two attorneys on here right now. Do we need an
all attorney committee, or can we -- CHAIRWOMAN MAC'KIE: Let's not.
COMMISSIONER BERRY: Okay. I would like to appoint Jeffrey Walls
and Clyde Quinbyo
CHAIRWOMAN MAC'KIE: Commissioner Carter?
COMMISSIONER CARTER: I would like to appoint Tim Hancock and Joe
McMackin.
COMMISSIONER BERRY: He's already been --
COMMISSIONER CARTER: He's already been --
CHAIRWOMAN MAC'KIE: That's okay. We don't have to have 10
members. I was kind of hoping for seven. So do you have somebody
else you definitely want to see on there?
COMMISSIONER CARTER: As an alternative to that, there was a
gentleman by the name of Reed -- it's J-A-R -- CHAIRWOMAN MAC'KIE: Jarvi.
COMMISSIONER CARTER: Jarvi, Reed Jarvi, who had approached me on
that.
CHAIRWOMAN MAC'KIE: And his transportation expertise would be
useful. Commissioner?
COMMISSIONER CONSTANTINE: I'm going to suggest Whit Ward, and
that will give us an odd amount, odd number.
CHAIRWOMAN MAC'KIE: There you go. That's nine.
COMMISSIONER NORRIS: So you're saying that Whit Ward is an odd
person?
CHAIRWOMAN MAC'KIE: Anybody who knows him knows that's true.
COMMISSIONER CONSTANTINE: I'll tell you what, I am going to put
a second one on there. Ray Pelletier.
CHAIRWOMAN MAC'KIE: Okay. So that's 10 members. I'm sorry that
we've gone forward with this whole event without your presentation,
Mr. Mulhere. What do you need to tell us?
MR. MULHERE: You did an excellent job.
CHAIRWOMAN MAC'KIE: I'd like to get your salary instead of mine.
MR. MULHERE: The only things that I wanted to add is, I did
prepare this graphic here that really there are three committees, and
I just for clarification purposes wanted to again reiterate that the
issues that this ad hoc committee will be dealing with, hopefully
within a 60-day time frame, we will find that out shortly, I suspect,
we do have our -- we're working on our airline reservations just on
the slim chance that we don't get a continuance.
Page 26
April 13, 1999
But this ad hoc -- comprehensive plan ad hoc committee would be
dealing with the natural resource cjustering preservation standards
predominately, not only in the fringe area but also in the urban area.
Those were the areas that the DCA had some finding of noncompliance
with our comprehensive plan.
There are several other issues, however, we've achieved agreement
with the department on those, and I suspect that those will not
require much attention on the part of this committee.
COMMISSIONER NORRIS: Okay. I'll make a motion then that --
COMMISSIONER BERRY: Could you just re -- could we just restate
the committee members, John, before you make the motion? COMMISSIONER NORRIS: Sure.
CHAIRWOMAN MAC'KIE: I think I can. Rich Yovanovich, Wayne
Arnold, Joe McMackin, David Bryant, Tim Hancock, Ray Pelletier, Reed
Jarvi, Clyde Quinby, Whit Ward, and, I'm sorry, Mr. Walls.
COMMISSIONER CONSTANTINE: Jeff.
CHAIRWOMAN MAC'KIE: Jeff Walls.
COMMISSIONER BERRY: Jeff Walls.
COMMISSIONER NORRIS: And I'll make a motion then that we adopt a
resolution establishing this committee, and accepting the nominations
as presented by each commissioner.
COMMISSIONER CONSTANTINE: Just for clarification, during the
workshop, Commissioner Mac'Kie asked if I'd work with this group.
I'll gladly do that if that's the wish of the commission. If not,
that's fine as well.
COMMISSIONER NORRIS: Commissioner Constantine, she didn't hear
what you said.
COMMISSIONER CONSTANTINE: I said during the workshop,
Commissioner Mac'Kie had suggested I might work with this group on the
rural fringe items, which I'll be happy to do if that's the pleasure
of the board.
CHAIRWOMAN MAC'KIE: As it's developed, it may be that this is --
this committee needs to bring something back to the board in this
short-term period, unless it's something -- I appreciate your
willingness to do that.
COMMISSIONER BERRY: I'm going to second Mr. Norris' motion.
CHAIRWOMAN MAC'KIE: Thank you, ma'am. Anything else?
MR. BLANCHARD: That's it.
CHAIRWOMAN MAC'KIE: Okay. Motion and a second.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Before we move on to the next item, which is certainly of equal
import, I just want to note for everybody, the auditors are here, but
I'm going to ask if they can continue to wait because this is such a
related item. And also, Dr. Woodruff I saw come in and we would like
to get to that item as soon as we can, but we need to go ahead with
this next committee appointment.
Page 27
1 3 1999
RESOLUTION 99 - 202
RESOLUTION CREATING THE COMPREHENSIVE PLAN
STANDARDS AD HOC COMMITTEE TO REVIEW
CjustERING AND NATURAL RESOURCE PROTECTION
STANDARDS
WHEREAS, the Board of County Commissioners at a workshop on March 19, 1999
desired to create an ad hoc committee to recommend cjustering and natural resource protection
standards; and
WHEREAS, on April 13, 1999, the Board of County Commissioners appointed 10
members to serve on this ad hoc committee to make these recommendations; and
WHEREAS, these recommendations will be presented to the Board of County
Commissioners for consideration as settlement language with the Department of Community
Affairs (DCA); and
WHEREAS, the required timeframe of the proposed settlement agreement language is
relatively short i.e., between 45 and 60 days;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Comprehensive Plan Standards Ad Hoc Committee is hereby established as an
ad hoc committee, the functions of which are as follows:
a) To recommend cjustering and natural resource protection standards for the
proposed rural fringe, urban and urban fringe areas;
b) To recommend proposed settlement language to incorporate these standards into
the County's Growth Management Plan.
2. The Comprehensive Plan Standards Committee shall be composed of the following
members:
Wayne Arnold
David Bryant
Tim Hancock
Reid Jarvey
Joe McMackin
Ray Pelletier
Clyde Quinby
Jeffrey Walls
Whit Ward
Richard Yovanovich
APR 1 3 ~999
3. The Comprehensive Plan Standards Committee shall be established for the duration
of developing appropriate language for a proposed settlement agreement with DCA or for a term
of one (1) year, whichever is less.
This Resolution adopted after motion, second and majority vote
DATED: April 13, 1999
ATTEST: '"" ~ BO~ OF CO~TY CO~ISSIO~RS
E. 8R0C~'eLE~ COLLIER CO~IY, FLOm~
Attest as ~ CMI~'s
st~ature
Approv=d =s to fo~ ~d
1=~1 sufficiency:
D~vid Weigel, Coun~ Attoi~y -
April 13, 1999
Item #8A4
RESOLUTION 99-203 APPOINTING JOE MCCARRIS, GAIL BORMAN, LAURA BURKE,
SALLY BARKER, MIKE DAVIS, SUSAN WATTS, JEFF PERRY, TIM HANCOCK, DAVID
GUGGENHEIM, SAMUEL NOE, JAMES RIDEOUTTE, TERRI TRAGESSER AND
COMMISSIONER CARTER AS THE LIASON TO THE SELECT COMMITTEE TO OVERSEE
THEDEVELOPMENT OF A COMPREHENSIVE URBAN/RURAL DESIGN MASTER PLAN FOR
COLLIER COUNTY - ADOPTED
I'm going to let you run this one, Bob. I apologize for being so
verbose before.
MR. MULHERE: No problem. Thank you.
Again, Bob Mulhere, planning director.
This is an executive summary staff report on the creation of a
select committee as proposed by the Greater Naples Civic Association
to develop a comprehensive community appearance and design plan, of
which the GNCA highlighted in their public petition to the board
several specific areas of concern. And as you can see from your
executive summary, the staff has responded to those areas of concern
and made specific recommendations.
And I think in terms of keeping it brief, I'd highlight those
areas that we feel are not appropriate or do not require the oversight
of the select committee; the first being the development of a GIS.
Since that is an ongoing project, it seems that it would not be
necessary for the select committee to have an involvement in that
process.
The second would be the issue of developing a specific funding
source for median landscaping. And there really is already a specific
funding source for that. That really becomes a function of the annual
budget process as to how much money we're going to spend on those
types of improvements, whether capital or maintenance issues.
However, we do concur that the issue of green space and the
Collier County streetscape master plan are appropriate for oversight
by the select committee in looking at bringing all of those issues
together in a comprehensive design element.
Other than that, the staff concurs with all of the proposals made
by the Greater Naples Association; however, there are two other issues
that we feel we need to bring to your attention. First is that given
the current comprehensive plan workload -- and I've included a work
plan in your executive summary -- we strongly feel the need to acquire
an additional staff person at this point in time if we're to go
forward immediately with this effort.
We are requesting in the coming budget year an additional
planner. However, we're suggesting that the impacts on the work plan
would either require deferring certain projects, or bringing somebody
on board at this time.
And secondarily, we've provided you with an estimate, it's a
rough estimate, of the cost of hiring a consultant to work in the
development of this appearance master plan.
That concludes --
CHAIRWOMAN MAC'KIE: Commissioner Carter?
MR. MULHERE: -- my presentation. I'd be happy to answer any
questions.
COMMISSIONER CARTER: Robert, it's my understanding that as you
went through this, the estimate for a consultant, we -- first of all,
we'd have to scope the project.
Page 28
April 13, 1999
MR. MULHERE: Correct.
COMMISSIONER CARTER: And then we would be in a much better
position to come back to the board and determine what the cost would
be to involve a consultant in this process --
MR. MULHERE: Absolutely.
COMMISSIONER CARTER: -- correct?
MR. MULHERE: Yes.
COMMISSIONER CARTER: Secondly, just to reaffirm what you just
said is that you're already putting into the budget for next year for
a planner, an additional planner. If we expedited this process, we
would have an opportunity to bring that person on board sooner.
MR. MULHERE: That's correct. Through a budget amendment.
COMMISSIONER CARTER: Thank you.
CHAIRWOMAN MAC'KIE: Which I frankly think is the only way to go.
And I'm going to go ahead and say that I'm going to be supportive
when we create this committee of funding this consultant. I hope we
can get something at a reasonable cost. But I think it's worth the
price of a staffer and it's worth the reasonable price of a consultant
to help us plan something as significant as the future of the county,
which is what this citizen's group has volunteered to do.
COMMISSIONER CARTER: Well, I think it's an integration of a lot
of things that have gone on prior to this, through all the efforts of
FOCUS, capitalizing on that, and many of the other things that I see
in this project list. I was hoping that we would be pulling this all
together in what I call the master plan for the urban development
area.
CHAIRWOMAN MAC'KIE: Is there a presentation from Greater Naples
Civic Association, or did you want to speak, or -- it sounds like
we're all on board. You may not want to talk us out of it.
COMMISSIONER CONSTANTINE: Move staff recommendation.
CHAIRWOMAN MAC'KIE: Motion --
COMMISSIONER NORRIS: We need to select a committee.
CHAIRWOMAN MAC'KIE: Yeah, we need to choose the members at this
point, Tim.
COMMISSIONER CARTER: I think we've all had a list, Commissioner
CHAIRWOMAN MAC'KIE: We have.
COMMISSIONER CARTER: -- from GNCA.
CHAIRWOMAN MAC'KIE: And I don't have it in my packet, and I
didn't bring it with me.
COMMISSIONER CARTER: Well, and I have a copy. I'm going to
slide this down. I have stars of people that are my recommendations.
I don't -- I've not been through this process before, but -- CHAIRWOMAN MAC'KIE: You'll want to put your initials on this,
Commissioner Carter, so that it doesn't become a Sunshine issue.
COMMISSIONER CARTER: Okay.
COMMISSIONER CONSTANTINE: The photocopy, the asterisk one, is
Commissioner Carter's.
COMMISSIONER CARTER: You can put JDC after the stars, if you
want, and that way, for the record, those will be the people that I --
I've recommended only because they're people that I know. And also, I
would not have a problem with anyone on that list. I think it is an
outstanding list of people.
CHAIRWOMAN MAC'KIE: Commissioner Carter, our list match exactly,
promise, with no Sunshine violations. That's exactly my list.
COMMISSIONER BERRY: I have a little bit different list.
Page 29
April 13, 1999
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: Okay? Well, let's just go through. Let's
go through.
CHAIRWOMAN MAC'KIE: For the purpose of the public understanding
what we're doing up here --
COMMISSIONER BERRY: I will tell you openly and publicly my
choices.
CHAIRWOMAN MAC'KIE: The first category of --
COMMISSIONER BERRY: Architecture.
CHAIRWOMAN MAC'KIE: -- is architecture.
COMMISSIONER BERRY: Joe McHarris. Transportation, Jeff Perry.
Planning, that's a tough one. I frankly -- either individual that's
on there is fine, depending on Mr. Reynolds, if he is tied up in work
that he's going to be doing on the rural area was my concern. And
Tim's going to be on the other committee. So it makes no difference.
I really don't care. Whichever can feel that they have got the time
to serve on the committee.
CHAIRWOMAN MAC'KIE: I even wonder if both might be appropriate.
COMMISSIONER BERRY: Both could be. You know, it's immaterial to
me. Either one.
Environment, David Guggenheim. Landscape architecture, Gall
Boorman. Developer, Susan Watts. The GNC member component, the three
individuals, Noe, Rideoutte, Tragesser. The citizen component, Laura
Burke, Russell Tuff, and Mike Davis.
CHAIRWOMAN MAC'KIE: Okay. Would you like to give us yours,
Commissioner? Let me see if I can get my little tally going here.
COMMISSIONER NORRIS: Your -- go back again, Commissioner Berry,
to your landscape architecture. You had?
COMMISSIONER BERRY: Gail Boorman.
COMMISSIONER NORRIS: Gail Boorman?
COMMISSIONER BERRY: Yes.
CHAIRWOMAN MAC'KIE: So currently we have two votes for Ellen
Getz.
COMMISSIONER NORRIS: And two for Gail Boorman.
CHAIRWOMAN MAC'KIE: And two for Gail Boorman. Okay.
COMMISSIONER NORRIS: And I had -- the rest of those are
acceptable. You said Sally Barker, Laura Burke?
COMMISSIONER BERRY: No, I said, Laura Burke, Russell Tuff, and
Mike Davis.
COMMISSIONER CARTER: And I have Sally Barker, Commissioner
Norris.
CHAIRWOMAN MAC'KIE: So we have two Sally Barkers, three Laura
Burkes, one Russell Tuff and two Mike Davis.
COMMISSIONER NORRIS: Plenty of Mike Davis' Although, a lot of
people would argue that one's enough. We have plenty of Mike Davis.
CHAIRWOMAN MAC'KIE: Were you a vote for Mike?
COMMISSIONER NORRIS: Mike Davis, right.yeah.
CHAIRWOMAN MAC'KIE: Commissioner?
COMMISSIONER NORRIS: Anybody who rides a Harley can't be all
bad.
COMMISSIONER CARTER: I knew there was a connection.
COMMISSIONER CONSTANTINE: I'd go with Sally Barker, Laura Burke
and Mike Davis on the bottom there, all three of our GNCA member
folks. Susan Watts is fine. Joe McHarris is fine. Jeff Perry is
fine. I'm going to suggest Commissioner Hancock just because I think
he's got a unique perspective on this. He's worked in the private
Page 30
April 13, 1999
sector and he's been sitting at this desk, and so I think that can
lend something special to it. David Guggenheim and Christian Busk.
CHAIRWOMAN MAC'KIE: David Guggenheim -- oh, you were proposing
two -- oh, no, I'm sorry.
COMMISSIONER CONSTANTINE: No, under landscape architecture,
Christian Busk.
CHAIRWOMAN MAC'KIE: Okay. So by my tally, Joe McHarris is
appointed to the architecture position. Jeff Perry is appointed to
the transportation position. We have a tie, and I'm going to change
my vote to Commissioner Hancock on the planning position. David
Guggenheim is appointed to environment. And we have a tie with Gail
Boorman and Ellen Getz, two votes each, and Christian Busk with one.
You guys be thinking because I don't have a change on that one. Susan
Watts is appointed as the developer.
The three GNCA members, which I hope everybody's looked at those
resumes, because in particular that Mr. Noe, what an exciting
opportunity to have him working with us. Mike Davis is appointed,
Laura Burke is appointed and Sally Barker is appointed. And so the
landscape architecture position is left open. And I'll tell you my
reason for Ellen Getz is -- it's a very close call because frankly
Gail Boorman has a lot of on-the-ground experience in Collier County
with real projects in Collier County. Ellen Getz, I think, has real
vision for open space and green space and interconnectedness and, you
know, all those kinds fuzzy words, but she's a very creative thinker
is sort of how I came to settle with her.
COMMISSIONER CARTER: Well, yeah, she -- for me, she's working on
a landscape or streetscape process that I'm involved with and that's
my knowledge, you know, is based on that part. But I have no
difficulty with any one of the three people there. CHAIRWOMAN MAC'KIE: Me either.
COMMISSIONER NORRIS: Let's let it be the chairman's pick.
COMMISSIONER CONSTANTINE: Why don't I change my vote.
CHAIRWOMAN MAC'KIE: There you go. What are you changing it on?
COMMISSIONER CONSTANTINE: Gail Boorman.
CHAIRWOMAN MAC'KIE: Okay. So we have Gail Boorman on the
landscape architecture. It will be a wonderful, wonderful committee.
Couldn't be better.
MR. MULHERE: Madam Chairwoman, I have one other further issue.
If this committee is to be appointed for, as I understand it,
potentially more than one year, it needs to be adopted through an
ordinance, as Mr. Weigel informed me. If less than one year, it could
be ad hoc. Given the nature of the assignment, there's the potential
for it to last, you know, a year or slightly longer. It certainly is
at the pleasure of the board as to how you'd like to proceed with
that.
COMMISSIONER CONSTANTINE: If it's an ad hoc and it goes beyond
12 months, we have the ability to create an extension, don't we, Mr.
Weigel?
MR. WEIGEL: You do. I expect that the record you're making
today is your hope is that it will not go beyond a year, which makes
it slide into the ad hoc. And then we'll face that at the end of the
12-month period to extend, if necessary. We can --
COMMISSIONER CARTER: So what I'm hearing you say is that we can
go ad hoc for a year and we could renew it on that basis, or go to an
ordinance at the end of that time?
Page 31
April 13, 1999
MR. WEIGEL: Well, and what I'd suggest is that you can always go
to an ordinance, even whether it's just over a year and a day or
shorter. But there's no requirement for an ordinance if it's an ad
hoc with a suggested time of a year or less.
And today your motion in approving just directs the county
attorney to either prepare a resolution or an ordinance to do the very
same thing, and that is to create the committee, as far as --
CHAIRWOMAN MAC'KIE: Let's be overly optimistic and go with an ad
hoc resolution today.
I know it's -- Terri, I see that you have something you want to
say on the point?
COMMISSIONER TRAGESSER: Excuse me, for the record, Terri
Tragesser, Greater Naples Civic.
And first of all, thank you all for not only your cooperation,
but your enthusiasm on this. We -- we're excited and I hope everyone
is that's going to participate and actually receive benefit from it.
And we hope it's the whole community of Collier County.
One of the things that sort of -- the GNCA, we were sort of first
out of the gate with the committee mania that we seem to find
ourselves in. And some of the other issues that have come to the
front since that time all relate. And I think it would be extremely
optimistic to think that this committee, given all the other
information that's out there to actually come into the picture in the
way of planning won't occur within a year. I would almost think that
it -- an ordinance might stand the test of time better than ad hoc.
That's my comment.
CHAIRWOMAN MAC'KIE: Thank you. Yes, board members?
COMMISSIONER CONSTANTINE: I guess is the point to make this a
permanent committee or to have some specific goal in mind? And I'm
just much more comfortable with ad hoc, with the opportunity to extend
if we go to 14 months or 18 months or 24 months. But that by creating
it as ad hoc, we make it very clear that there's an end game here.
We're trying to come up with a specific plan. And then there's some
expectation by the commissioners to do something with that and make
those changes, as opposed to it's just an ongoing, here, we'll
recommend these and do this forever. I think it puts more pressure on
the board --
COMMISSIONER CARTER: Right.
COMMISSIONER CONSTANTINE: -- a year from now to actually
implement some change.
CHAIRWOMAN MAC'KIE: We have a problem with creating committees
that live forever and don't do very much. And none of us want to see
that happen with this one. I think I'm going to stick with ad hoc,
with the caveat that people who are accepting appointment on here
better know that it realistically is longer -- you know, it's likely
to be longer than a one-year obligation.
COMMISSIONER CARTER: Well, yeah, I think that we're looking at
one to two years, but we can -- I like the ad hoc process, because, as
Commissioner Constantine said, it keeps the pressure on us to come
back with the interim reports to make sure that we're moving this
thing forward.
CHAIRWOMAN MAC'KIE: Did we have a motion?
COMMISSIONER NORRIS: We had a part of a motion.
COMMISSIONER CONSTANTINE: I'll reiterate the part that I said
and then extend that to include the members that we've just outlined
in our professional component, et cetera.
Page 32
April 13, 1999
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER NORRIS: Second.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
(Unanimous vote of ayes.)
CHAIRWOMAN MAC'KIE: Motion passes unanimously.
MR. MULHERE: Thank you.
CHAIRWOMAN MAC'KIE: We're going to give our court reporter a
10-minute break. And when we come back, we will do Hamilton Harbor,
followed by the auditors.
(Recess.)
CHAIRWOMAN MAC'KIE: I'm going to call the meeting back to order,
because even on government time, 20 minutes is 10 minutes.
COMMISSIONER BERRY: That's right.
CHAIRWOMAN MAC'KIE: So we've got to get back in here.
A couple of things I just want to clarify before we get back in
here, those agenda items. One is with regard to the TDC items, I
wanted to make it clear what my particular request is, and I hope it's
the majority of the board's, is that there be both a written and an
oral report from the --
COMMISSIONER BERRY: Yes.
CHAIRWOMAN MAC'KIE: -- Chamber of Commerce about their status of
the ~ork we sent them out to do. And that -- Mr. Fernandez will get
that on the agenda.
MR. FERNANDEZ: We have a report that's been prepared by Mr.
Mihalic. I don't know if that's based upon a report from the Chamber
of Commerce or not.
CHAIRWOMAN MAC'KIE: Well, as we've been going forward, you know,
we've had both the chamber and staff report. I'd like to see that
again.
MR. FERNANDEZ: Okay.
CHAIRWOMAN MAC'KIE: And then before we move on from -- who
called it committee mania? I guess that was you, Terri. We have
another committee that we should announce, and that is the rural
oversight committee that Commissioner Berry has been putting together.
And if you'd like to tell us who that is, Commissioner Berry.
COMMISSIONER BERRY: Okay. We have Clarence Tears from the Big
Cypress Basin Board, Fred Thomas, Jim Rideoutte from the Naples Civic
Association, Wally Huber from Natural Parks, Anthony Poletso
(phonetic). Anthony is a former U.S.D.A. person who lives in
Everglades City. And J. Richard Smith from the Estates area.
CHAIRWOMAN MAC'KIE: And you.
COMMISSIONER BERRY: And myself.
CHAIRWOMAN MAC'KIE: And all of those meetings will be noticed
and sunshined and anybody --
COMMISSIONER BERRY: Absolutely.
CHAIRWOMAN MAC'KIE: -- we'll have in the public will have an
opportunity to participate.
COMMISSIONER BERRY: And we'll be working. Mr. Cautero is going
to be our staff liaison person to be working with us. So he's kind of
an ex officio, I guess that's how you determine that individual.
CHAIRWOMAN MAC'KIE: Mr. Weigel, what do we need to do to
officially create that committee?
MR. WEIGEL: Well, I appreciate your question. I take it this is
not an actual agenda item, it's a discussion that's come up right now
to further enlighten the board and the public of these appointments.
Page 33
April 13, 1999
So you'd need to add it to the agenda and then direct us to draft a
resolution. I would like to know the duration of the committee so we
know that a resolution is appropriate for it.
CHAIRWOMAN MAC'KIE: Commission Berry, do we need to do this
today or should we put it on an agenda?
COMMISSIONER BERRY: You can put it on a -- you can do it any way
you want, Madam Chairman.
CHAIRWOMAN MAC'KIE: Why don't we put it on the next agenda, just
to formally adopt so there won't be any question about public notice,
et cetera. Is that okay?
MR. WEIGEL: Sounds great.
CHAIRWOMAN MAC'KIE: And it would be -- it would be a committee
with an existence of more than one year, so it would -- COMMISSIONER BERRY: Absolutely.
CHAIRWOMAN MAC'KIE: -- need to be created by ordinance.
MR. WEIGEL: Okay, fine.
CHAIRWOMAN MAC'KIE: And speaking of liaisons, I neglected to
mention, I think that we were asking Commissioner Carter to serve as
the board's liaison to the select committee. COMMISSIONER BERRY: Right.
CHAIRWOMAN MAC'KIE: And I wanted to get that on the report.
COMMISSIONER CARTER: Thank you.
CHAIRWOMAN MAC'KIE: And he's indicated his willingness to do
that.
COMMISSIONER BERRY: Yes.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CARTER: Do we have a staff liaison for the GNAC
(sic) committee, or is that something we need to?
MR. CAUTERO: We haven't decided yet.
COMMISSIONER CARTER: Okay.
CHAIRWOMAN MAC'KIE: Mr. Cautero says that they haven't decided
yet. But we'll be getting someone from his division.
Is that right, Mr. Cautero?
MR. CAUTERO: Yes.
CHAIRWOMAN MAC'KIE: Yes.
Page 34
APR ! 3 1999
RESOI,UTION NO. 99-
A RESOLUTION ESTABLISHING A SELECT COMMITTEE
FOR THE PURPOSE OF DEVELOPING A COMPREHENSIVE
URBAN/RURAL DESIGN MASTER PLAN FOR COLLIER
COUNTY AND APPOINTING ITS MEMBERS
WHEREAS, The Greater Naples Civic Association, building on the FoCus
(Future of Collier by us) Community Visioning project, petitioned the Board of County
Commissioners on March 9, 1999 to establish a Select Committee on Community
Character and Design (Select Committee); and
WHEREAS; on April 13, 1999 the Board of County Commissioners did create
the ad hoc Select Committee on Community Character and Design; and
WHEREAS, the Select Committee is charged with assisting in the-development of
a Request for Proposals (RFP) for consulting services for the development of a
comprehensive Urban/Rural Design Master Plan for Collier County; and
WHEREAS, the Select Committee is charged with overseeing the development of
this plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Select Committee on Community Character and Design is hereby
established as an ad hoc committee, the functions of which are as follows:
a. To oversee the development of comprehensive urban/rural design
master plan which address the following:
I. Identifying measurable goals for the acquisition of urban area
greenspace, including loeational priorities and funding options;
II. Developing character and design standards for the overall road way
system in a manner which relieves congestion and incorporates community
character and design standards;
III. Developing comprehensive Streetscape character and design
standards for: transportation infrastructure such as grade separated intersections
and typical cross section designs; greenways and non-motorized transportation
facilities; landscape median and row edge treatments;
1
APR 1 3 1999
IV. Integrating the development of the comprehensive community
character and design plan with ongoing efforts including, but not limited to: the
Immokalee Main Street program and development of an Immokalee Zoning
Overlay; the Gateway-Bayshore Redevelopment Plan; transportation planning,
traffic calming and pedestrian and bicycle pathway enhancements; and rural
fringe and rural area standards.
2. The Select Committee on Community Character and Design shall be
composed of the following members:
Sally Barker
Gail Boorman
Laura Burke
Michael Davis
David Guggenheim
Timothy Hancock
Samuel Noe
Joe McHarris
JeffPerry
Jim Rideoutte
Terri Tragesser
Susan Watts
3. The Select Committee on Community Character and Design shall be
established for the duration of developing a comprehensive urbardmral design master
plan or for a term of one (1) year, whichever is less.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: April 13, 1999
.:. ~'~TTEST::, ~. ~.~',. BOARD OF COUNTY COMMISSIONERS
"~..: DWIGHT E:.. B~CK, Clerk COLLIER COUNTY, FLORIDA
Attes as to ChatPman's
Approved as to form and
legal sufficiency:
David C. Weigel, C~u'nty At~)n~y
h:ew/resolution/Greater Naples Civic Association
April 13, 1999
Item #12C8
INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY
PROVIDING FOR THE SUBSEQUENT ISSUANCE OF PD ZONING AND DRI DEVELOPMENT
ORDERS BY THE CITY OF NAPLES FOR THE ENTIRE PROJECT CONSISTING OF A
MARINA WITH 450 DRY STORAGE BAY CAPACITY AND 36 WET SLIPS, MARINA AND
RELATED SALES, RESTAURANTS, MARINE CONSTRUCTION STAGING, AND BOAT AND
MARINE SALES AND RENTALS, KNOWN AS HAMILTON HARBOR LOCATED OFF BAY,
FERN, AND DANFORD STREETS WITHIN THE CITY OF NAPLES AND COLLIER COUNTY
- APPROVED
Okay. If we could now go on to the Hamilton Harbor. I don't
have the agenda item number in front of me. Do you have that?
MR. NINO: Yes, 12(C) .
CHAIRWOMAN MAC'KIE: Mr. Nino?
MR. NINO: Yes, for the record, my name is Ron Nino, the planning
services department.
The petition you have before you seeks your approval to an
interlocal agreement.
CHAIRWOMAN MAC'KIE: And this -- Mr. Weigel, is this something
that requires ex parte disclosure and sworn witnesses? MR. WEIGEL: I would advise that.
CHAIRWOMAN MAC'KIE: Okay. I have participated in numerous
meetings, I think, with everybody from the City Council to the
petitioners, otherwise, objectors, community people. I've had a very
broad, the broadest possible disclosure to make on this. Are there any others?
COMMISSIONER BERRY: I've had a -- I've had contact with the
petitioners' representative.
COMMISSIONER NORRIS: As have I.
COMMISSIONER CARTER: As have I.
CHAIRWOMAN MAC'KIE: And would all persons wishing to be heard on
this item please stand, raise your right hand and be sworn by the
court reporter.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: Thank you. Mr. Nino?
MR. NINO: Thank you. This petition seeks your approval of an
interlocal agreement between the City of Naples and Collier County, in
effect granting to the City of Naples the ability to approve a
development order concerning certain land uses for 21 acres of land
lying in Collier County, contiguous to the City of Naples. That land
is located south of Bay Street and west of Fern Road, off of Thomasson
Drive.
As you may recall, or some of you may recall, that this 21 acres
is really a part of the Sabal Bay development approval, which is a
much, much larger development, 2,000 or so acres. And specifically
the land that we're looking at under the Sabal Bay proposal, we would
have had an extensive marina development of 600 wet slips, and its
access would have -- it would have afforded access to a large array of
commercial activities.
And obviously, when you look at the intensity of that
development, it's far less than the intensity that is currently
proposed on the 21 acres of land lying in Collier County. Essentially
that 21 acres will serve as the location of a dry storage facility and
a parking lot that would be attendant to facilitating the use of the
Page 35
April 13, 1999
dry storage and the marina wet slips that would be in the City of
Naples.
The agreement does not carte blanche simply say, city, you
ahead and decide what to do on that property. You'll note that in the
agreement there are conditions that the city will adhere to in terms
of dealing with such things as architectural features, landscape,
access, wetlands, off-street parking and things of that nature. So if
there are some parameters that are being applied to the development
order, that the city would have the ability to approve.
This petition -- this is not a precedent setting case,
incidentally. We were the recipients of that activity on the first
occasion of its use, and that was with respect to the Grey Oaks
project. And indeed, in that Grey Oaks project, we made the decision
basically on 600 acres of land that was in the City of Naples. So
this is not a precedent activity, by any means.
This petition went to the Planning Commission on April 1st, and
the Planning Commission recommended its approval to you.
I have received no formal written letters of objection to the
petition, and we recommend its approval.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Madam Chair, I was out of the room
when you did your disclosure. I don't recall having any outside
contract on this.
CHAIRWOMAN MAC'KIE: Thank you.
Do we have the petitioner, or are you prepared for that to
forward, Mr. Nino?
Well, Mr. Woodruff --
MR. FERNANDEZ: Mr. Woodruff.
CHAIRWOMAN MAC'KIE: Dr. Woodruff, please. That would be fine.
MR. FERNANDEZ: He's our registered speaker.
COMMISSIONER CONSTANTINE: He's the petitioner?
CHAIRWOMAN MAC'KIE: Well, these are public speakers. Dr.
Woodruff is one of them.
DR. WOODRUFF: Do you want the petitioner first?
CHAIRWOMAN MAC'KIE: Petitioner first, if he chooses to speak.
Mr. Anderson, do you have a --
COMMISSIONER CONSTANTINE: For a minute there, I thought Dr.
Woodruff was the petitioner. I was really confused.
MR. ANDERSON: Good morning, commissioners. For the record, my
name is Bruce Anderson, here on behalf of Collier Enterprises, the
owner of the Hamilton Harbor property.
Mr. Nino did an excellent job of giving you the background. I
don't remember if he mentioned the acreages. We're talking about 21
acres is in Collier County. The balance of the project, 103 acres,
are in the City of Naples.
I would just point out that your interlocal governmental
coordination element of your comprehensive plan encourages and calls
for you all to utilize interlocal planning agreements for situations
just -- such as this.
Now, it's my understanding that the county attorney may have a
couple of comments on this agreement, and I'd like to afford them the
opportunity to address whatever they want to so that I might have an
opportunity to respond.
CHAIRWOMAN MAC'KIE: Well
COMMISSIONER CONSTANTINE: I need to amend my prior comment. I
think Mr. Anderson had called me and asked if I had any questions on
Page 36
April 13, 1999
this. So that was the total amount of contact I had. But I don't
think I had any substance --
CHAIRWOMAN MAC'KIE: And on the point, I think, Mr. Weigel, if we
could go to that legal point and get that out of the way, because it
seems to me to be a housekeeping item that maybe we could just get
done with.
If I understand the issue, it's that the County Attorney's Office
is afraid that -- is pointing out to us that we would be in error if
we did contract zoning. If we said ahead of time, we hereby approve
this if you approve this. And you suggested some minor language
changes. Ms. Student copied for me -- or actually through a memo to
me on that issue.
It seems to me that as long as what we're saying is we will adopt
an ordinance within the limits set forth in the interlocal agreement,
we aren't doing spot zoning. If we said we're going to adopt the
following, A, B, C, then that would be contract zoning. But within
limits, I hope that that's something that we can do, because it is
contemplated by our intergovernmental element and frankly I hope it's
something that as these properties straddling the city and county
continue to come forward, that we will have the appropriate precedent
set to allow this to happen.
Do you want to --
MR. WEIGEL: Yes, I'd like to respond briefly here, and that is
that notwithstanding that there are particular statutory and
interlocal agreement parameters established by statute for this kind
of agreement, it just seemed advisable, and I advise you, that to
reduce a potential issue, that it would, we think, be more appropriate
to say rather than the county shall adopt PUD rezoning and a DRI
development order, that et cetera, et cetera, that it just says that
we would suggest a language be that county shall consider the adoption
of.
In a sense that -- it makes this no different than any other
public hearing, advertised public hearing, where people have an
opportunity to come and speak at the hearing, and it's not
contractually foreclosed ahead of time.
Notwithstanding that by virtue of the board approving this
agreement today, I think they've gone a long way to indicating their
intents prior to a full public hearing to be held after full
advertisement later.
This hearing today has not had all the benefits of advertisement
that a normal PUD rezone type of hearing would have. And it's from
that, as Mr. Cuyler used to say, abundance of caution that we advise
you today.
CHAIRWOMAN MAC'KIE: Do you have a rebuttal for that?
MR. ANDERSON: I would prefer not to couch it in terms of a
rebuttal, per se.
CHAIRWOMAN MAC'KIE: You have registered as a lobbyist, haven't
you, Mr. Anderson?
MR. ANDERSON: Indeed I have, yes, ma'am.
CHAIRWOMAN MAC'KIE: Thank you. It's funny how it occurred to me
when you said that.
MR. ANDERSON: And you have my $25 as well.
CHAIRWOMAN MAC'KIE: Good.
MR. ANDERSON: I would merely like to elaborate on what Mr.
Weigel has said, and that is to point out that what this agreement
Page 37
April 13, 1999
calls for is for you to in effect delegate the review authority to the
City of Naples.
As part of this agreement, there have been parameters set forth.
They -- interlocal agreement provides maximums on development
intensity, which the City Council may lower. It also provides
minimums on development standards, which the City Council may
increase.
We could have just not attached any development standards at all
and then maybe we wouldn't have this problem, but we felt that it
would give everyone a certain comfort level, give the planning staff
something to review.
The City Council and Dr. Woodruff can elaborate on this, we'll be
affording notice and an opportunity to be heard by their Planning
Board and by the City Council in compliance with the county's normal
notice requirements.
And I would just point out that there are three different
statutes that authorize you to delegate such a function to the Naples
City Council, and none of them have special notice or hearing
requirements to enter into such an agreement.
CHAIRWOMAN MAC'KIE: So let's hear from Dr. Woodruff, if there
are no other questions from board members.
Thank you for being here this morning.
DR. WOODRUFF: Good morning. Richard Woodruff, the city manager
for Naples. Thank you for the opportunity.
We do come this morning asking for the adoption of the interlocal
agreement. As was stated by your staff, this is almost an identical
process that was established for Grey Oaks, for the City Council
adopted the interlocal agreement for the Board of County Commissioners
to conduct the hearings.
We believe that the interlocal agreement is the most efficient
way for the two governments to work on this. We do pledge and will
tell you that we already have proceeded to send out notifications to
those in the unincorporated area, as well as the incorporated area.
Whereas, your requirement, I believe, is for 300 feet -- CHAIRWOMAN MAC'KIE: Right.
DR. WOODRUFF: -- we have notified up to 500 feet, because that's
the standard practice of the city.
CHAIRWOMAN MAC'KIE: So even in the unincorporated area, you've
notified up to 500 feet.
DR. WOODRUFF: That is correct, yes, ma'am.
CHAIRWOFIAN MAC'KIE: Thank you.
DR. WOODRUFF: The other thing that we would also mention to you
is certainly we want to make sure that the project is something that
benefits both parties. We would certainly entertain any comments. We
would welcome you all to come to the public hearings. We would
welcome you to have your staff present and make input or work with our
staff on the final staff report that would come to the City Council.
Beyond that, I would also state for the record that the public
hearing before the planning advisory board of the city is scheduled
for tomorrow morning in City Council chambers, beginning at 9:00. And
assuming that that matter is concluded, either favorably or not
favorably tomorrow morning, it is scheduled to go to the City Council
on May the 5th. That is the current schedule.
Be happy to answer questions that you may have.
CHAIRWOMAN MAC'KIE: Any questions anyone?
Any additional speakers, Mr. Fernandez?
Page 38
April 13, 1999
MR. FERNANDEZ: No other speakers.
CHAIRWOMAN MAC'KIE: Thank you, Dr. Woodruff.
We'll close the public hearing.
COMMISSIONER NORRIS: And I would like to --
MR. NINO: Madam Chairman, I need to get on the record that your
package neglected to include Page 2 of the interlocal agreement. I'd
like to hand it out to you.
COMMISSIONER NORRIS: Might change our support completely.
CHAIRWOMAN MAC'KIE: Could change everything. I don't think so.
COMMISSIONER NORRIS: While he's handing that out --
CHAIRWOMAN MAC'KIE: It's just the whereas's.
COMMISSIONER NORRIS: -- I'd like to move that we adopt this
interlocal agreement as written.
CHAIRWOMAN MAC'KIE: Good.
COMMISSIONER BERRY: Second.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
I'll be there. Thank you, Dr. Woodruff.
Page 39
B~k 112 · Page
APR 1 3 1999
Agen~ It~ 15
Meeting of 4/21/99
~SOL~I~ 99-8S30
A ~SOL~I~ AUTHORIZ~G THE MAYOR AND CI~ CLERK ~ EXECUTE ~ INTERLOCAL~ ~
~ A~P~4ENT ~TWEEN THE CI~ AI~ ~T.T.?~ CO~l~f, ~ S~STA}~TIALLY T~m~o~ ~
~ A'I'"~CI'I~D ~, ~R T l'ffi ~S~ D~VE~~ OF ~L~N ~R", A~
PLANNED DEVE~PMENTLOCATED~ SOUTH NAP~SBAY~CENT~BAXVI~ PARK;~
DI~CT~G THAT ~ CI~ C~.mlK ~CO~ 8AID A~~ ~ ~ ~IBLIC ~CO~S OF~
CO~I~ COUNTY, FLO~DA; AND PROVID~G ~ EFFECTIVE DA~.
I~IEi~..~, Collier Ente~rises, a Florida co~oration, proposes to develop
"Hamilton Harbor~# a Planned Development containin~ both ~et
slips and dry storage for boats, landin~ facility for mrine
related construction, boat fuelin~ facility, s~ll restaurant,
and ancillary facilities, such as mrina office and store; and o
l~qEIl.~ approximtel¥ 103 acres of the proposed Hand. itoh Harbor are ~
located within the jurisdiction of the City of ~aples and ~
approxi~eely 21 acres are ~ocated ~eh±n the jurisdiction of ~
Coil±er County; and ~
l~ql~aF.~, ie is ~n the best ~neere~e~ of ~he City to enter into an ~
Interlocal Gover~ent ~reement between the City and Collier ~
County, ~h±ch ~ill set forth the land u,e approval process for ~
the proposed deveiopmen~j ~
· ection 1. That the ~ayor and C~ty Clerk are authorixed go execute an ~
Interlocal Gover~ent A~reement between the City and Collier
County, in s~stantially the fo~ attached hereto, for the ~
proposed development of "Hand. leon Harbor," a Pla~ed Development ~
located in South Naples Bay adjacent to Ba~iew Park.
Section 2. That the City Clerk is hereby directed to record the Interlocal
Agreement in the P~lic Records of Collier County, Florida.
Section 3. This resolution shall take effect i~ediately upon adoption. ~
P~S~ ~ OPEN AND ~GULAR SESSION OF T~E CI~ ~CIL OF THE CI~ OF NAPES,
}'w..~DA, ~IS 21ST DAY OF J~:~L, 1999.
~ill Barnett, Mayor
Attest: Approved as to form and legality:
I hereby cerli~' thai the above and foregoing is a line
and correct copy of records aR3earing In Ihe ~des of
APR1 3 999
INTERLOCAL GOVERNMENT AGREEMENT
This Agreement, is made and entered into this 13t'nday of Apr:l.l~ ,1999, by
and between the City of Naples, Florida, a municipal corporation ("City"), and Collier County, a
political subdivision of the State of Florida ("County"), pursuant to the authority set forth in Sections
125.01,163.01 and 163.3171(3), Florida Statutes, 1997.
RECITALS:
A. Collier Enterprises, a Florida corporation ("Developer"), proposes to develop
"Hamilton Harbor", a Planned Development (PD) containing both wet slips and dry storage for
boats, landing f'aeility for marine related construction, boat fueling facility, small restaurant, and
ancillary facilities, such as marina office and store, (hereinafter referred to as the "Project" or
"Hamilton Harbor"), which qualifies as a development of'regional impact (DRI) pursuant to Section
380.06, Florida Statutes.
B. Approximately 103 acres of the proposed Hamilton Harbor are located within the
jurisdiction of the City of Naples and approximately 21 acres are located within the jurisdiction of
Collier County, Florida.
C. The City and the County recognize that the water access and shoreline of the Project
and the majority of the land comprising this Project are within the jurisdiction of the City of Naples,
·
and that most of the resources that may be impacted by the Project are located within the City of
Naples.
D. The City and County recognize that implementation of the Master Development Plan
for the Project will require the Developer to obtain from the City and/or County certain governmental
approvals of the Project (hereinafter "Project Approvals") which are defined to include the
following:
(l) Comprehensive plan amendment in the City.
(2) Rezoning to Planned Development by the City.
(3) Planned Unit Development zoning amendment by the County.
(4) DEl development orders issued pursuant to Section 380.06, Florida Statutes
(! 998), by both the City and County.
(5) Site development plan approvals, building permits and other development
orders or approvals from the City and County pursuant to their respective Land Development
Regulations.
E. Collier County has reviewed the proposed project, including the land uses, heights,
densities and intensities to be allowed within the portion of the Project located within Collier County
~u~d has requested that the City process and adopt PD zoning for the entire project, including that
APR1 3 1999
portion lying within the jurisdiction of Collier County. Further, Collier County requests that the City
issue a DRl Development Order for the entire 124 acre project, when appropriate.
F. The County and the City agree that in order to assure an orderly process, ensure
consistent development standards and promote governmental efficiency, the rezoning and DRI
review and approval procedures for the entire 124 acre project, including that portion of the project
within the jurisdiction of Collier County, should be conducted by one governmental entity, that being
the City of Naples.
NOW, THEREFORE, in consideration of the public benefits to be realized from the
coordinated planning and review, Collier County and the City of Naples hereby agree as follows:
1. The Recitals are adopted and incorporated by reference as if repeated verbatim herein.
2. The City of Naples shall process and review the Application for Development
Approval and Planned Development rezoning petition to be filed by the Developer, Collier
Enterprises, and the City shall issue the Development Order and Planned Development Zoning
Ordinance for the entire Hamilton Harbor project. The legal description for Hamilton Harbor is
attached as Exhibit I and the legal description for that part of Hamilton Harbor solely within the
.jurisdiction of Collier County is attached as Exhibit 2; both of which are incorporated by reference.
The City's Development Order and the PD Zoning Ordinance for the area within Collier County
included in the Pro. ject, shall not exceed the uses, heights, intensities, densities and approximate
locations of facilities as set forth in Exhibit 3, Development Parameters and Master Plan, a copy of
which is attached hereto and incorporated by reference. Following the City of NaPles' adoption of
a PD Zoning Ordinance and DRI Development Order for the project, that is consistent with the
development standards, conditions and limitations set forth in Exhibit 3, the County shall adopt a
PUD zoning amendment and a DRI Development Order that implement and are consistent with this
Agreement and the City of Naples PD Zoning Ordinance and Development Order and which assure
their applicability to that portion of the Project located within the County. Both parties understand
and agree that the adoption of zoning and the issuance of a DRI development order may occur at
different times.
3. The City PD Zoning Ordinance shall specify a single set of substantive standards for
horizontal and vertical development of the Project, including standards for subdivision master plans
and site development plans, that shall apply to the entire marina project.
2
APR 1 3 1999
4. Building and development permits for vertical/structure construction for the Project
shall be subject to processing, review and approval by lhe local government within whose
jurisdiction the property is located on which such building or development permit is requested,
utilizing the applicable standards set forth in the PD Zoning Ordinance.
5. The City of Naples shall have sole jurisdiction to process any proposed amendments
to the Hamilton Harbor PD Zoning Ordinance and DRI Development Order, including changes that
constitute substantial deviations pursnant to Section 380.06(19), Florida Statutes, whether or not
property within the County is affected and such changes shall be effective within the County,
provided that the proposed changes do not exceed the development standards set forth in the attached
Exhibit 3. In the event that changes are proposed to the PD Zoning Ordinance or DRI Development
Order on land located within Collier County, and the proposed changes exceed the development
standards set forth in Exhibit 3, then the County shall have authority to review and approve proposed
amendments to its development order and/or the PUD Zoning Ordinance applicable to portions of
the project within the County's jurisdiction.
6. This Agreement shall be effective for a period often (10) years from the day and year
first abov6~tritten.
ATTEST:
'
D~/IC[HT BRQCK, C~e~'k - PAMELA S. MAC'KIE, Chairwoman
Attest
$1Qaature ofll~.
Approved as to form and legal sufficiency:
~L,'County Attorney
A'ITEST: CITY OF NA'I~L~jS~L~~
Tara A. Norman,City, Clerk L['AM ARNETT, Mayor
Approved as to form and legal sufficiency:
KENNETH B. CUYLEVity Attorney
F:\uscrs\TIIERESA\wpB~hamilton hmbor aabal bay~misc\intcdocal a&,Tcementwpd
EXHIBIT "1"
Pl..-\NNFR.';. ENVIRONMI.:N'r^I. (.X3N.~OI:~ANTS',' E~'GIN'EERS. .APR I 3 1999
Descriptiou of part of Sections 22, 23 and 27, Township 50 Sonth,
Range 25 East, Collier County, Florida
(for Collier Enterprises)
All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being
more particularly described as follows:
Beginning at the southeast comer of said Section 22;
thence along the east line of said Section 27, South 00°25'29" West 2328.66 feet;
thence leaving said section line South 89°32'18" West 1288.58 feet;
thence North 00027'34" west 331.71 feet;
thence northeasterly 846.91 feet along the arc of a tangential circular curve concave to the southeast having
a radius of 800.00 feet through a central angle of 60°39'!9'' and being subtended by a chord which bears
North 29052'06" East 807.91 feet to a point of reverse curvature;
Ihcnce northerly I OI 1.26 feet along tile arc ora tangential circular curve concave to the northwest having a
radius of 750.73 feet through a central angle of 77°10'46" and being subtended by a chord which bears
North 21°36'2 I" East 936.52 feet;
thence North 16°59'02'' West 450.59 feet;
thence North 50000'29" East 226.72 feet;
thence northeasterly 113.41 feet along the arc ora tangential circnlar curve concave to the northwest
having a radius of 150.00 feet through a central angle of 43°19'08'' and being subtended by a chord which
bears North 28026'43" East ! 10.73 feet to a point of compound curvature;
thence northerly 320.89 feet along the arc ora tangential circular curve concave to the west having a radius
of 480.00 feet through a central angle of 38°18'13'' and being subtended by a chord which bears North
12°21 '57" West 314.95 feet to a point of reverse curvature;
thence northerly 109.67 feet along tile arc ora tangential circular curve concave to the east having a radius
of 100.00 feet through a central angle of 62050'20" and being subtended by a chord which bears North
00°05'54'' West 104.26 feet to a point of reverse curvature;
thence northeasterly 171.22 feet along the arc ora tangential circular curve concave to the west having a
radius of 180.00 feet through a central angle of 54030'00" and being subtended by a chord which bears
North 04°04' 16" East 164.83 feet;
thence North 23° 10'44" West 123.01 feet;
thence northwesterly and easterly 197.05 feet along the arc ora tangential circular curve concave to the
soud)east having a radius of 100.00 feet through a central angle of I 12°54'00" and being subtended by a
chord which bears North 33°16' 16" East 166.68 feet;
thence North 89043' 16" East i 10.00 feet;
thence easterly and northwesterly 213.10 feet along the arc ora tangential circular curve concave to the
northwest having a radius of 100.00 feet through a central angle of 122°06'00'' and being subtended by a
chord which bears North 28°40' 16" East i 75.01 feet to a point of reverse curvature;
thence northerly and northeasterly 78.69 feet along thc arc ora tangential circular curve concave to the east
having a radius of 50.00 feet through a central angle of 90o10'20" and being subtended by a chord which
bears North 12o42'26" East 70.82 feet;
d~ence North 57o47'36" East 67.46 feet;
d~cnce northerly and northwesterly 194.01 feet along the arc ora tangential circular curve concave to the
west having a radius of 75.00 feet through a central angle of 148°12'45'' and being subtended by a chord
which bears North 16°18'46'' West 144.27 feet;
lhcncc South 89°34'51" West 30.00 feet;
thence westerly and southwesterly 157.08 feet along the arc of a tangential circular curve concave to the
southeast having a radius of 100.00 feet through a central angle of 90°00'00" and being subtended by a
chord which bears South 44°34'51" West 141.42 feet;
thence South 00°25'09'' East 169.99 feet;
thcncc southwesterly 62.98 fact aloug Ihe arc ora tangential circular curve concave to tho northwest having
a radius of 50.00 fcct through a central angle of 72o10'28" and being snbtended by a chord which bears
South 35°40'05'' West 58.90 feet;
thence South 71°45'19'' West II 6.04 feet;
thence southwesterly and southerly 248.54 feet along tile arc ora tangential circular curve concave to the
southeast having a radius of 150.1)0 feet through a central angle of 94°56'03'' and being subtended by a
chord which bears South 24° I 7' 18" West 22 !.07 feet;
thence South 23°10'44'' East 123.01 feet;
WII. SON, MII. I. ER, BARTON ~. PEEK, INC.
3200 Bailey Lane, Suite 200, Naples, Florida 34 i 05-8507 ' Ph 941-649-4040 Fx 941-643-5716
Web Site: www,wiJ~(mmiller.coln ~ ~.-~,:(~*o E-maih naplca~wilsonmiller, com
I'I..'\NNliR.';, ENVIIIA'~NMI'.'NT.'~I. (:ONSLJI.TANTS, ENGINEERS, APR I 3 19gg
~LII(\'F.Y¢'H~..q, I..\NI).qt:.-\I'E AR(:IIIlli(:TS, CONSTI*,tJ(:TICJN ]V[AN^GERS
thence sot,therly and southwesterly 101.05 feet along the arc of a tangential circular curve concave to the
northwest having a radius of 50.00 feet through a central angle of 115°47'41'' and being subtended by a
chord which bears South 34°43'14'' West 84.71 feet to a point of compound curvature;
thence northwesterly 256.08 feet along the arc ora tangential circular curve concave to the northeast
having a radius of 220.00 feet tbrougl~ a central angle of 66°41'32" and being subtended by a chord which
bears North 54°02' 10" West 241.87 feet;
thence North 20°41'24" West 195.01 feet;
thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a
radius of 280.00 feet through a central angle of 63"54'40" and being subtended by a chord which bears
North I 1°15'56'' East 296.39 feet to a point of reverse curvature;
thence northeasterly, northerly and northwesterly 516.02 feet along the arc ora tangential circular curve
concave to the west having a radius of 300.00 feet through a central angle of 98°33'08" and being
subtended by a chord which bears North 06°03'18'' West 454.72 feet;
thence North 55°19'52' West 528.65 feet;
thence North 02°23' 16" East 275.02 feet;
thence northeasterly 77.62 feet along the arc of'a tangential circular curve concave to the southeast having
a radius of 50.00 feet through a central aqgle of 88°57'04'' and being subtended by a chord which bears
North 46°5 ! '48" East 70.06 feet to a point of reverse curvature;
thence northeasterly 731.46 feet along the arc of a tangential circular curve concave to the north having a
radius of 1200.00 feet through a central angle of 34°55'29" and being subtended by a chord which bears
North 73°52'36" East 720.19 feet to a point of reverse curvature:
thence northeasterly, northerly and northwesterly 134.88 feet along the arc ora tangential circular curve
concave to the west having a radius of 50.00 feet through a central angle of 154033'46" and being
st,btended by a chord which bears North 20°52'02'' West 97.55 feet to a point of reverse curvature;
thence westerly and northeasterly 71.31 feet along the arc ora tangential circular curve concave to the
northeast having a radius of 35.00 feet through a central angle of 116°44'18'' and being subtended by a
chord which bears North 39046'46'' West 59.60 feet;
thence North 18°35'23" East 68.45 feet;
thence North 13049'59" East 340.07 feet;
thence North 07000'50" East 161.59 feet;
thence North 82059, 10" West 35.00 feet:
thence Nonh 07000'50" East 14.74 feet;
thence North 89°18'5 !" East 527.45 feet;
thence South 00°13' 12" East 335.51 feet;
thence North 89o24'52" East 1333.23 feet;
thence North 00°32'30'' West 30.00 feet:
thence North 89o24'52" East 50.00 feet;
thence South 00°32'30'' East 537.45 feet:
thence south 89o29'24" West 916.48 feet;
thence South 00°06'04'' East 453.00 feet;
thence south 89o29'24" West 470.01 feet;
thence South 00o06'04" East 2039.29 feet to the Point of Beginning of the parcel herein described;
Subject to easements and restrictions of record.
Containing 124.29 acres more or less.
Bearings are based on the
Certificate of authorization #LB-43.
WILSON, M1LLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
Mi hael lt. Maxwell, P.S.M. #4650
Rcf. 4D-94
Not valid unless embossed with the Professional's seal.
'g/VII.SON, MII. LER, BARTON ~. PEEK, INC.
3200 Bailey Lane, Suite 200. Naples, Florida 34105-8507 · Ph 941-649-4040 Fx 941-643-5716
xX/¢l, Site: www. wilsonmiller.com .1, ~. ~ c ~n0 E-mail: naples~wllsonmlller, com
EXHIBIT "2"
PI.ANNEIIS, ~NVII~'C~NMI:.NT.AI. CoNs~ii.TANTS, EI4OII4EERS, APR 1' 3 1999
.%1 ~I(\"I:.Y('H~,S, J.A N 1~5( :A I'1". A I,L( :11 I1'1:'( ;TS, C.¢'~NSTI{ t I(:TION JVJ ANAOEI~,S
Description of part of Section 23, Township S0 South,
Range 25 East, Collier County, Florida
All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being
more particularly described as follows:
Commencing at the southwest corner of said Section 23;
thence along the west line of said Section 23, North 00°06'04" West 2039.29 feet to the Point of
Beginning of the parcel herein described;
thence continue along said section line in the following two described courses:
1) North 00o06'04" West 653.01 feet:
2) North 00° i 3' 12" West 305.62 feet~
thence leaving said section line North 89"24'52" East 1333.23 feet:
thence North 00°32'30" West 30.00 feet;
thence North 89024'52" East 50.00 feet;
thence South 00°32'30" East 537.45 feet;
thence South 89°29'24'' West 916.48 feet;
thence South 00°06'04" East 453.00 feet~
thence South 89029'24'' West 470.01 feet to the Point of Beginning of the parcel herein
described;
Subject to easements and restrictions of record.
Containing 21.02 acres more or less. _o_
Bearings are based on the west line of said Section 23 being North 00006'04" West. ~
Certificate of authorization//LB-43, r,o
WILSON, MILLER, BARTON & PEEK, INC. vo
Registered Engineers and Land Surveyors ~-~
By: lgg ' "' ..? ~'~/ Date ~ "//- ~9 Michael H. Maxwell, P.S.M.//4650
Ref. 4D-99
Not valid unless embossed with the Professional's seal.
- Ver; Oil-
WILSON, MII. LIiR, BARTON & PEEK, INC.
1200 Bi, iley I.ane, S.ite 2OO, Naplc~, FlorMa 34 IO5-850? · Ph 941-649-4040 Fx 941-643-5716
Wcl) Site: www wd.~ommller.¢om ,, ~..,~:cooo,,0 Ii-mail: napleiJJwilsonmlller.c&~m
APR 1 3 1999
EXHIBIT 3
DEVELOPMENT CRITERIA AND STANDARDS FOR HAMILTON HARBOR
(within Collier County jurisdiction)
I. Permitted Princir~al Uses: No building or structure, or part thereof, shall be erected, altered
or used, or land or water used, in whole or in part, for other than the following:
A. Part of boat basin in conjunction with dry boat storage facility.
B. Dry boat storage facility for a maximum of 450 boats, in conjunction with the marina
facility on adjoining land within the City of Naples.
C. Marine equipment and boat sales and display.
D. Boat docking facilities.
E. Marina related offices.
F. Repair and servicing of boats, boating accessories and marine equipment.
G. Marina related retail sales.
II. Permitted Accessory Uses: Accessory uses and structures which are incidental and
customarily associated with the above permitted use as follows:
A. Incidental loading and unloading of marine supplies.
B. Ponds/water management facilities.
C. Parking lots.
D. Landscape buffers.
E. Yacht or sailing clubs.
F. Signage, including internal directional signage.
G. Sewage pt.~mp-out facilities.
H. Fuel storage facilities.
I. Accessory uses and structures which are incidental to and customarily associated with
the permitted uses listed above.
III. Minimum Lot Area: 10,000 SF
IV. Maximum Lot Coverage By Buildings: 50 percent
V. Minimum Setbacks 50 feet from project perimeter boundary, as
Principle and Aceesso~ Buildings depicted Exhibit C Oeneral Site Plan, except
for water where the setback is 0 feet.
VI. Maximum
Building Height
3/I 6/99-$4687 Vcr: 011-Alcnkinl
APR'{ 3 1999
Dry storage facility 48 feet from 8' NCiVD to the eaves of the
building.
VII. Minimum
Off-Street Parking Dry storage facility - 1 space/10 dry slips.
Parking spaces noted are minimums and may
increase based on marina industxy standards.
VIII. Architectural Standards
Dry storage facility Due to the placement of the dry boat storage
facility, existing mangrove trees and large
titus trees in Bayview Park substantially hide
the building from public view. The dry boat
storage building facades will be a natural
color to further blend in with the surrounding
environment.
IX. Wetlands/Conservation Areas designated WC (Wetland Conservation
shall be protected by Developer granting a
conservation easement or dedicating the same
to the City of Naples Land Conservation
Trust Fund or other acceptable conservation
oriented entity.
X. Water Management Water management will be conducted
according to engineering best management
practices and the requirements of the
South Florida Water Management District.
XI Landscape buffers A 40' landscape buffer will be provided along
the northem side of entry road, buffering the
adjoining residents to the north. An average
of 25' buffer area will be provided around the
wetlands to the south of the project.
XIII Access Primary access will be from an entry located
at a southem extension of Fern Street.
3116/99-546B? Vet; 011-AJetlklnl
April 13, 1999
Item #6C2
PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL
YEAR ENDED SEPTEMBER 30, 1998
Okay, let's see. Next we said we would go to the auditor's
report.
Mr. Mitchell?
MR. MITCHELL: Madam Chair, Commissioners, once again, good
morning. For the record, my name is Jim Mitchell, the director of the
financing and accounting department.
In an effort to ensure that this board fully understands what's
contained in that big book that we handed you this morning, we have
asked the independent auditors to come in and do a brief presentation
to you. I'd like to introduce to you Chip Jones, who is our
engagement partner with KPMG. And he is also the partner in charge of
governmental services for KPMG. So Chip, if you would.
MR. JONES: Thank you very much. I apologize for the lateness.
Several accidents on 1-75 this morning between Fort Myers and Naples.
CHAIRWOMAN MAC'KIE: If it were a county road, I was going to
apologize for the traffic condition.
COMMISSIONER CONSTANTINE: I was wondering if you were taking
responsibility for it instead of apologizing. MR. JONES: No.
Anyway as Jim has mentioned this is -- the purpose of this
presentation is to kind of go over in a much more condensed fashion
information that you could probably gather from looking at the CAFR.
I don't think many people other than the finance department and the
auditors look at that CAFR. It's quite detailed but it's a good CAFR.
It's been put together very well.
If you have a chance, the transmittal letter is almost like a
management's discussion and analysis of what's going on in the county.
I think that's a very useful tool to look at. And again, we've been
through it in great detail.
CHAIRWOMAN MAC'KIE: Could I ask you if you have another copy of
this, as you go through it with us, if you'd put it on that little
table there. Maybe somebody from staff could help him make that so
the public can see what we're seeing.
Do you know how to run that thing, Jim? Would you help us, Ron?
There you go.
MR. JONES: Okay. As Jim mentioned, we do work for the board,
and we had full cooperation during the audit. It went very well.
This was our first year to do the audit. And I think both parties,
both sides, were very pleased with the results.
I did speak to you all a couple of months ago about year 2000
compliance, and at that time I mentioned that due to the standards
issued by the government county standards board, we would be issuing a
qualified opinion.
Well, enough people, you know, complained that the GASB on March
29th changed our position. And Jim's department was on hold with two
different versions of the CAFR, depending on what they came up with.
So your opinion is not qualified. In fact, you're the first one I've
issued that's not qualified in about six months.
Page 40
April 13, 1999
It does have required supplementary information, which is
essentially the same disclosures, but the GASB allowed it to be done
in a different format.
The first page is just an indication of your overall general
fund. Fund balance. This is the fund that basically provides for
most of the operations of the county. You can see that it increased
significantly this year, up to 24.3 million dollars. And as a
percentage of your expenditures, it's around 21.7 percent. Most of my
clients generally are in the 15 to 20 percent range. So I think your
fund balance is in good shape.
I should point out, though, that about 4.3 million dollars of
that fund balance is reserve fund balance, since it represents a loan
to your airport authority. And so it's not really available, since
those monies aren't available until the airport authority repays that.
You take that away, you're down to around about 17.9 percent fund
balance. Again, I think that's good. It's not excessive, it's not
too low. And in today's environment, I think with the good economic
times that we have, which who knows how much longer they're going to
last, it's good that you're in this position.
The next page shows your other governmental funds. And again,
that boils down to your special revenue funds which essentially is
resources that are specifically designated for special purposes. Most
of that special revenue funds is monies collected that are -- have to
be used for improvements on the unincorporated areas.
