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Backup Documents 06/08/1999 R Affidavit REFERENCE: (.K}1230 tt912 F33 57P4~89t]9 POT]CE OF Pugi I£ Stmte of florida County of Collier Before the undersigned ~uthor ity, pe~.~c,nalty ~lppeared B. Lamb, ~'ho on onth s~ys that ~he serves es ti~e ASsistant CorFu, rate Secretary ~f the ~aily Ne~s, a d~[y newspaper pub[ i~hed at HAples, in Collier County, Florida: that the ~tt~ched copy of edvert i~ing ~ pubC~shed in s~id newspaper on dates Listed. Affiant further se)'s thmt the s,~id Naples Daily News is · newspaper published at Naples, in said Collier County, Florida, ~nd that the new,proper hms heretofore been continuously published ~n ssid CfJL~Jer County, florida, day and h~s been entered ~s ~econd class ~tter ~t the ~ast off,ce in Nspl~s, in Collier County, Florida, tot a p~r~od oF 1 n~xt preening th~ first publication o~ the att~ch~ copy of ~dverti~ement; and further smys that she T,~s neither r.~d nor pro~ any per,on, film or coporstion a,~y d~scount, rebate, commission or refu~d for the ~r~e of ~ecuring this advertisement ~nr ~bLication in the said neu~pap~r. PUBLISHED ON: 06/(}6 AD SPACE: FILED ON: Signature of Affiant PUBLIC AAEET1NG BOARD OF COLJNT¥ COMMISSIONER~ COt. LIF_R COUNT , FLORIDA June ~ ~g~ N~ Ce Is he~ eby ~;ven m n 5trotlo~ Building ~ ( C~ies of ~e ~e~ JJ mo~ ovall~Je to me i, p~ess on~ may Oe ~)-)~ rl~ of time. ~{eret~e may r~eO to testimony ~ evince BOARD OF COUNTY COM~AISS~ONER S COLl. l~f CouNTY, FLORIDA CHAIRWO~.~AN gWIGMT E. BROCK, CLEF~K COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, June 8, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ~ 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". ~ 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 TESTIMON~ ~{D 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 AVAILABLE IN THE COUNTY COmmISSIONERS' OFFICE. ARE COFLMISSIONER ¥~C'KIE ABSENT~ AS REFLECTED BY 4/0 VOTES LUNCH RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.M. INVOCATION Father Tim Navin, St. Peter the Apostle Catholic Church 2. PLEDGE OF ALLEGIANCE APFROVAL OF AGENDAS Approved and/or Adopted with changes 4/0 APPROVAL Of' CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as presented - 4/0 A. May 11, 1999 Regular meeting B. Ma}, 13 , 1999 Workshop C. May 18, 1999 Special meeti~:g D. May 20, 1999 Workshop 5. PROCLA/4ATIONS AND SERVICE AWARDS A. PROCLAMATIONS Proclamation ex[ending congratulations t'o Jan Bennett on being named "Leader o~ the Year" the Stat. e of Florida. To be accepted by Ms. Jan Bennett: Family and Consume]: Sciences Agent, Collier County Department of university Extension Services. Adopted 4/0 Added Proclamation proclaiming June 8, 1999 as Naples Girls Basketball Foundation Team [}al'. '['o be accepted bi' Coach Pierre Eaton Adopted 4/0 Proclamation proclaiming ~.he week of June 1999 as National Homeownership Week. i'o be accepted by Ms. John Gust, Chairman and Mr. Same Goodman, Vice Chairman, Collier County Affordable Housing Commission Adopted. 4/0 SERVICE AWARDS Presented !) 3) 4) Mar}' Ki!burn, Bldg. Review & Permitting 20 Years Dale Stogel, Road & Bridge 15 Years Sharon Newman, P~,4ED 15 Years Emmanuel Augustin, Road & Bridge 10 Years Jeff Walker, Risk Managemen% 10 Years Martin Herrera, Road & Bridge 5 Yea:;s 7) Ramiro Arcia, Pelican Bay - 5 Years PRESENTATIONS Recognized Recommendation to recognize William Wilkins iii, Library Assistant I/Driver as Employee of the Month for June 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS Added A. Mr. Kevin Ross request to rescind Fireworks Ban. {Commissioner Constantine) To come back on June 22, 1999 COUNTY ADMINISTRATOR'S REPORT A. COMIC. UNITY DEVELOPMENT & E}~IRONMENTAL SERVICES Discussion of an extension of the additional lev}, of Tourist Development Tax due to expire December 31, 1999. Continued to 6/22/99 THIS ITEM WAS CONTINUED FROM THE .M3{Y 25, 1999 MEETING. Accept the 1999 Standard Tour].sm Agreement beEween Collier County and the Conservancy ti[ SW Florida, inc. Denied 4/0 Accep5 the 1999 Interlocal Tourism Agreement between Collier County and the City of Naples. Approved 4/0 Request that the Board of County Commissioners amend [_heir response ~o ~.he Department of Community Affairs (DCA} regarding the urban area density reductions. Continued to June 17, 1999 Budget Meeting 4/0 Moved from Item #!6A8 5) Recommenda?.ion to approve Commercial Excavation Permit No. 59.690, "Hendershot Pi[_ Commercial E×cavation and Homesite" located in Section 18, Township 48 South, Range 28 East; Bounded on %he north, east, south, and west by vacant !and zoned EstaEes aud also on the east by Everglades Boulevard. Motion to Approve Failed 2/2 tCommissioners Berry and Carter opposed). Motion to continue to 6/22/99 failed 2/2 (Commissioners Norris and Constantine opposed) Moved from Item #16A12 6t Reccmmenctaticn t.o approve Excavation Pea'mit No. 59.696 J a D G~'ading nnd Hauliug located in Sec~:ion ~0, Township 48 Scut'i~. 28 East; Bounded on the north by vacant ~he ea~;t b}' vacant lot, on the sou[h by ~,.~ Avenue NE P/W and cn the west by caua[ P./W. No action Moved from Item #i6A13 Recommendat ion ~3 approve commercial E:<cava[. Permit No. 59.687. "Whi. ppoorw]l] Woocis Laud Trust Commercial Excavation and Homesite" locaT, ed i~ Sec%{on 22, Township ,iS South, Range 28 East,. Bounded on the nor[ih, east, south west by vacant land zoned Estates and also the east by DeSoto Boulevard and en the by CR 858 and the Winchester Lake Fill Pit. No action Moved from Item #!6A14 Authorization of a i00% waiver oil impact fees for one hcq~se Lo be bui].[: by Michael R. McCarty . , -' h S , att .~5,15 ~: [l>}:et NE in Coi].ier Country Res. 99-262 Adopted 4/0 B. PUBLIC WORKS C. PUBLIC SERVICES Approval of! the conceptual desig:: for a park Drive. ~taf~ recommendation approved 4/0 SUPPORT SERVICES Moved from Item #16D1 1) Approval of the Col.].[~r County G~:oup Be:~e[~t Plan Health insurance Plan Document Approved w/condition changing the time for submitting claims from 90 days to 6 months 4/0 E. CO~/NTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT BOARD OF COUNTY CO~4ISSIONERS Duainage Advisor?' Committee. Res. 99-263 re-appointing William Seabury; and sppointing Robert Jones and Andrew Reiss Adopted 4/O Appoi. ntmer~t of member to the Golden Gate Communit:.' Center Advisory Committee. Res. 99-264 appointing Vicki A. Clavelo - Adopted 4/O Added C. Gate Commu;'~itv Center Expansion. Approved 4/0 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1. Nancy Payton Re EAC 2. Jim Kuisic Re the closeuro of Kings Way in Foxfire 3. Patrick Fillmann Re the closeure o~ Kings Way in Foxfire 4. Elizabeth Surowitch Re the closeure of Kings Way i n Foxfire PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS Moved from Item #17B ]tl:R' ~, iOu'} !) PUD-99-03, Robert L. Duane, AICP, oil t{ole Montes & Associates, Inc., repre~;enting Naples Reserve Golf Club, Inc., requesting a rezone firom "A" Rural Agricu!tu~'e to "PUD" Piant~ed Unit Development ~o be known as Naples Reserve Golf Club for a maximum of 552 residential dwelling ttIlits and ~wo i8 hole golf courses f. or property located one mile north of U. S. 41 a~x] two miles east of C. R. 951, in Section 1, Township 5! South, Range 26 East, Coil ~ev Count. y, Florida, consisking of 628+ acres. Ord. 99-42 Adopted {/0 Moved from Item ~i7D 2) PeLi~f ion PUD-98- !i (I} , RY. Robert. D',:anc, AiCF. of Hole, Montes and Associates, Inc., representing Steve Houston, requesting a rezone from a previously approved "PUD" namely the Tamiami Professional Center PUD to a new having Ehe effect of increasing the heigilt within Tract Iii [rom tlh~rt',,-[{,,'e feet to forth (40) feet for property lc>caked the east side of Tamiami Trail North (US-41} and the south 200 feet of Section i5, Township 48 South, Range 25 East, Collier Ceun:y, Fl orida . Continued to June 22, 1999 4/0 Moved from Item ~17C 3) PUD-99--05 Alan m. Reyno].ds, A~[ of Miiie,".., Ba,'tcP. . L Peek, Inc. , remr(:,senti:~g.,. . . ho:~c: Bay Partners, BEC, requesting a rezone from "A" eura~. .-_ ~-.ag'~ cultural wi~h_ "ST" overiay's and "PiJD' Planned Unit Development (Dynabe] PUD Livingston Road Ceunt::y Club PUD) to "PUD" bo known as Medi~erra PUD for a maximum of 75C single amd multi-family dwelling N:lits, course and a village center ef 60, 900 sguare feet containing golf course ~;e!a':e.i land uses, ~ubl''lc adminis:lraLion facilities !~nd ,q gene:al store [or proPerkv :ocated '~'t ,,,f 1-. Liv~ngsLon Road eask/wesn corridor in Sect. io::s ~! and 12, Township 48 SouLh, Range 25 BasL, consisting of 943 ~ acres. Ord. 99-41 Adopted 4/0 Moved from Item #17E .t) Adopt the amendment to the Co.llie~ County Community Automated External DefJb~-i] la[or Ord. 99-,t3 Adopted 4,/0 C. OTHER ?ubiic Hearing to consider Adoption o[ an Ordinance Amending County Ordinauce Ne. 97-.t~, specifying rates charged to customers of the Marco Water and Sewer District; to increase ~hc. se rates to "pass-through' rates ~:~creased by Florida Water Services Corporation and wh'[ch increased rates m~st bo paid by also approve amendments to the District's budget w!nich are pt'ojected t:,:> pass.through rate increases. Ord. 99-44 - Adopted 4/0 Amendment to Ordinance 90-i05, thc Collier County Contractors' Licensing Board by addin~ statutorily mandated charlge,q and discretionary changes recommeuded by Ord. 99-45 Adopted 4/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS C,",uxty Attor::ev to sign for continuauc( ~:e Lely !.a',..'sui[ ho be held in November 15. BOARD OF COUNTY COMMISSIONERS' COM2~.UNICATIONS S~.aff to look into building two lane ro.{d from Radio road to Davis, Blvd. On FPL easement B. Discussion Cenf!ic,~.s on Advisory Boards 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 __~wi~k_~ r~moYed from ~he..Consen~ A~L~a~_~______ considered separately. Approved and/or Adopted with changes Mac'Kie absent) 4/0 (Commissioner A. COFEMUNITY DEVELOPMENT & ENIrlRO~ENTAL SERVICES 7 Request to approve flor recording the final plat of "Chesser Subdivision" Request to grant final acceptance of Lhe roadway, drainage, water and seweu [mpro\'ements for the final plat of "Isle of Ve.~:de at Pelican Bay" Res. 99-253A Request [.o grant final acceptance of the roadway, drainage, water aP.d sewer improvements for the final plat of "Pointe Verde at Pelican Bay" Res. 99-254 AccepL an ingress, egress and utiiit'¥ easemen~ from Bonness, Inc. To record Kathleen Court Plat Resolution authorizing the County Administrator, or the Division Administrator of Community Development and Environmental Services as the County's desJ. gnees ~o sign ali documentation necessary for the administration of all current CDBG grant appiica~{ ~' awards. Res. 99-255 6} Approve an agreement for sale and purchase to provide for future expansion of the Community Development Services Building. Staff to proceed to acquire the subject site and follow all appropriate closing procedures 7) Approve a Budget Amendment for the implementation of the Development Review and Growth Management Modules of the CD-Plus Application and purchase of four upgraded ccmputer ~owers. PC Tower is $1,183.00 per each station for a total of $4,732.00 Moved to Item #8A5 8) Recommendation to approve Commercial Excavation Permit No. 59.690, "Hendershot Pit Commercial Excavation and Homesite" located in Section 18, Township 48 South, Range 28 East.: Bounded on the north, eas5, south, and west by vacant land zoned Estates and also on the east by Everglades Boulevard. 9) Authorization to draft amendments to add a new body of water known as Hell's Gate as an idle speed zone to the Water Safety and Vessel Control Ordinance and to advertise the amending Ordinance. Natural Resources Department to publish "Notice" in a newspaper of general circulation in Collier County cf a scheduled public hearing on the proposed ordinance. Continued to June 22, 1999 10) Recommendation to approve Commercial Excavation Permit No. 59.691. "Forest Park (Heron Lakes," locale{.] in Sect[o~ 33, Township .%9 South, Range 26 Eas[: bounded on the north b'f the Golden Gate Canal {Golden Gate City), on the south by 1-75, on hhe eas~ by land zoned alricu!hure ar.d on U. he wes~ b}' Golden Ga~e Communihy Park and Berkshire Lakes PUD. Resolution ~o update the non-adopted uortion and support document of the Transportation Element of tile Growth Management Plan. Res. 99-256 Moved to Item #8A6 12) Recommendation to app::ove Excavation Permit 59.696 J & D Gzading and Hauling Excavation located in Section 30, Township 48 Sounh, Range 28 East; Bounded on the north by vacant lot, on ~he east by vacant lot, on the south b'/ Avenue NE R W and on ~he {est by canal R/W. Moved to Item ~8A7 Recommendation to approve commerczal Excavation Permit No. 59.687, "Whippoorwill Woods Land Trust Commercial Excavation and Homesite" located in Section 22, Township 4~ South, Range 28 East; Bounded on the north, east, south and west by vacan~ !and zoned Estates and also on the east by DeSo~_o Boulevard and on the north bi' CR 958 and ~he Winchester Lake Fii 1 Pin. Moved to Item #8A8 i-t) Authorization of a 100% waiver of impact fees for one ho'dse ~.o be bull[ bi' Mici%ael R. McCarty at 4545 1.6'~h S%reet, NE in Collier Cou. nsy "5) Request to approve for recording the final plat of "Eden on the Bay" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount cf the ~) .1nm.. ,%. 1~)~>~) S 0 performar]ce security. With construction and maintenance agreement, performance bond and stipulations PUBLIC WORKS ~ e .~ e c d ,_ .... Aporove and ..... Work Order No. TE-aS-TO-02 w[tth Tindale-Oliver and Associates to per£oYm Corridor Trafffic Studies and provide Signal Plans fou Golden Gate Boulevard Four Lane ~mprovemont f:uom C.R. 951 to Wilson Boulevard, Collier CounL~' F~roject No. 63041, CiE No. 62. In the amount of $85,476.00 Approval o£ Purchase Order to the Cit~/ of Porz St. Lucie. in [.he amoun~ of $28,000 for purchase o~ a Wallace and Tiernan Lime Siaker. Recommendazion to award RFP ff99-2909 for Annual Contract for Telemetry Services. To Consolidated Power Systems, Golf Cormmunications and Data Flow Systems in the amount of $425,000.00! to be selected by departments as needed. Approve Wouk Order :~TS-BL-9908 fo: 8ortner Land Design, inc. for Bayshore Beautifica~:ion MSIU f,andscaping. In the amount of $72,270.00 ADprove final ranking of Consulha~:ts fo:- Engineering Services related to Aquifer Storage and Recovery of Reclaimed Water, Con[.ract 99- 2926, Projec5 74030. Staff to negotiate a professional services agreement with Water Resource Solutions Approve [he Professional Services Agreement wi[h Agno!i, Barber and Brundage. Inc. for the des~_cn ,,~ .... L~v~nz%~.on~ ~ Road from G.,~den~ Gate Parkwal' to Pine Ridge Road (Projec% No. 60071, CiE No. 52} and Livingston Road from Piue Ridge Road to Vanderbi!t Beach Road (Project No. 62071, CIE No. 58) . In the amount of $979,990.00 Approve Amendment %o Professional Services Agreement rela~ed to the North County Water Reclamation Facility Expansion, Con[ract 96- 2474, Project 73031 . For redesign and bidding serv.[ces related to a change to the proposed disinfection facilities in the amount of $78,360.00 Report ko the Board on the results of the Annual. County-Wide Traffic Signal Warrant Study and Intersection Improvement Program. 9~ Execute a Real Estate Sales Agreement fo:: Lot & !,~ of 9, located within Blue Heron Lake Park. an unrecorded pla~. Reques~ Board approval to waive land[[il tipping fees for illegal dumpin9 cleauup on Hiller BoulevaYd E:<tensicn. Approve purchase agreemen~ on a parcel of land located in Section 3, Yownship 50 Sok~tlh, Range 26 East, to be utilized for road right-of-way in the construction of the four-laning ef Radio Road from SanTa Barbara Boulevard to Davi. s Boulevard. PUBLIC SERVICES Approval cf amendment Zo Resolution Nc. 99-230 cr,';ating a Collier Co'.'nt:y Community Heak~h Ca~-e 'forum i [. t e e. Res. 99-257 Authcr[ze :,u addi[ional $225 in [und[ng Count. i,' e,mplovee picnic. Award the {irev:crks display £of 4':' of July, i999. Approve RFP #99-2923 for Fireworks Exhibition of 4~n of July 1999 at Sudgen Regional Park to Zam~e!li Fireworks Internationale in the amount of $24,999.00 AuLhorization for the Chairwoman to execute the resolution, first loan agreement and first promissory note associated witi: tine Nations Bank line of credi~ for' t:he financing of North Naples Regional Park puc)pert)'. Res. 99-258 Authorize staff to negotiate an agreement between Collier County, Naples Communi%y Hospital and the Cleveland Clinic to fund prenatal, OB/GYN clinic services from July through December 3i, 1999. D. SUPPORT SERVICES Moved to Item #SD1 ]) Approval of the Collier Count}' Group Benefit Plan Health Insurance Plan Document 2) Approval of a Budget Amendment to Fund 517, Group Health and Life Insurance In the amount of $1,100,000.00 Approval o£ Amendment No. l for Arch[tecLural Services for the Design of the Sheri£f's Administration Facility, RFP ~98-2867 To the V Group of Florida, Inc. in the amount of $494,500.00 Approve Lease for Cable TV Dark-Fiber Optic Cable from MediaOne Annual cost of lease is $2,400 for a total cost of $24,000.00 over the life of the lease Authori. zation to Tern:inate a Contract.. Between ':.he Collier County Board of County Commissioners and Sky Asset Managemen~ (RFP :~96-2493 Collection Agency Services', E. COUNTY ADMINISTRATOR i) Budget Amendment Report 285 and fi99--242 Budget Amen-dment ~99- F. BOARD OF COUNTY COS~ISSIONERS i} Proclamation ex,ending congratulauions Commander Eugene L. Moore, Commander of the Department of Florida Jewish War Veterans and Auxiliar}' President Sylvia Meyers, Department e£ Florida Jewish War Veterans G. EMERGENCY SERVICES 1 This item has been deleted. Approve the Interlocal Agreement between Collier Couuhy and the Independent Fire Districts for Basic Medical Training for Firefighters. Agreements w/North Naples Fire District, Big Corkscrew Island Fire District, City of Naples Police & Emergency Services Department and City J0 of Marco Island Fire Department MISCELLANEOUS CORRESPONDENCE 1) Satisfaction ~He d~ir~n ~-0-'-~'[~ Satisfaction Services of 9708912MMA 9811016MMA 9811400MMA 9805432MMA 9709163MMA 9707284MMA 9705153MMA 9801058MMA 9708801MHA Lien: NEED MOTION authorizing of Lien for Case Nos. 9806087MMA 97084 92MMA 9307233MMA ~ 305009MMA 97031 9708257MMA 9807564MMA 9'/07 707MMA 97051.81MHA %he Public 9804324MMA, 9804703MMA 9805996MMA 9900648MMA 9802664MMA 9709882MMA 9801887MMA 9704264MMA 9708266MMA Defender for 9805318MMA 9900135MMA 9805349MMA 9802433MMA 9807825MMA 9806236MMA 9807555MMA 9802344MMA 9301280M1, Miscellaneous items to file for record witi~ action as directed OTHER CONSTITUTIONAL OFFICERS i) Recommendation that the Board amend Resolution 95-552, the investment Po]icy to recognize' changes in ~he market since the adoption c~ said Resolution and to recognize ~.he dynalric nature of the portfolio. Res. 99-259 -) 'Fo presen[ ~o ~he Board of County Commissioners the State Revenue Sharing ApplicaEion for Fiscal Year 1999-2000 and to obtain approval for_ the Chairman to s~gn the app.l.~catJcn, COUNTY ATTORNEY Request by the Housing Finance Authority of Collier Count}' for approval of a resolution authorizing the Authority to issue multi- family housing revenue refunding bends to be used ~o refinanc~· a cualifving aoartmen" Res . 99 -260 2) Recommendation that tt~e Board of County Commissioners approve a budget amendment to pa}, for minor reconfiguration of the o[![ice space allocated 5o tt:e Office of the County Attorney. In the amount of $17,000.00 AIRPORT AUTHORITY To recognize an additional grant of. $,10,000 and increase the Immokalee Regional Airport obstruction removal project budget by $50. 17. SUMMARY AGENDA THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMI~ENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOgS RECOM~4ENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COM~4ISSION OR QTHER 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. Petition% V-99--03, :.,7. slie itoward of South Florida Water Xanagement District requesting a 22 variance to reduce the required 25 foot front yard seth, ack to 3 feet and a '7 foot variance to :'ecluce the :-e(:u[red l0 foot side yard setback Lite Big Cypress Basin Administration Building Res. 99-261 Moved to Item #]2B1 B. PiHO-99-0R, Rsk, e:-t l,. Duane, AiCP, of Ho Associates, inc.. :'enrese~uina, ., Naples R..:erve Club Inc. , ~',~que~[ing' ~' a rezone [rom "A" Rural A~],-iq'uJture [o "'~' tjx2 Planned Unit Devel known as Naples Reserve Golf Club for a maximum 552 ~d~nt/ 1 du.'e,: inc~ un[t,: and ttv;o cz;::rses for property~ ~ocated' c.n~,, ~, x, iI~,' .... flor'Lit .,l and two miles eas~. ,ri c. n. 951, .iH SecLion Township 51 South. Range 1!6 East, Collier County, ;:'loricia c'~.-~oi, stin(; c~c 6 .... . acrec Moved to Item #12B3 C. PiJD-99-05, Alan D. Reynolds, AICP, of Wilson Miller, Barton & Peek, !nc., representing Long Bay Patti:ers, ;_,LC, req~esting a rezone [rom "A" R~ral Agricultural ',./itl 'ST" overlays and "PUD" Planned Unit Development {Dynabe] PUD and Livingston Road Count:fy C].ub PUD} to "PUD" to be known as Mediterra PLID for a maximum oL 750 sLng!e and multi-family dwelling units, golf course and a village center 60, 000 square feet: contaLning golf course related land uses, public administration ffacitities and a general store flor property located west of 1-75 along Livingston Road east/west corridor in Sections ii and 12, Township 48 South, Range 25 East, consisting of 943 + acres. Moved to Item ~12B2 D. Petition PUD-98-11 (1) , Mr. Robert Duane, AICP, of Hole. Montes and Associates, Inc., representing Steve Houston, requesting a rezone from a provio~]y approved "PUD" namely the Tamiami Professio~al Center PUD to a new PUD having tl~e effect increasing thc building height within Tract II from thirty-five (35) feet to forth (40) feet property located on the east side of Tamiam] TYai] Ncrth (US-41) and the south 200 feet of Sect[ou 7ownship 48 South, Range 25 East, Collier Florida. Moved to Item ~12B4 E. Adopt ~he amendme:~t to the Collier Ccunty Community Automated Exter:~,al Defibrillator Ordinance 98-36. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. WORKSHOP TO BE }{ELD FOLLOWING THE REGULARLY SCHEDULED BOARD MEETING REVIEW THE MASTER SPACE PLAN FOR THE MAIN GOVERNMENT COMPLEX 1. Presented; Discussion regarding Sales Tax Referendum A~D' I]?._~._,5{afi2~) ' PROCLAMAIION PROCLAIMINO ~iE ~EK OF ~INF. 6.1t AS NATIONAL HOMEO~ERSIIIP ~EK. ~O BE ACCEP~.D BY MS. ]OLIN (iUST, CI~IRMAN, AND klR SAM GOODN~N, ~'ICE C}~IKMAN, COt. t,IER COUNIY AFFORDABI.E HOUSIN(3 COMMISSION (BOARD OFF1CE) &I.U~L__.J..T~b3 ](~.] · MR. KEVIN ROSS REQUES-I IO RESCIND FIKEWORKS BAN (COMMISSIONER CONSTANTINE). ITEN.{.~ A(;KEEMENI' F()R SALE AN'D PURCIIASE - I'ROPOSED (;OI.DEN ¢;A] E COMMUNITY CENIER EXPANSION. (COMMISSIONER CONSTANTINE) ~LQ_~~£\)LS~-APPROVE CONLMERCIAL EXCAVAI'ION PEIaoMI¥ NO. 59.6qo- HENDEKSHOT Pl'I COMMERCIAL EXCAVATION AND }IOMESITE. (COM~ISSIONER BERRY). ~llg~M~ 16(,.&_)O2) TO IH.A)L62: EXCAVATION PEKMII NO 59.696 ; & D GYLqDIN(; ANt) tIALILING EXCAVATION. (COMMISSIONER BEI:LRY). b_tQV_~,:..l'r~Mm_16d,.4.~O_J, ki[O ~_(AK~ - EXCAVATION PERMIT NO 59.687, W}tlPI'C)ORW'It.I.I.AND taUSl COMMF. RCIAL EXCAVAV1ON AND ItOMESrlE (COMMISSIONER B£Ri~Y). ~tO__V_F~_J]_T_~.,~LI~ ]3'9 }._2.(I~]Ll2.: PUI).99.03 . NAPi.ES RESERVE GOLF CI.UB REQUESTING A gl,ZONE FROM "A" RI]KAL AGRICUI. II_IRAI. TO PUD (STAFF'S PO~OUESI) ~,~)_,~IN_.U.E.2_J.J._~_I,._~A_2_.]~I(}. ,IU~2 ~_~_}~q~_, EXCAVAIION PERMI'I NIJ',"4P,[R ~q 691 FORES1' PARK (HERON LAKI:.S). (STAFF'S K.F. QUES I} PROCI. / ~,4 TZON WHERE/S, the Board of CoHeir County Comm,$slbners has been hart'/'cd by the F/on'do Assoc[~h~2n of Fa/n[/)/and Consumer Sciences that J~n Bennett, Home Economist w/th the Co/Hep &aunt7 Department of University Extens/on 5erw~es, has been name~ "Leade~ of the Yea~" fo~ thc 5tote of Florida; and, WHERE/S, Jcm Betu~ctt was nominated by her Dfstn'ct members and chosen os the wflmcr by her peers stotewfde; and, WHERE/S, th~ award t's based on innovative programming and contr/buhbns to the pro/'e.~yt'otl of Fomt'/f and Consumer Sciences; and, WHERE, AS cducohbnal efforts included work m faintly fmonc/(]/ manoz2ement and food safety; and, WHERE/S, pos/t/ye program results t'ncluded: I000 &d/w'dua/s and fom/h'es beneh'tbLq from a volunteer A?tanc~bl counseh?~g serwcc, a leort~- by-moll series, o computert2ed budget onalTst~, and a weekly ne~vspopeP column; and 247 food handlers trothed th safe food proc t~ccs. NOW THEREFORE, be t't pro¢/o~?ned by the Board of County Commt~'s/oners of Call/er County, F/or[do, that/t wtshes to extend con]ratulot/ons to Jan Bennett on bet?~ named "Leader of the Year" for the State of F/or/da and apprecthtes he~ efforts on behalf of the res/dents of ¢olh'er ¢ounty. DONE/ND ORDERED THIS 8th Day of June, 1999. BO/RD OF c'OUNTY COMMISSIONERS COLLIER COUNTY, FLORID/ PAMELA S. MAC'KZa. CHAZRWOMAN DWZ~/T E. BROCK. CLERK PAOCLAAdA TION WHEREA~, the Alop/es Girls £askerba// ?ound~tion has been in ext3tence £or sly years,' and, WHEAEA$, serves the enttze County &'om Middle School throu, qh Ht'.gh School,' and, WHEREAS, the .Il-year-old and under team consists of 14 players (Amanda Allen, Nicole Bloke, Audra Bryan, Aenee David, Kayla Ountee, Courtney Jacob, k?'t'stin Lange' Ah'son Meschko, Elizabeth Navarro, Jamie Navarro, Jenny Payne, Zu/ie 5ell, Aenee Stick and Jac/yn Tart'csko),' and, WHEREAS, by defeating7 three other teams at the state tournament m Orlando, Florida; and, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW showed tremendous courage and team beh'ef in defeatin9 Clearwater by a score of 43 to 41 to.~/n, the championsh~p ~ame after be/n~ down by po, t ,; became, t~ fl~ girl~,~k~t~ll~team;ifi. Colh'er dounty h,~tory to the ~s,~med ~ VP of the ... ~.. · ~., ~, ~.,~.~,,' JocOb'and Jaclyn':,ro~icsk~ were named to the A fl- ay the' Board of Cou~Ommiss~ner~ of DAY DONE AND ORDERED TION WHEREAS, thc Roard of Count}' Commissioners of Cai/Act County support.¢ homcownc~'sh~p opportunities for aAA citizens of Co/A/er County.' and. thc Board o f ~oun ty ~ommissioners of ~o/licr {ounty works coopcrativcO, with o thor pubNc and private sec tar or]v.m'za tions to create an adequate s~pp/y of decent, safe, sanitaQ, and af£ordab/e housth~ £o~' aH citizens of Eo]//er ~ount/,' and, WHERE,45, the ~oard of Zounty ~ommissioncrs of ~o//ier Count)' rccogm'zcy that thc United ~tatcs ~ one of thc first countries m the wor/d to make homeownersh~ a rca/:ty for a majority of its people. Thanks to effective cooperation between b~dustry and ~ovcrnme~t, Thc doors of homeowncrs/.~ hove been opened to miA/ions of families over the /as't six decades. NOW THEREFORE, be it proc/a/med by the Board of Eounty ~omm/ss/oncrs of Co/Her County, Florida, that the week of June 6 - i3 be dcy,:natcd as NATIONAL /40~fEOWNERSHIP WEEK and urge aAA c/ti'zcns to take an active ro/c in makl'n9 (o//ict' Zvunty an even more a t trac h've and spec/a/p/ace to live. DONE AND ORDERED THIS 8th Day of June, IP99. / TTE5 T: D J4/IG/-{7-~ B,qOCK. 1999 TOURISM A(;i~,EESIF. NT BI.71'\VI.~EN ('OI,I,IER ('OUNTY :\ND TIlE CFI'Y O1: N.A, iq,ES RF',G,.\I/I~IN(; TIlF, RE('()NSTRIiC'FION OF l'llF. NAPI,ES F'IER by :md bctwo,:ll thc ('it,,, of ,Naples. hcrcinal'tcr roi'erred lo ;is "( ;R.,\NTI!I!" and ('oilier ('ount','. a political subdivisiol~ c~l' Ibc ,%t',ltt._' of I:lcwida, hcrcinal'tcr roi'erred lo ;ts "( '(')UN I'Y" I~,I{£TI':\ I..q: ",",'t ll{Ri.:.,\.$, thc ('(')t :X-l"f has ;~dol, tcd a Tt.,tll'ist l)c','cMl'mlcn! Pl;m Ihcrcinal'tcr roi'erred to as "l~hm'') I'undcd hv proceeds fi'om thc Tourist l)cvclopmcnt Tax: and ('otllllv 1o uSC Tourist Dcvclolm~Cnt Tax tkmds Ibr rcconstruclioi~ of ibc oulcr hall' of Iht Naples Pier: and WttI'~t<EAS. ibc (h",mlcc rcprcscnls Ill,Il CoI1Stt'tlClJt~ll ',viii commence in ibc xcar 2()Il(l: ML.rI'UAI~i.'f AGRI:.I"_'I) :\N {:()I.I.()\VS: \VI IF. RI!AX. thc p;trticx a.,.'rcc that I'undin~'~ will he ;~vailah!c in tllc fiscal vt;u- 2()t)(); and \VI tI{IR.I!AS;, lilt_' (7()t;N'I'Y dcs~rcs lo fund thc proposed Naptcs I'icr rccor~slrucllon pursuant to this .,\grccmcnt. NO\\;. 'I'II[{I~.t!FOI.~I{. B,,\.$1!D [.:P()N TtlI'~ ,Mti'I'IiAI. ('()\'I!N.,\NT5 AND IT 15, I. ~_)Pl,! (,)F \V()RK: In accordar~cc ~xith thc Budget :lttachcd as t{xhilqt "A" thc GRANT['~I! shall rcctmslruct ih~ outer hall'ot'thc Naples Pier. 2. PAYXIidN'I': No funds ?ti,all bc dispersed tmtil fiscal scar 21)()l}. 'I'hc alllOtll/l lO paid under this Agreement shall be F'our I lumh'cd Fiflv-'l'housand Dollars ($451),1')(().1)()). GRANTEE sludl he paid in accordance wilh fiscal procedures of thc ('mmtv upon subnfiual an invoice and upon vcril~ca[ion l]lat Ibc scrviccs described in thc invoice arc complctcd goods have hecn rcccix cd. GRAN'I'I~I'i shall ddcrtninc ih:il Iht goods ami services have bCOl] prol~Cl'ly prox idcd. and covered by such invoice have boon pl-OVidcd or pcrlbrmcd in accordmwc ~ ilh ~uch aLItIlOFi/;ItiOll. thc invoices provided thai st~ch cxpcndiltu'c is made in accord;moo with this .,Xg~ccmcnt. Each invoice submitted by GR,,XNT[{I~ si~all hc itemized in rmt'tqcicnt Ihcrcof and shall he supported I~y copies of con'cspondnlg vendor invoices ami pFool'of receipt ~oods or pcrlbrn~:,ncc oF thc services Im'<qccd (,k..N. [t:I:. sh;~il ccFtil'v iu xxFiling that all stlbcolllF'dCJOFS ;llld VClltJol'5 JlzlvC bCc'll paid lbr XkOl'k ;JlltJ IUiIICI'i3JN I'l'O[ll }~FCviOtl5 pit?Il/elliS received prior lo i'cccipl ol'allv fu['thcr payments. Thc ('()LINTY shail nol pay (iR,,XN-l'l![5 until thc ptu'suant to lbo ,.Xtlachod "l(xhibit %viii he paid by ('OL;N'['Y. Any cxpcmtittu'cs paid hv ('<)L:NTY which ineligible cxpcnclitLircs shall bc repaid lo ('Ot;NTS' within 3(! days ,,! ('()LJNTY's written rcqucst lo repay said Funds. ('Ot;N'I'Y may rcqucsl rcpaynlc~ll of funds t,~r year alicr tcnnimltion of Ibis Agreement or any extension or I'cI1cwal lhcFo,l itlld be issued hv a COlllpall}' licensed tn lilt Ntalc of Florida. and pt'ox ldo General l.iabilitv [)lstlra)lCC Jbr no Jess 1}11111 thc Ibllo~ lng BODII.Y IN.It )RY I.I.,XBII.I'I'N $3{1().()(}~1 each claim per PROPI!RTY I)AXlA(]fi I.IABll 1'I'5' 53(1(),(}()~)each claim per person PIZRS()N.,NI, INJURY l.I:qI~I[_ ITY S3{)().()(1(1 each claim per l Thc ('cl'lil~catc of lusur;mcc must bc dclivcrcd to thc ('or,my ,.Mhninistralor or J~is (tcsi?cc within lcn days {~[cxcculion oflhis A?'ccmcut hv IRc ('()[ IX'l'h' 5. Cit~IC'[~ Ot: VENI~RS ,.X~[) l~{ I~};,XI.ING ,Ix.AN{I:{'. re;tv sclccl vendors or sul~cont['aClOl'S Io provide sorx'icos as described in 5cclloB } ('()15N'l h' shall nol cxpcndilurcs and require I'C[~;I?IllcIll il' ~nx'oiccs have bccn paid t~mlcr this ..N~rccn~cnt for thc outer hall'ol'tl~c Naples Pier. Thc period oflwcnty >'cars is Ih2 uscl'tit !tl'c of thc merits funded by this Agreement. In Ibc event lhat GRANTISI~ charges a I'cc as described in this 7. INDL~MNIFI~X'~'i(.)N: '1'o thc uxtcnt permitted by [a,,$. thc ¢;I{..XN[ 1.:1~ shall including atto ncv s f~cs ami all costs of litigation ami judgmcnls of any ~amc and description This provision shall also pertain lo any claims brotmght against thc ('()t 'N'I'5' by aw,' Cll![~lo}'cc or thc ORANTEI?s limit o1'. or lack ot'. st~fficicnl insurance protection. am.l deemed duly scr,.'cd il' mmlcd by rcgislcrcd ,m' certified mini m thc (.iI,~..\NTI!I! at thc I'ollowing \Villim'n I). t larrison. ,,\ssisl;ml ('il',' .,MaI~a~cr ('ity ~l' Naplcs Naples, Florida 34102 All noliccs l¥om mailed hv rcgislcrcd ('il' ccrtificd mml to thc ('£)I.;N'I'Y Itl: (."{~t. llllv ,,\,_tminislramr 5;ccond Floor, Administration Building 33(ll 'l'ami;m~i Trail N;ipIcs. Florida 34112 Thc (;I~,,\N'I'i!I{ ;llltl Il'lq ('()[ :N'I'Y re;r,.' ch:mst thc ;fl'~ovc lll;lilill~ ;~,lti;cs~- ;~t :m~ upon mvinu ibc other party xvrillcn notit~calion pursu;mt 1o this 9. ~O I',,~I~'I'NI~R~II).: Nnihing }lcl'cil~ o. ml;tincd shall hc Ct~llstrtlctl ;~x CI'C;ItlII~ ;I partncrship bclwccn tl~,: ('()L~N'I'Y and Ibc GR,,XN'I'I{E, or its vcmlm' ~r suhcolllrilclt~l', or COL!N'I'Y. lf). '['t{RMINATION: Thc ('OLiN'I'Y or thc(iRANTt{t{ ~;~v c;mccl thi~;,.k?'ccmcr~I with or wilhoul c;msc hv mxin~ 3() days advance written llolicc of stroh tCl'lllill;lliOll pl~l'Stl;tlll Section S ;tnd spccil}'ing thc cl'l~clivc dale (~1' tcrminalim~. 1I' linc ('()[~N'I'Y terminates this Agrccmcnt. thc COl JN'I'Y will pay Iht (iIiAN'I'I~I~ ti~r all cxpcmlilt~rcs incurrctl, or conlr'actual obligations incurred with subcontractors and vendors, hv GRANTILh tip h~ thc cl'l~ctivc date of thc tcmnination so l(mg :~s such expenses ;~rc eligible. Il. gJ~b'JLRAI- AC'COUNTING: (]RANTiLE is required I[~ i;~;l~nlain complete accurnlc accounting records and kccp lorn-ism funds in a sop;roue ci~cckin~ ,~ccotmt. All related Io thc Agrccmcm should bc recorded, and ;~It expenditures must hc inct~rrcd xviti~in thc lcrm of this Agrccmcnt. 12. ,;\V/\I[.ABII. IT~--O[: RI'~CORDS: GRANTEE shall inainl:ur~ records, books. documents, papers 'and financi',fl inibrm',uion pertaining to work pcrtbrmcd under this mont. GRANTE[! agrees that thc COklN'I'Y, or any o[ ils duly ',mthori/cd representatives, shall, umil the expiration of Ibm'cc (3) ye',irs after final payment under lifts Agrccmcm, have access and thc right to cxamiuc and photocol~y any pcrlincmu books, doctmmcnls, papers, aud records of GRANTEIi involving ll'illlSilcliotls related lo lhis Agrcemcm. 13. Pt<OHIB[t'tON O]: ASS!GNNI[.iN[': GI~ANTILE shall not assigu, conx'cy, or COUNTY. 14. TEl{M: This Agrccmc,u shall become cl'lk'c~ivc on C///Z2__lda~e Board approvesl and shall remain cl'lk'clivc until stxlx' ,tars after Iht com])lclio~ c" linc of thc outer hail'of thc Naples Pier. which is expected to commence in Ibc xc:tr 15. .zXN'~I:.NDM[~NTS: This Agreement may only bc mucndcd by mutual agreement oI'lhc p:u'tics and :ti'tot rccommcndalion by thc 'l'ourisl I')cvch)p;n,:~:t 16. 'l'his :Xgrccmcnl shall bc recorded in thc public records ,~f('ollicr IN \VITNF. SS WItI:RE()F, thc GP, ANTEI! and ('OUNTY have each respectively, hv 'an attlhorizcd pcrson or agent, hereunder scl lhcir hands and sc;tls on thc ti:tlc and year Iirst abovc writtcn. ATTEST: D\VIGtt'F I:.. BRO(?K, Clerk BOA R D OF~T'~,M I,'qS I ()N ERS ('O[.I,I I?,P, (OL~'I,'Y, FI,()RID..\ }.3',': ,/" ' ' ' " ~L/" \\;ITN tESS F.S' l'rmlcd"l yp,:d Name l'rmlcd,'l?,6cd N;v, nc ATTES'P: Tnra ,\. Norad't~, Cit.'~' Clerk GR.'\NTt!t! CITY (')F Bill Barnett Prl!llcd I vp~.'l] NalIK' cot-por;ttc .sc;it ) Approvcd as lo t'tn';n and lcD;ti sufficiency Hcidi F. Ashton Assistant County ,\Itorncy .:,,?~.;,c-,ov,.~d d5 EO £,OCm Kenneth B. Cuylec C 1 tx,,' AE EOfflley Natural Resources ManageTnen t EXHIBIT "A" ln~ineezi.-,.~ d~-~isn, sce:~ f~_~-_~- and 'c ii-i zcur. e Pier r-~ is ?.s ~ r'z'iz!c.l, ; ='~'- t,2 rem, ave ami ..... c':-_ e r l-.z i f c= ~i-.e !.:zn le_ "~ -'~ ...... - ....... --~' - ........... = '...'~ -- i- i-~: k ~ i ~e.-.lli-::, =-~' :'-=-'= ~' ..... RI{X~ H I' ll(L',' X~ 9q- 262 P,I'.~( )1 I~'11~),'4 IH: Till( I~I).\RI)~)F ('()I;X IY ('(/MMI.N.XI~ L~I{I~,g. (~ ~1 I I I.R ('(}~.";1'~'. FI.()RII)A. ,-\I:III~H~IZIN(i \V,\l\'l{l~ (U: IIIH~:\R'~' IMI'.\('I I.ItF.~. I'.,\I~,K.~ ,.\NI~ I~I(I'RIt.,\II(iNAI. 1::\('111111'~ I,XlI'.,\~ I II I R(L,\I) IMI',\("I Fl(liS. IL',II'R(iliK('Y MI.liR':\I XI.RVII'I':-; I\11'\~ I It Ix ..\NI) i..I)I '~ '.,\ 1'1~ )',;,,\I F,,\( 'II.I I'1F..~ ,',?f.X l'liM IMI':\('I I:1,I'~; I:~ )R ~ 1NI. Ill )1 '~,1. 1'() IH' ~'()X.XFRI;("I'ItI) I;Y Ml('ll.,~,hl R. M('(L.\RIY .\1 ~4~ I,'" ohjcclivc l.$. IXdi%' 1.5.2. policy ].$.S. p~di%' 1.5.4. p~dk:y 1.5.5. polk'v 1.6.S: objculi~c 2 I. p~dicy 2.1.t. p~d}c> 2.1.2. p~dicy 2.1,S. policy 2.1.5, aim ,,MhllilllSll';llix c ('ode: :llld ofCollicr ('otimy imp:~ct IL'cs: and XVIIi.~REAS. Michael R. Mc('ari~ is scckh~1~ a ~aix'cr ol'hnpact t'zcs: ami WIII'~RI':AS. Michael R. X1c(';.'lx x~il~ c,mstmc~ a Ih cc WIII';I{t';AS. Xllchacl R. Mc(':u'tv submitlcd to Ibc ol'l~cc ,~f Iht I I,~sinS and !'rl~;m WIII-:I~t.:AS. ~ acc.~d~mcc u, Mh Scc[itm 3.~)4 ~I' thc l.ibr';.", N~slcm Irnp;~cl Fcc ()ld~n;mcc. OrdhltmCc No. 8X-*)7. ,~s amcmlcd: Sccm,n 3.L)4 .f Ibc P',~rks and I~cc~cmi~m;d Facihtics hnpact I:cc ()rdiil;lllcc. ()l'tJill:lllCC No. *.1~-~3, ;ts Ulllci1L]ct~: ;111 HppJtC;lllt Ill:tV Olaf;tH1 Ib{I,~ m~ ~cp~cscnh~lio',~s n.;xlc t,v M~chacl R. Mct'artx: IJl;~t cc~'tilic:llc NOW. ('(}~1MISNI{)NI'~IiS {)1" hotlSC ~s I~icl~ t~l~Oll l't't'CiJ~l J~v IllC J JotlSJllg ;llld [ 'l'b;lll Illljll'OVCllIClll Nil'CCitt1' OI ;1~1 ;lgICClllCllt I~l' 'l',)I:tllmf:lcl I"t'cs $ 4.17Z.3(~ -2- ,,\ TT E ST: D",VIGt IT F.. FIR(')CK. ('lcrk Altost as lc, Approved a~ to J'l~l'lll ;llltt Ic~aI su flicicncy: I lci,.li F. ,'\ SSiSl~.llll ( '{)tlDly EX I i I HIT I.E{;AI. I)ESCI;H PTI(}N ~II('IIAEI, R. M('('AI{TY I{ESII)EN( T~ 'fiie "~(}R'I'I I 75 Fr!wI' ()F TIlE N(')RTII IS(~ FiiliT ()F I R,.\~' I ?, (;()I.DI.,'N (iA'II! ESTATES. UNIT NO. T() TIlE PI.AT 'I'tlt~Rt~OF I~I~CORI)r~D IN PI.AT ('()t ~NTV. l:I.()l~l13..x -4- CREATIWE HOb4E'~ ~, OF SW FLORIDA ~::: 2489356 OR: 2557 PG: 0372 ::, ;;; AGREEbiENW F()RW..kiVI~R OF 100%OFCOI.I.IERC()[~N'I'Y lblPh('W CotmtS', l:loridzt, hcreimtCter Fclk:r~'cd to :ts "COUNTY" ;md Nlicl~ztcl I~. hlcC",~rtx, hcrci;~;~licr W IT N 1( S S t! T ti: amended, Iht ('ollicF Cottmv I~mcrgc~c>' Nlcdic:~l 5cFvicos SYstem Imt>:tct I:CC ()rdimmcc: Collier Coumv Ordi~',tt~cc No. t)2-22, i~s :lme~dcd, thc Collier ('t~tllltV J{oild Imf:icl Ordimmcc: ('ollior ('Otl~ltv C)F(timmco No. ()2-33. i~s :tme~dctl. IBc ('t)llict' ('tm~llv hcreimllicr collectively rcl~rrcd lo :is "lml~:tcl Fcc ()vdimmcc". i~l'ovidc l't,w x~:ttx cws ,,t' iml>',tcl WIIIERIEAS, the ('otmtv .,Xdmi~istritlor or his designate ht~s I'cx~cwctl thc WFI [!Rt'~,,XS, thc impilcl IUe w:~ivc~-sh=tll I~c {~rescmcd ira lieu t>C }~;lylllCi1l ~l' thc WCcluisitc prqiect ~s eligible Ik~r :~ impztct Ibc waiver WItl:iI~I'~.,XS. thc Imi*ztct l:cc ()rdimmcc: rCCltiiFcs th:tl Iht ()WNILI{ cmcr Agrccmcm with thc COUNTY. 8 OR: 2557 PG: 0373 \VItEREAS, thc Impact Fcc Ordinance rcquircs that thc OWNI'~P, Agreement v,'ith ibc COUNI'Y. cntcr into, an NOW, TI I t!REFORI-!, in col~sidcration o1' lhc I'm'cgoing rccil;~ls. Iht p;irlics COVCD:IIlt ;llltt agrcc as Ibllows: I. RECIT.,XL.S INC()RPORATI~D. Thc ll)rcgoing rccit:ds arc fl'Ut mid C{lI'l'CCl illld slmll bO inCOrlx~r;ttcd by r'cl~rcncc heroin. 2. lllO.,Xl, DI'~SC'RIIYI'ION. Thc lcgal description of thc dxx'dlinS unit {Iht "I)wcllinM Unit") :md site plan is attached hereto as Nxhihit "A" and incorpor:~tcd hv rcf~rcncc hcrcin. commcncing from thc date thc ccrtificak of occtlj};lllC5' is issued fi~r thc IDwclling Unit. 4. REI>RI~SIJ, NTATIONS AND WARRANTlt~S. OWNIZR represents illltt W:II'I'iIIltS thc tbtlowing: appci~diccs to thc Impact Fcc Or'dinancc lllltl thc mol~thlv l~aymcnts it) bm ()x~ ncr is it 15rst-timu )mmc )myer: d. Thc Dwelling Unit shall rcm:tin as al'lhrdablc h(msing Iht Ii ficcn (I 5) }'cars c. ()WNf_~R is thc owllcr of record o[' thc Dwcllim4 [_init illltJ owes impact tk'cs in thc total amotmt of $4.172.36 ptzrstmnt to thc Impact Fcc Ordinance. In rctur'n tbrthc waiver of thc impact I'ccsoxxcd hv OWNJ{R. 8 OR: 2557 PG: A ()\VNI':I~ covcnams taxi a.urccs lo coml,ly wilh Ibc al'lbl'd~hIc hOllSin~ Ordin:mcc. SI. JBSI'iCll :KNT 'I'RANSI:IiI~. qualilicalion crilcria dcl;lilcd i~1 ~hc Impucl Fcc If ()\\,"Nt[R sells Iht lhvuilinu [,'lliI sllh cci ~mlv lo Imuscholds incctinp Iht crih:ria sci Ibrlh in ,,XI:I.()RI)AI~I.tL RI'~OUII~I~MI':NT. The l)wclling isst,cd: ;md if Iht I)wcllimz tJnil ceases to be ulilizcd lb,' Ih;il purpose during such pc,'iod. Iht impacl I~c,.~ shall hc immedmlclv rcp',~id to Ibc (.'()I.:N'I'Y. c.xccpl tbr ct)ntinuous pcrhxl of I]l'tccn x'cars al'itt thc d;[Ic lilt cc[-I~l]c;]Ic t.II':N. Thc~xaiv,.'d imp:,cl t'ccs shall hc;~ Iic~] upon lbrccloscd upon in Iht cvcnl of mm-compliancc wilh .,Xgrccmcm. t~ascd upon sul'ficicnl cvidcncc provided hv ()WN'I{R. ()WNKR has .cccss:u'v h ohlmn fin;mcitkz m purch~.~c Iht l)wcllit~g I:nit 'l'hc ('()1 ~N'I'Y ami ,,Xgrccn~cnl sJlal] bc mmic junior, inlL'rior ami sul)onlin',~lc RI~Lt!,.XSI~ OF I.IILN. (~imn salisl~ch)O' complclhm of Iht ..X.?ccmcni m~d fifteen IlS) years ;~l'lcr Iht d;~Ic of [.~su',mcc upon paymcnl of Ibc xva~vcd Jmpacl I~'cs. Ibc C()I.]N't'Y lien, n,:lmli~9, hm m~l limilcd [o. ;~ rclc;isc ol' Itch. BINI)IN(; 1LFFt{('T. This Aprccmcnl sh:flI hc l~imlin~ upon ,,~FCCIllCIlt ;tlld Ihcir rCspcclJx'c hcirs, personal I'CJ)I'CSCllI:II~VCS, SLICCCSSOrS ;llld 8 OR: 2557 PG: 0375 Jn Full or m~lil Ibc comlilions scl IBrlh in fha Imp:~rl Fcc ()rdin',muc ~tll;llJl]c;:!iO~ Ci'IIL'I'J:I cxl;~blJxhcd ill Iht ]Illj~;Icl IZod' ()lmLIJI1;II'iCC ()WXIflR viol;ilo ',HIv pro','ixhms oF ibis .-~F, rccn:cnl. Ibc imp;icl IUc~ w;:lkcd s]ulll l)c tho cl'lbc~ivo d;~Io of Ihix A~rccmcnl ;u:d c(mtil:t:in~,, ~lr:lil r'op::ht. ~itcJl lfcn ~h::il hc ::ddilion, lilt iici: nuly he lku'cch)scd or otherwise c::li):'ccd hv mbo ('()l }N'l'¥ I)y ;lctiol/ or suit in equity :~s IBr thc IBrcclosurc oJ'il ~ortgugc on rc~ll 4 8 OR: 2557 PG: 037 cum~l:~tix'c wjlh :my olhcr right or remedy :~',';~il:ll')lc to li~c {.'L)I_]NT'C. Thc l~,,.',:~rct stl;tll I~e c~litlccl Io re'cover ;ill ill[Ol°l'ltTg','4 J'~CS, il~ct~rl'c'd bv lhe l~o;H'd i~ c~l~'ci~ this IN Xk'I'I'N[iSS WItE[{t(()}:. thc pill'lies h',tvc execrated Ibis A?c'c'mcllI I~1' ~Vilivcr o 8 Print Name ...... :;_::.:._ ,,..._........ ST;\T[L O[: [:[.( COLIN I'5' ()[:' ('()i.l.tt!14) 1999, bY (type of idcntil]c;~lio~) J~ ~. ~ MY ~MMISSION · ~ Till2 D A T E D: [tOAl/I) OF' (~%X' C~ISS ATTES'I': ('O[.l.I l~l~ ~_,;~r,'. l:l .()l~ l I)A DWIOt IT E. I~1~( )('K. ('lcvk ]ggal sut'l]cic~cv S ig~atur.~ c;~'~ l.y. Hcidi F.' Ashto~ AssJstrmt CoLmt',' .id*c/;lgrccmcr~t"m,.'c;~r t> 255! 0377 f{XttlI~,I I' I I:li.,\ I. !f IIi N()RTII 75 FIiI{T ()F TI IF. N()R'I'II 15() FI!liT ()I.' TI{A('T 7. (i()l.I)IiX ~ ,.\ I't' I!,%'I',.\'1'I!,%, I;.N1T XO./'~ll, ..\('('OItDIN(i T()'11 I1{ PI.AT !111!P, IiOF I~!.('()f{I)i!.I)IN I'!.ATII()()K 7. I'.,\(il{ (~2 IN TIll!l'l.'l~,l.l('f{i{('()RI)x()I.' t ( )l .l.ll!R ('( )l i: ~ I.'I.(iRII').\. OR: 2557 PG: 0378 8 CRF'ATIVE H(-~MFc C)F' c . .~ .:Jw i:l__ UNIT LOT ...... BLOCK '[F~'A("I 2 [AI',II,( SIZE .................. 900 GA~LON~' ' ' ~ :,0' aO ]9~d I [ :t"I BE, 61//_0/~0 I,tESOI,UTION NO. 99-263 A I,tESOI,UTION APPOINTING ANI) I~,EAI'I'OINTING MEMBERS TO TIlE FOREST I,AKES R()AI)WAY AND DRAINA(;E ADVISORY COMMITTEE WIll RI':AS. on March I~L 1992. d~c Board of Cmmly Commissioners of ('oilier adoplcd (h'd~n;mcc No. ')2-16 which crcatcd Ibc Fores1 l.akcs Road,,vay and I)rahntge Advisory Collllll~tlc'c ibr Ibc purp(~sc ~1' :tssisdn~ Iht [~oard hi providin~ and lll:llll[:l[llJIlI3 rOlld~t;t~ l'¢}altx} drailla.gc ilIRJ ro;Idwav rcgtoral{oB aS SCI Ibrth {I1 ('OUllly Or(lill;lllcc No. 9I- WllI'.R}bXS, lhcrc arc currently lhrcc (3) vacancies ou thc Forest I.akcs Roadwa5 arm soliciling ;~pplicaUons I?nm inlcrcstcd parlics: ami 5(/v,'. 'IIII~RIH:ORE. BE II RI~SOI.VI~I) tlY 'l'tlt~ IV)/XRD e)l: ('()LJNTY ('OM,XllXSl()XlH/5 ()I,' ('()I.I.IER ('OI 'X'I'Y, H.()IilI)A, that: 1, Wiiham I...~cabury. is hcrc/~y reappointed m ff~c Forcsl l.akcs l/o;tdwav and Adviso~ ,.. ( mlmlillc'c Ibr a lbur year Icrm, said Icml Io expire on April 21,2l) 2. 14obcrl tl..hines is hcrchy appointed lt~ thc I-'orcsl l.akcs l/oad~av and Dra i1; ..Mh'isotx ( ommiltcc IO I'uilill thc remainder of Ibc vacant Icftu. said Icrm Io expire m~ April 21. 3..Xmh'c~ Ii. Rciss is hereby ilppOilllCd lo IbC Forest I,akcs I{t~adww,' alld AdVMOl', ('(mlnlillcC tbr :~ !bur year term, said lcrm Io expire m~ April 2 I, 2003 This }(csoJulion ;tdoptcd al'for IllOtIoll, sCCOlld alltl majority vote. DATED: .hineS. I999 ,,VI'TES'I DWIG}II E. 13RO('K. Clcrk I)avid C. Wcigcl RESOI,UTION NO. 99-264 ..\ RESOI.UTION APPOINTING V1CK[ A. CI.AVEI.O TO TIlE (;{)I.DI:.N (;A'F[,; COMMUNI'FY CENTER ADVISORY C()M,MITTEI,L Wl tKRI~AS, there is currently a vacancy on this Committee: WI II~I(EAS. thc Board oF ('ounly Commissioners previously provided public nolicc N()'~. TtI[~RiWORE. lie IT RESOLVED BY I'IIE I~OARD ()F COL;NI'Y COMMIgSION[~RS OI: ('()I.I.If~R ('OL[N'TY. FI.ORIDA, Umt Vicki A. ('lcvclo is hereby appointed t(~ IbC (kddcn Gate Community ('cmcr Advisory ComnliUcc fl~c vat,mt ICftu. said Jcrm to expire on Dcccmhcr 3l. 1909. 'lh~ l~csoluliOn mhq~lcd after motion, second m~d majorily vole. D/,,'l'[i[~ .lunc ,q, 19~)') ,,\TTt!.ST: DWIGttl E. BROCK.('Icrk Attest a~ to Ch~ir~'$ signature Appro',,cd as h) form ami legal su f!]cicncy: ,! /, .4 -, X ' ,, David ('. Wci~cl ~ I)('\t',kn DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 St~a[gn~¢_0.!_jwlb['c .t he ~'~!!]jcr_ (.19.ul~ty !kmi'd..ol.'.(._ig.!nuli~:si~!n!:r5 ul.1 '1 ucsday, .ILIll.C S, [??(j .",.Ix' ;~:mu is I'a~rick T. iqfiJbin I :lin thc coordimlhu' Ibr tile i,,,sidc!/l:S ,..~l'nit>lC than This is wha: ',,,as Ik;ur]d 5:,c\'cn )cllol's o/'st:ppt~l'l l'~}r' thc c'io>;tirc ~AOIC s, ublnittcc) bv thc Watels, /..aLc',xc,'c)d ('(,)/InlltJtlilV Scr\'iccs. I'-~/llgs I.ako. it/lei (7otlltl/'\Sidc t"ivc (.)f/he letters as il "boilcrpi;tic" Ictlk. r ofLakewot~,:i ('ommtmity ScYviccs with a ~t>tnI o1'077 houschtdds, she stated lhat 'a Ict~cr was/hxed lo Comt:dssioncr Slat'Kit d'Jlcd June..* 19~)9. in which she said that in their pollofthcir l-Icolnmunitvassocialions, and I citable, "there wasn't a sill2levt)Icol' SUppOrt tkw ch>sure" 11 B..iR Board o£Col]icr ('omuv C'onlmissio.crs Subject: KinFs \\':w P. oad Clostu'c June 8. 1999 P:~gc 2 The letter Ii'om Kings Lake SUl}Porting such closure sec'mod t(.) go }n of)posilicm to all of'the rcsiclcms wc h'ad Sl)okcn to and who had signed our pctititm. I<csidcnts oF several associ',~tions at Kings l.akc said they wore unaw',~rc o1' why a Idiot was submitted on their bob:dF A Kings I.akc rcsidcm who has looked at thc agendas and minutes oF the master association could lind no rcJ~'rcncc Io this III;IIIoF in illlV curt'erst meeting }:LII'IIIOF, such letter xx :~s llol olI thc letterhead oF lqbgs l~ako nor was it dated ami coi~widcntallv it was again thc same "boilcrpJ'dtc" letter xxord I'or word as submiltcd bx IXxc other associat Thc letter From Xl(~oi~ l.al<c ,.',ils si?cd by Itl,.' l)rolwrty nv, tmlucr t,tlt thoro is Ix~ absolutely no cftC'ct on their Fcsidcnl5 other Ill;in thc negative OllC Of 5tlb coting thom to \VL' ;iow belit.",, e Ihal il possible nlisl'cprcscnlalioi~ may have I~cc~ perpetrated on SllCh closir~ Il appears such ~x:ls mx thc case Irurthc~'. thc 53}(1t) ('~,llicr ('ountv TO(J:tx. ] le,~lVL' hcI'.2 5OIIlL'wh;It lcSSelle(I ill ill",' I'cSl'~cCt l'Cq tili>; ('.'t) 1 I1 SS Oil \',ho v,,'ould not allow tis to l)l',esellt t)tll' case /,')Lit V,.IIO I'clicd till I'O?l'C:qOIltiltitlllS tll)Stlj)l'lol'le(t 10N; fact and au:~iJ~:q thc wci.,4ht :.ffpublic opinion I believe that L')cForc :1 decision was made whether thc sL~bsl;lnlixc cxidcnco was suflicicr~t r'cclt~iremc~,.ts weft I1WI ~lHd such ('t)l/lllliSsioll 3CIiOI1. I believe ,:'oL~ may have l}IiJud oil l)o[h COLlllI,'-, ()Ihel' avenues % Cl'k' a,,ailahlo to ;'ou but chose lief t,~ ~;iStOII t:,i' [',L'lit.",.'t.' tilex CXiSlC(t tar. I'or th:il i)iHII,..'i'. C:)l'O(I that they by others, "\Vt shall not go silcmly into this last MEMORANDUM 118 I)ATt:': TO: FR()M: RE: .h!nc g. 1999 tbi~crt I". FcrnandcT,. County Admhfistrator / .,. -, ,-, -, ACTION ' P;t~Cla ~. Mac'~ic. ChaiFwo~a~ FILE. Commissbncr. District 4 June 1. 1999 letter received from Patrick T. Philbin with petitions signed by 4.282 residents requesting to re-open Kings Way Please find attached ibc abovc-rcl'crcnccd le',tcr and petitions. I lo',x' c;m I find out what ncighborho{~ds arc represented h,,' these signulurc:-:? ,,Nix(). Inco. l lo kmm hoxv many people live in each o1' Iix*sc I]cighburl'xx~ds so I can find our Whill pCl'CClllilgc o1' residents those signatures represent. Who can I~est do lifts? '['hank vou in advance lbr vour assistance. l'SM:cb Attachmcnls l'amcla S. Mae'Kit. Chairwoman ('omlnissinncr. l)istrict 4 7::'a t'-,,'e.4 '7 aAfe, , q,¢l- 775- 772 June I, 1999 Itonorable Pamela S. Mac'Kie, Chairwoman ttonorabl¢ Timothy J. ('_'ons~antine, \:ice-(Thairman ttonorable Barbara hl. Bcr'ry Honorable JamesD (?ar~er, Ph.D t tonorablc John C Norris 3301 East Tamiand Trail Naples, FL 34112 I)ear Comndssioners: On behalf'ot'the 4,282 citizens and residents oF(.'.ollier Coumy %*,,.'ho have it~dicarcd their displeasure at the Commission's actions by permitting Kings Way lhrough lbo Foxfire community lo become a private road we submit their petitions th,' your considcralion. We believe that your aclion was taken arbitrarily and against the advice of thc Coumy's professional staff We tiu'ther believe that such action will not result in any cost saving to thc County taxpayer and will contribute to an increase in traltlc congestion together with vehicle and pedestrian accidents. \Ve request that you reconsider lhis decision and grant us a rehearing on this realtor Very truly yours, Patrick T. Phil[',in, coordinator ti)r: County-wide shoppers Berkshire I.,akes - Radio Roacl Blue Sky's - Radio Road Briarwood - Radio Road Coconut Creek - P, adio Road Crown Poit'~te - Davis Blvd. Deauville Lake Club - County Barn Road Endless Summe~' R. V. Park - Radio Road Flamingo Estates- Between Davis Blvd. & Radio Road Golden Gate Golden Gate Estates Kings Lake - Bristol Square Association Kings Lake - Camelot Association Kings Lake - Villa,',; at Kings l,ake Association Kings Lake - Windsor Association Lakewood - Davis Blvd. Maplewood - Radio Road Naples Estates - Rattlesnake I Iammock Road Naples Mobile Estates - Radio Road Riviera - Rattlesnake t-Iammock Road South Wind - Radio Road Sunny Acres Mobile Village - Radio Road Timber Lake - Radio Road WhittenbeFg- Davis [3lvd. Windjammer Village - Radio Road Woodmere Lake - County Barn Road kVoodmere Racqtmt Club - County Barn Road Woodstone - Rattlesnake Hammock Road May13,1999 TO: Collier Count':' Corr'~n. issioners P,~: YU. ngs Way Closing PETITION The foI!o,.,,'ing Collier Count' t-tomeov,'ners request that you reverse your decision to close K~ngs ",Vay to pub'dc traffic. This closure poses a serious inconvenience to those of us who iive bl the area and adds even more tra~c on ,'tn a!readv crowded Da','Ls Boulevard, ,.\ir?or: Road. mTd Santa B~bara Bou!e;'ard. Further, it causes ur'~aafe conditior,z. Tour immedinte re;'c,~d of'this decision Ls requested. Homeowner ' // :' . , May 13, 1999 TO: CoI2ier Count'.,' Commissioners RE: Kings Way Closing o ~ ~ ~'f'/,>jr a,,.>y PETITION The t¥!!o,.ving Coil[er County [{omeowne:'s request t}mt you rc'.'erse ?'ou: d._'c{sh, n to clo.ce Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the arc: and adds even more traffic on om already crowded Da~ds Bou'.cvard, B .... a Boulev~d. Further, it causes ~ conditiorz. Your immediate re','ersa/of this dcc[sbn is reauested. Address Phone ,??.:'/ ? ,7,F- N~y 13, 1999 TO: Collier County Commissioners RE: Kings Wav Closing PE'ITI"ION The fo,o'.',':ng CoI_lier Counr.v l--{omeov,"ners request that you rc'.'erse your d,zcision to close Kings ",Vav to public tm, v2'tSc. This closure poses a sc~ous in. convenience to those of' us who live in thc area and adds even more trafSc on ~ a!rcadv crowded De,Ss Boule,ar,,, ..Mr'per: and ........ Bo:b~'a Bou!e','pzd. Further, it causes tl~fc conditiop~. To:ur -:m..--d,atc rc'.'c:'s~ of this decision is requested. Nk2y 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PtZTITION T'ne fo!!otvi, ng Collier County Homeo,.vners request that you reverse your dccis;c)n to close K;'-'os.,=. 'V,,'.,,.4: to public traffic. "i~,.{s closure poses a se6ous inconvenience to those of us x,.'Eo live in tile o~ea and adds even more tra,,.~, on pm atreadv crowded DavLs Boulevard Ba"bz~a Bo:levard. Furtker, it causes u.rLsa."e conditions. '(our {mined{ate reve,'-:,aI ofth{s dccisfon ~s r,qu~cd. [tam eown e r A d d tess Ph on e .~-~ blay 13, 1! TO: CoL!i¢ :ount,',,' Commissioners tLE: l--:.in~.,~av_ ' . Closing PETITION The folk Count,:' Homeowners request that you reverse you:' <.c.,:s:e:; to c!ozc t s ir:,'on;'e,tie'~c" to those of us who [i,'e in th,.' 0.rca ."md adds Your i;,'":medhtc r',:vcma! of:his dc:[sion is toques:cd. ~omemvner ['h ('~n e ~ A d d r e s s r/.~.,,' . · ( ::'L :,..; ,.... May 13, 1999 TO: Coliie'r CounU' Commissioners R_E: KLngs Way Closing ~ ~ PETFt'ION TLc t~l!o~5,'..!ng Collier Count-y Homeox~ers request that you reverse vo'cr decision to close K~ncs \Var to public trafi2c. This closure poses a serious inconver2ence to those of us who live in the ar~'2 and adds even more traffic on an already crowded Da'ds Boulevard, ': ..... !~o::d. "~'-~ San,a B~xN,.x'a Boulevard. Further, it causes unsMe conditiot:',.s. Your immediate rcvc~a! of this decision is requested. Fl'om ecm'n er :\ ri (1 rt, s,~; }'}it) n,, :i 1 '5' -3 (-'.:"5 May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION Thc £ol!o'.,,5ng Collier County [-M:ncov,'ncrs request that you reverse yo':r c!ccision to close Kings Way' to public tra~c. This closure poses a serious inconvenience to those of us ,.,.'ho live in the area :',nc! adds even more traffic on an alrcadv crowded Davis Boulcvarcl. Air,>orr Ru, ad, and 5,',.r:ta Barbara Boule,:ard. Further, it cat:scs unsafe conditions. Your immediate reversal of this decision is rcqucstcd. May!3,1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION Thc foI!owing Collier County Homeowners request that you rcvcrsc }'our decision to c!osc Kings Way to public traffic. ]'his closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on an already crowded Davis Boulevard, Airport Roau. and Santa Barbara Boulevard. Further, it cause:; un.afc conditions. Your immediate reversal of this decision is requested. · ,'72 Mayl3, 1999 TO: Collicr Count.',' Commissioncrs RE: Kings Way Closing PETITION Thc fo![o,,v~ng Coil{er County I-[omcowncrs request that you reverse your dec{sion to close Kings Way to public traffic. This closure poses a sc6ous inconvenience to those of us who li:'c in thc area and adds cvcn more traffic on an al. ready crowded Davis Bou!c,,'ard, Air?o: Road, a::d Santa Barbara Boulevard. Further, it causes ur~u"e conditions. 5'et,': hnmcdiate rc,.'cr~I of this dec{sion is requested. Homeowner Address I)h~ne Mayl3, 1999 TO: Collier County Commissioners RE: K. ings Way Closing PETITION The fi')llowing Collier Count)' Homeowners rcquest that you reverse your dcci.~ion to close Kings \Vay to public trafEc. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on ,'tn alreacty crowded Davis Boulevard, Airport Road, and Santa Barbm-a Boulevard. Further, it causes m~q£e conditions. Your immediate rc:'er.~M oEthis decision is requested. Homeowner / /Y,:-'- / May 13, 1999 TO: Coliier Cotmty Commissioners RE' Kings,Way Closing PETITION The £ol!o,.ving Collier Count)' }{orneovmers request that ,vou reverse .vour dcci:;ion to close Kk:gs \Va¥ to punic tra~c. This closure poses a serSous inconvenience to those of us ',','ho Ib,'e in the area ar, d adds even more traffic on rm already crowded Davis Boulevard, Alri':c~r~ t?,oad, ?.r,d Santa B~b~a Bou. lev~d. Further, it causes unsafe conditions. Your immediate revc,'-:mJ oft}tis decision is requested. Homeowner Address Phone : lj ' . . ,, l'.,~ay 13, 1999 TO: Collier County Commissioners RE: },Lings Why Closing PETITION The fo!5;,.ving Collier County t to::mo~vncr:; reque:;t that you rc'.'ur:,;c your ~.c ....... Kin=s ',,Vay to public ' ', ;' l%is closure pose:; a serious ir, convenience to those of us wr:o live in thc ~c, and - even more tragic on an a:reacv crowded Darn ~`.,~,u;c~-'~''~,~.,.,, ,.~:r?o: ~ '= .... ~ Bv~bm-a Bo~evard. Further, it cau.ses u~fe conditio~. %'our immediate reve,~".! o£this decis{on is requested. ..k - '.. /i ,/( /(,,, RE: }Lings Way Closing PET ION '~¢ k ,.o'aqng Collier Coup, ty Homcox~T, crs request that you reverse ','our dcci:io:~ to close Kings Way to public traffic. 'Iq:is closure poses a serious iI:com,'enience to those of us ',','ho Ii',',.: in the ars:: and adds even more traffic on an :dread,:' crowded Davis Bou!evard, .,\!.'-?or: F: ':ad and San.'.,". B"'~'"'~ Bo',..fle;'ard. Fu:hcr, it cat:scs u.,"'~fe conditior',.s. Your t ...... cdmte rcvc:'sa! of this decision is requested. M.~y 13, 1999 TO: Collier County Comm~sioncrs RE: Kings Way Closing PETITION Tine fo!!o'.~ing Collier Count>' ~-!omco'.vners request that you reverse ?'our decision to ch)sc Khn~s V,"ay .t.0 public hmffic. This clos~e poses a serious iz:convenience to those of us who live ha thc ar:;t ar:d adds even more traffic on ~m already crowded Davis Boulevard, ,-~ir'porr Road. and S:~nta cOBdhlO~. B~beza Bogeyed. F~er, it ca.cs m~safe "' Your im:medhte rcvc,.-s.rd ofthi.-: decision is rcqucz~cd. Homeowner Address Phone . ,,, . ,' ',.'.,../..,' /'_. . May 13, ! 999 TO: CoLUcr Count' Con-~dssioncr$ RE: t'~gs Way Closing PETITION T}:c roi!owing Collier CounO' kromco~crsr,.,~uc.,,' that you rcvcr:.;c your deck{om to ck_<~" · Kings Way to public traffic. This c!osure poses a serious iaconveaicnc: to those of us who live in fi:c afc: and ad,is even more tra~c on ~ already crov,'dcd Da',Ss Boukvard ~.,:r~..r~ l.,.oa~:, and Sar,:n Barb,"za BoMcvard. Fumher, it causes up.safe conditiorm. Your immedb:c rcvc,.mal of:hb decision b."c.~ucs~ca. ~' · ' Homenwner Address Phone ~-~ -)/-5 "/,i ,:,: L,/i' .,., ~. ~; ." TO: CoI~cr CounD' Comrrdssioncrs RE: I-Umgs :Way Closing (f ) PETITION ' " ~ "' Ch35e The foi!o'.,,'ing Collier Count.,,' l::omeo',v'n,,rs rcqz:cst that you rcvcrsc your ~,c,.:s:on to Ki:".gs ",Vay to public tralF, c. This closure poses a sc,~ous :nconvc:::cncc Io those: of us who l;v.- in thc and ~;' cvcn more traffic op, an already crowded Davis Boulevard, ..\:?orr " ~ Ba:bm,'a BoMeva. rd. Furtl".cr, it causes un_,,afc conditions. Your immedinte rcvcrv:,.] of this decision is rcqucs:=d. >. d d rcs.~ Phnne H- I/ / .L.. .' // May 13, 1999 TO: Collier County Com~nissioncrs ICE: Kings Way Closing PETITION 'Fne foI!o'.v~ng Coil!er County, Homeowners ,c,~cs, ...... ti:at you reverse Kings W,'v:, to public tra~c. This c!osm'¢ poses a serious inconvenience to those of us who live in the even more tra~q]c chh ,'m ~Areadv crowded Davis BouJeva:d, :\/::orr !::cad. and Szn:a B~bar'a Bo~¢,.'~d. Further, it causes un_s,z£e ccnditior',.s. Tour immedhte rcvc,'7;al of this decision is requested. Phone May 13, 1999 : TO: CoLlier ComW Commissioncrs RE: Kings Way Closing PETITION Thc £o!!o~Sng Collier Cotmty t~o ,,~" , " ,, .moo" ,,.rs rcq.~e.$, tbw. t you rcv::rs~: your dccbion :o close Kings \ray to public tragic. TbAs closure poses a serious b:convenience to those of' us who lh'e in thc 'arc:: and~,~,.;~', evca more tra,~c on ,'m already crowded Davb Boulevard...\ir'~.o: Ro::d. :u:d Barbara Boulevard. Further, it causes tm_s,',~e conditions. Ycur immediate re','cr?..2 of thb dec!sion is requested. May 13, 1999, TO: CoiNer Coumy Commissioners RE' KJn~zs WaY Closing ~ PETITION The fol!owing CoiNer Com'-.ty Homeo,.vners request tN',.t you reverse your decisio:~ to close Kings Way to public traffic. This c!os ,m-e poses a serious inconvenience to those of us who tire in tile area and,=,..., even more traffic on mt a,.rcac:? crowded Da;Zs Boulevard, ..\er?orr Ro:'.d. arvJ Sa-.ta Barbara BoUlevard. Further, it causes unsafe conditior~s. Your immedbte re:versa! o£this dec!~ioa is req'aested. Homeowner Address Phone ~ . ,_ /~ .,./ f ........ May 13, 1999~ TO: Co,er County Commissioners RE: K.i~gs Way Closing PETITION l]:e fo!!c'.'.'Ng Cell{er County t-!omeovmcrs request that you reverse ','our dcc{s{on to close ~ngs V?ay to pubic traffic. Th2 clos~e[Poses a serous Nconvcniencc to those of us who live N thc area and adds e'.'cn more tra~c on mt already crowded Daw Boutc'.'a-d,tx:r,o,," 7 - Road. and ~-'~ ....... Ba-ba-a Bogeyed. FurJmr, it causes um~fe conditiopm. Your im,medhte re','e~ of this dec,ion ~ requested. }[omemvner Address Phone s ', k. -- } . / , . ~ May 13, 1999 TO' Coll.ier Count7 Commissioners RE: Kings ..Way Closing PETiT[ON The fo!!o~,Ang Collier Court%' Homeowners request that you reverse your dec{sion to Khngs Way ~0 publ/c trat'l]c. ThLs closure poses a sc~:ous inconve~ence to those of us who Eve in t}:e are:', z~d adds even more ktrm"'fic on an a.lreadv crov,'dcd Da'as Boulevard, A:ri:ort P,,;aJ. and Santa Barbara Bo~ev,:d. t:urlher, it causes tm. safe condmons. You.r hmmedhte re','¢r.s,'tl of this dcci.sion is requested. Homenwner Address Phnnc / : '- " May 13, 1999 TO: CoL!Jet Count)' Comn4ssioncrs P,.E: Kings Way Closing PETFHON The fi}lJowing Collier C_:ounD' ?.{omcow'ncrs request that you reverse ','our 'l,:ci~{o:', to close ~ngs Way to public traffic. ~ds closure' poses a serious inconvenience to those of us who live in the zrea and adds even more tragic on mn ~rcadv crowded Dax4s Boulevard, ~ :~- - ' :,.,~.o,, Roac and Szmta Barbm-a Bo~ev=d. Further, it causes un~fc condhio~. You: immedhte re','crrz! of this derision ~s requested. Address Phnne'~ TO: Collier County Commissioners RE: K. ings Way Closing PETITION ]]:c foNc. win~ Collicr Count'; Horn,':.ov,~crs Kings Way to public traffic. rcq',x:st that 7ou reverse ,,'our decision to close TI,is closure poses a serious inconvenience to those of us who live in the area arid adds even more trafiSc on ,',aa alrcad.v crowded Davis Boulevard Airport Road, a.'-'.d San,, Barbpza Boulevard. Further, it causes um~"tfe conditions. Your in:mediate re','ers,al o f this decision is requested. /:). :) Ivhy 13, 1999 TO: CoUier County Commissioners RE: Kings ..Way Closing PETFTION The f'oI!ew/ng Collier Count.',' Homeov,,'ners request that you reverse ':'our decision to close Kinzs Way t'°' public tra'~c. This closure poses a serious incon,,'cnienc¢ to those of us who live [n ~'.c area and adds even more traffic on m~ already crowded Davis Boulevard,..,.,.:.,,,, Barbara Boulevard. Further, it cat:sc.; m",,.~..re cond[t[op~. Your imn:edbte reversal of'this dczisfon is rcquezted. t[omenwner Address bLay ! 3, 1999 TO: Collier Count.',,' Commissioners RE: Kings Way Closing PETFNON Thc fo!:o,.ving Ccqticr Count'..' ttomcov.'ncrs request that you rc,.'c:sc )'o,ar dccbion to close Kings Way to public traffic. Th. is closure poses a sef, ous inconvenience to those of us w?.o live in fi~e ~rea and adds even more trmqic on :m already crowded Da~ds Boulcva:'d~ Air?or~ Road. ~:nd S~,ta B,~zba:a Boulevard. Further, h causes un..~.fe conditions. /0'1 / May 13, 1999 TO: Collicr'County Commissioncrs RE: K~s Way Closing PE'ITnON The £oI!owing ColJier Count,',' Homeowners request that you reverse .,,'our decision to close Kings Nv'ay to public tra~c. Th. is c!osure poses a serious k:convenicnce to tJ~ose of us ','.'ho live in the a:-e'a and adds even more traRic or: an a[reaciy crowded Davis Boulevard, ..\iq,orr Road, and B,,zrb',~a Boulevz~-d. rural:er, it causes u~-~_a£e conditiot:s. Tour immedhte re','c,~1 o['this deciz!on ks requested. ' May 13, 1999 TO: Collier County Commissioners RE: Kir, gs Way Closing PETITION T'~:e 5)]!ov, Sng Coil{ct Cou. nb' Hon:co~x,~crs request that you reverse yot~: dec!sion to close Kings 'O/ay to public traffic. Tt'~is closure poses a serious i:convcnience to Q~ose of us v4:o liv,_' i;: the are:t :'.nd adds even more traE~c on ,'~ a_lready crowded Da',% Boulevard..,\::;:o,< Re:ad, pzt'd Santa Ba..-bara Bou. leva.rd. FurLher, it causes t',p_<afe conditiop, s. Your immediate rc;'e,.~.l oFthLs decision is requested. ~L~y 13, 19991 TO: Collier Counts' Commissioners RE: Kings Way Closing p:rno Thc fol!o~Sng Co[lier Count'.,' Homcowr,.crs request that you reverse 5'our decision to close ~n~s ",\"ay to pubic tra~c. This closure poses a serious hnconveNencc to those of us who live Lq tine area :md adds even more ~a~c on mn ~ready crowded Daxis Boulevard, AirFon !load. and S:mta B~ba;a Bo~cvard. Further, it camses m~xfe conditiopz. Your immcdhte rc','ers~ oft}tLs decision ~ requested. tt'omcowner Address b,t~y 13, 1999 TO: CoLlier County Commissioners RE: Kings Way Closing PETITION Thc fo!!owing Collier County Homeowners request that you reverse you: dec[sion to dose Kin2s Way to punic traffic. T,hZs c!os',,.u'e poses a serious inconvenience to those of us who live in ~hc area and adds even more 'traffic on ~ already crowded Da;Ss Boulevard, Air2or~ P. oad. B~bz~a Boulevard. Fur'&er, it causes 'un_~'e conditiorz. Your immediate revers, x! ofthfs decision is requested. Homeo~vner Address Phone May 13, 1999 TO: Collier CounD' Commissioners RE: Kings Way Closing PETITION 'I'he f'oi!o;t'ing Co[lier Count>,' Homeox'.~crs request that you r:z'.'ers--, your dezisien to close Kings \Vay to pubtic traflSc. Th/s c!osure poses a se:,ious inconvenience to those of us who lJ,.'c in the ar',':: and adds even more trattSc on mi ........ : crowded Davis Boulevard,..\.,...or, ~.._..~,. and Santa B~ba-a Bogeyed. Further, it ca~es unsafe conditions. You:' immediate reve:'sai or'this decision i.s recuestsd. /~ ep',',: u e r ...-'-~ :~. d dress ~ o_.En c. / ...-.---- ~ /7- /? ' (l,., '.:,,' '',, ',''. ,), - ' '"'-J< ,t ,...--tx ~'~', ,'-"t';t, oC(;', ,-, ~ :2 ~'~, ':;J' a. ),, 7 "7/' ~ ~d ' , , ,,_. . ,:,,,./,..._ .'...,, .,.>-,..,., ...v ....-. ~,, .; -)",~/.~,x.,,-, ........ .... ,., :./,- :~ ~ -..., ,. ,,.x-:,?_,,. . 7.., .,, -- 71 May 13, 1999 TO: Collier County Commissioners RE: Kings x,~v Closing T"ne fo!!owing Collier Count?' Homeo~'mcrs request that .you reverse >'our decisior: to cIoze K.~qgs Way tO public tra~c. This closure poses a se:5ous L:con','enience to those of us wEo live in the area azd adds even more tr~c on an aJr~:ady crowded Davis Boulevard, .-~.,~o,, Road. and Sm'~ta Bm-b,~xa BoU-levard. Fur'&er, it ca,es un.safe conditiopz. "r'eur ira, mediate reverzo.1 of this decision is requested. I]'omeowner Address Phone /'q / .fl ? ,." May 13, 1999 TO: Collier County Commissioners RE: KL,~gs Way Closing P ETTFION 'l'Ze Foi!o~5.tig Collier CourtD' [-.rom,.'e~','t:ers reqt~est th~.t you re','crse ,,'ot~r decisi,.>r; to close Kings Way to public traffic. "f't~N closu;~poses a serious Lp. con'<enie, nc= to t~b. ose of us wl~o live ir', tl:e area aw, d adds even more traffic on ~t ah'~:ad.,,' cro',vded Dav:m Bot:!evard, A?ort ?,end, ::r.d Sar, ta B=b~a Bogeyed. Fur'd',:r, it causes ~'m..sMe conditior~s. 'r'o'~' L'?.mediate rc,.'c~l ofth'Ls decision is requested. A d d tess May 13, 1999 TO: Collie ount5 Commissioncrs RE: Kings,iay Closbg PETITION J. ~n~s Way to public ~c. ~is c!os~ poses a se,b~s incon','cr:ence to those of us who live in ,F,- area and aacs even more tr~c on m~ alreaav c:owcc~ Da;~ Bouievard, Airport Road. Barba-a Bo~c','~d. F'uy~er, it ca~cs up--re condhioc~. Your immedbte rcvc~al oft~s decb[on b requested. Homcnwncr Addrcss Phone :~ .2-:~,.. :-. , ~ ' " r'''7 LI'. 'F, .-~_.~- ~ >z.,~ ~., .,_ ~ ~. c,,_.L~-l--~ ..... ,/>~ X ' .: ~: ~ . ,'c d" I, ,' May 13, 1999 TO: CoLlier Coumy Commkssioners RI-'.: K_in~s ~!i~Vay Closin~ · PETI]]ON The f,.')tlow'ing Cc~llicr Cmmty Homeowners request thnt ycm reverse your' dc:',.~ion Io close Kings ",ray to public traffic. This closure poses a serious inconvenience to those of u:; who live in I!',c area and adds even more traffic on an alreadv, crowded Davis Boulevard, Phone Ba.rbaza Bo~evard. Further, it causes u,~afe conditions. Your immediate reversal of this decksion ks requested. Horn eow n er A d d tess ,! May l 3, 1999 TO: Collier County Commissioners RE: Kings Way Closing ~.. PETITION Thc roi!owing ~Col:cr County riomcov,'ncrs'~rcqucst that you reverse ,','our decision to c!osc Kings \Vay tO'puNk traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and San:a Barbara Boulevard. Further, it causes un.~fe conditions. Your immediate reversal oft}tis decision is requested. llom town er A d d tess 'r)d.,~ ].. ;'., :~ ,,. . / 2-.,.;¢ ~.~ ~.~.,.~ t .. ,. ~ ~. ,.- . .:~,. ~ ...' __ .... . _ , ."", , ,',. fi,./,, ,~,~ ,, '-" } 'o ~ ._ · (¢,:::---~x<_ :~: ,>...:.. :-,..,.-.: ~. . , ] / ~,~, ,,.. ,1~ .. . ((l '":&/ 472 ' '"'-' .~ ~ , i,., ,.~ _ ~ :,/.%( _.~. .,t ,: ../ , / .... I Ph.nc tl KEEP KINGS WAY OPEN TO TIlE i~UBI~IC The undersigned, a rcsiclcnt ot'Collicr County, is Ol)pOSCd to closi~g i<in~s Way in l:oxfire lo public access. This cl°sinu is m~t i~ thc interest ol'tl~c majority ot'rcsidc~ls ot'tl~c area who use this roadway tbr local access (shopping, banks, doctors, cie.) bctxvccn lDavis Blvd. :iud Radio Road s. ~: Arco. msi¢tcration off KEEP KINGS WAY OPEN TO TI'IE PUI?,I The undersigr~ed, a resi¢tcnl of Collier Count.v, is opposed to closing Kings Way in Foxfire lo public access. TI'tis closing is not in the imcrcst of the maioritv of residents of thc area who use tl',s roadway tot local access (shopt)~ng, bax~ks, doctors, etc.) belv,'ccn I)avis Igl'vd. and Radic~ Roads. ~ 'I'EI,EI)II()NE ,v, '," :, KE~ Thc undersigl~ed, a resident oF Collicr County, is oppc~scd to closing 14ings W:~v in l:oxfire to public access. This closing is not in tl~c interest oF tl~e majority oF rcs,dents oF Iht area who use this roadway For local access (shoDl)ing, banks, doctors, etc.) between Davis lllvd, and l~adio Roads. ~ 'i'1,: 1,1.:1'! ION i'; ;'l KEEP KINGS W:\Y OPEN TO 71115 I)[JI~,I_,IC The t~ndersigrtccl, ~. remittent of Collier Cot~nty, is opposed to closing i<ings W:~x' i~ l:oxfire public access, il~is cl6sinu is ~ot in thc interest of thc major/t>' of rcsidci~s off thc ;~rca who usc this roadway for Iocal~acccss (shoppint3, bru~ks, doctors, etc.) l)etxx'cc~ 1):~x'is 131x'd. and Roads. A reconsidcr;~tio~ of this decision is rcqt~estcd. ,.\ 1)1)I~, ICSS 'i'iC l.lq 1~I I()X i'; KEEP KINGS WAY OPEN TO THE I:'UBLIC public access. This clggin~ is not in the interest ofll~e majority of residents of thc area who usc this roadway tbr loca[*r~cccss shopping, banks, doctors, etc.) bctwcc~ I)avis Blvd. and R:xtio Roads. ~; A recc, nsideratior~ of ti'tis ¢tec~sion is requested. .N,.\5II.~ ~! .-\I)I)I{I{SS / '1' I'; 1 ,!{1'1 I()N I.~ May 13, t 999 TO: Collier Ceunty Commissior. crs RE: Kh~gs },Vay Clesing PETITION ,,~ ~,~, ~e follo;;qng Collier County }-Iomco;~acr~ request lllat you reverse your docS;ion to ciosc Kinas Way'~b public tm~c. T,is c,os~poses a serious inconvenience to those of us who live in the area and adds even rnore~r~c on an alrcadv crowded Da~Ss Boulcvard, Air¢ort Read~ :md Santa Barbara B°~ev~d. Fun~er, it ca~cs t~fe condition. Your immedhte revcr~ of this decision is requested. Homeowner Address Phane ~ ~;~ ~ ~' .'-~ . ., ~ c ' , ~ ' . < ( ~. ~ / ; ~ 'r / (~ , :~ / , / , / ', ,, , , q - , ~, ../~?" . May 13, 1999 TO' Collie!County Commissioners RE: Kings Way Closing Thc folN, Wilog:., Kings Way public traffic. PETITION Collier Count.,,' :mmee~mcr.~'~'equest that you reverse yo,~r dec[sion to close Th, is closure'` poses a serious inconvenience to those of us who live in the area and adds even more!traffic on an alrcady crowded Davis Boulevard, Airport Road. and Sm~ta B~bara BOUlevard. Fu~er, it causes ui~xfe conditions. Your imme~dhte reversal of this decision Ls requested. ~tomemvner Address Phone ~ - t ~ r_ ~ t / / , 'Lc , '-:'" ~../../ ~.'~.- lt,'... '" ' :/'.~',.,.~'~ l-' ~ ' //..:~x. 9 y-"> _,-c~.. ,'. >, 5r: ~, ( } .7-~. ~-t./,,~ ,/,~: ' ~1; ;-',~Q(-L ~4' ,"~ :,:t- May 13, 1999 TO: Colliei.Cou y Commissioners RE: Kings ~W. ay Closing Kin~s Way ~:~ PETITION }tomeowncr.~,requ¢~t that you reverse ';'o.., Co tlicr County public traffic. Io close This closur~poses a serious inconvenience to those of us who live in thc area and adds even morc}iraffic'"' on a.n already crowded Davis Boulevard, Airport Road, and Santa Barbara Bo~ev~d. F~her, it causes ~e conditiom. Your immedhte rcve~ of this decision b requested. Tlomeowner Address Phone ~ ,' TO: Collicx RE: Kings 13, 1999 Count3' Commissioners 'ay Closing ,+~ (:%./o% PETITION The follovAr Collier Count,-,' rmmeox,mer.~,request that you reverse your d,.'cision to close KLngs Way t~ punic traff~c. This c!osur~oses a serious inconvenience to those of us who live in thc m'ea ~md adds even more traffic on an alrcady crowded Davis Boulevard, Airport Rond, and Santa Barba. ra BoUlevard. Further, it causes un.~afe conditions. Your immediate rever'r~al of this decision is requested. Homeowner Address Phone # / ._--- 'r ~'": / '~ - ' /~ ~ // ) ' ' ' / /:7t May 13, 199 TO: Collier Count3.' Commissioners RE: Kings W ~7 Closing PETITION Thc followinl 'Collier Count>' l lomcowncr~,tcqucst that you reverse yc,r decision to close Kings \\'ay tolpublic traffic. This closure poses a serious inconvenience to those of us who live in the area and adds eX'Ch more traffic on an already crowded Davis Boulevard, Airport Ro:'~d. and Santa B~bara Boulevard. Ftu-ther, it causes unsafe conditions. Your imm,.diatc rcvemal of this decision is requested. .....ff.~ tlomewwner F, Address Phnnc ti ? v: - ¢ May 1~, 199~ TO: Collie ,, 2ounty Commissioners RE: Kings~W, ay Closing Thc following Collier Caun,v Homeowncr~request that you reverse yc ..r decision to c!osc Kings Way ~t,9 pubhc traffic. This closur~ poses a serious inconvenience to those of us who live in t}xc area and adds even moreAraffic on ,'m already crowded Davis Boulevard, Airport Road, :m~ Santa Barbara BoUlev~d. Further, it causes unsafe conditions. Your immedhte re,.'cr~'~l of this decision is requested. May 13, 1999~ TO: Collier County Commissioners RE: Kings Way Closing ': PETITION Thc follovdn[ Collier Counts' }Iomcowncrs request that you rcvcrsc ye:'? decision to close Kmgs \\'ay to. pubhc traffic. This closure'Poses a serious inconvenience to those of' us wino iivc in the area and adds even more''~raffi, c on ~'m already crowded Dax4s Boulevard, AiriTort Road, and Santa Barbara Boulevard. Further, it causes unsafe cond[tion.s. Your immediate rcvcrmd of this decision is requested. ttomeowner Address Phone ~. -] /¥, ' .d , Ma}' 13, 1999 TO: Cotlie~ ~ounty Commissioners RE: Kings 'ay Closing PETITION The tbllov.q,n§ Collier Count',,' }Iomeovmcrs request that you reverse yo'," decision to ciosc Kings Way !o public tmf~c. This closur~poscs a serious Nconveniencc to those of us who live in the area :md adds cvcn more'i'raflk*" on an al, cadyl" crowded Davis Bou!cvard, Airport Ko:rd, and Santa B=bara Bo~ev=d. Further, it causes unsafk condition. Your immedhte reversal of this dccisim~ ks requested. ttom town er A d d ross ', ~- ..... , , . ...,..,.' 'C'.:.z / J ff'{~z-,. ,::} ,. : ::L:~,.,., ""' ,,..,., ~. ,.,, ''~..',': 4:..:', :-,./...v~. I ;EP KINGS WAY' OPEN 'FO THE PUBI.,I res/dent of Coil;er Courtly, is ~gposed to closing Kings closing is nc)t ir, the interest oCthe majot'ity of rcs/dents of ti al access (shopping, banks, doclors, cie.) between Davis BI' ..\ 1)1) R EN..%.' T ../ /_:",.?.: May 13, 1 TO: Collier ~otmty Commissioners RE: Kings W..ay Closing i! ' PETITION The foltowir Collier County Homeowners request that you reverse ':'our deci:;ion to close Kings Way t~public tmflic. This closureiboses ct serious inconvenience to those of us who live in the area and adds even more ~r:~c on an already crowded Da'ds Boulev~d, Air?orr Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of tn:., decision is requested. IIomeowner i May l 3, 1999j TO: Collier C~untv RE: Kings ",iy Closing Commissioners PETITION The fbllowir Collier County t.{omeowncrs request that you reverse your decision to close Kings Wa,,' t ublic traffic. TNs cio:mm,poses a serious mcon:'emence to those of us who live in the area and adds even more tr~c on ~ already crowded Da~% Boulevard, Airport Road. and Santa Barbxa Bogeyed. Further, it causes ua~fe condition. Your immed'~te rcver~ql of this decision is requested. It ~eowner Address Phone ~ llB / May 13, 1999) TO: Collier ~C0unty Commissioners RE: Kings W.~y Closing PETITION The f'ollox,'in§ Collier County }tomcowncrs request that you reverse your decision to close Kings \Vay t6 public traf'fic~ This closure:iposes a serious inconvenience to those of' us who live in the area nnd adds cvcn more (r~ffic on an abcady crowded Davis Boulevard, Air?orr Road, xnd Sama Barbara Boulevard. Further, it causes unsafe conditiens. Your immediate reversal of ttnis decision is requested. Homeowner 'z ,: ?' ,' { '" ~ /,Q~_' .~,c, t,/~'. "" ~' , ' / f.; . ~ ~ 57".-~;~ "" / l.,..: .--: ?? , '?:z__: PL.__ ,: .:::.- '.. / May 13, !999 TO: ColLier~t~ounty Commissioners RE: Kings Way Closing "lib The follmving Kings Way This c[osuri PETITION Collier Count,,,' }tomeowncrs request that you reverse yo, . decision to close public traffic. ,oses a serious inconvenience to those of us who [ivc in the area and adds cvcn more raffle on an already crowded Davkn Boulevard, Airport Rna& ::nd Santa Barl:ara Bo levard. Further, it causes unsafe conditions. Your imm. ~ate rever.~l of this decision is requested. :\ d d ross Phnnc ;i blay 13, 199 'FO: Colher RE: Kings · ounty Commissioners Closing PETITION lib The Collier County Homeowners request that you reverse your decision to close Kings Way public traffic. This closur¢~poses a serious inconvenience to those of us who live in the area and adds even more ti'affic on ,'m already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. A d d tess P h o n e ~t May 13, 19! TO: ColHcr.County Commiss{oncrs RE: KLngs ~V~ay Clos{ng PETITION 'l-t~e followiffg Collier'i~ Co,mtx ITomeowt~er, reque:t that you reverse ,.'our dccisien to close Kings Way td public traffic. ~n,.s c,osure~poscs a scnou., inconvenience to those of us who live in fl~,.: area anct adds · I,.oao, Santa even more t/',nJTfic on an ah'cadv crowded Davis t3oulcvz,.rd, ,,\irp~rt ' ; anJ Barb~a Boulevard. Further, it causes tm.~fe conditions. Your immcd~tc reversal of this decision is requested. Homco, wner Address Phnne,," 12 '? ',, <" '+ --~' '"' ';' '; '~' ?. < ~ ..~'< ,~ ,. ,..,/ · , ,. Nth.,,' 13, 1999 ~ . ~.. ./,' ..' , ~: Kings X~ ClosNg PET~ON %e Dtlow~ng Cother County Homcox~cr~xrequest that you reverse yo ~r decision to close ~ngs Way to.public traffic. This clos~e~oses a serious Nconvenience to those of us who tire in the area and adds even more~'~ffic on an already, crowded Davis Boulevard, Ai~ort Road, and Santa Barb~a Bo~'~d. F~er, it causes ~e condition. Your immedNte rcvcmaJ of this decision is requested. Hgmeowner Address Phone ~ ,__,.: ~ .,~_ z ~, L~:~ 7. ~" .zr,-,: d~.d'; c:,l ~ .> _ TO: Collier RE: ICings Kings Way t~ anty Commissioners PETITION :ollier County tIomeowner.~ reque.4 that you reverse your decisim~ to close )ub!i¢ traffic. ]'his closure:poses a serious inconvenience to those of us who live in the area and adds even more traffic on m~ already crowded Davis Boulevard, Airport Road, a2d Santa I'tarbzu-a Boulevard. Further, it causes un.safe conditions. Your immediate reversal of this decision is requested. lt~"m e Add ross ..-',~h-'f "/,; ;'; ' .. ,Y KEEP KINGS \VAY OPEN TO TIlE PUBLIC Thc tmdcrsigned, a r¢.~dcnt o£Collier County, is opposed to closing Kings Way in Foxfirc to public access. This Closin~ is not in the interest oF thc majority of residents of ~he area who use this roadw% tbr local~cccss (shopping, banks, doctors, etc.) betwee~ Davis Blvd. and Rnctio Roads. ~ A reconsideration of [~i decisio~ is requested. .NANIE ~ ,-Xl)i)I~ESS 'I'EI,EI'IIONE /: //"7' 7 2 May 13, 19j ! · TO: Collic~ ~ountv RE: K. ings Commissioners Closing Thc follow Kings \Vay PETITION Collier County t lomeowncrs.request that you public traffic. reverse your decision to close '¥his poses a serious inconvenience to those of us who live in lite area and adds even morel 'af'5,.c on m', already, crowded Davis Boulevard, A{:-port 'Roa,~," and S:m~a B~bara :vard. Further, it causes unsafe conditions. Your immediate reversal of this decision Ls requested. llomeowner Address Phone # ': ',' " ',' ",;d '? I(EEP I(INGS WAY OPEN TO THE PLIBLIC The tmdc~-sig,.,;lcd, n res~ctc~lt et'Collier Cot~t~ty, is opposed to closi~lg l(i~s XN':~>' i~ Iroxfirc to public access. This closit~ ~s ~ot ~;~ tl~c i~tcrcst of thc maiorit¥ off ;'csidc~ts tl~s roadway>, for local;access (sl~opp~ng, b~t~t<s, doctors, otc.) t>ct~vcct~ Roads. A reco~'~si(ic~'atior~ of 'I'ICI,I']I~I IONIC '" ' " I L' I May 13, 1 TO: Collier~ounty Commissioners RE: Kings ~.ay Closing PETITION Tile following Collier Count')' t lomcowncr~rcqucst that you rcvcrsc ,','our decision to close Kings Wayt~:'*~ public traflSc. This closure,?poses a serious inconvenience to those of us who live in the :~ca and adds even more Fraffic on an already crowded Da,As Boulevard, Airport Road, and Santa Barb~a BoU~evard. Further,' it causes tmsafe conditions. Your immegte reversal of this decision is requested. tldmcowner Address Pi~nnr, "" ,,'": · / ,:/ ~' ~x i'1 ~,'~ '~ / ' '" '-' ~ !~,: '1 ;_,/. A'/,? . /<:'q7 May 13, 1929. TO' Collici'~~,.~out~ty Commissioners RE: Kings i {ay Closing ~ , x~r PETITION Khn2s Way 9 public traffic. This cbsur ~Iposcs a serious inconvenience to those of us who live in thc area and adds traffic on ~ already crowded Davis Boulcvm-d, Airport Road, and CVC[1 iTI. OFt2 B,~bara Bo :evard. Further, it causes uxz.~,"tfc conditions. Your imme'~ itc rever.sal of this decision is requested. omeowner Address ,,' /; .~: . / ~ ..~f, . , . ,' / , , ..,..~f ~ /~. / ' · ¢"'C Phone 'FO: Collier ,unty Commissioners RE: Kings W~y Closing PETITION, The roi o vmg Colher Coanty Homeox~n~ers request that you reverse your decision to close Kints Way t6~public traffic. This closure~oses a serious inconvenience to those of us who live in thc area and adds even more ~afl~c on zm already crowded Davis Boulevard, Airpor~ Road, aad Santa Barbara BoU~v=d. Further, it causes m~q.fc conditions. Your immedmte reversal of this decision is requested. II'me,re'ncr Address l'houe May 13, 19! TO: Collier County Corrtmissioncrs RE: Kings ~ly Closing ! PETITION The followi~ '.ollicr County Homeo',vner.~req~lest that you reverse 5'ot~r decision to close Kings Way mblic This dosur~ =oses a serious inconveni:nce to lhose of us who live in thc area and adds even more i on an already crowded Davis Boulevard, Airport Road. :md Santa B~bara Bod~v~d. Fu:hcr, it causes tuk~qfc conditioms. Your immedlate revcrsa! of th~s decision is requested. l[~mcowner May l 3, 19~ TO: Coil/, f~County Conunissioncrs 1i8 RE: Kings qay Closing PETITION 'Die follow..~g CoIlicr County tmmcoxxu,cr~rcqucst th:it yOll reverse your dccish,n to close public tra~c. OSCS a on :m alrcady crowded Davis Boulevard, ,Airport },h~ad, :md Santa eyed. F~cr, it c:mscs unsafe conditions. Your immediate rcvcm~l oftlfis decision is rcquestcd. A{ldress Phone ~t tlbmenwnt;r May 13, 199~9 TO: Collict:~ounty Commissioners RE: Kingslay Closing PETITION iI .~,'~.~' . '~, Tlne follou~5~? Collier County Homcowncr~rcqucst that you rcvcrsc your decision to close Kings Way public traffic. This closm >oscs a serious inconvcMence to those of us who live in thc area and adds even more rafl~c on mn mrcady crowded [)av~s Boulevard, Airport Road, and Santa B~bara Bo~evard. Further, it causes umaf~ conditiom. Your immefliate rcverml of this decision is requested. / I b/my ! 3, 199! TO: Collicr COunty Commissioners RE: Kings ~ Closing i'y PETITION Collier · ~ ~ ~' ~ ' . ~e following Qounty }{omcoxxmcrs~requcst that you revcrs~ ym~r dcc~sxon to close ~gs X~ ay t~pub~c traffic. %2x~ closure~oscs a schous inconve~dencc to those of us who tire in thc area and ;~dds even more ~'~c on zm already crowded Davis Boulcvz:d, Airport llo:~d, and Santa Barb~a Bogeyed. Further, it causes u~xte conditions. Your immed~te rcvc~ of this decision is requested. ltom emv n e r Ad d tess i :.,, ,-.;..'5: :. ? May 13, 19c TO: Collie RE' Kings Tim followin( Kings Way This closur, CVCII more iounty Cornmissiorlcrs ay Closing PETY['ION Collier County l lomco',vncrs rc(tucst that you reverse y¢,..r d:.'cision to close )ublic batik. Barb~a Bo ~evard. Further, it causes u~afc conditions. Your imm ~te re:'ersal of this decision is requested. poses a serious inconvenience to those of us who live in the area and adds 'affic on aa already crowded Davis I3oulcvard, .,\ir?o: Ruad, and Santa .? KEEP KINGS WAY OPEN 'FO THE I'UI.IL, IC Thc ur~dersim~cd, a re~dcnt of Collier County, is opposed to closing Kings \Var in F'oxfi,'e to . I'h~s cl0s~ne ~s t~ot in thc mtcrcst oF thc majority or" residents oF thc area who usc publ,c acccs~ ~ ~ iicccs, s (sh°pl)ing' bankS'Road°. . this ro~ad',.va5 for local doctors, etc.) between D:tvis Blvd. and Radio A reconsideration oft'Ii'is clccision is requested. .N,,\~IE ..\ IiI) R I'}SS Tl'~l,l.} pI lONE ~ , · KE~P I(INGS WAY OPEN TO TIlE /'UBLIC The tmdcrsigr~cd, a re':dent off Collier County, is opposed to closing l(ings NV;iv in Foxfi re to public ,access. This c~sing~ is m~t in thc info,Test of the mtkiority of residents of t[~c area who usc this roadway tbr [oral'cress (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A recon:'dcrations~ off this decision is requested. ,,,,,, 1', \ · ,\ I)I)I~.I';SS 'i'l,kl.l(l'i I()N 1'; KEEP KINGS WAY OPEN TO Till'; I'UI~I_,IC The undcrsim~cd, a re'dent of Collier County, is opposed to closing Kings Way public access. This ~si~u is not i~ linc inlcrcsl oF linc m~[iority ot' rcsidct~ls o1' linc area who usc this roadway lbr local~ Roads. A rcco'n sid,c r:.,.~ior~ of / ~Icccss (shoPl)ir~g, ['~al~ks. doctors, etc.) betw,ecn [)avis lllvd, arid Radio J. KEI~ The uridersigr~ed, a public access. This Roads. A reconsideration ofiis NA~I~ ,P KINGS WAY OPEN TO TI-IE PUBLIC ',idcnt of Collicr County, is opposcd to closing Kings \Var in Foxfirc to )sintt is not in the imercst of the majority ot'residems of thc area who usc tl~is roadv.'ay for locai t.. ,- . - - access (shoppn'~U, banks, doctors, tlc.) belv,'ccn Davis Bl,,'d. and Radio decision is requested. ,.\I)I)RESS 'I'EI,Ei"I 1ONE .J I May 13,. il 9j TO: Collic °,-,ty Com,a . ion0rs RE: Kingsi ay Closing ~ ' PE'iTTION \ ~e Collow~r C Collier County }tomcowncr,~ request that you reverse your dccis{o',~ to close public tra~c. ~oses a serious inconvenience to those of us who live in the area and adds on ~ already crowded Davis Boulevard, Ai~o~ Road, and Santa :v~d. Fu~her; it causes u~e conditions. Your imme~t: rcvcr~l of this decision is requested. ~ ,.. -,,.,- . ~ . May 13, 19 TO: CollJer~0'unty Commissioners R£: ~Gn~s iy Closing ! The fb tIowi¢, ,Co PETITION Ilier County Homeowner.~rcquest that you reverse vo'..r decision to close Kings Way {~Public traffic. ' ' ' This closur~oses a seNous inconvenience to those of us who live in the area and adds even more:~c:~ on ~ alrcadv, crox,'ded" Davis Boulevard, Airport Road, :md Santa B~b~a Bo~v~d, Ftmher, it ca.es u~e conditions. Your immedmte rcve~l of this decision is requested. Ilom eown er A(t d tess l'h on e Il May 13, 19~ TO: Collicr~)unty Commissioners PETFTION The follo,M.l Collier County Homcovmcr~rcquest that you rcvcrsc ycmr decision Io close Kings Way This closur even more Barbara Bo Your imme~ '~public trafEc. poses a serious inconvenience to those of us who live in thc area and adds xaffic on an already crowded Davis Boulevard, ,,\irport P,o:',d, aad Santa Ward. Further, it causes unxzfe conditions. ~te rcvcr~ of this dec,ion k rcqucsted. li~meowner Address Phnne ~ .,:' // , . ~ 1/" t / .iI .,J , / ' /- o,! I // May' 13, 1.91 PETFI'ION The followin )llier County l-lomeovmer quest that you reverse ,,,'o ~,r decision to close Kings Way tc 'I't~is closure a serious inconvenience to those of us who live in thc area and adds even more tl ['tic on mi already crowded Davis Boulevard, Airport Road, ;:nd Santa Barbara Boulii~d. Fyrthcr, it causes unsafe conditions. Your immcdia'i'~ reversal oft}tis decision is requested. tlomeow n er Add tess Ph ~m e ~ May 13, 199! TO: Collier ty Conxnissioncrs PETITION The fi'fllowin Cotmtv I-lomcox,,Tmr.~,rcquest that you reverse your dcc~sion to ch)sc · ~_. Kmes Way to~p~ublic trafSc. This closurep~scs a serious inconvenience to those of us who live in lbo area anti adds even more t~2~c on an already crowded Davis Boulevard, Airport Road, and Santa B,~bara BouI¢~ard. Further, 't c~uses unsafe conditions. reversal oft),is decision is requested. Homeowner Address }'h~ne H ,May 13, 19! TO: Collie RE: Kings Thc rollowin Kings \Vay unty Com:n{ssioncrs Closing PETITION ]ollicr County }Ion'~cowncrs~rcqu,.:st that you reverse your decision to close mblic traflic. This closure CVCIi more Barbara Boulevard. Further, it causes unsafe conditions. Your imm¢~[mtc reversal of this decision is requested. ~I16 n'i emv. e r ,,\ d {l ross ~oses a serious inconvcnicnce to those of us who live in ;he area and adds xf'fic on an already crowded Davis Boulcvard, Airport Road, and Santa Phone TO: Coltie~otmty Commissioners RE: KJngs:i 'ay Closing 1 The roilo~nn Kbgs Way This closu everl moral Barbara B( PETITION Collier Count)' }'lomeowncr~rcqucst that you reverse your decision to close public traffic. poses a serious inconvenience to those of us who live ~ the area and adds :affic on an already crowded Davis Boulevard, Airport Road, and S,'mta :yard. Further, it causes un..~"ffc conditions. ~'ite reversal of this decision is requested· May 13, 19' TO: Col[R RE: K. ingsi ounty Commissioncrs Closing PETITION The ffollow! Collier Co'.mtv }tomcoxvnerr~request that you rc'.'ersc vour dccmion ~o close Kings Wayt9 pubhc trat~c. Thisclosu;~oscsa scriousinconvcnicncetotho~cof us who[irc in thcarcaandadds even morc~r~c on ~ already crowded Da~s Bou]cvard, Airport Road, and Sama Barb~a B~ev~d. Fumher, it causes ~e condition. Your imme~atc rcversal of this decision b requested. ~2m ea~ ncr ~ clot tess '] 5' ' "' i/ L'l . , % x.x., l1 May 13, 199j TO: Collier C~tmty ILE: KLngs ~y Closing ig~~~ollier Cotmnissioners PETITION The follo,,vir County rtom'.'ox~,'ncrs~rcqucst that you reverse }'our decision to close KLngs Way t( mbLic trafBc. This closure] :oses a serious inconvenience to those of us who live in the area and adds even more fmc on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulavard. Further, it causes unsafe conditions. Your immcd'~te reversal of this decLsion is requested. I! omeowner Address Phnne ~ ' . . 5>. -~ '~Y.: N~ay 13, 199 TO: Coilicr County Commissioncrs RE: Kings Closing Thc foil< .Kings Wa), PETFFION County Ptorneowncr~reque.,t that you reverse your ct¢cision to close mblic traffic. This closur, >oses a serious inconvenience to those of us who live in the area ~d adds even more t~c on an already crowded Davis Boulevard, Airpart P,.oad. and Santa Barbara Boul~vard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. t eowner Address May 13, 19 TO: Collier C'ounty Commissioners R_E: Khngs Closing The folio,Mi Kings Way This closur¢i] even more PETITION :oilier County Homeoxxmer},rcquest that :,'ou reverse your decision to close mblic trat~c. >oscs a serious inconvenience to those of us who live in thc area and adds on an already crowded Davis Boulevard, Airport Road, arid Santa Barbara BoUlevard. Further, it causes unsafe conditioms. Your immed~te reversal of this decision is requested. Ilom eown er A d tl ross ',~(f~r '" · .~- ~'_--k ..,._,,,..,.,,_. X. '.-,. '/5.-<,.~.C-'. ~ t '-./ ,/~l/ , 'd '"' $ A': " /"- -'-~1' 'I ~?- "' ," ' Phone t ? tx.., k_ , May 13, 1999 TO: Collier County Comn'fissioncrs RE: Kings Way Closing PETI-17ION The f'ollowing Collier County lqomeowncr.~xrequest that you reverse your decision Kis~gs \Vay to public traffic. to close T'nis closure poses a serious inconvenience to those of us who live in ~hc area and adds even more traffic on m~ already crowded Davis Boulevard, ,,\irport l<oad, and Santa Barbara Boulcvard. Furl. her, it causes unsafe conditions. Your immediate reversal of this deci:;ion is requested. May 13, 1999 TO: Colliit;lnty Commissioners RE: f~ig Closing PETITION Collier County rtomcox~,cr~request that you reverse your deeis{on to close pub[lc traffic. TbJs closOr¢ poses a serious inconvenience to those of us who live in ~l~e area ~d adds crowded Da,ds Road, even mor~;~trat'fic on an already Boulevard, Airport and Santa Barbara Bo~,.vard. Further, ~t causes un.~afe condmons. Your imm~d'ht¢ rcver~I of this decision is requested. HOmeowner Address Phnne # MayI3, 199' 'FO: Collier Gounty Commissioncrs }~F2: Kings\~ Closing PETITION %qe follovAn~ Collier County Homeox~cr.4 request that you reverse your decision to close Kings \V%v ti mblic traffic. This closur( ..Roses a serious inconvenience to those of us who [i,,'c Ln the area and adds even more traflSc on ,'m already crowded Da'As Boulevard, ,.\irport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. I,.I May 13, 1999 TO: Collier County Corrmfissioncrs RE: Kings Way Closing PEqTFION The following Collier County Homcowner~rcqucst that you rcvcrsc >'our decision to closc Kings Way to pubtJc traflSc. This closure poses a serious inconvenience to those of us who live in thc area ,and adds even more traffic on an already crowded Davis Boulevard, Airport Road. and Santa Barbara Boulevard. Further, it causes uns,"d'e conditions. Your immediate revemal ofthis decision is requested. Phone ".( ~ :*-(7R May 13, 1999 TO: Collier Cotmty Commissioners RE: Kings Way Closing PETITION The following Collier County Homcowner~requcst that vou reverse your decision ~o close Kings Wa)' to pubfi¢ traflfic. This closure poses a serious inconvenience to those o£ us who live in the area .'md adds even more traffic on an already crowded Davis BouIevard, Airport Road, and Santa Barbara Boulevard. Further, it causes un.safe conditions. Your immediate reversal of this decision is requested. Homeowner ol May 13, 19 TO: Collie,r'~tmty Commissioners RE: Kings '9/~iy Closing PETITION The follox~dn Collier Count)' Homeowner~,request that you reverse >'our decision to close Kings Way ti ,ublic. traffic. · This closureI p. oses a serious inconvenience to those of us who live in the area and adds even more ~cfi¢ on an already crowded Da,As Boulevard, Airport Road, and Santa Ba;bara Bo~"'ard. Further, it causes unsafe conditions. Your immed reversal of this decision ~_s requestcd. l t omeowner Address .,'W i. , i,'/ /,' // ...:-,.- : . cZ",., , ,~.I,.,,,, , w',,~: ,x,-:. ~.,-'.~ . , -/ . :? .'., , .. ._ ,'\ ,... /--, ~, J " 'x._)./' / "<",/ ' '~ /' ' ! / Hz') x" / .+ , -/ 1,~, .,"' - ' __ :: .... :,"'i. '.,.:: .i:-:-.; ..... '. ' ,.-.,. '~-,., , " ,']~I -:~,' ,, ,: " May t 3, 1999 TO: Collier County Cor~m'2ssioners P,.E: }Lings Way Closing PETITION The following Collier County Homeov,,-ner&request that you reverse your decision to close Kings Way to public traflSc.. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an akeady crowded Davis Boulevard, Airport P, oad, and Santa Barbara Boulevard. Further, it causes tmsafe conditions. Your immediate reversal of this decision is requested. Ilomcowner Address Phone ,.'/' -, ~ ,/7 <:6 ec/c lib May 13, 1999 TO: ColLier Comity. Corrunissioncrs RE: *.(.ings Way Closing PETITION The follox~,ing Collier County momcoxvncr.~,rcquest that you reverse your decision to close Kings Way to public traffic. 'I~fis closure poses a serious h'aconvcnience to those of us who live in the area a. nd adds even more traffic on an already crowded Dav£s Bou!cvard, ~\irport Road, ,~d Santa Barbara Bo~evard. Further, it causes unsafe conditions. Your immediate reversal of this decision is rcquestcd. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION '['he following Collier County Homeov,'ncr.~ request tN'~t you reverse your decision to close Kings Way to public tra~5c. This closure poses a serious inconvenience to those of us who live in the area and adds even more tragic on ~ already crowded Da'4s Boulevard, Airport Road, :mci Santa B,'a'bara Boulevard. Further, it causes unsafe conditions. Your immediate revc,.-sal of this decision is requested. Address Phone '"/' f f g / J],'-" May 13, 1999 'FO: Collier County Commissioners RE: Kings Vv'ay Closing PETITION '> Thc following Collier Count.',' Homeowner} request that you reverse ':'our ,~cc.s on to close Kings Way to public traffic. This c[osure poses a serious inconvenience to those of us :,,'ho li`,'c tn the area ::nd adds even more tralEc on ~ already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulev:~d. Further, it causes un.safe conditions. Your immediate reversal of this decision is rcqucstcd. Ilomcnwner Phone# Address \ ', f ,.',.',,' May !3, 1999 / ' I TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowncrs~}'cquest that you reverse >'our decision to close Kings Way to public tmJTic. This closure poses a serious inconvenience to those of us ,,','ho live in the area and adds even more traffic on an already crowded Davis Boulevard...\iqmrt Road. ,and S~ta Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. .:'.'?-7 '-//'"/?/ May13,199~ ' , : \ TO: Collicr~::,C. ounty Commissioners PETITION The fbllo,.vmg Colhcr County Homcov, qacr.6.request that you reverse your dcc~sion to do.sc Ki,n=s Way ;~public tm~,c, ' ' This closur~5,~oses a serious inconvenience to those of us who live in thc area and acids even.,more fi-afric on an already ,crowded Davm Boulevard, A~rport Road. and Santa Barb.fa Bo~I'evard. Fmxher, it causes unsafe conditions. Your immediate reversal of this decision is requested. I[~o~meown er Address Phone." ~_\) ::~5--..... -.... : ~-.. ,.,~ ~-.. \,>:A'- ::-, '--. 5 P; ! ¥- i, ; ~ ' ' ' ' i ' , :', ~ " ->' "? NLay 13, 1999 TO: ColLier Coun~ CommLssioncrs RE: Kings Way Closing PETFI ON The following Collier County Homeov,'ner.~request fl~at you reverse )'our deci~don to close Ki.'ags Way to public This closure poses a serious inconvenience to those of us who Ii',',.' in the area and adds even more traffic on ,an already crowded Davis Boulev:u-d, ..\ir?on Road, m~,d Sama Barbara Boulevard. Further, it causes un.safe conditions. Your immediate rever'~J of this dccbion b requested. ttomcowncr Address Phone # // May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PElF[ION 1,i B The t'ol!owing Collier Count}' I-[omeoxxnaer request that you reverse your dccision to close Kings Way to public traffic. This closure poses a serious hnconvcnicnce to those of us who live in thc area and adds even more traflSc on an already crowded Davis Boulevard, Airport l~.oad, and Santa Barbara Boulevm'd. Further, it causcs unsafe conditions. Your immediate reversal o f this decision is requested. Address l'hone t~ May13,1999 TO: Collier County Commissioners RE: Kings \Vay Closing .,. ,., / PETTFION The following Co/lief Count>' l-tomeowner~;cquest that you reverse your decision to close ,Kings Way to public traffic. ]'his closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa B~b~a Boulevard. Further, it causes ups,qfc conditions. 'four immediate reversal of this decision is requested. Address Phone ti f May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION T'hc following Collier County tlnmcowncr~rcqucst that you reverse your decision t~ close Kings \Vay to public traffic. This closure poses a serious inconvenience to those of us who live in tin<: arco and adds even more traffic on ,'tn already crowded Davis Boulevard, Airport Road, :md Soma Barbara Bouicv~d. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. , ! May13,1999 TO: Collier County Commi:;sioncrs RE: Kings Way Closing PETH'ION Thc £ollowing Collier County Homeowners request that you rcvcrsc your dcc{:fion to close Kings Way to public traffic. This closure poses a serious inconvcnicncc to those of us who live in thc area :md adds even more traffic on an already crowdcd I)avis Boulevard, Airport P, oad, and Santa Barbara Boulcvard. Further, it causcs unsafe cond[tions. Your immediate reversal of this decision is requested. KEEP KIN(;S WAY OPIrZN TO Till:"., I~UI}I..,IC 'l'h¢ tmdcrsigncd, a rcsidc~t of Collier C. ou~ly, is Ol)l)OSCd to closing l{i~gs X~";~)' i~ l:oxl~'e to public access. This closing is i~ot il~ the interest offlhc mQior/ty offrcsiclct~ts ol'thc ~rea who usc this roadway thr local access (shoptMng, I~:mks, doctors, cie.) l~ctxx'cc~ ID'ax'is Illvd. ;it,d lh:~dio Roads. A reco~sid<.2ratio~ off this dccisio~ is rcqt~cslccl. .:.5 .,- ! ,May 13, ! 999 ! TO: (?oilier County' Commissioners RE: Kings Way Closing PETITION The fi)llowing Collier County t!omeowner.~'/~equest that you reverse yOtlr decision to ,zlosc Kings Way to public traffic. This closure poses a serious inconvenience to those of us ;,,'ho live in the area and adds even more traffic on ,an already crowded Dav/s Boulevard, ,,',,irpon Road. and Santa Barbara Boulev~d. Further, it causes un.~fe conditions. Your immediate reversal of this decision is requested. tlomeowner /q" I t Add tess Phone · / .., :.,/ .: ,/ ' i'7'-r ," May 13, ! 99~ii TO: Coltie~. 2ounty Commissioncrs RE: Kings~ay Closing >:v~tig PETITION The folk Collier Count}' Homcov, ncrs request that you reverse your decision to close Kin~s Way~ public traffic. This closure~poscs_ a serious inconvenience to those of us ,,','ho live in thc m-ca and adds even more~raffic on an already crowded Davis Boulevard, Airpo:t Road, and Santa Barbara B~Nevard. Further, it causes unsafe conditions. Your immed~iate reversal of this decision is requested. ll0mcowner Address Phone # ,:7#.</,: ,., :, May l 3, 1999 TO: Collier County Commissioners RE: K:mgs Way Closing PETITION Thc follovAng Collier County F[omcov, mcrs request that you reverse )'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on ,'tn already crowded Davis Boulevard, Airport Road, zmd Santa Barbara Boulevard. Further, it causes un.safe conditions. Your immediate revcrsal of this decision is requested. A d d ross /4 '"';,, :': '" Phone ._ ," -/ .. ~ ' /'/: '",I,' May 13, 1999 / TO: Collier County Commissioners RE: Kings Way Closing PETFFION Thc following Collier Count'>' Homeo.`vncrs\requcst that you reverse 5'our decision to close Kings \Vay to public This closure poses a serious inconvenience to those of us ,,','ho live in the mca ,'md adds even more traffic on an already crov,'ded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. lib Your immediate reversal of this decision is requested. Mny !3, 1999 1i8 TO: Collier County Commissioners RE: Kings \Vay Closing PETITION Tt:c following Collier County Homeowncr~4xrequcst that you reverse )'our decIsion Kings \Vay to public traffic. to close This closure poses a serious inconvenience to those of us who live in the area and adds even more tr,~c on ,'m already crowded Davis Boulevard, Airport Road, m:d S~,ta Bm'bar:. Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. KEEl:' KINGS WAY OPEN TO ~FI-IE F~UI~LIC lib 'Fh.e undersigned, a rcsiclcnt of' Collier Count,v, is opposed to closing t<ings \Vnv in Foxfire 1o public access. This closing is riel in the, interest of the majority of` residents of' the area xvl~o use this roadv,'ay for loc;al access (shopping, banks, doctors, etc.) betx','cei~ l')avis 131x'd. and P, ndio Roads. A reconsideration of' ti'tis decision is reClttested. ,,\I)I)I~,ILSS 'i'i:,l,l'iPl ION I'5 .' t ':,.2 I KEEP KINGS WAY OPEN TO TIIE PUBLIC The urtctcrsimmd, a resident of Collier Cotmtv, is o[ post:d to closin~ l.~,ugs \V:'~,,' in Foxfire to public access. TI'tis closing is nol in the interest of'thc mnjority ofresidertts of the area xvl'~o use this roadway for local access (shotq'fing, banks, cloctors, etc.) between Davis Blvd. and Radio Roads. .tx, reconsideration of fl~is decision is requested. .NAhlE A 1)I)1;~ F. SS TI': l,i:.Pl lONE ' r .ff'_" . /-.:_::!~, , / ' ,j · May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION ~.~' Thc fo[lo~Sng Collier County Homeowner~rcqucst that you reverse >'our decision to close Kings Way to public traf~c. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate reversal of this decision is requested. ttomeowner Address Phone ,., (.7:. ,V / // / - · % May 13, 1999 TO: ColLier County Cormnissioncrs RE: .kLings Way Closing PETITION The following Collier County Homeowners request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area ~d adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Pll,r)n e ~ >,,/ / /x. c:,') -, r, " ~.) [ :...t. c-(:2 ~ May 13, 1999 TO: Collier Count3' Commissioners RE: ;~Sngs Way Closing PETITION The follo,Mng Collier Count}' Homeowners request that you reverse your dec{sion to close Kings Wa.',' to public traffic. This closure poses a serious inconvenience lo those of us who live ~ thc area and adds cvcn more tra~c on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your hnmediate reversal of this decision is requested. Itomemvner Address Phone # .-~ /'-') Ma)' 13, 1999 '~ TO: Collier County Commissioners RE: }-Lings Way Closing PETITION The follov.'ing Collier County Homeowners request that you rcvcrsc your decision ~o close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe condition_s. Your immediate reversal of this decision is requested. tlomenwncr Address ]'hone May 13, 199! TO: Collier County Commissioners RE: Kings %;~y Closing PETITION 'Nnc followin ',oilier County Homcowncrs request flint you reverse your decision to close Km~s Way to, ubhc traffic. This closure ~¥es a serious inconvenience to those of us who live in thc area and adds even more {'i~c on ~ already crowded Davis Boulevard, Airpn: Road, and Santa Barb~a Bogeyed. Further, it causes ~xfc condition. Your immediate reversal of this decision N requested. II6mcowner Address Phone ~ May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION Thc following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. TNs closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on ,'tn already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Itomeowner Address Phone c. ~/~.-q3 ~' 5/ -? KEEP KINGS XVAY OPEN TO THE PUBLIC Thc undersigned, a resident ot'Cotlier County, is opposed to closing Kiugs Way in Foxfire to public access. This closing is not in the interest ofthe majority ofrcsidcms of the area who this roadv,'ay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. '7 A recor~sideration of this decision is requested. 'r ")cD ~.> o. . May 13, 1999 TO: Collier Co,.mty Commissioners RE: }&lags Way Closing PETFi'ION The follox~fng Collier Counts' Homeowners request that you reverse ':'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and acids even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate rcvcrsal of this decision is rcqucstcd. Phone May 13, 1999 TO: Collier County Commissioners RE: }Lings Way Closing PETITION The following Collier County Homeov,'ncrs request that you reverse your decision to close Kings Way to public tra~c. This closure poses a serious inconvenience to those of us ,,','ho ti,,'e in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes ~msafe conditions. Your immediate rcvcrsal of this decision is requested. Phone # .,/:/ > :)// KEEP KINGS WAY OLDEN TO THE PUBLIC :.~ The tmdersigned, a resident of Collier Courtly, is opposed to closing Kings Way in Foxfi,'c to public access. This closing is not in the interest of thc majority of residents of the area who usc ';.~': this roadway tbr locnl access (shopping, banks, doctors, crc.) between I)avis Blvd. and Radio :: Roads. Ti';I.EI'I lONE L/ ":7 :,' , ? V, ? ~ ? ._ JC; .? KEEP KINGS XVAY OPEN TO THE I:'UBLIC Thc undersigned, a resident of Collier Comet.v, is opposed to closing t<ings Way in l;'oxfire to public access. This closing is not in tile interest ortho majority ofrcsictcuts oFthe area who this roadway for local access (sllopl)ing, bm~ks, doctors, etc.) k, ctwecn l)'avis I31vd. and P,.oads. A reconsideration el'this decision is requested. .N,.\hl E ,.~. 1) I) 1;~ I.;SS T I:,I,!:~ 1'1 I()NI.; ,"'>. L.,,._! ClsS l KEEP KINGS WAY OPEN TO TIlE I'UBLIC' The ur~de]'signcd, a resident of Collier Cotmty, is opposed to closing Kings Way in Foxfire Io public access. This closing is not in thc interest of thc majority ot'rcsidcnls of'thc area who use this roadway for local access (shot)ping, banks, doctors, etc.) between I)avis Blvd. and Radio Roads. :'7 A reconsideration of this decision is requested. TEl, i'] 1'I ION 1'; '/ / ./ KEEP KINGS ~VAY OPEN TO '1'1'!I'~ I~UBI_,iC li8 !,1, Thc undersigned, a resident ct'Collier Cotun,,', is opposed ts) cl'" ,, . os~t'~ i<ings V',"ay in Foxfire to pulMic access. Tliis closing is not in tho interest of tl~c ivmjorily of residents of thc nrca ,,vl~o tts¢ tliis roadway lot' local access (Miopping, batiks, doctors, crc.) I>ctwcc~ ID:ix'is P, lx'd. al~d l~,adio Roads. A reconsideratioI~ ot' this decision is t'cqt~cslccl. '!' I'~ !, I'; 1'11 ()N i'; I KEEP K. INGS WAY OPI£N TO TIIE I'UI{LIC The tmdcrsigncd, a resident of Collier Country, is opt>oscd to closing Kings Way in l:oxfire to p~blic access. This closing is not in thc interest oI'thc majority ol'rcsidcnts oflhc area ;vho use ti'ds roadway for local acccs, s (shopi~ir~g, banks, doctors, etc.) bcl'o,'ccn Davis l~Ivd, and Roads. reconsideration ol' this clccision is rcqucsIo, t. .NA~IE AI)I)I~,I.2SS 'i'EI, I", i' i I{)N ! I (, '/7.;',,.,'" KEEl' I(INGc:c, ~VAY ()PI:~N TO Tile I'[JBI,~IC' i[. LI Thc urtdcrsigrtcd, a resident ot'Collicr County, is oPl'~osed 1o closing l(in~s Way in l:oxfire Io public access. This closing is not in thc i~tlcrcst of thc ma. ic~rity of rcs/denis ~t' Ibc area wl~o usc this roadway For local access (sl~opping, banks, doctors, etc.) [)clxx'cc~ l)avis l~lvd and Radio Roads. reconsideration of tltis decision is rctiucstcd. N:\5I 1'5 ,.',, I)i) I( ESS 'I'EI,EI'II()NI'; t'% KEEP KINGS WAY OPEN TO Till:. PUI:~I_,IC The undersigned, a resident of Collie,' Count>'. is opposed to closi,~g 1.4i,,gs Vv'ay i,, l:oxfi,'e m public access. Tllis closing is nol in Ibc interest oF llle n:ajorily of rcsidcnls of tim arca ,.,,'I~o use this roadway flor local access (shol-~t>ing, banks, doctors, ¢Ic.) bct,.vccn l)avis l'~l','d, and l~,ndio 5 : Roads. A rcconsicleralio:'~ of Ihis decision is r,equested. '1'1'; 1 ,I': 1' 11 () X 1'~ I' · % .5"~/- p 7 ?/ KEEP KINGS ~VAY OLDEN TO THE PUBLIC 'I'he undersigned, a resident of Collier County, is opposed Io closing Kings Way in Foxfire lo pu,bli¢ access. This closing is not in thc interest oF Ih¢ ma. jorily of rcsidems of tIic area who this roadway for local access (shol¥~ing, banks, doctors, etc.) bctv,'ecn D'avis l'~lvd, arm Radio Roads. A reconsideration of this ' "' . c~ccls~on is requested. '/:':'::":? .l ) I4EEP 14INGS WAY OPEN TO TIlE I'UBLIC "l'hc undcrsigncct, a resident of Coil/er County, is opposed to closing 14ings Way in l"oxfire to public access. This closing is not in the interest of thc majority ofrcsiclcnts of thc area who ttse this roadway lbr local access (sliopping, banks, doctors, etc.) [>ctxx'cc~ Davis Blvd. n~cl Radio Roads. reconsideration o£~is decision is requested. .NASIE :\ I) I)I?,I:,SS T i';I,I';!"I I () N I'.; I 1 / t /'d,.'z' .-., '(',:q,./. ',,',,q KEEP KINGS WAY OPEN TO TI-IE PUBI.1C The undersigl~ed, a reside~t ot'Collicv Cotu~t.,,', is opposed to closing l'(i,~gs ',,Vny in l:'oxfi~'c to public, access. This closing is not in the i~tcrcst of tl~c majority of rcsidc~ls of the area xvho usc this road,,vay for local access (shoppii~g, banks, doctors, etc.) bct,.,,'cct~ l)avis 13Ivd. and Roads. A reconsideration of this decision is reCltlCstod. .N,,\~! E ,,\I)I)I~,ICSS '1'I': 1,I.:!~! IONIC /l ( ¢ <..,',. '/<</_-' 7 ?c': ) KEEP KINGS \VAY OPEN TO TItE I:'UBLIC The undersigned, a resident of Collier Cot nty, is opposed to closing l(ings Way in Foxfire to public access. This closing is not in thc interest of.the majority ofresidcnls ot'the area who use this roadway for local access (shoppirLg, banks, doctors, crc.) l.'~ctv,'ccn Davis I31vd. and Radio Roads. A reconsideration of' this decision is requested. TEI.,EI)IIONI5 Mayl3, 1999 TO: Collier County' Commissioners RE: K. ings Way Closing PETITION ,;,,,,.V. -['he Following Collier County Homeowncr~ request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and adds even more traftlc on an ah'eady crowded Davis Boulevard, Airport Road, and S~ta B~bara Boulevard. Further, it causes ue~J'e condLition, s. Your immediate reversal ofthLs decision is requested. ltomcowner Address Phone ti ,",Ia.',' 13, 1999 7'0: Collier Count':' Commissioners RE: Kings Wa.,,' Closing PETITION The fotlo,.',Sng Collier County Homco .'.mer.~'requ.st that you reverse your decision to close Ki::gs \Va.v to public tmf'fic. This closure poses a serious Lnconvenience to those of us who live in the area and adds even more trafEc on an already crowded Da',ds Boulevard, Air~_~ort P, oad, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate revc,."sal of this decision is requested. Homeowner Address Phone 13, 1999 TO: Collier County Con~mLssioners RE: Kings Way Closing PETITION ., \~, ~,~,~ ..Nb q-he follo'.'.'ing Collier County r~omcov.'ncr.~,rcqucst that .','mu rcvcrsc your decision ~o close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who livc in thc area ~d adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Bou!cvard. Further, it causes un.safe conditions. Your immediate rcvcrsal of this decision is requested. KEEP I41NGS XVAY OI~EN TO TI-IE I~UBLIC 'FI'~o tn'tdcrsigned, a residcl'tt ot' Collier Cotlnty., is ot)t'~osect Io closi~g l<ings 'Why ir~ Foxfire to public ;~ccess. 'I'l'~is closi~lg is ~lot il'~ thc interest of the mzkjorily ot'rcsiclcllls et'the ;irc;'t xvl'~o tts¢ this roadway for local access (sl'~oppiv~g, banks, doctors, etc.) betx,,'een I')avis I31vcl. and I~.~.~(.tio Roads· A r¢cor~sictcratiot'~ oF this clccision is rCClttcs, tc(l. ., Nhy13,1999 TO: Collier County Corrwnissioncrs RE: Kings Way Closing PETITION The following Collier County Homeowncr~request that you reverse 5'our decision to close Kings Way to public traffic. T~is closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on ~ already crowded Davis Boulcva. rd, Airport Road, and Santa Barbara Boulewu'd. Further, it causes unsMe conditions. Your immediate reversal of this decision is requested. Homeowner 2_. KEEP KINGS WAY OPEN TO THE PUBI, IC Thc tmdcrsigncd, a resident o£Collicr Count)', is opposed to closing l<inss \ray in Fo×fire public access. This closing is not in the interest of the majority ofresictm~Is o[the area who usc tMs roadway for local access (shopping, banks, doctors, etc.) between Davis P, lvd. and Radio Roads. A reconsMcration of this {,Icc/sion is rCClttCslcd. .NA3IE w,.¢',,r~:z.:"'?s, il..; ;5-. ' (; % ~.~-" ~ AI)I)I~.ESS : L t-,', z ~,..,'-V ~.,.].~.~.1 ,.,. ',% \ .... ,~ ~ ~'<.'. L- ',,~ .5..: ikx'~'., .~;.x.i. 'ti,l-,,\ ' '!'1'~l..!';1'! I()NE KEEP KINGS WAY OPEN TO TIlE PUBLIC The undcrsigm'md, a resident of Collier Cotmtv, is opposed to closing 14in~s Way in l:oxfirc lo public access. This closing is not in the interest of lhe majorib' of residents oF the area who use this roadway for local access (shopping, banks, doctors, etc.) between l)avis Blvd. and Radio Roads. tN. reconsideration of this dec/sion ~s requested. ti -. ( May 13, 1999 TO: Collier County Conunissioncrs RE: Kings Way Closing PETITION The follow/ag Collier County riomeowner~request that you reverse ';'our decision to close Kings Way to public traflSc. This closure poses a serious inconvenience to those of' us who iivc in thc area and adds even more traffic on ,an already crowded Davis Boulevard, Airport Road, and Sanla Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this dccLsion is requested. KEEF' ICINGS ~VAY OPEN rFO TIlE PUBLIC Thc undersigned, a resident of Collier County, is opposed to closing Kings Wav in Foxfire to public access. This closing is not in the interest of the ma. iority of rcs/dents of thc area who t~fie this roadway for local access (shopping, banks, doctors, etc.) bctwect~ Davis Blvd. and Radio Roads. A reconsideration of lhis dec/sion is toque'steel. A I)I) I.],I';SS TI'; I.,E !'i ION I'; 941 i143 3911; THE BOARD OF COUNTY COMMISSIONERS COLI,IER CO['Nq'Y FI,ORIDA FROM: TIlE R. ESII)ENTS AND VOTEI{S ()1: FI ,A M INGO ESTATES TIlE '~ .... ' '" A£.A'IION OF KINGS WAY WILI. INCREASE 'DIE T~FFIC ON C41mlNAI, STREET. WE URGE THE COMISSIONERS TO VOTE AGAINST THE VA('ATION OF KINGS WAY. 'I'ItE B()ARI) ()F COL'N]'~' CO:~IM I.N.'SIONI.:R.R COI~LIER COL!NT~' FI.ORII)A FRON~' THE RESIDENTS AND VOTERS OF FI ,AMINGO ES'I"VI'ES THE VACATION OF KINGS WAY WII3. GREATLY IN'CREASE THE TRAFFIC ON CARDINAL STREET. WE [fRGE TIlE COMISSIONERS TO VOTE AGAINST THE VACATION OF KINGS WAY. L-,/ /! ,. ' '-'"',~ / Thc undersigned, a resident of Collier County, is opposed Io closing Kings Way in' Foxfire to public access. This closing is not in lhe interest of'the majority of residents of thc area who usc this roadway for local access (shoppir~g, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. "/:¢I- ff_,A_ KEEP KINGS WAY OPEN TO THE PUBLI~ The undersigrmd, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is not in the imerest of the majority of residents of lhc area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of' this decision is requested. AI) I)R ESS TEI_.EPIIONE c ~ 7'-/:'~ / o.~, :, 77 V t-~ fo/ 77 ""' 4-7 ,'7 KEEP KINGS 'WAY OPEN TO THE P'UBLIC ::. The undersigned, a res/dent of Collier County, is opposed to closing Kings Way in F'oxfire to :' public access. This closing is not in thc i~tc,'cst of thc majority of residents of tl~c area who use this roadway for local access (shopt)ing, banks, cloctors, etc.) bctwecn Davis Blvd. and Radio :''Roads. · ::: A reconsideration of this decision ~:~, .NAME AI) I)RESS T E Ll!;l:q lONE KEEP ICINGS WAY OPEN "I'O "FILE I~UBLIC The unctcrsigncd, a resident of Coil/er County, is ol~t~oscct to closing lqings Way in l:'oxfire to public access. Tl'~is closing is not in the interest of'the majority oCrcsiclcnts ot'll~e area who use this roadway for local access (shot'~ping, Banks, doctors, etc.) bctwccn [_)avis l-?,lvd, and Radio Roads. A recol)siclcration of this dccisioi'l is rCCltiCstect. .NAt~IE ,\ 1)I)1~, I;;SS TI'; I,I.;I"1 I()NI:; KEEP KINGS WAY OPEN TO THE PUBLIC The t~'~¢tcrsig~cct, a rcsi¢tcnt o£Collicr Cot~tS.', is opposed to closi~g i(i~gs W:~y i~ l"oxfivc to pt~blic access. This closi~g is not i~ the ii,tel'eSt of iht majority ot'vcsictc~ts off thc ;~rcz~ who use this roadway for local access (shotvtM~g, b;~ks, electors, etc.) bctxx'cc~ I):~x'is t31vd. :~d l~actio Roads. A reco~si¢i<.')'z~tioY~ off thi:.x ctccisio~ is rc¢lt~cstcd. .NA5IE :\I)I)1{ I,;SS TICI,ICI'I I()NIC KEEP KINGS WAY OPEN TO THE PUBLIC Thc tmdcrsigned, a resident of'Collier Cotmly, is opposed lo closing Ki,gs Way in Foxfire to public access. This closing is not in the interest of flit majority ofresidcms of'the area who use this roadxvay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. 11 B 'lj 1999 TO: Collie' County Comml-~ioner~ ~E: KI~,, W.y Closin~ PETITION The Following Collier County Homeowners request tl~t you rcvcrs~ your ded6on to clos~ K/rigs Way to public Thi~ closure po~s a ~rlou~ inconv~r6ence to ~ho~ of us who l~,,c i~ thc arca and adds even more trifle on an alre.~y crowd~! Davis Boulevard, Airport Rosd, a~d Santa B~rbem I~~. FurrY,' it causes um~ cordRto~s. Your imn:zdiate rcvcr~ ofthis dec~sion is r~qu~cd. May 13, 1999 TO: Colli~ Couaty Comm[,,Mon~wa RE: Kln~t Way Ciosihl PETITION The follow(rig Co11~ Counhy Hon~ow~ers reqntst that you ~cversc your deciaion to clo~e Kin~s W~ to pub~ trat~. This cbsure p~'s a s~rious inconveniewe to those of u~ who g've in the area and adds even more mfffie on ~n already crowded Davis Boulevard, Airport Ro~, and Santa Barbara Boulev~, Further,' ~t causes umafe eondt~m. I0 SII[8qlH-I £8G~SLL lt, G EGGI/8II~8 KEEP KINGS WAY OPEN TO THE PUBLIC Thc undersigned, a rcs/dcm of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is m')t in the interest of tl'~¢ majority of' residents of thc area who this roadway for local access (shopping, b;mks, doctors, etc.) belx,,,cen Davis Blvd. and I(adio Roads. A reconsideration of' this clccision is r:qucstcd. M~y 13. I999 TO: Colli~r Co~'~ty Comm1~[o~r* RE: K~.s Way Closing PETITION The £oLlowi~ Coll~ CotmB, Homeowners req~ that you rcvcr~¢ your decision to clo~e Kings Way t~ pub~ tralY~. ~ closure poses a ~erious inconvenience to tlxo~e of tu who Live in thc arca a~M McLs even more tr~c on an alre~y crowded Da'~ Boulevard, Ai,-poa Road. md Santa Barbara Bouk'~. Futth~, it cat.es gn~fe co~ns. Youx inm:~te re'vcr~ of ti:tis deciaion i.1 mqucmcd. TO: TIlE BOARI) Ot: COt!NTY COMMi,..SIONF, RS COLLIER COUN'TY FI.ORII)A FROM: THE RESIDENTS ANI) VOTERS ()I: FI, AMINGO ESTATES TIlE VAC,4TION OF KINGS WAY WII,I, GRI:.ATI,~' INCREASE TIt E TRAFFIC ON CARI)INAI, STREI':I'. WE !!rGE TIlE COSIISSIONErs TO VOTE AGAINST TI-IE VACATION OF KINGS WAY. TO: T I I E B O A R f) O I: C O t i N'l"~' C O M M I S S ! O N F, R S COl.,l,! ER COI.)NTY FI.ORIDA I:ROM: 'FILE RESII)EN 1 ,q AND VOTER,. OI" F I,A M I NG O ESTATES TIlE VACATION OF KINGS WAY WII,I, GRI~:..\TI, Y INCREASE TIlE TI'U\FFIC ON CAI~,DINAI_, STREET, WE ur(;lc 'rlli,; (.:OM~SS~()N~:rs TO vo'r~: AGAINST THE VACATION OF KINGS WAY. /? f .?, /.,i.',/L · , ! May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier Count,./Homeo,.,mcrs request tlmt you reverse 5'our decision to close Kings Way to public traffic. Thk; closure poses a serious inconvenience to those of us who l. ive in the area and adds even more traffic on .,an a/ready crowded Davis Boulevard, Airport Road, ,',..nd Santa Barbara Boulevard. Further; it causes ~¢ conditions. Your immediate reversal ofth/s decision is requested. Homeowner Address Phone # 74' ./ May 13, 1999 TO: Collier County Commissioners RE: KLngs Way Closing PETITION The following Col. iier Cotmty Homeovmers request that you reverse >.'our decision to close Kings \Vay to public traffic. This closure poses a serious inconvenience to those of us who llve ha the area and adds even more traffic on an already crov,'ded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further; it causes unsafe conditions. Your immediate reversal of this decision is requested. llomeowner Address Phone May 13, !999 TO: Collier County Commissioners RE: Kings Way Closing PE'ITFION The following Collier Count.',' l-tomcowncrs request that you rcversc your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate rcvcrsal of lhis decision is requested. llomcowner Address Phnnc # May 13, IP99 TO: Collier Coumy Con~aissioncrs RE: Kings Way Closing PETITION Thc following Collier Count), Hom¢owncrs request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ',,,'ho live in thc area mhd adds cvcn more traffic on a.n already crowded Da,As Boulevard, Air?o: Road, and Santa Barbara Boulevard. Further, it causes umc, afc conditions. Your immcdiatc reversal ofthb decision is rcqucstcd. ltomcowncr Phone # May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The folloxving Collier Couslt5' Homeowners request that you reverse your decisinn to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on ,'tn already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION ]'he follovdng Collier County Homeox,.qmrs request that you reverse your decision to close Kings Way to pub'tic traffic. This closure poses a serious inconverdence to those of us who live in the area and adds even more traffic on ,'m already crowded Da~Ss Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes umsafc conditions. Your immediate reversal- of this decision is requested. Address Phone ti May 13, 1999 TO: Collier County Corranissioners RE: Kings Way Closing PETITION The following Collier County i{omeovmers request that you rcvcrse )'our decision to close Kings Way to public traffic, This closure poses a serious inconvenience to those of us who live in tiao area and adds even more traffic on an already crov,'ded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal o f this decision is requested. Homeowner Address I'honc # I ( / ' ' TO: ColLier County Commissioners RE: IGngs Way Closing PETITION The fol/ow'ing Collier County Homeo',,,mers request ti'mt you reverse )'our decision to close Kings Way to pub'tic Lraffic. This closure poses a serious inconvenience to those of us who live in the area ,'md adds even more traffic on.aa already crowded Davis Boulevard, Airport Road, a.nd Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate reversal of this decision is requested. Address Phone N May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION Thc following Collier County Flomcov,'ners request that you reverse )'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Da'ds Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PE'ITFION The follov. Sng Collier County Homcowncrs request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, ;md Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Address Phone # ' ,",~.,':'c! '>' :-, .-_., ~., '~//,',"., ,., ,,, ,,'.,:. v-/3 May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to publ/c traffic. This closure poses a serious inconvenience to those of us who live in the area ,'md adds even more traffic on an 'already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further; it causes unsMe conditions. Your immediate reversal of this decision is requested. ltomcowner Address Phone ..r', May 13, 1999 TO: Collier County Cormnissioners RE: Kings Way Clos{ng PETITION The follo'Mng Col~ier County itomeowners request tlmt you reverse your decision to close Kings Way to pubSc traffic. TtSs closure poses a serious inconvcrficncc to those of us who live in the area and adds even more traffic on ~ already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further; it causes unsafe conditions. Your immediate reversal of this decision is requested. Homeowner Address Phone # Mny 13, 1999 TO: Collier County Commissioners RE: ,Kings Way Closing PETITION Thc following Collier County Homeowners request that you reverse yot~r decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ,,,,'ho live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport l~,oad, and Santa Barbara Boulevard. Further, it causes re'male conditions. Your immediate reversal of this decision is requested. llomeowner Address Phone # ,,". / /5" 17 ./ /;,',. i/ /. (' :, ,,.,.. May 13, 1999 TO: Collier County Commissioners RE: I'~ings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings \Vay to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, rind Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. tlomeowner Address Phone # May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Ilomeowner Address Phone # May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area ,'md adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Itomeowner Address Phone # May 13, 1999 TO: Collier County Commbsioncrs RE: icings Way Closing PE FITION The following Collier County Homeoxvncrs request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further; it causes unsafe conditions. Your immediate reversal of this decision is requested. llomeowner, Address Phone # 8d72~I!'~'~3 .... ' 941 I0: Coliicr Coun~' ComznL~sioncrs RE: Kings Way Clo,~mg PE'ITIION The foilowing Co~r Co~mty Horn:owners request ;b. at you rev~.rsc >'o~z d=c~;on to close Kings Way to public tm~c. This closur: po~s a ~r{ous ~conver~nce to those of us who live {n the area and ad~ cvcn more trm~c on an alrcady cro~,~¢d Da~,~,~ Boulevard, Ah-pon Road. and Santa Barbara Boul¢~rd. Futth~, it cau~c~ u:~2% conclition~. Your ixm'ne~te revcmaJ of t.}'~ decision is requested. Phone KEEP KINGS WAY OPEN TO TIlE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in l:oxfire to public access. TI'ds closing is not in the interest of the majority of residents of tile. area who use !:this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. .NASIE :\I)I)IiESS TEI. F, PI IONE L KEEP KINGS WAY OPEN TO THE PUBLIC The ur~dcrsigned, a resident of Collier Cottmy, is opposed to closing Kings Way in Foxfire to public access. TI'tis closing is not in file interest of the majority ot"residents of the area wl'~o use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio reconsideration of this decision is requested. .NASIE ,,~. I) I) I~, I.:SS TF, I,EI'I If)NE ,9 "4 ': ! 7 '/ .. <_, ....) KEEP KINGS ~VAY OPEN 'FO THE PUI/LIC The undersigrted, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is not in thc interest of the majority of residents of tile area who use this roadway for local access (shopping, banks, doctors, etc.) between I)avis Blvd. and Radio Roads. :' A reconsideration oFthis decision is requested. i . NA~I E A I) I)P, ESS TEL E PI ION E Ii KEEP KINGS ~VAY OPEN TO THE PUBLIC 'File undersigned, a resident of'Collier County, is opposed to closing 14ings Way in F'oxfi,'e to public access. TI'tis closing is not in tile interest of the majority of residents oFthe area veho usc tllis roadway for local access (shopping, banks, doctors, etc.) bclwccn Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. .NAglE ( ¢, /\ I)1) R ESS The undersigned, a resident of Collier County, is opposcd to closing Kings Way in Foxfire to public access This closing is not in the interest of' the majority of residents of the area who use ti'lis roadway for local access (shoppiI'~g, banks, doctors, etc.) between Davis Bird and Radio Roads· reconsideration of this decision is requested. .NAglE ':' L ./:'>' ,,\I) I)I~.1,25S TEI.EI'IIONE ' .) t' I ,l ' KEEP KINGS \VAY OPEN "FO THE I:~UBLIC The undersigned, a resident of'Collier County, is opposed to closing Kings Way in Foxfi,'e to public access. This closing is not in thc interest of thc majority of residents of the area who use this roadway tbr local access (shopping, banks, doctors, etc.) between Davis Blvd. anct Radio Roads. A reconsideration of this decision is requcsted. A I) I) R ESS .,'N "~(/ -ti ::,, ,;., , .'7,) / %-?'~' (\ "' TE I,F,I:'I IONE ',,/- .... : -/' / , ) '-. ./ · ,/ .: ,. 7., ·' ,! >"'2 1i8 KEEP KINGS ~VAY OPEN TO THE I>UI31_~IC "Thc undersigned, a resident of Collier County, is opposed lo closing Kin~s \Vay in Foxfire to ptlblic acccss. This closing is not in thc interest of lhc majority of residents of' ll~c area who u:,c this roadway for local acccss (shoppir~g, banks, doclors, cic.) bctxvccn Davis Blvd. and Radio Roads. A reconsideration o£ this c. lccision is rcquestc¢t. :\ I)1) I~, E SS 'I'EI,EF'I ION E , ) "14 , / ... / ~ ) KEEP KINGS WAY OPEN TO THE I'UBLIC The tmdcrsigned, a resident of Collier County, is opposed to closing l(ings Way in l:oxfirc to public access. This closing is not in thc interest of thc majority ol' rcs/denis of' thc area who usc this roadway for local access (shoppii~g, banks, doctors, etc.) bclxvcctl l)avis 131vd. and Radio Roads. A reconsideration of this decision is rccltXCstcd. . NA t~ IE :\ I) 1) I~ 15SS TI'Z!, 1,; 1' i ! () N 1'; ,'"~dr. t. -' ?/ ', , :'//I ,. ,,)!/, I I t ~ i: < i/ , ../ May 13, 1999 TO: Collier CoUnty Commissioncrs RE: Kings Way Closing PE'ITHON Thc following Collier County Homeowners request ti'at >'au reverse your decision to crt. sc Kings Wa.',, to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on rm already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. KEEP I<INGS W:\Y OPEN "FO "I'I'II5 I'UI1LIC tmdcrsigned, a resident of Collier Cour~ty, is opposed to closing l<in~s Way in i:oxfire public access. This closi~g ~s not in the interest of thc majority of rcs/dents of thc arch xvl~o usc lllis roa(tway for local access (shopping, banks, doctors, crc.) between Davis lglvd, ami A reconsideration of this decision is requested. ,,\ 1) 1) 1{ ESS TI,;I,i';I'I I ()~N 1.; ,/ f ,' ,/ ,. ";,'t ,,,, ,?,"/,"t, I / I<I?.EP KINGS ~VA¥' OPEN TO TElL PUBLIC · The undersigrmd, a resident of Collier County, is opposed to closing l<ings Way in Iroxfi,'e to public access. This closing is not in the interest oF thc majority of residents of thc area who usc this roadway for local access (sholgDing, banks, doctors, etc.) between Davis lMvd. and Radio Roads. A reconsideration of' this (l¢cision is requested. .NAME ,,\I)1)I>, t5SS TI:;I~ICi'I IONI5 '1 --;//' / "' 12 [ X -/ # KEEP KINGS WAY OPEN TO TI'IE PUBLIC Thc undersigned, a resident of Collier County, is opposed to closing t-~ings \\'ny in l:'oxfire to public access. This closing is not in thc interest of the majority of residenis of'the area ,.:'ho use ti'ds roadway for local access (shopping, banks, doctors, etc.) between I)a,.'is IMvd. and P, adio Roads. A reconsideration of this decision is requested. · .NASIE ,\I)I)I/.I'~SS '1'I:~ 1~I.5 PI ION F~ · / KEEP ICINGS ~VAY OPEN TO THE I~UBI_,IC · . Thc undcrsigncd, a rcsidcnt of Collicr County, is opposed to closing Kings Way in Foxfire lo ?~7' public access. TI'ds closing is not in thc interest of file majority of rcs/dents o[' the area vvho use :i:':', this roadway for local access (shoppir~t.t, banks, doctors, etc.) bctxvecn Davis Blvd. and Radio Roads. A reconsideration of this decision is requestccl. :\ 1)I)1{ I'~SS 'i'E !., EI'I ION E .! KEEP KINGS ~VAY OPEN TO THE F'UBLIC .The undersigned, a resident of Collier County, is opposed to closing Kings Way in l:oxfi,'e to · mblic access. TI'tis closing is not in the interest of the majority of residents of the area who use ,:, this roadway for local access (shopping, banks, doctors, crc.) between Davis Blvd. and Radio {': Roads. i;~:~5:, A reconsideration oF this dec/sion is requested. :\ I)1)1~. F_.SS T E I,I'5 I'I ION E :, I ,, ,. ./, . KEEP K. INGS WAY OPEN TO THE I:'UBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfi,'c to public access. This closing is not in thc interest of thc majority ofrcsMcnts of thc area who use this roadxvay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of this dec/sion is requested. · NA ~ I E .,\ !) I) R ESS TE I,E 1'11 O N I'; ' The undersigned, a resident of Collier Count.v, is opposed to closing l<ings Why in Foxfire to public access. This closing is not in ihe interest oFlhe majority of residents oflhe area who use this roadway for local access (shopl)ing, banks, doctors, etc.) between Davis 131vd. and R. adio Roads. A reconsideralion oFthis decision is requested. ,,f. /" KEEP KINGS WAY OPEN TO TI-IE PUBI_,IC The undersigned, a resident of Collier County, is opposed to closing Kings Way in F'oxfire to public access. This closing is not in the interest of the majority ofresidems of.the area who use this roadway for local access (sl'~oppir~g, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of' this decision is requested. .NANIE AI)I)I~ESS 'I'I';I~EI'I IONF~ KEEP KINGS WAY OI'EN TO THE I'~UI:ILIC i;;' Tile tmdersigrmd, a resident of Collier Count.v, is opposed to closing Kings Way itl Foxfire to i:..:i: public access. This closing is not in thc interest of thc majority of rcsiclcnts of thc area who usc :!i;:i.: this roadway for local access (shopping, banks, doc'tors, etc.) bctv,'ccn [):.wis Bh'd. and Radio Roads. A reconsideration of this decision is rcqucstccl. ,,\ 1) 1)R ESS ../ 'I'i';I,EI'I IONE / /0< } l. The undersigned, a resiclcnt o£Collicr County, is opposed to closing l<in~,s \Var in Foxfire to public access. This closing is no! in the imcrcst of the majority of rcsiclcnls oF thc area who use this roadway for local access (shoppiI~g, banks, doctors, crc.) bctxvccn Davis I31vd. and l>,adio A rcconsideralion of this decision is l'C¢lUCSlcd. ,,\ 1) !) I~, 1';SS '3...t Roads. .N,,\hlE TO: Collier County Commissioncrs RE: K:ings Way Closing PEITTION '['he following Co[Iier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This c:'esure poses" serious ;.nconv'.'~fience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. ~ V ? .~.~ .., J o,-, ? /.f)' :. TO: Collier County Commissioners RE: I, Cings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses ,, s::dou:, ir, con'.enienc'e_ to those of os who live in the area and adds even more trafiSc on an already cro~vded Da,,Ss Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. TO: Collier County Commissioners P.E: Kings Way Closing PETITION The following Collier County I-Tomcowncrs request that )'au reverse )'our decision to close Kings Way to public tratS, c. TNs c',.asure poses: serious knconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Ftmher, it causes unsafe conditiorm. Your immediate reversal of this decision is requested. Homeowner Address Phone / / '>l' >~ .' ,."'~. / 1.1 f-- :.z---, d-~ -' ," ' -- ~', . ' . .. ':'~ '"':" ;; ..- . ... .'.,'",',.. .:"' :<:, ~. ;f_>- .~7 j/,~. ~.,:. ," .... :'.,, ' / '' ~ : ' '~" ........ ~ / ~. ,6. ] ~) ~ ~.,':, .-,- , .,- ~ :,: .' . ; ,. , ~,,, , ?"/ I,l,:c/ ,. 1' TO: ColHcr County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to punic tm~c. This closure poses a serious inconvenience to those of us who live in the area and adds even more traftic on an already crowded Da'As Boulevard, Airport Road, ,',md Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. t tom,own c r A d d res.~ Phone # May 13, ]999 TO: Collier Count)' Commissioners RE: Kmg~ Way Closing PETITION The follov,'ing Collier Count>' Homcov,'ncrs request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on ,'m already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal ofthis decision is requested. Phone # May 13, 1999 TO: Collier Count.,,' Commissioners RE: Kings Way Closing PF_,ETI'ION The following Collier County Homeowners request that you reverse your decision to close Kings Way to pub'dc traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate reversal of this decision is requested. Ho,-a~,o~n e r Address Phone # May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse .','our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area md adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. KEEP KINGS WAY OPEN TO TIlE P I q'he tmdersigncd, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is not in Iht interest of thc ma. iorily of residents of thc area who use this roadway tbr local access (shol)ping, banks, doctors, etc.) bctxvcc~ Davis Blvd. a:~d Radio Roads. A reconsideration of this decision is requested. E :\I)I)RI']SS TEI,I']I'I I()NE //? 