You also have your capital projects funds, which are very large.
Most of that is revenues that are restricted for road construction.
And it went up significantly this year, mostly because the
expenditures for road construction were a lot lower this year than
they have been in the past. I don't know if that's a timing issue,
but they were down about four or five million dollars from the prior
year.
CHAIRWOMAN MAC'KIE: I'm going to want to know about that, Mr.
Fernandez, if you could. When we have the level of congestion that we
have on the roads, how we come not to be spending as much money as we
were. I'm sure there's a reason.
MR. JONES: Most of the revenue, that comes from the special
option sales tax that you have for the road construction as well, some
gas taxes.
The next chart gives you a reflection of your revenues, and it
shows you five-year trends. And you can see that obviously taxes is
your biggest source. Even with the fact that you did drop your
millage rate a little bit last year, your overall tax revenue went up
about seven and a half percent. But that was down from about 10 and a
half percent, the year before that went up. So you did reduce your
millage. It did probably cut down on the increase a little bit.
On the following page you can see a pie chart. And it
essentially shows that these numbers between 1998 and 1997 are really
fairly comparable, but that a little bit over half of your revenue
support for your governmental operations comes from your taxes that
you collect.
No other area other than maybe the intergovernmental, which is
allocations of monies from the state or the federal government, a lot
of grants, accounts for anything else of significance.
CHAIRWOMAN MAC'KIE: Can I ask you how this compares to other
counties? I'm always banging the drum about diversing (sic) our tax
Page 41
April 13, 1999
base. Is this -- should I be worried? Is over 50 percent just
normal?
MR. JONES: Well, let me ask a Heneral question. The tax number,
is that all ad valorem taxes? Okay.
See, some counties only show ad valorem taxes of that number and
show other taxes in intergovernmental. And the ad valorem tax is
really the component I think you're interested in. CHAIRWOMAN MAC'KIE: I'm worried about, yeah.
MR. JONES: And I don't have the breakout of that. That is
something we can do, because I do like Sarasota County, Jacksonville,
and Pinellas Counties. And we also do -- I'm not the partner -- up at
Lee County, north of here.
CHAIRWOMAN MAC'KIE: Maybe you could get us something on that,
Jim. Thanks.
MR. JONES: On the next page, it's the governmental expenditures.
And you can see your biggest expenditures are in the area of public
safety. And that again is typical of everybody that I audit. And that
generally has the largest increases, although your public safety
expenses did not go up as much as some of the other clients that I
work with. There was about a five and a half percent increase this
year, which I think was on the low end of what I see in some of my
other counties.
You can see over on the far right is the capital outlay. And you
can see how it's dropped a lot in the last two years. And about six
million of that drop was road construction. That was less than the
prior year.
CHAIRWOMAN MAC'KIE: Can I ask you another question on this paHe?
MR. JONES: Yes.
CHAIRWOMAN MAC'KIE: Just are there -- I know we usually just
skim past this, but I've kind of gotten where I understand it and I
get curious about it. Are these the categories that you use for all
counties, or does some counties have, for example, a social services
component?
MR. JONES: The social service component might be in the general
government component. Generally, these are the major categories that
are outlined by the Government Finance Officers Association as to how
to classify expenses.
CHAIRWOMAN MAC'KIE: I see. Thank you.
COMMISSIONER CARTER: I think, Commissioner, that it's just
buried.
CHAIRWOMAN MAC'KIE: Buried is the question. And I'd love to see
us in comparison with other counties, just out of -- but that's for
another day.
MR. JONES: Pie charts.
COMMISSIONER CARTER: If I could ask you a question. Economic
environment, what are we talking about here?
CHAIRWOMAN MAC'KIE: I thought that that said development.
MR. JONES: It's a very small amount. What's --
COMMISSIONER BERRY: It's very small.
MR. FERNANDEZ: Economic development.
CHAIRWOMAN MAC'KIE: Is that that money that we don't fund to the
EDC's budget? I think that's what that is. Is it our --
MR. MITCHELL: I'll need to take a look at that, Commissioner.
CHAIRWOMAN MAC'KIE: Probably our partnering with the Economic
Development Council, which is a wonderful thinH.
COMMISSIONER CONSTANTINE: And corporate welfare.
Page 42
April 13, 1999
COMMISSIONER CARTER: You should be happy with it, Tim, it's very
small.
COMMISSIONER CONSTANTINE: Yeah, yeah.
CHAIRWOMAN MAC'KIE: So that's something we'll want to know, too,
Jim, if you could get to us. Thank you.
MR. JONES: On the next page again is a pie chart. You can see
that public safety is up to 40 percent of your total expenditures,
compared to 37 percent. But you have to keep in mind that your
capital outlay expenditures dropped significantly. If capital outlay
had been pretty comparable, I think you see the public safety
component would have been comparable between yours, too.
COMMISSIONER CONSTANTINE: Does that just keep growing? I can't
help but notice, because it is such a big jump, that giant blue part
of the pie. It's up three percent. That is -- do we know? Because
it seems like that budget gets bigger every year. Has that -- over
the several years, has that gotten considerably bigger or --
MR. JONES: This past year it seemed to actually be -- as I
mentioned, was lower than I've seen in some of my other county
clients. They had about a five and a half percent overall expenditure
increase. And I've got some that are more up in the 10 percent range.
So I don't think the size of increase this year was in any way out of
line from what I've seen.
Again, this percentage here, the 40 percent of your total versus
37 last year, is somewhat skewed because the capital outlay portion
last year was 16 percent. This year it's only eight percent. And
that number can go back and forth. It could go up next year and make
the public safety actually go down when, in fact, it may have been
increased expenditures again.
CHAIRWOMAN MAC'KIE: That's probably the same question, Mr.
Fernandez, about the roads. It's probably going to be some contract
issue about when we have to pay money. Timing on contracts.
COMMISSIONER BERRY: Does this cover your human services? Is
that what you're looking at?
CHAIRWOMAN MAC'KIE: No, ma'am. Where is that?
COMMISSIONER BERRY: Well, it is, it's in the pie chart.
CHAIRWOMAN MAC'KIE: Human services, three percent.
COMMISSIONER BERRY: Right.
CHAIRWOMAN MAC'KIE: I'm going to want to know what that is, too.
Thank you, Jim.
Thank you, Commissioner.
Human services. Culture and recreation. That's probably parks
and rec., though.
MR. JONES: Some of those terms and descriptions have been around
for a long time, and they don't quite have the same meaning, I think,
that we would like them to have.
On the following page is major special revenue funds, and again,
these are revenues that are designated for specific purposes. As when
we do the audit, one of the things we make sure is that the
expenditures in these funds are in accordance with the legal
restrictions.
The first, the red column is the revenues for the current year,
and the blue column is the fund balance for the current year. You can
see that your largest one is the unincorporated areas with 20 million
dollars of revenues this year and 11 and a half million dollar fund
balance. That was up -- included in that was about 9.7 million
Page 43
April 13, 1999
dollars of taxes and roughly 8.3 million dollars of licenses and
permits.
The tourist development was 8.4 million revenues this year, up
about 600,000 from last year. And your fund balance is relatively the
same. You spent what you took in this year, but the fund balance has
stayed relatively flat. It's healthy.
COMMISSIONER BERRY: A question I have. When it talks about road
districts, is that regard -- is this fund reflecting maintenance
dollars?
CHAIRWOMAN MAC'KIE: I think so.
COMMISSIONER NORRIS: Yes.
CHAIRWOMAN MAC'KIE: That's our maintenance budget.
COMMISSIONER BERRY: That's maintenance?
MR. JONES: As opposed to the construction --
COMMISSIONER BERRY: Right.
MR. JONES: -- which I'll show you on the next page.
COMMISSIONER BERRY: Okay.
MR. JONES: This page is your major capital projects, and you can
see road construction is obviously your largest, followed by the road
impact districts and the park impact districts.
COMMISSIONER NORRIS: And that answers the question that's come
up a couple of times about why we spent the money. Well, you can see
that the fund balance has gone up so, therefore, that indicates that
the -- you know, it's money in transit. It hasn't been spent. The
check hadn't been written but the projects are going on.
CHAIRWOMAN MAC'KIE: Timing again.
COMMISSIONER NORRIS: Timing.
MR. JONES: Yeah, again, that's -- last year's fund balance was
around 10 million there, so there was a sizable. But again, depending
on when the projects are makes all the difference on how this reflects
here.
The following page is your general governmental debt. Most of
that money is bonds. I think the largest was back in '93. But
capital improvement type bonds, issues that you've had to improve the
city -- I mean the county. There were no new bonds issues this year.
You have 9.7 million dollars available in your debt service funds,
and most of those monies are set aside under the legal restrictions of
the debt instruments. But actually, your debt went down quite a bit
this year.
Same goes with your enterprise fund debt, which is on the next
page. You can see that that has been continually going down. Almost
all of that is water and sewer bonds. And then the notes payable is
the money that you've borrowed from the state revolving loan fund for
improvements to your waste water treatment plants and stuff like that.
This year there was roughly six million dollars borrowed. And we
do a separate audit to be in compliance with state requirements on how
that money is expended.
Now, you've got four or five different enterprise funds, and
they're meant to be self-supporting. And I thought I'd go over those
a little bit right now. Your largest is the water and sewer
department. And this summarizes for the last three years what your
revenues are, your expenses, and what your net income is.
You can see that the revenues went up a couple of million dollars
this year. You actually dropped your water rates last year but you
increased your sewer rates so the mix in that specific revenue number
has changed a lot. But overall, it went up very slightly.
Page 44
April 13, 1999
The 10 million dollars of net income, one thing that people
erroneously look at, they look at net income and say well, why are we
making money? And that's why if you look the next page, it's shows
cash flows. Your water and sewer enterprise fund is very dependent on
capital expenditures and debt service. And it's important that you
generate from your operating activities enough cash to make payments
on outstanding debt, to provide reserves for adjustments in -- you
know, changes to your physical plan or expansion of, you know,
capacity, those types of things.
In just looking at the 1998 column, you can see that we had
roughly 11 million dollars of operating income, you add back
depreciation, which is a non-cash expenditure, so your operations are
generating 20 million dollars. Developers also came up with around 13
million dollars of improvements to your system.
Capital expenditures, 21 million dollars. They're higher than
last year, but lower than they were in 1996.
Your debt service was roughly 11.7 million dollars.
Debt proceeds, that's money you got from the state revolving loan
fund that were used for, you know, improvements to the treatment
plants.
So you had an overall increase in your cash position of 13.2
million dollars. But again, that's -- you've got to look at where
your long-term needs are, and the debt that you're going to have and
the improvements that you're going to have, and obviously you have a
very expanding population, so you're going to be increasing the
capacity of your water, you know, facilities and wastewater treatment.
CHAIRWOMAN MAC'KIE: So this doesn't look out of line to you?
MR. JONES: No, no. Pinellas County, they roughly generate --
half of their revenue ends of being -- going to the bottom line. But
they're having, again, significant capital expansion and changes in
their physical environment.
CHAIRWOMAN MAC'KIE: Thank you.
MR. JONES: The solid waste disposal is on the next page. That
generates a very small net income. Most of the increase in revenues
was increase in the customers. There's about 10 percent more
customers added to it. And you also add about a four percent increase
in your rate. And also, a lot of this is dependent on how much was
taken to the landfill, and there was an increased tonnage that was
taken to the landfill this year.
CHAIRWOMAN MAC'KIE: Is this significant enough to look like a
rate reduction opportunity?
MR. JONES: I wouldn't want to suggest anything along that. I
mean, landfill closure costs -- well, you're in a situation where you
contracted out that responsibility to Waste Management. And that's a
decision for you all.
CHAIRWOMAN MAC'KIE: Well, it's something to look at, Mr.
Fernandez. We've got that kind of an equity. Is that -- that's --
MR. FERNANDEZ: Madam Chairman?
CHAIRWOMAN MAC'KIE: -- 26 million dollars in addition to the 40
million?
MR. FERNANDEZ: I think the rate structure was based upon the
need for additional expenses associated with the new landfill, and
that's why there's a surplus there.
CHAIRWOMAN MAC'KIE: Oh. So keeping the old landfill might
result in a reduction of rates.
Page 45
April 13, 1999
COMMISSIONER CONSTANTINE: No, I don't think that's accurate, Mr.
Fernandez.
MR. FERNANDEZ: Mike Smykowski can give us the details.
COMMISSIONER CONSTANTINE: Wait a minute. Not with a new
landfill as in if we go somewhere else there's new costs and if we
expand where we are, there aren't new costs. When we say about new
needs --
CHAIRWOMAN MAC'KIE: A cell.
COMMISSIONER CONSTANTINE: -- that's opening a new cell.
MR. SMYKOWSKI: Opening a new cell, correct. But long-term, the
rates -- the board had adopted a rate structure that was accumulating
cash toward the eventually siting, wherever it may be, of the new
landfill.
CHAIRWOMAN MAC'KIE: But that's a separate fund, that's the 40
million dollars, right? Isn't it 40 million dollars in the relocation
fund?
MR. SMYKOWSKI: No.
CHAIRWOMAN MAC'KIE: Okay, we'll talk about it later. I'm sorry.
MR. JONES: Okay. The last two enterprise funds I want to go
over are the airport and the emergency medical services.
The airport is showing a small loss of around $800,000. But in
the current year you did have to advance them roughly a million and a
half dollars more. Again, that's shown as a loan in your financial
statements. And that was essentially subsidized a loss as well as pay
for some of their capital expenditures and the debt service that
doesn't show on the cash flow -- or doesn't show on an income
statement.
The City of Naples Airport Authority in revenues looks to be
about four times the size of the revenue that you have for your three
regional airports that you have. They operate basically on a
break-even basis.
CHAIRWOMAN MAC'KIE: We'll get that.
MR. JONES: On the next page is your emergency medical services.
This -- again, consistently, the revenues you get from these services
are covering about half the cost. And then you're transferring money
from your general fund to fund the other half.
Again, just off the top of my head, I know Pinellas County, I
think that's roughly the same ratio. But back in 1990 or something,
they passed a tax that, you know, the voters approved on. So
essentially, they don't subsidize it any more from their general fund,
it's a self-supporting fund. Half the revenue being from the EMS
services and half from a tax revenue that was approved by the voters.
On the next page is a list of all the opinions we issued.
COMMISSIONER CARTER: Could you -- what kind of a -- what do they
do? You said they had a tax revenue. What did they pass?
MR. JONES: I can't remember if it was a sales tax or if it was a
special millage. I can't recall. But they do have a pledged revenue
source that's strictly for EMS purposes, and it was passed
county-wide, referendum.
COMMISSIONER CARTER: Interesting. Thank you.
MR. JONES: Some of the -- again, on supporting services and
stuff, things like EMS. I'm not sure, the transit in Collier County,
is that within the county -- MR. FERNANDEZ: No.
Page 46
April 13, 1999
MR. JONES: Separate. But more and more, they're looking at
sales taxes and things like that to try to support some of these types
of funds.
CHAIRWOMAN MAC'KIE: How interesting as an entree to our
afternoon discussion.
MR. JONES: This page lists all the opinions that we give. And
again, there's a lot of work involved in the audit. And if you ever
were interested, you could probably fall asleep reading all of these
different reports that were issued.
But the important thing is to say that all of those reports were
essentially clean opinions saying that the county's doing a good job.
This final page lists all the component units that are included
in the financial statements, which means that if there is through a
decision tree control exercised by the board, we will include these
particular things in the financial statements.
And then the last page, just a couple of highlights -- well, the
last two pages. There was a couple of county pronouncements adopted
this year, really had no impact on anything. We've talked about the
year 2000, I've mentioned the airport. Your self-insurance reserves,
you are partially insured in some ways, but you've got adequate
reserves, in our opinion, looking at how much money is set aside in
relation to the claims.
And then the last page just gives you a breakdown of your cash
and investments of September 30th. You can see the various components
and how much of that is restricted and unrestricted.
What's important to remember is that as you rely a lot on your
taxes, most of your -- September -- well, October and November are
pretty much dry months as far as getting a lot of cash in, so this
number goes down significantly in those two months.
Again, we have the full cooperation. It's very much of a
pleasure to be able to represent you all. And again, we work for the
board. If there's questions, you can only always call me. You have a
finance department that I think did a very good job and we work well
together, and I think they felt they had a good audit this year. So
thank you very much.
CHAIRWOMAN MAC'KIE: Any other questions, board members? If not,
we thank you very much.
Mr. Mitchell has some comments.
MR. MITCHELL: Commissioners, I just wanted to -- we expected
there'd be some questions coming out of this. And what we would
prefer to do is to take those questions back, make sure we give you
the right answers. And one of the things that I would encourage you
to do is if you have the time, go through this, and if there's any
additional questions that come out of it, please call me or Derrick
Johnson with my office, and we'll respond accordingly.
CHAIRWOMAN MAC'KIE: Thank you.
MR. MITCHELL: Thank you.
Item #8A5
UPDATE ON CODE ENFORCEMENT BOARD ACTION TO PURSUE FORECLOSURE OF
OUTSTANDING LIENS - PRESENTED
CHAIRWOMAN MAC'KIE: Okay. Then we'll get back on track on our
agenda, I think we're to Item 8(A) (5), which is an update on Code
Enforcement Board action to pursue foreclosure of outstanding liens.
Page 47
April 13, 1999
Michelle Arnold?
MS. ARNOLD: For the record, Michelle Arnold, code enforcement
director.
This is an informational item for the board. All we're looking
for is your support. The Code Enforcement Board has directed staff to
look into outstanding liens that we have on the books. There are
approximately eight liens that are outstanding that have been accruing
over the years, and because they have remained unpaid, we're going to
be pursuing foreclosing on that.
This is going to be a coordinated effort with the County
Attorney's Office, as well as real property, and we're starting that
process right now, and I just wanted to come to you to let you know
that that's something that we're doing.
CHAIRWOMAN MAC'KIE: And we'll be apprised of it as it goes
forward, it will be -- it will produce regular agenda items for us, I
guess, about foreclosure items, or there'll be consent agenda items,
usually?
MS. ARNOLD: We can make them consent agenda items. As we go
through each individual foreclosure, we can put that on the agenda so
that you can see those.
COMMISSIONER NORRIS: And you said there are currently eight
cases that we're looking at?
MS. ARNOLD: Yes, there are currently eight of them. We estimate
that considering the legal fees, the title fees and those other things
to go through and actually get those properties, it would be roughly
$5,000 per property.
CHAIRWOMAN MAC'KIE: Okay. Well, I'd certainly support that. And
if there are no objections from the rest of the board, I appreciate
the information. Thank you. Go forward.
Item #8A6
RECORDING THE FINAL PLAT OF OLDE CYPRESS UNIT ONE - APPROVED WITH
CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS
We'll quickly run through the plats. I hope quickly run through
the plats that were added. First was the Olde Cypress Unit --
although I have to say Olde Cypress Unit 1 project. That way they
can't spell the word "old," they think that there's an E on the end.
COMMISSIONER CONSTANTINE: That's the old way of spelling old.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CONSTANTINE: Old English.
CHAIRWOMAN MAC'KIE: There's a motion for approval. Is there a
second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Any discussion?
Ail in favor -- I'm sorry, did you have discussion?
COMMISSIONER BERRY: I just have -- I just want to ask a
question, and maybe this is the appropriate time. But in regard to
this plat, is this the appropriate time to ask about the roadway, or
will there be another shot at coming and discussing that? MR. MULHERE: The roadway external to the project?
COMMISSIONER BERRY: No -- well, no, it's along the western side.
It's actually the eastern side of -- along Longshore Lake, but it's
the western side of the Woodlands, or what -- the old Woodlands, now
known as Olde Cypress.
Page 48
April 13, 1999
CHAIRWOMAN MAC'KIE: Olde Cypress.
MR. MULHERE: I'm sorry, could you -- I'm sorry, Commissioner
Berry, could you just repeat the question? I was listening to Mr.
Kant.
COMMISSIONER BERRY: Okay. There's a -- it really affects
probably Mr. Kant as much as it does you, Bob, but it has to do with
the roadway that runs along the western edge of Olde Cypress that goes
on -- and I think it's a 60-foot wide roadway that goes on north. Is
this the appropriate time to talk about that, or will there be another
opportunity to talk about it later?
CHAIRWOMAN MAC'KIE: Is this the preliminary plat approval or the
final plat approval?
COMMISSIONER BERRY: It's the final plat.
MR. FERNANDEZ: Final.
MR. WEIGEL: It's final plat approval.
MR. KANT: Preliminary -- Edward Kant, transportation services
director.
My understanding is preliminary plat acceptance. There is a
final plat acceptance --
CHAIRWOMAN MAC'KIE: Mr. Weigel says it's final.
MR. FERNANDEZ: This says final.
MR. KANT: Oh, it is final? I beg your pardon.
CHAIRWOMAN MAC'KIE: This is for recording.
MR. KANT: I don't typically deal with plats, so I should stay
out of this.
But I can answer your question as far as the roadway,
Commissioner. There is a 100-foot wide section starting at Immokalee
Road and going north to approximately the top of the -- where there's
a cut-out in the -- if you look at the picture of the property, from
that point north, it is our understanding it's 60-foot all the way
north to the north property line.
MR. FERNANDEZ: Pardon me, the question is, is this the
appropriate time to address it or not?
MR. MULHERE: Commissioner Berry, I think not. For this reason:
It's 100-foot up to the clubhouse. This will only approve
construction up to that point in time. They will have to come back
for the balance of that, at which point it's still 60 feet. So there
will be another opportunity to look at that issue.
COMMISSIONER BERRY: Okay. That's all I needed to know. Thank
you.
CHAIRWOMAN MAC'KIE: Thank you.
COMMISSIONER CARTER: So we will have that opportunity to talk
about getting a road through there versus them, you know, historically
just dumping it out on an arterial.
MR. MULHERE: That's correct.
COMMISSIONER CARTER: Okay.
CHAIRWOMAN MAC'KIE: Okay. So with that understanding, we had a
motion and a second. Any other discussion?
COMMISSIONER CARTER: Just to follow on to that, how are we going
to track that? I don't want this one to get by us. I'm with
Commissioner Berry, I want to make sure that we have an opportunity to
address this issue with the developer and that we don't end up with
another problem downstream.
MR. MULHERE: Well, there will be an opportunity, because they
will have to plat the balance of that property that will come to this
board for consideration.
Page 49
April 13, 1999
COMMISSIONER CARTER: Okay.
COMMISSIONER BERRY: I think, too, I think one of the concerns is
that this is Hoing to tie into property to the north. There's some
problems -- it's like the Olde Cypress group and then you have an area
of property in the middle, and then you have the Parklands which is on
up to the northern side of it. And it's the roadway -- this roadway
that connects -- possibly could connect up there. There's some
concern about that.
CHAIRWOMAN MAC'KIE: Any ideas? We want it to connect or we
don't? I'm just not followinH.
COMMISSIONER BERRY: Well, there are some serious questions,
certainly from the existinH property owners who live to the west of
this project. And obviously the people who have the project are going
to be looking for a roadway from that northern end to connect down in
some way, shape, or form. True or not true, Miss Bishop? MS. BISHOP: True. Absolutely true.
CHAIRWOMAN MAC'KIE: Well, Ms. Bishop, you need to say that on
the record.
Are you representing the petitioner today?
COMMISSIONER BERRY: No, she is not.
MS. BISHOP: Karen Bishop, for the record. I represent Ronto
Development, which is involved with Parklands. And we, in fact, do
plan on using that 60-foot right-of-way as access to our Collier
County part of Parklands. True.
CHAIRWOMAN MAC'KIE: And that's a plat that will be coming
forward in the future?
MS. BISHOP: Yes. We currently own the easement that goes from
Immokalee Road all the way to through Olde Cypress, through Vocisanos,
to Parklands.
CHAIRWOMAN MAC'KIE: And so -- so you aren't going to need the
cooperation of this Olde Cypress property owner to accomplish that
goal if you already own the easement.
MS. BISHOP: They're already showing a 60-foot right-of-way or
easement that continues up to their -- along their western property
line. But the question of it being more than that I think is going to
be quite complicated, because they're building a golf course along
that right-of-way, and they don't really have to plat those tracts.
CHAIRWOMAN MAC'KIE: They don't have to plat to build a golf
course.
MS. BISHOP: Nope.
COMMISSIONER BERRY: Very interesting --
CHAIRWOMAN MAC'KIE: So Mr. Mulhere?
COMMISSIONER BERRY: It's a very interesting scenario. And
there's --
MR. MULHERE: There is -- there is a reservation for a 60-foot
right-of-way up to Section 16, at which that's another individual's
property, and you will --
CHAIRWOMAN MAC'KIE: It's yours.
MR. MULHERE: -- have the opportunity to look at that.
COMMISSIONER BERRY: No.
MS. BISHOP: It's Vocisano.
COMMISSIONER BERRY: Vocisano.
MR. MULHERE: Right.
COMMISSIONER BERRY: It's in the middle. That's the only reason
I asked this is because when I saw this, I thought, ooh, are we
getting into some -- but we're not. I mean, you've said that.
Page 50
April 13, 1999
MR. MULHERE: Correct.
COMMISSIONER BERRY: There's going to be another opportunity to
discuss that. So you've --
MR. MULHERE: Beyond that property line.
COMMISSIONER BERRY: -- answered my question and that's fine.
CHAIRWOMAN MAC'KIE: But it's a good heads up, and --
COMMISSIONER BERRY: You betcha.
CHAIRWOMAN MAC'KIE: -- especially for staff to be working with
that property owner -- I still haven't gotten the name, Italian,
Marciano (sic).
COMMISSIONER BERRY: Vocisano.
CHAIRWOMAN MAC'KIE: Vocisano.
-- to try to negotiate a 60-foot easement.
MR. MULHERE: Yes, we would be doing that.
COMMISSIONER BERRY: They've got more problems than that.
MR. MULHERE: When that property ever comes in for zoning on the
property and further approvals, we will be doing that.
CHAIRWOMAN MAC'KIE: Okay.
MR. MULHERE: Yes.
CHAIRWOMAN MAC'KIE: Okay. Thanks.
Frankly, I think this is exactly the kind of issue I wish we'd
talk about more, because we start understanding how the roads are
going to actually connect or how we want them to.
Motion and a second. All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 51
APR i 3 199g
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT. FOR
SUBDIVISION IMPROVEMENTS AGREEMENT entered into this ~ day of ~ ,
1999, by OLDE CYPRESS DEVELOPMENT, LTD., a Florida Limited Partnership, by OLDE
CYPRESS DEVELOPMENT CORPORATION, its General Partner, (hereinafter "Developer"),
the Board of County Commissioners of Collier County, Florida, (hereinafter the "Board") and
QUARLES & BRADY, (hereinafter "Escrow Agent").
PREMISES
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of certain plat of subdivision to be known as:
"OLDE CYPRESS~ UNIT ONE"
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by
HOLE, MONTES AND ASSOCIATES, INC., a copy of which is attached hereto an~
incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required
Improvements" are limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the
Land Development Code requires the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
D. Escrow Agent has entered into a construction and development Escrow Agreement with
Developer dated M18/99 , (the "Escrowed Funds") in the amount of
$1,204,205.70.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $1,204,205.70, and this amount represents 110%
of the Developer's engineer's estimate of the construction costs for the Required
Improvements.
NOW THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree
as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by
the Development Services Director within 36 months fxom the date of approval of
said subdivision plat.
" ~.Pt~ 1 3 1999
2. Developer hereby authorizes Escrow Agent to hold $ 1,204,205.70 from the Escrowed
Funds, in escrow, pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold in escrow $ 1,204,205.70, from the Escrowed Funds to be
disbursed only pursuant to this Agreement.
4. The escrowed funds shall be released to the Developer only upon written approval of the
Development Services Director who shall approve the release of the funds on deposit not
more that once a month to the Developer, in amounts due for work done to date based on
the percentage completion of the work multiplied by the respective work costs less ten
percent (10%); and further, that upon completion of the work, the Development Services
Director shall approve the release of any remainder of escrowed funds except to the
extent of $ 109,473.25 which shall remain in escrow as a Developer guaranty of
maintenance of the Required Improvements for a minimum period of one (1) year
pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall
fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to
pay to the County immediately upon demand the balance of the funds held in escrow by
the Escrow Agent, as of the date of the demand, provided that upon payment of such
balance to the County, the County will have executed and delivered to the Escrow Agent
in exchange for such funds a statement to be signed by the Development Services
Director to the effect that:
(a) Developer for more that sixty (60) days after written notification of such failure
has failed to comply with the requirements of this Agreement;
(b) the County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work
as the County, in its sole discretion, shall deem necessary in the public interest to
the extent of the funds then held in escrow;
(c) the escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses,
and to offset any damages, either direct or consequential, which the County may
sustain on account of the failure of the Developer to carry out and execute the
above-mentioned development work; and,
(d) the County will promptly repay to the Escrow Agent any portion of the funds
drawn down and not expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid
to the Developer shall constitute authorization by the County to the Escrow Agent for
release of the specified funds to the Developer. Payment by the Escrow Agent to the
Developer of the amounts specified in a letter of authorization by the County to the
2
Escrow Agent shall constitute a release by the County and Developer of the Escrow
Agent for the funds disbursed in accordance with the letter of authorization from the
County.
6. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development Services Director for
compliance with the Collier County Subdivision Regulations.
7. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of this
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director of the Required Improvements.
However, in no event shall the Development Services Director refuse preliminary
approval of the improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements,
the Board, after duly considering the public interest, may at its option complete the
Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision;
provided, that the Escrow Agent does not release any monies to the Developer or to any
other person except as stated in this Escrow Agreement.
10. The Developer shall maintain all Required Improvements for one year after preliminary
approval by the Development Services Director. After the one year maintenance period
by the Developer and upon submission of a written request for inspection, the
Development Services Director shall inspect the Required Improvements and, if found to
be still in compliance with the Code as reflected by final approval by the Board, the
Escrow Agent's responsibility to the Board under this Agreement is terminated. The
developer's responsibility for maintenance of the Required Improvements shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding upon
the Developer and Escrow Agent, the respective successors and assigns of the Developer
and Escrow Agent.
3
APR ~ 3 199~
IN WITNESS WHEREOF, the Board and Developer and the Escrow Agent have caused
this Agr, ement to be executed by their duly authorized representatives this /,~c, day of
~ , 1999.
DEVELOPER:
Sealed an Delivered OLDE CYPRESS DEVELOPMENT,
BY:LTD., OLDE a Florida C ~YP~SS. ~ Limited DF_fig~LOPMENT Partnership
CORPQRA~oN~s y~epggfii Partner
~//~'-LL ~l~aul Hardy, President
/
,..,/ ~-l~- ~ ~. ~-~ / ~,/ ~ ~L~.~alva~ofi, deneral Partner of
P/rint ~ }OL{~~ Quarle~&~Brady
?' " Attest:'.~:~;' Board of County Commissioners
::. Dwight E~rock, Clerk of Collier County, Florida
: ~
~,,~ .... ~~' ' BY:
Attest as~,'to Chairman's
9~lier Count~ Attorney
4
Exhibit 1
Olde Cypress Phase 1 APR
Engineers Opinion of Probable Construction Cost
Description Quantity Units Unit Cost Total
Water
8" PVC W.M. (DR14) 37 LF $17.20 $636.40
8" PVC W.M. (DR18) 674 LF $13.40 $9,031.60
10" PVC W.U. (DR14) 185 LF $20.50 $3,792.50
10" PVC W.U. (DR18) 7825 LF $18:40 ._ . $143,980.00
' - 8" G.V. ~ 1 EA $800.00 $800.00
10" G.V.' 19 EA $960.00 $18,240.00
Fire Hydrant 24 EA $2,000.00 $48,000.00
Air Release Valves 6 EA $1,600.00 $9,600.00
Tapping Sleeve & Valve 2 EA $3,200.00 $6,400.00
PVC W.S. CASING (3") 630 LF $5.00 $3,150.00
20 STL CASING 22 LF $75.00 $1,650.00
B.S.P. (TEMP) 4 EA $800.00 $3,200.00
B.S.P. (PERM) 4 EA $700.00 $2,800.00
Blow-off I EA $1,000.00 $1,000.00
Subtotal $252,280.50
Sewer (Cuts from N.G.)
8" PVC G.S. (0'-4') 1780 LF $15.50 $27,590.00
8" PVC G.S. (4'-6') 1550 LF $15.50 $24,025.00
8" PVC G.S. (6'-8') 951 LF $20.50 $19,495.50
8" PVC G.S. (8'-10') 747 LF $29.00 $21,663.00
Video Gravity Sewer 5,028 LF $1.00 $5,028.00
Video Sewer I yr post accept. 5,028 LF $1.00 $5,028.00
M.H. (0'-4') 2 EA $1,240.00 $2,480.00
M.H. (4'-6') 11 EA $1,240.00 $13 640.00
M.H. (6'-8') 6 EA $1,470.00 $8 820.00
U.H. (8'-10') 7 EA $1,820.00 $12.740.00
M.H. (10'- 12') 1 EA $2,250.00 $2 250.00
Drop Connect 2 EA $500.00 $1 000.00
Cleanout 70 EA $79.00 $5 530.00
Service 1,435 LF $11.50 $16 502.50
4" PVC F.M. 1,758 LF $8.80 $15 470.40
6" PVC F.M. 1,937 LF $10.40 $20 144.80
8" PVC F.M. 1,860 LF $12.60 $23,436.00
Air Release Valve 10 EA $1,900.00 $19,000.00
4" Plug V I EA $1,900.00 $1,900.00
Tapping Sleeve & Valve 1 EA $3,000.00 $3,000.00
Pump Sta 2 EA $48,300.00 $96,600.00
Pump Sta I F__.A $52,000.00 $52,000.00
Subtotal $397,343.20
1996\1996080\ghh\ConstnJctionCosts81217 Page 1
. .* Description Quantity Units Unit Cost Total ~p~ ~ ~ ~9~
· Paving and Grading ~
I 1/2" Asphalt - Type S-111 26,108 SY $2.45 $63,964.60
6" LR Base 26,108 SY $4.00 $104,432.00
12" Subgrade 33,354 SY $1.90 $63,372.60
Type F Curb 3,749 LF $4.15 $15,558.35
24" VaI.Gut 15,312 LF $4.50 $68,904.00
5' Sidewalk 6,610 LF $8.75 $57,837.50
._ _ Sod - 1' strip 16,305 LF $0.30 $4,891.50
Seed & Mulch 6 AC .... $1,200.00 "- $7,200.00 .......
Stop Signs 3 EA $100.00 $300.00
Speed Limit Signs 4 EA $100.00 $400.00
Street Name Signs 2 EA $100.00 $200.00
24" Stop Bar 36 LF $2.75 $99.00
Directional Arrow 2 EA $75.00 $150.00
Street Lights 27 EA $1,200.00 $32,400.00
Subtotal $419,709.55
Drainage
15"RCP 239 EA $20.00 $4,780.00
18"RCP 28 EA $24.00 $672.00
15"PVC 67 EA $18.00 $1,206.00
18"PVC 207 EA $21.60 $4,471.20
24"PVC 182 EA $25.00 $4,550.00
15"M.E.S. 1 EA $200.00 $200.00
18"M.E.S. 1 EA' $300.00 $300.00
24"M.E.S. 1 EA $420.00 $420.00
J.B. 1 EA $1,600.00 $1,600.00
Conflict Struct 4 EA $1,800.00 $7,200.00
Subtotal $25,399.20
Summary
Water $252,280.50
Sewer $397,343.20
Paving & Grading $419,709.55
Drainage $25,399.20
Total $1,094,732.45
Fee Calculation
Plat Review: $2,305.00
$425.00 + $4.00/ac x 470 Acres
Subdivision Review & Inspection:
1.7% x 25,399.20 + 419,709.55 $7,566.85
Drainage Paving & Grading
Water/Sewer Review and Inspection:
2.0% x 252,280.50 + 397,343.20 $12,992.47
Total $22,864.32
1996\1996080\ghh\ConstructionCosts81217 Page 2
April 13, 1999
Item #8A7
FINAL PLAT OF PLAZA OF GALLERIA - APPROVED
The Plaza of Galleria plat.
COMMISSIONER NORRIS: Move approval.
COMMISSIONER BERRY: I'll second.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Is there any discussion on that one? Any
registered speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Item #8A8
FINAL PLAT OF FORREST GLEN OF NAPLES - APPROVED WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS
Plat of Forest Glen of Naples.
COMMISSIONER NORRIS: Move approval.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Any registered speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE: Any discussion? If not, all in favor,
please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 52
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSi~O'N
IMPROVEMENTS
THE CONSTRUCTION AND MA!NTE~_ AN,C.E AGREEMENT FOR SUBDIVISION
IMPROVMENTS entered into this ~'- day of ~f~\ , 19.c~°~ between l~'orest Gleu
Golf Community Limited Partnership, hereinafter referred t° ns "Developer," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
RECITAI~:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by
the Board of a certain plat of a subdivision to be known as: Forest Glen of Naples.
B. Division 3.2 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction 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 covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
I. Developer will cause to be constructed the Required Improvements within 12 months
from the date of approval said subdivision plat, said infrastructure (water, sewer, drainage
and rosdway) improvements ami excavation permit No. 59-651 hereinafter referred to as
the Required Improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made n part of hereo0 in the amount of $206,557.$1 which
represents !~/o of the total contract cost of completed construction plus $1,4~,7;~7.97
which represents 100% of the estimated costs to complete the Required Improvements as
the date of this Agreement for a total of $1,6~,29~.48.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed 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
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements: or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However in no event shall the Development Services Director refuse preliminary
approval of the improvements if they are in fact constructed and submitted for approval
in accordance with the requirements of this Agreement.
APR 3 1999
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the Development Services Director. After the one year maintenance
period by the Developer has terminated, the Developer shall petition the Development Services
Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to still be 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 subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and 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 Services Director to reduce the dollar
amount of the subdivision performance security on the basis of work complete, Each request
for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together
with the project records necessary for review by the Development Services Director.
The Development Services Director may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
performance security to secure satisfactory 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 cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct 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 i~qPb day of ,t~ ! ,190f~ .
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
By: Forest Glen Golf Community
Limited Partners hip
Ron~Gol¢~k,~ its General Partner
~-~~ ~~ M~kS. Taylo~[cePresident
Witness
(Print name)
(Print nme) ~
A~EST, ~ , ~...~ BOARD OF CO~TY COMMISSIONERS
NEW YORK BRANCH
NEW YORK, N.Y. 10020'1104
TELEPHONE TEL.EX
~212~ 282-3000 AT&T 420802
FAC 81btlLE LDD8 170998
(212! 282-4250
MARCH 17, 1999
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SL0011050
ISSUER: THE INDUSTRIAL BANK OF JAPAN, LIMITED
1251 Avenue of the Americas
New York, NY 10020-1104
Place and Date of Issue: 1251 Avenue of the Americas
New York, NY 10020-1104
March 17, 1999
Date of Expiry: This credit shall be valid until March 17, 2000 and 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, provided that such extension never exceeds July 31,
2001.
Applicant: Westbrook Real Estate Fund II, L.P. (" Applicant")
Beneficiary: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary"), and Collier County Courthouse Complex, Naples, Florida 33962.
Amount: $1,635,295.48
Credit Available With: The Industrial Bank of Japan, Limited
By: Payment against documents detailed herein and beneficiary's drafts at sight drawn on the issuer.
Documents Required: Available by beneficiary's draft(s) at sight drawn on the issuer and
accomplished by beneficiary's statement purportedly signed by the county manager, certifying
that:"Westbrook Real Estate fund II, L.P. has failed to meet or complete the requirements of excavation
permit #59. For the project named ( FOREST GLEN ) or final inspection satisfactory to Collier County
has been performed prior to the date of expiry, and satisfactory altemative performance security has not
been provided to and formally accepted by the beneficiary."
Draft(s) drawn under this letter of credit must be marked: "Drawn under THE INDUSTRIAL BANK OF
JAPAN, LIMITED, NEW YORK BRANCH, Credit no. SL0011050, Dated March 17, 1999. The
original letter of credit and all amendments, if any, must be presented for proper endorsement.
The 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 documents, 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.
This credit is subject to the uniform customs and practice for documentary credits (1983 revision)
International Chamber of commerce Publication No.400.
INDUSTRIAL BANK OF JAPAN, LIMITED, NEW YORK BRANCH
Very tmlv yours,
Taku~a ~l~tijo
Senidr Y,i~e Presida/t
NEW YORK BRANCH
1251 AVENUE OF THE AMERICAS
NEW YORK, N.Y. 10020-1104
TELEPHONE
1212) 2B2'3OOO
FACSIMILE
1212t 202'42S0
TELEX
AT&T 420BO2
LDD$1TOgg8
April 14, 1999
The Board County Commissioners
Collier County, Florida
Collier County Courthouse Complex
Naples, Florida 33962
Amendment to Letter of Credit No. SL0011050
Ladies and Gentlemen:
We refer to the Letter of Credit No. SL0011050 dated March 15, 1999 issued by us in
favor of you in the aggregate amount of $1,635,295.48 ( the "Credit"). Capitalized terms
used herein without definition shall have the same meaning assigned thereto in the credit.
Please be advised that effective April 14, 1999, the credit is hereby amended as follows:
Documents Required: Available by beneficiary's draft(s) at sight drawn on the
issuer and accompanied by beneficiary's statement purportedly signed by the county
adminstrator, certifying that: "Forest Glen Golf Community Limited Partnership has
failed to construct and/or maintain the improvements associated with that certain plat of a
subdivision known as Forest Glen of Naples, 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."
This letter should be attached with the original letter of credit as constituent and integral
part thereof.
April 13, 1999
Item #8A9
AUTHORIZATION TO PAY FOR A TRANSPORTATION ANALYSIS PREPARED BY URS
GREINER WOODWARD-CLYDE RELATED TO THE COMPREHENSIVE PLAN AMENDMENTS
FOR DENSITY REDUCTION - APPROVED
Think we could move on now to -- Commissioner Constantine, we're
going to get with you for some items that you've pulled off the
consent agenda. First would be 16(A) (5).
COMMISSIONER CONSTANTINE: 16(A) (5) is a request for
authorization to pay for transportation analysis. It just struck me
odd as I read this. We paid for a report -- paid $24,500 for a report
to get to the point where we're at on density reduction and the
transportation analysis portion of that.
We've made some changes and are looking at having to redo some of
that report. It seems strange that the price tag for that would be
the same, 24,500. Those are not starting from scratch. And it says
here we're asking for an additional 24? Is that to take care of what
we've done?
MR. MULHERE: No. I'm sorry if that's not clear. This 24,000 is
to take care of the work that has already done by URS Greiner.
COMMISSIONER CONSTANTINE: Okay, move the item.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Is there a second?
Second.
Ail in favor, please say aye?
That passes unanimously.
Item #8A10
ADDITIONAL FUNDING TO PREPARE WORK PRODUCTS RELATED TO THE
COMPREHENSIVE PLAN AMENDMENTS FOR DENSITY REDUCTION - APPROVED
16 (A) (6) ?
COMMISSIONER CONSTANTINE: Question on the next one, 30, is
similar. Just to take care of the work that's been done, or are we
coming back and doing something with that?
MR. MULHERE: No, sir, that anticipates two things: One, there
is a balance of about 10,000 on work that's already been done,
bringing the total up to approximately 70,000. The additional money
that we are requesting is to cover anticipated expenses of developing
an interim transfer process, as was directed by the board, relative to
the urban density reduction and being able to reacquire that fourth
dwelling unit. Since we will not be transferring density from the
rural agricultural area, the board requests that Dr. Nicholas look at
an interim policy.
CHAIRWOMAN MAC'KIE: That's a critical component of the rural --
COMMISSIONER CONSTANTINE: I don't have any objection to that
component. I was just trying to figure out the math here. And I
don't know what he gets per hour. If he's getting 200 bucks an hour,
that's 150 hours of work that he'll put in in the next 45 days? Is
that accurate? Is that what he gets? I don't know.
MR. CAUTERO: Vince Cautero for the record.
Approximately 200 and maybe a little bit higher, but you're very
close. We added a little bit, not knowing what their final cost would
Page 53
April 13, 1999
be, based on contingencies. It will probably be less than that. And
as Bob said, approximately 10,000 of that 30,000 is for work they've
already performed. We've asked them to do more things.
The original estimate was a good one, but since this project
became very intense, we had them down for more meetings than we had
anticipated. And we're over the 60,000 now.
COMMISSIONER CONSTANTINE: Thank you. I'll move the item.
COMMISSIONER NORRIS:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Second.
Second.
All in favor, say aye.
Passes unanimously.
Item #8B1
AGREEMENT BETWEEN THE COUNTY AND U.S. HOME CORPORATION (USHC) FOR
MEDIAN LANDSCAPE IMPROVEMENTS ON CR 951 ADJACENT TO NAPLES HERITAGE
GOLF AND COUNTRY CLUB (NHGCC) - CONTINUED TO 4/27/99
The next, 16(B) (7).
COMMISSIONER CONSTANTINE: This one actually I have a little more
in-depth. Those last two were more for clarification purposes. But
this one, it references board direction, Item 7(C), which would be a
public petition item. And there's no backup as far as minutes or
anything. But I found it hard to believe. Public petition direction
from the board is usually pretty vague, let's go try to see what we
can come up with.
We're not real detailed on yes, we're going to do an agreement.
It should be for 50 percent, whatever. And I'm wondering how we got
from a public petition item to splitting this on a consent agenda
item. I'm not 100 percent comfortable with the item, but I'm also
curious about the process of how we got there.
MR. KANT: Edward Kant, transportation services director.
If that -- now that I understand what the issue is, I'd have to
go back and pull the minutes. We -- what we did was we pulled the
minutes of that meeting, read the item, and the only explanation that
I can offer at this point is that based on the reading of those
minutes from that item, we took that to mean to prepare this and come
back to you so you could act on this.
COMMISSIONER CONSTANTINE: Would it cause any hardship for
anybody involved if we just continued this for one meeting so we can
look at that?
MR. KANT: If that's your desire.
CHAIRWOMAN MAC'KIE: It certainly wouldn't for me because this is
a median landscaping project, which, for example, the people in
Pelican Bay, Commissioner Carter, were very anxious to put forth and
didn't get the opportunity to do that in this budget cycle. I
appreciate you bringing it up.
COMMISSIONER CONSTANTINE: I'll make a motion we continue until
the next meeting, and maybe we'll just get our hands on those minutes,
and I'll probably talk to you.
MR. KANT: I'll be happy to supply those, yes, sir.
CHAIRWOMAN MAC'KIE: Is there is a second?
COMMISSIONER CARTER: Second.
Page 54
CHAIRWOMAN MAC'KIE:
aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Commissioner.
April 13, 1999
All in favor for continuance, please say
Passes unanimously. Thank you,
Page 55
,APR ! 3 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
April 13, 1999
Item #8C1
PURCHASE FOR 175+ ACRES OF PROPERTY LOCATED ONE MILE SOUTH OF
IMMOKALEE ROAD BETWEEN 1-75 AND THE FUTURE LIVINGSTON ROAD FOR A
PROPOSED REGIONAL PARK APPROVED
16(C) (2) I think was the next one. Am I --
MR. OLLIFF: 16(C) (1), I believe.
CHAIRWOMAN MAC'KIE: 16(C) (1). Did you pull that one off?
COMMISSIONER NORRIS: (C) (2) .
COMMISSIONER CONSTANTINE: Do we need to do 8(C)(1) first?
MR. OLLIFF: 8(C) (1), I'm sorry.
CHAIRWOMAN MAC'KIE: Oh, thank you. Keeping me on track.
**-8(C) (1), which is the purchase of the regional park.
MR. OLLIFF: Good morning. For the record, Tom Olliff, public
services administrator.
And in this item is the actual purchase contract for the 175
acres of property that we've discussed on several occasions. It's
being targeted as your new regional and north county park.
COMMISSIONER NORRIS: Move staff's recommendation.
COMMISSIONER CONSTANTINE: Second.
COMMISSIONER BERRY: Second.
CHAIRWOMAN MAC'KIE: Is there any discussion?
Public speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Thank you for your good work.
Ail in favor of the motion, please say aye.
Page 56
FIR~.T AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
THIS FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE entered into this
/,,~, day of ~ ,1999 by and between WILLIAM SCHWEIKHARDT, AS
TRUSTEE, under Land Trust No. 5197, (hereinafter referred to a "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as
"Purchaser")
WITNESSETH
WHEREAS, the Purchaser and Seller have previously entered into an Agreement for Sale
and Purchase dated January 26, 1999; and
WHEREAS, the Seller and the Purchaser are desirous of amending said Agreement for Sale
and Purchase; and
NOW THEREFORE, in consideration of the covenants and agreements provided within the
said Agreement for Sale and Purchase dated January 26, 1999 and Ten Dollars ($10.00)
and Other Valuable Consideration, the said Agreement for Sale and Purchase is hereby
amended as follows:
1. Paragraph 3.01 of the Agreement for Sale and Purchase is hereby deleted in its
entirety and the following provision is substituted in its place:
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held after January 31, 1999, following execution of this
Agreement by the Purchaser but not later than May 28. 1999, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the Collier
County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection with the Closing shall
be as follows:
Except as expressly provided herein, the said Agreement between the Purchaser and Seller
remains in full force and effect according to the terms and conditions contained therein, and
said terms and conditions are applicable hereto except as expressly provided otherwise
herein.
IN WITNESS WHEREOF, the Seller and Purchaser have hereto executed this First
Amendment to Agreement for Sale and Purchase the day and year first above written.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals;ApR ~ ~ ~g.,o.~
AS TO PURCHASER:
ATTEST,:, ~"~
DWIGHT E, BROCK, 9!erk
lerk
Attest astot' ~' ' ~;~'~', C~a, trlan"$
st~ature
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIOI,~RS
~: ~,~-~,,~,~,~,~.i~.
PAMELA S. MAC'KIE, CHAIRWOMAN
AS TO SELLER: ,
OA~EO: .~/~? ~
FIRS~WITNESS (Signature)
(Print~ Name) ...
SE(~ONO WITNE'~S ~-Sigr~ture)
(Print Name)
April 13, 1999
Item #8C2
FOLLOW-UP REPORT REGARDING AN EFFORT TO ESTABLISH A MUNICIPAL SERIVCE
TAXING UNIT (MSTU) FOR THE CONSTRUCTION AND MAINTNENACE OF A
NEIGHBORHOOD PARK ON TRACT 179 LOCATED IN GOLDEN GATE - STAFF
RECOMMENDATION APPROVED
Now we will do the former 16(C)(2).
COMMISSIONER CONSTANTINE: Actually, we have 8(C) (2).
COMMISSIONER MAC'KIE: Dad gum it.
COMMISSIONER CONSTANTINE: Is there --
CHAIRWOMAN MAC'KIE: Oh, this is the Golden Gate Park.
COMMISSIONER CONSTANTINE: Is there any backup for this item?
CHAIRWOMAN MAC'KIE: Nothing in mine.
COMMISSIONER CONSTANTINE: We have the executive summary but no
backup.
MR. DUNNUCK: For the record, John Dunnuck, operations
coordinator for the parks and rec. department.
This is a follow-up report to the neighborhood park survey we
conducted for the Golden Gate area, Tract 179. Board had given us
direction to check on to see what kind of support there was to build
an MSTU for the neighborhood park.
In early March, we sent out the survey and received back results
at the end of March. 46 percent of the people were in the favor of
the -- creating the MSTU, while 54 percent were against.
At this time, the staff has three possible options for the Board
of County Commissioners. The first is to accept the survey results
and direct staff to declare the property as surplus and go ahead and
sell it.
Second is to direct staff to go ahead and proceed with an MSTU
and create it, regardless of the survey results.
A~d the third is to go ahead and direct the staff to revise the
established policy for the neighborhood park policy and allow funding
for the construction of the parks upon the completion of the impact
fee study that we have coming up in the next couple of weeks.
CHAIRWOMAN MAC'KIE: I have a question about that. I remember in
our budget discussion, we were all just -- I was sickened to think
that we were going to give up on neighborhood parks and have to go to
community parks. But you guys convinced us that -- I'm sorry, I talk
too fast. But you guys convinced us that we had to do that for fiscal
responsibility reasons, that neighborhood parks were too expensive to
operate and we just couldn't afford to do that. I like neighborhood
parks.
Are we going to hear that they're a good idea in this budget
cycle, Tom?
MR. OLLIFF: That's the recommendation in front of you. I think
consistently we've heard from you, as commissioners, and from the
public that neighborhood parks are something that this community wants
to have, and they want to have them in a way that the county
government participates in their creation and their maintenance. And
what we need to do is bring you some sort of a policy that allows for
neighborhood parks but does it in some systematic controlled way so
that you're not overrun every year with just an unfundable number of
neighborhood parks.
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April 13, 1999
But I think there's some balance in there between simply not
doing them at all through the county park capital and doing them in
some reasonable fashion.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Mr. Olliff, you and I talked about
this some this past week and you indicated a couple of things: One,
that there were projects in virtually every district that would fit
here, but also that if we condense the impact fees into overall park
impact fees, then this is one of those areas where growth really can
pay for itself, can pay for new things for the communities.
And I think that's probably the key component is yes, there will
be a maintenance upkeep associated with all of these, but if there's a
way, a manner in which the growth can pay for some of the new needs,
some of the demands, we ought to take advantage of that.
MR. OLLIFF: And I think the board understands and is aware that
the maintenance on neighborhood parks is slightly higher than it will
be in other parks. But that seems to be a public service that the
county community wants. So I think to date we've heard a lot of
support from you and the community. So that's where we're --
COMMISSIONER CONSTANTINE: I move staff recommendation.
CHAIRWOMAN MAC'KIE: Motion. Is there a second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Further discussion?
COMMISSIONER NORRIS: I'm not going to support it. I don't --
I'm still not convinced that we need to go back to neighborhood parks.
I was convinced by the prior argument that it's not economically sound
park expenditures to do it that way, so I'm going to oppose it.
COMMISSIONER CARTER: Well, I'm going to have one just like this
coming up in my district, and I've been through I don't know how many
community meetings. They all want it and they don't want to go
through an MSTU to fund it. They believe that impact fees or some
participation should pay for it. And I think we need to protect the
green space.
So I go with staff's recommendation, and I -- you know, it would
be nice if we could get the participation on the part of the public in
some of those areas, but it looks like it's not going to happen and I
don't want to lose green space.
COMMISSIONER NORRIS: Well, that's a good point. And another
good point is that as of right this minute when we're going to call
this question, our official policy is to not do that. Standard
proposal is to come back and revisit that policy at some future date,
but we haven't done that yet.
COMMISSIONER CONSTANTINE: Right. And that's all the motion is,
is to reexamine the neighborhood park policy and submit necessary
amendments to allow impact fees for that use.
MR. OLLIFF: That doesn't even --
COMMISSIONER CONSTANTINE: The motion was staff recommendation,
which I just read to you word for word. COMMISSIONER NORRIS: All right.
CHAIRWOMAN MAC'KIE: Okay. Any further discussion?
COMMISSIONER BERRY: Okay. So all we're doing is just going to
review the current policy?
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER BERRY: Okay.
CHAIRWOMAN MAC'KIE: With an eye toward trying to accommodate
neighborhood parks.
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April 13, 1999
COMMISSIONER BERRY: Right. Because there will be a steady
stream lined up at the front door, I'll guarantee you. I mean, I've
certainly heard this many, many times. And I agree, it does serve a
couple of purposes, keeping children within the neighborhood first and
foremost. And secondly, it certainly does have a preservation of open
space component in it that you can't ignore that part of it.
But first and foremost is, you know, the children aspect of it, I
think. But on the other hand, there's going to be a cost associated
with it.
COMMISSIONER CONSTANTINE: Your point is probably the most
important one, and that was -- and I appreciate the consistency of
Commissioner Norris, you didn't agree with the neighborhood before and
you don't know now. But the argument I had made in favor in keeping
the neighborhood parks before was exactly what you're describing. Our
regional parks are great and our community parks are great, but if you
happen to be a seven-year-old on your bicycle, they don't do you much
good. And so if we can provide that and keep the kids in the
neighborhoods, I think Commissioner Berry, you're absolutely right.
CHAIRWOMAN MAC'KIE: There's a motion and a second on the floor.
Ail in favor, please say aye. Opposed?
COMMISSIONER NORRIS: Aye.
CHAIRWOMAN MAC'KIE: Passes four to one.
Item #8C3
AGREEMENTS WITH PERFORMERS FOR JAZZ FESTIVAL - CONTINUED TO 4/27/99
We finally get to 16(C) (2), which I guess you have opinions about
the performers at the Jazz Festival.
COMMISSIONER CONSTANTINE: That's right. I was hoping for Greg
Allman. They said no, no.
There's no backup here, and it's asking us to approve agreements
and there aren't any agreements here to approve.
I spoke with Mr. Olliff on the break, and he suggested perhaps we
could continue this 'til the next meeting, and at that time we could
actually have the agreements on which we're being asked to vote.
CHAIRWOMAN MAC'KIE: I would love that, since I'm going to sign
them on your behalf.
COMMISSIONER CARTER: I have a question on that. Why doesn't
this go through the TDC process? Or is this -- and I'm not against
the project, I just -- I'm glad you pulled the thing, because I had a
question on that myself.
CHAIRWOMAN MAC'KIE: Just plain old tax dollars pays for this
one; am I right, Tom?
MR. OLLIFF: That, and revenue in return. I mean, we do charge
the gate, and so we anticipate getting some $15,000 back out of this
money. So some of these events we do fund just through your parks
budget as community-wide type events. But we do a number also, and we
have three applications in, I believe, for this upcoming April TDC
meeting. Three parks.
COMMISSIONER CARTER: Okay.
CHAIRWOMAN MAC'KIE: Did you want to continue this, Commissioner
Constantine?
COMMISSIONER CONSTANTINE: I'll make a motion we continue this
until next meeting.
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April 13, 1999
COMMISSIONER CARTER: Second that.
CHAIRWOMAN MAC'KIE: And no problem from you, Tom, if we do that?
MR. OLLIFF: No.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Item #8C4
COUNTY ATTORNEY'S OFFICE TO DRAFT AN ORDINANCE AMENDMENT TO INCREASE
THE TOURIST TAX ALLOCATION FOR THE COLLIER COUNTY MUSEUM - APPROVED
16(H) (1)? Is that --
COMMISSIONER CONSTANTINE: 16(C) (3) .
CHAIRWOMAI~ MAC'KIE: 16(C) (4) -- (C) (3) .
COMMISSIONER CONSTANTINE: There just seemed -- we haven't made
any final decisions on a lot of this stuff yet, and it just seemed our
County Attorney's Office is burdened by no shortage of work, that's
for sure, and it seemed like they probably shouldn't be doing
amendments on something which the board as a whole hasn't really
considered and made a decision on yet.
CHAIRWOMAN MAC'KIE: This is basically to have a funding source
for Roberts Ranch if the family accepts our $500,000 offer on the
table?
MR. OLLIFF: It's for a number of different things. When we
moved the museum to the tourist tax originally, we had anticipated
being able to grow as the tourist tax grows and be able to do some
things at the central museum.
At that time we didn't have the Everglades Museum as part of the
inventory, and at that time we didn't have the Roberts Ranch museum as
part of the inventory. And what's happened is in order to support the
Everglades Museum, it has taken a great deal of the funding that we
had thought was going to be available here.
In terms of timing, this is a chicken and egg deal for us. Last
year, when we had an amendment similar to this, we went to the TDC and
the TDC looked at us and said who gave you direction to come here? So
we thought this year we'll come here first and conceptually get the
approval to go back to the TDC and then actually give the attorney's
office the direction to do an ordinance amendment, because they're not
comfortable doing an amendment until they get direction from you
either.
COMMISSIONER CONSTANTINE: I need a little clarification from
staff, too, because the chair said something about the $500,000 offer
we have on the table. The last I recall, we had an agreement for the
expanded property for a particular amount. That fell through, and it
hasn't come back to us. I'm surprised if we're told we have any offer
on the table.
CHAIRWOMAN MAC'KIE: I'm sorry. That would be my wish that we
have a $500,000 offer on the table, not the fact that the board has
voted on.
If there's such a thing, you'll bring it to us; am I right, Tom?
MR. OLLIFF: We will.
COMMISSIONER CONSTANTINE: This is just -~ and I don't know what
the -- it's whatever the majority of the board, obviously -- but it
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April 13, 1999
seems premature to me to be doing this before we've had those
discussions.
CHAIRWOMAN MAC'KIE: Sounds like chicken and egg, though, so they
can get it going through the process, if we could go ahead and --
MR. OLLIFF: The result of this action today would be that an
ordinance memo would be done, then we will present it back to the
Tourist Development Council for their review and recommendation to
you, and then you then would be the final authority on whether or not
this ordinance memo would ever actually be adopted.
CHAIRWOMAN MAC'KIE: Bureaucracy extraordinaire.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CARTER: Are you comfortable with that?
COMMISSIONER BERRY: I'll second it. I think we need to get it
moving; otherwise, we're going to be sit here and debate it for years
to come.
CHAIRWOMAN MAC'KIE: There's a motion and a second on the floor
to approve this item. Is there further discussion?
If not, all in favor, say aye.
Opposed?
COMMISSIONER CONSTANTINE: Aye.
CHAIRWOMAN MAC'KIE: Passes four to one.
MR. OLLIFF: Thank you.
CHAIRWOMAN MAC'KIE: 16(H) l, which is --
COMMISSIONER CONSTANTINE: That will come later. That will be
under 11, I think.
CHAIRWOMAN MAC'KIE: Good Lord. Okay. You're right.
Item #8D1
STAFF'S ANALYSIS OF SHORT-TERM GENERAL OFFICE SPACE NEEDS - STAFF
RECOMMENDATION APPROVED
Then we will go to 8(B) (1), recommendation to accept staff's
analysis of short-term general office space needs.
COMMISSIONER CONSTANTINE: Is there any backup on this item?
MR. CAMP: No, there's not.
COMMISSIONER CONSTANTINE: I mean, we all laugh, but --
MR. CAMP: We have lots of spreadsheets, though, that I can
provide for you.
COMMISSIONER NORRIS: Who are you?
MR. CAMP: For the record, Skip Camp, your facilities management
director.
At your last meeting, staff was instructed to complete an
analysis of the county's short-term leases with the cost of
constructing a building to house these operations. The analysis
showed a requirement of 28,000 square feet of general office space.
It did not include those leases that need to be located in specific
areas of the county like EMS and sheriff's substations, or
neighborhood government satellite facilities. The cost of these
leases is $355,000. The cost of a new building is estimated at 3.8
million.
Based on this information, and in concert with the board's master
plan, staff recommends the following: Lease limited space for the
next three years; secure the parcel of land adjacent to the
development services building for their expansion; consider securing a
parcel of land somewhere in the general vicinity of development
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April 13, 1999
services building for a public works facility; and finally, terminate
RFP 99-29-19, return to public works building.
If you have any questions, I'll be happy to answer them.
COMMISSIONER CARTER: I've got a couple of questions.
CHAIRWOMAN MAC'KIE: Commissioner Carter?
COMMISSIONER CARTER: First of all, your 3 million 8 figure, does
that include land costs?
MR. CAMP: No -- yes, it does. I'm sorry.
COMMISSIONER CARTER: Okay. So I guess what you're telling us,
if I -- my math is right, if we're working on leased space versus
building, you've got about 12 years before you hit that line where it
pays the lease, which pays the bills.
MR. CAMP: Well, actually, the analysis showed that in about
three or four years that's actually going to happen. Actually three
years. When your space requirements for the other departments will
come up to that.
COMMISSIONER CARTER: When you talk about acquiring this acreage
next to the DSB building, how many square feet of building space could
we expect to put onto that property?
MR. CAMP: We could actually build somewhere between 20 and
30,000 square feet. It will depend on the parking requirements and
how we can facilitate that.
COMMISSIONER CARTER: Well, the second part of my question is,
we're using it for overflow parking. What are we going to do about
parking?
MR. CAMP: Well, we're only using a portion of that, actually. We
would get the entire parcel.
COMMISSIONER CARTER: Okay, third question is, can you park
underneath and walk up? Is there a height restriction in there or
what?
MR. CAMP: The Colliers would prefer that we do not build a
parking deck or have that kind of a facility on their development.
CHAIRWOMAN MAC'KIE: Even if we buy it?