5-///g,/ KEEP KINGS WAY OPEN TO THE F'UBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Wav in Foxfi re to access. TI'tis closing is not in the inlerest of the majority ofresidcms oflhc area who use roadway For local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. TEI,EI'IIONE ..j 'q75'- ?7 KEEP KINGS WAY OPEN TO TIlE PUBLIC Thc undersigned, a resident of Collier Cotmty, is opposed to closing Kings \~,'a) in Foxfirc Io public access. This closing is not in the interest of' thc majority of residents of the area who use this roadway for local access (si'topping, banks, doctors, e~c.) between IDavis Blvd. and Radio Roads. ::A reconsideration of this decision is requested. NA~IE :\I)I)RI.:SS I / /- t , r ( - KEEP KINGS WAY OPEN TO TI'IE I~UBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Wav in Foxfirc to public access. This closing is not in thc interest of the majority of residents of lira area who use - ' - s (shopping, banks, doctors, cit.) betxvccn Davis Blvd. a~d Radio this roadway for local acccs_ ~ Roads. reconsideration o£this decision is requested. .,\ I) I) I,~ I': S S May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The follox`.dng Collier County Homcowncrs request that you rcvcrsc your decision to close Kings Way to pub'tic traffic. This closure poses a serious inconvenience to those of us ',,,'ho live in the area and adds even more traffic on ,',tn already crowded Daxis Boulcv~d, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. tlomeowner Address Phone # May 13, 1999 TO: Collier County Cormnissioners RE: Kings Way Closing PETITION The following Collier Counp' Homeowners request that you reverse .','our decision to close Kings Way to public traffic. Ti'ds closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, ~Urport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal ofthis decision is requested. Address Phone # ) KEEP KINGS XVAY OPEN TO TI-IE 1)UI:ILIC undersigned, a resident of Collier' County, is opposed Io closing I(ings Way in l,'oxfire to :mblic access. This closing is not in the interest oF thc m~iority of residents of thc area who use this roadway for local access (shoppii'~g, banks, doctors, etc.) betx,.'ccn I):~vis 131vd. and l>,.adio li? P,o ds reconsideration of this decision is requested. May 13, 1999 TO: Collier County Comn~ssioners RE: }Lings Way Closing PE'ITI ON 7'he follo~ving Collier Count>' Homeowners request that you rcvcrsc .','our decision to close Kings \Vay to public traffic. This closure poses a serious inconvenience lo those of us who live in the area and adds even more traffic on an already crov,'ded Davis Boulevard, Airport Road, and Santa Barbara Boulevm'd. Further; it causes unsafe conditions. Your immediate reversal of this decision is requested. ttomcowner Address Phone # he undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfirc to public access. This closing is not in thc interest of the majority of residents oF the area who use li~, this roadway for local access (shopping, banks, doctors, etc.)bctxvccn IDavis Blvd. anti Radio Roads. *I'I'~I,EI~I ION15 4-/7-772q. KEEP KINGS WAY OPEN TO TttE PUBLIC .The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to )~public access. This closing is not in the interest of' the majority of residents oF tile area who use ;:this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio !:Roads. A reconsideration of'this decision is requested. AI)DI~.ESS TEI.,EPI lONE KEEP KINGS XVAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed 1o closing Kings Wav in Foxfire to Public access. This closing is not irt the interest of thc majority ofrcsidcnts oflhc area v.'ho use this roadv,'ay for local access (shopph'~g, banks, doctors, etc.) bctxvcc~ Davis 131vd. and Radio Roads. j !i:' .~,,X reconsideration oF this decision is rcqttestect. NAt- IE TI.':I~EI'I lONE I<.EEP KINGS WAY OPEN TO TIlE PUBLIC :ii,!iThe undersigncd, a resident of Collier County, is opposed to closing Kings Way in Foxfire to 'Public access. This closing is not in the interest of the majority of residents of the area who use iithis roadway for local access (shopph~g, banks, doctors, etc.) between Davis Blvd. and Radio :Roads. A reconsideration of this decision is requested. i. NAhiE AD1)RESS TELI:;PIIONE KEEl' KINGS WAY OPEN 'FO THE PUBLIC ~The tmdersigned, a resident of Collier County, is opposed lo closing I<ings Way in Foxfi,'e !o ~ public access. This closing is not in the interest of the majority of,'esidenls of the area who use ::this roadxvay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio 'Roads. ~ A reconsideration of this decision is requested. , ,/ I(.EEI' KINGS WAY OPEN TO THE I:'UBLIC undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This clc~sing is not in thc inlercst of tl~c majority of residents of thc area who use this roadway fbr local access (shoppil~g, banks, docIors, etc.) between Davis Blvd. and Radio Roads. reconsideration of this dec[sion is requested. .NAhlE ,,\I)I)I~.ESS TELEt'I lONE /:: :/4 o' KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resi[lcm of'Collier County, is opposed 'to closing Kings Why in Foxl~re lo :~pilblic access. 'Il'tis clo..,ing is not in ll~c interest of thc majorily of rcsidenls of ll~c area who road,,vav for local access (shopph'~g, banks, doclors, crc.) between Davis I31vd. and Radio Roads. ~.A ,'econsideration of fi'tis decision is requested. 'NAh ! F, A !) I) i.,t ESS T E I..F.I' i IONIC ,./ · ! '7/V I- I. KEEP KINGS ~VAY OPEN TO TIlE PUBLIC ]¥he umlersigr~cd, a resident of Collier Courtly, is opposed to closing Kings Way in Foxfire lo ~fPublic access. This closing is not in thc interest of linc majority of residents of the area who use .:;~flfis roadway for local access (shopping, banks, doctors, elco between Davis Blvd. and Radio Roads, A reconsideration oF this decision is requested. ~.NA ~ I E A I) I) R ESS TEI.,EI'I lONE, " ( . ?' KEEP KINGS WAY OPEN TO TI.IE PUBLIC ,? TI'~¢ ur',dersigr~cd, a resident of Collier Cotu'~t.',', is opposed to closing 14. ings Pttblic access. This closing is not in thc interest of the majority of residents oF this roadwav for loc;il acco. s . ' '.s (shOl)l'~il'~.u, 1.'~;u~ks, do¢lors, etc.) I'~ctv,.'cen I)avis I31vd. avid P, adio Roads. .NAglE A reconsideration of lhis dccisi¢:,n is re(luCstcd. .,\ I) I) 1~, I.]SS ,¥ ! / 'I'IC 1 ,i:, 1' I ION !:~ KEEP KINGS WA Y OPEN TO THE PUBLIC lib The undersigned, a resident of Collier Cotmty, is opposed to closing Kings Way in Foxfirc Io public acce.ss. This closing is not in the irltcre.st of the majority of re.sidents of tile. area v,'l~o use this roadv,,ay for local access (shopping, bn,ks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of' this decision is reque.stcd. .NAME "/ AI)I)I~.ESS 'I'I::LEI'I lONE 7 ?:-/~, KEEP KINGS ~VAY OPEN TO TIlE PUBLIC lib i:The undersigned, a resident of Collier County, is opposed Io closing Kings Way in Foxfire to ::Public access. 'I"his closing is not in the interest of' the majority of residents of the area who use ~;~;itllis roadway for local access (shopping, banks, doctors, crc.) between Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. ]~NAhlE Al)l)l,t ESS 'i'ELISI~i lONE ,' j ?77-/o9 0 KEEP KINGS XVAY OPEN TO THE PUBLIC lithe undersigned, a resident of Collier County, is opposed 1o closing Kings Way in Foxfire to Public access. This closing is not in the interest of the majority of residents oF the area who use .this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio i Roads. A reconsideration of this decision is requested. iNAblE AI)I)I~ESS TELEI'IIONE '/ ? -:.? -' , May 13, 1999 TO: Collier County Cotmnissioners RE: Kings Way Closing PETITION The £ollowing Collier County Homeo',,mers request that you reverse )'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience tc those of us ',','ho live in the area and adds even more traffic on an already croxvded Dads Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. tlomeowner Address Phone # ~-/.sD .. L 7 73 May 13, 1999 TO: Coil/er County Commissioners RE: Kings Way Closing PETITION The f'ollowing Collier County Iqomeox',mcrs request that you reverse )'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area md adds even more traffic on an already crowded Davis Boulevard, Airport Road, and S,'mta Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse )'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Da,As Boulevard, Airport Road, Md Santa Barbara Boulevard. Further, it causes un.safe conditions. Your immediate reversal of this decision is requested. Homeowner Address Phone May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Coll'mr County }.tomcox~ners request that you reverse )'our decision to close Kings Way to public traffic. This closure poses a serious inconven/ence to those of us ,.','ho live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal ofthis decision is requested. Phone # 757:."" . / May 13, 1999 TO: Collier County Commissioners RE: Kings Way Clos~g PETITION The following Collier Count)' Homeoxvners request that you reverse your dec{sion to close Kbgs Way to public tra~c. This closure poses a serious inconvenience to those of us who five i.n the area a~d adds even more traf'fi¢ on an already crov;ded Da'ds Boulevard, Airport Road, ,'md Santa Barbara Boulevard. Furflaer, it causes u.n.safe conditions. Your immediate reversal ofthb decbion b requested. ltomeowner Address Phone # May 13, 1999 TO: Collier County Comn'fissioners RE: Kings Way Closing PETITION The f'ollo,,ving Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, ;md Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of t}'ds decision is requested. Homeowner Address Phone # May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier Count)' IIomeox,.mers request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, ~\irport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Phone # May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The £ol]owing CoLlier County ttomeowners request that you reverse .','our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Da,As Boulevard, Airport P, oad, and Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate reversal of this decision is requested. Homeowner, ' Address l'hone # Where as i(in ,sg.~._~;_~_y. i,~ Fox Fire is a (i~ounly_ I~1 Where :ss I~ivi,g.slon Roml will emply ~n Io I~i~dio Ro:ld ~mi Iremcnd~,~sly incre~se cas! I)~mnd Iraffic I~ M;snl~ i~;~rh~lr:~ BIv~l. :~nd wcsl l~umi Irl~t'l'ic Io Aivporl-l~uiling l~m~l, which we ~vmdd Imvc Io lr~vcl ~ red,ch i~finls .stn~lh (~t' llriur,,,,xmd, ci~p;ing Kings '~V:Ly ~vo,hi he i~ ~lcl'inJlc .,~i~l'el.¥ h:~z.z.~,rd ~nd ~ hardshii~ fur all l~.riar,,wmd l,t~sitlcnls. ? Airlmrt-I~tdling l~l{l, which wc w'oultl h~lvc lo Iritvcl io t'c~ich Iminls soulh {;f llri~trw~o{I, closing Kings Way w~}uhl be ~ dcfinilc siil'cly hn'z~:~r~! ~ind ~ hardshil) l',~r all Iiri~trw~od I~csidcnt~. thc umlcrsig, ned Oi}l)¢).sc tl,c l~ri,/;ttiz~lti(n~ ~1' Kings XVay in Ig~x l'ir,..': _N.p;at_c (p,.i,,t & ag,,) ,:\,X_[r~ 13. 14. Where as Kings ,Way in Fox Fire is a County Road Where as Livingston Road will empty m~ to Radio Road ami treutendously increase east bound traffic lo ~;tn~a llarlmra Blvd. and west bound traffic lo Airport-Pulling Road, which we would have lo travd lo reach points south of Briarwo~, closing Kings Way w~uld be a definile safety ha~rd and a hardship for all Briarwood Residcnls. We the undersigned (~l~pose Ihe privatiz~tim~ of Kings Way in Fox l,'irc: ~!ne (pri~t & ~ign) _ A~ltlrcss I'hone ' '-~t~ 'i,~/' '~, ;' " ' "'~"~ ' I ' I0. 11. 12. 14. KEEP KINGS W:\Y OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing I(ings W:'Ly in Foxfire to public access. This closing is not in tile inter'est o£Ihe majority of'resicicnts o£the area who usc this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Ractio Roads. reconsideration of this decision is requested. . N,-\.,'X I E ,,\DI)I~.ESS TI~I,ICI~I lO,NE I .?,..,..¥'i.S'~, ~.; 7'?-2' z KEEP KINGS WAY OPEN TO THE I~UBLIC ;:' The undersigned, a resident of Collier County, is opposed to closing IEings Way in Foxfire to public access. This closing is not in thc interest of thc majority of residents oftl~c area who usc this roadway tbr local access (shopping, banks, doctors, etc.) between Davis t31vd, and Radio Roads. A reconsideration of this decision is requested, .N,.\NI E :\DI) I:~ F, SS 'I'EI,EI'I [ONE Where as Kings W_/_!!y in Fox Fire is n Courtly l~oad Where ns l,iviugston Road will empty ~m l~ Rndio Rmtd nmi /re~nendousl~ increase east imund traffic to Snnla Ilarlmrn Blvd. nmi wesl tmuml trnffic lo Airporl-i)tdling Rond, which we w()uhl hnve I() Ir;ix'el lo rcnch Iminls south ()f lir'inrwtm(I, ch)sing Kings Why w()uhl l)e n (lefinile snfely ha~.itrd nutl a hnrdshii) fur nil ilrinrwo(M llcsi<lcnl~. ~., /.,,_ -7 · Z'" .' ' ' /t',, / , . ,. ~ / .'~ 4 ./,' 2, ; ~ ' ' '" '' '<' " / '~/ '/ ~ '/ ::// ,/ 14. Wlnere as Kings Way in Fox Fire is a County Road Where as I,ivingslon Road will emply on to Radio Road and ~rcmendously increase east bound iraffic to Santa Barbara l{Iwi, and ',vest bound lraffic to Airport-Pulling l~,oad, which we would have to travel to reach lminls south of Briarwood, closing Kings Way ,would be a definile safely hwz:t, ard and a hardship for all Briarwood Residents. We the undersigned oppose thc l)riva~iza~i,n~ of Kings XVay in Vox I:irc: ~ (pri. I & sign) Address i'imne Where as Kings W_'_,!y in Fox Ii'irc is a County Roa(I Where ;Is l,ivingsl~m l~,o:~d will emply ~m Io R:~dio Il.ad and Irc~ncndously increase east bound traffic lo S;~nl:~ i~;~rimra Blvd. ~nd ss, esl l)~)uml Irat'fic Airporl-l'ulling lt~;~d, which we w.uhl h~ve I. Ir;~vcl to rc:~ch poinls south Briarwood, closing Kings W:~), would bc ~ del'inile n~l'ely h:~z~rd nnd hardshil~ I'~r ~!1 I~riarw~md Rcsidenls. We the .ndcrsi~ned oppose llle i~rivnli'.,.:lli~n of Kin~s Way in l"~x I,'irc: ~D~ (pti,ti & .~i~n) Address /:: ~ ,,' .... ._:. . .... ~ ._ . ~'~ ~ ,~.. ~ :/ ~ :~--- .__ . ~/:~ ,. . . _:~:~.:~ ...... L 5L''/ ~ _ I ,' ~ / Where as Kings Way, in Fox Fire is a County Road Where as Livingslon Road will cmply on m Rntlio lload ami lrclncmlously increase cast lmuml Iraffic Io ,S;in/a lk~rlmra Blvd. and west bouml traffic lo Airport-Pulling Road, which we tumid have to Ii'avcl h) reach iminls south of Briarwood, closing Kings Way would be a del]nile safely ha~srd ami a hardship for all llriarwoml Residents. ~Ve the undersigned oppose ll~c l~rivati'z, alim~ of Kings Way in F.x Fire: ~illile (print & sign) .. Z~'~55 I'llolle ,, ...... . .. )-. 6. ) 11. .? Where ~s l~iving~ton l{m~d will empl¥ m~ t~ i{~dio R.~.I ~n~l (,'ememhm~iy increase cast h~mnd traffic t. ~nt~ lh~rlmrn Blvd. ~nd wcsl hm~ml traffic to Airl)orl-I'uJling Road, which we would Imve h) travel I() reach l)()inls s()ulh ()1' lh'inrwo()(l, closing Kings W~). woul(! l)e :~ (lel'inilc s;il'cl), ha~z~r(I ;~l(i ~l h.r(lshil) fl)r ;ill i]riarwoo(i lCesi(lcnls. We Ihe undersigned oppose Iht i~riv~,liz~,fi<m of Kings W:,y in I,'.x I,'irc: N:ime (l~rinl & ~ign) A~hlrcss Where as Kings Way in Fox Fire is a Cot, nly Where as Livingston Road will empty on to Radio Rm.! and increase east bound traffic lo Sanla lJarlmra Blvd. and west bound lrnffic 1o Airport-Pulling Road, which we wtmltl have t. travel to reach points smith of Briarwood, ch)sing Kings Way woulti I)e n definite safety ha'm:trd and a hardshil~ tbr all Briarwood Residents. We the mulersigned oppose thc l.'ivati'snli.n of Kin~s Way its l,'.x I,'i,'c: Address Where as Kings W;~ in Fox Fire is a County Where as l,ivingst{m Road will empty on to Radio i{mui ami tremendously increase cast bound traffic to Santa Barhara Blvtl. Isml west I~ountl traffic to Airport-Piffling Road, which we would have to travel Io reach points south of Briarwood, ch)sing Kings Way would be a definite nal'cty haT~rd and hardship for all Briarwood Residents. We the umlcrsigned ()i)lmSC thc I)riv:~ti'znlim~ of Kings Way in l,'(}x i,'irc: ~ffi~ (print & sign) Address I'h(mc (',~c~ )/~/~ ; 'z /12 /, - ........ Where ils Kings Wqy~ in Fox Fire is Il (.])lllily I~ad Where as l..ivingslo, i{oati will e.tl)ty (). l() Ih~di() i{()ad ~l.d treme.(h).sly increase east l).tx.(l traffic h) S~lnl;i ll~lr'l)~ir~l Blvd. ~ln(I wcsi i)~)..(i traffic to Airl)ort-l)ulling R()a(l, which we w().hi h~vc lo lravel I() re;ich l)()inls s()ulh of Briarwo()(l, ciosi.g Kings W~ly w().hl he ~l (iel~niie ~ll'cty hw/~lr(! ;In(l a hardship fi)r all Bi'ia rw(~()(I Rcsi(icn/s. t! Where ns Kinl~__W__~ay in I,'ox ltirc is a Where ;ts l,ivi[]~sl()[I I~oatl will eml)ly ()II lc) i~a(li() l~()n(I JlICI'C~ISC C;ISl i)ouml tr~ffic lc) ~2illt;I llarl)nrn lilv(I, ami west AiJ'l)()ri-lhsilin~ l{on(I, which wu w()uhl hnvc I(~ Irnvcl I() r~nch i)()inln ~()ulh ilrinrwoo(I, ch)sing Kings Why ~voul(I I)c a (Icl~uilc snfel), ha'/Jnr(! imrdshii) fl.' nil Ilriarw(m(I l~csi(lcnls. 12. Where ~.s Kings ~'~_/i!~ in Fox i,'i,'e is Where ~ls l.ivingsi(m R():,d will empty (). l() Ra(li() i(();l(! ;~n(l trcmc.d(,.sly increase cast b()un(! Iraffic h) S;int~ ll:lrl);~nl Blvd. :~n(! west hound Ir'Itt'ftc Io Airl)orl-l)ulling Ro~i(i, which wu w()ul(I Jl~vc lo lf'avcl f() rc;sch i)()i.ls s().~h ()f Briarwo.(i, cl()sin~ Kings W:iy w().hl I)c hardshi!) fl)r ~il IIf'iarwoo(t We (he un(lcrsigne(I Ol)i')ose file I)rivn(inlti()n ()£ Kinff,.s \Var is, I<(~x l"ire: i / Ill. · ^ '"' ' " ." :/ ' ~ . :.,:: '. .,.. , , ~ ,; 13< · . ..... ~ ~ ..... '., .... '__ ........ ~ ,jilt , , . / t lib Where as Kings Way. in Fox Fire is a ('?oun[~. Ih)ad Where as l,ivingston Road will empty ()f~ to Radio Road and IrctJtCndmtsly increase cast bound traffic to Santa llarbara BIv(J. and wesl I)(mn(I traffic Airport-Pulling Road, which we would have to h'avel Io reach iminls Briarwood, closing Kings Way would he a tlefi.ile sat'e~y ha'u;ird ami hanlship fi~r ali Briarwood llesidents. We tile un(lersigxled ol)pose thc l)riv;lli'/.ati(,[i ,~f Kings Way i, F.x l"ire: ~l!~e (I)ri.( & ~ig,,) ~- ~'~ I'h().u . ~.-. -.' _./' ' /~., .. ~' ~/. ,,. · 'v,- ..... '-- ~: ,. .~_~..~ ............ - ~ L ...... -- ....... 7.I ~:?; ~"~ ~'/?'.,7' ~,,.,'..'; ,' ' - ' ~.._ 2 ............... : ............................... '2 : ..... : ..... ., , ........................................... : ........ '-":'" :- ?50 C~ L.: 14. ~ _~'.,!!!1~ (l~ri~xt & si~) ~k(l(lrc,s~ l)]J~[]~' !(1. II. 12. 13. 14. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homcov, mers request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who rive in thc area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. May 13, 1999 TO: Collier Count}, Commissioners Ri-.: Kings Way Closing PETITION Thc £ollowing Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more tra~¢ on ,"tn already crowded Davis Boulevard, Airport Road. and Smuts Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. l{omcowner Address Phone # l'- '? 9 :y-,? May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on an akeady crowded Davis Boulevard, Airpor~ Road. and Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate rcvcrsal of this decision is requested. · .} ( ( May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and acids even more traffic on ,'tn already crowded Davis Boulevard, Airport Road. and Santa Barbara Boulevard. Further, it causes urkmf'e conditions. Your immediate reversal of this decision ks requested. Address Phone 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The £ol]ox~4.ng Collier County Homeovmcrs request that you reverse }'our decision m close Kings Way to public traffic. This closure poses a serious inconvenience to those of us '.,,'ho live in the area and adds even more traffic on an already crov,'ded Da,As Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. ItSomeowner" Address Phone , cd 7 "7'i..; t'; d ,, May 13. 1999 , ~.. ,,. TO: ColLier County Commissioners RE: Kings Way Closing PETITION Tlne following Collier County Homeox,mcrs request that you reverse 5,'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ,.','ho live in the area and adds even more traffic on ,an akeady crowded Dav/s Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. 'I!omeowne? Add ress Phone # t//7 - ?TVc May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The folloxving Collier County Homeowners request that you reverse ),,'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevm'd, Airport Road, and Santa Barbara Boulevard. Further,' it causes unsafe conditions. Your immediate reversal of this decision is requested. May 13, 19P9 TO: Coll/er County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate revemal of this decision is requested. Homeowner Address Phone # / 7 7:/77 77:-~/7"? - ) : ~'~! .... '-' "/'7 May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION / / The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ,.,.'ho live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road. and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Where as Kings W. ay in Fox Fire is a County Road Where as Livingston Road will empty on to Radio Road and trcmundously incre~e east bound traffic to Santa llarbara Blvd. and west bound traffic to Airport-Pulling Road, which we would have to travel to reach points south of Bria~, closing Kings Way would be a definite safety ha~srd aud a hardship for all Briarw~d Residents. We the undersigned oppose the l,rivatizafims of Kings ~Vay itt Fox Fire: Name (print & ,,igu) Address Phone / ?~ . s5 ,:'¥ ./, >..2 ~ .--./. 5, . .D 7,7,-- '7 3 }o &c 7 '~ ';-- e '7 5-6 '7'7q- May 13, 1999 TO: Collier Count)' Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on an already crowded Davis Boulevard, Airpor~ Road, and Santa Barbara Boulevard. Further; it causes unsafe conditions. Your immediate reversal of this decision is requested. ? f' '?'/,:'-,:VII -/,2..'2 b KEEP KINGS WAY OPEN TO TIlE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in l:'oxfi,-e to .public access. TI'ds closing is not in the interest ofthe majority of residents o['t[~c area who usc this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and P, adio Roads. i!I NAhlE A reconsideration o£ this clccision is rcqucstccl. A I)I)R ESS i/ KEEP KINGS %VAY OPEN TO THE PUBLIC undersigned, a rcsicicnl of'Collier Cotmly, is opposed lo closing I<ings Way in Fox fi,-¢ to mblic access. This closing is not in thc/ntcrcsl of thc majority of rcsidcnls of thc area who usc :this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio ~:Roads. , reconsideration of this decision is rcqucstcct. NA5I E A 1)I)1,1 ESS TI'~I~EIq lONE '7 KEEP KINGS WAY OPEN TO TIlE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to )ublic access:' This closing is not in the interest of the majority of residents of' the area xvho use !:this roadway for local access (shopping, banks, doctors, etc.) bctwec, Dvvis Blvd. and Radio Roads. A reconsideration of lifts decision is rcqucstcd. :.NAME .,\ I) 1) I:~ I'7, SS (14.7 / TEI.I'~PI lONE .,5 Lc ~ ,:' i.,. ,a 7' t c(.)b.~ t.'L .) KEEP KINGS WAY OPEN TO TIlE PUBLIC ~i~i.The undersigned, a res/dent of Collier County, is op)oscd to dos/n, I" ,., ,'..' ~ · . ti l' . ..... t g x~,~.s~.~ ~n loxfi~eto ~ b ~c access. ] h~s closing ~s not ~n tho ~nterest ortho ,,~;~,-;,- this roadwa., for Io~-' ....... ' ..,u-,,ty u~ ~c>~t~C~tS O~ IDa area who use y ca~ access (SllOpI)lll~, banks doct~ ,.,o ~ ~ ........... ,~ · ..... ~ -, ~,o, ~t~,) uUt~kCCll IJflVIS 151V(I alld Radio Roads. '~}~ A reconsideration of this dec/s/on is rcqucstccl. NAhlE k :" . DDRLSS 7;e//o-V"E4,.~, I/" TEI.,EI'I lONE ¥ '2-- 2 / % 3 -- c\-L $ I / KEEP KINGS WAY OPEN TO TI-IE PUBLIC The tmdersigncd, a resiclcnt of' Collier County, is opposect to closing Kings Way in l"'oxfi re to public access. This closing is not in thc interest of' the majority of' rcsidct~ts of` the area who use this roadway for local access (shopping, banks, doctors, etc.) between l::)~vis Blvd. and Radio Roads. A reconsideration o£this decision is requcstcct. ,,\ I)I)1~, I'~ SS KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier Cmmty, is opposed to closing I<ings Way in Foxfire to ptl.bhc access. This closing is not in the interest of' the majority of' residents of lhe area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration oF this decision is requested. ~ ,.NAglE AI)I)I{ISSS /39'0 coo /. c :~ ,.,., oo h . /A-X~ 6S: KEEP KINGS WAY OPEN TO THE PLIBLIC The undersigned, a resident of Collier Cottnty, is opposed to closing Kings Way in Foxfire to 7,1.:!!, public access. This closing is not in the interest of the majority of residents of the area who use lliis roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. reconsideration of this decision is requested. .NABIE ,\I)I)I~F~SS TEI.EPI lONE KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. TI'tis closing is not in the interest of the majority ofresictents of the area who use · ,- ti'tis roadway for local access (shopping, banks, doctors, etc.) between D:.vis Blvd. and Radio ~,,~ Roads. A reconsideration of this decision is requested. :..NAglE AI)I)I,tESS TEl. IV. lq lONE '77,./'--.. I, KEEP KINGS ~VAY OPEN TO THE PUBLIC :i~? The undersigned, a resident of Collier County, is opposed to closing Kings V,':~v in Foxfire to i'{ii:, public access. This closing is not in the interest of the majority of residents of t[~e area who use this roadway for local access (shopping, banks, doctors, etc.) between D::x'is Blvd. and Radio Roads. A reconsideration of this dec/s/on is requested. NAhIE AI)I)IIESS TELEPIIONE . .. .. .9 /] KEEP KINGS WAY OPEN "FO THE PUBLIC The undersigned, a rcsictcnt of Collier County, is opposed to closing Kings Wav in Foxfi,-e to public access. This closing is not in the interest of the majority of residents oft[~e area who use this roadway for local access (shopping, banks, doctors, etc.) between D:~x'is Blvd. and Radio ::'; Roads. ~ 'A reconsideration o£this decision is requesled. AI)I)RESS T I'; !.1.; PI ION 1.; !;5. / - . ' ' · .' 41 : -2 ;? KEEP KINGS WAY OPEN TO THE PUBLIC Tile tmdersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is not in the interest of the majority of residents of thc area who use ti'tis roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio ROads. reconsideration of this decision is requested. TI,~ LI'~PI IONE KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing l<ings Way in Foxfire to public access. This closing is not in the interest of the majority of residents of the area who use .this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio reconsideration or,his decision is requested. NAME AI)I)RESS TI';LEi'I lONE '7. '?)- 0~.~'-'~ NLay I3, 1999 .lib -? TO: Collier Cou:-.r/CommLss[oners R_E: :G. ngs Way C]osing PETITION The foklo,Mng Collier Count'/Homeovmers request tt'at ':'ou r:'.'ers¢ ':'o '~ decb[cn :o dose KD. gs Way to public tm.fflc. "Fn/s closure poses a serious i. nconvexience to '~ose of us '.','ho [i,,'e Ln :he z'z'.,- znd ad,is even more tm. fflc on an already crowded Da',% Bou!e','~d, .-',3,Ton .-'.cad. z".d ~&nt3 B~ba. ra Bouleva.rd. Fur'&er,' it ca~es u:~Ze conci:,tier_,s. Your ~a~.e~Eate reve:-:,a.l o f uhi~ dec:sion ~ reque~ed. F[omeowner Address /- '" ') ') I '~ ..,: J ~-; Phone May 13, 1999 TO: Collier County Commissioners KE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ',,,'ho live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, ~d Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Homeowner Address Phone # ':' · : :, tll 5 7 /- / ,/ :'~,?-F. rd. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The follov,'ing Collier County Homeov,'ners request that you reverse 3'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ',,,'ho live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, ,'md Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. tlomeowner Address Phone # May 13, 1999 2,1 TO: CoLlier Coup, t"/Commissionozs RE: ,t2n~s Way Closing PETITION T'n¢ follo',~4ng Collier Count-/Homeowners r,~que~ that ':'ou reverse ':'our K.L,,,gs Way to public wattic. Th~ clos~e poses a sedota Lp. conv¢~eac,,, to those of us w'no !','e Ln '~- ...... ~.d adds even mort tra. L2c on aa alread7 crowded Davis Bou. le','~d, .. ;XJ~.~on Road. ',,.nd Santa B~ba-a BouJ. e,~d. Further; it cau.ses ua_~f'e cond. itlo~. 'fo~ kn_mediate :~','e,-~al of tki.s decision ks Homeowner Address Phone Nkay 13, 1999 TO: Coil/er Cour, r/ Commissioners ,'~F_.: :'~in~s Way C~osSng PETITION 'fine fo[loaNing Co~ier Count',' Homcowr. crs ~cqucst that ';'ou r~','crsc Kings Way to public T'r'2s closure poses a serious ir, converfience to tSose of us who Live in the ~-','a md adds eve= more tm. fflc on a= a/ready crowded Da,As Boulevard, .. :MrTon Road. B~bara Boulevard. Funker; it causes 'u.ru~% cond2.tians. You.r i.mmecLhte reve,'r:,,al of tl'Ss derision is reaues:ed. FIorneowner .May 13, 1999 /I TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you revcrsc 5'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. r-/7:- 1 ?¢/q' ,/2 We t.he people of Q'/-~ oppose thc vacation ~!~:?'of .Kings Way in Foxfire. We w&l/'Jhe com3'nissioners to r~consider their actions of May 1 l th, 1999' ~" "-- '/::: 3. ?:."6. 12. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 7.,5 * ,/ pl / ' ,~ z,, (,.,. Oppose the vacation the peo e of . , ~,., of Kings Way in Foxfire. We want" the cQmm!ssioners to re~o~)~ler t~i,~ of May 11 th, 1999: , ' 11. 19. -;f,'.,; 20. 21. 22. 23. 25. 26. 27. 28. 29. 30. the people of /'Il ~ ' ~ t~. O~.. b~./c, Ot) oppose the vacation of Kings Way in Foxfire. We wan~ the commissioners t~ r.~c~sid~ t~teir aCtions of May 11 th, 1999: a. ,I. ~J '~;~1 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Se the people of oppose the vacation gs Way in We want the commissioners to reconsider their ~ns of May 1 lth,.199~: 11. .) 25. ' / : / / ...'2 __., 29. 30. peopleof . )h~t~,~ oppose the vacation of Kings Way in Foxfire{ ~re ~ant the commissioners to reconsider their actions of May llth, 199~9' d_E.C~ ~--r--&._ ,~'~--' ~-.~ ~.,~57.~ ~ 22. 13 " 28 ,?d, 1/) ._ -~-' / 4.° 1 15. (_/%.~=' .... '--.' :,. ~..-,,' .... 30. We the people ~ / ~ ' of (... <z.;.t /: <c.f:5~.~../ · oppose the vacation of Kings Way in Foxfire. We (~vat~t the commissioners to reconsider their ,,tiOns of May 11th, 1999' 1 '~ ~, ' ~[:., 15. people of ('~ ~)&.- t-/-'SZ[o,,~-M oppose the vacation of Kin Way in Foxfire. We want the commissioners to reconsider their of May 11 th, 1999' '; ' ~' ~3. '"'~'~. 18. ~-;: :.' ~-~' ~,, C~.,,j~ ~.~ '~,~,~ / ,~ ,. ,., . ,:. ., -,' ,.,,,,, ..., 19. 5 4"". "'"' ' · ~ O'~,./ I .,,../,/ / ~',,., . .~ 20. ~' (/ I" -/ '" O, , , ~ '" ' ,' .' ...7./.~,,~',,1, :....,. ~B~:'8, {,::' -~ .'.-.":,' ' , . '~ -- 23. ?-~,~ "1/ . / ,'V ' I/. .,P' p ~ / . .~./. x ,, . . > _-' ..~ ~ .. ~... 1.._/_.1o-~.,-',.: ~ ~ "..': ,v..... _26. ,",' ~"~' ~'7 .... ~'q'~' 12.' ~!..' ~, .' ,, , .27 >/.. 13: ~ ~s ~,.,.,,: '" '"., ........ 28. ~,~ o~. &~ ~,' o ~:!We t e people of "/-'Or/h'//~/'" ~' //L. 1/~, oppose the vacation :i~i;iii!°f K~ngs Way in Foxfire. We want the commissioners to reconsid~, r.their ~:"aCtions of May 11 th, 1999' .k ~ ~:~.!t , ~ 10. 22. ~~d~ 23. 24. 25. 26. 27. 28. 29. 30. "W~ the p peo le of (Z,,:-,,'4 ,:// j' /' --,ct /, ...../Je 4 ~/ oppose the vacation of Kings Way ,n Foxfire. We wafit tff~ co~,ss~oner~ to reconsider the~ ::ions of May,)th, 1999: '/~4~%~c ~)c/~ L~ ~ ,t. ,t 17. 18. 19. 20. 21. 26. 27. 28. 29. 30. actions of May 11 th, 1999: the people of.g.~ flO~lLaJ oppose the vacation gs Way in Foxfire. W{:: want the commissioners to reconsider their .-, -') .... . ,, . 17. 18. 19. 10. 11. 12. 13. 14. 15. 24. 25. 26. 27. 30. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PE2TTION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traltic on an already crowded Davis Boulevardq Airport Road, and Santa Barbara Boulevard. Further; it causes tmsafe conditions. Your immediate reversal ofthb decision is requested. Homeowner Address Phone ~ __.--0 .. ..._- 't/'"/-~ 'A;, .~ -. ,' . ,:/ ~, , ./ . lib Petition to prevent the closing of Kings Way in Foxfire ~ubm;.[[ed by residents of Blue Skys Co-op Inc. 6405 Radio Road, Naples FL The undemigned residents of Kim D~ive in Blue Skys Co-op inc. protes[ [he ciosing Kings Way in Foxfire thus creating further congestion and safety hazards on Radio Road and Davis Boulevard: May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION q-he following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who llve in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision iq requested. Horn eown er Address Phone # 7 Petition to prevent ti~e closing of Kings Way in Foxfire submiHed by residents of Blue Skys Co-op Inc. 6405 Radio Road, Naples FL The undersigned residents of San LuRue Ddve in Blue Skys Co-op Inc. protest the closing of Kings Way in Foxfire thus creating further congestion and safety hazards on Radio Road and Davis Boulevard: May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following CoUier County Homeoxvners request that you reverse your decision to close Kings Way to public traffic. Th/s closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard,,. A.irport Road, ,'md Santa Barbara Boulevard. Further,' it causes unsafe conditions. L, ~'~ ;;~. ~ ,~ o £? Your immediate reversal of this decision is requested. Address Phone # /o,s --- --- i O:' ,~,-~ "© -- May 13, 1999 lib TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeov:ners request that you reverse your decision to close Kings Way to publ/c traffic. This closure poses a serious inconvenience to those of us who live in the area ,'md adds even more traffic on an already crowded Davis Boulevard. Airport Road, ,'md Santa Barbara Boulevard. Further, it c~uses unsafe conditions, l f~ ,a b f; '~ '" Your immediate reversal ofth{s decision is requested. Address Phone # h: '1 /3 May 13, 1999 TO: CoLlier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeov:ners request that ,you reverse >'our decision to close Kings Way to public tmftic. This closure poses a serious inconvenience to those of us ',,.'ho live in the area and adds even more traffic on an already crowded Davis Boulevard,. Airport R.o, ad, ,'md Santa Barbara Boulevard. Further, it causes mzsafe conditions. Your immediate reversal of this decision is requested. Homeowner Address Phone # /-: :'5 : ' · , , >',,_: ~ /.; ¢.~,,,,' ,, /-.-':¢,:/ , ',, ,,,, "" - "' ' , '-'-' '1 \ ( I.¢ ¢, t · Petition to prevent the closing of Kings Way in Foxfire submitted by residents of Blue Skys Co-op Inc, 6405 Radio Road, Naples FL The undersigned residents of Blue Skys Drive in Blue Skys Co-op Inc. protest the closing of Kings Way in Foxfire thus creating further congestion and safety hazards on Radio Road and Davis Boulevard: Address: ~j: ~ _~.._~-_z___ "~'. ~_'.~_,.."_ ....... ___ -: . N. Lay 13, 1999 lib TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area ,"md adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reveml of this decision is requested. May I3, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The follovdng Collier County Homeovmers request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us ,,','ho live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The follox~4ng Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area ,and adds even more traffic on an already crowded Davis Boulevard, Airport Road, ,'md Santa Barbara Boulevard. Further, it causes un.safe conditions. Your immediate reversal of this decision ks requested. Phone# May 13, 1999 TO: ColLier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the ~ea and adds even more traffic on an akeady crowded Da,As Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Itomeowner Address Phone ti 'i' May l 3, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION Thc following Collier County Homeowners rcqucst that you rcvcrsc .','our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Furthcr, it causes unsafe conditions. Your immediate reversal ofthls decision is requested. ,jr ? · "J. ': ""P 4,5 _'. 7'> !' May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live ia the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Homeowner Address ' '-' ff,,z,~ ,. -. 4-' j~7,:/" ~ i ,'" ? ' ~ *, ~ t" ,,' ;'" ' ' Phone# ..... - ;.,;./:?/./.' ../;}') t:, / .ti,:.(. - ..>; f ,.,'./ I May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public trnftic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further; it causes unsafe conditions. Your mediate reversal of this decision is requested. May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse >'our decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. · ;; .Itg[neowner .Address Phone # / ~~ Ln~ ~'2~- D~R~L ~-~.LF ~9c1-1Co~~ May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes ~e conditions. Your mediate reversal of this dccLsion is requested. ttomgpwner . Address May 13, I999 TO: Collier County Commissioners RE: Kings Way Closing PETIT[ON The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. Th. ks closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. Homeowner Address Phone # 7/>' May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request tlmt you reverse your decision to close Kings Way to public traflfc. Tiffs closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further, it causes unsafe conditions. Your mediate reversal of tkis decision is requested. Homeowner Address Phone # : ...... I ,, . - ,,, llg KEEP KINGS ;,VAX,' OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfi,'c lo public access. This closing is not in the imm'est of the m~iority of residents of thc area who usc this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads A reconsideration of this decision is requested. · NASIE :\I)I)I/F.,SS TELI,;I'i lONE , / i if/ ~ KEEP KINGS XVAY OPEN TO THE PUBLIC undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to ~lic access. This closing is not in the interest of the majority of residents of tl~e area who use this roadway for local access (shopping, banks, doctors, etc.) between Dw,,is Bh'd. nnd Radio Roads. reconsideration oFthis decision is requested. E AI) I)I>, I';SS TI'; LI'H'I lONE ,' i ti f I KEEP KINGS WAY OPEN TO THE PUBLIC The tmdersigned, a resident of Collier County, is opposed to closing l<ings Way in Foxfire to :ipublic access. This closing is not in the interest of the majority of residents of thc area who use this road;vay for local access (shopping, banks, doctors, etc.) between Da;,is Blvd. and Radio A reconsideration of'this decision is requested. NAhlE :\I)I)1~ ESS 1.5/;/ ~.l z /. ,,~ ,~ ~ ','_' '~ ," " · rl.:l,151~l I()NI'~ '1 'I ,4, KEEP KINGS WAY OPEN TO THE PUB undersigned, a resident of Collier Cottnty, is opposed to closing Kings Wav in Foxfi,'e to ~ublic access. TI'tis closing is not in the interest of the majority of' residents of the area who use this roadway for local access (shoppir~g, banks, doctors, etc.) between L)avis Blvd. and Radio Roads. ':A reconsideration of'this decision is requested. NAglE A I)I)I~,I';SS TEI.F. PI lONE / / t/ : /' ' r' ' ' " i';/, > I I I KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resident of Collier County, is opposed to closing l,~ings Way in Foxfire to )ublic access. This closing is not in tile interest of the majority of residents of tile area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio reconsideration of this decision is requested. E h I) 1) I~, I5SS TI'; I,I';1'I I()NI'; 'i ' ',c?.-"' .///,' -,..' .... llB KEEP I<INGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfirc to )ublic access. This closing is not in tile interest of'llte maJority ofrcsidcnts or,he area who usc this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and R. adio Roads. A reconsideratior~ of Ibis decision is requested. ]NAME :\ I) 1) 1.1. E S S TEI, EI'I ION E '7 PKINGSWAY O HEPUBLI ~i;e undersigmed, a resident of Collier County, is oppoSed_to_closing Kings Way in Foxfire to ~t[blic ascess2 T¢is c?sing is.asr in ?e i)terest Sf,!~e majorjt~ of resk~nts, o[,.l,e, area.,?~.use tiffs roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. reconsideration of this decision is requested. II [1-< . [i , KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to ?ublic access. This closing is not in file interest of ll~e majority of residents of the area who use this roadv,'ay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio ROads. i:: reconsideration of this decision is requested. NAME ! 0..,% '5 d 'L ..... '-; -) KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resident of Collier Cotmty, is opposed to closing Kings Way in Foxfire to >ublic access. This closing is not in file interest oftl~e majority ofresidcms of the area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio ~s requested. ,,\I)I)I~.ESS TEI.EI'I I()NE 'x l~f:y 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The Following Collier County Homeowncr~r'~equest that you reverse your decision to close Kings Way to public tmftic. This closure poses a serious inconvenience to those of us ,,,.'ho live in the area ,'m,d adds even more traffic on an already crowded Da',Ss Boulevard, Airport Road, ,'md SanTa Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. llomcowner ~t L-% '¢ i~ 5¥-c' "F-~,' ," 5, tJ . 'c) t¢ l - 3'-/8 -S=-~ ' KEEP KINGS WAY OPEN TO THE PUBLIC .The undersigned, a resident of Collier County, is opposed to closing Kings W..~v in l;'oxfire to public access. This closing is not in tile interest of Ihe majority of rcs/dents of the area who use this roadway for local access (shopping, banks, doctors, etc.) between I)avis Blvd. and Radio ROads. ':A reconsideration of this decision is requested. NAhlE ,A.I)I)R ESS TiSLEI'I lONE / f. · , ! 1.i/3 KEEP KINGS XVAY OPEN TO THE PUBLIC undersigned, a resident of Collier Courtly, is opposed to closing Kings Way in F'oxfire to X, blic access. This closing is not in fl~e interest of the majority of reside,its of tl~c area who use roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio reconsideration of this decision is requested. ,\I)I)I~,I5SS TF'.I,I':I'I lONE /; ,. ) · < ' : ' :" t ,' ,',";' · ./. '2 .... t ?>' t,: //': -, May 13, 1999 5¸; TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County-Mome-o'~ners request that you reverse >'our dcciaon to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in the area and adds even more traffic on an already crowded Davis Boulevard, Airport Road, ,'md S~ta Barbara Boulevard. Further, it causes unsafe conditions. Your immediate reversal of this decision is requested. It~"u~.~ n e r Address Phone lib KEEP KINGS WAY OPEN TO THE PUBLIC undersiDmd, a resident of Collier County, is opposed to closing Kings Way in Foxfire to Public access. This closing is not in the interest of ll~e majority of residents of the area who use this roadxvay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio A reconsideration of this decision is requested, NAhIE / ¢ fw ~ r '"' ,. r, A DI) P, I,;SS TI.; 1., F~ PI lONE I!t ,; 118 KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resident of Collier County, is opposed to closing Kings Way in F'oxfire to mblic access. This closing is not in the interest of the majority of resider, s of' thc area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio 'Roads. Areconsideration of this decision is requested. NAM E Al)DRESS TISLEPI 1ONE / I ;' I ,7 KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to ~;: ,. public access. This closing is not in the interest of the majority of residents of the area who use ~::.-:~ 5: this roadway for local access (shopping, banks, doctors, etc.) betweeu Davis Blvd. and Radio ?5 Roads, ..? A reconsideralion of this decision is requested. .,2;~-i" NASIE AI)I)RESS , : I [ 'I'I:~I~I~1'I lONE o~ llB KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is not in tile interest of the majority of residents of the area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. .NAME ,,\ I) D I~, ESS TELEPIIONE ::' ," > ,,/c'q'" I, KEEP KINGS WAY OPEN TO TIlE PUBLIC :,The undersigned, a resident of Collier County, is opposed to closiag Kings Way in Foxfire to , public access. This closing is not in the interest o£the majority of residents o£the area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. A'reconsidcration of this decision is requested. NAME ,,\i}I) I{ESS T EI.F.I) I lONE I) ' i' ! ', public access. This closing is not in the interest of the majority of rcsidcnts of tile area ,.,.ho use ~this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio reconsideration of this decision is requcstcd. .-.NAME [ ;\I)I)I~.ESS TELEPIIONE ,/ ,) KEEP KINGS WAY OPEN TO TIlE PUBLIC undersigned, a resident of'Collier County, is opposed to closing Kings Way in Foxfire to mblic access. This closing is not in thc interest oflhe majority of residents of the area who use ti'ds roadway for local access (shopping, banks, doctors, etc.) betweer~ Davis Blvd and Radio reconsideration of this decision is requested, ! ,() ., / ~ ; ' / /~~Iff llEl KEEP KINGS WAY OPEN TO THE PUBLIC ttndersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to >lic access. This closing is not in thc interest of the majority of residents of the area who use this roa&vay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio ~}:~'A reconsideration of this decision is requested. NAb I E A 1)I) R ESS TE I, Ei'I ION E ) ,' :1 'r'(,,' ,:. ? '} / > <: ~, ,,/ ..£ : 'i"-/-' /:'-:; '? KEEP KINGS WAY OPEN TO TItE PUBLIC The qndersigned, a resident of Collier County, is opposed to closing I<ings Way in Foxfire to Phblic access. This closing is not ill the interest of'the majority of' residents of the area who use ~tllls roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio ROads. reconsideration of' this decision is requested. :.NASIE .,\ I)1) I~, ESS TE LI';I:'I IONE ,)Cb / /" ..Z (::. : ,>, &,>'/,' :~,7:'~. KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfi,'e to Public access. This closing is not in the interest of tl~c majority of residents of t[~c arca who use ::'~'this roadway for local access (shopping, banks, doctors, etc.) bctwccH Davis Blvd. and Radio i,,:,./, 1:"' I.,.,,,, c:.( l') 'I'I';I.Ei~I lONE 1'7,, '77 KEEP KINGS WAY OPEN TO THE PUBLIC 118 undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to mblic access. This closing is not in the interest of the majority of rcs/denis of the area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. i!'.! A reconsideration ot" this decision is requested. NAg 1 I5 A I)I) I>, I5 SS TI';I,EPI lONE May 13, 1999 TO: Collier County Commissioners RE: Kings Way Closing PETITION The following Collier County Homeowners request that you reverse your decision to close Kings Way to public traffic. This closure poses a serious inconvenience to those of us who live in thc area and adds even more traffic on an alrcady crowded Davis Boulevard, Airport Road, and Santa Barbara Boulevard. Further; it causes unsafe conditions. Your immediate reversal of this decision is requested. KEEP KINGS WAY OPEN TO THE PUBLIC The undersigr~ed, a resident of Collier County, is opposed to closing Kings Way in l?ox fi re to access. This closing is not in the interest o£1he majority of residents o£t[~e area who usc this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio A reconsideration of this decision, is requested. NASIE AI)I)I{ESS TEI, F.i~I lONE --7:i ~' _)%/_% ~ll?"©?c' 5 S'.f,.D Q, c-, ,5 ", I / /'? ? KEEl' KINGS WAY OPEN TO THE PUBLIC Thc undu~s{gned, a resident of Co]l[e~ Coumy, ~s opposed to dosing K~ngs Way ~n Foxfire ~o publ~c access. Th{s dosh~g {s not h~ fl~c h~e:'es~ of fl~c majorky of rcs{rictus of ~l~c ama who usc :!lfis roadway For local ,access (shopp[ng, banks, doctors, etc.) between Dav~s Blvd. and Radb KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to )tlblic access. This closing is not in the interest of the majority of residents of thc area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio )ads. reconsideration of this ctccision is requested. L. 79::5- 753/ , KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to.closing Kings Way in Foxfire to 'Public access. This closing is not in the interest of' the majority of residents of the area who use !his roadway for local access (shopping, banks, doctors, etc.) between Ii)avis Blvd. and Radio reconsideration of this decision is requested. NAb! E AI) I)RESS TI,~ 1,I';1'1 lONE -9 ~ .? ' IT/el i KEEP KINGS WAY OPEN TO THE PUBLIC :The undersigmed, a resident of Collier Courity, is opposed to closing Kings Wav in Foxfire to Public access. This closing is not in thc interest of the majority of residents of thc area who usc roadway for local access (shopping, banks, doctors, etc.) between I)avis Blvd. and Radio 'Roads. reconsideration of tiffs decision ~s requested. ~!:!i NA~IE AI) I) F~ I;.,SS TI'; 1. F.P I ION E .ti,. KEEP KINGS WAY OPEN TO TItE PUBLIC undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to flic access. This closing is not in the interest ofthe majority of residents of the ama who use roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and P, adio R~ads. reconsideration of this decision is requested. AI)I)RESS TEI,Etq lONE ,.? "; ,," '::'>:'>'-.-/t: / 7/ . KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resident o£Collicr County, is opposed to closing Kings Way in Foxfi,'e 1o public access. This closing is not in the interest of the majority of residents of the area who usc ti'tis roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio reconsideration of this dccision is requested. NAhlE AI)I)I~. F.,SS TICI,F.I'I IONIC c // /! / , . I I~ :°i " B :; ,I undersigned, a resident of Collier County, is opposed 1o closing Kings Way in Foxfirc to public access. This closing is not in the interest of' the majority of residents of the area who use his roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. reconsideration of this decision is requested. .NAME ,,\I)I) RI.;SS " '/ C-~:' ~' ~. ,. i , '.! ?._ 27 d KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to >ublic access· This closing is not in tile interest of'tile majority of' rcsi¢tcnts of. the area who use this roadway for local access (shopph~g, banks, doctors, etc.) between Davis Blvd. and Radio iRoads. reconsideration of this decision is requested. AI)I)RESS {I TI';LEPI IONE l. KEEP KINGS WAY OPEN TO THE PUBLIC ri'he undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to public access. This closing is not in the interest of the majority of residents of the area who use this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. reconsideration of this decision is requested. NAhl E :\ I)1) I~. ESS TI£ L EI'I IONE /'L~ /, / .61' ,: ILST' · ~ ~., 2.,_,9'5 ¥ 'D 118 KEEP KINGS WAY OPEN TO TIlE PUBLIC undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to mblic access. This closing is not in the interest of the majority o[' residents of' the area who use roadway for local access (shopping, banks, doctors, etc.) bet,,veen Davis Blvd. and Radio Roads. A reconsideration of this decision is requested. .NAME AI)I)RESS - ~,,(. ! 1' .., ,,',, .,,/ / ':,.,.. TF~LEI'IIONE · (. , J j: · llB KEEP KINGS WAY OPEN TO THE PUBLIC The undersigned, a resident of Collier County, is opposed to closing I{ings Way in Foxfire to public access. This closing is not in tho interest of tho majority of residents ofll~e area who use 'this roadway for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio Roads. reconsideration of this decision is requested. NAM E AI) I) R ESS TE LEPI ION E ,/ ri. /' y. / ./ KEEP KINGS WAY OPEN TO THE PUBLIC iii:~. The undersigned, a resident of Collier County, is opposed to closing Kings Way in Foxfire to Ptlblic access. This closing is not in the interest of the majority of residents of the area who use this roadway for local access (shopping, banks, doctors, ere ~ between Davis Blvd and Radio Roads. ,NAglE ,7..7/,. KEEP KINGS WAY OPEN TO TIlE PUBLIC The undersigned, a resident of Collier Cottnty, is opposed to closing Ki,~gs Way in Foxfire to 4lc access. This closing is not in the interest of the majority of residents of the area who use this roadv.'ay for local access (shopping, banks, doctors, etc.) between Davis Blvd. and Radio :A reconsideration of this decision is requested. ./~::.~.NAi IE ADI)RESS TEI~EI'I IONE ,../ '( t:. :, ,,. ,,., ,. ,, ~,.., ),),. , .,, :/ · '. ,...4.~(?,( KEEP KINGS WAY OPEN TO THE PUBLIC undersigned, a resident of Collier County, is opposed to closing l(ings Way in Foxfi,'e to public access. This closing is not in the interest of the majority of residents of the area who use this roadway for local access (shopping, banks, doctors, etc,) between Davis Blvd. and Radio 'A reconsideration of this decision is requested. NAME AI)DRI';SS TELEI'I IONE :, ,-/ cf) · Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TO~IYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #915846 57881757 91-102/PUD-99-03 NOT State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples 0ally News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/23 AD SPACE: 146.000 INCH FILED ON: 05/24/99 91.102/PUD-99-03 NOTICE OF INTENT TO CONSIDER . ORDINANC~ ~1' Notice Is ~y given[ that on TUESDAY,I JUNE 8, 1~, In ~m, ~d FI~ me~ Ce~r~ 3~1 E~ T~laml Troll, FI~I~, ~e ~d ~ C~ Commissioners will c~sl~ fha e~- me~ M a C~ Ordl- n~e. The me~ will c~ ~ 9~ ~ ~e ~le ~ ~e ~ ~dln~e Is ~ f~lo~ AN ORDINANCE A~ENDING ORDI. NANCE NUMBER 91-10~ THE COLLIER COUNTY LAND DE- VELOPMENT CODE WHICH INCLUDES THE CO~PREHEN. SI~ ZONING REGU- LATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~DING ~E OFFICIAL ZONING AT- LAS ~AP NUMBER ~102 BY CHANGING T~ ZONING CLA~I- FICATtON OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~A" RURAL AG. RIC~TURE TO "PUD" PLANED UNIT ~L~NT TO BE KNOWN AS N~LES RESERVE GOLF CLX, FOR A ~AXI- ~UM ~ 552 RE~- DENTIAL O~LLING UNITS, 3.5 A~ES VILLAGE COMMER. ClAL AND TWO HOLE G~F COUR~ F~ PR~ERTY LO- CATED ONE ~ILE NORTH OF U.S, 41 AND TWO MILES ~ST ~ ~. 951, IN ~CTION 1~ TOWN~IP 51 ~U~, RAN~ 26 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF ~ +/- A~ES' A~ PROVIDINg' AN ~ FE~I~ DA~. P~ffl~ N~ PUO-~3. R~ L ~, A~P, ~e, M~ b A~I. ~e~t I~, repre~ N~ R~e ~ CI~, Inc., r~ o rez~ ~ "A' R~ A~I~- ~e ~ '~UD" Un~ ~ ~ ~ C~les ~ ~ ~l~e ~e ~ file w~ ~e ~oll~e ~ I~. Hon. All J~eres~ ~ ~e n~ ~ ~ ~ ~ h~ NOTE: All persons ~ w~ ~e ~ ~ mlnlstrat~ PRIOR to an ~lvl~ ~ ~ ~ rec~lz~ by ~ ~- ~ ~ O1~ 10 rain- Persons wishing to h~e ~n ~ ~ BOARD OF COUNTY ~OMM[~O~s COLLIER COUNTy~ PAMELA S MAC'KIE ~wo~ , DWIGHT E BROCK, C~K ' I~1 Normal l,o(jai Adve[l:l:lemm~ ~_...~ ~her: :.::11:::1::::::1 ......................................................................................... more space needed, att.~lch alp,~=ate ~heet) ~cope~y located one mile no,Ih o~ U.S, 41 end t.~o I'. !)_EI2e.r....I.,_?~.~:.!.[L(j_~: j,~Jt.S~tn...I ?..l..v..l!~),,!, ~.l.c...~!:J i.'. ~,ppr,:,vu and ~ubmlt ortgJl,al t,~ CJ~.,rk'~ 0~[I,:4,, ~,-i.,~.,,,,.~ , copy [or ftle, [.'OR CloEHK',~ O~'FiC['~ UST'; ONl,y i", ~J~j~j': NAPLES DAILY NEWS ~ ~: 263-47~)) ELLIE HOFFMAN May 13, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-99-03 Dear Pam: Please advertise the above referenced notice one time on Sunday, May 23, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, E!lie Hoffman, Deputy Clerk Purchase Order No. 915846 NOTICE OF INTENT TO CONSIDER ORDIN~qCE Notice is hereby given that on TUESDAY, JUNE ~_~)99L_ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of ~he proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORAiED AREA OF COLLIER COU:~i":', ELORiEA BY A_MENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 160102 Bi' CH;CK}i::G THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PP, OPERi':' FROM "A" RURAL AGRICULTURAL TO "PUD" PLA2~NED UNiT DEVELOPMENT AS NAPLES RESERVE GOLF CLUB, FOR A r. UC.:iMUM OF 552 RESIDENTIAL DWELLING bP~ITS, 3.5 ACRES OF VILLAGE COMMERCIAL AND TWO 18 HOLE GOLF COURSES FOR PROPERTY LOCATED ONE MiLE NORTH OF U.S 41 ;d':D TWO MILES EAST OF C.R. 951, iN SEC/iON 1, TOWNSHIP 51 SOUTH RANGE 26 EAST, COLLIER CObalT'f, FLORIDA, CONSiSTiNG OF 688+ ACRES AND BY PROViDiNG ;C: EFFECTIVE DATE. Petition No. PUD-99-03, Robot5 L. Duane, AICP, of Hole Montes & Associates, Inc., representing Naples Reserve Golf Club, Inc., requesting a rezone from "A" Rural Agriculture to "PUD", Planned Unit Development te be known as Naples Reserve Golf Club. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to a[tend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator p~ior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minuses on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~ FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) May 13, 1999 Naples Reserve Golf Club c/o Michel Saadeh 98 Vineyards Boulevard Naples, FL 34119 Re: Notice of Public Hearing to Consider Petition PUD-99-03 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 8, i999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 23, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure May 13, 1999 Mr. Robert E. Duane, AICP Hole Montes & Associates, Inc. 715 10th Street South Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUD-99-03 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 8, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 23, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure AN {)RI)INANf'I! AMI:,NI)ING fH~,I)INANCE N~.IMBF, P, 91-102 TIlE C~)I.I.IER I'OUNI'Y I,AND DEVEI_~WMENT CODE WIIICII INCI,UDES 'llq~ f'OMPRI~III~N~IVI~ ZONING RIKiUI,ATIONS FOR IININf'I)RPf}RATI~I~ ARHA f)l~ COI.I,IER COUNTY~ FI.ORIDA AMENIHN~i 'HIE OI.I:I{'IAI. ZONINt i NIl.AS MAP NIiMBER 16Ot.l: BY CI1AN{iING 'lIIE ZONINfi I'IASSIFICA'HON OF 'IIIE IIEREIN I )I(SCIHIIEI ) REA1. PRI )PER I Y FROM "A' RLIRAI, A~ iRI('I II,TURA1, TO 'TIID' PI.ANNFI~ IINH' DIWFI ~WMENT KNOWN A~ NAPI,I~S RI~SERVE GOI.F CI.UIL FOR A MAXIMIIM (11:552 RESIDENTIAl. DWEI.I.ING liN[IS, 3.5 ACRES f)l: VII.I.AGE ('f)MMERCIAI. AND TWO 18 f;OI,F f'fIIIRSES Ff)R I'IU)I'I(RTY I (K'A'I El} ONE MII,E N()RTII ()F tiS. 41 AND'IW()MllES EASI'()I:('R,~J51. IN SECHON I.'I()WNSIIIP SOU'III. RANGE 26 FAST. COl.l,llq~ L'()IJN'I'Y. FI,ORII)A. C()NSIS'HN(; OF fl88~ A('RES; AND BY PROVII)IN(; AN EFFE(rHVE DA'HL \VIII{RI!AS. R-betl ('. Ihmnc. AWl', .f Ihdt', Mmtles and A.~socialcs. Inc., tcpre'~cming Naples Reserve {hill' Club. htc.. pctili(.led Ibc lhnmt .1( 'lmnly ('mnmi'.,~ioncts Ill cha.ge the ;,.m.g classil'Jcatnm iff Ihe helein described real properly; NOW, TIIF. REF()RE Flmida: SECTION ONE: Thc zrmmg classificatmn of Iht helein described real property lucaled in Section I, Tmvnship 5I Smllh, Range 20 East. Collier Counly, Fh,tMa, T,, changed t'nml "A" P. ural Agricuhural It) "l't;l)" I'lalmed IJnit Development in accortlancc wilh the Naples Reserve Goll'Chib PUD Documc.t, allached hcrelo as l';xlnbil "A" and incorporated by rcferc.cc herein. The ()flicial Zonitlg Atlas Map Number 160102, as desclibed in ()nlmancc Number 9 I-102, the C,.dlier ('ou.ty Land I)cvcl,.~pmcnl Code, is hereby amended acctmli.gly. SI'.'CHON TWO: This Ordinance shall bccmne cffcctwe ,pon filing with the Department ol'Slale. I'ASSI'~I) ANI) DIII.Y AI)()I'II!I) by Ihe Ih~;,d ol'Coumy Commissioners of Collier County. FIm'ida. flus .... day of. ................ . 1999. B()ARI) OF COUNTY COMMISSIONERS COI.[.II~I{ COUNTY. FI.ORII)A I'AMI{I,A .q. MAC'KIF., Clmirwoman Approved ss Io I'.rm and kegal Suflkie.cy -1- NAI)I.I:.~ IH.2$1.~R\'E GOI,I: CI,UB :\ I)I_,',,NNEI) UNIT i)EVF. I,OI)MI';NT EXIlIBIT .,\ th'cparcd by: !101,1:., MONTES AND ASSOCIATES, IN('. 715 Tenth Street South Naples, Florida 34102 }:ebruarv 1999 It5,1.,\ File Nc>. 998052 T,,\BI.E OF ('ONTENTS SIL(."I'I()N I - .~i;liClllCllt of ('Olll['){i;.lllCC ......................................................................................... SE('TION II - i'rol',crly ()',', ncrsi:il'~, l..c~al [),..'.,-;cription. ~hc, r'~ 'l'i~lc .'<,tatcmcnl (',fL ',hilled ('onlrol .................................................................................. 3 SF. CTION II1 -Statcmcnl ,:,f Intern and I'roj,.'c~ I)cscriplion .......................................................... 4 SECTION IV - (Jci:cral l)¢x'¢lc, l',rncnt I.,Ic~uh~tic, r~s .................................................................. SECTION V - Pcnniucd Uses and Dilnensional Standarcis l~r SECTION VI · Pcm~iltcd Uses and DJn~cnsional Standards tZ',r GolfUour.,,c [)cx'ch~j',mcr~t ...... 1.'~ SECTION \"Il Permitted [.;scs and Dimensional Standards I~w Village N¢igl~borhood (~ornrncrcial Ccntcr. ...................................................... SECTION \"ill- t~r~vironmcnlal Slandards ................................................................................... SECTION IX - Tr:mspor:alion Rcquircmcms .............................................................................. 1 SECTION X - Lltilitv and t'.'nginccrin~ R. cquircmcms .................................................................. lS SECTION Nl - Wulcr X]an'agcmcnt RcqL~ircmcnls .................................................................... Exhibit A - PLil) N~!astcr Plan I:×hii~it B Legal Dcscriptio,: EXlllBIT,q 'Ibc development ofapproxilnatcly ~lx-hundrcd ci~hty-¢i~hl ('oumy, as a Piamlcd [init l)cvclopmcnl, compliance with iht $oals. objectives and policies of Collier Mana~enlcnl Plan. The rcsideniial and rccrcalJomll Facilities of Naples Rcscrx bc consJslcm wilh ~roxvlJl policies, land development regulations, and al~Plicablc planmn~ ob. jcclivcs ol'cach of Ibc clements of~hc Growth I'hc property is totaled in boih lilt Lirb:m Rcsidcmial I"rin~c l)i~tnct and ..\~riculluraJ Rural area ;l~ dcsi?atcd on ibc J:ulur¢ I.aml l lsu Iflcmcnl of Ibc ('otllllv ( h'owlh ,'%l;.magclllcnt Thc purpose of Ibc Urlxm Residential I:ring¢ Subdislrict is lo provide lrai~sit~onal densities between thc t.;rh;m Residential area desi?atcd on Iht Future l.:md t;sc Nlap ami thc Agriculttu'al,"l~ural ar'ca. Based on thc 318.4 acres ~ ithin this district th:.tl permits a maximum density o1'1 15 pcrmitlcd with thc t:rhlm Rcsidcnlial I:ringc districl. Thc ..\gricullural Rural d~slrict i~crmils Jok~ dcltsilv rcsidcltlial dcxcl~,p~c~l ,ull,,iq,_'st ol]1¢r laiR] rises. f~ased on a dcnsilv ol'onc (1) dkvclling unit per five (5) acres ami 3fO.~, acrc~ located within lhis ill'Ca scvcnlv-fbtu' (74~ thvclJing tmnits arc permitted. 'Iht c'lt~stc~ing t}J' development within Ibc .,XgricuJtt~ral Rural area may hc lbtmd consislc~l x~ ilh thc Future J.alld ~sc [{JolllOllJ SO ils lo CI'CiI[C IllO1'0 I'ttnclioilaJJv tlSCilhJc Open SpaCC :Uld h~ conscrk c IlalLIra] I'OSOtll'CCS. 4. Managcnlunl Plan including ob. icclivc J. of thc J"tJlUrC J.aHd t ;sc I/Jcmcnl. t Sec also Section 5.3 ~>l'this ()rdi~lal/CC}. facilities and $crvio.:s permits thc dcx ¢lopmcnt's rcsidcmial dcn:dlv as required in Oh.j¢clivc 2 ol'lh¢ I:uturc I.and t'sc l{lcmcnl. surrotmd{ng JLllld LIS,dS ,IS required iu I'olicv 5.4 of lbo Fmurc l.luld 7, II. Improvements arc planned to l~c in cmnpliancc with applicable I;md dcx'clopmcin rc:.._.'ulalions as .SCl I'ord~ in ()b ,..'clive 3 of'Ibc Fulurc l.um.I lLsc I'iJclncill. Thc prqjcct dcx'clopmcnt will i'csult in ',m cl'licicnt ami CCOllOllllc~lJ c\[CllSiOll ol' community I'acilitics and scrx ices as required in l'olicics 3. l.I[ and I of' thc luTmc J mt~t I',sc l~lcmcni. Provisions arc incori'xu",Llcd illlo Iht PI '1) Ibr a Ncighhorhood X illatzc ( ',m~tcT'c~at (c~Icr Iilllitcd h~ ;I Ill;IXillltllll t~f'.~.~ ;ICI'CS kk illlill porlioil~ ~I'Xhc pl'O[~cilv tlch~Ic~] Ik~[' ll~c RcsidcntiaIl;['hanl.'rin2cl)islrict. I'hcNc~ghborhuod Villa?.c(',m~mc~cialt'cmcr[~ Ih'ox isions Jncol'por;flc~J inIo lilt I~I 'l) Ibr thc Nci~llborJlo,Xt \ iIJ:lzc ('~mll~crcl;ll ~. 'cl~Icr arc ira1 el'IL'clive until thc I:l.t ;1! I':.,\R amclxhncI~ls become Ic~:~llx cI'{~'clix c. ..\11 linal I)c~cloplncnl ()rdcrs Ibr Ibis prc,.jccl arc sub. jccl Io II'u.' ('oncurrclx.',..Xl:ma~cmcuI .Svslcm. as iml',lcmcnlcd I'w Iht ()rdimmc,.'. 2.1 2.3 2.4 2.5 SE('TION II Property ()wncrshil), l.cgal l)escriptic, n, Slit)ri Title and StalcmcIH Property (),,vrmrshiF, Thc subject property i.<. currently owned bv the Naples l(cscrx'c (loll l.cgal l)cscription gection 1. Township 51 South, P, angc 2¢~ [!ast, Collier ('otmly. Florida, and. more particularly, described in lixhibit "B"...Xcccss is iwovidcd lhrough Scciion 12, 'l'~xx usl~ip 51 Soulh, Range 20 liasl. (icncral [)escription of Property Thc property is located approximately one mite north of [.J,.'5-41 and one and one hal miles cast oF CR-95 I. The :,'oning of Ibc sul')j¢cl property prior lo lllC apt~licalion re/oning is [{tlF;l[ Agriculture (,,\). Physical l)escripliot~ The sub. jeer prol')erly is currcntly vacant and al~proxilnalely scvcntx'-lSx c pcrcc~t the .<.itc has been prcx'iotmly cleared lk~r agricultural dovclopmcnl. 'l'hc silo drains I?om Ibc ilOl-lhcilSl 1o l}lc sotH}lxvcsl where lhe prqjccl wilt then into l tcnderson ('reck. Soil lypes on site arc: (2) t lolopaw substratum. (3) malabar fine saml. (I(1) Oldsmar linc Sillld, (14) Pincda linc limestone substratum, (17) 13asingcr linc sand, (25) Boca, Riviera. Substratun~, ami ('opcJand Fine Sillltls l)cprcssional and (40) I-talhuldalc alld sands. Thc property is located in two Flood ZoHcs. Aplwoximatcly sixty of thc property is located in l:lood Zone {.,XI(-7)and tk~r'ly percent Flood Zone X. Short 'Fitlc 'Ibis ordimusce shall I>c k~n,xx'n and cilett it.<, thc '?4aplcs l(cservc (lei I'('lub Pla~lncd ['nit Development ()rdinancc". Statement of [.lni fled ('onlrol This slatcnlcnt represents lhal thc currcm property owner has lands trader unilScd control Ik)r thc purpose ot'oblaining pill) zoning on thc subject property, l)cx'clopnlcnt t~l'lhis Planned Unit Dcvcloplncnt will occur in accortJallCC wilh thc J)Jilllt~cd l.Jnil l)cx'clcapmcnt regulations contained herein ami ;my comliticms iH, proved wilh thc Re/one i)ctititm as described and ugrccd lo within thc }'t.:l) Ordinance. -3- SI!CTION 111 Statement of Intent .'md Project l)¢,'-;cription 3. I Introduction It is tile intent of this ordinance is to establish a Planned tJnit Dcvclopnrcnt meeting thc requirements as scl fi)rrb in lhc ('oilier County l,aml Dcx'clopmcnl ('ode (I,l)('~ lhal will permit five hundred fi hy-txvo (552) dwclling units for thc subject property. Thc purpose of tiffs document is to set fi)rib guidelines for thc lhturc dcvclopnlcnl of thc project that moot accepted planning principles and practices, and lo implement thc ('oilier ('otmtx Growth Management Plan. 3.2 Project l)cscription Thc projcc! is comprised of 688 acres located within tire northcrlr hal f of ,"4,:etlon I, Township 51 South, Range 26 East. Access Io Naples Reserve Golf('lub is provided from an eighty (81)) l't~o~ witlc cascmcm extending south through Section 12. Township 51 South, Range 26 I~ast lo [ 7S-41 fi)r a distance of(mc Ihous;md ninc-humlrcd fifty (1,950) t~cl. Thc projccl will prt)vidc Ibr a range of housing types, including singlc lhmily and muhi-thmilv dcvelopmcnl a~ a gross density of 1.25 dwelling units per acre and includes txvo eighteen ( 1~} hole goll'courscs. clubhouse and other project recreational amenities. 3.3 l.and [Jse l)lan and Project I'hasin'4 Thc PUD Master l'lan contains one (1) tract for thc gt)lfclub, fourteen (I 4) tracts tbr residential usc, and miscellaneous areas a~ld tracts fl~al arc proposed to bc used fi)r vcgctation prcscrvation, rccrcation, lakcs, street rights-olLway, or a Neighborhood Village Commercial Center. The PUD Maslcr Plan is tlcs~gncd to bc Ilcxiblc with regard to thc placement of buildings, tracls and rclalcd utilities and water management thcilitics. More specific com~}ilmcnls will bc made :st thc time t)f site development plan and pcrmiuing approval, based on compliance xxith all applicable requirements oflhis ordinance, thc 1,I)(' and l.ocal, State and Federal permitting rcquircnlcnls. All tracts may bc combined ol devoir)pod separately subject to compliance wilh thc applicable dimensional requirements contained x~ilhin this document. Thc anticipated time of }mild-out of tire project is approximalcly ten (1 (I) years from the lime of issu/mcc c)l' thc first building i'~cnnil. -4- SECTION IV (}choral I)cvclopmcnl Regulations Thc purpose of this Section is lo set Ik)rti~ tile development regulations that may bc applied generally to thc development o1" tile Naples Reserve Golf Club Planned Unit Dcvclopmcnl and Master Plan. 4. I General The lblh,wing arc general provisions applicable to thc PUi) Master Plan: Regulations tbr development of thc Naples Rcscrvc Goll'Clul~ PUD shall bc i~ accordance with tim contents of this document, thc PUD-Planned Unit Development District and other applicable sections and parts of thc Collier County I.and I)cvelopment Code (LDC) and the Collier County Growth Management Plan in c)'l~ct al thc time of issuance of any development order to which said regulations vehltc which aulhorizcs the construction of imlWOVcmcnis. Thc developer, his successor or assignee, agree to fi, llow thc Pt ~I) Master Plan and thc rcguhtlions of this PUD as adopted and any other conditions or modiiicationsasmaybcagm'ccdtointhcrezoningofthcpropcrty. In addition, ally stlcccssor itl lille or assignee is subject to Ibc colllllliHllc~lls xvilhin Ibis agrccmcnl. Unless othcnvisc llolcd, thc dclinitions of all terms shall bc il.mc same as Il'mc dctlnitions scl /brth in linc I.D(' in cf'fbct al thc lime of'huilding permit application. All condilions imposed and all graphic material presented depicting restrictions lbz' thc clcvclopmcnl of thc Naples Reserve Golf Club I)UI) shall hcc~mlc pan of the rcgtzlations thai govern thc manner in which this site may be developed. D. Development pen]Pitted by thc approval oFthis petition will hc subjccl lo a concurrency review under thc provisions of Div. 3.15 Adcqtmatc Public Facilities of ll~c I.DC at thc earliest or next lo oCctlr t)f either Ilnal SDP approval. Iillal plat approval, or building permit issuance applicable Io this development. Unless spccilically ~vaivcd through any variance or waiver pruvisions From other applicable regulations, thc provisions of those regulations not provided for in this PUD remain in I't, ll fbrce and cFl¥ct. -5- 4.2 4.4 4.5 Silo Clearing and DrainaK¢ ('lcaring, grading, earthwork, and site drainage work shall bc performed ill accordance with the Collier Cottnty LI)C and thc standards and commitments oF this document itt lilt: linl¢ oFconstruction plan approval. Easements Ibr Utilities l'~ascmcnls, v,'hcrc rcquircd, shall hc provided tbr water managcmcm areas, militics and other purposes as may bc required by ('oilier County. All necessary casements, dedications or olJlc? instrunlcnls shall bc granted to ensure Ibc continued ol~cr;Jtitm and maintenance el'all services and utilities. This will bo in compliance with applicable regulations in cfl~cl at thc time conslruction plans and plat approvals arc rcqucslcd. Amendments to thc Ordinance Thc proposed Pl..ID \faster Plan is conccl'~tual in nature and sut~iccl to cllangc v, ilhili Iht CO/llCXI Of thc development standards COlltaincd in Ihis ordinance. .;\nlClldlllClltS {O this ()rdinancc and PLID *laslcr Plan shall bc in;Mc i'ml'st:.,lnl to %,,:clit~n 2.7.3.5 oFthc Collier' ('ottntv LDC, as revised, in clTccl ;.it thc time thc alncndn'lcnl is requested. F'rojcct Phm Approval Requirements Exhibit "A". the PUD Master Plan, constitutes thc required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a I~rcliminarv Subdivision Plat(if required) shall be submitted For thc entire area covered by the PUD Master Plan...Nil division of property and thc development of tile land shall bo n compliance x~ilh thc subdivision regulations set Ibrth in Section 3.2 oftl~c t. DC. Prior It) thc recording of ;.lie final subdivision plat, when required hv ~hc Suhdix isi,.m Regulations scl Ibrth in Section 3.2 of thc I.DC, final plans of thc ruquircd ilnpl'OVcmcnl:~ shall receive thc approval el'all appropriate Collier County govcrnmcnlal agencies It, ensure compliance with Illc PUD Master Plan, thc ('otmtv Subdivisitm Regulations and the platting laws of Iht Stale of Florida. Prior ~.o thc isstmncc ol'a building pen'nit or other dcvclopmcnl orders, tile pi'ox {sions Section 3.3, ,";itc Dcvch,pnlCn! Plans shall be applied to ail platted parcels, \~ hcrc applicable. Shoutd no subdivision oF hmd occur. Scclion 3.3 shall bc applicable dcvclo[mlCnt el'all tracts its sho\,,ll oil tile PUD Master Plan. -6- 4.(~ Provision for ()ff.silc Removal o1' l:.arlhcn Material Thc excavation ot'carlhcn material am.t its stockpiling in preparation of xx atcr managcmcntlhciliticsortoothcrwiscdevelopwaterbodicsishcrcbvpcrm~t~cd I1'. consideration oF fill activities on buildable portions of thc project site. there is a suz'plu~ of earthen malcrial, of fslic disposal is also hereby permitted sub. itel conditions: I{xcavatitm activities shall COlllpl.V \\Jill thc definition of a "l)cx clol,r~lcnt J!xcavation" pLirstlanl to Sccticu'~ 3.5.5.1.3 c,l'thc 1,I)(', xx hcrcbv ol'lgitc I'CI1B3\ Ztl SJlilJJ llOl cxcccd ICll (J (1) j')crCCIl! o{'1}1,2 tt')lal voJtllllC CXCLt',. ;.llo..J tlJ'~ Io it lllaximtlIll of 21).()()11 cubic yards. /\ tinlclablc to l'acililatc said removal shall bc submitted to thc I)cvcl,.g'mlcnl ,";crviccs' .'vllmagcr for approval. Said tilnctablc shall include thc ]cnglh of time it will take lO t.'ornpl¢l¢ said removal, hours ofopcratior~ and }l;.lUl to!lies. ('. All other provisions ot'gcclhm 3.5 oF!he !,DC arc applic:fl-~lc. 4.7 .'qunsc! and N]onitoril~tq [)r'ovisic, ns Naples Rcscrvc Gull'('lub F'I :D shall )',c subject 1o Section 2.7.3..4 oFiltc I.I)('. 'l'illlc l,imits for ..\l',t')rovcd I'LiD Master Plans and Section 2.7.3.o Mcu~ttcu'lllg RctttiircHicl]l~,. 4.8 Polling Places ..\nv public community rccrcatum public btlilding l'mblic room or similar ct,n~mon thciI;tx located xs ithin Ibc Naples Rcscrx c GoJfCmt~b PUD may be used Ibr a polling place, il' dclernlincd llCCCSS[ll'v bv tile [3oill'd O['('OttllW Commissioners upon rcconm~ct~datitm ,~ thc Supervisor ol'l~lcctions in accordallcc w/th Section 2.&30 oi'lhc [.[)('. 4.0 Native 'v'cgclation '1 he projcc! :','ill moot thc ha!ix c ,. cgcla!ion requircn~cnls c~l' l)i,. [{ClllOVal, [>l'O!¢CliOI1 alld [:'l'c:<cr',. aliOll oJ' the 1.1)(' lb:' 4. I{1 Open Space In addition tc, thc areas dcsignalcd ,an Ibc I'[;1) .Maqtcr Plan a~ bu flL'rs and lakes, open space w/llbcallocatcd~xithincacl~suhscqucnldc~clopmcntarea. Openspaccmavbc~n thc form of landscaping, additional buiTcrs, passive or active l'ccrcaliol! areas and xx atcr management thcilillcs. Thc total aggregate of such open space areas shall mccl or cxcccd thc opcn space requirements oFScc. 2.6.32 ol'thc [,I)C. which is mot by open space :u'cas providcd tbr on thc [)UD Xlastcr Plan. -7- 4. II Archacological Resources Thc dcvelc~pcr shall be subject to Section 2.2.25.8.1 of the LD(' pcrtainir~g archaeological rcsourccs in the cvcr~! they are contained on Ihc properly. 4.12 Common Area Maintenance Cornmon Area Maintcnancc, inclL~ding the maintenance of common li~cilitics, open spaces, and water management fi~cilitics shall hc thc responsibility ol'a home oxvncrs' association to be established by the developer. 4.13 Archilectural and Site [')csign .qlandards l')cvclcq'm~cnl o1' thc Village Ncighborhoc~d Cc, mrncrcial Center internal to thc pro.jeer shall bc subject lo Division 2.8 ol'lhe LDC. -8- Pcrmitlcd Uses and l)imcnsional Slamtards R~r Residential Dc:'ch, lm~Cnt 5.1 Purpose Thc purpose ol'this Scclion is lo idcmit'y pcmfittcd uses and dcvclt.)l'm~cl~l standards I~' areas within thc Naples Reserve Golf ('luh PLJD designated tk~r Fcsidcntial dcx clopmcnt on thc PUl) Master Plan, Exhibit 5.2 Maximum Dwelling [ lnits Five hundred tiliy-two (552) d'~,.'clling mills arc permitted wilhin Club PUD. based on a density oF(1.5) dwelling units per acre in thc Urban Residential l:ringc area and one ( 1 ) unit per live (5) acres in thc Rural/Agricultur;~l area 8cclion I, thc Statcmenl ol'Compliancc. 5.3 Distribution of Dwctlim4, Units Dwelling units pcFmillcd in thc Urban Residential Fringc and AgriculmFal. I~uFal aFC'a may not cxcccd ttmir tmdcrlying density as scl Forth in thc StatClnCnl ol'('onll~liancc ill Section One (I) until such time as thc Futm'c I.and Usc Elcmcm oFthc Collier (~ottntv Growth Managcmcnt Plan is amended in such a way that dwelling units may bc shilicd l?om thc Urban Residential Fringe to thc Agricultural/Rtmtl ;irciL 5.4 Cluslcrinu, Dwelling units may bc cjustcrcd in thc ,,\gricultural/Rural arca dwelling unit per live (5) acres in accordance with thc dcvclopmcnt standards provided Scction 5.7 oF this Ordimmcc anti ill ;trcas rcsidcnlial development. 5.5 General Description 'Fh¢ PUD Niastcr Phm dcsignalcs thc I'ollowhlg uses for ;ti'cas design;tied on thc Pt;D Nl;i.-:lcr Plan. -9- 5.0 TRA(iT ACRES 1. RESIDENTIAl. TR,,\('TS ±133.0 2. RIGItTS-OF-\\'AY ~38.1 3. LAKES ±119.5 4. PRF. SERVF. AREAS ~68.(I 5. GOLF COURSF./OPEN SPACE :s315.8 6. GO[A: COURSE CI.UB HOLiSE -~11.4 7. GOLF COURSF. MAINTF. NANCE -':2.2 TOTAl. +688.0 5.5% 17.4% 9.9% 45 ().Y',, 1 The approximate acreage oF residential tracts is depicted on thc PUl) Master Plan. Actual acreage of all development lracts including thc size and location o1' thc Village Commercial ('enter will be provided al thc lime of Site l)cvclopmcn[ Plan or PrcliminaD' Subdivision Plat approvals in accordance with Article 3. I)ivision 3.3. and Division 3.2. respectively, oF thc Collier ('ounty l,and Dcvclopmcnl ('ode. Resident Iracls are designed to accommodate internal roadways, open spaces, recreational areas, water m;magcmcnt Facilities. and other similar uses Ibund in FCSJdcnlial areas. Pea'hilled [iscs ;.u~d .%lruclurcs No building or slrucltlrc, or par1 I}lcrcol: shall be erected, allcrcd or used. or lamt used. in whole or part. tbr other than the tbllowing: I. Principal Uses: (a) (c) (d) (c) (F) (g) Single Family Detached Dwellings Zero-Lot Line Dwellings Two-fanlilv and Duplex Dwellings Single Family Auached told Toxvnhousc Dwellings Muhi-fim~ily Dwellings. including Garden Apartments A Neighborhood Village ('ommercial Center in aCCOl'da[1cc with lJlc requirements of Section VII of this Ordinance. Any other housing typo which is comparable in mllt.'c with thc tbrcgoing, uses and wl~ich thc Development Services Director determines lo bo compaliblc whh residential uses. 2. Accessory Uses and Slruclurcs (a) Accessory uses alld slrucltlrcs CtlStomarilv associated xvith prli~CipaJ residential uses pcm~ittcd in this district, including recreational fitciti~ics. nminlcnancc G~cilities and c lubl~ousc. -10- 5.7 Dev¢lopmcm Slandards TAIII,E I IH:,RMIITED USES SINGLE ZERO I,OT TWO FAMILY SINGI,E FAMII.Y AND STANDARDS FAMII,Y LINE & DUPI,EX A'~ACIIED AND DETACIIE TO~HOUSE D Nlmimunl I.ot Areas 6.000 S.F. 3.500 S.F. 3.500 S.F/u Nhnimum l.ot Width© 60 35 35 25'" 15 15 }:rcm! Yard S~dc Yard'" ?.5 Rear Yard Princip~ 20 P, car Yard ,,\ccessorv 10 1 .Maximum Building I Ieiuht 35 '"' O or 5 1o ¢) or 5 15 5 5 35 , 35 IMstancc llcp. vccn } N ',,\ i N '.,'~ N'..\ Sm,cl,(cs ', { Floor ..\rea .Min. (SFI } 121)(') 1200 ~ 1200 .,\11 distances ;irc in (cci unless othcp, visc notcd. B}t = Building }tcighl SBtl = Sum of Building }tcights [I)WELLING / Each halfol'a duplex unit rcqt, ires it lot area allocation of thirty-live hundred (3.500) S.F. lbr a total minimum lot area of seven thousand (7.00(1) S.t:. Minimun~ lot width may be reduced by twenty (20) percent tbr cul-dc-sac lots or lots located on curvilincar street.,; provided tile minirntu'n lot area is still maintained. 3. Acccssorv uses such as pool enclosures rnav be attached lo principal uses. Where thc zero (O) feet yard option is utilized, thc opposite side el'Iht structure shall haze a {],.'c 15) foot side yard. Single-tinnily' d',vcllings which provide for two (2) parking spaces within an enclosed garage and provide lbr gtlCst parking olher than private driveways may reduce fi'ont yard rcquircmcnts lo five (5) feet /bi thc garagc and fifteen II 5) lZ'cl lb( thc remaining structures. Side cnt~ garage setbacks may bc reduced to lxx'clx'c (12) feet. Building height shall be thc vertical distance from the first finished floor to thc highest point of the rooFsurfacc o£a flat or Bcrrnuda roof, to the deck line or a mansard roof and to thc mean height I¢v¢1 between eaves and ridge of gable, hip and garnbrcl roofs. Accessory buildings shall be limitcd to twenty (20) feet above grade. -11- \Vithin the ,'\gricultural/Rural portions of thc property as designated oll tile Vulurc Land Use Map and on the PUD Master Plan, buih. ling heights shall be Ihnhcd lo a maxirnun~ of thirty-five (35) fcct within one-hundred (I ()0) Feet of m. ljaccm Agricultural/Rural hinds. Only one residential dwelling unit type shall be pcrmilted cm any Iract desi,.2, natcd For residential use. Where differcnl dwelling unit types are planned on adjoining tracts, they shall be separated bv recreational fi~cilitics, cOllllllOll areas, or hmdscapc bu Ffcrs. l~andscaping shall mcct or exceed the requirements of Section 2.4 el'thc 1.1)('. l.andscaping and signagc shall also he unilbnn al each sigmmirc Cllll'illlCCX~ilv Illlt* individual tracts, which shall also promote a similar theme throuuho,~l thc plm~ncd development. ' ' I O. F'crimctcr buffers shal! only be rcquircd for the bour~darv of each tract at thc lime il is developed. BuFibr/ng may bc required during thc s[tc plan rcx'icxv process of all or some remaining tracts as determined approprialc by thc l)cvclopmcnt Services Director, based on thc type et'usc and prox/mit3' lo residential usc. I I. All sigm~gc shall bc in conlbrmancc with Division 2.5 ol'thc I,D('. All parking shall bc in contbrmuncc with Division 2.3, (.)Fl:Street Parkin,..: and l.oading. ~ 13. Setbacks shall be measured f'rom tile legal boundary of'thc lot and arc inclus~,. casements with tile exception oFcascmcnts that comprise a road righl-o~:x~ 14. \Vithin each individual tract, architectural standards shall bc unilicd with ro..z, ard colors, roof lines, and textures, so as to create a unifi)rm architectural standard each individual tract For ifil multi-family or attached singlc-!hmily units. 15. Single or nmlti-Familv usc is permitted on each tract designated "P," on Ibc Pt '[) Master [)lan. -12- 6. ] 6.2 SECTION Vi Permitted Uses and Dimensional Requirements For GolF('oursc and Golf Driving Range Purpose Tile purpose ol'this Section is to set tbrth the regulations Ibr tract one (1), thc Ckfl f Club area, and For tile Golf Driving Range, which are depicted on the PUD Master Plan. Pcn'nittcd Uses aim Structures No building or structure, or part thcrcof, shall be crcctcd, altered, or used. or land or xvatcr used, in whole or in part, For other than thc tbllowing: :\. I'cnniucd Principal tJscs and SIrucmres I. Club l tousc 2. Goll'Coursc 3. Golf Driving Range 4. Sales Centers and Construction Offices 5. Maintcn;mcc/Storage Facilities 6. Any other principal uses and structures ct~slomarilv associated wIIh (}oil' ('ourse related uses :utd are dctcHHincd to be conlpatiblc hv lhc [)cvcJopmc)~l Scrviccs Director. B. Permitted Accessory I. lscs and Slruclurcs I. Clubhouses, pro-shop, practice driving range aim olhcr cuslo~nzu'v accessory uses oFgolFcuurscs, or other recreational Ihcilitics. Small commercial cslablishments, including gi I~ shops, goll'equipmcnt sales. restaurants, cocktail Ioungcs, and similar uses, intended m exclusively serve patrons of thc golf course and other permitted recreational I'acilitics. 3. Mtxltiplc tclmis courts, shul'llcboard courts~ swimming i~ools, and t,lhcr l.,.l;cs of facilities intended lbr OtlldOor recreation common to a cotllllrv cltlb. Roads, pathways, accessory uses and structures custonmrily associated :,.'itl) thc pcrmiltcd usc, including but not limited to utility structures, watcr management I~tci]itics, rcstmoms, n'minlcnancc shops and cquipmcnt storage fi~ci]itics, non-commercial plant nursc~,, and simibr :'elated accessory uses. Any other principal uses and structures customarily associated `.vith Golf Course related uses and arc determined to be compatible by thc I)cvclopmcnt Services Direclor. -13- t~ropcrly l)cvclopmcnl Regulations A. Gcncral Rcquircmcnts ()vcrall site design simll bc harmonious in terms of limdscaping, enclosure of slructurcs, location oracccss sitters alld parking arcils ;lilt[ Iocutkm and treatment of bul'l~r areas. Iluildings shall l~c set hack a minimum nf Iifly (51)) I~ct I?nm nlaullin~ residential dislricts and thc sclback am'ca shall t~c approtm;ncl5 limdsclmpc~t and maimllaincd to act as a buJ'l'cr zone. No parking will t~c alh,x~cd in lJlc b u I'lZ'r. ~'l~l,XiI11tl111 Ilo;gill of Structurcs Three (3) stories, or thirty-live ('. Parking .,\s rcqtlircd lw Neet;on 2.3 of'thc ('oilier ('ounlv 1.1)('. ['). l.alu, tscal~ing ,,Ss required by Section 2.4 t~l'thc ('oilier County 1.I)('. I!. Siglmgq ,,\srcquircd hvScction 2.5t~f'thc I.l)('. Itowcvcr, txvo(2)slgnswith;lmZtximtmm of one hundred (I(H)) square IDol each or one (1) sign witi~ a n~aximum arc:t nf onc-humlrcd sixlv ( 1 6(}1 square IL'ct shall be pcrmillcd at Ibc ClIIF;IllCC lO thc project on t 1S-4 I. -14- 7.1 ,'7.2 Io ~hc Neighborhood Village ('ommcrcial Suhdis~rict which m',w hc si/cd up I..~.~ ,crc~ ill :tccordmlcc k~rilh thc I:I.LII~ ILAR ~tnlclldlllUiltS svhcll tJlcv bcconlc lc?Il)cl'lUclix c Thc Iocal io:: o1' tl:c Xci~ht~orhood X'illa~c ('ommcrci;d ('cnlcr may hc loc;ired Oll HliV Ioc:~li~m;~l cr'itcri',~ ol'Scclhm 2.2.2tJ ol'lhc 1.1)(' LtlltJ is Furlhcr I(w:~lcd ~mlv iii Ibc [ 'lb:tll v,l,~lc or part. l't~i' o[hcr ih:m Ibc I't~]Jo,,viH~: ,,\. Pcrmillcd lh'mcipal I.:scs 'l'hosc pcrmillcd usus in Ibc Fl.[ :1! I!.,\R :m~cmlmcl~Is v, Jlcn I]lcv hcc~m~c Ic:x~ll, cl'l'cclivc. 1½. ,'"kCCC.'4SOI'V [ !.',;~3s :.llld .~II'IICItH'L.'S ,'\ccu's.sorv t~sc.s itnd SIFtlCILIFC:':, Cll.',ilOI11~li'JJV :m.soci',llctJ ',$ lib pu'rmJllcd ti.<,..'>, I~1 Ibc .X.'cighhorhot~d \'JiJlt~u' ('onllllcl'ci;tJ ('cl:lu'r bc those scl f~r'lJl iH thc l;l.l I[~ I~,,XR ;ttllCllcllllClllS whcll they bcc(m~c J%;II]? cl'lbctJ~ c -15- l!rwironmcmal SIandards I'hc pLIrposc ol'this Scclmn ~s lo scl fbl'lh ljlc cnvironmclttaj corJtlnjIIllcnls ol'lhc Ih'o,[ccl I)cvch')pcr. S.I Preserve ,,\rcas arc generally dcplclcd on Ibc Pt;J) Maslcr Idan and m'c pcrmlllcd Io hc used Ibr open space ami passive rucroalionaJ use only. All prcscrx'alion ill't'il5 shall bc dusJgllalCd ils J)r'CSCl'Val}oll ']'l'ilcls or casci110111s Oll recorded on Ibc phil xvid~ prolcclivc covenants per or similar to Ncclion 7(~4.(~(, ol' I[IC Florida Slilltllcs. J~uflbrs shall i~c provided in accordilllCC ~k iii1 5ubsccthm 3.2.S.d.7 thc X.2 S.3 l','nvJronnlcnlilJ permitting shall be in accordance with thc State o1' Flm'ida I~ux irtmmcntal Reso~rcc Pcrmi[ Rules ami he sub. joel lo rex'iow ;llltt approval hv ('urrcnt I'Janlling lirwironmcnlal Sial'J'. Bul'l~'rs shall be provitlcd around wclJalldS, cxlcmling 'al JCasl /iliccn (I 5) ibc~ landward f}'om lbo cdgc ol'wclJarld preserves it~ all p/aces ami averaging I~tcIllx'-ISVC (25) /bet f?(m~ thc landward edge ol'wcthmds. WI]crc natural but)hfs arc not J~I1VII'OI1HIUIIIilI J{CSOUFCCS Per'mil Rules alltJ bc SUblCCt lo rcv/ck~ mltl :q,pr(~x ;ti bx ( 'tlrrcn[ Iqaruling l!nvironnlcr]lal NIalT. S.4 Nalixc vcgclalion prcscrx'alhm shall ccull;arm It', lilt rcqu/rcmcnls oF~t~l'~sccli~,H Yg.? 5.4 ol'li~c ('ol}icr (,'OtltllV 1.1)(.' alld [}1C Preserve .&rcas. shall bo gcucral(v pi'¢~ tdcd liar it:, dcpiclcd on tile PI ;[) Master l~Jan, ['~xhihil ..\. ,";.5 with emphasis on thc Jh'cscrvillion ..\rca, shall hc 5tlblllillCtJ with lbo ahox'C-lnCll~Jt~HCtl Petitioner shall comply ',',,'/Ill thc guidelines and rccornlncndatitms o1' thc t .S.I.ish & WildlitD 5or'vice ([ ~SI"WS) alld ~:lorid',l (}amc and ~.'r'cs}l Walcr I"ish ('omlniss]on (F(i}:WF('} regarding pozcnlial impacts lo prolcctcd wihllilb species. Where prolcclcd. species arc observed on silo, a JlaJ~Jhtl management plan Ibr these prolcctcd species shall bc sttbmillctl to ('urrcnI Planning [:)lvironmcnlal $1;l~'J' for rex icxk and ilpproval pi'roi' Io Thc apl~licanl shall bc sub. itel Itl ,Ill environmental ordinances In ct)cci aI Ibc limu of dcx'cloprncI~l order approx ills. 'i SECTION IX Transporlation Rcquh'emenls Thc pmTmse of Illis .C, cctJor~ is Io set I'orth the transportation cornrnJtmcnts of thc prolccl det'elopmenl. 9.1 The developer shall provide arlcrial lcvd street lighting of thc pro cc~ cnmulcc al thc intersectionofk]S-41. Such lighting shall bc in placc prior to thc issuance ol'anv Tile road impact I'cc shall bc as scl lbrth in Ordinance 92-22 as amended, ami shall hc paid at thc time building permits are issued, unless otherwise approx cd by Iht Board o1' Cotlllly Commissioners. Internal access improvcnlCnls shall not be subject to impac! fcc crcdils ami shall bc in place before any corti l]cillcs o1' occupancy arc issued. 9,4 All traffic conlrol dcviccs uscd shall con/btm lo tile Manual on { 'niform 'l'rafllc ('onlrol [)ct'ices as required bv ('haptcr 316.0745, Florida Statulcs. 9.5 Roads inlcrnal lo thc project including thc cighly Ibm access road south of Ibc subjccl prc~pcrty OlllO US-41 may be private al l}lC option of the developer. 9.6 Thc developer shall provide Icfl and right turn lanes :il tile pro. joel cnlrimcc (m I :S-4 I. prior Itl thc issuance of thc t]rst ('crlilScalc o{'()CCtlp:.lllC.V {k'~r' Ibc Iii'si h;.tbitablc >,IFtlcltlt't.'. -17- S[{C'[ION X Utility and Engineering Requircmenls Thc puqx)sc of this Section is lo scl Ibrth thc utilities and engineering oamn'~itn~cl~ts of tlac pro. itel developer. I0.1 Utilities Walcr distribution, sewage collection and transmission and interim xvatcr and sewage treatment fi, cilitics to serve thc project arc to bc designed, constructed. conveyed, owned and maintained in accordance with Collier ('Otllllv Ordinance No. 88-76, as amcndccl, and other applicable County rules and regulations. All customers connecting to thc water distribution and scv,'agc collection thcilitics to Dc constructed will ho customers oFthc County ttllcl will be billed hv thc County in accordancc with thc Countv's established rates. Shotlld thc County not be in a position to provide sewer service to thc prqjcct, thc sewer customers shall be cuslomcrs o1' the interim utility established to serve thc prqiccl until thc County's ofl2sitc scxvcr Ihcilitics arc available to serve thc projccl or scplic tanks ~llCCti~lg thc requirements of'f:lorida Statutes may bc used on an illtCr/;~ hasis. Prior to approval of construction doctil]lcllts by thc County, thc developer mtL'.;t present verification, pursuant to Chapter 367, Florida Statutes, that thc Florida Public gcrvicc Commission has granted territorial rights to thc developer to provide sewer service to thc project until thc County can provide Ihcsc services through its sewer Facilities or septic tanks mooting thc requirements of Florida Statutes may bo used on an interim basis. I). Thc utility cm~slruction documents for thc pro. jcct's sewerage system shall hc prepared to contain thc design and construction of an onsitc forgo main, which will ultimately connect thc project to thc future central sewerage facilities of Collier County. The lbrce main must be interconnected to thc pump station with appropriately located valves to permit for simple redirection of thc project's sewage, when connection to the County's central sewer l~cilitics becomes available. F'rior to or at thc time ofsuhu'fission ot'construclior~ plans and final plat tbr thc project, the potable water supply I?om the Collier County Water-Sewer District to sc~'c this project shall be installed adjaccm to thc property and he in service. -18- 1~).2 Engineering Detailed paving, grading, site drainage and utility plans shall bc suhmiucd to thc Dcvclopmcnt Services Dcpaflmcnt fbr review. No construction permits shall bc issued unless detailed paving, grading, site drainage and utility plans shall bc submitted and until approval of thc proposed construction, in accordance with II~c submitted plans, is granted by tl~c Development Services Dcparhncnl. Acc, py of thc SFWMt') Surl'acc Water Management F'crmit must hc received by thc l)cvclolm]Cnt Services staff'prior to any conslruclitm dr;re'inS Subdivision ot'thc s/to shall require plalling in ;lccord;.lncc with .%ectiOll 3.2 I.I)C to define thc right-ol:xx ay and tracts shown on the P/;I') :x. lastcr Plan. D. Thc developer and all subsequent owners of this project shall be required to satisl~ thc requirements of all County ordinances or codes in cl'lZ'ct prior Io or concurrent with any subsequent development order rclating lo this site. including but not limited to Pr'climinary Stfl]clivision Plats, Site [)cvclopmcnt Plans :md other applicalions lhal will rcsull in thc issuance o/'a fimtl dcvcJopmcnl or'der. Thc dcvclopmcnt ,,viii provide adcqu;~tc right-of-way ~'or flm~re turn lancs ill thc project entrance and the design will be coordinated with thc OffSet oFCapital Projects Management. -19- SE('TION XI Walcr Mam~gcmcut Rcquircmcms Thc purpose of this Sec,.ion is to set lbrth thc water management commitmcuts of thc project dc','clopcr. 11.1 l)clailcd paving, grading and sil¢ drainage plans shall bc submillcd to thc I)cvclopmcm Services Dcparlmenl tbr review. No consmiction permits shall be issued unless and unlil approval of Ibc proposed construction, in accordance wilh the submitted plans, is gral~lcd by lhe Development Services [.')cparlmcm. 11.2 [)csign and construclicm of all imt~rovemcnls shall he sub. joel Io co~t)lia,cc with thc appropriate provisions of lbo Collier Cotllll)' I_DC', cxccp~ ~tK~t cxcavalioH l~' wa~cF lllarlagCltlclll l~alurcs shall bo allowed within lwenty (2~)) IL'ct I)'o~11 side. real' or aht~tti~g property lines wid~ sittc, rear or abutlis~g property lines {Uuccd. criteria established :vithin SoclJOll 2.4.7.3 ol'thc I,DC. I 1.4 Thc wcl season xvalcr table elevation shall be established itt Ibc lime ol'5oudl l:lorida \Valor .Mimagcmcnl l)}su-Jcl pcrmitling, WJlJC}I iS rccluJrcd Ibr thc sub. joel pfOJ~CF1.V. - 2~) - Exhibit B I,E(;AI, I)ESCRI PTION SI(('TI()N I. T()\\'N,":,ttll~ 51 ,'<,()t.;'l'lt, I?,.,\N(~I( 2t~ I!AST, ('()I.I.II!R t,'f)t ~,N'I'Y. -22- '' LAND USE sUmMARY L E G E N D ~E~DEN~ ~[~R~S ~ AC. g'g~ U~(~9.64A~i~L~RAL~URALAc,) "x 0 500 1000 Sco:e in Feet EXHIBIT "A" MASER PLAN l~gg 12B I ORDINAN'(T. NO. t)9- 42 AN ORIHNANCI.. AMENDING ORDINANCE NUMBER ')1.102 ('OI.LIF, R COUNTY I.AND DEVEI,OI'MENT ('ODE WIII('II TIlE C{)M PR 1:~11F, NSIV E ZONING RIi(iUI,ATIONS FOR 'l lie I;NINCORI'ORATEI'} AREA OF COI,I.IER COU'NTY. FI.(}RII)A AMI!NDINt'i 'l'llli OFFICIAl, ZONING ATI,AS MAP NUMIII!R 1601()2: ('IIANGIN(; Till! ZONING ('I,ASSIFICATION OF Till.: Ill:RI!IN I)F. SCP, IIW, D REAl. I'ROI'EWFY FROM "A' RURAl, A(iRI('tlI.Tt~RAI. I() "PUl}" I'LANNIiI) UNIT DF, VEI,OPMENT KNOWN AS NAPI.ES RI.:SI!I.~VF GOI.F ('l.llll. FOR A MAXIMUM OF 552 RESIDENTIAl. DWI!I,I.IN(; I'NITS. 3.5 ..\('I(ES OF VII.I.AGF. ('OMMERCIAI. AND '1'\\'() IS IIOI Ii (i()l.i': ('()URSF. S FOR PI{OPERTY I,O('A'I'I.2D ONE Mil.l! NORTII ~')F I:..'4 41 AND TWOMII.F.S IiASTOFC.R. 951. IN SF. CTION I. TO\VNSIIII' 51 S¢)I;'FII. RANGE 26 F. AST. COI.I.IF.R ('()I.)NTY. FI.ORIDA, (IF 68,'q ~ ACRI!S; AND 115' I'ROVIDING AN [i[:FF. CTIVI~ DATI'2. described ~cal properly; NOW. TIIERI'T{)I{I'. Itl: IF ORllAINEI) by Iht B.ard .f County Florida: S[~('TION Range 26 Ea~l. ('.lhcr ('tmnty. H,rida. ~ changed t?~m~ "A" Rural Agrlcuhural mco~oraled by rclkrcnce herein. 'floc Ol'licial ZO~li~g Arias Map Number 160102. as described in ()rdinancc Number 91-102. Ibc ('olhcr ('oumy l,and lJcvcMpmenl ('~dc. is hereby amended accordingly. S EC'I'I(3N TWO: This ()rdmancc ~hall becmnc c fl'ccB¥~ tlpOll filing xxilh thc I)cparlmcnt l'A:qSlil} ANI) I)1TY Al){)PTI!I) by day ,,,'.. ~ .... 1099. Ma~jorJe ,%1. Slildcrml Assistant ('Otllll.V Altorllcy -1- 12B 1 NAI'LES RESERVE GOI,F CLUB I'L..\NNEI) UNIT I)EVEI~OPME*'T EXItlBIT A Prepared by: IIOLE. MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples. Florida 34102 Februarv 1999 Revised May. 1990 [IM:X File No. 1998052 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. , Amendments & Repeals EXHIBIT A 12B I TABLE OF CONTENTS Page SECTION I - Statement o£ Compliance .......................................................................................... 1 SECT1ON II - Property ()wncrship, Legal Description. Short Title and Statement of Unified Control ................................................................................... 3 SECTION 1II - Statement of Intent and Project Description ........................................................... 4 SECTION IV - General Dcvclopmcnt Regulations ......................................................................... 5 SECTION V - Permitted Uses and Dimensional Standards 2*r Residential I)cvclopmc~}t ............. 9 SECTION VI - Permitted Uses and Dimensional Standards for Golf Course Dcvcloio'ment ...... 13 SECTION VII - Permitted Uses and Dimensional Standards for thc Village Neighborhood Commercial Center ........................................................ 15 SECTION VIII - Environmental Standards ................................................................................... 16 SECTION IX - Transportation Requirements .............................................................................. t 7 SECTION X - Utility and Engineering Requirements .................................................................. 18 SECTION XI - Water Management R,.:quiremcnts ....................................................................... 20 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXHIBITS SI!('TI()N I .";tatcment of Cdomplhmcc Thc developmeru of approximately six-hundred eighty-eight (688)acres of property in Collier County, as a Planned Unit Development. to be known as Naples Reserve (kflfClub. will bc in compliance with thc goals, objectives and policies of Collier County as set tbrth in ~hc (}roxvt}l Management ['lan. Thc residential and recreational 15ci]itics of Naples Reserve (iol f Club will bc consistent with groxvth policies, land development rcgulations, and applicable comprehensive planning objectives of each ol'thc clements of thc Grox~qh Management t'lan Ibr thc fifth)wing rcasoI1s: The property is located in both tile Urban Residential Fringe District and thc ,,\gricuhural/Rural area as designated on thc Future [.and list l~lmncnt of thc ('oilier County (;rowth Management l']an. 'I'hc purpose o1' thc [;rban Residential Fringe Subdistrict is to provide transitional densities between thc l/rban Residential area designated on tt~c J:u/urc l.;md ['sc Xlap and thc Agricuhural/Rural area. ['3ased on thc 318.4 acres within this district that permits a maximmn density of 1.5 dwelling units per acre. a total of fbur-hundrcd and seventy-eight {478} ch~clling units arc permitted with the Urban Residential Fringe district, o ]'he ,,\gricuhural/Rural district permits Iow density residential development amongst other land uses. Based on a density of one (1) dwelling unit per Iive ~'5) acres and 369.6 acres located within this area sc'.cnty-four (74) dwellir~g units are pcrmiucd. Thc cjustering of development within the Agricultural/Rural area may bc found consistent with tile Future I.and tJse Element so as to create more functionally useable open space and to conserve natural resources. A total of 551.56 tlr five-hundred l]t'tv-tv,'o 1552) d,.vclling units :irt, permitted on thc property in its entirety and may bc lbund c(msistent with thc ('t~llicr C'ountv (Jrowth Management Plan including o~cctix'c . of thc Future l.and [ ~sc t;lcmcnt, tScc also Section 5.3 of this OrdinanccL '['he subject property's location in relation to thc existing tlr pn~po:;cd community thcilitics and serwiccs permits thc development's residential density as required in Objective 2 (fi'the Future I.and 1Jse Element. Thc project devc!opmcnt is compatible and complemcntaD' to existing and future . [.,se Element. surrounding land uses as required in Policy 5.4 ofthe Future l.and " -1- 1_ 10. 11. Improvements are planned lo be in compliance with applicable land development regulations as set forth in Objective 3 of thc Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.1t and [, of the Future I,and Use Element. The project development is planned to incorporate natural systems for xtatcr managcmcn~ in accordance with their natural functions ,'md capabilities as required by ()bjcctivc 1.5 of the Drainage Sub-Element of the Public Facilities Element. Provisions arc incorporated into the PUD for a Neighborhood Village Commercial Center limited to a maximum of 3.5 acres within portions of the property designated for the Residential Urban Fringe District. The Neighborhood Village Commercial Center is designed to minimize external trips to and from the project for limited commercial goods and sen'ices. Provisions incorporated into the PUD lbr the Neighborhood Village Commercial (_'enter are not effective until the FLUE EAR amendments become legally effective. All final Development Orders for this prqject are subject lo the Collier County Concurrency Management S,vstem, as implemented by thc Adequate Public Facilities Ordinance. -2- 2.2 2.3 2.5 SECTION II Property Ownership. I.cgal Description. Short Title and Statement of Unified Control Property Ownership The subject property is currently owned by file Naples Reserve Golf Club. Legal Description Section I. Township 51 South. Range 26 East. Collier County. Florida. and. more particularly, described in Exhibit "B". Access is provided through Section 12. Township '~1 South, Ran,,c 26 East. General Description of Property The property is located approximately one mile north ofUS-4t and one and one half(l'A) miles east of CR-951. The zoning of the subject property prior to the application for rezoning is Rural Agricuhure (AS. Physical Description The subject property is currently vacant and approximately seventy-five percent (75%) of the site has been previously cleared for agricultural development. Thc site currently drains from the northeast to the southwest where the project will out£all to US-41 and then into Henderson Creek. Soil types on site are: (2) H'olopaw fine sand. limestone substratum, (3) malabar fine sand, (10) Oldsmar fine sand. (14) Pineda fine sand, limestone substratum, (17) Basinger fine sand, (25) Boca, Riviera. Limestone Substratum, and Copeland Fine Sands Depressional and (49) Hallandale and Boca fine sands. The property is located in two Flood Zones. Approximately sixty percent (60%) of the property is located in Flood Zone (AE-7) and fort.',' percent (40%) is located in Flood Zone X. Short Title This ordinance shall be known and cited as the "Naples Reserve GotfClub Planned Unit Development Ordin,'mce". Statement of Unified Control This statement represents that the current property owner has l~ds under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordm~ce with the Planned Unit Development regulations contained herein and any conditions approved xvith the Rezone Petition as described and agreed to within the PUD Ordinance. -3- 3.1 3.2 3.3 SI-~CTION 11I Statement of Intent and Project Description Introduction It is the intent of this ordinance is to establish a Planned t Init Development n~ecting the requirements as set forth in thc Collier Count,,' Land Development (2ode/l.l)C) that will permit live hundred fifty-two {552) dwelling units for thc subject proper-ry. The purpose of this document is to set tb~h guidelines For the future development of thc project that meet accepted planning principles and practices, and to implement thc (Tollier (,_'ountv Growth Management Plan. Project Description The project is comprised ot'688 acres located within thc northern halt'of Sccti(>n ]. Township 51 South. Range 26 t!ast. Access to Naples l~,cscrvc Golf Club is provided from an eighty (80) foot wide casement extending south through Section 12, Township 51 South. l~,angc 26 t'.'ast to [ ;S-41 For a distance of one thousand nine-hundred l'il'ty (I.950) t'cct. Thc project will provide for a range of housing types, including single fancily and multi-lhmity developtncnt at a gross density of 0.80 dwelling units per acre and includes two eighteen I I 8)hole goll'courses, a clubhouse and other project recreational amenities. [.and Use Plan and Prelect Phasinu Thc Pl../D Master Plan contains one (1) tract lbr the golFclub, thirteen (13) tracts lbr residential use, and miscellaneous areas and tracts that are proposed to be used for vegetation preservation, recreation, lakes, street rights-of-way, or it Neighborhood Village Commercial c,_'ct~ter. Thc PUD Nlastcr Plan is designed to be tlexible with regard to the placement oF buildings, tracts and related utilities and wnter management facilities. More specific commitments will bc made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, thc I,DC and l.ocal. State and Federal permitting requirements, z\ll tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. '['he anticipated time of build-out of thc project is approximately ten I It)) years trom the time of issuance of thc lirst building pen'nit. SECTION IV General I)evelopment Regulations The purpose of this Section is to set forth the development regulations that mav be applied generally to the development of the Naples Reserve Golf Club Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD ,',1 ~stcr Plan: Regulations tbr development of thc Naples Reserve Golf Club PUD shall be in accordance with the contents of this document, the PUD-l'lanncd Unit Development District and other applicable sections and parts of the Collier Count,',' Land Development Code (LDC) and the Collicr Counw Growth Management Plan in effect at the time of issuance of anv dcvclopn~cnt order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and an,,,' other conditions or modifications as may be agreed to in the rezoning of the property. In addition. any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. .All conditions imposed and all graphic material prescmcd depicting restrictions for the development et'the Naples Reserve Golf Club PtiD shall become pan o!' the regulations that govern the manner in which this si~c may be developed. Development permitted by the approval o£this petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions from other applicable regulations, the provisions of those regulations not otherwise provided for irt this PUD remain in full force ~md effect. 1 -5- 4.2 4.3 4.4 4.5 Site Clcarhm and Drainm2e Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and tile standards and conm~itmcnts of this document at the time of construction plan approval. Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier Count,','. All neccssaO' easements. dedications or other instruments shall be granted Io ensure the continucd operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at tile time construction plans and plat approvals arc requested. :\mcndments to tile Ordinance Thc proposed PUD Master Plan is conceptual in nature and subject t, change within thc context of thc dcvclopmcnt standards contained in this ordinance. ..\nmndmcnts to this Ordinance and PUD Nlastcr Plan shall bc made pursuant to 2.7.3.5 of thc Collier County LDC, as revised, in effect at the time the amendment is requested. project Plan Approval Requirements Exhibit ":V'. thc PUD Master Plan, constitutes the required PUl) Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for thc entire area covered by the PUD Master Plan. All division of property and thc development of the land shall be in cmnpliance with thc subdivision regulations set forth in Section 3.2 oft}lc LDC. Prior to the recording of the final subdivision plat, when required bv the Subdivision Regulations set 2~rth in Section 3.2 of the LDC, final plans ofthe required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD M~tcr Plan, the County Subdivision Regulations and the planing laws of the State of Florida. Prior to the issuance ora building permit or other development orders, ~hc provisions of Section 3.3, Site Development Plans shall be applied to all plaucd pm-cels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to thc development of all tracts as shown on the PUD Master Plan. -6- 4.6 4.7 4.8 4.9 4. t0 Provision for ()ff~itc Removal of Earthen .~latcrial l'hc excavation of earthen material and its stockpiling in prcparmion of xvatcr management Ihcitities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities un buildabte portions of thc pro.icct site. there is a surplus of earthen ma~crial, offsitc disposal is also hereby pcrmiucd s:~bicc~ ~o thc follo~ving conditions: 1.5×cavz~tion activities shall comply with the definition ,,i'a "i )ex cl,,pmcnt Excavation" pursuant to Section 3.5.5.1.3 of the 1_.I)('. ~bcrcbv oft'site removal shall not exceed ICh 1101 percent of the lotaJ volume cxcavalcd tip I[~ il H~ZlXilUIIlll of 20.000 cubic yards. ,,\ timetable to facilitate said removal shall be submitted to thc l)cvcloprncnt Ncr', ices Manager for approval. Said timetable shallincludcthelcngthoftimcit ,.,.'ill take to complete said removal, hours of operation and }aatil r{mtcs. C. All t)tllcr pr >vl,;ions ,~f.'qcctitm 3.5 el'thc I,l)(i arc aI?l~cablc gunsct and Monitorinu t'ro`.'isi,ms Naples Reserve Golf Club PUD shall bc subject ~o Section 2.v.3.4 o:'thc i.I)C. 'l'imc Limits lbr ,\ppro`.'cd PIiD Master Plans and Section 2.7.3.6 .Xltmitoring Requirements. Poltin,_, Places Any public communiLv recreation/public building/public room or similar commo:~ /5~cilitv locw. ed within the Naples Reserve GolfCtub PUD may bc used lbr a polling place, ii' determined necessary by thc Board of County Commissi~mcrs upon rccommendatior~ of thc Supervisor of Elections in accordance with Section 2.6.311 t~l' the Native Veuctation The project will mcct thc nat;vt vegetation requirements of l)ivision 3.tL Vcgctatior~ R. emoval. Protection and Prcscr,.'ation of the LDC fi~r thc subicc~ property. In addition to the areas designated on the Plil) Master Plan as buffers and lakes, open space `.,,'ill be allocated within each subsequent dcx'¢lopment area. (.)pert space mav be in trte form of landscaping, additional buffers, pa,ssive or active recreation areas and water management Gcilities. The total aggregate of such open space areas shall meet or cxcccd the open space requirements of Sec. 2.6.32 of the LDC. v.'hich is met by t)pen space areas provided tbr on the PUD Master Plan. -7- 4.1 t ..\rchacolo~ical Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in fi~e event the.,,' are contained on the property. 4.12 Common ..\rea Maintenance Common .,\rca Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility ol'a borne owners' associmion to be established by the developer. 4.13 ..\rchitectural and Site Dcsitzn Standards l)evelopment of tile Village Neighborhood Commercial Center internal to ~l~c pr~!jcct shall be subject to I)ivision 2.8 o£thc -8- 5.1 5.2 5.3 5.4 5.5 SECTION V Permitted Uses and Dimensional Standards for Residential t)evclopmcnt [,)ur'pOSe The purpose of this Section is to identiI~' permitted uses and development standards areas within tile Naples Reserve Golf Club PUD designated for residential development on the PUl) ..'xlastcr Plan, Exhibit "A". Maximum I)wellin.u Units Five hundred fifty-two (552) dwelling units are penniued within tile Naples Reserve Golf Club PUD, based on a density of(1.5) dwelling units per acre in the Urban Residential Fringe area and one (1) unit per five (5) acres in the Rural/Agricultural area as set Forth in Section I. tile Statement of Compliance. Distribution of Dwelling Units Dwelling units permitted in the Urban Residential Fringe ,'md ,.\gricultural/Rural area may not exceed their underlying density as set forth in the Statcmcnt of Compliance in Section One (1) until such time as the Future Lm~d Use Element of thc Collier County Growth Management Plan is amended in such a way that dwelling units mav be shifted from thc Urban Residential Fringe to the Agricultural/Rural m-ea. Cjusterin_~ Dwelling units may be cjustered in the' Agricultural/Rural area on lots less than one (1) dwelling unit per five (5) acres in accordance with the development standards provided Section 5.7 of this Ordinance and in areas Further depicted on the PUD Master Plan for residential development. General Description The PUl) Master Plan designates the k~ltowing uses tbr zu-cas designated on thc PUl) Master Plan. -9- 'I. 2B i 5.6 TRACT ACRES 1. RESIDENTIAL TRACTS -+.133.0 19.3% 2. RIGtfI'S-OF-WAY +38.1 5.5°,,0 3. LAKES ± l 19.5 17.4% 4. PRESERVE :\REAS ~6g.0 9.9% 5. GOLF COURSE/OPI£N SI'ACE .+-*315.8 45.0% 6. GOLF COURSE CLUB HOUSE +11.4 1.7% 7. GOLF COURSE MAINTENANCE ±..._ TOTAL m688.0 100% Thc approximate acreage of residential tracts is depicted on thc F'UI) Master Plan. Actual acreage of all development tracts including the size and location of the Neighborhood Village Commercial Center '.rill be provided at the time of Site Development l'lan or Preliminary Subdivision Plat approvals in accordance with Article 3, l)ivision 3.3, and Division 3.2, respectively, of the Collier County Land I)evclopmcnt Code. Residential tracts are designed lo accommodate internal roadways, open spaces, recreational amcnitv areas, water management facilities, and other similar uses found in residential areas. Permitted Uses and Structures No building or structure, or part thcreot: shall bc erected, altered or used. or land used. in whole or part, for other than thc following: 1. Principal Uses: (a) (b) (c) (d) (f) (g) Single Family Detached Dwellings Zero-Lot Line Dwellings Two-family and Duplex Dwellings Single F,'u'nily Attached ,'md TOwnhouse Dwellings Multi-family Dwellings, including Garden Apartments A Neighborhood Village Commercial Center in accordance with the requirements of Section VII of this Ordinance. Any other housing type which is comparable in nature with die foregoing uses and which the Development Services Director determines to be compatible with residential uses. Accesser)' Uses and Structures (a) Accessory uses and structures customarily associated with residential uses permitted in this district, including recreational maintenance facilities and clubhouse. principal facilities. -I0- 5,7 Development Standards 'FAILLE 1 I)EVELOP*! ENT STAN I)ARDS FO R RESI I) ENTIA I, A RI,L\S TWO FAMILY SINGI.F. FAMILY MULTI- & DUPLEX A'VFACHED AND FAMILY TOWNHOUSE DWELLING S.F. 3,00(I S.F. per du. I AC 3,500 ' ~" 35 150 PERM1TI-ED USES SINGLE ZERO LOT AND STANDARDS FAMILY t,INE DETAC}tE D Minimum Lot Areas 6,000 S.F. 3.500 S.F. Minimum Lot Width':' 60 35 Front Yard 25m 15 Side Yard'~' 75 '~'0 or 5 Rear Yard Principal 20 I0 Rear Yard Accessory. 10 5 Maximum Building 35 35 lleight tDistance Between N/A N/A Structures j Floor Area Min. (SF) 1200 1200 All distances are in 'ccc unless otherwise noted. }3[t = Building H'cight SBtt= Sum of Building Heights 15 0or5 3O 0 or .5 IUt' 2O 25 (I or .5 Blt 15 25 5 i ~0 ~o 35 N/A 120O 10 .3 Sl½ft [ 0(l(J 6()0 ' Each half ora duplex unit requires a lot area allocation of thirty~five hundred (3,500) S.F. for a total minimum lot area of seven thousand (7,000) S.}:. Minimum lot width may be reduced by twenty (20) pcrccnl l't)r cai-dc-sac lots or It)Is located tm curvilincar streets provided thc minhnum lot area is still maintained. 3. ,,\cccssor)' uses such as pool enclosures may be anachcd to principal uses. Where the zero (0) feet yard option is utilized, thc opposite side of thc stn4cturc shall have a five (5) foot side yard. Single-family dwellings which provide for two (2) parking spaces within ~tt~ enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements lo five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. Building height shall be the verlical distance from the first finished floor to the highest point of the roof surface of a fiat or Bermuda roo~: to thc deck linc or a mansard rool'and to the mean height level between caves and ridge of gable, hip and gambrel roofs. ,,\cccssory buildings shall be limimd to twenty (20) feet above grade. -I1- 1.2B 'l Within thc Agricultural/Rural portions of the property as designated on Iht Future I,and Use Map and on thc PUD Master Plan, building heights shall bc limiled h~ a maximum of thirty-tire 1'3.5)/'ecl within one-hundred 100)foci .f ad accnt Agricultural/Rural lands. Only one residential dwelling unit type shall bc pcrmiltcd m~ any tract designated for rcsidcntial usc. Where dil'tkrcnt dwelling unh types arc planned (m adjoining Iracts, they shall bc scparatcd by recreational ihcililics, cmnmon areas, ~,r landscape bul'tkrs. 9. l,andscaping shall meet or exceed the rcquircmcms {~['Section 2..I of thc I,I)('. l,andscaping and signage shall also be uniform at each signature cntranccway into individual tracts, which shall also promote a similar theme throt [. ~out thc planned development. 10. ['trimeter buffers shall only be required for thc boundary of each tract at thc time il is developed. Buffcring may bc required during thc silc plan review proccss ~f' all or some remaining tracts as determined appropriate hy thc l)cvclolmmnt Services Director, based on the type of use and proximity to residemial usc. I I. All signagc shall bc in conformance with Divi:;ion 2.5 of thc 1,1)( ' 12. All parking shall bc in coati,finance with Divisiol~ 2.3. ( )ff-Ntrcet Parking and l.oading. 13. Setbacks shall he measured from the legal boundary of thc Itl! ancl arc inclusive o£ casements with the exception of easements that comprise a road right-{)[:way. 14. Within each individual tract, architectural standards shall bo unified with regard to colors, roof lines, and textures, so as lo create a unifom~ architectural standard for each individual tract for all mulli-fanfily or attached single-family units. 15. Single or multi-family usc is permitted {>n each tract designated "R" on thc I'1,II) Master Plan. -12- 128 I (~. ] 6.2 SECTION VI l~crmittcd Uses and I)imcnsim~al Requirements Ibr Golf Course and (;olf l)riving Range Purpgs¢ Thc purpose of this Ncction is to set forth thc regulations for Iract tmc (I). thc (;otf ('It:}, arca, and for thc (h)lf I)ri',,'ing Range, which arc depicted on the lq/I) Nlas~cr Porn'fitted tJscs ;u':d Structures No building or structure, or part thereof, shall bc erected, ahcrcd, tlr used. {lr land or x,.'atcr used. iu whole tlr in part. for otl~cr than thc ,,\. Permitted Principal Uses and Structures I. Club l louse 2. (;olf Course 3. (;olfl)riving Range 4 Sales £'cntcrs and Construction Offices 5. ,Maintenance/Storage Facilities 6. Any other principal uses and structures customarily associated with (;olf Course related uses and arc detcm~incd to bc compatible by thc l)cvclopmcnt 5e~'iccs Director. R. ['crmittcd Accessory l,:scs and Structures i. Clubhouses, pro-shop, prac!ice driving range and other custo:narv acccssorv uses of golf courses, or other recreational t'acilitics. Small commercial establishments, including gift shops, golf equipment salc~;. restaurants, cocktail lounges, and similar uses, inlcndcd I(> exclusively scrx'c patrons of the golf course and other permitted recreational lhcilitics. 3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types t)t' facilities intended for outdoor recreation common Io a couI~trv club. Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, water management Facilities, rcstrooms, maintenance shops and equipment storage facilities, non-commercial plant nurser).', and similar related accessory uses. ,,\ny other principal uses and structures customarily associated with (;olf Course related uses and are determined to be compatiblc by thc I)cvclopmcnt Services Director. -13- 6.3 Property l)cveh)pn~ent RCL, Uhdions A. General Rcquirements Overall site design shall be harrnonious in lerms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buflUr areas. Buildings shall bc set back a minimum of iifl,v (50) feet I'r,m~ abutting residential districts and thc setback area shall bc appropriately landscaped and maintained to act :is a buffer ;,,one. No parking will bc allowed in t}~o buffer. P,. Maximum I tciuht of Structures 'l'hree 13) stories, or thirlv-live (cci. C. l'arkinz ,\s required by Nccticm 2.3 of the Collier (7ounty I,I)C. D. l,andsca,[/jEg As required by Section 2.4 of the Collier Count,',' I.I)C'. F.. Sienmze As required by Section 2.5 of the LDC. ttowcver, two (2) signs with a maximum of one hundred {100) square tket each or one (1) sign with a maximum area t)f one-hundred sixty (160) square feet shall be permitted at thc entrance to the project on US-4 I. 1 -14- 7.1 7.2 7.3 1.2B VII Nci~l~horhood \"illa~c Commercial Comer The purpose of this section is to set lbrth the development regulations that may be applied m thc Neighborhood Vilta~c Cmnmcrcial Subdistrict which may hc sized up to 3.5 acres in accordance with the FIA;E EAR amendments when they become lc~ally effective. Thc location of thc Neighborhood Village Commercial Center ill;tV }~c located {m any tract designated l'or residential uses on thc PUD Master Plan that is ccmvcnicntlv located to provide limited commercial goods and se~'iccs to project rcsidcms and meets thc locational criteria of Section 2.2.20 of thc LDC and is t~rthcr located only in thc l?rban Residential Fringe Subdistrict as depicted on thc Future [.and [isc Map. l'crmittcd [~'scs and Structures building or structure, or part thereof, shall bc erected, altered or used. t~r land used, in ,,vholc or part. for other than thc I'ollowing: A. Pcrmiucd l'rincif)~l l;scs Those permitted uses in thc FLU[:. ILAR amendments when thcv become legally effective. B. ..\cccssorv [Jscs and Str:,cturcs ,.\ccessorv uses and structures customarily associated with permitted uses in thc ~Neighborhood Village Commercial Center. Development Rct2ulations All regulations pertaining to locational requirements, parking, landscaping, signagc, height, setbacks, design guidelines, and project phasing amongst other requirements shall be those set tbrth in the FI,i;F. t'~,,\R anaendmcnts when thcv bec{rune legally effective. -15- SECTION VIII }invironmcntal Standards Thc purpose of this Section is to set forth thc environmental commitments of the Project I)evcloper. 8.1 Prcscrvc .,\rcas arc ~encrall.v depicted on tile PUD Master Plan and arc permitted to bc uscd for open spacc and passive recreational use only. All prcscrx'ation areas shall bc designated as Preservation Tracts or easements on all construction plans amt shall be recorded on thc plat with proteclive covenants per or similar to Section 704.()6 of tile Florida Statutes. Buffers shall be prtwidcd in accordance with Subsection 3.2.8.,1.7.3 of the I,f)C. 8.2 Petitioner shall be subject to tine Collier County Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery ora archaeological or historical site. artithct or other indicator of preservation 1. 8.3 Environmental permitting shall be in accordance with tile State of Florida Environmental Resource Permit Rules and bc subject to review and approval by Current Planning F. nvironmental Staff. Buffers shall be providect around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging txventy-five (25) feet from the landward edge of wetlands. Wi~cre natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 8.4 Native vegetation preservation shall confom~ to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC and tile Presen'e Areas. shall be generally provided for as depicted on thc PUD Master Plan. Exhibit A. 8.5 An exotic vegetation removal, monitoring and maintenancc (exotic free) plan for the site. with emphasis on the Preservation Area, shall be submitted to the Current Planning Environmental Staff tbr review and approval prior to Final Site PlaWConstruction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. 8.6 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWf:C) regarding potential impacts to protected wildlife species. Where protected. species are obserw'ed on site, a habitat management plan for these protected species shall be submitted to Current Plmming Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. 8.7 The applicant shall be subject to all environmental ordinances in effect at the time or development order approvals. -16- 1.2B ; SEC'I'I()N IX Transportation Requirements ']'hc purpose of this Section is tt) set forth thc transportalion commitments of the pro. ioof dev¢lopmcnl. 9.1 The developer shall provide arterial level street lighting of thc pro. jeer entrance at the intersectionofl;S-41. Such lighting shall bc in place prior to thc issuancc ofanv Cenificate of ()ccupancy. 9.2 The road impact fcc shall bt: as set lbrth in Ordinance 92-22 as amended, and shall bc paid nt the time buildhlg pcm~its arc issued, unless otherwise approved by Ibc Board of County Commissioners. 9.3 Internal access improvements shall not be subject to impact Ii:t: credits and shall be in place before any certificates or'occupancy are issued. 9.4 All traffic control devices used shall conlbrm to the Manual on t rnilbrm Traffic C'ontrul Devices as required by (.'hap~cr 316.0745. Florida Statutes. Roads internal to tile project including the eighty foot access road south of tile sut2icct property onto t.;S-41 may be private at thc option nf the developer. 9.6 '['he developer shall provide left and right turn lanes at the prqject entrance on US-4t. prior to thc issuance of thc first Certificate of Occupancy tbr thc first habitable s~ructure. -17- SECTION X Utility and Engineering Requirements The purpose of this Nection is to set fimh the utilities and engineering commitments of thc project developer. 10.1 Utilities Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76. as amended, and other applicable County rules and regulations. :\11 customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sev,'er facilities are available to serYe the project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Sen'ice Commission has granted territorial rights to thc developer to provide sewer service lo the project until the County can provide these sen'kcs through its sewer tkqcilities or septic tanks meeting the requirements of Florida Statutes ma',' be used on an interim basis. The utility construction documents for the project's sewerage systein shall be prepared to contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in sec'ice. -18- 1.2E1 .! 10.2 I:.mzineerinu Detailed paving, grading, site drainage and utility phms shall be submitted to tile Development Services l)epartment lbr review. No construction permits shall he issued unless detailed paving, grading, site drainage and utility plans shall be submitted and until approval of the proposed construction, in accordance with tile submitted plans, is grnnted by lhe I)cvelopment Services l)cpartment. ,\ copy of tile SF\VMI) Surface \Vatcr Management Permit must be received b~ tile Development Services slafl' prior to any construclion drawing approvals. Subdivision of lhe site shall require platting in accord:moo wifll Section 3.2 of l,l)(_' lo define file right-el:way and tracts shown on the PUl) Masler Plan. D. Thc deveh)pcr and all subsequent o~vners el'this project shall be required to saris/? tile requirements of all County ordinances or codes M effect prior to or concurrent with any subsequent dcvelopmcr~t order relating lo this s/to. including but not limited to Preliminary Subdivision Plats. Site Development Phms and any other applications that will result in the issuance of a final development order. The development will provide adequate right-of-way for/'uturc turn lanes a! thc project entrance and tile design will be coordinated with thc Office of Capital Projects Management. Said improvements will bc made prior to dqc issuance of a Cerlilicate ol'()ccupancy for tile Country Club and rchued uses including interim clubhouse facilities. -19- SECTION X] \Vatcr Management Requirements The purpose of this Section is to set lbrth thc water management commitments of the pro. icc: developer. 11.I Detailed paving, grading and site drainage plans shall bc submitted to thc Development %crx'iccs Department for review. ,No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the I)evclopmcnt Services Departnwnt. 11.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of thc Collier Gounty LDC. except timt excavation fi~r water management IDaturcs shall bo allowed within twenty (20) l~ct ITem side. rear or abutting propemy l/nos with sittc, rear or abutting property lines J~nccd. I 1.3 Landscaping may be placed within the water management area in compliance with thc criteria established within Section _.4.7..~ t~fthc I..DC. 11.4 The ',,.'et season water table elevation shall be established at the time r~f.'qout}~ Florida Water ,Xlanagemcnt District permitting, which is required lbr thc subject property. 20- EXHIBIT "A" LAND USE SUMMARY RIr~D£NTIA/. TRACTS 13,3.0:1: Ac. RIOHTS-C~-WAY ,T~. 1 :t: AC. LAKES 119.5':t: kc. PRESE:R VIS 68.0'~ Ac. CO~ COURS[/O~EN ~AC[ 315.~:1: Ac. 45. g~ GOLF CC~JE~ C~UBHCUSE 11.4:t AC, 1.7~ C~ COtJRS,~ MAJNTTc~NANC~ 2.2~: Ac, TOTAL lB B~,.'t: AC- RESIDENTIAL DENSITY RE~DENTIAL F'i~NG~ 47~ DU'S x G~ ICt.t L TUI~ AJ. ,/RU R A L 74 0U'S TOTAL ~_~52 DU'S LEGEND ~:SlO~:N11AL FRINC~ S~.JBO~S~'~ICT (.¥~ 8.42 AC.) AC~CULTURAL,/'RURAL StJBDIST~ICT O 500 I COO Scale in Feet (~ '='~ooo') ?Ig 1Oink ~ ~ ~ FT.. ,.T,410~ - Plume: (~41) NAPLES RESERV[ GOLF CLUB PUD blAS3ER PLAN ,, j g852EX05 Exhibit B LEGAL DESCRII'TION SECTION 1, TOWNSHIP 51 SOUTtt. tL,\NGE 26 EAST. COLI.IER COUNTY. FLORID,\. W:~1998',1998052\rld',PUl)-90210.doc - 22 - STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-42 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E. BROCK Clerk of Courts and'i~lerk Ex-officio to Board"of County Commissione~.~ By: Ellie Hoffman, . .~., ....., Deputy Clerk Department of 1E B 1 Environmental Protection Mariory S(oneman Doui~las [~,uildmZ 3900 Commonwealth Bo~dovard Tallahass¢¢. Florid,,, 32399-3000 I(ookery Bay National Estuarine Research Re-serve 300 Tower Road Naples, Florida 34113 Phone-941/417-6310; Fax-941/417-6315 David B S(ruhs S~re~ry May 18,1999 NIs l*);tv,'n Undt:rwood South Florida Water Management District 2301 MacOregnr Bird. }:or~ Myers, FL 33901 Dear Ms. I indct'wood: (3urlitled below are c, ommcms that Ir{ooke~y t3ay National Estuarine t,tcsear(:h Rescrx, t, has concerning a projec! within our hcadwatt:rs. l)urin£,, a recent grant project, staff sampled scdiments in lhc hcadw;,rt:rs Rookery Bay lBr a suite oI'pesticides. T~ee peslicid~s were fimnd in lhcse sedhnen~s: DDD-p.p'; DDE-p,p'; and, chlordane. S~ples were taken 41 canal (near Six L's Fam~s; Thc wesmrn edge of Bell~ Meade (near Duda l:am~s property): and, at the CR 951 canal (snuth of Sabal Palm Road), ]ocalion of these sample sites and informalion lkom tim gr~mt report is cncloszd. These three (of eight total) sites showed high levels of the above compounds, Gct three orders of magnitude higher lhan lhe State standards ILar general water quality. Wile there are currently no standards fi~r sediment quali~)', thc construction alld site p~cpara:ion process on ~his site will likely suspend sedimcms that have the potential ol'containing these pesticides and transporting them downstream to Rookery Bay wnlcrs. Once suspended, it is unlikely that a turbidity screen w~uld inhibi t transporl of them icals in wa mr dowHstroam. Additi.mdly. at the time of resuspc~sion, lhcsc ch.mical:q wouht bc ax levels sigr]ificandy high~w than tl~c State Water Quality Standards allow und wouh.t l~lc~'irl~: soull~ t~ward }Zookt~;y Bay mid Otllstalldirlg I:}c, rid;~ XVatc:' (OFW. Clmptcr 17-3.302, Florida Administrative Crude). I hax'c also m~clt,sed e>:cc, [*t~ f'r,m~ txv~ p~,bli~:alions (']'oxicoh,t[icaI }'rol'ilt~ fo~ ('hit,fda:to and Toy. icologic:fl P~ofile fi~r' .1,.I"I3i)T. 4.4'-I)D1¢ nmi ,1.4'-1)I)13 - t.'pdalel b;~ckgrc, un,] ~H these lhrec compounds and lhe~t' cHvi~onn:c~Hal t';ttt: a:]d effects. }'lease consider this c:arcl~llv as numerous i~ird~4, fish and tn;re,hals feed and [-'IJ(I~'E[>',' Fax: 19/i 1,'I 176~1 [, Jun 1213 1 (2) (4) l'orag¢ on lhis site. as well as downstt'canl. Extensive sediment qu~tlity It,sting t,v an independent laboratoo' should be compleled prior to ground disturbance lo assess conlanlinatio~. If thc silt: is cotlsidercd coI~laminatcd, prccaut~ons should be tak¢~ n', ttisposc of thc hazardous waste. Rookery Bay would like *,~ be notitied prior to any s~il disttubancc activities. On page 25, No. 3,4,5: Creation of ~vell~ds from uplands decreases the biodiversity of the site. An estimated ~A of the site has been disturbed by clearing l~r agricultural activities. The diversity on thc remaining ~ r>F thc sit,~ should bo restored and maintained. On page 26, Nr~. 3: Tht? applicali~n states that invasive trees, sttr:h as mclaleucn. method shoukl bc caro~XtIly examined. After monitoring many restorati6n effoms al Rm>ker?' Bay wc have noted that thc native species on-site rebmmd very well tbllo~ving disturbance due to invasive plant removal cfforls. Also, note thal w}~cn mclalcuca Trees die and 1he seed capsules dU and open, if thc trees arc standing The seeds will lloat ~m tl~e wind and distribute great distances. IL h~wcver, the ti'ecs ;Ire cI1t, W]lerl fhc cat'sttl{'s opcll, l}le seeds will rcnlnin in close pr(>ximity h) attainable. Also attached are three letters ofcogespond:nce concerning offsets Ibr an access cas=mmpi across ibc Meli parcel {our land on the southxvest corllvr). I~' this prO.?CI moves folxva~d, soillo of'the proposed actions to restore hislnr~c' ~loxvways and surlStccwater flows may be applicable. Please feel free to contact me iffi~rlher information is needed. Thanks vmt for .,,'our time and tl~e o]'~polltmi/? tt5 COll1111,.2111. Kindest regards. Skip ltcr~,,mann. I rS Arm? Ct~rps {d' Engineers Kiln Drydtm. l;$ Fish anti ¥.'ildlifit Service Cecili:~ I I:u-pcr. l~nvironmmltal I'r~tcction A~}ency GaO I.ytt~m. IO,,.,kcry l~ay Reserve Managcr Nlichacl Shirley, Rookery Bay Resource Management Coc~rdinato: The samplini; stations for this study arc identified on Figure 0 'l'h:t tclt:mct~' stations were !ocateda~ttC1 inJIeaclcrs-nCrcckandBW1 iaBlackwater[%vcr, t t('l..ll(,,landBWl BW4referto sediment sa:::pling station, which arc discussed }::tcr in thc text. Figure 6 ,-~ .... 71? '"" ~ -: , ....... ,~,~e,~ .FI}L>- .' r ~: ~ : ';; "" - ': ....... ' ....... : ~ Historically, t{cnderson Cruck received ~'c5}B~'atcr l}i~ Oug}t surlktccwatcr sheet Ilo w. Currently, ~eshwaler nnters } Iendcrson Creek Henderson Creek Cai:nj, which rcceivex water fi,am thc US 41 Canal and B~lle Meade, thus }:vdrologic. patterns m F[eadcrson Creek. Residences, and in thc [madwalers t}f llcnd,:r~on Creek may ulflucncc wamr qua!ib in this cst~arine system. Thc combined potential for nonpoi.m source po,llmion runoff and decreased retention times lkom channelization of'sur~Accwatcr Ilow m.9' ncgadv¢l/impact thc n,lt::ral communities ,)f [-Icnd::rson Creek ltenderso, Creek }tcndcrsol: Crock is thc p:'ima:'y tribuhuy tkcdmg Rookery Bay. ].:,::areal appro~mateiy 5 mDcs ~om dov~q~rown Naples, this estuary has a rcl~t ivcly disturbed watershed. Henderson Creek is appro~maa:ly 3.5 mJlcs from the mouth to thc headwaters. Ne~ the head~vaters, {h~ creek forks. One fork goes )o a dead- cad bas}n: caEcd thc Manatcr Bask:. Thc mhc,' l¢>rk goes to a wok, above which is I hmdcrson Creek Canal. Blackwater River Thc Black',varer River is one el':::a::;,' tributaries ikcding the Tun 'I'hm:sand Islauds Aqu:~dc Preserve. l.ocatcd approxhnatdy 12 mi/cs ~:J::: downtox~: Nat)les, this rive;' i:; relatively remote and has much of its watershed intact. 'the hydr, dogy has been slighlly altcrt'd from thc Ir5 lion, ways. 'I'hc~ c i~ c:,ttcl::;ivc agricultural acl ivity at lbo headwaters of the Blackwate[ Rivtcr. the runoff is fillcr,,.d througi~ lhe natural ~vctland.q as ils enters the Blackwatcr River system, thereby decreasing Iifx.c{:; ,~f'n;s~rJt:::ts reaching thc ~;m:~pltnU :;ires. 1 ScdLment Quality. tlist~rical Data Summatw Pesticides Sediment data in this Thc primao' source for scdbnent data for rt:w~rt is the Fl' 94,05 Collier Coun~ Estuarine ,Sediment Sami)lh~g Program Data Report from the Collier County PolJution Control Dep~ment. Sediment samples were co~ected and ~al~ed in May 1995. Co--on parameters are }isled Table4. Noneofthese parameters were Jbund area is ','er), limited. Relatively lk:w samples have been analyz, ed. Table 3. Estuarine Sediment Samples collected b~. Collier Count~ pqlJu[iqn ¢ontroJ D__c. partmcnt 1994-1995 (common parameters) PCB- I 016 PCB- 1221 PCB- 1232 PCB- 1242 PCB- 1248 }'CB-1254 PCB- 1260 Aldr in alpha-BHC beta-Bt'[C dcha-BHC gm~mla-B}tC ch]o r&me 4,4 '- I) I)D ,1,4 '-DDE 4,4'-DDT l)icldrhq EndosulfaJ~ I EndosulPan I[ Eudosulfhn Sulfate Endrin Endrin Aldehyde H'cptachlor Heptachlor Epoxide Methoxychlor Toxaphene by the County at high levels within either Ilendcrsoa Creek or Blackwater River. According to the National Oceanic and Atmospheric Admhfistratior~ in 1992, RookeO' Bay and tim Ten 'I'huusand Islands are in the 'high risg~ catego~ fi)r impacts co estu~e orga~sms from ~flm< of pesticides (Pair et al. 1992). While concentrations for the compom~ds tested ~e cmxently not a~vc the~ detection l~ts, the amounts and types of pesticides used w/thin the watersheds ¢m Rooke:7 Bay arid thc Ten Thousand Islands, puts lhcsc arc~s at risk (Pair et al. 1992). CurrenI DataSumma~' Pesticides Sedhnent samples wcrc collected at a total of eight statio~ (Figure 6). Strategic placement of the sed~ent sampling statioI~s helped determine potenlial sourozs of input for these subst~ces. Stations were located in areas of human recreational use, such as along canals which are rccrcatio~Hy fished and used fi~r ~)ating activities, near nurseries, agrictfitural fields and golf cotlrscs. Samples were collected using a fl304 sla~tlcss sh:cl Wildco harM-cc)re sc,timcnt sampler. Each sample was emptied into a stain/ess steel pa~ m~d. using a stainless steel spalula, thc top tl~cc ~chcs of soil were removed. Each ~mlplc wa:; placed in a la, calory pt~p:t~ed 250 ml jar and slfipped overnighl, on icc, to Taltahassee fo~ analyses. Thc core sanlplcr, pan and spatula were rinsedwilhisoproplmol, then distilled watcr prior to sampling at cach sirc. Tho pan and spatula were dried ~5Ih Kimtmrly-Clark Kimwipes Ihllowing the rinses, Disp,,sablc gk~ves '.vc~c 19 worn by field technicians during Ihe sampling and changed tx2tween each sarnpting site. Three replicates were collected at each site. Peslicidcs in thc sediment sampk:s ,,ver¢ anal3r,,.¢d for the pesticides li:;ted in Table 5 by the FDEPCL in Tallalmssc¢, Florida, using methodologies based on the following EP^ Methods: 1 o,.,p01,,? ' ?'r'g:u'~°Ph°'sph°ru"s- t Organmtitrogcn O: gan__?~!}[i?_:( ...... [ 3550/8080; 608/8081 t'CB's [ 3550/8080; 60818081 EPA Method for Analysis 3550/8080; 614161918141 3550/8080; 6141619/8141 t)ctailcd descriplion.,; o f these methods are provided in Appen,ti'< II1 I III !a_b.l.e 4. Sediment ~am~le Pesticide S_piLe ['CB- 1016 PCB- 1221 PCB- 1232 PCB- 1248 ['CB- 1254 PCB- i 260 ' Atra:dnc P, romacil Hcxazinone Mctribuzin No rfl t:rn xorl t)t o met ryn T, iadcmcli'or~ Chl,~rpyrifi>s Ethyl l)iazinon F. thion F. thrq~:'op Fcr~amiphos Malattfion Mcthamidipho.~; Me;inphos Paratlfion MettWl Terbufos Al&in bcta-BHC delta-Bt [C gamma-BilC DDDop,p' I)DE-p,I:~' DDT-p,p' Endosuffan I Er, dosulfim II ];:ndosulfim Sulfate Endrin Aldehyde Hcptachlor t leptachlor Epoxidc Toxapher~e PC[I- 1242 Alachlor Mctalaxyl S imazJnc I)isullbt,.m Iso£enphos Nalcd a!pha-BHC chiordane l)}eldrSn Endrln Mcthoxyctflor Il' .Il II II I I Il I I I I I I II II I I I II 2O F'. 07,'07 Three targel pesticides were found in scdin~cnt srunplcs. No standards currently exist for levels ofpesticidcs in sediments, t{owever, m.~bnum State Water Quality StmM~ds for tx~th chlordane (0.004 u~g) m~d DDD4)DE (0.00'1 ug~g) arc three orders of sediments in this study: Figure X shows the values of DI)D-p,p', DDE-p,p' and chlordane found at tinct stations; one with~ thc Hcnd~rs~Creck watershed and t;~o within dm Blackwate~ River watcrsN:d. Figure ~4 Pesticides in Sediment Samples 15 (;rain Size Analysis Sediments ,.,,'ere collected at each of eight sediment sampling si~es for grain size analyses. Saml,k::~ were collected using a #304 stainless steel Wildco hand.core scdir.ent sampler. Each sample was emptied into a stainless steel pan and. using a stai~ess steel spatula, the top t~ee inches ofs~fil were removed and placed ~to a la.led Ziploc bag. 'I'he co~e ~ampler. pan and spatula were ri.zed with isopropanol, then distilled water prior to s~p~g tit each site. Thc p:m and spatula were dried with Khn~rly Clark ~nwipes folJowh~g ti~,: r~es. The smnples were kept in re~igcrated storage unt~ tramgponed for ~alysN to thc UNvcrsity of Florida, Institute of Food and Agricultural Sciences at thc Southwest Florida Rcseaich and Education Center (SXkTREC) bi hnrnokalee, Florida. 'I'tm samples were prepared and anal7/~d at S~EC Soils [.alx,~atmy using the following prnce,ture: DO' soil a! 105°C to constant weight; Temporarily remove large patl lcle.q such as stones and shells; Place remaining soil in grirMcr ~d grind for 30 scconds; Recombine large panicles ~it.h ground soil; Pass the soil, in succession, through sieves with 2mm. Imm, (',.5mm. 0.25mnL O. 1 mm, and 0.(15mm openings; Weigh tl~c soil t}~at Glls into each ot'the si/.t~ clazscs; 21 TII'LE: Henderson Creek./Belle Meade Restoration Pro!ecl SUBREGION: 5 PROJECT ID: SW~4 FINANCIAL REQUIREMENT. PROGRAM CATEGORY':' '~ BUDGET CATEGORY.- WROA; $1.200.Q00 Infrastructure Infra Invest WO/Hab~t,'H Protecl State: $2,610,000 Natural Resources M.3n Courl~y: $380,000 USFWS: $950.000 pRoJECT PLAN MANAGER: - BASIS:2 roTAn.: $ 5.140.000 Haner (94,}417.6310 ' APPROPRIATED TO DATE: LEAD ORGANIzATION(~;): FDEP I County: $3B0,000 ~iJ~PORTING ORG~N'I~_.A TION(S): SFV~/MD/CoIher CountylUSFWS State: $2,610,000 USFWS: $950,000 CO'UNTY(S): Colher TOTAL: S 3,940.000 . , REMAINING FINANCIAL REQUIREMENTi' LINKED PROJECTS: Dependent on Critical to : Rookery Bay Aquatic WP, DA: $1.200,000 Preserve and National State: 0 Estuarine Research County: 0 Reserve USFWS: 0 Associated with: TOTAL: $ 1.200.000 . START:, ,1'¢97 ! END: 2002 APPROVED.; 1 1/97 .. I LAST REWSION: 2/98 -- DESCRIPTION: Colher County ~s currently facing unprecedented urban growth rates, with Naples leading the nation in metropolitan growth Changes m land use within the primary watersheds draining into Rookery Bay have been identified in the Rookery Bay Nabonal Estuarine Research Reserve management plan as [he highest priority resource issue that threatens the long term preservation of the research reserve's Estuarine resources This project will return a portion of the historic timing, duration and volume of freshwater inflow, as well as providmg much needed treatment of stormwater, into Rookery Bay Land acquisition for placemenl of culverts under SR 951, restoration of sheetflow, habitat preservation and exotic vegetation removal Four add~tiona! culverts under this road (4 are currently ex~stm9 and at times, overloaded), are proposed to restore historic surface water flows into estuary, and alleviate some upstream flooding problems Lands have been and are currently m Ihe process of being purchased by DEP [o allow this work. and a portion of the exotic vegetation removal/habitat enhancement ~s beginmng withi,n the next two months Henderson Creek Filter Marsh and Land Acquisition. The purchase of 25 acres (CARL) adjacent to Henderson Creek, and conversion to a tilter marsh water management system by regrading of lands, upgrading [l~e we~r structure, and coordinating with the SFVCMD. will assist in treating the stormwater flowing from the upstream canal prior to d~scharge into Ihe estuary Ten acres have recently been purchased and the remaining port,on is pending purchase. Manatee Basin Hydrolog,c Restoration: Purchase of 100 acres of land by State and County adjacent to the Manatee Basin, a natural upwelling area at the headwaters of the south fork of Henderson Creek, and restoration of sheet flows and stormwater treatment by adding culverts, flllin9 d~tches, roadbed removal, and berm creation to prevent downstream flooding of private property The County is m the process of purchasing a 70 acre parcel and will be donating that tO the State, and the State will be purchasing the remainder of the area Swale and Spreader Systems Two swale and spreader systems are proposed trorn US 41 canai rote Mcllvane Marsh. which will enhance water quahty, quantity, timing and d~stribution of freshwater rote the marsh Engineered plans are complete at this point for the project. Road to Nowhere Roadbed Removal: Removal of this old roadbed, or portions thereof, will restore h~stor~c sheetflow into Mcllvane Marsh. The area ~s currently being used by a breeding populabon of endangered American crocodiles Work will be coordinated wilh GFC to assure no adverse impact to the crocodiles RESTORATION BENEFITS: Immediate restorabon of historic sheetflow into the estuary, treatment of stormwater, ~mprovements to water quahty, increased habitat value and wetland functions 12B I Author: O,UTLA;L% ;Oepzc6,dep.state,fl,us at. Date: 4 / 2 / 9".. i.':26 AM Priorit'f: :4ub]e,.?t; .... : _. !ten(:ersor, C:eek/f~eil,? Meade ................................ t.le s [;ag. Contents ................................ ,l 3 h n, the Henderson Creek/[{elle Meade Project: To: ,~l Acr0:s: 179 Acre~; Previously Purchased: 67 Acres Remaining for Purchase: 112 Percent Remaining: 63% Attributes T&E Species Habitat Diversity Habitat Connectivity Regional Hydrologic Rest. Water Quality water Quantity Water T/ming & Distribution Restudy implementation Evaluation Some Some Not Significant High High Some High High RBNERR comments: _ = t 'O, 'ncluding manatees, T&r Species ~-; i panthers, wading birds, eagles, etc. Habitat Diversity = ?retry high; grades from cypress prairie, wjt:h scattered ,..'pland islands, to mangrove forest and open water Habitat Ccnnec::'.'zty = pretty high; this project physically connects the Belle tdead(, CAin!. project (watershed) with the Rookery }]ay CARL project receiving estuary); thls physical connection provides a haS:tat corridor in an area with no protected physical corridors. Regional Hydrologic Restoration = pretty high; this project protects the historic flowwa.? conr, ection; flows are currently divert:ed into the /{R951 canal; with ills area in long-term protection, historic flowways can be preserved and ~,aintained, Water Quality = hi(ih; surface wa%er flows would percol~,te through natural wetlands prior to entering the protected OFW waters of R:.okery Day MERE. Water Quantity = high; natural wet]ands store and retain surface war. er ~.. more efficiently and effectively than man-made cana,., t on-s~te wetlands will store and release freshwater through the fl~wway. Water Timing and Distribution = high; natural wetlanc~s c~n store and release freshwater to estuaries in natural pulses, unlike canals that withhold or flush all freshwater, depending upon the weir structure. Restudy Im~;l,:mer, tation = high; work has already begun 1:~ t.h[s area; a 67-acre tract of land was purchased and donated to the State in 1999: representatlve$ from the other parcels have contacted this office recently concern:nS ~;elllnq and other alternative options. IL:'CE"~CR Y )dFIY '~, Henclu.~on C~oeK ACW~'~'~'ti~)n 'W / / NAPI.ES DAf I.Y 1 Hay 28, 1999 GoK:.-..eou se, ,. ,.,., pestlclcte,run-0'r[ not the danaer people believe Fort [ aud~utalo ht lbo d[scussious nhout lira text phm that w,,hl allow rccre,tloonl uses in the Density ltuduction/(;roui,lwalur [[eSmll'Ce area, tilere is a 111 e flor ~ll[e, Mlllly liCOlde sCetll tu Ihhlh lhld m;hlg postividt's on g,tf courses current scientilic research shows that I.dny's pesllcides, applied propcrly,.d. their wm'k effi.ciiwdy nmi safely. 'l'urfgrass pesticides lire IlOJ tim of evil nmi al;iai:er Ihe I,ublic may haw~ hWL, SJig;ded h-w Mug pe.qichles hi.si aller they ale al,plit'd filial how they ah.lied how dilfi'rvul ~u.slicides a~ p nffech'd hy n varwly includinll dill'm ent still tcxlur('~ and fur[gl ass varietics, slol,',l Idanting such as irl'ii:atitm ~achus ~eJe('h,I f-r sholy had pr,vi,usly bce. sltHliml elsewhere. that Ihe I'CsHiJs arc schmtilScally verifiable. widcly used Jill fgl';iss imsiichles aml/uF mobility. These dmmicnls have been lc.ted tinder the ltlr~fit HlJVel'se or extreme comliti,ms imagiuahJe F()r exnlnple, pesticides were al,l)lied Io fl~sl (h,iniog, Iow watur- retahlJllg 8all(l.JHised rool-'ZOlle mixtures that ha(I little organic ilia{lei'. in s.btr.plcnl (rnl.y~ clhnntlc cumlitions. I{(,~l;u',lless of the sevin ily (]rthe test or tim tyl)e .f Imstici(le n I)pl led, the ~ usulls of I)('st ici(lc studies have hcen .vel'wlmhuingly fiw,)rahle. Itesearchers have fl,m.I Ihal, rnlher than omving JlllO our water supplies, most peslicides applied turrgrass remain i. Ihe luff zone. l'estlci,h.s are (hmigm~(I lo ~;JJly .lids zmm. I)eenuse lhis Is where Ihey IIt~P(J tO J)e lU th) their w(wk. " Over thuu, they are'broken down by 'mleroorg{nlsms'ln tho sollAhateh zone · ns carbon.food sources, and ultimately are released as harmless carbon ,: ~ dioxide. While te~tlng for potential ' negative environmental tml)aCN, scimdists sludying pestlcido fate docmnentetl the helief that turfgrass systems arc excellent bio.filters that aid (lilt oltvJrolllllellL - In addition to being aesthetically i)h,asing and providing a safe and clean play surface, turfgrnsn has l)roven to · eD' effective In filtering potential coulaminnnN and pollutnnts In tim air, rain .r run.off, The mffgrass "filter" nchmlly ncC,to protect ground or uurface waters from polluthm.'.." The I,redomlnant ~ndt,ns hy nnfllil,le Independent university researchera have shown that ve~ litlle ~ gt. nernlly IHHch I~s limn I I)erce.t ~ uf Ih(. peslichles npplle(I to tuff z(me i. lenchMe. What's lllore, the scieulific evidence clearly ~ dunmnMrales IJlat even these SIIlBJJ reduced. ()r virtually elimhmled. IW n[ Ih('se pr,tilt'es ll~e IlOJ OllJ] simple. effecliuu m,I eom e~eienl. For eXllUll)le. Ihe nplllicalJon imslichh's ah(mid I)~ lhned to nv(fid irril~atmn shuuhl I)e schmluled Io mu'ri the peslicides i.lo Ihe turf. AI)pl~h~i peMi(:ides dm'hill cooler, emmet Imrls early evening-- minhuizes pesticide h)ss duc h) evnporlllhm. (Inly n~ct'led arena ShOllJd be [rellJl~d. lllld IJle iqq}lic~timl slmuhl be iilllilelJ hi [Jig Iht' lathered pest. Suil [)'pc. IJ~ilIII[U Jind I)[hgr v~rJllJ~l~j sJlollJd coDsJ(Jt?red W}lell selcctil~g pesticides · nn(I (letermhflng application methods nmi liming. JI~S[ inlere~L to pr,lee[ science nad fact. Tho filet ts that [OI~I(H'FOW'8 golf courses will Im more envlromuenlaliy ~rien(lly than Ih.se ~,Imrnting today. In mlditi~m, oew chemlslries that are applied ()l~(yll atl(l ~ milch lower rates. Yttslerday's CllllCerllS Cflllll(l( applied Io LJle golf courses oftulnorrt)w. )*r the Im*tih~te of }'ood a,d Ag~{cullurol Schmccs dl the/.'orl Ixmdrrda~ mt,/Ed.carlo. Ce,ter. llonitu l'ropeHies, which a seekinff ~e ap),rot,M to buikt ~og o,urscs e~t of Intent.re 75, fom, nrded thh essn~ to Dail~ News."1~e d~lOl~ and I)r. C~ar say he L~ not n cons.ltnnl to BO~l/lr~ Alfidavit of Nap[e~ Oaiky Neus PO BOX &1301~ NAPLES FL 34101-3016 REFERENCE: 001230 57~17~1 ql-102/PUO-~9*05 State of FLorida County Of Collier PUBLZSNED 0~: 05/23 AD SPACE: 17/,.000 INCH I" ] LEO Off: S~rn to a~ Subscrib~ be ore me tht~ Pe~s~LLy k~ by me ~ ~ ~ . h 1 T ON~ON~4C~R NOT O~ INTENT COUNfY FLORIDA FA~ ! OF PA~ES ~ THIS COVER) NAPLES DAILY NEWS ELLIE HOFFMAN L:,~O~ ~;0: (;41) May 13, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-99~05 Dear Pam: Please advertise the above referenced notice one time on Sunday, May 23, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 915846 May 13, 1999 Mr. Alan D. Reynolds, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition PUD-99-05 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 8, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 23, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure May 13, 1999 Long Bay Partners, LLC 3451 Bonita Bay Blvd. Bonita Springs, FL 34134 Re: Notice of Public Hearing to Consider Petition PUD-99-05 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 8, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 23, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 3451 Bonl~~ Pc, r,~a Springs~ ~ 34134 Hearing before: ~ ~ ~ BCC~ ~/ BSA ~ ..../ Other ~ ~r legally required ~ ~ ~ ...... ' PrO~a~ Text: (Include legal description A co~n locatio~ & .lze;: ~D-.9-051 Alan RurdliF~flcultural, wtth "ST" overiay~_an~-"PuD" P~anned'Uni[ ~velo~eht (p~abel ~Dra~ Livt~ston Road Countr~ Club ~UDI ~c. "PUD" ~o be known as Med,%errs ~D for a ~x~mum of 350 ~nqle dwelling unitst go~f course ar,d a vt~._~ 60tO00 square feet cor, ta~n~ ~es Pet~~ I~Iu~e ,~'~ert~sinq Cos~?~Ye~ /~ No / / If yes, '~hat accour,t should be charged D1STRIBUT [~ : NSTRUCTI~IS . a~ova~~ot. lubmtttin~ to County Manager. N~E: ~f;X.~il',;~u~nt ts r' necels~"~"l~i~'reviewr ,>r request for same~ la su~itt~ to ~nt' before County ~nager. The Manager's O[fice wtl~ distribute ~ptes: . / / County Manager agenda file; / / Requesting Division; / NOTICE OF iNTENT TO CONSIDER ORDINANCE Notice is hereby given that on TU~$DA__~YJUNE 8, .~99~ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Nap]es, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. 'the title o£ the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 851112; BY CH~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE WITH "ST" OVERLAYS AND "PUD" PLA~NNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT (DYNABEL AND LIVINGSTON ROAD GOLF AND COUNTRY CLUB) TO BE KNOWN AS MEDITERRA PUD FOR A MAXIMUM OF 750 SINGLE AND MULTI-FAMILY DWELLING UNITS, GOLF COURSE A_ND A VILLAGE CENTER OF 60,000 SQUARE FEET CONTAINING GOLF COURSE RELATED LAND USES, PUBLIC ADMINISTRATION FACILITIES AND A GENERAL STORE; PROVIDING FOR THE REPEAL OF ORDINanCES :~UMBERED 90-49 AND 92-31, THE FORMER LIVINGSTON ROAD COUNTRY CLUB PUD (PUD-89-29[1]) ; PROVIDING FOR THE REPEAL OF ORDINanCE NUMBER 93~21, THE FORMER DYNABEL PUD {PUD 90-26) ; FOR PROPERTY LOCATED WEST OF 1-75 ALONG THE LIVINGSTON ROAD EAST/WEST CORRIDOR IN SECTIONS 11 ~JD 12, TOWNSHIP 48 SOUTH, RA/~GE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 943+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-99-05, Alan D. Reynolds, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Long Bay Partners, LLC, requesting a rezone from "A" Rural Agriculture, with "ST" overlay, and "PUD", Planned Unit Development (Dynabel PUD and Livingston Road Country Club PUD) to "PUD" to be known as Mediterra PUD. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator 9rior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman~ a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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, wh~.ch record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COb-NTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ( )RDINANC}! NO. ')9- ..\N ()I~,I)INAN{_'}! ..\Mi'~NI)ING ()RF)INANCI! NiJMBt!R 91-1112 Ttlli ('OI.LII£R UOkrNTY t. AND I.)I';VF, I.OPMF~NT COl)l! \VIII('It IN('t.I;I)ES Till:. C(3MPREItF. NSI\;I! Z()XIN(; RI!(itlI.ATI()N:'q F()R I'}tE tiNINCORI~ORATI~D ,,\Rt(A ('()I.I.II{R COLiNTY. FI.OI*,IDA BY AMI'iNI)INfi III1( ()[:FI('IAI. ZONIN(; AT1.AS MAP NI.!MBER 851112: ('II..\N(iINt; Till:. Z()NINt; CI.ASSIFI('ATIDN ()F fill( t lIiRI!IN I'~t..SCRIBt.iD RI:.AI. I'ROPI~RT'~' FROM "A" I,~ :\(iRl('l :I.'I't!RI! WITII "ST" OVF. I*.I.AYS AND "l'l I'I,\XNI:I) t*XlT I)I(\'I,.I.(.)I'MI!NT T()"l'lll)" I'I,ANNItl) t;Xl'l' I)F.\"I~I.OILMI!NT IDYNAIlF. I. AND I.I\:INtiSTi)X R()AI) {;()I.F AND {.'()[iNTRY ('I.[iB)T() BE KN()\VN ,.\,~ Mltl)I'I'IiRRA I'1, ii) FOR A MAXIMUM OF 750 SIN(il.l:. Nl[ :I.TI-I:.,\MII.Y I')\VtiI.I.INf; \;NITS. G(.)I.F ('()[Jl~,Sli ANI) :\ VII.I.A(iI! ('I!NTIiR ()F (,Il. It(Ill 5()[I,,\~{['~ I:I'~FJI' CONT.,\ININ~.i (i()I.F ('()[[RSF. RItI.ATI~I) I.ANI) I. ISL:$,. I'tq~l.l{' AI)MINISTI*.ATION F:\('II.ITII!S AND A (;I~NI:.II,.\I. ,'q'l'(lRl:: I~I*.()VII)IN(i I:()R TIlE Rtilq:.Al. OF ()l,tl)l,"q.,\,',.('l!,".i NI !,MIIliI/I:.D 'till-,,.19 ,,\NI) 92-31. Till:. I:ORMI~I,[ I.l\'lX(iS RI)Al) ('O1 ;N'IRY ('I.IJIt Pt'd) ii'LiD 89-2911 ]); lq~,()VllllXti t,()R '['llli RI!I)F~:\I. ()F ()RI)INAN('Ii NIIMBF. I{ 03-21. \lie FORMER I)'fNABI!I. Pt!I) (PUD ~)1)-26); FOR PROPI!ICI"( t.(.}('ATI'~I) \V1LWI' ()F 1-75 AI.¢)N(i 'l'lll! I.I\"IN(iWI'()N I(,.\WI \VI!ST ('{)RRII)OR IN SIi("I'IONS II AND 12. 'I()\\'N511II' 48 SOI:Ttl. R,-\N(il'~ 25 E,,\ST. ('()I.IIt!R ('(}t'N'IY. FI.()RII):\. ('()NSIS'I'ING OF ~)43! A('Rt!5;: .,\NI) Il",' I'R()VIDIN(; .,\N I!FFIX'TIVI! DA'I'I!. \VI II(RI!AS...\lan I). Reynolds. :\I('fL c,t' Wilson, Miller. [lartcm aim I'cck. Inc. rcprcscming long Ilav l'artncrs. 1.1.( '. pctilioncd thc tMard .f('~tlnlv ('~llllllissi~lllCl'S h~ t'll;lll~c thc zoning classificatiml oflhc herein described re:il property; NOW. TI IItRI~F()RI'] Ill( IT ORI)AINItl) by thc ltoilrd ol'('~lllllV ('Ollllllisstollcls ('.llicr ('mtmx. SE('TI()N Thc zoning classificaliml o1' Iht hcrcin described ri'al properly I.c;llcd in ~cclitms I I 12. 'l'o~nshil~ ~8 Soulh. Range 25 Easl. ('oilier Cmmly. Florida, is ch;raged l'nm~ "A" Rur;d Agricullurc ~ilh X'l .vcrlav and "l~t'l)" PI;tuned t;nil I)cvclopmcnt m 'TI q)" l'lalmcd [ l)cvclopmcnt m ;iccordancc x~ ith thc Mcdilcrra PI 'I) I)ocumcnl. all;~chcd hereto ;is ltxhflm ;md incorpt~r;~Icd b~ roiL'ronco hcrcm, Ibc ()l'lici;d Z~mill~ All;ts Map Number S51 112, described ill ()rdm;mc'c Xuml~c~ 'il-ltl2. lJlL' ('tdlicr ('OtllllV J illld l)cx ch~l~tncnl ('t~dc, is hc~cbx arncIldcd :tccordingl.,.. SF. CTION I'WO: Ordin;mccs Numbered 9(~-49 and 92-31. as ,m~cndctl, known as Iht I,ivm~shm Road ('otmtrv ('hlb Pt ;I) (Iq 'D 89-211 111. ;klopted on .lune (~, 199f)anti May 12, 19~2. rcspcclivcl thc Iloard .1'( 'OtllllX ('t~lllllliSSiOllCrS of ('oilier ('ounty. arc hereby repealed ill Ihclr Clllir'cl', I)ASSI~I) ..\XI) I)t ;[,Y AI)()PTIq) hv Ibc Board ot'('ounlv ('ommissimlcrs o1'( 'ullicr ('oumx. Florida, Ibis day {*t' . 1999. BOARD OF COUNTY COMM IhSlf)NI{R% ('O1,1 ,IER COt IN'FY. FI ,ORIDA ,.VI'TI!ST: 115': PAMI{I.,,\ S. MA("KIF.. ('hairwom;u~ ,.\pprovctl as Io Form and Legal Sufficiency Assistant ('otlllly Allorncy -2- MEDITERRA A pLANNED UNIT DEVELOPMENT PREPARED FOR LONG BAY PARTNERS, LLC FEBRUARY, 1999 MEDITERRA A PLANNED UNIT DEVELOPMENT Approximately 943+ Acres Sections I1 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane. Suite 200 Naples, Florida 34105 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 2/17/99 TABI,E OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I GENERAL DESCRIPTION I-I SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV VILLAGE CENTER 4-1 SECTION V RECP,.EATION and OPEN SPACE DISTRJCT 5-I SECTION VI PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS ,~-I EXHIBIT A LOCATION MAP EXHIBIT B MEDITERRA MASTER PLAN (WilsonMiller File No. D-2934-54) STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Long Bay Partners. I.[.C, hereinafter referred to as LBP. to create a Planned Unit Development (PUD) on 943+ acres or' I,'md located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County., Florida. The name of this Planned Unit Development shall be Mediterra. The development of Mediterra will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Grov~ Management Plan. ]'he development will be consistent with the grox~d~ policies ,'md land development regulations adopted thereunder of the Growth Management Plan Future I.and Use Element and other applicable regulations for thc following reasons: The subject property is within thc Urban blixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of thc Urban Mixed Use Residential District is to accommodate the majority of population grow'th in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The proposed residential density for the Collier County portion of Mediterva is 0.8 units per acre, which is less than the maximum density permitted by the FI.UE Density Rating System and is theretbre consistent with FLUE Policy 5.1. 'I'he entire subject property qualifies for a base density of four units per acre. Mediterra is compatible with and complementary to existing ,'md future surrounding land uses as required in Policy 5.4 of the FI. UE. Improvements are planned to be in substantial compliancc with applicable land development regulations as set forth in Objective 3 of the FLUF.. The development of Mediterra will result in an efficient and economical extension of community facilities and services as required in Policies 3.I.H and L of the FLUE. Mediterra is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier Count), Land Development Code (LDC) Planned Unit Development District. SItORT TITLE ]'his ordinance shall be known and cited as the "MEDITERRA N.ANNED T, INIq' DEVELOPMENT ORDINANCE . SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSItlP, AND GENERAl, DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Mediterra, and to describe the existing condition of thc property proposed to be developed. Meditcrra is located within Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier Count,','. 1.2 LEGAL DESCRIPTION The north half(N¼) of the west half(WV:) of the west half(WV,) of Section I I, Township 48 South, Range 25 -East, Collier County, Florida Containing 80.57 acres more or less. and:, North i/: of.the north ¼ ofthe northwest ¼ of the southwest 'A of Section I 1, Township 48 South, Range 25 East, Collier County, Florida Conta/ning 10.09 acres more or less. and: North V, of thc south '/2 of the northwest ¼ of the southwest 'A of Section I 1, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; The south '/2 of thc north V2 of the northwest % of the southwest '/, of Section 1 I, Township 48 South, Range 25 -East, Collier County, Florida. Containing 10.09 acres more or less. and; The south ¼ of the south ¼ of the northwest ¼ of the southwest 'A of Section I 1, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees aad adjacent property owllers. Containing 10.09 acres more or less. and; The Southeast ¼ of the Southwest ¼, less the South 30 feet thereof, of Section 11. Township 48 South, Range 25 East. Collier County, Florida. and; I-2 'l'hc Southeast '/4 of thc Northwest 'A; The South,vest ;4 of thc Northeast i/,; Thc Northwest IA of thc Southeast V4; and the Northeast ¼ of thc So~thwcst 'A: [.ess thc V: of the Southwest ¼ of the Northeast ¼ of the Southwest 'A of Section I1, Township South, Range 25 East, Collier County, Florida Containing 195 acres more or less. and; The North V: of thc Southwest '/4. of the Northeast V4 of the Southwe.~t ¼ of Section I 1. Township 48 South, Range 25 Fast. Collier County, Florida Containing 5 acres more or less. and; The Northeast ¼ of thc Northwest ¼ ,and the Northwest '/, of thc Northeast V, of Section l 1, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and; A parcel of land located in Sections 1 I, 12 and 13, Township 48 South, Range 25 1.:~'~:. Collier County, Florida, being more particularly described as follows: Beginning at the southeast comer of the southwest ¼ of Section 12, Township 48 South. Range 25 East, Collier County Florida; thence run North 00o52'07" West along thc east line of said southwest 'A of Section I2. for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07'' West along the east line of the southeast V, of the northwest ¼ ofsaid Section 12, for a distance of 1316.77 feet to the northeast comer of the southeast ¼ of the northwest ¼ ofsaid Section 12; thence run South 88o54'06" West along the south line of the southeast ¼ of thc northeast 'A of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest comer of the southeast ¼ of the northeast ¼ of the northwest tA of said Section 12; thence mn North 00o50'22" West along the west line of the southeast 7, of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 658.71 feet to the northwest comer of the southeast 'A of the northeast ¼ ofthe northwest ¼ of,said Section 12; thence run North 88o55'45" Fast along the north line of the southeast ¼ of thc northeast ¼ of the northwest ¼ of said Section 12. for a distance of 661.95 feet to the northeast comer of the southeast ¼ of the northeast '/4 of thc northwest ¼ of said Section 12; thence run North 00052'07'' West along the east line of the northwest ~A of said Section 12, for a distance of 658.39 feet to the northeast comer of the northwest '/, of said Section 12; thence run South 88o57'20" West along the north line of the northwest V, of.said Section 12, for a distance of 2646.45 feet to the northwest comer of the northwest V~ of.said Section 12; thence run South 00°45'07'' East along the west line of the northwest '/4 of said Section 12, for a distance of 1319.36 feet to the northeast comer of the southeast ¼ of the northeast ¼ of Section I 1, Township 48 South, Range 25 East: thence run South 88°5.1'42.. West along thc north line of thc sm~thcast lq tq'thc northeast '/, of :said Section I I. for a distance of 1325.03 feet to tile northwest corner of tim southeast ¼ of thc northeast 'A of said Section I I; thence run South 00°45'23" l~ast along thc ,,,,'cst line of the southc:tst '.q of the northca.st of said Section 11. for a distance of 1320.39 feet to thc southwest comer of the southeast ¼ of thc northeast 'A of said Section 1 I; thence run South 0°45'04'' East along the ,,vest line of the northeast V, of the southeast of said Section 1 I, for a distance of 1321.73 feet to tile southwest con~cr of the northeast 'A of the southeast 'A of said Section 11; thence run South 88o46'37" West along the north line of thc southwest V, of thc southcasl 5q of said Section 11, for a distance of 1325.33 feet to the northwest corner of the southu, cst V, of thc southeast % of said Section 11: thence run South 00°45'39'' East along thc west linc of thc southwest 'A of thc southeast V, of said Section 11. for a distance of 1323.80 feet to the southwest cc, mcr of thc southeast ~A of said Section I 1; thence run North 88°41 '15" East along the south line of the southeast 'A of said Section I I. for a distance of 2650.25 feet to the northwest comer of Section 13. Township 48 South, Range 25 East; thence mn South 00°43'28' East along the west line of the northwest ~/, of said Section 13, for a distance of 675.60 feet to the southwest comer of the northwest % of the northwest ¼ of the northwest ¼ of said Section 13; thence mn North 88°38' 13" F, ast along the south line of the northwest 'a of thc northwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet t,~ the southeast comer of thc northwest ¼ of the northwest ¼ of the northwest % of said Section 13: thence run North 00041'49'. West along the east line of the northwest V, of the northwest 'A of the northwest V, of said Section 13, for a distance of 675.07 feet to thc northeast comer of the northwest ¼ of the northwest ¼ of the northwest L'k of said Section 13: thence run North 88041'00" Fast along the south line ofthe southwest ', of Section I2. I'ownship 48 South, Range 25 East. for a distance of 1993.31 fccl to thc Point of Beginning. Less and excepting therefrom the Northwest V, of the Northwest '4 of the Northwest of said Section 13. Containing 472 acres more {)r less. and; The Northeast 'A of the Northeast ¼ of Section I1. Township 48 Smith. Range 25 East. Collier County, Florida. O.R. Book 2211. page 606 Containing 40 acres more or less. and; The North 7; of the North 7~ ofthe Southwest % of the Southwest V, of Section I I. Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and: 1-4 1.3 1.4 The South V~ of the North i/: of the Southwest 'A of the Southwest *,q of Section I I, Township 48 South. Range 25 East, Collier County, Florida Containing 10 acres more or less. and; The North V2 of the South V2 of the Southwest ~A of the Southwest % of Section l l, Township 48 South, Range 25 East, Collier County., Florida Containing I0 acres more or less. PROPERTY OWNERStlIP The subject property is currently under the equitable ownership of, or contract with LBP, or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. GENERAL DESCRIPTION OF PROPERTY mo Mediterra is an in-fill project to be developed on 1,435 acres located west of 1-75 in north Collier County and south Lee County. Approximately 943+ acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. The Collier County project site is located in Sections 11 and 12, Township 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The location of the site is shown on Exhibit "A". Co The zoning classification of the subject property at the time of PUl) application is Agricultural with ST overlay and PUD. Elevations within the site vary from approximately 11 to 14 feet-NGVD. The project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191D, and 0195D, dated June 3, 1986). According to the Collier County Soil Survey prepared by NRCS, 14 soil units are present on the project site. These units, all of which are common to Collier County and southwest Florida, include the following: Malabar fine sand; Riviera-limestone substratum/Copeland fine sand; lmmokalee fine sand; Hallandale fine sand; Pineda fine md-limestone substratum; Basinger fine sand; Riviera fine sand-limestone subsu'atum; Boca fine sand; Boca/Riviera-limestone substraturrffCopeland fine sand, depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite fine sand; Urban land-Satellite complex; and Hallandale/Boca fine sand. I-5 Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy, pine llatwoods ,Mth grmninoid subcanopy, cypress-pine-cabbage palm. melaleuca, fallow agricultural land, and other open agricultural lands. F. xotic vegetation (i.t'., Bnu,.ilian tyepper and melaleuca) has invaded most habitat types. '['he levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the wet prairies, pine fla~voods, pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and VIA_ICCS map is included. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier Count>' Drainage Atlas (June 1998). !.5 I)EVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DRI status from the Florida Deparm'mnt of Commanity Affairs (DCA) determining that the project is not a DRI and will result in no regionally significant impacts. At the time the binding letter ,.vas received, the project ',,,'as known ms Toulon. 1.6 DENSITY Medlterra is to be developed on 1,435 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5. 1999, is 950 units. The gross pro.jeer density, therctbre, will bca maximum of 0.65 units per acre. Thc number or'dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. 2.1 2.2 2.3 SECTION I! PRO.IECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for Mediterm, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo Mediterrm a private golf course community, will include a range of single family and multi-family housing along with a Village Center, wirier will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. The Master Plan is iljustrated graphically on Exhibit "B" (WMB&P, Inc. File No. D-2934-54). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Mediterra shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by' context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Co Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers Contribution Agreement dated February 17, 1998, as amended, with respect to road impact fee credits and the vesting of Certificates of Public Facilities Adequacy. 2.4 2.5 D. Unless modified, waived or excepted by this PUD or by subsequent request, thc provisions of tither applicable sections of the Land l)cvclopmen~ Code remain in effect with respect to the development of the land which comprises this PUl). All conditions imposed herein are part of the regulations which govern the mariner in which the land ma',,' be developed. The Subdivisions Division of the LDC (Article 3, l)ivision 3.2~ shall apply to Mcditerra, except where ,an exemption is set forth herein or othcrxvisc granted pursuant to l,and Development Code Section 3.2.4. (5. The Site Development Plans Division of the LDC (Article 3. Division 3.3) shall appl> to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to I,and Development Code Section 3.3.4. tt. For purposes of the various impact lee ordinances, rcsidenti~ uses. other than the conventional single family detached dwellings, shall be classitied as either multi- family or condominium/townhouse in accord with definitions of the applicable impact fee ordinance. COI~IMUNITY DEVELOPMENT DISTRICT LBP may elect to establish a Community Development District (CD[)) to provide and maintain infrastructure and community facilities needed to serve the Project. Such a CDI) would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure ms would be constructed, managed and financed by such a CDD shall be subject to. ,and shall not be inconsistent with. the Collier County Growth Management Plan and all applicable ordinances de'ding ~Sth planning and permitting of Mediterra. The land area is amenable to infrastructure provision by a district that has the powers set lbrth in the ch,'mer of a Community Development [District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner t'or the timelv and sustained provision of quality infrastructure under the terms and conditions of County dcvclopment approval. ROADWAYS Standards for roads shall be in compliance with the applicable provisio~zs of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during I'relimimwy Subdivision Plat approval. LBP reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of thc LDC. LBP retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by [,BP on all privately owned and maintained project roadways. Roadways within Mediterra shall be designed ,and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: Street right-of-way width: The minimum right-of-way ~4dth to be utiliTsed for a local street within Mediterra shall be forty {40) feet. Intersection radii: Street intersections shall be provided with a minimum of a twen ,ty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Reverse Curves: Tangents shall not be required between reverse curves on any project streets. Cul-de-sac radius: The minimum right-of-way radius to bc utilized shall be fifty-five (55) feet. B. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: The Mediterra loop road shall be considered a minor collector street and shall have an eight feet (8') wide pathway on one side of the street that will meander in and out of the right ofway. Both project entrance streets shall require a sidewalk or bikcpath on one side of the street. All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the lbllowing conditions are ,satisfied: a) the right-of-way section shall include two ten foot (10') wide travel lanes, with two foot (2') mountable curbs, and b) the gross density of the cul-de-sac shall be less than two (2) units per ftc re. 2.6 LAKE A. SETBACK AND EXCAVATION An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Community Development and Environmental Services Administrator, equal substitutes to non-mountable (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. 2.7 2.8 2.9 [Jpon receipt o1' a development excavation permit, all lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however removal of lill and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation pemfit is issued. [:,xcavation lbr l,ivingston Road construction noah of hnmokalcc Road and off- site hauling of rock and flu materials shall be a permitted use within this PUl) subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and l:,nvironmcnml Services Administrator. I). Commercial excavation aad offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUl) subject to the receipt ora commercial excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. USE OF RIGItTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subjcx:t to review and administrative approval by I,BI' and the Collier County Development Services Director tbr engineering ,and safety considerations during the development review process and prior to any installations. MOl)EL iiONIES/SALES CENTEI~S/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, m~d other uses and structures related to the promotion ,and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of thc IA)C, with the exception that live (5) dry models shall be allowed within each development tract, and the temporary usc permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. CHANGES AND AMENDMENTS TO PUD DOCUMENT ()R I'Ui) MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of thc LDC. Minor changes and refinements as described herein may be made by IA,tP in connection with any type of development or permit application required by the LDC. Thc Community Dcw.'lopment anti Environmental Services Administrator shall be authorized to approve minor changes and refinements to tile Mcditerra Master Plan upon written request of LBI'. A. The lbllowing limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Gro~ Management Plan and the Mediterra PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the I,DC. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses. water management facilities, and conservation areas within or external to the PUD. B. ]'he following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely aflkcted or otherwise provided for. 3. Rcconfiguration of parcels when there is no encroachment into file conser,,'ation area. Do Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that md changes and refinements are otherwise in compliance with 'all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration tbr approval. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11) COMMON ARF. A MAINTENANCE Most common ~ca maintcnzmcc will be provided by a CI)I) or a Property (),.vncrs' Association. ,,\ CD1) is a legitimate alternative tbr the timely and sustained provision of quality common area infrastructure and maintenance under thc terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. ,,\ CI)I) or thc property owners' association. ,'ts applicable, shall be responsible for thc operation, maintenance, and management of thc surface water management systems and preserves serving Mcditcrra, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with an.,,' applicable permits from the South Florida Water M~magemcnt District. 2.11 LANDSCAPE iIUFFERS, BERMS, FENCES AND WALI,S Landscape buffers, berms, fences and walls are generally permitted as a principal usc throughout Meditewa. The lbllowing standards shall apply: A. Landscape berrns shall have the following maximum side sir)pcs: Grassed berms 3:1 Ground covered ben'ns 2:1 P, ip-Rap berms I:1 Structural ,,vailed bcnns - vertical Fence or wall maximum height: Ten feet (10'), a.s measured I?om the finished floor elevation of thc nearest residential structure within the development. If thc fence or -,,all is constructed on at landscape berm that is higher than the nearest residential structure, thc wall shall not exceed eight feet (8') in height f'rom thc top of berm elevation. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and t'~nvironmcntal Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mcditcrra PtJI) boundary. prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal right--of-way provided that shrubs ,'tre provided in the right-of-way purstmnt to ~¢ction 2.7 and may bc located five feet (5') from project perimeter. Fences zmd walls which arc an integral part of security and access control structures such as gate houses and control gates shall be subject to thc height limitations 02914-007.~) I .f~flM.22950 principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements approved by the Mediterra Design Review Team. Landscape berms located within the Mediterra PUD boundary ,and contiguous to a property line and/or right-ot'-way line may be constructed such that thc toe of slope is located on thc property line and/or right-of-way line. Internal recreational and community facilities do not require perimeter buffers, 2,12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/fanned or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construct/on plan or SDP. The following standards shall apply for all stockpiling on-site: 2.13 A. Stockpile maximum height: tbrty-five feet (45') Stockpile ma.ximum slide slopes: 2:1 Co Fill storage m'cas in excess of ten feet (I0') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to I (i.e. 3 to I). I). Soil erosion control shall be provided in accordance with I.I.)C Division 3.7. DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control. a.s set forth in the LDC, Section 2.2.20.2.3. Mediterra is plarmed as a private, functionally interrelated community under unified control. LBP has established commtmity-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and lhcilities such ms landscaping, hardscape, waterscapes. signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians, fences, walls, butTers, bcrms and other similar facilities. To further ensure that the Meditcrra design guidelines and st,'mdards are complied with. no SI)P or PSP may be submitted or approved v~4thout the Mediterra Design Review stamp of approval. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to corresvond with the planned development of thc property. 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENERAL PERMITI'ED USES Certain uses shall be considered general permitted uses throughout the Mcditcrra PUl) except in the Wetland Conservation Area. General pcrmiucd uses arc those uses which generally serve [,BP and residents of Mediterra and arc typically pan of the common infrastructure or arc considered community facilities. A. General Permitted Uses: 1'. Essential scrviccs as set forth under LDC, Section 2.6.9. I. 2. Water management facilities and related structures. 3, Temporar?' sewage treatment facilities. 4. Septic system ['or remote golf shelters l:akcs including lakes with bulkheads or other architectural or structural bank treatments. 6. (;uardhou~s, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. Temporary construction, sales, and administrative offices for LBP and I,BP's authorized contractors ,-md consultants, including necessary, access ways, parking areas and related uses. Landscape/hardscapc features including, but not limited to, landscape buffers, berms, fences, water features and wails subject to the standards set forth in Section 2.11 of this PUD. I0. [:ill storage, site tilling and grading are subject to the standards set forth Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. B. Development Stand,m-ds: Unless otherwise set forth in this document, the following development standards shall apply to structures: Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (I0') Minimum distance between structures which arc part of,'m architecturally unified grouping - Iive feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty-five feet (35'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. Sidewalks and bikepaths may occur within County required buffers. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 644 acres included in the preserve area, lakes, recreation, open space, golf and butter designations. These areas, in conjunction with 2-10 open space areas included within the Residential District. fully satisfy thc open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS 2.19 The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. SIGNAGE A. GENERAL All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set lbrth in this section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way ma>' be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency w/th thc requirements set forth herein. o Signs may be allowed in landscape buffers/e~ements with the approval of the Mediterra Design Review Team. BOUNDARY MARKERS 1. ()ne boundary marker or monument may be located at each property comer. The boundary marker may contain the name of the community. and the insignia or motto of the development. ]'he sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. Co I). Sign lhce area is calculated bv total square footage of name. insignia, and motto only. The setback for the signs from Livingston Road rights-of-way and an)' perimeter property line shall be 5 feet. PROJECT ENTRANCE SIGNS Three ground or wall-mounted entrance signs maybe located at on both sides of the entrance right-of-way and in the ento' median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. No sign face ama may exceed I00 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single. two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length ofthe wall or monument upon which it is located. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. unless thc wail or monument is constructed on a perimeter landscape berm. TEMt'ORARY SIGNS Temporao' signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. Each sign ma)' not exceed 160 square feet in area. If the sign is two-sided, each sign lhce may not exceed 160 square feet in area. The setback for temporary signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build-out. .2. Special event signs not exceeding 32 square feet per side in size mav be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to an,,' property line. Such signs may be displayed on light poles. Grm'~d opening signs: LBP may display on-site ~.rand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs ;ks listed above. CONSTP,[JCTION ENTP, ANCE SIGNS 'l'~vo "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify thc entrance as such. No building permit is required. [NTF. RNAI. SIGNS Residential and com~nunity facilities entrance signs may bc located on both sides of the neighborhood entrance street and within thc entry median. Setbacks from internal road right-ol:way may bc zero feet Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of I00 square feet per sign lhce area. Such signs may have a maximum height of 12 feet. No building permit is required. Directional or identification signs ~nay be allowed internal to thc subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs ma,',' be a maximum of 6 square l'cet per side or signs maintaining a common architectural theme may bc combined to fom~ a menu board with a maximum size of 64 square feet per side and a maximum height oi'8 feet. I.,BP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #". crc, No building permit is required. ~'.., LJ w,' 2-13 TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 3.1 3.2 3.3 3.4 PURPOSE SECTION III RESll)ENTIAL I)ISI'RICT The purpose of this Section is to identi~ permitted uses and development standards lbr areas within Mediterra designated on the Master Plan as "R." MAXIMUM I)WELLING UNITS The number ofdwclling units authorized to be built pursmxnt to the I)CA's binding letter. dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. GENERAl., DESCRIPTION Arcas designated as "R" on the Master Plan are designed to accommodate a lhll range of residential dwelling types, compatible non-residential uses, a filll range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts vail be provided at the time of Site Development Plan or Preliminary.' Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respeclively. of thc LDC. Residential tracts are designed to accommodate internal roadwavs. spaces, recreational facilities and other similar uses ~bund in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or pact thereof, shall be erected, altered or usc& or land used. in whole or part. for other than the following: A. Principal (/scs: Single Family I)eutchcd Dwellings Single Family Patio and Zero l,ot l,ine Dwellings Single Family Attached Dwellings Multi-Family Dwellings Guest ttouscs 3.5 /\ny off,er principal use which is comparable in nature with the foregoing uses and which the Community Developmcm and t.:.nvironmcntal Services Administrator detem'fines to be compatible in thc "R" l)islrict. Accessory. IJses and Structures: Accessory uscs mid structures customarily associated with principal uses pcmfitted in this district including neighN~rhood community recreational facilities. Any other accessory use which is comparable in nature with the foregoing uses and which thc Community Development and Fmvironmcntal Services Administrator determines to be compatible in thc "R" District. DEVELOPMENT STANI)ARI)S Co Table I sets forth the development standards ~br land uses within thc 'R' Residential District. Site development stmldards lbr single family uses apply to individual residential lot boundaries. Multi-fanfily standards apply to platted parcel Ix~undasScs. Standards tbr parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Meditcrra design guidelines m~tt standards, arc to be in accordance with file LDC in effect at thc t/mc of ,Site l)evclopment Plan approval or PrcliminaO' SuMivision Nat approval. Unless otherwise indicated, required yards, heights, and floor area standiu'ds apply to principal structures. Development standards tbr uses not specitically .set lbrth in Table I shall be established during Site Development Plan Approval as set lbrth in Article 3. Division 3.3. of the Land Development Code in accordance with those standards of the :,xming district which is most similar to the proposed use. Required property development regulations may be approved that arc different than those set forth in Table [, subject to approval by the Collier County PI,arming Commission, in accordance with the criteria contained in Section 2.6.27.4.61 fl~rough 2.6.27.4.6.3 oF thc LDC. Common open space requirements are deemed satisfied pursuant to Section 2. l 7 of this PUD. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. 'll~c installation will be scheduled upon request ~d payment of fees by LBP, its successors and/or ~signs. The installation xvill be in accordance xvith the approved plans ired spccilications. current policies and procedures, mid perl'onned by LBI"s contractor. The contractor must be approved for the installation by thc Collier County Public Works Division. Fees will be determined in accordance with the applicable ordinance in effect at the time of the request for connections. 3-4 TABLE 1 MEDITERI~, DEVEI,OPMENT STANDARI)S FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMII.Y SINGIA:, FAMII.Y MULTI FAMILY DETACl tED I,OT t. INE DUPLEX & AITACI lED AND DWELI.INGS DUPLEX TOWNI lOUSE Minimum Lot Area 7,500 SF 5.000 SF 3,500 SF '4 3,000 gF NA Minimum Lot Width '5 75 50 35 30 [ NA Front Yard Setback (Principal and Accessory,) 20 20' 3 I ~d20' 3 12./20' 3 20 Front Yard for Side Entry Garage 12 IO I0 I0 12 Rear Yard Setback* I (Principal) I fl 10 I 0 I 0 . BI t Rear Yard Setback (Accessory) 5 5 5 5 10 Side Yard Setback 7.5 *6 0 or 7.5 0 or .5 Bl l .5 Blt Maximum Height *2 40 35 35 35 50 Floor Area Minimum {SF) 1800 SF 1600 SF 16OO SF 1200 SF I000 SF Distance Between Principal Structures 15 I 0 0 or 15 .5 SBIt .5 SBI l BH: Building tleight SBt___]I: (Sum of Building Ileights): Combined height of two adjacent building'~ for the pur!:x,~: of&tennining setback requirements All distanc:~ ave in feet unless otherwise noted Any ~rucmre more than two stories in height will maintain a 20 fi)or minimum building separation Guesl houses shall meet the applicable principal suuctorc setbacks Flag lot shall have no minimum lot width but will meet lot area mqulrerncnts Project walls shall be allowed within I foot of the fight-of-way llne. With aOla'~val from LBP, front yards shall be measured as follows: A. If the parcel ia ~rved by a public right.of-way, setback is measured fnn,n the adjacenl right-of-way lin. B. Iftbe parcel is served by a private mad. setback is measured from the back 0fcu~ (if curbed) or edge of pavement (il' not cured) * 1 - Setback from lake for a.H ao:essory uses may be O' providing arOfitectural bank h'eatment is incorporated into design and subNct It, 'a, ulten apptr, val frmn iBP Design Review Commiltec and Project Plan Review *2. Building height shall he th~ vertical distance measured lmm the fit~ habitable finished floor elevalion to thc uppermoqt finished ceiling elevalmn of the stmclure. °3 - Units with side entry, gat-age may have a 12' Ihmt yard setback. Units with frm'~t entry garage must have a minimum 20' front yard setback *4 - Eac..h hall"of a duplex unit requires a lot area allot-alton of 3,500 S.F. fo, a u~tal minimum lot ama of 7,0(gl S.F °5- Minimum Iol width may be reduced by 2~/° fi)r cul-de-sac lots pe~*vided minimum Iol ama requirement is still maintmv, cd. *6 - Z. cro feet (ff') or a minimum of five feet (5') tm either side: excr.4:~ that whe~ ~ zcru t~t (0') yard option is utilized, th~ opgosite s~ch: of the structut~ shall have · ~ fo~ {10') yard. Z~ro f,'~t {0~ ~ m~y be used on both sides ora struck, re pemeided that tt~: opponite ten fool (10~ yard is p~ovided. Patio,s. pools and screen enclosut'es may encroach into the I0' yard and may attach to the adjoining dwelling pro.,ided an ea.~ment is gr~nted flora the adjoining dwelling unil owner. 4-I 4.1 4.2 4.3 4.4 SECTION IV X II.LAGE CENTER PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "Village Center." MAXIMUM SQUARE FOOTAGE A maximum of 60,000 squarc fcct floor area, including clubhouse facilities, general store, education/enrichment center and recreational uses may be constructed on lands designated "Village Center." GENERAL DESCRIPTION The approximate acreage of the Village Center district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate intemal roadways, open spaces, lakes and water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereot~ shall be erected, altered or used, or land used. itl whole or part. lbr other than tile following: A. Permitted Principal Uses and Structures: I. Golf courses, golf clubhouses, and golf facilities. 2. General store with convenience goods and deli. 3. Tennis, health and titness, swimming and other recreational clubs. 4. Project information and sales centers. o Community and golf course maintenance arem% nlaintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plant& septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. Public administration facilities. 4-2 4.5 Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 8. Temporary construction access roads. Any other principal usc which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center district. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses pemfitted in this district. Customary accessory, uses include, but are not limited to, recreational facilities that serve ms an integral part of the permitted uses such ms pool, tennis facilities, parks, playgrounds and playfields. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village Center district. DEVELOPMENT STANDARI)S A. Minimum Yard Requirements: B. D. Front Yard: Principal Structure - Twenty feet (20') minimum tlr one-half the building height, whichever is greater. Accessory structure - Ten feet (I0'). Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet (5'). Rear Yard: Principal Structure - Twenty feet (20'). ,,\ccessorv structure - Five t'cet (5'). Setback l¥om a lake for all principal and accessory' uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Fifty feet (50'), except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65'). Minimum distance between all other principal structures - Fifteen feet (15'). Minimum distance between all other accessory structures - Ten feet (10'). 4-3 G. H. I. Minimum iloor area -Ncmc required Minimum lot or parcel area - None required Minimum lot width - None required Parking for any and all uses and structures constructed in thc Village Center District: one (I) space per 200 square feet of building area. Standards for landscaping and other land uses where such st,'mdards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required y,'u'ds, heights, and lloor area standards apply to principal structures. 5.1 5.2 5.3 SEC~FION V RECREATION AND OPEN SPACE I)ISTRICT PURPOSE~ The p .uric., .i~,. of this Section is to identify permitted uses and development standards for areas wnnm Mediterra designated on the Master Plan as "R/O". GENERA~ DESCRIPTION Areas desi golf cours lands for c. PERMIT No buildi~ aated as "R/O" on the Master Plan are designed to accommodate a thll range of recreational, water management and open space uses, ms well ,as to provide mmunity-related ancillary uses and essential services. ~D USES AND STRUCTURES or structure, or part thereof, shall be erected, altered or u:.ed, or land or water used, in wh~le or in part, for other than the following: A. Pez~fitted Principal Uses and Structures 11 1. I Golf courses, golf clubhouses, and golf facilities. Tennis, health and fimess, swimming and other rccreati{,nal clubs. 3. Project inlbm~ation and sales centers. Community mid golf cma'se maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities ptm~ping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to. boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic ,areas, fitness trails and shelters. 7. Temporary construction access roads. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" District. 5-2 5.4 Co Permitted lists And Structures Within Archaeological Site Opens space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball courts, rest shelters, ,and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be left in its natural slate or will be landscaped. A certified archaeologist shall be r)rescnt on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines Io be compatible. Permitted Accessory Uses and Structures Accessory. uses and structures customarily associated ~Sth the principal uses permitted in this district. ° Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars. Retail establishments accessory to the permitted uses of the district such ,as, but not limited to, golf, tennis, and recreational related sales. Restaurants. cocktail lounges, and similar uses intended to serve the residents ol' Mediterra and their guests. 5. Telecommunications facilities. Any other accessory usc which is comparable m naturc with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" and Miscellaneous Open Space/Buffer District. I)EVELOPbl ENT STANDARDS Principal structures shall be set back a minimum often feet (10') fi'om "R_/O" district boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (V=) the height of the structure. Accessory structures shall set back a minimum of five feet (5') from "R/O" district boundaries and private roads, and twenty feet (20') l'rom all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which c~<se the setback shall be one half (V=) the height of the structure. 5-3 Co D. E. Lighting facilities shall be arranged in a manner which ,,viii protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures- Sixty-five feet (65'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (I 0'). F. Minimurn distance between all other principal structures - Fifteen feet Il 53. G. Minimum distance between all other accessory structures - Ten t'ect (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, excluding cart storage areas, which shall be considered inclusive of required golf course parking Ko Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or w/thin Mediterra design development standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards. heights, and floor area standards apply to principal structures. Golf course rest stations and secondary maintenance buildings svill be permitted to use septic tanks or holding tanks for waste disposal subject to pemfitting under Rule 10D-6 F.A.C., and may use potable and irrigation wells. 6.1 6.2 6.3 6.4 SECTION V! PRESERVATION AREA PURPOSE The purpose of this Section is to identify permitted uses and development stm~dards for the area within Mediterra designated on the Master Plan, as Preservation Area. GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land or water used, in whole or in pan, for other than the following: A. Pcmfittcd Principal Uses and Structures Boardwalks golf can paths and nature trails (elevated and at grade), and gazebos. Water managc~nent facilities. .3. Temporary construction access road. 4. Utility or roadway crossings. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in thc Preservation Area. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assigns, or the Mediterra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 7-1 SECTION VII (;ENERAL I)EVELOPMENT COMMITMENTS 7.1 PURPOSE A. The purpose of this Section is to set forth the general development commitmenks ot' LBP within Mediterra. 7.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone heating before the Board of County Commissioners, shall control and be applicable to development of the subject property. LBP, its successors and assigns shall be bound bv said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost or' a traffic signal at the main project entrance onto Livingston Road (North-South) when deemed warranted by Collier County. The signal shall be ovmed, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as mnended (herein "Agreement"), to address the design, right-of-way acquisition, permitting, and construction of Livingston Road from Immokalee Road to the Lee/Collier County Line. C. As depicted on the Master Plan, Exhibit "B", LBP has reserved, pursuant to the terms authorized in the Agreement, a 100 foot wide right-of-way along the eastern edge of the project for the construction of Livingston Road (North South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of thc project for l.ivingston Road (East-West). D. It is acknowledged that tile cost of construction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Notwithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessas)' auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 UTII, ITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinmlce 97-17, ms amended, except as may be provided in Section 2.4 of this Document. Upon completion of thc utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary, sewer system shall be customers of the Count)', except as may be provided in Section 2.4 of this document. D. For thc utilities to be owned by Collier County, the following will apply: Existing vegetation will be saved where possible. Therefore. the water and force mains will be meandered during construction to save vegetation. 'Fhe meander will be accomplished by deflecting the pipe or using fittings in accordance with the engineering technical specifications. I.andscaping and sidewalks will bc allowed within tile right-of-way/C.U.F., and over tile mains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the casement. For large vegetation and trees, root guards will be installed to prevent roots from coming in contact with the water and force mains. I.BP, its successors and assigns, will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by LBP within the easement area. l"'. 7.6 7.7 Water and lbrcc mains will bo allowed to be constructed under the pavemcnl at the cul de sacs. The water and force mains to be owned by Collier Count>' will be located within a 40' right-of-way for the multi-family parcels. Therefore, there will be 8 ft. from the back of the curb to the right--of-way. The water and force mains will be located 5 fi. ell'the back o f curb. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 Januao,', 1999 to address the design, permitting and construction of utilities along l,ivingston Road from Immokalee Road to the I,eWCollier County Linc. (;. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non-potable sources. lt. LBI' shall receive reimbursement of connection fees tbr the installation of potable water and irrigation water service connections to distribution mains during the construction of single family subdivision utilities (reference Section 3.5 F). These fees will be rebated to LBP annually based on meter installations. WATER MANAG EM ENT In accordance with the rules of the South Florida Water Management District, this project shall be designed for a stom~ event of a 3-day duration and 25-year return frequency. l'he applicant is allo,,¥cd to not provide 10 percent lim)ral zone planting within even' lake provided that com~n~m)~ littoral plantings are provided in other inlerconncctcd lakes within thc Project phase. 'Iht applicant will provide the required mini lim)ral zone plamings would be required fbr the Project. ENVIRONMENTAL t3. The Collier County 'ST' overlay ,,viii be eliminated. A conservation casement will be provided lbr the proposed preservation areas per Section 6.4. Based upon final SFWMD permitting there may be some minor adjustments to thc proposed prese~'ation areas. In order to avoid repetitive rcvicxv of environmental issties in subsequent stages of the Cocmty development approval process, upon approval of the Mediterra PUD Environmental Impact Statement (EIS) submitted in conjunction with the Application for Public Hearing for PUD Rezone, the requirement for obtaining approval of ,an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satistied for rill future activities which take place within the Mediterra PUD boundaries that require Cmmty pemfits for or County approval of development or 7-4 7.8 site alteration. It' the l'reservation Areas' boundaries significantly change, the County may require additional inFonnation or an EIS supplement. (.]. Collier County shall deter environmental permitting regarding wetlands, wetland impacts ~d wetland mitigation to the SFWMD. I.BP shall coordinate with ired copy Collier Count.,,' on approved permits. l.ocation of gopher tortoise burrows ,'md gopher tortoise relocation area(s) shall be indicated on the site development pl~s. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. All conservation areas shall be recorded as conservation/preservation tracts or casements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation are~ inch,ding those that are recorded on a plat shall be dedicated to I.F',P, their successor or assign, or the Mediterra CDD for the responsibility of the control and mnintenance of lands within the Preservation Area. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, v.'ith emphasis on the preservation areas, shall be submitted to Current Planning Environmental Staff tbr review and approval prior to finnl site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. Petitioner shall co~nply with all pem~it conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected v,'ildli fe species. I'he Presen'ation Areas incorporate wetlands as well as buffers including t,pland :md structural butters. The Project will be consistent v,'ith SFWMD criteria including anv wetland bt, f feting reqt,irements. For these reasons, no additional buffering contiguot,s to the Preservation Areas ',,,,ill be required. DEDICATIONS All dedications of property of lhcilities tbr a public purpose, whether by easement or deed. may at I.P,P's option, contain a condition limiting the usc to said public purpose. In addition, said dedication, at LBP's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between I.BP and the grantee al the time of dedication. it being the intent of the grantee to }lave sufficient time to commence tile use of tile dedication. SECTION VIII CROSS JtJRISDICTIONAL PROVISIONS 8.1 8.2 8.3 8.4 8.5 PURPOSE The purpose of this section is to address and resolve potential inter-jurisdictional issues related to Mc&terra PUD resulting from its location in both Collier ,and Lee Counties, pursuant to meetings and coordination between staff of both Counties. ADDRESSING As stated in Exhibit C - Letter dated February 19, 1998 from United States Postal Service Postmaster C. M. Kigin, the main entrance for Me&terra is located within Collier County and thcretbre the entire project will be delivered by the Naples Post Office. As to streets and roadways within Mediterra PUD that cross the boundary between Lee and Collier Counties. LBP shall select the names of internal roadways and determine in both counties that the name selected for each roadway is available and reserved in each county for the roadway before requesting either county to assign street addresses or numbers to lots or parcels located on such internal roadways. Collier County and Lee County representatives have agreed to work cooperatively to ensure the assignment of consistent street names and addressing on all internal roads crossing the Count,,' boundao'. EMERGENCY MANAGF. MENT SERVICES Fire suppression, law enforcement and emergency medical services shall be the responsibility of the county entity or service provider having jurisdiction over particular parcel or tot. UTILITIES ]'he plans lbr utilities serving Mediterra PUD will be submitted tbr review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. DEVELOPMENT REVIEW PROCESS The Development Review Process will be performed in accordance with the Collier County. Lm~d Development Code and the l.ee County Development Standards Ordinance. For 8-2 subdivision improvements and/or golf course that are located within both counties, the following will apply: For the portion of the subdivision improvements and/or golf course located within Collier County, the development plans ,and plats will be submitted to Collier County for review a~d approval. Likewise, for the portion ofthe same subdivision improvements and/or golf course located within Lee County, the development plans and plats will be submitted to Lee County for review and approval. B. All applications for review and approval of plans and permits for portions of Mediterra PUD located in one county, will be submitted to that County only, unless approval has been received from the Development Services Director from Collier County or the Development Review Director from Lee County to ,assign to thc other County the authority and sole responsibility for the review and approval process_for that portion of the Mediterra PUD. Approval of subdivision improvements and/or golf course improvements within the jurisdiction ofone County will not be contingent upon the review and approval of the County not having jurisdiction over the improvements. 8.6 PLA'VHNG Individual residential lots shall be planned so that they are located in one count,',' or the other. B. Plats tbr Mediterra PUD shall be approved and recorded by each County lbr land located within its jurisdiction. Building permits for lots in one county within a platted subdivision severed by thc county boundary shall not be issued by that county until the remaining portion of the subdivision located in the other county has been approved and recorded in accordance with the county subdivision plat ordinance and land development code. ORDINANCF. NO. 99- 41 AN ()P,I)INAN('f! AM ENDING ORDINANCE NUM BF.R 91-1(12 TItF. ('OI.LIEP, COUNTY I.AND DEVELOPMENT CODE \Vltl('ll IN('I.UI)ES TIlE ('OMPREltENSIV[i ZONING RI!GUt. ATIONY, FOR TIIE UNINCORPORATI~I) AI{I".A ()F ('OI.I.II'iR ('OUNTY. FI.ORIDA BY AMENDIN(; Till{ ()FFI('IAI. ZONING ATI.AS MAP NUMBF. R gfilll2; ('IIAN(;ING TIIF. ZONING CLASSIFICATION OF TIlE I II!RF. IN I)I:'S('RIBED RF. AI. PROPERTY FROM "A" P, UP,:\I. ,,\GRI('I. JI.TURE WITII "ST" OVERt. AYS AND Pt.ANNI!I) tTNIT I)I:.VI'iLOI~M ENT (I)YNABI'~I. AND I.I\:IN(;STON RO,\I) GOI,F ANI) COUNTRY ('I,UII)'1'() "PUl)" PI.ANNL;D (;NI'F DEVELOPMENT TO 13E KNOWN AS MI!I)IT[~RRA PUl) FOR A MAXIMUM OF ?50 SINGI_E ANI) Mt;I.TI-FAMII,Y I)WI'~I,I.ING UNFFS, GOLF COURSE AND ,,\ VII.I.,,\(.;[! CI'~NTER OF 60.Olio SQUARE FEE'F CONTAINING (;()I.F ('()l II{SI! RI!I.A'['Iil) I,A NI) USI!.g, .'\DMINISTRATION FACII,I'I'IES AND A GENERAl, ST()RI~: FOR PROPERTY I,OCATF, D \\"EST OF 1-75 ALONG TItF. I,I\"INGSTON ROAD F. AST/\VEST CORRIDOR IN SI!(*TIONS 11 AND 12. TOWNSIIIP 48 SOUTII, RANGE 25 EAST. ('OI.I.IF, R ('OIJNTY. FI.ORIDA. CONSISTING OF 943z A('RI~S; BY PROVII)ING FOR TIlE REPI!AI~ OF ORDINANCES NUMBERED 90-49 AND 92-31, TIlE FORMEP, DYNABEL PUl3 AND TItE FORMER LIVINGSTON ROAD ('OL;NTRY CI.IJB PUl); AND BY PROVIDING AN [!FFI!('TIVI! DATF.. ',A"ItEREAS...\bm l). Rcytmlds. AI('P, ~q'\Vilson. Miller, Barlon and Peck. Inc.. representing I.ong Bav P:tnncrs. I.l.('. petitioned Iht Board ofC'ountv ('ommiss,mers to change thc zoning classilicati{m ol'lhc herein described real properly; NOW. TI IERI~FORI': BE IT OI{I)AINEI) by the Board of Counly ('ommissioners of Collier Counly. l:h~rida: SIK'TION ()NIL: The zoning classification of thc hereto described real property Iocaled m Sections I I and 12, Township 4S South. Range 25 I~asl. ('oilier ('ounly, Florida, is changed From "A" Rural Agriculture with ST overlay and "PL'I)" Phmncd Unit Development to "IKJD' Phmncd Unit I)evclopment in accordance with Ibc Mcditcrra PUl) Document, attached hereto as Exlfibil "A" and incoqmratcd by relkrcnce hereto. The Official Zoning Atlas Map Number g51 I 12, as described in Ordinance Number gl-11}2.11~c ('oilier County Land Development ('ode, is hereby amended accordingly. -1- S F. CTION TWO: Ordinances Numbered 90-49 and 92-31. as amended, known as tile Dynahcl PUD and Livingston Road Country Club PUD. adopled on June 6, 1990 and May 12, 1992, resp¢cliv¢ly. by tile Board of County Commissioners off'oilier County, arc hereby repealed in tl~cir entirety. PASSED AND DULY ADOPTED by file Board of County Commissioners of Collier Courtly, Florida, fllis ,,J"~';' ATTEST: / /' ~,t~e~t ~: to Ch~tr-,~t~' Approvcd as Io Form and Legal Sufficicncy ___day o f .~.~_,~.. , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Assistant County Attorney -2- MEDITEI/RA A PLANNEI) [INIT I)EVELOPMENT /Xpproximatcly 943z Acres Sections 11 and 12 Township 48 South, P, angc 25 East Collier County, Florida I'RI'~tb\P,I']D FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard. Suite 202 Bonito Springs. FI, 34134 P RI'~PAI~,F.I) FlY: \VilsonMillcr. Inc. 3200 Bailey Lane. Suite 200 Naplcs. Florida 34105 liXt IIBIT A I)ATF~ FILt';I) I)A'FE API)ROVF, D BY CCPC DATE APPROVED BY BCC ORDINANCI': NUMBER 2/17/O9 5/20/99 12B TABIA'; ()F CONTENTS STA'I'I:.MI':NT ()F C()MPI.IANCt'~ ANI) SI tORT TFI'i.F, St':CTI()N I SI(('TI()N II SI~CI'ION III SF.C'I'ION IV SECTION V S[.:,CTION VI SF. CTION VII SF. CTION VIII F, XHIB1T A EXIIIBIT B EXI tIBIT C EXHIBIT D Cd'~N I':R.,\ 1, I)}:SCRIPTI()N I'R().II:,('T RI!SIDI!NTIA[, I)ISTRICT V II.I,AG [! C [":N T t(R RF, CRI'~ATION and OPEN SPACE DISTRICT I'RI':SF. RVI'~ [)ISTRICT (}I'~Nt!RAI, I)I'~VI'iI,OPM[':NT C()MMITMt':NI'S CROSS JURISDICTIONAl, PROVISIONS I,OCATION MAP MEDITERRA MASTER PI,AN (Collier County) (WilsonMillcr File No. D-2934-54) MF'.I)ITI'~IU~,A MAS'I'I!R PI,AN (Collier ('ountv and I,cc ('ounty) (WilsonMillcr t:ilc No. I)-2934-66) MI';I)I'I'F, RRA RIGI IT-OF-WAY TYPICAl, SI!("I'I()NN ii I-1 2-1 3-1 4-1 5-1 6- I 7-I 8-1 STAI'iS,N! ENT ()F COMI'I.IANCI,; 128 Thc purpose o1' this section is io express thc intent of l.ong Bay I:at'tncrs. 1,1.('. hcrcinal~cr rclL'rrcd to as I.ltP. to create a Planned Unit l)cvclopment {Pill)) on {)43-> acres of land located in Ncctions 11 and 12. 'l'ox~q~ship 48 Smith. Range 25 l~ast. Collier County. I"lorida. Thc name of this l~lanncd [Init Development shall be Mcditcrra. l'hc development of Mcdi~crra will bc in compli:mcc xxith thc planning goals and nt!icctivcs o1' ('oilier ('OtllltV ils SCl limh in linc th'owlh NlLu/iJgclllClll J;tan. Thc development will be consistcnl with t}~c groxxqh policies and land dcvclopmcm rcgulalions adoplcd lhcrcundcr ot' thc (ir{~xxlh Management Plan Future l.and t Isc l ilcmcnt and other applic,~hlc regulations l~r thc fi~lloxving reasons: 1.1 Thc sub. icct property ix within thc I. ;rban Mixed { isc l~.csidcntia] l)istrict z~s idcntilicd ,m thc Future l.and Ils:: Map as required Thc pu~osc ol'thc [;rban Mixed Usc Residential District is population growth in an area with relatively existing and planned public fi~cililics arc concentrated. Thc Growth Managcmcn! Plan qualifies tile sub. jeer property Ibr maximum dcnsit,, o1' Ibur units per acre. Thc proposed residential density for the Collier ('ountv portion o1' Mcdilcrra is 0.g units per acre. which ix lcs.s than thc maximum allox:'ablc ,.Icnsitv. and thcrcl'ore is consistent with and complies witl~ thc I:IAJF~ l)cnsity Rating i.3 Thc commercial uses within thc Village ('enter l)istric! ;.irc consistent with thc adt~plcd iLAR based amendments to thc I"IA.~IL but cannot bc developed until thc ordinance adopting thc [~,,%R based amendments addressing thc proposed Village ('enter c{muncrcial uses becomes cllL'ctivc. 1.4 Mcdilcrra ix compatible v, ith and complementary to cxistin~ and Ft:tt,'c sttrrounding land uses as required in Policy 5.4 oF thc 1.5 hnprovcrncnls arc planned to bc in COlnpliancc wilh applicable land dcvclopmcnl regulalions as Ecl forth itl (')b cctivc 3 o1' Iht FI.UI!. 1.6 Thc dcvclopmcm of Mcditcrra will result in an cl/]cicnt and economical c×tcnsion oF community I'acilitics and services ils required in Policies 3. I.I I and 1. oFthc I:1 .t il.~. 1.7 Mcdilcrra is a large scale I'uncli(mallv interrelated community, and is planned It) cllcotlragc ingenuity, innovali(~n and imagination as set IN~rth in thc Collier ('ountv l.and I)cx'clopmcnt Code (I.I)C)Planned [hill l)cvclopmcnt l)islricl. S! I()RT TITI.E lllis ordinance shall bc known ami cited as thc "MI:.I)ITI'~I?,I?,,.\ I'I,.,\NNI:,I) I!NIT I)I';VI-~I,OPM F, NT ORDIN/\NCI!". I-I ,%i';C'I'ION ! LE(;AL I)E.',;ClglPTIt)N, I'ROI'ERTY OWNERSlilI', ANI) (;ENERAI, I)E,',;Cigll'TION I.I I)ILJRI)OSE Thc purpose el' this section is to scl Ibrth thc legal description and oxvncrship ot' Mcditcrra. and to describe thc existing condition oFthc propc~y proposed to bc developed. Nlcdi~crra is located within l.cc and Collier Counties. however thc I'/ll)jurisdiction applies only thc property located in ('otlicr ('OtHltV. !.2 I,E(;AL I)i';SCI{ll'TI()N 'l'i~c north hall' (N'/.-) of thc west halt'(W;5) el' thc west hall'(\V½) oF .'.;co,ion I 1. Township 48 SOL, th. Range 25 l~ast. Collier County. Vlorida (,ontaining 80.57 acres more or less. and: North ',5 el' Iht north '/~- o1' lhc ,~orth~,,'cs! !:', of thc southwest ¢':, o1' Section 1 l. 'l'ownship 48 South. Range 25 l(ast. Collier ('ounty. l:lorida Containing 10.0t) acres more or Icss. and: North 55 el'thc south ½ of thc northwest %', of thc SOtlthwcsl I/':, Of ~CCtiOI1 ] l. To~vnship 48 South. Range 25 l~ast, Collier County, Florida Containing 10.00 acres more or less. and; The south ~/: el'thc north '/2 el'the northwest '/~, of thc southwest V, ol'Scctitm II. Township 48 South. Range 25 [~ast. Collier County. Florida. Containing I0.00 acres more or less. and: Thc south ½ o£ the south ½ of thc northwest ~/~ of thc southv.'cst ~/:, el' Section I 1. Township 48 South. Rangc 25 l!ast, saving and reserving thc west 50 lkct thereof li*r roadway purposes for ingress and egress oF grantors and grnntccs and adjacent property owners. Containing 10.09 acres more or less. and: Thc Soulhcas! '/., o1' thc .";ot~thwest 5~,. less the .qouth 30 feet thereoF, o1' Neclion I1. Township 48 .%out]~. [*.nngc 25 I(ast. Collier County. l:lorida. and: t The Southeast % of thc Northwest ?~,: 'I'hc Southwest ¼ off thc Northeast %: Tht: Northwest ¼ of the Southe,qst %: and the Northeast ¼ of thc Southwest ¼: l.ess the North ½ of the Southwest ~/~ <~f tile Northeast ~/., of the ,gotlthxvest ¼ of Section I I. 'l'owi;ship 4~ South, Range 25 l'~;.lst. (.?oilier ('ounty, Florida Containing 19~ acres more or less. Thc Norlh W., oI' linc Souti]\vcst L.'.,. o1' Iht Norlhcast J,':, of Ibc Soull~wcsl ~ ~I' Sccli~l ] I. 'l'ow~]sl]ip 48 St,uth. Range 25 lL;~sl, l'ollicr ('oumy. l:lorida Containing ~ acres more or less. and: Thc Northeast ;4 of thc North,,vcsl ;~, t~'~d tile Northwest ¼ ol' thc Northct~st '., ~I' Sccli(m I I. Township 4g .";outh. [,lal~gc 25 l(ast. ('ollicr ('Otmty. Florida. Containing ~0.40/\ores more or less. and: A parcel ol'land l.ocatcd in Sections Il. 12 and 13. Towl~ship 4~ Sot~th. {~zmgc 25 Collier County. l:lorida, being more particularly described ns [~cginning a~ thc southeast corner of thc southwest ¼ of ficction 12. Township 4g Range 25 I~ast. Collier County I:lorida: thence run North 00052'07.. West along Ibc cast linc ol'said southwest ~/~ t~l' Ncclion 12. for a distance of 2631.75 feet to thc center of said Section 12: thence continue North 00o52'07.. West along the east linc of thc southcas~ 'q off thc north~vcst '~ o1' said ~cction 12. l~r ti distt~ncc of { 316.77 lbct to thc ,~orthcast cor~'r ol' the soulhcas~ '~, of Ibc northwest Vf, oF said floc[ion 12: thence run South 88°54'06'' West ttlong thc south linc of thc southc~st ',f, offthc ~orthc~st 'A of thc no~hwcsl ',/~ of said Section 12. liar a distance of 662.28 IL'ct to thc corner of thc southeasl ¼ of the no,beast ',5, of the northwest ~q of said Section 12: thence run North 00050'22.. West along lhc west line of the soulhcast % ol'thc m,rlhcast % of thc r~orlhwcsl % of staid Section 12. {i,r a distance of 658.71 t~cl lo Ibc norlhwesl corner of the soulhcasl % of the northeast N of thc northxvcst % of'staid Seclio~ 12: thence run North 88055'45.. liast i~{ong thc north line of thc southcasl bq o{'thc ~orlhcasl ¼ of the northwest % of said Section 12. For a distance of 661 .t)5 tbct to thc nonhcasl corner of thc southci~st % of lbo northeast '~q of Ibc northxvcst 5;, ol'si~id Ncction 12: thence run North 00052'07.. West along the cast linc of thc nt,rthwcst % ol'said Section 12. {hr a distance of 658.39 feet to thc northeast corner of tht' ~orthxvcsl Iq off said 12: lhence run South 88057'20.. West along thc norlh line ol'thc ~orth~csl % ol'said Seclit~n 12. liar ~ distance of 2646.45 Ibel to thc northwest corner of thc north~vcsl ¼ of sltid Section 12; thence run South 00045'07.` l~ast along thc west linc of thc northwest Cq of snid Section 12, tbr a distance of 1319.36 t~et to thc northeast corner of the southc~st ~A of thc no~hcast ¼ of Section 11. Township 48 South. Range 25 l~ast: 12B 3 thence run ,%outh 88054'42" \\'cst along Ibc noah linc of Iht ~.; of said Scclion 1 I. for a distance of 1325.63 l~ct 1o Ibc n()rth~kcs~ corner of thc soulilcasl 'A of 111c northeast ~', of said Section I 1: thence mn South O(P45'2Y' ](asi along thc xvcst linc of thc southeast "., of thc of said gcction I I. ibr a distance of 1320.30 IL'el Io the soulhwcst COrllcr ol' Ibc s{mlhcast % of thc northeast ~'., o{' said hcclion I l: thence run Noulh 0045'04.. East along Ibc west linc of thc norlhcast of said Section I 1. Ik~r a distance of 1321.73 l~ct to lbo southwest corner of % of thc soulhcast 'A of said Ncction I 1: thence run South 88:M6'3T' West alollg thc tloNJl linc ol'dlc southkkcsl % of said Scclion I 1. Ibr a distance of 1325.33 I~ct to thc northxxcsl corner of thc southxvcst % of thc southeast "; oi' said Ncction I1: thence run Nouth 00045'39.. East along thc west linc of thc southxkcsl '., of thc soulhcast 'A of said Section 1 I. lbr a distance o1'1323.80 IL'ct to thc southxvcsl comer of thc southeast % of said Seclion I 1: lhcncc run North 88°41'15" l{ast along thc sotllh linc of thc sotllhcast ',4 oI' said Ncction I 1. lbr a distance of 2650.25 tbct to thc norlhwcsl comer of Ncclion 13. [owns}tip 48 5oulh. Range 25 liasl: thence run Soulh (}0°43'28" l{asl along lhe west linc of ibc norlhxvcsl 13. lbr a dislanCe oi'675.60 lk'ct to thc sotllhwcst comer of lbo norlhx~csl norlhkvcst 5q of thc norlhwcst % of said Section 13: fi~encc run North 88°38' lY' Ik~sl along thc south linc of thc mmlmcst t, of thc north~cst ',i of Ibc norlhwcst % of said Section 13, Ik}r a distance of 664.12 Ibct IO Ibc southeast corner of the northwest N of l}lC northwest % of the northwest Lq of said Ncction 13: thence run Norlh 00°41 '49'' West along the east line of thc norlhwcsl % of thc norlllxtcsl % of thc norlhwcsl N of said Section 13, tbr a dislancc of 675.07 I~ct IO {he norlhcast comer o f file northwest % of thc northwest % of thc norlhwcst thence mn North 88o41'00.. liast along thc south linc of thc soulhxvcst 5q of Scclion 12, Township 48 South. Range 25 East. ibr a distance of 1903.31 Beginning. I.ess and cxccpling thcrel?om Iht Northwcsl 'A of thc Northxvcsl of said Ncction 13. Containing 472 acres more or less. and: Thc Norlhcas! ',,5, of thc Northeast 'A of Scclion I1, '['ownship 48 Collier ('ounly. Florida. ().R. Book 221 I. page 606 ('onlaining 40 acres more or less. and: Thc North % of the North ;5 of thc Not]lhv~cst ',.i of thc Noulhx~cst ', of Ncction I t. Township 48 Nouth. Range 25 J{asl. ('oilier County. Florida Containing lO acres more or less. and: 1.3 1.4 Thc South i/: of the North 55 o£Ih¢ .'qouthwcst ~/4 of the Southwest ½ ol'.'qcclitm 11. Township 48 South. Range 25 liast. Collier County, Florida Containing 10 acres more or less. Thc North ',/: of tile ,'qouth W2 off the Sot~thwcs! !/;~ of the .Soulhxvcst ~,q off ,'4ectit~t~ I t. Toxvnship 48 South. l>,angc 25 l'~ask Collier Cotmtv. I:lorida Containing 10 acres ,~lore or less. Pi~,OI~ERW¥ ()WNERSiil P Thc st,b. ject properly is currently under thc equitable owt,..rship t~l: or contract xvilh 1.1~,P. ~r their assigns, whose address is 3451 I1onita [lay Boulevard..'quite 2{)2. [~,tl~il~ Spril~gs. I:I. 34134. GENEI~,AI, I)ESCI,~IPWION ()F I'I~IOi~ERTY Mcditcrra is nn in-lill project to bc developed on 1.435 acres loc;~tcd xx'cst of 1-75 in north Collier County and south l.cc Counly. /\pproximr~icly 943± acres ~.*1' tile project nrc in Collier County and tile remaining acres arc in I.cc C'otmtv. The I'1 .jurisdiction applies onlw to thc property located in Collier Thc Collier County project silo is located iii Sections I1 it~lcl 12. 'l'owliship 48 South, Range 25 I~ast. a~ld is generally bordered on thc west by Industrial Residential zoned property and Old US 41; on thc no~h by I.cc County Agricultural zoned prope~y: on thc east by Agricultural zt~ncd property: and o~ thc south. RSI:-3 (Imperial (Jr)Iff l!statcs) zoned property and Agricultural xot~cd properly. Thc location of the site is shown on [~xhibit "A". Co The zoning classillcation off thc subject properly itt thc time el' l't il) applicatiot~ is Agricultural with ST overlay and PIJD. D. l';Icvations within thc site w~rv I'rolll approximately Il to 14 IL'ct-N(iVI). Thc project is located outside thc 100-ycar tloodplain. Spccilicalls'. thc Project is located within Zone X of thc I:IiMA t~'lood Insurance l~,atc Map (pimcl numbers 120067 0185D, 0191 I), a~'~d 0195I), dated .lunc 3, 1986). Accordi~g to the Collier Cot~llty Soil Survey prepared by NI,I(',$, 14 soil u~it,s arc present on the pr(zjcct site. These units, all of which are common to Collier County and southwest Florida. include thc Ibllowing: Malabar linc sa~d: [{ix'iota-limestone st~bstratum/('opela~d linc sand: Immokalec I]~c sand: llallandalc linc s~md: Pincda line sand-limestone substratum: I~asingcr lqnc sand; Riviera linc sand-limcst(mc substratum: 13oca lSnc sand: I~oc~ffRivicra-limcstonc substratum/Copclat~d I1nc sa~ld. 12B 3 1.5 1.6 dcprcssional: I Iolopax~, I~uc sand: Urban land-I Iolopaw/l~,asingcr complex: ,%atellit¢ linc sand; tlrban land-S;atcllit¢ complex: and t lalhmdalc/lh)ca linc saml. Vegetation on ,';itc primarily consists of pine Ilatx~,oods with palltlcllo pine llatwoods with graminoid subcanopy, cypress-pine-cabbage palm. mclalcuca. lbllow agricultural land, and other open agricultural lands, l(xotic vegetation l~razilian pepper and mclalcuca3 has invaded m~sl habital ~>'pcs. Thc lex'els inlkstation of melaleuca and 15razilian pepper have increased signilicantly since thc original site mapping. Many o1' thc wet prairies, pine tlalwoods, pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by and/or [~raziliat~ pepper. ,,X detailed vegetative invcnlot'v ami Fl,t ~U('S map is included. 'l'he Pro cot is Iocatecl within the (.'ocohutchee River I>.asin (t,'l;tss II)as depicted within the ('oilier (,'otmlv l)rainage Atlas (Jtme 19914). I)I,;VI,;I,f)I'bli'iNT ()!" l~,l'i(;l()N.,\l, IMI'A(TI' lAM) has rcccived a l?,inding l,cuer of Interpretation of I)RI slams I?om thc I:lorida l)epa~mcnt ol'C;onmlunity Afthirs (DCA) dctem~ining that Iht prt~jcct is not a I)RI illld will result in no regionally signiticant impacts. At thc lime thc binding Icucr was received, thc prt~jccl was knoxvn as '['oulon. I)ENSIT¥' Ao Mediterra is It) be developed on 1,4.'15 acres in north Collier ('oullty iuld south l.cc County. The number of dwelling traits nuthori×ed to be built pt,rsuant to the binding letter, dated FcbruaD.' 5. 1999, is 950 traits. '['he gross pro. jeer dcnsit.\'. therefore, will be a n'mximum of 0.65 units per acre. The hr, tuber or'dwelling units to be built in ('ollier (?ounty pursuant to tMs PtJI) will not exceed 75(). At all times all propcrty included within Meditcrra as described in Section 1.2 shall be included in determining the ('oilier County project area densitx'. 13 3' 2.1 2.2 2.3 Si',( iI0~ !! I'l,tO,I I:.('T !) EVI,~I.()PM i'~NT Thc purpose of this Scction is to generally describe tile plan of dcvclopmcm I't,r Nlcdilcrra. and to idcntil~' relationships to applicable County ordinances, policies. :md procedures. (il:,NF, I~.AI, I)I';SCI~,II~TION OF PI~,O.II".CT I>L.,\N ANI) I'R()I'()Si51) I,:\Ni) Mcditcrra. a private goll' course community, will inclt,dc a range of single lhmilv and multi-l~m~ily housing along with a Village C'cntcr. which will provide manx scmiccs and tk~cilitics that suppo~ ils residents, including, btH ~oI limited to club lhcilitics, community mccting rooms, small scale neighborhood retail goods and services, and a recreation and acluatic center. Thc Master Plan is iljustrated graphically on [.ixhibit "1t" (WNII~&I'. Inc. File [)-2934-54). ,,X l.and lJsc Numma~' indicating approximate land usc acreages shown on thc plan. Thc Iocalion. size. and conl~gttration of individual tracts shall bc determined ill lilt time of Preliminary Subdivision Plal at~proval xxith minor adjustments at thc time of Final Plat approval, in accordance ~ilh Section 3.2.7.2. tl~c I,I)('. COMI~LIANCI.; WITll C()tJN'I'¥ OI>,I)INANCI';S Regulations for development of Mcditcrra shall be in accordance with thc contcms of this PUl) Ordinance. and to thc extent they arc lief inconsi>tcnt with this I't'l) Ordinance. applicable sections of' thc I.I)C and Collier ('otmtv (;rox~lh Nlat~agcmcnt Plan which arc in ct'l~ct at thc time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Nubdivision Plat, Final gitc I)cvclopmcnt Plan. JLxcax'ation Permit and Preliminary Work Autlaori/~llion. Where Ibis Pl ~[) ()rdinancc docs tirol provide developmental standards, then thc provisions of thc spccilSc section of thc I.l)C' lhat is othc~visc applicable shall apply. t lnless otherwise clct]ncd herein, or as necessarily implied bx conlcxl, thc delSnitions el'all tcrms shall be the same as the clctinition~, sc~ forth in thc l~l)(' in effect at thc time of dcvclc~pn'mnt order application. l)cvclopmcnt pcnnittcd by thc approval of this Pt Jl) will bc sub. ioof to thc .,\dcquatc Public l':acilitics Ordinance. l)ivision 3.15 of tile l.I)(.', itl~cl thc I)cx'clopcrs (/ontribution Agreement dated February 17. 1998. as amended, with respect to road impact fee credits and the vesting of Ccrtificatcs of Public Facilities ~\dcquacy. 12B 3 2.4 2.5 I). t]Mess moditicd, waived or excepted b', this l>t~l) tlr bv subsequent rcquc.,,t. provisions of other applicable sections of tile i,and l)eveh~pmeut ('ode remain in effect with respect to tile development of the Innd which cm'npr~,;c.', this I'I All conditions imposed herein arc part of ',tie regulations v, hic!l go,.crn tile manner in which the land rnav be developed. J:. 'he Subdivisions l)ivisitm rd' thc I.I)C (.,\rticlc 3. l)ixision .;.2~ ,hall apply Mcditcrra. except where an cxcrnpticm is scl fomh herein ,,r otho'x~isc granlcd pursuant lo l,and I)cvclopmcnt Code Section ' ~ Thc Site I)cvch,pmcm Plans I)ivision of the 1,1)(' {Amiclc 3. l)ixision 3.3) shall apply m Meditcrra. except where an exemption is set forth herein or otherx\ise granted pursuant to l,and l)cvclopmcnt Code Section 3.3.4. 11. For purposes of thc various impact Ibc ordinances, residential uses. other than fl~c conventional single thmilv detached dwellings, shall be classilicd as either multi- flintily or condominium/lownhousc in accord with dcllnitions of iht applicable impact i~c ordinance. COMMUNITY I)EVEI.OPMENT I)iSTRICT I,BP may elect to establish a Community l)cvclopmcnt I)istrict (Cf)I)) to provide and maintain inl?astructurc and community lhcilitics needed l~ serve thc l'micct. Such a ('DJ) would conslilulc a timely, efficient, clt~ctivc, responsive and economic way to ensure thc provision of lhcilitics and inlYastructurc Ibr thc proposed development. Sucl~ inl?astruclurc as would bc construclcd, managed and llnanccd by such a CDt) shall be subject to. and shall not be inconsistent with. tho County Gro~lh Management Plan and all applicable ordinances dealing with planning and permitting of Mediterra. Thc land area is amenable lo infrastructure provision by a district that has thc powers set fimh in the charier of a Comnmnity Development [)islricl under Sccli(m 190.006 through 190.041. Florida Statutes. Such a district is a legitimate ahcmativc available both to thc County and to the landowner ]hr thc timely and sustained provision of quality inl?aslructurc under thc terms and conditions of ('OLIllIV development approval. ROAI)WAYS Standards tbr roads shall be in compliance with the applicable provisions of tile 1,1)C regulating subdivisions, unless otherwise rnodificd, waived or cxccplcd bv this J:'UD or approved during Preliminary Subdivision Plat approval. I,l?,P reserves thc right to request substitutions to Code. design standards in accordance with Section 3.2.7.2 c, fthe I,I)C. I,BI' retains thc right to establish gales, guardhouses, other access controls, signs and montlmcnts 12B 2-3 3 1 2.6 as may be deemed appropriate by I.BP <m all privately owned and maintained pro. joel roadways. Roadways within Mcditcrra shall be designed and constructed in acc~rdancc with Section" ' ~7._.8.4.16. of thc I,I)C with thc following subslitutions: LI)C Section 3.2.8.4.16.5.- Street right-of-way width: The minimum right- of-way width to he utilized lk~r a local street within Mc.lilcm~ shall be fimx (40/l~ct. I.I)C Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal pro. joel streets and a thirlv-livc (35) lbot radius I'or intersections at project entrances. I,I)G Section ' '~ .~._.g.4.16.10. - Reverse £'urvcs: 'l'angcnts shall m~t bc required between reverse curves on any pmiect streets. I,I)C Section .~._.8.4.16.6. - Cul-de-sac radius: Thc minimum right-of-xvay radius to be utilized shall be fifty-five (55) feet. I3. Sidewalks/bike paths shall conlbm~ with Section 3.2.8.3.17. of thc I.I)C except as follows: I.I)C Section "' ° ' 7.2. .~._.e,..,.l - The Mediterra loop road shall bc considered a minor collector street and shall have an eight feet (8') wide pathway on one side ortho street that will meander in and out of thc right of way. I,DC Section 3.,..g..~.17.2. - Both project entrance streets shall require a sidewalk or bikcpath on one side of thc street. 1,DC Section 3.2.8.3.17.3. - All cul-de-sacs shall not bc required to have a sidewalk or bikepath provided the following conditions are satisfied: a) thc right-of-way section shall include txvo ten foot (I0') wide traxcl latleS, with lwo l~ot (2') mountable curbs. ~.lnd thc gross density of the cul-de-sac shall be less than two 12) units per [ICRC. LAKE SETBACK AND EXCAVATION An excavation permit will be required For thc proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from thc back of the non-mountable (barrier) curb to thc edge of water. Upon approval by thc Community Development and Environmental Services Administrator. equal substitutes to non-mountable 2-4 2.7 2.8 2.9 (barrier) curb ',,.'ill bc allowed. Thc minimum hike setback l'ron~ Proj¢c! I'mundary shall he 20 IL'cl. l_]pon receipt of a dcvclopmcnl excavation permit, all lakes ~rcatcr than tk~o (2) in Section o...z..~.~, however rmnoval of fill and rock t¥om Xlcdi~crra shall bc administratively pcrmiucd in an amount up to I()pcrccm per lake (2().0()() cunt ]:.xcavalion for I.ivinL. zst,m Road construction norlh ol' ImmokaJcc Road and off- site hauling of rock and fill mmcrials Mini1 he a permitted usc v, ithin t]~is l't :1) subject m thc rcccipl of a development cxcavatiot~ permit v, hich shall hc administratively processed I'w tl]c Communib' l)cvclopmcnt and I:.nvironmcnlal ~crviccs Adminislrator. [). (,'ommcrcial excavation and offsite hauling of up lo 500.000 cuhic yards of rock and 1ill materials shall be a permitted use within this PUD su(jcct to thc receipt of a commercial excavation permit which shall be administrmivclv processed hv the C'omnmnily l)evclopment alld l~nvironmental Services Administrator. USE OF I~,if;IITS-()F-WAY [Jtili:,'mion of I:.mds wifl'fin all pm. jeer rights-ol:way for h. mdscaping, decorative cmrancc ways. and signagc shall he allowed subject to review and adminismnivc approxal t~x l.I~l' and thc C'ollicr ('ountv l)cvclt~pmcnt Services Director lbr engineering and 5albtv considerations during thc development review process and prior to any installmi,ms. .M()I)EI, IIOMi'~S/SALES (/ENTERS/CONSTRUCTI()N ()FFI('ILS Model JlolllCS, sales cctllcrs, sa]cs oJTices. COIlstrt~clio~l of lites./uld other uses and slrucltu'cs related to the promotion and sale of real estate including, but nol limited to. pavilions. vicxving platfi)rms, gazebos, parking areas, tents, and signs, shall he permitted principal uses throughout Mcditcrra. 'l'i~esc uses may be either wet or dry lhcilitics. These uses shall stl~jcct to thc requirements of Section 2.6.33.4 and Section 3.2.6.3.6. of fi~c IJ)C, with the exception that live (5) dh' models shall be allowed within each dcx'dopmcnt tract, and thc tcmporag' use permit shall be valid through the buildout of thc project with no extension thc temporary usc required. These uses may usc septic tanks or holding lanks lbr xxaslc disposal subject to permitting under F.A.C. 10I)-6, and may use potable or irrigation wells. CllAN(;ES ANI) AM ENI)Mi,;NT.',; T() PUl) I)OCUMENT OR lq. AN UhanLzCS and amcndmerns may bc made to ti~is Pl Jl) ()rdimmcc or Plil) Master Plar~ as provided in Section 2.7.3.5 of the I.I)('. Minor changes and refinements as described herein 3' 2-5 may bc made by l,liP in connection wflh any type of dcvciopmcm or pcrmi! application required by thc I,I)('. Thc Community I)cvclopmcnt and Environmental Services Administrator shall hc authorized to approve minor changes and refinements tt~ thc ,Nlcttilcrra Master Plan unto v, Tillt;ll request off,liP. A. The tbllowing limitations shall apply to such requests: The minor change or refinement shall be consistcnl x~ith lhe Collier (iro~,,lh Management Plan and thc Mcditcrra PI II) dt~cumcnI. Thc minor change or rclinemen! shall not constitute a substantial change pt~rsuanl It) Section 2.7.3.5. I. of thc I,DC. Thc minor change or rctinemcnt shall be compatible with adjacent land uses alld shall not create detrimental impacts to abutting land uses. ~vatcr management facilities, and conservation areas within or exlcrnal to the l't Jl). Thc follt)xving shall hc deemed minor changes or refinements: Rcconliguration of lakes, ponds, canals, or other waler facilities where such changes are consistent with Ibc criteria of lhe Soulh Florida Water Management District and Collier C'otmtv. Internal rcalignmcnl of righls-o£-ways, other than a relocation of access poinls to the I'UI.) itselE where water management litcility, preservation areas, or required casements arc not adversely all,clod or olhc~vise provided Ibr. 3. l,',econfiguration of parcels when there is no encroachment into conservation area. Minor changes and refinements as described above shall be reviewed by appropriate ('oilier County Staff to ensure il]at said changes and refinements arc otherwise in compliance with all applicable County Ordinances and rcgulalions prior to tile Community l)cvelopmcnt and [:mvironmental Services :\dministralor's consideration for approval. D. Approval by tile Community I)cvelopment and l:;nvironmcntal Services Administrator of a minor change or refinemen! may occur independently from and prior to any application Ibr Subdivision or Site Development Plan approval. however such approval shall not constitute an authorization tbr development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2-6 2.10 (/()MM()N AREA M:\iNTENANCI.; Most common area maintenance will be provided by a ('1)I) or a l'ropcrb Association. A ('I)[) is a legitimate ahcrnative tbr the timely and sustained provision quality common area inlYastructurc and maintenance under thc lcrms and conditions of a ('ounty development approval. For those areas not maintained by a C1)[). I,BI) shall create a property owners' associati(m or associatit)ns, whose Ihnctions shall include proxision thc pcrpctual maintenance of ctmlmon facilities and open spaces. A CI)I) or thc properly owners' associalion, as applicable, shall be responsible Ibr thc operation, maintenance, and managemenl of Iht surthce walcr management systems and preserves sc~'ing Mcditcrra. accordance with tl~c provisions of ('oilier County (}rdinancc g(}-48 ;md [~cst)luli()n together with any applicable permits fi'om Ibc %omb Florida Wmcr Managcmc)~l l)istric~ 2.11 I,ANI)SCAI)E ilUi"I:F. IIS, BEI/MS, FENCES ANI) WAI,I,S l,andscapc bul'lbrs, bcrms, fences and walls ;ire generally pcrmiucd as ii principal usc throughoul Mcdilcrra. Thc Iblh)xting slandards shall apply: A. l.andscapc bcrms shall have Iht following maximum side slopes: (irasscd bcrms 3:1 (iround covered bcrms 2:1 Rip-Rap bcrms 1:I Structural walled burros- vcmical l.'cncc or wall maximum height: Ten Feet(10'). as measured from Iht lhfishcd floor elevation of thc nearest residential structure within thc development. If thc lbncc or wall is constructed on a landscape berm thai is higt~cr than thc nearest residential structure, thc wall shall not exceed eight lkct (g') in height fi'om thc top of berm elevation. I lpon submission of a typical cross-section, aerial, plan x'icxv and regulation removal permit application, thc Community I)cvclopmcnt and I(nx'ironmcntal Services l)cpanmcnt Administrator may approve landscape buflkrs, bcrms, iknccs and walls to be constructed along tho perimeter of the Meditcrra Pill) boundary prior to prcliminaq' subdivision plat and site dcvclopmcnl plan submittal. Stlbsequcnl to construction, all such areas must be included in a landscape casement or Iract on lhlal plats, or idcntilicd in a separate recorded instrument. I). Fences or ~,valls may bc placed zero Feet (¢)') frc, m internal right-of-way provided l]lal shrubs arc provided in thc right-of-way pursuant Io Ncction 2.7 and ma', bc located five feet (5') from project perimeter. IL. J:¢~lccs al~d walls wJlich arc an integral part of security and access control slrt~cturcs such as gate houses and control gates shall be subject lo thc height limitations for 2-7 (}. principal rcsidcmial structures. In linc case ol'acccss control structures within rights- ol:way adj(fiuing two or more dilt~2rent districts, thc more restrictive height standard slmll apply. I'cdestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities arc allowed in hmdscapc Iml'l~'rs/cascmcnts as approved by thc Mcdilerra Design Rcvicw Team. l,andscapc bcrms located vdthin thc Meditcrra Pl II) boundary and contiguous properly linc and/or right-olLway linc mavbc constt'uctcd such that thc toc of sJtq~C is Jocalcd on thc property linc and/or right-olLxvay linc. l I. Internal recreational and community fadlitics do nol require perimeter bulTcrs. 2.12 (~I.EAI,HN(; AND FII,i. ST()RA(;E 2.13 Fill sloragc is generally pcrmillcd as ii principal usc tl~roughout Mcditcrra. Fill mmcrial may be lransprmcd and slockpilcd within areas which have hccn dislurhcd/fhrmcd ~r' arc sNmn as dcvclopmcm areas on an approved PSP. Prior lo stockpiling in Ihcsc h~cations. I.BP shall provide written nolification to thc Community l]cvclopmcnl and l.h~vironmcntal Services Administrator. Residential areas 25 acres or less (includin~ btfikling lb~lprint.q) shall bc allowed to bc cleared prior to thc issuance of thc building permits, provktcd thc areas to bc cleared arc shown on an approved suNtivision conslruclion plan or gl)P. Thc Ibllowing standards shall apply tbr all stockpiling on-site: A. Stockpile maximum height: fimv-livc £cct (45') B. Stockpile maximum slide sit>pcs: 2:1 Fill storage areas in excess of ten feet (Iff) in height shall bc separated I'rmn developed areas by I~ncing, excavated water bodies or other physical barriers if' thc side slope ~d'thc stockpile is sleeper than 4 [). Soil erosion control shall be provided in accordance with I,I)(' I)ivision 3,7, DESIGN (;IJiI)EI,INES ANI) STANI)ARI)S Thc Collier County Planned IInit Dcvcloprncr~t l)istrict is intended to encourage ingenuity, innovation and imagination in the planning, dcsign and development or redevelopment of relatively large tracts of land under trollied ownership or control. as sci tbrth in thc I,I)C. Sccti~m 2.2.20.2.3. Mcditcrra is planned as a private, functionally inlcrrelmcd community under unifit:d control. I,BP has established community-wide design guidelines and slandards lo ensure a high and consistent level of quality for cc, mmtmitv lleaturcs arid facilities, 12B 3' which include fcalurcs m~d I'acilitics such as hmdscapin~, hardscapc. ~vmcrscapcs. signagc, lighting, sidewalks, bicycle palhs, pavcmcm Ircalmcnls. roadway medians. lbncos, walls, bul'lbrs, bcrms and other similar li~cililics. 'I'o Further ensure fl~at ~l~c Mcdilerra design guidelines and slandards are complied wilh. no Sl)l~ or PNP ma~ be submillcd ~r approved without the Meditcrra I)csign Rcvicxv aptmwal. 2.14 I'RI';I,IMINAIC',' SIIBI)IVISI()N PI,AT I'IIASIN(; .'qubmission. rcvic,w, and approval of I~reliminaD' Subdivision I'lals for thc pr~.jccl m.~ bc accomplished in phases Io correspond v, ilh lilt: planned dcvclopmcm ,f life properly. 2.15 A(;I,I I ('1 :!,'I'1 Il,L,\ i, A,('TI VITII.:.~ 2.16 'l'hc site is currcml.~ undcxch~pcd or used for agricullurc ~,' cattle grazing ptu'poscs, and associated alld accessory uses thereto. These existing agricuhtmfl uses shall be permitted lo continue throughotfl Ibc prt~iect sile and will be phased out tls clcvcJopn~cnl occurs within individual parcels. (; i.:N El,t,,\ i. I'I.:I,L%! I'I'Ti.:I) t ISES ('crtain uses shall hc considered general pcrmiucd uses throughoul Ibc .Mcdilcrra I'1 ri) cxccpl in Ibc W¢lland ('onservalion Area. General pcrmillcd uses arc lhosc rises wlfich generally serve I.BP and residents of Mcdilcrra and arc lypically parl ~d' Ibc CiHIIlIliHI infraslruclur¢ or are considered c,mmunity facilities. ,,\. (;choral l'crmiucd I lscs: I. l'issentia/services ils scl tbrlh under l,[)(', Sccli,n 2.(,.t). 1. Water management facilities and rclalcd structures. 3. I'cmporary st.xvag,c [rcatnl,,2nt facilities. 4. Scplic system liar rcmnlc goll'shcllcrs l.akcs including lakes x,.ith bulkheads or other archilccmrul or structural bank Ircalm¢llls. (~. ( }llilrdJlotlst,',s, [2alc'Jll~tmcs. alld ;lOCi:ss COlllroJ SlrllCltlrk's. 7. ¢'ommunity and neighborhood parks, trails and rc'crcali,m.'.fl facilities. 'l'cmporap:' construclion, sales, and adminislrafivc ol'liccs for I,I?,1' and I.BI s authorized contractors and consultants, including m.'ccssarx accuss ways. parking areas illltl rclalcd uses. 2-9 I0. [,anctscapc/hardscapc features including, but no~ limited to. landscape bt, ffcrs, bcrms, fences, water features and walls sub. jeer to thc standards set Ibrlh in Section 2.11 ofthis Ptll). Fill storage, site lilling alld grading arc subject Io fl~u smndarcls scl lbnh in Ncction.. ~ I"~ ol'this PIJD. Any other usc which is comparable in nature with fl~c Ibrcg~fing uses and which thc Community l)cvclopment and 15~vironmental Services Administralor determines Io be compatible. l)evelopment Standards: tJnless otherwise scl forlh in this document, the tbllowing dcvclopmcnl standards shall apply to structures: (}uardhouscs. galehouses, signage and landscape features, and access control structures shall have no required setback. Setback l?om property lines: Front: ten feet (I 0') Side: five feet (5') Rear: ten feet (10') Minimum distance between structures which arc part of ar~ architecturally tmified grouping - live feel (5'). 4. Minimum dislancc between unrelated structures - ten fleet (10'). 5. Maximum height ofstructurcs thirty'-five feet (.~.). 6. Minimum iloor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikcpaths may occur within ('OtlntV required bufli:rs. g. Standards lbr parking, landscaping, signs and other land uses v, hcrc such standards are not specified herein or within Mcditerra development standards, are to be in accordance with thc I.I)C provision in effect at thc time this PUD is approved. 2-10 2.17 OPEN NI'ACE REQIIIREMENTS Thc PUl) Master l'hm identifies approximately 644 acres included ill thc preserve area. lakes, recreation, open space, goll'and buffer designations. These areas, in con. junction with open space areas included within thc Residential District, t~flly satist'v thc open space requirements of Section 2.6.32 of thc 1.DC. 2.18 NATIVE VE(;ETATION RETEN'FiON REQUIREMENTS Thc prcscrx'c areas on site shall satisl'y thc requirements of Policy 6.4.6 of thc Consc~a'ation and Coastal Management l~lcmcnt of ~l~c Collier County (Jrowlh Management l'lan. 'l'hcrc may be some minor adjustments to thc proposed prcsc~'c areas during SFWMI) pcrmiuing. 2.19 SI(;NA(;E .,\. All Collier County sign regulations in force at thc time o1' ,';pproval shall apply unless such regulations arc in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. For thc purpose of this PLJD l)ocument, each platted parcel shall be considered a separate parcel of land and shall bt: entitled to any sign as permitted herein. ShoL, ld any of Ibc signs be requested mbc placed within a County dedicated right-o£-way, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions, All internal project rights-ofLway' may bc utili×ed for decorative landscaped entrance l~aturcs and signage subjecl to rcvic~v and approval I?om thc Planning Services Department fi~r consistency with thc requirements scl lbrth herein. Signs may bc allowed in landscape bulTcrs/cascn~cnls with thc approval thc Mcditcrra l)csign P, evicw Team. B. I30UNI)ARY MARK[;iRS One boundaO' marker or monument may be located at each property corner. The boundary marker ma.,,' contain the name of the community. and thc insignia or motto of the development. 1.2B -'Il I). o Thc sign lhcc area may nol exceed 80 square iL'et and may nol cxcccd thc height or length iff thc monument upon which il is located. If Ibc si~n is two-sided, each sign tinct may not exceed 60 square lkcl in area. Sign face area is calculated by total square I'oolagc of name. insignia, and IllOtto OIlJy. The setback for the signs from l,ivingston Road rights-of-xxay and any perimeter property line shall be 5 feet. I'I,',().II!('T f':N'I'RAN('I.i SE(iNS 'l'hrcc ground or wal]-n:ounted entrance signs maybe located al on bt)th sides of the entrance right-ot~way and in the entry median. Such signs may contain the name of thc subdivision, and thc insignia or i11ollo el' thc dcvclopmenl. No sign face area may exceed l[)0 square iL'ct and thc total sign lk~cc area of Entrance Signs may nol exceed 200 square lbct. If d~c sign is a single. two-sided sign. each sign time may not extend beyond 100 square I~ct in area. Thc sign lhcc area shall not exceed Iht hcighl or length of ~hc walt or monument upon which it is located. The setback lbr thc signs from l,ivingslon Road rights-of-xvay and any perimeter property linc shall be 5 feet. I!ntrancc signs I11~IV llOt exceed ~.1 height of 20 feet above thc finished ground level of the sign site. For thc pu~ose of this provision, llnished grade shall bc considered to be no greater than I 8 inches above thc highest crewel elevation of thc llcarcsl road. ulllcss Ibc wall ,,r n~ontnllcnI is constructed on a perimeter landscape bcrm. TEMI'()R,,\RY SI(iNS Temporary signs may bc permitted and mav consist o1' thc fidloxxing types: project identil]catitm, botmdary marker, real cslatc, sales center idcntiticalion, and directional. l:ach sign may not cxcccd 160 square fcct in area. Il' thc sitm is tr.'o-sided. each sign face may not exceed 160 square fcct in area. Thc setback for tclnporary signs from [,ivingston Road rights-of-way and any perimeter property linc shall bc 5 feet. I;. O. Temporary signs may not cxcccd 20 foci itl height above thc finisi~cd ground level of the sign site. Temporary signs may remain in place simultaneously with pcrnmncnl signag, e until thc pro. jeer reaches 99'% build-out. Special cron1 signs no1 cxcccding 32 square IL'ct per side in size may bc displayed to alllloullcc or advertise such temporary uses ;ts open houses. community Rfirs or programs or any charitable, cducalional ex'enl. Such sign shall be Iocalcd no closer than lO l~ct to any property linc. Such signs may be displayed on light poles. (Jrand opening signs: I.BP may display on-site grand opening si?s not exceeding 32 square IL'ct total. 8. No building permit is rcquircd liar tcznporary signs as listcd above. ('()NSTR, IJ('TI()N I~NTR.,\NCI'.' SI(;NS '['wo "construction ahead" signs may bc located al approprialc dislanccs allcad of a c(mstruclion entrance, with a Jnaximum itl size. No building permit is required. One sign, with a maximum of 20 square fcct in .size. may bc located at each construction entrance to idcntif3' thc entrance as such. No building permit is required. IN'I'I~RNAI, ,%I(~NS R, csidcntial and community facilities cntrancc signs nlaV bc located on both sides ol' the neighborhood entrance strccl and within thc cnlrv mcdian. Setbacks I?om internal road right-of:xva> may I)c zero l~ct (0'L Such signs may bc used to identify thc location o1' neighborhoods, club house, rccrcalional areas and other I~aturcs within Mcdilcrra. individual signs may be a maximtm~ o1' 100 square lk'ct per sign li~cc area. Such signs may have a maximum height of 12 Ibct. No building permit is required. Directional or identification signs may bc allowed internal to thc subdivision. Such signs may bc used to identilk' 1110 location or direction of approved uses such as sales centers, model centers, recreational uses. in/brmz, ion centers, or thc individual components of thc development. Individual signs may bca nmxinmm of 6 square fcct per side or signs maintaining a common architectural theme may be combined to Ii,tm a menu board with a maximum size of 64 square tUct per side and a maximum height o~'8 I~ct. '1.28 2-13 I,BP may have real estate signs with a maximum size of O square feet per side in residential disMcts. Such signs may advertise "For To". '%at #". etc. No building permit is required. TRAFFIC SIGNS Traffic signs such as street signs, stop signs, and speed limil signs may be designed to reflect a common architectural theme. 3.1 3.2 3.3 3.4 Si.X:I'ION 11I 12B 3-1 I,[ESIDENTIAI, I)ISTRICT PUI'H'OSE Thc purpose of ti'tis Section is to identify permitted uses and dcvclopmcm standards for areas within Mcditcrra designated on thc Master Plan as "R." MAXIMUM I)WEI,LIN(; UNITS Thcnurnbcrofdwcllingunitsauthorizcdtobcbuiltpursuanltothcl)('A's binding letter. dated I:cbmao' 5. 1999. is 95f) units. Thc number of dxvclling units Iobc Imih in ('oilier County pursuant to this lq)l) will not exceed 750. (;EN ERA L I)ESCRI PTION /\rcas designated as "R" on thc Master Plan arc designed Io accommodate a full range residential dwelling types, compatible non-residential uses. a full range of recreational lhcilities, essential services, and customaD' acccssoD' uses. Thc approximalc acreage of thc 'R" district is indicated on thc PIJl) Master l'lan. 'lhis acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will bc provided at thc time of Site I)cvclopmcnt Plan or l>rcliminarv Subdivision l'lat approvals in accordance with I)Msion 3.3. and l)ivision 3.2 respectively. of thc I.DC. Residential lracls arc designed lo accommodate internal roadways, open spaces, recreational lhcilitics and other similar uses lbund in residential areas. PERMITTEI) USES/\NI) STI,HICTURES No building or struclurc, or pan thcrcol: shall bc erected, ahcrcd ~r used. or land used. whole or parl. fi',r other than thc f<fllmxing: A. Principal I. lscs: 1. .'qinglc Family 1)ctached I)xvcllings Single Family Patio and Zero [.or I.inc I)wcllings 3. Single t"amily Attached l)wellings 4. Multi-Family l)wcllir~gs 5. Guest I louses B 3 3.5 ,,\nv other principal use which is comparable ill naltlrC with Iht Ibrcgoing uses and which thc Community Dcx'clopmcnt add 15~vironmcntal Ncrx'iccs .,~dministramr determines to be compatible in the "R" I)istricl. :\cccssorv !. rscs and Ntn~ctures: ,.\cccssor', uses ami structures custonlarily associated with principal LISTS permitted in this district including neighborhood commtufitx rccrcalional lhcilities. Any other accessory usc vd'rich is comparable ill nalurc with Iht f~rcgoing rises illld v, hich thc Community I)cvclopmcnl alld I".nvinmmcntal Ncrviccs Administrator determines to be compatible in thc "P," 1)}stricl. I)EVEL()PMI';NT STANI)ARi).% Table I sets Ibrtil thc development standards for land uses ',viflfin thc 'R' Residential District. Silt development standards for single family uses apply tt~ individual residential lot htmntiarics. Multi-family standards apply to platted parcel btmmJarics. :';mndards for parking, landscaping, signs and other land uses ~vhcrc such standards arc not specified herein or wit}fin adopted Mcdilcrra design guidelines and slandards, arc to be in accordance with thc I.I)C in cl'Ibct at thc time of giro [)cvclopmcnt Plan approval or Prclimina~' Subdivisim~ l'lat approval. [hllcss othcnvisc indicalcd, required yards, hci~hls, and lie}or area standards apply to principal structures. I). l)cvclopmcn! standards Ibr uses m,t specifically set lbrth in Table I shall be established during Site l)cvclopmcnt Plan Approval as set forth in Article 3. Division 3.3. of thc l.and l)cvcloprncnt Code in accordance wilh those standards t,t' thc ×oning district which is most similar to the proposed usc. Required property development regulations may bc approved that arc diflkrcm lhan those set lbnh in Table I. sut~jcct to approval by thc ('ollicr County [~lanning Commission. in accordance with thc criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 o[ thc I.I)C. Common open space rcquircmcnts arc dccmcd satisfied pursuant to Section 2.17 of this P[JI). 't'l~c Collier County Public Works l)ivision shall allow thc installation of potable water anti imgation water sca'icc connections to distribution mains during ctmslmction of the single I~tmily subdivision utilities. Thc installation will bc scheduled upon request and payment of thcs by 1,BP, its successors and/or assigns. Thc insmllalion will be in accordance with thc approved plans and specifications. 3-3 currcnt policies and procedures, and performed by 1,1½1"s contractor. Thc contractor must be approved lbr thc installation by thc Collier County Public Works Division. Fees will be dctcmfined in accordance with thc impact fcc ordinance in effect at thc timc of thc request for connections. TABLE ! MEI)ITERRA I)EVEI,OPMENT STANI)ARi)S FOR. "R" RESII)ENTIAI. AREAS 1 SIN(H.E FAMII.Y I'A'I'I() ~ ZI'iR() TW(i FAMII.Y ~I~(i'I.I~'F'AMI[.Y MI';I.'F1 FAMII.Y IWTA('III{I) I ()['l INE I)l IPI.I(X ~ A FT.,~('I II'~l) ANI) 1)WI.~I.I.INGS I)l fl 9 .EX I( IWNI H )l ;sI'. Minimurn Lot W~dlh * 5 75 5() 35 ii) NA Front Yard Setback ( Principal and. Acccs~om }. 2i~ 2~* 3 . . 12:2 ~* 3 12 2t)' 3 Front Yard fi~r Side ENID' Garage 12 12 12 12 12 Rear Yard hclhack (~,rmcipal)~., lO q IH II) 5 Rear Yard Setback' I (Acccsso~ ) q 5 5 5 Side Yitrd Sctbilck 7 5 (}'t, f) ~r 7.5 Il .r .5 IIII 5 Maximum I Icighl '2 .11) 15 35 35 50 Floor Area MmrmtJm (SI') J SOl) NJ: Jhtll) NJ: Iht)() NJ" 12011 NJ.' l)istancc Ik.l~ cch ~ .......... Prindpal StructuresJ 15 Ig 0 or 15 5 Sill BI__l: IhJildmg Ilcighl SIll__I; (Sum ol'lhfildmg I lcit,'hls} ('omhincd height of I',,,o ;]diaccnl huihlint~s Ibr Ibc puq~v,c ufdclcnninintz setback rcquircmcnls Minimum lot areas li*r any uml ISpc ilia> bc cxcccd?ll Iht ulTil lspc. and not thc minimum h,l ;trca. shall dcf~nc thc dc~ch,pmcnl ,I;mdards h~ hc applied hy thc ('ush)mcr Services I)cpa~mcnt during ;m applJcalmn fbi ii building pcrmH t,*r all palio or /ct. h,l linc unil~. ;I c, mccplual cxhihil shmdrlg bpic;d building needed All distances arc In I~'cl Ulljcss othu'm~ m~' mdcd An) StfllClllr~' m,rc Ihall I;~O si,rios in height t~ ill mtlaint;mm ;t 20 Ji4~l Illirllllill/ll building SC~lal;lliOll (;ucsl houses shall nlccl Ibc applicable principal slnlclurc setbacks Flag lot shall haxc n(* minhmJnl h,t ~s idlh bul ~ ill mcct I,I area rcquircnJcrlls I'mjccl ~sallq shall ~ allm~cd ~silhin I I~1 al'Ibc righ[~,lX~a~ linc Wi~ apprnval [rom IBP fr.nt xard~ shall ~' mc;tsurcd its li~ll(~s' A I1' thc parcel is sc~ud b) i~ public righlqd'-xsa), sclback is mrit~Hrcd t~om Ibc adjacent righlq~l'-wa5 linc If Ibc parcel is sc~cd b5 ii prixatc r,ml. sclhack is mc;tsurcd l'rum thc hack ~H'curb (il'curbed} or ctlgc ~q'paxcmcnt (il'not curbed) l~sign Rcs icsu( '-mmillcc and Pmjccl I'hm Rc~ icx~ '2 - Iluilding hcighl shall ~' thc x c~ical dislalluc measured from thc ~rnt habitable lhfinhcd Ilo,r clc~ ;tli(~ll Io thc uppcrmt~st Ihlishcd ceiling cie; mit~n el'thc ,trucmrc '4 - Each half ora duplex tJnil rcquirc~ a I.t ;troll ;flhwathm td 1.5 iff S J t,r a hq;fl minimtmn~ t,t area or 7.t)0il N i · 5. Minimum h~ x~idlh l~la) ~ reduced b~ 20% l;,r cul-de-sac Iol~ pros idud minimum hq ;ircll rcquircmcnl is qill mainlah~cd '6 - /cio f~c110'} mmimun~ side sclhilu'k t.tl cilhu'r or holh n) It's i~s hmg it~ a mnirlimUm l(I Ii,st ncpar,mon bu'b~ccll principal structurcn ix rn;linlaincd. I'ati,s. iX~Is and screen enclosures may cncm~,ch iplo Ibc I0 fi}ol prir~c~pal struclslrc scparali,n ami ma) all;~ch to thc adjoining d~cllinff provided a, c;tscmcnl is grm~lcd from thc ad oining dwelling unil o~ncr. Where Ibis .prom is used a c~mccplual vxhibil showing bpical buikling cmdiguralions f-r patio ,r /ct, lot Ih~c units shall ~ submillcd Itl 0lC Cuslomer Se~'iccs l~p~mcnl s~itb thc apphcathm lbr thc tirol building pcmlil 'D~s conceptual cxt~ibit ~gill ~ used Io dclcmlmc Ibc l{l li~l spacinff rcquircmcnl bch~ccn principal ~d ac,:cs~D slmclurcs Ibc c-nccplual exhibit ma) ~ m~dificd as nccdcd 4-1 4.1 4.2 4.3 4.4 SECTION IV VILLAGE CENTER i' U Ri'OS E The purposc of this scction is to identify permitted uses and dcvelopmenl standards areas within Mcditcrra designated on thc Master Phm as "Village C'cmcr." Commercial uses cannot be developed until thc EAR based amendment ordinancc addrcssing thc Village Center uses becomes legally cfibctivc. MAXIMUM SQUARE FOOTA(;E A maximum of 60.000 square feet floor area. including clubhouse facilities, general store. education/enrichment center and recreational uses ma.,,' bc constructcd ~m lands designated "Village Center." (;ENERAL DESCRiI'TION The approximate acreage of thc Village Center district is indicated on the Master ['lan. This acreage is based on conceptual designs and is approxinmte. Actual acreages of all development tracts ,.,,'ill be provided at the time of Site Development Plan or l'rcliminary Subdivision Plat approvals in accordance v,'ith Division 3.3. and Division "" .,.~ respectively. of thc LDC. q'he Village Center tract is designed Io accomrnodatc internal roadways, open spaces, lakes and water management facilities, and other similar uses. I'ERMITTEI) USES AND STRUCTUI/ES No building or structure, or part lhcrcof, shall bc crcctcd, altered or used. m' land used. in whole or part. for other than thc following: A. Pemfitted Principal Uses and Structures: 1. Golf courses, golf clubhouscs, and golf facilitics. (;choral store with convenience goods and deli. 3. Tennis. heahh and fitness, sr.'training and other recreational clubs. 4. Project infomialion and sales centers. Community and golf course maintenance areas, nlaintcnance bt, tidings. essential sen'ices, irrigation water and effluent storage tanks and ponds. water and wastewatcr treatment plants, septic systems, utilities pumping thcilities and pump buildings, utility and maintenance smffoffices. 4-2 4.5 6. Public administration facilities. ()pen space uses and structures such as, but not limited lo, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fimess trails and shelters. 8. Tcmporau' construction access roads. O. Any other principal usc which is comparahlc in nature with Iht Ibrcgoing uses (including general and prolbssional ofliccs not specifically listed above) and which the Development gerviccs I)ircctor ttctcrmincs 1o bc compatible in the Village ('enter district. B. l)cnnittcd Accessory [.;scs and Structures /\cccssou' uses and structures customarily associated v,'ilh principal t,scs pcrmilted in this district. ('ustoma0' acccsso0' uses include, bttl arc not limited to. recreational fitcilitics that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and play fields. Any other accessory usc which is comparable in nature with thc lbregoing uses and which thc Community Development and l'.'nviromncntal Services ,\dministrator detemfines to be compatible in the Village Center district. I)EVELOPM ENT ST/tN 1)ARI)S A. Minimum Yard Requirements: 2. 3. 4. Front Yard: Principal Structure- Twenty foci (20')minimum or one-half thc building height, whichever is greater. Acccssory structure -Ten feel (10'). Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure Five feet (5'). Rear Yard: Principal Structure - Tv,'enty fcct {20'). Accessory structure - Five feet (5'). Sctback from a lake for all principal and accessory uses may bc zero fecl {0') provided architectural bank treat mcat is incorporated into ~hc desi Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Fifty feet (50'). except clock lowers or similar architectural features, which shall be pemfitted up to sixty-five feet (65'). G. J. 12B 3 4-3 Minimum distance between all olhcr principal structures - Fil'iccn fcc! (l 5'). Minimum distance belwcen all other accessory structures -Ten lk'ct (10'). Minimum floor area - None rcquired Minimum lot or parcel area - None required Nlinimum lot widlh - None required Parking for any and all uses and structures constructed in thc Village Center District: one (1) space per 200 square lkct of building area. Standards f~r landscaping and other land uses where such standards arc not specified herein are to be in accordance with LI)C in cl'lUct at d~c time oF Site l)cvclopmcnt Plan approval. Llnlcss otheBvisc indicaled, required yards, heights. and floor area standards apply to principal structures. 12B 3 5.1 5.2 5.3 SECTION V RECREATION AND OPEN SPACE I)ISTRICT I'URPOSE Thc purpose of this Section is to identity' permitted uses and devclopmcnl standards for areas within Mcditerra dcsigrtatcd on thc Master Plan as "IUO". GENERAL I)ESCRIPTION Areas designated as "IUO" on thc Master Plan are designed to accommodate a thll range of golf course, recreational, water management and open space uses. as well as to provide lands k~r community-related ancilla~' uses and essential services. PERMITTEI) USES ANI) STRUCTUI,~ES No building tlr structure, or parl thcrcof~ shall bc erected, altered or used, or land tlr water used, in whole or in pan, fi~r other than thc following: A. Permitted Principal klscs and Structures 1. (loll'courses. golFclubhouscs, and golf thcilitics. Tennis. hcahh and fitncss, sv.'imming and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings. essential sen, ices, irrigation water and effluent storage tanks and ponds. water and wastcwater treatment plants, septic svslcms, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration thcilitics. Open space uses and structures such as. but not Ihnitcd to. boardwalks. nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing picts, picnic areas, fimcss trails and shelters. 7. TernporaD' constmctior~ access roads. Any other principal usc which is comparable in nature with thc foregoing uses and which the l)cv¢lopment Services I)ircctor determines to bc compatible in the "I,',/O" District. 12B 3 5.4 I?,. Permitted (iscs And Structures \Vithin Archaeological Site ()pens space uses and structures such as. but not limited to. nalurc ~rails. bio\cie trails, gazebos, picnic areas, fitness trails, shchcrs, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball corms, rcsl shellers, and drinking l~unlains. Any uses and structures pcrmiucd Slla]l ~1Ol dislurb areas beneath thc existing soil surli~cc and a minimum iff 6 inches of clean 1ill dirl shall be placed over Ibc area cxccp~ in places where thc area will be left in its natural slate or will be landscaped. .,~ ccr~ilicd archacologisl shall be prescm on sile Io monitor an~ excavation Ibr irrigation pipes and landscaping. /\IIV (:,[IICI' LINEN and slruclurcs which arc comparable in naiur'c ~ ilh thc f~re?ing and which the l)ev¢lopment Services Director determines to t~e conlp;!.liblc. ('. Pcrmiltcd Accessory l'scs and Struclures Accessory uses and struclurcs customarily associalcd ',vJlh Iht.' nri~lcipaJ fmcs permitted in this district. Pro-shops. practice areas and ranges, golf cart barns, rest rooms, shelters. $1lack bars. Retail establishments accessers.' to thc permitted uses of the district such but not limilcd to. soil: tennis, and recreational related sales. I~,cstaurams. cocktail lounges, and similar uses imcndcd tt~ serve file residents of Mcditcrra and their guests. 5. 'l'elcctmmmnicatitms facilities. Any olher accessory use which is conlparablc in nature wifl~ Ibc lbrc~oina uses and which thc I)cvclopmcnt Sc~'iccs I)ircctor determines tt~ bc cem~patiblc in file "R,'()" and Miscellaneous ()pen Spacc/Ihiflbr 1 )istrict. I)EVEI.()PMENT STANI)AI~,I)S l'rincipal structures shall be sc,, back a minimum of ten lk. ct ~ I (}'} from "R/( T' district boundaries and private roads, and twenty-five IL'ct (25') I?om all Pi ~1) boundaries and residential tracts, except where thc PUl) abuts a public right of xxav. in which case thc setback shall be one half(%) the height of thc structure. Accessory structures shall scl back a minimum of live l~'et (5') from "R/O" district boundaries and private roads, and twenty IL'et (20'1 from all l't !1) boundaries and 3-3 residential tracts, cxccpl ,.vhcrc thc PUl) abuts a public right of way. in which case Iht setback shall be one h,'fl f ('/.,) the height of the slructurc. l.ighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Sixty-five t~et {65'). Minimum distance belween principal or accessory structures which arc a part of an archil¢cturally uni lied grouping - Ten t~¢t ( I 0'}. Minimum distance between all other principal struclurcs - Fifteen fcct I 15'1. Minimt, m distance between all other accessory structures - Tun Ii:el fl 0'). Nlinimum floor area - None required, Xlininmm lot or parcel area - None required. Parking lbr the community center/clubhouse shall bc one space per cvcr~' two hundred (200) square feet of gross floor area. excluding cart sloragc areas, which shall be considcrcd inclusive of required golf course parking Standards tbr parking, landscaping, signs and other land uses xxhcrc such standards arc not specified herein or within Mediterra design dcvclopmcnl standards, arc 1o bc in accordance with Collier County l.and Development Code in el'IL, ct at the time of Site Development [>lan approval. Unless othcm'ise indicated, required yards. heights, and tloor area standards apply Io principal structures. Golf course rest stations and secondary maintenance buildings will bc permitted to use seplic tanks or holding tanks for waste disposal subject to pcrmhling under Rule 10I)-6 F.A.('.. and may use potable and igigation wells. i 6-1 6.1 6.2 6.3 6.4 SECTION V! I'I~,ESERVATION AREA PURPOSF, The purpose of this Section is to identify permitted uses and dc~.clopn:cm standards Ibr thc area within Mcditerra designated c,n the Master Plan. as l'rcscrvation Area. GENERAL I)ESCRli~TION Areas designated ;is Preservation Area on tile Master Plar~ arc designed to accommodate consc~'ation interpretive/educational trails and limited water management uses and fimclions. PERMITTEI) USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used. or land or water used. in whole or in part, lbr other than the following: A. Permitted Principal Uses and Structures Boardwalks golf can paths and nature trails (elevated and at grade), and gazebos. Water management lhcilities. 3. Temporary construction access road. 4. l. ttility tlr roadway crossings. Any other conservation and related open space activity or use which is comparable in nature with tile foregoing uses and which the l)cvclopmcnt Se~'ices Director dctcrrnir~es to be compatible in thc Prescmaion Area. RESERVE I)[STRICT CONSERVATION EASEMENT A non-exclusive conservation cascmcnt or platted tract, whichever is applicable, is required fi~r preservation lands included in the Preservation Area. I,BP. their successor or assigns, or the Mcditcga CDI) si'tall be responsible tbr the control and rnair~tcnancc of hinds wiflfin tile F'rese~'ation Area. 7.1 7.2 7.3 7.4 SECTION Vll (;ENERAL I)EVELOI'MENT COMMITMENTS P U RI~OSE A. Thc purpose of this Section is lo set tbrth thc general dcvclopn~cnt commitments of I.BI~ within Mcditcrra. GENERAL All facilities shall be constructed in accordance with tile linnl site development plans. the final subdivision plats, and fill applicable state and local laws. codes and rcgulatitms relating to the subdivision of tile land, except where specilScallv noted or otherxvisc set k~nh in this document, or as otherwise approved by Collier Cotllltv. All state and Federal permits shall be effective according to the stipulations and conditions oF tile permitting agencies. Final master plans. /Snal site development plans or linal subdivision plats, and standards and specifications of thc Collier C'ountv l,and l)cvclopmcnt Code relating to the same shall apply to this project, except as otherwise set Forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in thc rezone hearing betbrc thc Board of County Commissioners, shall control and be applicable to development ot'thc subject property, l,l~P, ils successors and assigns shall bc bound by said documents, commitments, and stipulations. MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2. l)ivision 2.7. ,%ccti,,m 2.7.3.6 of the Collier County l,and l)cvelopment Code. TRANSPORTATION A. LBP shall provide a fair share contribution toward thc capital cost ol'a tralTic signal at the main project entrance onto Livingston l~.oad (North-South) when deemed warranted by Collier County. The signal shall bc owned, operated nnd maintained by Collier County. B. Collier County and LBP entered into a Developer Contributio~ Agreement dated 17 February 1998. as amended {herein "Agreement"). to address thc design, rigbt-ol:way acquisition, permitting, and construction of Livingston Road from Immokalee Road Io thc i,cc/Collier County lane, C. As depicted on Ibc Master Plan, [ixhibit "I½", I,t½P has reserved, pursuant lo the terms authorized in the Agreement. a 100 foot ',vide right-of-way along the eastern edge of 12B 3 7-2 the project for thc construction of l,ivingston Road (North/Not, th), and 1,BP has reserved a 170 tbot wide right-of-way along the soulhcn~ edge of thc prqject l,ivi ngston Road ( East-West3. D. It is acknowledged lhal the cost of construction of l,ivingston Road is an advanced payment of Road Impact Fees pursuant to tho terms of Ibc Agreement (and that is eligible {k>r impact tee credits}. Notwithstanding the determination of d~e adequacy of odmr public facilities and tl~e payment of any other appropriate impact lbes. has complied with the requirements l~r transportation adequacy Ibr thc issuance of Certificate{s) of Public Facility Adequacy. E, Connection permits shall be required For all temporary construction access poinls. Suciq permits shall require any necessary auxiliary hines and apron paving to be conslrucled prior to the use of any len~porary access point, 7.5 LiTil. ITIES t3. Water distribution, sewage collection and transmission syslcnls shall bc constructed lhroughoul the project by I, BP. Potable water and sanitary scxvcr thcililies constructed within platted rights-olUway or within dedicated County utility casements shall be conveyed to Collier Cotulty. pursuant to Collier County Ordinance 97-17. as amended, except as may bo provided in Section 2.4 of this Docun~c~lt. I, Jpon completion of the utility lhcilitics, they shall be tested to insure they meet Collier County's utility construction requirements in effect at thc tirnc construction plans arc approved. C. All customers connecting to thc potable water and sanitary sewer system shall bc customers cfi' tile County. except as may be provided in Section 2.4 of this documcnl. I). Existing vegetation will be saved where possible; therefore, tile County owned potable water mains and lbrcemains will be allowed to meander during construction to save vegetation. Thc meander will be accomplished by deflecting ibc pipe or using fittings in accordance with the Collier County Ulilitics Ordinance. For horizontal adjustments over 12 inches from thc original alignment, an as-built survey of thc utilities will be required and shown on the record drawings. l.andscaping and sidewalks will bc allowed within thc righl-t~Pway/C'ounty utility casement (R.O.W./C.tJ.IL) and over thc County owned potable water mains and tbrccmains. Small vegetation with unobtrusive root systems shall be allowed anyx~ here within lhe R.O.W./C.t,;.F,. For large vegetation and trees (palms nnd/or tap rooted trees), root guards will be installed to prcvenl roots l~om coming in contact with County owned potable water mains and tbrccmains. Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by LBP within the R.