MR. CAMP: Absolutely. We checked with that.
COMMISSIONER CARTER: They prefer? Does that mean that they
won't or that they just would like us not to do that?
CHAIRWOMAN MAC'KIE: They won't sell it to us if we're gonna?
MR. CAMP: That was -- their term is they prefer that that not
happen. And so because we would be entering into the negotiations
with them, we would kind of reserve that maybe as a stipulation of
sale.
COMMISSIONER CONSTANTINE: It says here the cost of the property
is $378,000 on property adjacent to the development services. MR. CAMP: Yes, sir.
COMMISSIONER CONSTANTINE: That's the asking price, I assume?
MR. CAMP: Yes, sir.
COMMISSIONER CONSTANTINE: I just wonder if -- I don't have any
objection to picking that up, if we need it. Just seems like not that
often people pay asking price for real estate. If we have some
recommendation from our real property staff --
MR. CAMP: I'm sorry, I gave you some erroneous information --
CHAIRWOMAN MAC'KIE: As they jog to the microphone.
MS. TAYLOR: Hi. Sandy Taylor, of real property management
department.
That is what they're willing to sell it for. The asking price is
much higher. It's at 5.75 to $6 a square foot.
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April 13, 1999
CHAIRWOMAN MAC'KIE: This is a negotiated price.
MS. TAYLOR: This is as low as they'll go.
COMMISSIONER CONSTANTINE: Thank you.
MR. CAMP: Any other questions?
COMMISSIONER CONSTANTINE: Move staff recommendation.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: Any further discussion? We have a motion
and second.
Ail in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
MR. CAMP: Thank you.
Item #8E1
PRESENTATION OF POST-ACCIDENT DRUG TESTING PROGRAM INITIATIVE
CHAIRWOMAN MAC'KIE: A brief, I hope, presentation on the
post-accident drug testing program initiative.
MR. FERNANDEZ: Yes, Madam Chairwoman. The primary purpose of
the proposed post-accident drug testing program is to prevent the use
of controlled substances by employees and to reinforce the message to
current employees to perform drug free.
We currently test all newly hired employees to perform reasonable
suspicion testing and random testing for those safety sensitive
personnel that hold a commercial driver's license. This new program
would require that employees who are injured on the job and require
medical treatment to submit to a five-panel drug test.
Florida Workers' Compensation Law allows employers to reduce
certain benefits up to 25 percent to injured worker, s primarily in the
form of wage benefits if it can be shown that they were using
controlled substances at the time of the injury.
The implementation of this is that the employees would be given
30 days notice of its implementation, supervisory personnel would be
trained in the essentials of the program, it would require -- chain of
custody procedures is in place to assure accurate testing. Also, that
there be a network of approved physicians and testing facilities put
in place, and that appropriate appeal procedures are carried forth.
The cost of the program is minimal. It's between 5,000 and
$7,500. We anticipate that the potential savings could be
substantial, when you consider the overall cost of Workers'
Compensation.
We would ask that we be allowed to proceed forward with this
program in coordination with the County Attorney's Office in
consideration for all the special procedural steps that we need to
take in order to put this into place.
CHAIRWOMAN MAC'KIE: Net description is the change is if you have
an accident for which you file a Workers' Comp claim on the job,
you're going to have to submit to drug testing to be sure that you
weren't under the influence of some --
MR. FERNANDEZ: Correct.
CHAIRWOMAN MAC'KIE: -- substance.
MR. FERNANDEZ: It's the injury that prompts the testing.
CHAIRWOMAN M_AC'KIE: Do you have discussion on that?
COMMISSIONER CARTER: No.
Page 63
April 13, 1999
CHAIRWOMAN MAC'KIE: Do you need our approval, or is this
informational?
MR. FERNANDEZ: Informational. I'm proceeding forward with this,
unless the board has an objection.
CHAIRWOMAN MAC'KIE: Any objection? Okay.
Item #8E2
DISCUSSION REGARDING THE REVISED AGENDA FORMAT TO BEGIN WITH THE APRIL
27, 1999 BCC MEETING - PRESENT AGENDA TO REMAIN THE SAME AND
ADDITIONAL BACKUP TO BE INCLUDED IN THE AGENDA PACKET
Then we can talk about some changes to the agenda format. I'll
get right to you, Commissioner Constantine. You know that I have been
trying to get a more user friendly, more public friendly agenda
format. And this is what I would say is a first shot at a change to
try to accommodate the public. So we'll just open it up for
discussion.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: Just a little bit of frustration, I
guess. I'm wondering why this is listed under county administrator.
I haven't had one word with you about this prior to today's meeting.
It seems like a better approach might have been -- I assume you meet
with each of the commissioners the way you do with me, and sit down
and say gosh, I'm thinking about changing this, do you have any input,
do you have any suggestions? And that would be the most efficient way
instead of the first time of me even hearing of it is when I open up
my agenda packet. Maybe the rest of you all met with him on it and --
CHAIRWOMAN MAC'KIE: I did.
COMMISSIONER CONSTANTINE: -- did that, but --
MR. FERNANDEZ: I believe I had talked to all the commissioners
about that. If I missed you for some reason, I apologize. But it was
my intention to discuss it with each of the commissioners before
today's discussion.
COMMISSIONER CONSTANTINE: Yeah, I didn't hear a word about it.
CHAIRWOMAN MAC'KIE: Did you hear about it, John?
COMMISSIONER NORRIS: Well, I knew it was coming, but I wasn't
involved in any of the details. But I do have some comments on it.
CHAIRWOMAN MAC'KIE: Well, good.
COMMISSIONER CONSTANTINE: And yeah, also, if this -- I guess the
form in which we conduct our meetings is something that each one of us
has to be comfortable with and be a part of putting that in place. It
just seems odd to me that we have wouldn't have input in making that
suggestion some time prior to it getting this far into the process.
CHAIRWOMAN MAC'KIE: Would it be more efficient to put this off
then and allow some more specific input from board members? Because
.this is basically I asked for something, this is what I got from Mr.
Fernandez, it's not exactly my plan either, but it would be something
that we could talk about, or --
COMMISSIONER BERRY: I was going to say, this shouldn't be a
shock to anybody, because I believe it was brought up at public
meeting about changing the format on the agenda.
CHAIRWOMAN MAC'KIE: Well, I've been talking about --
COMMISSIONER CONSTANTINE: It was. I'm just saying that --
COMMISSIONER BERRY: It absolutely was.
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April 13, 1999
COMMISSIONER CONSTANTINE: -- if we're going to put something on
the agenda as a proposed change, and the way it reads here is that
this is how it's going to be as of the 27th, it's a little bit a shock
to me that I didn't have any input into that. I'm not suggesting a
discussion about change is a shock, I'm saying we ought to have some
discussion outside of this forum saying, boy, here's some ideas I
have, Bob tries to put all those together and come up with something.
I don't mind discussing what he's proposed here today. I don't
happen to care for it, but it just -- it doesn't seem like an
efficient way to go about it is to have this the first step in the
process.
CHAIRWOMAN MAC'KIE: Why don't we see how broad the comments are?
COMMISSIONER CARTER: I was going to say, I think what
Commissioner Constantine is saying is he would have preferred to had a
copy of this sent by the county administrator, prior to it going to
the agenda to review it and make a meeting with him before it ended up
on the schedule. But since it's here and you would like to proceed,
let's take a look at it.
CHAIRWOMAN MAC'KIE: Commissioner Norris had some comments.
COMMISSIONER NORRIS: Yeah. I looked this over and really, you
know, the idea I think from your perspective was to try to accommodate
the general public when they come to these meetings and get them out
early. But I don't think you've accomplished a thing with this,
because you've reversed the public hearing and the county manager's
portions of the agenda is essentially what this has done. But really,
isn't that accommodating the developers and so forth at the expense of
the general public?
COMMISSIONER CONSTANTINE: That's the exact note I had written
down.
COMMISSIONER NORRIS: But now, you know, again, at certain times
-- not every meeting, look at this one -- at certain times there will
be more people here for an item under public hearings than there will
be on a general morning, what we have classified as a morning item.
But that's not always the case, because look here, the room's
empty --
CHAIRWOMAN MAC'KIE: That's right.
COMMISSIONER NORRIS: -- where it was full before. So I don't
know that you're going to be able to accomplish what you want to do.
Maybe -- you know, my suggestion would be don't mess with the
agenda, just leave it alone. But if there is -- as we have done in
the past, if there's a certain item that there are a number of people
from the public here that are interested in speaking, let's move that
one ahead in the agenda, because, you know, you're going to end up
with the same thing if you do it this way, or any other way, really,
because you never know what people are going to come in on. And
changing the agenda around is not really going to accomplish that in
every situation.
CHAIRWOMAN MAC'KIE: Commissioner Constantine?
COMMISSIONER CONSTANTINE: Yeah, I had written almost word for
word down. I just said land use items are typically attended by
attorneys, engineers and other professionals. And yes, you're right,
there are those times where it impacts somebody. But by and large,
when we have our what we call our afternoon agenda, it's the Bruce
Andersons of the world -- God bless him, but -- that are being paid to
be here who are here.
Page 65
April 13, 1999
The morning items, and I just looked at today's agenda, you know,
we've got public petitions, which are clearly members of the public.
We had the tourist tax issues, which actually got continued, but
again, we had a number of members of the public. Density and
cjustering has been a big issue with the public. Those are all
morning agenda items. And the park property issues.
And the one thing I want to be careful of is not week by week try
to pick and choose, okay, we're going to do it in this order. But if
we have 150 people sitting in the room, that ought to be a clue to us
that that's a big item. But if there are eight for one item and 10
for another, I think we can do more harm than good by trying to adjust
it every Tuesday morning.
COMMISSIONER BERRY: Right.
CHAIRWOMAN MAC'KIE: Two comments, and then I certainly -- Mr.
Fernandez ought to give us his rationale for the proposal. One is on
the question about facilitating developers, I just note that now that
we have the summary agenda, the items -- the only items that are under
discussion in public hearing are going to be those that are -- have
public showing up, most likely. I mean, that's -- otherwise, they'd
be on the summary agenda.
My goal here is to have a more efficient agenda. I think that
I'd like to hear from Mr. Fernandez about the ideas here. But also,
maybe we should just go back and see how do other governments do it.
My only benchmark was the City of Naples, and I know that their agenda
operates more efficiently than ours. I know it's more simple than
ours, but it also operates more efficiently than ours. And that's
where I'd asked you to go and look about, you know, potential -- to
talk to Dr. Woodruff, and I'm sure you have, about some potential
changes that might be improvements there. Other comments from board members?
COMMISSIONER BERRY: Yeah, I'm just not convinced it's broke.
COMMISSIONER CONSTANTINE: Thank you.
COMMISSIONER BERRY: You know, I really am not. And there's
nothing wrong, certainly, in looking to improve and be more efficient.
I'm not opposed to that. But I don't think our agenda was broken to
begin with. And as far as I'm concerned, I don't know, I have no
reason to deny what's proposed here. I have no reason to ask for
this. I'm perfectly happy with the agenda the way it is. So I don't
really care what you do one way or the other. If the rest of you want
to change it, change it. As far as I'm concerned, I'm happy with it
the way it is.
COMMISSIONER CONSTANTINE: The unfortunate reality is in a
community of 200,000 plus and a 400 million dollar a year budget,
there's going to be days where it takes eight hours to get through our
agenda.
COMMISSIONER BERRY: It's just a fact of life.
COMMISSIONER NORRIS: The other thing is, though, that Mr.
Fernandez did improve our agenda by going to a summary agenda process.
CHAIRWOMAN MAC'KIE: That's a huge improvement.
COMMISSIONER NORRIS: So that is an improvement in and of itself.
Changing the order of -- as Commissioner Constantine was alluding
to, changing the order of when we hear items doesn't make them any
longer or shorter.
COMMISSIONER BERRY: No.
CHAIRWOMAN MAC'KIE: No, but it does -- and again, I'm not going
to fight to the death for this, as this is not my dream agenda anyway.
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April 13, 1999
But I do want to take note of the fact that if we had public petitions
earlier, then because of the summary agenda, those are ones that will
be subject to debate and they would be heard quickly.
COMMISSIONER NORRIS: So then in a case like today, if there had
been a long discussion on a land use item, then all your tourist
development people and the Naples -- COMMISSIONER BERRY: GNCA.
COMMISSIONER NORRIS: -- Greater Naples Civic people and all
those people would still be sitting there waiting at the end of the
day. So you really -- that's my point, you really don't accomplish
what you're trying to accomplish, because every week it's going to be
different.
CHAIRWOMAN MAC'KIE: Well, why don't we --
COMMISSIONER CONSTANTINE: There are also other criteria of how
things get to the summary agenda. I mean -- CHAIRWOMAN MAC'KIE: Oh, sure.
COMMISSIONER CONSTANTINE: -- they have to be unanimous from the
Planning Commission and so on. So I mean, you could have one Planning
Commission who just disagrees -- a member who disagrees, but still not
have the public --
CHAIRWOMAN MAC'KIE: That's true.
COMMISSIONER CONSTANTINE: -- turnout.
CHAIRWOMAN MAC'KIE: Well, it sounds like there's consensus, Mr.
Fernandez, unless you have some overwhelming -- and I know you were
just trying to respond to my wishes on this, that maybe let's go back
to the drawing board and see if we can't do something that's more
efficient or that solves more problems that the board sounds like they
want to stick with the agenda the way it currently is.
COMMISSIONER CONSTANTINE: Can we also slow down the trend of not
having any backup, which I had written on probably a dozen of today's
items. There is just -- I'd rather have too much information than not
enough. It's just not very efficient if I can't tell what it is I'm
being asked to do.
Item #8E3
REPORT REGARDING QUARTERLY MEETINGS BETWEEN THE COUNTY, CITIES AND
SCHOOL BOARD TO DISCUSS SUBJECTS OF MUTUAL CONCERN - PRESENTED
CHAIRWOMAN MAC'KIE: Okay. Now, this next one, report of
quarterly meetings, you can see, I hope, in your agenda that we got a
request -- I hope you can see.
COMMISSIONER CONSTANTINE: Great idea.
CHAIRWOMAN MAC'KIE: -- that we got a request.
From whom did this request emanate, Mr. Fernandez?
MR. FERNANDEZ: Madam Chair, we received a request in January
from Dan White --
CHAIRWOMAN MAC'KIE: There you go.
MR. FERNANDEZ: -- to hold -- to really reinstitute meetings that
had been held some time ago, joint meetings with the school board and
the county.
We looked in the record and essentially there's no written record
of those meetings. They were evidently informal sessions. This is an
attempt to fashion something that resembles that and at the same time
broaden it to include the cities -- the new City of Marco Island as
Page 67
April 13, 1999
well as the City of Everglades, to make it more of an
intergovernmental forum that would be held quarterly.
COMMISSIONER CONSTANTINE: Madam Chair, this is something we did
in 1994, and I know at least a year or two after. Just to have that
open line of communication and regular conversation, and a lot of
times we can avert trouble by having that communication back and
forth, so I think it's a great idea and I appreciate your willingness
to go --
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Uh-huh.
MR. FERNANDEZ: A distinction I think that's important for the
board to note is that this -- these letters assume that the
representatives will be the chairperson or the Mayor, as the case may
be, of the entity, and the superintendent or city manager or whatever,
rather than the entire body, is what I'm getting at.
CHAIRWOMAN MAC'KIE: Of course.
COMMISSIONER BERRY: Absolutely.
MR. FERNANDEZ: I think it would become unwieldy if we attempt to
get all the bodies together in one forum.
CHAIRWOMAN MAC'KIE: And the other just information is I continue
to be pushing for, and Mr. Fernandez, I know it's going to get on the
agenda, an item where we have a meeting with the constitutional
officers and the chair of the board and have that line of
communication also open between us and the constitutional officers.
But this is just a direction item. It sounds like the board likes
this direction.
Let me just ask you, while we're talking about direction, we
don't have much left. How about if we just fire through this agenda,
then take a lunch break and come back for the sales tax discussion?
Anybody too hungry to be able to stand that or fingers too tired? Is
that all right?
COMMISSIONER BERRY: That's fine. Let's go for it.
CHAIRWOMAN MAC'KIE: Let's do that.
Item #10A
RESOLUTION 99-204 APPOINTING W. TERRY COLE, MILTON KEENE CORNELL,
MARCO ESPINAR, BLAIR FOLEY, WILLIAM HILL, DR. DANIEL JACKSON, JERRY
NEAL, MONTY ROBINSON, AND THOMAS SANSBURY TO THE ENVIRONMENTAL
ADVISORY COUNCIL - ADOPTED
Okay. Environmental Advisory Council.
COMMISSIONER CONSTANTINE: I'd like to suggest Marco Espinar and
Blair Foley.
CHAIRWOMAN MAC'KIE: There's two. And I feel strongly about
Michael Simonik and Tom Sansbury.
COMMISSIONER NORRIS: Could I comment on that?
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER NORRIS: I'd like to comment on Mr. Simonik. I made
this point years ago on EPTAB.
We had -- when I first came on the board, there was a member from
the U.S. Fish and Wildlife and there was a member from Florida Game
and Fish, and those people can't be objective. I mean, there's no
way. They've got to carry the company line.
And the same thing applies to Mr. Simonik, who's the executive
director, I guess, or whatever, whatever he is of the Conservancy. He
Page 68
April 13, 1999
can't come in with an objective point of view. He can only carry the
company water.
But the point is, we're going to get the Conservancy's input on
this committee in any case. So to me, it's just a waste of a slot if
you put someone like that on there.
CHAIRWOMAN MAC'KIE: Do you think that Blair Foley might have to
carry the water of his company, Costal Engineering, and their clients,
and that maybe even Tom Sansbury may have to carry the water of his
company and --
COMMISSIONER CONSTANTINE: I guess the way I'd perceive --
COMMISSIONER NORRIS: No, I don't.
CHAIRWOM3~N MAC'KIE: I do.
COMMISSIONER CONSTANTINE: I guess the way I'd perceive that is
the Conservancy takes a public petition. It would be -- public
position. It would be very hard then for Mr. Simonik to take a
position contrary to that.
CHAIRWOMAN MAC'KIE: So the fact, though, that Coastal
Engineering, for example, with Blair Foley doesn't publish their
opinion but certainly has a position on an issue, you know, works in
their favor. I can't imagine us having this committee without having
the Conservancy represented, frankly.
COMMISSIONER CARTER: I have no problem with the Conservancy
being on there. It's one vote out of the whole group and it's a point
of view. And I think it's a point of view that needs to be heard,
whether or not it's official or whether it's personal.
My feeling is that I had Espinar, Foley, Hill, Robinson, and
Simonik as a start for five of the slots.
CHAIRWOMAN MAC'KIE: And Mr. Sansbury I would -- I suggest
because he has some real specific experience on a state-wide -- a
state-appointed board that was similar to this. I have some
hesitation because he works for Grey Oaks. But frankly, his
experience in the area will serve the committee well, I think.
COMMISSIONER CARTER: Well, I like his resume and I like his
background.
CHAIRWOMAN MAC'KIE: It's a very good one.
Are there other suggestions? We have nine members. That's two,
three, four, five.
COMMISSIONER CONSTANTINE: That's six.
COMMISSIONER CARTER: Six.
CHAIRWOMAN MAC'KIE: I'm sorry, what did I miss?
COMMISSIONER CARTER: I have Espinar, Foley, Hill, Robinson,
Simonik, and Sansbury. That's six.
CHAIRWOMAN MAC'KIE: Sorry, I missed Robinson.
COMMISSIONER NORRIS: How about Jerry Neal?
CHAIRWOMAN MAC'KIE: Jerry Neal would be good.
COMMISSIONER CARTER: Seven.
CHAIRWOMAN MAC'KIE: Dr. Jackson, I'd hate to miss that
expertise, with his willingness to serve. His resume was --
COMMISSIONER BERRY: Could you enlighten me as to what limnology
is, please?
CHAIRWOMAN MAC'KIE: No, ma'am, couldn't.
COMMISSIONER NORRIS: The study of limbs.
CHAIRWOMAN MAC'KIE: Anybody know what limnology is?
COMMISSIONER BERRY: I hate to plead stupid, but I certainly
don't know what that particular speciality is. I'd like to know what
it is before I appoint somebody who has it.
Page 69
April 13, 1999
CHAIRWOMAN MAC'KIE: Well, but there's a whole lot more on his
resume than just that.
COMMISSIONER BERRY: Well, that's what he's got his doctorate in,
and I'd like to know what it is.
COMMISSIONER CARTER: Sort of like having your doctorate in water
fleas, I think, but I'm not sure.
COMMISSIONER BERRY: Well, I mean, I don't know how serious a
condition this is, you know.
CHAIRWOMAN MAC'KIE: Vince, anybody from your shop find out for
us?
MR. CAUTERO: Sure.
CHAIRWOMAN MAC'KIE: Do you know?
MR. CAUTERO: I believe -- Vince Cautero.
I believe it's lakes and water quality, but I'll --
COMMISSIONER BERRY: Is that right?
MR. CAUTERO: Yeah.
COMMISSIONER BERRY: That's interesting. Okay. I'm just --
frankly, I'd never heard this before.
COMMISSIONER CONSTANTINE: That could be a great Jeopardy
question.
COMMISSIONER BERRY: Huh?
COMMISSIONER CONSTANTINE: That could be a great Jeopardy
question.
COMMISSIONER BERRY: Yeah. What do you have if you have
limnology?
CHAIRWOMAN MAC'KIE: Yeah.
COMMISSIONER NORRIS: So that's --
CHAIRWOMAN MAC'KIE: That's eight?
COMMISSIONER NORRIS: That's nine.
CHAIRWOMAN MAC'KIE: Is it? Okay. I have Espinar, Foley, Hill,
Jackson, Neal, Robinson, Sansbury, Simonik. One, two, three, four,
five, six, seven, eight.
COMMISSIONER BERRY: Why don't you just name them all?
COMMISSIONER CONSTANTINE: We do, except two.
CHAIRWOMAN MAC'KIE: We need one more. Does anybody have any
information?
COMMISSIONER NORRIS: Well, if you start with Espinar and go
down, that's nine. One, two, three, four, five, six, seven --
CHAIRWOMAN MAC'KIE: Read your list off then, John. I must be
reading it wrong.
COMMISSIONER NORRIS: I may have a different sheet than you
because there's nine, if you start with Espinar and go down the line.
CHAIRWOMAN MAC'KIE: Well, nobody had suggested Gal, I don't
think.
COMMISSIONER BERRY: No, you better have an attorney on there.
There's always room for an attorney, right?
CHAIRWOMAN MAC'KIE: Ah, Ms. Krier. The knowledge --
MS. KRIER: Essentially, it's the study of fresh water.
CHAIRWOMAN MAC'KIE: Thank you, you're too kind.
COMMISSIONER CONSTANTINE: Madam Chairman, I'll suggest we round
it out with W. Terry Cole.
CHAIRWOMAN MAC'KIE: Okay. So let me read this list. Terry
Cole, Marco Espinar, Blair Foley, William Hill, Daniel Jackson, Jerry
Neal, Monty Robinson, Tom Sansbury, and Michael Simonik.
Anybody count to nine? Does that add up?
Yes, Ms. Filson.
Page 70
April 13, 1999
MS. FILSON: Would you like to set the terms, or would you like
that to be done at their initial --
CHAIRWOMAN MAC'KIE: I'd like them to do it.
COMMISSIONER CARTER: Let them set the terms.
COMMISSIONER CONSTANTINE: Are you comfortable with those nine,
Commissioner Norris?
COMMISSIONER NORRIS: No, I'm not. There's one there that I'm
not comfortable with.
COMMISSIONER CARTER: Yeah, but, you know, if you've got eight
that you like, it takes you one vote, and you'll be okay, John.
CHAIRWOMAN MAC'KIE: Does anybody want to make a motion for those
nine?
COMMISSIONER CONSTANTINE: I'll make a motion.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER CARTER: I'll second it.
CHAIRWOMAN MAC'KIE: Motion and second.
All in favor, please say aye.
Opposed?
COMMISSIONER NORRIS: Aye.
COMMISSIONER BERRY: Aye.
CHAIRWOMAN MAC'KIE: Passes three to two.
COMMISSIONER CONSTANTINE: Well, I'm going to put a motion for
reconsideration then, since I was in the majority.
CHAIRWOMAN MAC'KIE: You are too good at that.
Can he move to reconsider his own motion, Mr. Weigel?
MR. WEIGEL: He certainly can.
CHAIRWOMAN MAC'KIE: Darn.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: There's a motion and a second for
reconsideration.
All in favor, please say aye.
Opposed?
Aye.
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: It passes.
COMMISSIONER CARTER: I was in the negative.
CHAIRWOMAN MAC'KIE: Okay, it passes three to two.
COMMISSIONER NORRIS: Is there a substitute motion?
COMMISSIONER BERRY: Yeah, is there another motion?
CHAIRWOMAN MAC'KIE: I don't have one.
COMMISSIONER CONSTANTINE: Commissioner Norris, do you have a
substitute motion?
COMMISSIONER NORRIS: Yes. I would substitute Milton Keen
Cornell for Michael Simonik and leave the other choices the same, and
I'll make that a motion.
CHAIRWOMAN MAC'KIE: Is there second for that motion?
COMMISSIONER CONSTANTINE: I'll second that.
CHAIRWOMAN MAC'KIE: Pass the syrup.
Any discussion on that motion?
COMMISSIONER BERRY: It sounds like a great motion.
CHAIRWOMAN MAC'KIE: Ail in favor, please say aye.
Opposed?
COMMISSIONER CARTER: Aye.
CHAIRWOMAN MAC'KIE: Aye.
Passes three to two.
Page 71
April 13, 1999
I've got to get that reconsideration thing down pat, Commissioner
Constantine.
COMMISSIONER CONSTANTINE: It's a little trick I learned from
Robert Byrd.
CHAIRWOMAN MAC'KIE: I see that.
Page 72
RESOLUTION NO. 99-204
A RESOLUTION APPOINTING MEMBERS
TO THE ENVIRONMENTAL ADVISORY COUNCIL.
WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County
adopted Collier County Ordinance No. 99-6 creating the Environmental Advisory Council; and
WHEREAS, Collier County Ordinance No. 99-6 provides that the Environment Advisory
Council shall consist of 9 members; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are
hereby appointed to the Environmental Advisory Council, with their respective terms of office as
follows:
MEMBER CATEGORY TERM EXPIRES
Blair A. Foley Technical April 13, 2000
Thomas W. Sansbury Non-Technical April 13, 2000
William W. Hill Technical April 13, 2001
Monty D. Robinson Technical April 13, 2001
W. Terry, Cole Technical April 13, 2002
Dr. Daniel F. Jackson Technical April 13, 2002
Milton Keen Comell Technical April 13, 2003
Marco A. Espinar Technical April 13, 2003
Jerry C. Neal Technical April 13, 2003
This Resolution adopted after motion, second and majority vote.
DATED: April 13, 1999
ATTESTs: ~ ~',~ ,~' BOARD OF COUNTY COMMISSIONERS
Co~ A~omey
April 13, 1999
Item #10C
RESOLUTION 99-205 ADOPTING THE OFFICIAL LANGUAGE OF GOVERNMENT IN
COLLIER COUNTY AS ENGLISH ADOPTED
Official language of government. Commissioner Carter?
COMMISSIONER CARTER: Yes. There was a memorandum that came to
us in regards to this. And this is in no way to cast any disparaging
reflection on any other language. But the language of government --
since we're an English speaking nation, I just feel strongly the
language of government should be English.
That does not preclude ballots still being printed in Spanish, it
does not preclude the fact that in emergency situations that we would
put out notices both in English and in Spanish or Creole, whatever the
situation might be. But it does set a benchmark that if you have 300
different languages spoken in the U.S., it's a burden on government.
I mean, where do you draw the line? How many things do you print in
another language? So I just feel that there is a resolution put
together by this group which was passed by a number of counties and
states that the official language of Collier County would be English.
And there's a resolution here, which we can do that. COMMISSIONER NORRIS: Do you have a motion?
COMMISSIONER CARTER: And I would make a motion that we accept
that resolution and do it and make the official language of government
of Collier County English.
CHAIRWOMAN MAC'KIE: Commissioner Constantine, do you have a
comment?
COMMISSIONER CONSTANTINE: Just a quick one and that is, I
support this. And it goes to the simple issue, you know, when you
travel the world, they don't all accommodate us. When you go to
France, I've got to figure out how to speak French.
But more importantly, the voters in the State of Florida voted
overwhelmingly, I think it was 91 percent in favor of nearly this
identical language just a couple of years ago. So I think it is
clearly the will of people that we do that, and I support the motion.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: There's a motion and second.
Mr. Ramiro Manalich, do you have a comment?
MR. MANALICH: Good morning, Madam Chairman, members of the
board.
Just very briefly. Not to take any issue with anything said,
just a clarification which is that the Florida constitution since 1988
does have a provision that says that English is the official language
of the State of Florida. Clearly you can, I think, so legally,
constitutionally so declare that if you choose in Collier County.
My only caution to you would be, as the case law that we've
reviewed constitutionally, in the proposed resolution it mentions that
official acts and records will be conducted and printed in English,
while county employees will not be provided bilingual pay.
There was -- the main case out of this, which arose two or three
years ago, was out of Arizona. The courts upheld the provision about
an official language of English. However, they cast doubt on the
validity constitutionally of any provisions that require official acts
to be only in English. So my suggestion is --
COMMISSIONER CONSTANTINE: Are we requiring that or are we
allowing that?
Page 73
April 13, 1999
MR. MANALICH: Well, the way it says here is official acts and
records will be conducted and printed in English. CHAIRWOMAN MAC'KIE: It doesn't say may.
COMMISSIONER CONSTANTINE: Right. And it doesn't say strictly.
It doesn't prohibit anything.
MR. MANALICH: Well, it might be -- I think that it could be
constructed to say it will only be in English.
COMMISSIONER CONSTANTINE: It could be, but that's not what it
says.
CHAIRWOMAN MAC'KIE: So could we change the word to "may"?
MR. MANALICH: Well, my only --
COMMISSIONER CONSTANTINE: I don't even want to change it.
MR. MANALICH: My only comment would be your safest --
constitutionally say that English is the official language of Collier
County government. I think my only caution is that if you add this
other language, the cases have cast doubt on its constitution of
validity on that. There is no controlling authority at this time in
the research we've covered. So I'm not saying it is prohibited, I'm
just saying the cases have cast doubt in the language in the case on
that portion of the language.
CHAIRWOMAN MAC'KIE: You guys won't be surprised to know I'm not
going to support this, just because I think it does -- it is although
not intended to cast aspersions, is perhaps received as casting
aspersions on people of other cultures. And we are quite fortunate in
this community to have a real diversity of cultures and a diversity of
languages. I can't imagine that we would want to take any action that
would, as you said, Commissioner Carter, prohibit publication of
notices in Creole or any languages as may be appropriate for the
circumstance. And just the sort of insulting nature of -- it's
received as insulting, whether it is intended as insulting or not, and
that troubles me.
COMMISSIONER CONSTANTINE: Again, going back to the example I
used, if you go to Germany, are you insulted because everything isn't
in English?
CHAIRWOMAN MAC'KIE: No. But if I live in Collier County and my
first language is Spanish and the government goes to the trouble to
adopt a resolution to say that my first language is not their first
language, I feel a little cut out of the system. And that's how I
would feel.
COMMISSIONER CONSTANTINE: I guess you're just more sensitive
than I am.
CHAIRWOMAN MAC'KIE: I'm more sensitive, I suppose.
COMMISSIONER CARTER: And I'm in no way, Commissioner, cutting
them out of the system. But if they come here and whatever the
language is that they learned in their home country, they now live and
reside in the United States of America. And Spanish families will
push this, because they don't want their children not to learn
English. They don't want their families not to learn English, because
this is the language of the land. And that's why I feel strongly that
I am -- and the advocates of this happen to be Spanish speaking
people. So I think I'm more of an advocate of the cause in that
direction and in no way am casting any reflection on what their quote,
native language was before coming here.
CHAIRWOMAN MAC'KIE: I believe that.
Page 74
April 13, 1999
COMMISSIONER CARTER: I just think that this is a matter of
record and supports the State of Florida and it supports 25 states, 92
counties and 35 cities, so I'm just bringing it for discussion.
CHAIRWOMAN MAC'KIE: And I've been in my minority before and it's
not the end of the world.
COMMISSIONER BERRY: I support the effort, Mr. Carter, so --
CHAIRWOMAN MAC'KIE: Is there further discussion? Is there any
response to County Attorney's Office on the --
COMMISSIONER NORRIS: We thank him for his enlightenment.
CHAIRWOMAN MAC'KIE: -- advice?
COMMISSIONER CONSTANTINE: I think we're pretty clear where we're
headed.
CHAIRWOMAN MAC'KIE: Okay. All in favor, please say aye.
Opposed?
Aye.
COMMISSIONER CONSTANTINE: Can we vote twice?
CHAIRWOMAN MAC'KIE: Passes four to one. I said please say aye.
No, I don't think I voted twice.
COMMISSIONER CONSTANTINE: It passes five-one there.
CHAIRWOMAN MAC'KIE: Yeah, that would be interesting. Passes
four to one, Commissioner Mac'Kie opposed.
Page 75
RESOLUTION NO. 99-205
APR
A RESOLUTION ADOPTING ENGLISH AS THE
OFFICIAL LANGUAGE OF COLLIER COUNTY GOVERNMENT.
WHEREAS, we celebrate the contribution of all people in the United States, including their
languages; and
WHEREAS, in the course of our history, the English language has become the common
bond that has for more than two centuries enabled the citizens of the United States to
communicate with one another, forming a nation, regardless of national background; and
WHEREAS, English is the most common language spoken in the United States in 1999; the
use of government documents and services in several languages promotes separation among
residents and is an inefficient use of taxpayers' money; and
WHEREAS, as of January 1, 1999, 92 counties, 35 cities, and 25 states endorse English as
their official or common language of government; and
WHEREAS, adopting an official county language is a unifying action, both locally and
nationally, recognizing the courage of our ancestors who learned English and immigrants who
continue to learn English, and maintains the right of individuals to develop their language.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA, that the Board hereby adopts English
as its official language. Official acts and records will be conducted and printed in English while
county employees will not be provided bilingual pay. We support the requirement that
Territories desiring admission as a State first establish English as their one official language of
government.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to send copies of
this Resolution to the Florida Association of Counties, State Representatives Luis Rojas, J. R.
"Joe" Spratt, Carol Green and J. Dudley Goodlette; State Senators Steve Geller, and Butt L.
Saunders; Governor Jeb Bush; U.S. Representative Porter Goss; Speaker of the House J. Dennis
Hastert; U.S. Senators Bob Graham and Connie Mack; Senate Majority Leader Trent Lott, Vice
President Gore, President Clinton, former Presidents Gerald Ford, Jimmy Carter, Ronald Reagan,
and George Bush, and former Vice Presidents Walter Mondale and Dan Quayle.
This Resolution was adopted after motion, second, and majority vote.
DATED: ,April 13, 1999
ATTEST. ., .... .,., BOARD OF COUNTY COMMISSIONERS
.,' ',DWIGHT E ~;;BRO~K, Clerk COLLIER~COUNTY, FLORIDA
/ ~ PAMELA S. MAC'KIE, Chairwoman
, ~'i?~i~. ',i
' '.:'./"~;~lSproved as to ~'8.rm and legal,s,u~,qlency:
Chief Assistant County Attorney
h:Kay/R~olution
April 13, 1999
Item #10D
DISCUSSION REGARDING THE PROHIBITION OF OPEN FIRES - STAFF TO DRAFT AN
EMERGENCY ORDINANCE AND BRING BACK ON 4/27/99
Okay. Let's see. Discussion regarding the prohibition of open
fires.
Commissioner Berry?
COMMISSIONER BERRY: Yes. Due to our current drought conditions
in Collier County, this is an issue that has come -- been brought to
my attention of property out on the eastern part of the county.
People own property out there who are absentee owners but who may come
and visit on weekends and proceed to have an open campfire. A
campfire can get out of control with the current conditions being what
they are.
And what I'm looking for here is something, whether it be in the
form of resolution or ordinance, that we can pass and that we can
invoke at times when we have this condition.
CHAIRWOMAN MAC'KIE: You're saying not that there be a general
prohibition but --
COMMISSIONER BERRY: No, no, no, no, no. What I'm saying is when
you have current conditions such as they are right now, that it is
something that we can invoke in Collier County to restrict open
campfire barrel -- and with the exclusion of commercial burning for
people. But normally when that happens, the people have gotten
permits from the fire department or the Division of Forestry.
COMMISSIONER CONSTANTINE: Do you suggest a penalty for --
COMMISSIONER NORRIS: Death. Burn them at the stake.
CHAIRWOMAN MAC'KIE: Okay. We're getting hungry, let's come on,
try to stay.
COMMISSIONER BERRY: I don't -- I'm not an ordinance drafter. I
don't know what penalties are -- or whatever.
CHAIRWOMAN MAC'KIE: Mr. Weigel.
COMMISSIONER BERRY: I believe this is something certainly for
the legal department to deal with.
COMMISSIONER CONSTANTINE: You're just asking us to give it to
him to come back with something?
COMMISSIONER BERRY: I think so. I know that -- I don't think
he's arrived yet. Hank Graham was supposed to come down here, who is
with the Division of Forestry, and speak. Chief Don Peterson was here
with the Golden Gate Fire Department, and also, one of the other
forestry individuals. Unfortunately, they are fighting a fire as we
speak out on the East Trail in the 6-L Farms areas, so --
CHAIRWOMAN MAC'KIE: Well, I support the concept and I would love
to have the county attorney draft something for us to bring back.
COMMISSIONER CONSTANTINE: Resolution?
CHAIRWOMAN MAC'KIE: Whatever. It may have to be an ordinance.
COMMISSIONER BERRY: Yeah, I'm not -- again, I'm not the expert.
If it's ordinance, resolution, whatever it is.
COMMISSIONER NORRIS: What you're trying to do, as I understand
it, is to have an emergency -- COMMISSIONER BERRY: Yes.
COMMISSIONER NORRIS: -- measure where that you could under
drought conditions, such as we have, impose this ban on open fires?
COMMISSIONER BERRY: Right.
COMMISSIONER NORRIS: But not in other parts of --
Page 76
April 13, 1999
COMMISSIONER BERRY: No, no, no, no, not at all.
COMMISSIONER NORRIS: Fine, yeah, I have no objection to that.
CHAIRWOMAN MAC'KIE: Okay. Mr. Weigel.
MR. WEIGEL: Thank you. We have looked into this and we thank
Diane Flagg, who had had communication with Mr. Frank Graham, the
Department of Forestry, and she got back with me forthwith. And we've
looked at our ordinances, all of them, and it appears that there may
be an opportunity to merely amend, as opposed to create a new
ordinance --
CHAIRWOMAN MAC'KIE: Good.
MR. WEIGEL: -- of our current Collier County Fire Prevention and
Protection Code. That's Ordinance No. 98-74.
CHAIRWOMAN MAC'KIE: Dave, can we just leave that to you to come
back? Do we need to talk more about it today? Because I promised
these -- I know they're getting hungry up here.
MR. WEIGEL: Well, what I was suggesting is, is that by the
nature of the importance of the subject matter, we can propose to
either amend this ordinance or a stand-alone ordinance and bring it
back as either emergency or on the regular public hearing agenda at
the next meeting of the board. And we will -- even if it's an
emergency, we will advertise it and give it all the public ability
that we can.
CHAIRWOMAN MAC'KIE: I'd like to see it at the next --
MR. WEIGEL: I think we can do it in the next meeting.
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER BERRY: I might also add, I was given -- from the
office of the Governor, there's been an executive order, 99-88, handed
down, and it pertains to wildfires and so forth. I'll give this to
Attorney Weigel, and if it's helpful or whatever. You can read over
what they have done and proceed from there. MR. WEIGEL: Sure.
COMMISSIONER BERRY: I thank you very much for your involvement.
CHAIRWOMAN MAC'KIE: Thank you for bringing it forward.
Appointment --
MR. FERNANDEZ: Madam Chairman?
CHAIRWOMAN MAC'KIE: I'm sorry.
MR. FERNANDEZ: We have speakers but I think they've all left.
Let me just be sure. Rich Gordon, Hank Graham and Don Peterson were
COMMISSIONER BERRY: Yeah they've gone.
CHAIRWOMAN MAC'KIE: Thank you.
Item #10E
RESOLUTION 99-206 APPOINTING JOHN R. HUMPHREY AND BARBARA MINCH
ROSENBERG TO THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY -
ADOPTED
Okay, the next item is appointment to (sic) members to the
industrial development authority.
COMMISSIONER NORRIS: Two and two, motion to approve.
COMMISSIONER CONSTANTINE: Actually, it's two and three.
COMMISSIONER NORRIS: Two and three?
COMMISSIONER BERRY: Jack Humphrey and Barbara Rosenberg.
CHAIRWOMAN MAC'KIE: And they're recommended for reappointment.
That's probably the two you were --
Page 77
April 13, 1999
COMMISSIONER NORRIS: That's the two I'm looking at. Jack
Humphrey and Barbara Minch Rosenberg.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 78
RESOLUTION NO. 99-206
A RESOLUTION REAPPOINTING MEMBERS TO TIlE
COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
WHEKEAS, the Board of County Commissioners of Collier County adopted Resolution No.
79-34, creating the Collier County Industrial Development Authority pursuant to the authority of
Chapter 159, Part III, Florida Statutes; and
WHEREAS, the Collier County Industrial Development Authority is composed of five (5)
members with four-year terms; and
WHEREAS, there are currently two (2) vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Board of County Commissioners received a memorandum from Donald A.
Pickworth, counsel to the Industrial Development Authority, advising Collier County of the
vacancies and the desire for reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. John R. Humphrey is hereby reappointed to the Collier County Industrial Development
Authority for a four year term, said term to expire on February 28, 2003.
2. Barbara Mineh Rosenberg is hereby reappointed to the Collier County Industrial
Development Authority for a four year term, said term to expire on February 28, 2003.
3. This Resolution shall constitute a certificate of appointment and shall be filed with the
Clerk of the Circuit Court as provided by law.
This Resolution adopted after motion, second and majority vote.
DATED: April 13, 1999
ATTEST: BOARD OF COUNTY COMMISSIONERS
D ~, GH~I~t~OCK, Clerk COLLIER COUNTY, FLORIDA
k,'" ' ':' :' · '~ .... ~i'~'
· ,.-. ~,,, ~ ,, .".'.?,..~,:'.,.." PAMELA S. MAC'KIE, C mrwoman
..... · : .,t.; 1 , ~.., · .
t D '' '"
Approved as to form and
legal sufficiency:
County Attorney
April 13, 1999
Item #10F
APPOINTMENT OF MEMBERS TO THE HEALTH FACILITY AUTHORITY - CONTINUED TO
Then the health facilities authority.
COMMISSIONER CONSTANTINE: Couple of quick questions on this one.
A press release was issued. Is that by us? I just ask that because
we've --
MS. FILSON: I did that, yes.
COMMISSIONER CONSTANTINE: -- gone through that before with this
committee. This --
COMMISSIONER BERRY: I'd like to go ahead and -- oh, I'm sorry.
COMMISSIONER CONSTANTINE: The only other question, is there any
prohibition of an elected official serving on the authority? I know
we get mixed up both on state and local boards on whether or not
that's allowed. Hancock's being on the school board.
MS. FILSON: I'll defer that question to David. This authority
was created pursuant to Florida Statute, so they don't really fall
under our advisory committee ordinance.
COMMISSIONER CONSTANTINE: Yeah, I don't -- Florida Statute
doesn't allow dual serving. And I don't know if this -- this isn't a
Collier ordinance, that's a Florida State ordinance. I don't know if
it applies here or not. But I don't want to make that appointment if
it does apply here.
CHAIRWOMAN MAC'KIE: Could we make it subject to next week being
revoked if it is a violation?
MR. WEIGEL: That's fine. Or you could -- subject to legal
sufficiency, you could make your outright appointments with a backup
in case it doesn't work, and I'll report back to you in two weeks from
now either way.
COMMISSIONER CONSTANTINE: We don't really have a backup. I'd be
much more comfortable making an appointment if we knew. Because my
recollection may be wrong but I think it said the state talks about
committees, authorities, and whatever the other, there's -- boards.
Boards, committees and authorities.
COMMISSIONER CARTER: So we ought to continue this for two weeks
until we get --
CHAIRWOMAN MAC'KIE: Is that a motion?
COMMISSIONER CONSTANTINE: That would be fine.
COMMISSIONER CARTER: I move that we continue until the next
meeting.
COMMISSIONER CONSTANTINE: I'll second that.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Item #10G
RESOLUTION 99-207 REAPPOINTING GARY LIND AND DAWN LITCHFIELD TO THE
HOUSING FINANCE AUTHORITY ADOPTED
Now we have the housing finance authority, which does have two --
COMMISSIONER CONSTANTINE: Two and two. I'll make a motion that
we approve the two who have applied.
Page 79
April 13, 1999
COMMISSIONER CARTER: Second.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: Ail in favor, say aye.
MR. WEIGEL: Madam Chairman?
CHAIRWOMAN MAC'KIE: Opposed -- excuse me.
MR. WEIGEL: Just a point for the procedure, and that is that
Dawn Litchfield has already served two terms, so under our Ordinance
86-41 as amended she would need a unanimous approval to have another
term.
COMMISSIONER CONSTANTINE: Sounds like --
MS. FILSON: This is an authority under the Florida Statutes, and
this one doesn't fall under our 86-41 ordinance.
CHAIRWOMAN MAC'KIE: But in any event, we had a unanimous vote,
if I can call for. All opposed?
(No response.)
CHAIRWOMAN MAC'KIE: None. So it's a unanimous vote.
MR. WEIGEL: Thank you.
Page 80
RESOLUTION NO. 99-207
A RESOLUTION REAPPOINTING MEMBERS TO THE
HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No.
80-66 creating the Housing Finance Authority of Collier County, Florida, pursuant to Chapter
159, Part IV, Florida Statutes; and
WHEREAS, Ordinance No. 80-66 provides that the Housing Finance Authority of Collier
County, Florida shall be composed of five (5) members; and
WHEREAS, there are currently two (2) vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Board of County Commissioners received a memorandum from Donald A.
Pickworth, counsel to the Housing Finance Authority, advising Collier County of the vacancies
and the desire for reappointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Gary D. Lind is hereby reappointed to the Housing Finance Authority of Collier County,
Florida, for a four year term, said term to expire on March 21, 2003.
2. Dawn P. Litchfield, is hereby reappointed to the Housing Finance Authority of Collier
County, Florida, for a four year term, said term to expire on December 2, 2002.
3. This Resolution shall constitute a certificate of appointment and shall be filed with the
Clerk of the Circuit Court as provided by law.
This Resolution adopted after motion, second and majority vote.
DATED: April 13, 1999
ATTEST:.,,~. ~,... BOARD OF COUNTY COMMISSIONERS
DB ~!~'~CK, Clerk COLLIER COUNTY, FLORIDA
, ,:~.~,~a~_ ,-: ~..~- .,~,(~, By:
' ~,.,,::~': ...". ' .i~_; %~,;':'-.' ~ PAMELA S. MAC'KIE,
Approved as to form and
legal sufficiency:
County Attorney
April 13, 1999
Item #10H
RESOLUTION 99-208 REGARDING ANIMAL ABUSE AND CRUELTY CASES
INVESTIGATED BY DOMESTIC ANIMAL SERVICES - ADOPTED
CHAIRWOMAN MAC'KIE: Resolution about animal abuse.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: This is just kind of to formalize the
relationship between the Sheriff's Department and our domestic animal
services. There have been, unfortunately, an unusual number of animal
cruelty cases in the last year or so. And we've got a process we go
through, Mr. Olliff has carefully crafted, along with his staff. And
this just kind of formalizes what they do together.
COMMISSIONER NORRIS: Motion to approve, accept, adopt or
whatever we're doing.
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: Any further discussion?
Ail in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Page 81
RESOLUTION NO. 99- z08 qr'r~ ~
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REGARDING ANIMAL ABUSE AND
CRUELTY CASES INVESTIGATED BY DOMESTIC ANIMAL SERVICES
WHEREAS, The Humane Society of Collier County, Inc., ("Society") has informed the
Board of County Commissioners ("Board") that Collier County Domestic Animal Services
("Domestic Animal Services") performs difficult tasks regarding cases of animal abuse and has
improved its education efforts regarding laws against animal abuse and cruelty to animals; and
WHEREAS, the Society believes that in animal cruelty and animal abuse cases there is a
need for more extensive coordination and communication between Domestic Animal Services
and the Collier County Sheriff's Agency and the Society; and
WHEREAS, The Board desires that in all animal abuse and cruelty cases that may
constitute any criminal act, Domestic Animal Services utilize the services of the Collier County
Sheriff's Agency and of the Society to the greatest extent possible.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. In each case of apparent animal abuse or cruelty to animals that may be a criminal
act under any Florida Statute or Collier County Ordinance, the staff of Domestic Animal
Services is encouraged to promptly notify the Collier County Sheriff's Agency and to request
whatever assistance may be available from that agency.
2. Domestic Animal Services is encouraged to utilize the volunteered services of the
Society to the greatest extent possible, including its necropsy services, and to fully use the
Society's biological storage facilities for preservation of potential evidence and storage of bodies
of small animals.
This Resolution adopted this/,~fi~'day of ~ , 1999 after motion,
second and majority vote favoring same.
.... , "..': ,... BOARD OF COUNTY COMMISSIONERS
" ,::: COLLIER COUNTY, FLORIDA,
,,,' ,DWIGHT E..BROCK, CLERK
~,.,,By BY:
ApProved as to form and
legal sufficiency.
Thomas C. a
Assistant County Attorney
h:tcp/Rcs. 99 - Domestic Animal Services
April 13, 1999
Item #10I
UPDATE ON FLOOD MAPS - PRESENTED BY KEN PINEAU
And I finally get 16(H) l, which is --
COMMISSIONER CONSTANTINE: I had actually asked Ken Pineau for --
is he here? The guy with the eye.
CHAIRWOMAN MAC'KIE: Never going to get it.
COMMISSIONER CONSTANTINE: There is no lunch today.
CHAIRWOMAN MAC'KIE: There is no lunch. And then -- I can do
that. Ken's going to give us a report.
MR. PINEAU: Good afternoon, Madam Chairman, members of the
board. My name is Ken Pineau, the emergency management director.
I'd like to give you just a little overview of the current flood
planning or the flood management planning activities.
In early December, we received the latest flood maps. These were
draft copies of the flood maps for the entire county, including the
three municipalities. And after looking at those, a working group was
developed by members of the community, members of development
services, the three municipalities, as well as local architects and
engineers. And we formulated a bunch of questions, because we weren't
sure how the Federal Emergency Management Agency arrived at the
changes to the flood map, because there has been substantial changes
to the flood plane, primarily in the Northern Golden Estates area, the
area around Immokalee, which weren't in the flood plane before.
Yesterday we had a meeting with the consultants who developed the
methodology, as well as a representative from FEMA, and I think that
they answered all of the questions. I think everyone of the working
group was in agreement that the questions that they had were answered,
whether we wanted to hear the answers or not. I think that they used
good engineering practices to come up with these various areas. It
was just a technical working group, although there was members of the
general public at the meeting yesterday.
And I think what we have to do right now, it's not the notion
that some of the street names were in error that consequently the
flood zones would be in error. That's not the case at all. In fact,
they didn't need any of the street maps to come up with the actual
flood planes. These are done afterwards.
What we're trying to do, though, is to get some new topographic
data, both from the county and the City of Naples, because there have
been changes. This map was actually completed in '95. It's almost
four years old right now, before we got it. So what we're trying to
do is make these topographic changes. FEMA is very willing to address
those changes in the final product.
We're supposed to have at least a minimum of two more public
hearings. This wasn't a public hearing yesterday, it was just a
technology assessment meeting. And if we started today -- the clock
hasn't started yet, but I think that the final flood maps would not go
into effect until sometime late April or May of next year. So we're a
long way off, and I think a lot of work still has to be done. In
fact, the working group will be meeting again Thursday afternoon to
come up with this data that's required.
The Water Management District will provide canal information, as
well as the municipalities and the county will be providing the
topographic updates.
Page 82
April 13, 1999
COMMISSIONER CONSTANTINE: I asked for an update because the
draft maps are considerably different, considerably different than the
old flood maps we had. And to look at them, you would immediately
question, as I did, I think, how they came up with such a dramatic
change. I don't think we've had storm events that have indicated
that. And I just -- I wanted, one, everybody to be aware, Ken's
working on that, but it might be worth your while to look at the maps.
But two, we may want to be part of the process when they have those
public hearings. We may want to go -- someone representing the board
or staff or someone to try to have an impact on that. Because I think
what you told me last week when we talked about this is the draft maps
last time we went through this process were a far cry from what they
ended up with. They actually altered those considerably after public
input.
MR. PINEAU: They did back in '85, especially in East Naples.
The maps prior to this set were actually based on storm surge. It
didn't take into consideration the sheet flow flooding that's commonly
-- a common occurrence, especially up in the northern part of the
county, as we had a few years ago up there in the area just south of
Immokalee Road. A lot of those streets were flooded, as well as in
the Big Cypress, Big Corkscrew areas, so --
COMMISSIONER CONSTANTINE: The worry here is if they have
overstated the danger, this has a huge impact on everybody who owns a
house and what they are --
COMMISSIONER BERRY: That's just what I wanted --
COMMISSIONER CONSTANTINE: -- required to get and what the --
COMMISSIONER BERRY: -- to clarify for the public that might be
watching. So what does this all mean? And what it means is --
COMMISSIONER CONSTANTINE: Flood insurance, requirements, and the
cost of them could skyrocket or could come into effect for a lot of
people that don't have that requirement right now.
MR. PINEAU: Well, I would imagine that the -- they're going to
have to -- they'll probably end up picking up another eight to 10,000
policyholders. At the present time in the county, we have 63,000
flood insurance policyholders take in 23 million dollars in premiums a
year. And it's going to substantially increase if in these maps --
COMMISSIONER CONSTANTINE: Those poor insurance companies.
COMMISSIONER BERRY: I was going to say, it sounds like the
winners are going to be the insurance companies.
CHAIRWOMAN MAC'KIE: That would be so rare. Sorry.
COMMISSIONER CARTER: So will this group be meeting on a regular
basis, Ken?
MR. PINEAU: We've been meeting at least every other week, but
this is our third meeting in the last 10 days, I believe.
COMMISSIONER CONSTANTINE: Do we know when those public hearings
will be?
MR. PINEAU: No. We will be advised by FEMA when they come down
for the first meeting. And then there will be two subsequent public
hearings after that time.
And I think one of the public -- there's about a six-month
separation actually between the first public hearing and the second.
So we're looking at a long drawn-out period here.
CHAIRWOMAN MAC'KIE: And as you get -- as you get draft maps that
you think may be harder drafts than just initial drafts, you'll keep
us copied and informed of that those?
MR. PINEAU: Yes, ma'am.
Page 83
April 13, 1999
CHAIRWOMAN MAC'KIE: Sounds like a significant issue for our
community. Glad you're on it.
MR. PINEAU: Well, I might add also that Pinellas County
challenged FEMA and they've spent over $900,000 thus far, and all they
got out it was a good set of base maps. They've lost -- I believe
they've lost their case.
CHAIRWOMAN MAC'KIE: Wow. So our working with them in the
process is probably a much more different way to go, hopefully.
COMMISSIONER CONSTANTINE: Thanks.
CHAIRWOMAN MAC'KIE: Thanks.
COMMISSIONER CARTER: Commissioner Constantine, are you
suggesting that one of the board members track this along with Pineau
on this, or are you just suggesting that -- periodic reports?
COMMISSIONER CONSTANTINE: Yeah, and that may be premature now,
but I was thinking later when we get to those public hearings and all,
we may want to have a presence there stating any concerns we have as
they develop. And I don't know that we can clarify what those are
now, and our staff will help us develop those, but for the time being,
I would think just Ken briefing us as necessary. And then if as the
process unfolds, if the maps continue to look like they do, we
probably want to have a voice there.
CHAIRWOMAN MAC'KIE: And just for a wake-up call, Ken, I'd love
to see the map -- a copy of the map as it currently exists, because I
haven't.
Any other comments?
COMMISSIONER CARTER: Likewise. And thank you for pulling that.
I think this is an item -- this is a classic item of an -- and Tim, I
don't think it should be on a consent agenda.
CHAIRWOMAN MAC'KIE: This wasn't even on the agenda.
COMMISSIONER CONSTANTINE: This was just an add-on.
CHAIRWOMAN MAC'KIE: We just added it on altogether.
COMMISSIONER CARTER: All right. Just make sure we don't --
COMMISSIONER CONSTANTINE: There was no item.
COMMISSIONER CARTER: There was no item.
Item #11A1
BCC TO SUPPORT THE COPS UNIVERSAL HIRING PROGRAM SUPPLEMENTAL GRANT
AWARD #95CCWX0265 - APPROVED
CHAIRWOMAN MAC'KIE: Next is 16
COMMISSIONER CONSTANTINE: 16(H) (1).
CHAIRWOMAN MAC'KIE: -- (H) (1).
COMMISSIONER CONSTANTINE: Drum roll, please.
This is just a sheriff's grant award. Great idea. I don't think
any of us object to it. I just want to make sure that when these come
back, they'll appear under expanded service. We've had this
discussion several times, that they haven't traditionally, and they
suddenly become part of the ad valorem budget or general fund budget,
then they ought to.
CHAIRWOMAN MAC'KIE: But we said in our budget policy that we
adopted just a few weeks ago, these would definitely show as expanded
in my --
MR. FERNANDEZ: We covered this specifically in our budget policy
this year, that we will be mentioning these to the board as expanded.
COMMISSIONER CONSTANTINE: Move the item.
Page 84
April 13, 1999
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: Ail in favor, say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Got some street name changes now. If we can --
Page 85
U. S. De~ent of Justice
Office of Communi~ Orien~d Policing ~ervices
COPS Universal Hiring Supplemental Award
Application Organization's Name: Collier County Sheriffs Department
Grant #: 95CCWX0265
OR/#: FL01100
Vendor #: 596000561
Law Enforcement Executive Name: SheriffDon Hunter
Address: Government Complex, Building J
3301 Tamiami Trail East
City, State, Zip Code: Naples, FL 34112
Telephone: (941) 793-9203
Fax: (941) 793-9333
Government Executive Name: Chairman Barbara B. Berry
Address: 3301 Tamiami Trail East
City, State, Zip Code: Naples, FL 34112
Telephone: (941 ) 774-8391
Fax: (941) 774-3602
Award Start Date: April 1, 1995 Previous Award End Date: July 31, 2000
Supplemental Award Start Date: December 1, 1998 Revised Award End Date: November 30, 2001
Previous Award Amount: $2,025,000 Previous Number of Officers: Full Time: 27
Supplemental Award Amount: $1,425,000 Part Time: 0
Total Award Amount: $3,450,000 Supplement to Number of Officers: Full Time: 19
PartTime: 0
Total Number of Officers: Full Time: 46
Part Time: 0
FEB 0 I 1999
Josep Date
By sigi~fl~g this award, the sign. atory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side
Don H,unter~ Sheriff
Signature''fo ~cment Executive with the Typed Name and Title of LawATTlCq?
authority to accept this grant award. Enforcement Executive. o~i ~ aH/;'i ',: ~.'::' E.
~cept this grant a~ard.' ' ' Typed Name and Title of Govemmant
ExecuUve. , /. &, - ,y ~ ,= ~ '
..
CONDITIONS OF SUPPLEMENTAL GRANT AWARD
1. The funding under this Universal Hiring Program Supplemental Grant Award may
only be used for the payment of the approved salaries and benefits of those additional,
newly hired officers funded under your agency's Universal Hiring Program Supplemental
Grant Award. Unless approved in writing by the COPS Office, the funding under this
Supplemental Grant Award may not be applied to officers hired before the Supplemental
Grant Award Start Date printed on the reverse side. In addition, the funding may not be
used to hire officers to fill current vacancies for which local funding is available.
2. Your agency remains subject to the same terms and conditions as were set forth in the
original FAST, AHEAD, or UHP Award.
3. Your agency agrees to complete and keep on file, as appropriate, an Immigration and
Naturalization Service Employment Eligibility Verification Form 0-9). This form is to
be used by recipients of federal funds to verify that persons are eligible to work in the
United States.
4. Your agency is expected to retain the positions funded by COPS Universal Hiring
Program grant funds at the conclusion of the grant, in accordance with the retention plan
contained in your grant application.
Revised Budget Summary - Important Notice
i 19g
During the review of your COPS Universal Hiring Program budget information, the O~fice of the
Comptroller, Office of Justice Programs or the COPS Office amended the budget information submitted with
your application. These adjustments affect your budget summary. The COPS O~ce modified your budget
summary to reflect these changes and to meet legislative requirements.
Please examine the Revised Budget Summary below. COPS Office staff have changed the Federal Share, the
local share or both shares. If you have any questions, please contact your grant advisor at the COPS Office.
Thank you for your attention to this matter.
ORI: FL01100 Organization: Collier County Sheriffs Department
The total three year cost for salaries and benefits per full-time officer requested $128,080.00
The total amount of federal funds per full-time officer requested is: $75,000.00
The total three year cost for salaries and benefits per pan-time officer requested $0.00
The total amount of federal funds per part-time officer requested is: $0.00
Under COPS grants, the Federal share of total salaries and benefits must decrease each year leading to full local funding
by the fourth year of officers' employment. At the same time your local sham must increase each year. Furthermore,
Federal funds per officer cannot exceed 75% of three years salary and benefits, or $75,000, whichever is less. We have
prepared the following table for your review, ff these amounts do not meet your needs, please provide revised figures in
the blank table below. Thank you.
Full Time
Year 1: Year 2: Year 3: Totals:
Federal Share (must decrease): $33,076 $27,830 $14,094 $75,000.00
Local Share (must increase): $8,270 $14,986 $29,824 $$3,080.00
Total Salaries/Benefits: $41,346.00 $42,816.00 $43,918.00 $128,080.00
Federal Share (must decrease): ~37 t 7!9 ~36 e 065 $1,216 ~ 75 t 000.00
Local Share (must increase): 0 ~7 t 314 $45 t 766 $53,080.00
Total Salarie~/Beneflts: $37,7].9 543,379 546,982 $128,080.00
Part Time
Federal Share (must decrease): $0 $0 $0 $0.00
Local Share (must increase): $0 $0 $0 $0.00
Total Salaries/Benefits: $0.00 $0.00 $0.00 $0.00
Federal Share (must decrease):
Local Share (must increase):
Total Salaries/Benefits:
The undersigned agrees to adhere to the financial commitments outlined above.
Name (typed) o£~ut~Prized Official: Pamela S. ~.9c' Kie Title: Board Chairwoman
' ' i "t ..... )4/
.Deputy
. ~),; :, · :, ~:/,. A~aistant County Attorney
:s ces't"iS to Chal nan lgnature on
April 13, 1999
Item #11B
PUBLIC COMMENT - AL PERKINS RE COUNTY PARKS
MR. PERKINS: Aren't you at public comments?
CHAIRWOMAN MAC'KIE: Oh, how could I possibly?
COMMISSIONER CARTER: Forget that.
CHAIRWOMAN MAC'KIE: Yeah, you guys are going to want to go to
lunch.
COMMISSIONER CONSTANTINE: Let's go to lunch.
CHAIRWOMAN MAC'KIE: Okay. Let's have our public comment and
then we'll take a lunch break and come back. MR. FERNANDEZ: Mr. A1 Perkins.
MR. PERKINS: Needless to say, I'm not going to let this go by,
right?
A1 Perkins. I normally speak for the Belle Meade groups and
sometimes for the Sabal Palm Association.
Now, with this new ordinance, 99-22, I think it was, I challenged
whether or not I had needed to take and fill out a form for this. And
I asked David on the whole subject, because this is not for profit and
I am not getting paid and there's no money being transferred any which
way.
CHAIRWOMAN MAC'KIE: And you're not a lobbyist. So go ahead and
talk.
MR. PERKINS: Okay. The issue is the Naples Daily Progda as of
April the 4th. This is very important.
CHAIRWOMAN MAC'KIE: You called it the Progda?
MR. PERKINS: The Progda, right.
You have a picture of people wading around in a swamp in the
Fakahatchee. Now, anybody who wades around in a swamp is liable to
get bit by moccasins, cottonmouths, bit by alligators and the rest of
it.