().W./C.U.E. The albrementioned costs shall be the sole financial responsibility 3 of I.BP. its successor and assigns, l'his ch. msc will bc shc,.vr~ within thc homcov.'ncr's association documents and on the construclion plans. F. Thc County owned polabl¢ water mains will cad at thc beginning of fl~c cul-dosac with a fire hydrant. Potable walcr services will be cxtcndcct to serve residential lots along the cul-de-sac. ('onduits will be provided tier thc potable water services, xvhcrc necessary. (J. For the County owned potable water mains and tbrccmains located within a 50 INn R.O.W./('.I I.l{. serving single lhmilv rcsidcmial parcels, flit potable xvalcr main will bc located a minimun~ 7.5 tbet off' thc back of curb (BOC) and lhe tbrccmain ~ill bc located a minimun~ 5 t~ct off the BOC. The minimum dislancc from tt]c B()(' tt, thc right-olLway linc will bc 13 Ikcl. Rclkrencc thc typical cross-section atlachcd as Exhibit 'I)'. Section A. II. For tile (,ountv owned polablc 'o.'alcr ir~aills located xvhhin serving single flintily residential parcels, thc polablc walcr main will bc located minimum 5.0 IL'ct o1'1' thc back of curb. Thc minimum distance from thc BOC to thc right-olLway line will be g l~et. Rel~rencc thc typical Exhibit 'I)'. Section B. For the Cot,nty ov.'ned potable v.'atcr mains and forcemaJns located along thc loop roadway, tile potable water main will be located a minimum 7.5 l~ct off thc back of curb (BOC) and the tbrcemain will be located a minimum 5 t~el off thc B()('. For lhc loop roadway section without a median, the minimum distance lkom fl~c B()(' to thc righ~-ot2 way line will be 15 t~et. For thc loop roadway section with a median, tl~e minimum distance from the BOC to the right-olTway shall be 13 lbcl. Relkrence thc lypical cross- section attached as Exhibit 'D'. Section C & D. .1. Thc County owned potable water distribution system will be allowed to connect to thc Collier County potable water transmission system along thc IJvingston Road (East- West) co~idor, if ncccssau', to enhance pressures and chlorine residuals within t}~c Prt&jcct. '1'o assist tile ('OLIIIIV'$ operation and maintenance activities. I,I~1) will pr()xidc a stabilized access ill areas where there is nol paved access ad. jaCClll Io the County ox~.~cd polable water main. Collier County and I.BP emcrcd into a l;tilit.x' I.'acilitics Rcimhurscmcni and Contribution Agreement dalcd 12 .lanua~'. 1999 to address thc design, permitting and construction of utilities along l,ivingston Road flora Immokalcc Road to thc l.cc.'('ollicr County l,inc. I,. Irrigation water will be provided with a separate non-Collier County oxvncd distribution system supplied by on-site wells, reclaimed water and/or other non-potable sources. 12B 3 7.6 7.7 WATER MANA(;EMENT In accordance with the rules of thc South Florida Water Managcmcm l)istrict, this project shall bc designed Ibr a storm event ora 3-day duration and 25-year return frequency. Thc applicant is allowed to not provide 10 percent littoral ×one planfin~ within cx'c~' lake provided that compensator' littoral plantings arc provided in other interconnected lakes within thc Projecl phase. '['he applicant xvill provide thc required tolal littoral zone plantings that would be required for the Pro. iect. ENV! RONM ENTA 1. Thc (;oilier County 'ST' overlay will bc eliminated. /\ conservation casement will bc provided for Ibc proposed preservation areas per Section 6.4. Based upon final S[:WMI) permitting there may be some minor adjustments to the proposed preservation areas. In order to avoid repetitive review o£ environmental issues in su}~scqucnt stages of Ibc County development approval process, upon approval oF thc Mcditcrra I'[J[). thc Environmental hnpact Statement (ELS) submitted in cot!junction with ibc application Ibr public hearing for PUD Rezone shall serve as thc ElS and thc requirement obtaining approval of an ElS pursuant to Division 3.8. Section 3.8.3 ~,F thc Collier County I~and Development Code shall be deemed satisfied Ibr all ]~aurc activities which take place whhin the Medite~a PUD boundaries that require ('ounb' pcrmhs fi~r or County approval of development or sile alieration. If thc Prcscr~alion Areas' boundaries significantly change, the County may require additional infimnation or an ElS supplement. Collier County shall defer environmental permitting regarding xvctlands. ~vctland impacts and wetland mitigation to tim SFWMI). I,BP shall coordinate ,,ith and copy Collier County on approved pcmfits. 1). I,ocation of gopher Iorloisc burrows and gopher torloisc relocation area(s) shall bc indicated on thc site development plans. A Florida Game and Fresh Walcr Fish Commission Gopher Tortoise Relocation or "Incidental Take l'crmit" will Nc obtained prior to construction in areas where gopher tortoise burrows cxisl. All conservation areas shall bc recorded as conscrvation/preservatitm tracts or easements with protective covenants per or similar to Section 7f)4.()6 of thc Florida Statutes. Conscn'ation areas including those that are recorded on a plat shall bc dedicated to 1,BP. their successor or assigns, or tllc Mcdilc~a ('I)13 fi~r thc rcsponsibilily of thc ctmfrol aud maintenance of lands wiflfin thc I'rcscrvmion Area. F. An exotic vcgctation removal, monitoring, and maintenance (exotic tkcc} plan lbr the site, with emphasis on thc preservation areas, shall bc submitted to Current Planning 12B 3 l..'nvironmcntal Slaff Ibr review and approval prior to final site plan/consm,ction plan approval. 'i'l~is plan shall include tile methods and time schedule for removal of exotic vegetation within preservation areas. Petitioner shall comply with all permit conditions and stipulations contained within US .a.m.~y Corps of Engineers and SFWMI) pein'fits issued for Medilerra which concern protected wildli re species. II. The Preservation Areas incorporate wetlands as well as buffers including t, plnnd and slructural buff'ers. The Prqject will be consislent with SFWMI) criteria including any wetland bufl;ering requirements. For these reasons, no additional bufferin_u contiguous to tile Preservntion Areas will be required. SECTION VIII CROSS ,ILIIUSI)ICTIONAI, PROVISI()NS 8.1 8.2 8.3 8.4 8.5 I'UI{I'OSE Ao The purpose of this section is to address and rcsoh'c potential inlcr-jurisdictional issues related to Mcdilcmt P[ II) rcsuhing I?om ils location in bolh ('oilier and l.cc (7ountics. pursuant to meetings and coordination bclwccn staff of both ('otmlics. AI)I)RESS! N(; As stated in Exhibit C - I.ctter da,cd February I% 1998 from United States I':~stal Service Postmaster C. M. Kigin. the main entrance lb, Mcditcrra is located within Collier County and tl~creforc tile entire prqject will bc delivered by thc Naples Post ()fficc. As to streets and roadwavs within Mcditcrra PUl) that cross thc boundary between l.cc and ('oilier ('ounties. I.BP shall select the names el' internal roadx~ays and determine in both counties that the name selected lb, each roadway is available and rcscn.'cd in each county for thc roadway bct'orc rcqucslin[2 chher comity Io assign st,ce! addresses or ntmlbcrs lo Iols or parcels totaled oil such internal Collier County and l,cc County representatives have agreed lo work cooperatively to ensure thc assignment of consistent street namcs and addressing on all internal roads crossing thc County boundary. EMERGENCY MANAGEMENT SERVICES Fire suppression, law enforcement ;,nd emergency medical services shall bc Ibc responsibility of thc county entity or service provider h;wing .jurisdicli{m m'cr pa~icular parcel or lot. U'FILITIES Thc plans for utilities serving Mcditcrra PUl) will bc submiltcd for review and approval to thc appropriate utility company that }las jurisdiction over tile subdivision improvements and/or golf course. i)EVEI,OPMENT REVIEW PIlOCESS Thc l)evclopment Review Process will bc pcrfimncd in accordance with thc Collier Ctmntv l.and l)evelopmcnt Code and tile l,ec County I)evclopmcnt Slandards ()rdinancc. I:or B 3' xuhdivixion improvcmcnls and/or goll' courx¢ lhal arc Iocalcd ',vilhJn hofl~ counficx. Ibc fotlmvin~ will apply: J:or ibc p~rlion of Ibc subdivision hllprovcnlcnJs and/or golf c,mrsc Iocalcd k~ilhin Collier Counly. the dcveh~pmenl plans and plats will hc submillcd Iht re'view and appnwtd. I.ikewisc. thr thc portion of Iht same subdivisi~m JlllprOVClllClllX alld/or ~oJt' COtlrSC h~calcd wilhin 1.cc ('ounlv. lilt dcvcJopmcnl lq:ms and plals will be SLlhnlillcd Io l,ce COtllll)' [~)r rcvic~ ~llld ;IpJll'OV~ll. Approval ol'subdivision improvcmcnls and/or ~o11' course impnwcmcnls within thc .jurJsdi¢lion of m~c ('ol. ltll.v will not be co111illg¢111 tlpon Iht review and approval of ibc ('ounlV not having .jurisdiclJon re'er Ibc iml~rovcmcnlx. g.6 I~I,A'i"I'IN(~ Individual residential lots shall bc planned s(~ lhat Ihcv ;n'c h~catcd in ~,nc c~,unlv or thc olht.'r. Plats fbr Mcdilcrra Piti.) shall be approved and recorded by each ('ountv fbr hind located within its.jurisdiction. Ituilding permits for lois ill one county within a ph~ttcd subdivision severed by thc COLIIIIV hounda~' shall not he issued by thai cotmtv until thc remaining thc subdivision located in thc other county has been approved and recorded in accordance with thc respective county subdivision plat ordinance and land development code. LOCAT1ON MAP EXHIBIT A PREPARED FOR: LONG BAY PARTNERS, LLC EXHIBIT B PUD MASTER PLAN PREPARED FOR: LONG BAY PARTNERS,LLC ~ o~ ITl o~ ~m >×0~ ~ ~ ~m.-qzz' 0 12B 3 EXHIBIT D RIGHT-OF-WAY TYPICAL SECTIONS t i I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDIN~CE NO. 99-41 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E. BROCK '"~." : " Clerk of Courts and3'2C!~rk Ex-officio to Board~of¥'~;~ County CommisslonerSv-': By: Ellie Hoffman, Deputy Clerk · Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHISSLONERS ATTN: TONYA PHILLIPS PO BOX 415016 NAPLES rL 34101-3016 REFERENCE: 001230 #490144610649 57883452 98-36 NOTICE OF INTE State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples 0nily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Nap[es, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED 0~: 05/28 AD SPACE: 118.000 INCH FZLED ON: 05/28/99 Sworn to and Subscribed before me this ~<~ day of ~ ~cl~ 19C~c~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notk::e Is hereby given thor on TUESDAY, JUNE ~, 1~, In Coll~ ~ ~e~- ~ Ce~, 3~1 E~t C~Rty Commissioners will c~ld~' ~e e~. ~e. The m~ wtll l commie ~ 9~ AN OROINANCEI A~NDING C~LIER COUNTY ~OlNAN~ NO. ~-~ BY REVt~ lNG ~CTION FOUR; PROVIDING F~ THE AUTHORITY FOR 911 E~ERGE~Y ~A- T~S TO INSTRUCT INDIVIDUALS ON T~ U~ AND ~ERATION OF AUTOMATIC EX- TERNAL ~FI~ILLA- TORS; PROVIDING FOR CONFLICT AND SE~R ABILITY; PRO- VIOING FOR INCLU- SION IN THE COLLIER COUNTY CODE OF LAWS AND ORDI- NANCES: PROVIDING FOR EFFECTIVE DATE. C~ller C~ EMS/ Emergency Semites re~e~ an amen- mens to Ordlnonce 98-36, r~dlng o~o- m~lc e~l ~fl~ll- C~I~ ~ ~e ~ Ordi~e ~e ~ file flo~ All I~ ~ be NOTE: All persons O~ ~em must reg~s- t~ w~ ~e mlnlsfrator ~ ~ INIvI~I ~s ~11 on ~lvt~l ~ ~ b~f d ~ ~lz~ rec~lz~ by ~ Choir- o ~o~ ~ ~lz~ ~es ~ ~ ~ ~ ~em. Persons wishing to h~e ~n ~ ~hlc 'Boord ogen~ pockets must submit ~ld m~rlol o mlnim~ of 3 we~s pri~ ~ ~ re~ve p~llc heorlng. In ~ ~ ~ C~S~ m~ ~ ~e ~1~ C~ S~ ~ mlnlmum ~ of seven d~s ~1~ ~ ~ p~llc h~l~. All ~1 us~ Iff prese~ ~ bef~e ~e ~d will ~- c~e ~ ~r~ne~ ~ ~e Any per~n ~o the B~d will ~ o ra- ced ~ ~e ~r~e~l~ pedolnlng fl~erefo ond ~eref~e, ~y ~ed enswe ~ ~ v~m r~d of ~ Is ~, which rec~d chis ~e te~v ~ e~d~e ~ ~1~ ~e BOARD OF COUNTY COM~I~ION~S COLLIER COUNTY, FLOR~A PAMELA S.~AC'KIE, ~AIRWO~N DWIGHT E. BROCK, CLERK B~/s/Lille ~gY ~ Ng, 141~4~ COLLIER COUNTY FLORII}A REQUEST FOR I.EGAI. ADVERTISING OF PUBI.IC liEARIN(;S To: Clerk I. the Board: Please pl:~ce lite fi~llmvin~ ~ Nor]mil legal Advcrlisemcnl ~ Olhcr: {Display Adv.. location, elc.) A. For he;trines bcfm'c IICC or BZA: l.isl Alfi~chm¢.ls; I)ISTIilIII~TIf)N INSTRUCTIONS Initi;ttin~ I)cr,,,m I, Cmnlflt.'t(.' m;c c{)y ti,rtl {;hhlin i)ivi.xi(,t llv;t(I ;tl)llr()v;ll hrl'4n'r fi~r same, is suhmlttcd It) Collllly/~l{t)l'llCy I)Cfill'r ~uhmilli.~ I, Counly Nl:m;,~cr. Thc Mt,nancy's office will (listril)uf¢ c,~pics: [] CilIIItI.~, M;,mt~t'r :t~rtttl:~ file: t, [] Rctit~c.,it/tL~ I)i~ish,,t [] Ori~irt:H Clerk's Office B. Other hcari,~gs: hfiliating Division head to ;q~proxc :md ~tlblnil origiu:fl [o Clerk's Office. rcl:~inmg u copy fi~r Iile. FOR CLERK'S OFFICE USE ONI,Y: Origiualing Dcpt/1'),.': EMS/Emergency Services I>¢rsou: Jorgc A~uilcra l)a~c: $/12/'~u Petilion No. (If none. give briefdcscriplion): N/A l>ctilioncr: (Name& Address): N/A Name & Address of any person(s) Io be notified Ilcaringbcforc BCC N BZA Other Rcqucslcd Hearing el;ilo; (B:~scd on :~clxcrliscmcnl ;q~pc:l~ l{~'cl:n ~ before hc;~riu~ Ji,nc g. 199,) Ncxxslmpcr(s) Io be used: (Complclc onl X N;~plcs Dailx Ncxxs ~ Olhcr ~ l,cg:flly Rcqmrcd Proposed TcxI: th]chide Icgnl dcscriplion & commou Joc;lliO~l & ~i/c: ('OlIIH~tHlilX A~Hom;llcd [~xlcrll;ll ['rogr;un Companion I~lilionfs). if;my & prolmscd hcarhlg Docs Pclilion Fcc hlcludc acl~crlising cosl? ~ Yes X No I~' Yes. x~h;ll ;~ccounl should bc ch:lrgcd I~r ,dvcrlismg cosls: Rcvicxvcd bx: . Division Admmislralor or Dc~i~ucc (~]~11~ '~s C(rv']ZR) P^M, PFP~-Y.T. NAPLES DAILY NEWS 26~-470~ ELLIE HOFFMAN May 17, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Ordinance Amending Ordinance 98-36 Dear Pam: Please advertise the above referenced notice one time on Friday, May 28, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 490-144610-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUES~A__Y, ~UNE 8~_~%L in the Boardroom, 3rd Floor, Administration Building, Collier Coul~ty Government Center, 3301 East Tamiami Trail, Naples, Flcrida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: D~ ORDINANCE AMENDING COLLIER CO~;TY ORDINANCE NO. 98-36 BY REVISING SECTION FOUR; PROVIDING FOR THE AUTHORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON THE USE ~D OPERATION OF AUTOS~TIC EXTERNAL DEFIBRILLATORS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE. Collier County EMS/Emergency Services requesting an amendment to to Ordinance 98-36, regarding automatic external defibrillators. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ORDINANCE NO. 99- AN ORDINANCE AMENDING COIA,IER COUNTY ORDINANCE NO. 98-36 BY REVISING SECTION FOUR; PROVIDING FOR 'FILE AUTItORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON TIlE USE AND OPERATION OF AUTOMATIC EXTERNAl, DEFIBRILI,ATORS; PROVIDING FOR CONFLICT AND SEVERABIIATY; PROVIDING FOR INCLUSION IN TIlE COIA,IER COUNTY CODE OF i.AWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE WHEREAS, thc Board of County Commissioners of Collier County. Florida. has adopted Ordinance No. 98-36, Establishing thc Community Automatic External Defibrillator. (hcrcinaltcr rcfcrrcd to as "AED") Program; and WHEREAS. thc Board of County Commissioners recognizes that in some instances individuals v,'ho bavc not gone through thc training required under Section Four of Ordinance No. 98-36 may be tile individual in tile best position to quickly anti efficiently administer defibrillation therapy; and \VHEREAS. tile 911 Emergency Operators arc trained in the instrt,¢tion and usc of AEDs. NOW, TttEREFORE. BE IT ttEREBY ORDAINED BY TIlE GOVERNING BODY, THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: SECTION ONE: Section Four of Collier County Ordinance No. 98-36, entitled "Requirements and Procedures" is hereby amended by adding a new subparagraph to authorize the 911 operators to instruct individuals who have not participated in the AED training program lo use an AED, as follows: SECIION FOUR: ~ The following shall be the requirements and procedures for use, training, data collection and data recovery of the AED program: a) No AED shall be used in Ihe incorporated or unincorporated area of Collier County without first complying with the requirements and procedures set forth in this section, Words ~ are added; words .m~-g-Oma%4q are deleted. 1 · ' 'v~ ~ ' It shall be the responsibility of thc owner of the AED to enst, re that only trained individuals operate, or have access to. dm AED. b) The purchase of AED's will be done only after a written request is made Io Iht Collier County Emergency Medical Services Department by the individual, organization or company rcquesting tile purchase of an AED. Tile written request must contain thc name, location, number of units, number oFpeoplc to service and type and manufimturer oFthe AED. c) Upon receipt o1' thc written request to purchase, thc EMS Department will coordinate a training class for Iht requesting party, and all intended users of thc AED, on tile proper operation of AEDs. Training will consist ol'orm tl~rce hour class which .,','ill include: IV. AED I. tlistory ol'Suddcn Death 11. Signs and Symptoms of Cardiac Arrest III. American Heart Association one person Cardio-Puhnon:~ry Resuscitation Proper Use. Maintenance ami Periodic Inspection of thc d) Upon successful complction oF the required training, tile Collier County EMS Department will isst, e a Certificate of Completion. The Collier County Medical Director will then issue a prescription For the pnrchase of an AED which has been approved, and authorized for purchase, by thc Food and Drug Administration. e) Users of thc AED '.,.'ill £ollov.' the policies and procedures de','eloped and authorized by thc Collier County Emergency Medical Services Depamnent Medical Director. These policies and procedures will be provided to thc individual, organization or company requesting the purchase of an AED upon tile successful completion of the training required by Ibis section. Rcccrtification of users and inspection of the AED will be done on an annual basis by lhe Collier County Emergency Medical Services Department. Reccrtification of users .,,.'ill consist of one, one and hail'hour class which ',,,'ill review thc techniques for using the AED and check for compliance with the AED program. g) Thc Collier County Emcrgcncy Medical Services Department ',rill conduct quality assurance lesdng after use of thc AED. The quality assurance testing will bc on thc proper usc, placement and maintenance of tile AED. An additional use of such testing will be to gather statistical information on tile benefits AED availability provides to the community. h) Any person .,','Ilo uses an ,'xED is required to contact tile EMS Dcpartnlcnt as soon as reasonably possible upon use of thc AED. Words ~ ar,,.' added: wolds sm~,~fl:mm~, arc deleted. i) Upon notification ofthc usc oran AED, thc EMS Dcpartmcnt will be responsible for the collection and recovery of data generated by thc AED. Thc owner of thc AED will not unreasonably withhold consent to thc retrieval of such data or to any quality assurance testing. The manner in which data is recovered will bc dictated by thc capability o1' thc particular AED unit, since thc method of data collection differs depending upon thc typc of AED. All data, once recovered by the EMS Department, will bc stored at a ccntralizcd databasc to be located and operated by thc Collier County EMS Department. SECTION TWO: CONFIACT AND SEVERABILITY In the event this Ordinance conflicts wilh any other ordinance of Collier County or other applicable law, thc more restrictive shall apply. If:my phrase or porlion oFthis Ordinance is held invalid or unconstitutional by any courl of competent jurisdiction, such portion shall be deemed a separate, distil:ct, and independent provision and such holding shall not affect the validity of Ibc remaining portion. ~, Words ~ arc att&d; words ~ are deleted. 3 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become cffcclive upon filing xvilh thc Dcparlmcnt orStale. PASSED AND DUI,Y ADOPTED by the Board of County Commissioners of Collier Count)', Florida, Ibis __ day of , 1999. ATTEST: DWIGIIT E. BROCK, Clerk By:. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI.ORII)A Deputy Clerk By:_ PAMELA S. MA("K1E. Chairwoman Approved as to form anti legal sufficiency: Melissa A. Vasquez Assistant County Attorney Words llllll.¢.t~ arc added; words sm~,o,u-gh are deleted. 4 ! 2 3 4 5 6 7 8 9 10 I1 12 13 14 ORDINANCE NO. 99- AN ORDINANCE AMENDING COI,I.IER COUNTY ORDINANCE NO. 98-36 BY REVISING SECTION FOUR; PROVIDING FOR TilE AUTtiORITY FOR 911 EMERGENCY OPERATORS 'FO INSTRUCT INDIVIDUAI,S ON THE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIBRILLATORS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN TIlE COLLIER COUNTY CODE OF I,A~VS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE WHEREAS, thc Board of County Commissioners of Collier County, Florida, has adopted 15 Ordinance No. 98-36, Establishing the Community Automatic External Defibrillator. (hereinafter 16 17 18 19 referred to as "AED") Program; and \VtlEREAS. tire Board of County Commissioners recognizes that in some instances individuals who have not gone through thc training required under Section Four o£ Ordinance No. 98-36 may be thc individual in the best position to quickly and c£~cicntly administer 20 defibrillation therapy; and 21 22 AEDs. 23 WHEREAS, tire 911 Emergency Operators arc trained in thc instruction and usc of NOW, 'FItEREFORE, BE IT HEREBY ORDAINED BY TIlE GOVERNING BODY, 24 THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FI.ORIDA that: 25 SECTION ONE: Section Four of Collier County Ordinance No. 98-36, entitled 26 "Requirements and Procedures" is hereby amended by adding a new subparagraph to authorize Words ktllglcrlincd are added; words mmc4;4~ are deleted. 10 I1 12 13 15 16 17 18 19 20 21 22 23 24 25 26 I the 911 operators to instruct individuals xvho have not participated in thc gED training program 2 to use an AED, as follows: 3 SECTION FOUR: Requirements and Procedures 4 Thc folloxving shall be the requirements and procedures for usc, Iraining. data collection 5 and data recovcD' ortho AED program: 6 a) No AED shall be used in the inco~orated or unincoq~oratcd area of ('oilier 7 County wilhout first complying with thc rcquircmcnts and proccdurcs sct fi, rrb in this section, 8 except as hereinafter provided in st bscctionj. It shall be the responsibility of thc owner of thc 9 AED to ensure that on}y trained individuals operate, or have access to. thc AED. b) Thc purchase of AED's will be done only after a written rcqucsl is made to thc Collier County Emergency Medical So.ices Department by thc individual, organization or company requesting thc purchase oF an AED. Thc written request must contain thc name, location, number of units, number of people to so.ice and type and manu fitcturcr of the AED. c) Upon rcceipt of the xvritten request to purchase, tile EMS Dcpartmcnt will coordinate a training class For thc requesting party, and all intended users of thc AED, on the proper operation ofAEDs. Trainh'~g will consist of'one three hour class which will include: [ V. AED l'tistory of Sudden Death Signs and Symptoms of Cardiac Arrest American Heart Association one person Cardio-l't,h'nonary Rcsuscitation Proper Use. Maintenance and Periodic Inspection of the d) Upon succcss£ul completion of the required training, the Collier County EMS Department xvill issue a Certificate of Completion. Tile Collier County Medical Direclor will Words underlined arc added; words s~ruck fi;tm;gl; are deleted. 2 I then issue a prescription for thc purchase of an AED which has been approved, and authorized 2 for purchase, hy thc Food and Drug Administration. 3 c) Users of thc AED will follow thc policies and proccdm'cs developed and 4 authorized hy tile Collier County Emergency Medical Services Department Medical Dircclor. 5 Tilesc policies and procedures will be provided to tile individual, organization or company 6 requesting thc purchase of an AED t~pon thc successful completion o1' thc training required by 7 this section. 8 I') Rcccrtification o1' users and inspection of thc AED will bc done on an annual basis 9 by the Collier County Emergency Medical Sen'ices Department. Reccrlification of users will I0 consist of one, one and half hour class which will review thc lcch~liqucs for using thc AED and I 1 check for compliance with the AED program. 12 13 g) The Collier County Emergency Medical Services Department will conduct quality 14 assurance tcsling alter usc of thc AEI). Thc quality assurance testing will be on thc proper usc, 15 placement and maintenance of the AED. An additional usc of such testing will be to gather 16 statistical infommtion on thc benefits AED availability provides to thc community. 17 h) Any person who uses an AED is required to contacl thc EMS Department as soon 18 as reasonably possible upon usc of thc ,,XED, 19 i) Upon notification of the use of an AED, thc EMS Department will bc responsible 20 for tile collection and recovery of data gcncraled by thc AED. Thc owner of thc AED will not 21 unreasonably withhold consent to thc retrieval of such dala or to any quality assurance testing. 22 Thc maturer in which data is recovered will be dictated by the capabilily of the particular 23 AED unit, sirtce the rncthocl ofdata collection differs depending upon thc type of AED. All data. Words I.lllderli!lcd arc added: words .truck ,,,hmutbh arc deleted. 3' I once rccovcrcd by the EMS Dcpartmcnt, will be stored at a centralized dntabasc to bc located and 2 operated by ibc Collier County EMS Department. 3 j) In the event an individual not trained in the use of an AED is thc only person 4 available lo operate thc AED, and Enlcrgcncy Medical Services h;~s bcc~l ;tctix'alcd. a~i AED- Er~lerger~cy Medical Dispatch certified 911 Operator shall be authori;,_ed lo instruct that individual on thc proper operation and usc of the AED. All 9thor provisions of this section which arc not inconsistent with sub-section/_i.) remain in full force and effect. 5 6 7 8 9 I0 SECTION TWO: CONFLICT AND SEVERABIIATY I I In tile event this Ordinance conflicts with any other ordinance oF ('ollicr ('ounty or other 12 applicable law, the more restrictive shall apply. Ifany phrase or portion ofthis Ordinance is held 13 invalid or unconslitutional by any court of co~pctcnt jurisdiction, such portion shall bc deemed a 14 separate, distincl, and independent provision and such holding shall not affccl the validity of thc 15 remaining portion. 16 SECTION TIIREE: INCLUSION' INTO TIlE COLLIER COUNTY CODE OF L:XWS 17 AND ORDINANCES 18 Thc provisions of this Ordinance shall become and be m;~dc a part of thc Code 9t' [,;l~ 19 and Ordinances of Collier County, VIorida. The sections of the Ordinance n~;~y [~v rcnu~bcrcd or 20 rclcttercd Io accomplish such. alld lilt word "ordi~ancc" may bcxha!~gcd to '_ .... ii ~ .... K '. -" ~ 21 any other appropriate word. Words ~grlincd arc added: words ~:ck ~l~h are deleted. 4 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with thc Department of State. PASSED AND DUI.Y ADOPTED by the Board oF County Commissioners of Collier County, Florida, this ~ day of ,1999. ATTEST: DWIGHT E. BROCK. Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to fom~ and legal sufficiency: Melissa A. Vasqucz Assistant County Attorney PAMELA S, MAC'KIE, Chaim, oman M¢lissaX,ordinanccs\amcntln',cnl Io Al!l) Words ~ are added; words ..... t. ,~ ........ ~ ............... ~,} are deleted. 5 l"'. B 4, ORDINANCE NO. 99- 43 AN ORDINANCE AMENDING COIAAER COUNTY OI~,DINANCE NO. 98-36 BY REVISING SECTION I;OUR; PROVIDIN(; FOR TIlE AUTllORITY FOR 911 EblERGENCY OPERATORS TO INSTRUCT INDIVIDUAI,S ON 'FILE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIIIRllA,ATORS; PROVIDING FOR CONFI,ICT AND SEVERABII,ITY; PROVIDING FOR INCIA/SION IN TIlE COI,I,IER COUNTY CODE OF I,AWS AND ORDINANCES; I'ROVil)IN(; FOIl EI.'FECTIVE DATE WIIEREAS, Iht Board of Cotmly Commissioners of Collier County, Florida, h;ts adopted Ordinance No. 98-36, Establishing the ('Olllmtlllily Aulo~nalic Exlcrnal I)cfibrillator, (hcreinalicr rcfc~cd lo as "AED") l'mgram; and WI IEREAS. Iht Board of Co,nty Commissioners recognizes Ih;it in some instances individuals who have nol gone through the Iraining required under Scclion Four of (')rdinancc No. 98-36 may bc IJlg individu;tl in thc hesl position lo quickly and ul'ficicnfly administer defibrillation therapy; and WIIEREAS. the 911 Emergency Operators are trained in Ihu instruction and usc of AEI)s. NOW, TIIERI~FORF., BE IT IIEREBY ORDAINED BY 'FIIE GOVF. RNIN(; TIlE BOARD OF COUNTY COMMISSIONERS, COLI.IER COUNTY, FI.ORII)A Ih;d: fiECTIONONE: Section Four of Collier Counly Ordina.cc No. ')8.36, untilled "Rcquircmcnls and Procedures" is hereby amcndcd by adding a new s,bpar;sgraph m ;u~thorizc thc 911 operators to instruct individuals ~vho have not parlicipatcd in thc AED trainiag program to use an AED, as Follows: SECTION FOUR: The R~llowing shall bc thc requirements ami procedures [bt usc, training, data collection and data recovery of thc A ED program: a) No AED shall bc used in thc incorporated or unincorlmratcd area o[' ('oilier County wilhoul first complying with Ibc requirements ami proccdttrcs set Ibah in lhis scction, Words Iat.d~ arc added; words ,$tn~4¢-II,am~gh are. deleted. I except as hcrcinal.~r provided in subsection j. I~ slu, II he the ,'csponsibiliW of Iht t~wncr of AED to unsure Iha[ only Ir:fined imlividuals operate, or have access Io, Ibc AEI). b} Tim purchase of AEI)'s will he done only aflur a wrJttctl rcquesl is mmic Io ('oilier County Emergency Medical Services Department by thc individual, organiz;ditm or complmy rcqucsli{lg Ibc pttrchasc of ;m AED. Thc wrillc~l rcqucsl {lltlSI conlain lhc location, mmdmr of units, mmdmr oF people to sen'icc and type and m;mufi~clurcr of thc AE[ ). c) Ill'mis rcccJpl of Ibc wriucn request Io purcllas¢, fl~c F. MS Dcparlmcnt ,,',,ill coor(llrml¢ a trltining class fi'~r thc rcqucsling pt, fly. and all inlcndcd users of Iht Al!l), on proper opcralion of AF.I)s. Training ,.'.'ill consisl of one three hour class which will inclmlc: IV. Al!l) I. I lismry of Smldcn I)cath I1. Signs and Symploms ofCnrdiac Arrcsl III. American I lcarl Associalion one pcrsm~ ('ardio-I'ulmon:,'y Rcst~scilitlio~l Proper Usc, Maintenance arid Periodic h~spcclion of tl~c ti) I Jp(m succcsslhl cornplclion of thc rcqtlircd training, Ibc ('oilier ('orally I~MS l)epaHment will issue a ('crlificalc of ('omplcfion. Thc Collier Cmmty Nlcdic,I Director w/ti then isstlc a prescription fi,r thc purchase of an AEI) which has hccn approved, ami authorized fi~r purchase, hy Iht Food and Drug Administration. c) Users of Ihe AEI) will fBllow the policies alld procedures developed and authorized by thc Collier CoHnly Emergency Medical Services Department Medical Director. These policies and procedures will he provided Io thc individual, organizalion or company requesting thc plrrchasc oCan A['~I) upon Iht s.cccssfid completion of Iht Ir:fining required hy this seclion. Rccc~ilicafion of'users and inspection oftlle AED will bc dtmc on ar1 arlntml basis by the Collier Cotmty lhncrgcncy Medical Scmiccs Department. Rcccrtilication o{' users will consist of (mc, one ami half hour class which xvill review Ihe techniques li~r using thc AI':I) check fi,r compliance with the A EI) program. g) Thc ('oilier ('om'fly F.n~crgcrlcy Mcdic:,l Services I)cparlmcl~t ,.viii conduct quality assur;mcc lcsting after usc of thc AI':I). Thc quality assurance Icsting will hc on thc proper usc. placement nmi mailllcnancc of the AED. An additional use of such justing will bc h* gather statistical infi)rmatiml on thc bcnclhs AEI) availability provides lo thc ctmlnnlnity. h) Any pcrst)n who uses an AEI) is required lo contact Iht EMS I)cparlmcnt as soon as reasonably possible tlpt}~l rise of Ibc AEI). W(~r(l~ tlllil~l:Jill['LJ arc added; w.rds slme 'l~hmugh are dclclc,I. i) tJpon notilication of the nsc ~ran AED, the EMS Dcp~rtmcnl will be responsible for the collection JtlJtl rucovc~ of data generated by thc AED. The owner of thc AEI) will not unreasonably wilhhokl consent Io the retrieval ol'such data or 1o ally qmflily ~ssur~mcc Icsling. TI~c manner in which dala is recovered will b¢ diclalad by Ibc capability o1' Iht pm'licular AED unit, since the method of data collection differs depending iipoll rite type oF AED. All dala, once recovered hy Iht EMS Dcpaamcnt, will he stored ~ll i~ ccnlrnlizcd dal;fl)asc to hc loc;tied ~llld operated by linc Collier (:ounty EMS Dcpa~mcnt. SECTION TWO: CONFLICT AND SEVERABII,IT¥ In the even! this Ordinance conflicts with any olher ordin;mcc c,f Collier County or other applicable law, thc more restrictive shall ,apply, Il'any phrase or portion oflhis Ordinance is held invalid or unconstitutional by :my court of competent jurisdiction, such portion shall hc dccmcd ~.t scparal¢, distinct, and independcnl provision ami such hokling shall not affect thc v:fiidity c,l' the remaining portion. x,V~rd:.; ~ i~re added; x','~.~r~la r, lm~3.1~b,~,~.~gh are deleted. 3 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with thc Dcparlmcnt of State. PASSED AND DUI,Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this f2"',( day of.~:~~ , 1999. ATTEST: DWIGHT E. BROCK, Clerk ;. D/Outy Clerk Appi'ovcd as to form and legal sufficiency: Melissa A. Vasqt.cz Assistant County Attorney / BOARD OF C~ISSIONERS OF COI. LI~R~COyNTY. FLORIDA Words umlcrlined are added: v,'nrds ~ are deleled. 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-43 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E. BROCK Clerk of Courts and:Clerk Ex-officio to Board'of County Commissioners. By: Ellie Hof fman,'. Deputy Clerk Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Deity News BOARD OF COUNTY COHH]SS[ONERS ATTN: TONYA PHZLL[PS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 4082101056481 578~3392 97-48 NOTICE OF [NTE State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a dai,y newspaper published at hapLes, h~ Collier County, FLorida: that the attached copy of the advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each c~ and has been entered as second class mail matter at the post office in Naples, in said Co[tier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proatsed any person, firm or coporation any discount, rebate, commission or refund for the p~rpose of securing this advertisement for publication in the said newspaper, PUBLISHED ON: 05/28 AD SPACE: 124.000 INCH FILED ON: 05/28/99 Signature of Affiant ~[/,~' ~' / :/~",/"" ' s rn to ubscr b before me tn,s day of 97-4S NOTIC~ OF INTENT TO CONSIDER ORDINANCE Notice Is hereby Divert that on TUESDAY, JUNE I, 1~, In Boardroom, 3rd A(knlnlslr oriel Building, C~ll~ ~ ~ Ce~, 3~1 E~t T~loml Trall~ ~1~, FI~I~, ~e ~rd of County Commissioners vdll CO~lsl(k.r ~e me~ of a Cour~ Ordl- ~a. The meeting will commie ~ 9~ ~, AN ORDINANCE OF COLLIER COUNTY~ FLOR~A, A~NOING SUBPARAGRAPH 3.2.B.1 OF COLLIER COUNTY ORDINANCE NO. 97.41, TO IN. CREA~ ~tE MONTH. LY SEWER USER RA~S W ~ N ~CO WA~R ANO ~R ~S~l~ BY PROVIDING ONLY FOR PA~.T~OUGH OF RATE IN~EA~S INCURRED BY THE DISTRICT F~ ~RV. ICE PROVIDED TO THE DISTRICT FLORIDA WATER ~RVICE CORPORA- TION; ~OVIOING CONFLICT AND RABILIT Y; PROVIDING FOR INCLUSION IN THE C~E ~ LAWS AND ~OINANCES OF COLLIER COUNTY, PROVIDING AN EF- FECTI~ DATE. Public W~S Deportment of Collier County~ reeuesflng on amendment fo Collier County Ordlnonce No. 97-~ ~1~ ~ ~ ~r~d ~dl~e me ~ file w~ me CI~ ~ ~ ~d ~e In~ ~ ~d NOTE: All persons ~lng ~ ~ ~n~ ~em m~t regis- mlnlsfrotor PRI~ ~ limed to 5 ml~ ~V ffem. The sel~ rec~nlz~ by ~ C~lr. m~, a ~e~r~ ~ ~ oiled 10 mln- B~rd ~ndo ~ke~ ~t ~lt ~ld m~rl~ o minimum of 3 w~ks ~ ~ ~e re--ye p~llc h~ln~ In onv C~ s~ a minimum of ~ven ~ys ~1~ ~ ~e ~e ~e ~d ~11 ~e rec~d. Any Dm'~ ~o ~1~ es to ~e~ a ~lsl~ ~eHolnlng ther~o ~nd e~e ~ a v~m ~ ~, which rec~d ~v~e ~ ~1~ ~e ~OARD OF COUNTY COM~I~O~RS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWO~N DWIGHT E. BROCK, C~RK B~/~/EIIle ~ ~CI~ ~o. 141~$41 COIAAER COUNTY FLOI*,II)A REQL'EST FOR I.EGAI. ADVERTISING OF PUBi. IC IlEARINGS To: Clerk to tlle Board: I'lcasu place lhe following as a: X Normal legal ..\dvcrtiscmcnt (Display Adv.. locatmn, etc. [] Other: Origmaung Dope.' DP,': Public \Vorks - Opcratmns Dept. Person: Susan Usher Petition No. ~lt'none. g~vc brief description): Ordinance Amendment Petitioner: ~Name & Address): Dale: ~ I.~ qt) Name & Address of an.',' person~ sl ~o be llotll'led by ('lcrk's Ol'l~cg: I[I' more ,pace is needed, attach separate shccl~ lleanng belbrc X B(Y' BZA (hhcr Requested tlearmg ,ta~e: tBased ,m a,tverUscmcn~ appearm~vs bcfi,re hearing. - ~ X Naples Daily News ~ (hhcr ~ l.cgally Rcqt. rcd Proposed Text: (Include legal description&commonlocamm& gize: ANORDINANCI:(II:COI.I.IERt't)t'NI'Y.F[.t)RIDA. AMENDING SUBPA~-XGRAPtl 3.2 B.I. OF COI.I.IER ('OI.'NTY ORDINANCF NO. O7-4S. TO INC'RH,XSE TIlE MONTHLY SEWER t:SER RATES WITIllN ]'lie MARC(3 WATER AND SEWER DISTRICT BY PROVIDING ONIY FOR PASS- TttROUGH OF RATE IN(TREASES IN'CURRI!D BY TIlE I)ISTRIC'I FOR SERVICE PROVIDEI) TO TIlE DISTRICT FROM FLORIDA WATER SERVICE CORPORATION: PR()VIDING FOR CONFLICT ANI) SEVERABILFI'Y: PROVIDING FOR INCLUSION IN TIiE CODE OF LAWS ANI) ORI)INANCES OF COLLIER COt'N3Y: PR()VIDING .XN FFFECTIVE I)ATE. THE NEW RATES: (see auachcdl Companmn pctmonl s). ii' an.'.' & proposed hearing date: Does Petitlorl Fcc illc]ude advertising cost'.' ~ Yes X N ~ Il'Yes. ~ha[ accotml should bc chatzcd" · :, c,~<:$ 4()S- 21()I05-6~S160 brite ~ I)ISTRIIiI'TION INSTRUC'FIONS Forhearipgsbcfl)reBCCorBZA: Initiating person to complete one coy and obtain l)ixisionlleadappr,valbefore submitting to County Manager. Note: If legal d,cument is involved, be sure that any necessary legal revio~, or request for same, is ~ubmitted t, County Attorney herore submitting to County Manager. The Manager'~ office will distribute copies: [] County Manager agenda file: 1o ~l,~etlueslin!11)ivision []()riginal Clerk's Office B. Other hearings: Inittatmg Dtvis~on head to approve and subnm original to Clerk's Office. retamtng a cop5' tbr tile. Date Received: ..47/1 /7Y_ mt¢ ocP~,b~,¢ ..... Date :\dvemsed: ..... ~' t OF PAGF~ ,~ PAM PI.'RRFt I 263-~ 7~'3 LOCATION: COt.r. Tm{ COUNTY COURTHOUSE FAX NO: {941) 774-8408 PHONE NO: (941) 774-8406 May 19, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Amendment to Ordinance 97-48 Dear Pam: Please advertise the above referenced notice one time on Friday, May 28, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 408-210105-648160 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 8, 1999_~ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, A3~ENDING SUBPARAGRAPH 3.2.B.1 OF COLLIER COUNTY ORDINANCE NO. 97-48, TO INCREASE THE MONTHLY SEWER USER RATES WITHIN THE MARCO WATER AND SEWER DISTRICT BY PROVIDING ONLY FOR PASS-THROUGH OF RATE INCREASES INCURRED BY THE DISTRICT FOR SERVICE PROVIDED TO THE DISTRICT FROM FLORIDA WATER SERVICE CORPORATION; PROVIDING FOR CONFLICT ~D SEVERABiLiTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING AN EFFECTIVE DATE. Public Works Operations Department of Collier County, requesting an amendment to Collier County Ordinance No. 97-48. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperscn for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior ~o the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PD~MELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL) (}RI)INAN(~E NO. AN ORI)INANCF. ()1: t'Ol.l.lL:l,t ('OtIN'I'Y, FLOI~,II)A, AMI:.NI)IN(; StllIPARAGRAI~II 3.2 II. I. OF COI.I.IER COUNTY ORI')INANCE NO. 97- 4g, TO INCRF. ASF. THE MONTIII.Y SEWER USF. R RATF. S \VITIIIN TIlE MARCO \VATF. R AND SF. WF.I~, I)IS'I'I,IICT IIY I'ROVIDIN(; ()NI.Y FOR PASS-TIIROUGII O1: I,I.A'I'I~ INCREASES INCURRED BY TIIF. I)ISTRICT I:OR SERVICF. Pl,t()VIl)l!D TO Till.: DISTRICT FROM FI.ORIDA W:Vl'l!l~l SF.I~,VICE COI,U'OI.tATION; I'ROVIDING FOR C()NFI.ICT AND SEVF. RAIIII.ITY: PR()VIF)INt'i FOR INCI.USION IN Till! ('OI)E ()F .,\NI) ORI)INAN('F.S ()F ('()I.I.II.'.R {.'()t~NTY: PROVIDIN(; AN I FI:I!('TI\;I! I)ATIL TI IE NF.\V RA I'I!S: ], .~cwcr (ii) I~,esidcnti;d Ii) Single family rcsidcnccs, mulli-fiunily residence.'.;, apartmenl residences. mobile home residences, I{ach OllC tl~lth living llnil Each additional bath pc~ living unil $24.~C 5.45 {b) Non-Rcsidcnliaf. Each fimilily shall bc billcd bascd upon thc Iolal of file Ibllowing units conlaincd lhcrcin. (i) I hltcl, motel :md trailer rental units: Each tnlil (ii) Cmnnlcrci;,t. olT~ce./nstitutimml. rccrcalitmal and industrial milcl units (not to inclmlc imhlslrial ~vastc). {Inslitutional shall include but not be limilcd Io churchcs. Pml~crly owners, association fi~cililics, government sen'icc fiscilitics, fire slalions and schools): Each Ioiicl mill S43.74 (iii) ('Olnmcrcialamlcoinlaumh5' washer units: Each washer tJnil S2 (iv} Rcslaunml and lounge scaling unils; Each scaring mill S 3.79 \VI IIiREAS. thc Marco \Valor ami Sewer District ("District") prm'idcs scxvcr set\icc LtD $Olllc areas of Mai'co lshmd lhal arc llOI sct'vcd I~y Fh',rida \Valor Service ('orporation (FWS('}; and WI IERF. AS. Iht I)isirid is bitlcd Ibr service from F\VSC pursuanl lo a bulk SCW;LgC Ircatnlenl AgrccmcIlt I~¢lWCml thc I)istrict and F\VS('; and WI IEREAS. FWSC has incrcascd thc races il charged thc l)isu'ic! fiw Ibc subjccI bulk sewage Ircatmenl. effective Scplcmbcr 20. 1996; and WtIERI:.AS. I'mrsual~t lo the "\\:astcwalcr Adjusmmnl ('h,use" in Sul'~scclion 3.2 of ('ollicr County ()rdinancc No. 97-48. lhcsc talc increases mc Io pass-through thc ct)si increases incurred by I:W,',;(,s talcs i'mM by tim I)i:-;Irict; an,,l WIII{RF.,\S, thc Buard of ('Otlllty ('omnfissioners of ('oilier County. I:lm'ida is Wc t!×- ()1'1i¢ic, (;m'¢ruing Ih~ard of thc Marco Water and Sewer District. N()W, 'I'III,:I~IEFOI~,I,:, BI,: IT ORI)AINI.~I) 1½Y TIlE I~OARI) ()F ('¢)I;NTY C(),MMISSI()NF.I,t,q ()1,' ('¢)I,I,IEI~, ('OUNTY, FI,()RII)A, AN EX4)I,'FI('I() '/111:. (;OVERNIN(; IIOARI) ()1: 'I'IIE MAR('() WATI.:I,t AND SF. WEI,~ I)ISTIH('T OF ('( )l ,l ,l iql~. ('()UNTY, FI.()I.tlI)A, Ihal: SI,',('Ti(IN ¢)NI'L AMI!NI)MI'.NI .q I(} St !l?,Sl!('l ION 3.2. H,, I. ()1: ('()l.l.lliR ('()t IN'I Y ( )RDINAN('F. NO q7-4g. guhscclion 3.2. B. I. oF('nllicr ('nuuty Ordinance N~, 97-48 is hcruhy amcmlcd to ~cml as ~bllows: Scclitm 3.2. Monthly Ralcs. Fccs illld ('hill'gcg. B. Momhly user fcus Ibr tile Marco \Valor and Sewer l)islrict. (a) Rcsidcnli;ll Single fhmily residences, mtllti-fimfily residences. [ipilrlll1011t rcsidcnces, mobile home residences. Each one bath living unit Each additional balh per living unit 524.62 S 5.45 Non-Residential. Each facility shall be billed based tq~on the total of Ihe following units contained therein. ii) I lotcl, motel and trailer rcnhfl unils: ]:.ach tlnil .gl2J)l. Commercial. office, instih~tional. recreational and industrial Ioilcl trails (not to include industrial waslc). (hmtilutitmal shall include bul mq he limited lo churches. I~ropeNy turners. association facililies, government service facilities, fire slaliOllS and schools); Each toilel unit (iii) ('ommcrcial and coin laundry washer units; Each washer unit ..gtg-3O S21.89 ti'..') I{eslat,ranl ;md lounge seating units: l'~ach sc;sting unit -~- SECTION TWO. CONFI.ICT AND SEVI'.'RABII.ITY. Thc l'~rovisiorlS ofdfis ()rdir'umcc shall I",c liberally ccmstrucd w, cf£¢clivuly carry c, ut il~ ptlrp,.',scs ill Iht im,.:xod ofl'mblic hcallh, sal',.'ty, w¢lt'ar,:, and corn t_'nicncc. Il'any s¢clh',n, phr:lsc. $cnlcncc m' i",mlior~ oFflliS ()rdmancc is l'or any reason h,zJd JllvaJid or tll~COX~$1ilutioltal bv ',wcv onirt rd'competent .jurisdiction. such portion shall he deemed a scparatc, distinct, and imlcpcndcnt provision, ami such holding sh:dl ,mt affect thc valitlily o£thc remaining imrtions hcrcol'. SI,X"I'If)N 'I'IIRI,~I.~. IN('[.[ RqI()N IN Till:. t.'ODE OF LAWS AND ()RI}INAN('I!S. Ibc pr,visimm of Ibis ()rdinancc shall become :md bc made a prat ol'lhc ('ode of l.aws mid ()rdm:mccs of Collier ('ounI,v. Florida. Scclions of thc Ordinance may bc rcmmfl~crcd or rclcllc~cd accomplish such. and Ihc word "ordinance' may hc changed lo "seclion". "arlicle'. or any olhcr :q~proprialc word. SI.X"I'ION Ffllil;.. I!H:I!('TIVI! I)ATI!. This Ordilmncc shall become cl'feclivc upon h¢ing filed with Iht Dcparlmcn! ol'Stalc. I),\SSED AND DUI .Y adopted by lh¢ Board of('ounty Commissioners this . 1999. ATTF. ST: I)WIGIIT Ii. I'll.LOCK. CI.ERK Dci,~,ly-(qcrk :\pi're'wed as lo I;,',rln and legal stlflicicncy: BOAI~,D OF COLIN'I"f ('()MMISSIONEI,tS COIJ.IER COt IN'FY. FI,OI~,IDA. AS TI IF. I!X-OFFICIO GOVERNIN(i ItOARI) ()F TI I1! MAR('O WATF. I{ AND SEWER I')ISTI,tI('T Thc, mas ('. l"almer Assistant ('otmly Attorney ORDINANCE NO. 99- 44 AN ORDINANCE OF COLLIER COUNTY. FLORIDA, AMENDING SUBPARAGRAPIt 3.2 B. 1. OF COI,LIER COUNTY ORDINANCE NO. 97- 48. TO INCREASE TIlE MONTHLY SEWER USER RATES WITItlN TIlE MARCO WATER AND SEWER DISTRICT BY PROVIDING ONI,Y FOR PASS-TIIROUGH OF RATE INCREASES INCURRED BY TIlE DISTRICT FOR SERVICE PROV1DED TO TltE DISTRICT FROM FLORIDA WATER SERVICE CORPORATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORI)INANCES OF COI,I,IER COUNTY: PROVIDING AN EFFEC'rlv[! DATE. TI II! NI!W R:VI'I!S: I. Sewer (a) I),csidcnlial ti) Single family residences, multi-family residences, apartment residences, mobile home residences. E.'lch one bath living unit 524.62 I!ach additional bath per living unit S 5.45 (b) Non-Rcsidential. l!ach facility shall be billed based upon thc total ol'lhe tbllowing units contained therein. (i) I lotcl, nmtcl anti trailer rcntal units: F, ach unil SI 2.O1 (ii) Commercial. office, institutional. recreational and industrial loilct units (not lo include induslrial waste). (Inslilulional shall include bul not be limited to churches. Property owners. association fi~cilitics, govcmmcnt service fi~cilitics, fire stations and schools): Each toilet unit 543.74 (iii) Commercial and coin laundry washer units; Each washer unil $21.89 (ix') Restaurant and lounge scaling unils; I!ach scaling unil $ 3.79 \VItEREAS, thc Marco Water and Sewer District ("District") provides sewer sen'icc some areas of Marco Island that :irc not sen'cd by Florida Water Scrvicc Corporation I FWS('): and \VIIEREAS, thc District is billed for sen'icc from FWSC pursuant tu :~ bulk sewage trcatmenl Agreement between lhc Dislricl and FWSC; WltEREAS, FWSC has incrcascd thc rates it charged linc District for thc subject bulk sewage trealmcnt, cffcclivc September 20. 1996: and \\'tlER[L.\S. pursuant to tim "Waslcwatcr Adjustment Clause" in Subsection 3.2 of ('oilier Counly ()rdinancc No. 97-48, these rate increases arc to pass-lhrough lhe cost increases incurred by the District's duc to thc rcccnt increase in FWgC's rates paid by thc District; :md WIIEREAS, thc Board of County Commissioners of Collier ('rarely. Florida is Officio GovcminF lJoard or ibc Marco Water and Sewer Pistricl. NOW, TIIEREFORE, lie IT ORI)AINED BY TIlE IIOARI) ¢)1: ('()I,'N'I'Y (~OM.MI,',.;SI¢)NERS OF ('¢)I,I,IER COUNTY, FI,ORIDA. AS EX-¢IFFI(tI¢) 'I'IIE GOVERNIN¢; IIOARI) OF TIlE .MARCO WATER ANi) SEWEI.~ I)I.'4'I'I~,I('T COI.I,IER ('OUNTY, FI,OI~,II)A, Ih:il: SECTION ONE. AMF, NDMENTS TO SUBSECTION 3.2. B. I. OF ('OI,I.IER ('OUNTY ORI)INAN('t-~ NO. 97-48. Subsection 3.2. B. I. of Collier County Ordinance No. 97-48 is hereby amended to read as fiHlows: Scclion 3.2, Monthly Rates. Fees and ('hargcs. B. Mc, nlhly isser Fees fi~r linc Marco Water ar,.I Sm, x`'cr District. 1. Sewer (a) Residential (i) Single Ihmily residences, multi-flintily residences, apartmcnl rcsidcnccs, mobile home residences, Each onc bath Jiving unit Each additional bath per living unit (b) Non-Rcsidcnfi,l. E;tch facility shall bc billed based ill')Oll Ibc total of the following units contained therein. (i) f lolel, motcl and trailer rental units: Each unit $44.~,~. (ii) C'omnlcrcial, office, institutional, rccrealion:d and industrial toilet units (not to include industrial waste). (Instilulional shall include bul not be limited tt) churches, Propc~y owncrs, association fi~cililics, government sen'ice Ihcililics. fire slations and schools); Each toilet unit (iii) ('ommcrcial and coin hsundry washer units; [:.ach v,'ashcr tmit (ix,.)Rcstauranl and lounge seating [!ach sc;ding unit J,.-~J"gz~d tcxl ts added; ginh.4v4b~)t~,h lex~ ~s deleted. 12C 1 SECTION TWO. CONI:I. ICT AND SEVERABILIT¥. Thc provisions of this ()rdinancc slmll be liberally construed lo effectively carry out its puqmscs m Ibc inlcrcsl of public health, safety, welfare, and convenience. If any section, phrase. sentence or porlion of this Onlin;mcc is for any reason held inv:~lid or unconslilutJolml by any c~ulrl of competent jurisdiction, such porlion shall be deemed a separale, dislinct, aml imlcpcmlcnl provision, all,,[ stlch holding slu,II nol affect the validity of thc rem;fi,ing porliOllS hcrc~f. SECTION TIIRF, I';. INCI,USION IN 'File CODE OF LAWS AND OI~,DINANCI{S. 'l'l~e provisions ol'this Ordinance slmll become and bc m:ldc :~ pa~ of Iht ('ode of'l.aws ami Ordina,ccs of ('oilier County, Florida. Seclions orthc Ordinance may bc re,umbered or rclcltct'c~l accomplish such. m~d thc word "ordinance" may he changed Io "scclion". ";,~iclc". ~*r a,y ~thcr approprialc word. SECTION FOUll. F. FFF.('TIV[:, DATI:.. This ()rdirmncc shall become effective upon being filed with the l)cparlmcnt I'ASSED ANI) DUI,Y adopted by the Board of County Commissioners this __ ,/Q,,c,t.,,.,4~ , 1999. ATTEST: DWIGIIT H. BROCK. ('I,I:.RK $19~atur, o~1:. Approved as to form and legal sufficiency: Thomas C. l'almcr Assistanl County ,4tlor~cy ~-~G day BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. AS TI IE EX-OFFICIO GOVERNING BOA RD OF MARCO \VATER AND SF.\V}'~R DISTRICT BY:, ~ . ~ __ PA I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-44 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E. BROCK Clerk of Courts and Cl~k Ex-officio to Board of T;ii~ County Commissioners By: Ellie Hoffman, Deputy Clerk Naples Daily News Nnples, FL 34102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COMflISSIONEAS ATTN: TONYA PHILLIPS PO BOX &13016 NAPLES FL 34101-3016 REFERENCE: 001230 #113-138930 57881753 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned suthority, personally appeared Angels Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily Ne'aS, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously p~blished in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/23 AD SPACE: 246.000 INCH FILED Off: 05/2~/99 Signature of Affiant ~"- ~ '*' ~ .... ~ Sworn '0 and Subscribed before me 'hisc~ day of ~'~'),:L~.z 19_~ Personally ,nown by me ¢ '? / · j ~J NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County Ca, m- ., miss ~ of Collies' Cour~v win held o I:~blI¢ on Tue~lay. June l, 1~99, In the _B~ardroo_m, 3rd FIo~r~ Administration Bulkgng, ColIIM' ~ rd,~ves'n.n~ Cenfe% 3301 East Tomlaml Trail, NoDles, Florida. he meeting willbegl~ n ~ ~ ~M. AN ORDIN~,NCE AN~NDING COLLIER COUN"CY ORDINANCE NO. 90-105, A~ AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE,_' APPLYING THIS ORal. NANCE WITHIN THE CITY OF MARCO ........................... AMENDING SECTION !~4.9 REGARDING REACTI- VATING A DORMANT CERTIF~ATE,' AMEND- ING SECTION 1.6.1.1 TO LIMIT SERVICES THAT N~Y BE PERFORMED BY A GENERAL. CON- TRACTOR AS NOW OR HEREAFTER RESTRICT- ED BY FLORIDA STATUES; AN~.NDING S~CTION 1.6.2.1 TO ADD DUCT CLEANING AND SANITIZING AS AUTHORIZED SERVICES FOR SHEET METAL CONTRACTORS; AMENDING SECTION 1.6.2.3 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR ME- CHANICAL CONTRACTORS; AN~NDING SEC- TION 1.6.2.4 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS A AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.$ TO AUTHORIZE SPECIFIF-D DUCT CLEANING AND SANITIZING FOR CLASS B AIR CONDITIONING CONTRACTORS: AMENDING SECTION 1.6.2~6 TO AUTHORIZE SPECIFIF-.~ DUCT CLEANING AND SANITIZING FOR Ct. AS~ C AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2J.1 TO DELETE OB~.ETE GRANDFATHERING PROVISIONS; AN~NDING SECTION 1~.2.12 TO ADD THAT ELE~R~L CONTRACTORS WHO ARE REGISTERED WITH THE STATE ~AY CONSTRUCT RA~WAYS FOR ALARM SYSTEMS; ~NDING ~CTION 1.6.[9.1 TO AUTHORIZE SWIMMING POOL/~A lNG CONTRACTORS TO DISA~EMBLE ~RTAIN EQUIPMENT FOR CLEANING P~L OR SPA OR TR~TING WATER: A~ING "S~EEN EN~O- 5URE5' TO SECTIONS 1.6.3.[ AND AMENDING ~FINITION OF "A~RM SYST~" IN ~ION 1.6.3.4; EX~NDING ~CTION 1.6.3.~ TO ALL TYPES OF WO~ FLOORING; ADDING "SPRAYED-ON FIRE RESISTI~ ~- TERIALS" TO SECTION 1.6.3.23; ADDING PREVI- OUSLY '~ESERVED" ~CTION 1~.3.~ NOW ENTITLED "PAVING BLOCKS CONTRA~OR"; ADDING PArlOUSLY "RESERVED" SE~ION 1.6.3.39 - NOW ENTITLED *'EX~RIOR CO~R- lNG BY ARTIFICIAL STUCCO SYSTEM CON- TRACTOR"; AMENDING ~CTION 1.6.3.47 TO AUTHORIZE UNDERGROUND UTILITY AND EX. CAVATION CONTRACTORS TO PERFORM SERV- ICES BY SPECIFIED M~NS, TO INSTALL SLEEVES FOR PARKING LOT CROSSINGS AND TO INSTALL ~ECIFIED NON-ELECTR~AL UN- DERGROUND CONDUITS; AMENDING SECTION 2.9 CHANGING "INACTI~" TO AMENDING SE~ION 2-10 RESTRI~D CERTIF- ICATES OF COMPETENCY: A~NDING ~C- TION 3.1.1 TO REQUIRE THAT THREE ~BERS OF THE CLB MUST ~ CONSU~R R~R~N- TATI~ ~EMBERS: AMENDING ~ION TO INCORPORATE BY REFEREN~ M~T ~0. VISIONS OF ORDINANCE NO. IH1, AS A~ ED; DELETING ~CTIONS 3.1~ AND 3.1.4' CL~IFYING ~ION 4.~3 - FRAUD AND OTH: ER INTENTIONAL VI~TIONS IN OTHER JURI~ DI~ION~ A~ENOING SU~E~ION 4.3.4.4 "NOTICE' TO CONTRA~ORS; ~DING SUB~C- TIONS Id) AND (e)TO SE~ION 4.3.1 TO AU- THORIZE STAFF TO DENY I~UING AND OTHER AUTHORI~TIONS TO COUNTY CERTIFIED PERSONS WHO FAIL TO ~OMPTLY PAY A PENALTY UNDER THIS OROINA~ OR ~O FAIL TO COMPLY WITH ANY CURABLE PER~IT CONDITION; ADDING SU~E~ION [fl TO ~CTION 4,3.1 · ~NIAL OF ~SUAN~ OF A PERMIT TO A STATE C~TIF~ATED CONTRAC* TaR REQUIRES A PUBL~ HEARING~AMENDING SECTION 5.1 RE~ARINGS AND ~PELLA~-- TYPE REVIEW BY A COURT; ~DING A NEW ~CTION 5.2.3 - SUBPOENASj PROVIDING FOR CONFL~T AND SE~R~ILITY: PROVIDING FOR INCLUSION INTO THE CODE OF ~WS AND ORDINANCES; PROVIDING AN EFFE~I~ DATE. NOTE All ~nons ~shl~ ~ ~ on any fram must regls~ w~ ~e ~Admlnl~ PRI- OR ~e~ ~ ~ ~ ~m ~ ~ In,vidal ~e~t ~ll ~ IIm~d ffi 5 ml~s ~ any ~em. The sel~on ~ on Indl~l ~ ~ ~ ~ on ~nlz~lon ~ ~o~ Is e~ ~ rm nlzed by ~e Choir, o~e~ ~ a ~ ~ nlz~lon ~V ~ oll~ 10 ml~ ~ ~ on on Hem~s~ wlshl~ ~ h~e ~en ~ ~hlc ~- lois I~l~d In ~e ~d ~ ~ m~ ~mH ~ld ~lol a minimum ~ 3 ~s ~1~ ~ ~ r~ ~ve ~lk h~l~ In o~ ~ ~ ~1~ m~ ~ ~e ~ ~ a minimum M seven ~s prl~ ~ ~e p~llc h~l~ All ~lal u~d In ~e~t ~fme ~ ~d ~11 ~oma o ~~er~ . , . . . ~lnlng ~er~ o~ ~e, ~ ~ ~ e~ure ~ o v~m r~d ~ ~pr~l~ Is ~, ~lch r~d I~lu~s ~e ~fl~v o~ evince ~ ~lch ~ ~1 Is ~ BOMD OF COUNTY COOl,ION,S COLLIER COUNTY, FLOR~A PAMELA ~ ~C~IE, CHAIRWO~N ~W~HT E. BR~K, CLERK B~ Ill Ll~ S~le, D~ ~ ~ NO. 141~ '~'0: ~AM' PERRELL , ~: NAPI FS gall Y N~Wq _ ~r~ JIQ..- (943.,1 .774,8408 May 1i, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending Ordinance 90-105 (Contractor's Licensing Board) Dear Pam: Please advertise the above referenced notice one time on Sunday, May 23, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138930 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board o[ County Commissioners cf Collier County will hold a public hearing on Tuesday, June 8, 1999, in the Boardroom, 3~'t Floor, Administration Building, Collier County Govern~nent Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; APPLYING THIS ORDINANCE WITHIN THE CITY OF MARCO ISLAND; AMENDING SEC[ION 1.4.9 REGARDING REACTIVATINGADORMANTCERTIFICAI'E; AMENDING SECTION 1.6.1.1 TO LIMIT SERVICES THAT MAY BE PERFORMED BY A GENERAL CONTRACTOR AS NOW OR HEREAFTER RESTRICTED BY FLORIDA STATUTES; AMENDING SECTION 1.6.2.1 TO ADD DUCT CLEANING AND SANITIZING AS AUTHORIZED SERVICES FOR SHEET METAL CONTRACTORS; AMENDING SECTION 1.6.2.3 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANI[IZING FOR MECHANICAL CONTRACTORS; AMENDING SECTION 1.6.2.4 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS A AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.5 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS B AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.6 TO AUTHORIZE St'ECIFIED DUCT CLEANING AND SANITIZING FOR CLASS C AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.8.1 TO DELETE OBSOLETE GRANDFATHERING PROVISION; AMENDING SECTION 1.6.2.12 TO ADD THAT ELECTRICAL CONTRACTORS WHO ARE REGISTERED WITH THE STATE MAY CONSTRUC[ RACEWAYS FOR ALARM SYSTEMS; AMENDING SECTION 1.6.2.9.1 TO AUTHORIZE SWIMMING POOL/SPA SERVICING CONTRACTORS TO DISASSEMBLE CERTAIN EQUIPMENT FOR CLEANING POOL OR SPA OR TREATING WATER; ADDING "SCREEN ENCLOSURES" TO SECTIONS 1.6.3.2. AND 1.6.3.3; AMENDING DEFINITION OF "ALARM SYSTEM" IN SECTION 1.6.3.4; EXTENDING SECTION 1.6.3.20 TO ALL TYPES OF WOOD FLOORING; ADDING "SPRAYED-ON FIRE RESISTIVE MATERIALS" 1'O SECTION 1.6.3.23; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.29 NOW ENTITLED "PAVING BLOCKS CONTRACTOR"; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.39 - NOW ENTITLED "EXTERIOR COVERING BY ARTIFICIAL STUCCO SYSTEM CONTRACTOR"; AMENDING SECTION 1.6.3.47 TO AUTHORIZE UNDERGROUND UTILITY AND EXCAVATION CONTRACTORS TO PERFORM SERVICES BY SPECIFIED MEANS, TO INSTALL SLEEVES FOR PARKING LOT CROSSINGS AND TO INSTALL SPECIFIED NON-ELECTRICAL UNDERGROUND CONDUITS; AMENDING SECTION 2.9 CHANGING "INACTIVE" TO "DORMANT"; AMENDING SECTION 2-10 RESTRICTED CERTIFICATES OF COMPETENCY; AMENDING SECTION 3.1.1 TO REQUIRE THAT THREE MEMBERS OF THE CLB MUST BE CONSUMER REPRESENTATIVE MEMBERS; AMENDING SECTION 3.1.2 TO INCORPORATE BY REFERENCE MOST PROVISIONS OF ORDINANCE NO. 86-41, AS AMENDED; DELETING SECTIONS 3.1.3 AND 3.1.4; CLARIFYING SECTION 4.2.3 - FRAUD AND OTHER INTENTIONAL VIOLATIONS IN OTHER JURISDICTIONS; AMENDING SUBSECTION 4.3.4.4 - "NOTICE" TO CONTRACTORS; ADDING SUBSECTIONS (d) AND (e) TO SECTION 4.3.1 TO AUTHORIZE STAFF TO DENY ISSUING PERMITS AND OTHER AUTHORIZATIONS TO COUNTY CERTIFICATED PERSONS WHO FAIL TO PROMPTLY PAY A PENALTY UNDER THIS ORDINANCE OR WI-JO FAIL TO COMPLY WITH ANY CURABLE PERMIT CONDITION; ADDING SUBSECTION (f) TO SECTION 4.3.1 - DENIAL OF ISSUANCE OF A PERMIT TO A STATE CERTIFICATED CONTRACTOR REQUIRES A PUBLIC HEARING; AMENDING SECTION 5.1 REHEARINGS AND APPELLATE-TYPE REVIEW BY A COURT; ADDING A NEW SECTION 5.2.3 SUBPOENAS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF I. AW.~ AND ORDINANCES: I'RON':',)',~'~' V-; 7.~,'-ECT'''~. NOTE: Ail Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) COIA.IEI{ COUNTY FI,ORIDA REQUEST FOR I.E(;AL ADVERTISING OF PUBLIC tlEARINGS To: Clerk to the Board: Please pi,acc thc I'ollowing ns a: XXX Normal legal Advertisement ["'1 Other: (Display Adv., location, elc.) --JOg.,. ,-,2 Originating D,:pt/Div: Bldg. Rc,,'icw & I'crmitting l'crson: Tom Barloe I)atu: May 6. 1999 Petition No. (1 f none, give brief description): An Ordinance amending Ordinance 90-105 (Contractor's l.icensing Board Ordinance) Petitioner: (Name & Address): Ed Per)co, Director, Building Review and Permitting Name & Address of any person(s) to be not)lied by Clerk's Office: (If more space is needed, al)ach separate sheet) Hearing before XXX BCC BZA Other Requested }leafing date: June 8, 1999 .................... Based on advertisement appearing 15 days belbre hearing Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ~ l.cgally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENI)IN(i ORDINANCE 90-I05. AS AMENDED TIlE COI.I.IER COUNTY CONTRACT()RS' LICENglNG BOARI) ORI)INANC[(. '1'O Al)l) WI'ATtiTORII.Y MANDATED CHANGES ANI) TO Al)I) DISCRIS'I'I(~NARY CtlANGES RECOMMI(NDI..I) BY STAFF. Companion petition(s), il'an5 & proposed hearing date: Does Petition Fee include adxcr~ising cost? X Yes ~ No IfYcs. x~hal account should be charged fi,rmlx~'rtisingco~ts 113-13g030 ~ Approved by: ~ .~ Date County Manager Date List Attachments: DISTR I BUTION INSTRUCTIONS For hearings before BCC or BZA: Initiatinl4pcrsootocompleteonccolt)' and obtain I)ivisiou Ilcadapprovall)cforc submitting to County Mnnager. Note: Iflegaldocument is involved, be sure th:lt nny necessary lel~al review, or request for same, is submitted to County Altorney before snbmittiog to County 5lanai, er. The M;,n:t[It'r's ,,trice will distribute copies: [] Count)' Manager agenda file: to Clerk's Office [] Requesting I)ivision [] ()rig)hal B. Other hearings: Initiating l)ivision head to approve and submit original to Clerk's Office, retaining a copy' for file. Date Received: c:~[ 1,01 el-i _ Date of Public hearing: Date Advertised: ORDINANCE NO. 99- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACIORS' LICENSING BOARD ORDINANCE; APP'LYING THIS ORDINANCE WITHIN THE CITY OF MARCO ISLAND; AMENDING SECTION 1.4.9 REGARDING REACTIVATING A DORMANT CERTIFICATE; AMENDING SECTION 1.6.1.1 TO LIMIT SERVICES THAT MAY BE PERFORMED BY A GENERAt. CONTRACTOR AS NOW OR HEREAFTER RESTRICTED BY FLORIDA STATUTES; AMENDING SECTION 1.6.2.1 TO ADD DUCT CLEANING AND SANITIZING AS AUTHORIZED SERVICES FOR SHEET METAL CONTRACTORS; AMENDING SECTION 1.6.2.3 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR MECHANICAL CONTRACTORS; AMENDING SECTION 1.6.2.4 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS A AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.5 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS B AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.6 TO AUTHORIZE SPECIFIED DUC1 CLEANING AND SANITIZING FOR CLASS C AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.8.1 TO DELETE OBSOLETE GRANDFATHERING PROVISION; AMENDING SECTION 1.6.2.12 TO ADD THAT ELECTRICAL CONTRACTORS WHO ARE REGISTERED WITH THE STATE MAY CONSTRUCT RACEWAYS FOR ALARM SYSTEMS; AMENDING SECTION 1.6.2.9.1 TO AUTHORIZE SWIMMING POOL/SPA SERVICING CONTRACTORS TO DISASSEMBLE CERTAIN EQUIPMENT FOR CLEANING POOL OR SPA OR TREATING WATER; ADDING "SCREEN ENCLOSURES" TO SECTIONS 1.6.3.2. AND 1.6.3.3; AMENDING DEFINITION OF "ALARM SYSTEM" IN SECTION 1.6.3.4; EXTENDING SECTION 1.6.3.20 TO ALL TYPES OF WOOD FLOORING; ADDING "SPRAYED-ON FIRE RESISTIVE MATERIALS" TO SECTION 1.6.3.23; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.29 NOW ENTITLED "PAVING BLOCKS CONTRACTOR'; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.39 - NOW ENTITLED "EXTERIOR COVERING BY ARTIFICIAL STUCCO SYSTEM CONTRACTOR"; AMENDING SECTION 1.6.3.47 TO AUTHORIZE UNDERGROUND UTILITY AND EXCAVATION CONTRACTORS TO PERFORM SERVICES BY SPECIFIED MEANS, TO INSTALL SLEEVES FOR PARKING LOT CROSSINGS AND TO INSTALL SPECIFIED NON-ELECTRICAL UNDERGROUND CONDUITS; AMENDING SECTION 2.9 CHANGING "INACTIVE" TO "DORMANT"; AMENDING SECTION 2-10 RESTRICTED CERTIFICATES OF COMPETENCY; AMENDING SECTION 3.1.1 TO REQUIRE THAT THREE MEMBERS OF THE CLB MUST BE CONSUMER REPRESENTATIVE MEMBERS; AMENDING SECTION 3.1.2 TO INCORPORATE BY REFERENCE MOST PROVISIONS OF ORDINANCE NO. 86-41, AS AMENDED; DELETING SECTIONS 3.1.3 AND 3.1.4; CLARIFYING SECTION 4.2.3 - FRAUD AND OTHER INTENTIONAL VIOLATIONS IN OTHER JURISDICTIONS; AMENDING SUBSECTION 4.3.4.4 "NOTICE~ TO CONTRACTORS; ADDING SUBSECTIONS (d) AND (e) TO SECTION 4.3,1 TO AUTHORIZE STAFF TO DENY ISSUING PERMITS AND OTHER AUTHORIZATIONS TO COUNTY CERTIFICATED PERSONS WHO FAIL TO PROMPTLY PAY A PENALTY UNDER THIS ORDINANCE OR WHO FAIL TO COMPLY WITH ANY CURABLE PERMIT CONDITION; ADDING SUBSECTION (f) TO SECTION 4.3.1 o DENIAL OF ISSUANCE OF A PERMIT TO A STATE CERTIFICATED CONTRACTOR REQUIRES A PUBLIC HEARING; AMENDING SECTION 5.1 REHEARINGS AND APPELLATE-TYPE REVIEW BY A COURT; ADDING A NEW SECTION 5.2.3 - SUBPOENAS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, effective October 1, 1998, the Florida Legislature enacted Chapter 98- 419, Laws of Florida, amending several Florida Statutes that control regulation of most contractor trades regulated by the County's Contractors' Licensing Board; and -I- Words ~Ld.e,~J.iJ:l~ are added; words r~ are deleted. 12C2 WHEREAS, some of those statutory amendments mandate that amendments must be made to this Ordinance (in the following Sections): 1.6.2.1., 1.6.2.3., 1.6.2.4., 1.6.2.5., 1.6.2.6, 1.6.2.9.1., 1.6.2.12., 1.6.3.3., 1.6.3.4., 1.6.3.47, and 3.1.1; and WHEREAS, oti~er provisions of this Ordinance are being amended at the discretion of the Board of County Commissioners upon recommendations from Staff, including applying this Ordinance to the City of Marco Island in conjunction with a interlocal agreement between the County and that City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. 1.1. Unlawful to Contract without a Certificate of Competency. It shall be uolawful for any person, firm, partnership, corporation or other legal entity to: engagr' in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorporated area of Collier County and the incorporated area within the boundaries of the City of Naples ' ' ' .3J3.d, without having first made application for and having been issued a current and valid Collier County/City og-Naples Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if such employees are employed by a licensed contractor who exercises supervision and control over said employees. Indicia of an employment relationship shall include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and r. ovision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Permits. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County/City ef-.Napl~ Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the -2- Words ~ are added; words s~ are deleted. permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemplions. 1.3.1. Owner-Builders. Owners of property when acting as their own contractor and [)roviding all material supervision themselves, ',vixen building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease. In all actions brought under Section 1.1 of tills Ordinance, proof of tile sale or lease, or offering for sale or lease, oi a structure by Ih(, ()wner-builder witi~in 12 motllils after issuance of a Certificate of Occupancy is prima facie evidence that tile construction ,.vas undertaken for purposes of sale or lease. Tills does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. This exemption does not apply to any type of commercial building. To qualify for exemption under tills Subsection, an owner must personally appear and sign the building [)ernlit application. An owner-builder will be issued a maximum of one (1) owner-builder permit for the construction of a one-family or two-family home in any three (3) year period. An owner-builder applying for or receiving more than one Building Permit for the construction of a one-family or two-family home in any three (3) year period shall be prima facie evidence of building/contracting without a license ,.vhich is a violation of tills ordinance. 1.3.2. Public Works. The provisions of this Ordinance shall not apply to: any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal law supersedes this Ordinance; or to an authorized employee of the United States, this State, or any municipality, county, or ortner political subdivision if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. 1.3.3. Persons Holding Current State Certified Certificates of Competency. Any person i~olding a current State of Florida Certified Certificate of Competency is exempt from obtaining a Collier County/City e~-4~k~fa[e~, Certificate of Competency for that trade for which he/si~e is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. -3- Words added arc ~; words deleted are r,~. 1.4. Renewal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annually at midnight on September 30tl~ of eact~ year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of tile licenses. ~.. 4.3. Applicants for renewal must present the Contractor Licensing Supervisor or his/her designee ,.vitl~ tile following: A. Evidence of insurance as required by this Ordinance. B. A current Collier County and/or City ~:4aples occupational license, as applical)le. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnighl on September 30th of each year shall have until rnidni§ht December 31s! o1' the same year to renew his or its Certificate of Compelency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and ctlarges adopted by resolution pursuant to Section 2.1 .S of this Ordinance. 1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, tile renewal period shall not expire until midnight of the next working day. 1.4.6. Any individua] failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of ~i~is Ordinance. 1.4.7 Any individual who fails to renew hisser Certificate of Competency prior to December 31 of tt~e year in which it expires shall have a delinquent Certificate of Competency. 1.4.8 Any individual who renews his/her Certificate of Competency by September 30 o( the year following its expiration, but after December 31 of that year, shall have a suspended Certificate and thereby must pay an additional late iree in_accordance with the schedule or' fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in_full including updated credit reports and all other documentation required in Section 2 herein, but no re-testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acquire a valid Certificate from the County the individual must pay the then applicable full application fee in accordance with -4- Words added are~; words deleted are r,,~. Z2C'2 the schedule of fees and charges aclopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new application. If, as of the date of receipt by the County of said new application, three (3) years have passed since the date of his/her most recent examinatior~ tt~at the individual passed to acquire the former Ce~ificate, that individual must pass all then applicable testing requirements. ~, ~, ~ ~ t ' ~, h t ' ~ i ~ ' ' ~ i,' ~ r 1.5. Contractors' Identification Required on all Advedising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Cedificate of Competency Number and lt3e "Doing Business As" Name on all advedising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in lheir trade or' business. The minin3um height of each numberor letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Conlractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsii)le for tho enlire project contracted for an(l, except for those herein exempted, the person who, for compensation, undedakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to oth(,rs, as herei~afler defined in Sections 1.6,1 lhrough 1.6.3 of ti]is Ordinance. 1.6.1,1. General Contractor requires (ody-eight (48) monti~s experience with a passing grade on a six (6) I~our test and a two (2) hour business and law test and means a contractor whose semites are unlimited as to the type of work which he/she may ({~, ~,xcept as provided in tt~is Ordinance ?r 'r ~ ,~ No'rE: Also see Sect. 1.6.2. 1.6.1.2. [~uilding Contraclor requires fody-eight (48) months experience wilh a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose se~ices are limited to construction of commercial buildings and single-dwelling or muhil)le-dwelling residential buildings, which commercial or residential I)uildings do not exceed three slories in height, and accessow use structures in connection fl~erewith or a contractor whose se~ices are limited to remodeling, repair, or improvement -5- Words added are ~:gg:Uil:l~: words deleted ~re ~.r~-k4hr4~ag:~h. of any si/e Imilding if the services cio not affect the stn,ctural members of the bt, tiding. NOTE: Also see Sect. 1.6.2. 1.6.1.3. Residential Contractor requires forty-eight (48) months experience wifl~ a passing grade on a six (6) hour test an([ a two (2) hour business and law test and means a contraclor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two stories in height and accessory use structures in connection therewith. NOTE: Also see Sect. 1.6.2. !.6.1.4. Contractor qualifications for practice and restrictions. A general, buik[ing~ or residential contractor shall not be required to subcontract the installation, ~r repair made under ,.varranty~ of wood shing]es, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including lhe continuation of utility lines from the mains to the buildings. Further, as to mobile home parks, ti~e general contractor shall not be required lo subcontract tl~e continuation of utility lines from the mains, and tile continuations are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, l~old himself/t~erself out to be, or advertise himself/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. 1.6.1.5. A general, building, or residential contractor, except as ott~erwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in th(: state. Any certified building contractor or cerlified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on whicl~ any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless -6- Words added arc un',J.CILia~; words deleted are raruc, k-4hr~lgh. such contractor holds a Certificate of Competency or license of the respective trade category, as required by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a ti~ree (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose sewices are unlimited in the sheet metal trade and ~vl~o ha~ tim experience, knowledge, and skill necessa~ for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioni~g, adjustment, insulation, alteration, repair, sewicing, or design, when not protqbited hy law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, I)t~t not limited to, fil)erglass, used in lieu ti~ereof and of air-i~andling systems including the setting of air-i~andling equipment and reinforcement of same and including the balancing of air-handling systems ' ~ I , . Tills definition and qualifications does not inclL]de roofing. 1.6.2.2. Roofing Contractor requires thi~y-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose sewices are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or desigrL when not prohibiled I)y law, and use materials and items used in the installati~m, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed Journeyman or equivalent, a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose se~ices are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection witi~ a complete system only to the extent such duct work is performed I)y the contractor as is necessaw to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appunenances, apparatus, or r~(luipment used in connection therewith; ~~ , i ~ ' Y ~ ' ' ~ ~~ and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pti)es, vessels and ducts, pressure and process piping, pneumatic -7- Words added are ttg.~.~l:~; words deleted arc ~FOUgh. control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power and Iow volla~e healing, ventilating, and air conditionin~ control wirin~ on the load side of an existin~ electrical disconnect switch; and to install a condensate drain from an air conditionin~ unit to an existing safe waste or other approved disposal off,er Ihan a direct connection to a sanita~ system. The scope of work for such conlractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied pelmleum ~as fuel lines within buildings, potable water lines or connections thereto, sanita~ sewer lines, swimmin~ pool pipin~ and filters, or eleclrical power wiring. 1.6.~.4. Class A Air Conditioning Contractor requires ttqdy-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passin~ grade on a two ~2) hour business and law tes~ and means any person wl~ose se~ices are unlimited in tl~e execution of contracts requirin~ the experience, knowledge, and ski~l ~o install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilafin~ systems, including duct work in connection with a complete system only to the exlent such duct work is pe~ormed by the contractor as is necessa~ to make complete an air distribution system, boiler and unfired pressure vessel systems and all appu~enances, apparatus, or equipment used in connection therewith; ~~~d · to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to disconnect or reconnect power wiring and Iow voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanita~ system. The scopeof work for such contractor shall also include any excavation work incidental thereto, bdt st~all no~ include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanita~ sewer lines, swimming pool piping and filters, or electrical power wiring on tt~e line side of the disconnect switcl~. 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose se~ices are limited to twenty-five (25) tons o~ cooling and five hundred thousand Words added are ~l~[¢r. JJJ3.~; words deleted are 1500,000) BTL~ of heating in any one system in the execution of contracts requiring the experienco, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or (lesign, when not prohibited by law, central air conditioning, refrigeration, heating, and venlilating syst ~ms including duct work in connection with a complete system only to the extent such duct vvork is performed by the contractor as is necessary to make complete an air distribution system I)eing installed under this classification; ~ ~ ~ - ' ' ~ ' ' ~ to install, maintain, repair, fabricate, alter, extencl, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and Iov,, votlage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanita~ system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or cormections thereto, sanitary se;ver lines, swimming pool piping and filters, or electrical po,.ver wiring on the line side of the disconnect switch. 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those systems he/she is servicing, 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with ,'ill reciprocity criteria of Section 489.1455, F.S. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with a passing grade on a three 13) hour test and a passing grade on a two (2) hour business and law test and means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any swimming pool or hot tub or -9- Words added are tll~; words deleted are tarua4~,~. spa, whether public, private, or otherwise, regardless of use. Tile scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, installation of river rock, Spray Crete®, Keystone®, and other substantially similar types of deck coatings in conjunction wilil ti~e construction of tile deck, application of Marcite® or other similar types of coatings to the interior of the pool, spa f~r other water slructt~re, installation of all perimeter and filter piping, installation of ali filler equipnlent and chemical feeders of any type, plastering of the interior, construction of clecks, construction of equipment rooms or housing for pool equipment, installalion and/or construction of waterfalls and fountains, and installation of package pool heaters. However, file scope of such work does not include direct connections to a sanitary sewer system, potable water lines or to any electrical installation. 1.6.2.8. Residential Pool/Spa Contractor requires twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose scope of work involves, but is not limited to, tile construction, repair, water treatment, and servicing of any residential ~wimming pool or hot tuh or spa, regardless of use. Tile scope of such work includes layout, excavation, operation of construction pumps for cJewatering pt.rposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, in.;tallation of river rock, Spray Crete®, Keystone®, and other substantially similar types of deck coatings in conjunction with the construction of the deck, application of Marcite® or other similar types of coatings to the interior of the pool, spa or other water structure, installation of all filter equipment and chemical feeders of any type, plastering of tt~e interior, construction of decks, installation of housing for pool equipment, installation and/or construction of waterfalls and fountains, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary server system, potable water lines or to any electrical installations. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty- four (24) months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work is limited to the construction of non- recreational ponds, waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines, or to any electrical installation. -lO- Words added arc 'ttRO. gtli. a~; words deleted are rartmk-4hroagh. 1.6.2.9. S,.vimrning Pool/Spa Servicing/Repair Contractor requires 24 montl~s experie:~ce ~vith a I)assing grade on a three (3) hour test and a passing grade on a two bout business and law test and means any person whose scope of work includes scm(lng, repair, m,~intenance, or water treatment of any public or private swimming pool, hot tt~b or spa, and, subject to Section 487.0437, F.S., may inclt~de direct infusion of chlorine gas. The scope of suct~ work may inclttde any necessa~ piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessa~. 7'he scopt, of sttch work includes the reinstallation of tile and coping, repair and r~plac~,n~orll of all piping, filter equipment, and chemical feeders of any type, replastering, rec~ns~r,:~'t~on of decks, a~d reinslallalion or addition of pool healers. 1.6.2.9.1. Swimming Pool/Spa Sewicing Contractor requires twenty-four (24) mrmths r, xl)erience with a passing grade on a two (2) hour business and law test and means any pers~)n whose scope of work includes se~icing or water treatment of any public or private swimming pool, hot tub or spa, and, subject to Section 487.0437, F.S., may include direct infusion of chlorine gas. , · . , , , 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the plumbing trades while employed or supe~ised by a plumbing contractor. This provision does not apply to any individual who then holds a valid, active jot]rneyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that_licensee complied with all reciprocity criteria of Section 489.1455, 1.6.2.11. Pluml)ing Contractor requires twenty-four (24) months experience as a licensed Journeyma~ r~r equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose contracting I)usiness consists of tho execution of contracts requiring the experience, financial means, knowledge, and skill to inslall, maintain, repair, alter, extend, or when not prohibited by law. design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prol~ibited by law, design ti~e following without obtaining any additional local regulato~ license, cenificate, or registration: sanitaw drainage or storm drainage Words added arc tlil~; words deleted are ~tn~k-lhr-o~gh. facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers anti pressure process piping and including the installation of water, natural gas (excluding liqtHd petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of [he plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and alt related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of tho plumbing contraclor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, wilh a qualified contractor in the field concerned, all other work incidental to the work but which is specified I~erein as being the work of a trade other than that oF a plumbing contractor. 1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a six (6) hour test, and means those persons qualified to perform work in the electrical trades while employed or supervised by an electrical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the electrical trade and tt~at license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.5335, 1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) I~our business and law test and means a person who conducls business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways ' ' · · 'g ' , conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or -12- Words added are ~; words deleted are ~n~-4hr-ough. implied contract; or that undertakes, offers to undertake, purpons to have tile capacity to und~,rlako, ~r submils a bid to engage in tile business of electrical contracting; or that does itself ~r by or tl~rough others engage in tile business of electrical contracting. The term electrical conlractor does not qualify any person, firm or corporation for tile installation of fire alarms which requires a separate state license. 1.6.3. Specialty Contractor nleans any person who assumes responsible charge and direction itl file performance of construction work requiring special skills, and whose principle contracting business involves tile use of specialized building trades anti crafts usually a mirror par1 of a complete structure. Available categories of Specialty Contractors and their requirements are: 1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person who is qt~alified to install, maintain, repair, and alter acoustical materials. Tile scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support acoustical panels, including luminous ceiling panels. 1.6.3.2. Aluminum Contractor including Concrete requires twenty-four (24) months experier~ce with a passing grade on a three (3) hour test and a passing grade on a two (2) hot~r business and law test and means those who are qualified lo fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gulters, soffits and prefabricated rooms and podable metal or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and finish non-structural concrete incidental to an aluminum accessory structure only, on grade only, ~. 1.6.3.3. Aluminum Contractor requires twenty-four (24) monti~s experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and la,,,., test anti means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, .LC~JD~s~f~ and portable metal or vinyl partitions. 1.6.3.4. Alarm System Contractor requires twenty-four (24) months experience with a passing grade on a three 13) hour test and a passing grade on a two (2) hour business and law test and means a person whose business includes the executior~ of contracts req~.~iring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. a. Alarm System Contractor I means an alarm systt2m contractor ;vhose business includes all types of alarm systems for all purposes. -13- ~.Vords added arc tlil.~; words dctctcd are ,~.~o~h. 12 2 !,,/ b. Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, ~g~ or combination of electrical devices used to ,,fig[:Lak~ detect a i~-~t-ef a burglary, fire, robbery, .o~ medical emergency,-or_eq~~e. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family I~omes and two-family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a two (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work sl~atl include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing grade on a three/3) hour test and a passing grade on a two (2) hour business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural wood and metal non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and la,.',' test and means those ,.*.,ho are qualified to batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for ti~e -14- Words added arc tlAd.~r, lia~; words dclcled are ~. 1 casting and silaping of concrele to place miscellaneous embedded steel and to pour, place. and finisl~ concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months experience ',vitt~ a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and la,.v test and means those who are qt,alified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcemont, plastic vapor barriers and edge forms incidental thereto. TI'tis category does n~t include tim plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires t'.venty-four (24) months experience ,.vith a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to use and nlaintain pressure equipment, mix material and apply accorcling to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and non-structural in function; tt~e materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirly-six (36) months experience ~vith a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those ,.',,ho are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and la,.,,' test and means any person who is qualified to operate hydraulic dredging equipment wtqch (Jigs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and la.`'-.' test and means those who are qualified to install gypsum drywall products to wood and metal st~.~¢ls, ;rood and steel joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the d6,wall product is to be applied, including the placing of metal studs and runners and ail necessary drywall preparation trim. -15- \Vards added ,are un '~Li~; words deleted are 1.6.3.16. RESERVED. 1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications~or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand~ to construct or excavate canals, lakes and levees, inclt~ding the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary therelo in complia~ce with all environmental ~aws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt t~ereunder. NOTE: The use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated wails on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience ' ' '' and a passing grade on a two (2) hour business and law test and means any person who is qualified to install carpet, sheet vinyl and/or ~d-f, ar-q~ ~LYP~.~[~]~E~. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and la~v test and means those who are qualified to install, maintain, repair, alter, or extend any above ground system used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, Words ridded nre I.l~.g./J~ed: words deleted are st.~. sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed lo prevent loss or gain of heat, I'rom inlernal or external sources on pipes, vessels, ducts, fire stopping materials, - · ~ · ~ or built-up refrigerated boxes or rooms, and acoustical materials. I). Buildings - requires twenty-four (24) months experience, a passing grade on a three ¢3) hour test and a two (2) hour business and law test, and means those who are (It~alified Io install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain o1' heat £rom rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two [2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, portable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessaQ/for storing and converting liquefied petroleum gas into flame for light, heat, and power. 1.6.3.'27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, ~ passing grade on a three (3) hour test and a passing grade on a two (2) hour business and laN,,, test, and means Ihose who are qualified to buikt and install bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to -17- Words added are tll~; words deleted are r,m~elt-.g~. do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36) montt~s experience, a passing grade or~ a tl~ree (3) hour test and a passing grade on a two (2) hour business and la,.',., test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. ~ ' .~ ~' s - '~ ~ 'n r rio w ~ ~' I ,. ~; n r '" ' w ~ C , ~ ' · · . 1.6.3.30. Painting Contractor requires lwenty-four (24) moolhs experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour lousiness and law lest and means those who are qualified lo use spraying equipment as well as hand tools to finish bolh exterior and interiot' work. A painting contractor may do paperhanging, sandblasting, walerproofing, and may clean and paint roofs. 1.6.3.31. Paving Contractor (commercial or unlimited) requires fl~irty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a lwo (2) hour business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business anti law test, and means those who are qualified to coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating, including lathing and drywall. This category does not include the plastering of the interior of a pool. 1.6.3.33. Pollutant Storage Contractor means a contractor ~vho installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing -18- Words added are undgd.ifl~; words deleted are bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Paintin§, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law lest, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. Ti'ds calegory does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified tn operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test anti means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City e.f-Naffk:~-, Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, anti patios. 1.6.3.39. RE--SER.¥E-g. ' v ' ~' ~ s ~ i~ ~ r ifi i r ' ~ ' ' t ~ '~ ~ ~ · Il w'n r i r J r ~ V' r' J ' . ~ 'v H · ~ 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any non-electrical sign, provided all work is performed in accordance with applicable Collier County and City ~ -19- ~Vords added are't~.l;[i:dj, aed; words deleted are~.4h~. Naph:~ ordinances. This category does not include Ihe construction of free-standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means any person wino is qualified to install, repair, alter, manufacture, add to, or change any electrical ',vires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs. Such contractor may contracl for, and take out building permits for the erection of signs. Tile electrical service and wiring fronl the electrical sen.'ice 1o tile sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requires lvventy-four ~24) months experience, a par. sing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those wt~o have tile knowledge to install, alter, repair, or replace any solar I~ot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and Iow voltage controls which connect to existing plumbing stub-outs and electrical disconnects. 1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and tile erection of communication towers, including riveting, ~velding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those persons who are qualified to set tile and marble. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a -20- Words added are ~t.O..eJ~; words deleted are two (2) hour business and law test, and means those persons who are qualified to mix, prepare, anti finish terrazzo, prepare the base, and set tile and marble. 1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48) monti~s experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means contractors whose sea, ices are limited to the construction, installation, repair, on public or private property, ~ ~ of main sanita~, sewer collection systems, main water distribution systems, and storm ~ewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occup,lr~cy, sewer collection systems at prope~y line on residential or single-occupancy commercial l)ropenies, or on muhi-occupancy prope~ies at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribttfion systems, or storm sewer collection syslems at slorm sewer slructures. ~ ~ ' ' ~ ' ' II, ' ~J ~ ' ~ i ~ w ..... An underground utility contractor shall not install any piping that is an integral pa~ of a fire protection system, as defined in Section 633.021(7), Florida Statutes, beginning at the point where tt~e piping is ~sed exclusively for such system. L6.3.48. Tree Removal and Trimming Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to trim and remove trees and stumps. 1.6.4. Contractor Licensing Supe~isor means the individual ~vho oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Building Review and Permitting Department of the Community Development and Environmental Se~ices Division of Collier County Government. 1.6.5. Employee means any person who works for and is under the supe~ision and control of a licensee, provided that said employee does not hold himself out for hire or engage m contracting except as an employee. For the purposes of this Ordinance, indicia -21- Words added are ~:ld.¢II~: words deleted are r,*~mk4hre~g~h. of an employment relationship shall include the employer's regular paymenl of wages and compensation, F.I.C.A. deductions, tax withholding and provision of Workers' Coml)ensation lo the employee by the employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. 1.6.7. "Conlracting" means, except as exempted in this part, engaging in business as a contractor ancl includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. Tile attempted sale of contracting services and tile negotiation or bid for a contract on these services also constitutes contracting. I1' tile services offered require licensure or agent qualification, the offering, negotiation for a hid, or attempted sale of these services requires the corresponding licensure. I~lowever, tile term "contracting" shall not extend to an individual, partnership, corporation, lrusl, or other legal entity that offers to sell or sells completed residences on property on ~vhi('h the individual or_business entity has any legal or equitable interest, if the. services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or ~vill be retained for lhe purpose of constructing such residences. 1.6.8. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Financially responsible officer" means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibility for all financial aspects of tile business organization. 1.6.10. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he_is connected; who has the responsibility to supervise, direct,_ manage, and control construction activities on a job for which he has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.6.11. "Secondary qualifying agent" means a person who possesses tile requisite skill, kno'.vledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. -22- Words ,~dded nrc 'UJ:LO.CdJJ:LCd: words deleted are 1.7. Stop-Work Orders. If it should become known Io lhe Contractor Licensin§ Supervisor that a construction project and/or contracting in Collier County or the City et--Nates is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her (lesignee, st~all place a stop-work order on the relevant portion of saki project until st~c:h time as a certified contractor assumes supervision of the construction project. Any uncertified and nonexempt person resuming construction prior to the removal of tl~e stop-work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requirements, As a prerequisite 1o, and as a requirement for, the issuance of a Collier County/City ef Naffle~ Certificate of Competency, an applicant shall submit satisfactory evidence of experience in the trade for which he/she desires certification. a. Contractors' experience shall be in that particular trade, witt~ at least one (Il year of said experience being as a supervisor. h. Masters' experience shall be as journeymen. c. Journeymen's experience shall be as apprentices or trainees, having completed an apprenticeship program registered with the Department of iai)or and Employment Security and. demonstrates 4 years verifiable practical experience in those particular trades, or demonstrates 6 years verifiable practical experience in those padicular trades, except as may be authorized by apprentice programs approved by the Bureau of Appren ceship Division of Labor, Employment and Training of tile Depadment of Labor and Employment Security, wl~ich are hereby incorporated by reference as the required apprentice experience. 1.8.1. To determine if the applicant possesses the experience required by this Ordinance, the Contractor Licensing Board Supervisor or his/t~er designee shall consider the following forms of proof of experience: a. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; I). Copies of other certificates of competency, if any, held by the applicant in other counties or cities; c. Aft davits from any building director in locations where the applicant has worked; d. Affidavits from any union organization of which the applicant has been a member relating to the trade for which the applicant has made app cation- -23- Words added are ',,a2~[~; words deleted are 1 2 z,r:. e. Affidavits from any ortner source will'fin the trade applied for. 1.8.2. Educatior~ at an accredited school may be presented to satisfy a portion of tile experience requirements of this Section. Specifically, each full year of school~level v,'ork in tile trade for which application is made shall be credited to tile applicant as .75 years experience, but such credit shall be for no more than one-i~alf of tile total experience required by ti'ds Ordinance. PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 2.1. Applications - General. 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executod by a legally authorized and empowered representative of business organization who sha[I show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with ll~e contracting business; and b. To supervise the construction under the Certificate of Competency issued to fl'~e applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at tile same time. 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance. 2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a schedule of fees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any pan of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of Ihe I~uilding Revievv and Permitting Department of the Community Development and Environmental Services Division of Collier County Government and the City's ~ ."-,~a;-,!e.~ Building and Zoning Division (Department), and tile resolution establishing such fees shall be on file with the City's e.~ ~,.'~!~.~ Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance with standard -24- Words added are ullllcrlined: words deleted are ~':;.,".:.~ :~ough. i2;'2 ' resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure othe~vise necessary f~r amendment of this Ordinance. Current fees and charges are set fo~h in Resolution No. 87-10[] and shall remain in effect until said Resolution is amended or superseded. 2.2. Conlraclor Application - Individual. Any person desiring a Ce~ificate of Competency shall submit ll~e (ollo~ving information on forms provided by the Collier County Contractor Licensing Supe~isor: 2.2.1. Name of applicant, date of bi,h, Social Security number and driver's license number; 2.2.2. Home address and telepi~one number; 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed conlracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; 2.2.7. Type of Ce~ificate of Competency for %vhich application is being made; 2.2.8. A complete list of all outstanding debts related lo the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's %vhereabouts; 2.2.10. A statement whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past teo years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attacl~ or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of tile applicant; b. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier -25- Words added arc lal~[JJ~;I; words deleted arc ~Fe~gh. County/City ~f-Naples Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been administered by a testing agency recognized and approved tl'~rougt~out the State of Florida as providecl for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If tl~e applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, the applicant shall apply through a qualifying agent and comply ',vitl~ all requirements and responsibilities contained in Sections 489.119 and 489.1195, Florida Statutes. Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. A business organization must have an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; 2.3.6. Names and addresses of all partners, directors and officers; 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency if the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1} year, a credit report on eveq,, business organization in wl'~ich the Applicanb/Qualifier was an agent is required, ff neither of lhe above is applicable a personal credit report on tbe applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement of the reasons for nonpayment; -26- Words added are 'l. ladgxlia~; words deleted are swue, k-~ough. 2.3.1 1. The signature of an attthorized officer of the business organization; 2.3.12. Qualifier information: a. The name of the qualifying agent and date of birth; b. The name of the business organization to be qualified; c. Type of Certificate of Competency for which application is made; d. The home address of the qualifying agent; e. Tile names and telepl~one numbers of two persons who will always know tile qualifying agent's whereabouts; f. Scores on any approved examination; including tile area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and ccmpetence in tile trade category for which application for a Collier County/City ~,~'--Naples Certificate of Competency has been made; h. A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; i. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; j. A statement of the qualifying agent's business and work experience during tile previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; I. Proof that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by suctl business organization. Proof that a qualifying agent is legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for tile business organization, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization. 2.4. Master or Journeyman Applications. The name of the applicant and date of birth; Home address and telephone number; Business address and telephone number; Type of Certificate of Competency for which application is being made; -27- Words ,added are I,RlJgflk~; words deleted ate ramc, k-thr-eugh. e. The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, tile date of testing and the place of testing. Prior to taking the tests required by this Ordinance, an applicant must provide verification that he or she has complied with the experience requirements. g. A statement of the applicant's business or work experience during tl~e past ten years; h. A statement of any formal training in the trade categories for which application is made for a competency card. 2.5. Standards for the Issuance or Denial of a Certificate of Competency. 2.$.1. Contraclors. The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on tile face of the application, as submitted by the applicant, that: a. The application is complete in accordance with the requirements of this Ordinance; h. The applicant possesses the experience required by Sections ~.6 and 1.8 of tlqs Ordinance; c. Tile credit report submitted indicates no facts and circumstances which show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 61G4-15.005 and 61G4-15.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensing requirements provided for by this Ordinance. f. g. h. license; and i. All required affidavits have been submitted; All required fees have been paid; The applicant possesses a current Collier County occupational 1'he applicant or the qualifying agent is at least 18 years of age. -28- Words adc]cd arc ~: words deleted are 2.5.2. Referral of Application to Contractors' Licensing Board for Decision. If il does not appear on the face of tile application that lhe applicant has complied wilh lhe requiremenls of lhis Ordinance so as to be eligible for a Certificate of Compelency, lllen tile Contraclor Licensing Supervisor shall refer the application to the Conlractors' Licensing Board for a decision regarding approval or denial of lhe application. 2.5.3. When an application is referred to the Contraclors' Licensin~ Board, the Board shall take testimony from tile applicant and shall consicler other relevant evi(te~'<e regarding whether the application meets the requirements of this Orclinance. UI)on fl~e evidence presentecl by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualifiec! for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testing requirements if convinced that the applicant is qualified by experience whereby such competency testing would be superfluous. 2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a conlpetency card shall be issued hy tile Contractor Licensing Supervisor or his/her designee. 2.5.4. Additional Requirements. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. Tile applicant's state registration number or a statement that the applicant has r-nade application for a state registration number (anyone not required to tlave a state registration number by Chapter 489, Florida Statutes, is exempted from tllis Subsection!; 2.5.4.2. Tile applicants' individual or business organization's United States Internal Revenue Tax nunlber; 2.5.4.3. Proof of insurance as required h,y Section 2.8 of this Ordinance; 2.5.4.4. A statement that tile applicant has or will comply wilh all Workc. rs' Compensation laws of ti~e State of Floricla prior to contracting in tile City o~ and in Collier County; 2.5.4.5. Where applicable, a statement that tile applicant has registered tqs fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required by Section 865.09, Florida Statutes; -29- Words added are Kfllkilia~; words deleted are r,t~h. 2.5.4.6. When a Certificate of Competency is issued in the name of a business organi/ation, fl'~e cerlificate shall be in the name of ti~e business organization and lhe name of Ihe qualifying agent si~all b~t noted thereon. The requirements of Ilqs Section sl~all he deemed Ir, be a ponion of tl~e application and any false statement made by an applicant as to infom~alion re(p~imd hy Ii,is Section si~all be grounds for discipline as provided for in 2.6. Approved Examiners. Ti~e approved examiners for the purpose of administering proctored exams as required tills Ordinance are ~~ RI~~~, ~~S~O~ ~ GainesviHe, Florida, ~ ~, and any other testing agency with comparabl(, lesling standards recognized and al)proved throughout the State of Florida and also al)proved I)y Ihe Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall I)e specific to Ih(, trade catego~ for which application for a Cedificate of Competency has been made. S~irl examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. When a Cedificate of Competency becom(,s void pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except ~vhen the most recent relevant examination was taken and passed within lhree (3) years of the (late of receipt of the new application, pursuant to Chapt(,r 489, florida 2.8. Insurance. All licensed contractors shall maintain liability and ofl3er categories of insuran(-e, as required by Florida law, al all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limilsofliahilitv insurance rr~rluired shall h(, not less lhan $]00,000 for I)odily injuW and $25,000 for i)rol)edy damage or any higher minimums as required by FIorida law. All licensed contractors shall maintain apl)licahh, Workers' Compensation insurance as require(I I)y Florida law. 2.9. ~ I,~ Status. 2.9.1. Any person or firm that holds a valid Collier County/City Cedificate of Competency may place tl~e Cedificate of Competency on ~latus durin~ which time said person or firm/entity shall not engage in contracting ~~bL but may retain the cmtificate on aR ~t5 h~6~ basis provided ~hat timely paymenl is made of an annual renewa' ~ee as set fodh in Section 2.1.5 of this Ordinance and al)piical)le r(,solutions enacte(J by the Collier Cotlnly Board of County Commissioners. -30- Words added arc un~; words d¢lclcd arc s~ruOc-d~oe~h. 2.9.2. Persons or business organizations desiring to renew a~c~-qn,ae~4ve dQ.U.L~Ltt certific.~te may (Io s~ hy complying with the requirements (d Section 1.4 of this C)rdinance relating to renewals. 2.10. Restricted Cedificates of Competency. The Co ~tractors' Licensing ~ g ,'~ ~' may isst~e a ~ Cedi(icate nf Competency to an applicant for a cedificate in a padicular trade, wtqch ~ is restri(:t(,d to cedain aspects of tt3at trade wi~ere the applicant has satisfactorily demonstrated l~h~i~rit~~¢~ that ~ ~B~t is qualified under tl~is Ordinance in t1~ cedain aspects of that trade · ' ~ ~ ~ , .. 2.11. Emergency Restricted Cedificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City o~ by the ~ City Council, in which st~hstanfia[ damage has occurred to btfildings and strt~cturos ~o as to cause a shodage of available persons and firms/entities in the contracting trades fnr whJ('h there are Collier County/City o~ffl~ Cedificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shodage of designatect categories of contractors and/or st~b-contraclors listed in this Ordinance. This declaration shall I)e for a period of time not to exceed six (6) months. 2.11.2. Authorize the Contractor Licensing Supe~isor to prepare and regulate the selection of contractors and/or sub-contractors from other jurisdictions wl~ose licensing requiremenls are substantially comparable Io those licensed in Collier County. The contractors selected must t)e licensed in jurisdictions whose testing and licensing requirements haw, been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. [t~e County will provide active field supemision wilhin the City ~p~ of licensed and unlicense(t activity through its investigation and citation authority. 2.12.1. The Cotif~ty shall be responsible for issuing licenses in accordance with th~s Ordinance ~o authorize contractors to work within the geographic boundaries of Cotmt¥ and 0ae City e~f~pk~. The County shall collect the fees for those contractors licensed to work within the County and City ~. -31- Words added arc 't~;l.~r. Lia~; words deleted are s~ruc,.k, qhro~aa. 2.13. Conlractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, I)usin(,ss contacls, telephone recorcls, insurance policies, ImJers of complaint, notices received {rom Bovernmenl entities, bank slalements, canceled cl~ecks, records of accounls receivable and payable, financial slalemenls, Joan docun~enls, ~ax reJurns, employee records and all off,er business and financial records ll~e conlractor mainlains in lJ~e course of business. The contractor shall allow ti~e Comractin~ Licensin~ Supervisor, or his designee, access 1o all documenls referenced in fl~is seclion upon demand and durin~ normal business I~ours. Copies of any documents requesled by ti~e Comraclor Licensin~ Supewisor, or his designee shall be provided by the Contractor upon paymenl o( reasonable reproduclion costs, which shall not exceed Ihe Contractor's actual reproduction costs, by the Comractor Licensin8 Supewisor or his desiBnee. PART THREE: THE CONTRACTORS' LICENSING BOARD. 3.1. Composition. 3.1.1. The Conlractors' Licensing Board~,z~t.~LL~ ~ is composed of nine (9) members who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within corporale cily limits o¢-Naple,~ or si~all be recommended to lhe [~oard of County Commissioners by the ~ City Council. The Board of County Commissioners may also appoint alternate members as it deems appropriate. ~ t · ~r ; t ' I The nM~ members of the t ~ ~h I ' a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential, or building contractor accJ~r,~ ' ' ' ' ~ ~this P. EO_Y.~.J,.QQ -Sec--t4e~ is merely directory' and failure to I~ave ~12.Q.LQ,t.e,_d~rom e,-mec*~,~e~cq~ these trades shall not be grounds for voidin~ ~L~Q~ any action of the Board. -32- Wt~rds added arc un 'iltlr, Jia~; words deleted arc s4n~,k~gh. 3.1.2. Ii,re ~1) ' I ~r ro ~'n I h . ~~ il . ~ E .C2g.Cb Ail initial ][u.ll-term appointments of a member ~~ shall I~e for a term of three (3) years~ e~~ 3.2. Internal Operating Procedures. 3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice ct~airperson from its membership. 3.2.2. Meetings. 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. 3.2.2.2. Upon the request of the Contractor Licensing Supe~isor, or his designee, or at such other dines as may be necessaw, the chairperson of the Contractors' Licensing Board (and, in his absence, the vice chairperson or, in the vice chairperson's absence, the temperaW chairperson elecled by majoriW vote of the members of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings may also be called I)y written notice signed by at least three (3) members of tl~e Contraclors' Licensin~ Board. At any t~earing, the Contractors' Licensing Board may set a fulurehearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to thc, puhlic. -33- Words added are ~; words deleted are stmek4hrough. 3.2.2.3. live members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by ti~e Contractors' Licensing Board for the proper performance of its duties. 3.2.2.5. The Counly Attorney, or his designee, shall either be counsel for tl~e Contractors' Licensing B~)ard or shall represent the County by presenting cases before tt~e Contractors' licensing Board, but in no case shall the County Attorney or Ills designee serve in both capacities for tile same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference by tile Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of contractors' Certificates of Competency as measured by sta~ldards stated in this Ordinance. 3.3.2. Tl~e Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City ~ Certificate of Competency, or a State certified contractor doing business in Collier County, should be disciplined !:)ursuant to Part Four of tt]is Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Board shall have tile power to initiate disciplinary proceedings in his/her capacity as a member oi: the Contractors' Licensing Board. 3.3.3. Tile Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board m accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, wi~en and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. 3.3.4. Tile Contractors' Licensing Board shall further have the power to: a. Ftold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or journeymen holding Collier County/City certificates of Competency or State certified contractors doing business in Collier County or the City ef~ pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. -34. Words addcd arc tta~lin~: words deleted are ran~g~q~-c~gh. 1 !02 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board or otherwise by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance anti shall review amendments to the Ordinance proposed by County stal'f. PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Misconduct - Collier County/City mc.Naples Cerlificate of Competency Tl~e following actions hy a holder of a Collier County/City ~NMffI,,:~. Certificate of Competency sl~a[I constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 4.1.1. Knowingly combining or conspiring with an unlicensed contractor I)y allowing one's Certificate o1' Competency to be used by an unlicensed contractor with intent to evade tile provisions of this Ordinance. When a licensed contractor acls as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or mom companies without having any active parlicipation in the operatic, ns, management, and control of such companies, such act constitutes prima facie evidence of an intent tn evade the provisions oi' this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the compar~y(s), including all contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty [60) days from the date oi' termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article, Inany event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may be presumed abandoned ii' the contractor -35. Words added are u~Lctgg~; ~'ords deleted ~re terminates the project wi(bout just cause, or fails to notify the owner in writing of termination of Ihe contract and basis for same, or fails to perform work for ninety (90) consecutive clays without just cause and no said notice to the owner. 4.1.4. Divedin§ funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose Io any ortner use ',vbatsoever. 4.1.5. Departing from or disregarding in any material respect tl~e plans or specifications of a construction job without the consent of the owner or his duly authorized represenlalive. 4.1.6. Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of ttqs County. 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance,. 4.1.8. Con'mqtting mismanagement or misconduct in the practice o1' conlracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under am.' of the follo,.ving circumstances: a. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for ti~e customer's job: tim contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by within 30 days after ti~e (late of such liens; b. The contractor has abandoned a customer's job and the percentage oi' completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned; TI,e contractor's job has been completed, and it is shown that the customer bas had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the resuh of -36- Words addcd are ~; words deleted are circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or ,.vas otherwise permitted by the terms of the contract between tile contractor and the customer. 4.1.9. Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or st~ould have known that the person or entity was unlicensed. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrar~ to the provisions of the construction contract. Fauhy workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the. quality and/or quantity of the unfinished or finisl~ed work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, fauhy workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation lo the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 4.1.11. Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories of insurance as requirecl by this Ordinance. 4.1.1~. Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee. 4.1.13. Failing to maintain a current mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scl~eduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or ti~e ability lo practice contracting. 4.1.16. Allowing another to take a qualifying examination on the applicant's behalf. 4.1.17. Engaging in contracting business in Collier County or the City ~ widen prohibited from doing so by the Contractors' Licensing Board of Collier County. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from tl~e City c~Pa~ building and znning division or the county building review and permitting department. -37- Words added arc underlined; words deleted are .,,Iniq, g-tb~,. 4.1.19. Failing in any material respect to comply with the provisions o1' this Orclinance as a conlraclor or as a qualit,ying agent for a business entity engaging in contracting. 4.1.20. Si§ning a statement with respect to a project or contract falsely indicating tt~at the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials whict] resuhs in a financial loss to the owner, purchaser, or contractor; or falsely indicatin§ tJlat Workers' Compensation and public liability insurance are provided. 4.1.21. Failure ofaqualifyin~agent fora firm/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Floricta Statutes. 4.1.22. Falsit,ying or misrepresenting any material fact to another person with tile intent or for the purpose of engaging in the contracting business, providing materials or ~ervices, or ~oliciting busines~ for an employer, as a contractor, or a,, an employ~e, regardless of any t,inancial consideration. 4.1.23. Failing or refusing to provide proof et, public liability and property damage insurance coverage and workers compensalion insurance coverage. 4.1.24. Misconduct in lhe practice of contracting (See section 4.2, I)elow). 4.2. Misconducl - State Cerlified Contractors Tile following actions by State Certified Contractors shall constitute misconduct and ~rounds for discipline pursuant to Section 4.3 of ll~is Ordinance. 4.2.1. Failin~ or refusing to provide proof'of public liability and property damage insurance coverage and workers compensation insurance coverage ~~ ~.~e.~. 4.2.2. \/Vitlt,ully violating the applicable building codes or laws of tile state, City ~ or Collier County. 4.2.3. If tile CLB ["~:~M finds through ~ its public hearing process that the contractor ',','as found g~ b_~ another county or municipality within the past twelve (12) months, ~ et' fraud or a willful building code violation and finds that such fraud or ~ violation is ~ fraud or a violation if committed in Collier County or ~ the .E~p..e,.C.tJ.y~ City 4.2.4. Fraud. 4.3. Disciplinary Proceedings, including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), F.S.; Violations of subsection 489.132(1), F.S.; and (iii) oti~er violat,ans within the jurisdiction of tl~e Contractor's Licensing Board. Word~ added are k~I1/h~,i/g~; words deleted a. Subsection 489.127(1), F.S., is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127(1), F.S.: Collier County Building Official, all License Compliance Officers, the CIqet Building Inspector, Chief Electrical Inspector, Chief_ Plumbing/Mect~anical Mechanical, anti/or other inspectors authorized from time-to-time by tile Building Official. Procedures specil'ied in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489. 132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1 ), F.5., are tl~ree bund red ($300) dollars for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by the same individual or entity~ Penalties for contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in Section 489.127, /-.$. Penalties for contested violations of subsection 489.132(I), F.S., are as now or horeafter specified in Section 489.132, F.S. The Citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by Resolution of tile Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncompliance" as the County's first response Io a minor violation of any provision_of any regulatory law, including this Ordinance, when (i) it is reasonable for Staff to assume tt~at the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it ,,vas not clear to the violator Ilow Io comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. Tile Notice of Noncompliance should identify the specific provision that ,.vas violated, should provide information on how to comply with that provision and should specify a reasonal~le time for full compliance. The Notice of Noncompliance shall not be accompanied wiIl'~ any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violali~n within the time specified in the Notice for Compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a ~major~ violation. c. Major Violations. The Contractor Licensing Supe~'isor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners. -39- Words added are untl~fli~; words deleted are r,*rmv, Sqhr~§h. l'; 4.3.2. Any person who I)elieves thai a con/raclor l~ol(lin~ a (-enificate 2fi C))ml}elpn( % has % ir~J;Itod Ii,is Ordinance may quJ}mil a sworn complaint 1o Ibp C<mtra( 21 l icenqn~ KUl}e~)*or. {~r his/hpr d(,qignee. The complaint shall be in sui)qamially Tho form 22 proqcrilmd I,x the (7~mtractor I. icensing Supe~isor. The complainant 4~all pay a fo,, 23 5~O.OO, h~ ~l,,frdx II~, coqs of administering tho complaint, al Ibp tram r~f filing 2~ (omphmm lin, (~m~plmning p,my shall state with pa~icularity which ,~,('t,onis) of 25 Or(lin,mc~ hp or sh,' }mhevos has boen violated by the contractor and th~, esqemial (a(tq 2~, suppoM thpr('r)f. 27 4.3.3. [Ip~m lin, ,mbmi~si[m of ,~ sworn complaint, tim ()mlract(>r 2S Supe~,isor, ~r his/her dpsignee, shall conduct a pre[imina~ inw'stigalmn and determ,m, 2'~ whether fl~e c~m~plnint suim~ittod warrants the filing of formal chargeq. If charges are 30 warrantod, Ih,, ('{mlra('tor [_l{ pnsing Sulm~'isor, or his/her designee, shall fito Ih,, ('omul,/iHl 31 with the ('Ie~k to tht~ (Miller Count5 Board of County Conmfissioners and gh,ll] send, 32 ce~ified mail, rohm~ receipt requested, a letter to the licensed contr,~ctor at his Meal 33 address, or ~f applicabh, th,, local agent's address, as shown I)y th,, ri,cords of 3.1 ()mtrdc'h}~C t ~, eh. rog Ilo,rd, ,, t lo,rog a copy m' the complaint and ind,( 3~ a. fhe name of the complainant; 36 f;. lhe ~Iatt,l~'~ of the ~ommissmn o( the alleged offense~s,; 37 -40- Wnrds added arc undcrlined; wnrdn dcleted arc ~mc-C-lhroueh. c. The section(s) of this Ordinance alleged to have been violated; d. "[he range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The (late scheduled shall not be sooner titan twenty (20) (Jays from the mailing date of the cenified letter. 4.3.3.1. The notice of hearing required by this Section may, in ti~e alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the conlractor's business or ust~al place of residence with some person of his/her family over 15 years of age and informing st~ch person o1' the contents of tim notice. 4.3.3.2. As an alternative lo providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. S~,ch notice shall be publisl~ed once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. ['roof of publication shall be made as provided in Sections 50.041 and 50.051, florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence tt~at an attempt tins been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, withot,t regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of Hearing. 4.3.4.1. A hearing shall bet~eld concerning the complaint and it shall beopen to the public. 4.3.4.2. Tile proceedings at the i~earing shall be recorded and may be transcribed at the expense of the part,,, requesting the transcript. Any party may have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' -4 l- Words added are un~:.r. KIl~; words deleted are Licensing Board sl~all be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by tile County Attorney, an Assistant County Attorney, or by a member of tile County staff. Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issue subpoenas to the greatest extent tl~en allowed I)y law, including Section 162.08, F.S. 4.3.4.4. Assuming proper notice of ti~e t~earing has been provided to the contractor, e ' ' ' ' as provided for in Section 4.3.3 of tiqs Ordinance, a hearing may proceed in the absence of the contractor. 4.3.4.$. Ti~e Contractors' Licensing Board shall proceed to hear the cases on the agenda for that (lay. All testimony shall be under oath and shall be recordect, ffhe Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supe~'isor, or his/l~er designee, from the contractor alleged to be itl violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process st~all be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in tile conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in tile courts of tile State of Florida. Hearsay evidence may be usecl for the purpose of supplementing or explaining any evidence but shall not be sLffficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party callect the witness to testily and to rebut any evidence presented against the partv. 4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, shall I~ave all powers necr'ssa~' to co~lduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. -42. Wortis added ,nrc P.g.~GJ.~I: words dclctcd arc stn~k-d~ro~,~c~h. 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of taw; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose o1' tile complaint in accordance with this Ordinance and Florida law. Said findin§s of fact, conchlsions of law, disciplinary sanctions, if any, and any related order shall constitute tile decision of tile Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall l~e stated orally at tile hearin§ and shall he reduced to writing and mailed to the parties within 30 days after the I~earing. The findin§s of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of tile Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Boarcl orders otherwise. The decision of tt]e Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting o~ the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinary Sanctions. 4.3.5.1. Holders of Collier County/City ~ Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within tiw, meaning of Section 4.1 of this Ordinance, said Board may, but shall not be required to, impose any of the following enumerated sanctk~ns, alone or in combination: a. Revocation of a Collier County/City ~N~4es Certificate of Competency; b. of Competency; C. Suspension of a Collier County/City ~ Certificate Denial of tt~e issuance or renewal of a Collier County/City e-f-~ Certificate of Competency; d. A period of probation of reasonable length, not to ex(eed two years, -43- Words added are ~; words deleted are s.waok-4htoagh. i. permits or requiring j. violation. 4.3.5.2. a. during,.viqct~ tl~e contractor's contracting activities shah be under tt~e supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors' Licensing Board may be revoked for causo by said Board at a hearing noticed to consider said purpose. Ti~e contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice st~all be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that eitt~er of these methods of service have been utilized sl~all be sufficient to show thal the notice of I~earing requirements of this Section have been met, witl~out regard to wl~ether or not the alleged violator actually received notice; e. Restitution; f. A fine not to exceed $5,000; A public reprimand; Re-examination requirement; Denial of the issuance of Collier County or City ~ N~es building the issuance of permits with specific conditions..' Reasonable investigative and legal costs for the prosecution of the Holders of State of Florida Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County/City e¢~ building permits or require the issuance of permits with specific conditions. b. Nolification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after tl~e Contractors' Licensing Board decides to deny the permit. 4.3.$.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: d. o. The gravity of the violation; The impact of the violation on the public health, welfare or safety; Any actions taken by the violator to correct the violation; Any previous violations committed by the violator; Any other evidence presented at the hearing by the parties relevant as -44- Words added are I, ta.~,~; words deleted are ~. to tile sanction which is al)propriate for tile case given the nature of the violation and the violator. 4.3.$.4. Any disciplinary sanctions imposed by the Contraclors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders othenvise, all in accordance with Section 4.3.4.10 of this Ordinance. 4.3.5.5. In addition to any action the Contractors' Licensing Board may take against tt~e individual's or business organization's local license, and any fine the Contractors' Licensing Board may impose, tl~e Contractors' Licensing Board shall issue a recommended penahy for the State Construction Industw Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. 1his recommencted penalty may include a recommendation for no fu~her action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Indust~, Licensing Board or Electrical Contractors' Licensing Board, or a combination thereoL The Contractors' Licensing Board body shall inform the disciplined comractor and the complainant of the local license penahy imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction lndust~ Licensing Board or Electrical Contractors' Licensing Board of its action and the recommended board penalty. 4.3.5.6 Fines and all ortner moneta~ penalties may be collectec and disposed as authorized by and subject to Chapter 489, F.S. Should any moneta~ p('nahy imposed by tl~e Board not be paid within the time specified by the Board's Orde:, the Board may request from the Board of County Commissioners authority to that appro')riate legal action to collect the penahy. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.1. Rehearing. ~~ ~ found to be in violation of this Ordinance. ~ ~ may request a rehearing of any decision of the ~ ' ~. A request for rehearing st~all be ~ in writing and shall be filed with 0~~ ~~ ~ ~ ~ and ~~~ ~ ~ a~y ~ other parties within twenty (20) days from tl~e date of mailing ~ m I ~ 'v ' ' of the Board's written decision under ~ ....... this Ordinance. A request for rehearin~ shall be -45- Words added are ~l/Kiltrlined: words deleted are stme, k-4hr-ough. based only on the ground that ' ' · ~ the decision was contraq,' to the evidence, or that the hearing involved an error on a ruling of law I~t.d/_.0z_[~c3 which was fundamental to the decision of the ~ ~~~~(1. The written request for rehearing shall specify the precise ~ ~lra~~M~ ~vhich is ti~e subject of ti~e reheari~g request shall remain in effect tiwoughout the rehearing procedure unless ,'~ 'i~ r ~ ' ~~ orders othenvise. ~ 5.1.2. If the Contractors' Licensing Board determines it will grant a rehearing, it a. ~ ~&~k~e a hearing where the pa~ies will he given opportunity of presenting evidence ~or argument ~ limited by the Board to the specific ~ ~ for which the rehearing was granted. b. ~, M~odify, or reverse its prior decision, ~ without receiving funher evidence, providing that the change~ is~ based on a finding that the prior decision of the ~~ Board resulted ~ a ruling on a question of law ~ which the Board has been informed by its counsel was ~ an erroneous ruling and r ' ' fi ~ found to he in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court ~ ~. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the ~ ' r ~ - ' e ~. Any appeal shall be filed witt~ the Circuit Court and ~ se~ed on the pa~ies within thi~y (30) days of the ~ ~ ~ of the effective ~ ~ of the Board ~~ ~hi~rd~. If there has been a re-hearing request, the appeal shall be filed -46- Words added are ~XL~l~l. Ltlgd; words deleted are with tile Circuit Court and b._e served on the parties within thirty (30) days of the ~ ~§ of the Board's ~e~e,~h~g decision ~ ~' ~ · 5.2.~. In 1he event g~ the ~ ~ found to be in violation of tt~is Ordinance sl~ould elect to appeal, a verbatim record and transcript ~ ~f the ~ ~ shall be ~ ~ , ~ It si~all be fl~e sole responsibility nfthe ~ ' ~ "~ to ensure that a record is made from wiqch a transcript may be prepared which includes the testimony upon wl~ich an appeal may be taken. Neither Collier County nor the ~ ~~~d shall have any responsibility to provide a verbatim record transcript of the proceedings. · f ~ · . SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shaw apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. Ti~e provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or relettered to accomplish same, including the word "ordinance" may be ci~anged to "section", "subsection", "article~, or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. -47- \Vord,~ added are ~d; words deleted are PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of , 1999. A. TTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By:_ Deputy Clerk PAMELA S. MAC'KIE, Chairwoman Approved as to form arid legal sufficiency: lhomas C. Palmer Assistant County Attorney I l/hT,/Orrl.'99f ('l [I -48- Words added are '~lai~; words deleted are rm, a3c, g4~ough. ORDINANCE NO. 99- 45 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; APPLYING THIS ORDINANCE WITHIN THE CITY OF MARCO ISLAND; AMENDING SECTION 1.4.9 REGARDING REACTIVATING A DORMANT CERTIFICATE; AMENDING SECTION 1.6.1.1 TO LIMIT SERVICES THAT MAY BE PERFORMED BY A GENERAL CONTRACTOR AS NOW OR HEREAFTER RESTRICTED BY FLORIDA STATUTES; AMENDING SECTION 1.6.2.1 TO ADD DUCT CLEANING AND SANITIZING AS AUTHORIZED SERVICES FOR SHEET METAL CONTRACTORS; AMENDING SECTION 1.6.2.3 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR MECHANICAL CONTRACTORS; AMENDING SEC1'ION 1.6.2.4 1'O AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS A AIR CONDII'IONING CONTRACTORS; AMENDING SECTION 1.6.2.5 I'O AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS I~ AIR CONDITIONING CON'IRACTORS; AMENDING SECTION 1.6.2.6 TO AUTHORIZE SPECIFIED DUCT CLEANING AND SANITIZING FOR CLASS C AIR CONDITIONING CONTRACTORS; AMENDING SECTION 1.6.2.8.1 TO DELETE OBSOLETE GRANDFATHERING PROVISION; AMENDING SECTION 1.6.2.12 '1'O ADD THAT ELECTRICAL CONTRACTORS WHO ARE REGISTERED WITH THE STATE MAY CONSTRUCT RACEWAYS FOR ALARM SYSTEMS; AMENDING SECTION 1.6.2.9.1 TO AUTHORIZE SWIMMING POOUSPA SERVICING CONTRACTORS TO DISASSEMBLE CERTAIN EQUIPMENT FOR CLEANING POOL OR SPA OR TREATING WATER; ADDING "SCREEN ENCLOSURES" TO SECTIONS 1.6.3.2. AND 1.6.3.3; AMENDING DEFINITION OF "ALARM SYSTEM" IN SECTION 1.6.3.4; EXTENDING SECTION 1.6.3.20 TO ALL TYPES OF WOOD FLOORING; ADDING "SPRAYED-ON FIRE RESISTIVE MATERIALS" TO SECTION 1.6.3.23; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.29 NOW ENTITLED "PAVING BLOCKS CONTRACTOR"; ADDING PREVIOUSLY "RESERVED" SECTION 1.6.3.39 - NOW ENTITLED "EXTERIOR COVERING BY ARTIFICIAL STUCCO SYSTEM CONTRACTOR"; AMENDING SECTION 1.6.3.47 TO AUTHORIZE UNDERGROUND UTILITY AND EXCAVATION CONTRACTORS TO PERFORM SERVICES BY SPECIFIED MEANS, TO INSTALL SLEEVES FOR PARKING LOT CROSSINGS AND TO INSTALL SPECIFIED NON-ELECTRICAL UNDERGROUND CONDUITS; AMENDING SECTION 2.9 CHANGING "INACTIVE" TO "DORMANT"; AMENDING SECTION 2-10 RESTRICTED CERTIFICATES OF COMPETENCY; AMENDING SECTION 3.1.1 TO REQUIRE 1'HAT THREE MEMBERS OF' THE CLB MUST BE CONSUMER REPRESENTATIVE MEMBERS; AMENDING SECTION 3.1.2 TO INCORPORATE BY REFERENCE MOST PROVISIONS OF ORDINANCE NO. 86-41, AS AMENDED; DELETING SECTIONS 3.1.3 AND 3.1.4; CLARIFYING SECTION 4.2.3 - FRAUD AND OTHER INTENTIONAL VIOLATIONS IN OTHER JURISDICTIONS; AMENDING SUBSECTION 4.3.4.4 - "NOTICE" TO CONTRACTORS; ADDING SUBSECTIONS Ed) AND (e) TO SECTION 4.3.1 TO AUTHORIZE STAFF TO DENY ISSUING PERMITS AND OTHER AUTHORIZATIONS TO COUNTY CERTIFICATED PERSONS WHO FAIL TO PROMPTLY PAY A PENALTY UNDER THIS ORDINANCE OR WHO FAIL TO COMPLY WITH ANY CURABLE PERMIT CONDITION; ADDING SUBSECTION (f) TO SECTION 4.3.1 - DENIAL OF ISSUANCE OF A PERMIT TO A STATE CERTIFICATED CONTRACTOR REQUIRES A PUBLIC HEARING; AMENDING SECTION 5.1 REHEARINGS AND APPELLATE-TYPE REVIEW BY A COURT; ADDING A NEW SECTION 5.2.3 - SUBPOENAS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE [)ATE. WHEREAS, effectiw' October I, 1998, the Florida Legislature en,~cted Chapter 98- -119, Laws of Florid,,, amm~ding s,,veral florida S[atu[es ti~at control regul,dion of most contractor trades regulated by the County's Contractors' Licensing Board; and -l- Words ~n_d~l '[F~j!l~d art. added; words .q~c-k.qh~h art! deh,t~.d. 120 2 WHEREAS, some of those statuto~ amendments mandate that amendments must bo made to this Ordinance (itl the following Sections): 1.6.2.1, 1.6.2.3., 1.6.2.4, 1.6.2.5., 1.6.2.6., 1.6.2.9.1., 1.6.2.12, 1.6.3.3, 1.6.3.4., 1.6.3.47, and 3.1.1; anti WHEREAS, other provisions of this Ordinance are being amended at the discretion of the Board of County Commissioners upon recommendations from Staff, including applying this Ordinance to the City of Marco Island in conjunction with a interlocal agreement between the Co,.Inly and that City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. 