CHAIRWOMAN MAC'KIE: And I realize you care about that, but
what's the County Commission's role?
MR. PERKINS: Well, this picture is taken off of Jane Scenic
Drive, which is a county park. Now, all of a sudden that opens it up
to where are we as far as liability goes? But what I'm trying to get
at primarily is not to encourage anybody to go out in any swamp and
walk around.
CHAIRWOMAN MAC'KIE: Okay, so --
MR. PERKINS: Of course, now this was staged by the Naples Daily,
because he's most likely standing on the dirt or on Jane Scenic Drive
when this is going on.
CHAIRWOMAN MAC'KIE: Do you have another point? Because I'm
going to need you to move.
MR. PERKINS: Yes. Another point on this whole thing is, if you
take a real good look at what's going on, the big point is -- and we
had Nancy Payton standing out there on a hard surface road, asphalt
road, with the cypress in the background. Now, if anybody got hurt
out there, there's no way to get an ambulance in there. So we're back
to Miller Boulevard extension and Sabal Palm Road. Put them in. If
these people have gotten hurt, where does that leave us? And I don't
want to ever say, we should have. That's ridiculous.
COMMISSIONER CONSTANTINE: Actually, I think the board's policy
right now is that we're moving ahead with the Miller Boulevard
extension, so --
Page 86
April 13, 1999
MR. PERKINS: Well, I wanted to discourage anybody from walking
around in a swamp. Please, don't do it. I don't know what kind of
controls they had, but if you've ever been in a swamp, because of no
choice of your own, you know that a moccasin can strike as good in the
water, under the water, as it can on the land. Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
Do we have any other public comment?
MR. FERNANDEZ: No others.
CHAIRWOMAN MAC'KIE: I guess I'm going to give up on my idea.
We'll take our lunch break now and come back for the afternoon agenda,
including the sales tax discussion. Is it a quarter to 1:007 Come
back at 2:00? Come back at 2:00.
(Luncheon recess.)
Item #12C1 through #12C6
RESOLUTION 99-209 THROUGH 99-214 RE PETITION SNR-98-13, SNR-98-10,
SNR-98-12, SNR-98-9, SNR-98-7, SNR-98-8, DONNA DEVLIN, REQUESTING A
STREET NAME CHANGE FROM 28TM AVENI~E SW TO PAINTED LEAF LANE, FROM 18Ta
AVNEUE SW TO CEDAR TREE LANE, FROM 26Ta AVENUE SW TO COPPER LEAF LANE,
FROM 20~a AVENUE SW TO WESPORT LANE, FROM 24T~ AVENUE SW TO STAR GRASS
LANE, AND FROM 22~ AVENUE SW TO SEA GRASS LANE, RESPECTIVELY, LOCATED
IN GOLDEN GATE ESTATES UNIT 30 - ADOPTED
CHAIRWOMAN MAC'KIE: We'll call the meeting of the Board of
County Commissioners back to order, and we'll start our afternoon
agenda with Item 12(C). And I wonder if we couldn't take I through 6
at the same time. Ail of those are street name changes. If anybody
has some particular objections to one or support of one, they can
point that out, but we'll listen to them all at once.
COMMISSIONER NORRIS: Any members of the public want to speak on
this?
CHAIRWOMAN MAC'KIE: They're registered.
MR. GOCHENAUR: For the record, Ross Gochenaur, planning
services.
CHAIRWOMAN MAC'KIE: Is advertised public hearing, does that mean
we swear and we ex parte, if it's just a name?
MS. STUDENT: It's just a name change.
CHAIRWOMAN MAC'KIE: Thanks, Marge.
MR. GOCHENAUR: The petitioner is requesting six name changes,
and the basic presentation for all of these will be the same. Four of
these streets are in Golden Gate Estates, Unit 31. Ail four comprise
100 percent of the streets in that unit. The next two streets are in
Golden Gate Estates, Unit 30. These changes are for those streets
only that intersect Santa Barbara Boulevard.
The petitioner has fulfilled all of the requirements for
submittal, 51 percent, plus one of the property owners. The names are
not duplications. And the reasons for the change have been submitted.
Staff has received 19 objections from affected property owners. 17 of
these were verbal and two were in writing. One of them, I believe,
was sent directly to Mr. Constantine. I received a copy of that. We
also received four phone calls in support of the project.
I had a number of complaints about the manner in which the
signatures were solicited. This issue is beyond the scope of staff
because the ordinance does not allow us to become involved in the
petition process.
Page 87
April 13, 1999
However, there was one issue that I wanted to bring up
specifically for clarification for the record. With regard to the
reasons given by the petitioner for changing four of the six streets
in question, that would be 18th, 20th, 22nd, and 24th Avenue
Southwest, the petitioner states that the proposed changes would
enhance 911 emergency services. Petition letters sent to all of the
property owners affected, that is all six streets, also state this.
I've spoken with the 911 coordinator and she's told me that 911 has
not endorsed these street change names.
Ms. Devlin is here today, if you have any questions to ask her
about possible implications; otherwise, once again, staff has no
criteria by which we can judge the merit of these petitions, and
therefore, we recommend approval.
If you have any questions, I'll be happy to try to answer them.
CHAIRWOMAN MAC'KIE: Questions for staff? You want to go maybe
to the petitioner?
MR. FERNANDEZ: The first two speakers are A1 Perkins.
CHAIRWOMAN MAC'KIE: Well, should we hear -- is Ms. Devlin here?
Let's hear from the petitioner first. It seems appropriate to
me. Do you have anything to say in support of the petition, or does
it just speak for itself? She didn't have a -- okay. She let the
petition stand of its own, that's fine. And we'll go to the speakers.
MR. FERNANDEZ: A1 Perkins, and then Don Peterson.
MR. PERKINS: Good afternoon, Commissioners, ladies and
gentlemen, people at home.
This name change directly affects me and my wallet. It also
affects you and every taxpayer in this town. Now, I'm in total
opposition to this for a lot of different reasons. First of all, an
envelope with a number was placed in my mailbox to which I took it out
and had a sheriff open it. This had the statement about the name
change and also soliciting funds for this endeavor.
March 25th, I got this letter: Dear property owner, on Tuesday,
February the 23rd, '99, the Board of County Commissioners will
consider approval of petition SNR-98-12 renaming streets on which you
own property to Copper Leaf Lane. See the map.
I found out that other people had gotten the same letter. This
spells a done deal. Now, I took -- needless to say, you know that I
took in pursuit of this to find out what is this, because I've been
active in this community a very long time. And when somebody pulls
something like that on me, I want to say okay, do I point fingers at
the commission, do I point fingers at staff?
COMMISSIONER CONSTANTINE: Al, maybe I misunderstood you, and I
apologize for interrupting, but how does it spell a done deal?
CHAIRWOMAN MAC'KIE: Does it say we'll consider?
MR. PERKINS: No, no. On this letter -- don't forget, the
envelope is March 25th, the letter is February 23rd.
COMMISSIONER CARTER: So the implication is it's already done.
MR. PERKINS: It's already done. And I found out from other
neighbors that they have received this same letter. So I took and
called to find out what the beck is going on.
Now, when it says change the name, that means to me and everybody
else -- first of all, I've got to notify the Internal Revenue Service.
Then I've got to notify my bank accounts, and my mortgage, and my
deeds, tax notices, appraisals, Guy Carlton needs to know, Abe Skinner
needs to know, my stockbroker needs to know, and every one of the
stocks that I get elsewhere, car registration, car insurance, home
Page 88
April 13, 1999
insurance, voter's registration, the police department need to know
that this is going to be changed. Also the fire and the EMS. When
you start monkeying around with something that is already in place --
and like you said earlier, if it's not broke, don't fix it.
Now, back to this letter. How many people throughout this whole
mailing area knew that and thought this was already over and finished
with? Because maybe they would have shown up. Don't forget, most of
these people work.
All the bills that go to your home, you're going to have to
change every one of them, okay? My Social Security, I'm going to have
to change that. My library cards, okay? State and federal agencies
that I deal with. I have to change all that, okay?
One of the things I get bent out of shape with, I would have to
change all my registrations from for the Jockey Club. That's 150
bucks a shot. I have 10 of them. Not only that, it's confusing
enough. And don't forget, Mary Morgan is going to have to know. A
lot of my people who support me are out of this country, out of this
county. So just what does it take to screw this whole thing up?
Golden Gate is bad enough the way it is right now because of the
developer.
Now, something else, too. I read in here street change. It is a
road easement. That property underneath that asphalt still belongs to
me but has the permission to use it for a road easement. You better
check into your -- because all of them out in the Estates are road
easements. They're not public thoroughfares. They're not for
bicycling, they're not for jogging, they're not for anything. A motor
vehicle.
And with that, I'm going to close. But I hope to heck that you
people have the people in mind. Because what seems like a good idea
is a very sour note right on down the line. Thank you.
COMMISSIONER CONSTANTINE: Al, I appreciate your comments. Just
one thought. I'm not sure your last statement was accurate, that the
only easement can only be used by motor vehicles. I don't think
that's accurate.
MR. PINEAU: The way I got it.
COMMISSIONER CONSTANTINE: That's a public road.
MR. PERKINS: It's a public easement. And what it means is the
easement is there, put in place for the use of public vehicles. If
you look it up, you'll find it. You know what I mean?
COMMISSIONER CONSTANTINE: If you look up vehicle, you'll find
bicycle and other things included.
MR. PERKINS: It spells it, licenses and things.
COMMISSIONER CONSTANTINE: Horses might even be included as a
vehicle.
MR. FERNANDEZ: Next speaker is Don Peterson and Mike Davis.
MR. MULHERE: Madam Chairman, while the next speaker is coming
up, Bob Mulhere, planning services director. I do want to just
address briefly the issue of the letter and the dates. These
petitions were continued while we verified the signature page that
were originally scheduled in February. All 400 and some odd envelopes
had to -- they were not sent out. The envelopes were -- the letters
were taken out and replaced. We have had some 27 of those returned to
us. And all of those that were returned to us, because the address is
incorrect or the property owners no longer live there, all do have an
April 13th date on them.
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April 13, 1999
So I can't verify whether or not one of those old letters with
the February date was placed into the envelope, but I do know that 100
percent of the ones that we received back reflect the correct date.
CHAIRWOMAN MAC'KIE: So in fact you didn't just take the old
dated ones -- I mean, you may have apparently -- in Mr. Perkins' case,
he got one with the old date?
MR. MULHERE: I can't verify that was true. Apparently he did,
right.
CHAIRWOMAN MAC'KIE: But as to the balance of -- your general
process was not that you took the old ones out and stuck them in a new
envelope, you printed new letters.
MR. MULHERE: 400 and some odd new letters.
CHAIRWOMAN MAC'KIE: Well, maybe you are the only one that got it
that way.
MR. PERKINS: My next-door neighbor got the same date.
MR. FERNANDEZ: Mike Davis and Mike Devlin.
COMMISSIONER CONSTANTINE: Mr. Davis, you called my home
yesterday, I didn't get that message until 11:00 last night or I would
have returned your call.
CHAIRWOMAN MAC'KIE: He was going to tell you that he thinks that
this is a good idea, because I spoke to him yesterday when he called
my home.
COMMISSIONER DAVIS: Mike Davis, for the record, 6120 18th Avenue
Southwest, hopefully soon to be Cedar Tree Lane.
Thank you, Commissioner. And actually, I was going to encourage
you to support me for the community appearance committee, which you
all did earlier today. And I thank you. I'll leave with the county
administrator the address that I just said so you can send me my
paycheck the next couple of years.
CHAIRWOMAN MAC'KIE: Yeah, hold your breath.
COMMISSIONER DAVIS: One issue I'd like to clear up in talking
with Mr. and Mrs. Devlin, staff indicated that there may have been
some misinformation on that letter went out concerning enhancement to
911. That's actually information, according to what they told me, that
was given to them by the lady in addressing over at development
services, I think maybe it's an observation or is an opinion, and I
don't think was intended to indicate how 911 might feel about that.
I spoke with Chief Peterson this morning, and he has concerns
about the change° The other person I spoke with a couple of weeks ago
was Diane Flagg, head of our EMS Department, who has no problem with
the change, according to what she told me.
With all due respect to Mr. Perkins, it is broken. I've lived in
my house, it will be 25 years this Christmas. I was the first house
out in that area many, many years ago. And 18th Avenue Southwest is
in four different pieces between 1-75 and 951. Had those people that
A1 and I probably think about the same of built -- Golden Gate, built
all those things they were supposed to, you could come off 951 on 18th
and drive all the way to my house. But as my elderly aunt and uncle
found a couple of years ago when they were going to surprise me with a
visit from up around Venice, they drove all around Golden Gate City
trying to find me on 18th Avenue Southwest, finally called, and I
directed them back down to 951, all the way down Green Boulevard to
Santa Barbara and then make the first right across the bridge.
All the years that I've lived there, it will probably be
difficult for me to get out of the habit when I say my address is 6120
Page 90
April 13, 1999
18th Avenue Southwest, west of Santa Barbara Boulevard, because it's
become part of the street name for me.
How the petitions were gathered on my street is the only one I
can really speak to. Ken Thomas, a local painting contractor, I guess
volunteered and went up and down the street house by house and called
me one evening about 9:00 and said, "Here's what we talked about
doing, we have a petition for you to sign, Mike." And I said, "Great,
I would like to sign it." And he said, "Wouldn't you like to know
what the street name is going to be?" I said, "To tell you the truth,
I really don't care, as long as it's changed to something else to get
rid of the confusion of four separate 18th Avenue Southwests."
I know I speak for a lot of people that live in our area, we
would appreciate your support on the issue today. Thank you.
MR. FERNANDEZ: Next speaker is Mike Devlin and then Greg
Johnson.
MR. DEVLIN: Mike Devlin, 5810 20th Avenue Southwest. Really,
just to reiterate what Mr. Davis said, we've had a lot of support and
a lot of kind letters from people. A lot of people say, you know, I
drafted a letter a few years ago, hey, thanks for doing it. Don't
want to take up a lot of your time because basically I'm just going to
say the same thing that Mike said. So thank you. CHAIRWOMAN MAC'KIE: Thank you.
MR. FERNANDEZ: Greg Johnson, and then Lucy Aparicio.
CHAIRWOMAN MAC'KIE: Is Mr. Johnson here?
No. So we'll go to Ms. Aparicio.
MS. APARICIO: I'm Lucy Aparicio. I own a lot on 26th Avenue. I
was never given on any information or literature on a name change of
that particular street. About two weeks ago I did get a notice that
you had approved a name for that street. I have another house. I own
a house and live in it on 24th Avenue Southwest, and I don't know
whether I should talk about that now. MR. FERNANDEZ: Yes.
CHAIRWOMAN MAC'KIE: Yes, ma'am.
MS. APARICIO: What I objected to is the manner in which the
information was written. There was nothing on that form to say that I
could vote no. So the way I construed the letter was that it was the
county that had decided to make the name change, and so I figured it
was a done deal. And then we were given two names to choose from. I
chose neither one of them, and so stated in my return with the dollar
that I sent to the person that sent me the letter.
I also talked to three neighbors on my street, and they all said
the same thing to me. They believe that Collier County had decided
for their own reasons to make name changes. And that's the reason why
they chose one or the other name.
COMMISSIONER CONSTANTINE: Do you have a copy of the letter you
received with you?
MS. APARICIO: I -- the first part, I had to return it, you know,
with my notation. I have the second part, but I don't think that that
really addresses what I'm saying about whether there's a place there
you could say no or yes.
COMMISSIONER CONSTANTINE: I'm just curious when you say you were
under the impression that the county had already made the decision
they were going to change it, where that impression came from. And
that's why I wondered if you had the letter so I could see that.
MS. APARICIO: Well, I guess you could get a copy of the top part
of that letter.
Page 91
April 13, 1999
COMMISSIONER CONSTANTINE: Al, do you have that?
MR. PERKINS: Yes. Would you like to see?
MR. GOCHENAUR: Commissioners, I think Ms. Aparicio may be
confusing the petition letter that gave the name, options, with the
county's letter that announced the public hearing. I'm not sure, but
the copies of the signatures that I got on the petitions were torn
from an 8 1/2 by 11 sheet.
CHAIRWOMAN MAC'KIE: Does that clear it up?
COMMISSIONER CONSTANTINE: Yes, thank you.
MS. APARICIO: I know for a fact that the neighbors that I talked
to had the same impression, that they couldn't vote no on a name
change, that it was something that was already decided on. And then
I'm given two names. And 24th Avenue Southwest is concerned about the
naming of the street. The ones that I talked to didn't like the
names, and I didn't and so stated on my return. But I didn't circle
either one of the names.
And so long as we have to go through all of the changes, as this
gentleman mentioned, I have to do the same thing. And I've got to do
it on two pieces of property and everything else that's involved. And
I object to the -- it's unacceptable the way they sent this
information out, do you want a name change or don't you want a name
change? If you want a name change, then you have the options of these
two names. Did anybody come to our houses and say well, have you got
a name that you would like to have the board consider? That wasn't
done either.
So here we are on 24th Avenue, thinking that you were the -- the
county had made the decision to change the names, and then somebody
else on another street picks our name. And I don't like it. And from
what I understand, a good majority of the people on that street don't
like it, but they went ahead and they circled one or the other,
thinking they had to do it.
CHAIRWOMAN MAC'KIE: Thank you, ma'am.
MS. APARICIO: So this is what my objection is.
CHAIRWOMAN MAC'KIE: Yes, ma'am.
MR. FERNANDEZ: Next speaker is Tatiana Toledo and then Julia Lee
and then Tom Lee.
MS. TOLEDO: Hello. My name is Tatiana Toledo and I just want to
say thank you, Donna Devlin, for doing this for us. You're right,
she's not a professional counsel person to change the street names.
She took it upon herself. She did the best she did. We helped her.
We all donated money to change the street names. It's not going to
cost the county anything. So a lot of people are in support of this
and I hope you vote yes. Thank you. CHAIRWOMAN MAC'KIE: Thank you.
MR. FERNANDEZ: Julia Lee and Tom Lee.
MS. LEE: Good afternoon, Madam Chair, Mr. Constantine,
Commissioners. Thank you. We are very enthused about the possible
name change, and I speak for the people on my street, which is 22nd
Avenue Southwest. We're all very enthused and overwhelmingly in favor
of the change. I welcome it because I've had to rescue a delivery
truck from somewhere in Golden Gate City with my washing machine
aboard and a couple of relatives who made a wrong turn and got in
there looking for a 22nd and found about three other designated
22nd's. And so Seagrass Lane is quite appealing to me. I rather like
it. And I hope you will favor us with your decision in favor of. I
thank you. Thank you, Mr. Constantine.
Page 92
April 13, 1999
CHAIRWOMAN MAC'KIE: Thank you. Is this our last speaker?
MR. FERNANDEZ: Mr. Lee. Yes, this is our last speaker. Tom
Lee.
MR. LEE: Yes, I won't take much of your time. We just sat down
about three or four months ago, originally introducing the idea of
name change. And we had to get 51 percent. The guy called, Mr.
Devlin had the 51 percent. So this lady here, where she spoke to a
few people, well, what can I tell you? But 51 percent of each street
voted to have their name change. And with the confusion of Santa
Barbara separating one side to the other side, people get lost all the
time. This way when you have one particular street name, there's no
way of getting lost. And EMS, I understand, had a little confusion
there. But my opinion, I'm in favor of it. Everybody likes to live
somewhere where you can say this is my street. And that's my vote, is
yes. Thank you very much.
CHAIRWOMAN MAC'KIE: You're welcome.
MR. FERNANDEZ: No other speakers, Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Questions or comments from board members?
MR. GOCHENAUR: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes, sir.
MR. GOCHENAUR: I've been asked to try to clarify something that
I apparently didn't explain very well. The county sends out only
letters of notification for the hearing. Whatever letters were
received, the petitions or any other letter, was not the county's.
The county gives no options as far as the name changes, for the
record. Thank you.
COMMISSIONER CARTER: I have a question. Did the people who want
to do the name changes come to the county for any guidance or support
in process?
MR. GOCHENAUR: They come to the county for the forms necessary,
and we explain the process necessary to submit the petition. There's
a minimal fee, a mailing fee, and an application form that's filled
out. Also, certain requirements. But that's the extent of the
explanation that we give.
CHAIRWOMAN MAC'KIE: Other questions or comments, or a motion?
COMMISSIONER CARTER: I have several people -- several -- I've
got some faxes of people that object to this. I am a little concerned
about process, and I would like to see the applications or the
petitions. And the lady -- I don't know if the lady who was at the
podium is objecting so much to changing from a numbered avenue to a
named avenue or the process that we went through. I don't want to put
thoughts or interpretations in her mind, but I suspect it was more
process than anything else.
CHAIRWOMAN MAC'KIE: Mr. Weigel, when we vote on these, do we
need to vote on them individually, or can we vote on them in a
package?
MR. WEIGEL: Unless there's no desire to break them out by an
individual commissioner, you can go as a package.
CHAIRWOMAN MAC'KIE: Okay. Is there a motion?
COMMISSIONER: Did you close the public hearing?
CHAIRWOMAN MAC'KIE: I close the public hearing.
COMMISSIONER NORRIS: I'll make a motion that we approve Items
(12)(C), 1 through 6, in a group.
CHAIRWOMAN MAC'KIE: Is there a second for that motion?
Well, I'll second it, get it on the floor.
Do you have comments about it, Commissioner Constantine?
Page 93
April 13, 1999
COMMISSIONER CONSTANTINE: We have had a number of calls, I'm
sure you all have, too, calls and letters concerned about this.
Frankly more voiced objection, I would say, than we've done. This is
about the fourth one where we've done a whole community. We did a
couple of different ones in Logan. Oaks is in process right now.
Years ago they did Livingston.
And I think -- the thing I agree with in particular is perhaps --
and I thought we had this discussion once before, but perhaps we need
to have a particular type of form when we talk about petitions so that
we have some control over what appears on what people are being asked
to sign. So that we don't have any questions raised down the way.
You all have done everything that's in place and required of
staff right now. I'm just suggesting we may want ~- if we're going to
have a petition process available, maybe we ought to have some form to
that petition in the future so that probably some of the questions
coming your way would certainly ease some of the concerns on your end
so that there are no wonderings what's accurate, what's not.
COMMISSIONER CARTER: The other part that I think is the
disclosure that -- you know, if you make a name change in a street,
you have to go through the whole process that A1 Perkins talked about,
of all of the changes and bank statements and everything and
notification. And I just think that people just need to clearly
understand that before they make that decision. That's why I'm
troubled by process here more than anything else.
COMMISSIONER CONSTANTINE: I think it was the four streets that
are just north of Pine Ridge, when they were changed, it was a letter
that went out. It was actually a pretty good example. It was the
second time around for them that they tried. But they went through
the pros and talked about what they perceived as the benefits, but
talked about the cons like Mr. Perkins did. There are some real-life
implications here if you make those changes. And the letter in that
particular case was very good at weighing both of those, so at least
when you made your decision, it was an informed decision. In that
case it was an overwhelming support still for the issue, but it made
it a permanent form in place.
COMMISSIONER CARTER: Well, I would feel more comfortable with
that process than what happened here.
CHAIRWOMAN MAC'KIE: Did I --
COMMISSIONER CONSTANTINE: I'm going to go ahead and support it,
but with the suggestion that we make that change in the future. And
the reason I am is I look in here, and we do have one of them as 53
percent, but we have got 60 percent. One of them has 80 or 86 or
something percent support. 59 percent and 86 percent. I mean, it's
-- the folks we've asked to -- told the process to and asked them to
go out and do particular things to make it happen have done that, and
jumped through all of the hurdles. And I understand there are some
concerns and some valid ones, but it certainly appears that a clear
majority on each one of these streets is in favor of doing it.
CHAIRWOMAN MAC'KIE: I have to say, my thought is just that it
almost seems to me something that the county should be proposing, but
for the burden that it puts on property owners and how grateful I am
that they bring it forward. Because, I'm sorry, guys, but I get lost.
I get lost. That's a shame. I've lived here for 14 years or
something now, so --
COMMISSIONER CONSTANTINE: This will leave a few streets between
Pine Ridge and Green that Pedro Padro (phonetic) and some folks are
Page 94
April 13, 1999
working on some changes for those streets, too, right now. So it will
be uniform all the way up when those last three are completed.
CHAIRWOMAN MAC'KIE: Any further discussion on the motion?
MR. MULHERE: Madam Chairwoman?
CHAIRWOMAN MAC,KIE: Yes.
MR. MULHERE: Very briefly. I did want to let the board know
that we in fact are working on a comprehensive restructuring of the
street naming ordinance. We've worked with Emergency 911, Sheriff's
Office, addressing. We're expecting that to come forward to you in
May or June in conjunction with a revised fee schedule for street
names. So we are in the process of doing that right now. And in
fact, we are at he tail end of that process.
CHAIRWOMAN MAC'KIE: Okay. Motion and a second. All in favor,
please say aye. Opposed?
COMMISSIONER CARTER: Nay.
CHAIRWOMAN MAC'KIE: Passes four to one.
Page 95
RESOLUTION NO. 99~ 209
RESOLUTION RENAMING 28TM AVENUE S.W. TO
"PAINTED LEAF LANE", WHICH STREET IS .~,
LOCATED IN GOLDEN GATE ESTATES UNIT 30 IN - ~.
SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
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 roads;
WHEREAS, the Board of County Commissioners has been requested to confirm the renaming
of 28~ Avenue S.W. to Painted Leaf Lane. This street is located in Section 29, Township 49 South,
Range 26 East, Collier County, Florida, Golden Gate Estates Unit 30, according to the plat thereof,
recorded in Plat Book 7, Page 58, of the Official Records of Collier County, Florida;
WHEREAS, there appears to be no street in Collier County with this name or any similar
sounding name; and
WHEREAS, it is necessary for identification purposes to confirm the name of this street,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from 28~ Avenue S.W. to Painted Leaf Lane and is
eonfn'med as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of
Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County,
and notations made on the referenced Plat.
This Resolution adopted after motion, second and majority vote.
Done this /,~, ~ day of ~ ,1999.
) 4 '~1 ~ ,
ATTEST: ~ cc.. BOARD OF COUNTY COMMISSIONERS
' ltt st as to i hat .maa'$ COLLIER COUNTY, FLORIDA
D ilG T E. BRoCI dierk
l~/aniela S.l{VlaeKie, C rwoman
'T
2q62636 DR. 2535 PG, 1227
Approved as to Form and Legal RgCORHD In O~FICI~ R[¢ORDS 0f COLtI]R ¢0~71, IL
Sufficiency: 04/14/1999 at 01:0[PM D~IGH? B. BIt0Cl, CtllRI
ltBC [~! 6.00
1.00
arjori~M. Student ~ C~[ TO T~! ~Oa~D
INT~IOFFIC! 4TH FLOOR
Assistant County Attorney
~XT 7240
SNR98-13 RESOLUTION/
RESOLUTION No. 99- 21o APR 3 1999
RESOLUTION RENAMING 18TM AVENUE S.W. TO "CEDAR
TREE LANE", WHICH STREET IS LOCATED IN GOLDEN
GATE ESTATES, UNIT 31, IN SECTION 20, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
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 roads; and
WHEREAS, the Board of County Commissioners has been requested to confirm
the renaming of 18th Avenue S.W. to Cedar Tree Lane. This street is located
in Section 20, Township 49 South, Range 26 East, Collier County, Florida,
Golden Gate Estates, Unit 31 Subdivision, according to the plat thereof,
recorded in Plat Book 7, Page 59, of the Official Records of Collier County,
Florida;
WHEREAS, there appears to be no street in Collier County with this name
or any similar sounding name; and
WHEREAS, it is necessary for identification purposes to confirm the name
of this street,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from 18tn Avenue S.W. to Cedar
Tree Lane and is confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public
Records of Collier County, Florida, and noted upon the maps of the street and
zoning atlases of Collier County, and notations made on the referenced Plat.
This Resolution adopted after motion, second and majority vote.
Done this-~.~ /~ day of ~ , 1999.
... , , ~' ,,
": "'A '" ~'''
ATTEST';: ": tt~st',~l$ '~)1"-- BOARD OF COUNTY COMMISSIONERS
&.'~~ ~~ BY:~mela S.' MacKie, Chairwoman
DW ~ GHT~;~/'~ B~Oc K~ f ,C~e ~ k'
Approved as :~b Form and Legal *** 2462637 0R: 2535 PG: 1228 ***
sufficiency:
~ ~ ~ 0,/1,/199~at01:0~P~D,I~HT~.BR0~L CL,R~
' ' d R~C ~ ~,00
~OPI~ 1.00
~ssistant County ~torney Retn:
f/SNa-98-10 ~SOLUTION/ CLBRK T0 THB
BXT 7240
APR J 3 ]999
RESOLUTION NO. 99- 2 ] ~
RESOLUTION RENAMING 26tu AVENUE S.W. TO
"COPPER LEAF LANE", WHICH STREET IS
LOCATED IN GOLODEN GATE ESTATES UNIT 30
IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLOR[DA.
WHEREAS, the Board of County Commissioners is author/zed pursuant to authority of
Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads;
and
WHEREAS, the Board of County Commissioners has been requested to confirm the renaming
of 26~ Avenue S.W. to Copper Leaf Lane. This street is located in Section 29, Township 49 South,
Range 26 East, Collier County, Florida, Golden Gate Estates Unit 30, according to the plat thereof,
recorded in Plat Book 7, Page 58, of the Official Records of Collier County, Florida;
WHEREAS, there appears to be no street in Collier County with this name or any similar
sounding name; and
WHEREAS, it is necessary for identification purposes to confirm the name of this street,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from 26~ Avenue S.W. to Copper leaf Lane and is
confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of
Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County,
and notations made on the referenced Plat.
This Resolution adopted after motion, second and majority vote,
Done this //~ day of ~ ,1999.
ATT~..T:,i; i~Att~,t as to Chairmm'$ BOARD OF COUNTY COMMISSIONERS
:'"" ;' "...:*:' i ~-.:'~, ~'~..': , COLLIER COUNTY, FLOI~A
D.B/I'GHT E. BROCI~4
S.
Kie, Chin
^pprov a to
Sufficiency:
Marjori& ',t.-Student
Assistant County Attorney C~R~ ?o ?lib I~Oi~RD
III?HOFH¢! tT}t ELOOR
SNR-98-12 RESOLUTION/ ]tX? ? 2 ~0
RESOLUTION NO. 99- 212
RESOLUTION RENAMING 20TM AVENUE S.W. TO
"WESTPORT LANE", WHICH STREET IS LOCATED IN
GOLDEN GATE ESTATES, UNIT 31, IN SECTION 20,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
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 roads; and
WHEREAS, the Board of County Commissioners has been requested to confirm
the renaming of 20tn Avenue S.W. to Westport Lane. This street is located
in Section 20, Township 49 South, Range 26 East, Collier County, Florida,
Golden Gate Estates, Unit 31 Subdivision, according to the plat thereof,
recorded in Plat Book 7, Page 59, of the Official Records of Collier County,
Florida;
WHEREAS, there appears to be no street in Collier County with this name
or any similar sounding name; and
WHEREAS, it is necessary for identification purposes to confirm the name
of this street,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from 20tn Avenue S.W. to
Westport Lane and is confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public
Records of Collier County, Florida, and noted upon the maps of the street and
zoning atlases of Collier County, and notations made on the referenced Plat.
This ResolUtion adopted after motion, second and majority vote.
Done this /J_~_~ day of ~ , 1999.
,Att st' $'te Chsj. .,s BOARD OF COUNTY COMMISSIONER~
'DW~HT E.':~BROCKi', ~l/erk - Ppla'S. MacKie, Charwoman
Approved as to Form and Legal *** 2462639 OR: 2535 PG:1230
Sufficiency: RBCORDBD in O~ICllh R~CO~BS of COLLI~ CO~TI, ~h
~, . ~, _. ~. 01/I1/1999 at 01:06PM DWIGHT ~. BROCK,
RBC F~B 6, O0
Marjo~ie M. Student COPIBS 1.OO
Assistant County Attorney
Ch~RK T0 TH~ BOARD
f/SNR-98-9 ~SOLUTION/ ~~ ~
AP PR 3
RESOLUTION NO. 99-
RESOLUTION RENAMING 24TH AVENUE S.W. TO "STAR
GRASS LANE", WHICH STREET IS LOCATED IN GOLDEN
GATE ESTATES, UNIT 31, IN SECTION 20, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Board of County Commissioners is authorized pursuant to
authority of Chapter 336.05, .Florida Statutes, to name or rename streets and
roads, except for certain state roads; and
WHEREAS, the Board of County Commissioners has been requested to confirm
the renaming of 24th Avenue S.W. to Star Grass Lane. This street is located
in Section 20, Township 49 South, Range 26 East, Collier County, Florida,
Golden Gate Estates, Unit 31 Subdivision, according to the plat thereof,
recorded in Plat Book 7, Page 59, of the Official Records of Collier County,
Florida;
WHEREAS, there appears to be no street in Collier County with this name
or any similar sounding name; and
WHEREAS, it is necessary for identification purposes to confirm the name
of this street,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from 24th Avenue S.W. to Star
Grass Lane and is confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public
Records of Collier County, Florida, and noted upon the maps of the street and
zoning atlases of Collier County, and notations made on the referenced Plat.
This Resolution adopted after motion, second and majority vote.
Done,~t~is~ ~ /~~ day of .
~..:~, , 1999
,Attest ~$<t0 .CNa~l~n'$ BOARD OF COUNTY COMMISSlONER~
.. '"' '~]~. COLLIER COUNTY, FLORIDA
D~GHT ~'~,-,,B:RQCK-,;'..dlerk.::.~;,. ' ~eVa ~. ~a~Ki~, Chaifoman
Approved as to Form and Legal *** 2462640 0m: 2535 PG: 1231 ***
Sufficiency:
Nat~o~ie N. Student CO~I~ ~.00
Assistant County Attorney
C~K ~0 ~,] BOA~D
f/SNR-98-7 ~SOLUTION/ I~0~I~ {~ ~00~
EXT 7240
RESOLUTION NO. 99- 214
RESOLUTION RENAMING 22nd AVENUE S.W. TO "SEA
GRASS LANE", WHICH STREET IS LOCATED IN GOLDEN
GATE ESTATES, UNIT 31, IN SECTION 20, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
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 roads; and
WHEREAS, the Board of County Commissioners has been requested to confirm
the renaming of 22nd Avenue S.W. to Sea Grass Lane. This street is located
in Section 20, Township 49 South, Range 26 East, Collier County, Florida,
Golden Gate Estates, Unit 31 Subdivision, according to the plat thereof,
recorded in Plat Book 7, Page 59, of the Official Records of Collier County,
Florida;
WHEREAS, there appears to be no street in Collier County with this name
or any similar sounding name; and
WHEREAS, it is necessary for identification purposes to confirm the name
of this street,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
The name of this street is hereby changed from 22nd Avenue S.W. to Sea
Grass Lane and is confirmed as such.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public
Records of Collier County, Florida, and noted upon the maps of the street and
zoning atlases of Collier County, and notations made on the referenced Plat.
This Resolution adopted after motion, second and majority vote.
Done this /~.~ day of ~ , 1999.
ATTEST: :.',~:Attest is ~to Chal~m~fl's BOARD OF COUNTY COMMISSIONERS
Approv2d~ "".,
' O:: orm *** 2462641 0R: 2535 PG: 1232 ***
Sufficiency: :' ':' HCORDBD in O~lClAC RECORDS 0f COLLIER COUNTT, ~L
Marjo~e M.Student . ~ CO~I~S 1.00
Assistant County Attorney Retn',
CCBRK TO THB BOARD
f/SNR-98-8 ~O~UTION/ IN?BRO~IC8 ~T~ KO0~
April 13, 1999
Item #12C?
ORDINANCE 99-26 AMENDING THE CODE ENFORCEMENT BOARD ORDINANCE BY
PROVIDING THE ABILITY TO ESTABLISH MORE THAN ONE BOARD AND INCREASING
THE STATUS OF LIENS FILED BY THE BOARD ADOPTED
Last item on our regular agenda is -- I have to turn the page.
It's a code enforcement matter. So we'll get Ms. Arnold back up here
again.
MS. ARNOLD: For the record, Michelle Arnold, code enforcement
director. This is an ordinance change that's being proposed. It's
the Code Enforcement Board ordinance, and we're recommending
modification to this ordinance to clarify certain issues. The first
would be to modify the language that already gives the board the
ability to add an additional Code Enforcement Board when they find it
necessary. The language has been modified slightly so that the board
would have the ability to add as many --
COMMISSIONER CONSTANTINE: I'm terribly sorry to interrupt. If
she closed the public hearing, I'll make a motion that we approve
staff's recommendations.
CHAIRWOMAN MAC'KIE: Any registered speakers?
MR. FERNANDEZ: No.
CHAIRWOMAN MAC'KIE: Public hearing is closed.
COMMISSIONER CONSTANTINE: I'll make a motion we approve staff's
recommendation.
COMMISSIONER NORRIS: Great presentation.
CHAIRWOMAN MAC'KIE: Anybody want to go out on a limb and second
that motion?
COMMISSIONER CARTER: Second.
COMMISSIONER NORRIS: I'll second it.
CHAIRWOMAN MAC'KIE: Ail in favor, say aye?
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously. Thank you for that
good work.
Item #15A
DISCUSSION REGARDING MEETING BETWEEN THE BCC AND THE CITY OF NAPLES
Staff communications, Mr. Weigel?
MR. WEIGEL: None, other than I'll be Orlando at a seminar later
on this week, Thursday, Friday.
COMMISSIONER CONSTANTINE: Have a good time.
CHAIRWOMAN MAC'KIE: And Mr. Fernandez?
MR. FERNANDEZ: None. Thank you.
CHAIRWOMAN MAC'KIE: Ms. Berry?
COMMISSIONER BERRY: Nothing.
CHAIRWOMAN MAC'KIE: Mr. Norris?
COMMISSIONER NORRIS: I just have one. I've noticed that you
have asked for a neighborhood meeting down in Naples. Earlier
correspondence, I believe it's the same meeting between you and Mr.
Fernandez that indicated that perhaps we need board direction, because
even the chairman doesn't have the latitude to unilaterally commit
county staff to do functions. So where are we? Did I sleep through
the authorization for this for the board direction?
Page 96
April 13, 1999
CHAIRWOMAN MAC'KIE: Maybe you slept through understanding what
the request was. Because as a matter of fact, once Mr. Fernandez
understood what my request was, he more or less rescinded his memo, as
I understood it. I'm merely asking that staff assist me in a public
workshop at City Hall. Not any kind of a joint official workshop
between the city and county, just like you might have --
COMMISSIONER CONSTANTINE: Not a whole lot different than if I
had a landfill meeting in Golden Gate and Mr. Ilschner came.
CHAIRWOMAN MAC'KIE: I would go through Mr. Fernandez, of course,
because I can't tell Mr. Cautero what to do. But I can ask Mr.
Fernandez to schedule that and we are working on that. Although the
current time that we're working on it doesn't work for me, and I want
to get more notice out to the community and that kind of thing. But
it may have been that you had the same misunderstanding that Mr.
Fernandez had.
Anybody else?
COMMISSIONER CARTER: I've got two or three items here that I
would just like some clarification on.
One, Commissioner Norris, you sent a letter down to Mr. Fernandez
on EMS fire issues, and I want to let you know that I have written a
position paper on this that I will soon have done and get to all the
commissioners, because I think that this is a very serious issue
that's in front of us. And with some other implications that are
going on. And I don't think is the point that I want to discuss all
of this, but I just wanted to let you know publicly that I support
what you have recognized in your memo to Mr. Fernandez. COMMISSIONER NORRIS: Okay.
CHAIRWOMAN MAC'KIE: Just on that point, I've written a memo back
pointing out that those were approved by the majority of the board.
COMMISSIONER NORRIS: Oh, no, not all of them.
CHAIRWOMAN MAC'KIE: Ail but the two that you allege exist, that
I think don't.
COMMISSIONER NORRIS: I think you better read my memo again.
CHAIRWOMAN MAC'KIE: One is a budget item yet to come. But there
are two that have specifically been voted on. One, that you have to
come; and two, that you say is some dissension caused by
administration, that I disagree with that. But all the more reason
why we'll be having a full discussion on it, I'm sure.
Item #15B
DISCUSSION BY COMMISSIONER CARTER RE STREETSCAPE COMMITTEE
COMMISSIONER CARTER: I would imagine. Okay. Streetscape
committee, which I am involved with. This is just a clarification for
my point. Do I need to do anything further other than advise the
board of what I've been doing and give a list of the people who have
been participating? Do I need to do anything further on that?
Because it will all fold into what we did this morning with the GNCA.
CHAIRWOMAN MAC'KIE: My personal thought was that it would roll
into the GNCA work and, therefore, we could receive it in a package.
But you know better than I.
COMMISSIONER CARTER: That is a direction. Originally it started
with signage, it expanded into a bigger perspective and we're trying
to put together a number of issues in that that will fold into the
other program. So I'm only asking for clarification. Do I need to
Page 97
April 13, 1999
communicate more than my memo to the board? Do I need to do anything
else?
CHAIRWOMAN MAC'KIE: How does the rest of the board feel? Folded
into the GNCA select committee, or have a separate presentation on it?
COMMISSIONER NORRIS: I think that we should have a separate
presentation. GNCA is a fine organization and they really don't have
any issue of official authority.
CHAIRWOMAN MAC'KIE: I meant the select committee. I shouldn't
have called it that. The select committee that we appointed today.
COMMISSIONER CARTER: Well, our original plan was to bring our
work back to this board and turn that over to the select committee.
CHAIRWOMAN MAC'KIE: I certainly wouldn't want to interfere with
your plan. That sounds like the way to go.
COMMISSIONER CARTER: If that works all right with everybody,
then we'll just move forward.
COMMISSIONER NORRIS: That's fine.
COMMISSIONER CARTER: Okay, fine.
CHAIRWOMAN MAC'KIE: Commissioner Constantine, anything?
COMMISSIONER CONSTANTINE: No. Having done seven changes to the
agenda the first thing this morning, I wouldn't dare add anything now.
CHAIRWOMAN MAC'KIE: Okay. I have nothing. I guess, Mr. Weigel,
the procedure would be to adjourn this meeting and start with our
workshop?
MR. WEIGEL: That is correct. And a question has been raised as
to any public participation or questions of the board or participation
in the workshop. If you want to clarify that early on.
CHAIRWOMAN MAC'KIE: We'll adjourn the Board of the County
Commissioner's official meeting and start our workshop on capital
projects and sales tax.
***** Commissioner Norris moved, seconded by Commissioner Carter and
carried unanimously, that the following items under the Consent and
Summary Agenda be Approved and/or Adopted with the exception of Item
#16All which was 4/0 (Commissioner Mac,Kie abstained) *****
Item #16A1
SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 98-413 BINA
PROPERTIES CORP., 80310-064; 80310-065; AND 80310-066
Page 98
APR 1 3 EIg.q
This instrument prepared by: FOR CLERK'S USE ONLY
Heidi Ashton
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 00265120000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 98-413 against:
Bina Properties Corp.
3615 Aquia Dr.
Stafford, VA. 22554-2704
The lien was recorded on November 09, 1998 Official Record Book 2478, Page 3100, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Six Hundred Fifty (650.00) plus accrued interest and
penalties, if any, and imposes certain obligation against real property situated in Collier
County, Florida, which property is described as follows:
The East one-half (E-1/2) of the Southwest one-quarter (SW-1/4) of the Southwest
one-quarter (SW-1/4) of the Northeast one-quarter (NE-l/4) and the West one-half
(W-1/2) of the Southeast one-quarter (SE-1/4) of the Southwest one-quarter (SW-1/4)
of the Northeast one quarter (NE-l/4) of Section 23, Township 49 South, Range 25
East, all lying and being in Collier County Florida.
80310-064,80310-065,80310-066 Folio#00265120000
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution and l;ecording of the Satisfaction of Lien, by
action of the Board this /~ day of ~ ,1999.
;~ BOARD OF COUNTY COMMISSIONERS
~:;Clerk COLLIER COUNTY, FLORIDA
By
$t '-'" $ Chairwoman
= , *** 2462642 OR: 2535 PG: 1233 ***
--- ~~ppmveu as to fo~ aSc ~s ~.00
and legal sufficiency
letn:
~IT 7240
April 13, 1999
Item #16A2
SECOND AMENDMENT TO THE 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND VISIT NAPLES, INC.
Page 99
SECOND AMENDMENT TO 1997 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND VISIT NAPLES, INC.
REGARDING ADVERTISING AND PROMOTION
THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this
ff~ day of ~999, by and between Visit Naples, Inc., hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY."
RECITALS
WHEREAS, the GRANTEE and the COUNTY entered into a 1997 Tourism Agreement
datedAugust 5, 1997 (the "Tourism Agreement") in the amount of $580,200.00; and
WHEREAS, the GRANTEE desires to amend the line item budget attached as Exhibit
"A" to the Tourism Agreement; and
WHEREAS, the GRANTEE and the COUNTY desire to amend the Tourism Agreement.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND
OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced
with the new Exhibit "A" attached to this amendment.
2. Except as set forth herein, all of the terms and provisions of the Tourism Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
.?
BOARD OF COUNTY COMMISSIONERS
:~ Clerk COLLI~COUNTY, FLORIDA
B
Attest as to Cha rea '$
stg. ature
WITNESSES: GRANTEE
Visit Naples, Inc.
Printed/Typed Name
(corporate seal)
Approved as to form and
H~eidi F'~ Asht~n ' --
Assistant County Attorney
h:hWhfa/99 tdc agreementff2nd Amendment Visit Naples, Inc.
2
Sent by: HU[ 9416438331 02/22/99 10:19AM Job 923 Page 3/4
EXHIBIT"A" - revised 2/15/99
1998 PROGRAM BUDGET
1998 B.ED TAX ALLOCATION $580,200.00
PROMOTION
Advertising 229,835.80
media placement
Professional Pubic Relations Services 82,847.32
includes strategic planning, facilitating marketing plans,
designing promotional materials and programs, and
media liaison services
Production 24,060.61
includes graphic design and layout services, slide reproductions,
text translation and photography
Collateral Materials I i 7,229. I 0
includes the printing of the destination guides, newsletters
and other pieces
Media Relations 37,927.36
includes photocopies, mileage, news release production and
distribution and press excursion expenses
Travel Agent Relations Expenses 7,525.00
includes communications, mileage, postage and on-site
familiarization expenses
Trade Show Expenses 24,580.24
includes booth registration, supplies and travel expenses
Collaborative Efforts w/Marco Island & The Everglades CVB 0
includes familiarization trips, trade shows and joint advertising
PROGRAM EVALUATION
Market Research 5,418.27
includes collecting and assembling occupancy and visitor data
Clipping Service 1,817.85
Sent by: HUI 9416438331 02/22/99 10:19AM Job 923 Page 4/4
ADMINISTRATION
Accounting Services 7,676.25
Insurance 9,333. ! 5
Administrative Costs 16,000.00
includes postage, telephone expenses, mileage, subscriptions,
and other office costs
FULFILLMENT
Fulfillment Services
includes 800 service calls, brochure mailing, faxes,
postage and other fulfillment services 15,948.15
TOTAL $580,200.00
April 13, 1999
Item #16A3
FINAL PLAT OF VILLAS AT GREENWOOD LAKE - SUBJECT TO CONSTRUCTION,
MAINTENANCE AND ESCROW AGREEMENT AND STIPULATIONS
Page 100
FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : MAR. 11 1999 03:47PM P2
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS AGREEMENT entered into this ~,/~-$/:~ day of
~1999 by A.R.M. DEVELOPMI~T CORP. OF NAPLES,/NC., A FLORIDA
CORPORATION, (hereina/ter "Developer"), THE BOARD OF COUNTY COMMISSIO~RS OF
COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and ATLANTIC STATES BANK,
(hereinafter "Lender").
PI~lvIIS]~S,
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by thc Board of a certain plat of a subdivision to be known as: Villas at Oreenwood Lake.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Agnoli,
Barber and Brundage, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1.
For purposes of this Agreement, the "Required Improvements" are limited to those described in the
Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of
the Unified Land Development Code requires the Developer to provide appropriate guarantees for
the construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer
dated/~y~q/~ ~ (thc "Cons~on' Loan") to fund the Mst ofthe Required Improvements.
E. Dcvclopcr and the Board have acknowledged that the amount Developer is required
to guarantee pursuant to this Agreement is $.814~6g$.05. and this amount represents 110% of the
Developer's engineer's estimate of the construction costs for the Required Improvements.
1
FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : MAR. 11 1999 03:47PM P3
~PR ,~ ~ 1999
NOW, THEREFORE, in consideration of the foregoing premise and mutual covenants
herdna~r set forth, Developer, the Board and the Lendel' do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the
Required Improvements, to be constructed pursuant to specifications that have been approved by the
Development Services Director within 36 months from the date of approval of said subdivision pht.
2. Developer hereby authorizes Lender to hold $814.688.05 from the Construction
Loan, in escrow, pursuant to the terms of this Agreement.
3. Lender agrees t~ hold in escrow $814.688.05. from the Constru~'tion Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not
constitute a draw against the Construction Loan fund, but that only such funds as are actually
disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue
interest.
4. The escrowed funds shall be released to the Developer only upon written approval
of the Development Services Director who shall approve the release of the funds on deposit not more
· a- once a month to the Developer, in amounts due for work done to date based on the laercentage
completion of the work multiplied by the respective work costs l~ss ten percent (10%); and further,
that upon completion of the work, the Development Services Director shall approve the release of
any remainder ~f escrowed fimds except to.the extent of $74.062.55 which shall remain in escrow
as a Developer guaranty of ma~ of the Required Improvements for a minimum period of one
(1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail
to comply with the rcquirements of this Agreement, then the Lender agrees to pay to the County
h~mlediately upon demand the balance of the funds held in escrow by the Lender, as of the date of
the demand, provided that upon payment of such balance to the County, the County will have
executed and delivered 'to the Lender in exchange for such funds a statement to be signed by the
Development Service Director to the effect that:
FROH : AGNOLI BARBER BRUNDAGE PHONE NO. : MAR. il 1999 03:48PM P4
(a) DeveloPer for more t_.hs_~t sixty (60) days after written notification of such
failure l~as failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under
the terms of the above-mentioned contract or will complete such portion o£
such work as the County, in its sole discretion shall deem necessary in the
public interest to the extent of the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction
of the Required Improvements, engineerin$, lettal and contingent costs and
expenses, and to offset any damages, either direct or consequential, which the
County may sustain on account of the failure of the Developer to carry out
and execute the above-mentioned development work; and,
(d) The County will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of'the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be paid
to the Developer shall constitute authorization by the County to the Lender for release of the
specified funds to the Devel. oper. Payment by the I.,ender to the Developer of the amounts ,specified
in a letter of authorization by the County to the Lender shall constitute a release by the County and
Developer of the Lender for the funds disbursed in accordance with the letter of authorization from
the County.
6. The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the Development Services Director for compliance with
the Collier County Subdivision Regulations.
FRO~ : AGNOLI BARBER BRUNDAG~ PHON~ NO. : MAR. ll 1999 03:~9PM PS
APR ~ ~ 199~
7. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve' the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the Required Improvements. However, in no event shall the
Development Services Director refuse preliminary approval of the improvements ffthey are in fact
construetecl and submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, al~ duly considering the public inter't, may at its option complete the
R. equired Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than
those pl~ced in deposit by the Developer in accordance with the foregoing provision; provided, that
the Lender does not release any monies to the Developer or to any other person except as sta~d in
this E~row Agreement.
10. The Developer shill maintain all Required Improvements for one year ax~er
preliminary approval by the Development Services Director. Aider the one year maintenance period
by the Developer and upon submission ora written request for inspection, the Development Services
Director shall inspect the Required Improvements and, if found to be still in compliance with the
Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this
Agreement is tcrmi~ted. The Developer's responsibility for maintenance of the required
improvements shall continue unless or ur~til the Board ~cepts maintenance responsibility for and
by the Counv/.
11. All of the terms, covena~.ts and conditions herein contained are and shall be binding
upon the Developer and Lender, the respective successors and assigns of the Developer and Lendea'.
FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : MAR. 11 199B 03:50PM P6
APg ~ ~ ~q~.~
IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this
Agreement to be executed by their duly authorized representatives this /.~/. day of
, 1999.
A. tLM, DEVELOP~ CORP. OF INC,,
SIONED, SEALED AND DELIVERED A FLORIDA CO .RP~TION NAPLES,
0VADIA R."]~LIAS, PR~SIDE~,
Printed name
Printed name
ATLANTIC STATES BANK
Printed name Printed name V
Printed name
· ,ATTEST:~ ~. ~:,:,.e'~:, -. BOARD O~_~20UNTY COMMISSIONF_~,/,
,~"z ..... ~ · .~, '.li
:..,::~.'~::?~/~,~'/a'~'~. Clerk L C ~, C MAN
Al~°Ved '~'"tO¥6nnand Attest as to Chatrmm'$
legal ~fficiency: . stg. ature only.
COLLIER COUNTY ATTORNEY
03-47~j9.4o¢
&d W~0~:£0 666~ 'rT '~W : 'ON B~O~ BO~B ~BB~B I~0~ : ~0~
FROM : AGNOLI BARBER BRUNDAGE PHONE NO. : MAR. 11 1999 03:51PM P8
~ ~ Z "J
m ~~
FR~'~ : AGNOLI BARB~_R BRUNDAGE PHONE NO. : MAR. ii 1999 03:S1PM P9
April 13, 1999
Item #16A4
SITE ALTERNATIONS EXCEEDING 25 ACRES FOR CLEARING AND FILLING IN THE
CEDAR HAMMOCK GOLF COURSE DEVELOPMENT
Item #16A5 - Moved to Item #8A9
Item #16A6 - Moved to Item #8A10
Item #16A7
SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 94-496 RE PAUL
RIDDLEBERGER, JR., #20916-095
Page 101
Ret.: 2462902 OR: 2535 PO: 1994 ***
CLIilK TO ?H! BOARD UCO~ID In the OFfiCIAL RBCORDS 0E COLLIBR COUNTY, IL RIO FBB 6.00
I~BROFFICB 4TH FL~R 04/15/I900 at 09:14~ DWI~T l. BRai, CLBRE COPIBS 1.00
BIT 7240
This instrument prepared by: FOR ~LERK'~ U~E ONLY
Heidi Ashton
Offioe of the ~oun~ A~orney
3301 East Tamiami Trail .~P~ '~ %~ ~99~
Naples, Florida 34112
(941) 774-8400
Property Folio No. 62204480008
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 94-496 against:
Paul L. Riddleberger Jr.
652 94th Ave N.
Naples, Florida 33963
The lien was recorded on August 18, 1994 Official Record Book 1977, Page 1746, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Forty Five ($245.00), plus accrued
interest and penalties, if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
Lot 10, Block 6, Naples Manor Extension, according to
the plat thereof, recorded in Plat Book 3, Page 101, of
the Public Records of Collier County, Florida.
REFERENCE:
Folio #62204480008
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by
action of the Board this //,~;;e¢, day of ~ ,1999.
ATTEST: .'.,;~ BOARD OF COUNTY COMMISSIONERS
' ~,,... elaS. Mac
Attes'~' as' to~,Chat~'S Chai~oman
signature on]x,
~s~tant County
April 13, 1999
Item #16A8
RESOLUTION 99-189 AND AGREEMENT AUTHORIZING A 50% WAIVER/50% DEFERRAL
OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY TIMOTHY M. RINGER AND
MOLLY A RINGER AT 4225 56Ta AVENUE N.E. IN GOLDEN GATE ESTATES
Page 102
2462901 OR: 2535 PG: 1986
CLERK TO THE BOARD RBCORDED in the OPPICIAL R~CO~DS of COLLIER COUNT~, P5 COPIES 8,00
INTBRO$EICB 4TH ~LOOR 04/15/1999 at 09:13AH D~IGHT B, BROCK, CLBRK
AG~EMENT FOR 50%W~VE~50% DEFE~ OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this/~ day of
~ , 1999 by ~d between the Bo~d of County Commissioners of Collier
Co,W, Florida, hereina~er refe~ed to as "CO~TY" ~d Timothy M. ~nger ~d Molly A.
~nger, hereina~er refe~ed to as "O~ER."
WITNESSETH:
~E~AS, Collier County Ordinate No. 88-97, as ~ended, the Collier Co~ty
Libr~ System Impact Fee Ordin~ce; Collier County Ordinate No. 88-96, as ~ended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinate; Collier CounW
Ordinance No. 91-71, as ~ended, the Collier County Emergency Medical Semites System
Impact Fee Ordinate; Collier County Ordinate No. 92-22, as ~ended, the Collier Co~ty
Road Impact Fee Ordinance; Collier County Ordinate No. 92-33, ~ ~ended, the Collier
Co~ty Educational Facilities System Impact Fee Ordinate; as they may be fu~her ~ended
from time to time hereina~er collectively refe~ed to as "Impact Fee Ordinate", provide for
waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing;
~d
WHE~AS, O~ER has applied for a 50% waiver/50% defe~al of impact fees as
required by the Impact Fee Ordin~ce, a copy of said application is on file in the office of
Housing and Urb~ Improvement Depa~ment; ~d
WHE~AS, the County Administrator or his desi~ee has reviewed the O~R's
application ~d has found ~at it complies with the requirements for ~ affordable housing 50%
w~ver/50% defe~al of impact fees as established in the Impact Fee Ordinate; ~d
~E~AS, the impact fee waiver/defe~al shall be presented in lieu of payment of ~e
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinate qualifying
the project as eligible for ~ impact fee waiver/defe~al and
OR: 2535 PG: 1987
3 19 9
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99-//,jv~ at its regular meeting of.~~.~_~L 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 tree 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 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;
OR: 2535 PG: 1988
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 $3,929.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral 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/deferral 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/deferred 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.
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 deferred impact
OR: 2535 PG: 1989
{999
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/deferred 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 mn 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 (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/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
OR: 2535 PG: 1990
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.
' esses: _ ~ OWNER:
- - l~i~'othy M. l~nger
STATE OF ~2~-, O ~-7- )
COUNTY OF ~Z-/,-/e,~. )
The foregoing instrument was acknowledged before me this ..2- ~.. day of
,/~~ , 1999, by Timothy M. Ringer. He is personally known to me or
produced,iw.. ~'~.-~';:~,- ~l.~ -6~, '-(type of identification) as identification. q,+~--o
[NOT ,A~,AE' SEALl ~r~ature of Person Taking Ackno'~l'edgment
;
- iL.7.
OR: 2535 PG: 1991
APR i 3 i999
Witnesses: OWNER:
~l~n~g' /P~?~,~l~. Molly A. R~ger
t Nme ~~ ~ ~
STATEOF ~~ D~ )
CO~TY OF ~/~ ~ )
The foregoing instrument was ac~owledged before me this ~ day of
~~ ,1999, by Molly A. Ringer. She is personally ~own to me or produced
.. ' ~ ~~/- ~ -8 ~1 -~ (t~e of identification) as identification.
~oT~ semi ~nature of Person T~ing
DATED~~/~ / Y~
' ..... *~ ~. o',c, BO~ OF CO~TY COMISSIONERS
' ATTEST: .:.:'.~ COLLIE~ CO~TY, FLOmDA
-(; .... P~ELA S. MAC'~E, CHARWOMAN
Attest' a~ to..ChatS,~'
sl~ature
Approved ~ to fo~ ~d
legal sufficiency
Heidi F. Ashton
Assist~t County Attorney
id/c/agreements/ringer
6
OR: 2535 PG: 1992
~PR ~ ~ ~999
EXHIBIT 'A'
LEGAL DISCRIPTION
TIMOTHY M. RINGER AND MOLLY A. RINGER RESIDENCE
THE WEST 180 FT. OF TRACT 66, UNIT 40, IN GOLDEN GATE ESTATES
ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7,
PAGE 26, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
0?:23 9414559895 ALi A~-RIGAN H~S I PA~ 82
! -
(
i'
!
· G.5',G'-- : ., ~i;'..C~: .~ 8,~.4~''-- ",.
VACANT ~Ly
1~51DL"H~ VACAJ~r
~ ~'"' ,!.- ,,.
~.,,~A~ ( ~' v l,~,, F-''~ I ~ I
~ I" -~ ~ ~ HOM~ I~C.
~ DI~:
R~SOLUTION NO. 99- ~ 89
R~SOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA~ AUTHORI~INO 50% WAIVER $0%
DEFER_R~L OF LIBR.~d~Y SYSTEM IMPACT FEES, P~RKS AND
I~CREATION~L FACILITIES IMPACT FEES, RO~D IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, AND
EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE
HOUSE TO BE CONSTRUCTED BY TIMOTHY M. RINGER AND
MOLLY A. RINGER 4225 56TM AVENUE N. E., GOLDEN GATE
ESTATES IN COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
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
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
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Timothy M. Ringer and Molly A. Ringer are seeking a 50% waiver/50% deferral
of impact fees; and
WHEREAS, Timothy M. Ringer and Molly A. Ringer will construct a three bedroom unit (the
"Dwelling Unit") at 4225 56th Avenue N. E., Golden Gate Estates in Collier County, Florida; and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Timothy M. Ringer and Molly A. Ringer submitted to the office of the Housing
and Urban Improvement Department an Affordable Housing Application dated March 4, 1999 for a
50% waiver/50% deferral of impact fees for the construction of a house at 4225 56th Avenue N. E.,
Golden Gate Estates in Collier County, Florida, a copy of said application is on file in the Housing
and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance,
Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact
Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 50%
waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and
WHEREAS, Timothy M. Ringer and Molly A. Ringer have qualified for an impact fee
waiver/deferral based upon the following representations made by Timothy M. Ringer and Molly A.
Ringer:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a low income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
purchase the unit must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Timothy M. Ringer and Molly
A. Ringer for one (1) house which shall be constructed at 4225 56th Avenue, N. E. Golden Gate
Estates in Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Timothy M. Ringer and Molly A. Ringer, or
other documentation acceptable to the County Attorney, the Board of County Commissioners
hereby authorizes the payment by Collier County of the following impact fees from the
Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to
be built at 4225 56th Avenue N. E. in Collier County, Florida by Timothy M. Ringer and Molly
A. Ringer:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Regional Parks 179.00
(2) Community Parks 399.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1.778.00
Total Impact Fees $ 3,292.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST:', ,,,,.~- BOARD OF COUNTY COMMISSIONERS
dApproved as.to,to~ an
legal sufficiency:
Heidi F. Ashton
Assist~t County A~tomey
jd/e/reso/ringer
EXHIBIT "A"
LEGAL DESCRIPTION
TIMOTHY M. RINGER AND MOLLY A. RINGER RESIDENCE
THE WEST 180 FT. OF TRACT 66, UNIT 40, IN GOLDEN GATE ESTATES, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 26, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
ReceJ. ved: 3110/B9; 4:40PI/; 8414559895 -> HUT; //2
!
V~ ~ILY
.., ~.~ ~WAY
.
~ ~ 3~ ~ ~ ~y
~, ~ A ~ ~ ~ ~ .....
~ ~ ~TA~
April 13, 1999
Item #16A9
RESOLUTION 99-190 AND AGREEMENT AUTHORIZING A 50% WAIVER/50% DEFERRAL
OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY SUSAN J. FREDERICK AT 2440
8Ta STREET N.E. IN GOLDEN GATE ESTATES, COLLIER COUNTY
Page 103
Retn: 2462900 OR: 2535 PG: 1978
CLllRK TO THE BOARD RBCORDBD in the OFFICIAL I~SCODS of COLLIBR COUNTY, FL COPIBS 8.00
INTBROFFICB 4TH FLOOR 04/15/1999 at 09:13AH DWIGHT B. BROCK, CLBRK
HT 7240
AG~EMENT FOR 50%W~VEWS0% DEFE~ OF 100% O~pg
COLLIER COUNTY IMPACT FEES
This A~eement for the Waiver of ~pact Fees entered into this~ day of
~ , 1999 by ~d be~een ~e Bo~d of Co~ Co~issioners of Collier
Co~ty, Flo~da, hereina~er refe~ed to as "CO~TY" ~d Sus~ J. Frede~ek, hereina~er
refe~ed to ~ "O~R."