1.1. Unlaw[ul to Contracl without a Cerlificate of Competency. It shall he unlaw£ul for any person, firm, partnership, corporation or other legal entity to: engage in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of a contractor or st,bcontractor for any of the trades listed in Section 1.6 of this Ordinance, wittqn the unincorporated area of Collier County and the incorporated ama within the boundaries of the City of Naples J ~ ' I~ ~, without having first made application for and having been issued a current and valid Collier County/City o~ Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or cerlified within tl~e definitions herein set forth if such employees are employed by a licensed contractor who exercises supervision and corqrol over said employees. Indicia of an employment relationship shall include tile employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by taw. 1.2. Building Permits. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County/City ~ Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the .2- Words I. liL(J.~.JJ~ are added; words .~ are deleted. 2_ t)ermitte(t construction, alteration, or repair. Such conduct shall ix, punishable as a violation of Ibis Ordinance and the permi~ anti inspection shall he considered invalid for that podion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner. Builders. Owners of propedy when acting as fl~eir own contractor and providin~ all material supe~ision themselves, when building or improvin~ farm oulbuii(lin~s or elm-family or [we-family residences on such propeny for ll~e occup,,~cy or use of ~uch owners and not offered for sale or lease. In all actions J)roughi un(ler Section 1.1 of this Ordinance, proof o[ the sale or lease, or o[fering for sale or h,,ise, of 4 struclure J)y tier owner-htJildt~r within 12 months after issuance o( a Ce~ifical(, of ()ccup,~ncy prima fm:ie evidence thai lhe conslruction was unde~aken for purpos~,s of sale or lease. Tt~is does not exempl any person who is employed J)y such owner and wl~o acts in the ~-ap~['ily ~f ,i ¢-~,~lr,~¢'lor. This rxi.nlplion do~$ noJ apply Io any lypr ~f building. '[o qu,dify f~r ~,xempli(m under Ibis Subseclion, an nwn(,r must al~pear and ~i~n lhe I~uil(lin~ permil application. An owner-builder will Ix, n~aximum ~)( one (1) owner-huilder permil for tho conslruclion ~f ,J (~ne-famiiv or two-family hnme in ,iny Ihrm, (3) ye,ir period. An owner-builder ,lpl)Jylt~~ I'or or receivin~ more d~an one Ruildin~ t~ermit for the construction o( a one-fancily nr Jwo-(amily home any lllreo (3) y(,,ir period shall I)e prima facie evidence of huildin~conlractin~ will,out a license which is a viol,ilion of this ordinance. 1.3.2. Public Works. Jim provisions of Ii, is Ordinance shall n~l ,ipply consJruclion, ,1Iteration, improvement, or repair carried oll within tho limits of any ~ite lille lo which i~ in the Lh~ile(I $l,m,~ or with rmlX,Cl lo which ~,d(,r,d law ~utmr~l,d(,~ this Ordinan('e; or to ,m .mthori/r(I (,n~ployee of the tJnile(I Slait,s, lhi% State, or any municipality, county, or other political subdivision if the employoe does nol hold himself out for hire or otherwise engage in conlracting except in accordance ~vith his employn~ent. 1.3.3. P(~rson~ t lol(ling Curr(,nt State Certified Certificates of Coml)(~tency. Any person hol(ling ,~ ('urmnt Stat(, ()f fl()rida C(,nifie(t Ce~ificate of ('()mt)et(racy is from obtairling a Collier County/City ~ Certificate of Compet(,n('y for that Ira(lc for which he/sim is cenifie(I hy the Slim,, unless a I()cal lic(,nse is also re(lU~r('d. Su(h Imrs()n is required to possess a ( urrenl occupati()nal license issue(I hy the 'lax Colle(:tor of Collier County, .m(I I~is/h(,r p(~rformance ,1~ a contractor shall I)e suhj(~('t lo all {~ther mquirt,ments ~f this C)r(tin,m('e n~)l s. ('~mfli('t with applicat)le Florida law. -3- Words :Jddcd ar(.' ~dJ,~J,E~; words d~l~.'lvd arc ~tu',Jm~h. 120 2 1.4. Renewal of Certificates of Compelency. 1.4.1. Certificates of Cor'npetency shall expire annually at midnight on September 30th of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensecl contractors at least one month prior to the expiration date of the licenses. ~. 4.3. Applicants for renewal must present the Contractor Licensing Supe~,isor or hi~her designee with the following: A. Evidence of insurance as required by lhis Ordinance. B. A current Colher County and/or City ~ occupational license, as applicable. 1.4.4. Any individual or business organization failing 1o renew his or its Ce~ificate of Competency prior to midnight on September 30th of each year shall have until mi(Inight December 31st of the same year to rene~v his or its Ce~ificale of Competency, provi(led however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, lhe renewal period shall not expire until midnight of the nexl working day. 1.4.6. Any individual failing to renew his Ce~ificate of Competency prior to December 31st shall he required to make reapplication pursuant to Pa~ Two of this Ordinance. 1.4.7 Any individual who fails to renew Iq~her Ce~ificate of Competency prior to December 31 of the year in which it expires shall have a delinquent Ce~ificate of Competency. 1.4.8 Any individual wino renews his/her Ce~ificate of Compete~cy by September 30 of the year following its expiration, but after December 31 of Ii,at yem, shall have a suspended Cenificate and thereby must pay an additional male fee in.accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 hereto, and must reapply in_full including updated credit repo~s and all other documentation required in Section 2 herein, but no re-testing si~all be required. 1.4.9. Any individual who fails to renew hi~er Ce~ificate of Competency prior to December 31 of the year following its expiration shall thereby automatically have a Ce~ificate of Competency ii,at is null and void. To acquire a valid Certificate front the County ti~e individual must pay the then applicable full application fee m accordance with -4- Words added are underlined: x~x~rds deleted are the sci~e(hJie of fet,s ,md charges adopted by Resolution pursuant to S~wtion 2.1.~ herein, and must submit an entire new application. If, as of the (late of receipt hy the County of said new application, three (3) years have passed since the date of his/her most recent examinatim~ tl~at the individual passed to acquire tt~e ~ormer Ce~ific,m., that individual must pass all tl~en applical)le lesting requirements. , , k , ~ ,~ t~ ~ e s I ,, "v ~ ~, t~ ' ' ~ ~ I ,, ' 1.~. (Ermlra('tors' Identification Required on all Adve~ising Mediums, 1.5.1. All ~ontractors licensed under the provisions of this Ordin,mce shall required to firmly affix and/or lo display ll~e qualifier's Certificate of Comprqency Number and the "Doing Bdsiness As" Name on all adve~ising mediums used by lhe contractor, including but nol limited 1o, contracls, brochures, business cards and vehicles used in their trade or business. The mininmm height o(each numher or letler affixr,d to and display~,d on vehicles shall be two (2) inches. 1.6. Definitions and Conlraclor Qualificalions. 1.6.1. Contractor means the person who is qualified for and responsit)h, for the entire project contracted for and, except for those herein exempted, the person who, for compensation, unde~akes to, or suhmils a hid lo, or does himself or by ollx~rs, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or slructure, including related iml)rovemenls to real estate, for (~tt~ers, or for resale to others, as hereinafter defined in Sections 1.6.1 Ihrough 1.6.3 of this Ordinancl,. 1.6.1.1. General Contractor requires fo~y-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose semites are unlimiled as Io the type of work whi( h he/she may eXCel)t as t)rr)vid('d in this Ordinan(:e ' , ~ NOTE: Also see Sect. 1.6.2. 1.6.1.2. I{uilfling (]ontraclr)r re(luires forty-eight (48) months eXl)eri~m('(, wilt~ passing grade on a six (6) hour tesl and a Iwo (2) t~our business and law tesl and means a contractor whose se~ices are limited to construclion of commerciaJ J)uiJ(lings and singl~dwelling or mulliple-dwelling residential buildings, wt~ich comm(,rcial or residential buildings do nm ~,xcr'e(I three stories in height, and accesso~ uf.e 5lrLIctLIro5 {n c(mnection therewith or a contractor whose 5e~i(:es are limite(I to remodeling, repair, or improvement -5- Words :,dd~d arc IJJ.l~J '~;d.i. lL~: words dulclud arc str~k-th~.l~l. of any size buildin§ if tile services cio not affect the structural members of lhe building. NOTE: Aisc) see Sect. 1.6.2. 1.6.1.3. Residential Contraclor requires fo~y-eighl (48) months experience wilh a passing grade on a six (O) hour lesl and a lwo (2) hour business and law test and means a conlraclor whnse sewices are limiled to conslruclion, remodeling, rep,fir, or improvement of one-family, two-family, or llwee-family residences not exceeding lwr~ qories in heighl and accessoW uso slruclure~ in conneclion lherewilh. NOTE: Also see Socl. 1.().2. 1.6.1.4. Contractor qualificalions for praclice and reslriclions. A general, building, or residential conlrnclor shnll not I)o required Io subconlract lhe inslallallon, or r0pnir made under warranty, of wood shingles, wood shakes, nsphnh or fil~orgh~ss shingle roofing materiatsona new lmilding of his own construclion. Fudher, a general contractor on new site developmenl work, silo redevelopment work, mobile home parks, and commercial prol)e~ies, shall not he require(I lo subconlract the conslruclion of lhe main sanila~ sewer collection syslem, the storm waler collection system, and tho water dislribulion system, not including lbo continuation of utility lines (rom lhe mains to lbo buildings. Further, as lo mobile home parks, the general conlraclor st]all nol be re(tuired Io suhconlracl the continuation of ufilily lines from lhe mains, and the conlinuations are to be considered a pad of the main sewer collection and main water distribution systems. However, no general, building or residential contractor stale codified after 1973, shall acl as, t~old himselFi~erseff mil to I)e, or adve~ise himself~erself lo be a roofing comraclor unless hoJshe is ce~ifie(I or registered as a roofing contractor. 1.6.1.5. A general, J)uilding, or residential conlractor, except as othe~vise provided in this pan, shall be responsible for any conslruclion or alleralion (ff a structural componenl of a building or structure, and any codified general contraclor or ce~ified undergroun(I utility and excavation contractor may perform cloaring and grubbing, grading, excavation, and <)lhor silo work for any construction projecl in ll~e slate. Any ce~ified building conlractor or certified residential contraclor may perform clearing and grubbing, grading, excavalion, and other site work for any construction projecl in ll~s slate, limited Io the lot on which any specific building is localed. 1.6.1.6. A general contraclor shall not be required to subcon/racl slruclural swimming pool work. 1.6.2. 5ubconlrncling; Subcontractors. A contraclor shall subcontract lhe electrical, mechanical, plural)lng, roofing, sheet metal, swimming pool, and air conditioning work for whicl~ a local examination for a Ce~ificate of Competency or a license is required, unless -6- Words added are undt.~: words deleled are LP-g SI. ICJ1 COlltra¢'lor holds a Cerlificate of Competency or license of th~, resl)ecliv(, Ira(lc category, as required by lhe appropriale local authority, 1.6,2.1. Sheet Metal Contractor requires lwenly-Four (24) months experience and a I)dssing gr,~de on ,~ three (3) hour test and a passing grade on ,~ two (2) hour business alld J,iw test dt~(I l~l(~atl~ ,i11¥ i~orson WJ~ose so.ices are tlnJimJle(J in lJle sJl~,el metal Ira(lc and who Jlas the experience, knowledge, and skill necessa~ for file malltl(,Wttlre, fabrication, assembling, h,mdling, ereclion, installation, dismantling, condilioming, .~djustment, insulation, alteration, repair, sowicing, or design, wJlen not prohilfited J)~ law, of (erroLl~ nonferrous metal work oF LJ.S, No. 10 gaLIgO or ils equivalent or ligl~ter gauge and of oliver materials, in( ludinR, hul not limited I~, fil)ergl~ss, used in lieu Ihereof ,.id o~ ,~ir-h,.~dling sysN. ms including the selling (ff air-handling equipmenl ,1nd reinforcement of sdme and including lhe balancing of ,l~r h,Jn(lling syqoms tis s I , h, . TIws definition and qualifications does not in( ludo roofin~. 1.6.2.2. Roofing Conlractor requires lhi~y-six (36) months exl)(,rienco, ,i passing grade on ,I three (3) Jlour lost an(J a passing grade oi~ a lwo (2) hour business ,in(I law test ail(J means ,lily person WJlose so.ices are ullJJmilo(J in lbo roofing Ira(lc ,lll(J who has exporience, knowledge, ,in(l skill to install, mainlain, repair, alter, extend, or design, when not prohil)ite(I hy law, an(I use maleriaJs an(J items used in IJlo inslaJJ,lti(HL extension, ,in(I aheration o[ all kin(is oF roofing ml(t roe[ waterproofing .in(I co,lli~g, i,x( cpi when codling is not represenled 1o prolecL repair, waterproof, stoI) ledks, ~r ~,xlend tho life of the roof. 1.6.2.3. Mechanical Contractor requires folly-eight (48) months experience ,is licensed Journeyman or e(jLHv,ilenl, a i)dssing grade on a six (6) ho(Ir lest ,ind ,i gr,l(Jo oil ,i two (2) JloLJF J)tlSJlless an(J law tom a~(J means any pers(ul NvJl()s~~ s(.~'t('i,$ unlimite(I in the execution of contracts requiring the experience, knoNvh,dgo, and ..kill inslaJl, mainlain, rel),lir, fabricate, ahor, ex(eh(J, or design, when not I)rohiJ)ite(J by central dir conditioning, refrigeration, i~eating, and venliiating syslems, inclu(hng work ill CollneclioI1 wilh ,I complete system only t(~ file extent SLICJl (ILICt work is performed by the conlrdctor as is necessaw lo nl,Jko complete an air-distribution system, I)oiJ(,r unfired pressure vessel systems, lift shflion equipment and piping, dn(I all al)pu~enances, apparalus, or equil)men( used in connection therewith: ~~ · ~ ~' i~f t r, lir ~.~ ~ ~ ~ t f tl, ~,s~ ' and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation oF pipes, vessels and ducts, preSsLiro and i)rocoss piping, pl~OLlnlatic -7- Words added are Ul~; wt~rds dclclcd are s~'u~4ht+~gh. 12C control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, nxygen lines, nitrous oxide piping, ink and cl~emical lines, fuel transmission lines, and natural gas fuel lines within buikiings; to disconnect or reconnect power and Iow voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanita~ system. The scope of work for such contractor shall also tach,de any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections fl~ereto, sanita~ sewer lines, swimming pool pil)ing and filters, or electri( al power wiring. 1.6.2.4. Class A Air Conditioning Contractor requires tidily-six (36) monfl~s experience as a licensed Journeyman or equivalent witl~ a passing grade on a six (6) hour test and a passing grade on a tw~ 12) hour business an(J la~v lest and means any person whose se~ices are unlimited in the execution of contracts requiring tt~e experience, knowledge, and skill to inslall, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessa~ to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equilm~ent used in connection therewith; I t~ I ~i~ , -~ ' ~' ' ...... ~ s, · ' to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulalion of pipes, vessels and ducts, pressure and process piping, and imeumatic control piping; to disconnect or reconnect power wiring and Iow voltage t~eating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal olt~erti~an a direct connection to a sanita~ syqem. Ti~e scopeo( work for such contractor shall also include any excavation work incidental thereto, but shall not include any work suct~ as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanita~ sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of ti~e disconnect switch. 1.6.2.5. (:lass B Air Conditioning Contractor requires thiny-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose semites are limited to twenty-five (25) tons of cooling and five hundred thousand 2 -8- Words added arc l~tlfl.c.r, lJll~: words deleted arc 120 2 (500,000) BTU of heating in any one system in lbo execution of contracts requiring experience, knowledge, and skill to install, maintain, repair, fabricate, aher, extend, or design, when not prohibited by law, cenlral air conditioning, refrigeration, heating, and ventilating systems, including duc/work in connection wilh a complele system only to extent such duct work is I)erformed by the contractor as is necessaw to make complete an air distribution system being installed under this classification; , ' , ' ~ ....... * *,* ~'toinstall, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or reconnect power wiring and iow voltage heating, ventilating, and air conditioning control wiring on Ihe h}ad side of an existing electrical disconnect switch; and to install a condensate drain from an air conditioning unit to an existing safe waste or other apl)roved disl)osal olher lhan a direct connection to a sanita~ system. The scope of work for such contractor ghal[ also include any excavation work incidental thereto, hut shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potal)le water lines or connections thereto, sanitaw sewer lines, swimming pool piping and filters, or (qectrical power ~viring on the line side of Ihe disconnect switch. 1.6.2.6. (;lass C Air Conditioning Contractor requires twenly-four [24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour business and law test and means any person whose business is limited to the se~icing of air conditioning, heating, or refrigeration systems, including dtlCt aheratirms in connection wifl~ those systems he/she is servicing 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6) hour lest, and means lhose qualified to perform work in the Air Conditioning Trade while employed or supe~ised by an air conditioning or n~echanical c(mtractor. 1his i)rovigion does not apply lo any individual wl~() lhen holds a valid, aclive jnurneyman's license in ll~e mechanical trade and that license was issued by any Florida CoLltlly or Florida Municipality when that licens(,e complie(I with all reciprocity criteria of Section 489.1455, 1.6.2.7. Commercial Pool/Sp,1 Conlraclor requires Ihi~y-six (36) Ill()nlJls experience with a passing grade or~ a lhree (3) hoLlr test and a passing grade on a two (2) hour aJ~d law test and means any person whose scope of work inw)lves, J)ul is not limited to, the conslruction, ~epair, water lroatnlenl, and splicing of any swimming pool or hol till) or -9- W~rds added are 'Wlgls:.IJJ~; w(~rd~ deleted are 12C 2 spa, whether public, private, or otherwise, regardless of use. Tim scope, of such work incJu{les J,]youl, (,xcawilion, operation o~ construction pumps for flewaterin~ purposes, steelwork, installation of li~hl nici~es, construction of floors, Runitin¢, fiberRlassinR, inslallation of tile and coping, installation of river rock, Spray Crele~, Keyslone~, and other suhstanlially similar lyl)oS of deck coalin~s in conjunclion with Ihe ('onMrtlclion of li~e deck, application of Marcite~ or other simil,w types of coatings Io ll~e interior of the pool, sp,~ or other w~ller slructure, installation of all perimeler and filt~,r pipinR, installalion of all filter eqt~ipmenl and chemical feeders of any type, plaslerin~ of lhe inlerior, construction cd decks, construction of equipment rooms or housing for pool e(luipn~,nt, installation an(I/or construction of waledalls and fountains, and inslallalion of i),~ckage pool healers. However, lbo scope of such work does not include direct connections sanitaw sower syMf,nl, poh~J)Jo water lines or to any electrical inslallation. 1.6.2.8. R~,sidenlial Pool/Spa Contraclor requires twenly-(our (24} nlonli~s experien('¢ with a passing grade on a lhree (3) hour test ~nd a passing gr,ld(, on ,I bye (2) hour J)tlgino~s an(J Jaw test and means any person whose scope o~ work illvoJves, J)tlJ i~ I1OI limited to, the construclion, repair, water lrl~atment, and sewicing o¢ ,my residential swin~ming pool or hot tub or sp,L regar(lJogs o( rise. The scope f)f ,t~ h work layout, excavation, operation of construclion pumps for (Iowatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile an(l coping, install,ilion o( river rock, Spray Crele~, Keystone~, m~d olher substantially similar types of deck coatings in conjunction with the construction of the deck, application of Marcile~ or olher similar lypes of coatings to the interior of the pool, spa or other water structure, inslallation of all fiher equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of i~ousing ¢or pool equipmenl, install,~tion and/or construction of waterfalls and fotmlains, an(J install~tion of p,~('k,~g(: pool However, the scope of such work does not include direcl conneclions t(~ a s,~nitaw sewer system, i)olal)le w,dor lin~m or Io any electrical inslallations. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contraclr~r requires tw(,nty- four (24) months exl)erienco with ~ passing grade on a two (2) hour business and I~w and nlo,lns any person whoso scope of work is limited Io the construction of non- recreational ponds, waterfalls and/or fOtlrlJains. I-towever, the scoj)e o[ ~tl('Jt work does not JncJu(Jo (]irecl (:onn(,clJons to ,~ sanita~ sewer system, l)olaJ)Je wt~l(.r Jim, s, or 1o any electrical inslallation. -lO- Words added are gl~: words deleted arc 2 1.6.2.9. Swimming Pool/Spa Se~icin~Repair Contractor reqtfires 24 months exporionce with a pasging grade on a throe ~3) hour tost and a passing grade on a two hntlr busines~ and law ~est and means any person whose scopo of work includes se~icing, repair, maintenance, or water treatment of any public or private swimming pool, hot tub or spa, and, subject to Section 487.0437, I.S., may include direct infusion of chlorine gas. The s<x~pe of such work may include any necessa~ piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessa~. The s(r~l)(' of such work includes lhe reinstallalion of tile and coping, repair and replacemont of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruclinn o( decks, and reinstallation or addition of pool heaters. 1.6.2.9.1. Swimming Pool/Spa Se~icing Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work includes se~icing or water treatment of any public or private swimming pool, hot tub or si)a, and, subject to Section 487.0437, F.5., may include direcl infusion of chlorine gas. ' ' 's g fl ~ ,~ , enl, 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the plumbit~g trades while employed or supe~ised by a plumbing contractor. This provision does not al)ply to any indivi(hml who then holds a valid, active journeyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that.licensee complied with all reciprocity criteria of Section 489.1455, F.S. 1.6.2.11. Plumbing Contractor requires twentyJour (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two (2) I~our business and law test and means any person whose contracting business consist~ of the execution o( contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited hV law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulato~ license, certificate, or registration: sanita~ drainage or storm drainage -II- W,,rds added arc un '~r. lja~; vmrds dctctc'd arc 120 2 facilities: venting sysloms; puhlic or private water SUl:,llly sy.stems; septic tanks; drainage and sill)ply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, ar equipn~ent used in conneclion fl~erewitl~, including boilers and pressure process piping and including the installalion (ff water, n,dural gas (excluding liquid petroleum gasesl, and storm and sanita~ sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not p~ohil)iled I)y law, and installation, maintenance, rel)air, alteration, or extensions o( air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinkh,rs to Ih,, extent aud~ori/ed hy applical}ie law; il~k a~(t chemical lines; fuel oil and gasoline piping, except hulk storage plants; an(J l)netlnhltic control piping systems, all comply witl~ all plans, specifications, codes, laws, and regulations appl,c,fl)le. 1he scope of work of Ihe i)lumhing contractor shall apply to private prope~y ami public pr(q)(my, shall include any excavation work incidental thereto, and shall include the work of Ihe specialty I)lumJm~g c~mtractor. SHch contractor shall subcontract, with a qualified contra(tot in tim field concerned, all other work incidental to the work hut whici~ is specifi~'d immin as being the work of a trade other than that of a pluml)ing contractor. 1.6.2.11.1. Journeyman Electrician requires four (4) years ds an alq~rentic(,, a passing grade on a six (6) hour test, and means those persons qualified to perfom~ work the electrical trades while employed or supewised by an electrical contractor. This provision does not apply to any individual who then holds a valid, active journeym,m's license in ll~e eh,ctrical trade and that license was issued by any Florida ( ounty or Florida Municipality when that licensee complied with all reciprocity criteria o~ ~,,ction 480.5335, 1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) bohr test and a passing grade on a two (2) I~our business and law test an(I means a person who conducts I)usiness in the electrical trade field and who has the experience, knowledge, and ~kill to install, repair, alter, add to, ar design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways ~ ~l~J~, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, co(les, laws, and regulations. 1he term means any person, firm, or corporation that engages in the business of electrical contracting under an express or -12- Words added ;irc undczlj, ll~: words deleted are .,artec '4~4hr~*ugh. 1.2C 2 implied conlracl; or that undertakes, offers to undertake, purpo~s Io have 1he capacity ~o un(tedak(,, or ~uhmits a hid t~ on~a~o in tho business of elo(:~rical ~nntrarlin~; or tidal (Ioos itself or hy or fi~r()u~h ()lh(,r5 (,n~aRe in tho business of electrical comractin~. The form electrical ~ontra~tor does not qualify any person, firm or corporation for the installation of fire atarms whid~ roquires a separate state license. 1.6.3. SI)eciahy Conlraclor mean~ any per~on who assumes reslx)nsihle (:harBe and direction in lhe performance of conslmclion work requirin~ special skills, and whose principle <:r)ntra(lin~ I)usiness involves tho use o( specialized I)uil(lin~ lrades and crafts usually a minor i)~ of ,~ ('oml)lele slruclure. Available (:aleBories of Specialty Contractors and their requiremenls are: 1.6.3.1. Ac~n~sfical Conlractor requires twenty-four (24) months experience with a passing ~ra(le on ,~ lwo (2) hour business and law test and means any person who is qualified to install, maintain, repair, and alter acouslical materials. The scope of work permitted under this classification shall include, but not J)e limited Io, Ih(, i~slallation of ~rid work used to support acoustical panels, incJudin~ luminous ceilin~ panels. 1.6.3.~. Alumimm~ Contractor Inclu(lin~ Concrete requires twenty-~our (24) months experience with ,~ passin~ ~r,~de on a throe (3) hour test and a passin~ grade on a two (2) hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security si~ulters, ~ulters, soffils and prefabricatecl rooms and potable metal or vinyl pa~ifions. These conlractors may form, place on 8rade rein~orcin~ s~eel and miscellaneous steel, and pour, place, and finish non-structural concrete incidental to an aluminum accesso~ slructure only, on grade only, ~~. 1.6.3.3. Aluminum Conlrac~or requires twenty-four (24) months experience with a passin~ ~rade on a three (3) I]our test and a passing grade on a two (2) hour business and law test a~l(I means lhose who are qualified to fabricate, install, maintain, repair, alter, or exlen(l accessories ~uch as metal and vinyl siding, awnings, security sl~ulters, gutters, soffits and prefabricated rooms, ,,~ n I s ~ . and portable metal or vinyl i)anilions. 1.6.3.4. Alarm System Contractor requires twenty-~our (24) months e~perience with a passin~ ~rade on a ll~ree (3) hour test and a passin~ ~rade on a two (2) i~our I3usiness and law test and means a person whose business includes ti~e execution of ('ontracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricam, install, maintah~, aher, repair, monitor, inspect, repla(:e, or sewice alarm systems for compensation. a. Alarm System Contractor I means an alarm system contractor whose business includes ail types of alarm systems for all purposes. -13- W(~rds added arc' '~lad.~]JZ~J; words dcletc'd arc 2 I). Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, ~ or combination of electrical devices used to .fiJg. a.cL~ detect a i~~ a burglary, fire, robbery, or medical emergency,--~-em~~. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to tile installation of burglar alarms in single-family homes and two-family homes, mol)lie homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) montt~s experience with passing grade on a two (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited lo kitchen cabinels, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been n]anufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six {36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who have the knowledge and skill to install any wooct and metal products including, but not limited to, rough framing, wood structural wood and metal non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetq/. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing gradeon a two(2) hour husinessand law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any t~ood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor require~ thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, cemenl, and water to agreed specifications, to construct forms and framework for the -14- Words added arc ~cl: words dclclcd arc 120 2 casting and shaping of concrete to place miscellaneous embedded steel anti to pour, place, and finish concrete. 'Tiffs category cloes not include the plastering of tile interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) monti~s experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to pour place and Finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesl~ reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires twenty-four (24/ months experience with a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a two {2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work shoukI be decorative in nature and non-structural in function; the materials used in the manufacturing and installation ol' said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months experience witt~ a passing grade on a three (3) hour test and a passing grade on a two (2) hour husiness and law test and means those who are qualified to demolish structures suct~ as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing grade on a three 13) hour test and a passing grade on a two (2) hour business and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits tile pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience wifl~ a passing grade on a three (3) t~our test and a passing grade on a two (2) hour business and law test and means those who ,ire qualified to install gypsum drywall products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The ~cope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of nletal studs and runners and all necessary drywall preparation trim. -15- Words added are tt~dgdJ.a~; words deleted are 12C 2 1.6.3.16. RESERVED. 1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a passing grade on a two (2) I~our business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications~or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person wino is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remnve debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: 'fhe use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience ' i '' and a passing grade on a two (2) hour business and law test and means any person who i~, qualified to install carpet, sheet vinyl and~z[: w~ I ' . i' s category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank and Puml~ Contractor requires forty-eight (48) months experience and a passing grade on a tl~re(, ~, hour test and a passing grade on a two (2) hour business and law test and means those, ,,vino are qualified to install, maintain, repair, alter, or extend any above ground system u,,ed for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid Iwdrocarbon fuels or mixtures (not to inctude pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a passing grade on a three [3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, -16- Words added arc ~13,g~lg~; words deleted are sash and door and holding metal frames, ornamental decorations, mirror~, tnb, shower enclosures, anti potable pa~ilions. 1.6.3.23. Insuhllion Contractor. a. All WP('~ except buildings - requires Ii,lily-six (36) monlhs experience, a passing grade on a three (3) hour test and a passing grade on a two (2) honr business and law test, and means ti~ose who are qualified to install, maintain, repair, aher, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, - ' C( ' or buih-up refrigerated Ix)xes or rooms, and acoustical materials. h. HuiJdings - requires twenty-four (24) months experim~ce, a passing grade on a lhm~, (3) hour test and a two [2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily install~,d to prew,nl loss or gain of heat from rooms or I)uildings. 1.6.3.24. Irrigalion Sprinkl(~r Contractor requires twenty-four (24) m()nths experience and a passing grade on a throe (3) hour test and a passing grade on a two (2) i~our business and law lest and means any person who is qualified to in~lall, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work doe~ not include direct connection to potable water lines. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience an(I a passing grade on a two (2) hour I)usiness and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant malerials, whell]er or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanita~ sewer system, ponabJe water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscape Contractors may contracl for only removal and/or trimming of trees and/or any other combination of the authorized sewices. 1.6.3.26. I.i(luefied Petroleum Gas Installation Contractor means any person qualifi~d an~l licensed pursuant to C'l~apter 527, Florida Statutes, to in~tall apparalus, piping and tubing, and appliances and equipment necessaw ~or storing and conve~ing liquefied petroleun~ gas into flame for ligt~l, t~eat, and power. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires Ii, thy-six (36) monfl~s experience, a passing grade on a three (3) hour test and a passing grade on ~ two (2) hour business and law test, and means those who are qualified to build and install bulkheads, rew~lments, docks, piers, whawes, groins, boathouses, lifts and davits, and to -17- Wt~rds mltlcd arc u.13J~JJll.~; ~vc~rds deleted arc do pile driving. Electrical service and wiring must be provided by a licensed electrical cont factor. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade on a fl~ree (3) hour lest anti a passing grade on a two {2) hour business and law test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit mason~ products, lay od~er baked clay products, rough cut and dress stone, adificial stone and precasl blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. ~ ~ ~t ' ~ ~ ' -f 4 ' r ~ ~ I H ~ ~ wh r 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs. 1.6.3.31. Paving Contractor (commercial or unlimited) requires thi~y-six months experience, a passing grade on a three (3) hour test and a passing grade on a txvo (2~ hour business and law test, and means ll~ose who are qualified with the experience and skill Io construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thi~y-six (.36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified lo coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating, including lathing and d~wall. This categow does not include lhe plaslering of the interior of a pool. 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License. A CounW Ce~ificate of Competency is not available for this catego~. 1.6.3.34. Reinforced Steel Contractor requires thi~y-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means those who are qualified to fabricate, place, and lie steel reinforcing -18- Words added are unl, l.v. rlincd; words deleted arc bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete huil¢th'~g~ and stmclures in such a manner that, under all agreed sl)ecificaHons, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing grade on a two [2) hour business and law test, and means any person who is qualified ~o clean, paint or coat a roof by means of pressure-operated equipment, hand application or othe~vise. This categow does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) monti~s experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to operate a sanclblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applical~fe Collier County or City ~ Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) montl~s experience, a passing grade on a two (2) hour business and law test, and means fl~ose who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. 1.6.3.39. ~. ~ ~ ' $ ~ I' · ' ' ' I '' ' ' I ~ '1 s ~ ~ 'i · ir, ~v' , r,,i~ .... l, ~' ' ~ ' F~ Vi r' I ' · ' r ' r v r ' 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to erect, insla]l, repair, alter, extend ar change any non-electrical sign, provided all work is pe~ormed in accordance with applicable Collier County and City of -19- Words added are ~1.~; words deleted are s{.n~k-q~mgh. ~ ordinances. This category does not include the construction of free-standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a three (3) bout test and a passing grade on a two (2) bout business and law lest, and means any person wl~o is qualified to install, repair, alter, manufacture, add to, or ct~ange any electrical wires, apparatus, raceways, conduit or any parl thereof on electrical signs and is qualified to erect signs, Such contractor may contract for, and take out building permils for the erection of signs. The electrical service and wiring from lhe electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater installation Contractor requires twenty-four [24) months experience, a passing grade on a three (3) bout test and a passing grade on a two (2) hour business and law lest, and means those who have the knowledge to install, alter, repair, or replace any solar hot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, I~eat exchangers, piping, valves, pumps, sensors anti Iow voltage controls which connect to existing plumbing stub-outs and electrical disconnects. 1.6.3.43. Structural Steep Erection Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) bout business and law test, anti means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith. 1.6.:3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, vvhelher or not such transport is across public roads, including the proper placement ol~ structures at a new location. 1.6.3.4~. Tile anti Marble Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (:3) hour test and a passing grade on a two (2) I~our business anti law test, and means those persons who are qualified to set tile and marble. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a -20- Words added are 'u~; words deleted arc ~. two (2) hour business and law lest and means those persons who are clualified to mix, prepare, and finish terrazzo, prepare the base, and set tile anti marble. 1.6.3.47. Underground UtiliW and Excavation Contractor requires forty-eight months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means contractors whose settees are limited to the construction, installation, repair, on pul)itc or private prope~y, v ele~ ~ ish J ~ of main sanilaw sewer collection systems, main water distribution systems, and slorm sewer colleclion systems, and lJ~e conlinualion of ulilily lines from lhe main syslems 1o a point of termination up lo and includin~ the meter location for Ihe individual occupancy, sewer collection systems al prope~y line on residential or single-occupancy conlmerci,lJ prope~ies, or on muJli-occupancy prope~ies al mani~oJe or "wye" lateral extended Io an inve~ elevation as engineered lo accommodale ftlJure buiJdin~ sewers, waler dislribulJon syslems, or slorm sewer collection systems al storm sewer sJruclures. ~ r~ , il I I r r In J fi i i, - -w , n ~'r , ~ ~ ~ ( ' ~ f w' ' ' ' r' An under~round utility contractor shall not install any pipin~ lhal is an imegral pan of a fire proteclion system, as defined in Section 633.021(7), Florida S~atutes, be~innin~ at lhe point where the pipin~ is used exclusively (or such syslem. 1.6.3.48. Tree Removal and Trimmin~ Contractor requires twelve (12) momhs experience with a passin~ ~rade on a lwo (2) hour business and law test and means who are qualified Io lrim and remove trees and s~umps. 1.6.4. Conlractor LicensinR 5LlpO~isor means lhe individual who oversees conlractor licensin~ and its investigations or presenls complaints re~ardin~ licensed contractors in Collier Counly, Florida. This individual holds office in ti~e Buildin~ Review and Permiltin~ Depa~ment of Jhe (~ommunily Development and Environmenlal Se~ices Division of Collier Counly Govemmenl. 1.6.5. Employee means any person who works for and is under the supewision and comrol of a licensee, provided lhal said employee does nol hold himself out for hire or en~a~e in contracting except as an employee. For the purposes of this Ordinance, indicia -21- Words added arc ~; words deleted are of an employment relationship shall include the employer's regular payment of wages and compen,,ation, [.I.C.A. da(lucfions, ta~ wifl3holding and provision of ~orkers' Compens,~tion to fl3e employee by lhe employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. ~.6.7. "Contracting" means, except as exempted in flqs pa~, en~a3ing in business as a contractor and includes, but is not limited to, pedormance of any of ll~e acts as set leah in subsection (3) whi(:h define types of conlractors. The altempted sale of contracting se~ices and tl~e negotiation or bid for a contract on tl~ese se~ices also constitutes contracting. I( fl~e se~ices offered require licensure or a~ent qualification, th(, offering, negotiation [or a I)id, or attempted sale of these se~ices requires lhe corresponding licensure. However, the term "contracting" shall not extend to an individual, pannership, corporation, trust, or other legal entity that offers lo sell or sells COml)JetetJ resi(len(:es on prope~y on which tile individual or_business entity has any legal or equitable interest, ii the. sewices of a qualified contractor ceaified or registered pursuant to the requirements of this chapter have I)een or will be retained for the purpose of constructing such residences. 1.6.8. "Business organization" means any i)adnership, corporation, business trust. joint venture, or other legal entity which engages or offers to ,'ngag~, ,n the busim,ss of contracting or acts a~ a contractor as defined in this section. 1.6.9. "Financially responsil)le officer" means a person off,er than the primal' qualifying agent who ~vilh the approval of the board assumes personal responsibility for all financial aspects of the business organization. 1.6.10. "Prim,~, qualifying agent" means a per,on who po~ses~e~ the re(lUddite skill, knowledge, and experience, and has the responsibility, to ~upe~'~se, direct, manage, and control the contracting activities of fl~e business org,mi/ahon ~itl~ which he. is connected; who has the responsibility to supe~'ise, direct,, m,mage, and control construction activities on a joh for whicl~ he I]as obtained the I)uilding permit; and wlw)se technical and personal qualifications have been determined by investigation and exa'm;nation as provided in this pa~, as attested by the depamnent. 1.6.11. "Seconda~ qualifying agent" mean~ a person who possesses the requisite skill, knowledge, and experience, and I~as the responsibility to supe~ise, direct, manage, and control construction activities on a job for whict~ t~e has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this pa~, as attesled by the depadment. -22- Words added are ~lndcLlill'q.d; words deleted are 1.7. Stop-Work Orders. If it should become known to the Contractor Licensing Supervisor that a construction project and/or contracting in Collier County or the City ~ is being undenaken by unce~ified or nonexempt persons, the Contractor Licensing Supe~isor, or his/her designee, sl~all place a stop-work order on the relevant potion of said project until such time as a ce~ified contractor assumes supe~ision of the conslruction project. Any unce~ified and nonexempt person resuming construction prior to the removal ~f fl~e stop-work order hy the Contractor Licensing Supe~isor sl~all Im in violation of this Ordinance. 1.8. Experience Requirements. As a t)r(,re(luisil(' to, and as a requirement for, the issuance of a Collier (;ounty/City ~ ~ C(.~ificate of Compelency, an applicant shall submit satisfacto~ evi(lence of exl)erience in the trade (or which he/she desires ce~ification. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supewisor. b. Masters' experience shall be as journeymen. c. Journeymen's experience shall be as apprentices or trainees, having completed an apprenticeship program registered with the Depanment of Labor and Employment Security and. demonstrates 4 years verifiable practical experience in those pa~icular trades, or demonstrates 6 years verifiable practical experience in those particular trades, excepl as may be auli~orized by apprentice programs approved hy the Bureau of Apprenticesl~ip, Division of Labor, Employment and Training of the Department of Labor and Employment Security, which are hereby incorporated by reference as the required apprentice experience. 1.8.1. To determine if the applicant possesses the experience required by this Ordinance, the Contractor Licensing Board Supewisor or his/her designee shall consider the follo~ving ~orms of proof of experience: a. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other ce~ificates of competency, if any, held by the applicant in ortner counties or cities; c. A~fidavits from any building director in locations wt~ere the applicant has worked; d. Affidavits from any union organization of which the applicant i~as been a member relating to the trade for which the applicant has made application; -23- Words added are ~; words deleted are s4eac, g~.htough. 12C 2 e. Affidavits from any other source within the trade applied for. 1.8.2. Educatior~ at an accredited school may h,e presented to satisfy a po~ion of the experience requirements of Ibis Section. Specifically, each full year of school-level work in ti~e Irade ~or wt~ich application is made sl~all be credited to tim applicanl as .75 years experience, but Stlch credit shall I)e for no more titan one-half of ti~(, total experience required by li~is C)rdinance. PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 2.1. Applications - General. 2.1.1. Any person or business organization desiring to obtain a Ce~ificate of Compelency shall make application under oatt~ for such Ce~ificate and shall submit sucl~ information as is required by this Ordinance. 2.1.2. St~ould tt~e al)plicant Im a business organization, the application shall be executed by a legally authorized and empowered represenlative of business organization wt~o shall si~ow his authority to so act on lt~e application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent i)roceediogs, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To supewise ti~e construction under the Ce~ificale of Competency issued lo the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing tl~e same trade, wilhoul prior approval of the Contractors' Licensing Board, and in no event more than two firms al ti~e same lime. 2.1.4. No application shall be considered unless the applicant supplies all ink)rmafion as required by tt~is Ordinance. 2.1.5. Tt~e Board of County Commissioners shall eslablish and adopt, by Resolution, a schedule of fees and ci~arges for applications for Ce~ificates of Competer~cy, renewals, late fees and other charges, if applicable, pe~aining to ti~is Ordinance. It is the intent of these regulations tidal ti~e County shall not be required to bear any part of the cost of application~ made under this Ordinance. Tl~e sci~edule of fees and charges shall be posted in tt~e office of the Building Review and Permitting Depam~ent of the Community Development and Environmental Sewices Division of Collier County Government and the City~ ~a~ BuiJding and Zoning Division (g~, an(I the resolution establishing suci~ fees shall be on file with the Cily~ ~p~ Clerk and tl~e Clerk to ti~e Board. The scheduJe of fees and charges may be changed in accordance with standard -24- Words added ar~. uigl '~J.JJg~; words delct~.'d are r, tl:~tr~,,gi~. 1.2C 2 resolution adoption and amendment procectures of lhe Board of Connty Commissioners and repeal or amendn~ent of tile sct~edule shall not be subiect to tile Ilrocedure otl~erwise necessary for amendment of this Ordinance. Current fees and charges are set forlh in Resolution No. 87-108 an(I shall remain itl effect until said Resolution is amended or superse(le(t. 2.2. Conlractor Applicalion - Individual. Any person clesiring a Certificate of Competency shall sul)mit ti~e following information on forms provided by the Collier County Contractor Licensing Super,.,isor: 2.2.1. Name of applicant, (late of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 2.2.3. F~usiness addrPss and telephone number. A (:onlra(t~)r is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Or(Jinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; 2.2.7. Type of Certificate of Competency for which application is heing made; 2.2.8. A complete list of all outstancling debts related to the aplflicant's (:ontra~ling business which the applicant has not [laid or refuses Io pay and a statement of the reasons for nonpayment; 2.2.9. Names and telept~one numbers of two persons who will always know lhe applicant's wl~ereabouts; 2.2.10. A statement whether the applicant has ever been convicted of a crime related to contracting and any crime of moral tuq)itude; 2.2.11. Applicant's business or ~vork experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attaci~ or submit the following information: a. A credit report conlpiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; b. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in tile trade category for which application for a Collier -25- Words added arc~; words deleted are r~. t2C 2' County/City o.f.-N,.~.~k~ Certificate of Competency I~,-is been made. Said affidavits shall be in substantially th~, form issued by the Collier County Contractor Licensing Supe~is~r or his/her designee; c. Scores on tl~e examination applicable to the Ii(ense applied for, including the area of competency tested, tl~e dale of testing and tl~e place of testing. Said examination shall have been administered by a testing agency recogm/ed and apprnved throughoul tl~o State of Florida as provided for in Section 2.6 of Ibis ()rdmance, 2.3. Conlraclor Applicalions - Business Organizalions. If the applicanl i)rol)oses to engage in contracting as a pam]ership, corporali(m, business trusL ~r off,er legal entity, th(, applicant shall apply tt~rough a qualifying agent and comply with all requirements and responsibilities contained in Sections 489.119 and 489.1195, Florida Slalules. Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supemisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. Abusinessorganizati[m must haw an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to thi~ Ordinance. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. [ytm of Certificate of Competency for which applicalion is made; 2.3.6. Names and addresses of all panners, directors and officers; 2.3.7. Where applicable, a copy of a ce~ificate of incorporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by lhe business organizati~m during the last fivo years; 2.3.9. A credit repo~ from a nationally recognized credit agency if the husiness organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one [I~ year, a credit repo~ on eve~ I]t~siness orgamzation m whicl~ flx~ Applicant/Qt~alifier was an agent is required. If neither nf the above is applicable a personal credit repo~ on the applicanVqualifier is required. 2.3.10. A ('omplete list o( all oulslanding clnbts related Ir] the business organization's contracting business which tt~e business organization has not paid or refuses to pay and a stalen~ent of the reasons for nonpayment; -26- Words added arc '~.]j~: words deleted arc 12C 2 2.3.1 1, Tile signature of an authorized officer of the business organizatior~: 2.3.12. Qualifier information: a. The name of tl~e qualifyin~ a~ent and date of binh; I}. The name of tl~e business organization to be qualified; c. Type of Cedificate of Competency for which application is ma(lc; d, Tl~e home address of the qualifying agent; e. The names and telephone numbers of two persons who will always know Ihe qualifyin~ a~ent's whereat)outs; (. Scorns on any approved examination; includin~ the area of c()mpelency tested, lhe date of testinR an(I the place of testinR; Affidavils as to II3(, qualifier's honesty, inle~rily, ~oo(I business reputation and compolenc(~ in lJ~e trade caleBow for which application for a Collier Counly/Cily ~af)~ Cedificate of Competency has been made; h. A shltenlenl whelh(,r Iho (jtJaJifyin~ agenl has ever I)(,(,n collvi('l(,(I (~¢ a crinle rrlal~,d lo contracfin~ and ,iJ~y crime of moral turpilude; i. .& coral)icrc list o[ all outstanding del)ts related Io lhe q,alifying agent's contracting business which the qualifying agent has not paid or refuses Io pay and a statement of the masons fnr nonpayment; A statement of the qualifying agenl's business and ~vork experiencr during the previous fiw, years; k. A statement of any formal training possessed by the qualifying agent in the trade calego~ for which application is made for a competency card; 1. Proof that the qualifying agent is legally qualified to act for the business organi/alion in all matters connected with its contracting business and thai said qualifying agent has the authorily to supewise construction undertaken by such husiness organization. Proof that a qualifying agent is legally qualified to act for the husiness organization includes, but is nol limited lo, authority to sign checks fl~r the business organization, lraining and supewision of employees, hiring ,md firing of employers or other actions indicating active involvement in the business organization. 2.4. Master or Journeyman Applications. a. Tht, name of fl~e applicant and date of bi,h; h. H~m~e address and telepi~one ntm~ber; c. Business address and telepl~nne number; d. Type ol Certificate of Competency for which application is heing made; -27- W.rds add~.'d nrc ~ID.~Lr.]J~: words dck'tcd ,~re m't~.k-lh~lt. e. The names and lelephone nunll)ers of two persons who ,,viii always know the aj)jlJic.ii'lt's whereaJ)oLitS: Scores on ar~y approved exanlinalion, including tim area of competency h,sie(I, lhe flat(~ of lesting and Ihe place of lesling. Prior to taking the required by lifts ()r(linance, an al)plicant musl provide verification fl~at ho or sim has complied with IJle exp(,ri{,nce rt,(luir(,nlenls. A 5JaJi~nlenJ 0¢ lh¢ appli(',~nl's busin(,s~ or work exj~(,rien('e (lurin~ the il. A shll(~merll of dny fnrm,d training in the trade ('.lle~ori(,~ for wire h al)l)licalion i~ made (or a competency card. 2.5, Slandards for lhe Issuance or Denial of a Cerlificale of Competency. 2.5.1. Conlraclors. ll~e Contra( t()r Licensing SUl)ewisor or his/her designee, shall issue a Ce~ificate ~f Compet(,ncy to the al)plicant if il appo,lrs, on lhe face o[ the al)plicalion, as sul)mille(I by the applicant, thah a. The apt)lic~ltiotl is complete in accordanco wiih Ihe requirenlents this Ordinan('e; h. The applicanl possesses li~o experience require(I by Sections 1.6 an(I 1.8 of this Or(linance; ('. The credil repo~ subnlilted indicates no facts all(J circHmsJallces which show a failure to pay contracting related bills promptly; (I. The applicant or qualifier meets the requiremenls for financial responsibility set fo~i~ in Rules 61G4-15.005 and 61G4-15.006, Flori(la A(Iministrative C~Je, as fl~ey may J)e amende(t from time to time; e. The applicant meels one of tho following crileria: l ) The al)j)licant has taken and passed an examination al)proved and recognized throughoul lhe Stale of Florida, as provided for m Section 2.6 of Ibis Ordinance, for the area of coml)etency for which application I~as J)e~,n ma(h,, or 2) Tt~e applicant meots all licensing ri,quirenlents provided for hv this Ordinance. f. license; and All required affidavits have been submitted; All required fees have been paid; The applicant possesses a current Collier County occupational i. Tt~,? applicant or tile qualifying agent is at least 18 years of age. 2 -2g- Words added arc glll,l.~dJJl~: ~'ords deleted are ~~h. 2..~.2. Referral of Application to Contractors' Licensing Board for Decision. If it d()(,s not aPl)ear nn the face of the application that the al)pli('ant has with the requirements of this Ordinanco so as to be eligible for a Cedifical(, of Competency, then the Contractor Licensing Supe~isor shall ref(,r the al)plication to the Contractors' Licensing Board for a decision regarding approval or (lenial of the application. 2.5.3. Wl~en an apl)lication is referred to the Contracl()rs' ticensing I~oar(I, the Boar(I shall take testimony from the applicant and shall consi(ler ~)tl~t,r reh, vant (,vi(h,nce regarding wheth(,r the application meets the requirements of this ()r(lit~anc(,. ~4)on the evidence presented by the applicant anti the Contractor Licensing 5upe~isor, Contractors' Licensing Board shall (letermine whether the apl)licant is qualified or unqualified for the trade in which application has been made. Findings of fact conclusions o[ law regarding the approval or denial of the application shall be made I)y ~t~e Contractors' I.ic~,nsing Boar(I. The Board may consider the applicant's r(,h,vanl experience in lhe specific trade and based upon such experien('e may waive l~,qing requiremenl~ if convinced fl3at tt~e applicant is qualified by experien('~ wher(,by such competency lesting would be superfluous. 2.5.3.1. If the Contractors' Licensing Board determines Ihat an apl)lit'ant is (lualifi~,d for a pa~icular type of Ce~ificate o~ Competency, a competency card shall be isstmd hy the Contractor Licensing 5upe~isor or his/her designee. 2.5.4. Additional Requirements. In addition to the foregoing requirements, each applicant shall submit the ~ollowing information as a prerequisite to tl~e issuance of a Collier County competency card: 2.5.4.3. The applicant's state registration number or a statement that lhe applicant has made application for a state registration number (anyone not re(~uir(,d to have a state registration number by Chapter 489, Florida Statutes, is ex(,mptod from this Subsection); 2.5,4.2. The applicants' individual or busing,ss organizalion's t lmt(,d Internal Revenue Tax number; 2.5.4.3. Proof of insuranc~ as required by Section 2.8 of this Ordinanc(,; 2.5.4.4. A qatement that lhe applicant has or will comlflY with all WorEers' Compensation laws of the State of Florida prior Io contracting in the City ~ and in Collier Countv; 2.5.4.5. Where applicable, a gtatement that 1he applicant has registered his fictitious name with the Florida Depa~ment of State, Fictitious Name Filing Section, as req~ired by Section 865.09, Florida Statutes; .29. Words added are t~,.~Jined: words deleted are 12F 2.5.4.6. Wt~en a Certificate of Competency is issued in tile name of a husiness organization, the co~ificate shall he in lhe name of tho business organization and lho o( ll~e qualifying agent shall he n~led lhereon. The requiremenls of Ihis Seclion ~hall he deemed Io h(, .i potion of ll~e application and any false stalemenl made hy an applicanl lo information required I)y Ibis Section shall l)e grounds for disciplim, as provided for 2.6. Apprnved Examiners. The approved examin~r~ fnr the pLJrpose of a(Iminislering proctored exams a~ reLiLmed hy ~ G,tinesvilh,, rh.id,~, ~ ~, and any other te~tin~ a~en(:y witl~ comparable tesfin~ shin(lards recognized and approved throuRhout the State ~)f Flnrid,~ and also approved I)y ll~(~ Collier County Contractors' Licensin~ Board. 2.7. [xaminations. A minirmm~ passin~ grade of 75% shall be required on all examinations. [xaminati~)ns shall be spec,fie v) lhe trade (:ate~o~ for wt~icl~ application for a C~,~ifi('a~(, nf has })eon ma(lo. Said (~xaminations shall I)e proctored an(I Rra(le(I by a t(,stinR meeting all Ihe r(,quiren~enls of Section 2.6 of this Ordinance. When a ('enifical(, of Competency becomes void pursuant to Section 1.4.9 herein, all previous examinalion scores shall h(, disre~ar(Je(J except when lhe most recent relevant ('xdminMion wns and passed wilt~in tl)ree (3) years of lhe date of receipt of ~13e new application, pursudnl Chapter 4~9, / Iorida All licensed contraclors shall maintain liability and other categories of insurance, requiredt)yFIorida law, at all times. Such insurance shall bewithan insurance company authorized v) do husiness in the State of FIorida. The minimum limi~s of lial)itRy insurance required shall he nol less than $100,000 ~or bodily inju~ and 525,000 fl)r prop(,ny damage or any bill,er minimums as required hy Florida law. All licens(,(I ('(mtractor~ maintain applicable Workers' Compensation insurance as required I)y Fl()rida law. 2.9. ~ ~ Slatus. 2.9.1. Any person or firm fl~at I~olds a valid Collier County/City ~ Ce~ificate of Competency may [)lace the Ce~ificate o~ Compet(mcy on ~ status during wt~ict~ time said person or firm/entity shall not engage in contractin~ ~~ but may retain the cenificate on an ~ ~ basis provided ~ timely payment i~ ma(lc of an ,mnual renewal fee as set fonh in 5e('lion 2.1.5 Ordinance and applicable resolutions enacted by the Collier County Board of County Commissioners. -30- Words added arc 'g~,~JJJ3.~[; words deleted arc .~n~.'4~l~,~ h. 120 2. 2.9.2. Persons or business organizations desiring to renew certificate may do so by complying with the requiremenls of Section 1.4 of this Ordinance relating to renewals. 2.10. Restricted Certificates o~ Competency. Tt~e Contractors' licensing Ce~ificate of (~ompelencv 1o at~ applicant (or a ce~ificate in a pa~icular trade, which ~ is reslricte(t to certain aspects of that trade where the applicant I~as satisfactorily den~onstrated ~~ that ~ ~~I is qualifie(I un(let tl~is Ordinance in ~t~ c(m,fin aspects of that trade ~ ~ {' ~ ' n )1 ~ ' if~ , ~ Il ~ ' 'rlr I ' ~ ' v v r n tif~ t I h ~ ~ r 2. I 1. En~er~ency Res~ricled Ce~ificates of Competency. In the event of a declaration of a slate of emergency in Collier County by fl3e Collier County Board of Counly Commissioners or in lhe City ~ by the ~ City Council, in whicl~ substantial damage has occurred to buildings and structures cause a shortage of available persons and firm~entities in the contractin8 trades for wtqch fl~ere are Collier County/Ci1y ~ Certificates of Competency, the Contractors' Licensing Board is hereby aufl~orized lo: 2.11.1, Declare an emergency contractin~ ~rade shona~e of designated categories of contractors and/or sub-contractors listed in tills Ordinance. Tills declaration shall be for a period of time no~ Io exceed six (6) months. 2,11.2. Authorize d3e Contractor Licen~in8 Supe~isor to prepare and regulate tt~e selection of contractors and/or sub-contractors from other jurisdictions whose licensing requiremerq~ are ~ubstanliaHy comparable to those licensed in Collier County. ~he contractor5 ~lecle(I nltlst bo licensed in ~urisdictions whose tesfin~ and licensin~ requirements I~ave been predetermined by the Contractors' Licen~in~ Board ~ be substantially ~ ~m~parable to the Collier County requirements. 2,12, ~he County will provide active field supe~ision within li~e City ~ of licensed and unlicensed activity through its investigation and citation auti~ority. 2.12,1. The County shall be responsible for issuin~ licenses in accordance with this Ordinance ~o authorize contractors to work within lt~e Reo~raphic boundaries of County and tl~e City e~, The County shall collect the fees for tl~ose contractors licensed to work within fl~e County and City -31- Words added arc '~1..~; words d~.'k'tcd are .,m,.a.~e-,,4~ou. gh. 12=.. 2 2.13. Contractors ,.vim operate in Collier Counly sl~all maintain ('tmlplete financial and J)LlSJll(?ss records for the immediately preceding 3 years al their licensed place of husiness, lhe business and financial records to J)e maintail~ed si~all includP HliI1LIIPS corporal(, m(,etJngs, business contacts, telephone r0cords, insurance i)olicies, letters of COlllj)JaJllt, notices recoJve(J fronl [overnment elllJJies, bank Si,llelllellls, f'alwoJo(J records ()f ,t('coLIIltS receJv,lJ)Je ~fl(J pdyablo, financial staJenlOlttS, Iodll dotumpnl~, lan rettlrll$, eml)loyeo records al}(I all olher business and financi,d record~ the maintains in the ('ourse of J)USille%. The contractor sllaJl allow the Conlr,l('lJll¢ SUl)e~'isor, or his designee, access to aJJ documents referenced in this section upon demand and (turin~ n()rmal business hours. Copies of ally docLimelll$ rt'qLiOSted Conlr,lclor I icensin~ Supe~'i~or, ()r his designee shall I)e provided by the ([(retractor p,wmenl o[ rea~onaJ)le r(,pro(luc[ion costs, which shall not exceed the Contr,iclor's ,ictudl roprodtKliOfl COSts, J)y IJlP (]onlr.wtor Licensing S[ipewJgor or his (I,~signee. PART THREE: THE CONTRACTORS' LICENSING BOARD. 3.1. Composition. 3.1.1. Tho(Tontractors' Licensing Board :' ' ' ' ~~2LI J' ~' I r I' is conlllosed of nine {9] members who shall he apl)ethical by Iho Board oF County Commissioners. A minimum of two (2) of these menlJ)ers shall resido within N~ corporate city limits ~ or shall be recommended lo ll~e I~r~ard of ('ounly Commissionprs by lhe ~1)~ City Council. Ti~e Board oF County Commissioners may also appoint alternate mombers as it deems appropriate. ~t~~~ F I n ~ ' I The ~N~ murnl)ers of ll]e ~ ~~~ a licensed archiloct, a liconsed goner.d t;o*~lrat-t()r, a licensed engineer, a liconsed eloctricaJ contractor, a licensed plumbing contractor, a lit(,nsed mechanical ('(mlractor, a liconsed roofing contractor, a licensed ~esi(lenlial. or ~'~ building contractor ~~~~~~ N ' - , ~ ' ~~ $lhis ~ ~m is mt'rely (lirectow and failure lo have , J , ~l . . . these trades shall not I)e grounds for voiding ~~ any action of the Board. ~~~ -32- W,~rd.~ added arc ~J.~.IJ~; words deleted arc st~,l~,mgh. 120 2 3.1.2. ~l ' ' - w ' ~~ ~ [' ~1 Ail initial ~ appointments of a member ~ shall bo for a term of three (3) years, ~ '. . ' ~r~~(~~ - .... . . '. -. ~~ 3.]. Inlernal Operating Procedures. 3.2.1. Tim Contractors' licensing Board shall olecl a chairl)orson ,ln(I vi(:(~ chairperson from ils membership. 3.~.~. Meetings. 3.2.2.1. The Conlraclors' Licensing Board si~all hold al leasl four meelings per y~dr. 3.2.~.2. Upon lhe request of the Conlractor Licensing Supe~isor, or his designee, or al such olher l:n:es as may be necessa~, Ihe chairperson of th(, {onlraclors' Licensing Board (and, in his absence, the vice cl~airperson or, in ~he vice chairperson's absence, d:e tempora~ chairperson elected I)y majority vote of the members of ~he Conlractors' Licensing Board) may call hearings of the Contraclors' Licensin~ Board. Hearings may also be called by wrillen notice signed by at least ll~ree (3) members of the ~ontractors' Licensing Board. At any hearing, the {on/ractors' Licensing Board may set a future hearing date. Minutes shall he kept o~ all meetings and i~earings and all meetings and proceedings shall be open to the public. -33- Words added arc ~: words deleted are. '~a~k-4g,~gh. 12C 2 3.2.2.3. Five members shall constitute a quorum for any t'neeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. Tile Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties. 3.:2.2.5. Tile County Attorney, or his desi§nee, shall either be counsel for file Contractors' Licensing Board or shall represent the County by presenting cases before tile Contractors' Licensing Board, but in rio case shall tile County Attorney or Ills designee serve in both capacities for tile same case or at the same time. 3.3. Duties and Powers of lhe Contradors' licensing Board. 3.3.1. Upon reference hy the Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualificatir~ns of applicants for the various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City ~ Certificate of Competency, or a State certified contractor doing business in Collier County, sh(,uld be disciplined pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of tile Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out tile duties of the Board itl accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if reduced to ~vriting, shall be filed ~vith the Clerk Io tile Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the p~wer to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for tile conduct of its hearings; d. Discipline contractors or journeymen holding Collier County/City otL~k~pk~ certificates o[' Competency or State certified contractors doing business in Collier County or tile City o~4~9~$ pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions eL la,v, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. -34- Words added are ~; words deleted are stmc-g-~hmagh. 12C 2 said Board or other\vise by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Misconduct - Collier Counly/Cily ~ Certificate of Competency The following actions by a holder of a Collier County/City ~ ('enifica~e of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of tt~is Ordinance: 4.1.1. Knowingly combining or conspiring wifl~ an unlicensed contractor by allowing one's Cenificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed conlractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of tl~is Ordinance. When a ce~ificate holder allows his certificate to he used by one or more companies ~vithout having any active pa~icipation in lho operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to ew~de the provisions of this Ordinance. Active pa~icipation requires iob site supe~ision, knowledge of and panicipation in the business operations of the company,% including all contractual matters. 4.1.1.1. ff any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only ce~ified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall h,we no mom than sixty (60) days from the (late of termination of the individual's affiliation with the business organization in wlqch to affiliate with anotl~er person ce~ified under Ihe provisions of this a~icle. In any event, the business organization shall not enter into any new contracts and may not engage in any n~,w contracting until such time as a qualifying agent is employed. 4.1.2. Contracting Io do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which heJshe is engaged or under contract as a contractor. A project may be presumed abandoned if tl~e contractor -35- Words added arc ~: words deleted are terminates the project wilhout just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for nimbly ~90) consecutive days wilhout jusl cause and no said notice lo lhe owner. 4.1.4. Dive~in~ funds or prope~y received for the execution of a specific conlract proiect or operation or divenin~ funds earmarked for a specified purpose to any other use wi~atsoever. 4.1.5. I)epanin~ from or disregmdin~ in any malerial resl)eCl lhe I~l,ln~ or specifications of a construction job without the consent of the owner or i~is duly aufl~orized representative. 4.1.6. 13isregards or violales, in the performance ~f his conlraclin~ I)u~ines~ in Collier County, any of ll~e building, safety, heallh, insurance or Workers' Compensation laws of lhe .State of Florida or ordinances of this County. 4.1.7. FalsifyinR or misrepresenlin~ any material fact in his .ipplic,m~x~ supposing papers (or ~l~e purpose of obtainin~ a Ce~ificale of Competency under Ibis Ordinance. 4.1.8. Committin~ mismanagement or misconduct in Ihe practice of con/ractin~ lJ~al causes financial harm to a customer. Financial mismanagement ~)r includes, but is not limiled lo, any of the following: 4.1.8.1. The conlractor fails 1o fulfill t~is/her contractual obligations Io a customer because of inability, refusal or neglect to pay alt cmdilors ~or material furnished or wnrk sewices performed in tl~e operation of the business for which he/she is licensed, under any of the following circumstances: a. Valid liens have been recorded againsl the i)rope~y cd a con/ractor'~ cuslomer for supplies or sewices ordered by lhe contractor for the cuslomer's joh: conlractor has received (unds from tl~e cuslomer to pay for lhe supplies or sewices; and contractor has nol had the liens removed from the prope~y, hy paymen~ or hy bond, wifl~in 30 days after fl~e dale of such liens; b. The contractor has abandoned a customer's job and the percenla~e completion is less lhm~ lhe percenlaBe of lhe total contract price paid lo lhe contractor of ll~e time of abandonment, unless the contractor is entilled Io retain such funds under the terms of the conlracl or refunds lhe excess funds within 30 (lays afler the date tt~e i~l) is abandoned; c. fhe contractor's job has been completed, and it is shown fl~at customer has I~ad to pay more R)r lt~e contracted job than the oriBinal conlract price, as adjusted for subsequent chan~e orders, unless such increase in cost was lhe result of -36- W~mls ;~ddcd are 'ILn.gL~f. tiR~J; ,.,.'orals deleted are 4.1.14. any scheduled 4.1.15. Collier County contracting. 4.1.16. behalf. circumstances beyond Ihe control of the contractor, was the res(ill of circumstances caused hy ti',(' (:uslomer, or was olhe~ise I)ermitte(I by the terms of lhe conth~('t betweet~ the contractor an(I the customer. 4,1,9, Performing any act which assists a person or entity in engaging in tl~e prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known thal the person or entity was unlicensed. 4.1.10. Failing to l)romptly correct faulty workmanship or promptly replace fauhy materials install(,(I ('on(raw to the provisions of tim construe'(ion contracL Faulty workmanshil) means work that is not commenced, not continued, or not completed accordance with all specifications of the applicable written agreement, raulh, workmanshi1) inclu(Ios any material flaw(s) in the_quality an(I/or quantity of tim unimi~hed or finishe(I woJk pro(luct, including any item ll~at (Joes nol function properly as a p,l~ of the entire project. If there is no written agreement provision regarding the specific faulty workmanship JssLle, faulty workmanship exists if the work, process, product or pa~ fl~ereof does nol meet generally acceple(t slandards in Collier Cotlllty i~1 relation Io tlm project. Faulty workmanship does not include matters of esthetics unless I1~(, esthetitally related item clearly violates a written contract specification directly relaled thereto. 4.1.11. Failure to maintain at all times, wifl~ an insurance co111[),lny authori,'ed do business in the State of Florida, the limits of liability an(I other calegories of in~uran('e as required I)y lhis Or(tinance. 4.1.12. Failing to claim or refusing to accept ce~ifie(I mail (lirected to the contractor I)y the Conlraclors' Licensing Board, or ils designee. 4.1.13. Failing to maintain a current mailing address. Failing to al)pear in person or lhrough a duly aulhori/ed representative hearing on a complaint filed against the contractor. Being convicted or found guihy, regardless of adjudication, of a ('rim(, in whi('h directly r(,l~lles lo the practice of contracting or Ihe ability to pr,K'ti(;e Allowing another to take a qualifyir~g examination on Iii,, at)plicant's 4.1.17. Engaging in contracting business in Collier County or the City when prohibited frorn ch)lng so by the Contractors' Licensing Board of Collier (:ount';. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City e,c-N~t+K~ building and ,'oning division or the county building review and permitting department. -37- Words added are ~; words deleted are 2 4.1.19. r,liling in any malerial respecl 1o comply with Ihe provisions of lhis Orclinance as a conlraclor or as a qualifying agent for a J)usiness entity engaging in contracting. 4.1.20. Signing a sh]tement with respect to a project or contract ~alsely indicating that the work is tx)nde(I; fals(,ly in(licating that payment has been ma(lc for suhcontracte(I work, labor, or materials wlqch results in a financial loss to the owner, purchaser, or contractor; ()r falsely indicating that Workers' Compensation and public liaJ)ilily insurance are l)rovi(led. 4.1.21. Failureofa qualifyingagenlfora fim~/legal husiness entity tn comply with the requiremenls sol fodh in Sections 489.119 and 489.1195, Florirla S/amies. 4.1.22. Falsifying or misrepresenting any material fact to another person wilh the intent or for Ihe purpose of engaging in the contracling business, providing materials or se~,ices, or soliciting business for an employer, as a contractor, or a~ an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide proof of public liability and prop~,ny dam,~ge insurance coverage and workers compensation Jllsura~ce coverage. 4.1.24. Misconduct in the practice of contracting (See seclion 4.2, below). 4.2. Misconducl - Slale Cerlified Conlraclors The following actions by State Cedified Contractors shall constitute n~isconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage ~~ 4.2.2. Willfully violating the applicable building codes or laws of lhe state, City ~ ~ or Collier County. 4.2.3. If Ihe ~ ~(1 finds through ~ ~ public hearing process Ih,il tim contraclor was found ~1~ ~ anoti~er county or municipalily witlqn the past Iweive (12) months, [~ ef fraud or a willful building code violation and ~ finds that such fraud or ~ violation ~ ~ fraud or a ~ violation if committed in Collier County or ~ the ~ City ~. 4.2.4. Fraud. 4.3. Disciplinary Proceedi,gs, including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violalions of st~bseclion 489.127(1), I.S.; Violadons of subsection 489.132(1), t.54 and (iii) other violin ions wittm~ the jurisdiclion of the Contractor's Licensing Board. -38- W~rds added arc IJll~; words delelcd arc ..an~i-4hr~,g.h. 120 2 a. Subsection 489.127(1), £.5., is incorporated herein. (tack of r(,quired license, certificate, or registration). The following are designated lo enforce stol)section 487.127(1), F.S.: Collier County [~uilding Official, ail License Compliance Offic(,rs, the Chief Building Inspector, Cl~ief Electrical Inspector, Chief. lqumi)in~M(,cl~anical Mect~anical, and/or otl~er inspectors at~thorized from time-to-tim~, hy th~, Ruilding (3ffich~l. Procedures specified in tt~is Ordinance shall apply except lo tt~e extent, if any, Ii,at S~,ction 489.127 or Section 489.132, may require different procedure(s/. The penalties for eacl~ uncontested violation of subsection 489.127(1) and/or 489.132(1), l .S., are three hundred ($300) dollars for the first uncontested violation and five I~tmdred dollars ($500.00) for each sui~s{,clt~ent uncontested violation J)y the same individual or ~,t~lity. I'~nahi(~s for contesl(~d violalions of sul)seclion 489.127(1), F.S., are as now ~r I~erJ~afl~r specifi~,d in Section 489.127, I.S. Penalties for conies/ed violations of st~hseclion 489.132(1), f..S., ,ire as now or heri~afler sl)ecified in Section 489.132, F.5. The Citation form allached hero,lo as Ext~ibil "A" is approved, which form may be amended from lime-lo-lime I~y Resolulion of the Board of Cot~nly Commissioners. I). Minor Violalions: The Conlraclor Licensin~ Supewisor or desi~ne(, shall issue a "Nolice of Noncompliance" as the County's firsl response Io a minor violalion of any provision.of any re~ulalo~ law, inch~din~ this Ordinance, whi~n fi) il is reasonat)l~ for Staff Io assL~me lhal the violator, al lhe time of violation, was nol aware of lhe provision thai was violated or it can be assumed that il was not clear to lhe violator how ~o comply with lhe violaled provision; and (ii) lhat violation has nol then resulted in economic harm or physical harm Jo any person; and (iii) the violation has neilher adversely affecled the pul)Itc heallh, safety, or welfare, nor crealed any significant threal of any such adverse affect. The Notice of Noncompliance sl~ould identify lhe specific provision lhal was violaled, should provide information on how lo comply with thai provision and shoLHd specify a reasonable lime for full compliance. The Nolice of Noncompliance st~all not be accompanied with any immediate lhreat of any monetaw fine ~)r any olher disciplinaw penalty, but may sj)ecify lhal failure of lhe violalor lo correct lhe violation wilhin lhe lime specified in *J~e Notice (or Compliance may r~sull in disciplina~ proceedings. Each violation tt~at is nol a "minor" violation is a 'major~ violation. c. Major Violalions. The Conlraclor Licensin~ Supl~visor, or his designee, may iht/tale disciplina~ proceedings a~ainsl a licensed contraclor for major violations of this Ordinance by filing a sworn complaint with the Clerk In the Collier County Board of County Commissioners. Words added arc ~; words deleted arc lac 2 3 ~g_tb_e.LLe_¢~ '1 ,t ' ' - ' ' ~ , 'i 'r 'v' 6 ' ''1 ~ ' ~, ' , "l, Il) .T~li~, ), ~ I~'n ~ v,,i I I i ~ ~f ~r' lyre rlin n o 19 4.3.'2. Any porsor~ who J)(,Jievo$ Ih,il ,1 colllr,lclor 20 (]omj)~,ton( y 11,1~ vioJdled lhi~ Ordin,lllCO may stlJ)nlJ/a sworn ('ompJ,iinl 21 I. icensin~ 5upe~isor, or his/her designee. The complaint shall be in subshmtially lb(, form 22 prescriJ)e(I J)y lhe (~onlraclor I_icensin~ Supervisor. The complainant shall pay a fee 23 S50.00, lo d~,(ray Illi, costs of adrninisterin~ tho complaint, 24 complaint, fh(, complaining pa~y shalJ stale with pa~icuhlrily which se(-lion~s) of this 25 Or(fin,m( ~, h~, ~r ~1~<, J)eJi{,ve~ has been viohm,d by the col]lr<]clor 27 4.3.3. [!l)~)1/ th(' submission of a ~worn COml)lainl, Ii~e 2g Sul)e~,ist~r, or hi~/her design~,~,, shall conduct a prelimina~ investigation and (Jt~termint, 2g wimther the comlflaint suJ)mitted warrants the filing ,~f formal tharg(,5. If charges ,ire 3O warranted, the (]retractor Licensing Supewisor, or tqs/her designee, shall file the complaint 31 witl~ the Ch,rk Io tl~e Collier County Board of County Commissioner~ and shall sen(t, hy 32 ceflified mail, r('turn receipt requested, a letter lo the licensed conlr, wtor at his hx'al 33 address, or ~f applicable tl~e local agent's address, as st~own hy the records of 34 C(mtractors' J. iconsing Board, enclosing a copy ~)f Iho complaint and indicating: 35 ,i. ~}~(, name of ti~e compJ,unant; 36 b. The date(s) of th~ commission of lhe alleged offense(si: 37 Words added are underlined: words dclclcd arc e. 1he section(s) of this Ordinance alleged to have been violated; Tile range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing F~oard in the evenl said Board finds a violation of ltlis Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before Ihe Contrilctor's Licensin~ Board for a hearin§ regardin§ tile complaint. The date sctleduled shall not he sooner than twenty (20) days from lhe mailing date of the cerlified letter. 4.3.3.1. 1'he notice of hearing required by this Section may, in tile alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensin§ Supervisor, or his/tier designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 4.3.3.~. As an alternative to providing notice as set forth above, at tile option of the Contractor Licensing Supervisor, notice may be furnished to tile contraclor by publication as follows: a. S,Jch notice shall be publisl~ed once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. Tile newspaper shall meet sucl~ requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Ilorida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in tills Section, togetller with proof of putllication as provided in Subsection 4.3.3.2, shall he sufficient to show tilat the notice of hearing requirements of this Section have been met, wilhout regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of Hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to tile public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the expense o( the party recluestirlg tile transcript. Any party may have a court reporIer present at the hearing at his\her own expense. Neither Collier County nor the Contractors' -4 I- Words added are ~; words deleted are. '~4~l~nt~mgh. Licensing Board shall be responsilfle for any conduct of the bearing. failure of recording equipment during 4.3.4.3. Each case before the Contractors' Licensing Board sl~all be presented by tile County Attorney, an Assistant County Attorney, or hy a member of the County staff. Regarding matters under ll~e jurisdiction of the Contractor's Licensing Board, tl~e Building Official is authorized to issue subpoenas to tt~e greatest exlent then allowed by law, including Section 162.08, I .~. 4.3.4.4. Assuming proper notice of the hearing has been provided to lhe contractor, w ' ,' Ii ~ ' as provided for in Section 4.3.3 of ll~is Ordinance, a bearing may proceed in the absence of the contractor. 4.3.4.5. ~ he Contractors' Licensing Board shall proceed to hear the cases on ti~e agenda for tl~at clay. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony (rom the Contraclor Licensing Supe~isor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by fl~e respective pa~ies. 4.3.4.6. Formal rules o[ evidence shall not apply, but fundamental fairness and due process shall be obseA, ed and shall govern the proceedings. Irrelevant, immaterial or cumulative evi(ience shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not sucl~ evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in coup. The rules of privilege shall be effective to ll~e same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. Any member of ti~e Contractors' Licensing Board may question any wih~ess before the Board. Each pa~y to the proceedings shall have Ihe right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach al~y witness regardless of which I)arty called the witness Io testify and to rebut any evidence presented against the party. 4.3.4.8. ]l~e ('l~airperson or, in his/her absence, the vice chairperson, shall have all powers necessa~, to conduct flx~ proceedings at the bearing in a full, fair and impartial manner and lo I)rese~e order and docortlm. -42- Words added are ~la.~L~O.ia~; words deleted are s~. 120 2 4.3.4.9. Al thn coheir,sion of tile hearing, tile Contractors' Licensing Board shall issue findings of fact based on ~virlence of record and conclusions of law; impose disciptina~' sanctions, if warranted; and shall issue whatever order is necessa~ and proper to dispose of thn complaint in accordance with this Ordinance and Florida law. Said findings <~ fact, (on('Jusions of law, disciplina~' sanctions, if any, and any relaled order shall constitute the decision of the Contractors' Licensing Board on the case I~eard before the Board. 4.3.4.10. the decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the panies within 30 (lays after the hearing. The findings of fact and conclusions of law, disciplina~sanctions, ifany, and any relatnd orrler shall be made hy motion approved by a majority of the remembers of the Contractors' Licensing Board who are present and voting. The decision oF the Board shall be effeclive upon being stated orally at the hearing, unless the Board orders otherwise. The dncision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said (Incision is reduced lo writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because o( questions of law or other matters oF such nature that a clecision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, fu~her discussion of the pending mailer and all deliberations relating thereto by members o~ the Contractors' Licensing Board ~hall take place only at a public meeting of the Board. The Board shall thereafter issue ils decision pursuant to Sul)sections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinaw Sanctions. 4.3.5.1. Holders of Collier County/City ~ Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within ti~e meaning of Section 4.1 of this Ordinance, said Board may, but shall not I)e reqtlired to, impose any <,f the following enumerated sanction~, alone ~)r in combination: a. Rew~cation of a Collier County/City ~ Ce~ificale oF CompeleF~c¥; b. of Competency; C. Suspension of a Collier County/City ~ Certificate Denial of the issuance or renewal of a Collier County/City Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, .43- Words added are ~; words deleted are i. permits or requiring j. violation. 4.3..~.2. during wlqch the conlractor's contracting aclivilies shall be under the supe~ision of tl~e Contractors' Licensing Board', and/or pa,icipation in a duly accredited program of continuing education directly related ~o the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors' I. icensing Board may be revoked for cause by said Board at a I~earing noticed to consider said purpose. Tl~e contents of said notice shall be substantially as provicted for in Section 4.3.3 o[ tl~is Ordinance. Se~ice of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these mefl~ods of se~ice have been utilized st~all be sufficient to show that the notice of hearing requirements of tl~is Section have Ix, eh met, witl~out regard to wh~,ther or not the alleged violator actually received n{]fice; Restitution; A fine not to exceed $5,000; A public reprimand; Re-examination requirement; Denial o( the issuance of Collier County or City {ff ~ building the issuance of permits with specific conditions; Reasonable investigative and legal costs for the prosecution of the Holders of State of Florida Certificates of Competency. If, after hearing, tile Contractors' Licensing Board I'inds that fllere has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County/City ~ building permits or require tile issuance of permits with specific conditions. I). Notification of and information concerning such permit denial shall be submitted to tile Florida Department of Business and Professional Regulation wiflqn 15 days alter the Contractors' Licensing Board decides to deny the permit. 4.3.5.3. When imposing any disciplinaq,, sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated th~s Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at tile hearing as well as: TIw~ gravity of the violation; The impact of ltl(. violation on tile public heahh, welfare or safely; Any actions taken by the violator to correct the violation; Any previous violations committed by the violator; Any other evidence presented at the hearing by the par~ies relevant as -44- W~rds added arc ~; w~rtls deleted arc r~r~k-~.~gh. 120 2 Io the sanction which is approl'~riate for lhe case given the nature of lhe violation and violator. 4.3.5.4. Any disciplinaw sanctions imposed by the Conlraclors' licensing Board shall he effective ul)on I)eing state(I orally at the hearing unless the Board or(lers otherwise, all in accor(lance witl~ Section 4.3.4.10 of this Ordinance. 4.3.5.5. In ad(lition to any action the Contractors' Licensing I~oar(I may take against the individu,fl's or husiness organization's It)cai license, an(t any tim, the Contractors' Li(:ensing Boar(I may in,pose, the Contract()rs' Licensing Board shall issue a r(,comn~(,nd(,d penahy for tho State Construction Indust~, Licensing Board or i~ the action involves an electrical contractor or an alarm contractor, the State Electrical Conlra('tors' I.icensing Board action. Ttqs recommonded penalty may include a recommon(lalion for nn fu~her action, or a recommendation for suspension, revocation, or restriction of 1J3~, registration, or a fine to be levied I)y the Construction Indust~' Licensing Board or Electrical Contractors' Licensing Board, or a ('oml)ination thereof. Tl~e Contractors' Licensing goar(I body shall inform the disciplined contractor and the complainant of the lo(al license penalty impose(t, the penahy recommen(ted, his righls to appeal, and the consequences shoul(I he decide not to appeal. The Contractors' Licensing Board shall, upon having reache(I adjudication imm(,(liately infom3 the Construction Indust~ Licensing Boar(I or El(,ctrical Contractors' t icensing Board of its action and the recommended boar(I I)enahy. 4.3.5.6 Fines and all oti~er moneta~ penalties may be colle(:ted and dispos~,d as authorized by an(t subject to Chapter 489, F.S. Should any monetaw penalty impose(I I)y the Board not be paid within the time specified by the Board's Order, tl~e Bt~ar(I may request from the Board of County Commissioners authority to that appropriah, legal action to collect the penahy. PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.1. Rehearing. ~~ ~t found to be in violation o[ this Ordinance, ~~ ~ may request a rehearing of any decision of the ' / ~ ' , ~ ~. A request for rehearing shall be ~ m writing and st~all be filed with . ' ' ~ , ~ and ~, ~ ~ ~ ~ otl~er pa~ies within twenty {20) days from the date mailing ~ ~ ~ of the Board's written decision under _ ,' ...... this Ordinance. A request for rehearing sl~all be -45- Words added are ~; wnrd~ deleted are sin~g-4h~t~gh. based only on th~, ground that f.~~ · ~ d.U.C_I,!.L~ ~l~e decision was contras' to the evidence, or Ihal ll~e hearing involw,d an error on a ruling of law ~ which wa~ fundamental to the decision of ~~. The wriMen requesl for rehearing shall specify d~e precise '~ n wif q ~, i · ~ ~ ~, ~~. ~hedeci~ion of the ~ ~I~~~ which is the sul)jecl of the rehearing request shall remain in effect throughout the rehearing procedure unless · ' ,' ~ ' g ~ r ~, ' ~ ' .' ." / , orders otherwise. , ~ ' ~ ~ ' ' ~ ~ ~' I '1~ S.1.2. I~ the ~onlracIors' Licensing Board delermines ii will gram a reheanng, a. ~ ~ a hearing where tho paMies will ho gWen 1he oppodunity of presenting evidence ~or argument ~ limih,d by the Board to the specific ~ ~ Gr which the rehearing was granted. b. ~, MBodify, or reverse its prior decision, ~ without receiving fudher evidence, providing that the change~ is~ based on a finding that the prior decision of the ~~ Board resuhed ~~ a ruling on a question of law ~ which the Board has heen reformed hy its couns~,l was ~~ an erroneous ruling and ~ t ~ r ~ I 5.2.1. '~ F~ 'i r ' ' ~- ':~ ~' ~ found to be in violation of this Ordinance ma~ appeal a de(ision of the Contractors' Licensing Board to the Collier County Circuit Coud ~ ~ . ~ ~ ~ ~ · r , ' ~. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the ~ .' ~ ~ e ~ ' . Any appeal si~all be filed with Ihe Circuit CouM and ~ ~e~,od on tho pa~ies within thifly (30l days ~ of the effective [~ ~ of the Board 4~~r~. If there has been a re-hearing requesl, the appeal shall be filed -46- Words added are t, llll. l~JJag.O; words deleted arc 1. C wilh the Cirruil C(mrt anti be serve(I on the parlies within Ihirly (.30) (tays of Ihe ~ 5.2.2. In tl~e evenl I~ lbo ~ ~ found lo tm in violation of lhis Ordinance should Mr,el to appeal, a verbatim record and transcript ~ ~ the ~ p~E~ shall be ~ ' ' ' ~ It st~all he ti~t, sole responsibilily of the ~ $ ~(,, i , s ~ w to ensure fl~at a record is made from which a transcript may I)e prepare(I wlqch includes the l(,stimony upon whi('h an appe.fl may be taken. Neifl~(,r CoiNer County nr)r lt~e ~ ~~~~ shall have any responsibility to provide a verbatim record Iranscript of the proceedings. .... ~ I ~ I ~ ~ It I SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Orclinance conflicts with any ordinance of an at)plical)le Municipal Corporation or of Collier County, or with any supersedin~ s/attilaW t)rovi~lOR, lho more restrictive shall apply. If any phrase or podion of this Ordinance is held mvali(I or unconstitutional I)y any coud Of competent jurisdiction, such podion shall be (leemed a separate, (listincl, and indepen(lent provision and such holding shall not affect the validity of the remaining podion. SECTION THREE: INCIUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws anti Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or relettered to accomplish same, including lhe word "ordinance" may be changed to %ection', "subsection", 'article*, or other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. -47- Words added arc ~; wards deleted are r,,,~c,k-~w4~g~. 120 2 PASSFD AND DULY ADOPTED by the Board of County Commissioners of Collier County, FIorida, this ~ day of ~ , 1999. ATTES'I': DWIGH'I- E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS .. OF COLLIE~RIDA ' / Deputy Clerl( ' / / PA~A 5~A~, ~ha~voman Approved as to form and legal sufficiency: lhomas C. Palmer Assistant County Attorney -4g- Words added arc UJi~; words deleted are STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-45 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board'of County Commissioners.. By: Ellie Hoffman, Deputy Clerk RESOLUTION NO. 99-__~53-^ 16A2 !t I,t F. SOI.t !TION AUTIIORIZING FINAL ACCI!PTAN('I! OF TI I()SF. ROADWAY. I)RAINAGE. WAIER AND SEWER IMPRO\ff!MENTS IN ISLE VERDE AT PELICAN BAh'. REI.EASE OF 'FILE MAINTENANCE SECURITY. AND AC('F. PTING TI IE MAINTENANCE RESPONSIBILITY FOR TIlE ROADWAY. DRAINAGE . WATER AND SEWEI~, IMI'ROVF. MENTS TIIAT ARE NOT I,',EQtIIREI) TO BE MAINTAINED BY TIlE IIOMEOWNERS ASSOCIATION. WI II!RF. AS. the Board ol'County Commissioners of Collier ('OUllty, I"lorida, on ,.\ugusl 1 I. 1992 approved thc plal of Isle Verde :it Pelican Bay for recording; and WItEREAS, thc developer has constructed and mainlaincd thc roadway, drainage, water and sewer improvcn~cnls in accordance with thc approved plans and specifications and as required by tt~c l.and I)cvclopmcnl ('ode (('oilier Cotlnly Ordinance No. q l-ltl2, as ilmclldcd 1; and die tlr:lilies Slandards and Procedures Ordinance (Collier County ()rdinancc No. g7-17), and WItERF. AS. the developer has now requested final acceptance o£thc roadway, drainage. walcr and sewer improvements and release o£his m:fintenance sccurily; and WIIEREAS. linc ('omplim~cc Sen'ices Section orlh¢ Dcvclopmcm Services l)cparm~cm has inspcclcd lilt roadway, dr:finagc, v,'alcr and sewer improvemcnts and is reconlmcnding acccptancc of sitid facilities. NOW. TI IIiREFORE. BE IT RESOLVED BY TIlE BOARI) OF ('0! ;N'I'Y COMMISSIONERS OF COLI.IER COUNTY, FLORIDA. that final acceptance hc grained lhosc roathvay, drainage, water and sewcr improvcmcnls in Isle Verde al l'clican Bi,y. and attlhorizc thc ('lcrk 1o release lhc maintenance security. BF. IT FURTItER RESOLVED AND ORDERED Ihat the County acccpl thc future mailllCn:lnc¢ and olher allc~lda~ll cosls for thc roadway, drainage, water and sewer inlprovcmcnls :hal arc not required to bc maintained by thc ]lOmCowncrs associalion. This Resolution adopled after motion, sccontt and majorily vole favoring stone. DATE: ~-~'-~,~// ATTEST: DWIG}IT E. BROCK. CLERK Approved as Io lbnn and legal I leidi F. Ashlon Assistant (''oilier County Allorncv BO,\RD OF COUNI'Y COMMISSI()NILRS COLI.IER~IDA By: ' , RESOLUTION NO. 99- ~54 RESOI.t ;TION AUTI IORIZING FINAL ACCEPI'AN( :E OF TI lOSE, ROADWAY. DRAINAGE. WATER AND SEWER IMPRO\q!MENTS IN POINI'E VERDE AT PELICAN BAY. REI,EASE OF THE MAINTENANCE SECURITY. AND AC('EPI'ING TI 1E MAINTENANCE RESPONSIBII,ITY F()R 'file R()AI)WAY. I)RAINAGE. WATER AND SE\VER IMPROVEMENTS TIIAT ARE NOT REQtlIREI) TO BE MAINTAINED 1½Y 'ri IE ttOMEOWNERS ASSOCIATION. \VI IEREAS. the Bo:mi of (.'Otlllty Conmussioners of (_'oilier ('mmty. Florida. on August I 1. 1992 approved the plat of Poinl¢ Verde at P¢lican Bay for recording: and WI IEREAS. Iht developer has conslmcled and mainlained Ibc roadway, dram:~ge, walcr and sewer improvements itl accordance wilt~ tile approved plans and spccificulions and as required hy Iht l.and Development Code (Collier County Ordinance No. 91-102. as amended}: and ibc Ulilitics Slandards and Procedures Ordinance (('oilier Cotlllly Ordimmcc No. 07-17~. and WI IF.l/EAS. Iht developer has now requested final acccplallcc of Ihe mmh~ ay. drainage. water and scv~cr improvcn~cnts and release of his maintenance security: axld \VI IEREAS. thc Compliance Services Section of the l)cvelopmcnl Sen'ices l)cparm~cnt has inspected Ihe roadway, drainage, waler and sewer improvements and is recommending acceptance of said facilities. NOW, TIIEREFORE, BI:. IT RESOLVED !15" TIlE BOARD OF COl ;NIY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, thal final acceptance bc grained lbr those roathvay, drainage, waler and sewer improvements in Poinlc Verde al Pelican Bay. a~ld aulhorize thc Clerk Io release fl~c mainlclla~ce security. BI! I'I' FURTIfER RESOLVt'.'I) AND ORDERED that thc Coumy acccp! Iht fulurc maintenance and olhcr altendanl cosls for lhe roadway, drainage, water and scx~ cr mqm,x cmcnts that are nol required to bc maintained by thc homeowners association. This Resolution adopted after motion, second and majority ,,'otc lhvoring same. Al'TEST: D\VIGIIT E. BROCK. ('I.ERK ~ttett a~ to Chatrm~m.'$ ~lgnatur~ onl y. Approved as Io l~'lrnl alld legal sufficiency: Iteidi F. Ashlon Assislant ('ollicr ('ounly :\UOFnCV DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 SOLUTKo~'4 NO. 99-_~55- RESOLUTION AUTHORIZING Tile ADMINISTRATOR, OR THE OF COMMUNITY DEVELO~MEHT ENVIRONMENTAL SERVICES AS TIlE OUNTY DESIGNEE TO SIGN ALL rION NECESSARY FOR Tile DMINISTRATION OF ALL CURRENT CDBG ;RANT APPLICATIONS AND AWARDS WHEREAS Florida Department of Cormmunity Affai!s awards grants through the Small Cities Community Development Block <;rant Program of up to $750,000 to qualifying cities and counti~n for projects that benefit low-and moderate-income person~, ai~ i:: the preventicn or elimination of sl%~ms or blight, or mee[~ othe~ development needs having a particular urgency because conditions pose a serious and il~ediate threat to the health or welfare of the community and where other financial r~e;ourc'e: are available to meet such needs; and WHEREAS, a city or county may apply each cycle? I ~: , Development Block Grant for Economic Development, N,3iqhb,,:k ,~,~ Revitalization, Housing, or Corr~lunity Revitalization bas,~l ?:] documented need for these funds, or the number of john cr~.~' e<l and amount of private capital leveraged; and WHEREAS, Collier County has been awarded a $~750, . ~r, Neighborhood Revitalization Grant project the Shel]aba:(:.~ Project, located in i~mokalee, Florida; and W!IESEAS, Collier County ~Currently has been aw.~r~.t ~ CDBG Economic Development Grant for the White Lak,> C~-~.~n:,~r,. Project, l~3cate,T[ near the area known as GolrJen Gate, Flc:'k,.~.,; and WHEREAS, Collier County currently has $750,0[~0 ~n Economic Development Gr~nt ~un,JS reserved for a [~roje,~t (~li,,.t Iramokalee Region,ti Airport ,'.~.anufacturln¢3 Facility, io~a'.~,] .~7 Immokalee Regional Airport in Irrm~okalee, ~Florida; WHEREAS, each of these grant.~- needs to hav<~ signed and submitted to the Department of Community Al[airs, in Tallaht%ss~n, Florida by ~[ther the Chief E[ectnd des~cnee; and %;}{EPEAf], County Administrator has been of Collier County Commissioner's designee in each mentioned grants, as approved in resolution No. Shellabarger Park Infrastructure Improvement Project, No. 98-.79 for the White Lake Corporate Park Project, and in resolution ~o. 99-[19 for the Immokal,~e Airport ~danufacturJnq Fac~!i~'/ Const:r~ction 9:HEPEAS, at specific times during the C~':~; Chief Eiec%ed Official, or the County Administrater available LO sign and submi~ needed grant document.irish Departmen' of Ccmmunity Afl,]irs on a timeJy hasi:~; IIOW, THEREFORE, BE IT RESOLVED BY THE BOAI~P ,')~' COMMISSIO[.:ER:{ OF COLLIER COU~:TY, FLORIDA, THAT: 1 . The Board o~ ~]n~]nty Commissioners h~,z,,b'? ,~,~' ho~ i~:,'~ County Administrator, or the Co.unity Development .'~nd [-i:.';~:~>:~:r~e:.' Services Administrator to sign ali documents pertains[hq '~ the grants awarded to Collier County for the Shell.]b,%r~]e[ Par?, ~ro]ecr the White Lake Corporate Park Project, to accept grant ~unds on behalf of the County, and to execute all agreements and do~un..,,nts ~n b,--~:,~lf o[ the B~ard of County Commissioners, including be' ~:~'~ I !mite, J participat~ ng party agreements and the quarter i'/ : ~.~,~ ~ . , .~:. perform al~ acts associated with grant administrat~(~:;. ~. The Board of County Commissioners hereby aut~orize~ County Administrator, or t~e Co.unity Development and Environmental Services Administrator to s~gn all documents per[ai~,inq :,~ the grants awarded to Collier County fo~ the I~oka]e~ R,~3ior~al Air~nrt Manufacturing Facility' s Pro]ect, to accept grant funds o~. b(-h,]l f ,3: the county, and to execute all agreements and documents on behalf of the Board of County Commissioners, including but not limited to participating party agreements and the quarterl7 reports, nn~! to perform all acts associated with grant administration. BE IT FURTHER RESOLVED that this Resolution be :,.c, :<led b'f ~):e Official Clerk of Courts in the Public Records of Co!I ier County, Florida. ADOPTED this ___~-~__ day of June, 1999. ATTEST: DWIGHT E. BROCK AEte~t as to Cha~rm~'~ sl~ature~l~B AND r,E~AL APROVED FOPM SUFFICIENCY: ~idi F. Ashton-- Assistant County Attorney AGREEMENTFOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between COLLIER DEVELOPMENT CORPORATION, a Florida corporation, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that cedain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows, to wit; East Naples Industrial Park Lot 9 and South 24.2 feet of East 160 feet of Lol 19 according to the plat thereof, as recorded in Plat Book 10, at Page 114, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements, NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Properly, described above. 2.01 The purchase price (the "Purchase Price") for the Property shall be THREE HUNDRED SEVENTY-EIGHT THOUSAND ($378,000,00) DOLLARS, (U.S. Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than August 1, 1999, unless extended by mutual written agreement of the parties hereto, rhe 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 padies in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 16/ 6 3.0111 Warranty Deed in favor of Purchaser conveying title to the P :~ roperty, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3,0112 Mechanics Lien and Possession Affidavit. 3,0113 Combined Purchaser-Seller closing statement. 3,0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At tho Closing, the Purchaser, or its assignee, shall cause to be^to the Seller the following:'~ ~ i~ 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth, 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser, 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issuod by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than 16 6 liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are riel limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessmenls for 1999, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in wriling of any such objections in Seller's title in the manner herein required by this Agreement, the lille shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which wilt be satisfied at Closing, Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of Ihis Agreement. 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain one (1) independent appraisals in order to determine the value of the Properly pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal, Purchaser shall deliver to the Seller prior to the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Appraisal Period, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal report shall be furnished to the Seller. 6.01 Purchaser shall have ~) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable Slate and Federal environmental laws and the Property is free from any pollution or contamination. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is salisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right o! inspection, Purchaser shall deliver to Seller copies of alt engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. vii, IH_S_P_6_CTI 0 ~1 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Properly at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shatl have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the pad of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any fudher liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 6A6 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the padies, and take into account the peculiar risks and expenses of each of the parties. Xl. ' R ' NT 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presenIly the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execule and consummate the transaction contemplated hereby. At Closing, cedified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property ~hat could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any podion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 ¢~N~-i~'~N~t there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer sysLe,~n; Seller represents that they have (it has) no knowledge that any pollutants,are have been discharged from the Property, directly or indirectly into any body of water. C~-~-~,~,e,s,~ the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxi~ substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic ~ §ubstances are currently used in connection with the operation of the Property, and ~. there is no proceeding or inquiry by any authority with respect thereto. -~'~"t ~e~-that there is~qround water contamination on the Properly or potential of ground water contamination from neighboring properties. ~ no storage tanks for gasoline or any other substances are or were".located on the Property at any time during or prior to Seller's ownership thereof. ~ none of the Property has been used-, as a sanitary landfill. /~., ....,;... , ........ ',,y. ~ '. 11.018 Seller has no knowledge that ' ' ' . r-of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. exi'sfing zo~ afro ' roperty, and there are no maintenanc vertising, management, leasing, employment, 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moraloriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed Io Purchaser in writing prior to the effective date of this Agreoment. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the properly which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. , .... '., ~_. , ~' ~ommon law relating to ~a o_rdance with, but not., r~se, Compensation, and: ~LA" or "Superfund"), ~uperfund Amendment and ~dments or successor in functi ser, hereunder, shall 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 12.01 Any notice, request, demand, instruction or other communication to be given to either pady hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Annis, Mitchell, Cockey, Edwards & Roehn, P.A. Pelican Bay Financial Center 8889 Pelican Bay Boulevard Naples, Florida 34108 Attention: C. Perry Peeples 12.02 The addressees and addresses for the purpose of this Article may be changed by either pady by giving written notice of such change to the other pady in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII, A T 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or pady claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14 06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement fails on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: DATED: ~,~ ~ l ~P,~ ATTEST: DWIGHT E. BROCK, Clerk A~test ~$ ti, s~atur~ BOARD OF COUNTY COMMISSIONERS COLLIER C~ BY: -' DATED: " WITNESSES: FIRST WITNESS (Signature) ~Print Name) i ( . SECOND_WITNESS (Signature) (Print Name) COLLIER DEVELOPMENT CORPORATION, a Florida corporation By: Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney RESOLUTION NO. 99-256 A RI.~Sf)I.UTION OF TIlE COLLIER COUNTY I)OARD OF COUNTY COMMISSIONI.;RS DIREC'HNG TIIAT TIlE NON-ADOPTED PORTION AND T11F. SUPPORT DOCUMENT OF TIlE TRANSPORTATION F.I.EMF. NT OF (.;ROWH I MANAGEMENT PI.AN BF. UPDATED. IVhereas, tile Transporlation Element of tile Growth Management I'lan is divided into an adopted portion that begins on page 37 and a non-adopted portion that precedes page 37: and Whereas, the Suppt)rt Document of Ihe '['ranspo~ation Element is not adopted: anti Whereas, thc above mentioned portions of the Element have tables alld Iigurcs that bccmnc obsolete or require corrections: NOW, TilEI~,EFORE, liE IT RESOLVEI) by the Collier Counly Ihmrd of County Commissioners that: I. Thc non-adopted portion of thc Transportation Element of thc Growth Management Plan bc updaled ill file Ibllovdng ways: · 1 ~pdate thc Service Volume Tables (formerly Tables IA through II)) 1o inchlde the information contained in Ibc ( >dlicr ( 'tmnO' .%rvice 15duroc lO,date I"imd RtTmrt of April. 1998: Update tim Collier County Transportation Planning Capacity Database (Table 41 IO include ]QQg trall]c counts and Ibc updated service volumes; · t Ipdate Map TR- I BW to show thc existing uumber of lanes: and Correct an error on Map TR-IAW and show lmmokalcc and Marco island as "small urban" areas. 2. The Support l)oct,mcnt of the Transporlation Elcmcnt be updated in tile tbllovdng v, ays: · Update Section · Update Section · Update Section · lJpdatc Scctio,1 Program: · Updale Seclion 1999: · Update Section tX. Traffic Count l)ata, to include 1998 traffic counts: B. Traffic Accident Data. to reporl 1998 accident data: C. Traffic Projections. to include 1998 traffic counts in thc trend prediction: D. St~,te 5-Year Work Program. to show lhe Adopted 1008/99-2002/02 Work F.. Cot,nty Secondary Road Program, to shoxv tile program adopted in January. F. I.evel of Service Tables, to include by reference the Collier ('ounO' Service l'ohtme Up&rte bVmd Report. April. 1998: and Update Section G. Collier County 1990 Model Validation and I.ong-Range Hah Update Financially Feasible Plan. l, include the 2000. 2010, and 2020 Financially Feasible nctx~orks adopted as a l.ong Range Transportation Plan Amendment in February. 1998 by thc Metropolitan Pkmning Organization. ATTEST: DWIGIIT E. BROCK, CI.F.I~,K Attest as to Ch~Hr,~en'$ sl~atur~ onlj; / APi)ROVED AS TO FORM AN[) LEGAl. SUFFICIENCY: COLLIFR COUNTY BOARI) ()1: C()tJNTY COMMIS~ v~,x,da ~ s~ E. CU~IR'~VOMAN Marjorie M. Student. Assistant County Attorney 16 ,15 Dtx:umen! Prepared By Mark W. Minor, P.F,. Q. Grady Minor & Associates. P.A. 3800 Via Del Roy Bonita Springs. Fl. 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this _~?:,(::~ day of~ 1999 between Glen Eden on the Bay, l,.P., hereinafter referred to as "Developer", ,~nd the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Eden on the Bay" 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 tbr the construction of the required improvements. NOW, TIiEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $764,26~/.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 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. 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 arid approved by the Development Services Director for compliance with the Collier County Land Development Code. 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 tile improvements. However, in no event shall Ihe Developer Services Director refuse preliminary approval of the improvements il' they are in fact constructed and submitted for approval in accordance with tile requirements of this Agreement. The Developer shall maintain all required improvements for a n'finimun'~ period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, thc Developer shall petition tile Development Services Director inspect the improvements. Tile Development Services Director or his designee shall inspect the improvements and, il' 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 10% subdivision pcrtbrmance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for County. Six (6) months after the execution of this Agreement and once within every six (6) months thereaftep the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of tile 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 tile subdivision performance security for tile improvements completed as of the date of the request. 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 and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. Tile Developer, as principal under file subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final 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 carry out all of the provisions of the Agreement. Ali of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of~! . 1999. Signed, Sealed and Delivered in the presence of: Witnesses: (Printed or Typed Name) (Printed or.Typed Name) Attest: Dwight E. Brbck, Clerk ,;,,'~{~{erk Attest I'~ ~o Chal~an's v"'/' ' signature only. Approved as to form and legal sufficiency: __David C. Weigel Collier County Attorney BY: Glen Eden on the Bay, L.P. By: Western Sales and Development Co., Its General Partner ,./ i // /- / : ' /' BY: ~/,.'~. j ,-'!'~ Gary Kin/sella, Vi'ce~resident Board of County Commissioners of Collier County, Florida Chairman ISSUING BANK: NATIONSBANK, N.A. RE: IRREVOCABLE LETTER OF CREDIT NO. 941555 ISSUE DATE; JUNE 7, 1999 EXPIRY DATE: JUNE 7, 2000 AMOUNT: $764,264.00 APPLICANT: GLEN EDEN ON TIlE BAY, LP 14510 VANDERBILT DR. NAPLES, FL 34110 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C/O OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL WE HEREBY ISSUE OUR IRREVOCABLE LETTER OF CREDIT NO. 941555 IN YOUR FAVOR FOR THE ACCOUNT OF GLEN EDEN ON THE BAY, LP IN THE AGGREGATE AMOUNT OF SEVEN HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED SIXTY-FOUR UNITED STATES DOLLARS ($764,264.00), AVAILABLE BY BENEFICIARY~S DRAFT(S) AT SIGHT DRAWN ON NATIONSBANK, N.A. AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "GLEN EDEN ON THE BAY, LP HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS GLEN EDEN ON THE BAY 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 FOP~ALLY ACCEPTED BY THE BENEFICIARY." THIS CREDIT SHALL BE VALID UNTIL JUNE 7, 2000, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE (t) YEAR PERIODS, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED M;IL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. DRAFTS(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER NATIONSBANK, N.A. CREDIT NO. 941555 DATED JUNE 7, 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 OUR 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. :~3-;~IRREVOCABLE ,STANDBY ~,LETTER ~OF CREDIT NO ~ -941555, PAGE 1 ORIGINAL 16 15' 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 TO OUR OFFICE LOCATED AT 901 MAIN ST., 9TH FL., DALLAS, TX 75202, ATTN: LETTER OF CREDIT DEPT. 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. MJ RELLA COLEMAN VICE PRESIDENT FOR ASSISTANCE PLEASE CALL BARBARA TEAGUE AT 214-209-3097. IRREVOCABLE STANDBY LETTER OF CREDTT,"ND. '.;941555;::'PAGE 2 16B 1 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 168 4 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 LIVINGSTON ROAD (G.G. PARKWAY to PINE RIDGE ROAD) COLLIER COUNTY PROJECT NO. 60071 AND LIVINGSTON ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) COLLIER COUNTY PROJECT 62071 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this,~/l~...day of 19/4.,¢, , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida [ex-officio the governing board of the Collier County Water-Sewer District] (hereinafter referred to as the "OWNER") and Agnoli, Barber and Brundage, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trail North, Suite 200, Naptes, FL 34108 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering design and environmental permitting services of the CONSULTANT concerning certain design services for Livingston Road (G.G. Parkway to Pine Ridge Road) -County Project No. 60071 and Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) - County Project No. 62071 (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and -I. WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering design and environmental permitting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. q.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager .shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other perso'nnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all -3- published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the service:~ t.) be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. -4- il 686 1.1 1. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Adicle Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic .$. 1 686 Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use, 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be,provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts' for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 0 -6- 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted engineering design and environmental permitting practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3,1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issuo any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any 'way whatsoever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT provided that the change (or the sum of the changes) amounts to 10 percent or less, of the current Board approved amount and does not exceed S50,000. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by ~he CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; -7- 1 686 (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter tho Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to tho services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site. tr) t)oarranged hyOWNER for CONSULTANT, may be provided during times that are not the normal t)usiness hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys and provision of O & E reports for propedies along the proposed roadway corridor in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the ;:ause or causes thereof, or bo deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within seven hundred thirty-seven (737) calendar days (subject to meeting several interim milestone dates as further described in the detailed scope of services) of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNfiR at its solo discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documonts, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above. CONSULTANT agrees to pay to OWNER S10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later, OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. -I1- 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder, ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS -12. 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE 1-ERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part. as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to porforrn or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of ter'mination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. -13- 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set fodh in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement, 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT fudher represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party oFparties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by th6~ CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Public Works Engineering Department 3301 Tamiami Trail East Naples, FL. 34112 Attention: Robert C. Wiley, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail, Suite 200 Naples, FL 34108 Attention: Mr. Daniel W. Brundage, P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. -16- 17.3. This Agreement is not assignable, in whole or in pad, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Adicles, Schedules, Pads and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Adicles, Schedules, Pads and Attachments. 17.6. This Agreement, initially consisting of fifty (50) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other pady relating to or arising out of this Agreement must be brought in the appropriate Florida state coud in Collier County, Florida. .17. IN WITNESS WHEREOF, the parties hereto have executed this Profe i I e esl Agreement for the day and year first written above. PAGf~ 2 of 3 ATTEST,;.. , D,,~ight E. E~'~ck, Clerk sl~turm ~1~, Date: ~ ~/~ / Approved as to form and legal sufficiency: AsAistant County Attorney Witr~3ss (1) (Print or Type Name) Witness (2) (Print or Type Name) AGNOLI, BARBER AND BRUNDAGE, INC. By: 'kl~aniei~/. Brundage. ¢.E. President . (CORPORATE SFAL) SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Pads: A.1. DESCRIPTION OF PROJECT A.2. DESIGN SERVICES A.3. SCHEDULE A.4. CONSTRUCTION BID SERVICES (Not implemented at this time) A.5. CONSTRUCTION CONTRACT ADMINISTRATION (Not implemented at this time) A.6. DETAILED OBSERVATION OF CONSTRUCTION (Not implemented at this time) -19- k.1. DESCRIPTION OF PROJECT. A.1.1. The project consists of the complete design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road. This project is a combination of two County roadway projects as follows: Project No. 60071 Livingston Road (Golden Gate Parkway to Pine Ridge Road) Project No. 62071 Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) A.1.2. Project 60071 - Livingston Road (Golden Gate Parkway to Pine Ridge Road) The Collier County Public Works Engineering Department (P.W.E.D.) has recently completed the design of Livingston Road from Radio Road through the intersection of Golden Gate parkway. The OWNER has obtained aerial photography (raster imagery) and survey cross sections (100' spacing) for the Livingston Road corridor and has prepared a preliminary access management plan and typical roadway sections. Additionally, within the limits of the Pine Ridge Road existing right-of-way, the provision for a plateaued intersection at Livingston Road and Pine Ridge Road has been included in an ongoing design contract for 6-lane improvements to Pine Ridge Road. The OWNER will provide the design drawings to CONSULTANT in an electronic format so that the design of Livingston Road can be coordinated with the Pine Ridge Road intersection design. It is anticipated that intersection design at Pine Ridge Road by CONSULTANT will be limited to coordination with Pine Ridge Road design plans and modifications to signals to reflect the new Livingston Road lane configurations. This segment of roadWay is approximately 2.5 miles in length and is to be designed as a 4-lane urban arterial with the ability to construct two additional lanes within the median when traffic demand requires the expansion. Where the roadway fronts the Wyndemere development, the nodhbound lanes (under the initial 4-lane construction) are to be shifted to the west to maximize the distance from Wyndemere. To further protect the residents of Wyndemere from the impact of the road, a vegetated earthen berm topped with a noise reduction wall will be -20- designed along the eastern side of the roadway. This berm/wall facility will extend from the southern end of Wyndemere to their entrance. North of Wyndemere's entrance, their Pond Apple Preserve will probably preclude the use of a berm, but an evaluation on the need for a noise reduction wall will be made and a wall designed if needed. Provision will be made in the design of the drainage facilities to accommodate the addition of the third northbound lane (when the expansion to 6..lanes is needed) to the outside where this sh~ft occurs. Thus, the effect under the initial 4-lane construction condition is to transition the northbound lanes from the two outside lanes to the b,"¢o inside lanes as the roadway passes Wyndemere. and then transition back to the two outside lanes. The lane shift will be eliminated when the roadway is 6-1aned. This roadway segment design will match with the design of the full Livingston Road cross section at approximately roadway station 173+00 north of the Golden Gate Parkway intersection (as designed by P.W.E.D. staff) and proceed through the intersection of Pine Ridge Road to approximately roadway station 206+00 to match with the full Livingston Road cross section for Project No. 62071. Right-of-way acquisition must begin in August, 1999. The CONSULTANT will provide a complete right-of-way map to the OWNER by August 15, 1999. This segment of roadway design includes signalization design for the Wyndemere/Grey Oaks intersection and modifications to the signals at Pine Ridge Road. The design of the roadway within the corridor includes the design of a 12-inch water main along the eastern side of Livingston Road from Golden Gate Parkway to connect to the Wyndemere development's existing 16-inch water main. There may also be a relocation of the existing 16-inch water main from the Wyndemere service to the northern edge of the Wyndemere development. The project also includes the design of a 20-inch reclaimed water main along the western side of Livingston Road that will extend from Golden Gate Parkway to connect to a 20-inch reclaimed water main on the north side of Pine Ridge Road. .21- P.W.E.D. staff have anticipated two stormwater discharge outfalls for this project. The southern outfall to a detention pond in the southeast corner of the Livingston Road/Golden Gate Parkway intersection (constructed as part of the Livingston Road from Radio Road to Golden Gate Parkway) will handle the roadway discharge from approximately the northern extent of Wyndemere south to the Golden Gate Parkway intersection. North of Wyndemere, tho eastern outfall will utilize the existing outfall channel from the Kensington development and connect to two (2) culverts under 1-75. The consultant is responsible for verifying the adequacy of these outfalls and designing the appropriate stormwater management facilities for tho roadway and the offsite areas that will also uso the limited discharge points, A.1.3 Project 62071 - Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) -- This segment of roadway is approximately 2,0 miles in length and is to be designed as a 4-lane urban arterial with the ability to construct two additional lanes within the median when traffic demand requires the expansion, The OWNER has obtained aerial photography (raster imagery) and survey cross sections (100' spacing) for the Livingston Road corrMor and has prepared a preliminary access management plan and typical roadway sections. This roadway segment design will match with the design of the full Livingston Road cross section at approximately roadway station 206+00 north of Pine Ridge Road (as designed by CONSULTANT) and proceed through the intersection of Vanderbilt Beach Road to approximately roadway station 323+00 to match with the full Livingston Road cross section for Project No. 62061. Right-of-way acquisition must begin in June, 1999, Tiro CONSULTANT will provide a complete right-of-way map to the OWNER by May 31. 