WITNESSETH:
~E~AS, Collier Co~ty Ordin~ce No. 88-97, ~ ~ended, the Collier Co~W
Libr~ System ~pact Fee Ordinate; Collier County Ordinate No. 88-96, as ~ended, ~e
Collier Cowry P~ks ~d Recreational Facilities ~pact Fee Ordinate; Collier Co~ty
Ordinate No. 91-71, as ~ended, the Collier Co~ Emergency Medical Semites System
~pact Fee Ordin~ce; Collier County Ordinate No. 92-22, ~ ~ended, the Collier Co~ty
Road Impact Fee Ordinate; Collier Cowry Ordinance No. 92-33, as ~ended, ~e Collier
Co~ Educational Facilities System Impact Fee Ordinate; ~ they may be ~her ~ended
~om time to t~e hereina~er collectively refe~ed to as "Impact Fee Ordinate", provide for
waives of impact fees for new owner-occupied dwelling units quali~ing ~ affordable housing;
~d
~E~AS, O~R has applied for a 50% waiver/50% defe~al of impact fees as
required by the Impact Fee Ordinate, a copy of said application is on file in the o~ce of
Hous~g ~d Urb~ Improvement Dep~ment; ~d
~E~AS, the Co~ Administrator or his desi~ee h~ reviewed the O~R's
application ~d h~ fo~d that it complies wi~ the requirements for ~ affordable housing 50%
w~ver/50% defe~al of impact fees ~ established in the Impact Fee Ordinate; ~d
~E~AS, the impact fee waiver/defe~al shall be presented in lieu of pa~ent of the
requisite impact fees subject to satisfaction of all c~te~a in the Impact Fee Ordinate quali~ing
the project as eligible for ~ impact fee waiver/defe~al ~d
f
OR: 2535 PG: 1979
~,p~ ~ 3 199~
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99- ? 9t~ 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 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;
2
OR: 2535 PG: 1980
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 $3,929.52 pursuant to the Impact Fee
Ordinance. In retum for the 50%waiver/50% deferral 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/deferral 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/deferred 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.
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 deferred impact
OR: 2535 PG: 1981
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/deferred 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 mn 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 (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/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
OR: 2535 PG: 1982
i 3 !99
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 fight 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.
Wimesses:~,
Print Name
Fr~t~rick
Print Name .../~',~'~.o~-.-
STATE OF._ '~%,;._ )
COUNTY oF'/~~ )
The foregoing instrument was acknowledged before me this ~'5 day of
_,~,-.~g-~ , 1999, by Susan J. Frederick. She is personally known to me or
produced ~f.-~" ~"~ ~- ? ~- ,.<q-(type of identification) as identification.
[NOTARIAL SEAL] ~gnature of Person Taking A~cknov~dgment
"* ' ' '., 'i: '" ~' .v{~, BOARD OF COUNTY COMISSIONERS
.~ * .'ATTEST: ' -': ~. ,. COLLIER COUNTY, FLORIDA
:' ' DWIGHT E. BR~CK, Clerk
~ ' By:
/ "' PAMELA S MAC KIE, CHAIR
· st ~,t~ Chatr~n s
slgi~atf~re"onl~.
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
jd/c/agreements/frederick
OR: 2535 PG: 1984
EXHIBIT 'A'
LEGAL DISCRIPTION
SUSAN J. FREDERICK
THE NORTH 75' OF THE NORTH 150' OF TRACK 15, UNIT 24, GOLDEN
GATE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLOR/DA.
*** OR: 2535 PG: 1985 ***
RESOLUTION NO. 99- t q0
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND
RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, AND
EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE
HOUSE TO BE CONSTRUCTED BY SUSAN J. FREDERICK AT 2440
8TM STREET N. E., GOLDEN GATE ESTATES IN COLLIER
COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
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
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
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Susan J. Frederick is seeking a 50% waiver/50% deferral of impact fees; and
WHEREAS, Susan J. Frederick will construct a three bedroom unit (the "Dwelling Unit") at
2440 8th Street N. E., Golden Gate Estates in Collier County, Florida; and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Susan J. Frederick submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated March 3, 1999 for a 50%
waiver/50% deferral of impact fees for the construction of a house at 2440 8th Street N. E., Golden
Gate Estates in Collier County, Florida, a copy of said application is on file in the Housing and Urban
Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance,
Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact
Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 50%
waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and
WHEREAS, Susan J. Frederick has qualified for an impact fee waiver/deferral based upon the
following representations made by Susan J. Frederick:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a low income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
purchase the unit must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Susan J. Frederick for one house
which shall be constructed at 2440 8th Street N. E., Golden Gate Estates in Collier County,
Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Susan J. Frederick, or other documentation
acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the
payment by Collier County of the following impact fees from the Affordable Housing Trust
Fund, Fund (191), in the following amounts for the one (10) house to be built at 2440 8th
Street N. E., Golden Gate Estates in Collier County, Florida by Susan J. Frederick:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Regional Parks 179.00
(2) Community Parks 399.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1.778.00
Total Impact Fees $ 3,929.52
~p~ ! $ !99e
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
..
, ~,, !,.. ~, t),;, 0[
ATTEST!' ?; '; :~!~."':r~;'~' BOARD OF COUNTY COMMISSIONERtS
~'~.~.~ 6Hi~"E; :Bk0~t Clerk COLLIER COUNTY, FLORIDA /
~[t Il
stgn~itmre~' Only;: ,, ..
Approved as t6 form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
jd/c/reso/frederick
EXHIBIT "A"
LEGAL DESCRIPTION
SUSAN J. FREDERICK RESIDENCE
THE NORTH 75' OF THE NORTH 150' OF TRACT 15, UNIT 24, GOLDEN GATE ESTATES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGES 11 AND 12
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
~,,.~s~.~...,.o.,~ =~-..,, MAP OF BOUNDARY SURVEY
~, BILL MACRIDES. P.S.M.
.'Pm~-t, ,' ~ .~ NAPLES. FLORIDA 34.117
FOR: CREATIVE HOMES
r.~zu~t Allied age Banc/Cnmd(m~
I0
ROD
April 13, 1999
Item #16A10
RESOLUTION 99-191 AND AGREEMENT AUTHORIZING A 50% WAIVER/50% DEFERRAL
OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JULIO C. CISNEROS AND
YADIRA CISNEROS ON LOT 10, BLOCK 3 IN NAPLES MANOR ADDITION
Page 104
RESOLUTION NO. 99- 191
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLO DA, AUTHO Z G WAIVER
DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND
RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JULIO C.
CISNEROS AND YADIRA CISNEROS ON LOT 10, BLOCK 3, NAPLES
MANOR ADDITION IN COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, Iow, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
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
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
Housing Element; and
WItEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WItEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WItEREAS, Julio C. Cisneros and Yadira Cisneros are seeking a 50% waiver/50% deferral of
impact fees; and
WItEREAS, Julio C. Cisneros and Yadira Cisneros will construct a four bedroom unit (the
"Dwelling Unit") on Lot 10, Block 3, Naples Manor Addition in Collier County, Florida; and
WItEREAS, the Dwelling Unit will be owned by a low income household, and
WItEREAS, Julio C. Cisneros and Yadira Cisneros submitted to the office of the Housing and
Urban Improvement Department an Affordable Housing Application dated February 1, 1999 for a
50% waiver/50% deferral of impact fees for the construction of a house on Lot 10, Block 3, Naples
Manor Addition in Collier County, Florida, a copy of said application is on file in the Housing and
Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems
Impact Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee
Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities
Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee
Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services
System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational
Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a
50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and
WHEREAS, Julio C. Cisncros and Yadira Cisneros have qualified for an impact fee
waiver/de£erral based upon the following representations made by Julio C. Cisneros and Yadira
Cisneros:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a low income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
purchase the unit must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Julio C. Cisneros and Yadira
Cisneros for one (1) house which shall be constructed on Lot 10, Block 3, Naples Manor
Addition in Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50°/5
waiver/50% deferral of impact fees signed by ~lulio C. Cisneros and Yadira Cisneros, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable
Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at
on Lot 10, Block 3, Naples Manor Addition in Collier County, Florida by Julio C. Cisneros and
Yadira Cisneros:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Regional Parks 179.00
(2) Community Parks 399.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Sewer Impact Fee 1,575.00
G. Water Impact Fee 1.275.00
Total Impact Fees $ 6,779.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
.. ~..~.,.' ~
co~u~ cot~¥, ~o~r~^
'i~~~.~ By
, .l;e$~; aS to C .~ man $ N
sl~tUre' on 13~
Apprb'~,bff a~ th' form and
legal .sufficiency:
I~eT~ i F.~Ash~on
Assistant County Attorney
jd/c/reso/cisneros
EXHIBIT "A"
LEGAL DESCRIPTION
JULIO C. CISNEROS AND YADIRA CISNEROS RESIDENCE
LOT 10, BLOCK 3, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 3, PAGES 67 AND 68 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
.,~ .;.,-,~. LOT 10~ BLOCK 3 CO
· :":"-', '- NAPLES HANE]R ADDITION
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CLBRK TO Tl{g BOARD IBCORDID i~ the OF~ICIA~ RICORDS of COLlieR CO~T~, ~L
BXT 7240 copies 8,00
This A~r~ement for the Waiver of Impact ~ees entered into this ~ day of
~ , 1999 by ~d between the Bord of Cowry Co~issioners of Collier
Co~, Florida, hereina~cr refaced to as "CO~TY" ~d ~ulio C. Cisneros ~d Yadira
Cisneros, hereina~er refaced to as "O~R."
WITNE S SETH:
~~AS, Collier County Ordinate No. 88-97, ~ ~ended, thc Collier Co~
Libr~ System Impact Fee Ord[n~ce; Collier Cowry Ordinate ~o. 88-96~ as ~nd~d, the
Collier Co~ P~ks ~d Recreational Pacilities Impact Fee Ordin~ce; Collier Cowry
Ordin~ce No. 91-71~ as ~ended~ the Collier County Emergency Medical Se~ices System
Impact Fee Ordin~ce; Collier Cowry Ordinate No. 92-~2, ~ ~ended, the Collier County
Road ~pact Fee Ordinate; Collier County Ordin~c~ No. 92-3], as ~nded, the Collier
Cowry Educational Pacilities System Impact Pea Ordin~ce; ~d Collier County Ordin~ce ~o.
98-69, the Re~ion~ Water ~or Sewer Systems Impact Ordin~ce, as ~ey may be f~her
~ended ~om time to time hereina~er collectively refaced to as "Impact Fee Ordin~ce",
provide for waivers of impact fe~s for new owner-occupied dwelling units qualifyin~ as
affordable housing; ~d
~E~AS, O~R has applied for a 50% waiver/50% defe~al of impact fees as
required by the Impact Pea Ordin~ce, a copy of said application is on ~le in the or, ce of
Housin~ ~d Urb~ ~provement Dep~ment; ~d
~E~AS, the County Administrator or his designee h~ reviewed the O~ER's
application ~d has found that it complies with the requirements for ~ affordable housin~ 50~
waiver/50% delaval of impact f~es as established in the Impact Fee Ordin~ce; ~d
OR: 2535 PG: i97i
WHEREAS, the impact fee waiver/defen'al shall be presented in lieu of payment of the
~uisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualif~ng
project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
abodied in Resolution No. 99-g~at its regular meeting of ~/--~, 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
greement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
tee 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 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;
2
OR: 2535 PG: 1972
3 '1996
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 $6,779.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral 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/deferral 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/deferred 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.
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 deferred impact
OR: 2535 PG: 1973
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/deferred 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 mn 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 (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/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
OR: 2535 PG: 1974
1999
Such lien shall be superior and p~amount to the inte~st in the D~elling Unit o~ any
o~. {essex. ten.t, mo~a~e, o~ othe~ p~fson excupt th~ lien Fo~ Cowry t~es ~d
shall be on p~ty with the lien of ~y such County t~es. Should the O~R be in
default of this A~eement, ~d the default is not cured wi~in thi~y (30) days a~er
~tten notice to O~ER, the Bo~d may bring civil action to enforce this
A~eement. In addition, the lien may be foreclosed or o~e~ise enforced by the
CO~TY by action or suit in equity as for the foreclosure of a mo~gage on real
prope~y. This remedy is cumulative with ~y other fight or remedy available to the
CO~TY. The Bo~d shall be entitled to recover all a~omey's fees, inched by the
Bo~d in enforcing this Agreement, plus interest at the statuto~ rate for judgments
calculated on a calend~ day basis until paid.
~ ~ESS ~E~OF, the p~ies have executed this Agreement for
Waiver~efe~al of Impact Fees on the date ~d ye~ first above written.
Wimesses: O~E~?.~
Print N~e~ ~ ~ ~ ~,' ~c~ ~ Cisneros
~fint N~e ~~ ~~
STATE OF ~~~ )
CO~Y O~' ~/~ )
The foregoing instrument was ac~owledged before me this ~ day of
~~~ , 1999, by Julio C. Cisneros. He is personally ~own to me~
- ..(t~e of identification) as tdem~atien.
~OT~ SE~] ,.. ~ature of Persofi~edgment
OR: 2535 PG: 1975
Witnesses: OWNER:
Print Nam~"-~)~,.~ ~','1,~.~.., ~gadira Cisneros
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this ~.~ day of
~ ,1999, by Yadira Cisneros. She ~s personally known to me ~
(t%~,~'/del~fication) as i~on.
.; :/. :~.:. BO~ OF CO~TY COMISSIONERS
ATTEST: ...' ': COLLIER CO~TY, FLOEDA
D~GHT E. BRO~;~Clerk
st~ature ~l~.
Approved ~ to fo~ ~d
legal su~ciency
Heidi F. Ashton
Assist~t Co~ty Attorney
jd/c/agrecments/cisneros
6
OR: 2535 PG: 1976
EXHIBIT 'A'
LEGAL DISCRIPTION
JULIO C, CISNEROS AND YADIRA CISNEROS RESIDENCE
LOT 10, BLOCK 3, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES
67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
'*** OR' 2535 PG: 1977 ***
60,00 ' ::"'
~ ~ ~ !99~
.,,.., LDT 10, BLDCK 3
, ",: .. NAPLES MANDR ADI)ITIDN
· '' .... ., ... 25' rear set back
~:i ~',~ ',. ". , : -
.;,:,~; , -...., -' ",. :"', I
;~:'.c-;.. ~::'-:'.;'.. ~, "' .~ ~,~:;~:%:J
'3~ :~ '.:, '::: ,~' x.~ ~';..' ' ~' c .'.;~c~l/~:~ ,.
:~'~: C?'?~;: h? ' ' "· ' ' '..' .~ .~,-,'-"
. '::? '. ,:~;.~..,.. ,. ,
......... , -...,. ...... ~ ~;~.~- .
"..~'~ ~:~?""~ ~ ' -;~.~l~
~... ~,~'...,, ".'}?:~":. · .'~';.~.~ ,,,:. .
~1
~ ~ I
?~.:' · ; - ~
......
I PRDPDSER RESidENCE
I PRESTIGE SPEC,
I 39'8' 'X 4~'
1422 SQ FI
I PRDPDSED ELEV
I
I '
I
- - ~T~
April 13, 1999
Item #16All - (Commissioner Mac'Kie abstained - 4/0)
FINAL PLAT OF "PEBBLEBROOKE LAKES PHASE 2" - WITH CONSTRUCTION AND
MAINTENANCE AGREEMENT, SECURITY AND STIPULATIONS
Page 105
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO
RECORDING OF PLAT entered into this ~ day of t~,~.~, 19 ,,O,~ between Pebblebrooke Lakes
Limited Partnership hereinafter referred to as "Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board."
RECITALS:
1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of
a certain plat of a subdivision to be known as: Pebblebrooke Lakes Phase 2.
2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the
improvements required by said subdivision regulations prior to recording the final plat.
NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: the Required Improvements within 12 months from the
date of approval of said subdivision plat, said improvements (water, sewer, drainage and roadway) hereinafter
referred to as the required improvements.
2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat
and the Board of County Commissioners shall not approve the plat for recording until said improvements have been
completed.
3. Upon completion of said improvements, the Developer shall tender its subdivision performance
security in the amount of $24,465.65 which represents ten percent of the total contract cost to complete construction.
Upon receipt of said subdivision performance security by the Development Services Director, the Developer may
request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary
approval of said plat.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be reviewed 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 statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or
b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions
which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no
event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the Development Services Director. After the one year maintenance period by the
Developer has terminated, the Developer shall petition the Development Services Director to inspect the required
improvements. The Development Services Director or his designee shall inspect the improvements 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 ten percent subdivision performance security. The Developer's responsibility for
maintenance of the required improvements shall continue unless or until the Board accepts maintenance
responsibility for the County.
7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon
certification of such failure, the County Administrator may call upon the subdivision security to secure satisfactory
completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and
maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of 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 cost to the
Board thereof, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions
of this Agreement.
8. 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 Develop. er have caused this Agreement to be executed by their duly
authorized representatives this ,/,,~-.~t~ day of ~ , 19 Y,~ .
Witnesses to Kt.~ ~_.~T P~ ~AUk~ n .'~.0, ? ~ ¢. Pebblebrooke Lakes Ltd., a Florida Limited
,4.
1'~~;~ f.~'"~4-~.. ' BY:ARD C~O~TY
.7 ATTEST: :."".~'~ '' , '~. BO COMMISSIONERS
~,~ounty-At~-omey ~ffe.~
'FORM 8B MEMORANID'uM'OF VOTING CONFLICT FOE
:aUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~ac'KLe, P~e~a ~. Co~ec Counb~ ~ac~ o~
C~U~Y
o~ wac. vm'~ ~'cu~o u~ ~smo. m~
~p:t~ ~3, ~999 J~ELE~IvE ,:
WHO MUST FILE FORM 8B
is form is for use by an)' person serving at the county, city. or othei' local J~'ti olr government on an appointed or dec, ed board.
anciL commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who arc. presented
th a voting conflict of interest under Section 112.3143. Florida Statutes. The requirements of this law m~ mandy(otto, ,llh.o,gh
e use of this particular form is not required I~y law. you are encouraged to use it in making the disclosure scquired by law.
mr responsibilities under the law when faced with a measure in which you have a conflict of interest will vary r. rt'ady depending
~ whether you hold an elective or appointive position. For this reason, please pay close attention to the imtrucsjons on this form
:tore completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION '1t2~t43, FLORIDA STATUTES
~I_~CTED OFFICERS:
~ person holding elective county, municipal, or other local public office MUST ABSTAIN f~om voting on a measure which inures
o his special prk'nte gain. Each local officer also ls prohibited from knowingly voting on a measure which inures to the speci~
,~in of a principal (other than a govern(neat agency} by whom he is retained.
;n either case, you should disclose thc conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of )'our interest in the measure'on
which you are abstaining from voting; and
WITHIN I$ DAYS AFTER THE VOTE OCCURS by completing.and filing this form with the person resp_o_ nslblc for recording.
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a mens,re which
inures to his special private gain. Each local officer also is prohibited from kfiowingly voting on a measure which in,rcs to ~l~e
special gain of a principal (other than a government agency) by whom he is retained. ;.
A person holding an appoin, tive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making an)' attempt to influence the decision by oral or written communication, whether
made by the officer oi' at his direction.
IF YOU INTEND TO MAKE ANY A'I-I'EMPT TO INFLUENCE THE DECISION PRIOR TO THE blEETING AT WHICH
THE VOTE WILL BE TAKEN:
· ~u should complete and file this form (before making any a~tempt to influence the decision) wi~h the person responsible
r~.ordine the minutes of the meeting, who will incorporate thc form in thc minutes.
April 13, 1999
Item #16A12
RESOLUTION 99-192 AND AGREEMENT AUTHORIZING A 50% WAIVER/50% DEFERRAL
OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY RENE TREJO AT 5222
CALDWELL STREET IN NAPLES MANOR ANNEX, COLLIER COUNTY
Page 106
APR ,1
RESOLUTION NO. 99- 192
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND
RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY RENE
TREJO ON LOT 6, BLOCK 6, NAPLES MANOR ANNEX, IN COLLIER
COUNTY, FLORIDA.
WItEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
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
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
Housing Element; and
WItEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WItEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WItEREAS, Rene Trejo is seeking a 50% waiver/50% deferral of impact fees; and
WItEREAS, Rene Trejo will construct a four bedroom unit (the "Dwelling Unit") on Lot 6,
Block 6, Naples Manor Annex in Collier County, Florida; and
WItEREAS, the Dwelling Unit will be owned by a low income household, and
WItEREAS, Rene Trejo submitted to the office of the Housing and Urban Improvement
Department an Affordable Housing Application dated February 22, 1999 for a 50% waiver/50%
deferral of impact fees for the construction of a house on Lot 6, Block 6, Naples Manor Annex in
Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement
Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems
Impact Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee
Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities
Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee
Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services
System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational
Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a
50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and
WHEREAS, Rene Trejo has qualified for an impact fee waiver/deferral based upon the
following representations made by Rene Trejo:
A. The Dwelling Unit shall be owned by a first-time home buyer.
B. The Dwelling Unit shall be owned by a household with a low income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
purchase the unit must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Rene Trejo for one (1) house
which shall be constructed on Lot 6, Block 6, Naples Manor Annex in Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Rene Trejo, or other documentation acceptable to
the County Attorney, the Board of County Commissioners hereby authorizes the payment by
Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund
(191), in the following amounts for the one (1) house to be built at on Lot 6, Block 6, Naples
Manor Annex in Collier County, Florida by Rene Trejo:
A. Library Impact Fe~ $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Regional Parks 179.00
(2) Community Parks 399.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Sewer Impact Fee 1,575.00
G. Water Impact Fee 1.275.00
Total Impact Fees $ 6,779.52
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~/'~,
ATTEST.:, ' , " '' '.'*"2!.' BOARD OF COUNTY COMMISSIONERS
D'~.~GHT E. BROCI{4 (317k COLLIER COUNTY, FLORIDA /
At. test" as'
s gaatur ' and
9[gprov S
legal sufficiency:
Heidi F. Ashton
Assistant Coun~ Attorney
jd/c/reso/trejo
EXHIBIT "A"
LEGAL DESCRIPTION
RENE TREJO RESIDENCE
LOT 6, BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL STREET)
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 110 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AP~ ~ ,3 199§~
2462898 OR: 2535 PG: 1962
R~ ~R~ 37.50
CL~RK TO THE BOARD R~CORDED in the OFFICIAL It~COIIDS of COLLIER ¢OIJN?¥, FL
I~TBROFFIC~ 4TH FLOOR 04/15/1999 at 09:13A~ DWIGHT [. BROCK, CLERK COPIgS 8,00
8XT 7240
COLLIER COUNTY ]~PACT FEES
T~s A~ccmcm for the ~aiver of Impac~ Fees entered imo this /~ day of
~ . 1999 by ~d between thc Bo~d of Cowry Co~issioncrs of Collier
Co.U, Florida, hcrcina~er refe~ed to as "CO~TY" ~d Rcne Trejo, hcreina~er refc~ed ~o as
"O~R."
~ITNHSSHTH:
~~AS, Collier Cowry Ordin~ce No. 98-69, Collier Co~U Re~ion~] ~ater ~or
Se~er Systems Impact Fee; Collier Co~y Ordinate No. 88-97, as ~ended~ ~he Collier
Co~ Libr~ System Impact Fee Ordin~ce; Collier Coun~ Ordin~cc No. 88-96, as
~cndcd, the Collier County P~ks ~d Recremional Facilities ~mpac~ Fee Ordinance; Collier
Coumy Ordin~cc No. 9]-7L as ~ended, the Collier County EmcrEency ~edica] Se~ices
System Impact Fcc Ordin~cc; Collier Cowry Ordi.~ce No. 92-22~ ~ ~cnded, ~hc Collier
Cowry Road Impac~ Fcc Ordinate; Collier Coumy Ordin~ce No. 92-33, as ~ended, the
Co]Her Cowry Educational Facilities System Impact Fee Ordin~ce; as ~hey may be ~mher
~cnded ~om 6me to dine hcre~na~er coHecdve]y rcfc~cd ~o as "Impact Fee Ordin~ce",
provide for ~aivers of ~mpact fees for .e~ o~ner-occupied d~eHi. E units qualifyin~ as
~ffordabie housing; ~d
~H~AS, O~R has applied for a 50~ ~aiver/50% dcfe~a] of impac~ fees as
required by the Impact Fee Ordinate, a copy of said application is on ~le in ~he o~ce of
Hous~nE ~d Urb~ ~provcment Dep~mem; ~d
~H~AS, the Co~ A~i.is~ator or his dcsiEnee h~ reviewed ~he O~ER'S
application ~d h~ found that ~t complies ~h the requirements for ~ affordable housinE 50%
~aiver/50% dcfe~a] of impact fees as established in ~hc Impac~ Fcc Ordinate; and
OR: 2535 PG: 1963
WHEREAS, the impact fee waiver/deferral 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/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99-~, at its regular meeting of t~j~~--~ .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
Urfit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. Owner maintains a household with a 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;
2
OR: 2535 PG: 1964
APR 3 lgg
e. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fii~een (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 $6,779.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver~50% deferral 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/deferral 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 fif[een (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/deferred 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.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fif[een (15) years af[er the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
OR: 2535 PG: 1965
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 gif~ of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred 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
aider 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 OVv3qER 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/deferred
shall be paid in full by OVv~NER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
OR: 2535 PG: 1966
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 fight 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.
Witnesses: OWNER:
'~/'"L~-O Retie Trejo
~//Print Name O-"~-,c~,e- .Z,~-~ ~/
STATE OF /2/Z~.Z., Z) ,O )
COUNTY OF ffla/_,~ ~',z. )
The foregoing instrument was ac~owledged before me this ~ day of
~~~ , 1999, by Rene Trejo. He is personally ~own to me or produced
~ ~ '~ -~'- (t~e ofidemification) ~ idemification.
~OT~'~]..~ ~nat~e ofPe~on T~g Ac~wled~ent
OR: 2535 PG: 1967
,,,. ~.. ii, ~ t~ 6~ ¢7 BOARD OF COUNTY COMISSIONERS
ATTEST: "
.. .,:.:. .~:,"i, COLLIER COUNTY, FLORIDA
':'~D.WIGHT E. BROC~Clerk
" ~! ' ' By'
~t~est ~s,.to, C~~.~
Approved as to fora ~d
legal sufficiency
~eidi FYAsfiton
Assist~t Co~ty Attorney
jd/edagreements/trejo
OR: 2535 PG: 1968
~,PR ~ ~ 1999
EXHIBIT 'A'
LEGAL DISCRIPTION
RENE TREJO
LOT 6, BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL
STREET) ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 1, PAGE ! 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
April 13, 1999
Item #16A13
SATISFACTION OF LIENS FOR PUBLIC NUISANCE RESOLUTIONS 91-675, 91-410,
91-409, 90-551 AND 90-46
Page 107
- ,,u: *** 2162903 OR: 2535 PG: 1995 ***
CLBRK TO ?lib BOA~ RBC0RDBD ~n the 0HICZAL RIC0RD8 0E C0LLZIR C0UNTT, FL
INYIROHICB 4TH FLOOR H/15/1990 at 09:14~ DWI~Y B. BROCK, CLBH RSC FBB 6.00
BIT T240 C0PIBS 1.00
This instrument prepared by: FOR CLERK'S USE ONLY
Heidi Ashton
O~ce of the County A~orney
~0~ E~st T~i~mi Trail
N~ples, ~lorJ~ ~ :&~ ~ ~ ~
(O4q) 774-8400
Prope~ FoJio No. ~404240~00
SATISFACTION OF LISN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 91-675 against:
The Community Corporation
CI0 Ernest Freeman, Sr.
P.O. Box 212
Immokalee, FI. 33943
The lien was recorded on November 26, 1991 Official Record Book 1666, Page 962, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus
accrued interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 7, Block 5, Main Line Subdivision, according
to Plat in Plat Book 1, Page 98, Public Records
Of Collier County, Florida.
REFERENCE:
Folio #56404240009
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution and [ecording of the Satisfaction of Lien, by
action of the, Board this /~~ day of .~-c.)a~-- 1999.
,,. ~.//.
A~EST: ' ~":. ~,~', BOARD OF COUN~ COMMISSIONERS
~WlGHT E. BROCK,' Clerk COLLIER COUNt, FLORIDAt /
.f./ , ~ ~ · · .,~..'
~amela S. Mac'kie
Attest ~s ~ Chaf~en's Chai~oman
sfgnature
*** 2462904 OR: 2535 PG: 1996 ***
CLRH TO Till BOARD R~CORDBD :tn the OFFICIAL UCORDS 0f COLLIRR COlllffY, FL RBC FBB 6.00
III?RROFFXCB 4?8 FLOOR 04/15/1999 at; 09:14~ DWXGHT B. BROCK, CLBRK ~PIBS 1.00
lit 7240
This instrument prepared b~: FOR ~LERK'S USE ONLY
Heidi Ashton
Office of the ~ounty A~orney
3301 East Tamiami Trail ~ o~ ~'~ ~q~
Naples, Florida 34112
(941) 774-8400
Property Folio No. 56404240009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 91-410 against:
Community Corporation
CIO Ernest Freeman,, Sr.
P.O. Box 212
Immokalee, FI. 33934
The lien was recorded on June 28, 1991 Official Record Book 1628, Page 693, in the Official
Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien
secures the principal sum of Six Hundred Sixty Five Dollars ($665.00), plus accrued interest
and penalties, if any, and imposes certain obligation against real property situated in Collier
County, Florida, which property is described as follows:
according to
Lot 6, Block 5, Main Line Subdivision, according
To Plat in Plat Book 1, Page 98, Public Records
Of Collier County, Florida.
REFERENCE:
Folio #56404240009
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution add recording of the Satisfaction of Lien, by
action of the Board this ~ day of ~ ,1999.
A~EST:. ...,.~. ., ' ''~,:-; BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRO~K, Clerk COLLIER COUNTY, FLORIDA //'
Attest as ~ ~hatman's
*** 2462905 OR: 2535 PG: 1997 ***
CLBRK TO TRB BOARD RBCODBD in the OFFICIAL RHCOltDH o[ COLLIH COIIN?L FL JtBC FB! 6.00
IN?BIOFFIC! 47H FLOOR 04/15/I~9! et 09:N~ DWIGHT ~, BROCl~ CL~RK ¢OPISS 1.00
This instrument prepared by: FOR CLERK'S USE ONLY
Heidi Ashton
Office of the County Attorney .~P~ ~ '~ I§§§
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 56404240009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 91-409 against:
Community Corporation
CIO Ernest Freeman, Sr.
P.O. Box 212
Immokalee, FI. 33914
The lien was recorded on June 28, 1991 Official Record Book 1628, Page 695, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus
accrued interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 7, Block 5, Main Line Subdivision, according
to Plat in Plat Book 1, Page 98, Public Records
Of Collier County, Florida.
REFERENCE:
Folio #56404240009
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution_..recording and of the Satisfaction of Lien, by
action '0f'tl~ Beard this /~.~ ~ day of ~ 1999.
- · ' ",i
i~"l'EST: ~ ~ :~"'~;' BOARD OF COUN~ COMMISSION~
"~IGHT E. BROC~ Clerk COLLIER COUNt, FLORIDA
Pamela S. Mac'kie
Chai~oman
Attest as to Chairman's
sl~ature ~1~.
2462906 OR: 2535 PG: 1998 ***
CLIRI TO ?H! BOARD itSCOItDlrD in the OL~H¢IAL R~CORD~ of ¢OLLIBI~ COUNTY, FL
INTIROHqC! 4TH L%OOlt 04/15/199S at 09:IIAN DUIGHT I. altOCJC, CLIRX BBC FBI 6,00
BI? 7240 ¢OPTIS 1,00
This instrument prepared by: FOR CLERK'S USE ONLY
Heidi Ashton
Office of the County Attorney
3301 East Tamiami Trail ~P~ ~ ~ 1°~9
Naples, Florida 34112
(941) 774-8400
Property Folio No. 56404240009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 90-551 against:
The Community Corporation
CIO Ernest Freeman, Sr.
P.O. Box 212
Immokalee, FI. 33934
The lien was recorded on December 21, 1990 Official Record Book 1580, Page 1714, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Sixty Five Dollars ($265.00), plus
accrued interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 7, Block 5, Main Line Subdivision, according
to Plat in Plat Book 1, Page 98, Public Records
Of Collier County, Florida.
REFERENCE:
Folio #56404240009
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by
action o[,~he~Board this //~ day Of ~ 1999.
,~, '~.:~" t/f ,, .'., '
,:,. , .,..?,,.,
'ATTEST: ' ' :;; BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COL IER COUNTY, FLORID
~amela S. Mac'kie
Attest as to Chafraan's Chairwoman
Signature only.
Al~proved as ta form & legal suffiefoney
Assistant County ACtorney
2 62907 OR: 2535 PO' 1999
Retn:
CLBRIC TO ?HB BOARD IBCORDID In the OFFZCZAL ~CO~8 o[ COLLZBB COUN?T, FL RIC FIB 6.00
~lTiROYg~Cl4TH ILOOR 04/15/1999 aL 09:t4~ DW~ I. BROC[, CLRR[COPZBS 1.00
BZT 7240
This instrument prepared by: FOR CLERK'S USE ONL~p~
Heidi Ashton
O~ce of the County A~orney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
PmpeAy Folio No. 56404240009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain
Lien by Resolution No. 90-46 against:
Community Corporation
C/O Ernest Freeman, Sr.
P.O. Box 212
Immokalee, FI. 33934
The lien was recorded on March 6, 1990 Official Record Book 1510, Page 889, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Six Hundred Thirty Five Dollars ($635.00), plus
accrued interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 6 & 7, Block 5, Main Line Subdivision, according
to Plat in Plat Book 1, Page 98, Public Records
Of Collier County, Florida.
REFERENCE:
Folio #56404240009
Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction
of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida,
acting through its Chairman, directs execution and re. cording of the Satisfaction of Lien, by
action of the Board this /'~ day of ~
1
999.
ATTESTS:-' ."' :,' BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,. Clerk COLLIER COUNTY, FLORIDA
Attest: 'ls ire ..C.hl trman' S Chairwoman /
signature on l~v.
Al~proved as t3 form & legal sufficiency
JLnlst&nt Count3, Attorne3~ ~ /
April 13, 1999
Item %16A14
FINAL PLAT OF .RIVERCHASE COMMONS. - WITH LETTER OF CREDIT,
CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS
Page 108
FROM : Panasonic FAX SYSTEM PHONE NO. : 9415662203 Mar. 22 1999 02:45PM P2
APR 3
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS entered into this /,~,,~ day of_~ ,199~ between
CROSSPOINTE DEVELOPMENT, INC., a Florida O~rporation, hereinafter referred to as
"Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as "The Board".
RECITALS:
A. Developer has, simultaneously with the d~livery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as: RIVERCHASE
COMMONS.
B. Division 3.2 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction 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 covenants
hereinafter set forth, Develop~ and the l~oard do hereby covenant and agree as follows:
1. Developer will cause to be constructed: water distribution s~tem, sanitary
sewer collection system, roadway and drainage within 36 months from the
date of approval of said subdivision plat, said improvements h~einafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached
hereto as Exhibit "A' and by reference made a part hereof) in the amount of
$250,004.85 which amount represents 10% of the total contract cost to
complete construction plus 100% of the entire cost to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to
complete such improvements within the time required by the Land
Development Code, Collier County, may call upon the subdivision
performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a
statement of substantial completion by Developer's engineer along with final
project records have been ihrnished to be reviewed and approved by the
Development Services Director for compliance with the Collier County Land
Development Code.
5. The Development Services Director shall, within sixty days of receipt of the
statement of substantial completion, either: a) notify the Developer in
writing of its preliminary approval of the improvements; or b) notify the
Developer in writing of his refusal to approve improvements, therewith
specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the improvements. However, in no event
shall the Development Services Director refuse preliminary approval of the '
improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum
period of one year after preliminary approval by the Development Services
Director. After the one year maintenance period by the Developer has
terminated, the Developer shall petition the Development Services Director
to inspect the improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of the
subdivision performance security. The Developers responsibility for
maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and 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
Services Director to reduce the dollar amount of the subdivision performance
security on the basis of work complete. Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied
by a statement of substantial completion by the Developer's engineer together
with the project records necessary for review by the Development Services
Director. The Development Services Director may grant the request for a
reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under
this Agreement, upon certification of such failure, the County Administrator
may call upon the subdivision performance security to secure satisfactory
completion, repair and maintenance of the required improvements. The
Board shall have the fight to construct and maintain, or cause to be
constructed and 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 cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct 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 November, 1998.
SIGNED, SEALED AND DELIVERED CROSSPOINTE DEVELOPMENT, INC.
IN THE PRESENCE OF:
~J~/'l ~,~ (f~/~.~'bOO00~ Jeffrey..~irr, President
Printed Name:
Printed Name:
A.Xa~, S¥i~ .s!~a~'u?e 0,] ~. BOalm OF cotn~x¥ COMMiSSiONErS
pwmm ,.B o , Clerk OF
. ::]./,~'~ ; ,. ,:::,.," -
P~mela S. Mac'K~e , Chai~oman
!: 6' · !~ ';~;~ ~'~, , ' /.,:!,"
Comity Atto~e¥
Nafionsl .nR[
MARCH 2, 1999
ISSUER: NATIONSBANK, N.A.
901 MAIN ST. 9TM FLOOR
DALLAS, TEXAS 75202
PLACE OF EXPIRY: NATIONSBANK, N.A. DALLAS, TEXAS
AMOUNT: $250,004.85
BENEFICIARY:
THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
2800 NORTH HORSESHOE DRIVE
NAPLES, FL. 34104
ATTN: MR. JOHN BOULDSWORTH
APPLICANT:
COLLIER DEVELOPMENT CORPORATION
3003 TAMIAMI TRAIL NORTH, SUITE 400
NAPLES, FLORIDA 34103
CREDIT AVAILABLE WITH: NATIONSBANK, N.A. DALLAS, TEXAS
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND
BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON NATIONSBANK, N.A
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S)
AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY
BENEFICIAR~FS STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER, CERTIFYING THAT: "COLLIER DEVELOPMENT
CORPORATION HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE
IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLOT OF A
SUBDIVISION KNOWN AS (NAME OF SUBDIVISION TO BE INSERTED)
OR A FINAL INSPECTION SATISFACTORY IN COLLIER COUNTY HAS
NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND
SATISFACTORY ALTERNATE PERFORMANCE SECURITY HAS NOT
BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE
BENEFICIARY."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE
MARKED: "DRAWN UNDER NATIONSBANK, N.A. LETTER OF CREDIT
NO. 973695 DATED MARCH 2, 1999." THE ORIGINAL LETTER OF
CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR
PROPER ENDORSEMENT.
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.
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL FEBRUARY
19, 2000. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT
SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT
FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE PRESENT OR
ANY FUTURE EXPIRATION DATE UNLESS AT LEAST SIXTY (60) DAYS
PRIOR TO SUCH DATE, WE SHALL NOTIFY YOU IN WRITING AT THE
ABOVE ADDRESS BY REGISTERED MAIL OR COURIER SERVICE
THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR
SUCH ADDITIONAL PERIOD.
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.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND
PRACTICE FOR DOCUMENTARY CREDITS 1993 REVISION
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
NATIONSBANK, N.A.
MIRELLA COLEMAN
VICE PRESIDENT
NationsBank
901 Main Street
P. O. Box 831000
Dallas, TX 75283-1000
Tel 214 508-6262
Nafionsl fl
MARCH 3, 1999
THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
ATTN: MR. JOHN BOULDSWORTH
RE: LC NO. 973695 DATED MARCH 2, 1999
WE HEREBY CORRECT THE ABOVE MENTIONED LETTER OF CREDIT AS
FOLLOWS:
APPLICANT:
COLLIER DEVELOPMENT
FOR THE ACCOUNT OF
CROSSPOINTE DEVELOPMENT, INC.
3003 TAMIAMI TRAIL NORTH, SUITE 400
NAPLES, FLORIDA 34103
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Member FDIC
Nafions .
ISSUING BANK:
NATIONSBANK, N.A.
L/C NO: 973695
AMENDMENT NO: 02
AMENDMENT DATE: 25MAR99
13ENEFI CIARY: APPLI CANT:
THE BOARD OF COUNTY COMMISSIONERS, COLLIER DEVELOPMENT CORPORATION
COLLIER COUNTY, FLORIDA FOR THE ACCOUNT OF
2800 NORTH ttORSESflOE DRIVE CROSSPOINTE DEVELOPMENT, iNC.
NAPLES, FL 34104 3002~ TAMIAMI TRAIL NORTH, SUITE 400
ATTN: MR. JOHN BOULDSWORTH NAPLES, FL ~4108
WE HEREBY AMEND THE ABOVE REFERENCED STANDBY LETTER OF
CREDIT AS FOLLOWS:
UNDF, R DOCUMENTS REqUiRED, THE BENEFICIARY'S S'fATEMENT tS
CORRECTED TO READ:
"C]~(')SSPOINTE DEVELOPMENT, INC. I]AS FAILED TO CONSTRUCT AND/Ott
MAINTAIN TttE IMPROVEMENTS ASSOCIATED WITH THAT CERTA1N PLAT OF A
SUBDIVISION KNOWN AS RIVERCI~ASE COMMON'"_ o OR_ A FINAL INoI. E(,IION~" ~' '~' -
SATISFACTORY IN COLLIER COUNTY HAS NOT BEEN PERFORMED PI{IOR TO
THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATE PERFOI~MANCE
SECURITY HAS NOT BEEN PROVIDED TO AND F()IhMALI,Y ACCEPTED BY THE
BENEFICIARY."
SENDER TO REC, EiVER IN~ORMAIION--
Tills ItMENDMENT REPLACES OUR
PREVIOUS AMENDMENT NO. 2 DATED
[~/9/99 & (B/19/99.
ALI, OTHER TERMS UNCIfANGEI~. 'fltlS IS TIIF, Oi"EI'~ATiVE _[NST}~UMEN]'
WHICll i;'OI(MS AN IN'I'EG[<AI, ~'ART OF LETTER OF (",REDIT NO. ~"18695 AND
SHOULD BE ATTACHEL~ THERETO.
F(~R Aff, 21S'I'ANCE PI.EASE CALL CUSTOMER SERViCF, AT
NATIONSBANK, N.A.
Nafions u.k"
ISSUING BANK:
NATIONSBANK, N.A.
I,/C NO: 9'73695
AMENDMENT NO: 02
AMENDMENT DATE: 19MAR99
BENEFICIARY: APPLIC~
THE BOARD OF COUNTY COMMISSIONERS, COLLI DEVELOPMENT CORPORATION
COLLIER COUNTY, FLORIDA FOR ACCOUNT OF
2800 NORTH HORSESHOE DRIVE ~ CRO DEVELOPMENT, INC.
NAPLES, FL 34104 30' TAMIAMI TRAIL NORTH, SUITE 400
ATTN: MR. JOHN BOULDSWORTH N. , FL 34103
WE HEREBY AMEND THE ABOVE REFERENCE STANDBY LETTER OF
CREDIT AS FOLLOWS:
UNDER DOCUMENTS REQUIRED, THE BEI CIARY'S STATEMENT IS
CORRECTED TO READ:
"CROSSPOINTE DEVELOPMENT, INC ~AS FAILED TO CONSTRUCT AND/OR
MAINTAIN THE IMPROVEMENTS ASS~ WITH THAT CERTAIN PLAT OF A
SUBDIVISION KNOWN AS RIVE}iCHt COMMONS OR A FINAL INSPECTION
SATISFACTORY IN COLLIER COUN HAS NOT BEEN PERFORMED PROPER TO
THE DATE OF EXPIRY, AND SAT )RY ALTERNATE PERFORMANCE
SECURITY HAS NOT BEEN PROV] TO AND FORMALLY ACCEPTED BY 2'HE
BENEFICIARY."
SENDER TO RECEIVER INFORM~ :-
THIS AMENDMENT REPLACES
PREVIOUS AMENDMENT 2 DAT] MARCH 9,
1999.
ALL OTHER TERMS UNCtIANG THIS IS THE OPERATIVE INSTRUMENT
WHICH FORMS AN PART OF LETTER OF CREDIT NO. 973695 AND
SHOULD BE ATTACHED TH
FOR ASSISTANCE CALL CUSTOMER SERVICE AT 214-508-0685
SIGNATURE
NATIONSBANK, N.A.
NafionsE u.E[
ISSUING BANK:
NATIONSBANK, N.A.
L/C NO: 973695
AMENDMENT NO: 02
AMENDMENT DATE: 09MAR99
BENEFICIARY: APPLICANT:
THE BOARD OF COUNTY COMMISSIONERS, COLLIER DEVELOPMENT CORPORATION
COLLIER COUNTY, FLORIDA .~ FOR THE AC( OF
2800 NORTH HORSESHOE DRIVE CRO~ DEVELOPMENT, INC.
NAPLES, FLORIDA 34104 3003 TAM] TRAIL NORTH, SUITE 400
ATTN: MR. JOHN BOULDSWORTH NAPLES, DA 34103
WE HEREBY AMEND THE ABOVE REFERENCED STAND LETTER OF
CREDIT AS FOLLOWS:
UNDER DOCUMENTS REQUIRED, THE BENEFI 'S STATEMENT IS AMENDED
TO READ: "COLLIER DEVELOPMENT HAS FAILED TO
CONSTRUCT AND/OR MAINTAIN THE IMPROVE ASSOCIATED WITH THAT
CERTAIN PLAT OF A SUBDIVISION KNOWN RIVERCHASE COMMONS OR A
FINAL INSPECTION SATISFACTORY IN ER COUNTY HAS NOT BEEN
PERFORMED PRIOR TO THE DATE OF E~ AND SATISFACTORY ALTERNATE
PERFORMANCE SECURITY HAS NOT BEEN TO AND FORMALLY
ACCEPTED BY THE BENEFICIARY."
ALL OTHER TERMS UNCHANGED. THIS IS THE OPERATIVE INSTRUMENT
WHICH FORMS AN INTEGRAL PART Oi LETTER OF CREDIT NO. 973695 AND
SHOULD BE ATTACHED THERETO.
FOR ASSISTANCE PLEASE CALL CySTOMER SERVICE AT 214-508-0685.
NATIONSBANK, N.A.
!
April 13, 1999
Item #16A15
LEASE AGREEMENT BETWEEN COLLIER COUNTY AND ACME TOWNERS, INC. FOR THE
CONSTRUCTION AND OPERATION OF A MONOPLE COMMUNICATIONS TOWER WITHIN
THE VINEYARDS COMMUNITY PARK
Page 109
GROUND LEASE AGREEMENT FOR
COMIVlUNICATION TOWER
Acme Site ID: #97-21 Palm River
THIS GROUND LEASE AGREEMENT ("Lease"), is entered into
effectively on the/~-X~, day of ~ 1999, the ("Commencement Date"),
and between the two (2) parties: Collier County ("OVfNER") and Acme Towers
Inc. ("TENANT"). The parties agree as follows:
1. The Property: Owner's Property; The Leased Area; And Tenant's
Property.
A. OWNER owns a parcel of land that has the following address: 6231
Arbor Boulevard, Naples, Florida, herein called ("OWNER's Land"), which is
shown on attached Exhibit Al. TENANT installs and leases communication tower
space to others. TENANT desires to lease land and an access easement thereto,
referred to herein collectively as the LEASED AREA. OWNER's Land is a parcel
of land that is larger in area than the LEASED AREA whereby the LEASED
AREA is but a part of OWNER's Land. All personal property brought onto the
LEASED AREA by or on behalf of TENANT is referred to herein as "TENANT's
Property." Any personal property brought onto the LEASED AREA by OWNER
or on behalf of OWNER is referred to herein as "OWNER's Property." Any
property brought onto the LEASED AREA by any third party is referred to herein
as "Third Party Property."
B. OWNER hereby leases the LEASED AREA to TENANT. This Lease
is not a Franchise under any law, rule or regulation. The LEASED AREA
comprises 1000 square feet of land: a 50 foot by 20 foot parcel, plus an access
easement thereto; both of which are as shown on the attached Exhibit A.
C. OWNER and TENANT ("the parties") hereby agree that the LEASED
AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey
may replace Exhibit A and become a part hereof and shall supersede the Exhibit A
in the event of any discrepancy between such survey and the general reference
description of Paragraph 1.B., above.
2. Access Easement. OWNER hereby grants to TENANT a non-
exclusive access easement (during the entire life of this lease) for free access to the
LEASED AREA seven (7) days a week, twenty-four (24) hours a day, 365 days a
year. No above-ground structures shall be constructed in that access easement
without the expressed written consent of TENANT.
3. Lease Term And Rent.
A. RENT PAYABLE IN MONEY. This lease has an initial term of ten
(10) years from its Commencement Date. The initial annual rent shall be Twenty
Four Thousand Dollars ($24,000.000), pro-rated at 1/12th of the annual total per '
month. One year's annual rent shall be paid annually in advance beginning on the
Commencement Date, and thereafter not later than each anniversary of the
Commencement Date. Rent shall be paid to OWNER (or as OWNER may
otherwise direct to TENANT from time-to-time in writing at least 30 days before
the respective next rent payment due date). Prior to and until the first day of the
month following commencement of delivery of any of TENANT'S property onto
the LEASED AREA, the Annual Rent shall be One Hundred Dollars ($100.00),
twelve (12) months of which shall be prepaid in advance. Any unearned balance
thereof shall be credited against TENANT'S first payment of the initial annual
rental. In the event that TENANT has not delivered any of its Property to the
LEASED AREA prior to the first anniversary date of this lease, TENANT may
either terminate this Agreement for whatever reason upon written notice of such
election to Owner, without further obligation or liability to OWNER; or TENANT
must notify OWNER in writing that this Agreement remain in full force and effect
and with such notice tender to the OWNER the increased rent for the second lease
year. If this TENANT decides that this Agreement shall remain in effect, the
$100.00 per month rent shall automatically increase to the specified annual rental
per year, payable in full for the second lease year not later than the first anniversary
date of this Lease. LATE PAYMENT OF RENT: TENANT shall throughout this
lease pay OWNER a late payment charge equal to five percent (5%) of any
monthly rental payment not paid promptly when due. Any amounts not paid within
thirty (30) days of its due date shall also accrue interest of two percent (2%) per
month or at the highest interest rate then allowed by law, whichever is the higher
rate, which interest shall be paid by TENANT to OWNER. As additional one-time
consideration for the execution of this Lease by OWNER, TENANT will pay
OWNER the sum of ten thousand dollars ($10,000.00) to be used by OWNER to
make improvements to OWNER'S LAND.
B. CONSTRUCTION OFTHE TOWER. Time is of the essence
with regard to having the tower being fully constructed and becoming operational.
It is important that the tower contemplated by TENANT be fully constructed and in
operation not later than the end of the second lease year. TENANT shall strive to
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complete construction of the tower within 180 days of receipt of all relevant
government approvals. The OWNER will reasonably cooperate with the TENANT
with regard to such construction provided TENANT is then acting in good faith to
have the tower fully constructed and operational not later then the end of the
second lease year. However, if the TENANT is not acting in good faith with
regard to having to tower substantially constructed and in operation as of the last
day of the second lease year, the OWNER may summarily terminate this
Agreement without any further obligation whatsoever to the TENANT. If OWNER '
feels compelled to terminate this Agreement because of the TENANT'S failure to
show good faith with regard to such required completion of construction and
commencement of operation of the tower, the OWNER may instruct TENANT to
immediately remove all property brought onto OWNER'S LAND by or on behalf
of TENANT.
C. LEASE EXTENSIONS AFTER FIRST TEN LEASE YEARS.
Provided OWNER has not then delivered to TENANT written notice that OWNER
has declared TENANT to be in default of this Lease, this Lease shall be
automatically extended for ten (10 ) additional years at the end of the initial term
of ten (10) years provided that not more than three hundred and sixty (360) days
prior to the last day of the tenth (10t~) lease year and not less than one hundred and
eighty days (180) prior to that date, TENANT advises OWNER in writing of
TENANT's intention NOT to extend the Lease. Failure to supply such written
notice shall operate as an extension of this Lease effective on the last day of the
tenth (10th) lease year.
D. LEASE EXTENSIONS AFTER THE TWENTIETH YEAR.
Provided OWNER has not delivered to TENANT notice that OWNER has
declared TENANT to be in default of this Lease, then this Lease may be extended,
if, at least six (6) months prior to the end of the twentieth year (20th), either
OWNER or TENANT has not given the other written notice of its desire that the
term of this Agreement end upon the expiration of the twentieth (20th) year,
OWNER and TENANT will negotiate in good faith to come to mutual agreement
regarding terms and conditions of that extended lease term, which will become
applicable as of the first day of the twenty-first (21st) lease year. If OWNER
receives effective notice to extend the Lease but the parties cannot mutually agree
to extend the lease on or before the last day of the twenty (20th) lease year, the
lease shall terminate on the last day of the twenty (20~) lease year unless the parties
then agree in and commence negotiations in that regard.
E. CASH DEPOSITS BY TENANT. TENANT shall also at the time of
the payment of the first annual rent, deposit with OWNER a refundable rent
security deposit of Twenty Thousand Dollars ($20,000), which deposit may be
used by OWNER in the event TENANT breaches this Lease and any breach results
in OWNER incurring expenses that would have not been incurred but for
TENANT'S breach, including expenses for removal of any of TENANT'S property
(including the tower) from the LEASED AREA. If in time OWNER deems such
deposit, with accrued compounded interest accrued thereon, to be insufficient to '
insure the necessary funds to be available to remove the tower and all other of
TENANT'S property from the LEASED AREA, TENANT shall increase that
deposit as demanded in writing by OWNER, but not to exceed Thirty Thousand
Dollars ($30,000) unless OWNER has good cause to conclude that such projected
actual costs will exceed the then existing security deposit. OWNER shall have all
fight and rifle to interest that accrues on ali security deposits. If the parties hereto
should enter one or more other tower site leases at one (1) or more other sites, this
deposit may be applied by OWNER to any one, some, or all of said other sites.
F. AUTOMATIC RENT INCREASES. Commencing with the sixth
(6~) lease year, the annual rent for the sixth lease year through the tenth lease year
shall be the annual rent for the fifth lease year multiplied by one hundred and
twenty percent (120%). Commencing with the first day of the eleventh (11h) lease
year, the annual rent for eleventh lease year through the fifteenth lease year shall be
the rent for the tenth lease year multiplied by one hundred and twenty percent
(120%), which should be one hundred and forty-four percent (144%) of the rent for
the fifth lease year. Commencing with the first day of the sixteenth (16t~) lease
year, the annual rent for the sixteenth lease year through the twentieth lease year
shall be one hundred and seventy three (173%) of the rent for the fifth lease year.
If the Lease, by mutual agreement, is extended beyond the twentieth (20t~) year, the
existing annual rent for the twentieth (20th) lease year shall not be less than one
hundred and twenty (120%) of the rent for the twentieth lease year unless then
expressly agreed otherwise in writing.
4. Use Of The Leased Area and Maximum Height of Structures.
A. TENANT shall use the LEASED AREA to construct, replace,
maintain, repair, and operate its communications tower and facilities, consisting of
a one hundred and fifty foot wireless monopole communications tower that shall
not exceed a height of ONE HUNDRED AND FIFTY (150) FEET ABOVE
GROUND LEVEL ("AGL"), exclusive of any and all antennas that will be
installed thereon; antenna support structures and/or related operational facilities
may be constructed on or near the ~ound within the LEASED ~A. TENANT
shall license part of the tower and needed LEASED AR~A to third parties, and use
the EEASED A]~A for any other then ]awful uses directly related thereto. No
antenna or other thing installed on the tower or at thc LEASED A_R~A shall exceed
a height of ONE HUNDRED AND FIFTY FIVE (155) FEET AGL. Subject to
other provisions regarding approvals and technical specifications related thereto,
any and all antenna arrays (including those of Third Parties) may from time-to-time
be modified, added to, or substituted from. Each structure may be configured as
requested by TENANT from time-to-time, provided TENANT, at its sole expense,
obtains all permits and/or other approvals required by all applicable jurisdictions,
including OWNER, for each configuration.
B. PLANS REVIEW B Y OWNER.
i. OWNER shall review and approve all plans for any and all of the
initial improvements installed within the LEASED AREA, which approval shall
not be unreasonably withheld or unreasonably delayed. Prior to commencing the
initial construction, TENANT shall submit a copy of its plans and specifications to
OWNER for review and approval, which approval shall not be unreasonably
withheld or delayed. No later installation or alteration thereto shall require
approved of plans by OWNER unless OWNER requests to review such plans. Such
plans shall include, if applicable to the improvement, fully dimensional site plans
that are drawn to scale and show: (i) the proposed location of the antennas and
equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and
height and type of fencing; (iv) the proposed color of all structures, including
fencing; and, (v) the proposed type of construction for all structures, including
fencing, and any other relevant details that OWNER may request in that instance.
ii. All improvements shall always be constructed in a workmanlike
manner and shall be completed in compliance with all then applicable laws, rules,
ordinances and regulations. Improvements to or within the LEASED AREA (and
within the easement access area) shall be at no expense to OWNER. TENANT and
all Licensees shall always maintain all of their improvements in a reasonable and
functional condition throughout the life of this Lease to the reasonable satisfaction
of OWNER.
iii. TENANT shall allow OWNER free access to OWNER'S personal
property within the LEASED AREA at all reasonable times that OWNER desires
such access. In the unlikely event that OWNER may be required by law to install
other personal property within the LEASED AREA, OWNER reserves the fight to
do so free of charge provided such property does not materially harm full use of the
tower by TENANT and/or by any third party licensee whether or not then actually
present on the tower or the LEASED AREA.
iv. OWNER has no knowledge of any potential requirement to install any
such property within the LEASED AREA. If the LEASED AREA is in a park,
landscaping and security fencing are of particular concern to OWNER; And
therefore TENANT shall be required to install, repair, and maintain landscaping '
and security fencing to the reasonable satisfaction of OWNER.
C. AT LEAST THREE COMMUNICATIONS SYSTEMS.
i. The tower and all other facilities shall be designed and constructed so
as to accommodate at least three (3) separate communications systems. TENANT
may reserve to itself such exclusive right to use such parts of the tower as
TENANT desires. As possible, TENANT will in fact license space on the tower for
installation of antelmas by Third Parties and TENANT will concurrently license
space on the ground to each of those Third Parties for location of their equipment
as needed and as related to their antennas installed or to be installed on the tower.
ii. TENANT hereby grants to OWNER the right (by license) to utilize,
free from the payment of any rent or any other charges whatsoever, that thirty foot
(30') wide portion (band) of the tower between 80 feet AGL and thirty (30') feet
above that level. OWNER may advise TENANT at any time(s) of OWNER'S
desire to use such area.
iii. These valuable assets are to be used and shall not be reserved for
remotely possible future uses. TENANT shall grant a non-assignable license to the
remaining area(s) on the tower, (and such ground space as is then required) to a
Third Party or Parties on such lawful and reasonable ("fair market") rent terms and
conditions as chosen by TENANT. TENANT may require any licensee to pay a
reasonable security deposit plus pre-payment of one year's license payments.
However, prior to construction of the tower, TENANT shall not unilaterally
mandate that any licensee must contribute any up-front cash to contribute towards
capital costs or installation costs of the tower. If space that is subject to Owner's
option is licensed to a Third Party and that license comes to an end and that license
is not assigned or otherwise transferred to any other responsible party, that
circumstance shall automatically reinstate OWNER's option to elect to use that
space, which option OWNER may then exercise or may wait until there is another
offer from a Third Party to use that space. If OWNER decides to use that space,
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OWNER shall be required to meet the terms of the offer from the Third Party,
except the total amount of rent and/or other payments that OWNER must pay to
TENANT shall never exceed the rent then payable to OWNER by TENANT.
iv. In the event OWNER desires to install equipment on the Tower,
OWNER, at OWNER's expense, shall submit to TENANT the following: (a)
detailed site plans as well as plans and specifications setting forth the proposed
antenna and all other equipment, as well as all construction, installation, and other
work to be performed on the Tower and LEASED AREA; and (b) a list of all
frequencies then currently or then anticipated to be licensed, assigned or otherwise
granted to OWNER by the FCC.
v. If required by TENANT, OWNER, at OWNER's sole expense, shall
also submit a structural analysis of the Tower prepared by an engineer approved by
TENANT addressing the installation of additional antenna and other equipment on
the Tower and demonstrating that the installation of such items will not exceed the
wind loading or other relevant capacities of the Tower. OWNER shall not install
any equipment or commence any work on the Tower or the LEASED AREA until
TENANT approves, in writing, the OWNER's plans and specifications,
frequencies, and structural analysis, if any; such approval to be given in
TENANT'S reasonable discretion.
vi. NON-INTERRUPTION AND NON-INTERFERENCE. No activity of
any user or any representative of any user shall interrupt or unreasonably interfere
with any operation of any other users of the LEASED AREA, including OWNER's
facilities thereof, if any.
D. THIRD PARTY LICENSEES.
i. Each license (which includes each user of the tower) shall always be
subject to all terms and conditions of this Lease, and each license shall be subject to
review and approval of TENANT. OWNER has the right, but not any duty, to
review each proposed license. Use of the tower and site by OWNER and each
Third Party shall be subject to written approval by TENANT upon such reasonable
terms and conditions as may be required by TENANT. TENANT makes no
representations to OWNER or to any Third Party that the LEASED AREA, the
tower or/or any other thing will be suitable for OWNER's needs or any needs of
any Third Party, and TENANT has no obligation to modify anything to suit
OWNER's needs or needs of any Third Party unless TENANT agrees to do so in
writing with that user, and only to that extent. Each Licensee shall be solely
responsible for the cost of locating and placing its property on the tower and on the
LEASED AREA. Each Licensee shall also be responsible for any liabilities that
may arise from that Licensee's use of any part of the LEASED AREA, including
the tower. TENANT shall promptly notify OWNER in writing of all license
requests which TENANT receives for use of the Tower or any other part of the
LEASED AREA.
ii. Each Third Party, at that Third Party's expense, shall submit to
TENANT the following: (a) detailed site plans and with specifications setting forth
the proposed antennas and other equipment, the height and location of such
antennas and other equipment, and the construction, installation and other work to
be performed on the Tower and on the LEASED AREA; and (b) a list of all
frequencies then currently or then anticipated to be licensed, assigned or otherwise
granted to the Third Party by the FCC. If requested by TENANT, the licensee shall
supply to TENANT a structural analysis of the Tower addressing the installation of
additional antennas and other equipment on the Tower by the Third Party and
demonstrating that the installation of such antennas and equipment will not exceed
the wind loading or any other relevant capacity of the Tower. The Third Party shall
not install any equipment or commence any work on the Tower or the LEASED
AREA until TENANT approves, in writing, the Third Party's plans and
specifications, frequencies, and structural analysis (if any), such approval to be
given in TENANT'S reasonable discretion.
iii. Each Third Party's use of the Tower and LEASED AREA shall be
limited to the antennas and other equipment and frequencies approved and
expressly agreed upon in advance by TENANT.
iv. Each Third Party's installation, use and occupancy of the Tower and
LEASED AREA shall be in continued compliance with all then applicable laws,
regulations and requirements of all federal, state, and local authorities, including
the FCC.
v. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE
REQUIREMENTS. Each Third Party shall assume all risks in connection with the
installation, operation, maintenance, repair, replacement and removal of its
antennas and all other property located on the LEASED AREA, including the
Tower. Each Third Party shall maintain commercial general liability insurance
insuring against liability for personal injury, death or damage to personal property
arising out of use of the Tower and the LEASED AREA by the Third Party. Such
insurance shall provide coverage (in an amount of not less than one million dollars
($1,000,000.00) for bodily injury or death to any one (1) or more persons and in an
amount not less than one million dollars ($1,000,000.00) for property damage and
shall include a contractual liability endorsement naming TENANT as an additional
insured on such policies. All insurance policies shall be written with insurance
companies qualified to do business in State of Florida and shall always provide for
(require) thirty (30) days written notice to TENANT prior to cancellation.