1999. This segment of roadway design includes complete signalization design for two intersections in the Livingston Woods area plus the intersections at Orange Blossom Drive and Vanderbilt Beach Road. The design of the roadway within the corridor includes the design of a 12-inch water main along the eastern .side of Livingston Road from Pine Ridge Ro;~d to Vandert)ilt Beach Road. P.W.E.D. staff have anticipated two stormwater discharge outfr~lls crossing under 1-75 for this project. The southern outfall will utilize an existing ditch along the section line between Sandalwood Lane and Hunters Road. The northern outfall will utili;'e an existing ditch along the southern border, of the Village Walk development. The consultant i,'; rosponsit.)le for verifying the adequacy of these outfalls and designing the appropriate stormwater m~magement facihties for the roadway and the offsite areas that will also use the limited discharge po~rlts A.2. DESIGN SERVICES The CONSULTANT is responsible for the full, turn-key design of Livingston Road from the northern extent of the intersection with Golden Gate Parkway through the northern extent of the intersection with Vanderbilt Beach Road. The CONSULTANT, as identified in the submitted proposal, is Agnoli, Barber and Brundage, Inc. with Johnson Engineering, Inc.. Tindale-Oliver and Associates, Inc., and Law Engineering and Environmental Services, Inc. identified as sub- consultants. The following sub-sections identify specific areas of design activity, but are not intended to relieve the CONSULTANT from anything less than providing complete design, documentation, plans preparation, special conditions, general conditions, supplemental conditions, specifications and bid and Agreement forms of Livingston Road in a format acceptable and ready for release by the OWNER for construction of the Project. The CONSULTANT shall also provide detailed opinions of probable total Project construction costs in writing for OWNER's review and approval at the 60%, 90% and 100% Plans submittal stage. -23. A.2.1. Engineering and Land Surveys -In addition to using the existing surveying information provided by OWNER, the CONSULTANT shall be responsible for obtaining all additional supplemental surveying needed for design and/or right-of-way tasks. A.2.2. Geotechnical Services -In addition to using the existing geotechnical information (from Ardaman and Associates, Inc. dated 2-21-96) provided by OWNER, the CONSULTANT shall responsible for obtaining all additional supplemental geotechnical information needed for the design tasks. A.2.3. Roadway and Utility Plans - CONSULTANT shall provide complete and accurate roadway and utility design plans, design calculations and all other documentation in accordance with the Florida Department of Transportation Plans Preparation Manual (30%, 60% and 90% plans) and Collier County Public Works Division design standards unless otherwise agreed to in writing by the project coordinator. Roadway plans shall include utility line locations. Utility design plans shall be shown on separate sheets and numbered accordingly. Plans shall be in English units. Plans submittals to the OWNER for review purposes shall be 24" x 36" sheet size with a minimum of three sets provided. A.2.4. Utility Relocation Plans - The CONSULTANT shall provide full engineering design services for relocation of existing utilities, including, but not limited to, utility company coordination efforts, notifications, and preparation of utility relocation plans to ensure the constructability of the roadway project. This section is not to be interpreted to mean that the CONSULTANT assumes the actual design responsibilities normally performed by the utility companies for electrical, telephone and other cable utility facilities within the road right-of-way. A.2.5. Right-of-Way Maps - The CONSULTANT shall develop a right-of-way map for the project and provide legal descriptions and parcel sketches necessary for any property -24- 16 acquisitions. This information shall be provided at the time of 30% plans submission and modified as necessary ~f changes occur as a result of subsequent design activities. A.2.6. Signalization Plans - The CONSULTANT shall be responsible for the development of complete intersection signalization design plans and specifications, including but not limited to researching and developing traffic projections for initial signal timings, intersection geometry, signal head locations, mast arm or other OWNER approved signal support system design, etc. The final locations of signals shall be in accordance with the OWNER's Access Management Plan as may be modified by the CONSULTANT during the preparation of the 30% Plans and Design Report. A.2.7. Signing and Marking Plans - The CONSULTANT shall prepare complete signing and marking plans in accordance with Florida Department of Transportation and Collier County Public Works Division standards. A.2.8. Street Lighting Plans -- The CONSULTANT shall prepare complete street lighting plans in accordance with Florida Department of Transportation and Collier County Public Works Division standards. The CONSULTANT shall coordinate, through the project coordinator, the street lighting design with the surrounding developments to ensure local community compatibility and aesthetic acceptance. A.2.9. Permits - The CONSULTANT shall prepare all required permit applications necessary for the construction of the complete roadway and utility design project. The CONSULTANT shall provide all necessary response information to the appropriate regulatory agencies to obtain approved permits. The OWNER is responsible for all permit application fees which are separate from the cost proposal attached to this AGREEMENT. -25- 1686{ A.2.10. Final Contract Documents (100% Plans) - The CONSULTANT shall prepare Final Contract Document plans, specifications, and any other documents required for bidding the project. These shall be prepared upon receipt of review comments from the 90% plans. A.2.11. Advisory Services - As needed and requested by the OWNER, the CONSULTANT shall be readily available to perform advisory services and assistance in such matters as, but not limited to, preparation of sets of bid and contract documents, assist with the pre-bid conference, respond to bidder's inquiries, prepare bid addenda items (where such addenda items are not clearly an omission from the bid plans/specifications/documents), reviewing the bids for contract award, and attend a pre-construction conference. services shall be paid on a time and materials used basis. assist in Advisory A.2.12. Post Design Services - The CONSULTANT shall be responsible for obtaining [he Florida Department of Environmental Protection Utility Main Extension Permits, review of shop drawings submitted by contractor, rapid response for clarifications to the plans, specifications, and/or contract documents prepared by the CONSULTANT, performance of a final inspection for conformance to the plans, preparation of permit cedifications, and preparation of record drawings using information obtained from the contractor or construction engineering inspector and verified by CONSULTANT. The CONSULTANT will visit the construction site on a periodic basis to ensure conformance to the prepared plans, with the time spent on these site visits to be billed on a time and materials basis, with a cost not to exceed maximum as identified in the cost proposal. A.2.13. Constructability Review - Upon receipt of the 90% design plans, the OWNER will conduct an independent constructability review of the project. This independent review may be performed by OWNER's staff or an independent consultant firm. A.3. SCHEDULE A.3.1. Project Schedule - Within 10 days of receiving the Notice to Proceed, the CONSULTANT shall develop a baseline project schedule using Microsoft Project showing the detailed breakdown of design task items in a format acceptable to the OWNER. CONSULTANT shall be responsible for updating this project schedule on a monthly basis and providing a copy (both paper and electronic) to the project coordinator. The updated schedule shall show the current status of the project compared to the baseline schedule. A.3.2. Progress Meetings - CONSULTANT shall keep OWNER informed as to the status of the project design through no less than monthly meetings at the project coordinator's office unless otherwise agreed to by the project coordinator. A.3.3. Project Milestones - As identified in the original Request for Proposals, meeting milestones for the various deliverables is essential. The milestone dates for each phase of the project are as follows: Project 60071 (Golden August15,1999 November30,1999 March 31,2000 June 30,2000 October2,2000 Gate Parkway to Pine Ridqe Road) 30% design plans, right-of-way map, and legal descriptions and sketches 60% design plans, specifications, calculations, and cost estimate 90% Design Plans, specifications, calculations, and cost estimate 100% design plans, specifications, calculations and cost estimate Construction Start Proiect 62071 (Pine Ridqe Road to Vanderbilt Beach Road) August 15, 1999 30% design plans, right-of-way map, and legal descriptions and sketches August 31, 2000 60% design plans, specifications, calculations, and cost estimate -27- January 31,2001 April 30, 2001 October I, 2001 90% Design Plans, specifications, calculations, and cost estimate 100% design plans, specifications, calculations and cost estimate Construction Start A.4. CONSTRUCTION BID SERVICES (Not Implemented At This Time) A.4.1. CONSULTANT shall assist in securing bids and: (a) provide interpretation and clarification of Contract Documents during bidding; (b) coordinate bid process with Collier County Purchasing Department including advertisements, publications, Contract Document sales and receipt of bids; (c) (d) (e) (f) (g) (h) (i) distribute Contract Documents during bidding phase to prospective bidders; maintain record of prospective bidders to whom bidding documents have been distributed; organize and conduct pre-bid meeting with prospective bidders; attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; assist OWNER in evaluating bidder's previous experience, if necessary; prepare and issue addenda as appropriate to interpret or clarify Contract Documents; provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents; -28- (J) (k) provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, make a recommendation of contract award. k.5. CONSTRUCTION CONTRACT ADMINISTRATION (Not Implemented At This Time) A.5.1. Consult v,,~th the OWNER and contractors as reasonably required and necessary, with regard to construct,on of the Project, including but not limited to pre-construction conference and monthly coordination meeting with OWNER and contractor. A.5.2. Review ma[erials and workmanship of the Project and report to OWNER any deviations from the Contract Documenls which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.5.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.5.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor"s expense if deemed appropriate by the CONSULTANT. .29- A.5.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.5.6. Submit to OWNER, in a format acceptable to OWNER, [INSERT FREQUENCY INTERVAL HERE] progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.5.7. Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.5.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) (b) (c) the work has progressed to the point indicated; the work is in substantial accordance with the Contract Documents; and the contractor(s) is (are) entitled to payment in the recommended amount. A.5.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, -30- 16 schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.5.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.5.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.5.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.5.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.5.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.6. DETAILED OBSERVATION OF CONSTRUCTION (Not Implemented At This Time) A.6.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.6.2. During detailed observation of OWNER's interests in Project and: (a) construction CONSULTANT shall act to protect take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all [INSERT TYPICAL ITEMS TO BE PHOTOGRAPHED HERE] for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to -3:2- (b) (c) (d) 16B6 date, time, location, direction and photographer, with subsequent notations on drawings; maintain appropriate field notes from which record drawings can be generated; maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and observe operation or performance testing and report findings to OWNER and contractor [optional insert i.e., including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units]. END OF SCHEDULE A -33- SCHEDULE B BASIS OF COMPENSATION ]686 ;, Schedule B consists of the following component pads: B.1. BASIC SERVICES B.2. REIMBURSABLES B.3. PAYMENT PROVISIONS ATTACHMENT A, SCHEDULE OF FEES FOR BASIS SERVICES ATTACHMENT B, CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE B.1. BASIC SERVICES B.1.1. As consideration for providing Basic Services as set fodh herein in Pads A.2 and A.3, (Pads A.4, A.5 and A.6 have not been implemented at this time) of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the fixed fees, or unit cost rates for items billed on a time and materials basis, as shown on "Schedule B, Attachment A, Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Parts A.2 and A.3 of Schedule A (Pads A.4, A.5 and A.6 have not been implemented at this time) that are identified as fixed fee items in "Schedule B, Attachment A, Schedule of Fees for Basic Services" shall be paid based upon receipt of an invoice from the CONSULTANT submitted no more than once a month. Progress payments for incomplete tasks shall be based upon the percentage of work completed by CONSULTANT, not -34- on the percentage of time expended. The CONSULTANT shall provide the project coordinator with satisfactory explanations on the work being billed as completed to date on the invoice. B.1.3. Payment For Basic Services under Pads A.2 and A.3 of Schedule A (Pads A.4, A.5 and A.6 have not been implemented at this time) that are identified as time and materials in "Schedule B, Attachment A, Schedule of Fees for Basic Services" shall be paid based upon receipt of an invoice from the CONSULTANT submitted no more than once a month. Invoices shall identify the task, billing rate for the person performing the work, and time billed. Payment for work on time and materials based items shall not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to "Schedule B, Attachment B, Consultant's Employee Hourly Rate Schedule" provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. The CONSULTANT shall provide the project coordinator with satisfactory explanations on progress of the work being billed on the invoice. The amounts shown on "Schedule B, Attachment A, Schedule of Fees for Basic Services" for time and materials items shall be considered as a maximum cost not to exceed, B.2. REIMBURSABLES B.2.1. For reimbursable items, the invoice shall match the receipt, a copy of which shall be provided as support documentation. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; -3.5- (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Pads A.2 and A.~3 of Schedule A (Parts A.4, A.5 and A.6 have not been implemented at this time) of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.2. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.1., such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNi::R; or (d) expenses ,for copies, reproductions, postage, handling, express delivery, and long distance communications, B.3. PAYMENT PROVISIONS B.$.1. In no case shall the fixed fee or time and materials figures on Schedule B Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. -36- B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, and Attachment B Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B, are incorporated herein and will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.4. As compensation for coordinating sub-consultant activities (other than Johnson Engineering, Inc., Tindale-Oliver and Associates, Inc., and Law Engineering and Environmental Services, Inc. which submitted as sub-consultants as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Pads A.2 and A.3 of Schedule A (Parts A.4, A.5 and A.6 have not been implemented al this lime). END OF SCHEDULE B. -3'7- SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES See the fee schedule provided by CONSULTANT for the project phases as follows: Project No. 60071 (G.G. Pkwy. to Pine Ridge Road) pages 38A through 38D Project No, 62071 (Pine Ridge Road to Vanderbilt Bch, Road) pages 38E through 38H -38- AGNOLI BARBER & BRUNDAGE LIVINGSTON ROAD - SEGMENT ONE SUMMARY FEE SHEET TASK 1.00 - ENGINEERING AND LAND SURVEYS Task .. j ' Task Man Av~ Ca~c Pra~ Fee_ ~ ~pt~ H~m R~e F~ F~ T~ 1.01 ~sign Su~e~ 7.735 . . a. Obtain sup~ta t~ ~ae ~s . ~ ~ 5,1~ FF ~ b. Obtmn sup~l~l~ ~ih~ inl~ 20 85 1,7~ FF c. Gr~ c~]tr~ f~ ~ ~t~r~ ~ ~als 11 85 935 FF 1.02 Right.f-Way Su~e~ 21.7~ a. ~t~ Ti~ ~ 85 8.1~ FF b Su~i~si~ T~ 1~ 85 13.~ " FF Sub-To~l Task 1,00 ~7 29.495 29,495 TASK 2.00 . GEOTECHNICAL SERVICES ~ D~t~on o~ Tests Ra~e Fee Fee Type 2.01 Soil Borings and Laborato~'~.Tesl3ng ~ 19,704 a SP! and Hand Au~u~ Sol I~:~ng~ 49 D,0t3rt~ls 4.890 T&M b. En(j~neenn~ S,e~'aces 83 ~ 73 6.059 FF c Labo~ato~ Se~,~ces. Tests 93 hours 85 7.905 FF 'd P~eparationo/Sc~l DataShe~ ,10hours 85 _8__~ J FF Sub-Total Task 2.00 lg.704 19.704 TASK 3.00 - ROADWAY PLANS Task Tas~ Man Avg Calc Prop Fee # Desc~ pt~(3,'~ Hours Rate Fee Fee T~De 3.01 Grades and Geometric-, (30% Plans! 45.410 a. Ke~ Map 10 67 670 FC b. Back of Sidewalk Shee{ 40 71 2.840 FF ~c. Drmnage Maps (1' = 200'/ 60 80 4.800 FF d Plan and Pro~le Stx~s ~,1'. 40',) 180 79 14,220 FF e. Tyl~ical Section She~ §0 79 6.320 FF f. Cross Section She~s 144 70 10.080 FF' g. Budc~e~ Estimate 80 81 6.480 FF ~ 3.02 Basic Plans (60%I 90.590 a. Ke~ Ma~ 10 65 650 FF b. Drainage Map 40 80 3.200 FF C. T~mca~ Section She~s 60 66 3.960 FF d. Plan and Pro~le Shee~s inc~ Watm' & Effi. design 220 79 17.380 FF e. Drainage Strt.,ct. Sheels ~ncl. Wata' & Effi. Des,gn 90 79 7.110 FF If. ~r~e,=-,eclion De~al S,heets 40 79 3.160 FF !g ;.h~,ectian Pro~le Shee~s 60 79 4.740 FF h. Lateral Ditch/Oulf-~l Sheels 70; 79 5.530 FF ~ Crc~s Secti(~ Sheels 150 72 10.800 FF j. Pre~imina~ Design o~ Stccn Wate~ Treatmanl 120 83 9.960 FF k_ Dranage Tat:x~ations 60 81 4,860 FF Draft Mant~-~,~e of Tra~c Plan 60 78 4,680 FF m Draft B,d Documents 60 80 4,800 FF n D~:~n D~cumentatiort 40 82 3,280 FF o Up-Dated Budge~ Esl~mate 80 81 6.480 FF 38A 3.03 De~ll P~na 190%J ' ' 96.400 a Key Map 10 ¢-~ N0 FF b. Dranage Map 40 74 2.960 FF c. T~ ~i~ S~s ~ 70 2,~ FF d. Summ~ ~ Ou~ S~ 1~ 70 11.2~ F ._ e. Summ~ ~ ~ St~ure S~s ~ 70~ 5.~ FF .f PI~ ~ Pr~le S~ i~. W~ & Effi. d~,~n 220 701 15.4~ FF .h ~an~e St~. S~s i~. W~ & Effi. ~tgn 1~ 70 9.~ FF :J. ~M ~I~MI ~s ~ 70 3.~ FF k Cr~ ~i~ S~s 1~ 70 10,~ F~- I. C~pl~ S~ W~ Tm,~m~t ~n ~ 78 6.240 m Ma~ ~ Tr~c PI~ 1~ 8~ 8 2~ FF n. ~gn ~um~ta~ ~ 82 6.~ FF ,o, S~gn~i~ PI~ ~1~ ~ 80 2 4~ FF ~p Str~ b~ PI~ ~d~t~ 10 80 ~ FF Sub-Toal Task 3.00 3.~ 232,4~ 232.4~ TASK 4.00 - UTILITY RELOCATION PLANS Tar~. Task ....... ~'--~i'- Av~ CaJc Prop Fee # Desc~c~l~ Hours~ R~e Fm F~ T~ m 4.01 Ut,h~ N~fl~ ~ 78 ~ ~O 2.~0 FF -- 4.02 Ubh~ C~d~l~ ~ 78 3.120 3.120 FF 4.03 FInN ~lh~ R~=~m PI~~ 120 73 8 7~ 8.7~ FF Sub-T~m Task 4.00 j 1~ 14 220 t4.22~ TASK $.00 · RIGHT-OF.WAY MAPS Tm 1 i Prop Fee i~ Des,cnptlon Hours Rate Fee Fee T)~e 5.01 R~ghboI-W,,~/Maps {,Preliminary & F~nat) 336 60 20.160 20.1C..~ FF 5.02 Le(:.laJ ~cnph~s and P~cel S~ (10) 17 350 5950 5,950 T&L,t !Sub-To~I Task 5.00 353 26.110 26.110 TASK 6.00 - SIGNALIZATION PLANS Task Task ~ Av~ Calc Prop Fee m Description Hour~ Ra~e Foe F~ T~ 6.01 R~ MPO PI~, H~sl~ T~ D~a, ~ 1~ 65 12.610 12.610 FF MPO ~, ~ ~T, K. D, T ~ I~. V~s. 6.02 ~ Int~ ~ ~ X-~m~ d~n d~a 53 73 3.~9 3.~g FF 6.03 B~c Pl~s 7,~ a. ~ ~ ~ ~ ,,t~l~ ~ 65 5,2~ FF b. Sign~ M~i~i~ ~ P)~ Rm~ i~i~ 40 65 2.~ FF 6.~ ~al PI~ 3.~ b. Sig~ M~lfi~i~ a Pm~ ~ ~nt~l~ 20 65 1.~ FY Sub-T~l Task 6.00 427 28.179 28.179 38B TASK 7,00 - SIGNING AND MARKING PLANS T~c,k I 1ask Man Avg Ca~c Prop Fee # ,J Descnpt~on Hours Rate Fee Fe~ T,~pe 7'.00 S,gmng and MarVJng Plans 300 73 21.900 21,900 FF Sub. Total Task 3'.00 30C 21,9(X) 21,90(; TASK 8.00 - STREET LIGHTING PLANS / ~cnob~ H~ Rae F~ F~ T~ 8.00 {Str~ L~hb~ Pl~s 35 ~ 3 1~ 31.50 FF I ~Sub-To~l Task 8.00 35 3,150 3.150 TASK 9.00 - PERMITS la~k Task Mar~ Av~I C~c t Prop j Fee # ~pIi~ H~ Rae F~~ ~ F~ T~ I 9.01 In~h~ ~ ~th P~l~l~ Ag~,~ 20 ~ 1.~' 1.~ FF 9.02 P~mt ~ 1~ 75 13~ 13.~ FF 9.03 P~mt R~N~ ~ 75 4.~ 4,~ T&M 9.~ Wildh~E~ S~ I~ 1~ ~ 8,4~ 8.4~ T&M Sub-To~I Ta~k 9.00 ~, 28,~ 28.~ TASK 10.00 - FINAL CONTRACT DOCUMENTS (100% PLANS) # D~c~pl;,e~ Hours Rate Fee Fee T~'pe I 10.01 F~na~ Plans 2~ 72 14.4~ 14.4~ FF 10.02 F~n~ ~um~s 2~ 72 144~ 14.4~ FF Su~T~I Task 10.00 4~ 28,~ 28,~ TASK 11.00 - ADVISORY SERVICES Task Task Man Av~l Caic Prop Fee ~ Desc~ Dl,ct3 Hours Rate Fee Fee T~'pe 11.01 S~x (6,) Sets Bid & Cc~ract Documanls 8 65 520 520 T&M 11.02 Issue Complete Contract Documents 16 60 9,50 960 T&M 11.03 A.~st County v~th Pre-Bid C~fe~ence 20 91 1,820 1,820 T&M 11.04 Res[:x3~ lo B~ck::lem Inqumes 40 75 3.000 3,000 T&M 11.05 Prepare Addenda and Issue 40 75 3.000 3.000 T&M 11.06 A.~st County w/B~ds and Award Contract 20 83 1.660 1,660 T&M 11.07 Attend Pr~Con$1AJchc~ C ~-e,-~?.e 12 86 1.032 1.032 T&M Sub-Total Task 11.00 156 11.992 11,992 TASK 12.00 - POST DESIGN SERVICES Task Task Man A~i Calc Prop Fee · Desc,'l Dt,on Hou~ Rate F~ F~ T~ 12.0~ FDEP ~h~ ~n ~ P~ds 30 75 2.2~ 2.2~ FF 12.02 S~e V~ts 416 71 29.5~ 29.5~ T&M 12.03 ~ ~s ~ ~ 5,~0' 5,~0 FF 12.~ Cl~fi~ 1~ ~ 9.~ 9.~ FF 12.0S F~ I~i~ ~ 78 6,240 6,240 FF 12.06 P~it ~ifi~i~s ~ 71 4,~ 4,~ FF 12.07 R~ ~ 120 ~ 8,1~ 8,1~ FF Su~T~I Task 12.00 ~ 65.~6 65,~ 38C 1 686 TASK 13.00 - REIMBURSABLES ~' ~k Task No. of Av~ Calc Prop Fee # [::~5cztpb~ She~s R~e F~ F~ 13.01 24'X~' ~ R~ ~s ~ ~, ~ ~, & 1~ 2 ~s ~ 1~ ~ [~. ~ ~ 1.~ 1,~ 1.2~ T&M 13.02 ~ili~ C~ R~ ~s - 4 ~s ~ ~ s~s 120 1 .~ 180 1~ T&M 13.04 S~MD r~ ~s - 14 ~s ~ ~ s~s 420 I.~ 630 6~ T&M 13,05 R~ght-~.w~ ~ BIt~ 225 1.~ 3~ 3~ T&M 13.06 r&sc. C~, d~, ~ ~t~ ~s~ 1,~.~ 1 .~ 1.~ T&M 13,07 N~ R~t~ P~o l= ~1S~ 3 2,710.~ 8,130 8.1~ FF Sub-T~l Task 12.00 13,703 13,703 GRAND TOTAL Secl~on Man Av~ Caic Fee · DescnDhon Hcx~'s R~e F~ T~ 2,00 B~c ~gn ~ ~ 1 ~ - 10 ~ 5,4~ 79 431.g~ 3,00 B~ic ~n ~ ~ 11 ~,) 1~ 77 11.~2 4,00 B~ic ~i~n Ram~ 13.703 G~ND TOTAL 6,5~ 523,4~ 523.4~ 3SD AGNOLI BARBER & BRUNDAGE LIVINGSTON ROAD - SEGMENT TWO SUMMARY FEE SHEET TASK 1.00 - ENGINEERING AND LAND SURVEYS # ~hon Hoars R~e Fee Fee T~ 1.01 Design Survey 20.570 a. Obtain supplementa~ t(x>3 to update aeneas 40 85 3:400 FF b. Obtain suppleme~'lta uttt~ ~nf~'rn~tlort 20 85 1.700 ' Fi" C Outf~ll dflch su~-/,~.cl cor~rol tot photography 182 85 15.470 1.02 Right-of-Way Survm/' - 14,025 a. Section T~es 65 85 5,525 FF __ b Subchws~on T~es 100 85 8.500 FF ISub,Tot~ 1'ask 1.00 407 34,595 34.595i TASK 2.00 . GEOTECHNICAL SERVICES · t ~on Hours Ra~e Fe~ Fee J Type 2.01 jSoll ~rings and ~-T~ng 22.591 ~a. SPT ~ H~ ~ ~1 ~s 105 6.745 T&M iD. E~ ~ ~ 74 6,512 jPr ~ Sol D~a S~ 10 85 FF ~Sub-To~l Task 2.00 ~ 22591 22.591~ TASK 3.00 - ROADWAY PLANS # DescnD~cn H(~Jrs Rale FeeJ t F~ T~ 3.01 G~des and Ge~ (30% P~nl) 41.720 a. K~ M~ 8 65 520 FF b. B~k ~ S~d~k S~ 40 70 2.~ FF c. ~n~(~'= ~ ~ 8o ~,~ FF d. PI~ ~ P~le S~s (1' - ~ 1~ ~ 12,~ FF e T~i~ ~i~ S~ ~i ~ 4.8~ FF f Cr~ ~ S~s 160 - 70 11.2~ FF g B~ EsDm~e ~ ~ 4.8~ FF 3.02 ~alc P~ns (60%) 73.~ a. KW M~ 8 65 520 FF b ~e ~ 32 ~ 2.~ FF c. T~ ~m ~s 40 ~ 3,2~ FF d. PI~ ~ P~le S~s ~ W~ & Effi. d~n 180 ~ 14.4~ FF e. ~an~e St~ S~s ~ 75 6.~ FF f. I~i~ ~al S~s 40 ~ 3.2~ FF g. Int~ti~ P~e S~s 40 ~ 3.2~ FF h, ~ ~[~1S~s ~ ~ 4.~ FF L Cr~ ~i~ S~S 1~ 70 10.~ FF ~ ~-~ ~ T~c ~ ~ 4.~ FF Is. ~ B~d ~s ~ ~ 4.~ FF O U~D~ B~ Eshmffie ~ ~ 4.~ FF 38E 3.03 D~tall Plans {90%1 78.020 la. KW M~p 6 65 520 FF ~ Dramecje Map ,30 70 2 1~ FF 30 70 2,1~ FF ju Summ~ ~ Q~ S~ 1~0 70 8,4~ FF ~e S~m~ ~ ~m~ St~e 5~s ~ 70 3.~ FF 9~ FF f PI~ ~ Pr~le S~s ~ W~ & Effi, ~n 140 70 4,2~ g M~s~l~ S~s ~ 70 FF h ~an~ St~e ~s 1~ 70 7 ~ .,. FF, ~a ~t~l S~s 40 7~ 2.~ F F -- ~. Cr~ ~i~ S~S ..... 140 70 __ 9,~ [ F I. C~pl~.~ St~ W~ 1 rP~m~l ~n ~ ~ 4.~ ~ F m Ma~nt~ ~ Tr~c PI~ 1~ ~ 8.~ FF n ~,gn ~~, ~ ' 4.~! FF"" o S~gnN~i~ PI~ ~ ~ ~ 2.4~' FF I Sub*To~l Task 3.00 2.~ 192.830 192,830~ TASK 4.00 - UTILITY RELOCATION PLANS T ask T ask Man Av~l Calc Prop Fee # Desc~ot~on Hours Rate Fee Fee 4.01 Utlht¥ Nohfic~lon 25 75 1.875 1.875 FF 4.02 Uhli~ Coord~nahon 35 75 2,625 2.625 FF 4.03 FmaJ Utih[~ R~ PI~ ~ 75 6,7~ 6.7~ Sub-To~l Task 4.00 1~ 11.2~ 11 TASK S.00 - PJGHT.OF-WAY MAPS Task Tas~ M~ Av~ Ca~c j Prop Fee # C, escnlX~m Hours R~e F~ F~ T~ 5.01 R~ght~.W~ ~ (P~m~ & F~ 2~ ~ 15.~ 15.~ FF 5.02 L~ ~npt~ ~ P~ S~ (10} 10 ~ 3,~ 3~ T&M ,Su~To~I Task 5,~ 2~ 18,~ 18,~ TASK 6.00 -SIGNALIZATION PLANS Tas~ Task M,.w~n Av~l Calc Prop Fee # C. escnpt~an Houm R~e F~ F~ T~ 6.01 ~ Int~ ~. ~ X-~ ~gn O~a I~ 73 10.512 10512 FF 6.02 B~c PI~ 20,~ a N~ s,~n~ ~ ~'S W~ ~m~ ~ 65 5,2~ FF b. ~ ~g~ ~ ~ W~ ~ 80 65 5,2~ FF C. N~ ag~ a ~ BI~ im~l~ ~ 65 5,2~ FF d N~ s~ ~ V~R ~ R~ ~t~ ~ 65 5.2~ FF 6.03 ~al PI~ 10.4~ a ~ ~g~ a ~'s W~ Im~i~ 40 65 2.~ FF C ~ Ug~ ~ ~ BI~ ;m~l~ 40 65 2.~ FF Sub-To~l ~ask 6.00 624 41,712 41.712 35F TASK ?.00 - SIGNING AND MARKING PLANS I ask I ask Man AVl (..; alc Prop Fee # Des, cnp1,on Hours R~e Foe Fee T}/pe 7.00 Sign~n~ and MarYJr~l Plans 240 75 1U,CO0 18.009, FF - Sub-Total Task 7.00 t 240 18 (~'xq 18.000 TASK 8.00 · STREET LIGHTING PLANS .~~_ rask Man AV~ # I F,~.'.'.'.'.'.'.'.'.'~n p h on Hours 8.00 SIr~4 I ~hh~ PI~ 35 Sub-To~l Task 8.00 35 3, q~' 3,1~ TASK 9,00 - PERMITS I ask T ar.,X Man Av~:j Calc P fop Foe # D~..sCnphon Hours Rate Foe Fee TyFx~ 9.01 Indlal ~t~ w~m P~rnm,'~ ~J~ I0i 80 I~,00 ~ FF 9.02 Penm~t .Apphcahons 40 75 3.(X)O 3,000 FF 9.03 Pen'mt Re~s~ons 40 75 3,(X)O 3,000 T&M 9.04 W~ldhfatEnda'x:j~ed Sj:)eoes Issues 100 84 8,400 8.400 T&M lSub-Total Task 9.00 90 15,20C 15,200 TASK 10.00 - FINAL CONTRACT DOCUMENTS (100% PLANS) T ask T .'~k Man Av~, galc Prop F # ~pt,on Hours Ra~e Fee Fee T,~3e 10.01 F~nal Plans 160 70 11,;~00 11,200 FF 10.02 Final (~3cumenl$ 160 70 11.200 11.200 FF Sub-Total Task t0.00 320 22,400 22,400 TASK 11.00 · ADVISORY SERVICES Task Task Man Avl Calc Prop Fee # DescnDhon Hours Rate Fee Fee Type 11.01 Six (,6) Sels Brad & Contract Documents 8 65 520 520 T&M 11.02 Issue Complete C_.(nlracl Doa.~ents 16 65 1,040 1.040 T&M 11.03 .Assist Cou~ w~th Pre.-B~d C.,<:nf~ence 20 80 I,(')00 1,600 T&M 11.04 Respo'~ Io Bidders In~uines 40 75 3,000 3,000 T&M 11.05 Pre~oare Addonda a'x:l Issue 40 75 3,000 3,000 T&M 11.06 A. sSisl Count~ w/Bmcls and Award Contracl 20 80 1,600 1,600 T&M 11.07 AMend Pre-Construchon C(:nference 12 80 ~ 9(')0 T&M Sub.Total Task 11.00 156 11,720 11,720 TASK 12.00 - POST DESIGN SERVICES T ask Task Man Avl Calc Prop Fee ti Description Hours Rate Fee Fee Tvoe 12.01 FDEP Uhld7 Man E.xlons~on Permits 30 75 2,250 2.250 FF 12.02 S~te Visits 416 70 29.'120 29,120 T&M 12.03 Sho~ Dr'avon,s 50 70 3,500 3,500 FF~ 12.04 Clarifications 100 80 8,000 8,0(X) FF 12.05 Final Inspection 70 80 5,600 5.6(X) FF 12.06 Pen'nit Certdications 50 70 3,500 3,500 FF 12.07 Recon:l Drawings 100 70 7:000 7,0(X) FF Sub-Total Task 12.00 8'16 58,970 58,970 38G TASK 13.00 - REIMBURSABLES Task Task Man Avg CBc Pr(~o Fee ~-' Description Hours Ra~e Fee Fee Type 13.01 24"X36" County Review Se~s (~ 30. 60 90, & 100% 2 S~s (~ 100 she~s {,;lv~) - blue 800 1 50 '{.200 1.200 T&M I sots (~ 100 shee~s (,a'~) - m~a~ 400 5 00 2,000 2.000 T&M 13.02 UhhtTCo,~pa,~ Re~ewSe{s. 4 se<$ ~305heel$ 120 1,50 180 1P, O ,, '~&M ,,, 13.04 SFWMO review s~s. 14 sc-~$ (~ 30 sheets 420 1,50 630 630 T&M__' 13.05 R~<'jht-of.wa7 Maps P,~ue 2.25 1.,50 3~ 3381 T&M M~ar; 45 500 _ 725 225 T&M 1'3.05 MIsc, Co~es. 0efivenes. and other expensos 1.000.00 1,000 1.0(XJ Sub-Total Task 12.00 5.573 5.573j GRAND TOTAL SeC't ~on Mar~ Av~l Calc Fee # C)escnption Hours Rate Fee T713e 2.00 Basic Design Se~cee (Tasks 1 00 - 10.00) 4.998 76 380.228 3.00 Basic Design Sen~ces (Task 11 00,) 156 75 11.720 4.00 Basic Design Sen~ces (Task 1200} 816~ 72 58.970 Reimbursables 5.573 GRAND TOTAL 5,970 456,491 456,491 38H SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE See the employee hourly rate schedules for each consultant/sub.consultant on the following pages: Agnoli, Barber and Brundage, Inc. Johnson Engineering, Inc. Law Engineering and Environmental Services, Inc. Tindale-Oliver and Associates, Inc. page 39A page 39B pages 39C and 39D page 39E -39- F~.rJH : f'.,?,,,'.r~r~zc [fix ','(';Il H ['Iii'Il'Il H(I. : '141%f ,~ ,; '; '11. ~ H,I.t. 17 1999 11:O51~['1 P2 I.;I'FF, CTIVE APRIl. 14, 1999 p,c:;tstcrt, d l'.,ngm¢cr/Pr mcipai Sr Rcats~crcd En?,inc,:~ R¢~,stcrcd Engineer .gr. De~Bn Enginc~ l)csJan Engineer Per:n, Coordinator CA DI) CADD [g~nnet l'la~ntt~g Director Adm~nis~hvc Plan,er Ccmficd Pl~ner Al(H) Project Pl~ncr/Urb~ Prolec~ M~ager Project Manager ([' I..S. ) Pro,cc: Manager (P E ) Sc. Prolcct Manager (P.E St. Relp~tcred Surveyor Reg:stcred Surveyor Technician [ 'technician Tcchmcian 1V Two Man Survey ('r~w Three Man Survey Four Man Survey FNc Man %urvcy Cre~ Cunuollcr Design Courier Ctcrical 1 ( lcrical Il Bookkeeper Blucpnmi 24 x 36 [tl,acpr,tts 36 x 48 M~lal Scpm 24 x 36 Myl~ ~i)ta 36 X4R Copras ~-1~2 Copies g- I ?~ ('op~cS 11 X Atrial TarBct Aerial Target I 2' Ground Ac~ ud 'I'ar~ct 12' Road M ~-Wheel Mdeage Registered Engineer/Expert Witncis Ce~ifi~ Pl~nera~xpea Witness Registered Su~cyor/Expcn Wmm~s M~ager/Ex~ Wttncss I~c Cxmnty. 162~ I h'n,I, y %, , t.hc lfll, F-rt Mvt',~, Fh)rkl.~ 33001 39A $130.00 llr. $10fi 00 Ih $ $g.00 tlr $ Fl.(lO Ilr. S 66 O0 Hr. ~ 42.00 lit $ '/.),.00 lit S 70 O0 Hr. S 70.00 llr. SI 15.00 Sl I $.00 S 88 00 fir. $ 7200 ~tr. $ 8t.00 Itr. S I05 ~0 ttr. S Il0.00 lit S l I '~.00 Hr. $ lOS O0 tlr. $ 77 O0 tit. S 50.00 }Ir g 55 ¢)0 Ilr. S 66.00 Ih. S 72 OO lit. S 88 00 Itr. S 99.00 ih. SI 10.00 I-Ir. SI21.00 ~lr. S~00 O0 llr. S 72 O0 Ilr. $ 50.00 [Ir $ 40.00 tlr. $ 72 O0 llr. S 40.00 lit S 41) 00 }Ir. $ s~.O0 Fir. S 1 90 ['.a. $ 2 50 [:.~. S I $ 00 F.a. S 70 OD S.{lb l-;a. 0'/ J:.;t. $ 10 F.a. S 7.00 Ea $ 14 00 Ea. $ 21 OOt:.a. s 31 Mi. S .50 Mi $27.0.00 lit S220.00 H,'. $220.00 1 Ir. S220 O0 tlr. (9415 bgT..4l I I FAX ~941)334 I1'?.1 FAX. (.¢)41) A.:t.1 1173 F'tiIJi'ff:. F~'].: O.'ll%f,(~:..';?O:J JOHNSON ENGINEERING, INC. RA'r I.: S¢*11EDtJI.E F, ffretive JMy I. 19~8 39B 999 11: 06,clh P3 92 O0 ~0 O0 ':0 O0 58 O0 /o flO 4~ O~ 50 O0 44.~0 ~9.00 31.00 9700 ~ZO0 3g 00 o5.OO 58.O0 50 O0 ,I,1 O0 t9 OO t I O0 85 O0 96 O0 . Q6.00 tO200 ~ O0 62 Oo 47 O0 95.00 73 OO 68 00 55 O0 a5 O0 14400 0 '~ oo Ih.r Hour [)t'r Per i)o! Per 1 Pc~ Pc~ Hour Per Ih)ur Per Hour Per [{our Per )lc)u; Per tiour Pen J Io~r Pc:r I Per l l)cr l tour Per t Pc~ tlour Pc[ Hour P~ I [oor Pc~ Hour Per Per It(mr P~ I lout ['c~ Hou~ Pel ~ lout Pcr IJour I)ROI.'E.¥.~;IO,¥A£ SAR 17( !:nginex': VI I';ngmc~ V Engin~r tli Fngme~ I1 t:ng,nc~ t tmR,nee~ :n): 'I ec nnic~an f.ng:n~t:n~: I~n,c:an St, vcyor and Mapper S,arveyo~ a=d S~rveyo: a::d Nl::~'e~)r al:d Map~'r Su:*cv 'I~h:nc:an ~rvey T~hmc:~ S~t'y Tcchmc:an ~V Su: ~ cy T(~hnlc~: I Two M~ F~elg 'l]~cc Man F,e'.d Pa::y }:,ut M2n Field Pmje:t D:1cc~o: Plann~ Project Se~ccs IV I~olect ~erv~cca I11 I~}~l Servt~s 11 Proj~I ~n rice's l Ecologiat V Lcologt~i IV Eco!og~sl III Ecolog:~: 1 ('..I Df) .V ('ompu~c~ Terminal Ploncr Terminal Total Stat.m Terminal PR/fi' I~ M.4 TERL4 L~ .4L[. ()TIlER .¥~;~ $1 s s s S $ S S S S S S S $ S S S S S S S $ $ S S S $ S S S S S ENGINEERS. SURVEYORS AND ECOLOGISTS I.AW ENGINEERING AND ENVIRONMENTAL SERVICES. INC. 1999 Schedule of Fees [. PeFsoIHIel Charges will he made at the following rates for time spent in project rnanagen~ent, ccmsuhatic, n or nl~:etings related to the project, conducting field inspections, sampling, evaluations, review and analysis of field and laboratory data. report preparation and review, design, travel time. etc. Time spend on projects in litigation, in depositions and providing expert testimony will be charg~:d at tile standard rate time 1.5. Technician and Support Personnel tittle for work over 8 hours per da,,' and on holidays. Saturday and Sunday will be charged at the standard rate time 1.5. A. Engineering/Science Technician 1 /Engineering. Asbestos. Environmental. Laboratory, Roofing, Metals) R~le Per Flour Associate Tezhnician Project Technician Senior Technician ASNT Level l ..\SNT l. evel II (AWS/CWI~ ASNT Level Ill APl Certified Technician APl Field Service Supervisor B. Professional Staff- Architect. Engineer, Geologist. Scientist Project - Architect. Engineer. Geologist. Scientist. Project Manager Senior - Architect. Engineer. Geologist. Scientist, Project Manager Principal - Architect, Engineer, Geologist, Scientist, Project Manager Chief Engineer C. Support Personnel Word Processor Administrative Assistance CADD Operator Drafter Technical Writer 34.00 46.00 50.00 36.00 46.00 60.00 50.00 60.00 69.00 8.-'1.00 100.00 115.00 125.00 38.00 49.00 -~0.00 48.00 79.00 q,XIFEESD. DOC 39C II. l)rilling Soil Test Borings. 0 to 25 feet. per foot. includes grouting Stol Test Borings. 25 to 50 feet. per foot. includes grouting Soil Test Borings, 51') to 75 feet. per foot, includes grouting Casing. to maintain circulation of drilling fluids, per foot Minimum charge per soil boring Nh~bilization. truck-mounted drill rig, each .Mobilization, all terrain mounted drill rig, each Stand hv or difficult moving time. per hour 5, 10.00 10.50 11.25 4.75 50.00 250.00 45O.00 150.00 · ,,',,~:ur~so. t~oc 39D TINDALE-OLIVER AND ASSOCIATES. INC. WAGE AND SALARY RATES LIVINGSTON ROAD DESIGN STUDY HOURLY RATES FOR CO,",,TINGENCY WORK BY JOB CLASSIFICATION i Pri~:CiD,31 r~r,:.,'ect__.,_ Manaeer ' Chef Tra'~spcrt.___ati_on En~tneer/;lan-~er Ser'.tor Transpor[atlon En..3.31neer/Planner .En!;ineer,'Planner __[ S24.12 ! S69.70;I iSen. ior.Pla",ning Tech~GIS Ana'~st I $17 061 S49 28 ' iE~iineer,r.~lPla_nning Techn clan S12.42; $35 8.7I ' A.'lrn'rlC~ericol ............ .~ ......... $__1.~1...1.9, $32 33jJ 1 S~even A. T,,nda e. P 5 Oliver ,= --.. PTO=_ P,cjec! Managers. Rct:er: P. Wa~ace, P 5. Chief T'arsporta:i=n Engineer;Planr"..'s: B;ll Ball, AICP DC, u.c Coxon SenJor [rGr. sportati.3n Planne's' w. rF.. RD I AICP Ma.soud E ngmeer!Planner: C,~ Roark. EIT D~ug 7_.ara~7=za 1999 Staff C:asstficabon Senior Planmn2 Tech/GIS Wally 9lain Mke Raysor Flanning/Engir. eering Techn:ci~,ns' Conrad Campbell Peter Maas Jackie Vaiiejo Brian Becker Lexa Palaoo Cha-les Hubbard Adm~n/Clerical: Hope Tomaseili Tammy Cordero L~nda T,ndale Penny Oliver 05'07/99 39E SCHEDULE C PROJECT SCHEDULE The following project schedule is included to serve as the baseline schedule for meeting milestone dates as identified in Section A.3. As stated in Section A.3.1. the CONSULTANT is responsible for providing a detailed project schedule and updating it on a monthly basis. -40- ~! ,~l ~t ,~l _l -I - _l _l _l ..I I '~ ~ =' ~.'a' ~' ~' ~ ~ ~ ~ ~ ~. ~ ~ ..... ~ .... ~ SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Cedificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under, the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. -41- (7) Contractor/Consultant/Professional shall require each of its subcon[factors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the ContractoflConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to. purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: -42- a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate S1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ('check one) Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X Yes No .43- 1 (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual [.iabilit¥ for this ^§reement, Independent Contractors, Broad Form Property Dama§o including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coYerage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. limits of liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 S300,000 S300,000 S300,000 S 5O,OOO General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 S500,000 S 5O,OOO X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,ooo,ooo Sl,OOO,OOO $1,ooo,ooo $1,OOO,OOO $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." -44- (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shaI~ be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) X Applicable __ Not Applicable (CONSULTANT shall provide COUNTY with acceptable insurance certificate(s) from aerial sub- consultant once the aerial sub-consultant is selected.) PROPERTY INSURANCE -BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) -45- __ Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such properly insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum -46- of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also podions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) -4'/- All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of S Flood Policy - S1,000 maximum deductible Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one). X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - S 500,000 Bodily Injury & Property Damage - S1.000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. -48- (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) X $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate S2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULE D. -49- SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Agnoli, Barber and Brundage, Inc. hereby certifies that wages, rates and other factual unit costs suppoding the compensation, for the professional engineering design and environmental permitting services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Livingston Road (G.G. Parkway to Pine Ridge Road - County Project No. 60071 and Pine Ridge Road to Vanderbilt Beach Road - County Project 62071) are accurate, complete and current as of the time of contracting. AGNOLI, BARBER AND BRUNDAGE. INC. BY: Daniel W. Brundage, P.E. President Revised: JUNE 3, 1997 AC .50- NORTH COUNTY REGIONAL WAS'TEWATER TREATMENT PLANT 5 MGD EXPANSION AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 5 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this ~ day of. ~ , 19~,.3 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WlTNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties 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 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Schedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) Attest as to Chairman's signature on1]. By: D~ight E. Br(~ck, i~l~rk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING B~3AR~E COLLIER COUNTY ~,!~S,,EWE R DISTRICT , By: "~Y;'. ' Assistant County Attorney Witness Hazen & §awyer, P.C. a~__~(~s~- Pi~,~i~e P res id ent COLLIER COUNTY PUBLIC WORKS NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CONTRACT AGREEMENT CONTRACT AMENDMENT NO. 5 SCHEDULE A - SCOPE OF SERVICES The Scope of Services as provided in the Professional Services Contract Agreement dated May 14, 1996 shall be amended as follows' The current Contract Documents include plans and specifications to replace the ex~shng chlorine gas system with an On-Site Hypochlorite Generation System and a Sodium Hypochlorite Solution Storage/Feed Facihty The Sodium Hypochlonte Solubon Storage/Feed Facility is designed to accommodate the generated solution at a concentration of 0 6 to 0 8 percent. The Contract Documents shall be modified to include base b~d and additive bid alternate designs for the new hypochlorite system Base bid documents shall be revised to modify the Hypochlorite Storage Feed System In heu of generated 0.6 to 0 8 percent solubon, the storage/feed system shall be modified to accommodate a 10 to 12 percent hypochlorite solution purchased in bulk quantities by the County. The existing Contract Documents shall be revised and/or expanded to include the On-S,te Generation System as an additive alternate bid item. 5 A detailed description of the proposed modifications and additIons to the Contract Documents are included in the attached meeting minutes, referenced as Schedule A, Attachment A These Service's described above in Schedule A shall be provided ~n accordance w~th the Professional Services Contract Agreement dated May 14. 1996. All other requirements of the original Contract Agreement shall remain as-is except as amended 4243C033 03-10-99 COLLIER COUNTY PUBLIC WORKS NORTH REGIONAL WWTF5.MGD EXPANSION CONTRACTAMENDMENTNO. 5 SCHEDULE A-ATTACHMENTA MEETING MINUTES Date of Minutes: Date of Meeting; Location: Attendees. February 1, 1999 January 22, 1999 Collier County Public Works County Pete Schalt Karl Boyer Dennis Barnard · Dale Waller HMA Bob Burbrink Distribution: Attendees Kurt Pfeifer Don Williams Kris Jain Albert Muniz Gary Bors File 4243 - 3.3.2 The primary purpose of the meeting was to discuss the sodium hypochlorite (bleach) generation system. Other items were discussed that will impact the project Sodium Hypochlorite Generation System It was decided to change the Drawings and Specifications for the NCRWRF 5-MGD Expansion to eliminate the sodium hypochlorite (bleach) generation system. There will be no alternative, either additive or deductive, for the bleach generation system. Drawings and Specifications are to be revised before being issued to plan rooms, bidders, and others. The bid opening will be delayed. A proposal for the additional work, including cost and time, shall be submitted to County PWED. The revised date for bid opening will depend upon the time required to prepare revised Drawings and Specifications. There was no agreement or directive relative to the time required to prepare revised Drawings and Specifications. The County recognized that the delay could not be determined until after the engineering proposal Boca: 4245MO06 Contract Amendment No. 5 Scl]edule A - Attachment A Meeting Minutes February 1, 1999 Page 2 of 4 is submitted and accepted. In general terms it was agreed that the time delay would be 3 to 5 weeks following the County's approval of the engineering proposal. Collier County Purchasing Department will send out a notification that the bid opening will be delayed, HMA will return checks for Drawings and Specifications that have been received, or will receive before everyone is aware of the delay. Copies of the letters returning the checks will be forwarded to Hazen and Sawyer. The elimination of the sodium hypochlorite (bleach) generation system results in the following changes to the project; as described in Items 6 through 15 below: Structural changes to the existing Chlorine Building will be deleted from the project The existing chlorination equipment will be removed from the Chlorine Building No provisions will be made in the Chlorine Building for future sodium hypochlorite generators or any other future use of the building The new electrical service and other electncal work for the sodium hypochlonte (b!each) generation system will be deleted from the project. (There was no discussion regarding the relocation of the generator from the Reuse Water Pump Station to the "Old" Electrical Building, which is included in the Contract with Milmir Construction for the Modifications to the Reuse Water Pump Station) The brine tank at the existing alum feed facility will be eliminated. Yard piping changes relative to the sodium hypochlorite (bleach) generation system will be deleted The fuel piping from the existing fuel tank to the relocated generator will be deleted. Instrumentation for the sodium hypochlorite (bleach) generation system will be deleted. The elimination of the sodium hypochlorite (bleach) generation system will impact the Sodium Hypochlorite Solution Feed Facility. The Sodium Hypochlorite Solution Feed Facility will be changed to feed commercial strength sodium hypochlorite with provisions to be converted to feed on-site generated sodium hypochlorite in the future. Changes to the Sodium Hypochlorite Solution Feed Facility include the following: Provide "smaller" NaOCI Pumps. (The pumps will still be penstalt~c pumps but will be smaller). Delete the NaOCI storage tank blowers, air piping, and airflow switches. (Connections for future air supply will be provided on the NaOCI storage tanks. Blind flanges will be installed on the connections.) Delete the switch modules from the visual level indicators on the NaOCI storage tanks. Boca 4245M006 DOC6 Contract Amendment No. 5 Schedule A - Attachment A Meeting Minutes FeDruary 1, 1999 Page 3 of 4 16B7 Delete the plant service water connection, including the magnetic flow meter, to the NaOCI return line to the NaOCI storage tanks. e. Delete the magnetic flow meters on the NaOCI pump discharge piping Revise the suction and discharge piping for each NaOCI pump based on the "smaller" pumps. Revise the NaOCl supply piping to prowde a capped connection for a future generation system. 10 The NaOCI storage tanks will not be changed 11. The structure for the Sodium Hypochlonte Solution Feed Facility will not change. The NaOCI pump bases will change, and the bases for the NaOCI storage tank blowers will be eliminated 12. The electrical work and controls for the Sodium Hypochlorite Solution Feed Facility will be impacted by the above changes. 13. Yard piping relative to the Sodium Hypochlorite Solution Feed Facility will not change. 14. The change from on-site generated sodium hypochlorite to commercial sodium hypochlorite will impact the odor control systems. As we discussed. ~t is intended that the basic concept and arrangement for pumping sodium hypochlorite from the Sodium Hypochlorite Solution Feed Facility to the odor control systems will not change 15. There will be significant changes to the specifications resulting from the elimination of the sodium hypochlorite (bleach) generators including the following: Bid Proposal Summary of Work (including work sequence) Sodium Hypochlorite Generation System (delete Section) Peristaltic Sealless Hose Pumps (Manufacture for "smaller" NaOC1 pumps will be different from manufacturer for belt press feed pumps. Only the belt press feed pumps will be single source. Therefore, two Sections for peristaltic sealless will be required, and the proposal from TSC will have to be revised.) Glass-Fiber-Reinforce Thermoset Resin Chemical-Resistant Tank (revise to include visual level indicators without switch modules) Fuel Piping (delete Section) Electrical Specifications Instrumentation Specifications Boca: 4245M006. DOC6 m.H REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into Ihis -_~_~day of,,~ by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOV~_RNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as SELLER, and EMILIO VELAZQUEZ, a married man and PABLO VELAZQUEZ, a single man, whose mailing address is 17018 Blue Heron Drive, Naples. Florida 34114, hereinafler referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property described in Exhibit "A", altached herelo and made a part hereof, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, il is agreed by and belween Ihe padies as follows: 1. The real property which is the subjecl of this Agreement is legally described in Exhibit "A", (hereinafter "Properly"). SELLER agrees to sell and convey Ihe Property to BUYER, and BUYER agrees to purchase the Property from SELLER, at the price and upon the other terms and conditions hereinafter set fodh: 3. ILT_LE Title to the Premises shall be conveyed Io BUYER by Stalutory Deed. ~E The Purchase Price ("Purchase Price") for the Premises shall be TEN THOUSAND ($10,000) DOLLARS, (U.S. Currency), payable by BUYER lo SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as an earnest money deposit ("Deposil") the sum of ONE THOUSAND ($1,000) DOLLARS, in cash or cedified check, representing ten percent, (10%), of the Purchase Price. B. The balance, after credit for the Deposit, shall be paid by BUYER to SELLER in cash or certified check at closing. 5. A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and olher inquiries and Investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that they hereby waive, release( and discharge any claim that they have, might have had, or may have against the SELLER with respect to the condition of the Premises. D. Buyer represents and warrants that they have the power and authority to execute, deliver and perform this Agreement. 16B ? 6. PRORATIONS AND ADJUSTMENT,~ A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustmenls as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnity and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent lhat, credit has been given to BUYER at the time of closing. 7. DEFAULT: TERMINATION A. If BUYER defaults, SELLER's sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER and neither party shall have any further liability or oblig]ation to the other. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after written notice of such default Io SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Deposit shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees), including, without limitation, recording fees, conveyance fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 9. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemni~ and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder o¢"intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 10..QL._Q S I N G Closing shall take place during normal business hours at the Real Property Management Department, Collier County Courthouse, 3301 East Tamlaml Trail, Naples, Flodda, 34112 or such other location as SELLER may select, within sixty (60) days after execution of the Real Estate Sales Agreement between BUYER and SELLER. 11. ~RAL PROVISIONS A. This wdtten Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pdor or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. .68 9 valid unless in writing signed by both padies. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. 'lime is of the essence of this Agreement, In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed 1o refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to lhe exlent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall Inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consenl may be withheld for any reason whatsoever. H. Any and all notices permilted or required 1o be given hereunder shall be in writing to the padies at the addresses set forth on page 1 and shall be either personally delivered to the pady or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary pady to whom it is to be sent. I. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the padies, and all of which shall be construed together as but a single instrument. K. In the event of the institution of legal proceedings in connection with the enforcement of lhis Agreement, Ihe pady prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable altorneys' fees. L. Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar imporl as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. N, This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreemenl. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If So recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Deposit shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. '[6E 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATrEST:u DW1G~T E. BR'O.,,C. K, Clerk ;~'z ~/'~' ~r'~u~ e P u I ~ ~lerk- Att~'st, i sSg~ature THE BOARD OF COUNTY COMMISSIONER§, COLLIER COUNTY, FLORIDA AS THE ............ " ...... . GOVERNING BODY OF COLLIER C0'UNTY, ' ' AND AS EX-OFFICIO THE GOVERNING BOARD ' "'. OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA BY: _ ,%,,~' , .: PAMELA S. MAC'KIE, C'HAi'RWOMAN '" ............. AS TO BUY, ER: DATE:_ ~ !,~ WITNESSES: ~/ I Signatuf'e) / f~_rintedIN~me) / (Signa%re) 'Prinled Name) ..(~ignat~r~) (printed Name) Emilio Velazquez Pablo Velazquez Approved as to form and legal sufficiency: H(~idi F ."'A~h t dn ' Assistant County Attorney DEPOSIT RECEIPT 168 9 I, the underslgnedj~.do hereby acknowledge receipt of a total of One Thousand ($1,000) Dollars, on this t3 day of ~ .... .... "- ~-' ~__'-'[[[(~,. ~ · ~__2~ mr the purchase of Lot 8 and ½ of 9 located in the'B ue Heron Lake Park, and unrecorded plat. P~c~a"rEPilL I 0 VEL ~Z,."LIE Z Pay to me order o~ _ ~Y THE ~I~AH' "'[ooNq [,' ~:[OaOO]q[B~: g8000[][[~;47],,, Exhibit "A" A Parcel within Section 20, Township 51 South, Range 27 East, Collier County, Florida, Property Folio No. 00765920001, the East ¼ ofLo! 9 and all of Lot 8, Blue Heron Lake Park, an unrecorded plat, described as follows: Beginning at the ~A section comer of Sections 17 and 20, Township 51 South, Range 27 East, mn S. 0° 01' 20" W. 1186.21 feet, then N. 89° 27' 40" W. 1113.42 feet to an iron pin, which is thc point of beginning, then N. 89° 27' 40" W. 90.0 feet, then S. 0° 05' 00" W. 135.0 feet to an iron pin, then S. 89° 27' 40" E. 90.0 feet, then N. 0" 05' 00" E. 135.0 feet to the point of beginning and being more particularly described in OR Book 744, Page 739 of the Official Records of Collicr County, Florida, and in accordance with the Last Will and Testament recorded in OR Book 1223, Page 1147 of the Official Records of Collier County, Florida; Less and Except the properly dcscribed in OR Book 986, Page 1051 of the Official Records of Collier County, Florida. PROJECT: Blue Heron PARCEL: Lot6&Y=of9 FOLIO: 00765920001 9 STATUTORY DEED THIS DEED, made this ~'~; day of ~ ,19 ~, by THE BOARD OF COUNTY COMMISSIONERS OF COL~'IER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to EMILIO VELAZQUEZ, a marded man and PABLO VELAZQUEZ, a single man, (hereinafter called the Grantee) whose address is 17018 Blue Heron Drive, Naples, Florida 34114. (Whenever used herein the terms "Grantor" and "Grantee" Include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the following described land lying and being in Collier County, Florida: A Parcel within Section 20, Township 51 South, Range 27 East, Collier County, Florida, Properly Folio No. 00765920001, the East ~ of Lot 9 and all of Lot 8, Blue Heron Lake Park, an unrecorded plat, described as follows: Beginning at the ¼ Section comer of Sections 17 and 20, Township 51 South, Range 27 East, run S. 0° 01' 20" W. 1186.21 feet, then N. 89° 27' 40" W. 1113.42 feet to an iron pin, which is the point of beginning, then N. 89° 27' 40' W. 90.0 feet, then S. 0° 05' 00" W. 135.0 feet to an iron pin, then S. 89° 27' 40" E. 90.0 feet, then N. 0° 05' 00" E. 135.0 feet to the point of beginning and being more particularly described in OR Book 744, Page 739 of the Official Records of Collier County, Flodda, and in accordance with the Last Will and Testament recorded in OR Book 1223, Page 1147 of the Official Records of Collier County, Florida; Less and Except the property described in OR Book 986, Page 1051 of the Official Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. A'[-~I'EST: . ~ .. ~,,; DWIGHT E. BRO .(~,,'Clerk £z~./~ ~,ffAIS~ Deputy Cler' ' k Attest as to Chil~'s sl~ature ~1;. BY: Pnepared b.v: IloidI r. Ashton, Esquire THE BOARD OF COUNTY COMM. IS'SIONER~',,,;; COLLIER COUNTY, FLORIDA ~.THE ~'". GOVERNING BODY OF COLLIER COUNTY,->. ,, ~. AND AS EX-OFFICIO THE GOVERNING BOARD'. OF THE COLLIER COUNTY WATER-SEWER '..' DISTR~T OF COLLIER COU, NTY~.FLORID,~. "- . ,i.~.... ~ .:-."....? 3~;t ~t rc~$J~t Trail NA~Ies, Florida 341]~ [941) 774-8400 PROJECT: Radio Road FOLIO: 00399320006 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between OWEN M. WARD, Individually and as Trustee, (hereinafter referred to as "Owner'), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate In that land described In Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser by Special Warranty Deed for the sum of $336,000 (Three Hundred and Thirty Six Thousand Dollars and no/100) payable by County Warrant (said transaction hereinafter referred to as the "Closing"). 2, Prior to Closing, Owner shall obtain releases from any lien holders on the Property and Owner shall provide such instruments, propedy executed, to Purchaser on or before the date of Closing and Owner shall not take any action to cause encumbrances on the Property. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding ol~ the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County. Flodda and closing shall occur no later than June 17, 1999. 6. "Owner represents that it has no actual knowledge of hazardous substances being generated, stored, treated, or transferred on the property except as specifically disclosed to the Purchaser; that the owner has no actual knowledge of any spill or any environmental law violation on any property contiguous to or in the vicinity of the Property, that the Owner has not received notice and otherwise has no actual knowledge of: a) any spill on the Property; b) any existing or threatened environmental lien against the property; c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of any hazardous substances on the Property. This provision shall survive dosing and is not deemed satisfied by conveyance of title. Purchase Agreement Page 2 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in coud, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. Purchaser shall pay for attorney's fees in the amount of $7,096.00 in accordance with Section 73.092, Florida Statutes, and reasonable fees incurred by the Owner to obtain an appraisal and reasonable fees for other experts, including Planners. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from modgagee(s), and recording in lhe public records of Collier County, Florida, such full or padial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant 1o Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions oir Chapter 286, Florida Statutes.) 11. Subject to the Collier County Access Management Policy, subject to requirements in the Collier County Land Development Code, and subject to Collier County's right to open and close access in the exercise of its police power, Purchaser agrees to allow Owner access to the proposed median opening immediately northwest of proposed junction at Radio Road and S.R. 84 as shown in the Radio Road construction plans designed by Agnoli, Barber, & Brundage, Inc. Moreover, Purchaser shall cooperate to the extent practical with the Owner's effort to obtain access to the Owner's Remainder Property to S.R. 84. 12. Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement 16 ].1 Page 3 IN Wit.NESS WHEREOF, the parties hereto have executed this Agreement on this ,~'/~;~ day of ~ ,19,~ . Date Property acquisition approved by BCC: AS TO PURCHASER: ATTEST: '~ '" DWIGHT E, BROCK, Cl~rk Attest as to: Chalra~'$ signature on}~, AS TO OWNER: DATED: Witness (Signature) Name: (Print or Typ~ V~ness (Signature) Name: RACHELC. FRISHE (Print or Type) BOARD ~::~-~-~ MIS SIC NE RS BY: //'~..~/~ .~' ~~ OWEN M~. ~--AAS."I n divid u al~ Trustee Approved as to form and legal~ sufficiency: Heidi F. Ashton Assistant County Attorney EXHIBIT "A" PRO.~CT:pARC~U ~0., ~0.~, Fo t ~u SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST COLLIER COUNT% FLORIDA LAND DESCRIPTION A PARCEL O~ LAND L~N~ IN S~C~ON 3, TOrch, SHIP 50 ~OU~, RAN~ 26 fA~T. COLL~/~ COUNTY, FLORIDA, SAID PARCEL Of LAND ~EIHG ~ORf PARTICULARLY D~SCRI~fD AS ~AST ALONC ~ NO~FILY L~N~ Of ~ NOR~T OUART~R (N~/4) OF SAIO $~C~ON 3 FOR A DISTANCf OF 821.22 Ff~T: THfNCf [~A~NO SAID NOR~RLY LINE 00'06'48' fAST ~0~ A OISTANC~ OF 50.00 [f~T TO AN INTfRSfCDON ~ ~ SOU~E~LY ~ICHT-Of-wxY L~ O~ RAOIO ROAD (C.R. 856), ~ POINT O~ O~ ~ H~REIN O~$CRIBfD PARCEL Of LAND; ~NCf NORTH 89'53'12' fAST ALONG. SAID SOU~LY ~ICHT-OF-WAy LINf [0~ DISTANCE OF 434.95 [EFT: ~fNCf LfA~NO SAID SOU~EFILY LIN~ SOU~ 00'06'48' ~AST FO~ A DISTANCE 5~.~4 F[ET TO A POINT Of INTfRSfC~ON ~ A NON-TANGeNT CUR~ [RO~ ~ICH THE RADIU~ POINT 8fARS 50U~ 3~'33'06' ~ST; ~fNC~ SOU~fA~LY ALONG SAID CUFl~. CONCA~ ~OU~$~LY, HAWNG A Of 1079.64 [~fT, A CfN~AL AN~Lf Of 04~5'32' [0~ AN ARC DISTANC~ Of 80.25 [~ET TO A POINT OF IN~RSfC~ON ~ A NON-TANGfNT LINf; ~ENC~ SOU~ 00~9'fl6' ~ST FOR A DISTANCE Or 223,77 FEET TO A POINT OF IN~RSEC~ON ~ A NON-TANGENT CUR~ FRO~ ~HICH THE RADIUS POINT BEARS SOu OF 914.64 FEET, A CENTRAL ANGLE OF 36'22'59' FOR AN ARC DISTANCE OF 580.80 FEET TO A POINT ~ IN~RSECTION ~ A NON-TANGENT LINE: ~ENCE NORTH O0'~O'll' EAST FOR A DISTANCE Of 42.~2 FEET TO ~f POINT BE GINtflNC; CONTAINING ~.58~ ACRES OF LAND, MORE OR LESS, SUBJECT TO EASEMENTS AND ~EST~iC~ONS OF RECORD. ~ ~ HOR~ST OUAR~R (NWt) ~ ~ ~ ~POIHT Or Or SECnOH 3-50-26 ~ ~ ~ gXlSnNO SOUm[RLY BEARINC, S HER£ON ARE BASED ON I'~E SOUTHERLY LINE' OF THE SOUTH~ST OUARTER ($w~) OF SECTION 36, TOnE, SHIP 49 SoUT~f, RANG~ 2.~ EAST BEARING SOU~ ~9'56'28' EAST (ASSU~ED). SKETCH AND DESCRIPTION NOT A SURVEY ~ ~ BY P,L.S. I 2474 DA TE: ~ FILE HO:~ ACAD NO:~ RESOLUTION NO. 9%257 / A RESOI.UTION SUPERSEDING RESOLUTION NO. 99-230. }-.//STABLiSi-ilNG TtlE COLLIER COUNTY COMMUNITY IlEALTII CARE REVIF~ COMMITTEE FOR TIlE PURPOSE OF: REVIEWING EXISTING IIEALTlle CARE SYSTEMS IN COLLIER COUNTY; DETI'.'RMINING IF ADEQUATE ACCESS AND IlEALT! l CARE IS AVAIL. ABLE 'FO ALI. OF Tile RESIDENTS OF COLLIER COUNTY; AND PROVIDING A REPORT AND RECOMMENDATIONS, AS APPROPRIATE, TO TI IE BOARD WI [EREAS, all hcahh care prov,dcd thwcrlv ro this community with thc exceptions of certain limited care provided m vc~' limm. d ~pula~io~s by ~he Collier Cduntv J lcabh l)epa~wn~ arc provided through private heahh cafe pr-v,dcrs, and WI {EREAS, there is tw~ ~,vcrs,ght of the many d,fferent health care systems to ensure that :dl of C;()llic. r C:r)unty's residents ha'ct, adt. qu,m., acc('~n to' affordable heahh care. ~nd WI IEREAS, die ]~ard of ('5,uutv t:omm~..s.~.ers o£ Collier CSmnrv during ~ts a~w~ttal sfralcgic planmng sessions disc.sst, d ami .l~{'t'd lo cc~nsldcr impaneling a co~mitlt, t. rcpresenhng NOW TIIEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUN'IW COM/~41SSIONI':RS OF COLLIER COUNTY FLORIDA, that: SECTION ONE. Creallou of the Ad lloc Collier County Community lleahh Care Commiltee. Ih~rsu:.w ro the provisu~ns of Collier County ()r¢linance No. 86-4 I, ~s amended, the l~ard of County Comm,ss,onc~ here ~5. crcaws fhe Collier'C,m,t~. C:ommuni~. I leahh Care C:ommirtt.e as a. ad-h(,c atlvis.n' commim, e fi,r a period r,f no~ ~o exceed .ne (1)'year from fhc dare of this Resolutum. ' SECTION TWO. Appointment of Membera and Failure to Attend Meetings. 'llw followi.g lnelrdx, rs ;ire hrreby ap~.ntcd to the Collier Count. I le:,lrh (;arc Provide.rs: Naples Communhy I h,sp,raJ (level:iud Clinic ~cighborhood I lea/th (:lime, h~c David l.awrcnce Ccnwr Iqorkh Nurses Assoccmon, l)isrricr 29 Retired [)hy~ic;a,~s ,,Xssocla.(m Collier I Ieahh Sen'ices. Inc. Community [x'adcrs: Collier Counw Medical Alliance Chamber (ff Cr)mmerce liconomic [)cvclopment (~OllllCl[ Collier Cou,uy Public Sc}u.~ls } leahh ami I h:m:m ~'n ~ccs Board fi~r l)cparmwnr of Children and Famdies lx'agq~e of W(,mcn Uotcrs City of Naples 3 C3fizens .'M I.:~rgc lqorld;i Gu}f C.;(sl Um~('rs.tv Represent;Lttvc of the Insurance IndtL~t~' 1 retook:Lice Representative Advisors: I Icalth Pl.mmug [:(/tJncll ofS(mthwrst I'hmda Collier CotlllfV } le.lhh Dcparunrn~ ] [ealflly Kitt~/))until 16C1 If an? member .f the (]oilier Count,.' I I¢:llll~ (]are Commmcc i~ ab~cnf from ~vo (~) or more dtc membership of II,t. (]J)lllllllltcR ~lld shall i.cl.de a (]l;iJn~;lll ;llld Vicc-(]l:linn~n, 'll~e prcscnc~ meeting, findings and dc~cnnm;mons ']}~c mcmJx'rs of thc Commi.ee shall scn'c without compcnsation, but rnav he rchnburscd t~r rowel, mdc;igc ;md/or pc~ diem expenses only ii SE~IONFOUR. Functions, Powers~ndDulie, oftheCollierCoun~Communilylle~hh Cgre Commltlee. shall be t~ examine IhL' cxis.ng hc;dth care syttem~ in place D~r all Collier Cnunty populations, ~)puJ~riofJ~, ~fld l~ Jt f~ (J('tl'~lfl~iJ lb.it tJl(.re I~ IfJ~Jl~{l(~J ;ICC~ J)r c~ret /Jl~ corllmJ/l?c SJl;IJl ir) the Board of County Cnmm~ssionc, rs ~Xhen I~king al pm~sml options for access or c;Ir('..nprovud .sc o1' uxistmg rcs~mrces sh;lJJ J~ ~he preferred option conskk'red. cor~irtcc ih:dj pay p;irhc. J.lr atto. il[loft to preventive and primaO. care sen'ices si.ce these offer the use of esis6ng he;ihh c:,rc fimdmg so.rce~, and/or private ~unding shall be considered before tax fimds of any sort. All m(.chn~ .f fl~c C.ll,cr C.unty Commu.try I h.alth (:arc (:ommittee shall l~ o~n to the public ~nd shall I~ ~m'cmcd by ~hc S.n~hmc 1;~w. All mee6nk~ sh~ll I~ held a(ter reasonable pubhc no"cc is provided ~ r() d~c lt.:it,on, ["nc ;imf sul)iccr re;ir[er of thc meetings. SE~ION FIVe. Rcsolulio. No. ~9-~0 Collier Coumv R(.~-hninn No, 9g-~]lt I~ hereby su~me(led and replaced by this Re~olullon, ;Idoprc(J this ~d;I)' of ~ , 1999 after motion, second Rc~oJullr)n :VI TI ':S*I': 1)\'(qGI IT IL. P,I~O(]K, CI Attest as to Chlir~::; signature on]jr. Approved as .) fi,nn and h'g;~l sufficlencv: ! [)avid C \\' e¼gcl ~../ Coullty !\ Itc,file].' 160 ,. 99- 258 A RI~SOIAJ'I'ION ()I: Tllli II().\RI) OF COtIN'I'Y COMM1SSIONF. RS ()F ('()I.I.II!R ('OI. INTY, FLORII)A AU'FIIORIZING 'FILE ISSU;\N(71i OF I'I{()MISSOP, Y NOTF, S OF TI IF, COUNTY IN TI IF...\G( ;RI.iG..VI'F. PRINCIPAL AMOUNT OF NOT 'FO F. XCF. F.D $1(').{)()fl.()00 T()t:[NANCE Till.; (7OST OF CAPITAL 1MPROVI-~,IENT I'ROJF. CTS APPROVEI) BY 'HIE BOARI): APPR()VIN(; Till:. I:OP, M OF AND AU'FIIORiY. ING TIlE F. XF.('[TFI()N OF TIlE NOTF. S AND OF A lA)AN AGREEMF. NT: PP, OVIDING TIlAT SUCll NOTES SHAIJ. NOT III.: GENF. RA[. ()BI. IGATI()NS OF THE COUNTY BUT SIIAI.L BI-; PAY:\Bt.[i ONI.Y FROM CERT,,\IN PARKS ANI') RECRF. ATIONAI. F:\('II.ITil-~S IMPACT FEES AND I.AWI:LII.I.Y .,\VAII.AIII.I.~ NON-AD V'AI.OREM RF~VENUI.:S OF THE COUNTY; PR()VII)IN(; I:OR Tll[.:. RI(lilTS. SECURITIES ANt) RfL'klF. DII.TS OF '['Ill.: OWNI.TRS OF StJCII NOTES: MAKING CI{I{TAIN COVENANTS AND AGREEMENTS IN CONNECTION TllEREWITII; AND PROVIDING AN F. FFF. CTIVF. I)ATI-~. BE IT RESOLVED BY 'Fill:. BOARI} OF ('Or tN'FY COMMISSIONF. RS OF COLI.IER COUNTY. FI,ORIDA. 'FIIAT: Section 1. Authority lbr this P, esolutitm. This Resolution is adopted pursuant to the provisions of Article VIII. Section I of thc Conqitutim~ ,f thc State of Florida. Chapter 125. Florida Statutes and other applicable prm'isions of law. Section 2. Definitions. Thc f, llowing words and phrases shall have the lbllmving meanings when used herein: "Act" means Article VIII, Section 1 of the ('onslitution of thc State of Florida, (?haptcr 125, Florida Statutes and other applicable provisions [~1' law. "Advance" means a borrowing of money lw Ibc Issuer from the Original Purchaser pursuant to thc Loan Agreement which shall be evidenced by a Note. "Applicable Rate" means (i) il' on the dine of issuance of the Note, thc Original Purchaser shall receive an opinion of Bond Cotmsel m thc effect that the Note is a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of thc Cudc, then (x) if thc Issuer si'mil have elected the Three Year Maturity Date. the Three Year BQ Rate or (y) it' the Issuer shall have elected the Five Year Maturity Date. the Five Year BQ Rate or (ii) otherwise (x) il' the lssuer shall have elected the Three Year Mvturity Date. the Three Year Non-BQ Rate. or (y) it' the Issuer shall have elected the Five Year Maturity Date. the Five Year Non-BQ Rate. "Bond Counsel" means an attorncy-at-l:~w ,~' fh'.,~ ~1' such mmrneys having expertise in lhe legal aspects of the issuance of indebtcdm's~ !,v ,t:~.cs :t,~,. polhical subdM~;ions thereof. "Business Day" means any day cxccpl :~w $;,:t~td',~v ~,' Sunday ~r day on which the Principal Office of the Original Purchaser i, ck~scd. "Chaimmn" means thc Chairman ,~ X'~cc-( 'l~:drn~:~n ~,t' thc Board of Connty Commissioners of the Issuer. "Clerk" shall mcan tile ('Icrk ~t' thc ¢'ircui~ ('ou:t ir~ aml for Collier County, Florida. ex- officio clerk to the Board of Cotmty ("ommi<-io::cr';. {,:' :my duly authorized deputy thereof. "Code" means tile Internal Rcvcn:?,' t',~dc tit' !';$6. as amended, and any Treasury Regulations, whether temporary, propowd ,~: fi:ud, im,~:::lc',ttcd lhcrcundcr ¢~r applicable thereto. "Cost" means, with respect lo thc I'r~Licct. any obligz~tion or expense incurred by the Issuer m thc extent permitted by the Act. "Five Year BQ Rate" shall mcan thc ra~c per ammm. determined as of the Business Day immediately preceding thc date iff Iht rctlucsl fi~r Ibc ..Xdvancc by thc Original Purchaser. equal to 83% of the "ask yield" as rcported in Thc Wall Street Journal, for thc United States Treasury Bond maturing closest to but not bclbrc thc Ma~tu'~v l):~c ~,1' thc applicable Note, and if more than one treasury bond matures on such date. then thc trcas~;?v Nmd which trades closest to the price of par. "Five Year Maturity Date" shall mcan that ~l~c maturity date of thc applicable Note shall be the day five years following the date t~t' "Five Year Non-BQ Rate" shall mcan ~hc rate per allntllB, determined as of the Business Day immediately preceding thc date of fi~c request for ~hc Advance by the Original Purchaser. equal to 98% of the "ask yield" as rcpt,rtcd in Thc Wail Slrcct Journal, for thc United States Treasury Bond maturing closest to btit m~t l~cf~rc thc Nl:m~r~tv Date of thc applicable Note, and if more than one treasury bond matures ,m such d:~tc, lhc~ thc treasury bond which trades closest to the price of par. "Issuer" means Collier County. Fh~rid:~. a pt,lilk':~I subdivision of thc State. "Loan Agreement" is defined in Section 6 hereof. "Maturity Date" shall mean, subject t,~ tile provisions of tile Loan Agreement. as to any Note, as elected by the Issuer in thc rctlUCSt for :\dvancc related to such Note, either the Three Year Maturity Date or the Five Year .~la:ur:tx l~)a,c. "Non-Ad Valorem Revenues" means all revenues of tile Issuer not derived from ad valorem taxation and which are lawfully available to bc used to pay debt service on the Notes. 16C 4 "Notes" means thc Notes of the Issuer authorized by Sections 4 and 5 hereof. "Original F'urchaser" means NationsBank, N.A. "Owner" or "Owners" means tile Person or Persons in whose name or names the Notes shall be registered on the books of the Issuer kept for that purpose in accordance with provisions of this Resolution. "Park Impact Fees" means, to the extent they ri'my be lawfully used to pa), debt service on Notes, those fees imposed pursuant to Article II, Chapter 74, Code of Ordinances of Collier County, Florida, or any similar fee now or in the future imposed or enacted by the Issuer in order to cause land development construction designed or intended to permit more dwelling units than thc existing usc of the land to contribute its fair share to the cost of improvements and additions to the Issuer's park system that are required to accommodate the use of such parks and recreational facilities by such growth, including, but not limited to, those fees imposed pursuant to Ordinance No. 9%39. enacted by the Issuer on May 25. 1999. "Person" means natural persons, firms, trusts, estates, associations, corporations, parlnerships and public bodies. "Pledged Revenues" means (i) the Park Impact Fees and (ii) to the extent provided in Scctiou 8 hereof, thc Non-Ad Valorem Revenues. "Principal Office" means, with respect to the Original Purchaser, the office located at 4501 North Tamiami 'Frail: Suite 400; Naples, Florida 34012, or such other office as the Original Purchaser may designate to the Issuer in writing. "Project" means various capital improvement projects approved by the Issuer. "Resolution" means this Resolution, pursuant to which the Notes are authorized to be issued, including any Supplemental Resolutions. "State" means the State of Florida. "Supplemental Resolution" means any resolution amendatory or supplemental to this Resolution adopted by the Issuer in accordance with Section 10 hereof. "Three Year BQ Rate" shall mean the rate per annum, determined as of the Business Day immediately preceding the date of the request for the Advance by the Original Purchaser, equal to 80% of the "ask yield" as reported in The Wall Street Journal, for the United States Treasury Bond maturing closest to but not before the Maturity Date of the applicable Note, and if more than one treasury bond matures on such date, then the treasury bond which trades closest to the price of par. 16C 4 "Three Year Maturity Date" shall mean that the malurity date of tile applicable Note shall be the day three years following the date of issuance of tile Note. "Three Year Non-BQ Rate" shall mean tile rate per annum, determined as of the Business l)ay immcdiaiely preceding Ibc date of the request for the Advance by thc Original Purchaser, equal to 95% of thc "ask yield" as reported in The Wall Street Journal, fl~r the United States Treasury Bond maturh~g closest to but not bctbre the Maturity l)ate of thc applicable Note, and if more than one treasury bond matures oil such dale, then Ibc treasury bond which trades c]oscsl Io Ibc price of par. Section 3. Resolution to Constitute a Contract. In consideration of the purchase aud acceptance of tl~v Notes authorized mbc issued hereunder by fimsc who shall be linc ()wncrs thereof from time to ~imc. this Resolution shall constitute a contract between thc Issuer and the Owners. Section 4. Authorization of Notes. Subject and pursuant to tile provisions of ~his P, csolution, special obligations of the Issuer are hereby authorized to bc issued under and secured by this Resolution in thc aggregate principal amount of not exceeding S10,~,~ fi~r thc purpose of linancing thc C,)st of thc Project. Because of thc characteristics of thc Nolcs. prevailing market conditious and additional savings to be realized from an expeditious sale of thc Notes, it is in Iht best interest of the Issuer to negotiate with the Original ~rchaser m purchase iht Notes lh)m time to time at private negotiated sales. Prior to the issuance of each Note thc Issuer shall receive thc Original Purchaser Ibc disclosure required by Section 218.385. Florida Statutes. Section 5. Description of Notes. (a) Each Note shall be in tile principal amount of the Advance represented thereby. shall be designated as "Promissory Note" with an appropriate additional designation t, distinguish it from all other Promissory Notes of tile Issuer, shall he dated tile date of its executi(m and delivery, which shall be a date agreed upon by the Issuer and the Original Purchaser, and shall bear interest at tile Applicable Rate (subject to adjustment as provided irt tile NOte). computed on the basis of a 360-day year for the actual number of days elapsed, and shall mature on the Maturity Date. Thc Notes shall have such other terms and provisions and shall bc substantially in thc form of thc Note attached hereto as Exhibit A, with such changes as may be approved by the Chairman, such approval to be conclusively evidenced by the execution thereof by the Chairman. (b) Thc Notes si'mil be executed on bcllalf of tile Issuer with thc nlanual signature of tile CImirman, and shall have impressed thereon tile official seal of the Issuer, and be attested with the manual signature of the Clerk, and the Chairman and Clerk arc hereby authorized to execute and attest to tile Notes on behalf of the Issuer. (c) Thc ('hairman is hereby authorized to request Advances from time to time umlcr tile Loan Agreement. Section 6. Loan Agreement. Notwithstanding any other provision hereof, no Note shall be issued nor shall thc Issuer bc obligated to issue Ihe same nor shall thc Original Purchaser be obligated to purchase Iht same, unless and until the Issuer and Ihe Original Purchaser shall execute a I.oan Agreement in substantially thc Ik~rm attached hereto as Exhibit B (thc "l,oan Agreement"). Thc lk~rm of thc l.oan Agreement is hereby approved by thc Issuer and thc (/hairman is authorized to execute thc same, with such changes :~s may be approved I~y thc ('hairman, such approval to bc conclusively evidenced by thc execution thereof by Ibc Chairman, and upon such cxcculitm. thcCIcrkisauthorizcdloattcsttl) thcl,o:tn Agrccmcntonbchalfofthclssucr. Uponcxccution of thc l,oan Agreement by thc Issuer :llltl thc Original Purchaser, thc same shall constitulc a part of this Rcs{Hutton thc same as if sc; l~)rth in full herein. Section 7. Registration and Exchange of Note: Persons Treated as Owners. So hmg as thc Notes shall remain unpaid. Iht Issuer will keep books for thc rcgistrati(m :md transfer ~I' thc Notes. Thc Notes shall be lranslZ'rablc only upon such registration books. Thc Issuer will Ir;rosier thc registration of' a Note upon written request of' the Owner spccil~,ing thc name, address and taxpayer identification nt~mbcr of thc transferee. Thc t~crson it; whose name a Nt~tc shall bc registered shall bc clccmcd and regarded :ts thc abstflutc owner thereof for all purposes, and payment of principal and interest t)n such Nt)tc shall bc made only to or upon thc written order of thc Owner. All such payments shall bc valid and cfl~ctual Io satisl~' and discharge thc liability upon such Note to thc extent t)l' thc sum or :qtlllls so paid. Section 8. l'aymcnt of Principal and In;crest; Limited Obligation. Thc Issuer promises that it will promptly pay thc principal ot' and interest on thc Notes at thc place, on thc dates and in thc manner provided therein according lo thc true intent and meaning hereof and thcrct)f, provided that thc principal of alld interest on thc Notes is payable st)lely from thc Pledged Revenues. and nothing in thc Nolcs. thc l,oan Agreement or in this Rcs~Hution shall be construed as pledging any other thnds or assets of the Issuer to such payment or as aufimrizing such payment to be made from any other source. The Issuer is not and shrill not be liable fl,r tl~c payment of ~hc principal of and in;crest tm thc Notes or for thc performance of any pledge, obligation or agreement fi)r payment undertaken by the Issuer hereunder or under thc l,oan Agreement from any properly other than thc Pledged Revenues. No Owner of any of thc Notes shall have :my right to resm't to legal or equitable action to require or compel thc Issuer Io make any payment required hereby or by thc Nolcs or thc l,oan Agreement from any source other lhan thc l'lcdgcd Revenues. Thc Issuer covenants that for so long as any Note shall remain unpaid, it will not repeal or modify the ordinance(s) which impose thc Park Impact Fees in any manner so as ti) adversely al'[cci the ability of the Issuer Itl pay thc principal of and interest on thc Notes as thc same shall become due and payable. Thc Issuer xvill not issue any other obligations or incur any liability payable from thc Park hnpact Fees and having a right lo payment therefrom that is on a parity with or prior Io thc right repayment therefrom of thc Notes. Excepl for thc Nolcs, Iht Issuer will not issue any obligations or incur any liabilily payable from thc Park Impact [:ecs [llllgss ti) [[ICl'C iS I10 dcfimlt with rcspccl 1o payment of the principal of or interest on thc Notes or otherwise hereunder and (ii) thc Park hnpac~ Fees collected by thc Issuer during thc 12 full months most recently concluded preceding thc date of issuance of such additional debt or incurrcncc of such additional liability minus expenditures (other than fl~r debt service) of such Park Impact Fees during such period shall be at least 1.30 times the maximum ilIllDUIlt Of principal and interest ur other form of payment schcdt~lcd to bc made with respect to thc Notes and such additional debt or liability during any twelve month period aflcr thc dale of issuance of such additim~al debt or liability. Thc Issuer c{~vcnants that, so long as any Note shall remain unpaid, il will appropriate in its annual budget, hy amendment, if required, from Non Ad Valorem Revenues, amounts sufficient to pay thc principal of and interest on the Notes not being paid from other amounts as thc same shall become duc. In thc event that thc amount previously budgeted tbr such purpose is at anytime insufficient to pay such principal alld interest on thc Nolcs, thc Issuer covenants to take immediate action to amend its budget so as lo budget and appropriate ;Ill amount from Ntm Ad Valorem Rcvcnucs sufficient to pay such debt scrvicc on thc Notes. Suchcovcnantslobudgct and appropriate from Non Ad Valorem Revenues shall be cumulative Io thc extent not paid and shall continue until such Non Ad Valorem Revenues sufficient lo make all required payments have been budgclcd, appropriated and used to pay such debt service on tho Notes. Thc Issuer shall not issue or incur any indebtedness if such would malcrially and adversely aftkct Ibc ability of thc Issuer to pay debt service on thc Notes. Section 9. Compliance with Tax Requirements. Thc Issuer hereby covenants and agrees, fl)r thc benefit of thc ()wncrs from limo to time of thc Notes, to comply with thc requirements applicable to it contained in Section 103 and Part IV of guhchaptcr B of Chapter 1 of thc Code to thc extent necessary to preserve thc cxclusim~ of interest on Iht Nolcs fr{m~ gross income for tk'dcral income tax purposes. Spccilically. without intending to limit in any way thc generality of thc fl~rcg()ing, thc Issuer covenants and agrees: (1) to pay to the United States of America from thc funds and sourccs of revenues pledged to thc payment of thc Notes to the extent legally available, and from any other legally available funds, at thc times required pursuant Io Section 148(I) of thc (/udc, thc excess of thc amount earned tm all non-purpose investments (as defined in Section 148(0(6) of the Code) allocable to each Note (other than investments attributed to an excess described in this sentence) over thc amount which would have been earned if such non-purpose investments were invested al a rate equal to thc yield ~)~ such Note, plus any iucomc altributablc I{) such excess (~l~e "Rebate Amount"); (2) to maintain and retain all records pertaining to and to be responsible for making or causing t{~ be lll;.idc all dctcrminaticms ;llltl calculations of thc Rebate Amount and required payments of the Rebate Amount its shall be necessary to comply with the Code; 16C 4 (3) to roi'rain from using procccdx of thc Nolcx in a manner thai would c;.mse ;.Itly of lhe Notes to be chlsxified ax privntc activity bondx under .Section 141(a) of thc Code; and (4) to refrain from taking any action or omitting to take any action il' xuch action tlr omission would cause any of tile Notes to become arbitrage bonds under Section 103(t,) and Section 148 of the Code. Thc Issuer undcrxtands that thc I'orcgoing covenants impoxc comirming obligations {m thc Issuer to comply wifl~ thc requirements of Section 103 and Part IV of Subchaptcr Il of Chal, tcr 1 of thc Code so long as such requirements arc applicable. Section 10. Amendment. This Resolution shall not be moditicd tlr amended in any respect subsequent to thc ixsuance of thc Notes without Iht written consent of tile Owner or (')xvncrs {:,I' ail the Notcx. Section I1. Limitation of Rights. With thc exception of any rights herein expressly c~ml'crrcd, nolhing expressed or mentioned in or to hc implied from lhis Resolution or ~hc Notes is intended or shall bc construed to give to any Person other than thc Issuer and thc Owners any legal or equitable right, remedy or claim under or with respect to thix Resolution or any covenants. conditions and provisions herein contained; this Resolution and all of thc c,,~'cn=mts, conditions and provisions hereof being intended lo be and being For thc sole and exclusive bcnclft of thc Issuer and thc Owners. Section 12. Scvcrability. If any provision of this Resolution shall bc hcld or dccmcd to bt or shall, in fact. Be illegal, inoperative or unenforceable in any context, Ibc xamc shall not affect any other provision herein or render any other provision (or such prt~vision in any other context) invalid, inoperative or unenfl~rccablc to any extent whatever. Section 13. Business Days. In any case where thc duc date of intcrc,t on or principal of thc Notes is not a Btlsillcss Day. then payment ()f principal or interest need n{~l be made on such date but may be made on thc next succeeding Busincss l)ay. provided that credit t2)r payments made shall not be given until thc paynmnt is actually received by thc Section 14. Applicable Provisions of Law. This Resolution shall bc governed by and construed in accordance with the laws of thc .State. S~tion 15. Rules of interpretation. Llnless cxprcxxly indicated othcr\vixc, references sections or articlcx arc to bc construed as references to sections or articles t~t' Ibis instrument ax originally executed. Usc of the wordx "herein," "hereby," "hereunder," "hcrc{,F. .... hcrcinbcfi~rc," "hereinafter" and other equivalent words refer to this Resolution and not st)lely to the particular portion in which any such word is used. 4 Section 16. Captions. Thc captions and headings in this Resolution arc for convenience only and in no way define, limit or tlcscrihc thc script {~r intent of any prm,'isions or scctim~s of this Rcsolutitm. Section 17. Limited Liabilityoflssucr. It ishcrcbycxprcs,sly madcacmMiti{m(~fthis RmsoltlliOn of thc l,oan Agrcctllc~lt :tnd o{' thc Nolcs that a~ly :~grccnlcnts or rcprcscnlati(ms herein or therein c{mtaincd or contained in tl~c d{)cumcnts and instruments cxcc0lcd i~l collncclio~l therewith do not and shall never ctmstitutc m' give ri.sc to any personal {>r pecuniary liahilitv or charge against thc general credit of thc Issuer and in thc event of a breach of any [~grccmcnt, covenant or representation, no personal or pecuniary liability {~r charge payable directly {>r indirectly from any I'unds of thc Issuer other than those pledged hereunder shall arise therefrom. Nothing contained i~l this Section 17, however, shall relieve thc Issuer from thc observance and pcrfi>rmancc of thc several covenants and agreements on ils part herein cont:~incd. Section 18. Officers and lhnployccs of thc Issuer Exempt fronl Personal Liability. No rcct)tJrsc under or tlpOll ally (d,ligatitm. ctWCtlall[ or agreement of this Resolution, of thc l,oan Agrccmem (~r thc Nolcs or tbr any claim based thereon or otherwise in respect thereof, shall hc had against any ('l)Llll{y Ct>mmissitmcr of Iht lssuur, or zmy ot'ficcr, agent ~)r employee, as such, of thc Issuer past. present or fulurc, it being expressly undcrslood (a) that thc obligation ~l' ~hc Issuer tllldcr this Resolution is solely a corporate ()nc, limited as provided in Iht preceding Scctim~ 17, (b) thai n{, personal liability whatsoever shall attach to, or is or shull bc incurred by, thc CountyC~mmfissioncrs~>fthclssucr,{~rthcofficcrs, agcnts, orcmployccs, assuch, of thc Issuer, or any of them, under ()r hy rcas(m of thc {)bligati{)ns, covenants (>r agreements comaincd in this Resolution or implied therefrom, and (c) that any and all such personal liability of, and any and all such rights alld claims against, every such County Commissioner of thc Issuer. and every officer, agent, or employee, as such, of thc Issuer u~der or by rcaso~ of Iht obligations, coven;mis or agreements contained in this Rcsoluti(m, or implied therefrom, arc waived and released ~s a condition of, and as a consideration ti)r, thc execution of this Resolution and lilt J,();lll Agreement and thc issuance of thc Notes on thc part ()f thc Issuer. Section 19. Authorizations. Thc Chairman :.tnd such other offici:,tls arm employees ()1' ~hc Issuer as may bc designated by thc Chairman arc each designated as agents of thc Issuer in cunncction with thc issuance and delivery of Iht Notes and arc authorized and empowered. collectively or individually, to take all action and steps and to execute all instruments, documents, and contrztcts on behalf of thc Issuer lhat arc necessary ~r desirable in connection with Iht execution and delivery of thc Notes, and which arc specifically authorized or arc not inconsislcm with the terms and provisions ol'this Resolution. Section 20. Note Mutih,~tcd, Destroyed, gtolen or Lost. Itl case any Note .shall tqecome mutilated, or be destroyed, stolen tlr lo.st, lhe Issuer shall issue ;.tnd deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in sul~stitution for thc Note destroyed, stolen tlr lost and upon thc Owner furrfishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to the I,ssuer and complying with such other reasonable regulations and condition,s as the Issuer (nay 16C 4 prcscribcandpayingsuchcxpcnscsaslhclssucr may incur. Thc Notcsosurrcndcrcdshallbc canceled. Section 21. ImpairmcL~t oi' Contract. Thc Issuer covenants with thc Owner of Lhc Nolcs ~hat it will not. without thc written consent of thc Owner of the Notes, cnacl any ordinance or adopt any resolution which repeals, impairs or amends in any manner adverse to thc Owner thc rights granted to Iht Owner of thc Notes l~crcundcr. Section 22. Remedies of Notcholdcl'. Should the lssucr del':mlt in any obligation created by this Resolution. thc l,oan Agreement or thc Notes, thc Owner of thc Notes may, in addition tt; any other remedies set forth in this Resolution, the Loan Agreement or thc Notes. either at law or in'equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction. protccl and enforce any alld all rights under the laws of the State of Florida. or granted or contained in this Rcsolu{ion, and may enforce and compel thc performance of all duties required by this Resolution. or by any applicable statutes lo be performed by thc Issuer or by any officer thereof. Section 23. repealed. Section 24. adoption. P, cpcalcr. All resolutions or parts thereof in conllict herewith arc hereby Effective Date. This Resolution shall take cf feet immediately upon its This t~,csolution adoplcd on this 8ih day of.lunc. 1999. aflcr mol ion, second and majority BOARI) OF COUNTY COMMISSIONERS OF COIA,IER COUNTY, FLORIDA tXTTEST: DWIGIIT I-1. IIP, OCK, CI.,EP, K PAMEI,,,\ S.. MACKIE, CItAIRWOM,.\N ,_. ~,~,'l" Approved as to form and legal sufficiency tteidi F. AM'mm Assistant Coum.v .,\ttorney ¢i \ I .~ 184\63', Rcsoh~li(ml 2) ~.pl 9 EXHIBIT A 16C Ilnscrt Adv:mcc :\lllOU;lt} ('OI,LII_:,R C()UNTY, FLORII)A PROMISSORY NOTE Jlnscrt Series l)csiglmtion] KNOW Al,l, MI';N BY 'l'llliSl{ I'RI'2'qI.~NTS that Collier Coumv, I:lorida (the "lsst_lcr"), 11 political subdivision of the State of Florida created and existing pursuant to thc Constitution and thc laws of thc State of l:lorida, for value received, promises Io pay from Iht sources hereinafter provided, to Iht re'der el' Nationsltank, N,A. or registered assigns (hereinafter, thc "Owncr"~. iht principal sum of llnscrt Advance tXlllOtlIlt], together with interest Oli thc principal balance oulslanding at thc rate per annum of ~'~ (sub. jeer to adjustment as hereinafter provided) based upon a year of 360 days for thc actual number of days elapsed, Principal of and interest on this Note are payable in lawful moncv of thc United States of America at sucll place as tile Owner may designate Io Iht Issuer. Installments of principal and interest on this Note shall be payatHc in l inscrl number -- either six for Three Year Maturity Date or ten for Five Year Maturity Date} equal installments, duc on each [insert dale six months after date of Note] and [inscrl dale one year aflcr date of Note] to and including [insert maturity date - either tl~rec years after date of Note Ibr Three Year Maturity Date or five years after dale of note for Five year Nlaturitv Date] (thc "Maturity I)atc"). Thc entire unpaid princip~d balance, together with all accrued and unpaid interest hereon, shall bc duc and payable in full on thc Maturity Date. All payments by H~c Issuer pursuant to this Note shall apply first to accrued interest, then to other charges duc thc Owner, and Iht balance thereof shall apply to thc principal sum duc. As used in this Note, (11 "(Mdc" means ~hc Imcrnal I{uvcnuc (',~dc t~l' t~)S6, as amended, and any 'l'rc: surv Regulations, whclhcr temporary, prt)pt~scd m' fi;mi, n'omulgatcd thereunder or applicable thereto: (2) "Dctcrnfination of Taxability" shall mcan interest on ~l~is Note is determined or declared lobe includable inthc=ri,, ~ss' income of thc Owner for federal income tax purlmSCS under thc Code by reason of legislation, judgment of a court of competent jurisdiction or a final ruling or regulation of thc Imcrnal Rcvctluc Service. Upon ~l~c occurrence of a Determination of Taxabilil¥, thc inlercsl rate on this No~c shall be adjusted to a rate equal to 154 ~& t~f thc interest rate olhcrwisc borne hereby (thc "Adjusted Interest Rate") calculated on thc basis of a 360-day year for thc actual number of days elapsed, as of and from thc date such determination would be applicable with respect to this Note (the "Accrual Date"): and (i) the Issuer shall on thc next interest payment date hereon pay to thc Owner, or any ~Brmcr Owner, as may be appropriately allocated, an alllOUlll equal to thc sum of(l) thc difDrcncc between (A) the lolal interest that would have accrtlctl oil this Note al thc Adjusted Interest Rate from thc Accrual 16C 4 Date to thc date of the Dcterminatioll of Taxal'~ility, and (B) thc actual interest paid by thc Issuer on this Nolo frtml the Accrual Date to thc date of Determination of Taxahilily. and (2) any interest and penalties required lo be paid as a result of any additional State of I:lorida and lkdcral income taxes imposed upoxl such Owner a~d/or I'or~lcr Ow~ler arising as a result of such l)cter~lli~latioll of Taxability: and (ii) from and after thc I)ctcrmination of Taxability. this Note shall continue lo bear interest a} thc At[iustcd Interest Rate for thc period such determination continues to be applicable with respect to this Note. This adjustment shall survive payment of this Note until such time as thc federal statute of limitations under which thc intcrcsl tm this Note could bc dccl;trcd I;txalMc under thc shall have expired. Thc principal of and interest on this Note In;tv bc prepaid at thc option of thc Issuer in whole t~r ill part at any time. There shall bc no prepayment premium or penalty, t'rcp:~ymcnts oF principal shall be applied to thc scheduled installments t~f principal hereon in inverse order of maturity. I. lpon thc occurrence of ;tn l{','cut of l)cf;tutt (;ts defined in thc l.oan ,,Xgrccmcnt) (as defined thc RcsolutiCm) ~l~cn thc Owner may declare thc c~llirc debt then remaining unpaid hereunder immediately duc and pay;tiMe: and ill ally such default and acceleration, thc Issuer shall obligalcd tt)pay (but only 1'1'0111 lilt l~lcdgcd Rcvcnt~cs) as part of lhc imfcblcdncss evidenced by this Note, all costs of collection and cnlk,rccment hereof, including such l~cs as may bc incurred tm or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, i~cludiug spccilSc:tlly but without limitation, claims, disputes and proceedings seeking adequate protection relict' from thc at]tomalic stay. liilcl'csl ;it thc lesser of 12 ~X per ;tl~lt~Ill or lilt l~laxiIllUIll l;.iwful rate per ;.li~l~tl111 shall be pily;~l'~lc on thc entire principal t'~alancc owing hc'rcundcr from arid after the occurrciicc {~1' ulld during the c'onlinuation of a dcfauh described in the preceding paragraph, irrespective of a declaration of maturity. Thc Issuer Ltl the extent permitted by law hcret~v waives l~rescntmt-'nt, dcm;md, pr{~tcst and notice of dishonor. TillS N()TIS t'.,NI) 'I'11I'~ INTI.-;I~.I'~ST tlI';I~.EON DOi?.S NOT ANI) SltAIA. NOT (7ONSTITtlTI'~ :\ G[-~NERAI. INI)I-~IVI'IiI)NIiS.$ OI': T}I['~ IS.SLII.iR WITII1N Till'; MI~ANINCi ()l: ANY CONSTITUTIONAL. I~ROVISION OR STATtJTOR'Y I. iMITATION BU'I' S}IAIA. BI:. 1~.,\5'AI~,I~I'~ SOI.EL'I' VROM Ttlli M()N1;;YS ,,\NI) SOtlR(/ES PI.ISD(iI:;I) TIII:.i~,EI:OR. NEITIIF. I{ TIlE FAITtt AND CRI';I)IT NOR ANY Al') VAI.OI>,[:-,M TAXIN(i POWIER O1: Till:. ISSUI:~,},',, Till:. STATE OF t-:I.OI,'.II)A OR ANY I"OI.ITICAI. SUBDIVISION TI IERI?~OF IS I"I.EDGEI)TO 'Fllt:. It:'AYMENT el: TIlE PRINCII%\I. Of OR INTER[iST ON Tills NOTli OR OTII[:.I,~ COSTS INCII)Ir. NTAI. t I I'.:.R F. TO. This Note ix i';sucd pursuan! lO [~,csolution No. 99- duly adoplcd by thc Issuer on June , 1999. as From time to time amended and supplemented (herein referred lo as thc "Resolution"). ~d is subjcct to all thc tcrms and conditions of thc Rcsoluti°n. Alltcrms, conditions and provisions of thc Resolution arcbvthisrcfcrcnccthcrctoincorporalcdhereinasapart°fthis Note. Terms used herein in capitalized form and not otherwise dctSncd herein shall have thc meanings ascribed thereto 1.60 This Nolo is payable solely from and is secured hy a lien upon and pledge of thc "Pledged Revenues" as described inthc Resolution. Notxvithstandinganv other provisionoflhis Note. thc Issuer is nol and shall not be liable for Iht payment of the principal of and inlcresl on this Note or otherwise monclarily liable in connection herewith from any properb' other Ill;111 thc Pledged Revenues. This No~c may bc cxcllangcd or Iransl'crred by Iht ()wncr hereof bul only upon linc registration books mainlaincd by lhe Issuer aI1LJ in IJle 111:l1111er provided in ihe l~,csolulion. II is hereby ccrlified, rccilcd ami declared lhal all acls, condilions and prcrequisilcs required to exist, happen and be performed precedent Io and in thc execution, delivery and Ihe issuance of this Note do cxisl, have happened and have been pcrl2~rmcd in duc time. form and manner as required by law, and Ihat thc issuance of this Nolo is in full compliance with and docs not exceed or violate anv constitutional ~r smmmrv limimtim~. IN WITNESS WIIF. RIiOI:. Collier County. Florida has caused this Note to be executed in ils name by thc lllLlllUa] signature of its Chairman and attested by I]lC lllalltlal signature of its (.'lin'k, and its seal to he i~nprcsscd hereon, all this __ day of [SE,'\I.1 A~lest: Collier ('oul]lv. I:lorida (71crk 4 (Form for Transfer) FOR VAI,UE RECEIVED. the undersigned hereby sells, assigns and transfers unto (Tax Identification or Social Security No.__ ) the within Nole and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Note on the books for registration thereof, with full power of substitution in thc premises. Dated NOTICE: Thc signature lo this assignment must correspond with tile name as it appears upon the face of thc within Note in every particular. without alteration of enlargement or any changc xvhatcvcr. the presence of: I,OAN A(iRF. EM ENT This LOAN AGREEMI';NT (thc "Agreement") is made and entered into as of Junt 9, 1999, by and between the Collier County, Florida, a political subdivision of tile State of Florida, and its succtssors and assigns (the 'Issuer'), and NationsBank, N.A., a national banking association, and its stlcccssors and assigns as holder(s) of thc hereinafter defined Note(s) (the Bank"); WI tFJ~,F. AS, tilt Board of County Commissioners of thc Issuer did, on June 8, 1999, adopt Resolution No. 99- (thc "Note Resolution") authorizing, among mhcr things thc issuance of l'romissory Nolcs ol~thc Issuer in thc aggregate principal amount not to exceed $10,000,000 (collectively, thc "Notes") for thc purpose of financing certain of the Costs of thc Project (as defined in thc Note Resolution); and WI IEP, F.,,\S. thc Flank is willing to enter into this Agreement with tl~e lssucr to provide ~l~e financing for tht Costs of the Pro. jeer; and WI-[F. RF. AS, thc Issuer hereby determines that it is desirable and in the best interest of thc Issuer to cnlcr into this Agreement whereby the Issuer will borrmv funds from the Bank fl)r the purpose (ff financing thc Costs of the Project (the "Loans") and to evidence the repayment of such l.oans by thc issuance and delivery of the Notes to the Bank in the aggregate principal amount of thc l.oans: and WIIEREAS, tile Notes shall be issued pursuant to tilt terms and provisions of the Note Resolution and this Agreement: and WIIEREAS. the execution and delivery {)t'this Agreement have been duly authorized by tilt Note P, csolution. NOW, TIIEREFORE, thc parties hcrcto, intending to bc legally bound hereby and in consideration of thc mutual covenants hereinafter containtd, I)O HEREBY AGREE as folloxvs: AI¥1'I CIA~; I DEFINITION OF TERMS Section 1.01 Definitions. Thc words and terms used inthis Agrccmentshallhavcthe meanings as set forth in thc Nott Resolution and in tile recitals above, unless otherwise defined herein. Unless the context shall otherwise require, tile following words and terms as used in this Agreement shall tm',,c the following meanings: "Advance" means a borrowing of money under a Note, pursuant to Section 5.04 hereof. "Agreement" shall mean this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto rnadc in accordance with the provisions Ilcreof. 16C 4 "F. vcnl of l)cfault' shall mean an event ()I'd(fault specified in Article V of this Ag(cement. shall mcan thc outstanding principal amount of thc Note issued hereunder. "l.oan l)ocumcnts" shall mcan this Ag(cement, thc No(cs, thc Note Resolution, and all (Il]ICl' doculllClllS, agrCClllC111s, ccrtit'icatcs, schedules, notes, slalClllClllS, alld opinions, however described, referenced herein or executed or delivered pursuant hereto or in connection with ~r arising with thc l.oans or thc transaction colltClllpJatcd hV this Agreement. "Noteholdcr" shall me:m tile Bank as, d.te holder (',f tile No(cs, or any other registered holder 111{..2 Notes. Section 1.02 Interpretation. tJnlcss thc context clearly requires otherwise, words t)f masculine gender shall i~c collstrtlcd to include correlative words of Iht l'cmininc and neuter genders and vice versa, and words of thc singular number shall he construed to include correlative words of thc plural number and vice versa. This Agreement and all thc terms and provisions hereof shall be construed to effectuate thc purposes sc( forth her(in and to sustain thc validity hereof. Suction 1.03 Tillcsandllcadings. Thc titlcs and hcadings of thc articlcs and suctions of this Agreement have bccn inserted lb( convenience of reference only and arc not to be considered a part hereof, shall not in ailv way modil}' or restrict any of thc terms and provisions her(of, and shall not hc considered or given any cf fcc( in construing this Agreement or any provision her(of or in ascertaining intent, if any ClUCSti(m ~t' in(cra should arise. Al,rTl CI~I': II I>,EI:'I,tESENTATI()NS OF ISSUER Subject to the Note Resolution, tile Issuer represents and warrants to tile Bank thai: Section 2.01 l'owcrs of Issuer. Thc Issuer is a political subdivision duly organized and validly cxisting as a county under thc laws of thc State of Florida. The [ssucr has thc powcr to borrow thc amount provided for in this Agreement, to execute and deliver thc Notes and this Agreement, lo secure thc Notes in thc manner contemplated her(by and by thc Note Resolution, and to perform and t)hscrvc all thc terms and c(mditions of thc Notes and this Agreement on its part to bc pc(formed and observed. Thc Issuer is or will be within thc time required by law empowered to commence and pros(cute thc Project and thc Issuer may lawfully issue thc No(cs in order to finance thc Cost ot' thc Project. Sccti(m 2.02 Authorization of Loan. Thc Issuer has had or ,,vill have, as thc case may be, full legal right, pow(r, and authority to adopt tile Note Resolution arid to ex(cut( and deliver this Agreement, to issue, sell, and deliver the Notes to the Bank, and to carry out and consummate all miler transactions contemplated by thc I,oan Documents, and tile Issuer has complied and will comply with all provisions of applicable law in all material matters relating lo such transactions. Thc Issuer, hv the Note Resolution, has duly authorized the borrowing of ~l~c amount provided for in this Aurcc;ncnt. thc execution and delivery of this Agreement, and thc making and delivery of thc Nolc~s m thc Bank pr{widcd for in this Agreement and to that end thc Issuer warrants that il will rake all acti{m ami will do all things which it is authorized hy law to take and lo do in ~)rdcr to fulfill all covenants on its part to be performed and to provide tbr and to assure payment of thc Notes. Thc Issuer has duly adopted Iht Note Resolution anti authorized thc execution, delivery, and performance of thc Notes and thc l.oan Agreement and thc taking of any and all {)thor such actium as may be required on thc part of Iht lssucr IO carry out, give cf foci to a~ld COllSUm~l~atc thc transactions'contemplated by thc l.oan D{~cumcnts. Thc Notes have been duly authorized, executed, issued and delivered to thc Bank and constitute legal, valid and binding obligations of thc Issuer cnthrccablc in acct>rdancc with fl~cir terms and the terms of the Note Resolution, and arc entitled to Iht hcncfits and sccuriw of thc Note Rcsolulion and this Agreement. All approvals, collSClllS, alld ordcl'S iff' arid filings with any governmental authority or agency which would c{mstitutc a cm~dilirm prcccdcnl Io Iht issuance of thc Notes or the execution and delivery of or lilt performance by thc Issuer of its obligations under thc Loan Documents have been obtained or made and any con'chis, approvals, and orders to he received or filings so made arc in full t'orcc alld effect. Section 2.(/3 Agreements. The making and pcrforming by thc lssuer of tl~is Agreement :,,,ill not violate any provision of thc ..\ct, or any bond or note resolution of the Issuer, or any regulation, order or decree of any court, and will not result in a breach of any of thc terms of any aurccmcnt or instrun'~ent to which thc Issuer is a party or by which tile Issuer is bound. Thc 1.dan I5ocumcnts constitute legal, valid and binding obligations of tile Issuer enforceable in accordance with their respective terms. Section 2.()4 Litigation. Etc. There are no actions or proceedings pcndir~g against thc Issuer or affecting thc Issuer which, either in anv cast or in thc aggregate, might result in any material adverse change in thc linancial conditi{m of tl~c Issuer, or which questions thc validity this Agreement, thc Notes or any of thc other Loan Documents or of any aclion taken or to bc taken in connection with thc transactions contemplated herebyor thereby. Thc Issuer is not dcfauh in rmv material respect under any agreement or other instrument to which it is a party {~r by which it may l~c hound, Section 2.(15 Financial Information. The financial information regarding tl~c Issuer furnished to lt~c Ba~lk by the Issuer in connection with thc Loan is complete and accurate, and there has hccn no material and adverse change in thc financial condition of tl~c Issuer from that presented insuch information. Thclssucr shall annually, within 180 days after thc endofcach fiscal year of thc Issuer, provide thc [la~lk with such financial information as shall be necessary m thai>lc the Bank to determine thc amount of Park Impact Fees and Non Ad Valorem Revenues with respect to such fiscal year. Section2.06 Plcdgc of Funds. Thc Notcs shall bc secured by and thc lssuer has in the Note Resolution granted m thc Notcholdcr a pledge of thc Pledged Revenues. Tire Issuer hereby 16C 4 ralifics and affirms lhat thc ,Notes arc is,sued subject to any and all l'~ro'.'isions o1' thc N~tc l~,csoluticm. ARTICI,E 1II COVI,;NANTS OF TIlE ISSUER Section 3.()1 .,\ffirmativc Covcll;.llltS. Suhjecl It) Ibc Nolo Rcsolulion, tile lssucr covcniHlls, l'~r so hmg as any of thc principal a]~lOtHlt ()for interest on thc Notes is otitsla~ldillg al~d unpaid or any duty or obligation of thc lssucr hereunder or under any of thc other i.oan Documents remains unpaid or unperformed, as follows: 14~ymcnt. Thclssucrcovcnantslh:lt it shall duly :md punctually pay tlleprincip:d thc Notes and thc interest thereon :it thc dates and place and in thc manner provided herein, in Llsc of Proceeds. Thc Issuer coven;mrs thai thc proceeds from thc Notes will used only for Costs ~l'thc Project. (c) Notice of Defaults. Thc Issuer shall within ten (10) days after it acuuircs knowledge hereof, notify thc Bank in wriling upon thc happening, occurrence, or existence of any Event otYl)cfault, and any event or condition which with thc passage of time or giving of notice, or both. would constitute an l/vent o1' l)clhult, and shall provide thc Bank with such written nt~ticc. a derailed statement by a responsible officer of thc Issuer of all relevant 15ets and thc action being taken or proposed to bc taken by thc Issuer with respect thereto. (d) Maintenance of Existence. Thc Issuer covenants thut it will take all reasonable legal acti{m within its cmnrol in re'der to mz~intain its existence until all amounts duc and owing from thc Issuer to Iht [lank under the Lo:in l)ocumcnts have been paid in full. (c) Records. Thc Issuer agrees that any and all records of thc Issuer with respect to thc Project and/or thc l.oan l)ocumcnts shall be open to inspection by thc Bank or its representatives al all rcasonahlc times at thc offices thc Issuer. (f) 'fear 2Gq.K) Compliance. Thc Issuer ,,viii promptly notil'y thc Flank in thc event thc Issuer discovers or determines that any computer application (including those of its suppliers and vendors) th;it is material to its ability repay thc Notes will not be Year 20~) compliant on a timely basis. Thc lssucr reasonably believes that all computer applications (including those of its suppliers and vendors) that arc material to its ability to pay principal of an interest on the Notes will on a timely hnsis bc able tt) pcrl~)rm properly date-sensitive functions for all dates before and after January 1, 2000. 4 Section .3.02 Negative Covenants. Thc-Issuer covenants, for so long as any of the principal amoum of or interest on thc Note is outstanding and unpaid or any obligations of the Issuer under any of thc I_oan Documents remain nnpaid or unperformed, thai: (a) Thc Issuer shall not alter, amend or repeal the Note Resolution, or take any action impairing the authority thereby or hereby given with respect to the issuance and payment of tile Notes, without prior written appro;'al of the Noteholder. (b) Thc Issuer shall not pledge or cncmnber the Pledged Revenues except pursuant to thc Note Resolution. .'-;cctilm 3.03 Incorpor'atioll of Note l{csolution. All representations, covcr~ants and · ,varramics of thc Issuer contained in the Note Resolution arc incorporated herein by reference to thc same extent :is il' set forth verbatim herein and constitute part of this Agreement. ARTICIA'~ IV Till,; I,OAN: ISStiER'S OBLIGA'FION; DESCRIF'TION AND PAV,XlENT TERMS: OPTIONAl, PREPAYMENT: ADVANCES Section 4.01 Thc l,oan. Thc Bank hereby agrees to loatl to tile Issuer the amount of up to 510,000,000 to be evidenced by one or more Notes, in each case to provide funds to finance certain of thc Costs of thc t'r~(icct, upon thc terms and conditions set forth in thc Note Resolution and in this Agreement. Thc Issuer agrees to repay the principal amount borrowed plus interest thereon, upon thc terms and conditions sot forth in thc Loan Documents. Section 4.()2. Requisitions for Advances; Other Conditions. (a) The Issuer may borrow from time to time tlp to $10.000,000 represented by Notes by requesting Advances hereunder, provided that amounts borrowed may be repaid but may not bc reborrowed, and provided further that no Advance will bc made after June 9, 2004. Thc Issuer may not request more than OllC Advance in any month and no Advance may bc for less than S 100,000. (b) Thc Bank silall not be obligated to Advance any funds unless ti) no F, vent of Dclitult has occurred and is continuing: and (ii) the Issuer delivers to thc Bank a written request for suct~ Advance, executed by thc Ghairman, indicating thc an~ount of thc Advance requested, thc dale on which such Advance is to be made (which shall be not less than tivc (5) and not more than ten (10) Business l)ays after the date such request is received by the Bank). stating that the representations and warranties of the Issuer contained herein arc true and correct as of such date, stating thc Maturity Date and whether thc Note is antic:paled to be a "clualil~cd lax-exempt obligation" within the meaning of Section 265(b)(3) of thc Code and thc further conditions set forth in (c), below, shall have been satisfied. Unless a Nolo has a Maturity Date not later than June 9, 2~4, thc Note shall not be issued, nor shall the Bank have any obligation to make thc related Advance, unless 4 thc opinion of Bond Counsel referred to ill (c)(ii) below shall state that P:~rk Impact Fccs may lawfully hc used to pay all of thc principal and interest on such Note. unless thc Bank in ils discrctim~ should agree otherwise. (c) On tile clare of any Advance, in addition to all other ilcms required hereby, by thc Note Resolution or hv lilt Note, on thc d:dc of any Advance, the Issuer sl~all deliver to thc B~mk thc following: (i) thc written opinion of thc County Attorney It/ thc Issuer. itl lk~rm and substance reasonably satisfactory to thc Bank, to thc cfi~ct that (a) thc Note Resolution, this 1,oan Agreement and linc Note arc duly authorized, executed and delivered by thc lssucr, remain in full force and cf feet, and ctmstitutc thc valid and binding obligations of thc lssucr cnl'orccablc accordance with their terms; (b) thc making of ti~c Advance and thc execution and delivery by thc Issuer of thc N(~tc rcl:~tcd thereto do not rcstlll iii H violation of :mY provision oF any of thc Documents: and (c) t{)thc best knowledge of thc County Aftra'ney. no t;vcnl iff l)cfaull or event which with Iht passage of time m' thc giving of notice, or both, would constitute an tJvcnl iff Dclhult exists: and (ii) an opinion of l:kmd Counsel acceptable to tile Bank. in tbrm and substance acceptable to thc Bank. lo thc effect that thc interest on the Note related It) such Advance is excludable from thc gross income of thc Bank for federal income tax purposes, thc Note and thc interest thereon is exempt from all intangible personal property taxes and excise mxcs on documents imposed by thc State o1' [:lorida, it' thc Note is a "ctuatificd tax- exempt obligation" within thc meaning of Section 265(b)(3) of thc Code so stating, and, il' thc Note has a Maturity l)atc later than .hmo 9, 2004. stating whether ['ark Impact Fees may lawfully bc used to pay debt service on such Note: and (iii) such other instruments, documents and certificates as Iht Bank lnaV rcasonahlv request itl order to demonstrate that thc Advance is being made itl accordance with thc terms hereof and applicable law. Section 4.03. Initial Advance. Thc l:/;tnk and tile Issuer agree that on June 9, 1999 thc Issuer shall issue, and tile Bank shall purchase with an Advance in thc amount of $4,275.000.00, the Issuer's $4,275,000.00 Promissory Nt)tc (North Naples Community Park Project - 1999) (thc "1999 Note"). Thc 1999 Notcshall havcthe Five Year Maturity l)atc and shall bear interestat thc rate of 5.809~ per annum (tile Five Year Non-BQ Rate). Section5.01 ©choral. this Agreement ii': ARTICI.E V EVENI'S OF I)EFAUIfI' An "l!vcnt of Default" shall hc dccmcd to have occurred under 16g (al Thc Issuer shall fail to make any l')ayn'~ent of thc principal of or thc interest on the l,oan within tiftecn (15) days after tile same shall become duc nnd payable, v.'hcthcr by Inamrity. bv acceleration at thc discretion of tile Bank as provided for in Section 5.02, or otherwise: or (b) thc Issuer shall default in tile performance of or compliance with any lcrm or performance of which or noncompliance with which is elsewhere specifically dealt with, which dctkmlt or non-compliance shall conlintlc and not bc cured within lhirtv (30) davs after (il notice thereof to thc Issuer by Iht Bank: or (ii) Iht lgank is notified of such noncompliance or should have been so notified pursuanl to the provisions of Section 3.01(c) of this Agrccmcm. whichever is earlier; or (c) any rcprcsemation or v,'arrant,,' made in writing by or on behalf of thc Issuer in any l.oan Document shall prove to have been false or incorrect in any malcri;~t respect on thc date made ()r reaffirmed; or (d) Thc Issuer admits in wrhing its inability to pay its debts ~enerally as they become duc or files a petition in bankruptcy or makes an assignment for thc benefit of ils creditors or coi1scIltS It) thc appt)immcnt of a receiver or trustee for itself; or (c) The Issuer is ad.judged insolvent by a court of competent jurisdiction, or it is adjudged a bankrupt t)ll [1 petition in bankruptcy filed by or against thc Issuer, or an order. judgment or decree is entered by any court of competent jurisdiction appointing, without thc consent of thc Issuer. a receiver or trustee of thc Issuer or of thc whole or any part of its property, and if Ibc aforesaid adjntlicaliogs, orders, judgments or decrees shall not be vat;Hod or set aside or stayed within ninmv (90) days From thc date of entry thereof: or (13 Thc Issuer shall file a petition or answer seeking reorganizati{m or any arrangc]ncnt under thc federal bankruptcy Jaws or any other applicable law or StattliC of thc l JIl~tcd States o[ America {~r the State of Florida: or (gl Thc Issuer shall default in thc duc and punctual paymcn! or performance t)f c()','enanls under any obligation for thc [').tl)'lllcHt of lllOl'lCV to 11112 Bank. Section 5.02 Effect of Event of l)cfault. (al General. Llpor~tlleoccurrcnceofany lZvcntofDclhult, subject to the provisions of the Note Resolution, the Bank shall have and may exercise any or all of thc rights set forth herein (which rights arc in addition to and not in lieu of any other rights the Bank nlav have under applicable luw) provided, however, thc Bank shall bc under no duty or obligation to do so. th) Acceleration; Other Remedies. Immediately and without notice, upon the occurrence of any l-~vent of Default, the Bank may declare all obligations of tilt' Issuer under thc Loan Documcp. ts to bc imlr~cdiatcly duc and payuble without further action oi' any kind and upon such declaration thc Notes and the interest accrued thereon shall become immediately duc and payaP~Ic. Upon such declaration, thc flank may also seek enforcement o1' and exercise all remedies availat-,Ic 1o it under thc Nolo [,~,csoltllioi'~. Iht Act alld ally (')[Itel' applicable law. :\RTICLI~ VII 5IISCEIA~ANEOt~S Section6.01 NoWaivcr;Cu:nulativeRcrncdies. No failure or delay on thc part of thc Bank in exercising any right, power, remedy hereunder, or under thc Note or other I.oan Documents shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single or partial exercise of any such right, poxver or remedy preclude any outer or l'ur~her exercise lhcrc~f, or ~l~c exercise of any oO~cr ri~h~, p~wcr or remedy hereunder or thcruundur. Thc rumcclics herein and therein provided are cumulativu and not uxclusive of any remedies provided by law or in Ucluity. Section 6.02 Amendments. Changes or Modifications to the Agreement. This Agreement shall not he amended, changed or modil'icd without thc prior written consent of thc Notcholctcrs and thc Issuer. Thc Issuer agrees to pay all of thc ~ank's ct>sis and reasonable attorneys' l'c'cs incurred in modifying and/or amending this Agreement at the Issuer's request or behest. Section6.03 Counterparts. This Agreement may De executed in any numt'~er of c,)untcrparts, each of which, when so executed :md delivered, shall be an original: but such counterparts shall together constitute bt~l olle a~ld the same Agreement, :And, in making prot>f of this Agreement, il shall not I~c necessary to produce or accounl for more than one such counterpart. Section 6.04 $cverabilit.v. If any clause, provision or section (>l'this ,,\grccmcnt shall Dc held illegal or invalid by any court, the invalidity of such clause, provision or section shall not al'l~ct any other provisions or sections hereof, and this Agreement shall be construed and cnlk)rccd lo thc end that thc transactions contemplated hereby be effected and the otMigations contemplated hereby }~c enforced, as if such illegal or invulid clause, provisic)n or section had n()t been c(mlai~cd herein. ,%ection 6.05 Term of Agreement. lLxcept its other\vise specitSed in this Agreement, this Agrecn'~cr~t a~ld ;.ill rcprcsenlations, 'vx.'arra~ltics, covenants a~ld agrccmctlts col'~taillcd hcrcit't or made in writing by the Issuer in connection herewith shall be in full force and effect from thc date hereof and shall ctmtinuc in effect until as long as tile Note is outstanding. ~qection 6.06 Notices. All notices, requests, demands and other cOmnlunicatiorts which arc required or may bc given under this Agreement shall be in writing and shall be deemed to have been duly given xvhcn received if personally delivered: when transmitted if transmitted by tclccopy, electronic telephone linc facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); thc day after it is sent, if sent by overnight common carrier service: and fqvc days allot it is sent, if mailed, ccrtilqed mail, 16t 4 rctnrn receipt requested, postage prepaid. In each case notice shall bc sent to: If Io the Issuer: Collier County, Florida 3301 Tamiami Trail East Naples, Florida 34112 Attn.: County Attorney If to thc Bank: NationsBank, N.A. Commercial Banking 4501 North Tamiami Trail Suite 400 Naples, Florida 34103 or to such other address as either party may have specified in wriling to tile other using tile procedures specified above in this Section 6.06. Section 6.07 Applicable Law. This Agreement, and cachoftht l.oan Documents and transactions contemplated herein, shall l~c construed pursuant to and governed by thc substantive laws ()f thc State of Florida. Section6.08 Binding Effect; Assignment. This Agreement shall hc binding upon and inurc to thc bcncfit of thc succcssors in interest and pcrmitlcd assigns of thc pm'tics. Thc Issuer shall have no rights to assign any of their rights or obligations hereunder without ~l~c prior wriucn consent of thc Bank. Section6.09 Conflict. In thc event any conflict arises between thc terms of this Agreement and tile terms of any other l.oan Document, tile terms of this Agreement shall govern in all instances of such conflict. Section 6.10 No Third Party Beneficiaries. It is thc intent and agreement of tile parties hereto lha! this Agrccmcm is solely for tile bencl]t of thc parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 6.11 Attorneys Fees. To tile extent legally permissible, thc Issuer and thc Bank agree that in any suit, action tlr proceeding brought in connection with this Agreement, the Notes, or thc Note Resolution (including any appeal(s)), tile prevailing party shall be entitled to recover costs and attorneys' fees from thc other party. Section 6.12 Entire Agreement. Except as othcrwist: expressly provided, tMs Agreement and the other Loan Documents embody the entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. In furtherance of and not in limitation of tile foregoing, that certain Request for Proposals dated March 4, 1999 and the response thcrcm of thc Bank arc hereby superseded to the extent any provision of this Agreement. thc Notes. or thc Note Resolution conllicts with a provision of said documents. ?;ection6.13 I:urther Assurances. Thc parties to this ,,\!~rcen~cnt v:ill execute :md deliver, or cause I~ be cxcculcd and delivered, such additional or further d~)cumcnts, agrccmenls of instru~tcllts and shall c¢~opcratc with one anod~cr in all respects !'or thc purpose of oul thc Ncctioti (~. 14 Intel'potation by l?,cfcrc~lct.'. ,,\Il of the forms and obligalions of thc Note Resolution arc hcrel'~x' incorporated herein t~x' reft:fence as il' sltid N~e ltcsolutioll xv'as l'ullv set forth in lhis Agreement. Scctio~6.15 (.'ost$ and lZxpcnses. Thc Issuer agrees lo pay all i-casot~ahlc costs and expenses incurred by thc flank in coll~lcctit~ll with thc preparation, execution alld delivery of this ,,Xgrccn~cnt, thc Note and thc l.oan and ai~y other docun~c~ls thai n~ay bc p~'cparcd or delivered in c<mncction with this Agreement, including xvitl~out limitation thc rcasonnblc fees and out of pocket may he required in connuctitm xvilh lhe opinion,s rufL'rretl to in %co,ion 5.02(c) Ib~' ,.XdvallCC5 otl~ur than 1110 first ,,Xdvancc. .<,eclion 6.10 ~\rbitration. ,,\nv controversy or claim between thc pal'l~cs hereto includit~g t~ut riel limited to those arising out of or relating to this Agrccmcnl or any related instruments, agreements or documents, including any claim t~ascd on or arising l'ro:~ an alleged tort. shall be determined by binding arbitration in accordance with the Federal ,.Xrbitration /\ct (et' if not applicable, tl~c applicable stats taw). thc Rules of Pt'acticc and Procedure for thc ,,Xrbitr',ttion ('ommcrcial l)isputcs ~f Judicial ~Xrhitration alltl Mediation Services, Inc. (J.,,X.N.I.S.). alld thc "Special Rules" set l'ord~ bclo~v. In thc event of any inconsistency, tl~c Special Rules shall Judgment upon any arbitrntion axvard may bc entered in any court having jurisdiction, tiithcr party to this tXgrcc~cnt n~ay bring an action, including a summary o~' expedited pr~>cccding, compel arbitralion of any controversy or claii~ to which this Agreement applies in any court having jurisdiction over such action. (a}Npccialle, ulcs. Thcarbitrad~nshallhcconductcd inthc(2t)llicrC~ounty, lqoridaand administered by lindisputc. Inc., d/t~/a .l.,,X.Nl.S./tindispute who will appoint an arbitrau~': if J..,X.M.S./fim~dist~utc is tinablc or Ic~gally pm'ccluclcd from administcri~g tl~c arbitration, thc'n thc ,,Xmcrican Arbitration :Xssociatitm will scrx'c'. ,.XIl arbitration hearings will he con~incnccd xvitlain 90 days t)l' Ibc clcnland for arbitration: further, thc arbitrator stlall o~lly, upon a she\ring t~I' cause. he permiltcd u~ extent thc commencement of such hearing for up to an additional 60 days. (b) t{cscrvatitm of Rights. Nothing in tl~is Agreement shall be deemed to (i) [itnit ttlc applicability of any otherwise applicalnlc statutc's of limitation or repose and any waivers conutined in this .~grccmcnt; or (ii) be a waiver by thc Bank of thc protection afforded to it by 12 ti.S.C. Sec. 91 or any substantially equivalent state laxv. or (iii') obtain from a court provisional or ancillary remedies such as (but not lin~itcd to) injunctive relief or ll~c appointment ora receiver. Thc l~ank may obtain such provisional or ancillary remedies before, during or after the pendency of anv arbitralion proceeding brought pursuant to this Agreement. Ncitl~cr thc institution or maintenance of an action for ancillary remedies st~all conslitutc a waiver of thc right of any party 10 16t 4 to arbitrate the merits of the controversy or claim occasioning resort to such remedies. No provision in the Loan Documents regarding submission to jurisdiction and/or venue in court is attended to be or shall be construed to be itl derogation of tile provisions of any Loan Document for arbitration of any controversy or claim. 11 16C 4 IN WITN[:,SS WHEREOF, thc parties have executed this Agreement to bc cft'cctivc btttwccn them as of thc Date of IZxecution set t'orth below. COLLIER COUNTY. FLORIDA (SEAL) ATTEST: Dwight E. Brock. Clerk By: Title: Chairman, Board of County Commission Deputy Clerk NATIONSBANK, N.A. Title: Vice President ¢;:\14184',t,3',l.oim Agrct'n~.'m~21 ~pd 1 2 LOAN AGREEMENT This LOAN AGREEMENT (the "Agreement") is made and entered into as of June 9, 1999, by and between the Collier County, Florida, a political subdivision of the State of Florida, and its successors and assigns (the "Issuer"), and NationsBank, N.A., a national banking association, and its successors and assigns as holder(s) of the hereinafter defined Note(s) (the "Bank"); WHEREAS, the Board of County Commissioners of the Issuer did, on June 8, 1999, adopt Resolution No. 99-'~5e(the "Note Resolution") authorizing, among other things the issuance of Promissory Notes of the Issuer in the aggregate principal amount not to exceed $10,000,000 (collectively, the "Notes") for the purpose of financing certain of the Costs of the Project (as defined in the Note Resolution); and WttEREAS, the Bank is willing to enter into this Agreement with tile Issuer to provide the financing for the Costs of the Project; and WttEREAS, tile Issuer hereby determines that it is desirable and in the best interest of tile Issuer to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the purpose of financing the Costs of the Project (the "Loans") and to evidence the repayment of such Loans by the issuance and delivery of the Notes to 'the Bank in the aggregate principal amount of the Loans; and WHEREAS, the Notes shall be issued pursuant to the terms and provisions of the Note Resolution and this Agreement; and WItEREAS, the execution and delivery of this Agreement have been duly' authorized by the Note Resolution. NO\V, TItEREFORE, the parties hereto, intending to be egally bound hereby and in consideration of the mutua! covenants hereinafter contained, DO ttEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS Section 1.01 Definitions. The words and terms used in this Agreement shall have the meanings as set forth in the Note Resolution and in the recitals above, unless otherwise defined herein. Unless the context shall otherwise require, the following words and trams as used in this Agreement shall have the following meanings: "Advance" means a borrowing of money under a Note, pursuant to Section 5.04 hereof. "Agreement" shall mean this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. 1.6 4 "Event of Default" shall mean an event of default specified in Article V of this Agreement. "I~oan" shall mcan the outstanding principal amount of the Note issued hereunder. "Loan Doculnents" shall mcan this Agreement, the Noles, the Note Resolution, and alt other documents, agreements, certificates, schedules, notes, statements, and opinions, however described, referenced l.terein or executed or delivered pursuant t.tereto or in connection with or arising with tile Loans or the transaction contemplated by this Agreement. "Noteholder" shall mean the Bank as the holder of the Notes, or any other registered holder of the Notes. Section 1.02 Interpretation, Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. Section 1.03 Titles and.lteadings. The titles and headings of the articles and sections of this Agreement have been inserted for convenience'of reference only and ar,' not to be considered a part hereof, shall not in any way modify or restrict any of tile terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS OF ISSUER Subject to tide Note Resolution, tide Issuer represents and warrants to the Bank that: Section 2.01 Pov,'ers of issuer. The Issuer is a political subdivision duly organized and validly existing as a county under the laws of the State of Florida. The Issuer has the power to borrow the amount provided for in tt.tis Agreement, to execute and deliver the Notes and this Agreement, to secure the Notes in the manner contemplated hereby and by the Note Resolution, and to perform and observe all the terms and conditions of tile Notes and this Agreement on its part to be performed and observed. The Issuer is or will be within the time required by law empowered to commence and prosecute the Project and the Issuer may lawfully issue the Notes in order to finance the Cost of the Project. Section 2.02 Authorization of Loan. Thc Issuer has had or ,,','ill have, as the case may be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver this Agreement, to issue, sell, and deliver the Notes to the Bank, and to carry out and consummate all other transactions contemplated by the Loan Documents, and the Issuer has complied and ,,','ill 1.6C comply with alt provisions of applicable law in all material matters relating to such transactions. The Issuer, by the Note P, esolution, has duly authorized the borrowing of the amount provided for in this Agreement, the execution and delivery of this Agreement, and the making and delivery of the Notes to the Bank provided for in this Agreement and to that end the Issuer warrants that it ',,,'ill take all action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Notes. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery, and performance of the Notes and the Loan Agreement and the taking of any and all other such action as may be required on the part of tile lssuer to carry out, give effect to and consummate the transactions contemplated by the Loan Documents. The Notes have been duly authorized, executed, issued and delivered to tire Bank and constitute legal, valid and binding obligations of tire Issuer enforceable in accordance with their terms and tile terms of the Note Resolution, and are entitled to the benefits and security of the Note Resolution and this Agreement. All approvals, consents, and orders of and filings with any governmental authority or agency which would constitute a condition precedent to the issuance of the Notes or the execution and delivery of or the performance by the Issuer of its obligations under the Loan Documents have been obtained or made and any consents, approvals, and orders to be received or filings st) made are in full force and effect. Section 2.03 Agreements. Thc making and performing bv tile Issuer ,~f this ,.Xgrccnlcnt will not vi()lzne any provision of the Act, or any bond or note rcsoluti~m {~l thc Issuer, or regulati~m, {)rdcr or decree of any court, and will not result in a breach {~f' any {,f thc terms {~f any agreement or instrument to which the Issuer is a party or by which the Issuer is bound. Thc Documents constitute legal, valid and binding obligations of the Issuer enforceable in with their respective terms. Sectitqn2.0-1 Litigation. Etc. There arc nnacti~,ns(~r prt~cccdings pending against thc Issuer or affecting thc Issuer which, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the Issuer, or which questions thc validity ()f this Agreement, the Notes or any of the other Loan Documents or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby. The Issuer is not in default in any material respect under any agreement or other instrument to which it is a party or by which it may be bound. Section 2.05 Financial. Information, The financial information regarding the Issuer furnished to the Bank by the Issuer in connection with the Loan is complete and accurate, and there has been no material and adverse change in tile financial condition of tile Issuer from that presented in such information. The Issuer shall annually, within 180 days after the end {>f each fiscal year of tile Issuer, provide tile Bank with such financial intkwmation as shall be necessary to enable the Bank to determine the alnount of and expenditures of Park Impact Fees and Non Ad Valorem P, evcnucs with respect to such fiscal year. Section 2.{.)6 Pledge of Funds. The Notes shall be secured by and thc Issuer has in tile Note Resolution granted to the Noteholder a pledge of the Pledged P, evcnucs. The Issuer hereby ratifies and affirms that the Notes arc issued subject to any and all provisions of the Note Resolution. ARTICLE 111 COVENANTS OF THE ISSUER Section3.01 Affirmative_._Covenants. Subject to the Note Resolution, tile Issuer covenants, for so long as any of the principal amount of or interest on thc Notes is outstanding and unpaid or any duty or obligation of the Issuer hereunder or uxldcr any of tile other Ix)an l)ocumcnts remains unpaid or unperformed, as follows: tn) Payment. The Issuer covenants that it shall duly and punctually paytl~eprincip:d of the Notes and the interest thereon at the dates and place and in tile manner prorided herein, in the Note Resolution and in tile Notes according tel tile true intent and me;~ning thereof. (bi Usc of i'rocccds. The Issuer covenants that the proceeds from the Notes will be used only fl)r Costs of Iht Project. (c) Notice of Defaults. Thc Issuer 9, hall within ten (10)days after it acquires knowledge hereof, notify the Bank in writing upon the happening, occurrence, (~r existence of any Event of Default, and any event or condition which with the passage of time or giving of notice, tlr both, would constitute an Event of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by thc Issuer with respect thereto. (d) Maintenance of Existence. The Issuer covenants that it will take all reasonable legal action within its control in order to maintain its existence until all amounts duc and owing ['rtml thc Issuer to the Bank under the Loan l)ocuments have been paid in full. (e) Records. Thc lssucr agrees that an5' and all records of thc Issuer with respect t~ the Project and/or tile Ix)an Documents shall be open to inspection by the [lank (~r its representatives at all reasonable times at the ofl~ccs thc Issuer. (fi Year 2000 Compliance. Thc Issuer will promptly notify thc Bank in the event thc Issuer discovers or determines thal any computer application (including those of irs suppliers and vendors) that is material to its ability repay the Notes will not be Year 2tX)0 compliant on a timely basis. The Issuer reasonably believes that all computer applications (including those of its suppliers and vendors) lhat arc material to its ability to pay principal of an interest on thc N{~tcs will rma timely basis be able to perform properly date-sensitive functions for all dates before after Janu:trv 1, 2000. Section 3.02 Ncgative_Co.x/enants. The Issuer covenants, for so long as any of tile principal amount of or interest on the Note is outstanding and unpaid or any obligations of the Issuer under any of the Loan Documents remain unpaid or unperformed, that: (a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action impairing thc authority thereby or hereby given with respect to tile issuance and payment of the Notes, without prior written approval of the Noteholder. (b) The Issuer shall not pledge or encumber tile Pledged Revenues except pursuant to the Note Resolution. Section 3.03 Incorporation of. Note.Resolution. All representations, covcnams and warranties of the Issuer contained in the Note Resolution are incorporated herein by reference to the same extent as if set forth verbatim herein and constitute part of this Agreement. ARTICLE IV TIlE IX)AN; ISSUER'S OBIAGATION; I)ESCIIlPTION AND PAYMENT TEP. MS; OIrI'IONAL I'REPAYMENT; ADVANCES Sectional.01 TheLoan, The Bank hereby agrees to Ioantottlelssuertheamount of up to $10,000,000 to bc evidenced by one or more Notes, in each case to provide funds to finance certain of the Costs of the Project, upon the terms and conditions set forth in the Note Resolution and in this Agreement. The Issuer agrees to repay the principal amount borrowed plus interest thereon, upon tile terms and conditions set forth in the Loan Documents. Section 4.02. Rcquisitions.for. Advances:Dthcr.Conditions. (a) The Issuer may borrow from time to time up to $10,000,000 represented by Notes by requesting Adwmces hereunder, provided that amounts borrowed may be repaid but may not be reborrowed, and provided further that no Advance ,,viii be made after June 9, 2004. Thc Issuer may not request more than one Advance in any month and no Advance may be for less than $100,000. (b) The [½ank shall not be obligated to Advance any funds units:; (i) no Ir. vent of Dcthult has occurred and is continuing; and (ii) tile Issuer delivers to tile Bank a ,,vriucn request for such Advance, executed by the Chairman, indicating the amount of the Advance requested, tile date on v:llich such Advance is to be made (which shall be not less than five (5) and not more tllan ten (10) Business Days after tile date such request is received by the Bank), stating that the representations and warranties of the Issuer contained herein are true and correct as of such date, stating the Maturity Date and v,,hether the Note is anticipated to be a "qualified tax-exempt obligation" withir~ the meaning of Section 265(b)(3) of the Code and the further conditions set forth in (c), below, shall have been satisfied. Unless a Note has a Maturity Date not later than June 9, 2004, the Note shall not be issued, nor shall tile Bank have any obligation to make the related Advance, unless 5 tile opinion of Bond Counsel referred to in (c)(ii) below shall state that Park hnpact Fees may lawfully be used to pay all of tile principal and interest on such Note, unless the Bank in its discretion should agree otherwise. (c) On the date of any Advance. ill addition to all other items required hereby, by tile Note P, esolution or by tile Note, on the date of any Advance, the Issuer shall deliver to the l:hmk the following: (i) the written opinion of tile County Attorney to the Issuer, itl form and substance reasonably satisfactory to tile Bank, to the effect that (a) the Note Resolution, this Loan Agreement and the Note are duly authorized, executed and delivered by tile Issuer, remain in full force and effect, and constitute the valid and binding obligations of the Issuer enforceable in accordance with their terms; (b) the rnaking of the Advance and the execution and delivery by the lssucr of the Note related thereto do not result in a violation of any provision of any of the Loan 13ocuments; and (c) to the best knowledge of the County Attorney, no Event of Default or event which with the passage of time or tile giving of notice, or both, would constitute an Event of Default exists; and (ii) an opinion of Bond Counsel acceptable to tile Bank. in fl)rm and substance acceptable to tile Bank. to tile effect that the interest on tile Note related to such Advance is excludable from tile gross income of tile Bank for federal income tax purposes, the Note and the interest thereon is exempt from all intangible personal property taxes and excise taxes on documents imposed by the State of Florida. if the Note is a "qualified tax- exempt obligation" within tile meaning of Section 265(b)(3) of the Code so stating, and. if the Note has a Maturity Date later than June 9, 2(')04, stating whether Park Impact Fees may lawfully be used to pay debt service on such Note; and (iii) such other instruments, docun'~ents and certificates as tile Bank may reasonably request in order to demonstrate that tilt Advance is being made in accordance with the terms hereof and applicable law. Section 4.03. Initial Advance. The Bank and the Issuer agree that on June 9, 1999 thc Issuer shall issue, and the Bank shall purchase with an Advance in tile amount t)f $4,275,000.00. tile Issuer's 54,275,000.00 Promissory Note (North Naples Community Park Project - 1999) (thc "1999 Note"). The 1999 Note shall have the Five Year Maturity Date and shall bear intercstat the rate of 5.80% per annum (the Five Year Non-BQ Ra~e). Section 5.01 Genera[. this Agreement if: ARTICLE V EVENTS OF I)EFAULT Alt "Event of Default" shall be deemed to have occurred under (a) The Issuer shall fail to make any payment of thc principal of or tile interest on thc l.oan within fifteen (15) days after the same shall become clue and payable, whether by maturity, by acceleration at Lhe discretion of the Bank as provided for in Section 5.02, or otherwise: or (b) the Issuer shall default in the performance of or compliance with any term or covenant contained itl the I.oan Documents, other than a term or covenant a default performance of which or noncompliance with which is elsewhere specifically dealt with, which default or non-compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to tile Issuer by the Bank; or (ii) tile BaTik is notified of such noncompliance or should have been so notified pursuant to the provisions of Section 3.01(c) of this Agreement, whichever is earlier; or (c) any representation or warranty made in writing by or on behalf of the Issuer itl any Loan Document shall prove to llave been false or incorrect in any material respect on the date made or reaffirmed; or (d) The Issuer admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assigninent for the benefit of its creditors or consents to tile appointment of a receiver or trustee for itself; or (e) The Issuer is adjudged insolvent t:;y a court of competent jurisdiction, or it is adjudged a bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order, judgment or decree is entered by any court of competent jurisdiction appointing, without the consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the (late of entry thereof; or (f) The Issuer shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable law or statute of tile United States of America or the State of Florida; or (g) The Issuer shall default in tile due and punctual payment or performance of covenants under any obligation for the payment of money to the Bank. Section 5.02 Effect of Event of Default. (a) General. Upon the occurrence of any [ivcnt of I)cfault, subject to thc provisions of the Note Resolution, the Bank shall have and may exercise any or all of the rights set forth herein (which rights are in addition to and not in lieu of any other rights the Bank may bare under applicable law) provided, however, the Bank shall be under no duty or obligation to do so. (h) Accelcration;_.Other_Remedies. Irnmediately and without notice, upon tile occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the Loan Documents to be immediately due and payable without further action of any kind and upon such declaration the Notes and the interest accrued thereon shall become immediately due and payable. Upon such declaration, tile Bank may also seek enR~rcclnent of and exercise all remedies available to it under tile Note Resolution, the Act and any other applicable law. ARTICI,E Vll MISCELLANEOUS Section 6.01 No_Waiver: Cumulatiwc Remedies. No failure or delay on thc parl of the Bank in exercising any right, power, remedy hereunder, or under tile Note or other l,oan Documents shall operate as a waiver of tile Bank's rights, powers and remedies hereunder, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or thc exercise of any other right, power or remedy herctmdcr or thereunder. The remedies herein and therein provided arc cumulative and not exclusive of any remedies provided by law or in equity. Section 6.02 Amendments, Changes.or Modifications to thc Agreement. This Agreement shall not be amended, changed or modified without the prior written consent of the Notcholdcrs and the Issuer. The Issuer agrees to pay all of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at tile Issuer's request or behest. Section 6.03 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original: but such counterparts shall together constitute but one and the same Agreement, and, ill making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 6.04 Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, thc invalidity of such clause, provision or section shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and tile obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not bccn contained herein. Section 6.05 Term_of Agreement. Except as otherwise specified in this ,,\grccmcnt, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by tile Issuer in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section 6.06 Notices. All notices, rcqucsts, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given whert received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common carrier service; and five days after it is sent, if mailed, certified mail, 160 return receipt requesled, postage prepaid. In each case notice stlall be sent to: If to tile Issuer: Collier County, Florida 3301 Tamianli Trail East Naples, Florida 34112 Attn.: County Attorney If to tile Bank: NationsBank, N.A. Commercial Banking 4501 North Tamiami Trail Suite 400 Naples, Florida 34103 or to such other address as either party may have specified in writing to the other using the procedures specified above in this Section 6.06. Section 6.07 Applicable_Law. This Agreement, and each of the l.oan Documents and transactions contemplated herein, shall be construed pursuam to and governed by the substantive laws of the State of Florida. Section 6.08 Binding Effect; Assigmnent} This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties. The Issuer shall have no rights to assign any of their rights or obligations hereunder without tile prior written consent of the Bank. Section 6.09 Conflict. In the event any conflict arises between tile terms of this Agreement and the terms of any other Loan Document, the terms of this Agreement shall govern in all instances of such conflict. Section 6.10 NoJi'hird. Party Beneficiaries. It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 6.11 Attorneys Fees. To the extent legally permissible, tile Issuer and thc Bank agree that in any suit, action or proceeding brought in connection with this Agreement, the Notes, or tile Note Resolution (including any appeal(s)), tile prevailing party shall be entitled to recover costs and attorneys' fees from tile other party. Section 6.12 Entire Agreement. Except as otherxvise expressly provided, this Agreement and the other Loan Documents embody tile entire agreement and understanding between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. In furtherance of and not in limitation of the foregoing, that certain Request for Proposals dated March 4, 1999 and the response thereto of the Bank are hereby superseded to tile extent any provision of this Agreement, the Notes, or the Note Resolution conflicts with a provision of said documents. Section 6.13 Fui'ther.AssuraI~ccs. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreemep, ts or instruments and shall cooperate with one another itl all respects for thc purpose of out the transactions contemplated by this Agreement. Section 6.14 Incorporation by Reference. All of thc terms and obligations of thc Note l¢,esolution are hereby incorporated herein by reference as if said Note Resolution was fully set forth in this Agreement. Section 6.15 Costs.and Expenses. The Issuer agrees to pay all reasonable costs and expenses incurred by the Bank in connection with the preparation, execution and delivery of this Agreement, the Note and the l,oan and any other documents that may bc prepared or delivered in cormcction with this Agreement, including without limitation the reasonable fees and out of pocket expenses of the Bank's attorneys with respect thereto, such attorrteys fee.'; to be in a total amount of $I0,000.00 in connection with the first Advance. Tim Issuer shall pay any attorrmys fees as may be required itl connection with the opinions referred to in Section 5.02(c) for Advances other than the first Advance. Section 6.16 Arbitration. An,,,, controversy or claim between thc parties hereto including but not limited to those arising out of or relating to this Agreement tlr any related instruments, agreements or documents, including any claim bas}2d on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law), the Rules of Practice and Procedure for thc Arbitration of Commercial Disputes of Judicial Arbitration and Mediation Services, Inc. (j.A.M.S.), and the "Special R. ulcs" set forth belov,'. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be cnlercd ill any court having jurisdiction. IEilhcr party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Agreement applies in any court having jurisdiction over such action. Ca) Special l,',ulcs. Thc arbitration shall beconductcd in the Collier (7ounty, }florid:land administered by I:,ndispute, Inc., d/b/a J.A.M.S./Endispute who will appoint an arhitrntor: if J./\.M.S./Endispute is unable or legally precluded from administering thc arbitration, then thc American Arbitration Association will serve. Alt arbitration hearings will be commenced within 90 clays of tile demand for arbitration; further, tile arbitrator shall only, upon a showing of cause, be permitted to extent the commencement of such hearing for up to an additional 60 days. Cb) Reservation of Rights. Nothing inthis Agreement shall be deemed to (i) limit thc applicability of ally otherwise applicable statutes of limitation or repose and any waivers contained in this Agreement; or (ii) be a waiver by thc Bank of tile protection afforded to it t'~y 12 1. J.S.C. Sec. 91 or any substantially equivalent state law, or (iii) obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief or thc appointment of a receiver. The Bank may obtain such provisional or ancillary remedies before, during or after the pendency of arty arbitration proceeding brought pursuant to this Agreement. Neither the institution or rnaintenarme of an action for ancillary remedies shall constitute a waiver of the right of any party I0 to arbitrate the merits of the controversy or claim occasioning resort to such remedies. No provision in the Loan Documents regarding submission to jurisdiction anti/or venue in court is attended to be or shall be construed to be in derogation of the provisions of any Loan Document for arbitration of any controversy or claim. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between them as of the Date of Execution set forth below. (SEAL) CO~UNTY, FLORIDA NATIONSBANK, N.A. By: Title: Vice President 11 June 9, 1999 $4,275.000 COLI.IER COUNTY, FI. ORIDA PROMISSORY NO'rE (North Naples Community Park Project - 1999) KNOW ALL MEN BY THESE PRESENTS that Collier County, Florida (the "Issuer"), a political subdivision of the State of Florida created and existing pursuant to the Constitution and the laws of the State of Florida, 'for value'received, promises to pay from the sources hereinafter provided, to the order of NationsBank,~ N.A. or registered assigns (hereinafter, the "Owner"), the principal sum of 3,4,275,000.together with interest on the principal balance outstanding at the rate per annum of 5.80% (subject to adjustment as hereinafter provided) based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note :Irc payable in lawful money of thc United States of America at such place as the Owner may designate to the Issuer. Installments of principal and interest on this Note shall be payable in ten equal installments of ,$499,730.13 each, due on each June 9 and l)ecember 9, commencing I)ccember 9. 1999, to and including June 9, 2(K)4 (the "Maturity Date"). The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be Glue and payable in full on the Maturity Date. All payments by the Issuer pursuant to this Note shall apply first ti) accrued interest, then to other charges due the Owner, and the balance thereof shall apply to the principal sum duc. As used in this Note, (I) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; (2) "l)etermination of Taxability" shall mean interest on this Note is determined or declared to be includable in the gross income of the Owner for federal income tax purposes under the Code by reason of legislation, judgrnent of a court of competent jurisdiction or a final ruling or regulation of the Internal Revenue Service. Upon the occurrence of a Determination of Taxability. the interest ram on this Note shall be adjusted to a rate equal to 154% of the interest rate otherwise borne hereby (the "Adjusted Interest Rate") calculated on the basis of a 360-day year for the actual number of days elapsed, as of and from the date such determination would be applicable with respect to this Note (the "Accrual Date"); and (i) the Issuer shall on the next interest payment date hereon pay to the Owner, or any former Owner, as may be appropriately allocated, an amount equal to the sum of (1) the difference between CA) the total interest that would have accrued on this Note at the Adjusted lnterest Rate from the Accrual Date to the date of the Determiru~tion of Taxability, and CB) the actual interest paid by the Issuer on this Note from the Accrual Date to the date of Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes imposed upon such Owner anti/or former Owner arising as a result of such Determimation of Taxability; and (ii) from and after the Determination of Taxability, this Note shall continue to bear interest at tile Adjusted Interest Rate for the period such determination continues to be applicable with respect to this Note. This adjustment shall survive payment of this Note until such time as the federal statute of limitations under which the interest on ti'tis Note could be declared taxable under the Code shall have,expired. ., , The principal of and interest on this Note may be prepaid at the option of the Issuer in whole or in part at any time. There'shall be no prepayment premium or penalty. Prepayments of principal shall be:,appl!ed to the scheduled installments. '; ~':,..-.;l'~- {' -- :--,}.,-,~.:, , . , .... , -. · . ~', - '.'.., ', ' '.. ': ',,' Upon the occurrence of an Event of Default (as defined in the I.,oan Agreement) (as defined in the Resolution) then the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, tile Issuer shall also be obligated to pa9 (but only from the Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without limitation, claims, disputes and proceedings seeking adequate protection or relief from the automatic stay. Interest at ti~e lesser of 12% per annum or the maximum lawful rate [')er annum shall Ix: payable on tile entire principal balance owing hereunder from and after tile occurrence of and during tile continuation of a default described in tile preceding paragraph, irrespective of a declaration of maturity. 'File Issuer to the extent permitted by law hereby waives presentment, demand, protest and notice of dishonor. TillS NOTE AND THE INTEREST ttEREON DOES NOT AND StlALL NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BtrI' St-tAI,L BE PAYABLE SOLELY FROM TttE MONEYS AND SOUP, CES Pi,EDGED TtIEREFOR. NEITttER'FttE FAITH AND CREI)IT NOR ANY AD VALOREM TAXING POWER OF THE ISSUER. Tile STATE OF FLORIDA OR ANY POIYI'ICAL SUBDIVISION THEREOF IS PI,EDGED TO TItE PAYNIENT OF 'FILE PRINCIPAL OF OR INTEREST ON Tills NOTE OR OTIIER COSTS INCIDENTAL tIERETO. This Note is issued pursuant to a Resolution duly adopted by the Issuer on June 8, 1999, as from time to time amended and supplemented (herein referred to as the "Resolution"). and is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of the Resolution are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution. This Note is payable solely from and is secured by a lien upon and pledge of tim "Pledged 2 Revenues" as described in thc Rcsdution. Notwid~standing any other provision of d~s No~c~ ~c Issuer is not and shall not be liable for the payment of the principal of and interest on this Note or otherwise monetarily liable in connection herewith from any property other tha~ thc Pledged Revenues. : This Note may be exchanged or.transferred by tile (-)wner hereof but only upon the registrar!on b, ooks maintained by the Issuer,and in the manner provided in die Resolution. · -. i :: ........ ~ ...... ,;, - ;' · ~i .... ;t' -,ii'" ' '" '' ' '' '' i .~ '' '' : .... II ', ..... '!" ii!', 'i' "; "It is her?by]certified, recited and declared that ail acts, conditions and prerequisites required x',, '.:" !! ].;}. to exist, happen and be performed precedent to'and in the execution,! delivery and the issuance of this ',;" . ;::":.:i Note do exist', have happened and have been performed in due time, form and manner as required ~ .:. ,.~.,.:'.:, by.law, and that the issuance of this Note is in full compliance.with and does not exceed or violate ,1 , ; ;' any constit,utional or statutory limita, tion.'i' .", :., IN WITNESS WHEREOF, Collier County, Florida has caused this Note to be executed in i its name by the manual signature of its Chairman and attested by the manual signature of its Clerk, and its seal to be impressed hereon, all this 9th clay of June, 1999. [SEAL] 2,,.~ ~tte~,.,~ ~"~1~' ' ~ Collier County. FlorMa ..... , .... ~ - "., ' .' : ,,. ., (Fom~ for Transf r) . .. '.... ;. , FOR VALUE; RECEIVED," thelundersigned hereby sells, assigns and transfers unto ,i ' ' '-: ..... (Tax Identification or Social Security No.__) the. within Note and all rights :i"~!'':I',I.'.':.'I''7' thereunder, and hereby irrevocably'constitutes and appoints attorney to ~ l. I':'; ',~.'' transfer the within.Note on the books for registration thereof,:with full power of substitution in the , ' ';-'.': ~ ! ?::.: ~ ', .-- :' '.i~.":..":ti:": i!-:~l.~' ii-;ii..~'-:~:-..--'.~:~"':~,7 : :-"::.7 ".'. ' :' .' ~' . .', I. i~ .... :;;--l~.prermses ..... ~ .....it-..t~-,-ll.,,,,.,~-.-~: .... i{'->~"il--'.;1 ...... ) ....t 'Il'" I ": '" !: ' ' ' _ I. ': ; , .; I t~,"?,'!l:h',';:: . :~ .... ~ ::,ti-...*.l~.-','7;ll';';:l~,,.'T','..li;;~,,t~.'T;::~t~'7',.~: ,:;~7,:':i~:7: ~,..":,:': .:" :~.,'' .';., .,, ~. , ......... , ..... t .... *-.:.!i--.I-.... ~'1 ........... t,~ , .... t$ ........... ~ .......... 1' ' , · ! ,,,. ~t II ..... .t~ ...... I..~l .... ,,,.,,1t .... [~ ..... }1 ..~.,., .... ,,,..i., ..., .., .. ..... ,. ,,. I !1 ..... I- 't ....11:'-~l-_' .,'-'I -'~,1':..-.'ii,-'.,,12"'7.,I ~.'"i :~:, ..'z:t[.. t .... ! .....--..; ....I ................... 11' .~kill'--' ',. .... , . : , ~._.'.;, _..~ ~ ....... t ', ~ . ' - .- ' - ' · ,: · ' . ~I- . ~ ....... ,z --- ated, . , ........... 1,..,... ..... t'* .... · :' ' ........ ~t .,.. ,1{..:P .~ ., ,,,.,,,ll~,. it ,, ,,~~.,..~., ~l ._. ~ ~ . _lt.. , , .. , .... '[,,r.'.~ ~.'-"--.- "--! ' · ' ','";. 1.'t} .... Ct----If ..... i,. -, ' 'it ..... t: .... , ...... !j .-t*-.--,! .... :.NOTICE:, The smnature to thTs asstgnment must:.., l, ~,1.~.~2117.'-~i! .Z.':l' :I_ .l ... ';:'-% '1 ';'--,/;12 .... i L25~I,-~.;II'~-' . . . ~' - - .... }! l: .... ; i '-' It'- - i ~ - i ...... , ·. i, ~ -- ~ ,, ,.,., -~.}1 r.:-.: r: correspond wlm the name as ~t appears upon me ': ~ . ~ 2.2' [1:2:':.{ ",'. '. ' ''.. ' '.::}12,,,'~:~:. .L2: 2/25'. , ,.' · -' · 'i I{ ..... ~ ,, ~t ..... , , , *~ ...... ~ ,, .face of. the within Note in eve amculah .... .................. , .. ~, .... :. · I., ! .-.-., :,'" ~.._ , _. ry p . '-. ,: .'r'l:..-.-.,:::;.l,: 7.,1...,..::.-.,~.. ",",7:'l.'~7,[4V:,~'.~7:},G'~kj:i:t,vithout alteration of enlargement or any change!' !!:1 ' ffi 1{..","..'::~, .','. 1. ". ,'...~:...,'-,,.~:. , '., ..... ',,,h~,,,,,,'.. :,-,.." .... ' · ', ' .... I:7-' ':'."!~ .... :'"~';;" ':,' .... ~:)i,'-".::' I)'; "~''.",~)7~ ', , ~,' ,' :::'" ,,',"~ ,, -.', , , '" .~: :,, )~ .... ',.. : , ~ ...... , .... ~... ,. . ~ . ~i In the presence of: ' $4,275,000 COLLIER COUNTY, FI.ORIDA PROMISSORY NOTE (NORT}I NAPLES COMMUNITY PARK PROJI:;CT - i999) GENER~\L CERTiFiCATE .OF .TilE I. SSUER We, ~he undersigned^Chairman, Board of County Commissioners (Ibc "Chairman. Board of County Commissioners") ~nd Clerk (the "C~erk') of the Board oE County Commissioners (the "Governing Body") of Collier County', Florida (the "Issuer"), DO HEREBY CERTIFY as follows' l. We are tim qualified and acting Chairman, Board of County Commissioners and Clerk of thc Issuer. 2. All of the members of the Governing Body have duly filed their oaths of office and such of them as are required by' law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required bv law. 3. The Chairman, Board of County Commissioners has signed tile above-referenced ~Note (the "Note") and the Loan Agreernent, dated June 9, 1999 (tile "Agreement") between the Issuer and NationsBank. N.A. by his manual signature, and the manual signature appearing on the Note and the Agreement and the manual signature at the end of this certificate are each the true and lawful signature of the Chairman, Board of County Commissioners. 4. The seal of the Issuer was impressed upon the Note and tile Agreement. and attested by the manual or facsimile signature of the Clerk. Such seal and signature appearing on the Note and the Agreement and the manual signature of the Clerk and the impression of tile seal of the Issuer at the end of this certificate constitute the true and lawful seal of the Issuer and tile signature of tile Clerk, respectively. 5. Resolution No. 99-zr>~the "Authorizing I_.e~islation") as certified by the Clerk as of the date hereof has not been modified, amended, altered or repealed in an',' way after its date of adoption, and is now in full force and effect. 6. The Note and the Agreement, as executed and delivered, arc in substantially tile forms approved by the Governing Body' in the Authorizing Legislation. 7. The Issuer has authorized by all necessary action the adoption and duc pertbrmancc of the Authorizing Legislation and tile execution, delivery and due performance of the Note and the Agreement and, to the best of our knowledge, any and ali such other agreements and documents as may be required to be executed, delivered and received by' tile issuer to carry out, give effect to and consmrunate the transactions contemplated by the Authorizing Legislation. 8. No litigation is pending or, to our knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Note or the Agreement or (ii) in any way contesting or affecting lhe validity of tile Note or the Agreement or the Authorizing Legislation or lhe application of tile proceeds of tile Note, or the levy or collection or distribution of the amounts pledged to repayment of the Note. or the ptcdge thereof as security for thc Note, or (iii) contesting tile power of the Issuer tlr its authority for the issuance of tile Note or tile adoption of the Authorizing Legislation or (iv) contesting the tax-exempt status of interest on the Note. 9. No litigation is pending or, to our knowledge, threatened, (i) against thc Issuer or involving any of the property, assets or operations under the control of tile Issuer which involves the possibility that a judgment or liability, not fully covered by insurance or adequate established reserves, may be entered or imposed against the Issuer or which may result in any material adverse change in the business, properties, assets or in the condition, financial or otherwise, of the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect upon thc security provided lbr the Note pursuant to the Authorizing Legislation and thc Agreement. 10. No litigation is pending or, to our knowledge, threatened lo contest tile creation, organization, cxislcnce or corporate powers of the Issuer, or of the Governing Body, or the title to office of its present members, or thc members at any time material to ~:hc issuance of thc Note or thc Agreement, or of any other officer of the Issuer. I I. The execution, delivery, receipt and duc performance of the Note and lhe Agreement under the circumstances contemplated thereby and the Issuer's compliance with tile provisions thereof (i) to the best of our knov,'ledge ',viii not conflict with or constitute on tile Issuer's part a material breach of or a default under any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order or (ii) ,,,,,ill not conflict with or constitute on the Issuer's part a material breach of or a default under any agreement, indenture, bond, note, lease or other instrument to xvhich tile Issuer is subject or by which the Issuer is or may be bound, and to the best of ()ur knowledge no event has occurred and is continuing xvhich with the passage of time or the giving of notice, or both, would constitute a default or event of default under an.,,, such instrument, nor will such execution, delivery, adoption, or compliance result itl thc creation or imposition of any lien. charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of tile Issuer except as provided by the Note, tile Agreement and the ^uthorizing Legislation. 12. Attached hereto as Exhibit A is a specimen of the Note, in registered form, which specimen is identical in all respects to the Note ti'tis date delivered to thc Original Purchaser (as defined in the Authorizing Legislation). 13. The undersigned Chairman, Board of County Commissioners has ri,et, and to the best knowledge of the undersigned no members of the Governing Body have, while meeting together with any other member or members of the Governing Body other than at public meetings of the Governing Body, reached any conclusion as to tile aclions taken by the Governing Body with respect to the Note or the Agreement, the security therefor, or the application of the proceeds therefrom, or any other material matters with respect to tile Note or tile Agreement. 14. The undersigned do not, and to tile best of their knowledge alld belief no member of the Governing Body does, have or hold any employment or contractual relationship with any business entity which is purchasing the Note from the Issuer except as fully and fairly disclosed in compliance with the provisions of Section 112.3143, Florida Statutes. 15. Thc Issuer hereby certifies that the interest rate borne by thc Note docs not exceed the limitations set forth in Section 215.84, Florida Statutes. IN WITNF. SS WItEREOF, we have hereunto set our hands anode.iht official seal of thc Issuer, and have indicated our respective official titles, all as of the)tli day of June, 1999. Signature OfficiatTitl~' ] .t J //"l/ /_ Chairman rd o f ~4~]2 ntykO~rh ik~ i0 ne r s (,M/TEST: Clerk DWIGHT E. BROCK,' CLERK ,:~,. -- beputy 'C]erk Attest ~ to 'C~M ,r~ $' signature onlj. (Official Seal) June 9. 1999 $4.2'75.000 COLLIER COUNTY, FLORIDA PROMISSORY NOTE (North Naples Community Park Project - 1999') KNOW AIA. MEN BY TItESE PRESENTS that Collier County, Florida (the "Issuer"), a political subdivision of the State of Florida created and existing pursuant to the Constitution and thc laws of the State of Florida, for value received, promises to pay from thc sources hcrcinafter provided, to the order of NationsBank, N.A. or registered assigns dmreinafter, the "Owner"), the principal sum of $4,275,000 together with interest on the principal balance outstanding at thc rate per annum of 5.80% (subject to adjustment as hereinafter provided) based upon a year of 360 days for the actual number of days elapsed. Principal of and interest on this Note arc payable in lawful money of the United States of America at such place as the Owner may designate to tile Issuer. Installments of principal and interest on tl~is Note shall be payalalc ira ten equal in~';tallmcnts of,$499,730.13 each, due on each June 9 and December 9, commencing December 9, 1999, to and including June 9. 2004 (the "Maturity Date"). The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date. All payments by the Issuer pursuant to this Note shall apply tlrst to accrued interest, then to other charges due thc Oxvner, and the balance thereof shall apply to thc principal sum due. As used in this Note, (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; (2) "l)etcrmination et Taxability" shall mean interest on this Note is determined or declared to be includable in thc gross income of the Owner for fed'oral income tax purposes under tile Code by reason of legislation, judgment of a court of competent jurisdiction or a final ruling or regulation of the Internal P, evenue Service. Upon thc occurrence of a Determination of Taxability, tile intcr,:st rate on this Note shall be adjusted to a rate equal to 154 % of the interest rate otherwise borne hereby (tile "Adjusted Interest Rate") calculated on the basis of a 360-day 5'car for the actual number of days elapsed, as of and from the date such determination would be applicable with respect to this Note (tile "Accrual Date"); and (i) the Issuer shall on the next interest payment date hereon pay to the Owner, or any former Owner, as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on this Nole at the Adjusted Interest Rate from the Accrual Date to tile date of tile Determination of Taxability, and (B) the actual interest paid by the Issuer on this Note from the Accrual Date to the date of Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes 4 imposed upon such Owner and/or former Owner arising as a result of such Dcterminalion of Taxability; and (ii) from and after the Dcterminatiml of Taxahility, this Note shall continue to bear interest at tile Adjusted Interest Rate for thc period such determination conlimics to he applicable with respect to this Note. This adjusunent shall sur¥ivc paymcnt of this Note unlil such time as the federal statute of limitations under which the interest on this Note could be dccta, red taxable under tile Code shall have expired. Thc principal of and interest oil this Nolc may bc prepaid at thc option of thc Issuer in whole or in part at any time. There shall be no prepayment premium or pcrmlty, t'rcp:~ymcnts of principal shall be applied to the scheduled installments of principal hereon in inverse order of maturity. Upon the occurrence of an Event of Dcfautl (as defined in the l.oan Agreemem) (as detlned in the Resolution) then the Owner may declare thc entire debt then remaining unpaid hereunder immediately due and payable; and in any such dehult and acceleration, tile Issuer shall also be obligated to pay (but only from tile Pledged Revenues) as part of tile indebtedness evidenced b)' this Note, all costs of collection and enforcement hereof, including such fees :as may be incurred on appeal or incurred in any proceeding under t~ankruptcy laws as they now or hereafter c×ist, including specifically but without limitation, claims, disputes and proceedings sec'king adequate protection or relief from the automatic stay. Interest at tile lesser of 12% per annum or tile maximum lawful rate per annum stroll be payable on tile entire principal hahmce owing hereunder from and after tile occurrence of and during the continuation of a default described in the preceding paragraph, irrespective of a declaration of maturity. The Issuer to the extent permitted by law hereby waives presentment, demand, protest and notice of dishonor. 'FillS NOTE ANI) TIlE IN'TF~RF~ST }tEP, EON DOES NOT/',,ND SftALL NOT CONSTITUTF_. A GENERAl_. INDEBTEDNESS OF 'File ISSUER WITHIN TtlF. MEANING ()}: ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SttALI. BE PAYABLE SOLELY FROM TltE MONEYS AND SOURCES PLEDGED TttEREFOR. N}:_.ITItER THE FAITH AND CREI)IT NOP, ANY Al) VALOREM TAXING POWER OF Till'; ISSUER, TIlE STATE OF FLORIDA OR ANY t'OI.ITICA1, SUBDIVISION Ttt[:.RF.O}: IS I'I.F_I.)G[-H)TO TIlE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR (.)TILER COSTS INCIDEN'FAL HERETO. This Note is issued pursuant to a Resolution duly adopted by' tile lssucr on Jul'lc 8. 1999. as from time to time amended and supplemented (herein referred to as the "Resolution"). and is subject to all tile terms and conditions of tilt Resolution. All terms, condititms and provisions of the Resolution are by this reference thereto incorporated tmrcin as a part of this Note. Terms used herein in capitalized form and not otherwise det-med herein stroll have thc meanings ascribed thereto in tile Resolution. TI'tis Note is payable solely from and is secured by a lien UpOll and pledge of tile "Pledged Revenues" as described in tile Resolution. Notwithstanding any other provision of this Note, the Issuer is not and shall not be liable for the payment of Ihe principal of arid interest on this Note or otherwise monetarily liable in connection herewith from any property other than thc Pledged Revenues. This Note may be exchanged or transferred by tile Owner hereof but only upon the registration books maintained by the Issuer and in tile manner provided in tile Resolution. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in tile execution, delivery and tile issuance of dlis Note do exist, have happened and have been performed in due time, form and manner as required by law, and ti'mt the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, Collier County, Florida [las caused this Note to be executed in its name by file manual signature of its Chairman and attested by the manual signature of its Clerk, and its seal to be impressed hereon, all this 9th day of June, 1999. [SEAL] Attest: Collier County, Florida By: Chairman Clerk (Form for Transfer') FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Tax Identification or Social Security No.m_ ) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Note on the books for registration thereof, with full power of substitution in the premises. Dated NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Note in every particular, without alteration of enlargement or any change whatever. In the presence of: 4 1VIOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND &; SItEEIIAN, A'Iq'ORNEYS AT LAW 625 North Flagler Drive - 9~' Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 MARK E, RAYblOND Direct Line: (561) 822-0380 E-mail: mraymond@moylelaw.com Telephone: (561) 659-7500 Facsimile: (561) 659-1789 Other Offices: Tallahassee, FL (850) 681-3828 Palm Beach Gardens, FL (561) 625-6480 June 10, 1999 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 CERTIFIED. MAiL RETURN RECEIPT_REQUESTED RE' Collier County, Florida, $4,275,000 Promissory Note (North Naples Community Park Project- 1999) Ladies and Gentlemen: Enclosed herewith please find Form BF-2003/2004-B for the above-referenced financing. No disclosure document was used for this financing. If you would like any further information in regard to this matter, please do not hesitate to call. MER/wp Mark E. Raymond STATE OF FLORIDA ~ 6 r~.j 4 ~ DIVISION OF BOND FIN~CE -- LOCAL BOND MONITORING SECTION o This form represents an update and compilation of the BF2003, BF2004-A and BF2004-B foms. Bond Information forms (BF2003) are required to be completed by local governments pursuant to Chapter !9A-1.003, Florida Administrative Code (F.A.C.)~ Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated Sale) as required to be filed with the Division within 120 days, of the delivery of the issue pursuant to Sections 218.38(1)(b)1 and 218.38(1) (c)l, Florida Statutes (F.S.), respectively. Final Official Statements, if prepared, are required to be submitted pursuant to Section 218.38(1) , F.S. Please complete all items applicable to the issuer as provided by the Florida Statutes. PURSU~4T TO SECTION 218.369, F.S., ISSUERS OF BOND ~TICIPATION NOTES t~E EXE"M~T FROM THESE FILING REQUIREMENTS. BF2003 BOND IN-FORF~ATION FORM PART I. ISSUER INFOR~TION 1. NAME OF GOVERNMENTAL UNIT:_Collier County0_Elorida 2. MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS MANAGER:_3301. East Tamiami Trail, Naples .... Elorida... 34112 3. COUNTY(IES) IN WHICH GOVEPaNMENTAL UNIT HAS JURISDICTION: Collier TYPE OF ISSUER: X. COUNTY ....... INDEPENDENT SPECIAL DISTRICT ..... SPECIFY OTHER CITY AUTHORITY ._ DEPENDENT SPECIAL DISTRICT PART II. BONqD ISSUE INFORMATION 1. NA>:E OF BOND ISSUE: Promissory. Note_ (North Naples Com.,r,~.unity Park Project 1999) 2. AMOUNT iSSUED: S 4,275,000 ..... 3. AMOU;,'T AUTHORIZED:$4,275, 00O 4 DATED DATE: ~-/9/q~ 5 .~,,~L,, DATE: 7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 125 SPECIAL ACTS OTHER 8. TYPE OF ISSUE: GENERAL OBLIGATION SPECIAL ASSESShhE,UT OBLIGATION .X REVENUE . . COP (CERTIFICATE OF PARTICIPATION) . _ BA/qK LOAN/LINE OF CREDIT ~,'~ FEC I AL LEASE - PURCHASE 10. A. IS THiS A PRIVATE ACTIVITY BOND (PAB) ? YES B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? 2. IF YES, AMOUNT OF ALLOCATION: SPECIFIC REVENUE(S) PLEDGED: (1) PRIMARY Park _Impact Fees (2) SECONDARY _Non-Ad l/alorem.Revenues. (3) OTHER(S) .................... :,l ';'ES NO 14 11. A. PURPOSE(S) OF THE ISSUE: PRIMARy --Acquisi.tion. and-improvement, of. a Park (2) SECONDARY (3) OTHER(S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: {1) FOR EAC}{ ISSUE REF~ED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE (PRINCIPAL AMO~T) OF ISSUE, ~D ~O~T OF PAR VALUE (PRINCIPAL ~OUNT REF~DED. ) ----RETIRED OR .... DEFEASED (3) A DID THE REFt;DING ISSUE CONTAIN NEW MONEY? ...... YES B. IF YES, APPROXI~TELy W~T PERCENT OF PROCEEDS iS NEW MONEy? ............... % 12. TYPE OF SALE: ....... COMPETITIVE BID PLACEMENT ...... NEGOTIATED. X_ NEGOTiATED PRIVATE 13. BASIS OF INTEREST ~TE CALCUlaTION I.E. INTEREST P~%TE USED TO STRUC~RE THE BOND ISSUE: ' , NET INTEREST COST ~TE (NIC) ....... % TRUE INTEREST COST RATE (TIC) CANADIAN INTEREST COST ~TE (CIC) % SPECIFY OTHER: ............ % ARBITP~GE YIELD (ARBI)~ 5.88% INS~NCE/E~D{~CEMENTS: AGIC ~BAC . CGIC CL [C FGIC FSA _HUD ._ MBIA ..... NGM . LOC(LETTER OF CREDIT) SPECIFy OTHER -.X_ NOT INS~ED 15 16 RATING(S) :. MOODY'S -X..NOT RATED DEBT SERVICE SCHEDULE: S&P ..... FITCH DUFF&PHELPS SPECIFY OTHER ATTACH COh'PLETE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORMATION: MATURITY DATES {MO/DAY/yR) COUPON/INTEREST RATES A~4NUAL INTEREST PAYMENTS PRINCIPAL (PAR VALUE) PAYMENTS MANDATORy 7'E~M AMORTIZATION ,17. LIST OR ATTAC}{ OPTIONAL REDEMPTION PR ~n-whole_.or__in~part ,OVISIONS: May. be prepaid at an}. time 18. PROVIDE THE N~3<E ;tND ADDRESS OF THE SENIOR MANAGING L7JDERWRITER OR SOLE PURCHASER. NationsBank,_N.A. 4501 North.Tamiami Trail, .Suite Naples, FL 34013 4 PROVIDE THE NAME (S) ,%ND ADDRESS (ES) OF ANY ATTORNEY OR FINANCIAL CONSULTANT WHO ADVISED THE I/NIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE. X_ NO BOND COUNSEL _ NO FINANCIAL ADVISOR X._ NO OTHER PROFEssIoNALS BOND COUNSEL(S) FINANCIAL ADVISOR (S) /CONSULTANT (S) : William_R .._Hough_& Co ........................ . 500-.-Fir th..Avenue South .... Suite .501 .............. ~ _ Naples .... FL __ 3.g102 .............................................._. _. OTHER PROFESSIONALS: 22. COMMENTS: -None " '- -- X NO REGZST~ P~T ZZZ. RESPOt~E~ ZNFO~TION '-- FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT: Name and Title .Mark ~..-Ra~o~d,...Ba~k._Cou~sel. Company Moyle,_Flanigan Katz, Kolzns. Phone S61 8~ 0380 _ party .......................- .................................. Phone' uate Report Submftted ..... BF2004-A ~nd B~2004-B Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND ISSUES EXCEPT THOSE SOLD PURSU~{~ TO SECTION 154 PARR' III,. SECTIONS 159 PARTS II, III OR V~ OR SECTION 243 P~T II, FLORIDA STATUTES. 23. ANY FEE, BONUS, OR GP~A173ITY PAID BY ~ UITDERWRITER OR FINANCIAL CONSULTA2~, IN CONNECTION WITH THE BOND ISSUE, TO ;UNY PERSON NOT..REGUi2YRLY EMPLOYED OR ENGAGED_BY SUCH UNDERWRITER OR CONSULTANT: NO FEE, BO}~US OR GRATUITY PAID BY U'N'DERWRITER OR FINANCIAL CONSULT;LNT (1) COMPANY NAME FEE PAID: $ ..................... SERVICE PROVIDED or FUNCTION SERVED: (2) COMPANY N~J~E FEE PAID: $ .... -- ........... SERVICE PROVIDED or FUNCTION SERVED: {3) COMPANY NAME FEE PAID: $ ............... 160 SERVICE PROVIDED or FUNCTION SERVED: (4) COMP;d;y NAME '- FEE PAID: $ .... SERVICE PROVIDED or FUNCTION SERVED: 24. ANY OTHER FEES PAID BY THE D"NIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ~y FEE PAID TO ATTORNEYS OR FINanCIAL CONSULTANTS: NO FEES PAID BY ISS~R (]) COMPany N~E Moyle, Flanigan, Katz, Kolins,. Raymond & Sheehan, P.A. FEE PAID: $__.10, 000.00_. SERVICE PROVIDED or FUNCTION SERVED: Bank Counsel (2) COMPANY NAME William FEE PAID:S10,000.00 SERVICE PROVIDED or ~NCTION SERVED: Financial Advisor FEE PAID: $ .... - {4} COMPANY NAME SERVICE PROVIDED or FUNCTION SERVED. ' ' FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: PLEASE PROVIDE THE SIGNAT~E OF EITHER /:~ GOVERNING BODY OF THE ~ZT OF LOCAL THE CHIEf' E~E~IVE OFFICER OF PRIVILy RESPoNSIB ....... GOVE~E~ OR THE GOVE~ ~ ~u~ CUO~INATIN w~ ~ ..... ~ . ~L OFFICER DATE: 6/9/9~ ~' ITEMS 25 ~ 26 ~ST BE COMPLETED FOR ALL BO~S SOLD BY ~EGOTIATED SALE 25. MANAGEMENT EEE CHARGED BY UNDERWRITER: OR $ _ PRIVATE PLACEMENT FEE: $ .X NO PL~3~AGEMENT FEE OR PRIVATE PLACEMEN~ FEE 26. UNDERWRITER,s EXPECTED GROSS SPREAD: $ X NO GROSS SPREAD PER THOUS~,;D PAR VALUE. PER THOUSAND PAR VALUE. PART IV RETURn; THIS FORM AND THE FINAL OFFICIAL STATEMENT," Courier Deliveries: Division of Bond Finance State Board of Admin/st::ation 1801 Hermitage Blvd., Suite 200 Tal lahassee, FL 32308 Phone: 904/488-.;782 FAX: 904/413-1315 ~ ~, '~", DW~T:'E. BRO~, CLE~ D~ 4 IF ONE WAS PREPARED TO: ......... Mailing Address: Division of Bond Finance S/ate Board of Adrnirtist:-ation ?.0. Drawer 13300 Tal]ahassee, FL 32317-3300 REVISED Feb. 1996/bf0304/ C ~003 COLLIER COUNTY, FLORIDA LINE OF CREDrF 1999 ADVANCZ' l DEBT SERVICE SCHEDULE IMncipal Coupon lntcveat Total P ~- I I'iU.'^I. TCrl'AL 6/09/1~99 12/09/1999 373.6B8.88 5.800~ 126.041.25 499,730.13 6/09/2000 384.706.48 5.8~30~ 115.023.66 499.730.14 999,460,27 12/09/2000 396.048,91 5.BOOI 103,681.23 499,730.14 6/09/2001 408.228.50 5.flO0~ 91,501.63 499,730.13 999.460127 12/09/2001 419,761.69 5.800~ 79.9F>8.45 499,730.14 6/09/2002 432,507.02 5.800I 67,223.1.2 499.730.14 999.460.28 12/09/2002 444.889.41 5.800I 54,840.73 499.730.14 6/09/2003 458.234.23 5.800Z 41,495.90 499,730.13 999.460.21 I2/09/2003 471,516.50 5.800) 28,213.63 499,730.13 6/09/2004 485.418.38 5,800) 14,311.75 499.730.13 999.450.26 YIELD STATIS'II CS Bond Year D011ar~. ................................................................................................................................... $12,267..')7 Av~ r a~$e Life ............................................................................................................................................. 2.&70 Arc r~ltc Coupon ......................................................................................................................................... 5,8976994% Net b~ler~:$t Co~t (N[C) ................................................................................................................................. 5.8876994% True ~e~l Ca~l ~nd Y~ d for ~bit~ge ~ .............................................................................................................. 5.8880734% All Incluli~z ~$~ (~C) .............................................................................................................................. B.1179335% 1~ FORM 8038 Net In~sl C~ ..... ............................................................................ 5.8876994~ ('Otllliy ('onllllJssJl)llCrS l~r Collier ('t~t lly, J:Jorida LI pOJJlicLil subdivjsi~n ol'thc Slalc ol'l:'Jorida (hcrcJn~ll'lcr rc/brrcd ~o as thc "O~vHcr" :lnd Iht ~' (_]rOtlp o1' I:lorida. Inc. ~'()~'~I1, %LIlle ()0(). ~':lp]CS, l:]~rida fi4]()3 (hcrcin',~l~cr rc[c~rcd lo ~s lJlC ("('()X'Sj.rI .'l',,~"]"'). TIlE I:OURTll t:i. OOl{ O1: 'I'tlb] COUNTY COURTItOUSE (hcrcim~l~cr "PROII!C'I"') said services more/'uilv described in s;~id ~REEMI~N'I'. W[tERI!.,XS. OWNI!R ;md CONSUI,T,,XNT ~grc~ proccc(l with PllASF; TIlRI,~E, CONSTRUCTIOh' OF Til F: Sll I':R! I:l,"S AI),SIiNiST~XTiON I:,,XCIi, ITY. WI fI~R[{,.XS. ('ONSUI.T.,XX'T represents lhilt he l~s thc expcrlisc :md ~ " pro/Dssionatl services thzll ~xill bc l'CqtlirCtJ lk~r PIt.,kSF; 'FIIREE ol'thc prt~.iccl. NOW, TIIIfRI/I:ORtf, in co~]sidcralion ol'thc nltl(}~al covenants ;tilt] pr'ok'isions ..\ I~TICI.I.Z 1.1 1.2 ('ON.ql iI.TANT shall pr'ovidc to ()\\~NI{P, prol'cssiol~al ~lrchilcctui~ll ;md cmlgi~ccr'i~ ,'X(SRIff{MI:N' ' as re)lcd i~ Schcdt~lc A ol'this ,'klllClldlllClll ;lS 'dtti~chcd he 'cl,~ · -\ RTl CI,I,: TW() 2.1 A RTl CI.E TIIItE E 3.1 Thc schcdt~lc For ll~c Project shall bo shown in schedule C as :~ttachcd hc'r'cto. 4. I '['hu .'\(]IRF. IfMENT. ax amended shall rcmah~ in l'ull thrcc and cfi'cci. IN WI'fNI'2,;S Wt lt!RFX)F, l/lc parl/cs hcrcto have cxcculcd Ibis/\mcmtmcnl to ProFcssiomil Scrv/ccs For lh¢ I)F, SIGN OF TIlE FOURTti FI,O()R O1,' TIlE COUNTY COUI,I. TIIOUSI,] Io/nclu(lc I)I!SI(;N OF Tlll,] SilERII.'I.",',4 · '\I)MINISTI,~ATION F,,\CII,ITY thc day and )'cai' first written above. ATTES'I': {'As to Chairwomal]) ' g I E. l]rock. Clcrk' ""' ' t . . · '::,:,.ID '': I.cgal S u/'llcicrlcv ,'\ssislanl ('otinlv ,,\ttorncv Wilncss: l)rintc,d Name Thc \/Group ofl:lorida, Inc. 5150 Tamiami Trail :Norlh 5uilc Naplcs, Flor/da 341113 Thomas E. ('onrccodc, ILl!. Executive \"icc President Dale: ,' , {CORPOI~,ATI! S E..'\ I, ) Printed Name 1.1 2.1 S C ! ! E D U I~F. A S~C ( ) I' E 0 F S E R V ! C 1. Description of Pro. jecl: buildin~additionloBuilding.i and related campusjml)rovcmcnts, lt)czmtcd 3301 East Tamiami Trail. Naples. Florida. This construcJion shall consist two st(~ry addition to thc west sicle of thc existing j Buildinu building and camptls syslcms. 2. Predesign and l'r~ramming Phase: Thc Dcsi? Pr(ffcssional shall review ~he pro?am devcl()ped ;n c'()njtinc~j(~n kk ith ~hu ('~mnb.'s .Xlaslcr Plzm. ft~mishcd by :he Owncr ~o asccr~a/r~ ,he rcqt~i~crnen~s Dcsi? Prol'css;tmal shall prepare and submit for Ibc O'a nut's cvalualion a Iht' pro~r;lm, wl'JllCll pro~r'zlln based oi1 /'Ln'nished .\lasher Plan, and also 2.2. '" "' '" l)clutud 2.2.5 ('ir,:ul I{itul ;IC,.';..'.q:4, ,,.,~ 't.'.,;:..;, SOl", l)clctc, d 2.2.9 l'::tcittlics/cqtlipmunI/l~CrS:mIk,1 2.2.1(} l)clctcd Thc Design Professitm:~l shall prcf~arc and present to Iht Or, ncr a minimt~m of three (3) :~ltcrnati,,e cx'aluatio;~s based uf~or~ ~he program. ]'ilo I')csign -1- 2.4 Professional shall rank fl~cs¢ ahcrnafives in order of pre£ercnce and will coordinale pricing wi~h lhe Construction Manager, The Design Professional shall evaluale the Masler Plan Pro,ram provided by Owner and make specific recommendations in order lo improve ~hc efficiency of thc Prqjcct. The Design Professional shall dcvclop and prepare a final rcpo~7 recommending a detailed Scope of XVork. The Scope of Work shall clearly define and include: 2.4.1 Dclclcd 2.4.2 Dclctcd 2.4.4 Dc.sign crnph;~sis and standards IDc/cmd 2.4.6 C{m~plcIc dc.sc.rii-,ti,..,r~ t,l'all rcclu~rcd systems (slruclural i~lun~t-,inu. t 1V.-\ C, electrical ). ' ' ' ~ 2.4.7 2.4.S ..\cccss for Iht h:lndic; p?ed [:-ncrlzy conscrval ion. 2.4.9 Sitc."kmdsc:~pc 2.4.I(} Deleted 3..~chematic Design I)hase: 3.2 B;::,cd upon thc [m }.s r:,, m . ;ts fin;lily ;lpprt,~ :(1 by Owner; ~c l)csi~n Professional. O[hCI' dOCLIlllClllS iJiustratin7 thc scale and m'cJallOllSJlip of lbo Dcsi,~n t'rofcssi{)nal of ils ~>hligalion k~ delixcr complete lille] ;~CCIII';IIC tlOdtl/11011[S IICCCSSiII'V for stlc'ccssf'[ll COllS[l'[IdliOll O( this Thc Design I"~ .... . ~( /css,onz,l's l~nal Schcmuric Dcsi,zn suhmillzfl and l)rCSCnlation shall include, but llOt be limited to thc followin,~ 3.2.1 Deleted 3.2.2 Project location map 3.2.4 Flor~r plz[n(s) 3.2.5 Elevations .~._.6 [3uildin~,scctions 3.2.7 Typic:il 3.2.9 SpcciFic:llior~ outliilc and clcctric;~l w/th consideration {)f altcFnmc systems. .:.2.13 D~lcic. d. -3- 4. Design l)c;'clopmct~t l'hnsc: 4.1 -1.2 .'\l'lcr ()wncr's FC~,'icw t)f lite Schcm;~tic Design ctoctinqorlts ;~lct ix.qk~:mce c)F the Owner's :','rilIcn atitho~'ixation lo proceed, the Design l%'ol'c.~.si¢~n;tl commence, the Design Dc;,clc~F~rr~ci~t f-~h;lsc Durinu thc [)cs, i:,~l l)c,,.el()t)r~l~:llt Ph;lsc. l)c.sion ~-c~l'c:.4si~m;~ sh;~tl F~;.(~,,.iclc Iht l'c)llow~r~g xc'rvic'c,s: ~' 4.2.2 -i. 2..; Dcvclop [)esi.? D(~ctlments lc) zt level of ctcfirlitivcncss :H~cl clctail to Fix ;mci describe the size and ch;tr;~ctcr ()fthe l%'c~ eot whictl will permit clclcFmin;~lion of whether the l';~cilitx' czm ~c s;~tisl';~c~-ilx, cc~nxtr'uctect in all task arc'as by all disciplines. -1.2.4 -1...2'.5. I l.;tI~tlxc;tpc ;~rchitccltlr;~l tiesizi~. 4.2.5.2.1 f%nish 4.2.5.2.2 4.2.5.2.3 -1.2.5.2.-i 4.2.5.2.5 tZxistit~g ;tnd new ro;tcls ;~m~cl ;~c~'csscs 4.2.5.2.7 -1._.:',._.8 4.2.5.2.9 ICrllpOf';j.l'y access F(')a(ls durin.,.z, construction. Parking areas with spaces. Grading and drain;igc features. · qccurily, including ?hast sccurilv fur c',onsrruclion Building plans in all disciplines For new hui d ngs and rc:m)dcling of cxistirlg buildings. Exterior building elevations. 4.2.5.5 4.2.5.6 A?proprialc sections in all clisciplincs. Space t:M,t.~latic>ns, including a spacc-by-c(m-~p:tr~:,;on o( thc ?re.lee[ program. 4_'.5 7 Structuraldcsign. 4.2.5.S 4.2.5.0 /tearing, ',cntilatir~g and air cundilionin~ Including fixlures and c{]uipment schedule. >.'hcdL: cs ' 4 2.'l 1() .'5,;:,:L~F]IV ;.t.qd COII1MLIHlC;iti(311 5.','Slcllls tJk':',l.t:ll, lll,:Jtl,.llN,2, I'i.\ILIi'C 4.2.5.13 Ir~r;.'z'~r- I'ir.i shes: [)csJ~I1 ;lilt] [',I'CSClI[ [,.', thc ()x~. IlcF ;.ti ]cZlSl I\~.o (2) sp:.tL'es~ -1._.:,. 13.2 Sclc'ct Iloor Finishes. wall finishes, and ,:oiling fimshcs foF :lpl'~Ft~val by Ibc' (-)xvtlcr: -5- 4.2.5.13.3 From the selected finishes noted above, produce and provide the necessary specifications for inclusion in tile Contruct Documents. 4.2.5.14 Exlcrior finishes. 4.2.5.14.1 Design and present to thc owner 'dl lc:mt two (2) Color and finish scheme boards, no Ercatcr than 4'x 4' nor sm:dior than 2'x 3'. inclt~lin~ exterior colored elevations of thc prototypical c~tcrior area. 4.2.5.14.2 Sclcctwali£inishes£orapprovalb).tlmOwncr. -1.2.5.1-1.3 From thc sc]Cclcd finishes nt~lcd ;~l~o,,'c. t' '~ducc and Provide thc necessary Sl>ecif'ications For inclusion in Contract Documents. 4.2.5.15 Graphic dcsi.gn plans for space icfcntiFication. -I.2.5.16 Fur'nishin, layouts £or prototvpical ~encric spaces. to thc Director of Hac'ilir~cs. or designate, and thc (.Tt>llicr- thc [)esi? thc 0',~ ncr For ()~ net's rc~ :j~. Thc Design l'rofcs.~i(m;~l sh;mll z'cx'iso 5. ('o~lslFtJcli{~l [)~t'LIIl~t'lltS ])hltst': t'ollowin.g scrx'iccs: -6- Prcparc final calcul; lions, Construction Documcnls and ,specifications soiling forIh in dclail each discipline's requircmcms into a cohesive whole ha\cd upon ~he approved Design DcvcJopmenl (Iocumcr~L~ and consuhations with the Construction Manager. ('~m~plcte the Project manual including conditions (ff ibc C(mlract. Iqddin~ d(~cumcnts, specifications (including Division 1, General Rcquircmcnts) thc C'onstructi<m Nl;m:~ger. ('(mSUll v,'ilh and ass;si ibc Construction ,'vl;magcr. ~lh rcspccl I~, thc ('<mxtmctmn .\langcr"s development of a final Pmicc; C;u;mmtccd Xla.ximurn }'rice ft~r thc PnUccl ctmstrucl],m hav~ng.lurisdic~ion over ~he l'ro. icc~. This shall bc ac'c~m~plishcd ;~ thc the c~msiruction of thc Prqject. including all cnvir~)nrncntal Design t)rofcssionals sha~l assist Ibc Con.s[rUCli()n .X'[a:la~Ecr i;l sct~udulin~ .lur~sdiClion over the Prt~jcct. and shall Furnish on a tin~cl5 b~sis such 6. [liddin,,..: l'hase .'\,I'lcr ()\\ her's re', it',\ iq' [Irc ('(msli'tictlorl [)tk-'l. llllCll[S. · ~];I",IHILHll [~l'Jk'C, :llld tli',,.U1 }5;:';LI:IilCC J'~\' ()\v[ICF t)f' ;I \\TIJtCH t'~Ft)'-'t-'t-'(l, thc [)csioH t)l.t)i'c:.,>;itU1;ll S}l;lli ciuurll(2nc'o the ['}it]¢[ill,..~ -7- Cimlr:~cl Documcms and all other hiddina documcms prcp;u'cd by thc Design ProFessional and fmc (t) complc~c set ~1' mvl:~r thc Design Prol'cssi(m:d sh:Jll proviclc thc Owner w'ith [h'{~fcssianal hereunder. _f't~ur (4'~ sets shall be si~nccl, scalccl. :md cl:tlcd. .'Xddititmally, uny required :xldcnd:~ shall he si~ncct, sc:xlcd :md d:~tccl. Fcstll[ I'FtHI1 IhcIsc C(fflI'CI'CIICCS. I1' [hc ~IdkCF[IhL'IllUiI[ I'()F l}lC 111LlltlZtJIv ;~I'C'C x~ Jill thc Construction M;m:mcr's -8- 7.1 7.2 7. Construction Phase thc Owner's written ;mlhoi'ization to procccd, tt~c [)csign l)roFcssionaI shall [7)t~ring tile ('7()nstructior~ Phase. Design Profcssi(mal shall provictc thc Folh~\\'ing sci'vices: SHIll[~Ics. suhslitt~r~(ms and other submittals FctltliFc. d J~v thc with inl'oFmation given and thc ctcsign ct,nccpt cxj,rcsscd in .... ' .'~lilIII[CIIillICC l~l' ;.1 IlliLqICF J'iJc ill' itjI 5tli'qllitt;4J5 /ll;~.lc [t~ l>r~".'css~mal, wilh d ?ica\c,; F(~;' O,.\ncr. 7.2.3 C{~:l.'<[Ft. lCliOll [:it.:jd ()}'~'~CI'Vi!lltql 5';C;'vi:..'C5 k't~rl.'.,lSIIllg ~I '. l>.ltS t,., tiw -;',;-' ,!- ['I'C'k]ll:.2~l[].V Lib, [1L'C';25h;tJ'\. [~t!t ~/t'~t Jt2.~5. lJliII1 [\\ LCd :,'". CF'%' \',C~'i~. it) ?t':'llOrls OJ' thc \VoI'k which do not c'onl'orm to tl~c Ct~tlSllmttctit~n Th: [)csi,_'n l'r(ffcssttmal. :ts rcprc>cnt,:tixc rd' thc 0\,, ncr durin,: Constructiot~ Man:~gcr'. -9- 1 6i_ 3 !j Bascd on such observations at thc site and t)n thc Applications {'or Payment submitted by Iht Construction Manager, thc Dcsim~ Profcssirma{ shall dclcrmine lbo amount owing to thc Construction ,%'lan:~cr and shall prepare Certificate of l)a)'mcnt for such amounts. Thc issuance Profcssiomd to thc Owner that: (1) thc XVork has progressed to thc indicated: (ii) that to lbo bcst of thc Dcsiun Professional's knowlc(l~c, inft)rmation and belief, thc quality of the'XVork is in :tCCOl'd:trlcc wi~l Ibc C(mslruction [)ocumcnts sul}jcct to minor deviations from thc C(msti'uction goculllogts CornmcctilblC prior to completion, and to specific qualifications stated in thc Ccrtificalc of Pax'merit: and (iii/thc Dcsi<n I~m'oFcssion:~l shall submil thc CertiFicate of Pavmcr~ to Owner for thc Owner. 'l't~c [)esi.? [)rofcssionltl shall be. in thc first instance, thc lntcrprclcr of NI:magcr' r'clalin5 m thc c.xcct~tion and progress of thc Work and tm ail ,,tiler re:liters or questions related lhcrclo. Thc Dcsicn Prt,fc>.sional's (' m',tt'uclion .\1:roger or thc ()\VIlCF ils r;..'(luiI'ccl J~x,. CC, P,$!I'UL'TI(Uq CXI'.2'CIICICS. Thc Dcsiml Prt~fcssional .sh:tl] cndca:'or to respond 1o :1:1\' su,:l'~ request ix,~ CillS-I'our (241 hotlr's of thc rcqtic.qt, or 111o next iix'Ltl ]iibJc workill{2 d:l\' l"r ¥c,;sional will rcvic\,, and respond to all submittigs ]'rom thc -10- 7.2. I0 7.2.12 -, ¢, -" 7 but i~ no event, more than ten (10) bt~sil~ess d',~ys, tmless ()v,';lcr expressly agrees otherwise itl writing. ~;tlt~jcct to Owi~cr's prior written approval, the Dcsi? I%'occssioilal sh',Dl di.saF~l',ro\'e all C'harlgc Orders. as x,.'cll as any cost cstir~]:~tc zlss~)cl;.llCd with il Ct'lill].~c ()r(tci' rt.2(jtlk,:4[ Drop:ired [,v Ibc Conslr'tlctiim .Xl:~n::.~cr...\Il CTtq:trlgc Orders Illtl'<[ t'~t.' sut',rt'~ittcd to thc Owner for rex ic',t t'~cl'r~l'c :~rl,,' \','t)rk ct,\ crt'd t~x' SL~CJl Change Order can I~c'gir~. 'I'llc I')csi<rl t%x,Fcsslo::::l sh:~!l :'c:'icw thc t%'Qicct schctlc~lc t:i,d;~tcs, tr;:,lc }~I'O. iCC[ i"\ O\k'llCl':.; 0',', fl 1'(1I'CC5. [~\ klliJil\ (',xVtlt.'I5.. (){' [,x :~l}lk'l l )clctc~.}. ['}Ck'Cl',.'t.' llt~li;.'t.' ~l't~ll'[ {.',~t:XII'LI,'ll,,~I1 IIi;III',t?.2'CI' ;l{lt.'l' Iht.' tWL'IIUI'CI],,.'L' t;l ttll I'CN{~{~II>;C to t}lC ClllC::!Ct~,'\. -11- 7.2.19 7.2.20 - '24 7.2.26 -2.27 -.2.2,'< Deleted. Upon notice from thc Construction Manager, and with Iht assistance of the Owner. conduct the substantial completion inspections. Rcvicwand comment upon. alld supplement as appropriate, the punch lists tt~ ho prepared by thc Construction M:magcr'. Notify Conslruclion Nl:magcr in writing of work not complctc. IssucCcnificatcofSul>stantialComplction x~hcn ;q~propriatc. assist Owner ~n final acccptzmcc of Pre,jeer. Assist Construction .\lar'~a~cr in thc estahli.~hment t,v ~hc ()v, ncr ~x' i)r(~.~rarns o~' operation and rn:tii~lcn:mcc of thc l,h)'sicul l>l:tnl and cquipmcnl. :\ssi.st C()nstruction .x, lana,2cr Jr1 art;raging I'or and coor'din'al~u2 instructions on operations and maintenance ofcctuipnlcr~t ~n ccmjtmctJon ~k l[h Ill/II1LIJ':ICtLIrcr's l'Cpl'osetll:ltiVcs. Assist ConstrucliOn .Xlanagcr itl preparing an opcr;~tion ;md m:nnlcnancc WI/MILIa] i'of thc O\k llCI"S LISC. \'i.qil thc facilitx ur zx]tial occup:mcy and :ti three (3) month, six 16) '['hrot~chot~l the Conslructi<m Plume, Iht l)csi~n I"rofcssi<m:tl is lo rcxicxv monthly. 1'3 7.3 7.2.29 Transmit dra',,vings and general dnta, :~ppropriatcly identified, to thc Owner and others as directed. Consult with :md recommend solutions to, the Owner duFinu lbo duFali()ll m:ttcFi:ds or SX'SICIIlS under w[IIT:IlllV. .%ulnmit a f;~cililv and equipment review schedule to the ()N~ ncr at thc time prior to expiration of wan'anty pcFiod(s) lo ascc~q:lin ;idcqu:tcv rd' ltl thc OwtlCI'. -: ....." ~" {%~cumcnl nolcddol'cctsordcl'icicncicsandassist thc ~n';Irt~cli<ms lo file Construclior~ .Manager For COFFOCIit>n of r'w, lcd 'LIcI'ccIs. .-\Jl ,.'t)r~iacts :moL/of communicatio/ls between the Dcsict] [~Fo/'cssiona{ ired thc 8. Services l,~elnting to ,,\il I'llases: S.I 8.3 Thc DL'siL_'n F'Fofcs.sior~:d shall il]x'c.'qli?tc :md confirm in writin~ to thc Owner. lo ,.'orns,s:cnt with Ox,, nc.r's pr,.,~:F:m~ unless cxi-,Fcssly: t th ,FiTcd othc'Fx', isc in '.vFiting b'. (~'.,. nc:'. Five (5) copics of thc design i'~otcs ;tI'~d comi~ul;dit-,ns shall bc sNbnlittcd lo thc Owner with the Design Development doctzmcn[$. When t}~c pl',tns aFC submitted For Final Fcvicw. thc design notes and comptit:ttio;~s co]Tooted -13- for :~ny Owner commcr~ts shall I've resubmitted. ,&t the l'r~jcct completion, :~ Final set of thc design notes arid computr[tions, [¢ro[~crly certified [~y thc Design Professional. shrill be submitted with tine record set of l~l~ms ;tnd tr;~cings. S.4.2 TI~e dcsigr'~ notes ;,nd c;~Ict:lr~tions sh;~ll inclt~dc, Dul ~{~I I~c limited to, the roi lowing d;.tl ~: 8.4.2.1 [Dcsigt~ cl'itcria used flor tl'~c Project: 8.4 .... Lighting 8.,1.2.3 Strt~t'ltir:~l c~llct~I:ttio~'~s: S.-1.2.5 I)clctcd: S.-1.2.7 .%ccuritv ;met ~.'(~;'r'~t':nur~icatior~s c;tlct~l;~tir'ms: S.4.2.8 z~llCl'[1;~ti \'cs S.(~. I :tnd :ti'lcd' consttltati{m with Owner. [~i'ovidc Ibc C(*nsti'tlCti(~n N'i;tr~:~gc~' :~ writlcn list of cor'r'cc~io~s needed f'or schcdt~lc :~t~[,rox.;~l. -14- 1683 S.7 8.6._ Jointly (.Ic~,'clt~l~ with Cor~.~tructior~ ,'x,,l;.~i'~;t~,cr ;~r~d Owner thc l~I'r)ccclt2vc M:~ntI:~l. itc~as,. j~rt)x'icJcct ~x' [)esi? [*ro/'cssit~t~;~l hct'cL~nClcr. ,'~t~s' ch:~t~cs Io lilt /'t>t'~ii [)1' -15- ~CIIEI}III.E I1 IIA~IS (IF C()~II'F. NSATI()N !. Ih'ogress l~t, lmrls: 1.1 1.2 1.3 Suhscqtlcnt to receipt ()f thc "NOTICE TO I)ROCEEI)'', ;md pri~u- thc first invnicc of I'ccs c;u-ncd. Ibc lbcsi~n Profc.ssinnal sh;~ll submil fur thc Owner's ;q~IX-ovul ;t dctailcd schcdulc, showing thc various w(,rk ilcms c~m~lx'isin~ thc t(~tal work effort estimated to bc required fur Iht cnmpIcti~m ~1' t~..X~l(i ~EI<VI(:I~ ix'ovidcd for in this A2rccn~en[. includin~ pcrmittin~j. ~hc ~'.c~hl (¥ c;lch work ilcm Iobc in lx'~lXX-li~m to lh~ Iotal w~n'k ci'l'~rt. ;Hid Iht [xx't~m {q' lhc Inlnl BASIC I:I~t( assi?~cd m c;~:h ~t,rk i~cm. Thc [)esi? l)rol'cssi(m:H sh;~ll SLibn'li[ In lhe O~ n~r. n()l ];Her [hnn lhe lenlh [I 0m) du~ ~,1' c;~ch monlh. ;~ lX-o~rcss rcporl rcl'lcctin~ d~c PI/OJECT design s[~Jtus, in tcrmx ~f' lhu tom] work cff();'t cxtJmalcd 1o bc rcauircd fen- thc c~xnpIcti~m (ff thc Ig..XSI(' 5ERX'I('[{5. :~s ur ibc I;~xt day of ttqc tx'ccc&ne m(mlh. Thc rcpurl stroll ~x{~rk c'l'J'(x'l rcpFcxclllc(J hv c;~CJl JlClll, ;Hid lilt p~rccnld=u ~f I~)lnJ w(}rk All pr{~,.__'rcss rcpiu'ls and tnx{,iccs shall tw m;lilcd to thc altcrlli~m t~f iht Ov.'ncr's t'n,icct ('rxx'dinrltr~r. 2. ('()ml)Cn.,,ation to thc I)csi,~n l'r()l'c'xsi(,nal: thc Pr()lv,.'[ I;'l'~.~r;tHllllin,2 2 t..\._' ..\ I.ump Sum }'~'v {~I': thc [)csi,_'n [)cx'cl(~lxncnI l)husc IhL! t>rc,ic..r -1- 2.1.A.4 A Lump Sum Fcc of: 66,5O0 For the Construction IT)()cumcnts Ph~tsc of the Project 2. I.A.5 ,,\ Lt~mp Sum Fee of: 18.500 .r:or the Bidcling I)hasc {)F thc Pro. jeer 2,1,A.6 .'\ Lump Sum Fee of: 55,500 For thc: Co;l.strt.~cti()l'~ l>h:t,s¢ scrx'icc.s of thc P['tLicct. ']'his :m~ot~r~t docs n()t itlclt~dc fees for tl~c 3-month, 6-month zH1d l-}'c~tr wa~at~ty inspections..,X lump stm~ fcc of 51.200 sh:~ll be dt~c for the Y-month warranty inspection. 51.200 for thc 6-month ir~spcction :md $1.200 for the I-year W:tl'ri~tl t ? inspection. 2.1..-\.7 Thc I'CL'S I~t*tccl itl pzlrztgr';tph,.*' I..,\.2 lhr'ot~'h _. ~ l...X.6 sh;,l] 2. l.lt?,..'\dditit)n:~l [:l:~sic Services 2.1.[3. I · '\ 1.t~mD .Stem \:cc of: \"or the Project · -\ [.tlml'~ 5urll l:cc oi': 11.000 the [.tti'ld & L..:r'~dcrur(~Lmd St~rx'~2x, ir-lc, 2.1.[~.3 tile Gcotccl'mic:~l the Project. · .\ l.tl~I~ .<,tl~ t:c'c et': 5.50(I l:or L:mdscapc Architcc'ttlrztl \\"ithir~ the i'~r~Ljcct limits. Thc lm[} C S r~t~tC<-I in ?z[rag;':U>l'~ 2.1.t3. I throtl?~ 21 I.t3.4 t~',~sic Sci'vic'cs fo:' thc Project. -2- Campus Improvcrncnls Basic Fee A Lump Sum ["cc of: 17.823 For the Chiller Plant Ev',duation 2.1.C.2 A l.urnp Sum l:cc of: 18.903 For tine "A" Demolition Services 2.1.C.3 A l.umt> Sum Fcc 16.27.:1 For the Site Improvements including walks, paving, DRI and water mana.gcmcnt coor'din:nior~ 2.1.C.4 The fccs noted in paragraph 2.1.C.1 lhrou,,h ~ 1.C.3 shall constittnc thc total not to exceed amount [:t>r' thc C',>ntin.~cncy Services provided for under Section 2.1 of ibc A~rccmcnt. thc O','.'ncr agrees to pay thc Design Professional. a negotiated fcc based on thc :'. o{'k lo bc pcrfornlcd, up to ;.: rll;.IXillltlH1 rlOI IO cxcec'd :iiDt,)Li~'ll of,.~ TBD. For thc .-\dditional Services provided for under Scclion 2.2 of thc .'\~rccmcnt, tine Owner agrees ~o pay the Design Professional a negotiated total fcc [(ascd on thc speck;Lcd tn Schedule "G". The Overhead Multiplier shall not exceed 1.0. Thc ,:o::?:.'n.,,a[x)n pm'oviclcd l't>r under Sections 2. l thr<~t~,..:h 2.3 of this Schedule B. shall t~c thc total arid complete amOUnl i~a.,.'ahlc to thc [Dc}Jun Profcssi<>nal for tine scr'x icc_, to t',c performed under the provisions of this ..\crc~menl. and shall ~nc~r't'c,t ~n thc pcrl'onnrmcc of ali sci-vices. 3. Schcdulc o1' Payments: Thc ()x~ ncr shall Inakc in(>ntl~ly pro.~rcss paylncnts :Is required in Schc¢lulc B.(} to ibc l')csi,_'n Profcssi<m:ll in :lCC()l'd;lllCC ~\ Jill thc following_, terms: Thc Design F'rofcssitmal shall submit, v, ith eL,ch of t)~c monthly progress reports provided for t.;nclcr Section I above, an invoice for fccs earned in thc pci'fornqa]lcc Of Basic Sm'vices. continccncv Services and Additional Services during thc period covcrcd by the progress report. Thc invoiced -3- /'cc carncd, expressed as a pcrccnlagc of total fcc, ,'-;hall con'cspond to thc pcrccm:~gc of thc tolal work cffor~, complctcd as rcflcctcd by thc Sht)uJd :m invoice an'~omlt For Fccs camcd in thc perform:rotc of services. expressed as a percentage of the l(~tal fcc. apt,cztr to cxceccl thc pcrccnt;~c of t{,tal services lwlicved to be complctcd, thc Owner m:~y, prir,m' to processing of the invoice for p;~yment, require thc Design l>rol'cssion:tl [t~ submit satisl'actt>rv evidence to support thc invoice. -4- ~k ~l'k. '['hc .Sc)tcrn;ltic [)esi? I:'h..!sc <.ui',mitt:.ds ~h:.tI) bc subr..',ittud It~ thc (),,:'ncr 2 I calcnd',u' days of [l~c dale ()V. TJCr :.tudn~)ri?.cs [)c.',i?~ lh'ofcssic, i'lal -5- I)AI{K-FIBI~R. I.E,,\SE AGRI~.EMENT I.~I!T\Vt!I!N .\.I L:DIA©N 1~ AND COI.i.I 16, 'hi This .'\~l'UUlllCll[ iS entered inlo Ihi.'¢ ~_. day ol . 99') by and bctwcc, n :Xlcdi;t(h~c EntCrlWiScs. Inc., a Rhode IsI',md coq)oration ("N1cdia()nc"), ami C',~llict' C'ou~v, subdivision oI'thc Stoic of Florida. ]. l'Ul'SU;ml K, Scclion 13.] of lhc Fr;mchisc A?'ccmcnl d;~lcd .l~lv Ibr Icaxc of 2 single-mode llbcrs (thc "l:il~cr") fi~r thc intcr-conncc'~ion of Iht t'ollicr Government I~uildin~ (SSOI f~asl 'l'~m~iami Trail, t~uildin~ I:, N';q~Ics. I:l, rid~) ~md ~hc ('oliicr C'otml)' I)cx'clolm~Cnl Services (280~> Norlh I Iorscshoc l)rivc. N';q~lcs. l"lori,t;~) (co]lcclivclv rclUrrcdmaxthc"l~uildings"). Umtcrthctcrmsofli~clc:~sc, Mcdi;~C)ncsl~.,~lll~crc.~ponsiblc lbr tcrmim~tion of Iht I"ibcrs lo each Buildin~ and mainlcn:mcc of Iht I"il~crs tlu-oushout Iht lcrm ofthelcasccomrac~. CollicrCountyshalIbcrcsponsiblclbrthcplaccmcntofothcrIhcililicsand clcclronics Ibr thc ;tclivalion ol'lhc Fit)ct. 2. I)~u'k Fiber I.c~sc- [J.s~,4c. ('ollicr Courtly shall h'axc thc risht m usc ~hc Fiber si?',ds onlx'. Umtc~' m~ ci~'cumslanccs ~x' C'otlicr (.'ountv usc tl~c Fiber tbr ;my tmrposcs other lh;m those specifically .~et I'm'Ih herein ;md shall nol. dirccllv or imlircctlv, c'n~t~c in, pcrmih or allow such channels to bc used (by way of iljustration only, ~md m~t limilmion) commercial I~Urposcs whalsocvcn Collier County shall not lease, sul~lc;~sc, permit, or ~llow Fiber to bc used by any third pcrsons or cntitics without first socking ami obtaining thc prior xvrittcn consent of Nlcdia(')nc. 3. Term of l.casc. and signed by a rcprcscntalix'c to actix'alc this agreement. is granted co~lditio~aal option(s) to cxtcmt tho ]case lbr acldilional terms of'cmo (1) year each 12 consecutive month periods) bcginning immcdiatcly tlpOll lilt cxpiralion of thc inilial term this lease. Subject I'tlrthcr to McdiaOnc's having htwfi~l rights ami :mthorilv to cominuc operating thc dark libor com~cction alicr thc expiration oFlhc initial term, thc option Ibr thc atldilional lease during Ibc last ninety (90) days of each additional term thereafter, lbr so long as operates as a fi'ancl~iscc with thc right to operate or otherwise I:tsvl'ully prox'idc scrx'iccs in 'ami/or Ibr Collier Cotmtv. charges as specified herein, in advance, on thc Iii'si day of cilch calendar mtmth during and throt~ghout thc term(s) of this Ioaso. Firgt payment is dt~c o11 thc first day o1' thc molllh signature fi'om both parties. During thc initial term ofthis lease, thc basc lcasc charge will bc thc SUlll ol"F'~vO-llltllldre(.I Dollars (5200.00) per month. The p~,'tics will rc-ncgoti;~c thc rent Ibr :my additional terms at thc time thc option to extend is exercised. ,Attachments - Rcplacc]ncnt of I{quiplncn[. ('oilier County h:xs ttctcz'n~izqctl ils t~wn cquipmcl~t ncccts without advice or consent fi'om ~lcdiaOnc and shall bo solely rcsponsit,lc ~i>t' Iht actix':~tiox~ of thc [:it>or. 6. l~, Cl'~l'c s c I H.:lt i o I'~ s all(l ,'\. MUltl;ll Reprcscnt;ltions. [']:tch of thc p:,'tics. Mcdiit()~c :md C'ollicr County, hereby represents ami warrants to thc other that each I:iis Iht right Io ClllCl' illlO IlliS and by c::ch party trader this /Xgrccn~cnt. l~crlbrn~:mcc lB.' c;~cl~ l>:l~'lS, u~dcr [J~c lOt'lnS o1' this ,.Xgrccmcnt shltll i:ot viol~:tc or infl'ingc tlpo:: kllOWll rights or interests of :my typo, kind :md nature whatsoever, of any per'son, firm, coq*oration and/or other cnlitv. Fiber leased hcrctmdcr :lnd any related :lctiv/tics will bo ui~dcr lilt stricl ctmtro] ofColliolI ( and shall bo t:scd solely Ib:'lhc puq)oscs t:cr'cil:bclbrc s[~ccifictl. Colli~.r ('ot:lltv sh:tll including ctccisions and orctcrs of thc [:cdcral C'onmmnications in¢lt~str? (~] l ~ ~ ~J :\'lcdiaOnc. All I:ibor provided by .\ilcdi:~():~,z ,,,.'ill mcc'l ct. ll'rollt responsibility ;irc limited to Iii)ct l)crl'(mnancc till to llbcr tCl':llil/:.lti,.>ll points. 7. Restoration: CollicrCountyrccognizcsthatthisisadark_Iibcrlcascat]d, assud], McdiaOnc will have no control of or awareness of thc status Of ally transmission by Collier Collier Coumv lhat thc Icasod lhcilitics have lhilcd. ('oilier C'ou~tv will notil'v alcdia()nc :it thc Followingphoncnuml,cr: (9-i1)793-9(42. 8. Fihcr I,ocation: Thc att:robed diagram is a general t'cprcsc~l:ttion o[' thc routing. McdiaOnc al ils sole discrction will determine thc actual physical rtmling of thc Fiber to comlcct the Buitdii~gs. 9. lh'i,:ato tiascmcnts: ('oilier (?otmty grants :\,lcdi:l()~c all rights rclatix'c to thc propcrty necessary to install thc }:ibcr. Collier County agrees to cxcculc such documents. instrtmmnts and/or writings as arc rcaSOl~abJy necessary Io I',~wl'ullv ~csJ, memorialize and provide notice as to thc grant of rights to Mcdi',tOnc. Collier County sh:tll [*l'ovidc .¥1cdia()nc, Collier County will provide personnel to ,¥1cdiaOnc to 12tcilitatc necessary access to any properly. McdiaOnc shall have thc right to remove all or any part of thc I"ibcr which McdiaOnc determines to rClllOVC. Mcdiil()llc shall provide lhrcc (3) days nolicc prior to l'cmovul of thc Fiber and Collier County agrees to grant McdiaOnc reasonable access to all property wltcn rCClUCStcd :md 11. ~Vill'I-illllV disclaimer by McdiaOnc. Except ils expressly provided i. subsection 6.C. above, no rcprcscntations or x~arranlics of any kind, express or implied, arc matte bv McdiaOnc with respect to thc data transmissions, thc quality of thc data transmitted ox'or thc Fiber, tl~c imcrl'acc technology, intcrl'acc capahility and/or lack tl~crcol~ tile transmission over thc Fiber. 12. IJmitation of Liability: In thc cvcnl that thc Fiber I'~fils s,.'dclv as'a rcsull oI'thc nc~ligcncc oF Mcdia()nc, and McdiaOnc I~HIs to rcpair or restore thc Ic;,~cd Iihur with Section 7 oFthis agreement, McdiaOnc shall bc limited to rClr,~ymcm Fiber which was rendered unusable. IExccpl as expressly provided in this sccti{m, ~lctli:l()nc shall n{u hc liable lbr :my claim. loss, expense or damage oF any kind or naturc, nor shall there hc ;my clr~im sought or cnlcrcd against McdiaOnc fbr any monetary dan]ages or financial losses based upon indirect losses om'c amagcs including loss of usc amd loss 13. Indemnification. A. McdiaOnc shall at ail tirncs fully indcn~nil'y, pr(~tccl, s:~vc, dolL. nd, and hold harmless Collier County fi'om and against any and all claims, tlClllillldS, dillllHgCS, t/abilities, or agrcenlcnts made ]lcrcin. any monies duc to McdiaOnc hcrctmndcr, and/or (b) Collier Count>' hrcachcs :my term, provision and/or condilJon c)flhis agreement ami/or thils to pcrlbrm any d)ligntions J~crcundcr, then, in any StlCJl CVClll, McdiaOnc shall have thc right lo imnacdiatcly lcrmi~tatc this agrccmcnl, and Io collect any and all monies duc and owing by Collier County tlu'ou~h Ibc d',llc o1' termination, together with an amount of money suflicicnt to rcimbm'sc and/or pay lbr all McdiaOnc's costs, CXI3CI1SCS, and rc',~sonablc :lllOl'Ilcv5 I~'cs rclalix'c to Ibc breach by ('t)llicr ('otmty, inciuclin~, but not limited lo, thc collcclion of Oulslanding revenues t]'t)l~l Collier County. t~Ixm :l tcrmin',ll~on ol' this agrccmcnt, MccliaOnc shall h'avc Ihc imlncdiatc right to disconli~uu avuilabilitv of thc Fibcr, 1o disconnect any or all of thc cquipmcnt from thc I:ibcr whcthcr installed by (bllicr C'cmm~ty or a Third Party, wiIhouI liability t, ('oilier ("ountv. 15. Govcr~)im~ Law..Jurisdiction and Venue. This ,.Xgrccmc))t ~lu~)l bc go~'crnud, 16. .AsEi.enmc:t Collier County shall not sul~lcasc, assign or lr',insl~,r its obligations undcr this .Agrccmcnt Ia ',my third party without thc c.xprcss wriltcn COllSCIll Of ,MctliaOnc. ,McdiaOnc may assign lifts Agrccmcnt to a pal'cnt, subsidiary, or al't]Jatcd entity t1[1Oll IlO[iCC 10 thc Cotmtv. 17. \V'aivcrs. ()nc or more waivers by ;1 party ofa I~ruach ui';~xv term. provimon waiver by such party as to any stlbscqucnl or continuin~ brcach o1' such lcr~sL ctmdititm illld,'OF other party requiring such consent ;md'or a])lbrOX.:~l shulI not hc dccmcd x w;~ivcr, or :'cndcr tIllIIOCOSSaFV COllSCll[ lO aIld/of approval O]'allV sul*scqUCnt and,/or similar act or omission. [Entire Aurccmcnt. This agrccmcnl, logcthcr with may :md all :lllaclllllcllls, exhibits ami/or schedules, constitutes thc complete ami Cnlirc agreement of lbo parlics, supcrscdin,~ all shall prevail o,,'cr any additional, difl'ercru, and/or conllicling lcrms of any othcr documents, stfl)miltcd bv Collier County to Mcd/aOnc. Excq)t ils SI'~CCiI'~CiIJJ.V provided hcrcii~, no modifications shall bo bimting on it party unless set Ibrth in v,'riliI~g cxccutctl bv Ibc ]')arty against which enforcement is sought. 19. guncr:~tl: Thc partics shall be excused fbi' any delays in pcrlbrmimcc required duc to thc occurrence or oxistcncc off i1 "Force Majourc." This Agreement may bc modified and/or amcmlcd truly pursuam to a writing cxcctltcd I)v bofl~ pm'tics. Notices required or pcrmiltcd umlcr thc terms of this agreement shall be in writing and sent by U~itcd Slates first class mail. certified or rcM/stet-cd mail, return receipt requested, to Iht lbllow'ing addresses: For McdiaOnc: Aun: VP/Gcncral Manager 301 Tower Road Naples, Florida 34113 For Collier C'otmly: ,.\m~: Inlbrmation Tccimology L)cl.~artmcnt · '\dmil~istration Building, 5'h Floor 3301 Tamiami Trail East Naplcs, Florida 34112. ATTEST: DWIGI tTE. I3I.~OCK, ('lcrk Deputy Clcrk Approved as to torn] ;tll(l Legal suftScicncy: Assislanl County Altorney ?RO¢LAA4A TION W HER EA S, Wt /ER EA Commander Eugene L. A4oore ,'s to be commended for his service as Commander of tile Department of Florida Jewish ~'ar Veterans of the United States of ,4meT/ca for the past year,' and, Commander A4oore has faithfully served the Jewish War Veterans in the~ efforts toward combating anti-Semitism t~ all its forms, upholding Amert~a's democra tlc traditions and fish ting bi~o try, prejudice, injust~e and discrimination of all k~ds,' and, Commander A4oore has upheld the pride, tradition and honor of tile Jmv/sh War Veterans of the United 5totes of America for their service to this country from Colonial times to the present,' and, Commander A~oore has carried on the tradition of the Jewish War .Vt tcrans o£ the United States o/America through their hosp,'to/, rehabih'ta t~n and veterans' serw~e pro, rams and by math Veterans' Service OffiCes ~ major citt~s throughout the countQ,. D~c Zmw~h ~ar Veterans a/so proudly supports and ro~es funds lOT thc :sraeh' ~#/tary Rest and Rehabilitation ~omc m Beersheba, :srocl ay well as supports the Boy ~cout or:am~at~n, pro rides summer camp scho/arstu~s for underprivileged children, pro v/des college scholarships for promt~: ht~h schoo/ studcnts and undertakes a number of c/v~ betterment projects,' and, Eugene L. A4oore, as Department o/Florida Commander for thc ~ew/sh War Veterans of tile United States of America for the past year', has upheld their' proud traditt~n as the oldest ac rive vd tcrans' organization t~ AmeriCa. NOW THEREFORe, be it proc/aimed by the Board of County Comm,~sioners of Col#er County, F/or/da, that it wishes to extend congratulations and appreciation for a job wen done by Department of Florida Commander Eugene L. lJoore for his service to the ,?e¢w'sh War Ve terons of the United Sta DONE AND ORDERED THIS 8th Day of June, 1999. ,4 TTE$ T: DWIGf~T E B~OCK, CLEAK £OA~D O? COUNTY COAdA~_TSS£ONE~5 COLLIE~ COUNTY, ?LO~IDA MELA .S. MACK]~E, CHATJkWOMAN P~OCLA~4A TIO^! WH ER EA $, WHEREAS, WH ER EA 5, WHEREAS, WHEREAS, Auxihbry Pres/dent Sy/w'a A4eyers is to be commended for her service as Commander of the Department of Florida Jewish War Veterans of the United States of America for thc past year,' and, Aux//iar)/ President A4eyers has fa/th fully served the Jew/sh War Vetcrans/n their e f/arts toward combat/n9 an ti-Sero/t/sm in all/ts forms, upho/din9 A mer/ca's democra tlc traditions and fish tin9 b~o to; prejud/ce, la justice and d/scrAm/no t/on of aH kinds,' and. ,4uxi/l'ary Presiden t A4eyers has upheld the pride, tradit/on and honor of the Jewish PVar Veterans of the United States of Amer/ca for there' service to tht~ country from Co/om'a/tames to thc present,' and, Auxi//ary President A4eyers has carried on the trad/tton of the Jewish War Veterans of the United States of America through their hasp/to/, rehab//itation and veterans' service programs, and by ma/nra/nih9 Veterans' Serw'c¢ O/flees in major ct't/es throughout the country. 7he Jew/sh War Veterans a/so proudly supports and funds for the l'srae/i A4/]/tao~ Rest and Rehabi/itaDbn Home in ~eersheba, Israel as we# as supports the £oy Scout orgam~,at/on pray/des summer camp scho/arsh/ps for underpriv//egcd ch//drcn pray/des college scho/arsh/ps for prom?sin9 h/gh school students and undertakes a number o f c/vic be t tcrment projects,' and. 5y/v/a A4eyers, as Depot tmon t o f Florida A uxi//ar)/ Prcs~dcn t o f the Jewish War Veterans of the United States of America for the past year, has upheld the/r proud tradition os the oldest active veterans' organ/sa t/on in America. NOW THEREFORE,, be it proc/aimed by the ~oard of County Commissioners of Call/er County, F/or/da, tho t/t w/shes to extend congra tula t/any and apprec/ot/on for ad'ob we//done by Department of ?/orida Aux/hbrv President Sy/wb A4eyers for her service to the Jewish War Veter'ans af the Urn'ted 5totes of ~mer/ca. DONE AND ORDERED THIS 8th Da?' of June, 1999. ~OARD OF COUiNI T~ COAdAd£SSION~R5 A TTE$ T: DWIGHT,. ~ROCE, CLERE PAMELA 5. MAC'KIE, CH~(IRWOMAN INTERLOCAL AGREEMENT 2 THIS INTERLOCAL AGREEMENT dated th~s /"/ _day of /,. ',',b,',.-/ by and between Collier County. a political subdivision of the Sta~e of Florida. hereinafter referred to as "County" and the North Naples Fire Control and Rescue District. created by Special Act of the legislature in the Laws of Florida 65-2032. hereinafter referred to as "Fire District" WITNESSETH: WHEREAS. this Agreement ~s being entered into between the County and the Fire District for the purpose of establishing dispatch prolocots, rules a~d responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Sect,on 401 ,435, Florida Statutes NOW, THEREFORE, in consideration of the mutual cover~ar~ts prowded here~n and other valuable considerat on. tile parties agree as follows A DISPATCH PROCEDURE Since the Fire Districl Operates on Collier County Sheriff's Office control cha~net tile parties shall operate under ex~sting Collier County .Sheriff's Office dispatched procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B FIRST RESPONDER QUALIFICATION. 'Fo be eligible lo perforn~ as a first responder, an individual under the er'nployment of the Fire District musl (a) successfully complete al a minimum a course which meets or exceeds the 197.9 US Department of Transportation First Responder lraining course. (Proof of course completion is required); and(b) successfully complete an AHA CPR Basic Life Support CourseCor ARC CPR Basic Life Support for professional rescue. (Proof oi' course completion is required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: Alt first responders, upon arriving at a scene and deeming that the scene is safe. w~l beg~n palient care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). Acopy of the guidelines is attached as Exhibit A D. QUALITY ASSURANCE (NON DISCIPLINARY) 1 A quality assurance program will be conducled by the Colt~er Courtly Basic Life Suppod Coordinator (the "Basic Life Support Coordinator") E~nd Medical Director on a monthly basis using the computer hardware, software and run report Run Reports and the appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department Station. will be the responsibility of the Fire District. 2 The Basic Life Support Coordinator will conduct athree-parl quaii~y assurancerev~ew: a. 100% quality assurance review using specially ~les~gned computer software developed by the Emergency Medical Services Departrnent b. Individual run report review by Basic Life Supporl Coordinator or Medical Director C Field evaluation where the Basic Life Support Coord,nator and/or the Medical Director randomly respond to calls without notice to the Fire District. If the computer 2 '1.6 2__.. program determines that ~here is a deviation from the procedures and guidelines a[tached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B 3. The quality assurance worksheet classifies quality assurance concerns ~n the following categories: Level 1: Constitutes a serious breach of protocol and/or has a negative ~mpacl on the patient's prognos~s All Level 1 concerns will be reviewed by the ~r~dividual First Responder together with the Basic Life Support Coordinator. The Basic' l_¢fe Support Coordinator and the Medical Direclor in conjunction with the assigned Fire D~stnct t~aison shall assure that the individual First Responder receive additional training and education Level 2: Constitutes a breach of protocol which had minimal or no ~mpact on the pahent, but would be considered poor chr~ical treatment or decision making Ail Level 2 concerns will be reviewed by the individual First Responder together w~th the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Med~caI Director in conjunction with the assigned Fire District liaison will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor prolocol dewation. Alt Level 3 qualCty assurances shall be considered minor and shall be handled through confidential interdepartmenlal mail Level 4 : Provides a means for communication betwee¢~ individual first responder and Basic Life Support Coordinator. E . IN-SERVICE PROGRAM. The ~n-service program [~rov~des face to face training for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder At a m~nimum twenty one (21) in-services classes a year will be offered at the Fire Districts Stations, see Exhibit C attached. Scheduling of in-services will be done inconjunctio~w~tt~the F~re D~str~ct. The in-services wilt follow the DOT/EMT-B first responder curriculun~ and will contain both didactic and hands-on skill evaluation The Medical Director will approve one (1) hour of Continuing Educational Units (CEU) per hour of in-service topic The CEUs can be applied toward the re-certification of an Emergency MedicaITechn~c~ans(EMT) certificate. Only three absences per First Responder will be allowed in a t,,vo-year period Failure to meet lhis requirement will mean ~mmediate suspension of the ind~wdual First Responder's ability to work under the roles and responsibilities asafirstresponder Actions of this type will involve the Fire District chain of Command. After suspension, an individual First Responder may regain the slalus of a first responder or'fly after completing a wntten exam anda scenario-based evaluation by the Medical Director. In order lo er',hance ~he training program, the Fire District will identify one person to act as the i~a~sor~ to the Basic Life Support Coordinator and the Medical Direclor F Aulomatic External Defibriilalor (AED) TRAINING AED training will be completed every six monlhs through the regularly scheduled ~n-serwceprogram TheAED training will included re-certification of a first responders CPR fo~ Health Care Professional or also known as a Provider -C card when necessary Ali ~ecord keep~r;g and quality assurance will also be handled by the Basic Life Support Coordinator. G . DOCUMENTATION. Upon completion of a medical call, the First Responder meeting the necessary qualifications will enter the appropnate information ~nto the computer and properly complete the run report. The County shallrmsure that the computer is designed to automatically upload the information via modem ~r'~to the ma~n data base located at Collier County Emergency Medical Services at a pre-designed t~me The first responder shall provide the information to the EMS Paramedic team verbally and fon,,vard a completed basic life support run report to the office of the Basic Life Support coordinaIor within 24 hours from the provision of service rendered. All bas~c tife support run reports are confidential medical information and shall be handled consistent w,th federal and s~ate legislation H. EQUIPMENT. All bas~c life support medicalequ~pn~e~t I~ot on the Standardized Equipment List shall receive approval prior to purchase by the Medical D~rector This will create a system which provides for Ihe standardizahon of al', basic I,,fe support r,'nedical equipment throughout the n~ne area fire departments I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES Upon notification, the treatment procedures shall be the respons~bi!dy of the F~re District. J. REIMBURSEMENT: The County shall provide the f~re distr~cts the sum to be paid by the Fire district to the County as a reimbursement towards operational expenses by July 1 of each year. Thru amount w~ll be due and payable before October 31 of each year of the Agreernent. (see exhibit D cost break down) 2 K. FILING: A copy of this Agreement shall be filed w~th the Departrnent of Health and Rehabilitative Services, Bureau of Emergency Medical Services. 1317' Winewood Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier County EMS Department License File L. AGREEMENT TERM This ~nterlocal Agreemer~l shall ren~a~n ~n full force and effective from October 1, 1998 and, thereafter, shall be deemed extended year to year upon the same terms and conditions contained herein. M. TERMINA-i'ION: The County or Fire District may cancel th~s Agreement with or without cause by giving thirty (30) days advance written not~ce of SL~Ch tern',~nat~on to !he other party. N. NOTICE: Notice to the County shall be provided to The Collier County Emergency Medical Services Department . Notice to the Fire L)~str~ct shall be provided to: The North Naples Fire Department 1.6 2. IN WITNESS WHEREOF, the part,es hereto have caused tins u~terlocal Agreement to be executed by their appropriate officials as of the date first above written. DATED: ~ ~/,22,2 ATTEST: ¢ DWIGHT E. BROCK. Deputy Clerk BY: '-d:; ~ ~ ,Z',,(/-/~ /--/¢/:,~,2)/,¢~ Deputy Clerk BY:,'? ~.,~ ;;z ~,;,~,,- zT~.z~ /_/;,~e ~Flagg. Chief ' Emergency Services Departrnerlt BY: (. _-."V /' J---~.-~'-~ Ed Maguire', ~.~i'rman North Naples'tire District BOARD OF C IT',,/ P F C~.J.~.~, , (¢-O~MISSIONERS COLLIER %;~y. FLORIDA ,,. C,ollier County Board of County Commissioner Ro'b'¢rl B.~-l--ober..' ~d;ca~rector Emergenc~ed~cal Servj.ces.Department ..~../' ' . ..... BY:_ ~ :. .,. : ...... Jifn Tobin. Chief Norlh ~ap es Fire Dept. Approved as Io form and legal SLffficiency ,<--. ./ · :.' .-' RDbe,':t hY'~_~chary Assistant County Attorney INTERLOCAL AGREEMENT THIS INTERLOCAI. AGREEMENI' (ialed li'~s day of _:4..:._.:~.~_.~z~___ ~ ...... . by and between Collier County. a pol~/~cal subdivision of lhe Slale of Flor~d;] hereinafter referred Io as "Counly" and lhe Big Corksclew Island F~re Control and f'-~esct~e D~stncl. crealed by Special Act of the leqislature in lhe Laws of Florida 7f-~3.). h(.re~after referred lo as"Fire District" WITNESSETH- WHEREAS Ih~s Agreei~ler~ ~s being ~r~lerecJ ~r~lo belw~m i II~e Cot~nty orlrj the Fire D~slncl for lhe p~rpose of eslal~l~s~ng dlsp~]lct~ prolocr>ls, r~les ;~(t [[~si)or~s~b~llllos of flrsl care re~dered pL~rSL~anl to SecI~c)~401 435 F ondL~ SIr~ LIeS ar~(J olher val~alfle C;Or'lSl(t(~ri~ll(~i t~l~'l parl~s ~f_Ire( as fr)l A DiSPA[(:H l'~lR()Cf!l-)/lltE S~nce lne Fire [-)l'.-;Ir~cl ()t)e~,'~l(?s or~ Coll~(~.r r. Oounly Sheriff's Office conical ct~,~]nr'~el lhe i)artles shall (-q)or,?lle ~r~r. lr?r exlsl~ng Collier County Sheriff s ()[rice (i,sp;~lct~(~d ~roc~x!~r~m als~ r~)for~erl lO ;~s It~-~ Collier (~ounly F~re Chiefs respo~der (~ ~t~v~J~{~l ~r~(l~ I1~ oml)loy~enI al It~ t~re [..)lsl~'l ~luisl (~) successfully ;tnd (b) succossflllly co~lq)l(}te ,;~ At tA CPR Basic l_~le S~l~)i)o~I (}all,se C or 6G2 ARC CF:'R Basic Life Supporl for professional rescue (Proof of (:ourse completion is required). C FIRSI' RESPONDER Ri/LES AND RESF:'ONSIBII IIIF,% All f~rst responders, t. Jpon arriving ,3t ,~ scene ~:~nd rJ(:¢?rt~r~g thFtt ~ sc:e~(: is s;llr) ',.,qll bczrj,r~ p~t~ent care, if needed follow~r~rl lf~e gu~d(~ln..., set fortt~ by t~(:r (.}oll~er (}(.)t~r~ly I~mergency Medical Serwces Depmlment Medical [)lrrmlor (the "Medic;il [)~reclor") A r:r~py of the gt~delines is attached as Exhibit A D OLtAI.ITY ASSU~'tAN(;E NON I)ISCIPI_INARY) 1 A qualily assur;'u~rze l)rogt,'.:~n~ will tnr~ condt~cle(l by tiff? ¢;r)ll~tr (;ounly t~:as~c l_fie Supporl Coord~r~;~tor (Ihe "Basic I.~fe Support Coord~nnlor") nnrt Mr~d~r:;tl l),reclor on a monlhly b~sis ~s~r~(l It~e conff]tflor t~nrctware so¢lwaroandr~ir~ r(:pr~rl RLu~ Ropo¢ls ~]nd the Station. will be lt~e responsff}ll~ly of f~e F~rr} Dislrlcl a 100% rtL¢al~ly asstJrancf-., rewew usuqg spec~;illy (l(;s~(Ir~}cJ COi~.~ijLJ[er soflware d(;velopc;rJ by' Il:r: F_:¢T~or:,:Jc:r~(:y M,:cI~crII ,Sorwcr~.s [')op,~lr Ilif)[lJ (.trlft [[1(.? (;,our]ly's $ol'twaro compony b D~reclor Incl~wrlual run report r~-.~vre, w t)y I-'lasso l_~fr; S~jl)pr)rt (;oordir'~-~tor or Medical c Frelrl eval~h']llor~ w/~(.;re lt~e [~,asic Life Stjpl)ort (;oord~nator and/or the Medical D~reclor r,qndomly respond to calls wilhotit nol~ce Io lhf? Flr.p. D~str~ct If lhe it) G2 cornpuler program determines Ih~-H there is a devlallon from lhe procE;dures and guidelines altached ~n Exh~l')~l A, lhe Basic Life Supporl Coordinalor shall complete a quality assurance worksheel ~n lhe form nf Exhib~l B 3 The quality assurance worksheet class~hes quallly ~]ssurance r:(')rlcerrls ~n lhe follow~ng calegor ~,:',m Level 1 Conslilules a serious breach of prolocol and/or has a negallve ~mpact on the pallenl's prognos~s All Level 1 co~cerns w~ll be rewewed by lt~e itl~tlvld~al F~rsl Responder the Me(hc:;.~l Du~zc:/c~r u] (:o~l~n~c:lu)r~ v,,~lh lhe ,:mS~(lr~ert f:rrr~ [-)~filrlr:t Il;nsf)ri shall mss~re thai Level 2 Cor]stll~l~:.,s a i')l(?nch o1' t)rotocol wt~ch had n'dt~m;~l would be considered l~oor cl~nl(;al l~e~-]t~nenl or der;~s~()r~ ~nr~k~r~g All l.evel 2 concerns w~ll bo reviewed by l~ie indlv~du~l Firsl Respo~der Iogeher wili~ ll~e f~slc l_~e oupport (}oord~nalor The l}{~s~(; l.~fe S~ff~pnrl C(}ord~n~lor and the Me(Im/~l D~rector ~n cunlunchon w~th lhe assigned fZ~re l)~slr~r:l lln~sor~ will asst~re lhftl lbo Irld~,/irh~hl First Responder receive r~ddil~onal Ira~n~ng mhd ed~cat~on Level 3 ConslHt~tes ~-] m~nor i-)r(;Iocol d~:;vl~:lltrbrl All I. evel 3 q~;,.'-]l~ty nss~rances shall be Level 4 Provldf~s ~] II'~:~-J 1S f(')r (:()ll~rflUrl~(:;]t~orl l)~:twr:(;r~ Irt{'Jlv~rh~[ll first res[)onder and Basic Life Supporl Coordinator E IN-SERVICE PROGRAM The ~n-serwce program p~r)v~des face Io face lraming for F~rsl ResponrJer In-serwces will be mandatory for all personnel whose role and respons~bllil~es w~II ~)e or co~ld h~} that of a firsl responder Six ~n-servlces a year will be offered at lhe F~re D~str~cls Stations. see Exhibll C allached Sched~l~ng of ~nservices will be done in conj~nct~on w~th Fire D~strlcls Tt~e uh-serv~ces w~ll lollow the DOT/EMT-B first responder curr~c~l~un and w~tt (:or,lain bc)lh d~rJact~c and ~ands-rjn sk~ll evaluation Only three absences per F~rsl Respor~dor will be allowed ir~ a two-year period. Failure lo meet thru requ~remenl will lllEtCR unrned~31e suspeRslon of the Irld~vir]tl~]l F~rst Responder's ability to work under tt~e roles arid resl~or]sibilllles of a first respr)r~rter AF.:I~or~s of th~s lype will revolve the F~re D~slricl charn r)[ Commrind After stfsi~er~s~or~ an ~nd~wdual First Responder may reg;~ln Ihe stallls of a firsl respor~(ier o~!y after c~r~plelu~g a wr~tlen exam and a scenario-based evalual~on hy the Medical D~rector I~l order lo enhance lhe lrammg program, lhe F~re Dislr~cl w~ll ~dont~fy one person to ncl as l[~e I~a~son to Ihe Basic Life Support CoorrJ~nr~h)¢ nnd It~e Mczrtrr:;tt Direclor F Automatic Externnl F)eflbrilla!or (AEF))TRAINING AED training will be completed every s~x r'nonths thro~/jh the re.qt,!arty sr:herJtll.ed Ir/-sr~rv'~(:e program. Ail record keeping and quahly assurance w~ll also be handled by the k.'ias~c l.ife Support Coordinator G DOCUMENTATION tJl)or'~ cor'npfetlon of a medical call, the First Responder meeting the necessary (F~al~fmnt~c)rls w~ll enter lt~e approprlatr:~ inforrnat~or~ ~nto the computer and properly complele the run report The Counly shall assure that the computer ~s designed lo at~lOnlal~cally iff)load the ~nformat~on wa moden~ ~nto lhe ma~n dala Base located at ColI~er County Emergency Medrcal Services at a pre-des~gned time The first 16 .2 responder shall prowde the Informai~or~ to the EMS Paran~edic lena verbally and forward a completed basic life support run report to the office of the Basic t_~fe Support coordinator w~thin 24 hours from the provision of serwce rendere, d All basic I~fe st~pporl rur-~ reports are confidential medical confldenl~al medical ~nforrnal~on and shall be handled consistent with federal and state te, g~slalion H EQUIPMENT Allbas~cl~fesupport med~calequ~pment not onthe Standardized Equipment List shall receive approval prior to purchase by the Mod,tnt Director This w~ll creale a syslen~ which provides for tt~e standardization of all basic life support medical e(l(~)menl lhrot~,tt~()ul the n~ne area fire departmer~ls NOTIFICATION OF EXPOSURE '10 INFEC-FI()US DISEASFS Upon notification lhetrealment proc:edures shall be Ihe respons~b~l~l,/ of the F~re D~slricl J REIMBURSEMENT The (';oonly shall providell~r; flaer!~$1¢~cls the stem Ir.)be paid by lhe I::~re distnct Io the Courlly ~s a reu'nbursemenl towards operational expenses by July 1 of each year -l'h~s arllOtlI'~ w~lf be due and payable before Oclober 31 of each year of the Agreement (seeexh~b~l Dcost brenkdown) K FILING: Acopyotlh~sAgreement shall be filed wdh the DepartrnentofFtealth and Rehabilitative Serwces Bure.:~nfF_mergencyMed~cal Services 1317 W~nev,,,ood Boulevard. Tallahassee. Florida 32399-0700 v,,,here ~t will be relarned as part of the Collier County EMS Deparlrner~t Lice "~se F~le L AGREEMENT TERM 'Th~s inlerlocal Agreement shall remain ~n full force and effective from October 1. 1998 and. thereafter, shall be deemed extended year to year upon the same tern~s and conditions conta~ed here~n M 'TERMINATION: The Counly or F~re Distnct may cancel this Agreement with or without cause by giwng thirty (30) days advance written not~ce of such termination to the other party N NOTICE Notice to the CoL~nty shall be provided to "['he Collier County Emergency Medical Services Department Notice lo the Fire [)istnct shall be provided to: The Big Corkscrew Island Fire Department IN WITNESS WHEREOF, the parlies hereto have caused Ibis ~nlerlocal Agreement to be executed by lhe~r appropriate officials as of lhe date first above written DATED. ATTEST:F/' DWIGHT E. BROCK. Deputy Cle. rk ~z.z.~ ~,~'~zf~' Deputy Clerk nY: Z,,,,,,.,c 4_?7 ,,,l~i.~r'~e B."Flagg. Ch,ef Emergency Services Department , (, // x ' BY *' ,,'(,'.~ ,.',,' ,, ,- .: -Rer~dTL--yon s. Chairman Big Cork Screw Island Fire D~slnct t~' 7~ ~'Z_. /",_,.. ~.~, ....: :'. ,.,',~..-v.., BOARD OF_~~MiSSIONERS COLI-IER(~tTT .Y~ F LO~R IDA i ,~:n(~ I u '.:; . :.1,,[,' ' i' i .,, , "! ~ i ]'v,,o'in Collier Counly Board of County Commissioner Robert B. Tober. Medical Director Emergency Medical Services Departmenl Approved as to form and legal sufficiency t Rd'bert lq. Za, fihary, Assistant County Attorney INTERLOCAL AGREEMENT THIS IN-r'ERLOCAL AGREEMEN1 dated th~s '~ day of /'~-'V"., Z..- . by and between Collier Count,/. ,3 polltrcal subctivls~on of the Slate of Florida. hereinafter referred to as "Cour~ty" and the 'City of Naples" a mun~.;,pal cr.)rporat~on WITNESSETH: WHEREAS. th~s Agreement rs being enlered ~nlo tmtween lbo County and lhe C~ty of Naples for lhe purl)ese of esl,.'~bl~s!ur'l,': d~si:,,.",,tctl i~r(;locols, rt~les and respons~biI~l~es of F~rsl care rendered t)ur'sllarq Io ,c"-;O(:l~ol'~ ..1()1 435 NOV'./. TiIEREFOIRE. ~l~ c,:)r~s~derat~c:r~ of the rru. d(~al covr.':n?,,r~Is 13rowded here~n and other valuabl,'.; Cr;rlsldorat~or~ '.hr:. p;tr~(,.'-. ;;(jree ;is follov,,$ A DEFINI-f'I¢)N" F~rsl f";,.':,::;~,~}r~dr.~r" !'l~e;ll'~s ;:ul.v employee o! tile C~y of Naples Police and Emergency S(:r',.'~c(;s [),'¢;~,::Irlr~e,"]l '.,',.,II,oil as parl of lhe~r r/ornlal ch~t~es respond to medical emerg(:.nc~es and moq-,tt~ ,'~¢ r.:;xo:orls t~(.' First Responcter Oual~f~cat~ons B DISPATCH PR(.-)CEI-}I.It~E S~r~(:o Ibc'; (}lly of Napl(.?s uses its o',,vrl [)lspalch Center. the parl~e~-: ~ ' .. sl!,.-]l~ operatf~, (J~l¢!r.', lilt'-:. ~:t~rrel'~l rilsp~-a r;h proced~res C FIRS'f RESPOND[':I.I ('.~(I/,,I.II::I(;AIlON -In bt:; eld(j l-e lc) perforl~ as a F~rst Responder an nr ~v~d_lal ~lnde( !!.,., ~;l/l!-)l(),/¢/~r.qil of tl'1~::, (ally, cfi Naples rlu~sl (a) co'nplet(-; at a m!r~ll?ltiP,-I a (OLJf'.-;~' ..'..'hF2h rt',,~:,:';lS Cji' ?x.r:(-)('-)(.JS tt',O 1979 U S Dop,art!?]c-.,r-lt of Transportation F,~sl Respor~(h:~r ',r;~f~:n,[! cot rs(; ('Proof of cc)t~rse co np etlon ~_,7. 't6 2 C FIRST RESF'ONL)[-]R P,()I ES AND RESPC)NSli~II_ITIES All First Rester - -...u ~ders. upon arr~wng at a sc. erie at'~(-I (h';,,r~,~g Itml the scerle is safe. vv~tl beg~n pallC-.',r~l care. ff needed, following lhe OLIC":;II~I,:'S scl [orl~ by Tt~? Collier CeLerity Emergency Medical Services Deparlment Med~cat Dr(;clor (lhe"Med~cal D~reclor") A copy of Ihe g~del~nes ~s attached as Exhibit A D OUAI. I'1Y ASSURAN(:f: Support Coord~r~ator (It~e "Lta.x~c t~fl.., Sup~ort Co(.~rd~r~ator") and Medical D~r,.:.c:tor on a monthly bas~s L~S~r~('! th(; COr'rff')j~t,~;r ~;~r~Jv,.;ar,':; soft,.,vnre hnrt rLJr~ ret)crt Rt~n R, eporls ,:]nd the appropr~ale computer harc.h,v~:~re ~f tUh:'W~ll(tbtO 8l ;:t co-loc~-ded EMS/F~re EMS Department rewew; a 100% qtutl~ly ass~;r.~r~¢:~¢ r(;vm'...,v ll.qltlr~ spociF~lly (teslgned (.:Or'npL~ter software developed by lhe EmOr(ler'~(:y /'../1;~,~iu.:-d ,fi,.,,'vl(:es [)ep::lrtll~(;¢ll ~t¢ut It~e Co~.~rlly's software company b Ind~wcfl~;il i"t~t~ rt:i~r~,t[ r.:¢vle'.,',,, ~)y [';~IF, IC Ill(; Support Coord~r'~ator or Medical D~reclor c F~eld ovz~,h¢,'-~t~(~t~ v,,~r~r~: '.~,; [~,ns;( [_~fe. S(~;)port (}oo/dlr'~alor and/or the Medical DIreclor rar~rloml¥, rc]s[;oI'l(] ',o c;ifl':. '.',.'tt~c]~t r](';llc:,'".. Io t~l(.~ C~ty of Naples If the compt~ter program deter~n~,m (t~r~t there ;.~; :, .'h:,.,~nttr}r~. froth/ t!~r; pf©r:ecttues rind (.]~:idel~nes attached worksheet in lhe forln of E×mhll [-~, 3 The quality assur,~t]ce wc)rksh(::')l cl,:'~ssff~es qu[']l~ly assurance concerns ~n the follow~ng categories Level 1 Constit~tos ~] s,2rlOL~S t~ronch of prnlOCOI and/or has a nogalive ~mp~ct on tho pallent's prognosrs All Level 1 cor~,'~rr~s wi!! [)~ revlewe(t by Itle ~r]d~vr(Jt~;]l F~rsl FResl~onder together with the Bas~c Life Support Coordinator. The Basic Life Supporl Coord~r~]tor and the Medical Director in conlunct~nn ,.v~h the assigned City of Naples liaison shall ass~re lhal the indiwdual First Responder receive ac]d~t~onal Ira~n~ng and education would be cons~dc:red poor cl~]u_:{tl !rf~(llttlO~lt Or doos~or) making All Level 2 cc:ncc:rr]s will be reviewed by It]e ~(t~v~t~[:~l f-~sl Res!~c~nder togelt~er w~tt~ lhe Basic [.~fe Supporl Coordinator 'Tt~e Basic Life S[~pl~orl Coord~nalor and the Modical Director w~th the assigned City of N;i[)les Ii31sotq w~ll assliro Ill;il the indlv~dt]al F~rst Rosponder receive addilior~al lra~n~ng and Level 3 Gonst~l~llp. s ,-.] II'~rl[)r l,r~;l~-nl rlc'~,,,~r~1 ('.,'~ Al! [~!v':l 3 (I~lnl~ty nsst ~- ~,co..~ s~-~ll t),..~ considered mirror and shall he ha~'~tle(t lhro~qh co~ff~ctenlial inlerdepartmenlal ma~l Level 4 Provides a means for ,::nmmtn]rr:r,,t~or~ bc:,t,,voer~ ~nd~wdt~al [:~rst F~espor~d(;r and Basic Life Support Conrd~nalor for First Fiesponder In-ser,.,~cr:)s '~,',,~11 t~e :nnr~dnlory [or ;ill porsor~r~(?l whose rolo. and responsibililies w~ll be or could ,he I!1;]I of a flrsl responder Al ,'~ m~n~rnum -[wenty ()r~e (21) in-services classes a year will be offered at Ihe Naples Police and Emergency Services Oeparlmenl City Fire Slalinrlorm. (l)anctlv,/n(2). see Exhii,l C attached Scheduling of the in-services will be done ~r~ conjunction w~lh the C~ly of Naples F~re Deparlment The ~n- services will follow lhe DOT/~MT-B first responrter curriculum and w~ll conlam both d~daclic and hands-on sk~lt evaluation Only lhree a!~sences per Flrsl Responder w~ll be allowed ~n individual First Responder's ab~l~ly to work ~nder lhe roles and respons~bll~t~es rj~ a flrsl responder Actions of Ibis lype ,..v~ll ~nvolve lhe (]dy of Nai~les F~re Departmenl Chain el Command After suspension fin ~nd~v~d~al l-~rst Respor~der may regain the stal~s of a first responder only after completinfl n v.,rdler, ex;ira and a scenario-based evaluation by the Medical D~reclor h~ o~(ler to er~t~.~r'.::',~ the ',~n~n~(~ progrnn~ tho CIly o[ Naples v.,~[i ~dent~fy one person Io act ;is Ihe I~a~sor~ tr~ l~]e [{as~c [.~f(-] ~up[')ort Coorcfinalor ~t[~d t~(? Medical D~rector F Atlonal,c fTxter~ril l)"~fi,brt,ht.r' )r iA,El-)) TRAINING AED Ira~r~r~r: ',.v,il be Coordinator G DOCUMENT-ATION (Il)on co~npl,:l~on of a medical call, tt~e F~rsl R,.~sponder meeling lhe necessary (Iuallflc;ll~r)qs ',,v~l! r;r~lr;r lhe appropriate ~nforr'nat~on ~nto lhe located at Collier Co~Jnly Er'nerger~cy Medrcnl S(~rv~c¢;s at a pre-desKjned t~me The F~rst Responder shall provtrle Ih(;) ~nfr')ran;]t~on Io ',t~,n, EMS Pararned¢c lean~ verbally and forward a completed basic I~fr; Sti¢')t)ort fLIrt r',el,nrt Ir; l!~; (~tf~ce of the Rasic Life Support coordinator within 24 hours frornlheprovis~or~ofserwcerendered All bas~clife support run reports are confidential medical i~fforrnr~l~or-~ anrt shall t)~:; handled cons stent with federal and stale legislation t4 EOUIPIvlENT All bas;c I~fe. sul~port medical ec!ulpr'ner~l, not on lhe Standardized Eq~prnenl List st~,:~!l rece~vr, r~pl..~roval peer Io pt~rchase by lhe Medical Director. This w~ll creale a systr;m wt'~ich provides for the slandardrzation of r~il basic I~[e support rnedical equ~pmenl throughoul lhe r~ne area [ire depadrner'~Is NOTIFICATION OF I:'XI~(.)SURL TO INFECTI()US DISEASES Upon notificalion lhe Irealmenl prr~(:ech~res s!],'-~ll he the respor~s~b~lrty of ti~e C~l,,, of Naples J REIMBURSEi'~EN'I 1t ,-'.~ Coun'..;, s~u-.lll l;r o',,, i d,:.? ~h,:? (;~t~,' tt~e s~.un to be i':~'~.t by the City lo lhe County as a rc-:~n~t',~rs(;~u'_;r-,t lo",a~ris (~I~era ~r.)nhl c'xpe~'~ses 1:)7 ,.j,.~,,y ! ,,.-~f each year This arnounl will be due and p~-]y,-~.ble before Oclober 31 oi' each ye~t.~r c;f the Agreement (see exh~b~l D Cosl br .,,ak do,,vr~) K FILING A coI*y vv~ll I',.,:-: filed ~r~ t~'~e c.ffflc~nl records of (}oilier- Co~¢nt,,, by the County's Clerk to the Board A c:opv of t!~s Aflree~nent ,.,v~ll also be filed w~th lhe Florida Deparlment of Health. Bureau oi' [-~mergency Medical Services. 13t7 Winewood Boulevard Tallahassee. FIoCrda. 32399-07'0,:-1 ,.vier;re ~', v...~li be r'elc~r'~e,'t .'-ts parl of lhe C;olll~.:r County EMS Department L~c(-;nse FiIc~ L AGREEMENT -I'f~R.M 'lt~s; In erlr)cql Aqr'ec.~¢l~e¢ll s~r~l! re hain ~n full force and effective from C)cloher 1. l~jgh; ;-u,'t t~lr~r,.);~fler, st~.':-]ll h(.; dc;e~nc;d extended yerir Io year upon the same terms and cor/(]lllO,iS l M -i"ERMINATION The (']u~,~ly or (}dy of Nnples may cancel lhis Agreemenl vwlh I;~ w~thout cause by, 9n.,~rF lt~rt,/ (3{}~ ri;?.ys a¢t,,,,ar~ce v,,r~llen nnt~ce, of such lerm~nalon to the other parly N. NOTICE Nol~ce to ti~e Co~xx,, shall be provided lo The Coli~er (}aunty Emergency Medical Services DeparlI'aent Notice to It~(? C~ly shall be prov¢ eot to The Naples Police & Emer(jency Services Depa~tmer~l IN WITNESS WHEREOF, Itx.~ part~c:s t;erc, lo have ca~se(t lh~s interlocal A rc..r'ncn, to be execuled by their appropr~ale nfflc~n s ns of It~e date l~rst above written DA ED' 4/ xz ATTEST':' -- .......... DWIGHT E BROCK [)c%~ty CI,'__.:.,~. i'~ ...... ; DIll W~ne~t. Mayt~r Al)prc....(.az~d as ICl legal form and conlent Nc.~erl N Zachary. Asst CountyAllorr~ey Dated; , /ara A. Norman. City Clerk Dr p~oberl'B Tob'er[ ,'\plxov(:,d as Io h-~gnl form and conlers Kenneth Ouyler. City Atlo,~/ 2 INTERLOCALAGREEMENT THIS INTERLOCAL AGREEMENT dated this 17th day of May, i999 ....... . by and between Co!i~er County, a polil~ca! subd~,.,,s~c;n of tho State of Florida. herc.~q~:fter referred to as "County" and the C~ty of I,,1.:~rco Island a poi~',~ca', s,db:!~visio:,, of the State of Florida. hereinafter referred toas'C~ty WITNESSETH: WHEREAS, this Agreement is being entered into belv,,een the County and lhe Oily for the purpose of establishing dispatch protocols roles and respons~bi!il~es of ~irs~ responder personnel in an emer(?r~cy scene and the do.':umentat~on required for r:'.,at~ent care rendered pursuant Io Sect;o.,', ,',0 i ..'12,5. Flor~cln Statutes NOW, THEREFORE. in consideral~on of lhe mutua! covenan',s prov~cled here:n and other valuable consideration, th© part,es agree as foliov/s A DISPATCH PROCEDURE S~nce lhe Cily opera'.es cc, Collier' CountF Sheriffs Office aontrol channel, the parl~es shall operate under ex~st~ng Collier Coun',v Sheriff's Office dispalch procedures, also referred Io as the Col!~er Counly F~re Chiefs Communication Manual B. FIRST RES°ONDER. OUAL!FICATION To be eliqib!e., to pe~orm as a ~r_~' ~' responder, an individual under the employmen', of the 0il,/ mus! (a) successfully complele at a minimum 8 COu~SG which meets or e:~ceeds" ~ .. ,,n~ :979 US Department of Transportation First R~s. ~'-~, ~ ~p.on3.:., tra~n~n3 course (Proof of course completion is required); and (b) ~ ~ ~' ~',' ~u~so,u,,y complete anAHA CPR Basic L~fe Support Course C or ARC CPR Basic Life Support for professional rescue (Proof of course com,~:,~on ~s required) 16fi- 2 responders, patient care, if needed, following the g,..,delines set forth by the Emergency Medical Services Medtcal Director (the "Medical Diresstor"). guidelines is attached as Exhibit A D OUALITYASSIJRANCE (NON DISCIPLINARY) i A quality assulrance program ',v~ll be condLicte:~ by tt;e Collier COLIn',;' Basic Life Support Coord,nalor (the"Bas~c L~fe Supporl Coordinator") and Medical D,rector on a monthlF bas~s us;n,.}: cor',~pu:e: ;narc!.,..are. sefi.,,.,~';re and r(~r'~ re;sorts Run Reports and the appropriate computer hardware ~f ~.,'na~'.'a~lable a: a co-loc.'--..:e:~ Ei'.,'lS/F~re De!',ar~ment Station. wilt be the responsibility of the City 2 The Basic Life Support Coord~na',or ,..,,~;i conc::;c': c., t",r©e-p.~rt .c: ;{':lily assurance review FIRST RESPONDER ROLES AND RESPONSIBILITIES: Ail first upon arrivina a, a scene and d .... '~n~ th~:t the scen~ is safe. ,.,,'ill begin Collier Cou'n,,,',' A COp'/ C;f '~ ~ a. 100% qua',~ty asscJrance r'ev~e,,v using spec:a'.i)' des~cned cor'r, pL~ter software developed by Ihe Emergency t','~ed~.ca Services Depart,sent and tine County's sofiv,'are company b Individual run report rev;e,,v ~y Basic L,fe S~.~pporl Coord~nalor or MecJica! Director. c Field evaluation ,,..,here lhe Bas,.c L,fe Support Coordinator and/or the Medical D~rector randomly respond to calls v,,itnout no',~ce to the C~ty If the co~.nputer program delermines that Ii, ere ~s a de..,~at,o'n, from the procedures and gu;,~el~nes atlached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in lhe form of Exhibit B 3 The quahty assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Consfilutes a serious breash of protoool and/or has a negative impacl on the patient's prognosis All Level 1 concerns ',,,,,iii be ~'ev~e',,ved b7 t~e individual F~rs~ Responder Iogether wilh the Bas,c Life Support Coordinator. The Basic. Life S~.Jpport Coordinator and the Medical Director ~n conjunction wilh the assigned Cily liaison shall assure thai the individual Firs~ Responder receives additional training and edLJca',,on Level 2' ConsL~tu,es a breach of prolocol which had minimal or no impacl on the pat~enl but would be considered poor clin;cal lrealment or decision m~.-,~,,a All Level 2 concerns ,.',,'ill be reviewed b,y the indivic!ual F~rst Responder together v,,i!h ~ne Basic Life SL,'pport Coordinalor ]'he Basic Life Support Coordina!or and IheI',.,'led~ca! Director in coniuncl~on wilh lhe assigned City I~aison w;li assure thal the ~nd~'.,:d',.]al F~rsl Responder additional training ande. duca,~on' Level 3: Conslitutes a re;nor orotoco de',,,ialion All Level .3 c~,._.,ai~7 assurances ' , Sr,~,,, be considered minor and shall be handled through confidenlial interdepartmental mail Level 4 · Provides a means Life Support Ceord,nator. E IN-SERVICE PROGRAM The n-service.Droc:r~-,m~ provides M~..~--~ to face lraining :or First Responder. In-services v.~il be mandalor?, for ~!1 personnel who~_~ ro,:'~ and responsibilities will, be or could be Ih~t of a first r~s~_ ..,,"",'- '",d~r~ Thirty Six (36) in-services classes a year ,...,itl be offered at the Cily station, see Exhibit C attached. Scheduling of in-services ,,,.,iii be done in conjunction with Ihe Cily Liaison The in-services ,,viii follow the DOT/EMT-B flrsl responder curr~cuhJm and ,,,,,ill contain both didactic and hands-or~ skill evaluation Only three absences per First Responder will be allowed ~r'~ a two-year period F;~lure to meet th~s r.:_~qt.:ir'emen[ ',,,.,ill mean immediate suspension of the fr'l('JlVl(.tL.h-~l F~rsl Responder's ability' to work under tine roles and responsibilrties of a first responder. Acl~on of this type will involve the Public Safely Deparlment chain of commar~d After suspension, an individua! First Responder may regain lhe slatus of a first responder only after completing a vmtlen exam and a scenario- based evaluation by the Medical Direclor In order Io enhance the Irair-Hn.,.¢ program, the City ,.,,,ill identify one person to a~', ;ns lhe I~a~son 13 :he Basi,? [~;e Su.:";?or~ Coord:na:or and the Medical Director. F. Automatic External Defibrillator (AED) TRAINING AED traim~ne ,,,...ii! completed every six monlhs lhrough lhe regularly schod~led ~n-ser,,'~:e program record keeping and quali~y assurance ,...,~ a.~o , ,~ ;, ,,_:,~ ~)~ .... ~ ~ ,- Coordinator. All G DOCUMENTATION Upon comp!et~or~ of a ~ ~, ~ cal ¢,¢ · m¢c,,c~:, l, the First R~pon~,zr meeting the necessary ~' .... quol~,~..a~ons ~',.'~,, en,~:,'-- in¢~. approp,nete ~n,orma' ' tion into the computer and properly con~p~,~ the run report The Court'.,, 5h811 assure computer is designed lo automatically up~o~d the ~pforrnation v;a n~odo:n into the data bas~ located at Collier County Emergency ,,'le~.cal Services ~:t e~ pre-des~cjne.~ l~me The first responder shall provide the ~nfor'mat~on (o the EMS Paramedic team verbally and foc.,vard a comple[ed basic life support run report lo - . ,n~ office of the Basic L,ei' Support coordinalor within 24 hours from ~ t,,~ provision of serv~se rendered A~lba_:~life support run reports are confidential medical information and sha!l be handled consistent with federal and state legislation. H. EQUIPMENT. Ali basic l~fe support rnedica! ec~u~pmenl, not on ti~e Standardized Equipmen[ Lisl shall receive approval prior 1o purchase by the Medical Director This will create a system which provides for the standard~zat~on,ofa!l bas~c I~fe support medical equipment throughout the nine area fire departments I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES Upon notifica ~on the lreatmer~' procedures shall be '¢'~_~' responsib,,l~y of the Ci', J. REIMBURSEMENT The Counly shall provide the O~ty (i~e sum to be pa~d by the Ci[y to the Cou,qty as a reimbursemen~ towards operational expenses by Ma:,, i of each year for the next year. This amount will be due and payable before October 31 of each year of the Agreement. (see exhibil D cost break down) K FILING A copy o~ this Agreement shall be file:.tv,.ilhttne Department of Health and Rehabilitative Services. Bureau o," Emergency Medical Services. 1317 Winewood Boulevard, Tallahassee. Florida. 32399-0700 ,,',,here ~t ',,v,'l be retained as part of li~e Collier County EMS Deportmen~ License F~le L AGREEMENT TERM This~nterlocal ~-, ~ - A.~r..emen', sh,'~!l re,hain in full force ~.nd effective from Oclober 1, 199.6 a-~r!, thereafter, shall be deemed extended year to year upon the same terms and conditions cont~..,n..d-",., ~,' herein. M. TERMINATION. The County or City may cancel this Agreemenl with or without cause by g~ving thirty (30) days advance written notice of sucl~ termina!ion lo the other party. In case of terminalion only funds remaining in the BLS Coordinators expenses, shall be prorated on an in service class basis and reimbursed to the Cily N NOTICE: Notice to the Cour~ty shall be provided to "The Collier County Emergency Medical Services Department . Nolice to lhe City shall b,:: provided Io The Marco Island Public Sai~ely Departmenl of IN WITNESS WHEREOF, this Agree;'nent ,,'/as execuled ;n~s ~Yth 1999 by t,he undersigned day DATED: ~ ,~z ,,/,,~,~/q' ATTEST; ' DWIGHT E. BROCK, Deputy Clerk David Brandl, Chairman City of Marco Island BY: Diane B. Flagg, Chief Emergency Services D~parlmenl By:,:/ (" "~;' A. William Moss City Manager/City Clerk Approved as to form and legal sufficiency Kenneth B. Cuyler City Attorney BOARD O F~0~I~"~Vi i~.,11S S t 0 N E R S BY:~ a B. Mac'~ Chai~om.:n Collier Counl Y . obert B. Tob~r, Medica~D~rec~or Emergeacy Med~ca~ Services Qepadment Approved es Io forn~ and legal sufficiency .-.~' . ~.~ Robed N. Za~,'~hary. Assislan~ County Attorney Memo To: From: Date: Re: Routimg Bookkeeping Department May 20, 1999 Public Defender Satisfaction of Lien HAY 2 4 1999 Please sign and send to the next office listed below: ___~_v,,..._ ¼- ,.. _ County Attorney's Office Board of County Commissioners Recording Department Return to Bookkeeping Department · Page 1 S,.kTISI:..XCTION OF LIEN }.'O1~, SI.:RV[('I-:S OF TIlE PUIILIC DEFENI)ER *** 2489109 OR: 2556 PG: 3374 *** R~CORDED i~ OFFICIAL RECORDS of COLLIER COUP?Y, iL 06/10/]999 aL 07:55AM DWIGHT E. BROCK, CLERK REC FE~ 6.00 KNOW ,.\1.I, .x. IIZN 13'¢ TIIESE PRESENTS that COLI..iI{R COUNTY FI,OI*,II)..\, U:;ough its OF C().\INIISSIONI[RS. is lhe owner and holder ora certain lien againsl: A Ivcrcz. Elias Torres - AKA ,,\lvarez, Elias 9708912MMA For scrvlc~.,s of the Public I)cfcnder, bearing thc date of thc 30th day' of Dcccmbcr. 1997 recorded in of thc ('Ic~k of the ('ircuit ('ourt of Collier County, Florida. securing the pr/nc/pal sum o1' l:il'ly Dollars. under F~l~al Judgclllcnl and ()rdcr recorded {I10flScial Record book 2379, page 3313 . 'I'hc l~o::rd 0t'Counly Connmss~oners ot'Colher County hcrcbv acknowledges f'ulI payment and oFsa~d ~ tn. hereby surrenders that same as canceled, and hcrc~v dirccls thai thc (TIcr~ oFsaid (?ircuit cancel lh~s lien of'record. iN \VI'I >"ESS \VI[EP, EOF, The Board oFCounty Commlssltmers of Collier County, FJ,)rida, hereby directs that i~s <.'!~irman execute this .Satisfaction of Lien in ~Is name. ,1999. I~OAP, D OF C:OUN'I"~' C;O.\IMISSIONERS COLLIER COI.;NT¥, FLORIDA BY: Pamela S..\lac'Kie Chairx~ oman ..\ssislall[ (',,Mii!!¥ ,'\ttorllcv PR. EPAI~.ED B'~': CLERK OF 'FIII5 CII~.(:I,.;IT C'OI. LRT P.O. BOX 413044 ' NAPLES, FI,OI{IDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF 'File PUBLIC DEI:I{NI)EP, *** 2489110 OR: 2556 PG: 3375 *** RRCORDgD in OFFICIAL RECORDS of COLLIER COUNTY[ FL 06/10/1999 at 07:56AM DWIGHT E. BROCK, CLERK Ret. ri: / loll! KNOW .,\LL MEN BY 'Fl IESE i'RESENTS that COLLIER COUNTY FLOP, IDA, through/ts BOAP, D OF COMMISSIONERS, is the owner arid holder ora certain lien against: CASE NUMBER: Amrhein. Karl Adolf 9804324MMA }:or services of the Public Defender. bearing the date oft. he 25th day of November, 1998 recorded in office of the Clerk of the Circuit Cour~ of Collier Count3,,, Flor/da, securing the principal sum of T;venty-Fi,~,e Dollars, under Final Judgement and Order recorded in Official Record book 2489, page 2237. The Board of Count3,' Commissioners of Collier County hereby acknowledges full paymcnt and satisfaction of said lien, hereby' surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel Otis lien of record. ' IN *'.\' IT'NESS WIIER EOF, The Board of County Commissioners of Collier County, Florida. hereby directs that itsChamnan exes. me this Satisfaction of Lien in its name. ' ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1~: "' a/Va/Va/Va/Va/Va/Vfi~el~S(. X~ac'KiJ / "- Chainvoman ----- %1 Assistant Ct0.,tnty Attorney PREPARED BY: CLERK OF TIlE OlRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 S.-'CI'ISI:.,\CTION OF LIEN FOI~ SEIUv'ICES OF TIlE I'UBI.IC I)EI"ENI)ER *** 2489111 OR: 2556 PG: 3376 *** RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥; FL 06/10/1999 at 07:56A.~ DWIGHT E. BROCK, CLERK R~C ?~ 6.00 KNOW ..\[.[. MEN BY TtIESE PRESENTS that COLI.IER COUNTY FLORIDA, through ils BOARD OF CO5, MISSIONERS. is the owner and holder ot'a certain lien against: C..\S I{ XUMIH~R: 9805318MM,.\ .,\ yala. ,.\rmando For services of the Public Defender, bearing tile date of thc 5th da}' of Sop ember 199S recorded in office of thc Clerk of the Circuit Court of Collier County, Florida, securing tile principal sum of Twenty-Five under Final Judgement and Order recorded in Official Record book 2461. ?age 1507 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien. hereby surrenders that same as canceled, and hcrci>v directs that the Clerk of said Circuit Court cancel this lien ol'rccord. tN V',ITNESS V,/HEREOF, The Board of County Commissioners o£Collicr County. Florida, hereby directs tl~at ,:rs Chairman execute this Satisfaction of Lien in its name. I{xo_'.~tcd this ~ day o£ ..VI'i '£ST: · , .. ' ... Clerk ofCircuit ,f. Joq~ ~ I, I,j , ..\pprox cd as to form legal sut'.qc~zncy ,1999. BOARD OF COUNTY COMMISSIONERS COLLIEP, COUNTY. I:I.ORID..\ Pamela S. Mac'Kie Chairwoman .-\ssista::t (',,uritv .'\ttm'nev PREI':\RED BY: CLERK OF Tltl! ('IF, Ct;IT COURT P.O. BOX 41304-1 NAPLES, FI.ORIDA 34101-3044 SATISFACTION OF IAEN FOR SERVICES OF 'File PUItLIC DEFENI)ER *** 2489112 OR: 2556 PG: 3377 *** ;~ICOI~DD in O~IClAI~ Ri¢ORDS of COSLI~It COIJlql,' ~L 06/10/1999 at 07:56~ DWIGHT E, BROCK, CA~RK R~C ~H ~, O0 KNOW A[.L MF~N BY TtIESE PRESF. NTS that COLI.IER COUN'IW FLORII)A, through its BOARD OF COM,\IISSIONERS. is the owner and holder of a certain lien against: CASE NLLM [3ER: Breauh, Michael Joseph - AKA Breauh, Michel Joseph 9806087MMA [:or services of the Public Defender, bearing the date of thc 25th day of Nuvcmbcr. ]998 recorded in of/kc of the Ch:rk of thc Circuit Court o1' Collier Count',,, Florida, securing thc principal sum of Twcnty-/:ivc Dollars. ' under Final Judgement and Order recorded in Official Record book 2489, page 2236. The B~au'd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and herebv al]reels thai tile Clerk oFsaid Circuit Court cancel this lien of record. IN \VII'NESS WI'IEREOF, The Board of County Commissioners of Collier County, [:lorida, hereby dirccls that it~ Chairman execute this Satisfaction of Lien in its name. Exea:~d this _,~ day or ~ ATTf. k of Circuit Cour~ ' ' 'Attest as to Chairman's stgaat~re on)j. Appro're~t as to lbrm legal suflk'icncy ,1999. BOARD OF COUNTY CO.\hMISSIONERS COLLIL:R C. OUNTY, FLOI<IDA BY: Pamela S. Mae'Kit Chairwonlan Assistant ~'a'rntv ,'\ttomev PREPA RE D I?,Y: CLERK OF TIlE C:IRCUIT COt.;R'F P.O. BOX 4t3044 NAPLES, FI.()RII),,\ 34101-3044 SATISF/~CTION OF I.IEN FOil SERVICES OF TIlE PUBI. IC I)FFENI)EI{ *** 2489113 OR: 2556 PG: 3378 *** RECORDED in OFFICIAL RECORDS of COLLIER COU~?~ FL 06/10/I999 at 07:56AM DWIGHT E, BROCK, CLNRI -- :"" ~ t t KNOW ,'\I.I. ,MEN I15' TIIESE I)P, ESENTS that COLLIER COUNTY FLORII)A. through ~ts BOARD OF COM.".I[SS[ONERS. is ,tl~¢ owner and holder of a certain lien against: CASIi Cardcntcy. Gladys Marie - AK,\ Pcrcz. Gl:tdvs 9811016MMA For services of Lite Public Defender. bearing the dale el~Lite 26th day afMarch. 199't Iccordcd in et'floc of d~c Clerk uf d~c Circuit Court of Collier Counly, Flor/da. sccurin~ thc principal sum {~l"Fwcnty-Fivc Do/Jars. under Final Judgcmcm and Order recorded m OFficial Record book 2532, page 1571 . Thc I3o~ rd of Cotltlly Commissioners of Collier Coumy hereby acknowledges fu Il paylllcnl and el'said I~cn. hereby su~cndcrs that same as canceled, and hcrc~v directs tha~ thc ('lock ol'saxt Circuit Cour~ cancel lifts lien of record. IN \VITN[!SS \VI IL:REeF. '[1~c Board of County Corem ssioncrs of C~dlicr C(mntx', Florida. hcrchv directs th:l[ ils (~irlllaIl CXCC[llc dUS SatiM~clion of I.icn m ,ts ,~amc. ' Exccutcdthis_.~ dayof ~ . 1999. A'FI'[!S' I"' t~'~-~St .lS tO Chd~r~drl,s BOARD OF COUNT'/CO,\IMISSIONERS COLLIER C'OUN'I"C FLORID,,\ l:lh': Pamela S. ,\lac'Kit Chairx~ oman ..\sSiSlant ('m:nW ?,Ilc, rr~cy PRI{P,'\ RI{I) H.'f: C'I.I!RK OF TtlF. ()t'[CI.TI' C()URT P.(). BOX -113044 N.,\ PI~ES. FI.OR ID,,\ 34 I 01-3044 SATISFACTION OF LIEN F(I~/SERVICES OF TIlE I'UBLIC DEFENI)Ell *** 2489114 OR: 2556 PG: 3379 *** RECORDED in OFFICIAL RECORDS of COLLIER COU~?I, FL 06/10/1999 at 07:56AM DWIGHT E, BROCK, CL~RK REC FEE 6,00 Retn: KNOW ALI. MF.N 135' TIIESF. PRESI~NTS that C'OI.IJER COUNTY FI/)RII)A, fluough i~s lt()ARI) OF COMMISSIONERS, ls 'J)c owner and holder of a certain lien against: (;,'",SI'.' N UM tt ER: 9804703MMA Council, :\aron For services of the Public Defender, bear/hA tile date of the 13dl (lay of August, 1998 recorded in ol'ficc m' thc Clerk of thc Circui~ Court o£ Coil/er Counlv. Florida, sccuring dm principal sum o,r Twcmv-Fivc Dollars, ' . under Final Judgement and Order recorded ia Official Record book ~' ~,.,53, page 1.125 . The Board of Cour~ty Commissioners of (7oliicr County hereby acknowlcdgcs full pavn"~cnl and satlslSctitm of said lien, hereby surrenders that same as canceled, and hereby directs that thc Clcr~ or'said Circtm Cot,ri cancel this lien ofrccord, ' IN WITN'ESS WHEREOF, The Board of County Commissioners of Coil/ct Coum;' Flor/da. hcrcbv directs that/ts Ghairman cxecule this Satisfaction of Lien in/ts name. Executed this _~.~____ flay of _~ . 1999. ..ATIT:.ST: '. ,2/, Attest as to Chairman's s..]~nature on).~. '~ppmvcd as to tbm) l%:al sufficiency BOA RI) OF C()UNTY COX 151 ISSION ERS COL[.II{R COUNTY, FI.()RIDA Pamela Sm Mae'Kit (:]lairwoman ,'\ss, ;~an~'County A ttor~'y PREPARED BY: CLERK. OF Till:' (ZlRCt!!T P.O. BOX 41 N.'\t'LES. FI.ORII)A 34101 SATISFACTION OF IAEN I-'()i~ SEI~,\'ICES O1: TI IE I)UBI,IC I)EFENI)ER *** 2489115 OR: 2556 PG: 3380 *** RECORDED in O~HCIAL RECORDS of COLLIER COUIITT,' FL 06/10/I999 a[ 07:56AM DWIGHT E. BROC[, CL~RI R~C ?~ ~.00 Retn: q KN( )\V Al.l. ,",1L:N B'f TI IESE I'RESI:'NTS that CO[.I.IER COUNTY I"[.()RH)A. through its OF ('().MMISSIONI..'RS. is linc owner arm holder o£a ccnam lien against: C]nzz, .Sanlos l.cbmn 9900135M.\1/\ Fm sct','lccs of thc I't,blic l)clLmdcr, bearing thc dale of thc 26th day of March. 1999 recorded m office th~ Clerk ol'lhc (Ti~cuit Court of Collier CoUrtly, Florida. scenting thc principal sum of'Twcnt)'-Fivc I)o;lars. umk'r Final Judgemcn~ and Order recorded in Official Record book 2532. page ~ 5,%. 'I'b: Board of( 'otmly ("omm/ssioners of (]oilier Counly hereby acknowledges thll paymcn~ ami satisfaction of said lien. hereby :mrrcnders that same as canceled, and hereby directs fl~at ~l~c Clerk t)(said Circuit ca, cci this lien ol'rucord. WITNESS \\'/~iFR. EOF, ll~e Board of County Cormnissioncrs of Collier ~al lis ('hairman c,tccute this Safis£acti~m of Lien in its name. l'xccuted this _,~"__-;~._ ,:lay of ., ,,'ITl!ST~ · .. ' ' : I klrCtlll ',..ourt ' pprovcd as to ibm~'lcgal sut'ficicno.. · 1999· Assl:--.r.m[ Comm,, A Ilorf~,y PREP:\RF.D CLERK OF Till': (~IP,(:I;IT C'(3UP, T P.O. BOX 413044 N,'\PI.F.S, FI.ORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF TIlE PUIILIC DEFENI)I<R *** 2489116 OR: 2556 PG: 3381 *** 06/I0/~999 at 07:56AM DWIGHT E, BROCK, CLERK CASHIER KNOW ALI. MEN BY TItESE PRESENTS that COI.LIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMBER: Eghec, Marioly - :\IG\ Eghec, Marioly 9708492 M,',,IA For services of the Public Defender, bearing the (late oft.he 190~ day of November. 1997 recorded in of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forr,,' Dollars, under Final Judgement and Order recorded in Official Record book 2370, page 3158 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same :is canceled, and hereby directs Ih:it thc Clerk or'said Citer, it Court cancel this lien of record. IN WI'I'NESS ",VIiEREOF, The Board of County Commissioners of Collier County. Florida, hereby directs that/ts Chairman execute this Satisfaction o£ Lien in its name. Executed this .~dayof ~ " "i/, / · 'ATTEST: '-", 999. BOARD OF COUNTY COMMISSIONERS COLLIF. R COUNTY. FLOP, IDA BY: Pamela S. Mac'Kie Chairwoman PREPARED CLERK OF I'}tE CIRCUIT COURT P.O. BOX 413044 NAPLES, FI.OR IDA 34101-3044 SATISFACTION OF I,IEN FOR SERVICES OF TIlE I'UBIAC I)EFENDEI~ *** 2489117 OR: 2556 PG: 3382 *** 06/!0/I999 at 07:56~ D~IOff? ~. BROCK, CLIRK KNOV',' Al.l..MEN 115' 'DIESE PRESIiNTS thai COI.I.ll.iR COUNTY FIX)RID/\, Ihtough ils BOAP, D OF COMMISSI()NI!p,s, is the owner and holder of a certain lien against: CASE 9811400MMA Falcon, Leoncl }':or ser;'iccs of thc Pubhc Dc/'endcr. bearing Ibc dale of thc 26th day of March. 1999 rcc()rdcd m office of Ibc Clerk of ih,: Circuit Cour! of Collier Counlv, Florida. sccurinu Ibc principal sum o£Twernv-Fivc Dollars. - _ . under Final Judgement and Order recorded m Official P, ccord book 2532, page 1574 . Thc Board of'County Commissioners of Collier Counlv hcrcb,, acknowledges full pavment and salis/'acIi() i of said hcu. hereby st, rrcndcrs thai same as canceled, and hcrcby direcls that thc Clerk of said Circuit Courl cancel thi:; litm of record. IN WITN ESS \Vt IEREOF, 'D~c Board of County Commissioners of Collier County, Florida, hereby directs that/ts Chairman execute this Satisfaction of Lien in its name. Excculed '~fii:s /,.57~ day of ~,l 9{)9. ..Vl'Fl!'$:I'. Attest a:; to Chairman's s !9natur,~: ,",pprovca as ~,~ kYrm legal sufllc~cucy BOARD OF COUNTY COMMISSIONERS COLLIEP, COUNTY, FI. ORID.,\ BY: Pamela S. Mac'Kic Chairwoman Assislant County PREPARF. I) Il'f: CLERK OF 'Fill.-'. (fIRcuFI' COURT P.O. BOX 413044 NAPLES, FLORII)A 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF TIIE PUBIAC DEFENDER *** 2489118 OR: 2556 PG: 3383 KNO\V ALL MEN I3Y TI/ESI': PRESF. NTS that COLLIER COUNTY F1.ORIDA, through its IIOARI) OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMI3ER: Fisher, Garnet Colettc 9805996MYlA For sen'ices o£ thc Public Det'endcr. bearing thc date of the 20d~ day of Oclobcr, 1998 recorded in office of the Clerk of the Circuit Court oF Coil/er County, Florida, securing the principal sum of Twenlv-Fivc Dollars, , under Final Judgement and Order recorded m Official Record book 2476, page 0772 . The Board of County Commissioners o£ Collier County hereby acknowledges full payment ami satisfaction ofsaid lien. hereby surrenders that same as canceled, and hereby direcls that the Clerk of said Circuit Court cancel this lien o£ record. IN WITNt:~SS WItEREOF, ll~e Board of CounLy Commissioners of Collier CounLv' Florida. hereby directs that/ts Ch::~rrmn execute this Satisfaction of Lien in its name. Executed this_z~'~ day of ~ Attest as 1o Chairma~',s .signat~r-~ only. :-,pproveu as to ,~6rm legal sufficiency ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOP. IDA BY: Pamela S. Mac'Kie Chairwoman Asx.~tant County Ah, c.,mey --~ PREPARED BY: CLERK OF TI I E C']RCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF' 'FilE I'UBLIC I)EICENDEI~, *** 2489119 OR: 2556 PG: 3384 *** RECORDED in OFFICIAL RECORDS of COLLIER COUFFT¥, FL 06/10/I999 at 07:56AM DWIGHT E. BROCK, CLERK REC FH 6.00 Rein: KNO\V Al.I. MEN BY TtIESE PRESEN'FS that COLI. IER COUNTY FI.ORll)A. through its BOARD OFCOMMISS ONERS is the owner and holder ofa ccrtain lien against: CASE NU?,IBER' (;'arc/a, Sonia T. 9805349MMA For services -flhe Public Defender, bearing the date of the 20all dab, of October. 1998 recorded in olticc of the CIc~k of thu Circuit Court of Collier County, Florida, securing the principal sum of Twcnly-l':ive Dollars. under Final Judffemcnt and Order recorded m O£ficial Record book 2,476, page 0771 . 'l~e Board of County Commissioners of Collier Coumy hereby acknowledges tull payment and satis£acfion of said lie,n, hemb;, surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien o£ record. ' IN \VI'IN }'~SS WI {EREOF, 'Itm Board of County Commissioners of Collier County, Flor/da, hereby directs that its Chainmn execute this Satisfaction of Lien in its name. ' Executed ,.1-.~ _~.,~ da}' of _~ ATI'EST: ';e of Circuit Uourt -Attest a-..' to Chafr~an's s Ig,'~atur¢ ~1 ~. Approved as It) lo~l legal sufficlcncv ., 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COU'NTY, FI.ORIDA Pamela S. Mac'Kie Chalr',voHlai1 Assistant Cotxntv .,\ ttoYncy ..... P R E PA RE D B '~': CLERK OF TtIE C'iRCUIT COURT P.O. [lOX 413044 NAPLES, FI.ORI[L.\ 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF TIIF. PUBLIC I)I<FENDER *** 2489120 OR: 2556 PC: 3385 *** 06/10/1999 at 07:56AM DWIGHT E. BROCK, CLERK R~C ~H 6.00 KNOW ,LtL MEN BY TIIESE PRESEN rS tim] COLLIER COUNTY FLORIDA, through /ts BOARD OF COMYlISSIONERS, is the owner and holder of a certain lien against: CASE NUMBIiR: Garza. Noe Lee - AKA Garza, Noc l,ce 9307233MM.,\ For services ol thc Public Defender, bearing thc date of the 19d~ day of June. 1997 recorded m office of thc Clerk of the Circuit Court of' Collier Count.,,,, Florida, securing dze principal sum of Twenty-Five Dollars, under Final Judgement and Order recorded m Official Record book 2330, page 2485. The Board Of Co]lllly Commissioners of Collier County hercbv acknowledges full payment and satisfaction o£smd lien, hereby surrenders that same as canceled, and here'by directs that thc Clerk of said (Tircuil Court cancel this lien of record. tN V/'ITNESS \\"IiEREOF, The Board o£County Com~nissioncrs nfCollicr Co]mt.v, Florida. hcrchv directs that tis Chatrman c.tcculc this Satisfaction of Lien in its name. ' Excreted this _ ~::~.,~ day of ~ AT ,.rEST: rk ~rcuit'C6urt Attest ~s to Chairman' A~O~L~I t~t~ legal sufficiency ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER CO[~'N'FY. FLOR[DA Pamela S. Mae'Kit Chairwoman Xssist:mt county Atm.n.,ey PREPA I'~I'.'13 BY: Ci. ERK OF TIlE CIRCUH' COt.q{T P.O. BOX 413(t44 ' NAPLES, [:I.OR[DA 34101-3044 SATISI:ACTION OF IAEN FOIl SF. RVICES OF TilE PUBI.IC DEFENDER *** 2489121 OR: 2556 PG: 3386 *** RltCORDED in OFFICIAL RECORDS of COLLIER COII]I?I, FL 06/i0/1999 at 07:56AK DWIGHT E. BROCK, CLIRK CASHIER ~. ~ KN(}W ..\LL MEN BY 'FI tESE PRESL:NTS that COLLIER COUNTY [:I.ORII)A, through its I?,O.,\RD OF COMMISSIONL:RS, is the owner and holder ora certain lien against: CASE NUMBER: Gaspar, Migu¢l Angel 9805432MM,.\ I:m'scrviccs of Iht Public Defender, bearing thc date of thc 13th day of August. 199~ recorded in office of tl~t: Clerk of file Circuit Court of Collier County, Florida, sccurin~ thc principal sum of Twenty-Five Dollars, - under Final Judgcmcm and Order recorded m official Record book 2453, page 1423. Thc Board of C~;unty Commissioners of Collier County hereby acknowledges Chit payment and satisthction ofsa~d lien, hereby surrenders that same as canceled, and hereby directs tl~at d~c Clerk of said Circuit Court c;mccl this lien ~ff record. \VI'IWESS WHEREOF, The Board of County Commissioners of Collier County. Florida. hereby directs its Chairm,mcxecutc this Satisfaction of Lien in its name. l xccutcd thi.~,~d'~ da5, o1'~ ATI'EST: ' ,1999. BOARD OF COUNTY COMMISSIONERS COLLIEI*, COUNTY. F'[.OP, IDA Pamela S. Mae'Kit Ct~airwoman .'.' .: y To}~ey PREPA I>.F. D CLERK OF Till! (-~IRCUIT COURT P.O. BOX 413044 NAPLES. FLORIDA 34101-3044 SATISFACTION OF LIEN taOR SERVICES OF TIlE PUBLIC DEFENDER *** 2489122 OR: 2556 PG: 3387 *** RECORDED in OFFICIAL RECORDS of COLLIER COUIUI, FL 06/10/1999 at 07:56AM DWIGHT E. BROC[, CLER[ Retn: KNOW ALL MEN BY THESE }'RESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS. is the owner and holder ora cerlain lien against: CASE NUMBER: 9900648MMA Johnson, I. inur For se~'ices of the Public Defender, bearing thc date of the 26th day of March, 1999 rect,rdcd m office of the Clerk of the Circuit Court of Collier County, Flor/da, securing the principal sum of Twcnty-Five Dollars, ' under Final Judgement and Order recorded m Official Record book 2532, page 1584 . 'D~e Board nfCoumy C. ommiss/oncrs of Collier County hereby acknowledges full paymcnl and satisfacIion of said lien. hereby surrmders that same as canceled, and hereby directs that thc Clerk of said Circuit Court cancel this lien of recortt IN WITNESS WIIEREOF, The Board ofCounW Commissioners of Collier County, Florida, hereby directs that its Chairman cxecme this Satisfaction of Lien in its name. ~C~.day of~ Executed this ' A'ITEST: "Att. e.st as to Cha~,rman'$ signature only. Approved as to I*onn I'-'.t:l sufficiency ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI. ORIDA Chaip. voman g t'sistar:,~County Attorney PREPARED BY: CLERK OF 'DiE (JIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SER%'ICES OF TIlE I'UBI.I(? I)EFENDER 2489123 OR: 2556 PG: 3388 RICORD~D in 0PFICIAL RICORD$ of C0LLIIR C0U~?I, FL 06/I0/I999 ag 07:56A! DVIGE? E. BEOCK, RIC ?I~ 6.00 Rets: KNOW ALL MEN BY TItESE PRESF. NTS that COLLIER ('OIJN'I'y FI. ORII').,\, Ihtough its It(),,\RI) OF ('OMMISSIONER$, is thc ov.'ner and holder of a certain lien against: CASE: N U,X,I I~l L:l;,: Karczmiarez. Bodgan 9802433NIMA For services of thc Public DeFender, bearing thc date of thc i 7th (lay of April. 1998 rccordcd m oft]cc oF the Clerk o£the Circuh Court of Collier County, Florida. securing the principal sum Dollars. t, ndcr Final Judgement and Order recorded in O£(Sc/al Record book 2416. page 3056°£ Forty Thc Board of Count>' Commissioners of Collier Coumy hereby acknowledges /\HI payment and satisfaction or'said lien. hereby surrenders that same as canceled, and hereby directs that thc Clerk ot'said ('ircuit Cour! cancel this lien off record. - IN VvTI'NE,',;S \VIIHP,[.ZOF. Thc l?,oard of(?ounty Commissioners o£Collicr Cot ,y Fh)r~da. hcrcbv directs that its CThai~man cxcculc this Satisfaction of I.icn in ~ts name. - Attest, z~ to Chairman's ,'\pprovcd as to IoZ~ legal suITicicncv · I BOA RD ()F CO[ INT¥ (;O?.IM [SSI(-)NI-~P,S COLLIE/>, COt ~N'FT. F[,()RII).,\ BY: Panlcla ~. Mac'Kic -- Chair\roman :\ssistant Councv .\ttomcy t'R I:'I*A Rt-:I) CLI.~P,K OF 'FI Il.: (?IR('t :IT C'()[,;P,T P.O. It(DX 413134.1 ' N.,\PLES, b'I,OP, II ).,\ 34 [01-3044 SATISFACTION OF LIEN FOIl SERVICES ()F 'FILE I'UBLI(; DEFENDER *** 2489124 OR: 2556 PG: 3389 *** RItCORDD in OFFICIAL RBCORD$ of COLLI~IR COIINTI, FI. 06/10/1999 at 07:56AN DWIGHT E. BROCK, CLBRK R~C ~l ~.00 KNOW Al.t. MEN BY TItF. SE PRESENTS that COLLIER COUNTY FLORII)A. through its IIOARD OF COMMISSIONERS. is the owner and holder ora certain lien agamst: CASE NUMBER: Kennedy, Norman Morcc Jr. 9805009MMA For services of the Public Defender, bearing Ihe date of the 21st day of Oclobcr. 19!)8 recorded in office oF the Clerk of the Circuil Court of Collier County, Florida, securing thc principal suln {~fTwenlv-Fivc Dollars, . tinder Final Judgement and Order recorded in Official Record book 2475, page 0545 . The Board of CourtLy Commissioners of Collier County hereby acknowledges full paymcm and satisfaction of said lien. hereby surrenders that same as canceled, and hereby directs thal thc Clc~k of said Circuil Courl cancel this lien of record. IN WITNESS WIIEREOF, ]]~e Board of County Commissioners of Collier Co.nb., l:k~l ida. hereby directs that its Chairman execute this Satisfaction of Lien in its name. ' £xec.ted ,his ~.~ day of ~ A'I~'EST: ,' ..' , . ,~ttest as to · slgnatur~ onlj, , A'pproved a.s to form lc.~l sufficiency ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT'Y. FLt)RIDA BY: Pamela S. Ylac'Kie Cilia irwoman Assist'm C {t~ PREPARED BY: CLERK OF 'FI tF. ('1RC[ J IT COURT ILO. BOX 41304.1 NAPLES, FIX)tO, IDA 34 I01-3044 SATISFACTION OF LIEN FOR SERVICES OF TIIE PUIII.IC I)EFENI)ER *** 2489125 OR: 2556 PG: 3390. *** RKCORDED in OFFICIAL RECORDS of COLLIER COUNTr, FL 06/10/1999 at 07:56AM DWIGHT B, BROCK, CL~RK R~C FH 6.00 Retn: CASHIER o~ ~ ~ KNOW AIA. MEN BY TIIESE PRI{SENTS that COLI.IEI;. COUNTY FI.ORII)A, tim)ugh its BOARI) OF COMMISSIONERS, is the owner and bolder ora certain lien against: CASF. NIJMBI!R: Kennedy, Ronald Shanc 9709163MMA For services of thc Public Defender, bearing the date of thc 29th day of December, 1997 recorded m office of the Clerk of the Circuit Court of Collier County, Florida, securing thc principal sum of Twenty-Five Dollars, . under Final Judgement and Order recorded m Official Record book 2378, page 2331 . The Board of County Commissioners of Collier Count),' hereby acknowledges full paymcnl and salislhctic, n of said lien, hc,,'eby surrenders that same as canceled, and hereby directs that the Clink o/'said Circuit Court cancel thi:, lien ofrccord. IN W[*I'iN ESS WI tF. REOF, Thc Board of County Commissioners of Collier County, Florida. hereby directs that its Cl~a..~mmn execute this Satisfaction of Lien in its name. Executed fl::m zyC~'/~ day of ~ ATFEST: · C ~e~ of Circu it ~d'urt Attest .as to Chatrman'x $1gnatur~ Approved as ~o Form legal sufficimcy ,1999. OI: COUNTY CC)MMISSION[~RS COUNT'f, FLORIDA Pamela S. Mac'Kic Chair,.voman Assistant County A,'~orncy ...... I'REI~AI~.ED BY: CLEP, K OF 'H Il! (;1RCUIT COURT P.O. BOX 41304,1 NAPLES, FI,ORIDA 34101-3044 SATISFACTION OF I.IEN FOR SERVICES OF Tile I'UBI,I(.' I)EFENI)ER 2489126 OR: 2556 PG: 3391 RBCORDIID in 01qq¢IM. RIICORD$ of COL~I~ 06/10/I~ at 07:56A~ D~IG87 8, BROC[, ~etn: R? ~ ~.00 KNOW ALL MEN BY TIlL:SE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARI) OF COMMISSIONERS. is thc owner and holder ora certain lien against: CASE NUMBER: Kress, l.inda I.ouisc 9802664MMA Fm services oflhe Public Defender. bearing tile dale of the 6th clay of Sop ember 1998 recorded m olCficc of die Clerk of thc Circuit Cour/of Collier County, Florida, securing Ibc principal sum of Twenty-Five Dc,liars, . under Final Judgement and Order recorded m Official Record book 2461, page 1495 . ]'he Board of County Commissioners of Coil/er Counly hereby acknowledges full payment and salisfacmm ofsaid lien, hereby surrenders that same as canceled, and hereby directs that Ibc Clerk o£said Circtnr Court c.mcel this lien of record. IX' WITNESS \¥'tfEREOF. The Board of County Commissioners of Collier Counlv, Florida. hereby directs that its Chair'mm exccule this Satislhclion o£ Lien in its name. ' [ xcc}~tcd thss_._~'~ day of · ?/FI"EST v Cleck c/iCircuit Co'[r~TM """' Attest ~s toChatr~an,s s,1 ;nature Ap?ro~'ed as lc, ~rrm legal sufficiency ,1999. BOARD OF COUNT'f COMMISSIONERS COLI.IER COUNTY, FI.OR/DA C'haip, vonlan Ass ~tv A ~t:~me) PREPA P, ED B V: CI.I!RK OF TIt[?. C~IRC[JIT COURT P.O. BOX ,1!3044 NAPLES, FLOR[DA 34101-3044 SATISFA(71'IO,N {)F FOR SEI{\'I(~E$ {)1.' TIlE I'UIlI,I(: I)EI:ENI)ER KX()W ..\1.I. MEN I?,Y TiIESIi I'RI'~SIiN'I'S that COI.LtliR (~()UNTY FLORID,,\, fl~rough its BOARI) ()F ('OMMISSIONI..'RN, is I]~e owner and ]mlder oFa cerlain lien againsl: CASE XI ;Mlll!P,: [.arab, David Eugene 9807X25MMA For services of'the Pt,blic DelYndcr. bearing Ihe dale oFd]c 2nd da), of Ir)cccmber. I998 recorded in office of thc t'Ik. rk of thc ('irctnt Court of'Collier County, Florida. securing thc prh]cipal sum of Twenty. Five l)o/lar,i. under Final Judgcmcm and Or, let recorded m OFficial Rccont honk 2490. page 1033 . The [~oard of County Commissh)ners of Collier County hereby acknowledges full payment and saNsfaction ol'sahJ lien. hereby surrenders dmt same as canceled, and herder directs thnt Ihe Clerk of said Circtm Court canc~:l/his lie, IN \VI'I'NESS \VIIIiJ<I:OF, 'lt~e Board ot'('ounty (7ornmlssl,mc~s of(Yollicr (.'omnv, Fh~rida. hereby directs ,,\ lq EST: ' , 9).). I~():\RD OF COUNTY COMMISS!ONER. S ('O[.I.IER ('Ol.;NT'f, FI.ORII)A Chairwoman z\$SlSlallt (. OLJIIIV ,'\IloI'I1CV ' I'REPARED ltY: ('I.ERK ()Ir: TI ll'i C'IR('UIT (~OUICI' ILO. Ir~OX ,113044 X,.\PI.ES, FI.ORIDA 34 I01-3044 SATISFACTION OF IAEN FOR SERVICES (.)F THE I'UBIAC I)EFENDER *** 2489128 OR: 2556 PG: 339'3 06/10/I999 at 07:56AM DI/IG~{? E, BROCK, CL~RK KNOW ..\IA. MEN BY TItESE t'RESENTS that COLLIER COUNTY FI,ORIDA, through its BOARD OF COMMISSIONF. RS. is thc owner and holder ora certain lien against: CASE NUMBER: Leandrc, Salvatore 9703177NIMA For scr,,'~ces of thc Public Defender, bearing the date of the 16th day of July, 1997 recorded in office of the Clerk or'thc Circuit Court of Collier County, Florida, securing thc prmcipaI sum o£'Fwenty-Five Dollars. under Final Judgement and Order recorded in Official Record book 2335, page 0383 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders lhal same as canceled and hereby directs that thc Clerk (,/'said Circuit Court cancel this lien of record. ' IN VC/'INESS WIIEREOF, The Board of County Commissioners of Collier County, Flor/da. hereby directs that im Chaimmn execute this SatisFaction of Lien in its name. Executed this ~ cia,.' of . 