Certificates of such policies shall be delivered to TENANT prior to the installation
of the Third Party's equipment. Further, each Third Party shall reimburse
TENANT for any damage to the Tower and TENANT'S equipment, and shall be
required to indemnify and hold TENANT harmless from any and all liability,
claims, demands, actions, losses, damages, orders, judgments and any and all costs
and expenses including, without limitation, reasonable attorneys fees and costs,
arising from or incurred in connection with claims for injury to persons or property
caused by the act or omission of such Third Party or its respective agents,
contractors or employees including, without limitation, the use of the Tower, the
LEASED AREA, and third party's equipment, and the breach of any contractual
obligation to OWNER and/or TENANT.
vi. Subject to provisions to the contrary in the specific licensing
agreement, the Third Party's license is assignable or otherwise transferable to a
responsible party that assumes the Third Party's duties and obligations.
vii. TENANT and OWNER shall have the right to have a representative
present during the installation of each Third Party's antennas and other equipment.
viii. Each Third Party's installation of antennas and other equipment on the
Tower and the LEASED AREA shall be performed on dates and at times and
within time frames approved by TENANT in writing and shall not interrupt or
interfere with the operation of TENANT'S communications system or TENANT'S
equipment unless TENANT agrees in writing to such interruption or interference.
E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY.
i. TENANT must maintain, repair and replace the Tower, and all of its
equipment and all of its property to the highest quality construction, repair and
maintenance standards during the entire life of this Lease.
ii. To protect the integrity of the Tower, all maintenance, repair and/or
replacement performed on OWNER's Property shall always be done in a
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workmanlike manner consistent with TENANT'S high quality construction
standards.
iii. To protect the integrity of the Tower, each Third Party agrees herein
(and must in its license agreement agree) that all maintenance, repair and/or
replacement performed by it or on its behalf shall always be done in a workmanlike
manner consistent with TENANT'S high quality construction standards.
iv. PLAN REVIEW BY TENANT. Subject to the exceptions noted in the
paragraph (v.) below, prior to the commencement of any other than ordinary
maintenance, repair or replacement work on OWNER's Property, OWNER shall
submit to TENANT for approval plans and specifications of the maintenance,
repair and replacement work to be performed. TENANT Shall have the option to
comment upon such plans, specifications and contractor prior to the
commencement of any maintenance, repair or replacement work.
v. ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT.
Notwithstanding any other provision in this Lease, each user of the tower may
conduct its maintenance, repair and/or replacement provided same consists of only
ordinary maintenance, replacement or switching of component parts and does not
increase the height of the tower, cause any antenna or other thing to exceed the
maximum height allowed for that antenna or other thing, or add to the tower so as
to increase the maximum total wind loading then being allocated to that user, or
otherwise constitute any material change to any site plan, building plan, or other
permitted use. All such activities that do not then require a building permit or any
other formal authorization from any other County Department shall be approved by
letter of summary authorization from the Franchise Administration Department or
by the County Administrator or his/her designee. Such (minor) changes by any
user of the tower shall not require any formal amendment or addendum to this
Lease or require any approval by OWNER, TENANT, any Third Party, or from
Board of County Commissioners. The person who grants such summary approval
shall concurrently deliver a copy each such letter of approval to all other occupants
(users) of the LEASED AREA for informational purposes only.
vi. NOTICE TO TENANT OF NEED TO HA VE PHYSICAL ACCESS TO
THE TOWER OR LEASED AREA. Whenever possible, OWNER shall provide
TENANT with at least forty-eight (48) hours notice prior to any maintenance,
repair, replacement work or any other activity that will require access to the Tower
or to the LEASED AREA. If an emergency exists (or there is a REASONABLE
immediate need to exercise police power) in which case notice shall be provided to
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TENANT not later than twenty-four (24) hours after access to the Tower or the
LEASED AREA has occurred. TENANT shall have the right to have a
representative present during any non-emergency maintenance, repair or
replacement by OWNER (or Third Party Licensee) that will require access to the
Tower and/or to the LEASED AREA.
F. INTERFERENCE. Each user of the tower must be able to conduct its
business thereon without unreasonable electrical interference fi.om any other user
of the tower. TENANT agrees to install communications equipment of a type and
frequency which will not cause unreasonable interference with OWNER's
equipment at the LEASED AREA. In the event TENANT'S equipment causes
such interference with OWNER's equipment at the LEASED AREA, TENANT
will take all steps necessary to correct and eliminate such interference at
TENANT'S sole cost and expense. OWNER agrees not to allow any future use of
OWNER's equipment or addition and/or modification to any then current use of the
Tower or OWNER's property that causes interference with or the improper
operation of the Tower, TENANT'S equipment, or any of TENANT'S
communications signals or any system. If any addition or modification to the
OWNER's equipment causes such interference with TENANT'S equipment or
communications signal and/or system, OWNER, upon notification of such
interference, agrees to promptly remedy such unreasonable interference at
OWNER's expense until such interference is corrected to TENANT'S reasonable
satisfaction. In the event OWNER and TENANT cannot resolve such interference
problems, OWNER and TENANT agree to resolve any interference disputes by
arbitration which shall be performed in accordance with the Rules of the American
Arbitration Association. The arbitration decision/award shall be binding upon
OWNER and upon TENANT and may be entered in any Court having jurisdiction
thereof. OWNER and TENANT agree that the costs associated with any
arbitration shall be borne by TENANT if TENANT is the cause of the interference
or by OWNER if OWNER is the cause of the interference.
G. BARE LICENSE TO PARK VEHICLES. If there is insufficient space
to park same within the LEASED AREA, OWNER hereby grants to TENANT and
each future Third Party licensee, subject to availability of space for same, a bare
license with no interest coupled thereto to park their respective motor vehicles on
OWNER's Property for short periods of time while the vehicle owner/entity is
constructing, removing, replacing and/or servicing its antenna(s) and/or its
communications facilities on the tower or otherwise within the LEASED AREA.
H. OWNERSHIP OF TOWER AND OTHER PROPERTY.
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i. During The Life Of This Lease: The Tower and related equipment
shall remain the property of TENANT during the entire life of this Lease. Any
other property brought onto the LEASED AREA by or on behalf of TENANT shall
remain the property of TENANT during the life of this Lease and after termination
of this lease. All property brought upon the LEASED AREA by OWNER shall
remain the property of OWNER. All property brought upon the LEASED AREA
by any Third Party shall remain the property of that Third Party during the life of
this Lease and after expiration or termination of this Lease except as may be
specified otherwise in the respective controlling license agreement for the subject
property of that Third Party licensee.
ii. At Expiration or Termination of Lease: If the termination or
expiration of this Lease occurs before an extension into the 20 lease year (See
Section 3 (D), and if OWNER desires to acquire ownership of the tower, Owner
shall pay to TENANT the then depreciated book value of the Tower minus any off-
setting claims, if any, that OWNER then has against TENANT. If this lease
expires or is terminated after the Lease is extended into the 20 lease year (per
Section 3 (D), OWNER may elect to direct to TENANT that TENANT shall not
remove the tower from the LEASED AREA, whereby the Tower shall thereby
automatically, at no cost to OWNER, become the sole property of OWNER; Also
TENANT, upon removal of all of its other property from the LEASED AREA,
shall then have no further duty or responsibilities with regard to the tower. The
Security deposit, then in possession of OWNER, may be spent to complete any of
the duties of TENANT that are not accomplished in a timely manner and
completely fulfilled by TENANT. When all duties are completed fulfilled by
TENANT, within a timely manner, the Security deposit will be returned to
TENANT.
iii. Third Party Licensees: Often referred to herein as "Users". Each
license from TENANT to each third party shall specifically require that at the end
of this Lease each Third Party shall immediately remove all of its property from the
LEASED AREA unless this requirement is then waived in writing by OWNER.
All property removed by TENANT or Third Party shall be removed by or on behalf
of its then owner without delay and at no cost to OWNER. Removal of all property
by or on behalf of TENANT and each Third Party shall be done promptly and in a
workmanlike manner and the LEASED AREA shall be restored by TENANT, at no
cost to OWNER, to its original condition, only normal wear and tear excepted.
OWNER may, however, then grant to each respective Third Party a license from
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OWNER to remain on the Tower and/or the LEASED AREA, in which event the
property of the Third Party may remain on the tower and/or LEASED AREA in
accord with such license from OWNER.
5. Termination Of This Lease By TENANT
A. During First Lease Year. Notwithstanding that fact that TENANT
may have brought property onto the LEASED AREA per paragraph 3 of this
Lease, if any of the following events (paragraphs i through iv) occur, TENANT
still will have the fight to immediately terminate this Lease by delivering to
OWNER written notice of such termination before three hundred and sixty-five
(365) days of the Commencement Date of this lease.
i. TENANT determines, in its sole discretion, that it will be unable to
obtain all necessary Governmental Approvals for TENANT'S intended uses of and
improvements to the LEASED AREA as desired by TENANT; or
ii. TENANT'S application for any Governmental Approvals necessary
for TENANT'S use of the LEASED AREA and/or TENANT's Property and
improvements desired by TENANT is denied or becomes commercially
impracticable; or
iii. Any Governmental Approvals necessary for TENANT'S use of the
LEASED AREA and/or improvements to the LEASED AREA, whether now or
hereafter desired by TENANT, have been canceled, have expired, have lapsed or
have otherwise been withdrawn, terminated or denied so that TENANT, in its
reasonable judgment, determines that it will no longer be able to use the LEASED
AREA for TENANT'S intended uses; or
iv. The Federal Communications Commission ("FCC") allocates the
frequencies at which TENANT may operate the subject antennas and related
equipment and may from time to time change such frequencies. Any change of this
nature that, in TENANT'S reasonable judgment, renders its operation of a wireless
communications facility at the LEASED AREA obsolete; or
v. If TENANT determines that the LEASED AREA has become
unsuitable for TENANT'S operations due to changes in system design or network
design or in the types of equipment used in such operations, or it appears to
TENANT that TENANT'S operations at this site will not be profitable.
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vi. Any timely termination notice delivered to OWNER by TENANT
shall cause this Lease to expire with the same force and effect as though the date
set forth in such notice were the date originally set as the expiration date of this
Lease and the parties shall make an appropriate adjustment, as of such termination
date, with respect to payments due to the OWNER under this Lease.
vii. OWNER may terminate this' Lease if TENANT does not in good faith
make and continue to pursue all reasonable efforts to obtain all required permits
and construct the planned tower and all of its necessary related facilities. OWNER
may instruct TENANT to remove all of its property and restore the property to its
original condition, all at no cost to OWNER.
B. Subsequent to First Lease Year. Subject to the following
paragraphs (i through iii), TENANT has the right to immediately terminate this
Lease by giving written notice to OWNER of such termination anytime subsequent
to three hundred and sixty-five (365) days of the Lease's Commencement Date.
i. TENANT deeds the Tower to OWNER fi'ee and clear unless OWNER
instructs TENANT to remove the tower, in which event TENANT shall have the
tower removed and have the LEASED AREA restored to its original condition, all
at no cost to OWNER.
ii. OWNER shall retain all prepaid rent for the then applicable lease year
and TENANT shall pay to OWNER the applicable twelve month's rent for the
entire following lease year (12 months).
iii. This option to terminate does not in anyway bar, prevent or impede
TENANT from selling the tower to a responsible third party, which entity must
become an assignee of this Lease prior to any effective sale of the tower and/or
other property of TENANT.
6. Assignment And Subletting.
A. TENANT shall not assign, transfer or otherwise convey this Lease, in
whole or in part, by operation of law or otherwise, nor mortgage or pledge this
Lease or any of TENANT's property or any part thereof, nor sublet or license any
part of (space upon) the tower or other of TENANT'S Property without the prior
written consent of OWNER, which consent shall not be unreasonably withheld or
unreasonably delayed. Each entity that becomes a successor in interest (by
14
purchase of the tower, etc., or by whatever means) of TENANT fights under this
Lease must be a responsible entity that will enable all users of this tower and
LEASED AREA to continue to conduct their activities on the tower and LEASED
AREA without undue inconvenience and without additional expense. Any
assignment or other transfer whatsoever not expressly authorized by OWNER in
writing shall be void ab initio.
B. Except to the extent, if any, that is concurrently agreed to in writing by
OWNER (a partial or complete novation), no consent by OWNER to any
assignment, lease, sublease or any other transfer by TENANT (including sale of the
tower, etc.,) to any entity except OWNER, shall relieve TENANT of any obligation
to be performed by TENANT under this Lease, whether arising before or after the
assignment, sublease or any other transfer. The consent by OWNER to any
assignment, sublease, or other transfer, shall not relieve TENANT from the
obligation to obtain OWNER's express written consent to any other or subsequent
assignment(s), sublease(s) or any other transfer(s).
C. Any sale or other transfer, including by consolidation, merger or
reorganization, by sale or transfer of a majority of the then outstanding voting stock
of TENANT (if TENANT is then a corporation) or any sale or other transfer of a
majority interest (whether of profits, losses, capital, or voting power) or of a
majority of the persons that then comprise the managers of the parmership (if
TENANT is than a partnership), shall not be considered to be an assignment for
purposes of this Section 6.
D. Subject to all conditions regarding assignments, nothing herein
prevents TENANT from assigning this lease during the first lease year.
7. Utilities. TENANT shall be responsible directly to all serving entities for all
utility services used at the LEASED AREA. OWNER agrees to cooperate with
TENANT in its efforts to obtain utilities from any location provided by the
OWNER or by any other servicing utility.
8. Indemnification, Insurance, Assumption Of Risk.
A. Subject to Paragraph 8.E., TENANT hereby agrees to indemnify and
hold OWNER harmless from and against any and all claims of liability for personal
injury or property damage to the extent that they result from or arise out off (i) the
acts or omissions of TENANT, its agents and employees in, on or about the
LEASED AREA and/or the easement access area, excepting however, such claims
15
or damages as may be due to or caused solely by the acts or omissions of OWNER,
its employees or agents; and/or (ii) TENANT'S breach of any term or condition of
this Lease on TENANT'S part to be observed or performed. TENANT shall
defend OWNER if OWNER is sued by any person whomever or entity whatsoever
for alleged electrical of other interference from any antenna or other facility on the
tower or the LEASED AREA, excepting only from interference from OWNER's
facilities, if any, on the tower because OWNER is not and shall not be responsible
in any way for any facilities not owned by OWNER.
B. To the extent then allowed by law, and subject to Paragraph 8.E.,
OWNER hereby agrees to indemnify and hold TENANT harmless from and
against any and all claims of liability for personal injury or property damage to the
extent that they result from or arise directly out of: (i) acts or omissions of
OWNER, its agents and employees in, on or about the LEASED AREA and/or
access easement area subsequent to the commencement date of this Lease,
excepting, however (i) such claims or damages as may be due to or caused solely
by the acts or omissions of TENANT, its employees or agents, and/or (ii)
OWNER's breach of any term or condition of this Lease on OWNER's part to be
observed or performed.
C. TENANT shall provide OWNER with a certificate of insurance,
issued by an insurance company licensed to do business in the State of Florida
proving that TENANT then carries comprehensive general liability insurance with
limits of liability thereunder of not less that One Million Dollars ($1,000,000.00)
combined single limit for bodily injury and/or property damage together with an
endorsement for contractual liability. Such insurance shall name OWNER as an
additional insured with respect to the LEASED AREA and with respect to
TENANT'S Property. TENANT will provide OWNER with a renewal certificate
within ten (10) business days of OWNER's request for such certificate. Any
insurance required to be provided by TENANT under this Paragraph 8C may be
provided by blanket insurance policy covering the LEASED AREA and
TENANT'S Property and other locations of TENANT, provided such blanket
insurance policy complies with all of the other requirements of this Lease with
respect to the type and amount of insurance required. TENANT may also fulfill its
requirements under this Section 8C through a program of self-insurance. If
TENANT elects to self-insure, then TENANT shall furnish OWNER with a letter
stating that said self-insurance program then in effect provides for coverage equal
to or greater than that required of TENANT herein by private insurance. OWNER
cannot be certain that the specific insurance requirements specified in this Lease
will be adequate with the passage of time; therefore, OWNER reserves the right to
16
reasonably amend the insurance requirements by issuance of Notice in writing to
TENANT, whereupon receipt of that Notice TENANT shall have sixty (60) days in
which to obtain the required additional insurance, unless, for good cause, OWNER
requires that such insurance be acquired in less than sixty (60) days.
D. OWNER shall provide TENANT with a certificate of insurance,
issued by an insurance company licensed to do business in Florida indicating that
OWNER carries comprehensive general liability insurance with limits of liability
thereunder of not less than One Million Dollars ($1,000,000.00) combined single
limit for bodily injury and/or property damage, together with an endorsement for
contractual liability. OWNER will provide TENANT with a renewal certificate
within ten (10) business days of TENANT'S request for such certificate.
E. Each such policy described in either paragraph (C) or (D), above, shall
be written so as to provide that the insurance company waives all fights of recovery
by way of subrogation it may have against OWNER or TENANT in connection
with any loss and/or damage covered by such policy. The OWNER and TENANT
agree and hereby release each other with respect to any claim (including a claim for
negligence) which the other party may have against such party for loss, damage or
destruction of, or liability for damages to, the LEASED AREA and/or TENANT's
property occurring during the term of this Lease, as same may be extended, and
normally covered under a fire insurance policy with extended coverage.
Notwithstanding anything contained in this Lease to the contrary, the provisions of
this Paragraph 8.E. shall control.
F. ASSUMPTION OF RISK BY TENANT AND USERS. TENANT and
each third party licensee, their successors and assigns, accepts the LEASED AREA
and easement access area "as is." TENANT and each third party licensee, for its
officers, agents, affiliates, contractors, materialmen, suppliers, laborers, and
employees (collectively "TENANT" for the purposes of this Section 8) hereby
undertakes and assumes all risk of dangerous conditions, if any, on the LEASED
AREA and on the access easement area, and hereby agrees to indemnify and hold
harmless OWNER and all other Users against and from any claim asserted or
liability imposed upon OWNER or any other User for personal injury or property
damage to any person (other than from OWNER's gross negligence) arising out of
the TENANT'S or User's installation, operation, maintenance, repair, and/or
condition or use of the LEASED AREA and/or the access easement area, or
TENANT'S failure to comply with any federal, state or local law, ordinance, rule
or regulation.
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9. TENANT DEFAULTS.
A. The occurrence of any one or more of the following events shall
constitute an "Event of Default" of this Lease by TENANT:
i. OWNER will not tolerate late payment of rent in full. The failure by
TENANT to make any payment of rent as and when due. Each rent payment shall
be mailed to OWNER via certified mail, return receipt requested, or by any other
method where TENANT is notified in writing by the carrier that delivery of the
rent to the OWNER has actually occurred. OWNER shall have no duty or
responsibility to notify TENANT of any late payment or of the fact that the
payment was less than the full amount then due to OWNER except as prerequisite
to declaring TENANT to be in default of this Lease, in which case OWNER shall
give TENANT at least ten (10) days notice of intent to declare a default for failure
to pay that rent payment in full and on time.
ii. The failure by TENANT to observe or perform any of the covenants
or provisions of this Lease to be observed or performed by TENANT, other than as
specified in Paragraph 9.A.(I), above, where such failure shall continue for a period
of forty five (45) days after written notice thereof is received by TENANT from
OWNER; provided, however, that it shall not be deemed an Event of Default by
TENANT if TENANT shall commence to cure such failure within said sixty (60)
day period and thereafter diligently prosecutes such cure to its full completion.
iii. If TENANT abandons or vacates the Property, of if any Trustee does
not unconditionally assume this lease pursuant to applicable bankruptcy or other
laws.
iv. To the extent allowed by law, if TENANT is adjudicated a bankrupt or
makes any assignment for the benefit of creditors, or if TENANT becomes
insolvent, or OWNER otherwise reasonably believes itself to be insecure. If
TENANT becomes insolvent or OWNER reasonably believes itself to be insecure,
the TENANT or Trustee must provide OWNER with adequate assurances of future
performance before this lease can be assigned in bankruptcy or for the benefit of
creditors. Any such assignment shall require the assignee to provide OWNER with
a security deposit of one year's rent at the then existing rental rate. The assignee
must be able to immediately continue operation of TENANT's facilities at the
tower site and not unduly inconvenience any then existing operation at the tower or
LEASED AREA. TENANT shall remove its personal property only to the extent
18
that such removal does not result in any shutdown of any of the other
communications operations on the tower or the LEASED AREA.
B. If there occurs an Event of Default by TENANT, in addition to any
other remedies available to OWNER at law or in equity, OWNER may elect to
terminate this Lease and all rights of TENANT hereunder.
C. If there occurs an Event of Default by TENANT, OWNER shall not
have the right, prior to the termination of this Lease by a court of competent
jurisdiction, to enter upon any of TENANT's Property and/or remove persons or
property from TENANT's Property, except as needed to accomplish emergency
repairs or emergency exercise of police powers.
D. In the event of a material default of this Lease by TENANT, OWNER
shall have the right, at its option, in addition to and not exclusive of any other
remedy OWNER may have by this Lease or by operation of law, without any
further demand or notice, to declare this Lease to be terminated. If then ordered
by OWNER, TENANT shall immediately remove the tower and its property as
specified by OWNER, and TENANT shall then pay to OWNER a sum of money
equal to the total of (i) the amount of unpaid rent, if any, then accrued through the
date of termination; (ii) the amount by which the unpaid rent reserved for the
balance of the term; and (iii) any other amount necessary to compensate OWNER
for all detriment proximately caused by TENANT'S failure to perform its
obligations under the Lease. In the alternative, OWNER, rather than terminate this
Lease, may relet the tower, for the account of TENANT upon such terms and
conditions as OWNER may deem advisable, and any moneys received from such
reletting shall be applied first to the expenses of such reletting and collection,
including reasonable attorneys' fees, real estate commissions paid, if any, and
thereafter be applied toward payment of all sums due or to become due to OWNER
hereunder, and if a sufficient sum shall not be thus realized to pay such sums and
other charges, TENANT shall pay OWNER, monthly, any deficiency,
notwithstanding that OWNER will have received rental payments from others in
excess of the rental to OWNER stipulated in this Lease in previous or subsequent
months, and OWNER may elect to bring an action therefor as such monthly
deficiency shall arise.
E. No re-entry and taking of possession of TENANT's Property by
OWNER shall be construed as an election on OWNER's part to terminate this
Lease, regardless of the extent of renovations and alterations by OWNER, unless a
written notice of such specific intention is given to TENANT by OWNER.
19
Notwithstanding any reletting without termination, OWNER may at any time
thereafter elect to terminate this Lease for any such previous breach.
10. Notices. All notices hereunder must be in writing and, unless otherwise
provided herein, shall be deemed validly given if sent by certified mail, return
receipt requested, addressed as follows (or to any other mailing address which the
party to be notified may designate to the other party by such notice) or by overnight
courier service with a concurrent copy each to: (1) Office of the Collier County
Attorney and (2) Collier County's Real Property Management Department. Should
OWNER or TENANT have a change of address, the other party shall immediately
be notified as provided in this Paragraph of such change. Unless OWNER
otherwise specifies in writing, rent checks fi.om TENANT shall be sent to the
person listed below to whom notices are sent.
TENANT: Acme Towers Inc.
Attention: J. Kevin Barile
Address: 4830 W. Kennedy Blvd., Suite 340
Tampa, Florida 33609
Telephone Number: 813.258.2588
With a copy to:
Attention: Wm. Todd Lax, Esq.
Address: 4830 W. Kennedy Blvd., Suite 340
Tampa, Florida 33609
Telephone Number: 813.258.2588
OWNER: Collier County
Attention: Franchise Administration Coordinator
Address: 3301 East Tamiami Trail, Administration Building, First Floor
Naples, FL 34112
Telephone No.: (941) 774-8585
11. Sale Or Transfer Of The Leased Area By Owner.
OWNER has no plans to sell or otherwise convey away any part of or any
interest in any part of the LEASED AREA to TENANT or any other person or
entity. Should OWNER, at any time during the life of this Lease, sell, lease,
transfer or otherwise convey all or any part of the LEASED AREA, to any
20
transferee other than TENANT, then such transfer shall be under and, during the
entire term of this Lease, shall be subject to this Lease and all of TENANT'S rights
hereunder and rights of all Third Parties. All of the provision, agreements, rights,
powers, covenants, conditions and obligations contained in this Agreement shall be
binding upon the parties, their respective heirs, successors (by merger,
consolidation or otherwise) and assigns, lessees and all other persons acquiring any
interest in the OWNER's PROPERTY and the LEASED AREA, or any portion
thereof, whether by operation of law or in any manner whatsoever and shall inure
to the benefit of the parties and their respective heirs, successors (by merger,
consolidation or otherwise) and assigns. All of the provisions of this Lease shall
constitute covenants running with the land pursuant to Florida law.
12. Hazardous Substances.
A. OWNER has no knowledge that either OWNER or any other person
or entity has used, generated, stored or disposed of, or permitted the use,
generation, storage or disposal of any Hazardous Material (as defined in Paragraph
12.B, below) on, under, about or within any part of OWNER's Property in
violation of any law or regulation. OWNER, TENANT and each USER agree that
they will not use, generate, store or dispose of any Hazardous Material (as defined
in Paragraph 12.B, below) on, under, about or within OWNER's Property in
violation of any applicable law or regulation.
B. OWNER, TENANT AND EACH USER agree to defend and
indemnify the other and the other's partners, affiliates, agents and employees
against any and all losses, liabilities, claims and/or costs (including reasonable
attorneys' fees and costs) arising from any breach of any warranty or agreement
contained in Paragraph 12.A. As used in Paragraph 12.A, "Hazardous Material"
shall mean any substance, chemical or waste identified as hazardous, toxic or
dangerous in any applicable federal, state or local law or regulation (including
petroleum and asbestos).
13. Condemnation.
A. Whole Condemnation. Because OWNER is a governmental entity and
few condemnors have authority to condemn the LEASED AREA, it is unlikely that
the LEASED AREA will ever be condemned. Nevertheless, if the LEASED
AREA, including without limitation any of TENANT's Property or property of
each USER, shall be taken or condemned, either temporarily or permanently, for
public purposes, or sold to a condemning authority under threat of condemnation to
21
prevent taking, then this lease shall automatically terminate as of the date of the
taking, condemnation, or sale.
B. Partial Condemnation. If any portion of the LEASED AREA shall be
taken or condemned, either temporarily or permanently, for public purposes, or
sold to a convening authority under threat of such condemnation to prevent taking,
then OWNER agrees that TENANT may use and/or construct upon an alternative
portion of OWNER's Property that is suitable for TENANT'S purposes, provided
such suitable space is then available. The exact site to which TENANT may
relocate will be determined by OWNER, and it may be any portion of OWNER's
Property (or other property owned or controlled by OWNER), provided TENANT
approves the new site as being suitable for TENANT'S intended uses. OWNER
will designate a site to which TENANT may relocate prior to the taking,
condemnation or sale. In the event no alternative portion of the OWNER's
Property is suitable for TENANT'S purposes, then this Lease shall forthwith
automatically terminate as of the date of the taking, condemnation or sale.
C. Condemnation Award. OWNER shall receive the entire
condemnation award for the land and all other improvements as were paid for by
OWNER. TENANT hereby expressly assigns to OWNER any and all right, title
and interests of TENANT now or hereafter arising in and to any such award.
TENANT shall have the right to recover from the condemnor, but not from
OWNER, any compensation as may be awarded to TENANT on account of the
taking of its leasehold interest, moving and relocation expenses, and depreciation to
and removal of personal property and fixtures of TENANT from the LEASED
AREA.
14. Liens. TENANT shall keep TENANT's Property free from any liens
arising out of any work performed, materials furnished, or obligations incurred by
or on behalf of TENANT. TENANT shall, within thirty (30) days following the
imposition of any such lien, cause the same to be released of record or otherwise,
either by payment thereof or by posting of a proper bond in accordance with
Section 713.24, Florida Statutes. No work which OWNER performs or has
performed within the LEASED AREA shall be deemed to be for the use and
benefit of OWNER so that no mechanics or other lien shall be allowed against the
estate of OWNER by reason of OWNER's consent to any such work. OWNER
may, at its election, post notices in the LEASED AREA advising that OWNER it is
not responsible for payment for any such work.
22
15. Fire And Other Casualty Damage To Facilities. If the tower and/or
related facilities is/are totally or substantially destroyed by an act or occurrence
beyond the control of TENANT, TENANT may terminate this Lease effective on
the date of such occurrence, or TENANT may elect to rebuild the tower or
construct a substantially similar tower. If TENANT elects to terminate this Lease
under this provision, any unearned rent for the remainder of that lease year shall be
refunded by OWNER to TENANT provided TENANT has not otherwise breached
this Lease to the monetary detriment of OWNER or to any User. If TENANT
elects to rebuild the tower (or construct a new tower) the annual rental shall be
reduced to $100.00 per month for only the ninety (90) days following the damage
date occurrence, at which time the prior then existing annual rent shall
automatically recommence.
16. Taxes.
A. This is a net-net Lease as to OWNER. TENANT shall be liable for
and shall pay to the applicable taxing authority if billed directly to TENANT, or to
OWNER if billed to OWNER, upon thirty (30) days prior written notice from
OWNER, any and all taxes and assessments levied against any personal property or
trade or other fixtures placed by TENANT in or about the LEASED AREA.
B. OWNER's Property is not now subject to any real property taxes.
Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any,
that may be levied against the LEASED AREA and/or against OWNER's Property
as a result of this Lease and/or any improvements constructed on the LEASED
AREA by TENANT and/or any licensees other than OWNER. TENANT shall not
be responsible for any increases in real property taxes which are a result of tax
assessment of OWNER's Property due to improvements made by Owner or any
third parties acting under Owner.
C. If any tax, any payment "in lieu of' or "as a substitute for" all or any
portion of any taxes and/or special assessments are imposed on any of the tangible
and/or intangible property, such tax obligations shall be assumed and be paid by
TENANT except as to any such payments directly attributable to communications
equipment installed on the site by OWNER. This assumption shall not preclude
TENANT from contesting any and all such obligations.
17. Quiet Enjoyment And Non-Interference.
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A. OWNER warrants that OWNER is seized of good and sufficient title
to and interest in the LEASED AREA and has adequate authority to enter into and
execute this Lease to TENANT. OWNER knows of no liens, judgments or
impediments of title on the LEASED AREA that would affect this Lease.
OWNER warrants and agrees that TENANT, upon paying the rent and performing
all covenants herein provided, shall peaceably and quietly have and enjoy the
LEASED AREA. It is the opinion of the County Attorney that the planned uses of
the LEASED AREA, as expressed in this Lease, are allowed and permitted uses of
the LEASED AREA and are not in violation of any Zoning Ordinance or other
Land Use Ordinance that applies to the LEASED AREA.
B. OWNER hereby grants to TENANT, as a primary inducement to
TENANT'S entering into this Lease, the first priority right to install its antennas
and operate its wireless communications facility on the LEASED AREA. From
time to time OWNER may grant to other entities a lease or license to install
communications towers and/or operate wireless communications facilities on
OWNER's Property and/or the right to install antennas in connection with the
operation of such facilities or other communications facilities; provided, however,
that OWNER shall not allow the operation of any such facilities, antennas and/or
equipment by others which unreasonably interfere with the operation of any
antennas and/or equipment in the LEASED AREA as it exists at the time of such
other occupant's installation or as it may be modified at any time during the term of
this Lease, and as the same may be extended. If any such unreasonable
interference occurs, OWNER agrees to cause the elimination of such interference
with operations at the LEASED AREA within a reasonable time after receipt of
TENANT'S notice of such interference and, if necessary, to cause the interfering
party to modify or cease its operations. If such interference continues for more
than thirty (30) days after TENANT'S notice to OWNER with respect to such
interference, OWNER shall require the party causing the interference to
immediately modify its use of or immediately cease using such equipment to the
extent that it is then causing such interference.
C. TENANT covenants and agrees that, during the entire term of this
LEASE, no equipment, installation, operation and maintenance at the LEASED
AREA, including same by any third party licensee, shall not interfere with the
operation of the OWNER's 800 MHz system or OWNER's other transmitted or
received radio signals. In the event there is any such interference, TENANT will
promptly take all steps necessary to correct and eliminate same within a reasonable
period of time. If TENANT is unable to eliminate such interference caused by any
such equipment, installation, operation and/or maintenance at the LEASED AREA,
24
TENANT agrees to remove the offending antennas from the LEASED AREA and,
if the interference cannot be corrected to the satisfaction of OWNER, this Lease
may be terminated at the election of OWNER. This provision shall be specifically
spelled out in every license from TENANT to each third party licensee.
18. Estoppel Certificates and Subordinations.
A. OWNER, at the request of TENANT, shall provide TENANT with a
certificate stating: (1) whether OWNER has any claim against TENANT for rent
or otherwise and if so, stating with specificity the nature of each such claim; (2)
that OWNER recognizes TENANT'S right to TENANT'S antennas, equipment and
other property at the LEASED AREA; (3) that TENANT then has the right to
remove TENANT'S equipment and other property from the LEASED AREA
provided such removal will allow the remaining users of the tower to make its use
of the tower (not notwithstanding that such property may be considered fixtures
under Florida law); and (4) that OWNER at the time of execution of the Estoppel
Certificate has no legal interest in and affirmatively disclaims any interest to
TENANT'S equipment and other property within the LEASED AREA.
B. TENANT, at the request of OWNER, shall provide OWNER with a
certificate stating: (1) that this Lease is unmodified and in full force and effect (or,
if there has been any modification, that the same is in full force and effect as
modified (and shall state the modification(s)); (2) whether or not, to TENANT'S
knowledge, there are then existing any set-offs or defenses against the enforcement
of any of the agreements, terms, covenants or conditions hereof upon the part of
TENANT to be performed or complied with (and, if so, specifying each of the
same); and (3) the dates, if any, to which rent has then been paid in advance; and
(4) any, if in the first lease year, other provisions required to enable TENANT to
obtain a perfected UCC-1 to finance the tower and/or its equipment.
C. ALL OTHER INTERESTS SUBORDINATE. This Lease and all of
TENANT's property at the LEASED AREA shall during its life always be superior
to any mortgage and any other pledge by OWNER and by TENANT. OWNER
and TENANT shall at no cost or expense to the other, execute whatever
subordination agreements and/or other instruments as may be reasonably required
by the other to evidence such subordination. It is hereby agreed that a request by
TENANT for a subordination from OWNER to facilitate TENANT'S initial
financing of the tower and/or any or TENANT's initial equipment is a reasonable
required subordination. TENANT hereby affirms that as of the date of execution
of this Lease there is no deed of trust, mortgage, or other any other encumbrance
25
affecting this Lease or any of TENANT'S property that may be placed within the
LEASED AREA. OWNER promises that there exists no mortgage, deed of trust,
or other encumbrance or pledge by OWNER that is superior to TENANT'S
Leasehold interests in this LEASE, and that OWNER shall not knowingly enter
into or suffer any such encumbrance to become superior to any of TENANT'S
interests under this Lease. The only possible exception to this promise by OWNER
could be an encumbrance that is not avoidable by OWNER as a matter of law.
19. Miscellaneous Provisions.
A. CONTROLLING LAW. This Lease and all license agreements and
other agreements related hereto and the performance hereof shall be govemed,
interpreted, construed and regulated by the laws of the State of Florida. Any
lawsuits that may be brought to enforce any part of this Lease, including any claim
for damages, shall be brought in Collier County.
B. BROKERS. OWNER and TENANT represent to each other that they
have not negotiated with any real estate broker in connection with this Lease.
C. ENTIRE AGREEMENT. This Lease, including attached exhibits
(which are hereby incorporated by reference) incorporates all agreements and
understandings between OWNER and TENANT, and no verbal agreements or
understanding shall be binding upon either OWNER or TENANT. Any addition,
variation or modification to this Lease shall be ineffective unless made in writing
and signed by both of the parties. All license agreement shall be subject to this
Lease.
D. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES.
OWNER agrees that the LEASED AREA complies with and during the term of this
Lease shall continue to comply with all building, life/safety, disability and other
laws, codes and regulations of any applicable governmental or quasi-governmental
authority. Correcting any such non-compliance shall be accomplished at no cost or
expense of TENANT.
E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other
directly related agreements shall be binding and inure to the benefit of the parties,
their successors and/or assigns. This Lease, and each and every covenant and
condition herein, is intended to benefit the LEASED AREA and shall extend to and
bind all successors and assigns of the respective parties.
26
F. NON-TECHNICAL READING OF TERMS AND CONDITIONS. All
provisions hereof shall be construed as both covenants and conditions, the same as
if the words importing such covenants and conditions had been used in each
separate paragraph. No distinction between a condition, a term, a promise or a
covenant is intended or shall be implied.
G. NEUTRAL CONSTRUCTION. Each party has had an opporttmity to
review and negotiate this Lease and have executed this Lease only after such
review and negotiation. The language of each part of this Lease shall be construed
simply and according to its fair meaning, and this Lease shall not be construed
more strictly in favor or against either party.
H. ATTORNEYS' FEES. If either party institutes any action or
proceeding in court to enforce any provision hereof, such as an action for damages
for any alleged breach of any provision hereof, then the prevailing party in such
action or proceeding shall be entitled to receive from the non-prevailing party such
amount as the court may adjudge to be reasonable attorneys' fees for the services
rendered to the prevailing party, together with its other reasonable litigation
expenses.
I. FAILURE TO CURE CURABLE BREACH. If either party breaches
this Lease in any manner and fails to commence to cure such breach within thirty
(30) days after receiving a written notice from the other party exactly specifying
the violation (or if the breaching party fails thereafter to diligently prosecute the
cure to completion), then the non-breaching party may enforce each of its rights
and remedies under this Lease or provided by law or it may (although it shall not be
obligated to do so) cure that breach or perform the breaching party's obligations
(on the breaching party's behalf and at the breaching party's expense) and require
the breaching party to reimburse all reasonable expenses incurred in doing so, plus
interest (from the date such expenses are incurred until reimbursement) at twelve
percent (12%) per annum.
J. SEVERABILITY. If any portion of this Lease is declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion shall be
deemed modified to the extent necessary in such court's opinion to render such
portion enforceable and, as so modified, such portion and the balance of this Lease
shall continue in full force and effect.
K. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other
remedies provided for in this Lease, OWNER and TENANT shall be entitled to
27
immediate restraint by injunction (or any other approp~ate equitable remedy) of
any violation of any of the covenants, conditions or provision of t~s Lease.
L. CAPTIONS. The captions of the paragraphs used in this Lease are for
convenience of reference only and shall not affect the interpretation of this Lease.
M. GO VERNMENT APPRO VALS BY TENANT. OWNER acknowledges
that TENANT'S ability to use the LEASED AREA and TENANT's Property for its
intended purposes is contingent upon TENANT obtaining and maintaining, both
before and after the Commencement Date, all of the certificates, permits, licenses
and other approvals (collectively, "Governmental Approvals") that may be required
by any federal, state and/or local authority, including OWNER, for the foregoing
uses and improvements to the Property desired by TENANT. OWNER agrees to
cooperate with TENANT in TENANT'S efforts to obtain such governmental
Approvals and OWNER shall take no action that would adversely affect
TENANT'S obtaining or maintaining such Governmental approvals.
N. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the
execution of this Lease, OWNER shall execute and deliver to TENANT for
recording a "Memorandum of Lease Agreement" in the form of the attached
Exhibit B. This Lease is a public record under Chapter 119, Florida Statutes.
/
/
/
/
/
/
/
/
END
28
IN WITNESS WHEREOF, OWNER and TENANT have duly executed this
Lease as of the day and year first above written (the Commencement Date).
.~ST: OWNER:
!, 6 ~: t , .
'~:Jd~E~GI-i~'~./13ROCK, CLERK BOA~ OF CO~ COMMI~IONE~
~"'~"~';'~ :' ' ':'"'~ '"' :~ COLLIER CO~TY~LO~>
~By.,.:.~~ By:
'as to Fo~ ~d
/
Legal Sufficiency:
Assismt Co~ A~omey Co~'s S. S. Tax No.'
TENANT:
ACME TOWERS INC.
A Florida corporation
By: ~
Print Name: Kevin Barile
Title: President
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing Lease was acknowledged before me this 25th day of March,
President who is personally known to
1999, by Kevin Barile, as the of TE~ ~ANT,
me.
Milton K. $ohmidt ~-"- - Notary Public
a~~,~ ~1;~.~T ~11~'~ Commission Expires AUG. 27, 2002 # CC 77100 ' .
Serial Number: 7~ I DO
~'"""'"""""~""~ My Commission Expires:
-end-
29
Exhibit "A"
Legal Description
LEGAL OESCRIPTION OF PAJ~NT reACT:
TRACT ~1¢, THE'~INE'YAI~OS UNIT 3, ACCORD/NO TO TH~ MAP OR PLAT THEREOF',
'AS RECOROCr..D.IN PLAT'BOOK 15, PAGES' 2 ~ $, IN(~USIVF.., OF THE PU~JC
LEGAL I:~SCRIPTION OF' IZA~: PARCEL:
A'PARCEL Of' LAND LYING IN S~CTI(~. S, TOV/~H1P 4g .~:~JTH, RANGE 26 EAST.
COLLE. R COUNTY, FLC~'IDA, BeiNG A PaR'noN OF TRACT "S-4" Or THE Pt. AT OF
THE ~INEYAJ~$ UNIT '3, AS RE~'~RDED IN PLAT BOOK le, PAC~S 2 THROUGH ,5.
INCt/JSIVE, OF THE PUBUC I~CORDS. OF C '0I/~R COUNTY, FLORIDA. SMD PARCEL
MI:~t~ PARTICULARLY !~~ AS FOLLOV~:
CIDMMENCINO AT THE NORTH'~'T CORNER. OF SAID SECTION ,5, PROCEED SOUTH
09"a4'30' EAST A~ONO THE N~RTH UN[ THEREOF A 0~STANC~ OF 60.02 FEET lO THE
NORTH1M[ST CORNER OF SAID TRACT 'S-4", SAJD POINT LYING ON THE'SOUTH RIGHT
O~ WAY' (R/W) UNE OF VANDERBtJILT BEACH ROAD; THENCE DEPARTING SAID R/W LINE
SOUTH 01'28'00' EAST ALONG THE WEST LINE OF SAID TRACT "S-4' A DISTANCE OF
353.05 FEET: THENCE DEPARTIN0 SAID WEST LINE OF SAID TRACT '$-4' NORTH 88'32'00'
EAST 4 DISTANC~ OF 51.00 FEET TO TNI[ POINT OF BEGINNING; THENCE: NORTH
EAST A DISTANCE OF 20.04 FEET; THENCE SOUTH 01~21'22' EAST A DISTANC£ OF 50.00
FEET; THENCE SOUTH 88'41'50' WEST A 0tSTANCE OF 20.00 FEET; THENCE NORTH 01'24'22'
WEST A DISTANC,~ OF 50.00 FEET TO THE POINT OF ~:GINNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET MORE OR LESS.
LEGAL DE.SCRIPTION Of' ACCESS ANO UTIUTY EASEMENT:
A PARCEL OF' LAND LYING IN SECllON 5, TO~I~Ie~HIP 4.9 SOUTH. RANGE 26 EAST,
COLUER COUNTY, FLORIDA~ BEING A PORTION OF' TRACT '$-4" OF' THE PLAT OF'
THE MNEYAR[TS UNIT 3, AS RECORDED. IN Pt. AT BOOK 16. PAGES 2 THROUGH 5.
INCLUSIVE, OF' THE PUBUC RECOROS Of' COLLAR COUNTY, IrLGRIDA, SAID PARCEL
MORE: PARTICULARLY DE:SCRI~.D AS FOLLOWS:
CC~JUENCiNG AT TH~: NORTHIIVEST CORNER Of' SAID SE:CTION $. PROC~:ED SOUTH
8g'54.'..xO' EAST ALONG THE NORTH UNE THEREOF A (~)IST,e~NCE OF 60.02 FEET TO THE
NORTHVi~E:ST CORNER OF' SAID TRACT "S-4", SAID POINT LYING ON THE SOUTH RIGHT
OF WAY (R//W) LINE OF VAN.D[REI~llLT ~:.ACH ROAD~ THENCE: CONTINUE SOUTH
EAST ALONG SAJO SOU'TH R,/W LINE A I~STANCE OF 5,~.89 FEET TO TH[ POINT OF
EIEGINNING: THENCE. CONTINU~; SOUTH 89~54"30'' EAST ALONG .:SAID LINE A DISTANCE
OF 10.88 FEET: THENCE D~PARllNO S,ND .SOU,T~,, R.t~t.,tJNE, SOUTH 25'19'56' 'wEST
A DISTANCE OF 20.45 FEET; THENCE SOUTH 64 30 20 V(ST A DISTANCE Of: 26.;39 FEET;
THENCE SOUTH 4,3'00'41" IM~ST A OISTANCE OF 22.9,3 FEET TO X POINT ON THE EAST UN~'
oF THE EST IS rr~T Or S/UD reACT 'S-4'~ THENC~ SOUTH 01=8'00' EAST ALONG SAID
EAST LINE A DISTANCE OF' ~45.~ 'F"~.T; THENCE NORTH ~'41',.30' EAST A DISTANCE: OF 14.g8
FEET; THENCE SOUTH 0t'24'22' EAST A DISTANCE OF' 10.00 FEET; THENCE SOUTH 88'4.1'~0"
W~:ST A DISTANCE: OF 24.95 FEET; THENCE N<~TH 01'2B'00' V~ST. PARALt_rL TO TH~
UNE OF' SAID TRACT "S--4', A DIs'IrANCE OF 3,5g.65 FI~:T; THENCE NORTH 4~*00'41' EAST A
DISTANCE OF 28.g2 I~ET; THENCE NORTH 84';3~0'20' EAST A DISTANCE OF 24.35 FEET;
THENCE NORTH 2.3'1g'$6' EAST A DISTANCE'OF 12.39 FEET TO THE POINT Of' BEGINNING.
CONTAINING AN AREA OF 4,426 SQUARE: F'E[T MORE OR LESS.
Owner initials: _
Acme Initials:
Exhibit "A" (continued)
Site Sketch
Owner Initials:
Acme Initials:
' Exhibit B Site ID: #97-21
Site Name: Palm River
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Acme Towers Inc. Inc.
One U~oan Center ~ ~)[~ ~ '~ q0(~(~
4830 West Kennedy Blvd., Suite 340
Tampa, Florida 33609
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE evidence that a lease was made and entered into by written Ground
Lease Agreement dated ,1999 by and between Collier COunty ("OWNER") whose
address is 3301East Tamiami Trail, Administration Building, First Floor, Naples, Florida 34112, and
ACME TOWERS INC., a Florida corporation ("Acme") whose address is One Urban Center, 4830 West
Kennedy Blvd., Suite 340, Tampa, Florida, 33609, the terms and conditions of which are incorporated
herein by reference. OWNER hereby leases to ACME a certain site located in Collier County, Florida,
within the property of OWNER which is described in Exhibit A, attached hereto, with grant of easement
for unrestricted rights of access thereto and to electric and telephone facilities, all as more specifically
described in the Ground Lease Agreement, the terms of which are incorporated herein by reference, for a
term often (10) years commencing on which term is subject to one (1)
additional ten (10) year extension period by ACME. After the twentieth (20t~) year, the lease may be re-
negotiated in order to extend the terms and conditions of the lease.
"OWNER NOT RESPONSIBLE FOR CONSTUCTION LIENS."
Pursuant to Florida Statutes, Section 713.10, the interest of the lessor shall not be subject to liens for improvements made by the lessee. In
the event of any such lien being filed, the lessor shall cause the title to lessor's property to be cleared within ten (10) days notice thereof.
The failure to clear lessor's title shall be deemed a default under the terms of this lease."
IN WITNE~ :,REOF, OWNERS and ACME have duly executed this Memorandum of Lease as of the day and year first above
written~//
Acme: ~ / // /
a Florida
By: .j ,
Name/Title: Kevin Barile, President
S.S./Tax No.: 59-3456362
Address: One Urban Center Pr~n~N~ne~~' - ' ....
Tampa, Florida 33609
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 25z day of March, 1999 by Kevin Baffle as President
of Acme Tower, Inc., a Florida Corporation. He is personally known to me.
(Printed, Typed or Stamped Name of Notary) ~
(Official Notary Signature)
Notary Public - State of Florida
,,~,~ t't~ Milton K. Sohmidt
~ ' ,~ ' ~ Commission # CC 771001
,,~ ~ ,~ Expires AUG. ~7, ?.00?.
'r/,~',~' BONDED TNFIU
o~ ~ ^Tt^.ncs~o.~ ca..~c
THIs INSTRUMENT PREPARED BY
AND RETURN TO:
Acme Towers Inc. Inc.
One Urban Center
4830 West Kennedy Blvd., Suite 340
Tampa, Florida 33609
D~GHT ~E...' BKOCK;'CL~EP~K
sl a.tur onlj.
Approved as to Form ana
Legal Sufficiency:
Exhibit B
County's S.S. Tax No.:
Site ID: #97-21
Site Name: Palm River
Exhibit "A"
Legal Description
I.~GAL OESCRIPllON Of' P,Id~:NT TRACT:
I'~ACT ~-¢, THE:' VINE'YARD$ UNIT 3, ACCORDING 1'O TH~ MAP OR PLAT TH£REOF',
'AS RECORI)Cr.D' In PLAT'BO(]K i6, PAGES' 2: "~'U 5, IN(~L.U~V~., OF' THE:
LEGAL D~:SCRIPTION O~e' LEAE~E; PARCEL;
A pARCEL OF' LAND LYING IN ,~C'I1C~I. 5, TO'~N~'IP 49 SOUTH. R~G[ 26
~'~" EAST ~G ~ ~ ~ ~ A OIST~ ~ 60.02
N~ST ~ER ~ S~ ~ACT 'S-4", S~D P~T L~G ~ ~E ~ Rt~T
~ WAY'IR/W) ~[ ~ V~DER~ILT BEACH ROAD; ~ DEP~NG SNO ~/W LINE
~ 01'28'~' EAST AL~G ~E ~ST LINE ~ SA~ ~ACT "S-4' A DISTAN~
EAST A ~STA~ ~ 31.~ ~T TO ~ P~NT ~ ~NN~NG; ~[NCE N~ ~'41'~'
EAST A ~T~ ~ 20.~ ~ET; ~ ~ 01'21'22' EAST X ~STANCE OF 50.00
FEET; ~EN~ ~ ~'41'~" ~ST A ~ST~CE ~ 20.~ FEET; ~ENCE N~ 01~4'22'
~ST A ~STAN~ ~ ~.~ FEET TO ~[ P~NT ~ BE~NNING.
CONTAINING AN AREA OF 1,000 SQUARE FEET MORE OR LESS.
LEGAL D~SCRIPTION 0~ ACCESS AN0 UTIUTY EASEMENT.'
A PARCEL OF LAND LYING tN SECTION $. TOWNSHIP 49 SOUTH. RANGE 26 EAST,
COLUER COUNTY. FLORIDA, BEING A PORTION OF TRACT '$-4" OF THE PLAT OF
THE MN[YARDS UNIT ~, AS R~CORDED IN PLAT 8OOK 16, PAGES 2 THROUGH 5.
INCLUSIVe. OF THE PUBUC RECORDS O~ COMJ[R COUNTY, FLORIDA. SAID PARCEL
MORE. PARTICULARLY DE'DRIeD AS FOLLOW~:
COMM~"NCING AT TH[ NORTHVt~$T CORNER OF sAIo SECTION ,5, PROCEED SOUTH
89'54'50' EAST ALONG THE NORTH UNE THEREOF A OISTANC~ OF 60.02 fEET TO THE
NORTH~ST CORNER OF SAIO TRACT 'S-4.", SAIO POINT LYING ON THE SOUTH RIGHT
OF WAY (R/9~) UN[ OF VAND[RBUtLT B[AGH ROAD; THENCE CONTINUE SOUTH 89'54'30'
EAST ALONG SAIO SOU~ .R,/~ LINE A DISTANCE OF 53.89 FEET TO THE POINT OF
~t[GINNING: THENCE. CONTINUE SOUTH 89'eJ4'.30' EAST ALONG .SAID UNE A DISTANCE
OF t0.~ FEET: THENC~ OEPARTING SAID SOUTH R/~N UNE, SOUTH 23'19'56' 'w~ST
A D~TANCE OF 20.45 I~£T; THENCE ~0UTH 64~30'20" MiST A DISTANCE OF 26.39 FEET;
THCNCC SCX. F~ 4~0'41' ¥1~ST A DISTANC~ OF 22.93 FEET TO A POINT ON ~tE EAST LINE
OF THE ~VEST 16 FlEET OF SAID TRACT 'S-4'~ THENCE SOUTH 01~8'00' EAST ALONG SAIO
EAST UNE A ~STANCE OF 345,56 'FEET; THENCE NORTH 8~'41'30' EAST A DISTANCE OF 14.98
FEET; I~I~NC[ :SOUTH 0t'24'22' EAST A DISTANCE OF 10.O0 FEET: THENCE SOUTH ~8'41'30'
WEST A DISTANCE 0F 24.~ FEET; THENCE NORTH 01~,~'00' V~ST. PARALLEL TO TH~ ~M[ST
UN[ OF SAID TRACT 'S-4', A DISTANCE OF 359.63 PEET; THENCE NORTH 45~0'41" EAST A
DISTANCE OF 28,92 FEET; ~HENCE NORTH ~4'50'20' EAST A DISTANCE OF 24.35 FEET;
THENCE NORTH 23'19'fi6' EAST A DISTANCE O~' I2~39 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 4,426 SQIJAR[ F~T MORE OR LESS.
Owner Initials:
Acme Initials:
April 13, 1999
Item #16B1
RENEWAL OF CONTRACT #95-2430 FOR ENGINEERING SERVICES, BRIDGE AND
STRUCTURE REPAIRS WITH KISSINGER, CAMPO AND ASSOCIATIONS CORPORATION
Item #16B2
BUDGET AMENDMENT TO REPLACE A GENERATOR AND RENOVATE THE ELECTRICAL
SYSTEM AT THE NAPLES LANDFILL SCALEHOUSE
Item #16B3
ROAD IMPACT FEE DETERMINATION FOR ST. KATHERINE,S GREEK ORTHODOX
CHURCH
Item #16B4
BID NO. 99-2914 FOR PHASE VII, COUNTY-WIDE DITCH BANK CLEARING -
AWARDED TO NATIVE TECHNOLOGIES, INC. OF FT. LAUDERDALE, FLORIDA IN THE
AMOUNT OF $49,345.00
Item #16B5
RFP #98-2866 FOR FIXED TERM PROFESSIONAL CONSTRUCTION ENGINEERING
INSPECTION SERVICES - REJECTED! PURCHASING DEPARTMENT TO RESOLICIT
REQUESTS IN THE NEAR FUTURE
Item #16B6
WORK ORDER ABB-FT-99-1 TO AGNOLI, BARBER AND BRUNDAGE, INC. FOR
ENGINEERING SERVICES RELATED TO A PROPOSED 16 INCH WATER MAIN ALONG
RADIO ROAD, PROJECT 70029 IN THE AMOUNT OF $49,943.00
Page 110
APR 1 3 ~999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
Item #16B7
Item #16B8
Moved to Item #8B1
April 13, 1999
CHANGE ORDER NO. i TO ADDENDUM NO. 3 OF THE AGREEMENT WITH LAW
ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING AND
PEP~MITTING WORK ON THE LELY ARE STORMWATER IMPROVEMENT PROJECT
(PROJECT NO. 31101) - IN THE AMOUNT OF $60,686.30
Page 111
APR l 3 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
April 13, 1999
Item #16B9
AMENDMENT NO. i TO PROFESSIONAL SERVICES AGREEMENT WITH GREELEY AND
HANSEN FOR DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE
MAIN ON IMMOKALEE ROAD, CONTRACT #98-2790, PROJECT NO. 73943 - IN THE
AMOUNT OF $24,936.00
Page 112
~P17 ~ ~ lqqo
DESIGN AND IMPLEMENTATION OF 30" PARALLEL
SEWER FORCE MAIN
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This AMENDMENT to the Agreement dated July 28, .1998 (hereinafter
"AGREEMENT") is made and entered into this?c~Z'day of ~ , 1999,
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida and ex-officio the governing board of the Collier County
Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Greeley
and Hansen, an Illinois partnership, authorized to do business in the State of Flodda,
whose business address is 13180 North Cleveland Avenue, North Fort Myers, FL
33903 (hereinafter referred to as the "CONSULTANT").
WITNESSETH
WHEREAS, the OWNER and CONSULTANT have a valid professional engineering
service agreement for the provision of professional engineering services for the Design
and Implementation of 30" Parallel Sewer Force Main project (hereinafter referred to as
the "PROJECT"), said services being more fully described in the said AGREEMENT; and
WHEREAS, OWNER and the CONSULTANT agree some modifications to the
basic services and additional services being contemplated under said AGREEMENT are
necessary in light of changes in the design effort and concept of the force main; and
WHEREAS, the CONSULTANT represents that he has expertise in the type of
professional services that will be required for the completion of the PROJECT.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
ARTICLE ONE
1.1. CONSULTANT shall provide to OWNER professional engineering services in all
phases of the PROJECT to which this AMENDMENT applies.
1.2. As a result in the changes in the design effort and concept of the force main affecting
the original design of the project, CONSULTANT shall provide professional services in
addition to those professional services outlined in the said AGREEMENT as noted in
the revised Schedule B - Attachments A and C, and Schedule C, as attached hereto.
Additionally, CONSULTANT'S compensation for basic services under the
AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT.
ARTICLE TWO
2.1
OWNER agrees to compensate CONSULTANT for services rendered hereunder as
prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said
AGREEMENT with the modifications to Attachments A and C to said AGREEMENT
which are attached hereto and made part hereof.
ARTICLE THREE
3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect,
and shall not be modified by this AMENDMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the
Professional Services Agreement for Design and Implementation of 30" Parallel Sewer
Force Main the day and year first written above.
ATTEST:
Dwight
signature o~15.
Approved as to form and
legal sufficiency:
As{sistar~t Cd'~n~y Attorney
BOARD OF COUNTY COMMISSI,ONERS.~FOR,,~
COLLIER COUNTY, FLORIDA,.:::~ i".'POLITICAL'":.;;.
SUBDIVISION OF THE STATE OF FLORIDA ':'
AND AS EX-OFFICIO THE G~)VERNING.. - · ,. :~'.::
BOARD OF THE COLLIER COUNTY WATER:
SEWER DISTRICT '~" .".
'~.. ~;. ~,'
.,..,, '~.... · .; .
Pamela S. Mac'Kie, Chairwoman
GREELEY AND HANSEN
Witness
(CORPORATE SEAL)
SCHEDULE B - ATTACHMENT A
SHEDULE OF FEES FOR BASIC SERVICES
Greeley and Hansen
FEE PREVIOUS AMENDMENT REVISED
TASK NO. TASK DESCRIPI:ION IN CONTRACT AMENDMENTS NO. I FEE
A.2 DESIGN REPORT 23,948.00 0.00 5,682.00 29,630.00
A. 3 PRELIMINARY DESIGN 33,266.00 0.00 8,233.00 41,499.00
A4 FINAL DESIGN 13,020.00 0.00 0.00 13,020.00
A. 5 CONSTRUCTION BID SERVICES 6,876.00 0.00 0.00 6,876.00
A.8 CONSTRUCTION CONTRACT ADMINISTRATION 19,354.00 0.00 0.00 19,354.00
SUBTOTAL BASIC SERVICES TASKS A. 2 - A. 6 96,464.00 0.00 13,915.00 110,379.00
SCHEDULE B - ATTACHMENT C
SHEDULE OF FEES FOR ADDITIONAL SERVICES
~ ~7
A.8
OBSERVATION OF CONSTRUCTION I
ADDITIONAL SERVICES
PERMITS
SURVEY
SOILS INVESTIGATIONS
EASEMENTS
SUBTOTAL ADD'L SERVICES TASKS A. 7 AND A.8
TOTAL ENGINEERING SERVICES
$37,435.00
$5,210.00
$20,910.00
$8,522.00
$0.00
$72,O77.OO
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$168,541.00
$0.00
$4,950.00
$1,688.00
$0.00
$0.00
$4,383.0O
$11,021.00
$42,385.00
$6,898.00
$20,910.00
$8,522.00
$4,383.00
$83,098.00
$24,936.00 $193,477.00
SCHEDULE
REVISED PROJECT SCHEDULE
Greeley and Hansen
TIME FOR CUMULATIVE TIME
TASK DESCRIPTION COMPLETION FOR COMPLETION
A.2 DESIGN REPORT 36 weeks 36 weeks
A.3 PRELIMINARY DESIGN 10 weeks 46 weeks
A.4 FINAL DESIGN 16 weeks 62 weeks
A.5 CONSTRUCTION BID SERVICES 6 weeks 68 weeks
A.6 CONSTRUCTION CONTRACT
ADMINISTRATION 26 weeks
A.7 DETAILED OBSERVATION
OF CONSTRUCTION 26 weeks 94 weeks
Notes: 1. Times for completion are from the Notice to Proceed, dated August 5,
1998. The project shedule has been revised to reflect additional
engineering tasks not in the original scope of services, including force
main alignment and design coordination associated with the Creekside
Commerce Park West and Grenada Shoppes developments, easement
acquisition, U.S. 41 widening project and the proposed raw water
pipelines along Goodlette-Frank Road. Since a portion of this force main
will be constructed as part of the U.S. 41 project, construction of the force
main cannot start until the U.S. 41 construction is underway. The U.S. 41
construction is currently scheduled to start in about September of 1999,
which matches with the revised force main schedule shown above.
2. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the
actual completion of construction date. Estimates of engineering time and
costs for these services are based on an estimated 6-month construction
schedule.
April 13, 1999
Item #16B10
REVISED SETTLEMENT AGREEMENT AND FINAL CHANGE ORDER RELATED TO THE
SOUTH COUNTY RECLAIMED WATER STORAGE PONDS, PROJECT 74011
Page 113
3 1999
!999 SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between CONNIE HUBSCHMAN,
SAMUEL HUBSCHMAN, TERYL BEYRENT, HARRISON HUBSCHMAN, ALBERT
HUBSCHMAN and HIGHLAND PROPERTIES OF LEE AND COLLIER, LTD., A
FLORIDA LIMITED PARTNERSHIP, and THE GLADES, INC., (SELLER) and the
BOARD OF COUNTY COMMISSIONERS 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, (PURCHASER).
RECITALS
1. That the above named parties, CONNIE HUBSCHMAN, SAMUEL HUBSCHMAN,
TERYL BEYRENT, HARRISON HUBSCHMAN, ALBERT HUBSCHMAN and HIGHLAND
PROPERTIES OF LEE AND COLLIER, LTD., A FLORIDA LIMITED PARTNERSHIP and THE
GLADES, INC., (SELLER) shall hereinafter be referred to as THE GLADES, INC., and that the
above named party BOARD OF COUNTY COMMISSIONERS 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,
(PURCHASER), shall hereinafter be referred to as COLLIER COUNTY.
2. That COLLIER COUNTY has determined to commence an effluent storage and re-use
project which, together with a deep injection well program, will meet the sewer effluent disposal
need of the South County area of the County Water-Sewer District.
3. That COLLIER COUNTY has further determined the need to locate a community park in the
East Naples area of the County.
4. That THE GLADES, INC., and COLLIER COUNTY, by entering into this 1999
SETTLEMENT AGREEMENT intend to complete and/or otherwise extinguish the Settlement
Agreement entered into by these same parties on the date of October 24, 1995, said Settlement
1
Agreement to hereinafter be referred to as the 1995 SETTLEMENT AGREEMENT.
5. That it is the intent and agreement of THE GLADES, INC., and COLLIER COUNTY, that
any and all issues in the aforementioned 1995 SETTLEMENT AGREEMENT are resolved and
further that any and all claims which may have been, have been or in the future could have been
raised by either party against any other party under the terms of the 1995 SETTLEMENT
AGREEMENT are hereby resolved, extinguished and/or waived, and that the sole and exclusive
issues which remain between the parties shall be only those "warrant" issues as hereinbelow outlined
in this 1999 SETTLEMENT AGREEMENT.
6. It is resolved between THE GLADES, INC., and COLLIER COUNTY, that the 1995
SETTLEMENT AGREEMENT shall be completed and extinguished upon execution of this 1999
SETTLEMENT AGREEMENT, and by the final contract payment of $149,025.71 fi.om
COLLIER COUNTY to the James H. Siesky, Esq., Trust Account, and that to the extent that the
1995 SETTLEMENT AGREEMENT may continue to survive, any conflicts between said 1995
SETTLEMENT AGREEMENT and the 1999 SETTLEMENT AGREEMENT shall be resolved in
the favor of the 1999 SETTLEMENT AGREEMENT.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. The recitals listed hereabove are incorporated in this 1999 SETTLEMENT AGREEMENT
in their entirety and are fully enforceable and a part of this Agreement.
APR 1 3
2. That pursuant to the 1995 SETTLEMENT AGREEMENT, the parties known as THE
GLADES, INC., and COLLIER COUNTY have constructed and completed an effluent storage and
re-use facility on the property formerly owned by the parties represented by the designation THE
GLADES, INC.
3. That at the present time THE GLADES, INC., and COLLIER COUNTY agree to extinguish
and complete the 1995 SETTLEMENT AGREEMENT by the final payment by COLLIER
COUNTY to the James H. Siesky, Esq. Trust Account, in the amount of $149,025.71.
4. That this 1999 SETTLEMENT AGREEMENT shall govem the relationship between THE
GLADES, INC., and COLLIER COUNTY with respect to the aforementioned effluent storage and
re-use project, including matters relating to required warranty issues related to said
effluent storage and re-use project.
5. That the remaining warranty issues are hereby agreed as follows:
A. A successful project shall mean upon receipt of written documentation from by the
Florida Department of Environmental Protection (hereinafter referred to as "FDEP")
and the United States Army Corps of Engineers (hereinafter referred to as
"USACOE") stating that the planted wetlands have met the applicable conditions of
their respective permits and that exotic vegetation removal and eradication for the
entire project has been accomplished in conformity with the applicable conditions of
their respective permits. The applicable permits are FDEP Environmental Resource
Permit 12784065 and USACOE permit 199002385 (IP-CC).
B. Contractor shall subcontract with a contractor who shall be fully licensed, experienced
and knowledgeable in planting and maintaining man-made wetlands; shall
correct any unsuccessful wetland creation or exotic vegetation removal/maintenance,
shall in the presence of a designated representative of the Collier County Natural
Resources Department perform all required wetlands monitoring; and shall provide
annual monitoring reports as needed to comply with the FDEP and USACOE permits
for submittal by the County to the appropriate regulatory agencies, until the project
is determined by the FDEP and the USACOE to be successful.
C. Contractor shall chemically treat exotic vegetation both within and outside the
wetland areas with herbicide. Except for recurring exotic vegetation sprouting from
active buried stumps and roots, chemical treatment shall be spray-applied on a
minimum interval of once every three (3) months until the project is determined to
be successful.
D. Because there exists stumps and roots of Melaleuca and Brazilian Pepper which
survived the contractor's previous attempt to eradicate exotic vegetation from the site,
and because said stumps and roots are a source of recurring exotic vegetation on the
site, exotic vegetation sprouting from said stumps and roots shall not be sprayed with
chemical treatment but rather shall be allowed to grow to a mink diameter sufficient
to receive chemical treatment to the freshly cut surface in a dosage appropriate to kill
the stump and roots in accordance with best management practices. Not less that
eight (8) months from the chemical herbicide application date, the County will assess
the effectiveness of the herbicide program in killing the Melaleuca and Brazilian
Pepper vegetation. In the event that it is determined by the County that the
Contractor's chemical treatment fails to completely eradicate Melaleuca and
Brazilian Pepper stumps and roots vegetation, Contractor shall provide all services
necessary of every kind to physically locate, excavate and remove the buried stumps
and roots which are the source of the exotic vegetation regrowth until all active buried
stumps and roots have been completely removed to the satisfaction of the Public
Works Administrator.
E. Work to remove said stumps and roots shall be completed within ninety (90) days of
the Contractor's receipt of written notice from the County, or the Owner shall be
entitled to assess, and the Contractor agrees to pay to the Owner, one-hundred-fifty
($150.00) per day as liquidated damages, for each day the Contractor fails to complete
said work beyond the ninety (90) day period. In the alternative, at the time of one-
hundred (100) days from the expiration of the ninety (90) day period referenced
above, the Contractor may pay to the Owner a lump sum amount of fifteen-thousand
($15,000.00), in exchange for the County's release of any claim under this paragraph.
Any payments made under this provision shall be withdrawn from the escrow account
required by and referenced in this 1999 Settlement Agreement.
F. That within thirty (30) days of the execution of this 1999 SETTLEMENT
AGREEMENT and annually thereafter, THE GLADES, INC., will deposit funds in
a interest bearing escrow account held by attomey James H. Siesky, so as to establish
funds sufficient to cover the costs of payment of subcontractor fees for exotic
vegetation removal/maintenance, until such time as both the FDEP and the USACOE
determine that the exotic vegetation removal and eradication over the entire project
has been successful in accordance with the applicable permit conditions, but at no
time shall the principal amount of the escrow fund be less that fifteen-thousand
($15,000.00) dollars, exclusive of interest.
APR 1 3 199g
G. The parties further agree that upon receipt of the written documentation required by
paragraph 5.A., the funds deposited in the above described escrow account and all
accrued interest shall be delivered to THE GLADES, INC. However, if the written
documentation required by paragraph 5.A. is not secured before the expiration of the
permits, the principal and all accrued interest shall be delivered to the possession of
COLLIER COUNTY. Thereafter, if the costs of securing the written documentation
required by paragraph 5.A. exceed the amount of the escrowed funds and all accrued
interest, COLLIER COUNTY shall have the remedy of specific performance of this
1999 SETTLEMENT AGREEMENT, and/or any other damages in a court of law.
H. As a condition precedent to the enforcement of its remedies under this 1999
SETTLEMENT AGREEMENT, COLLIER COUNTY shall comply with the Wetland
Operating Protocol contained, which is attached hereto as Exhibit "A." Further,
COLLIER COUNTY shall maintain adequate records, consisting of not less than
weekly measurements of pond water levels in order to show compliance with
the aforementioned protocols.
6. Each party shall be responsible for payment of its own attomey's fees as associated
with this project.
7. This 1999 SETTLEMENT AGREEMENT may be executed in any manner of
counterparts which together shall constitute the agreement of the parties.
8. This 1999 SETTLEMENT 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.
9. Any amendment to this 1999 SETTLEMENT AGREEMENT shall not bind any of
the parties hereof unless such amendment is in writing and executed and dated by THE GLADES,
INC., and COLLIER COUNTY. Any amendment to the 1999 SETTLEMENT AGREEMENT shall
be binding upon on THE GLADES, INC., and COLLIER COUNTY, as soon as it has been executed
APR 1 3 ;999
by both parties.
10. Captions and section headings contained in this 1999 SETTLEMENT AGREEMENT
are for convenience and reference only; in no way do they define, describe, extend or limit the scope
or intent of the Agreement or any provisions hereof.
11. All terms and words used in this 1999 SETTLEMENT AGREEMENT, regardless
of the number and gender in which used, shall be deemed to include any other header or number as
the context or the use thereof may require. The term THE GLADES, INC., shall include all of the
listed sellers or any one of them as the context may require.
12. No waiver of any provision of the 1999 SETTLEMENT 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 the 1999 SETTLEMENT AGREEMENT shall be applicable to the specific instance
to which it is related and shall not be deemed to be a continuing or future waiver as to such provision
or a waiver as to any other provision.
13. If any date specified in this 1999 SETTLEMENT 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. This 1999 SETTLEMENT AGREEMENT is governed and construed in accordance
with the laws of the State of Florida.
15. This 1999 SETTLEMENT AGREEMENT and the exhibits attached hereto contain
the entire Agreement between the parties, and no promise, representation, warranty or covenant not
included in this 1999 SETTLEMENT 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
6
APR 1 3 999
of any force or effect unless made in writing and executed and dated by both THE GLADES, INC.,
and COLLIER COUNTY. All parties agree that time is of the essence of this 1999 SETTLEMENT
AGREEMENT.
16. Upon acceptance of final payment made in accordance with the 1995 SETTLEMENT
AGREEMENT it is futher agreed that COLLIER COUNTY shall finally and completely releases
any and all claims which COLLIER COUNTY has had or may currently have against thc Public
Payment Bond identified as U2634950, said bond having been recorded at the Public Records of
Collier County at OR 2182, PG 1486 et seq.
IN WITNESS WHEREOF, the parties hereto set forth their hands and seals.
AS TO PURCHASERS:
DATED: ~/~//~ ~/~ THE BOARD OF COUNTY COMMI ,S, SIONERS'OF,
COLLIER COUNTY, FLORID.&/:~AS "THE'"'..
GOVERNING BODY OF THE coLLIER COUNTY... '.:
WATER-SEWER DISTRICT :? .... :'
DWIGHT E. BROCK, CIerk
$1gaature
APR'~ 3 1999
Approved as to form and legal
Lawrence Samuel Pivacek, Esq David C. Weigef;'~q. ~5~
'~i~.'Attomey For Collier County Collier County Attorney
AS TO THE GLADES, INC.:
DATED:
CONNIE HUBSCHMAN
S AMU~'L HUBSCHMAN WITNESS
WITNESS
~ss
WI~ESS
8
APR 1 3 1999
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state
aforesaid and in the county aforesaid to take acknowledgements, personally appeared Sanmel
Hubschman, Connie Hubschman, Albert Hubschman, Harrison Hubschman and Teryl Beyrent
known to me to be the persons described in and who executed the foregoing 1999 SETTLEMENT
AGREEMENT and acknowledged before me that they executed the same.
WITNESS mY hand and °fficial seal in the county and state l~t ~~61Y_oLf
June, 1999.
~-~ ~OI~ICiAL NOTARY SEAL'
w~rD^c~,ax~ .... [ Notary public ~SS~'i'-e~rorid~
NOIARY PUBLIC b-'rATE OF FLORsu,~ I
COMMISSION NO. CC68~96 I
~Y C_,,OMMISSION__. EXP. .. OCT, · 14,2001 [
(Print Commissioned N?m~i~'Notary Public)
Did Did Not b."' Take An Oath
Personally Known /~R Produced
Identification . .. Type Of Identification Produced
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state
aforesaid and in the county aforesaid to take acknowledgements, personally appeared Samuel
Hubschman, as President of The Glades, Inc., known to me to be the persons described in and who
executed the foregoing 1999 SETTLEMENT AGREEMENT and acknowledged before me that they
executed the same.
/!
WITNESS my hand and official seal in the county and state last aforesaid this~//day of
June, 1999. ~.~~_~
Notary Public - State of~ad'da
, Wanda Gaydos
(Print Commissioned N.~,,.of Notary Public)
Did Did Not ~" Take An Oath
Personally Known ~Produced
Identification Type Of Identification Produced
C :\WPWIN60\W P DOCS'~MISCSG LAD-AG7
9
April 13, 1999
Item #16Bll
BID NO. 98-2834 FOR ORTHOPHOSPHATE/POLYPHOSPHATE - REJECTED; STAFF
AUTHORIZED TO REBID
Item #16B12
INCREASE DOLLAR AMOUNT FOR SOLE SOURCE PURCHASE ORDER #913339 TO
ROBICON FOR VARIABLE FREQUENCY DRIVE REPAIRS - IN THE AMOUNT OF
$32,001.00
Item #16B13
BID #99-2918 FOR WATER METERS - AWARDED TO ABB WATER METERS
INCORPORATED IN THE ANTICIPATED AMOUNT OF $200,000.00
Item #16B14
AGREEMENT PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS
WITHIN THE VILLAGES OF MONTEREY SUBDIVISION
Page 114
3
COUNTY TRAFFIC CONTROL JURISDICTION OVER
ROADS WITHIN VILLAGES OF MONTEREY SUBDIVISION
THIS AGREEMENT made and entered into this /.~ day of~,
1
999,
by
and among; the Villages of Monterey Master Association, Inc., a Fl6rida not-for-profit
corporation, with office c/o Southwest Property Management Corporation, 1044 Castello
Drive, Suite 206, Naples, Florida 34103; the Collier County Sheriff, and; the Board of
County Commissioners of Collier County, Florida.
WITNE S SETH:
WHEREAS, all streets and roads within the Villages of Monterey Phases 1, 2, 3,
4, 5 and 6 are private roads, not owned or maintained by Collier County; and
WHEREAS, the Villages of Monterey Master Association, Inc., a cooperative
organization composed of representatives from each of the developments within the
Monterey community charged with maintaining and controlling the private streets within
the subdivision, has tendered a letter request dated January 15, 1999, attached hereto as
Exhibit "A", for the Collier County Sheriff to patrol said private roadways and exercise
jurisdiction in the enforcement of state and county laws; and
WHEREAS, Section 316.006 (3) (b), Florida Statutes, provides that a county may
exercise jurisdiction over any private road or roads located within the unincorporated area
within its boundaries if the county and party or parties owning or controlling such road or
roads provides, by written agreement approved by the governing body of the county for
county traffic control jurisdiction over the road or roads encompassed by such agreement;
and
WHEREAS, the Collier County Sheriff has monitored traffic on and along the
private streets within the Villages of Monterey Subdivision and confirmed an
enforcement need and has agreed to provide traffic control enforcement in the areas
requested (see Exhibit "B"); and
WHEREAS, Collier County, through its Transportation Department, has reviewed
and communicated with the Villages of Monterey Master Association, Inc., regarding
signage and a required subdivision sign maintenance plan (see Exhibit "C" attached
hereto); and
WHEREAS, the Board of County Commissioners has reviewed these requests and
determines that it is in the interest of the public health, safety and welfare to enter into an
agreement pursuant to Section 316.006 (3) (b), Florida Statutes.
NOW THEREFORE, in consideration of the premises and the terms and
conditions provided herein, the parties hereto agree as follows:
1. The recitals and Exhibits stated and referenced hereinabove are
restated hereby and are made a part of this Agreement.
2. Collier County, by its Board of County Commissioners, has hereby
determined and henceforth does exercise jurisdiction over all private
roads located within the Villages of Monterey Subdivision, Phases 1,
2, 3, 4, 5 and 6, pursuant to this Agreement entered into pursuant to
Section 316.006 (3) (b), Florida Statutes.
3. Pursuant to Section 316.006 (3) (b) (2), Florida Statutes, the Collier
County Sheriff hereby expressly waives the statutory requirement
concerning the effective date of this agreement relating to the
beginning of the next county fiscal year and agrees to the effective date
of this Agreement as provided herein.
4. The Collier County Sheriff shall include as part of its normal duties
patrol and enforcement of all county and state traffic control
regulations and laws on and over all private streets and roads in
existence or that shall come into existence within the Villages of
Monterey Subdivision Phase 1, 2, 3, 4, 5 and 6.
5. The parties recognize that the roads within the Villages of Monterey
Subdivision are not public (County) roads, are not' County-owned, and
the responsibilities for construction, maintenance and repair, including
signage along the roads do not legally exist with and are not hereby
contractually imposed upon Collier County or the Collier County
Sheriff.
6. Signage maintenance, repair and adequacy on and along the roads
within the Villages of Monterey Subdivision, Phases 1, 2, 3, 4, 5 and 6
is recognized as the responsibility of the homeowner association
and/or other private property interest(s) within said Subdivision, and a
maintenance program shall be developed and adhered to by the
Villages of Monterey Master Association, Inc., pursuant to Exhibit
"C", attached.
7. For the purposes of identification and geographic specificity, Villages
of Monterey Subdivision is composed of: The Villages of Monterey at
Woodbfidge Unit 1, depicted and described in Plat Book 15, pages 10-
15 of the Public Records of Collier County, Florida; The Villages of
Monterey at Woodbfidge Unit 2, depicted and described in Plat Book
15, pages 69-70 of the Public Records of Collier County, Florida; The
Villages of Monterey at Woodbfidge Unit 3, depicted and described in
Plat Book 19, pages 8-11 of the Public Records of Collier County,
Florida; The Villages of Monterey at Woodbridge Unit 4, depicted and
described in Plat Book 17, pages 77-79 of the Public Records of
Collier County, Florida; The Villages of Monterey at Woodbridge Unit
5, depicted and described in Plat Book 17, pages 104-106 of the Public
Records of Collier County, Florida; The Villages of Monterey at
Woodbridge Unit 6, depicted and described in Plat Book 23, pages 21-
22 of the Public Records of Collier County, Florida.
8. The Villages of Monterey Master Association, Inc., hereby
indemnifies and holds Collier County harmless and indemnifies and
holds the Collier County Sheriff harmless for its non-negligent acts,
errors or omissions in providing the exercise of traffic control
jurisdiction hereunder. Collier County shall be included as "additional
insured" on the liability insurance policies of the Villages of Monterey
Master Association, Inc.
9. This Agreement may only be modified through a written document
executed with the same formality as this 'Agreement. However, this
Agreement may be terminated by the County by the adoption of a
resolution providing for termination at public meeting of the Board of
County Commissioners.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
Board of.County Commissioners having approved this Agreement the ,/,~ day of
~, 1999.
/
WITNESSES: VILLAGES OF MONTERE~~ ,INC..
Edward J~/Kant:
TYPED NAME
..'"',. ATTEST:, %.,
· " .DWIgHT- E; BI{OCK
:. /, ~ .... .~ ~, , Clerk
'i.. :7'~tte~ 'as to Ch~n'~
...,. ~ ,~ city:I
~~ David C. Weigel
Coun~ Attorney
~ ~f$,.o_.,q2prate seal)
Collier'~~heriff
BOARD OF COUNTY COMMISSIONERS
Pamela S. Mac'Kie, Chairw;an
Exhibit "A"
SOUTHWEST PROPERTY MANAGEMENT
CORPORA~ON
1044 CASTELLO DRIVE, SUITE #206
NAd:q_ES, FLORIDA 34103-1900
941/261-3440 · FAX: 941/261-2013
EMAIL: SWPropMgtOaol.com
Januar~15,1999
Mr. Don Hunter, Sheriff
Collier County Government Complex
Sheriff's Department
3301 Tamiami Trail E~st
Naples, Florida 34112
RE:
Villages of Monterey
Civil Infraction in Gated Community
Dear Sheriff Hunter,
This correspondence is to request an agreement between the Villages of Monterey, a Gated
Community in North Naples, and the Collier County Sheriff's Department which would
allow the Department to police the community for traffic control, i.e. speeding, stop sign
violations and other civil infractions.
This agreement would be similar in nature to the existing agreement between the County
and Imperial Golf Estates.
At this point [ have already been in contact with the County Attorney, the County
Administrator and I have appeared before the'Coun~ Commission. As part of the final
package, I need a leffer from you indicating that this agreement would be acceptable to your
Department.
Your assistance in this maffer would be greatly appreciated. If you have any questions or
need additional information, please contact me at (941)26:[-3440. Both the Board of
Directors and I would like to thank you in advance for your prompt attention.
Sincerely,
;Joe Gennaro
Manager
cc: Monterey Master Board of Directors
Exhibit "B"
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
February 25, 1999
Joe Oermaro, Manager
Southwest Property Management Corp.
1044 Castcllo Drive, Suite #206
Naples, FL 34103-1900
RE: Village of Monterey
Dear Mr. Oennaro:
I havc your letter of January 15, 1999 regarding thc captioned matter.
On bchalf of the Sheriff's Office, please understand that this Agency supports your
traffic control efforts and will join in the statutortly provided arrangemenL.
Please feel free to forward ar have forwarded the f'mal package .and we will be
ple4ised to join.
DH;jab
WESUPPORT
WE SPONSOR
THE FLORIDA SHERIFFS YOUTH RANCHES
A home fO~ needy and wOell~y b~ya ~nd girl&
COLLIER COUNTY JR DEPUTY LEAGUE
COLLIER COUNTY EXPLORER POET ~lS4
Exhibit "C"
COLLIER COUNTY GOVERNMENT
TRANSPORTATION DEPARTMENT
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 774-8494
FAX (941) 774-5375
CERTIFIED BLUE CIdIP COMMUNITY
March 3, 1999
Joe Gennaro, Vice President
Southwest Property Management Corporation
1044 Castello Drive, Suite 206
Naples, FL 34103
Re: Villages of Monterey Traffic Control Devices
Dear Mr. Gennaro:
Thank you for providing a copy of SheriffHunter's letter a~eeing to participate in the
villages of Monterey traffic control effort. Per our discussion, I have made a site
reconnaissance of the streets within the subdivision and I offer the following comments:
There are STOP signs at all street intersection. They appear to be placed in
substantial conformance to the Manual On Uniform Traffic Control Devices
(MUTCD). There are also several multi-way STOP sign installations. Warrants
for multi-way stops are also detailed in the MUTCD; however, since we have no
data with which to determine the need for these multi-way stops and since they
are in place in a community with non-publicly maintained roads, we offer no
objection to their continued use.
We observed several intersections that also have painted crosswalks. There are no
advance warning (WI 1-2) or crosswalk (W1 lA-2) signs in evidence. We suggest
they be installed as a potential liability preventative measure.
There are numerous speed limit signs throughout the community. On several
streets (e.g., Vera Cruz Way, Las Palmas Way, San Miguel Way) they indicate a
speed of fifteen or twenty miles per hour (MPH). The statutory (F.S.
316.189(2)(a)) speed in Florida on residential streets is 30 MPH. This speed may
be lowered to 25 MPH by the Board of County Commissioners. Based on the
acceptance of the subdivision plans and plat by the Board, it is reasonable to
conclude that the Board of County Commissioners supports the 25 MPH posted
speed. The fifteen and twenty MPH posted speeds are, most likely, unenforceable.
There is a speed limit sign on Vera Cruz Way southbound that is completely
obscured by vegetation.
Joe Gennaro, Vice President
March 3, 1999
Page 2
There is a STOP bar painted in the street on Cordoba way (directly in front of
Lot 1) that should be removed and, ifrepainted, placed at the STOP sign rather
than in front of the residence driveway.
There is a hedge located along the north side of San Vista Circle (north entry) that
obscures the sight line for drivers exiting San Vista Circle. It is impossible to see
oncoming traffic from the north on Mission Drive. This hedge should be trimmed
back.
The foregoing comments are meant as guidance. In general, variations from the
guidelines in the MUTCD are minor and should not create a hazard. The area is
residential; the majority of the motorists are residents and are quite familiar with the area;
conditions are such that a favorable environment exists for adequate driver notice and
enforcement, except where noted in Item 3 above.
Thank you for the opportunity to comment on your traffic control plan. We suggest that a
regular schedule of sign and pavement marking maintenance be continued. If there are
any questions or if you seek additional information, please contact me at 774-8494.
Very truly your~
Transportaticfn Services Director
cc:
Dale Bathon, P.E., Senior Engineer and Acting Traffic Operations Supervisor
File: Villages of Monterey Traffic Control Agreement
April 13, 1999
Item #16C1
RESOLUTION 99-193, APPOINTING TERRY WOLFSON, JIM MANSBERGER, PAT
COOKSON, JOHN YONKOSKY, TAYLOR BAKER, DUANE WHEELER, TONI HORNE, AND
JO SELVIA AS THE 1999-00 OFFICERS OF THE COLLIER COUNTY AGRICULTURE
FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS
Page 115
RESOLUTION NO. 99. 1 g_3
A RESOLUTION APPOINTING OFFICERS FOR THE COLLIER
COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. FOR
1999-2000
WHEREAS, on July 20, 1976 the Charter and Articles of Incorporation of the
Collier County Agricultural Fair and Exposition, Inc. were filed with the Secretary of State;
and
WHEREAS, the Charter and Articles of Incorporation of the Collier County
Agricultural Fair and Exposition, Inc. provide that the officers of the Board of Directors,
with the exception of the Immediate Past President, shall be appointed annually by Ihe
Board of County Commissioners; and
WHEREAS, the Board o? r. oa~-t¥ C~,~,'nc,1;.-..:iocers on March 15, 1988 adopted
Resolution No. 88-52 setting forth the procedures lot a;.pcm[.;.,=,lb to the Collier County
Fair Board; and
WHEREAS, pursuant to Resolution No. 88-52, the Nominating Committee has
submitted its list of recommended nominees, specifying recommended persons for
particular positions to the Board of Directors,
NOW, THEREFORE, BE It RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following individuals are
hereby appointed as the 1999-2000 officers for the Collier County Agricultural Fair and
Exposition, Inc. Board of Directors:
Terry Wolfson President
Jim Mansberger Vice-President & Security
Pat Cookson Secretary
John Yonkosky Treasurer
Taylor Baker Education
Duane Wheeler Civic
Toni Home Attorney
Jo Selvia Agriculture
. day or' ,~...~
!
This Resolution adopted this
motion, second and majority vote.
ATTEST:' . ' ,
DWIGHT E. BBOCK, CLERK
'...' nat. ute. on.]~.
Approved as tO-Torm and
cy:
David C. Weigel ,¢~ -
Counfv Affnrr~¢,v
999, after
BOARD OF COUNTY COMMISSIONERS
COLLIE..R.C..OU NTY, FLORIDA
'r-~vlr-L.~ ~. MA[.;'KIE, C/HAIRWOMAN
April 13, 1999
Item #16C2 - Moved to Item #8C3
Item #16C3 - Moved to Item #8C4
Item #16D1
AGREEMENT BETWEEN RICCARDO B. RIVAS, PH.D., P.A. AND COLLIER COUNTY
FOR THE MAINTENANCE OF A CRISIS RESPONSE TEAM IN THE EVENT OF A
DISASTER - IN THE AMOUNT OF $150.00 PER MONTH
Page 116
APR
Collier County Government
Crisis Response Team Agreement
This Agreement made in Naples, Florida by and between Riecardo B. Rivas, Ph.D., P.A.
("Contractor"), and the Board of County Commissioners, on behalf of the Department of
Emergency Management, ("County") and supersedes any previous Agreement.
The Contractor agrees to provide educational services related to the development,
implementation and operation of the Crisis Response team as follows:
A. To train and maintain a cadre of mental health professionals who are on call to
provide post-disaster services to persons affected by such disaster.
Bo
All services to persons affected by a natural or man-made disaster are to be
provided pro-bono. Travel expenses and per diem expenses are usually
provided by the requesting agency through FEMA.
Co
The Contractor will meet monthly with the Community Response Team.
Continuing in-service training will be provided. Minutes of these meetings will
be sent to the Director of Emergency Management.
Do
The Contractor is not providing clinical services nor is he responsible for
evaluating suitability of any mental health professionals providing services in
this program.
2. Cost of Service.
A. For above services the County shall pay the Contractor $150.00 per month.
B. Additional services beyond the scope of this contract must be pre-authorized in
writing by the Director of Emergency Management.
3. Responsibility of Collier County.
A. Adapt a policy supporting the Community Response Team.
B. To offer our services to communities within Collier County affected by
disaster.
C. The Community Response Team will take direction from the Director of
Emergency Management. The Director shall call the Contractor if the
Contractor's services are needed.
4. Duration and Renewal of Agreement.
The Agreement shall prevail for a period from April 1, 1999 through March 31,
2000. The County shall have the option to renew the Agreement for an additional
three (3) years on a year-to -year basis provided the Contractor will maintain the
same terms and conditions as in the current one-year Agreement. Continuation of
the Agreement beyond the initial period is a County prerogative and not a right of
the Contractor. This prerogative will be exercised only when such continuation is
determined by the Emergency Management Department to be in the best interest
of the County. The Emergency Management Director shall notify the Contractor
thirty (30) days prior to its expiration date to insure continuity of services.
5. Implementation.
April 1, 1999 through March 31, 2000 is the inclusive period of this Agreement.
6. Insurance.
Riccardo B. Rivas, Ph.D., P.A. agrees to take and maintain, during the total term
of the Agreement (including extensions), professional liability (Psychological
Malpractice) insurance coverage in an amount not less than $1,000,000.00
combined single units. Certificates of insurance meeting this requirement shall be
forwarded to Collier County Risk Management Department. Renewal certificates
shall be sent to Collier County 30 days prior to any expiration date. There shall
also be a 30 day notification to Collier County Risk Management Department in
the event of cancellation or modification of coverage.
7. Indemnification.
Riccardo B. Rivas, Ph.D., P.A., his officers, his agents and his employees through
the signing of this Agreement shall indemnify, hold harmless and defend the Florida
Department of Community Affairs and Collier County, their agents and employees
from all suits and actions, liability, losses, attorney's fees, including appellate
attorney's fees, and all costs of litigation and judgments arising out of any act,
omission or negligence incidental to performance of the Agreement.
8. This Agreement shall be administered on behalf of the County by the Emergency
Management Department.
9. This Agreement is subject to annual budgetary appropriations by the Board of County
Commissioners.
IN WITNESS WHEREOF, the Contractor and the County, have each respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year
noted below.
BOARD OF COUNTY COMMISSI~ONERS
COIJ. jER COUNTY, FLORIDA/r
Date
CTOR
Ric~j'do B. Rivas, Ph.D.,/~.A.
/ First Witness Date
~ Second Witness ~ Dat~
..... TyjPe< Print witness name
si atuce" l .
Appr°ve~d as t° f°~ a~, legal sumeieney:
Thomas Palmer
Assistant County Attorney
Item #16D2
April 13, 1999
RESOLUTION 99-194, APPROVING SATISFACTION OF LIEN FOR A CERTAIN
ACCOUNT THAT HAS PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENTS, ACCOUNT NO. 023304
Page 117
Re~n:
~LBRI TO ?HB BOARD
~N?BROHZCB ~TH FLOOR
*** 2463543 OR: 2536 PG: 0014 ***
RB¢OIDHD An ~he OHZC~AL RBCORDS o~ COLL~BR COUII?Y, FL COPZK
04/16/1999 et 09:00Al( DWIGHT B. BROCK, CLSRK
RESOLUTION NO. 99- 194
APR ~ 3 ~9gg
A RESOLUTION APPROVING SATISFACTION OF LIEN
FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL
THE 1991 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
6.00
1.00
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1991; and
WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official
Record Book 1793, Pages 459 through 598 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1991; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1991 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 93-29,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein
are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the
Board of County Commissioners, and the Clerk is directed to record this Resolution and
this Satisfaction of Lien individually in the official records of Collier County:
Account No. 023304
" This' Resolution adopted this ~ day of
second and majqritY vote.
ATTES.,Ti '
DWIGHT fi:' BRoCKi CLERK
Approved as to form and
legal sufficiency:
,1999 after motion,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA / /
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 77400
*** 2463544 OR: 2536 PG: 0015 ***
RICORDRD tn OFFICIAL RHCORDlt o[ COLLIBR COIIII?Y, FL
04/16/1999 et: 09:00Al( DWI;H? B. BROCK, CLSRE
Ret:n:
CLBRK TO ?HR BOARD
IITIROHICl 47H FLOOR
IXT 1240
RBC FBI S.00
COPISS 1.00
~kP~ i ~ i99g
Property Folio No. 26084520001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien agalnot:
Sherald D. Daniels
64 West Caldwell
MT Juliet TN 37122-0000
The Lien was recorded on the 1'~ day of February, 1993, in Official Record Book
1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of One Hundred and
Ninety-Nine Dollars and Forty-Four Cents ($199.44) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida, described as follows:
CHOKOLOSKEE 36 53 29 COMM SE CNR NEll4 SEC 36, N
578.20FT, N 84 DEG W 168.97FT, N 76 DEG W 408.94FT, S 84
DEG W
Folio No. 26084520001
Project No. 60000
Account No. 023304
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _.~ '~ day of
~w~--~ ,1999. -
m' 'l '' ~ATTEST ' '""
2
; .
and legal Su~ciency
BOARD OF COUNTY COMMISSIONE~RS
?
q~AMELA S. MAC'~mE, ~H~WOMAN
April 13, 1999
Item #16D3
RESOLUTION 99-195, APPROVING SATISFACTION OF LIENS FOR CERTAIN
ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENTS FOR ACCOUNT NO'S. 1203; 1216;
4174; 5924; 12344; AND 17161
Page 118
ReCn:
lit
....
UCO~OIO tn the OUICIii.
H/It/lit! at
RESOLUTION NO. 99- 195
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
6,00
l,O0
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the
recording of notices of liens for the delinquent solid waste collection and disposal services special
assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste
Collection and Disposal Special Assessment for the following accounts numbered below,
subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real
property pertaining to lhe accounts identified herein. The Satisfactions of Lien attached hereto
referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
record this Resolution and these Satisfactions o1' Lien individually in the official records of Collier
County:
Account No. 1203
Account No. 1216
AccountNo 4174
Account No. 5924
Account No. 12344
Account No. 17161
This Resolution adopted this /~.~'
majority vote.
__day of ,~-~ , 1999 after motion, second and
/
ATTEST:
· DWIGHT E. BROCK, CLERK
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA '
PAI~IELA S. MAC'KIE, CHA Rt~/OMAN
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2463546 OR: 2536 PG: 0017 ***
RBCORDBD in OHICIAL RICORDB o[ COLLIBR COUNTY, ~L
04/16/1999 at 09:00AH DNXGHT J. BROCK, CLBRK
Retn:
CLBRK TO THR BOARD
INTIROHI¢! 4TH FLOOR
7240
RlC ~!1 6.00
COFIIS 1.00
1999
Property Folio No: 00120840205
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Teresa A. Martinez
312 Weeks Terr
Immokalee FL
33934
The Lien was recorded on the 14~ day of September, 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida, described as follows:
3 47 29 BEG AT NE CNR OF SE1/4 OF SE1/4 OF SW1/4, N 356FT FOR
POB, N 60FT, W 136.46FT, S 60FT, E 136.40FT TO POB OR 1419 PG 1173-
74
Folio No. 00120840205
Project No. 64000
Account No. 1203
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satis,~.~, ~L~n, by action of the Board this .~__~ day of
.' ,1999.
· '""'". -' BOARD OF COUNTY COMMISSIONERS
~ATTEST:'
/'" DWIGHT E: 'BR~iOC~Ierk CO~f~~F~D/~./
~t~ as to [~~ JAME~ S. MAC'KIE, CHARWOMAN
~pprovea ~s ~o ~orm
~nd legal su~oien~y
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2463547 OR: 2536 PG: 0018 ***
04/16/1999 at 09:00AH D#[~H? I. BROCK, CLBRK
RlC ES! 6.00
1.00
Re~n:
CLSRI TO TH! BOARD
BIT 7210 AP~ ~ 3 199~
Property Folio No: 00120841000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
Teresa Ann Martinez
746 Conning Tower Unit B-2
Naples FL 33962
The Lien was recorded on the 14th day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
3 47 29 BEG AT NE CNR OF SE 1/4 OF SE 1/4 OF SW 1/4, N 296 FT
TO POB, N 60 FT, W 136.46 FT, S 60 FT, E 136.40 FT TO POB, OR
1761 PG 2143
Folio No. 00120841000
Project No. 64000
Account No. 1216
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
'ATTEST:
~.' ~~'L//DWIGHT E. 'SROC_/~rk
'"',APPrOWd asto fo~ and I~al
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording
of this Satisfaction of Lien, by action of the Board this .~ day of
, ~ r~'2~.'..~ , 1999.
BOARD OF COUNTY COMMISSIONE[~.S
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2463548 OR: 2536 PG: 0019 ***
RSCORDBD tn OFFICIAL RBCORDS of COLLIBR COUNTY, FL
04/16/1999 al: 09:0OM! DIfIGHT B. BROCK, CLBRI[
Retn:
CLBRK TO THB BOARD
ZNTBROFFICB 4TH FLOOR
BIT 1240
RBC FBB 6.00
COPIBS 1.00
~P~ i 3 1999
Property Folio No: 24472080003
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
Pal Liebert
161 1ST Street
Bonita Springs
FL 33923
The Lien was recorded on the 14~ day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus
accrued interest and penalties, if any, and imposes certain obligations against
real property situated in Collier County, Florida, described as follows:
BONITA SHORES UNIT 1 BLK 2 LOT 21 OR 1475 PG 112
Folio No. 24472080003
Project No. 64000
Account No. 4174
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
.i
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording
of thisjSatis, fa~tion of Lien, by action of the Board this /._~ day of
//.,,~:~,,~/'' 1999.
· ATTEST: ~
DWIGHT E. 'BROCK, Clerk
'signature Onl~.
AppFOved~as to foFm
?~,d'meg'am sufficiency
BOAR~/_,,OOUNTY COMMISSION,S
~:)AMELA S. MAC'KIE, CHAIRWOMAN
/
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2463549 OR: 2536 PG: 0020 ***
RlCORDID ~11 OffiCIAL RlCORD~ of CO~IIR COdifY, ~
04/16/1999 a~ 09:00~ DFFIGHY I. BROCK, CLIRK
CLIR[ YO TH! BOARD
[NYIROfFZCI4TH fLOOR
7240
RiO fIB 6,00
COP[R9 1.00
APB ~ ;~ 1999
Property Folio No: 30731960007
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
Jorge V-'& Daisy Jimenez
1414 N Apple St
Immokalee FL 33934
The Lien was recorded on the 14t~ day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
EDEN PARK 1ST ADD BLK 10 LOT 12 OR 2003 PG 486
Folio No. 30731960007
Project No. 64000
Account No. 5924
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording
of this Satisfaction of Lien, by action of the Board this ~ day of
.'" /
ATTEST: :,.
E."BROCK
DWIGHT , Clerk
-v/-- - .-~, '
as to' cha)man' s
'and. legal, sufficiency
,1999.
BOARD ~q,UNTY COMMISSIO~i~S
This instrument prepared by:
David C. Weigel
County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 2463550 OR: 2536 PG: 0021
RECORDED tn OFFICIAL RECORDS of COLLIER COUNTT, FL
04/16/1999 at. 09:00AI! DWIGHT B. BROCK, CLIR[
Retn:
CLERE TO THE BOARD
IH?ERDFFICl &TH FLOOR
HT 1240
RSC FEB S.00
COPIES 1.00
Property Folio No: 37981880008
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
Richard L=& Brenda V Silvers
3325 17th Ave SW
Naples FL 33964
The Lien was recorded on the 14= day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Flodda. The Lien secures the principal sum of
One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus
accrued interest and penalties, if any, and imposes certain obligations against
real property situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 27 E 75FT OF W 150FT OF TR 25 OR 902
PG 1913
Folio No. 37981880008
Project No. 64000
Account No. 12344
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording
of this Satisfaction of Lien, by action of the Board this ~ day of
· ,1999.
· 4...'. ATTEST: %':-.. BOARD_OF COUNTY COMMISSIO~RS
i' ~.~ '.~ DVVIGHT E. BROCK, Clerk . COLI.~~-~JN3'Y FLORIDA ./X/
"" ~. ~t a~' ,to"(~hatr~n,e /PAMELA S. MAC'KIE, CHARWOMAN
fo;nT' '
/
'and legal sufficiency
*** 2463551 OR: 2536 PG: 0022 ***
RECOIlDID In Ot~EICIAI, RICORDIi of COLLImit COIJNTI, EL
04/16/1999 set; O9:0OAM DWIGHT ~. BROCK, CLtRK
RBC ~!! 6,00
CWIt8 1.00
ne~n:
CLERK TO THE BOARD ~p~ ~ ~ ~J~
This instrument prepared by: I!ITIROFFICI4TH FLOOR
David C. Weigel SIT 7240
County Attorney
Office of the County Attorney
3301 East Tamiami ,Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No: 53751640009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
Christopher=& Maria C Collins
4400 Lakewood Blvd
Naples FL 33962
The Lien was recorded on the 14~' day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
'One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus
accrued interest and penalties, if any, and imposes certain obligations against
real property situated in Collier County, Florida, described as follows:
LAKEWOOD UNIT 1 BLK I LOT 1 OR 1530 PG 1953
Folio No. 53751640009
Pr~e~ No. 64000
Account No. 17161
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording
of this Satisfaction of Lien, by action of the Board this /'.3 day of
/'~'~ ,1999.
· ATTEST:'. BOARD COUNTY COMMISSIOI~
', ~ ,,. DWIGHT E. BROCK, Clerk CBOyLLI N , O
and 'legat' ~ufficiency
/-/
April 13, 1999
Item #16D4
RESOLUTION 99-196, APPROVING SATISFACTION OF LIENS FOR CERTAIN
ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECITON AND
DISPOSAL SERVICES SPECIAL ASSESSMENTS
Page 119
*** 2463552 OR: 2536 PG: 0023
RECORDED in O~IClAL RECORD,q of COLLIER COURTT, ~L
04/16/1999 at 09:OQAN DWIG11T B. BROCK, CLERK
RESOLUTION NO. 99-196 ~,RC rib
COPIES 1.00
Retn:
CLEIIK TO TH! BOARD
4711 ~LO01t ~ P ~ *~ ~
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on September 20, 1994 adopted Resolution No. 94-894 authorizing the
recording of notices of liens for the delinquent solid waste collection and disposal services special
assessments for 1993; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste
Collection and Disposal Special Assessment for the following accounts numbered below,
subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real
property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto
referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
record this Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 1054
Account No. 10977
Account No. 21458
This Resolution adopted this X.~ day of ~ ,1999 after motion, second and
majodty vote.
ATTEST: ,- "'-' BOARD OF COUNTY COMMISSIONERS
,DWIGHT E.B.ROCK,'-CLERK COLLIER COUNTY, FLORIDA
~'~,,~ BY
I,
legal su ' cy:',
*** 2463553 OR: 2536 PG: 0024 ***
RBCORDBD in OFFICIAL HCORD8
04/16/1999 at 09:O0H DWIGHT !. BROCK, CLARK
HC ~!! 6.00
COPlIS 1. O0
This instrument prepared by: Rein:
David C. Weigel Cl, S ,l[ TO THS S0Aa0, ,PR 199
County Attorney IlWSltO~IC! iTH ~LOOI~
Office of the County Attomey SIr
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 00099160003
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Constant Care Lawns Inc.
1139 E Spruce St STE A
Tarpon Spgs FL 34689
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
and Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County,
Flodda, described as follows:
23 47 27 El/2 OF SEl/4 OF NEll4 OF NWI/4, LESS N 30FT + E
50FT R/W4.05 AC OR 1442 PG 1262
Folio No. 00099160003
Project No. 63000
Account No. 1054
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs execution and recordin~l f this
Satisfaction of Lien, by action of the Board this ~ day of ~ ,1999.
/
ATTEST:" B"'~A'~qTOF'~TdNTY COMMISSIONE~~
· DWIGHT, E. BROCK, Clerk ~,OLLIE OUNTY, FLORIDA
.. 'KIE CHAIR OMAN
':, and legal sufficiency
*** 2463554 OR: 2536 PG: 0025 ***
!tlCOIDID tn O!!ICIAL RICOlIDS of COLLI!II COUNTT, IL
04/16/1999 at 09:00AN DWIGHT I. BROCK, CLARK
IIC Ill 6,00
COPIES 1.00
This instrument prepared by: aetn:
David C. Weigel CL!Ii TO TH! BOARD
County Attorney INT!IOIIZCI ITH LOOa i 3 199
Office of the County Attorney lit 7210
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 36379800002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Franco=& Adelita Garcia
1330 B S Alhambra Cir
Naples FL 33940
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County,
Flodda, described as follows:
GOLDEN GATE UNIT 6 PART 1 BLK 214 LOT 13 OR 1593 PG 319
Folio No. 36379800002
Project No. 63000
Account No. 10977
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and heraby cancels Lien.
The Clerk of the Circuit Court is heraby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Satisfaction of Lien, by action of the Board this ,1999.
.., . , ~,:.. -
A~EST: · BOARD Q OUN~ COMMISSIONERS
,. .........~/:~ ANOM
and legal sufficiency
*** 2463555 OR: 2536 PG: 0026
RICOMID in OIFIClAL MCORDS of CeLLIlK CODNIl, IL
04/16/1999 at 09:00AN DelIGHT !. BLOCK, CLIRK
RSC FHI 6.00
COPIES 1.00
This instrument prepared by: lath:
CLARK TO fllS BOARD
David C. Welles IelTHROFFICI 4fll FLOOR ~flP~' ~ ~
County Attorney lIT 1240
Office of the County Attorney
3301 East Tamiami Trail
Naples, Flodda 34112
(941) 774-8400
Property Folio No. 62043410006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Eduardo Carbellea
Vera Condomina
5240 Collins Court
Naples FL 339620000
The Lien was recorded on the 22nd day of September, 1994, in Official Record Book
1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One Hundred
Dollars and Seventy-Four Cents (100.74) plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
NAPLES MANOR #1 BLK 6 LOT 30 OR 1523 PG 282
Folio No. 62043410006
Project No. 63000
Account No. 21458
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Flodda, acting through its Chairwoman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this Z...~. day of ~ ,1999.
. ATTESTi ~:':. ": BOARD OF COUNTY COMMISSIONERS
April 13, 1999
Item #16D5
MODIFICATION #2 TO AGREEMENT #98-LM-44-0921-01-011 BETWEEN THE
DEPARTMENT OF COMITY AFFAIRS AND COLLIER COUNTY
Page 120
Agreement #: 98-LM=4H-0921-01-011
MODIFICATION # 2 TO CONTRACTUAL SERVICES AGREEMENT
WHEREAS, Collier County (hereinafter "the Contractor") and the Department of
Community Affairs (hereinafter "the Department") have entered into a Contractual Services
Agreement (hereina~er "Agreement") for the purpose of preparation and development of Local
Mitigation Strategies and pre-identiflcation and prioritization of Hazard Mitigation Grant
Program projects to become a part of the Statewide Hazard Mitigation Strategy; and
WHEREAS, based upon the delay in the Department' s provision of The Arbiter of
Storms (TAOS) computer modeling data to the Contractor, the parties desire to modify said
Agreement to revise the third period deliverable due dates.
NOW, THEREFORE, the above-referenced agreement is modified as follows:
In Attachment A, all references to Third Contract Period deliverable due dates are hereby
amended to reflect that the terms of the Third Contract Period commence on the date of
execution and terminate August 31, 1999.
In Attachment A, Items A. 1 .a and A. 1 .b of the Third Contract Period are amended to
reflect that the Department will provide these items to the Contractor by April 30, 1999.
All other provisions of the Agreement not inconsistent with this Modification #2 remain
in full force and effect.
APR 13 1999
IN WITNESS WHEREOF, the parties hereto have caused this Modification #2 to be executed by
their duly authorized officials as of the date below.
FOR THE DEPARTMENT:
FOR THE COUNTY: STATE OF FLORIDA DEPARTMENT OF
BY:.
yKi~~Tioonr~; , Authorized Depagt_mlen. t Official
t~ao~;~ao~ouanc, · · _Theteas z~. Pj. erce,h::tj.nq Dj_rector
t Housing &Community Development
Name/Title Name/Title
Date: z//~/;i'/~' Date: 5'-/r'q~
//- --/- /
59-6000558 Catalog of Federal Domestic Assistance
Federal Employer ID Number Number: 83.~.5J-Cf'
'DWIGHT ~. B~tOC~, C~E~C
' B Y: ~~/~ ~ _
'~~b~pu~ ~r~) 7 '
Approved ~ to Fo~ and Legal Su~ciency
Thomas C. Palmet .
~sistant County Attorney
April 13, 1999
Item #16D6
BUDGET AMENDMENT FOR HANDICAP IMPROVEMENTS AT THE MAIN COURTHOUSE
Item #16D7
SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR
ABATEMENT OF NUISANCE FOR MARIA LUISA LUTTEROTH, C/O SALVADOR
LUTTEROTH~ MARIA LUISA LUTTEROTH, C/O SALVADOR LUTTEROTH~ LEONARD J.
BUBRI & NICHOLAS KARALIS~ LEONARD J. BUBRI & NICHOLAS KARALIS~ CHESTER
AUGUSTINE ET UX~ DALANDA MC AULEY; LEONARD J. BUBRI & NICHOLAS
EARALIS~ VANE EST, IRENE P. SOCKALOWSKI~ GARY L. & NANCY C. SEWARD~
DAVID A. ELDRIDGE~ DAVID A. ELDRIDGE~ LEONARD WISNIEWSKI~ GUY J.
IARUSSI ET UX~ ANDI PEARSONE CAROL IRVING
Page 121
2463556 OR: 2536 PG: 0027 ***
HCORDBD in O~ICIAL RBCORDS of COLLHR COUNT~, ~L
01/16/19~9 a~ 09:00AN DWIGHT I. BROCK, CLARK
RBC B! 6,00
COPItS 1.0O
Bet, n:
CLARK TO VH! BOARD
INfiROfflCI 4TH ~LOOR
This instrument prepared by: SIr 1240 ~P~ ~ ~ ~999
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 56879360006
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Maria Luisa Lutteroth
c/o Salvador Lutteroth
Post Office Box 1375
San Ysidro, California 92073
The Lien was recorded on November 30, 1992 in Official Record Book 1774, page 1005, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 26, BLOCK 109 OF MARCO BEACH, UNIT THREEoA SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs exe~jj~~,recording of this Satisfaction of Lien, by action of
the Board this. /.j~ day of_ ,1999.
/
ATTEST: BOARD OF COUNTY COMMISSIONERS,
· DWIGHT E:. BROCKi Clerk COLLIER COUNTY, FLORIDA
' Y' PAMELAS. M~
MAN
/'~ ;est as to'Chalrman.Ys' · '
and legal sufficiency
*** 2463557 OR: 2536 PG: 0028 ***
R~CORD~O in OFNIClAL R~CORM of COLLIBR COUNT~, FL
04/16/1999 at Og:O0AN DWIGHT B. BROCK, CLIK
RBC FRI 6.00
COPItS 1.00
aetn:
CL~RK TO TIll BOARD
INTlitOlllCl tTH ILOOR
This instrument prepared by: lIT 7240
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 56879360006
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Maria Luisa Lutteroth
C/O Salvador Lutteroth
P. O. Box 1375
San Ysidro, CA 92073
The Lien was recorded on Apdl 8, 1991 in Official Record Book 001605, page 000920, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty~Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 26, BLOCK 109 OF MARCO BEACH UNIT THREE, A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs exe~recording of this Satisfaction of Lien, by action of
the Boardthis ,/,3 day of ,1999·
ATTEST: ' ' BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
· Art , .' . / PA N
':' s nst aS t,.o'Chalr~n.$
*** 2463558 OR: 2536 PG: 0029 ***
RBCORDBD in OffICI&L UCORDS Of COLLIaR COUNTY, ~L
04/16/1999 at 09:00aN DWIGHT i. BROCK, CLARK
RBC [BB 6.00
COPItS 1.00
Rein:
CLSltK TO TH! BOARD ~P~ ~ ~ ~
INTIROffIC! 4TH ~LOOR
This instrument prepared by: !IT 7240
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941 ) 774-8400
Property Folio No. 57740520000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Leonard J Bubri &
Nicholas Karalis
P O Box 142
Lima, PA 19037
The Lien was recorded on October 2, 1998 in Official Record Book 2466, page 2944, in the Office
of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida, described
as follows:
LOT 15, BLOCK 283 OF MARCO BEACH UNIT EIGHT, A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs e~ recording of this Satisfaction of Lien, by action of
theBo~'Cj this//__~ day of ,1999.
A'I:TEST: ':' BOARD OF COUNTY COMMISSIONERS,
:,
DWIGHT E. BROCK~.Clerk COLLIER COUNTY, FLORIDA
and legal sufficiency
*** 2463559 OR: 2536 PG: 0030 ***
P3CORDBD in O[~ICIAI, BCORDS of COI, LIBR COUN~,
Q~/16/1999 at 09:00~K DNIGB~ S. BROCK, CLBK
RRC [St 6.OO
COPItS 1.00
This instrument prepared by: Rein:
Heidi F. Ashton CLARK T0 TEl S0AID
Assistant County Attorney INTBRO,IC! 4TH ~LO01t
Office of the County Attorney SIT 7210
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 57740520000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Leonard J Bubri
Nicholas Karalis
P O Box 142
Lima, PA 19037
The Lien was recorded on September 16, 1996 in Official Record Book 2228, page 2114, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 15, BLOCK 283 OF MARCO BEACH UNIT EIGHT, A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs e~,~~ recording of this Satisfaction of Lien, by action of
the Board this /3> day of ,1999.
· ATTEST: BOARD OF COUNTY COMMISSIONERS,
· DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
proved as to form
al sufficiency
2463560 OR: Z536 PG: 003i
RBCORDBD in OI!ICIAL HCORDS o[ COLLIaR COUNTY, ~L
04/16/1999 at 09:00H DWIGHT a. BROCK, CLARK
RKC EaR 6.00
COPIRa 1.00
Rein:
CLARK TO YIIK BOARD
imRo~Ics 4TH tLOOa ~P~ ~ :-~ 199~
This instrument prepared by: SIT 7240
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 57646080000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Chester Augustine ET UX
2819 N Moody Ave
Chicago, IL 60634
The Lien was recorded on July 27, 1998 in Official Record Book 2444, page 2426, in the Office of
the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of Three Hundred Dollars ($300.00), plus accrued interest and penalties, if any, and imposes
certain obligations against real property situated in Collier County, Florida, described as follows:
LOT 9 BLOCK 178 OF MARCO BEACH UNIT SEVEN, A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairw an, directs ' '
the Board this .,~ day of exe/~.~~ecord~ng of this Satisfaction of Lien, by action of
,1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
ature or~]y. -
proved as to form
gal sufficiency
*** 2463561 OR: 2536 PG: 0032 ***
R~COiIO~D in O~IClAL MCORD,q of COLLIER COUIffY, ~L
04/16/1999 a~ O9:OOall DIIGHT S. BROCK, CLBRK
RBC FB! 6.OO
COPIBS 1.00
Itetn:
CLSRK TO TH! BOARD
INTIIR0,IC! noon
This instrument prepared by: BIT 7210
Hejdj F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiamj Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 56937000004
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Dalanda McAuley
1740 NW 36th CT
Ft. Lauderdale, FL 33309
The Lien was recorded on September 4, 1998 in Official Record Book 2458, page 1428, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 1, BLOCK 121, MARCO BEACH UNIT FOUR, A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Fiodda, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs execution and r ording of this Satisfaction of Lien, by action of
the Board this X.~ day of ~ .1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK;' Clerk COLLIER COUNTY, FLORIDA
;":" :" AMELA S. MAC~~MA
' ' ~, By:
t~~"~' P N
~al sufficiency
2463562 OR: 2536 PG: 0033
RICORDND in OFFICIAL RICOaDS of COLLINI{ COUNTY, ~L
04/16/I.9 at 09:00~ DWIGHT S. BROCK,
RBC WS! 6.00
COPINS l. OO
Re~n:
CLImRK TO TH! BOARD
INTBROUICN 4TH {LOOI ~
This instrument prepared by: lIT 724Q
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 57740520000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Leonard J Bubri
Nicholas Karalis
P O Box 142
Lima, PA 19037
The Lien was recorded on December 30, 1996 in Official Record Book 2266, page 0180, in the
Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 15, BLOCK 283 OF MARCO BEACH UNIT EIGHT A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs execution. a~nd recording of this Satisfaction of Lien, by action of
the Board this _./_-:7 day of/'~.~._.../ ,1999.
'7 '
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E, BROCK. Clerk COLLIER COUNTY, FLORIDA
, ~:Jf~: . By: PA!~II~I.~ ~; N
.' Sfg ture o:~l "afr~an's
'*' 2463563 OR: 2536 PG: 0034 ***
RBCORDBD in Ot*~IClaL RICORDS of COLLIFt COUN'fT,
04/16/1999 a~ O9:00AN DWIGHT S. BROCK, CLBRK
RHC FB! 6.00
COPIl8 1.00
Rein:
CLARK TO TH! BOAJtD
INflltO//ICS 41'!! FLOOR
This instrument prepared by: SIT 7240
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
4941 ) 774-8400
Property Folio No. 64261720000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Vane EST, Irene P Sockalowski
% Renetta Spence
P O Box 9821
Naples, FL 34101
The Lien was recorded on November 9, 1998 in Official Record Book 2478, page 3090, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred Sixty-Seven Dollars and Fifty Cents ($267.50), plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in Collier
County, Florida, described as follows:
LOT 18 AND THE WEST ONE-HALF (Wl/2) OF LOT 19, BLOCK E, NORTH NAPLES
HIGHLANDS, WITH ALL IMPROVEMENTS THEREON INCLUDING A 40 FOOT TV TOWER,
GAS SPACE HEATER, HOT WATER HEATER AND ELECTRIC RANGE.
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs ex~u~u~cording of this Satisfaction of Lien, by action of
the Boar, d this /"~' day of ,1999.
,
ATTEST: BOARD OF COUNTY COMMISSIONERS,
:. DWIGHT E. BROCK;Clerk COLLIER COUNTY, FLORIDA
2463564 OR: 2536 PG: 0035
RECORDED in OffICIAL RECORDS of COLLIER COUNTY, IL
04/16/1999 at 09:O0AM DNIGHT B. BROCK, CLERK
RBC ~ll 6.08
COPZ!B 1.00
Retn:
CLERK T0 TRB BOARD ~kPR 3 199~i
INTII0fflCI 4TH
This instrument prepared by: ElY 7240
Heidj F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941 ) 774-8400
Property Folio No. 56792000003
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Gary L & Nancy C Seward
830 Bebout
Venetia, PA 15367
The Lien was recorded on December 11, 1998 in Official Record Book 2490, page 2380, in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 17, BLOCK 50, MARCO BEACH, UNIT TWO, A SUBDIVISION
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs e,~,,~~ recording of this Satisfaction of Lien, by action of
the Board this ~ day of ,1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
7. ""'' ' PAMELA S. MAC'KIE, CILIAII~WO~AN
~.'~ e~t as t;o Cha'tnean's
xxx Zzib3 b (JR: FG: UU b
BCORD~D ia O/HCIAL UCORDS of COLLIER COUIfi, I~
0~/16/19, a~ 0~:00~ DMIGBY S. BROa, CLSK
RBC ~Sl 6.00
COPIB5 1.00
This instrument prepared by: ReLn:
Hejdj F. Ashton CLRRK YO YHB BOARD
Assistant County A~orney INYBIOFfiCI 4TH FLOOR
O~ce of the County A~orney SIT 72~0 ~, ~:~: .~ .....,
3301 East Tamiami Trail
Naples, Florida 34112
(941 ) 774-8400
Property Folio No. 36306040000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
David A Bidridge
15618 44th St So
Seattle, WA 98188
The Lien was recorded on March 16, 1995 in Official Record Book 2039, page 1175, in the Office
of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida, described
as follows:
LOTS 25 BLOCK 189 UNIT 6 PART -- GOLDEN GATE
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwo , directs executi n arid cording of this Satisfaction of Lien, by action of
A~EST: BOARD OF COUN~ COMMISSIONERS.
DWIGHT E: BROCK, Clerk COLLIER COUNt, FLORIDA
~ PA~E~ S. M[CrKI~, CH~IR~d~N
"* 2463566 OR: 2536 PG: 0037
R~CORD~D in O,ICIAL UCORM of COLLIIR COl!N~, ~L
04/16/1999 a~ O9:OOAM DilGHY R. BROCK, CLBRK
HC ~B~ 6.00
COMBS 1.00
Beth:
CLBR[ TO TH! BOARD
~rrSltOt~XC! tYS tLOOt &P~ '~ ~
This instrument prepared by: Irl' 1240
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941 ) 774-8400
Property Folio No. 36306040000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
David A Eldridge
15618 44th St So
Seattle, WA 98188
The Lien was recorded on April 21, 1995 in Official Record Book 2051, page 1173, in the Office of
the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal
sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any,
and imposes certain obligations against real property situated in Collier County, Florida, described
as follows:
LOTS 25 BLOCK 189 UNIT 6 PART -- GOLDEN GATE
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, FIodda, acting
through its Chairwoman, directs exe.~,~ recording of this Satisfaction of Lien, by action of
the Board this ./__7 day of ,1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
MELA S. MAC'~M~AN
and legal sufficiency
*** 2463567 OR: 2536 PG: 0038
RECORDED in O~IlClAL RBCOlffi~ o~ COLLIER COUNTT, ~L
04/16/1999 at 09:00AN D~JlGHT B. BROCK, CLERK
RBC ~ll 6.00
COPXBS ! .00
netn:
CLERK 1'0 TH! BOARD
INfleROfflC! 4TH FLOOR ;~p~ ~ ~
This instrument prepared by: lIT 72(0
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 36306040000
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Leonard Wisniewski
2630 NE 35th Ave
Naples, FL 33964
The Lien was recorded on September 16, 1996 in Official Record Book 2228, page 2108, in the
Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the
principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
GOLDEN GATE UNIT 6 BLK 189 LOT 25 COLLIER COUNTY, FLORIDA
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chairwoman, directs executLT.~/T,~ing of this Satisfaction of Lien, by action of
the Board this __./_7__ day of ,1999.
ATTEST:' '=' BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
d
~nd le~l su~ciency
*** 2463568 OR: 2536 PG: 0039 ***
RRCORDBD in O,IClAT, lIBCORM of COLLIIR COUNTY, ~L
04/16/199! at 09:00AK DIEGHT l, BROCK, CLRRK
UC ~te! 6.00
COMBS I. QO
Re~n:
CLBRK TO TH! BOAPJ]
INTIRO,lCl 4TH
This instrument prepared by: SlY 7210 ~xPR ~ ~ t99~
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 55700080003
SATISFACTION OF LIEN
KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY
COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
larussi ET UX, Guy J
911 Canyon View Road
Apt. 212
Sagamore Hills, OH 44067
The Lien was recorded on June 22, 1998 in Official Record Book 2432, page 2532, in the Office of
the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal
sum of Two Hundred and Ninety Dollars ($290.00), plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida, described as
follows:
ALL OF LINDA PARK, EXCEPT LOTS 38, 39, 40, 42, 43, AND 44, A SUBDIVISION OF LOT 51
OF NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, LESS STATE ROAD RIGHT-OF-
WAY
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of
payment in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
' ' ' execution and, r ording of this Satisfaction of Lien, by action of
/
AI'I'EST: ' :':" BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, ' Clerk COLLIER COUNTY, FLORIDA
.,
.,T.. .
Approved as to form
and legal sufficiency
April 13, 1999
Item #16D8
RESOLUTION 99-197, APPROVING SATISFACTION OF LIEN FOR A CERTAIN
ACCOUNT THAT HAS PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENT
Page 122
,,.: 2463570 OR: 2536 PG: 0041
CLERK TO THI BOARDRaCeRDaD in the OFFICIAL RBCORDS of COLLIaR COUNTY, FL COPItSl.OO
INTBRO,IC! 4YH FLOOR 04/16/1999 a~ OU:QQAH DWIGHT S. BROCK, CLBRI
SXV 721o
RESOLUTION NO. 99-_~_7_
A RESOLUTION APP~OVING SATISFACTION OF LIEN
FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE
1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENT
WHEREAS, pursuant: ~o Collier County Ordinance No. 90-~0, as amended, the
Board o~ County Commissioners on September 19, 1994 adopted Resolution No.
94-668 au~horizing ~he recording o~ notices o~ liens for ~he delinquen~ solid waste
collec~ion and disposal sen/ices special assessments for 1992; and
WHEREAS, Collier County Ordinance No. 90-~0, as amendeci, requires the Board
to approve by Resolution and record In the Official Records a Satisfaction of Lien on
all accounts that have been paid In full.
NOW, THEREFOEE0 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ~hat pursuan~ to Collier County Ordinance NO. 90-~0, as
amended, ~he Board recognizes full paymen~ and receip~ of the 1992 Service Year
Solid Waste Collection and Disposal Special Assessmen~ ~or ~he following account
numbered below, subsequen~ to the adoption of Resolution No. 94-668, whereupon
a lien had been recorded on real property perl:alnlng ~o ~he accoun~ identified
herein. The Satisfaction of Lien attached Iqereto referencing the account identified
herein is hereby approved and the Chairwoman Is hereby authorized to sign on
behalf of ~he Board o~ County Commissioners, and ~he Clerk is directed ~o record
this Resolution and this Satis~action of Lien individually In the official records
Collier County:
Accoun~ NO. 107259
This Resolution adopted this ~ day o~ ~, 1999
after motion, second and majority vo~e.
DWJGHT. Eii'BR(X:K, CI~ERK BOARD OF COUNTY COMMISSIONE
~', ~ COLLIER COUNTY, FLORIDA
'~. ~ ~ BY
FDavid'C. Weigel
~CountV Attorney
*** 2463571 OR: 2536 PG: 0042 ***
RI~COEDI~D in OifiCIAL I~,CORD8 of COLLIBR COUIIYT,
04/16/1999 at; Qg:QOAK DWlGBY B. BROCK, CL~itI[
!~!C ~!l 6.00
COPH~ ! .0O
This instrument prepared by: liet;n:
Office of the County Attomey CLaltg TO THI BO~D
3301 East Tamiami Trail IWflll0~fiCl 4fH fi,00R ·
Naples, Florida 34112 Bit 1240
(941) 774- 8400
Property Folio No. 61945720002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a
certain Lien against:
Cheryl R Simmons TR
7045 Bottlebrush Ln
Naples FL 33999
The Lien was recorded on the 19t" day of September, 1994, in Official Record Book
1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier
County, State of Florida. The Lien secures the principal sum of Three Hundred and
Two Dollars and Twenty-Two Cents ($302.22) plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
N I C L F 22 49 25 BEG E 2155FT OF SW COR OF LOT 69, E 90FT
FOR POB THENCE E 80FT, N 149FT, SW LY 87.48FT, S 108.22FT
TO POB OR 1498 PG
Folio No. 61945720002
Project No. 61000
Account No. 107259
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairwoman, directs execution and recording of this
Sa' ' ' n, by action of the Board this -Z~ day of
.1999.
· ATTEST: BOARD OF COUNTY COMMISSIONE
DW, IGHT E BROCK Clerk
uvvt~fq/t:~,,~ COLLI COUNTY, FLORIDA
'! and legal'Sufficiency
April 13, 1999
Item #16D9
RESOLUTION 99-198, APPROVING SATISFACTION OF LIENS FOR CERTAIN
ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENTS
Page 123
Z 63b 2 OR: 2536 PG: 0043 '**
RIC FB6.00
CLBR[ TO TH! BOARD UCORDBD In ~he OFFICIAL RBCORDS o~ COLLIBR COUNTT, ~LCOPIBS l. OO
INTBROFFIC! 4TH ~LOOR Q~/16/1999 a~ Og:OOAN DWigHT S. BROCK, CLHK
BIT 7240 ..
RESOLUTION NO. 99- ~ ~ ~P~ ~ ~ ~99
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the
recording of notices of liens for the delinquent solid waste collection and disposal sen/ices special
assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste
Collection and Disposal Special Assessment for the following accounts numbered below,
subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real
property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto
referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
record this Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 9548
Account No. 20365
Account No. 21115
This Resolution adopted this _..Z2T_day of ~ , 1999 after motion, second and
majority
-. BOARD OF COUNTY COMMISSIONERS
.:: .' DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
2463573 OR: 2536 PG: 0044
RICORDBD in O,IClAL RBCOBS of COLLIBR COBKTT, ~L
04/16/1999 at 09:O0AN DglGHY B. BROCK, CLBK
RIC FIB 6,00
COMBS 1.o0
This instrument prepared by: here:
David C. Weigel Ct.!RK TO THI BOARD
County Attorney Zrf!R0111C!4ta IL00R APE
Office of the County Attorney BIf 72t0
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No: 36379800002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
Franco=& Adelita Garcia
1330-B S Alhambra Cir
Naples FL 33940
The Lien was recorded on the 14m day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
GOLDEN GATE UNIT 6 PART 1 BLK 214 LOT 13 OR 1593 PG 319
Folio No. 36379800002
Project No. 64000
Account No. 9548
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairwoman, directs execution and recording
.' , 1999.
ATTEST: :':. BOARD OF COUNTY COMMISSIONERS
By '~ '"
and i~al sufficiency
. ., /
24635 4 OR: ;!536 P6:0045
R!CORDID in OHICIAL RICOlIDS of COLLINR COUNTY, FL
04/It/I~t9 at Og:O011i DIEGift !. BIOCN, CLIRI
This instrument prepared by: tic 71! 6.00
David C. Weigel co~zss t.oo
County Attorney Netn:
Office of the County Attorney C~SNX TO ~N! S0~X~
IlffliO~ICi 4TN ILO01
3301 East Tamiami Trail I~ 72t0 AP~ ~ ~7.~ lq-q~
Naples, Florida 34112
(941 ) 774-8400
Property Folio No: 62043410006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
Eduardo Carbellea
Vera Condomina
5240 Collins Court
Naples FL 33962
The Lien was recorded on the 14"' day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
NAPLES MANOR #1 BLK 6 LOT 30 OR 1523 PG 282
Folio No. 62043410006
Project No. 64000
Account No. 20365
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairwoman, directs execution and recording
..~0.f. ' ' ' of Lien, by action of the Board this /'.j2 day of
..., :.-,. ../'
· .,.~:., ;".'
: .. ' 'L BOARD OF COUNTY COMMISSION
ATTEST:
:., : ~~ COLL UN , E , ..
. By
· $fg ature on].f,
provi~d' as to form
~gal sufficiency
2463575 OR: 2536 P6:0046 ***
HCORDBD in Ot,~IClll, RECORDS of COLLIBR COUNTY, ~L
04/16/19. 81 Og:OOAN DWIGHT 1. BROCK, CLBRK
This instrument prepared by: uc us 6.00
David C. Weigel c0Pzss 1.00
County Attorney Retn:
CLIR[ TO TH! BOARD
Office of the County Attorney I!ITSROL*I*ICaITH PLOORAPR t 3 !cJ99
3301 East Tamiami Trail sly 1140
Naples, Florida 34112
(941) 774-8400
Property Folio No: 62251360003
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
Felix Lerch Family Trust
2669 Davis Blvd Ste 101
Naples FL 33962
The Lien was recorded on the 14t" day of September, 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
NAPLES MANOR LAKES BLK 3 LOT 3 OR 1637 PG 1911
Folio No. 62251360003
Project No. 64000
Account No. 21115
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairwoman, directs execution and recording
of ' ' ' n of Lien, by action of the Board this ..../:~ day of
,.. ATTEST/, .:..-""':. ' BOARD Of COUNTY COMMISSI NE S
and le' "al '~ciency
. ,~,:~:::.., ,~ 2:: "~'
April 13, 1999
Item #16D10
QUOTES FOR TELEMETRY SERVICE IN EXCESS OF THE $25,000 BID LIMIT -
AWARDED TO WILEINS, MALCOLM & ASSOCIATES, INC.? CONSOLIDATED POWER
SERVICES, INC.; AND DATA FLOW SYSTEMS, INC.
Item #16Dll
CONTRACT BETWEEN COLLIER COUNTY AND THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNCIL FOR HAZARDS VULNERABILITY AND CRITICAL FACILITIES
MAPPING
Page 124
CONTRACT
BETWEEN
COLLIER COUNTY AND
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
FOR
LOCAL MITIGATION STRATEGY (LMS) HAZARD
VULNERABILITY AND
CRITICAL FACILITIES MAPPING
I. Purpose
On April 28, 1998, Collier County entered into an agreement with the Florida
Department of Community Affairs for the development of a Local Mitigation
Strategy for Collier County and its municipalities. A vital task in the Scope of
Work is the mapping of critical facilities within Collier County and the
identification of areas of vulnerability. This work must be completed prior to July
31, 1999 in order to submit all work products to the Department of Community
Affairs by August 31, 1999.
This contract between Collier County and the Southwest Florida Regional
Planning Council authorizes the Council staff to assist Collier County in its
responsibilities for the development and completion of hazard vulnerability and
critical facilities mapping necessary to met the County's Local Mitigation Strategy
([,MS) contra~:t requirements between the County and the Department of
Community .Affairs (DCA).
II. Council Responsibilities
Complete the following tasks.
1. Locate all critical facilities in GIS format (including latitude and longitude
coordinates).
2. Provide the following back and white maps by Collier County Planning
Zones:
a. maps showing the 100-year floodplain,
, b. maps showing the Tropical Storm through Category 3 Hurricane Storm
Surge Zones,
c. maps showing the Coastal Construction Control Line (CCCL),
d. maps showing all critical facilities using appropriate symbols to identify
theses facilities.
APR 13 1999
IV. Program Budget/Schedule of Payment
The fixed fee agreement for completion of the project is $7,500. Payment will be due
upon Collier County receiving payment from the Department of Community Affairs for
completing of the third quarter reliverabies consistent with the section titled Payment
and Deliverables Schedule in Attachment A - Scope of Work Local Mitigation Strategy
of the CONTRACTUAL SERVICES AGREEMENT entered into by and between the
State of Florida, Department of Community Affairs, and Collier County.
V. Amendments
Either party may, from time to time, request changes in the Scope of Work to be
performed. Such changes which are mutually agreed upon by and between the Council
and the County shall be incorporated in written amendments to this agreement.
VI. Termination of Agreement
If, for any cause, the Council fails to fulfill its obligations under this agreement, or if any
covenants, agreements, or stipulations of this agreement are violated, the County will
thereupon have the right to terminate this agreement. The termination may be made by
giving written notice via registered mail to the Council and specifying the effective date
thereof. This notification must be made a least fifteen days before the effective date of
such termination.
VII. Reverse Termination
If for any cause, the County falls to fulfill its obfigations under this agreement, or if any
covenants, agreements, or stipulations of this agreement are violated, the Council will
therefore, have the right to terminate this agreement. This termination may be made by
giving written notice via registered mail and specifying the effective date thereof. This
notification must be made at least fifteen days prior to the effdctive date of such
termination. Without waiving its right to terminate this agreement, the Council may
delay or withhold services under this agreement in an attempt to give the County an
opportunity to fulfill its obligations or correct any violation of the agreement.
VIII. Council Responsibility Upon Termination
In the event that this agreement is terminated for any reason, all finished or unfinished
documents, data, correspondence, and reports prepared by the Council staff under this
agreement shall be delivered to the County. The Council shall be entitled to retain only
that portion of the grant sum equal to the portion of the grant period that 'had expired to
any termination.
APR 13 1999
IH. County R,sponsibilitieS
1. Make available all pertinent data, resources, and other necessary
information and personnel to Council Staff for completion of this project.
2. Respond in a timely manner to Council staff request for review and
comment on draft maps, and other items.
IX. Expiration
This agreement will expire after the subject tasks are completed and the Southwest
Florida Regional Planning Council has received payment from the County.
In witness whereof, the parties hereto have caused this contract to be executed by their
;:d. 'r;)~fficiais as d y authorized.
· Date: ,,~~,,?O--
Southwest Florida Regional Planning Co ell
Date:
C 11
nets
· ~"AT.TEST: Dwight E. Brock, Clerk
' " ~aiure"o~ll,
::,!
':' ' ~ed
".' '.t Appr0 ' aS .tb Form and Legal Sufficiency:
April 13, 1999
Item #16D12
LEASE PURCHASE AGREEMENT WITH E-ONE LEASING FOR THE ACQUISITION OF A
1998 NAVISTAR CLASS "A" PUMPER - FOR THE ANNUAL COST OF $22,174.56
Page 125
~;;;Jv%~-,~..~-H O~ ~ ~* Always Refer to Lease No. M'
1415 ~, 22~d St~ee~ Suite 1100 Rental Commencement Date:
Oak Broo~e IL 60521 ; ,:
,...: , .3
I.ESSEE: . . ~, . · '; .... ' VENDOS: . , ,.,; ~ · · . · "'~.; ..... .'
Address: ~Ot ~hffit ~ ~L ~ " Address:
Contact and TItle: . - ,, .Contact 'and TItle: .....
Telephone No. .. ... , Telephone No: '"' ..... ' '~ " '" ...........
ITEM QUANTITY~' "' " "":" ....... EQUIPMENt:DESCRIPTION (Include Make/Model. Serial No. and all AUachment8)' ' .....
"' "' ": " "'
., ;. ,.;:.,..f ....
LOCATION OF EQUIPMENT.IE:OTHER'THANABOVE ADDRESS OF LESSEE. .;,.~,. , ...:.:..;. ;... ...... .=, ~ .
Address: City """ County State
. , :. ..,.:.... .. ,.., . ,. ,.. ,
' , ., . .. hare o Ind made I pad hereof
..= FLORIDAMUNi'CIPAL LEASE AND OPTION AGREEMENT.. ~.' .... :,
Lessor hereby leases to Lessee the ~qulpment for the purposes and :Hpon the ~0pl~wipg terms and Conditions:' '
.....
ARTICLE I: COVENANTS OF LESSEE. Lessee represanls, covenanls and warrenIs, for ARTICLE '111: COMMENCEMENT OF LEASE TER ~
the benefit of Lessor as follows: .':: · * ' .' '~ The Original Term of this Agreement shall commence on the dale the Equlpmenl
Ihe ConstllullOn and lawe el the Stale as eel fodh above ("Slate") and will do or cause
Io be done Ill thln0a neceslaW ~d prelate and keep In lull large end ifl~t II~ ~lm- of the Lames Term, thll Agreement will be lutomltlcmlly renewed ~t the I~d Of th
te~ce as a body Corporals and politic. Original Term ~nd any Renewal Term unlea$ Ihe Lessee glvem written notice to Le~mc
B. Lessee has been duly aulhorlzed Io execute. deliver and perlorm this Agreement not less then ninety {90) days prior Io Ihe end of the Original Term or Renewal Ten
under the Conslltutlon and laws of Ihe Slate and under the terms and provisions el then In ellact of Lessee's Intention Io lermlnate this Agreement pursuanl to Adicle
the resolution of Its governing body. or by other appropriate olficlal approval. Lessee as the case may be. ' : '; ...... ~: :' ',-'. ' ' '-
furlher represents. covenants and warrants Ihal 811 requirements have been mot, and "' ' : " ~" ' ~ "'
procedures have occurred in order to ensure the enlorcoablllly of this Agreement. "
Lessee shall cause to be execuled an opinion of lie counsel In lore accoptublu to , ARTICLE IV: INSPECTION. Lessor shall have Ihe right at ~11 reasonable times durin
Le8sor. business hours to enter Into and upon the prope~ of Lessee for the purpose of it,
· spacling the Equipment. '
C.. During the term' of this Agreement' the Equipment will be 'u8od by Losa~o only for
Ihe 'purpose of peHormlng one'or' more governmental or propriolaW functions of
Lessee consistent wllh: Ihe.permlsslble scope el Lessoo's:authorily and'will nol~bo ARTICLE V: RENT PAYMENTS.
used In a trade or business ol any person'Or' entity' other than Ihe Lessee: Saclion 5.01 Rent Payments Io Constitute a Currenl Expense el Lanes. Lessor an
D. During Ihe period this Agreemenl Is In force, L~'e will anneally provide Lessor Lessee understand and Intend thai Ihe obligelion of Lessee to pay Rent Payment
with current financial 81atemania. budgeis. prool of appropriation lot the ensuln0 , hereunder'shall canalliars a current expense of Lessee and shall not In any way b
fiscal year and such other financial InformalIon retalln0 telthe ability ol Lossee to . construed to be a debt 0f Less~ In contra~enll0h'0f:any'appllcable constitutional c
continue this AgreemeDl as may be reasonably requested by Lessor; ' slatutoW Ilmltatlons~'or r~Ulr~ments 'concerning' Ihe' creation ol Indebtedness b
E. The Equipment 18, and shall remain during' the period this Agreement ~ In'force. Lessee. nor 8hall anything .conmined h'er~l~' constitute a 'pledge el the general ta
personal property'andwhen aubJecHo use:by Lessee under Ihls AOreqmont, will not ' revenues..funds or:~oples'qf Le~s~e:;~lq~e~'the ~ess~e. Ihe state of Florida. nor an
be or become fixtures.'; political subdivlSl0q ~q[qoF s~all bq obllgaled Io pay.pny sums due Io Lessor her{
under Item AD VALOREM laxer
ARTICLE Ih DEFINITIONS. The following term8 will have the moanln0s Indicated ~ So.cqon 5.02 P.aymen~ of Renl Paymenls~ ,Lessee 8hall pay Rent Payments. exclusivr~l
below unless the contaxi clearly roqulros.olhorwlso: . .. , ...... :~ , from lu0olly. availShip ~,~ds Io,Lossor In Iho amounls andon the dates
"Lease Term" means the Orlglnal.,Torm dollnod tn Arlh:l. III Irareel and a sufflclunl . Ihu Puylnonl 5churlale aliachad Io lifts Agreement. A podion of each Ronl PayRat
number of automatic Renewal Terms'as will consllhllu Ihu nuu;hui ul monthu ~ul fudh I~ paid ~3, and ruprusunl3 paymunl of. Inlerool and principal. respectively. UalancL
on the face el this Agreement." hal laid whun duu shall ha oublu{;I to past duo Interest BI the rate el 18% per anrm~
"LesSor means Ihe enllly'dedgnaled on'the lace el this Agreemenl as Los~or hero- or the hl0host rate permitted by law. whichever I~ less. Notwithstanding any otht
under.' : .. :. : provision el this agreemo,l and under ~ ~',d'&il.'Flrc~slan~es, LesSee'is obSiOale
"Purchase Price" means Ihe amount which Lessee may, al Its option, pa~ Io Lessor In Io pay Inloresl I0 LeSsOr'on the 'pH~F~as~ price {remaining balance) a~ !he per anmn
'rate ~ecifiod In Ibis agrpemont for each day this agreement remains in.e!lect. All sac
order Io purchase the Equipment as set IOrth In 'lhe Pay~nonl Schedule alla~hod Io ~ .
t unpaid' Inle'ro~l'shall be duo Im'modlale~yupon I~rml~tlon of Ihls lease.
Ihis Agreement, subJecl ~o'tho lares of A~II~Ie. IX': ' ' ' ........ . . ~ ............. '
"Renewal,.T~rm(~)" mean~ the automatl'c renewal periods 0t, I~ts:~gre~ment, each Sodle~ ;.:~a~e~:~ :G b~ ~cv,.Gi;u~. '
having a duration 0f one' (~) y~ar 'co-termlnous with Lessee's f scal.year excopl I1~o li~W Les~ m:h~a~,.,=,,~ ~f~e;,; Faymu.b m.d v;~~d u~
last el such automatlcZ'.re~wal. ~erl~ds ~hlc'h'.shall. end on the.,~nnlv~rsaW el the Ih~A~,'= ....... ~ a;,.i; b~ .bsaul~d ,j .... dilh-=l i. -ql eve~
Commencement Date. The terms and condqions during any,Renewal Term shall be ~85 :uch ~zymsRl~~~thhnla ~ny math paymnnt~
the same as the terms and.conditions during the Original Term, except thai the Rent c~)' ~sp.,te~ -~lag'ameOg LaUnCher ~ersen. n~
"Vendo~ means .the menulecturer of the Equipment as well as the agents 0r dealers s~nt~liUadJo a~l " '
CLE~:
]1~ ' ' ', .72( (conanus on b
AOOEPTED AT:
By: B:
Title: ~ Title: ~~/ 7-'
,PR 13 199§
TERMS AND CONDITIONS
Saclion 5.04 ConllnuallSn o! Lease Term by Lessee. Lessee Inlonds to continua Iha ARTICLE X: ASSIGNMENT| SUBLEASING; AND' INDEMNIFICATION..
Lease Term Ihrough the Original Term and all of the Renewal Terms and Io pay the Saclion 10.01 Aulgnmenl by Lellor. ThIS Agfter~entrand the obligations of Lease
Rent Payments hereunder. Lease reasonably believes thai I~sgallyevallable funds of Io make payments hereunder.'a~e.not'W_ignable. Mlable;' or iransfersble by Lasso
an amount sufficient to make all Rent Paymania during the Original Term and eeoh .In whole or In pert. Any Irenefar. selet.:or'~lllgnmlnt of tl~la 'dg~r~emenl !o any olhe
Renewal Term c~n be obtained. Lanes further Islands to do all things lawfully wllhln party will render this eastreal void..
Its power to obtain and maintain funds from whloh Rent Payments may. be 'made, 8eellee 10.02 No Sale, Assignment or 8ubleeeb~ by Laslee. This Agreement an
including making provision for mjch payment8 to the extent necessary in each biannual the Interest of Lessee in th.e Equipment insILt)at be Io.1.~. IlsWgne~l..or encumbers
or annual budget submitted and adopted in accordance with applicable provisions . .by Lessee ..............................
reviews and appeals In the event such portion of the budget Is not epproved. .' . e;~7' ~_ ~,_.~ _, ,L ........................... § ,-- ,hhl A~;';.;.;';..;_'I: hn/
for Ihe payment of.the Rent Payments required to be paid In Ihe 'nb~t: occdrrlng Re:- .-. ' '
newel Term. and If Lessee has no funds legally available Ior Real Payeepie. from e~ver
Term or then currentJ:J. enewaLTorm. and Lessee shall 0ol be obllgaled.lo make pay-' ~)l!delault" here;;~'a~r." "" . } _'. ' ..... '
meat of the Renl Payments provided for. In Ibis Agreement beyond lhe. Orlglnel Term .........................................
notice Io Leasor~Of, sulch.lerrqlqatlon-.at.leaarnlneIy ~{90) days prior,to .theeend of the'
Original Term {~ ~1~'~ th~r~ our~'~t' Rane~ral T~rr~.' If IbiS' Agreameni'ls ler~lnai'~ Bj Fallu~'~"by I~aa'e'e".t~ ~0ba~rve ~nd 1~a~orm any other ~ovenlnt. condition c
under this aeolian 8.05. La~ea agrees, at La~.aa'a cost and expense. pei¢~eeb}~:a~d j'greeminl on'Its'pert ~O be 'Jt~s. arved or beliereed., other Ihan lot e period of thlrt
Immadlalely to volunledly deliver the Equlpmenl to Lessor at Ihe Ioolllon apeallied (30) dlyl after written notl~e to Lasses. egoallying auoh failure end requaellng
by Lessor;. In 8uoh evenl. and to the exlent lawful. Lessee shall sol. unttl the date It be remedied, unlace Lessor shall agrle In wrlll~g to In extension of such tim
on which the next occurring Renewal Term would have ended. expend any funds prior to Its expirelion; provided. however. If the failure ateted In the notice oanne
for the purchase or use of equipment similar to the Equipment subject to this Agree- be carreeled within Ihe applicable period. Le~or w!ll not unreasonably withhold it.
consent .Io an extension of such Ilme.lf. oorrective. aotlon.ls Instltuled by Lesse~
menL In theevent of nonappropriation. If !he Lessee falls to return Ihe leased equip-.
menl. Lessor may 8us for the unpaid balance and compenselory damages ah~ 'can' ;WIthin the appllcabla parlor'and dlllge~tl~ I~u~UedL~ntll the:'defa~lt le carteclad; o
C. Breach of any material representation or warranty by Lessee under this Agree
collect same only from legally available funds. meat; or . ..-..
D. Commencement by Lessee of a case .or.proceeding under the Federal bankruptcl
ARTICLE VI.* TITLE TO EQUIPMENT| SECURITY INTEREST., laws or filing by Lessee of any petltlon~or answer seeking raorganlzallon. arrange
Section 6.01 Title Io Ihe EquipmeaL During Ihe term el this Agreement. title to the menl. composltlon.'resdJustment. llquldetlon or similar relief under any existing o
Equlpmenl andany and'all edcl, ltlOne, repairs. replacements. qr. modlficatlon. s. shale,vest future bankruptcy. Insolvency or other, similar law or an answer admitting or no
In Lessee, subject. to the rlgh~ of Lessor u, nder. Ih. lal Agrep.m. ent. In the e,y,ent o! .default contesting Ihq .ma.terlal a?legatlone qf a .pqtlUor~ flied ~lgal~e..t.;Lessee In any suct
as set fodh in section 11.01 .,o.r. nonapproprlatlon as'se!:'.fo,d. hlq Section 5.05; Iltl.e tr, "prpceedlng;.0r '
Ihe Equipment ·shall Immediately vest In Lessor. and Lessee will, upon Lessors re- E:. A pe!ll!o.n .a~g a.l .n .s t, .Lepse.e !~,' .e proceeding under any existing or future bank.
quest. reasonably surrender possession of the Eq'ulpm~nl Io,Lesso'r'. L~;=see. Irre~oC- .!ruptcy,'lnsolvency0~' other 'simS. 'e;rjle..w.!shall be filed and hal withdrawn or dlsmlsse~
ably. hereby designales. makes, conslllulee and appoints Lessor (and all persons within thirty (30) days thereslier.
designsled by Lessor) ,aS.Lessee'8 true end,l.awlul atlorn.ey,(and egont-ln.-fact) with Saclion 11.02 .RamS, dies on. DelaulL In theevent thai the Lessee nonappropriate,,
power. at such time of default or nonapproprlatlori or times therealtar as Lessor In fu'nds as ~et f;2rlh' In 'Socll~ 5.05 the i'essee agrees Io voluntarily return Equipmen'
Its sole and ebsolule dlscreUon may delerm. lne, In Lessoe's or Lessors hemp. Io endorse to Lessor Immediately and qull claim Its Interests therein.' If the,Lessee falls or re.
the name of Lessee upon any~ CerlifJcate of TIIle.. BIll of Sale document Instrumenl fuses to voluntarily return the Equipment. Lessor cannel repossess Ihe Equlpmena
invo!ce. freight b!!l." bill 0f. ia~lng '~r similar ~Jocumenl rolall~o I;} 1ho",Equlpmonl In and cannot obtain specific performance of Lessee's covenant Io volunlarily returr
order Io vest title In Lessor and Iransfer.possesslon Io Lessor. . .. ..... r. · ' ' Ihe' Equipment; however. '~he Lessors sole .r~m. edy (other' than other righis ant
Section 6.02 Securlly. Intereel; LeSs. ee ·.does not grant a sec,u,.rlty Interest In the 'remedies, It may have at law against Lessee'e !egally available funds for compensa.
equipment to Lessor. tory damages) is to sue the Lessee for the unpa!d' balance.of the lease purchas~
· price, but Lessor can 9nly collect such unpaid balance from legally available !unds
!;of Lessee. In the event the Lessee defaults under any provisions of Ibis Agreemeal
. ARTICLE VII: MAINTENANCE; MODIFICATION; TAXES; INSURANCE.' ~ other than Section' 5.05, Ihen Lessor has'the right 'to seek specific performance el
Saclion 7.01 Malnlenance of Equipmeal by Lessee. Lessee agrees Ihat al all limes such olher provisions. to seek compensalory damages for breach,'and to seek other
during the Lease Term Lessee will. el Lessee's own cost and expense. mainlain. !'legal or equllable remedies. No delay or omission IOexerclse any right or power
· preserve and keep the Equlpmenl In good repair, working order and condition. accruing upon any default shall Impair any such right or power or shall be construed
.Saclion 7.02: Taxes, Olher Governmenial Charges and Utlllly Charges. In the oVonl to be a waiver thereof. ' , ; ~ . r.. , · . .,h '
. the use. possession or acquisition of Ihe Equipmeal 'is found Io be subloci Io taxa- Section 11.03 No Remedy Exclusive. No remedy hereIn conferred upon or reserved
lion In any form (except for Income taxes of Lessor) Lessee will pay during Iho . Io Lessor Is Intended Io be exclusive and every such remedy shall be cumulative
Lease Term. as Ihe same respectively come due. ell taxes and governmental charges ! and ~hall be In addilion to every other remedy given under Ibis Agreement or now
of any kind whatsoever thai may at any lime be lawfully assessed or levied against or;hereafter axisling at law or in equity.. No delay or omission to exercise any right
or with respecl to the Equipment. ,.': ~' -""' , "' ' ": .... :' ~' · ~ ' or power accruing upon any default shall Is. pair any such right or power or shall
.. Section 7.03 Insurance.. At its own expense Lessee shall cause. casualty. public . be canalrued to be a waiver thereof.
Ilablllty.an..d prop. grty..dam. age Insursqce to be carried and maintained, or shall -
demonstrate to the satisfaction el Le.ssor that adequate sell-insurance Is' provided ~:. ,, ..... ,i, .,, , I · · . . ;, .,,..' : ::
with respect'tO the Equipmen. t..sull!c, lenl Io protect the Full Insurablo .Value (meaning · ARTICLE ,XIh: MISCELLANEOUS. '
· Ihe fu!l replace.m, en.t value (new) of the:Equipment or the then appliCab!e Purchase Section 12.01 Notices., All notices or other communications hereunder shall be
Price. W. hlchev.er.ls gre.aler). and to protect Lessor from liability.in all events. LesSee sufficiently given sr.~ ~:,=~; b~i d~u.m,J ~;~;..'. --;~., ,;,.::~'~,.; ~,. ,..--;;~" Oy re '
coverage
· '; Term. Aliareally. ely. Lessee may insure Ihe Equipment under ,a blanket Insura~co Saclion 12.02 BInding EllecL This Agreement shall inure to Ihe benelil of and shall
policy or policies which cover not only the Equipment bill other properties. If Losses be binding upon Lessor and Lessee and their respective successors and assigns·
shall Insure similar properties by soll-in.surance. Lessee will Insure the Equipment Saclion 12.03 Severablllly. In Ihe event any provision of Ibis Agreemenl shall
by means of an adequate Insurance fund. 'All Insurance shall name LesSee and ,held Invalid or unonforcesble by any court of competent Jurisdiction. such holdlnf4
, Lessor as assurede and' loss payees as Ihelr respective Intereels may appear and shell nol Invalidate or render unenforceable any other provision hereof.
shall provide for at least ten (10) days prior written notice by Iho undorwrilor'or Section 12.04 Advances. In the event Lessee,laSts to pay any amounts due here-
,. Insurance company to the Lessor In the evenl el cancellallon or expiration. :~Jnder or to perform any of its obligations under this Agreement. Lessor may at its
· i , *~ !'. ,..r:,....h! :-,. ,,',.'.."' ': .; ..' , ' · ~. ', ' ~" " ' '~'' ~ '" option pay such amounts or perform such obligation. and Lessee shall reimburse
q~.~ '~r~,'~. ~ Lessor the amounl of such payment or cost of performance upon demand. logether
'lf'l~ny. of the Sel o~'.;~ wilh interest at the rate of eighteen percent (18%) per annum or the highest rate
'The equlpr~enl Is Covered '1~' the regula~;'prtnt'ed' war I
' 'LeSSee may e'nfc~;¢~ its fuil'rlg~ts'bndef. a~j:ch warranlyr4N44 ~,,, ' / , ,.. fly permitted by law. whichever Is less ......
Section 12.05 Execution In Counl~rpeds. This Agreement may be executed in
t...~._. _~;:;.:. 'th';' :'j-°L ;L~y-m"*"h ...... ~-- The Soller's 'warrahly provides 'mullipl~'counterparls. each of which shall'be In original and all of which shall
coast tute bul one and Ihe same Instrument. . .
or repreaenlatlo~t,' either e~prese or' Impllm~/oas Io value." design. condillon. Section 12.06 AppliCable Law. Thls Ag~'e~ment'~hall be'governed by and construed
'merchantability or fitness for particular p.urpo8 r use of Ihe 'equlpmanl. . In accordance wllh Ihe laws'~I the Slala In which Lessee 'Is laceled. '
·. ...' .... :~ '. ,-.:.. . ' . ,' I'T~] _~, · . .... : , . Section 12.07 Enilra Agreemenl. This Agreement constilutes the emirs agreement
bolwoen Lessor and Eelsee and .may nol be amended.'altered or modified except
,ARTtCLE IX: OPTION TO PURCHASE. Provided Lessee has paid all Interest owed 'by wrllten Instrumenl signed by I:essor and Lessee. Any terms and conditions el
pursuant to Section 5.02 and I el In delaull hereundor, Lessee may. upon giving '
Lessor not less Ih,an', . . . . any purchase order or olher' decument (with' the oxceF. tJon 'of Supplements) sub-
~ay8 prior wrtten notice eleci to Purchase all bul mIRed by Lessee In connection wllh Ihla Agreemeal which are In addllton to or
sol less than all. of Ihe Equipment on any annual anniversary of the Commencemeal Inconsistent with lhe terms and conditions el Ibis Agreemeal will not be binding on
Date for Ihe applicable Purchase Prtce as set forlh In Iho Payment Schedule Lessor and will not apply to Ibis Agreemeal. Lessee by the signature of
allached hereto, which amount shall be due and payable on Iho day IollowlnO Iho aulhQrized reprosenlatlve acknowledges thai It has read this Agreemeal.
annual anniversary of Ihe Commencement Date. undorslands It, and agrees to bs bound by its lares and conditions.
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T t~ T~le: . ... :' ,';;: ' .,,,
/' "':'-~ .. · .:,. ,-:" .
For Completion By Lessor
· Lease No. 3115-001
Lessor: Emergency One, Inc.
1415 West 22"d Street Suite 1100
Oak Brook, IL 60523
Lessee: Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Contact: Paul Wilson, Commander
Phone: (941) 695-4114
, QUANTITY EQUIPMENT DESCRIP. TION (Includ~ Make.. M~I~I. S~fi~l No. ~,~,1 Aaachrn~nt~)
I One (!) Emergency One American Eagle Pureper Fire Apparatus Mounted on a 1998 International Chassis
Lease Term Total Equipment Cost Rent Due (Period) No./Amount of Renlal Payments
Eight (8) Years $145,470.00 Monthly in arrears See payment schedule attached hueto and
made a part hereof (" Payment Schedule")
ACCEPTANCE CERT~ICATE
The undersigned, as Lessee under the Municipal Lease and Option Agreement (the "Agreement") referred to above,
acknowledges receipt in good condition of all of the Equipment above described as of the date set forth below (the
"Commencement Date") and certifies that Lessor has fully and satisfactorily performed all of its covenants and
obligations required under the Agreement. ·
Lessee hereby certifies that the description of the personal property set forth above constitutes an accurate
description of the "Equipment" and further certifies that the location of the Equipment is as stated above unless
otherwise indicated below.
Lessee unconditionally accepts the Equipment for all purposes of the Agreement as of the Commencement
Date and agrees that it will commence payments in accordance with Article V of the Agre~'nent.
A:~lmovetl ea to form & lege~ s ....... y Commencement Date
~ , ~ p~..~...,.. Bo~d of Co~ Co~ssioners
EST.:
r~ ~ ~E~ '/' j
~B~ ~:"
Attest
... .....
i 3 !999
QCOLLIER COUNTY
DAVID C. WEIGEL
COLLIER COUNTY ATTORNEY
3301 Tamiami Trail East Heidi F. Ashton
Naples, Florida 34112-4902 Ramira Ma~alich
Telephone: (941) 774-8400 Thomas C. Palmet
Michael W. Pe. it
FAX: (941) 774-0225 Marjorie M. Student
Emaih attorney@naples.net Melissa A. Vasquez
Rodney C. Wade
Robert N. Zachary
February 4, 1999
Emergency One, Inc.
c/o Federal Signal Leasing
115 W. 22nd St., Suite 1100
Oak Brook, IL 60523
Re: Municipal Lease and Option Agreement #M-3115 (the "Agreement")
Gentlemen:
As counsel for the Ochopee Fire Control District (Lessee), I have examined the above-
referenced original Agreement between Lessee and Emergency One, Inc. (Lessor), and the
proceedings taken by Lessee to authorize and execute the Agreement. Based upon such
examination of law and fact as I have deemed necessary or appropriate, I am of the opinion that:
1. Lessee is a public body, corporate and politic, duly organized, legally
existing under the laws of the State of Florida.
2. The Agreement has been duly authorized, executed and delivered by
Lessee pursuant to constitutional, statutory and/or home rule provision
which authorized this transaction in accordance with its terms and
conditions.
3. The Agreement is alegal, valid and binding obligation of Lessee,
enforceable in accordance with its terms. In the event the Lessor obtains
judgment against Lessee in money damages, as a result of an event of
default under the Agreement, Lessee will be obligated to pay such
judgment.
t 3 !999
Emergency One, Inc.
February 4, 1999
Page Two
4. No litigation is pending or, to the best of my knowledge, threatened in any
court or other tribunal, state or federal, in any way questioning or affecting
the validity of the resolution or the Agreement.
Sincerely,
Robert N. Zachary
Assistant County Attorney
KNZ/cc
cc: David C. Weigel, County Attorney
h:public/RobeN~ents/Emergency One
April 13, 1999
Item #16D13
SEVEN (7) STATE OF FLORIDA EMS MATCHING GRANT APPLICATIONS FOR
SUBMITTAL TO THE STATE BUREAU OF EMERGENCY MEDICAL SERVICES
Page 126
FLORIDA DEPARTMENT OF HEALTH
EMS MATCHING GRANT APPLICATION
M (BEMS ID. Code) Total Grant Amount $35,595
· Collier County Board of County Commissioners
1. BCC or EMS .Organization
Authorized Official · Pamela S. Mac'Kie
Title . Chairwoman
Mailing Address 3301 Tamlami Trl E
City :Naples
State :I~/.
Zip · 341124961 .. . County:_ Collier
Telephone :( 941 )774-8391 (SC):
Email Address :
2. Contact Person : Jorge Agullera
Title : Tranining Commander
Mailing Address · 3301 Tamlaml Trl E, Bldg H
City : Naples
State : FI.
Zil:r : 341124961
Telephone :( 941 ) 774-8459 (SC):
Email Address :
3. Legal Status of EMS Organization (Check onh/one response).
(1) rn Pdvate Not For-Profit (attach copy of IRS'm 501 (c)(3) letter or other legal documentation of this status)
(2) [] Private For-Profit (4) [] City/Municipality
(3) [] County (5) [] State
5 9 6 0 0 0 5 5 8
4. Federal Tax ID Number: VF __
i5. Medical Director
I hereby affirm my authorfry and responsibility for
the use of all medical equipment and continuing
education in this acb'vity.
Medical Director
RoberrS. Tober, MDFACEPME0030891 Date:
Printed Name and FL Medical Ucanse No. /
DH Form 1767, Effective Jan, g9, Revised Feb. gg
24
PROJECT DESCRIPTION AND JUSTI I ION~'PI~ ~ ~ ~199
F CAT
A 12 POINT FONT MUST BE USED. OR LEGIBLE HAND PRINTING
6. State Plan: Brier synopsis and relationship to state plan goal, if applicable.
N/A
7. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project,
Include: (1) all available numerical data, time frames for the data, data source; (2) number of
people directly impacted by the grant(s); (3) whether the project will serve single .municipality,
county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS
organizations.
NEED STATEMENT: (use only the space provided)
Collier County EMS Med~ight is tasked with primary response to Collier
County's 2308 square miles, as well as mutual aid to the five- (5) surrounding
counties (Lee, Hendry, Broward, Dade and Monroe). This area is largely
unpopulated and lacking in reliable weather radar and weather radar is not
~resent on board current helicopter.
~lumerous scattered thunderstorms are prevalent in this area and pilots are
required to make "go", "no go" decisions on limited weather information.
Whereas, especially at night, requests for emergency medical services might be
turned down or not completed that otherwise may have been safely completed
with on board weather radar.
According to Collier County EMS fligt records, there were thirty (30) calls for
service that could not be completed due to lack of weather reporting equipment
for calendar year 1998. This equipment will serve a multicounty area.
25
Outcome mee.,~rabSe: De;tee to ,~hlch .eed wi, be met or
provided)
~rhis project will more safely ensure patients are transported by air to hospital
}facilities when poor weather conditions may preclude the vital use of helicopter
transportation.
This project's effectiveness will be measured using pilot flight records.
9. Work activities and time frames: Indicate procedure for delivery of project. (use only the space
provided)
Bid and purchase helicopter weather radar - 4 months after grant begins.
Install and place into service - 6 months after grant begins.
26
10. BUDGET
......... CATEGOI~,II~S "' I APPLI~ANT STATE TOTAL
...... MATCH FUNDS
Expenditures $ $ $
TOTAL EXPENDITURES $ $ $
Equipment $ $ $
Helicopter Weather Radar t3, t99 35,595 52,794
TOTAL EQUIPMENT COSTS $ 13,199 $ 35,595 $ 52,794
$ 13,199 $ 35,595 $ 52,794
GRAND TOTAL
...... 25 P~rcent" 75 Pe~'rcen~ I TOTAL
27
Item
FLORIDA DEPARTMENT OF HEALTH
EMS MATCHING GRANT PROGRAM
,.R,.EQUEST for ADVANCE PAYMENT
(Governmental Agency and Not-for-Profit Entity Only)
In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereb~
requests an F_MS matching grant distribution (advance payment) for the improvement, expansion and
continuation of prehospital EMS.
Remit Payment To:
Name of EMS Organization: collier count. y P. MS
Address :3~ol m~..~ m=mi=_mi Tr=i!
City : Napl e StateL]..a, .ZIP,:/~4112 -
Authorized Official :..:na/ture~~
S~
Date
Pamela S. Mac ' kie, ChairW
Type Name and Title .. ,,o,~~ ......... ,
' . .,,' . . .~, '.:: I ~ ~,/. "",,,
Sign and return this page with your application to: ,,-" ,' .... ~-':'!'; :" , "'
Florida Department of Health '
!=: : ~<~'~ /. ,,,,-"n 2002 - D Old St. Augustine Road
Do not wdte below this line. For use by BEMS perso
Matching Grant Amount For State To Pay: $. Grant ID. Code:M
Approved By:
Signature &Title of BEMS Grant Officer Date
State Fiscal Year:
.Orqanization Code E.O. Obiect Code
64-25-60-00,-000 BU 7
Federal Tax ID: VF
DH Form 1767P, Effective Jan. 99, Revised Feb.99
28
ASSURANCES. ~PR t 9 t~cj
Item 12
PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash
flow and activity priorities, the grantee may not receive payment from the state for this activity until
several months after announcement of awards. The work activity time frames will be adjusted based on
the date payment is received, except the ending date of the grant will remain as specified in the Notice of
Grant Award letter.
STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between
the beginning and ending dates of the grant and will be used in strict accordance with the content of the
application and approved budget for this activity. No costs count towards satisfying a matching
requirement of a department grant if also used to satisfy a matching requirement of another state or
federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this
application shall be committed and used for the department's final approved activity dudng the grant
pedod.
ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the
"Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are
drawn or otherwise obtained from the grant payment system.
DISCLAIMER: The grantee certifies that the facts and information contained in this application and any
attached documents are true and correct. A violation of this requirement may result in revocation of the
grant, retum of all funds and interest to the Department and any other remedy provided by law.
NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be
advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to
challenge or protest pursuant to chapter 120, F.S.
MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion
or other effect brought about in whole or part by grant funds, will be maintained for five years after the
activity ends, unless specified otherwise i the approved application or unless the department agrees in
writing to allow a change. Any unautho ' ed change within the five years will necessitate the\return of
grant fun~N~U/~s,.~plus interest. /'"
~ E OF AUTHORIZED OFFI AL (Indlvlduelldentifiedln Item 1) DATE ' :!" ' ..'' . ~"', "'~ ~:.
~i' ,"' .' , . . '. ' .0. .I.} :.'
Pa h ·man ATTEST:,' .' :: ,.= 1 '.. ~:
Attorae3,
DH Form 1767A, Effective Jan.99, Revised Feb. 99
29
April 13, 1999
Item #16E1
BUDGET AMENDMENTS 99-212 AND 99-216
Item #16G1
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence as presented by the
Board of County Commissioners has been directed to the various
departments as indicated=
Page 127
BOARD OF COUNTY COMMISSIONERS APR I 3 1999
MISCELLANEOUS CORRESPONDENCE
APRIL 13, 1999
FOR BOARD ACTION:
1. MISCELLANEOUS ITEM8 TO FILE FOR RECORD WITH ACTION A8 DIRECTED:
2. 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. March 8-12, 1999
B. March 15 - 19, 1999
3. Districts:
A. Big Cypress Basin Board of the South Florida Water Management District -
Minutes of February 4, 1999 meeting
B. Fiddler's Creek Community Development District - Minutes of November 25,
1998 meeting; General Purpose Financial Statements September 30, 1998; Local
Government Annual Financial Report; Description of Outstanding Bonds; Audit
for 1998; Budget for 1998; Management Letter and Management Letter
Comments; and Minutes of January 27, 1999 meeting including Budget for 1999
C. Golden Oate Fire Control and Rescue District - Agenda of March 10, 1999;
Special District Fagilities Report; Audited Financial Report for Year Ending
1998; Financial Report for Year Ending 1998; Management Letter; Budget for
Year End 98 included in Financial Report and Description of Outstanding Bonds
D. Key Margo Community Development District - Minutes of January 14, 1999
meeting
E. Naples Heritage Community Development District - Oeneral Purpose Financial
Statements September 30, 1998; Local Oovemment Annual Financial Report;
Description of Outstanding Bonds; Audit for 1998 and Budget for 1998
F. Pelican Marsh Community Development District - Oeneral Purpose Financial
Statements September 30, 1998; Management Letter; Local Oovemment Annual
Financial Report; Description of Outstanding Bonds, Audit for 1998 and Budget
for 1998
Notic
O. Port of the Islands Community Improvement District - ' '
July 16, 1998 and March 19, 1999
4. Minut=s: APR 13 1999
A. Airport Authority - Minutes of February 8, 1999 meeting and agenda of March 8,
1999
B. Bayshore Avalon Beauti~cation Advisory Committee - Minutes of March 3, 1999
meeting and agenda of February 3, 1999
C. City/County Beach Renourishment Advisory Committee - Agenda of March 4,
1999
D. Collier County Planning Commission - Minutes of February 4, 1999 and February
18, 1999 meetings and agenda of March 18, 1999
E. Emergency Medical Services Advisory Council - Cancellation Notice for
February, 1999
F. Golden Gate Estates Land Trust Committee - Minutes of December 14, 1998
meeting
G. Hispanic Affairs Advisory Board - Minutes of January 21, 1999 meeting
H. Historical/Archaeological Preservation Board - Minutes of February 19, 1999
meeting and agenda of March 12, 1999
I. Immokalee Enterprise Zone Development Agency - Minutes of November 12,
1998 meeting
J. Lake Trafford Restoration Task Force - Minutes of February 12, 1999 meeting
and agenda of February 26, 1999
K. Lely Golf Estates Beautification Advisory Committee - Minutes of February 12,
1999 meeting and agenda of March 12, 1999
L. Library Advisory Board - Minutes of January 27, 1999 meeting
M. Pelican Bay MSTBU Advisory Committee - Minutes of February 3, 1999 and
February 19, 1999 meetings and agenda of March 3, 1999
APR 13 1999
pg,, ,,~
April 13, 1999
Item #16H1 - Moved to Item #11A1
Item #16H2
BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE LOCAL COORDINATING INIT
OF GOVERNMENT IN THE STATE OF FLORIDA'S DEPARTMENT OF COM/4%FNITY
AFFAIRS' ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM
Page 12 8
John C. Norris
Dis~ct 1
James D. Carler, Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
District 5
April 6, 1999
3301 East Tamiarni Trail · Naples, Florida 34112-4977
(941) 774-8097 · Fax (941) 774-3602
CERTIFICATION OF PARTICIPATION
APR 3 199
Mr. Clayton H. Wilder
Department of Community Affairs
Division of Housin9 and Cot~munity
Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Dear Mr. Wilder:
This is to inform you that the Board of County Commissioners
accepts the invitation to serve as the coordinatin9 unit of
~overnment in the Department of Community Affairs' Dru~ Control and
System Improvement Pro~ram (Edward Byrne).
For purposes of coordinatin~ the preparation
application(s) for 9rant funds with the Bureau of
Assistance, we have designated the followin~ person:
of our
Community
Name:
Joyc~ Houran
Title:
Grant Coordinator
Agency:
Collier County Sheriff's Office
Address: 3901 Tamiami Trail East
Building J - Finance Division
Naples. Florida 34112
Telephone: 941-793-9346
S~erely, , /~_
Attest as to Chafrea.'$
signature onl$.
Approved o~ to form & le. gal
Assistant County Attor~7
April 13, 1999
Item #1611
RESOLUTION 99-199, ESTABLISHING AN ALTERNATIVE PROCEDURE FOR THE
APPROVAL OF SUBDIVISION PLATS
Page 129
RESOLUTION 99- ! 9 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ESTABLISHING AND APPROVING AN
ALTERNATIVE PROCEDURE TO APPROVE SUBDIVISION PLATS ON
THE BOARD AGENDA~ BY DELEGATING TO THE PLANNING SERVICES
DIRECTOR OR HIS DESIGNEE THE AUTHORITY TO REDUCE THE
AMOUNT OF THE PERFORMANCE SECURITY FOR THE REQUIRED
IMPROVEMENTS, AND BY DELEGATING TO THE CHAIRMAN THE
AUTHORITY TO SIGN AGREEMENTS RELATING TO PERFORMANCE
SECURITY FOR SUBDIVISION IMPROVEMENTS.
WHEREAS, the Board of County Commissioners generally meets on the second and fourth
Tuesday of each month for its regular public meeting; and
WHEREAS, subdivision plats may be approved at meetings of the Board of Cotmty
Commissioners; and
WHEREAS, the development community and the Board of County Commissioners desire to
provide for a more expeditious processing of subdivision plats; and
WHEREAS, the Board of County Commissioners desires to approve subdivision plats
pursuant to Section 177.071, Florida Statutes; and
WHEREAS, as part of the approval process, the County and the developer enter into a
construction maintenance agreement with a bond or a letter of credit or escrowed funds to ensure
that certain required improvements are constructed within each subdivision; and
WHEREAS, standard forms for the construction maintenance agreements, the letter of credit
and bond are attached in the Appendices to the Land Development Code; and
WHEREAS, the Board of County Commissioners desires to administratively process the
construction maintenance agreement, the bond and letter of credit by delegating the authority to
reduce the amount of the required performance security and by delegating the authority to execute
agreements relating to performance security for subdivision improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Staff is directed to continue to process subdivision plats by placing them on the Board
agenda for approval by the Board of County Commissioners. The agenda item shall, at a minimum,
specify the estimated construction costs of the required improvements and the amount of the
/
performance security. If the performance security and agreement have been approved by staff and
APR 3 !99
the County Attorney's Office, then the performance security shall be included in the agenda item. If
the performance security has not
follows:
reduce the
been approved, then it shall be administratively approved as
The Planning Services Director or his designee is delegated the authority to
amount of the performance security required in construction maintenance
agreements after approval of the subdivision plat by the Board if a portion of the required
improvements are completed
infrastructure by the County.
and approved by County Staff after an inspection of the
The performance security shall equal 100% of the engineer's
estimate of costs to complete the remaining required improvements and 10% of the
engineer's original estimate of costs to complete all of the required improvements.
b. The chairman of the Board of County Commissioners is hereby delegated the
authority to sign construction maintenance agreements on behalf of the Board after the plat is
approved by the Board of County Commissioners and after approval by the Planning
Services Director, or his designee, and the County Attorney's Office.
3. No plats shall be recorded without execution of a construction maintenance
agreement and receipt of an acceptable performance guarantee. The fully executed construction
maintenance agreement shall be filed with the Clerk to the Board.
4. This Resolution shall take effect immediately upon adoption.
This Resolution adopted after motion, second and majority vote favoring same.
Dated:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID:~
h:hg/hfn/99Resolutions/Performance Security Agreements-Revised
April 13, 1999
Item #16J1
BUDGET AMENDMENT THAT WILL RECOGNIZE IN-KIND SERVICES OF $16,000 TO BE
PROVIDED BY THE FLORIDA DEPARTMENT OF CORRECTIONS
Item #16J2 - Deleted
Item #16J3
BUDGET AMENDMENT THAT WILL INCREASE THE MANGROVE CLEARING PROJECT
BUDGET BY $36,667.00
Item #17A
RESOLUTION 99-200, RE PETITION CU-99-1, BLAIR FOLEY, OF COASTAL
ENGINEERING CONSULTANTS, INC., REPRESENTING ALEXANDER SALEM,
REQUESTING CONDITIONAL USE "7" OF THE AGRICULTURE ZONING DISTRICT TO
ALLOW A CHURCH AND RELATED FACILITIES FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF IM/~OKALEE ROAD (C.R. 846) AND RIVERS ROAD
Page 130
RESOI.UTION 99-__ 2__0 0
A RF. SOI.U'I'ION PROVIDING FOR THE ESTABLISltMEN'r OF A
('IIUP, C'II AND REI.ATED FACILITIES CONDITIONAl, USE "7"
IN TIIF. AGP, I(~UI.TIIRE ZONING DISTRICT PURSUANT TO
SIiC'I'ION 2.2.2.3. OF TIlE COI.LIER COUNTY t. ANI)
I)IiVIiI.OPMIiN'F CODE FOR PROPERTY LOCATED IN SECTION
30, TOWNSIIIP 48 SOUTII, RANGE 27 EAST, ('OI.I.IER
('OI}NTY, FI.ORIDA.
WI IEREAS, the l.cgislalure of thc Stale of Florida in Chapter 67-1246, Laws of i:lorida, and Chapter
125, Florida Statutes, has conferred on ('oilier County the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of Ibc public; and
WIIEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zomng of
particular geographic divisions of the ('otmty, among which is lhe granting of Conditional Uses; and
WIIEREAS, the Collier County Planning Commission, being the duly appointed and consmuted
planning board for the area hereby affected, has held a public hearing after notice as tn said regulations made
and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.2.3. in an Agriculture
Zone fi~r a church and related facilities on lhe property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and m accordance with Subsection 2.7.4.4 of the l.and Development Code for the
Collier County Planning C'ommtssmn; and
WIIF. REAS. all interested parucs have been given opportumty to be heard by this Board tn a pubhc
meeting assembled anti the Board having considered all matters presented.
NOW, TtlF. REFORE lie rr RESOI.VED, BY TIlE BOARD OF ZONING APPEAI.S of Collier
County, Florida that:
The petmon filed by Mr. Blair Foley of Coastal engineering consultants, Inc. representing Alexander
Salem with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same ts hereby approved for Conditional Use "7" of Section 2.2.2.3. of the Agriculture Zoning
District for a church and related facilities in accordance with the Conceptual Master Plan (Exhibit "C") and
subject to the following conditions:
a. An appropriate portion of native vegetation shall be retained on s~te as required in
section 3.9.5.5.4. of the Land Development Code (LDC).
b. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the
site. with emphasis on areas of retained native vegetation, shall be submitted to Current
Planning Environmental Stall' for review and approval prior to final site
plan/construction plan approval.
do
APR '1 31999
At time of SDP submittal the site plan shall show sidewalks extending fi.om
handicapped spaces to the building entrance.
The Developer shall provide arterial level street lighting at the entrance to Rivers Road
at Immokalee Road at the time of issuance of the first certificate of occupancy at
established project entrances.
The Developer shall provide an eastbound right mm lane and a westbound let~ mm
lane on Immokalee Road at Rivers Road prior to the time of issuance of the first
certificate of occupancy. This work shall also include all necessary signing and
marking as required for the mm lanes together with pavement markings and a stop sign
on Rivers Road at Immokalee Road.
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 /r,.~ day of ~ ,1999.
ATTEST:
DWIGHT E.:BRocK, (~lerk
Apl~r~/ved a-s tb'FO~r~n~and':
Lega,!.Sufficiency:
Maqi,r M. StUdenl
Assistant County Attorney
f/CU-99-1 RESOLUTION
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: i~~
]/AMELA S. MAC'KIE, C~I~WO~AN
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-1
The following facts are found:
Section 2.2.2.3.7, of the Land Development Code
authorized the conditional use.
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:
Consistency with the Land Development Code and Growth
Management Plan: ~
Yes No
Bo
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 ingz~s & egress
Yes ~ ~ No
Affects neighboring properties in relation to noise,
re, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulationsm (co~y attached) (should not) be recommended for
approva 1 ~ ~ ~D~'
EXHIBIT "A"
f/FINDING 0F FACT CHAIRMAN/
APR 3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-1
The following facts are found:
Section 2.2.2.3.7. of the Land Development Code authorized
the conditional use.
o
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:
S o
Consistency with the Land Development Code and
Growth Management
Yes .' No
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 & e~ress
Yes %/ No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~- No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w/~thin district
Yes ~/No
Based on the above findings,
stipulations, (copy attached)
approval .
this conditional use should, with
not) be recommended for
M~MB~R~~~~I~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-1
The following facts are found:
Section 2.2.2.3.7. of the Land Development Code authorized
the conditional use.
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:
ae
Consistency with the Land Development Code and
Growth Management ~.~I1:
Yes No
Be
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 & e~ress
Yes ~ No
Affects neighboring properties in relation to noise,
glare,/economic or odor effects:
,/No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes /No
Based on the above findings, thi_.~_~q~ditional use should, with
stipulations, (copy attached) ~rro~) be recommended for
approval
f/FINDINQ OF FACT MBMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-1
The following facts are found:
1. Section 2.2.2.3.7. 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 PlumY:
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 t/ No
C. Affects neighboring properties in relation to noise,
glare economic or odor effects:
~No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~c~- ~ ..~' r
f/FINDING OF FACT MEMBER/
FINDING eF FACT
BY
CeLLIER C%UNTY PLANNING CeMMISSIeN
F%R
A CeNDITIONAL USE PETITI%N
FSR
Petition No. CU-99-1
The following facts are found:
1. Section 2.2.2.3.7. 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 thp~anand Development Code and
Growth Management :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 & e
Yes
. Affe ts neighboring properties in relation to noise,
gla e, economic or odor effects:
o affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distr ct:
Compatible us~t~n district
Yes
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (~ be reco ended for
approval . . E.=~ be~
DATE: ~/[/q ~ MEMB
f/FINDING OF FACT MIMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-1
The following facts are found:
1. Section 2.2.2.3.7. 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:
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 & e~gr~s°
Yes
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
L~No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible
us in district
Yes
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DAT .:
~/FI~[NG OF FACT
=#
LEGAL DESCRIPTION
ACCORDING TO OFFICIAL RECORD BOOK 1225, PAGE 1767
(FURNISHED BY CLIENT)
THE WEST 100' FEET OF THE EAST ONE HALF OF THE NORTH EAST
QUARTER OF THE NORTH EAST QUARTER OF THE NORTH WEST QUARTER.
LESS THE NORTH 100' FEET RIGHT OF WAY. SECTION 30. TOWNSHIP
48 SOUTH RANGE 27 EAST, COLLIER COUNTY. FLORIDA.
And
PROPE:RTY DESCRIPTION: (REF: OFFICIAL RECORDS BOOK 421, PAGES
436-437)
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET AND LESS THE
NORTH 100 FEET AND LESS THE EAST 10 FEET THEREOF.
EXHIBIT "B"
EXHIBIT "C"
April 13, 1999
Item #17B
RESOLUTION 99-201, RE PETITION V-99-2, STANLEY V. RICHARDS
REPRESENTING WILLIAM AND TARA SPARACIO REQUESTING A 1.44 FOOT AFTER-
THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD TO 28.56 FEET
FOR A SINGLE FAMILY RESIDENCE UNDER CONSTRUCTION LOCATED ON 17~
STREET S.W. GOLDEN GATE ESTATES
Page 13 1
RESOLUTION NO. 99- 201
RELATING TO PETITION NUMBER V-99-2,
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
{Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 1.44-foot variance from the required side
yard setback of 30 feet to 28.56 feet as shown on the attached plot plan, Exhibit "A', in an
"Estates" Zone for the property hereinafier described, and has found as a matter of fact that
Satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations
of said Land Development Code fqr the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given oppommity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-2 filed by Stanley V. Richards of Apple Construction, Inc.,
representing William & Tara Sparacio, with respect to the property hereinafter described as:
The south 180 feet of Tract 106, Golden Gate Estates, Unit No. 194 as
recorded in Plat Book 7, page 101 of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 1.44-foot variance fxom the required side yard
setback of 30 feet to 28.56 feet as shown on the attached plot plan, Exhibit 'A", of the Estates
Zoning District wherein said property is located, subject to the following conditions:
This variance shall only apply to the structures identified on the attached
plot plan (Exhibit "A").
-1-
API~ I 3 ~g~
BE IT RESOLVED that this Resolution relating to Petition Number V-99-2 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /,3' day of ,,~4,, '~_ ,1999.
ATTEST: BOARD OF ZONING APPEALS
MarJoi~li M. Student/ ' '
Assistant County Attorney
g/V-99-2 RESOLUTION
-2-
~.. LEGEND
TRACT 81 tie I 7
~m.~,.,m,u~B, N 00'19'10" E 180.00'
NOT 10 ~ 0.4' · 30' EA,~EMENT titan 150' (P)
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PClNT01rTN4GANT 1HE~ SOU1H 160 FEET OF ~14E N~RIH 150 FEET OF
EST~ .1ES, tT NO. 194 ESTATES, UNIT NO. 194
TRACT 105 t_.____
FOR
....
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C)
I d '
28.62'
28.56'
92.2'
,
,,.. ~O(4~AW¢J
Ld bJ
,
.' ~ DE TAIL " '~,'
~..: SCALE: ~'-~0' : ~,
~'1 "'g'
t~i i~4e¢ ~ 30' ROAD EASEMENT 1~ tSO' (P)
'¢:~ .......... __J
~l ~ N 00'19'10' E 1'80.00' .~- ~oo'
':' ~m .~,~,:~.~,~ 17TH. STREET S.W., 60' ROAD EASEMENT
' ' F~ECEUVED
STA'TE OF FL(:MDA)
COUNTY OF COUJER)
I Dennis M. Portella, St., aRe latered Land Surve Inthe State of Florida, hereby cerUfy to Crossland Mortgage FEB 1 I~ 1999
~; Its auccese~H, o~d assigns, Cdl~;:. Title Camp y, ~pple Consbuctlo,1 and to Wdllon, end. Tore Sporedo
~.~.. that' the foregoing' Ftot-reFreeerttl a' survey the hMtowkt9· descrroed premlser. ' '
1HE SOUTH 180.00 FEET OF 1RACT 106, GOLDEN GAI~ ESTATES, UNIT NO. 194, as recorded In Plat Book 7, page 101
! ei the Pubtic Re,:z~'ds of Collies County, .Irterlde, Ti)at a my of the ~bove described property was made under my
? dlrecUon and meets the Mlrdmum Technical Standards as per Chapter 61G17-6 Fleddo AdmlolstraUve Code. pursuant to ~ ~'
Section 472.027, Flodd~ Statutes. There ore no visible enoroochmeota other than I~lawn, no easemerits or claims of -
ecaemente of which we hove knowledge. No' title leerch hoe beef1 made by the eurveyoro No attempt has been made to
locate footere beneath the surface.
i l Street Address Is 99t t?Th, Street, S.W, Naples, FI,
Bearings conform to Plat Book 7, page 101 HOTF.5 k ItEVl,SIOI~S It BOUNDAI~Y SURtT~' PJ~3P, tP, WD
k'tav~tlone are ASW,,JMLrl).
: Preparty Is In Flied Zone 'O" F8 10el/41 1110/21 t5633.DW0 BtJ-?4 D-I (].-91 APPLE CONSTRUCllON
::'· "'0-'" '-"--'--,,_._,o..o...
"' ' ' ' 2384 UNWOOD AVE. NAR.ES, FL 3411
" SCALE I",- 60' DATE: AUGUST 12, 1996
';~ Nat valid unless slgned and Baled (941) 775-6511
" W . ,
Ith embaased seal
EXHIBIT "A
April 13, 1999
Item #17C
ORDINANCE 99-25, RE PETITION PUD-98-19, ROBERT L. DUANE, AICP, OF
HOLE, MONTES & ASSOCIATES, INC., REPRESENTING BOYNE SOUTH U.S.A.,
REQUESTING A REZONE FROM RSF-3, GC, C-3 AND "A" TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS BOYNE SOUTH FOR A MAXIMUM OF 154 SINGLE
FAMILY AND MULTI-FAMILY DWELLING UNITS, A 64 UNIT MOTEL, A GOLF
COURSE, CLUB HOUSE AND DRIVING RANGE FOR PROPERTY LOCATED ON THE SOUTH
SIDE OF U.S. 41 EAST, APPROXIMATELY 5 MILES EAST OF C.R. 951,
CONTAINING 242.35+/- ACRES
Item #17D - Continued to April 27, 1999
PETITION PUD-98-21, DAVID H. FARMER, E.I., OF COASTAL ENGINEERING
CONSULTANTS, INC., REPRESENTING THE CLUB ESTATES, L.C., REQUESTING A
REZONE FROM PUD TO PUD PLANNED UNIT DEVELOPMENT IN ORDER TO MERGE THE
CLUB ESTATES PUD (ORDINANCE NO. 97-69) AND 99+ ACRES OF THE CASA DEL
SOL PUD (ORDINANCE NO. 89-70) INTO A NEW PLAN~ED UNIT DEVELOPMENT
REFERRED TO AS THE CLUB ESTATES PUD WHICH WILL CONSIST OF 51
RESIDENTIAL UNITS AND A COMMON TENNIS RECREATION AREA FOR PROPERTY
LOCATED ON THE WEST SIDE OF C.R. 951 APPROXIMATELY ONE MILE NORTH OF
RATTLESNAKE HAMMOCK ROAD IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 254.7 ACRES
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2535 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
t'I iLA S. MAC
ATTESTs
DWIGHT E. BRO.CK~CLERK
/Theselminutes approved by the Board on ~~/~/~22 , as
, ,,:,:- ~ / - _
,, ,,-"-
presented or as ~orre~ted .
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
Page 132