1999. Attest_ as to Chatrman'~ s tgna,?.,~r.e onl~y. · qppz,o,ed as to mrm legal suflicicncy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pameh S. Mac'Kie Chairwoman Assistant (]out t.~ Attorney Iq)' F.}'A R E D BY: Ci. ERK OF 'Fill:. CIRCUFF COURT P,O. BOX 4130-M ' NAPI.ES, FLOP. IDA 34101-3044 S.'VI'ISFACTION ()F [,IE5 F'OI~ SERVICES OF TIIE I'UBI,IC I)EFENDI-~R *** 2489129 OR: 2556 PG: 3394 ** RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥, FL 06/I0/1999 at 07:56AM DWIGHT E, BROCK, CLERK KNO\V ..\I.I..MFN 1:15' 'I'IIL:SE I'R.t'~SF. NTS that COLLIL:P, COUNTY FLORID.,\, through its BOARI) OF CO.XI.\IISSIONI.TRS. is the owner and hokter of a certain lien against: CASE NUM Bl(l~: ,*'lartmez, Ramon Mendoza -AKA ,\lartmcz, Rarer,mi 9707284MM.,\ Ft)r ~,cr','~ccs thc Clerk of Ibc Circuit Court of Collier County, Florida, securing the principal sum of'l",x catv-Five Dollars. ureter Final Jmtgcmem and Order recorded m Official Record book 2358. pag,. 0235 . Thc Ilo:mt ol'('otmty Commissmncrs of Collier County' hereby acknowledges fidl payment and salisfaction ot'sa~d lien. tmrcby surrenders that same as canceled, and hereby directs thai thc Clcr~ o/'sa/d Circuit Cm~rt cancel tills [i~.xl of record. IN \VI'I' .'N ESS \VI IEP, EOF, The Board of County Commissioners of Collier Cmmty, Flor/da, hereby directs that/ts Cbauman execute this Satis£actlon of Lien in its name. Executed tim ~ day of ~ ,,\'IT E S 1 ,1999. v' (;}Ptk or'Circuit Court tczzr ,:.~ ~.o ~7;;a fraan,~; Approved ~s ~ ~fi~ legal suffi,z~ency BOARD OF COUNTT COMMISSIONERS COLI.IER COUNT'F, FI.()P, ID.,\ Pamela S. Mac'Kie Chair's,. oman \SSIS77a ~.lrlI~ kqOIllC% I)P, liPARED CIA{RK OF TI t I:1 C'IRCUIT COU R'F P.(.). [:JOX 413044 N..\PI.ES. FLOP, IDA 34101-3044 SATISFACTION OF I,IEN FOR SERVICES OF TIIE I'UBLIC I)EFENDER *** 2489130 OR: 2556 ?G: 3395 ** R~CORDRD in OFFICIAL RECORDS of COLLIER COD]FI'Y, FL KNOW ALL MEN IIY 'FIIF. SE PR[:.SF. NTS that COI.LIER COUNTY FLOIklDA, through its BO,,\I~I) OF CO,M.'vIIS£IONF. RS. is the ov,'ncr and holder ora certain lien against: CASE NUMBER: Maynes. Barbara Joanne - AKA Maynes, Barbara J. 9709882M;xlA For services of thc Public Defender. bearing the date of thc 19th day of December, 1997 recorded m off]cc of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars, under Final Judgement and Order recorded in Official Record book 2380, page 1207. Thc Board of County Commissioners of Collier County hereby acknowledges Full payment and sat/st'act/on of said lien. hereby surrenders that same as canceled, and hereby directs dmt thc Clerk of said Circuh Court c~ncet this lion of record. 1:4 WI'FNESS WtIEREOF, 'I1'~e Board of County Conunissioncrs of Collier County, F'lorida. hereby directs tint its Chairma.a execute this SaIisfaction of Lien m its name. tl,ecuted this _ /~_ day or ~ ' ,,'x'ITEST: .' A~est as' tr.*. Cha~rnan'- $;~gnatume ,'3,M . A;~roved as ~o ~1 legal sufficiency .1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chair~voman AssU:ant County At?omcy PREPARED BY: CLEP, K OF 'FILE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 S:VI'ISF'ACTION OF IAEN F()R SERVICES OF TIlE PUIIIAC DEFENI)ER *** 2489131 OR: 2556 PG: 3396 ** RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥, FL 06/I0/1999 at 97:56AM DWIGHT E, BROCK, CLERK REC ~E 6.00 Retn: KNOW ..\LL .\fEN t15' Till!SI:. I>RIiSI~N'I'.,,; that COI.I.IER C()UNTY FLORII):\, ,brough its BOARD OF CO.'xI,MISSIONIiRS, is thc owner and holder ora certain lien against: C,.\ S F. NUMBI!P,: ,McCormack, .Xl;mhcw 9806236MMA For scr'.'l,:cs of the Pubhc I)efcnder, bearing the date o£the 9th day of November. 1998 recorded m office ot'fl~c ('lc;k or'thc C~;'cui[ Court ufCoilicr County Florida. securing thc principal sum of Twenty-Five Dollars. . under Final Judgcmcn~ and Order recorded in Official Record book 2483, page 2591 . 'l]~c 13ua~ d ut' Uounty Commissioners of Collier County hereby acknowledges Full payment and satis/~ct~on ofsa~d Ii:'n. hereby surrenders thal same as canceled, and hereby directs that the Clerk of said Circuit Court cancel tills hen of record IN V','I-I'.",'/LSS \VItEREOF, The Board of County Commissioncrs of Collier County, Florida. hereby directs that its ('ka.:rman execute this Satisfaction ofl. Jen in its name. ' Executed '&Js __~_ day o f A'Iq-EST: , 1999. BO.,\RD OF COUNTY COMMISSIONERS (?OI.LIEIi COUNTY, FLORID,,\ Pamela S.: ~ac Kit Chairwoman · '%~ ~Jstanl k..ot:rH} ':\tlorney - ...... PR FAb\ R El) I3 CI.ERK OF T[-IE C'IRCUIT COURT P.O. BOX 413044 NAPLES. FI.ORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF 'FILE PUBIAC I)EFENDER *** 2489132 OR: 2556 PG: 3397 ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTT, FL 06/10/1999 at 07:56D{ DWIGHT E. BROCK, CLERK RBC ~E~ ~.00 Retn: K2'gOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONF. RS, is the owner and bolder ora certain lien against: CASE NUMBER: Morley, Paula - AKA Morley, Paula Mae 9708257MMA For services of the Public Defender, bearing thc date of thc 9th day of Fcbn,ary. 1998 recorded m office of the Clerk of the Circuit Court of Collier County, Florida. securing the principal sum of Twenty-Five Dollars, ,ruder Final Judgement and Order recorded m Official Record book 2392, page 0S92. The Board of County Conmaissioncrs of Collier County hereby acknowledges full payment and satis£action of said lien, hereby surrenders that same as canceled, and hercb7 directs that thc Clerk of said Circuit Court cancel this lien of record. IN WITN I?..g.'i ~q}IEfLEOF, 'Die Board of County Commissioners of Collier County, Florida. hereby directs that/ts Cl,.arrmn execute this Satisfaction of Lien in its name. ' Execut~.d t.~ ~ day of ~ AITEST- lttest at to Chatrnan's $~ na ttr App~olvec~ ;,$ ~o .0o~rl~e:ga, sufficiency ,1999. BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY, FLORIDA BY': Pamela S. Mac'Kie Chairwoman .=,, nt (.ounty At,','orney PREPARED BY: CLERK OF' TI tE C~IRCUFt' COUR'I' P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 S.,'..'I'ISt,'A( 'TIf)N ()F IAEN F()I,~ SEI~.VICES ()1: Tile I'U'III.I(' I)EFI<NI)EI,t RECORDED in OFFICIAL R~CORDS of COLLIER COg~t¥, fL 06/10/1999 aL 07:56A~ DWIGHT ~. BROCK, CLERK RBC ~ ~,00 Retn: KN()\V ALI, .MEN I:15' 'HIk'SE F'RF. SI:'NTS that COI,LIER COUNTY FI.ORIDA, through its ItO,.\RD ()I: ('().\I.\IISSiONi!RS, is the owner and holder of a certain lien against: C.,\ S Ii N'UMIII{R: Padron, Miobel Ramos - AKA Padron, Miobcl 9705153M\i.\ For services of the Public Defender. bearing the date the Ck'rk t:,l' thu Circuit Court of Collier County, Flor/da. seem'lng thc principal sum ol'Twcnlv-Fivc Dollars. un,,tcr Final Ju",lgcmcnt and Order recordccl in O£ficial F',ccord book 2363, page 1791) . 'Die Board ul'(?ounty Commissioners of Collier County hereby acknowledges full payment and ~atisfaclion of said lien. i~crcby surrenders that same as canceled, and hereby directs that the Clerk of said Circuil Court cancel fl'fi:s lien of record. IN' \VITN ESS \VI IEREOF, 'lt~e Board of County Comm~ssxmcrs of Collier Ct) :nc,,,', Florida, hcrcbv directs th:,t ~ts Cl:auman execute this Satisfaction of Lien m Executed thks ~_ day "Cb~:k of' Circuit Cou~" ~-'"-'"'~ ,~nutur.: cnj7' Approved ax ~o fonn legal suf/iciencv .1999. BOARD OF COUNT'[ COMMISSIONERS COLLIER COUNTY, FI.ORID..\ Pamela S. Mae'Kit Chairavoman · \SSiSIaIII ('OU I1 V,,' PRE PAI>,L:I) CLERK OF T]tE CIRC, UIT COURT P.O. BOX 413044 NAPLES. FLORID.,\ 34101-3044 SATISF:kCTION OF LIEN FOR SERVICES OF TIlE PUBLIC DEFENDER *** 2489134 OR: 2556 PG: 3399 ** RECORDED in OFFICIAL RECORDS of COLLIER COUP?Y, FL 06/I0/1999 at 07:56AM DWIGHT E. BROCK, CLERK REC F~ ~.00 Retn: KNOW AI.L MEN I3Y TIIESE PRESENTS that COi. LIER COUNTY FLORIDA, through ils BOARD OF COMMISSIONERS, is the owner anti holder ora certain lien againsl: CASE NUMBER: Petcrson, Charles James II - AKA Deleted, l)cleted 9801887MMA }:or scm'ices ot' the Public Defender, bearing the date of the 18th day of May, 1998 recorded in ot'ficc of the Clerk of thc Circuit Court of Collier County, Florida, securing the principal sum of Fifty Dollars, under Final Judgement and Order recorded in Official Record book '~ '~ ,42~. pagc 1724. The Board of Count.,,, Commissioners of ColIicr County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Courl cancel this lien of record. IN WITNI_iSS W! IEREOF, The Board of County Conunissioners of Collier County, Florida. hereby directs that its Chairman execute this ~tisfaction of Lien in its name. Executed this ~ day,~f ~ ' ATI-E~T: "" ,1999. Attest a:~ ~o Chaf~an'~ $~¢~,s ~m legal sul'gciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID.,\ BY PamclaS Mac Km Chairwoman ..',ss~stanl County A'~omcy PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX ,113044 ' NAPLES, FLORIDA 34101.3044 SATISF.ACTION OF I.IEN FOR SERVICES OF TIlE PUBLIC DEFENDER *** 2489135 OR: 2556 PG: 3400 ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/10/1999 at 07:56AM DWIGHT E. BROCK, CLERK REC FE~ ~.00 Retn: KN()V,.' ALL ,MEN BY TIfESE PRESENTS that COLI.II'2R COUNTY F[.ORII)A, through its BO.,\RD OF ('O,\]NIISSIONERS, is thc owner aud holder ora certain lien against: CASE NL'M/IER: 9807555MMA Petit. Paul For services of the Public Defender, bearing the dale oFthc 2nd day of December, 1998 recorded in office ol'thc (7[~'rk of thc Circuit Cou~ of Collicr County, Florida. securing H~c principal sum of'Fwcntv-Fivc Dollars, . under Final Judgement and Order recorded in Official Record book 2490. page 2737 . Thc Board of County Commissioners of Collier County hereby acknowledges full payment and satisl~cnon o/'sa~d lien. hereby surrenders that same as canceled, and hereby directs that ldo Clerk of said Circuit Court cancel this lien of record. IN ",VH'NESS WIIEREOF, The Board or'County Commissioners of Collier Counrv, Florida. hereby directs that its C?.ain"nan execute this Satisfaction of Lien in irs name. ' ,,\'ITl: 5;',7' · 1999, BOARD OF COUNT'K COMMISSIONF. RS COLLIER COUNTY, FLORIDA Pamela S..¥1ac'Kie Chairwoman ----- ,'\SSlSlaHl i. 'otl,H.~ .'\tIorlle.v PREPA RED B'V: CI.L:RK OF THE ([.'IRCUIT COURT I'.O. BOX 4 13044 N,XP[.F.S, FI.()RIDA 34101-304.1 SATISFACTION OF LIEN FOil SERVICES OF TIlE I'UBLIC DEFENDER **x 2489136 OR: 2556 PG: 340t ** R~CORD~D in OFFICIAL RECORDS of COLLIER CO~?¥, FL 06/10/1999 at O?:56AM DWIGHT E, BROCK, CLERK ~C ?E~ t,O0 Retn: KNOW ALL MEN BY THESE PRESENTS that COlA]ER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMBER: Ramirez. ,,\lejo Mclcsio - AKA Ramirez, Melccio 9807564MMA For sen'ices of the Public Dcfendcr, bearing the date office 200] day of October, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars, under Final Judgement and Order recorded m Official Record book 2476, page 0769 . The Board of County Conunissioners of Collier County hereby acknowledges full payment and satisfaction ofsaid lien, hereby surrenders that same as canceled, and hereby dirccls that {Itc Clerk ,.d' said Circuit Corot cancel this lien of record. ' IN WITNESS WIII!RIK)I:, The Board of Courtly Commissioners of Collier Co.nty, Horida, hereby directs that its ( :[tairman execute Ibis Satisfaction of Lien in its name. ATTES' F.: Artec!:. ~s, to Chatr~an'~ s~gnatue~ only. , Approved as to form legal suffi,,.'iency ,1999. BOAP. D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B\': Pamela S. Mac'Kie Chairwoman Assistant Coun,t7 Attorney PR. EPARED BY: CLERK OF TIlE C~IRCUI'F COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 S:Vi'ISFACTION ()F I,IEN FOR SERVICES ()F TIIE I'UIIiI.IC I)EFI-;NDEI~, *** 2489137 OR: 2556 PG: 3402- *** RECORDgD in OFFICIAL RECORDS o[ COLLIER COUIITI, FL 05/10/1%9 at 0]'.LfiAM DWIGHT E. BROCK, CLERK ~BC ~E ~.00 KNOW/~LL MEN P,Y TtIESE PRESF. N'FS that COLLIEP. COUNTY FLOR1DA, through its BOARD OF COM.',,IISSIONEP. S. is the owner and holder ora certain lien against: Rcusch, Shaun Michael C'.,\ S 1'~ NUM BI-I<: 9801058MMA For services oFthe Public Defender. bearing the (late of thc 25th day of March. 1998 recorded in office of thc Clerk oFthc Circuit Court of Collier County, Florida. securing tile principal sum of Tv,,ent.v-Fivc lhdlars. trader Final Judgement and Order recorded m Official Record book 2416, page 3012. 'file Board of Cou. nlv Commissioners of Collier County hcrcbv acknowledges full payment and satisfaction of said lict:, hereby surrenders that same as canceled, and hereby directs that thc Clerk of said Circuit Court :.anccl this lien of record. IN \VITNI !.SS 9/t IL:P. EOF, The Board of County Conmnssioncrs of Collier County, Florida, hereby directs that its Chmrm.,.'m execute this Satisfaction of Lien m its name. t:.xcculcd tim_ ~ clay of ~ , 1999. BOARD OF COUNTY CONINIISSIONERS :VITEST: (7OLLIER COUNTY, FLOP, IDA ,..', e~ of Circmt court BY: Pamela S. Mae'Kit Chairwoman 'Fttest az; to Chairman':; ..'~pproved as t~> Corm legal sul'fic~cnry I'RIS PA bi. FA) BY: ~")~ l CLEP, K OF TIlE C'IRCUIT COURT P.O. BOX 413044 SATISFACTION OF LIEN FOIl SERVICES OF TIlE I'UBIAC I)F. FENDER *** 2489138 OR: 2556 PG: 3403 *** RECORDED in OFFICIAL RECORDS of COLLIER COU}{TY, FL 06/10/1999 4t 07:56AK DWIGHT E, BROCK, CLERK REC FH 6.00 KNOW ALI. MEN BY THESE PRESENTS that COLLIER COUN'FY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora cerlain lien against: CASE NUMBER: Rcxford, Christopher Paul 9704264MMA For sen'ices of thc Public Defender, bearing thc date office 6th day of,,\ugust, 1997 rccurdcd in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars, under Final Judgement mid Order recorded in Official Record book 2340, page 0861 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien. hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITN ESS WtlF. REOF, The Board of County Commissioners of Collier County. Florida. hereby directs that its C}~aiuman execute this Satisfaction of I.icn in its name. Executed ~u J)'~,/-.., day of ~ , 1999. ATTEST. ".,, ]~i, ]/. c'l:~ of Circuit Cou t;est a~ 'to Chairr~an's signature., mly. Approved as .~ form legal sufficiency Assistant Count3 &uomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.ORIDA Chairwoman pi>, [:.I)A Rt'~ D BY: (.'I.ERK OF '['t IE CIRCUIT COURT P.O. BOX 4130,14 ' NAPLF. S, FLORIDA 34101-3044 SATISFACTION ()F LIEN FOP, SEIIVICES ()F TIlE PUP, lAC DEFENI)ER *** 2489139 OR: 2556 PG: 3404 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~L 06/10/1999 at 07:56AM DWIGHT E, BROCK, CLERK REC ~EE ~,00 CASHIER : C~ % KNO\V ,.\I.I. MEN BY TIIESE PRESF. NTS that COLLIER COUN'I%' FLC)RID,,\, through its BO,,\RI) OF COM,MISSI(-)NL:RS, is thc owner and holder ora certain lien against: C,,\S E NUMI3I!P.: St Marc, Nlaric - AKA StMarc, Marie 9802344NLM,'\ For services of thc Public Defender. bearing the date of thc I Sth day of June, 1998 recorded in office of thc Clerk of the ('ircuit Court of Collier County, Florida, securing thc principal sum of Twcnty-I:ivc Dollars. under Final Judgement and Order recorded in Official l~.ecord book 2441. page 2067 . Thc Board of ('otmtv Commissioners of Collier Counly hereby acknowledges full payment and satisl~ctlon of said lien. hereby ~urrcnders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel ~his hen of record. IN \VITN riSS WI IFA*,EOF, Thc Board of County Commissioners of Collier County. Florida. hereby directs that its Cimizman execute this Satisfaction of Lien in its name. Executed lhi'~._~'(7~ day of ~ __, 1999. A'I'F F.S'I '. Attest a'.-- to Chairman's s 19nat~'.,"t only. Approved as va l'om~ legal suflicmncy BO.~RD OF COUNTY COMMISSIONERS CO[.I.IER C()t~, ' I '~ , FLORID:\ B\': Pamela S. Mac'Kie Chairwoman Cl. l{I~. K OF T! { F. Gl P,(TU IT COU I'.¢). BOX 413044 NAPLES, [:LORIDA 34101-3044 *** 2489140 OR: 2556 PG: 3405 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FI~ 06/10/1999 at 0?:56AR DWIGHT H. BROCK, CLERK CASHIER SATISFACTION OF LIEN FOR SERVICES OF'FIlE PUBLIC DEFENDER KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holdcr ora certain lien against: CASE NUMI3ER: Valdcz, James P. - AKA Valdcz, James Philip 9707707MMA For services of the Public Defender, bearing thc date of the 18th day of November, 1997 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars, trader Final Judgement and Order recorded in Official Record book 2370, page 3181 . 'fhe Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hcrcby directs that tile Clerk of said Circuit CourI cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs ',hat its Chairman execute this Satisfaction of Lien in its name. Exccu:cd this S~da>' ot'~ ,1999. ATTEST: ~Jr~-T'I c--~ ~f Circuit Co'r( Attest as to Chairman's s.ignatur~ e~n l y. ~pproved as ~ form legal sufficient' A: ~istant~ount.',:5,itomey BOARI) OF COUNTY CO.MM1SSIONEP, S COLLIER COUNTY. FI.ORIDA BY: Pamela S. Mac'Kie Chairwoman PREPARED [½Y: CLERK OF TIlE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES O1: TIIE PUBI.1C DEFENDER *** 2489141 OR: 2556 PG: 3406 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/10/1999 at 07:56AM DWIGHT E. BROCK, CLERK REC ?~E 6.00 CASHIER ,J~ ~ KNOX',; ALL MEN BY THESE PRESENTS that COI.LIEP, COUNTY FLORIDA, through/ts BOARD OF COMMISSIONF. RS, is the owner and holder ora certain lien against: CASE NUMBER: Vaniscar, Andrew Joseph IV - AKA Vaniscar, Drew 9708801MMA }:or services of the Public Defender, bearing the date of thc 3rd (lay of December, 1997 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars. under Final Judgement and Order recorded in Official Record book 2371, page 2386. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, herd)y surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNt:.~S WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chaimtm execute this Satisfaction of Lien in its name. Executed :he.s ~557~day of ,~ , ]999. ..VITEST: BOARD OF COUNTY COMMISSIONERS COLLIEP, COUNTY. F[,OP, ID..\ C ler%: r~f Circuit Attest a:; t~., Chairman's. OVCtl [tS A> ~stant Coun y Chairwoman PREPARED BY: CLERK OF TI IF. C'IIe, CUIT COUt>,'I' ILO. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF I.IEN FOR SERVICES OF TIlE PUBLIC DEFENDER *** 2489142 OR: 2556 PG: 340-7 *** RECORDED in OFHCIAL RECORDS Of COLLIER COUI~T¥ ~L 05/10/1999 at 07:56~ DWIGHT B. BROCK, CLRRK RI~¢ H~ ~. O0 KNOW ALL MEN BY TIIESE t'RESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONF. RS, is the owner and holder ora certain lien against: CASE NUMBER: '¢/hirl, Vincent Tremel - AKA Whirl, Vincent Thcmcl 9708266MMA For sep.,iccs of the Public Defender, bearing the date office 17th day of November, 1997 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars, under Final Judgement and Order recorded in Official Record book 2370, page 2855 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lit-n, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel al'ds lien of record. IN WI'IT,.ESS WIt EREOF, The Board of County Commissioners of Collier Count,',', Florida, hereby dirccls that its to~mirman execute this Satisfaction of Lien tn ~ts name. Exccutedthis ,ff,;~;l~ day o~ , 1999. A'ITEY, Ir:.: Clerk of Circuit CmTrff Attt.s% as to Chatr~aan's , $igna%ure only. ,,kpprov"":d ,ts to form/egaI su/'ficiency Assistant Co, a~-ttu .~.uomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman PREPAtLED BY: CLERK OF TIlE c2IP, CUIT COUP, T P.O. BOX 413044 NAPLES, FLOP, IDA 34101-3044 SATISFACTION OF LIEN FOIl SERVICES OF 'FILE PUBLIC DEFENDER *** 2489143 OR: 2556 PG: 3408 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNt, HL 06/10/1999 at 07:56AM DWIGHT E. BROCK, CLERK RBC FBB 6.00 Retn: CASHIBR KNOW ALL MEN I3Y THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUM BI'TR: Williams, Ann - AKA Moreland, Michcllc 9301280MI For services of the Public Defender, bearing thc date of thc lSth day of May, 1998 recorded in office of thc Clerk of thc Circuit Court of Collier Count)', Florida, securing thc principal sum of Twenty-Five Dollars, under Final Judgement and Order recorded in Official Record book 2422, page 1721 . Thc Board of County Commissioners of Collier County hcrcby acknowledges full payment and satisfaction or'said lien, hereby surrenders that same as canceled, and hereby dirccts that the Clerk of said Circuit Court c;mcel this lien of record. IN WITNESS \¥HEREOF, Thc Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. t-.'xccutcd thi; 7"~.,, day of ~ , 1999. · . ' Ch:rke£Circuit Courf .&ttest as to Chairman's' ,r.i~natur'~ iml v,., .,,.trpmvcd aslo ~orrrr~ega sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUqNTY, FI.ORIDA 1½'f: Pamela S. Mae'Kit Chai~voman As:,'c, tant County ,:Xtmmey PREPARED BY: CLERK OF TI IE CIP, CUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2489144 OR: 2556 PG: 3409 *** RECORDED in OFFICIAL R~CORDS of COLLIER COUNTY, FL 06/10/1999 at 07:56AR DWIGHT E. BROCK, CLERK RBC FBI ~.O0 Retn: CASHIER SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER KNOW ALL MEN BY TIIESE PRI_:SENTS that COLLIER COUNTY FLORIDA, through its BO.,\RD OF COMMISSIONERS, is the owner and holder ora certain lien against: CASE NUMBER: Wilson, Jarrod llampton - AKA Wilson, Jarrod tlamilmn 9705181MMA For services of the Public l)efendcr, bearing thc date of the 3rd day of November, 1997 rccordcd in office of the Clerk of the Circuit Court of Collier County, Florida, securing the pnncipal sum of Forty Dollars, under Final Judgement and Order recorded in Official Record book 2364, page 1960. Thc Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WI IEREOF, The Board of County Commissioners of Collier County, Florida, hcreby directs that its Chaimmn execute this Satisfaction of Lien in its name. Ex,muted this ~ day of ~ , 3_.,~.:/ 'i-, .~q .,i' .. Clerk of (_',~uit Courl At.st as to Ch~,trman's Ap~,oved hs to form },gal sufficiency ,1999. BOARD OF COUN'i-Y COMMISSIONERS COLI.IER COUNTY, FLORIDA B5': Pamela S . Mac ' K Chairwoman Assis-~a~,t County A~to rn~'~ PREPARED BY: CLERK OF Till_:, CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 MEMORANDUM Misc, C o r r~:) r'~d ~ r'tl~ ~ g e n d a Date TO FROM: Sue Filson, Administrative Assistant Board ol County Commissioners Derek Johnssen Genera Accounting Manager'tli~! Clerk of the Circuit Court/Finance Department "~ DATE: May 21, 1999 RE: Miscellaneous Correspondence - BCC Agenda O~ Please place the following items on the next available BCC agenda and call me al extension ~.~o..0 with the date and Miscellaneous Correspondence agenda item number. Naples Herita,qe Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Commur~ily Developmer~l District has submitted the following: (a) Minutes of Meeting held Augusl 24, 1998 Thank you Gfir L. Mo er, P.A. J. ;',ilC.. { May 3, 1999 To: Reference: Clerk of the Circuit CoLJrt Finance c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Naples, Florida 34112 Department Bruce Anderson, Esq. Young, van Assenderp, Varnadoe 801 Laurel Oak Drive Suite 300 Naples. Florida 34108 Floor Michelle Shulman Daszkal Bolton & Manela 240 West Palmetto Park Road Suite 300 Boca Raton, Florida 33432 & Benton, P.A. Naples Heritage Community Development District Minutes of August 24, 1998 Meeting From: Gary L. Moyer Manager Enclosed for your records is a copy C.D.D. meeting as referenced above. GLM/cl Enclosure of the minutes of the Naples Heritage ~3 MINLFI'ES OF MEETING NAPI.ES ttERITAGE COMIVIUNrlW DEVELOP~NT DIRIItlCT The regular meeting of the Board of Supervisors of the Naples tlcritage Community I)evelopment District was held Monday, August 24, 1995 at. 10:30 A.M.. in the offices of Young, Van Assenderp & Varnadoe, 801 I,aurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau ,John J. Agnclli Alan Burns John Stanley Chairman Assistant Secretary Vice Chairman Assistant Secretary Also present were: James P. Ward Bruce Anderson Bill MeAnly Assistant Manager Attorney Engineer FIBS'r ORDER OF BUSINFS.%S Roll C~dl Mr. Ward called the meeting to order at 10:50 A.M. and stated all members of the Board are present at. roll call with the exception of Mr. Miller. SI£CONI) OILI)EII: OF BUSINI~2-'-"¢ Approval of tht; Minutes of the July 27, 1998 Mr. Ward staled item t,w, n~ ynur agcncta is the apl)r*~val ¢~1' thc Nlinutes thc .July 27t. h 1998 meeti~g. You have I)reviouslY received a c~,l)y {)f t}m [f there are any additi{ms, corrections, or deletions, it wtmld }~e apin'.priate aL this time to so indicat,e, otherwise, a m{)t. ion for tlmir apln'{)val would bc i~ order. Mr. I~urn:; slated on page 3, the question att.ribut, ahle t{~ Nlr. lltn'ns be Nit'. Stanley. /I0~ MOTION by Mr. Agnelli seconded bv with all in favor tim Minut. cs of the ,July 27~ 1998 were approved as corrected. August 2,1, 1998 TIIIILI) OII. I)EI~ OF BLJ$1NIgSS Pul~lic 1 lt.,:tri~tg for tilt', A{loptio~ of th~ Budget for Fiscal Yt~ar 19~8-$}~ :md tht~ l~vy of No~ (;encral l"und ~ervice U.S. }']~;me 4~nd which ~l~'e contemplated f'o,' IDkt~'cl~;~se Dt'i(~' t~ N('l)it'~})¢'~' :;~)<~1' them, oth{~rwise, it. On MOTION by Mr. Agnelli seconded })y Mr. I;ti~',~s will,Il all in favor.the Public Hearing on the Adopti{~i~ of tlle|l I~,udget. For b iscal Year 1998-99 and tl~e l,evy of Noll A¢t]i [Valorem Assessmei'~ts was closed. /] August 2,1, 1998 t.~,udget of the Naples llerit,age C.mmunity l.)cvelopm.nt l)istrict for ThaL l.~esoluLion is in order and is recommended for y~mr cl~nsiderat.i~n. ~~Agnelli seconded by ~.Ir. t~urns I1~ ~avor Re.~olution 98-2 Adopting th? I, ina, l !~,tj,~[~.e!.{l!'il lithe Naples Heritage Community Development for Fiscal Year 1998-99 was ado ted. Mr. Ward st,:~ted the third motim~ is tt)udopL Rc.~olutio~ has a couple o{'changes to that l{csolut, ion. I will ask hin~ t~, g,~ r~x'c'r ~t,.m wit}~ you. Tht:y will be incorporaLed into Lhe ILest~lut, ion for final Mc. Anderson staled I have inserted a new WI II,;!~I';AS cl;~use t. hat states Manager and tim lOistrict Engineer, thaC maintenance .f the l)istrict's systems app(n'tioned between the parcelsin proportion t~ the }m~el~ts receiv~:d. [ }~;~x't, als,, have also made a re['c, rence t,o tl~e assussment t-bill hr,lng includt,t{ :m I,;xh~ifit "A" ~; At~orn~x fo~ the Distric[ was ado~Led. FOUR'II I OIl. DEl{ OF BUSINESS Stuff Relx)rts C. Manager - Ilel>Ort on Numlxu' of I~dstertal Votm~ - 128 Mr. Ward stated I will g¢~ first i{'l ~llay. I have i~clude~t i~ thl~ st, aLut.~>ry :.cquirement, I'rom (.',hapter ltl0 which rt,qt~ires th~ ~t~pervis.~r l,;lections to disclose Lo the l~oard {ma yearly basis iht'. numimr .f rc~list,e,'ed within the I)oundaries of thc [)istrict. l,'or thc purp{~scs ,,l' Nat>Irs }lerit;tg[' the b¢,undaries .ftlm District. This inl'.rmatim~ will })e included August 2,1, 1998 There is i1o action thai, is required of you. iL is provided to you ['or t. hc purp/~6c determinin~ when you will change from a landowne,'-l~ased election of this t() a qualified-elector-l)asud election. That occurs whc~ you meet two crit.~ri'a under the Statute. The firstis that the District reaches six years ['rom t}~c,.(talc creation anct subsequent to that, that is when you w~>ul(l lmm(in t, he elector-basect election process and you have 250 qualiflect cluett,rs resicli,~ the boundaries o[' the District s() wl~un th(me two criteria '~r~ reel, tl~c~ v~,~ will ()n Oct, obcr 1, i996, so ym~ hav(~ a few more years t,o ~o. 'I'[~i~ i~f'(~nn',tti¢~;t will provided L, you fl~r your ig[~)rnlatioll alad will 1)~ made a parc (~[' the r'ec~;rd. 'l'l~C all that I have t~) rel)~rt. We will move t() the Attoz'ney's l{ep~)rt. A. Atlorney Mr. Anderson stated I have nothing additional. B. Engineer Mr. MeAnly stated Karen Ellis called me last week :tt~t,t~t, with no ctet,ail, $2,388,321.00. I tried to call her hut. ct,uldn't that Mr. Ward replied t cl~ not Mr. MeAnly slated it, says with regard to N:~l)lt's Home had thirteen plus million dollars from tl~e }>oncl. {:leven million and that was likc~ly the secr)t~(t draw, but if forw~trd that to the Manager and he can ~e[ thc det:~il. Mr. Burns asked whose number is Mr. MeAnly replied it is a 954 area code. Mr. Ward stated if you will give mc the message, I will lake ~'()tl. Mr. MeAnly stated th(; message simply million dollars, rcquisiti~)n paid with no detail. there has bce~ nothing that has ever been paid by tills (~1)I) witlmut, tim proper 4 Augusl, 24, 1998 backup. II'you would like tr~ give me the message, I will tlc ~41ad to take care. of it for you. F[I;WIIOII.DEi{OF BUShNESS Supervisors Requests and Audience Comments Mr. Ward asked under item five, is there anything fi'om thc Mr. Comeau stated there being nothing, I mr~ve for adj~mrnmcnt. liOn MOTION by Mr. Comeau seconded by Mr. Agnelli: with all in favor the meeting was adjourned at 10:45 A.M. Ja2~es P. Ward Secretary Peter Comeau Chairman 5 AGFN DA N A PLI.'.S HERITAGE COMMUNITY i)[!VEI,OI'MF~NT I)ISTRIC'I' Monday August 24, 1998 10:30 A.M. 1. 2. 3. Roll Call Young, van :\sse~derp & 801 I,atn'el Oak Drive State 300 Naples, Florida Approval of the Minutes of Lhe July 27, 1998 Meeting Public Hearing for the Adop[ion of the Budget for Fiscal Year 15)5)8-5)5) and the I,evy o~'Non Ad Valorem Assessments ,1. Staff' Reports A. Attorney I3. Engineer C. Manager- Report on Number of Registered Supervisors Iiecluests and Audience COIlllIILIILS Financial Statements and Invoices 7. Adjournment, NapLes OaiLy flews llapLes, FL 33940 Affidavit of Publication r~apLes DaiLy tiews NAPLES HERITAGE CO~MUII!TY DEVELOP~EllT DISTRICT 10300 uu llTH MAr;OR CORAL SPRIIIGS FL $3071 REFERENCE: 052512 5773~O70 UOTICE OF PUBLIC HEA State oi Florida County of Collier Befor~ the undersigned authority, persnnatly appeared B. Lamb, who on cath says that she serves as the Assistant Corporate Secretary of the tlaplcs Daily ~lews, a daily newspaper published at tlaples, in Collier County, Florida; that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at ~taples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Haples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement/ and affiant further says that she has neither paid nor promised any person, firm or coporati~n any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/07 08/14 AD SPACE: 96.000 t~CH FILED ON: 08/14/98 Signature of Affiant ' ) m\~ Sworn to and Subscribed before me this ,,/L/ day of /'~ ,, · ....... ~;OTi(_E OF PL2~LIC ~IAPLES HERITAC, E DEVELOP,~,~EtlT DISTRICT 80 I Laurel Oa~ [Drive, Suite 300, ~Joj)JeS/ IU:'.SO LU'I'iON 98-2 A RESOLUTION ADOtYFING 'FILE FLNAi. BUDGET OF THE NAPLES HERITAGE COMMUNITY DEVt{LOPMENT DISTRICT FOR t:ISCAL YEAR 1998-<99 Whereas, the District Manager has heretofore prepared and the Board, for approval, the District's proposed General l"und l~ud~et ensuing fiscal year; and WHI~I{EAS, a public hearing has been held on this 2.1th (t;ty of Atlgust, at which members of tim gene,'al public were accorded tl~e opl)ovtunitv prior to the adoption of the final budget; NOW, 'iIIE~ZFOI{I':, BE IT RESOLVED BY TIIE BOARD Of" S~EI{VISOI~ OF TtIE NAPLES H EIIITAGE COMMUNITY DI~ELOPMEYF DISTIUCT; l. Thc General I:und 1)udget, heretofore subniitted to and approvc~l by tl~e Board is hereby adopted as the final General I:und l~udgcc of the l)istrict Year 1998-99. 2. A verified copy of' said []nad General Fund Budget sI~all an exhibit to this Resolution in t, he l~istrict's "()flScial Record (~f t~roct~t:dings''. Adopted this 2,1th day of August, 199S. Peter Comcau C h a i r m ',~ n J4mes P. Secretary i~, I.L,,;() I~UTI () N 98-3 WITIIIN TIlE N.,Xl'I.I,]S IIEI~ITA(;I,~ ('{)~Ihli'NI'I'Y I)EVEI.()I'blENT I)I~TRICT I.'()R I:ISC,,Xl. YEAI< WIIt{I~t:AS. thc i~oard ,~1' Supcr~is,x~ o:' ~hc Xaplcs I lcdu~uc ('nmx~ux~ l)istric~: and it is hereby dc;ermined th'at no debt scm'icc is required ibr ~hc l)ixtric~: received by each parcel; and N()W, TI 11;SRl{l:()lil'i, lllq 1T I/I,;S()I,VEI) llY'l'llE IIt):XRI~ SUI'I:iI{VISORS ()FTIII{ NAI'I.ES I ll,iRITA(;l'i 1)I{VI.~I.()I'MI'iNT l)cvclopmcnt I)istrict. That thc collection and cntk~rccmcnt of thc aJbrcsaid assessment shall be at ~hc District to be levied upon, arc hereby certified to thc Collier County Properly ,-Npprah;cr on lixhibit ".,X" to be exlcndcd on thc County 'l';~x Roll and shall bc collected b,, thc k'ollicr ('otmtv 'l'ax paid to thc Naples t lcritagc Communii>' I)cvdopmcnt l>istrict. NapJcsllcrilagc('omn~unitYDeVcl°Pn~cn~l/is~ric~'('q crt'otmly. /' /Gary 1., ,'-'~!T Communit'y l)evelopment District Budget - General Funct Fiscal Year 1999 ,ll,l,rol,riati~ 'l'.tal ltt, venuc: ,qub-lt)t,]l: 51 $5.20¢ $ 103.3,q3 Admi.i:;tr. twc i'ccs: 'l'cJt,}~Jlone ['()~;tage & Ncprodt]ct~(m ('omtm It, r Servict':~ [.uj~al Advertising; f4t~t,scri priori:; & Membcr:,hi ps 'Assessable Units Assessment per Unit 799 5162.49 Sul~-tolnh 5ul,-I.tal: Total Apl~pli,di{ms: 51 5;175 $ 1.200 $17,075 5~},371 $12%S31 Community Development Dis*,ric! BudGeS Fiscal Year 1999 Debt Service Fund St.~ternenl of Revenue, Expenditures .',nd Changcs in Fund For the Fi&cai Year Ending $¢plcmber 30, lggB Revised Budget FY fl,q Unappropriated Fund Balance Prmc.ipul Prepaymmd:; $0 $0 $0 $0 $0 $0 [ntl:rt;sI Income Total Revenue $0 $3,280,66fj S2,B29,334 $G,110.000 $6.110.000 $6,1 I0,000 Appropriations: Pnnclpal Prepayments $104,580 $145,729 $104.002 $240,821 $145,241 $24~,~321 ._ __$.~O,_.~,5_._.~B.O._ .$3,426,305 $2,933,426 $6,35~_,u_'2:1..' $6,255,241 $6 350;82'1, Retiremuf~t Interest :Expense SO $3,195,000 $2,915,00~ $6,110,000 ($6,110,000) $6,110,000 $0 $0 $0 $0 $0 $0 $854,020 $466,939 $4[~,939 $933,878 ($'/9,858) $D33,I~78 Opciating Tmnsfer's Out $0 $410,22 ! $410,227 $3,381,939... $7,454,10.fi ($6,600,085) ($ I, 094,28', ) 'Fetal Appropriations $854,020 $4,072,166 __ $5,714.297 N~t Fund F~,31,3nce SP..ptumber 30, 199! [Actual) $525,000 $466,039 $991,939 Sl,953,41~ $475,~2 Reserved for Debt F, ervirx:(AJt Years) Reserved for Debt ,..;ervic. e(Fisc~"]i Your 2.000~: Prindpal on Bonds Due 1 Intem~;t Fzpen~e Due 11/lf90 Reserved for Future Debt Servi(~ Ur~approprialL:d Fund Balance Geptember 30, 1998 .$41 O, :.)27 Community Development District Budget Flscal Year 1999 Dcbt Service Fund Rew:nues: Umjppropnated Fund Balance-October 1, 1998 Asses.~ment Levy Interest Income i oral P, ovcm. lu $475,6~? $8'/,450 $563.112 Appropriations: Debt Service: $0 Principal Debt Retirement $558,112 Interest Expense $558,1 '~ 2 Other Fee'.; & Chnrges: Computer Service Fees $5.000 Total Appropriations: $563,112 Community Development District Budget Fiscal Year 1999 Debt Service Fund Revenue Surnma~ Reserve Account: The Bond Resolution auU~orlzjng the issuance or the Series 1996 Bonds estoblishod this account ;Jrld p~uvid~.s that the Bond Re..serv~. Requirement sha[I be ~m amuu.t equal to the ma.ximum amount of principal installments and interest payable in any year on ail bond~ outstanding. The monies in the Reserve Ar_x;ount, to the extent of bhe bond reserve requirement, are not available for any purpose other than the payment of thc principal installment and interest on me bonds Reserve Requirement $1,199.000 Thc District has invcstcd thc re.serve funds iff t~e following: US Truasury Money Market .5.000% 51,199,000 $59,950 .... $1,199,0o0 'l'hese investments are in accordance with those pen,~it[ed ns [~tHli~ed in the Bond indenture Debt Service Accounts: The Bond Indenture authorizing the issuance of the Sodas 1996 Bonds established Lhree (3) Debt Service. Accounts to track the flow of funds from the receipt, of monies through the Payment of Debt Service. T~e following are thc accounts which have been established pursuanl to the Bond Indenture. Descngtion J. DJ.e[est Revenue Fund $2,500 Interest Account $0 Pre-Payment Account $25,000 $27,500 $27,500 Community Developmont District Debt Service AmorttzaUon Schedule Series 1996 S_~ecial Assessment Bonds Dato Rccju[ar Principal [ntcrc~t Outstanding Principal Prcp~ymont~ E. xpcn~c Principal 5/1F.J7 11/1/97 511/98 1111198 5/1/99 11/1199 5,/1/00 11/1100 5./1/01 11/1/01 $525,000.00 $555,000.00 $7,995,000.00 $1,245,000.00 $3,195,000.00 $2.915,000.00 $421,018.74 :$466,938.75 $368,692.50 $279,056.25 $279,056.25 $279,056.25 $262,912.50 $262.912.50 $245,848.25 $245,846.25 $16,430,000 O0 515,185,000.00 $11,990,000.00 $9,075,000.00 $9,075,000.00 $9,075,000.00 $8,550,000.00 $8,550,000.00 $7,995,000.00 $7,995,000.00 $0.00 $9,o75,ooo.oo $7,355,000.oo $3,111,336.24 Community Dc, vclopment District Debt Son/ice Amortization Schedule Series lg96 Special Assessment Rends yyglLP_~loctod snd Actual pr~l~ty_D:l~J3,t~.lncludud Date Regular PHnclpal Intercst Outstanding Principal pmpsyment~' Expense Principal $16,430,000.0(] 5/1/97 $1,245,000.00 5421,011].74 515,185,000.00 11/1/97 $3,195,000.00 $46G,930.75 $11,9'30,000.00 5J1/98 $2,915,000.00 $3~B,692.50 $9,075,000.0~) 11/1 fO8 $2,282,000.00 $279,056.25 $.6,793,000.00 5/1/00 $2,3~55,000.00 $208,1:JU4.75 $4,42U,E]O0.O0 11/1/09 5525,000.00 $2,157,000.00 $135,161.00 $1,746,000.00 ~/1/00 $1,083,000.00 $53,689.50 5563,000.00 11/1100 537fi,000.00 $287,000.00 520,387.25 $000 totals $901 000.00 $15,52g,000.00 $1,954,B28.74 ' ar~ounts after 5/1/0'7 are projected, based upuu US Hor'r~:; Futu~,*; o,llc., Informatior~. Community Development District Product Type units by December 31, 1998 Single Family 14 ViJla 22 Veranda 50 '~.fmce 67 total a.mo, essmont $401,8E,4.68 $581,801.44 ,~,80,238.50 $1,531.614.99 173 $3.395.519.61 Product _._ by Juno 30, 1999 .... ' units ~ent sold ~8,?Jdawm; Type Singte Family lB $51G.6,q3.16 Veranda er'race 22 $581 ,gO1.44 0 $0.00 1 34 55gB,f.,a2.1g $~,~7,o46.78 ] 14 by Juno 30,200_0_ . units as,sessmc nt sold R~ydow°s Product Type Singlc F~nily Tel n total .____.~_~emb~r 31, 1999 ] [ Product uni as.-,~..,~-~ment~ j J Type 44 $1 038.355.88 J [ total 17 S487.978,54 $0.00 17 .'~87,978:54 r MARY W. MORGAN SUP~RVISOn OF EI.~:C'I IONH COLA, Iii [~ G OVid.' I~ NME N r COMPI. E X 3:J01 ]'AMIAMI ]'FLAIL EAST NAPL[:'S, FLORIDA 34112-4902 TEI.[.PI lONE: 94 I\774-8,1.%0 FAX: 941\774-9,16fl August 7, 1998 Mr. Gary L. Moyer, Manager Land Deve!opr,'nent & Management 10300 N.W. Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: SUBJECT: NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Attached is the demographic report of the June 1, 1998 voter registration in the community development district. The cost of providing these statistics is $25. The check should be made pay- able to the Supervisor of Elections. Please forgive my delay in forwarding this material to you. Sincerely, Mary W. Supervisor of Elections Encl. o~o~ o o o c2. c~ 00000 00000 0 ~ 000 00000 000~0 rn -.ri r- 0 r'n ~ o ::: :n ;,:.i c) ,-] rJ C · o~ o o oo 0 0 © r.~ 0 o ,=, o o ~ -.., 0 '..2 0 O0 'Z f~ "~(~ 0 0 ,.,< .-] ~--~ I r~ (~ {11 r~ 0000000 C~" ~ ~"' Z m ~J 0 0 ~ ~ ~ o~oo ~ ~ 0~0 0 0 ~C~ o 0 MEMORANDUM [,dAY 2 5 1999 Agenda Item # TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Clerk of the Circuit Court/Finance Department DATE: May 21, 1999 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. East Naples Fire Control and Rescue District 1. Pursuant to Florida Statutes Chapters 189 and 190, the East Naples Fire Control and Rescue District has submitted the following: (a) Public Facilities Report Thank you ',special',spacial EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Naples, FL 34104 Telephone (941) 774-7111 Fax (941) 774-1782 May 14. 1999 Mr. James I,. Mitt'}tcll County l:i~)a~wc Director Collicr County l.'i~:m('c Dc[)artmcnt 3301 East 'l'azniami Trail Nal)les, FL 34112 [)oar Mr. Mitchell As per l:lorida Statt~tc 189.,11.5, ctwloscd you will l'i~d a Pt~t)lic l:acilitics Rcl)()~'t for the East Nal)lcs Irirc Co;~tro[ attcl Rescue [District. Should you have ;~]~x' Clt~cstit)ns, I)Icasc don't hcsitatc ti) gix'c ~c :~ c;~ll ;~l (9,11) 774-7111. 'l'ha[Hq you. Sincerely EAST NAPI.ES F1RI'; CONTROL & RI.~SCUE , ,.y %.- Oavhmd Moorc Deputy Cl~icf GM/mmf I'~c. ', ,) EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Naples, FL 34104 Telephone (941)774-7111 Fax (941) 774-1782 Thc I'~ast Naples Fire Co]tt]'t)] and t.lcscuc District ct]n'ctxtlv tttaitttai]~$ I'ivc {5) facility sites, oxv]~s three (3) rata]it parcels, anti is ct]rrct~tlv ~]cg()tiati]~g wit]~ the ~rcy Oaks St]bdivisioll l'or a olio imi]]t five (1.~] il('l'(' site. l~t 1998 thc District rCSl)O~dcd to fivc tl)()usa~d six lztt[Klrcd {D.G00} c~ner.~c~cics tlu~t inclttdcd strut-tuft, vchi<'lc, a~d brtzsl) fires, v(';~ic]c accid,:z~ls, tlicdi:'al aid. hazardous spills, airt)lanc crashes, crc. ltcadqttarters 20 and Statim~ 20 are located at 4798 Davis l?,lvd.. Naples. l.'lo,'ida 34104. A¢t:uix)istratio~t c()ttsists of ci,~]~t {$} pcrso~x]lel wl~() work I'ortv (J0) t),.)t:r W C C [~ S. Supl)rcssi(>[t consists of fil'tcc~) (15) pcrsox~]tcl wi]<) work lief'cc (3) twcntv--fottr [24) I)our sl~il'ts, five (5) pcr sl~ift. Station 20 utilizes a l~ad¢lcr/l'~]¥1inc Compa~Lv and a l,?,c, sct~c IA Statio]t 21 is tile Pttblic Safety Facility locatc(t itt 11121 East Tan~im~i Trail. Thc facility houses Sub-Statio~t, as wcl] as ci,~litcc~ {IS) fire .SUl~l~rcssiml l~erson]lel wino work three (3) twc~ttv-four (2,1) shi['ts..six ((5) per sl~il't. Statiol~ 2.1 utilizes a l.aclclc'r Trucl~', il C~llllllilll(]t.'l' Vel~ic'le. Statiot~ 22 is located at 5665 \Varrc]t ._%trcet. 'l'l)is slrtli'ttlrC District's vcl~ielc ~]~ai~)t('lu~ltcc facilit\'. It is stalfc(I witl~ t',v<) (2) l't~ll-til]w 1]tct'lliltlics al)ti ()~lc (1} part-til~]c ofl'icc assista]~t. I). Statiott 23 is l<watcd at 7227 Isle ()1' Capri Road, C.R. 95t. It lit)list's ;t Collier COtlll/V ['aralncclic crew (2) and nine {91 sttl)l>l'csNioll l~Crsn~cl that work two,{tv-four {24} hour sl~il'ts, tl{rcc (3} per sl~il't. Stalioll 23 uti]izcs an [C~i]ic Co~pa~y. ;~ Reserve E~l,ai~tc. illld ;i Uiilitv 13t~s is also hottscd :~t ll~is Iocatitn~. Statio)~ 25 is il leased ()fl'icc si)acc located :tt ,t977 l.;ast 'l'amiau~i Trail. This l'acilitv I~ouscs thc Fire l'rcvct~ti(m l.?,urcau consisting of o]tc(l) Fire Marshal. one (Ii sccrctm'5', and four (,i) it)spcctors. I.~IVJ.~ ¥1.~AI~ OU?I,__-O_OI~ ~'c:;~z' 2QOQ Start t,()~stvt]¢'ti()~ o[) St;ttiot~ 2ti. t() I)(', l()t';tt('(l iii t]~(~ Oalqs I)UD. 'l'llis st~tticm will ttlso serv(~ ixs tilt: Acl~li~istrltti()t~ (~t~ltt'~'. l:ivc [~reve~ltio~l will move to 4798 D~tvis [glvcl. Yea~' 200~ Begin (,o~lstl't~ctio~l o~1 ~t t~':til~i~ I';~c'ililv (silt' cletc~'mine(1) l:iclcllcr's C',rctrl~ I~U[). 2 MEMORANDUM A MiSc, Correspondence Agenda Date ___ genda Item ti FROM: TO: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager/'"/",!! Clerk of the Circuit Court/Finance Department : '~ I/I DATE: May 21. 1999 RE: Miscellaneous Correspondence - BCC Agenda Please place Ihe following items on the next available BCC agenda and call me al extension 8350 with the date and Miscellaneous Correspondence agenda item number. Herita.qe Greens Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Herilage Greens Community Dovelol)rner'd District has submitted the following: (a) Minutes of Meeting held August 24, 1998 Thank you May 12, 1999 Memorandum Severn Trent Environmental Services Severn Trent Environmental Services Inc (;or;il ',~()r ;'(F i h~',,,l,'l ?,'9')7' Clerk of the Circuit Court FinanCe I)epar[ment h.!L!,, 7f r5,,3.7) do Timothy J. Gillett 2671 Airport, Road, Court Plaza f[~[ "!)'~ '''~' ~';:' P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & l]cnton, ['.A. ILO. Box 7907 Naples, Florida 33941 Reference: From: Minutes of Meeting held August 24, Gary I.. Meyer Manager 1998 I~]nclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Community Development District (formerly Dove Pointe C.I).D.) as referenced above. GLM/nk Enc. FINAi CE MINUTES OF NIEETING I IEIIrEAGE GIIEENS COI~I3,IUNITY DEVELOPMENT DISTI~ICT '['he regular meeting o[' Lhe Board of Supcrvis(~rs o[' t. he }-'teritagc (l,'ecns Commui~ity Devclr, pment District was held Monday, August ~24, 1.998 at 9:00 A.M. aC 11185 Horsesht)e Drive South, Naples, Flm'ida. Present a~ct con,sLiLt~titll4 a quoru;n v,'cre: James I~.ein(ters Mark Taylor Karen Welks James Newell Pete,' Comeau Chairman Supervisor Supervisor Supervisor Supez'visor Als() presenL were: James P. Ward Dan Brundagc Bruce A~ldcrsol~ Attorney FH~,F ORDER OF BUSINESS I~11 Call Mr. Rcinclcrs called thc meeting Ltl order at 9:15 A.M. arid stated tile rock,rd will rellect that all Supervisors are present. SECOND OIID ~EII. OF BUSIxNESS Al)prov,"d of the Miimt('~s of thi'~ May 27, 1998 Mc.e ti ng Mr. Ward stated item two on thc agenda is the approv;tl o[' thc N'linutcs thc May27th 1.998 Meeting. You have all been previously distributed copies {)f the Minutes. If there are any additions, corrections or ctclctir~ns, iL would appropriate at this time to so indicate, otherwise, a motion ~'{~' their appr~val would be in order. On MOTION l)y Mr. C(~meau seconded bv Mr. Newellll I[with all in Favor the N'li,,utes ,,f the May 27,'1998 Nlccting~l [~were approved. '1II~ O~ER OF BUS~E&q Public Ilem-h~g for thc ~loption of flit~ Budget for Fiscal Year 1998-~D ;md the ~ of Non Ad V~dorem Aqscssments Mr. Ward slated we will open the public hearing R>r consideration ~t' yot~r Fiscal Year 1998-1999 Budge[ including the levy of non ad valorem assessments August 24, 1998 f ~ '~'' fl)r Heritage Greens t't~x' both your General Fund operation and your l)cbt Service Fund operation. There was provided to you previously a copy of your Proposed Budget. 'Po~fl expenditures on your General Fund are $109,768 lbr 527 Equivalent Residential Units within the boundaries of the District. That equates to a pe~'-unit assessment of $208.29. Your l)ebt Service taund encompasses the principal and interest due on your Series 1997 Non Ad Valorem Special Assessment l{onds for Fiscal Year 1999. There is not much left in the bank accounL with respect to capitalized interest. You kn~)w the amount of'money that ~s in thc Imnk t'r,,m the issuance o[' the bonds for some period of time, either from zero to thirty-s~x months or some lesser period. Generally when LhaL runs out, you beain to assess the properly based on the methodology that was prepared t'{~r you by Fishkind & Associates across the properties within the boundaries of the (2.I).13. With that, I will be glad to answer any questions thaL you have. This is a pu}dic hearing' and at the appropriate time, you will-need to open thc flora' testimony. Mr. Reinders asked Mr. Anderscm, do you have a questi,n or c~inment/? Mr. Anderson responded yes, I would like to ask M~'. I~m~nctage if in his opiuion the non ad valorem assessments have been fairly and reasonably apporLioned between the bemzfiLLed parcels in proportion to the beneI~ts received by each of those parcels. Mr. Brundage replied yes I believe they have. Mr. Anderson stated I have nothing additional. Mr. Taylor slated one thing we mighC have Lo ct~ is cha~ge our Engineer's record from Jack McKenna to Mr. Brunda~.:e. Mr. Ward slated you~' Engineer is actually Agnoli, There is no chanI4e that needs to be eflbctuated. Mr. l~einders asked are there any other questions ¢~' comments? Mr. Anderson responded I have made some changes t~} Resolutim~ 98-5 that was in your agenda packet. [ h'ave added thl~ "WHEt{EAS, the Board of Supervisors of the HeriLa~c Greens Community I)evelopment District ~nds based upon the reports of thc District Manage~' and District Engineer', LhaL maintenance of the District's systems and facilities and dehC service related to said systems and facilities provide peculiar and special be,milts to the parcels set forth ~n the attached Exhibit "A", and that thc amounts of the maintenance ',md debt se~wice non-ad valorem assessments are fairly and 2 August 24, 1998 reasonahly apportioned between benefitted parcels in pvopo:'tio:~ Io the bcnelit.q received by each parcel; and". I have also added some language to paragraph number four of the Resolution that makes reference to the assessment roll being attlached as l,;xhibit Mr. I{einde,'s asked will you give that language to our Manager? Mr. Ward stated I will make the changes for you. Mr. Reinders stated we will make those changes to the form o[ prop(meal Resolution 98-5. We will now ()pen the discussion t)::' Lira public, tlearing,:onc, 1 move to close the public hea,'in,g. I[On MOTION by Mr. Reinders seconded by Mr. /with all in favor the public hearing ~vas closed. Mr. Ward slated the second motion would be a motion Lo ach>pt your Budget of the Heritage Greens Community I)evelopment District for Fiscal Year ('t)I' Vt)tlF .)98-19.D. ThaLis Resolution 98-,1 thatis~n order and is recommended conside,'ation. On MOT1ON by Mr. l{einders seconded by Mr. 1[with all in favor Resolution 98-,t ADOPTIN(, ]/P~NAI~ BUDGI;71' OF THE Ht,;I{I'I'AGI~ ][~)MMUNIq'Y I)I,]VELOPMI';NT D1STRIC'[' FIS(~AI~ YEAR 1998-99 was adopted. Mr. Ward slated the third motion would he t(: ::d{~pt Ixesolttt:on levies your (lel)t service and maintenance asscss:nents within ' ) · Greens C.I .I). t'{~r Fiscal Year 1999 ThaL licsoluti{~n is ats~ in recmnmunded t'~r consicleratit)t~. MOTION by M,'. l{einde:'s seconded by M,'. C,~Hl/t2illl' with all in favor Resolution 98-5 I,I!;VY1NG SEI{VICI5 AND MAINTENANCI{ WIT}-tlN '['HE }-IIgI{ITAGtg (;REIGNS COMMUNITY DEVI;;I,OPMI!;NT DISTRICT FOR FISCAI, Yf:;AR 1999 as m:)ditied by District Counsel was adopted. _ 3 August, 2,1, 1998 Mr. Ward slated that concludes your pubic hearing relat, ivc to your assessments for your Budget for next year. They will be placed on thc tax rolls of Collier County and hmdowncrs and residents residing within thc 13imrict will see those assessments on their tax bills this coming November. FOURTIt OILDER OF BUSINE~qS Staff Relxn'~q A. Attorney There not being any, thc next item fbllowcd. B. ~tgin~r There not being any, the next item followed. C. Mmmger - l~l~rt on Nmnl~r of l~gistmxxl Vottu~ - 0 Mr. Ward stated the only item that I had fl~r you is the rcp~,rt m~ the number .f registered voters within the boundaries o[' the l)ist~rict.. In acc~rda~ce with Chapter 190, the Supervisor of' 161ections is required to prt~vide this inl'ormati(~n to you on a yearly basis in the month of June. For Heritage (freezes. there arc no registered voters within the boundaries of thc District as of this ct~tc that tt~is infi)rmation was provided to us by the Supervisor of Elections. It is required em:l/ year and will become important to you when 3'tm change ['rom :~ landowner-h~scd election to a qualified-elector-based election. That occurs when tw~) criteria have been met: First when the l)istrict reaches six years from date of creation and y~ur date of creation was July 28, 1993; and secondly, when you have 250 qualified electors residing within the boundaries of the District. I,]ach year this in[re'marion will be provided to you and when we reach those two thresholds, then we will begin the transition fi'om a landowner-based election to a qualified-elector-based election. There is no action required of you, iris fl~r your infm'matim~ and will lm made tt part t}[' the record. That is all that I have }~n' you. FIFI'II OIl)ER OF BUS~E~S Sul~wisor's lletluests and Audicmx, Con~ m tu~ ts are no comments f'rom the audience. August 24, 1998 SI*FI I ()I~J)ER OF BUSINESS Consideration of Fhuutcial Statcmenis, h~voiccs rind Ftmdh~g R~ucsL~ 13 and 1,1 Mr. Rcinders stated the sixth item is consideration of fim~t~cial invoices and Funding Requests 13 and 1,t. Are there any qucsti~ns from on those? Whatis a I)isscmination Agent'? Mr. Ward replied you are required each year to comply with Rule 15c212 the Securities and Exchange Commission and that requires a ~uml)cr disclr~surcs on a periodic basis, generally quarterly, and then an disclosure to boti~ the lmnd holder and nail{real rcpositr~ries on this District for information relative to your bonds. It is information like y,ur fund balances your Reserve Acc~)unts; the status of the (tcvelopme~t that is occurring, construction statement ['or example; whether you have used your Reserve Account; if there have been any defaults; l)cveloper information sucl~ as thc number of sales for the cti['['ere~t product lines, the values of' those sales, etc. I would assume this is a Reagan deal which means that my fi,'m is p,-obably doing it at this point in time. It is a requirement of your b.nd issue to be dm~e on a periodic basis. Nlr. Rcindcrs asked are there any questions with respect to these items'? If not, I will entertain a motion tu approve Funding l{equcsts 13 and 14. Mr. Ward stated I have no further items for you today. ~)TION ~econded by Mr. Assistant Secretary Chairman Monday August 24, 1998 9:00 A.M. AGENI)A HERITAGE GREYS CO~.D,.ILINIrlW DEVELOPMENT DISTIIlCT 3185 ttorseshoe Drive South Naples, Florida 2. 3. Roll Call Approval of the Minutes of the May 27, 1998 Meeting ,),)8-.).) Public Hearing for the Adoption of the Budget £or Fiscal Yea. 1tr ' t t and the Levy of Non Ad Valorem Assessments ,t. Stag' Reports A. Attorney B. Engineer C. Manager - Report on Number of Registered Voter's - 0 Supervisor's Requests and Audience Comments Consideration of Financial Statements, Invoices and Requests 13 and 14 Funding 7. Adjournment Naples Daily Hews NaDles, FL 35D40 Affidavit of p~:bIlcation Naples Daily ~lews .................................................. HERITAGE GREE~tS COH~'JHiT¥ DEVELOPHENT OISTRICT - J. UA~O 10300 ti~J ~J 1 TH ~ANOR CORAL SPRINGS FL 33071 REFERENCE: 027769 57733946 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Haple5 Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier Cou~ty,'Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED 0/1:08/07 CS/lz. AD SPACE: 82.000 INCH FILED ON: 08/14/98 Signature of Affiant ' ' S~orn to and Subscribed before .~e this /'~!- / day of . ~c$ 19Jl~r Personally known by me ~ / RI~OLUTION 98-4 A RESOLIYI'ION ADOtylTNG THE FINAL BUDGET OF TIlE tlERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1998- Whereas, the District Manager has hereto['ore prepared and submitted to the Board, fl)r approval, the 1)istrict's proposed Budget for the ensuing fiscal year; and WHI,;REAS, a puhlic hearing has been held on this 2,1th day o['August, 1998, at which members of the general public were accorded the opportunity to speak phor to the adoption of the final budget; NOW, THE~FO~, BE IT ~8OL~D BY TIIE BO~ OF S~ER~SO~ OF ~II~ I~TAGE G~ENS D~LOP~Yr DI~CT; 1. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget of the I)isCrict lin' l,'iscal Year 1998-99. 2. A verified copy of said final I~uctget shall be attached as an exhibit this Resolution in thc l)isLricL's "Official Record of l~roceedings''. Adopted Lhis 24th day of August, 1998. s P. ~W, ard " " Assistant Secretary Heritage Greens Budget - Gencrnl Fund l:iscal Year 1999 I R £, Ve! I ti Assessment t.evy Appropritttions: ['r%/'ess&ma[ Fees' Board of Supcrvisor's Fees Engineering Legal Audit Arbitrage Rebate Calcul~ions Management Dissemination Agent Fees Trustee Administrattve Fees: Telephone Postage & Reproduction Rentals & Leases Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Memberships Contingencies Other Fees ami Charges: Properly Appraiser Tax Collector Revenue Reserve 'I'otal l,lc','cn u c: :'4ub-t~tal: 5;109,768 $ I 09,768 S 12.000 $ l 0,000 S 1 $6,5(i0 $2,5OO $3O.32O $5,000 $3,200 Ss4,52o 5500 5,"150 54,200 $fi00 $6,300 52,00O S1,50o $175 $1.2oo SI7,325 S .... .10 Sl,lOq 5,1.574 St~b-tutul: $7,923 Total Appropriations: SI09,768 Heritage Greens Community Development District Budget Fiscal Year 1999 Debt Service Fund Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 1998 Actual Anticipated Total Budget Received or Expended Fiscal Year FY 98 4/30198 Thru 9130/98 1998 Revenues Unappropriated Fund Balance $266. 158 gO Principal Prepayments S0 S308.7,;2 Developer Contribution $173,842 S0 Inleresl Income S55.000 $24,562 Total Revenue $495.000 ',,/ar;ante F avor,:]b!e ( Ur~fav ora ble, SO SO (S266.158:, $0 S308 742 $208.742 Appropr;at~ons Principal Prepayments Operating Transfers Out Interest Expense Tolal S173,842 S173,842 $30,438 S55,000 $0 S333,304 S204.280 S537.584 $42.58,~. SO $0 $308,742 S308.7,12 (S308.742 $0 $38,655 ($38,655) $0 S495,000 $247,500 $247,500 $495.000 S0 Appropriations S495,000 $286,155 S517,587 .o~,/,,=~n~ ~,~ r$308."/,,z~" NeIIncome ($256,155) SO S242.550 S1,110,657 $600,000 S242,550 $1.949 Fund Balance September 30, 1997 (Actual) Reserved for Debt Service(All Years) Reserved for Debt Service(F~scal Year 2000): Principal on Bonds Due 11/1/99 Interest Expense Due 11/1/,.39 Unappropr~aled Fund Balance September 30. 1998 Heritage Greens Community Development District Budget Fiscal Year 1999 Debt Service Fund Revenues: Unappropriated Fund Balance- October 1, lgg8 Assessment Levy Interes[ Income Appropriations: Total Revenue S1,949 S606,851 555,000 $663,800 Debt Service: Principal Debt Retirement Interest Expense Other Fees & Charges Computer Services Tax Collector · Property Appraiser Revenue Reserve Total Debt Service: Total Fees & Charges: S120,000 S495,000 S615,000 S5.000 S12,385 S6,130 $25,285 $48,800 Total Appropriations: S663,800 Heritage Greens Community Development District Budget Fiscal Year 1999 Debt Service Fund Revenue Summary. Reserve AccounL 530.000 The Bond Resolution authorizing the ,ssuance of the Series 1997 Bonds estabhshed this account and provides that the Bond Reserve Requirement shall be an amount equal lo the maximum amount of principal installments and interest payable m arb' year on all bondsou[standing The momes in the Reserve Account, to the extent of the bond reserve requirement, are not available for any purpose other than the payment of the principal installmenl and interest on the bonds Reserve Requiremen! S600,000 The District has invested the reserve funds in the following: US Treasury Money Market 5,000% S600,000 S600,000 These investments are in accordance with lhose permitted as outlined in the Bond Indenture Debt Service Accounts: The Bond IndenkJre authorizing the ~ssuance of the Series 1997 Bonds established four (4) Debt Service Accounls to track me flow of funds from the receipt of momes through the Payment of Debt Service The followmg are the accounts which been established pursuant to the Bond indenlure Sinking Account $0 Interest Account Prepayment Account S0 Revenue Account $0 S25,000 S25.000 Heritage Greens Community Development District Budget Fiscal Year 1999 Debt Service Fund Appropriations: Debt Service Principal Retirement- May 1, 1999 Interest Expense for the period ending November 1, 1998 for the period ending May 1, 1999 Total Interest Expense: S120,000 S247.500 $247,500 $495,000 $615,000 Other Fees & Charges: Computer System Service Fees S5,000 Tax Collector Fees are based on Fiscal Year 1999 Assessments to be collected. The Tax Collector's fees are two (2) percent or' the assessments collected. S12,385 Property Appraiser Fees are based on Fiscal Year1999 Assessments to be collected. The Property Appraiser's fees are one (1) percent of the assessments collected. S6,130 Revenue Reserve The District currently reserves, and State Law permits the District to appropriate 96% of estimated revenues, which will cover discounts and non payment of assessments. Total Other Fees & Charges Total Appropriations S25,285 $48,800 S663,800 Heritage Greens Community Development District Special Assessment Bonds Series 1997 Date Principal Interest 5/1/97 11/1197 5/1/98 11/1/98 5/1t99 11/1199 5/1/00 11/1/00 5/1/01 11/1/01 5/1/02 11/1/02 5/1/03 11/1/03 5/t/04 11/1/04 511105 1111105 5111O6 11/1/06 511107 1111/07 511108 11111O8 5/1/09 11/1/09 511110 11/1/10 511111 11II/11 511112 11/1/12 511113 11/1113 511114 11/1/14 511115 11/1/15 511116 1111/16 511117 11/1117 511I!8 S120,000.00 S135,000 O0 S145,00000 $155,000.00 S170,000.00 $185,000.00 S200,000.00 $22O1OOO.OO $235,000.00 S255,000.00 S280,000.00 S305,000.00 S330,000.00 5360,000.00 S390,000.00 $425,000.00 S460,000.00 S500,000.00 5540,000.00 S590,00000 S165,000.00 S247 500.00 $247 500.00 5247 500.00 $247 500.00 S242 550.00 5242 550.00 S236 981.25 S236 981.25 S231 000.00 $231 000.00 S224,606.25 S224,606.25 S217,593.75 $217,593.75 S209,962.50 S209,962.50 $201,712.50 $201,712.50 $192,637.50 S192,637,50 $182,943.75 S182,943.75 S172,425.00 $172,425.00 $160,875.00 $160,875.00 $148,293.75 $148,293.75 S134,681.25 $134,681,25 $119,831.25 $119,831.25 $103,743.75 $103,743.75 $86,212.50 $86,212.50 $67,237.5O 567,237.50 S46,612.50 $46,612.50 $24,337.50 524,33750 Principal Balance $6,000 000.00 55,000 000.00 $6,000 00000 $6,000 000.00 S5,880 00000 $5,880 000.00 S5,745 000.00 $5,745 000.00 55,600 000.00 S5,600 000,00 S5,445,000.00 S5,445,000.00 S5,275,000.00 S5,275,000.00 S5,090,000 00 S5,090,000.00 S4,~90,000.00 $4,890,000.00 S4,670,000.00 S4,670,000.00 S4,435,000.00 $4,435 000.00 $4,180 000.00 $4,180 00000 $3,900 000.00 $3,900 000.00 S3,595 00000 S3,595 000.00 $3,265 000.00 S3,265 000.00 $2,905 000.00 $2,905 000.00 S2,515,000.00 $2,515,000.00 $2,090,00000 $2,090,00000 Sl.630,000.00 S1,630,000 O0 S1,130,00000 31.130,000 O0 $590,000.00 5590.000 O0 S000 S6,000,000 O0 $7,163,475 O0 I{-ESOI~LrI'ION .98-5 A RESOLUTION LEVYING A DEBT SERVICE ANI) MAINTENANCE ASSESSMENT wI'rIIIN TIIE ttERITAGE GREENS COI~IMUNIrl'y DEVELOPSIENT DISTILICW FOR FISCAL YF_akR 1999 WHt'2I~.I,;AS, tire Board oF Supervisors of' the Ileritage (;roens (:ommu,~itv l)evelopment Dist~Sct finds that tl~e assessment fi)r the District (turint5 19DD will ama)tidaL to $10D,7(;S; said maintenance is requirod within thc l)istrict: WHEt~.I'~'AS, the l~oard of' Supervisors I)evelopmcnt District f~ncls that t}~c, asst.ssmcnt during 1999 will amount to $(;18,1G8: ~(t it se~ice is required fbr the l)istric[: NOW, TIIEREFOII_E, BI~ IT RESOI.VI~I) I~'~' '1'111'2 II()hI{.I) ()I" SUPIgRVISOILS OF 'l'I IE t IEItIWA(; E G t t/~IdNS C O~45'I uNrr'Y DE'VELOPS, IENT DIgrRIC~I'; ' 1. That a maintenance assessment in the total sum amount o£ is $10D,76~ and the same is hereby levied upon each tract or parcel of' land within the Heritage Greens Community Development District. 2. That a debt service assessment in the total sum ~tmount of'$(ilS, 1G8 the same is hereby levied upon each tract or parcel ()t' land withir~ the Heritage Greens Community Development l)istrict. :/. That the collection a~(l entbt'ce~ent. ~t' t}~ itl})~'t, sliid :~ssoss~o~t sl~all be at the same time and in like mariner as Collier (~ounty t.i~xt~s. All shall be subject to the s;tme discou~Ls ~ts (',oilier (?ount,y 4. ThaL the said debt service and maintenance i~sst:,s~;me~lk lovy and lists of lands included in the I)istric[ are hereby certi/qed to the (¢ollior Property Appraiser to be extended on the (Jounty Tax I~oll :~nd shnll b o collected the Collier County Tax Collector in the s:~me manner ~nd t.i~t~t~ ~ts (2otlier taxes. The proceeds therefrom sh:~tl be paid Lo tho t-loritage (;reens Development District. BE IT I"UIVI'HER I~.I',S()I,VLI), that a copy o1' this liesoluLion be transmitt, ect to the proper public officials so that, iLS purpose anti effect may bc c;11'l'ied out in accordance with £he law. PASSED AND AI)OPTEI) this 24th day of'August, 1998, bv the lloard oF Supervisors of the Heritage Greens Community Development D/strict, Collier County, Florida. ~-ary I.. Mbyc~ ......... Secre ta ry Heritage Greens CO~I~IMUNITY DE VEL OPMENT DISTRICT Adopted Bridget Fiscal Year 1999 Community Development District Budget - General Fund Fiscal Year 1999 Assessment I~e,,' y Appropriations: Professional Fees: Board of Supervisor"; [:ecs Engineering Legal Audit Arbitrage Rebate Calculations Management Dissemination ,,\gent Fees Trustee Total Revenue: Sub-torah S 109,768 5109,768 S30,32{~ 55,OOO $3,200 $8.1,520 Administrative Fees: Telephone Postage & I.~cproductlor~ Rerttals & Leases Office Expenses & Supplies Computer Services h~surance Legal Advertising Subscriptions & Memberships Contingencit:s Other Fees arid Charges: Property Appraiser '['ax Collector Revenue Reserve Itssessable Units ssessment per Unit 527 $208.29 Sub-total: Sub-total: Total Appropriations: $6{)I~, $6,30O 5;1 $175 $1,200 517,325 $2,2-10 $1,10t) $4,57.I 57,923 5109,768 Community Development District Budget Fiscal Year 1999 Debt Service Fund Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 1998 Aclual Anticipated '1 ct ~', [}udder Received or Expenc~,ud [:nm:fl FY 98 4130198 Thru 9130198 199,3 RevenLles Unapproprlaled Fund Balance Pnncipal Prepaymen[s Developer Contribution Interest Income :l'otal Revenue $266,1[:8 $0 $308,742 $0 $ ?,0:'t, ;','2 :~,308. ;47 S173,842 $0 $t73,8,t2 E,~73 $55,000 S24,562 S30,,138 S55,000 S,I~5,000 $333,304 $20,1,280 :~,;.3 .... __ ~'/..:_: :~_' ? '__ Appropnations: Principal Prepayments Operatm'.J Transfers Interest Expense Total Appropriations Net Income SO $ l.'3u .... 0 $38,655 (S38,655~ 30 ...,,,, .;. ,. ,.. (., $ 0 $495,000 S286,155 $517,567 158) ~und Balance September 30, 1997 (Actual) Reserved for Debt Service(All "fears) Reserved for Debt Service(Fiscal Year 2000): Principal on Bonds Due 11/1/99 Interest Expense Due 11/1/99 Unappropriated Fund Balance September 30, 1998 S0 S242,550 5600.000 S242,550 $1.949 Heritage Greens Community Development District Special Assessmont Bonds Series 1997 Am~ rqz,~ti~n_,~ c.h ~d ~dc Date Prinopal Interest 5/1/97 $165,000 O0 1/1/97 $247,500.00 511/98 $247,50000 111198 S2,17,500 O0 5/1/99 S120,000 O0 $247,500.00 1111199 $242,550.00 511100 S135,000 O0 S242,550.00 1111/00 S236,981.25 511/01 S145,000 O0 S236,981.25 1111/01 $231,000.00 5/1/02 $155,000 O0 S231,00000 1111102 S22,1,606 25 511103 $170,000~00 S224,606.25 11/1103 $217,59375 5/1104 $185,000 O0 S217,593 75 11/1/04 S209,96250 511105 S200,000 O0 $209,96250 1111105 $201,712.50 5/1106 $220.00000 $201.712.50 11/1106 S 192,637.50 511107 $235,000.00 S192,637.50 11/1/07 S182,943,75 511108 $255,000 O0 S182,943.75 1111108 $172,425 O0 511109 $280,000 O0 $172,425,00 11/1/09 $160,875.00 511110 $305,000.00 $160,875.00 11/1/'10 S148,293.75 511111 $330,000.00 $148,293.75 11i1/11 S 13,!,,681.25 5/1/12 $360,00000 S13,1,681.25 11/1112 $119,831 25 511113 S390,000 O0 S119,831.25 11/1/13 $103,743.75 511114 S425,000 O0 S 103,743.75 1111114 S86,212.50 511115 S460,000.00 S86,212.50 1111115 $67,237 50 5/1/16 $500,000 O0 $67,237.50 1111116 S46,612.50 511117 $540,000 O0 $46,612.50 11/1/17 S24,337.50 511118 $590,00000 $24,337.50 Principal Balance $6,000,000 O0 $6,000,000 O0 S6,000,000 O0 $6 000,000 O0 $5 880,000 O0 S5 880,000 00 S5 745,000 00 $5 745.00000 S5 600.000 00 S5 600,000 O0 S5 445,00000 $5.4,15.000 O0 S5,275.000 00 S5,275,000.00 $5,090,000 O0 S5,090.000 O0 $4.890.000 O0 S4,890.000 O0 $4,670,000 O0 S.t.670,000 O0 S,1,435.000 O0 S4,435,000 O0 S4. 180,000.00 S4,180,000.00 $3,gO0,O00.O0 S3,900,000 O0 $3,595,000.00 S3,595,000 O0 S3,265,00000 $3,265,000 O0 S2,905,000 O0 S2,905,000.00 S2,515,00000 $2,515,000.00 $2,090,000.00 $2,090,00000 S1,630,000,00 $1,630,000 O0 $I,~30.00000 $1,130,000.00 $590,000.00 $590,00O.00 S0 00 $6,000,000.00 $7,163,47..5.00 y-£eri age reens Community Development District ! Budget Fiscal Year 1999 Debt Service Fund Revenuesl Unappropriated Fund Balance- October t, 1998 Assessment Levy Interest Income To[al [Revenue S ~,949 $618, t68 $55,000 Appropnatmns Debt Service: Principal Debt Retirement Interes[ Expense Total Debt Serwce. S120,000 S495,000 $615,000 Other Fees & Charges Computer Services Financial Accounting , Tax Collector Property Apprmser Revenue Reserve Total Fees & Charges $5.000 $10,500 S12,616 S6,244 S25.757 $60, '117 Total Approprmtions S675, 1 17 Community Development District Budget Fiscal Year 1999 Debt Service Fund ! Revenue SLJmrTlar¥ 1 he fGond P, esokmon authorizing ll~e t$;:,(l;.lllce al the Senes 1097 [~on,~, th~s account and provides that the Bond Reserve ReqLnrement shall equal 1o tho maximum amount of principnl ~nstallments and ~nterest vear on all bonds outst~rldlRg Fha morues iR the [(eserve Aoootmt. of the bond reserve requirement, are nat avadable for any purposu oth~r payment of tl~e prmopal mstalh~ent and mteresl on ~he [}or, ds Reserve Requlremer~t - $600,000 'The D¢.;tnct has mvested the reserve funds in the following US l'reasuFy Money Market 5000% S(~O0.Ot¥) $600,000 These investrnents are in accordance ,,vith those permitted as outlined ~n the Bond Indenture Debt Service ACC()L nts t,.~. Series 1997 Bonds The Bond Indenture authorlzmg the issuance of four (4) Debt Serwce Accounts to track tho flow of funds from the roco~pt of through tho PaymF;nt of [aebt Service The folh.)wing are the ~iccoullts ,,vh~,.;h been estabhshed pursuaRt to the Bond indenture $~nkmg Account $0 Inlerest Account 325.000 Prepayrr, ent Accounl '50 R t-., ,.,' o fl iJ t? Accounl $0 S25,000 '3 2 '5 C O0 Community Development District Budget Fiscal Year 1999 Debt Service Fund Appropriations: Debt Service Principal Retirement- May 1, 1999 Interest Expense for Ihe period ending November 1, 1998 for the period eroding May 1, 1999 Total Interest Expense: $120,000 .;2-/,.J00 S2,17.500 $495,000 $6~5.000 Other Fees & Charges: Computer System Service Fees Tax Collector Fees are based on Fiscal Year 1999 Assessments to be collected Collector's lees are two (2) percent of the assessments collected Tax S5,000 $12,616 Property Appraiser Fees are based on Fiscal Year 1999 Assessments to be coIleOed Appraiser's fees are one (t) percent al the assessments collected. The Property $6.244 Revenue Reserve The Dislrict currently reserves, and State Law permits the D~strict to appropriate 96% el estimated revenues, which will cover discounts and non payment of assessments, Total Other Fees & Charges Total Appropriations $49,617 ~0.,,617 MARY W. MORGAN SUPERVISOR OF ELECTIONS COt t. IEP, OOVEIINMENT COMPLEX 3301 TAMIAMI ]RAIL EAST NAPLES, FLORIDA 34112-4002 T E t. L' Pt lONE: 9,11 \77,1 -fl,1.50 FAX: 941\774-9468 August7,1998 Mr. Gary L. Moyer, Manager Land Development & Management 10300 N.W. Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: SUBJECT: HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Attached is the demographic report of the June 1, 1998 voter registration in tile community development district. The cost of providing these statistics is $25. The check should be made pay- able to the Supervisor of Elections. Please forgive my delay in forwarding this material to you. Sincerely, Mary VV~'. Morgan Supervisor of Elections Encl. 00000 00000 00000 00000 00000 00000 00000 00000 00000 V A ~ o o o o o o0 ~ 00000 rtl -I1 r- 0 rtl -, u~ 0 rtl - ~ = --I Iteritag~ (;rccns Communily I)uvcl,pment District June 17, 1998 The Ronto Group 3185 Horseshoe Drive S. Naples, FI. 3,11 Attention: Subject: Karen Welks Heritage Greens Community Development District Fund Request Dear Miss Welks, Thc current funding ]'cqx~i]'cmcnt for thc l ierilagc Grt:cns COITIIIltIIliLV to pay thc folluwing. Pay Request # 13 Gray L. Moy.e_ra P:.A_:. 4/98 Management Fees 5/98 Management Fccs 6/98 Management Fees $5,274 $3,639.26 Total Request: $12,336.77 Accordingly, it would t)c appropriate for Tim Ronto Group to fund these items at your carlicst convenience, Thank }'()ti for .,,'otlr atteIltio[1 to this matter and if you have any qtlCSilOllS, In the meantime, [ remain, Heritage Greens CDD 10300 NW llth Manor Coral Springs, Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting Heritage Greens Community Development District July 20, 1998 The Ronto Group 3185 Horseshoe [}rive S. Naples, Fi. 34104 Attention: Subject: Karcn Welks Heritage Greens Community Development District Fund Request Dear Miss Welks, The current funding requirement for the t leritage Greens Community l)cvclolm~cnt I)istrit't is ncr cssary to pay the following. Pay Request /~ t4 Gray L. Moye_r, P.A. 7/98 Management Fccs Dissemination Agent Total Request: $8,642.55 Accorctingly, it would I)e approprmte for The Ronto Group to fund tilt:sc items ;,t ymlr c;trlwst COIIVClliC£3CC. Thank you for 3'our attention to this matter an<t if you have any questions, ph:asc let mc k,mw. In the meantime, I remain, Heritage Greens CDD ~.oaoo 1,aY 1 lth Manor Coral Springs, Fl. a3o71 Yours sincerely, Randolph G. \Vhite Director of Accounting 't © *TI 0 r' 0 (D 0 LG [~ 0 ,~. t,4 0 §§§§~§§~oOOOooo ; 00000000 ~~o~o o U o o · '/ 'FORM ,[ DO 0 I'.,;TY, 8B MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICI S TIlE MOAKp~/('OUN('ll. (~OM MINNION, ^trl'HORll'~ OK COMMI¥I'EE ON' WHICH I SEKYE IS ^ UN'Il' O CT1Y O COUN'I"Y I~"~011tER LOC^I. AGENCY NAME OF IK.H.IT1C^I. ~UliL.)IVI.~ION: I,~ WHO MUST FILE FORM 8B This rorm for by any person,¢cr','ing al {he court:v,, ci~','., or o{her local level of government on an appoir',::d or -.I--'-"' ..... ~ard, use cour. cil. comn:ission, authar~:y, orcommir~e:. It appli:s equa'.'.?' to membcrs of advisory and r, on-ad','is~r':'~'~''''~,..:.s v..ho ar_' presented ~,fith a ¥o~in.a conflict of interesl under Section 112.514]. Florida Sea:utes. 'rbur responsibilities under thc law when faced with a measure in which you ha¥~ a conflict of interes~ will '.'ar',,' greatiy d-'zpending on v,'he~her you hold an eiective or appoimiv~- position. For this reason, please pa,,,' c[os~ attention to the ir.s:rucdons on this form before' compJetin..g ;he reverse side and Riin.g th: form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '1'12.3'143, FLORIDA STATUTES ELECTED OFFICERS: A person hoidin.~ eiective county, municipal, or other [ocal public afro: hjust ABSTAIN fram ','ming on a measure which inures to his speci:,l private ~ain. Ench local al'Fleer also is prohibited From knowingly raring on a measure '*'hich inures :o ~he special .eain of a principal (other than a ..government a~:'nw) by whom he is retained. either case, you should disclose ~he conRic.:: PRIOR TO THE VOTE BEING TAKEN by '~"~:'"~ ' ' ;~' .,,. ,.,,,,~,,.~ s:a:,.n; to. , assembly ,:"* nav.:re of ).oz.'- in:er:s: er'. :':'.: measure on which you are abs:aining from '.'adnet;. and \'s'ITFIN 15 D.-'.YS AFTER THE VOTE OCCURS by completing and Filin_~ this form wi~h ~he person r:s:onsib!e for recordin_e ~h: r.:inutts of :nc race'.inc. ,;'ho should incorpo~'.: ;he ~'orm in :h..: minutes. APPOINTED OFFICERS: A person holding appointive coun,'y, municipal or other Iocai pubtic offic: ."dUST A~,b-'5~A]N ~'rom vo:in-~ on a measure whicr. inures .:o his special private _~ain. Each local cfdc:r aIso is prohibited from kno',vin~Lv votins on a measur= whic:", inures ~o th~ specia[_,,..~,;-, of a principal (other than a So,.':rnm, en~ a_~rn~') by whom h,-' is retained. A person holding an appointiv: local office otherwise may participate in a matt:r in which he has a conRic: of interest, bur must disclose the nature of the confiict before making an)' attempl to influence the decision by oral or written communication, made by the officer or a~ his direction. IF YOU iNTEND TO MAKE ANY ATTE,\,IPT TO INFLUENCE THE DECISION PRIOR TO THE ,,x4EET~.~G AT WHICH THE VOTE WILL BE TAKEN: · 'rbu should complele and File lhis form (before making any attempt ~o influence the decision) whh ~h¢ person responsible for recording the minutes of the meeting, '.,,'ho ',,'ill incorporate th.-' Form in the minutes. · A cop.',' of ~he form should be provided immediately to the olher members o,r the a_efncy. · The form should be read publicly at the meetins prior Ia consideration of the mauer in which you have a conriict of interest. ('E FOR~,I ^1~ · ~.vl PAGE · . ,, FLUE, CE THE DECISION EXCEPT RY DISCUSSION AT THE ~,IEETiNG: · You should disclose orally ~h¢ n.~Iurc of >'our conl'Hcl in the measure before participating. · You should complete ibc Form and rile it within [.s days ,~fier ~h¢ vote occurs with ibc person responsible [or r¢cordint; ibc minutes or Ibc m¢¢dn.c, who should incorporate thc Form in ~h¢ minutes. (~) A n:e~surc came or wiIl come before :ny asency w?:ich (ch:zk in,=r~d to my special p~iv~[c ~n'. or . inur:~ :o th: special ~a~n of Developer (b) Th: measure bcF3r~ my agency and ~hc nature o~ my iz:¢rrst in ~h¢ measure is as DISCLOSURE OF LOCAL OFFICER'S iNTEREST , h~rcby disclose ;h.~[ on contir, utn,,: con£l. Lcr. . by whom I 3m retained. Construction of infrast=ucture i=p:ove=ents by District, see CommiSsion on Ethics Opinion 87-66 Dz~ Si;ha:ur.,' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A E~,ILURE TO MAKE .ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED Bb.' ONE OR MORE OF TH~ FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FRO,NJ OFFICE OR EMPLOYMENT, DE,MOTION, REDUCTION IN SALARY, RE?RIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. SUI~JI{CT TO BOARD APPROVAl. MINUTI'.'S OF A REGUI.:\R M [:.I~'I'ING OF TIlE BIG CYPRESS IJ,'\SIN BOARI) OF TIlE SOU'FI't FI.ORIDA WATER MANAGEMENT I)ISTI?.ICT MARY IH.IA:.N HAWKINS BUILDIN(; 6089 JANES LANE NAPLES, FLORIDA April 1. 1999 Thc folloxving Board Members were present' Carter Constantine ~c'K~e Oerr~ Clarcncc S 'I'cars. Jr.. Director. Big Cypress I,lasmn CALl. TO ORI)ER Thc Big C.vprcss B;ism Ltoard mcclmg v, as called to order a! t,L I ~ a in by ('h;nrpcrson Williams tbllowcd by thc Invocation and Plcdgc of Allegiance to thc [:lag of thc I J~itcct States of Presentation of Award Mr. Tears presented a 15-Year Service Anniversary Award to Jovcc Amaral. Business Operations Analyst. Ms. Amaral ,.'.'ill be retiring April 30. 1999. Ms. Amaral was thaukcd by all for her dedication and service to the Big Cypress B~in. Approval of Minutes Mr. Korcst rcqucstcd the wording tlc changed Jbr Item No 7. South l,cc Count', ~Vatcrshcd Plan Update. Ilcalsorcqucstcdthc Boardrcccivcupdatcson thc p~ogrcss of thc plan on a regular b~sis. Thc Board was m agreement. On motion bv Mr. Korcst, sccondcd by Ms. Goctz, thc l:loard approved thc minutes thc l:cbn~an' 4. I(}99 meeting, with thc above-noted change. Additions, Deletions, Substitutions to the Agenda 'lhcrc ~',crc no changes to thc agenda Abstentions There ,,,,crc no abstentions Copies Big Cypress Basm Board Mint, rcs April I. lgC}g Page 2 I. Election of Officers ()u morton bv Mr '[t~omas, seconded by. Mr. Korcst. thc 13oard approved rcmmmg cxtstmg officers unlil further uoticc from thc Governor's oflicc Ms. Williams read a thrcct,,,c from thc Governor's office which affirmed this decision. Approval of Big Cypress Basin Cooperative X, Valcr Resource Projects Funding Program Proposals Mr. Tears explained that thc Board received four prop~sals fins xcar. totaling $g7.257 worth of findmg, and that $350.000 was originally bt,dgct fbr th~s program' Mr Norm Trcbllcc, ck. Public \Vorks l)ircclor fo~ thc ('it,. of Marco Island. gave tl~c first prcscntatiorL requesting funding for structure modi/'~catmn ~mprovcmcnts. to ~mpro,.c thc dra,nagc system on Marco Island ()n morton bx Ms Goctz. seconded by Mr Thomas. Iht Iloard approved thc ('ltv of Marco Island Stormx~atcr Inlet Modification Project fimdmg ~n thc anlotJnt of $50,(10(1. x~th thc stipulation thai thc stormwatcr mitt design include a x~atcr quality component tbr thc total SVS[Clll Thc next presentation was given by Ms Jill Trubcv. of thc Florida I)cpartmcnt of Ihwironmcnlal Protcclmn. Florida Marine Research lnstittdc She rcqucstcd funding fbr fi~c Big Cypress Basin Regional Database Update. This is a mmadatabasc containing information on alt thc scientific studies being performed in thc Big Cypress Basin area On motion bv Mr Thomas. seconded bv Ms. Goctz. thc Itoard approved fi~nding of this pr°Jcct, in thc amot,nt of $7.g57. with the stipulation that a counter bc added to thc l)atabasc's wcbsitc to indicate thc nt, mbcr of visits to that site. 11~c third presentation was made by Ms. July Adarmcs Minor. Project Manager for ('ollmr County I'ublic Works lh~ginccring I)cpartmcnt. I lcr request was fi)r thc insmllatmn of a supplemental culvert to improve drainage at thc first entrance to Farm Workers V~llagc ~a Immokalcc. On motion by Mr Thomas. seconded by Ms. Goclz. thc Board approved this pro oct. m thc amotmt of $14.300. with thc understanding that they consider improvements at thc second entrance of thc Village at a fi,lure date. Thc last proposal was presented by Mr. Bob Sobczak, I lydrologist at thc Big C3prcss National Preserve 'I3fis rcqucst is tbr fimding f~r thc State of Shcctflow tk~r thc Big ('yprcss Ilasm. which involxcs installation ofapproxinmtcly 25 ~clls. throt~t~hot~t thc [:akahalchcc Strand Preserve, to better momtor ~mpacts to thc natural sxstcm 'l'h~s inft~rmation will bc invaluable tk)r li~tt~rc restoration Inl[latlvCS Big Cypress l?,asm Board Minutes April I. 19tgt Page 3 Mr. F, ick 13arbor. of Agnoli. Barber & Bnmdagc added his support for tins project, ami rcqucslcd that a v. atcr-lc,.cl rc;idlng al 1-75 bc included ill this pro. lOOt On motion b', Mr Korcst. seconded by Mr. Thomas, thc Ilo:mi approved t'l, mhug of tl~:~, program, not to cxcccd $25.{1(10. ~tith thc stipulations that this work bc included in thc mctadataba.sc aforementioned, that volunteer coordination be done with thc ('onscr~ ancv m order to reduce costs ~vhcrc feasible, and that ~atcr-levcl readings be taken at 1-75 3. .,\pl~roval of Appraisal for l,ake Trafford Land Acquisition Mr 'l'cars ga~c a brief prcscntatmn on thc plans lbr dc-mucking I.akc l'raftbrd, and thc i1ccd 10 acctmlc propcrlx llcarbx t~r this purpose. Staff' rcconmlcndcd having thc propcrtx appr;uscd b~ a l)~stncl-ccrt~licd apl~ra~scr, with thc umlcrstanding that 5lafl' ~ill bring a p~opos:fl to thc Board at a later date. m purchase thc propcrt) ()n mol~on b', Mr Tlmmas. sccoudcd bv Ms (}octz. thc Board al~provcd iht not m cxcccd $12.(1()(L ~th thc st~pulatmn thai thc I}oard bc inl~rmgd conta~llm;it~o~l ~s (hsco~crcd on thc Approv;d to Authorize Transfer of Funds for Aerial Mapping! t','o.iect l'iasl ~f 951 ((7o~ltl"acl No. (,-10750} Mr Tears explained that this project would bca coopcratwc agreement with ('oll~cr County Stormv, atcr Management. m the amount of $335.000, of which wc ,.,,'ill t\md and ('oilier Count,, will fund $135.000. payable upon completion of specified deliverables order Lo enter into this ag~ccmcnt, wc nccd lo have thc fimds axailablc at thc ttmc xxc issue thc contract On motion bc Mr Thomas. seconded by Ms. Goclz. thc Hoard approved thc t[ansfcr of $135.000 for tins pro. loci 5. [:Y 2000 Budget Workshop Mr Tears presented thc prclimma~' budget, based on thc F~vc-Ycar Plan Acceptance of Big Cypress Basin Board Proposed blotting Scl~edulc Thc Board acccptcd thc Revised Mccting Schcdulc. which movcs meetings from Thursdays at Ibc Big C.vl~rcss BasirL Mar~ l!ltcn I{a,.vkms Building. to I:i~davs al thc County ('mmmssma C]~ambcrs Big Cypress 13asin Board Minutes April I. 1999 Page 4 7. Staff Reports A. l)isbursements On motion by Ms Goctz. seconded by Mr. Tl omas Ibc 13oard approved disbursements for Januan' and f:chruan' l C. Financial Reports Mr. Tears said thc interest tamed fl~rough I:cbnm~x, I~ OAR I) CO M M E NT Ms Goclz complimented Mr Tears and thc ontivc Basra staff tbr thc leadership and dedication demonstrated in thc lime she I~as hccn on thc Board St~c expressed her thanks and said she cn ovcd bcmg on thc Board Ai).I()IIRNMENT Thc mcctmg was ad. iot,rncd at I I 30 a m (Corporatc Seal) Tn, dj K. Williams. DATE: PLACE: TIME: II. III. IV. VI. VII. VIII VIII. X. COLLIER COUNTY AIRPORT AUTHORITY AGENDA Mavl0, 1999 I~rl ~' Co~ty Commtssl~$ Marco Island Executive Airport, 2003 blainsail Drive, Conference Room. Naples, FL l:OOpm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need tn ensure that a verbatim record of the proceedings is nmde, which record will include all testimony and evidence upon which the appeal is to be hased. Call meeting to Order and Quorum Check Approval oFAgcnda Approval of April 12, 1999 Meeting Minutes Administrative A. Budget Committee Report B. FY 2000 Capital Program C. Air Show Committee Report D. Marco Taxiway Committee Report E. Work Orders for t[ole Montez & Associates Everglades A irpark A. I0,000 Island Aero-Tours lmmokalcc Regional Airport A. hnmokalec Drag Strip Marco Island Executive Airport ~k>rri$ Cartes' Constantlr~ K~c'Kie B~rry Old Business A. Media Relations New Business Adjournment Misc. Corres: Copies To: M EM B ERS PRESENT: ABSENT: STAFF: PUBLIC: COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF APRIL 12, 1999 Monte Lazarus Ernest Spinelli Steve [)rice Michael Williams Gene Schmidt Richard .'\ndcrson t terbcrt Notch John Drury Gail ttambright Thomas Palmer Jo-Anne [,camcr Jo Tucker Dan Brundage Tim l lall Ed I3ossert Russ Holiday Kelly Rubino Scott Brady Brian Lally Bob Murray Luc Carricrc I)avid Wilkenson Don Ross Terry Cole Victor Latavish Victor Epstein Gwcn Butler I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:00 p.m. and quorum was present. II. APPROVAL OF AGENDA VII-B added under Marco: Discussion of News Article regarding Conscrvancv's position Marco Taxi~vay. VIII-B added under Old Business: Air Show Mr. Lazarus moved to approve the Agenda with above amend~nents. Mr. Price seconded the motion. Motion passed unanimously. 111. APPROVAL OF MINUTES Mr. Norcn moved to approve the minutes of Nlarch 8,199 meeting. Mr. Schmidtseconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes April 12, 1999 Page 2 IV. AI)MINISTRATIVE A. Interviews for Authority Consultine, Sen'ices Jo Tucker, Dan t~rundage, Tim Hall, Ed Bosscrt. and Russ f lolidav represented Hoyle, Tanner & Associates, Inc. and addressed the ,,\uthoritv regarding tile Airport Authority Consulting Services Contract I~,Irp #9c)-291 I. Scott Brady, Kelly Rubino represented MI'ZA Group, Inc. and addressed thc Authority regarding thc Airport Authority Consulti~g Sets'ices Contract I~.I:P #99-291 I. Murray, I.uc Carricrc, David Wilkenson. Don Ross. Terry Cc)lc, and 'Victor Latavish represented t lole, Montes & Associates and addressed thc Authority regarding the Airport Authority Consulting Services Contract RFP #99-291 I. Recommendation: After a lengthy discussion, thc /\uthoritv recommended t]ole Montes, & Associates to be awarded the Consultim2 S~'rvices Contract for tile next five (5))'ears. A list of expectations will be ~iscussect with tlolc Montes, & Associates. If for any reason a contract agreement can't bc reached tloyle, Tanner, & Associates, Inc. will bc given the opportunity for the Consulting Services Contract. Mr. Lazarus moved for approval of recommendation. seconded the motion. Motion passed unanimou.slv. Mr. Price B. Budu. et 200_____Q Thc l)raft Budget wns distributed to the Authority. Recommendation: Activate the Budget Committee to review in detail the complete budget forF¥2000. Committee consists of Nlr. Price. \Ir. l,azarus and Mr. Schmidt. EVERGLADES AIRPARK IMMOKALEE REGIONAL AIRPORT A..Quality Control Award Mr. \Villiams presented Mr. Kirchner with a Quality Control Award ['or ]lis dedication and attention to detail at the Immokalce Regional Airport. Collier County Airport Authority Minutes April 12, 1999 Page 3 P,. T-llangar Supplemental Grant Mr. Drury updated thc Authority on the T-Hangar Supplemental Grant. Recommendation: That the Authority accept thc supplemental grant thc FI)OT and authorize thc Chairman to execute thc grant docunmnts. .Mr. Lnzarus moved for approval of recommendation. 5Ir. Anderson seconded the motion. Motion passedunanimouslv. C. hnmokalce Drag Strip Mr. DruW updated thc Authority on the agreement wifl~ thc lmmokalcc Regional Raceway. The agreement has been reviexvcd and approved by Nit. Palmer and P, isk Manngement, and is ready to be executed. VII. MARCO ISLAND EXECUTIVE AIRPORT VIII. A. Community Coordination Committe,, Mr. Drury recommended the Chairman appoint a committee to meet with airport neighbors to address noise issues. NIr. Schmidt. Mr. North. and Nlr. Lazarus were assigned to this committee with Mr. Williams as ex-officio. B. Marco Taxiwav Mr. Drury updated the Authority on the meeting held with thc Conservancy and the fi)llow-up conversations. 1)iscussion was held on thc Conscrvanc.v's nc~vs article on thc Nlarco Tax iwav. Mr. Dmrv recommended that the Authority engage ibc ('ountv /\ltorncv's office to assist the Chairman in responding to the letter that was written to thc Chairman as it relates to '~.iolation and problems t~ thc I')elmna Seltlcmcnt Agreement". OLD BUSINESS A. Civil Air Patrol Mr. Lazarus up-dated thc Authority on the Civil Air l'atrol trailer. Collier County Airport Authority Minutes April 1_,"? 1999 Page 4 IX. X. Recommendation: That the Civil Air PatrolhavctilIMav 15, 1999 to rcmovc their trailer from the Marco Island Executive Airport parking lot~ Mr. Price moved for approval of recommendation. Mr. Anderson seconded the motion. Motion passed unanimouslv. [3. Air Show Mr. l)rury met with Mr. Schmidt regarding the possibility of an air show at the Immokalce Regional Airport. Mr. Schmidt spoke to the Authority of his experiences with air shows and indicated that \\:ayne t fammack from ,Air Sports International. Inc. could execute this activity. klr. Williams, Mr. Schmidt, and Mr. I.azarus will operate as thc Air Show Committee, gather in£om~ation, and report back to Ibc Authoritv. NEt4r BUSINESS ADJOURNMENT Meeting adjourned at 4:30 p.m. TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD OF COLLIER COUNTY Naples, Florida, March 25, 1999 LET IT BE REMEMBERED, that the North Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Clifford Flegal George Ponte Mireya Louviere Roberta Dusek Dyrel Delaney Rhona Saunders ALTERNATES: Peter Lehmann Diane Taylor ABSENT: Fred Muelier ALSO PRESENT: Jean Rawson, Attorney, Code Enforcement Board Michelle Arnold, Code Enforcement Director Maria Cruz, Enforcement Official ~orr 1i .... --~ ' C~rter _~ ~ Const~ntt~ Mac '~ ~e ~.x D~rry I,,' Misc. Cortes: ' (iff' Date: /. i',/~: / _ Co,oies To: Page ~ $_ ~0~t__COD.E ENFORCE~.M'r:NT DQAP~D OF COLLj_~R COLrNT¥~ Da~: Mazch 25. 19~9 a~ 9:00 o'clock Location'. collier Co~y uovu~,,,,,,,L Cam~a~, Ad~. 5lMm, %rd ~QQr NOTE: J~ PERSON WMO DECIDES TO APP~ A DECISION OF THIS BOA~ WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, ;GqD THEREFORE ~Y NEED TO ENSURE THAT A %F~RBATIM R~CORD OF THE PROCEEDINGS IS MJkD~, ~{ICH RECORD ~NCLUDKS T]~ TESTIMONY AND EVIDENCE Lr~ON ~IC}{ THE APPEAL IS TO BE BASED. NEI~[ER COLLIER COb'N-FY NOR THE CODE ENFORCEMENT BOARD St{ALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. LO F~hn~,~ry 12, 1999 February 25, 1999 PUBLIC HEARINGS A BCC vs. Edward (;. Martin and Dean C. Lester, KTHG Corporation B BCC vs. Virginia Nesmish C BCC va. ~omer Betancourt D. BCC vs. Homer and Priscilla D. Betancourt BCC vs. }~omer Bentancouzt F. BCU vs. JMan and v~ronica Bar~ar~ A. BCC vs. Elhanon and Sandra S Combs Raciest fo: Impos%tion of F~nes N/~ REPORTS A. BCC vs. Doauvll]e of Naples Condom&nium Request for Filing Affid0vit of Compliance .C_Q~qENT$ ~EXT MEET[NG DATE April 22, 19~9 AD,7OIrRN CEB No. 99 020 CEB NO 99-022 CEB NO 99-026 CEB No 99-0~7 CEB No 99-028 CEB NO. CKB Nc. 90-0~.I CEH I40. 98-0.. March 2 5, 1 CHAIRMAN FLEGAL: Let's all take our seats, please, and we'll get started. The South Code Enforcement Board of Collier County, come to order, please. Make note, 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. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Gentlemen. Maria, would you tell the gentlemen if they want to discuss something, they can go out in the hall. Before we get started, I'd like to inform you, we have two new memJDers to our board. Ms. Rhona Saunders -- MS. SAUNDERS: Hello. CHAIRM~; FLEGAL: -- who is a permanent member coming from our other board. Welcome. MS. SAUNDERS: Thank you. CHAIRMAN FLEGAL: ~d Ms. Diane Taylor, welcome. Glad you're here. She is an alternate. We'll call the roll, starting on my left, please. MS. SALrNDERS: Rhona Saunders, present. MS. DUSEK: Roberta Dusek. MS. LOLrVIERE: Mireya Louviere. CHAIRMAN FLEGAL: Cliff Flegal. MR. PONTE: George Ponte. MR. DELANEY: Dyrel Delaney. MS. TAYLOR: Diane Taylor. MR. LEHMANN: Peter Lehmann. CHAIRMAN FLEGAL: Thank you. We are -- MS. LOUVIERE: Do we have an attorney? CHAIRMAN FLEGAL: Yes, she's supposedly on her way. We'll do a couple of other items first. We have one permanent member absent, Mr. Mueller. For that reason, Mr. Lehmann as our first alternate will participate today. Approval of the agenda. Are there any changes? MS. ARNOLD: Yes, there are. For the record, Michelle Arnold. We'd like to add a report item. That would be BCC Board of County Commissioners versus Norris W. Bethel and Lance K. Bethel d/b/a, or as Southern Wood Recyclers. That was Code Enforcement Case No. 99-22. The board asked us to report back some progress at the previous meeting, so -- CHAIRMAN FLEGAL: Okay. Under old business, I kel[eve the county attorney represen[ative is here to bring us UD to date on a couple of items. MS. LOUVIERE: Do you need a motion to accept the amended agenda? CHAIRMAN FLEGAL: We're adding this to the agenda since it says not applicable under old business. I just MS. ARNOLD: Okay, under old business CHAIRM3L~ FLEGAL: ~- want to put hi[n on the agenda. MS. ARNOLD: -- yeah, that was supposed to be Melissa Vasquez. MR. MJINALICH: Yes, good morning, Mr. Chairman, members of the board. For the record, Ramiro Manalich, chief assistant county attorney. Yes, Ms. Vasquez is the one that will be giving you that report. I've been informed that she Was in a traffic accident this morning. Page 2 March 25,' I understand it's not serious, but I don't know if she's going to be here later on this morning or not. I'll certainly find out for you. CHAIRMIGq FLEGAL: Okay, I appreciate that. Are there any other changes, additions? MS. ARNOLD: No, sir. CHAIRMAN FLEGAL: If not, I'd entertain a motion to approve the agenda as changed. MS. LOUVIERE: I make that motion. MS. DUSEK: I second. CHAIRMAN FLEGAL: We have a motion and a second to accept the agenda as changed. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN FLEGAL: Thank you. Approval of minutes. Due to the sunsetting of our other board, we have some minutes from them. It's very hard to approve somebody else's minutes, since you weren't there. Believing that what is presented is true, I would entertain a motion that -- to make the final closing of that board, we accept the minutes as presented, and I would entertain such a motion. MS. SAUNDERS: I so move. MS. TAYLOR: I'll second that. CHAIRMAN FLEGAL: We have a motion and a second to accept the other -- the board's minutes as submitted. All those in favor, signify by saying aye. Those opposed? (No response.) CHAIRMAN FLEGAL: Thank you. The minutes of our board of February 25th, 1999. MS. LOUVIERE: I make a motion we approve the minutes of February 25th, 1999 of the North Code Enforcement Board. MS. DUSEK: I second. CHAIRMAN FLEGAL: I have a motion and a second to approve the minutes of the February 25th meeting. Ail those in favor, signify by saying aye. Those opposed? (No response.) CHAIRMAN FLEGAL: Thank you. Maria, were you able to contact Jean? MS. CRUZ: Yes, sir. She should be in here in flue or 10 minutes. MS. ARNOLD: Yeah, she's a couple blocks away is my understanding. CHAIRMAN FLEGAL: Okay. Public hearings. MS. PASSMORE: For the record, Teresa Passmore. Our first case this morning under public hearings, item A, is Board of County Commissioners versus Edward G. Martin and Dean C. Lester, KTBG Corporation. CEB Case No. 98-020. MS. ARNOLD: This case was brought before the board at two previous meetings. Both meetings the respondent, Mr. Lester, was not present. At the last meeting -- or both meetings, the board heard testimony from the attorneys representing Mr. Martin. Today we do have both representatives present. Both were notified of the public hearing, and packets were provided to both Page 3 March 25, ~; i!" parties, and both parties were in receipt of that information. I don't know if the board wants us to provide, the same testimony. We don't have anything additional to add. Mr. Korn is here. He's sitting in the front row, representing Mr. Martin, and counsel for the Lesters is also present. So if you because you really haven't had an opportunity to hear [rom the Lesters, you can do so at this time. CHAIRFLAN FLEGAL: Besides our two new members -- MS. ARNOLD: I can give us -- CHAIRMAN FLEGAL: In reading the information in your booklet, do you have enough information to MS. SAI/NDERS: Yes. MS. TAYLOR: Yes, I do. CHAIRMAN FLEGAL: Terrific. Mr. Korn, would you like to add anything to what's previously been? Before you do, sir. (Mr. Korn was duly sworn. ) MR. KORN: Well, we've had three hearings on this at length. I think testimony by Mr. Martin also. He made some statements. And myself, I just incorporate by reference all those previous statements and arguments for the board, unless the board wants me to go on at length with the summary of that. The brief summary is that we have a situation where there's pending civil litigation where Mr. Martin purchased thc property, as you know, with the structure on it, believing it to be duly permitted and appropriate. Through our hearings now and discovery, we've discovered that this particular building previously was the subject of an application for a permit. A permit was issued. The building was constructed according to site plans that were submitted to the county by Don Lester. And for the new board members' edification, Don Lester was tile owner of the property at the time. The property, currently owned by Mr. Martin, my client, was owned by a non-party to this proceeding called the Horvaths. The Horvaths were in a lawsuit with Mr. Lester over the sale of the prcperty and various items. Anyway, the structure was built according to this site plan, which was in evidence, I believe, still And '~ refer to that That was 1989. ' ' · Years later, we are here today, and the county issued a notice of violation that this structure did not have the appropriate permit. It's our contention that Mr. Lester built the property, that the county approved this structure where it actually is today, and that Mr. Lester has indicated under oath aL deposition in the pending civil action that he bnilt it, he constructed it, he had '~he permits. We request that i~ the board is to do anything, that; it issue an order tha~. Mr. Lester remove that building, bear the brunt of the cost for that. Mr. Martin will s~ipulate to consent to that. Our concern was if Mr. Martin is to remove that building, it could affect the pending litigation and any potential claims in that action. Currently it's my understanding that Mr. Lester. may have transferred his property, for ,shat reason I do not ?.now, to a corporation, which is listed as one of the named parties. It's K -- MS. PASSMORE: KTBG Corporation. MR. KORN: KTBG Corporation. Which it's also my understanding, don't have evidence before me, it's my understanding that Mr. bester's Page 4 son or brother or relation is one of the principals of that company, and took that obviously with knowledge of the structure in this pending dispute. So we have an argument that Mr. Martin, our client, is really a party in a situation where he purchased the property thinking that everything was proper. And if you look at the record, it would seem to indicate that the building was permitted, although perhaps the plans provided by Mr. Lester to the county might have been incorrect in indicating in those site plans that Mr. Lester owned all that property. One of the original contentions in the lawsuit was that Mr. Lester did own all this property. He sued the Horvaths for their sale to Mr. Martin, claiming that the sale should be rescinded, and he sued for various things, that Mr. Martin allegedly removed some things from the building. Mr. Lester claimed that those items were his because the building was his. And I think he also claimed that in his tax dispute with the authorities that all his supporting documentation for taxes coincidentally were in that building and were moved so he couldn't prove he had all these deductions or whatnot. I'm not entirely sure of that proceeding; I'm not involved in it. You also heard testimony from the la,~nyer for Mr. Martin in the civil action. He's not here today, but I think he's gone on at length over the past three hearings as to his testimony, and I'm sure the board doesn't want me to go over that one more time. But in closing, I request that no violation be issued to Mr. Martin, no penalties, and that the board direct Mr. Lester or the current owner of Mr. Lester's property to remove the building at their cost. And Mr. Martin will stipulate to that. If you have any questions, I can answer those. CHAIRMAN FLEGAL: Anyone on the board have questions for Mr. Korn? If not, Mr. Lester's attorney? MS. LOUVIERE: I think Mr. Lester is here als~, which CHAIRMAN FLEGAL: Is he here, too? MS. LO~/VIERE: Yes. CHAIRMAN FLEGAL: Good. MR. KOWALSKI: Good morning. My name is Frank Kowalski and I represent Donald Lester and KTBG Corporation in this matter. CHAIRMA~I FLEGAL: One moment, sir. (Mr. Kowalski was duly sworn.) CHAIRM.~uN FLEGAL: Thank you, sir. MR. KOWALSKI: The first notification that I received -- and I'm speaking of myself personally regarding this matter -- was approximately a week to two weeks ago when I received a packet from code enforcement which contained the charges and backup documentation. When I reviewed that material, ! was at a loss to understand exactly what my client was alleged to have violated. It appeared to me in reviewing the material that the basis of the charge is that a structure was constructed by Donald Lester on property currently owned in whole or in part by KTBG Corporation, without the required permits. And that was the substance, as I understood the charge, based on the materials. There was a cover letter with the materials, and Teresa Passmore indicated in the transmittal letter that I ought to call her if I was going to be representing this client. I did telephone her and said that I might be representing the client, and engaged in a dialogue to try to understand better the nature of the charges. Page 5 Harc'h 25, 1999 Ms. Passmore indicated to me -- and she can certainly correct me if she disagrees or I didn't get this accurately -- that the substance of the charge, as it was drafted, is consistent with my understanding, that the -- that there was a structure constructed without the necessary permits, but that during the course of these proceedings, and apparently it was with a prior board, it came to light that even though the county did not have records regarding the permitting, that the property owner in fact did come forward to establish that the permits had been issued, and that the nature of the complaint had evolved into a couple of other different possible areas. As a lawyer, I'm concerned about that, because the -- I think we all can agree that the charges that this board has jurisdiction to entertain against any property owner must be the subject of written notification, notice and appropriate proceedings and hearings consistent with that notice. And I believe that if there has been some evolution in the nature of what the substantive complaint is against my client, that's not properly before the board. I think what the source of the confusion may be ts that -- is that my client indicates to me that not only was there a permit issued, but that the improvements were in fact constructed precisely in accordance with the permit application. And apparently there's some dispute based on my brief telephone conversation with Ms. Passmore, wherein the county had indicated that perhaps the improvements were constructed other than in the area where the application had indicated. Mr. Lester, who is here to address you, if you'd like also, brought with him a drawing which he indicates accompanied the permit application, and which shows the building constructed in the exact place where it is in fact located. Again, I don't feel that that was necessarily a part of the original charges, and therefore, perhaps shouldn't even be considered by the board. But we think that factually the allegation that the application and the actual improvements are at variance, if that is the county's contention, is not provable, is not true. Apparently there's also some dispute about whether the -- there was ever a Certificate of Occupancy issued. Mr. Donald Lester indicated to me -- and he is again here to testify, if you'd like to hear from him -- that the general contractor whom he engaged to obtain -- to construct the improvements and to obtain the necessary permitting did in fact do that. And as some evidence of that, we can point to a permit card that I have here, we can point to a plan that was apparently submitted to the county, and we can point to the fact that the -- that electricity through a separate meter has been provided to that structure, all leading us to conclude that the county not only permitted but provided a CO for that structure. Lastly -- and I think that if that is -- if that is true or if the county fails to meet its burden to establish te the contrary, then I don't think that this board should take any action against either of the parties, Mr. Martin or KTBG. Lastly, I guess there seems to be some contentio.~ that the county staff has made that ti~e property -- that the improvements do not respect the setback lines as required by your zoning code. My answer to that would be that if in fact there has been a permit and a CO issued~ and the building constructed ~onsistent with that application, then you are estopped from complaining about that. Especially in light of a situation where neither of the affected Page 6 March 25, 9 property owners, KTBG or Mr. Martin, is coming to you and complaining. In fact, the dispute about whether the building was properly constructed is in £ront of the circuit court for the 20th Judicial Circuit here in Collier County in an action between Edward G. Martin, Donald Lester and KTBG Corporation. Mr. Lester and KTBG Corporation contend that the building is on KTBG property. Mr. Martin contends otherwise. There will be expert testimony submitted on both sides of the question. ;und the circuit court has jurisdiction and will decide the question of where the boundary line lies. But I can't see how this board can proceed to order the building demolished in light of the fact that there's litigation between the parties here today to determine that very issue of who owns the building, who owns the property underlying the building. I especially can't understand how the board could reach such a conclusion unless it has in previous hearings accepted a survey with appropriate expert testimony establishing where that boundary line is. Because otherwise, you can only proceed to determine that there's a violation of a setback line without any evidence as to where the property line is. I have to concede that I did not attend, nor did I personally have knowledge of, the prior hearings, so I really don't know personally what evidence was presented. But in light of all of this, what I am suggesting to the board is that you dismiss the charges without prejudice to revisiting this issue after the circuit court has determined these matters. Do you have any questions of me? And would you like to hear from Donald Lester? CHAIRMAN FLEGAL: I have a question of you, sir. You say there is a permit. Do you have such permit? MR. KOWALSKI: Yes. CHAIRMJkN FLEGAL: Would you give me the permit number, please? MR. KOWALSKI: 89-1i49. Mr. Korn advises me that that is in evidence. I have a -- my client's copy here. CHAIRMA/W FLEGAL: We don't have one here, so -- MS. PASSMORE: It's in the very back of the packet. MR. KOWALSKI: Perhaps, Mr. Chairman, you could help me. Do I correctly understand that there have been two previous hearings on this matter and that some or all of the members of this board were not members of the board at the time that the hearings were conducted? Is that accurate? CHAIRMA/q FLEGAL: Yes, because we have two new members today. MR. KOWALSKI: I see. MS. LOUVIERE~ We're merging our board. I have a question for you. Are you representing Mr. Lester on your ~- in the civil matter? MR. KOWALSKI: Yes, Ia[n. MS. LO~IERE: I just wanted to know that. MS. P~AWSON: Mr. Chairman, if I might, I'd like to ask a question of counsel. For the record, Jean Rawson, attorney [or the Code Enforcement Board. And I apologize for my tardiness. The traffic is incredible from Ritz-Carlton to here. Would you tell us the status of litigation in the 20th Judicial Circuit? MR. KOWALSKI: The case has been pending for a couple of -- I'm Page 7 March 25, ' 9 going to say a couple of years now. MS. RAWSON: Is it on the trial docket? MR. KOWALSKI: It is -- I don't believe it is on the trial docket. I think that we -- we conducted discovery by deposition and by document production within the last couple of months, and most of the discovery has been completed, so I would think that the case is ready to be noticed for trial. And so that -- I know counsel knows, but so the board understands, generally after a notice for trial is submitted by either of the attorneys, a trial comes up in about six to eight months I'm sure counsel would agree with that. MS. LOUVIERE: I do want to speak to something regarding proper notice. Over here, if you notice in summary of notices to respondents, we do have a November 18th, '98, NOH, Lester, 16th Avenue Northwest for 12-14-98 certified mail signed for on December 9th, 1998, so -- ' MR. KOWALSKI: Ms. Louviere, my only concern about notice -- I only mentioned what I knew so that the board would understand the limited extent of my personal knowledge to which I am testifying. My concern, on behalf of my client as to notice, is that my reading of the charges lead me to conclude that my client is charged with having built a structure without a permit, and we've disproved that. ;%nd that the county has said well, maybe there's some other violations that really aren't exactly set forth very clearly in the notice of charges, that -- and I would have to say that there's some ambiguity about that, because the charges address other potential issues. MS. LOUVIERE: Exactly. And there,s a reason. I was very adamant that you and Mr. Lester come to these hearings, because I was under the impression that there was pending litigation and I waL~ concerned acting on this matter. ' MR. KOWALSKI: Thank you. MS. LOUVIERE: Can you explain to me, when you go -- is there going to be an ownership issue when you go to court on this matter? MR. KOWALSKI: Yes. And the court, I would expect, will decide that issue by receiving expert testimony from surveyors. There has been what we call discovery; in other words depositions taken of a surveyor. ' MS. SAU~DERS: Sir, can you tell me who has the use of the property at this time? Of the barn? MR. KOWALSKI: Mr. Martin demolished the contents of the barn, and that was a precipitating factor that led to the lawsuit, because we claim that that -- that contents, as well as the structure itself are KTBG, or Donald Lester property. ' And I believe -- I was in the structure a year or so ago, and at that time it was essentially empty. I believe that that .is its current status, although Donald Lester can address that with more personal knowledge. So in a sense, I think it's probably fair to sa}, that pending the resolution of the lawsuit, neither party is actively using the structure. MS. ARNOLD: Mr. Chairman, may I clarify some of the points made? CHAIRMAN FLEGAL: Yes, ma'am. MS. ARNOLD: Staff's notice to Mr. Lester was noting that there was no building permit llor the structure on the parcel that we looked into. Page 8 Mr. Martin's parcel is noted as -- Mr. Martin's parcel is noted as -- if you all remember the exhibit that was shown at the last hearing, the southeast parcel. And when we checked the county's records, there was no permit pulled for that particular parcel. Mr. Lester's parcel is -- Mr. Martin's parcel is parcel 41, and there was no permit pulled for parcel 41. Mr. Lester's parcel, I believe, is parcel 36, and there was a permit pulled for that parcel 36 by Mr. Lester as owner/contractor. There was no note on the permit that Mr. Lester pulled permit number 89-1149, that there was another contractor working on that particular project. And the actual location or the location where we feel the barn had been constructed is primarily on parcel 41, not the parcel that the permit was pulled for. And that's -- that's the -- where we are in terms of -- because there was no permit that we have record indicating a barn should have been constructed on parcel 41, our notice of violation indicated that the respondent, Mr. Lester, should pull -- that there was no appropriate permits pulled for that structure. The records for the permit 89-1149 also indicated that there wasn't any final inspections approved on that particular permit. That was just brought up in discussion. Because we felt that the permits issued were not issued correctly. We noted that the respondent must obtain appropriate permits. MS. P~WSON: If I may, Mr. Chairman, I also notice that on the amended statement of violation, the description that staff has given you of the violation is the existence of structure, not the building or the construction, but just the existence. CHAIRMAN FLEGAL: I believe, sir, you also made a statement that the building did receive a CO? MR. KOWALSKI: I said that Mr. Lester believes that the building -- that a CO was obtained, but he has not been able to find one in his records. We do have an exhibit here -- which I call it an exhibit, I haven't shared it -- but it does indicate a -- the sheet does indicate that inspections had apparently been made. And this dates back 10 years, and so I -- apparently Mr. Lester's records may be incomplete. I'm not telling you that a CO was obtained. What I'm telling you, though, is that Mr. Lester believes Chat to be the case, knows that inspections were made, knows that a -- FPL activated power at that site, wi]ich we believe would have probably required a CO, does not have confidence that the county, which contended there wasn't even a permit, now says there wasn'E a CO, that the absence of that in the county file means nothing to us. In any event, if I can address Ms. Arnold's comments, I understand that to mean that the county believes that the structure is either not in the place that it was identified in the application, which Mr. Lester can testify to the contrary, or simply that it's not on the property that is owned by KTBG Corporation. And I would suggest that that is precisely the issue that the circuit court needs to determine. And I think that the charge should either be dismissed or -- with prejudice, or dismissed without prejudice with the right to revisit the issue after the circuit court decides ~he very question that's at the heart of this dispute. MS. LOUVIERE: Thank you. CHAIRMAN FLEGAL: Any member of the board have any questions? Page 9 March 5, 1999 MS. LOUVIERE: I'd like to hear from Mr. Lester, if it's okay with you. CHAIRMAN FLEGAL: That's fine. Mr. Lester? (Mr. Lester was duly sworn.) MR. LESTER: Hi. MS. LOUVIERE: Could you tell us very briefly why you and Mr. Martin are in a lawsuit? I mean, that's -- I know that's separate from this item, but it kind of is all intertwined. MR. LESTER: Yes, I understand your question. MS. ~WSON: Would you state your name? MR. LESTER: I'm sorry, Don E. Lester. Mr. Martin purchased the property, totally -- purchased some property, totally unbeknownst to me, and more or less presented a hostile neighbor. And I suspect that he had other agendas in mind at the time he purchased it. And more or less a takeover t~e position. ~d his hostility ranged to the point of of bulldozing and razing everything in the shed and so forth, at a time when I was personally in Europe. ~d it was an awful scene. If you could imagine your children going out there screaming and crying and carrying on while the bulldozers are razin9 everything. The pictures are quite graphic. I'd be happy to show the board, if I may approach MS. ~WSON: Sir, do you want to introduce those as evidence? MR. LESTER: Maybe photocopies It was a horrendous scene, as the pictures depict very clearly. THE COURT REPORTER: Would you please speak into the microphone? MR. LESTER: I say it was a horrendous scene, as the pictures depict quite clearly. I think some of them are in the video. I don't know Mr. Martin, he's not from this area that i'm aware of. I think he's from up east. I've only seen him on two occasions. So as to tell you what he had in mind would only be a guess. But obviously when the bulldozing took place and when the adverse things took place, we did what I guess most people would do, we filed a lawsuit. And I think the board has seen it and i think it is part of the evidence, there's a very clear absolute map prepared by an engineering company, it's in evidence, that shows the property lines, shows the location of the building, and I'm here testifying under oath that I'm aware that there was a survey of a property on the building site preconstruction, and there was one as built. Every step was done exactly according to the permitting procedure that you all are very familiar with. There was a CO. You don't get electricity until the CO is done. And I don't really recall, but someone might be able to tell me, I thought the CO was actually notified to the power company so they come out and turn it on. I didn't really know that they like gave the owner one. But typically we always found the power company come and turned the electricity on. That was the -- that siqnaled the end of And I know that there is a separate meter t~at's currently still on the building, and the meter was in operation [or a number o~ years, and there was a proper CO for it. And they went through the electrical and the plumbing and every aspect of it, as you would see and as the permit indicates. Everything was completely traditionally normal, nothing abnormal. And the map clearly shows where the barn was. It was done by a Page 10 Ma~ch 25, licensed surveyor and everything was appropriate. And several years went by, and next thing I knew, Mr. Martin showed up in his Land Rover with a bulldozer. And so what courses does one have except to go get a law~zer and say you shouldn't do that. Amd there -- so it's pending in court. Is there any other questions I could address? MS. TAYLOR: I have a question. How could you possibly have property and it be sold and you not know about it? MR. LESTER: i'm sorry if I stated it incorrectly. We didn't sell our property at all. Someone else sold some property that he claimed was the subject property. And it's yet to be proven if that's correct. The contention is, is that the property that Mr. Martin claims actually begins about 300 feet south of this property. And there's a conflict between two surveyors, or a number of surveyors. So the property we own we believe is ours, and this map says it is And our building and so forth. ' MS. TAYLOR: If he came in on your property and started destroying everything, did you call the sheriff? MR. LESTER: Yes, ma'am. MS. TAYLOR: And you had him arrested? MR. LESTER: No. The sheriff said this is a civil matter and we -- until it's done by the sheriff -- by the civil, we can't intervene. But the sheriff was there, the patrol cars, the officers and the whole works, you know, but they said it was civil and because two surveyors disagree. MS. LOLWIERE: I know I asked the original question and you did give us some background, but what we have in front of us is that we really have a five-foot encroachment, okay, of this pole barn. And this could be very easily solved by an after-the-fact variance. It sounds like there are other issues there, and that's really why you're going to court. What we really need to adhere to is the issue at hand, which is that -- we're trying to make sure that you have a permitted -- or whoever has a permitted structure and that it's located in the right spot. And from what we have in front of us, it shows that we have a five-foot encroachment. And I know that you have surveyors involved and that they will make that decision. Hopefully. MR. LESTER: I think the court will make that decision, the 20th Circuit Court. CHAIRMAN FLEGAL: As I remember -- MS. LOUVIERE: I just wanted to stay to the task. CHAIRMA/q FLEGAL: -- at the last meeting, and I don't have my sheet, from Mr. Martin's -- I think it was his deed of the property, the northeast corner of the -- as it was described, I believe that's where the numbers were. Because I wrote them both down, what was on his permit and what was on the deed of Mr. Martin's property, which is I guess again contended as to where the building were, were different. MR. LESTER: Yes, sir, they are. By 350 feet, approximately. CHAIRMAHq FLEGAL: Okay. And your contention is this building is sitting on your property, not his property? MR. LESTER: Yes. And the map, if I may again approach just to CHAIRMAN FLEGAL: It's in evidence, and I know it's been a month but I think we've all seen it enough. ' MR. LESTER: It clearly shows -- this map was prepared by a Page 11 March 25, 1999 surveyor saying this is where your land is. You build a building on your land. They comply with the county requirements in advance of the permit and subsequent to the -- you know, at the conclusion of the permit, as built and so forth. You do everything you're supposed to do and one day you wake up with a bulldozer pushing your building around. ;end you say don't do that. And that's really the essence of this. And the court will decide who was right, I hope. MS. ARNOLD: May I? CHAIRMAN FLEGAL: Thank you. Any other questions of Mr. Lester? MS. ARNOLD: Can I ask a question? CHAIRMA/q FLEGAL: Yes, Ms. Arnold. MS. ARNOLD: The document that you're holding in your hand, is that a survey or a site plan? MR. LESTER: I'm not sure I'm qualified to answer that question. But I take it as a survey. It has a legal description on it and a site data. Maybe it's a site plan, but I call it a survey. It's done by a surveyor. MS. ARNOLD: I believe the document that Mr. Lester's referring to is a site plan that has been prepared based on a legal description that was presented to whatever engineering group prepared it. It's not technically a survey prepared by a surveyor. CHAIRSZAN FLEGAL: Any other questions for Mr. Lester? MR. DELANEY: I would like to see -- Michelle, could we run the photos again through the -- there's some buildings and stuff in there that I'm confused about -- MS. ARNOLD: It's all been removed. MR. DELANEY: -- and some old lumber that Mr. Lester has submitted that tie wants us to look at. Go ahead and run a few more of those through there. Where did all of this junk and garbage come from that you say that Mr. Martin has destroyed or tore down? There must have been something on the property. MR. LESTER: Mr. Delaney, if they run all the pictures, you'll see some pictures that represent the -- what you call junk, as it was unloaded off of a truck in its full form. MR. DELANEY: Was it trucked into the property? MR. LESTER: Yes, sir, and pictures are there. MR. DELANEY: Was it trucked -- I asked you if it was trucked into the property and dumped there. MR. LESTER: There's proof of what I'm saying. It was not junk at the time it was brought to the site. Those -- that's all furniture and -- lumber and furniture, as the pictures do depict. MR. DEL~qEY: When was that picture taken, could I ask? MR. LESTER: Well, I really would not be able to say by memory right now, but I would probably say about '94. But my -- close. And you're saying that that turned into this MR. DEL/LNEY: picture? MR. LESTER: MR. DELANEY: MR. LESTER: manner. That turned into that. Under whose hand, yours? No, sir. Mr. Martin, in a hostile, very displeasing There's another shot of the material coming in. How would you like that at your house, or your building or whatever? Page 12 ~ ill : March , 9 MR. DELkNEY: Well, I wouldn't like it, but I'm not sure it's all the same component parts. I see stuff in here that doesn't look like it would be on the truck. But that's beside the point. Is it gone now or -- MR. LESTER: Yes, sir. MR. DELANEY: Who cleaned it up? MR. LESTER: Well, that I think is what started all this actually out. Mr. Martin bulldozed it out into a huge pile, and it stayed there for about two years. And a lot of neighbors and a lot of people complained. I think that's where the initial complaint began. And it's my understanding you forced him to remove all that material. I think it took something like 50 truck trucks to haul it off. MR. DELANEY: Mr. -- your attorney, is that pronounced Kowalski? MR. KOWALSKI: Yes. MR. DELANEY: You had mentioned something. The word confusion is always something that -- there's no confusion on the part of board. There's a violation there. And our jurisdiction in summary is that we don't like to see unsightly -- or a violation of the standards of Collier County. And the way that the situation is now is a violation of the code, and the people have said that this is not standards that we want to set. Now, that is our jurisdiction, and I'm not proposing that we dismiss it. We want to maintain the code of Collier County, and that's why we're here. And we're willing to work with you. We have -- we have shown in the past that we try to work with people, but there's no inclination on my part that we're going to dismiss it or say that we do not have jurisdiction. The board has established that we have jurisdiction. So in a matter of confusion, I don't think there's any confusion on our part. I don't have an answer or even a suggestion as to a solution at this point, other than we'd like to see the two of you work together. Now, I don't know if that's going to be possible or even what the courts will decide. But I don't think there's any confusion on the board's part as to whether or not it's something that we have no business in handling or looking into. MR. KOWALSKI: I appreciate that, Mr. Delaney. As I understand the situation, the aspects of the problem that related to litter or unsightly conditions have in fact been completely remedied, and the issue that remains is essentially a setback and a permitting issue. Ms. Louviere had mentioned that one possible solution is to apply for a variance and see if an after-the-fact variance might be granted. Mr. Korn indicated that a possible solution -- although it's not the only solution that Mr. Korn would accept -- is an order requiring that the building be demolished. We certainly object to that. There are other potential solutions. One is for Mr. Lester or KTBG Corporation to purchase property from Mr. Martin, or vice versa, from Mr. Martin to purchase property from KTBG Corporation. Perhaps you'd have to replat. But in any event, that could certainly be accomplished to respect the property line that would either be agreed upon between the parties, or established by the court and -- to eliminate this problem. Amd ii this board were to act today by issuing an order requiring that the building be demolished, then those opportunities for a resolution, completely consistent with all o~ the ordinances and policies of the county, yet maintaining the integrity of the improvement, would be lost to the parties. Page 13 March 25, And that, Mr. Delaney and board members, is why I would implore you, and perhaps I made the argument in an unattractive way by challenging your jurisdiction· Perhaps I should ask you to refrain from exercising your power, because there are better solutions that are available, and as well as more data after the court decides. CHAIRMAN FLEGAL: I'm a little -- now that you've said what you have just said, I'm a little confused about your previous statement, and Mr. Lester's. He said the building was on his property and the other property was 300 feet away. You have just said that the possibilities were to replat and -- because part of the building is on the other property, you could sell it back and forth to him. Is it on both properties or isn't it? You've told me two different things. MR. KOWALSKI: Oh, we don't know. I can honestly tell you that we believe that the building is constructed on property that now belongs to KTBG Corporation, formerly belonged to Donald E. Lester, and Mr. Martin and his attorney believe to the contrary. And that there are professionals who have different opinions· And what I'm saying is that let's suppose that this case is decided in our favor, then the structure is properly permitted and does not violate setbacks and should be allowed to remain. Let's assume that the court decides that Mr. Martin is correct and that the structure is on his property but violates a setback, or is on his property and Mr. Lester's property. If that's the court's decision, then there is a violation and the parties should attempt to resolve that by any of the means that we had discussed, that I had proposed, including the variance or the purchase and sale so that the property lines are reestablished. ' But what I'm telling you is that I can tell you what our good faith con~ention is. But can I tell you or can Mr. Korn tell you what the court is going to decide? No. CHAIRMA/~ FLEGAL: Well, another confusion is you say you have a professional surveyor that says one thing and Mr. Korn's side has a surveyor that says another thing. Surveying,s a pretty easy science. It's not difficult. You get a starting point and you go. So I'm a little confused as to why two people are saying two different things about a piece of property. MS. DUSEK: Mr. Chairman, if I might just summarize what I think is taking place, and then I'll tell you what my thoughts are or what we should do. - It appears as though in 1989 there was a permit issued for Lester for lot 41. And it doesn't ma~ter '..,'ho owned it. MS. ARNOLD: No, it wasn't 41. MS. DUSEK: Well, 36? MS. ARNOLD: Um-hum. MS DUSEK: Was it 36? All ' · right.. And then he actually built it on lot 41; is that correct? MS. ARNOLD: That's what -- yes. MS. DUSEK: Okay. So the permit was issued, but it was built on the wrong lot. And it doesn't matter who owns it it was still built on the wrong lot. In the meantime, Mr. Martin buys the property wi~h clear title, thinking that he owns whichever one of these lots that the building is on. So there is a title issue, which I understand is also being addressed. And now we have what we consider a zoning issue, or a variance -- not a variance issue, but with our board, there's a violation. Page 14 March 25, 1' --' I think because we still don't know who owns the property legally, because of all these issues, that it -- and we have different surveys saying who owns the properties, we don't know which survey is correct, I don't feel at this point that this board can act upon this issue until there are certain things resolved in the courts. We have to know who owns it, we have to know the correct surveys, the correct title, et cetera. So I feel in my own mind that I cannot act upon this until we have some concrete facts. CHAIRMAN FLEGAL: Okay, I -- MR. PONTE: I agree with you. And I think until the circuit court has reviewed the case and decided who the owner is, that our only option is to instruct Mr. Martin to keep the place in good repair and litter free, and that the charges should be dismissed without prejudice until the circuit court has made a decision as to who the owner is. MS. LOUVIERE: I want to just -~ I'm totally in agreement with what both my other board members have stated. I do for the record note that the property owner is Ed Martin. ! am concerned about the pending litigation. I really do not see it as being that confusing. The way I see it, we have a five-foot or so encroachment into Mr. Lester's property. If you -- Mr. Lester and Mr. Martin want to continue to pay their attorneys, it is certainly your money and you can do so. I think that you two should sit down, and that's why I was so glad to see Mr. Lester here, and straighten this out. I think that this issue is one that can be resolved. MR. LEHMANN: Ms. Rawson, are there any issues pertaining to the legal aspects of what Mr. Kowalski is raising that the board needs to consider? MS. PJiWSON: I think Ms. Dusek -- is that how -- I can't really see that far without my glasses. I think she's given you a very good summary of what the legal issues are. And i don't think I could have done any better. Thank you. She's given you a summary of what the issues are that the circuit court is going to have to decide. And I believe she stated that her opinion is until the circuit court makes those decisions, she's not comfortable with this board making a decision. And apparently these issues are -- and the two attorneys that are here can correct me if I'm wrong, they obviously know much more about the litigation matter that than I do. I think those are the issues that are apparently before the circuit court. MR. LEH~ANN: Thank you. MR. DEL~$EY: Mr. Chairman, I agree to the extent that I don't think we really have the -- we should make any decision, i agree that it's solely in the -- the court is the ones that should settle the matter. i would like to hear from Michelle Arnold what she could live with until such time as the court renders a decision, arld what she would like to see. And Michelle, could you tell us what you could live with in that situation? MS. ARNOLD: Well, I concur with Ms. Dusek, that there seems to be some confusion as represented by the Attorney Kowalski with respect to who owns what property. And it would be difficult, ii that's a question for us to direct one of the respondents to obtain permits or obtain variances or whatever we -- whatever we feel the remedy may be to clarify the iSSL~e of the structure. PaGe ~5 March 25, 1999 So if the board wishes to postpone a decision on this matter until the circuit court has made their ruling, I wouldn't have any objection to that. CHAIR~UkN FLEGAL: I'm remembering back, sir, to last month, and Mr. McFall? MR. KORN: Correct, the attorney in the litigation. CHAIR ~YuXN FLEGAL: He's the attorney for the title company, I believe. MR. KORN: That's correct. Well, he represents Mr. Martin. CHAIRM~ZN FLEGAL: Okay, but he's from the -- hired by the title company. And one of the things through depositions, and it's in the minutes that he spoke about was, there was never a question about ownership of the property. Now we hear that we're waiting for the court to decide ownership of the property? What's changed in a month? MR. KORN: Well, Mr. Flegal, that's what was confusing me today, and why I felt compelled to stand up here again to inform the court of my understanding of the lawsuit and what Mr. Lester testified to. Mr. Kowalski is in the litigation, I am not. But before the board, we have filed copies of the pleadings, they're in the file. In that, the complaint was filed by Mr. Lester against the Horvaths and Mr. Martin, after Mr. Martin purchased the property. The claim in the lawsuit is breach of contract that the Horvaths should have sold it to Mr. Lester, that he had a contract with them and they should have gone through and sold it. Amd that there's a fraud count that the Horvaths fraudulently induced it. The Horvaths have since gone out of the lawsuit. They have settled with Mr. Martin. There's not in. There were some other claims remaining there against Mr. Martin which was for ejectment. And it looks like they're trying to say he unlawfully took some property. I'm not sure what property they're claiming. It might relate to the structure. There was some claim about conversion, as you recall, that he cleaned out the place, and therefore, when he disposed of this junk, which he called junk, it was Mr. Lester's, housed in this structure. I don't see a quiet title action, I don't see other causes of action to determine by the declaratory judgment who owns the property. However, I must -- I would have to confer with Mr. Kowalski, but according to the pleadings, there may be an issue as to boundary line or ownership to determine these other causes of action relating to what was done with the particular structure. And quite disturbing was the testimony of Mr. Lester. And i have to object to that. that's not even relevant here. And as the board will recall, Mr. Martin testified before the board, i think you can judge his credibility on his demeanor. And I also would bring to the board's attention that all this -- we'll call them debris -- around the structure, Mr. Martin tried to get Mr. Lester to remove, it's my understanding. He sent certified letters to try and get this stuff removed. Nothing was done. And so, Mr. Delaney's concern, he removed that debris. This was before this whole proceeding. There was more debris out there. For some reason, people kept dumping debris. It was Mr. Martin's allegation that it comes from Mr. Lester's property, because there's only way through that barn, unless you go over this dirt path, and that's to Mr. Lester's property. Consistent with the board's request, Mr. Martin again cleaned up Page 16 the property at a considerable expense, as you'll recall, and has kept it clean. I have no problems stipulating to Mr. Kowalski's request that this be dismissed obviously with prejudice or without prejudice. I don't have a problem with that. But I still have never seen a survey from the camp of the Lesters or KBG -- whatever they're called -- relating to that -- this particular structure is somehow on Mr. Lester's property. I've never seen that. What we have seen is a site plan that showed this particular structure on his property and which the county approved. we have seen, and what's in your file, is that one -- I guess a survey or a site plan by Agnoli-Barber which the county attached to the notice. And that demonstrated an approximate five percent encroachment of the structure over into Mr. Lester's property. And I think that was one of the issues before this board, if this structure is -- whether it's five percent or three percent or two percent on someone else's property, how do you issue an order to just Mr. Martin? Or Mr. Lester. MS. LOUVIERE: Thank you so much. We understand where you're coming from. I just -- I'm always so reluctant to get involved in other people's dog fights. MR. KOR/q: Well, Mr. Martin is -- MS. LOUVIERE: You have a lot of issues there, and I really -- I am of the opinion that, you know, you guys want to go to court with this and present all these arguments and, you know, go to litigation on this matter. I really don't think it has to be taken to that point, but that's just Mireya's opinion. And Mr. Lester and Mr. Martin will have to, you know, decide that if you guys want to follow through and actually go to docket on this. MR. KORN: Well, that's why I was stipulating for the board. We would agree to some order that allows the structure to be removed, if Mr. Lester agrees to that. We would agree to the board's order that a portion of that structure be removed. MS. LOUVIERE: I think you have -- I think that, you know, you guys either need to sit down and talk this out as to -- and maybe you can share the cost of the survey to acsually ascertain ownership. I -- you know, we could do this, but why should Collier County spend the funds? We don't have a health or welfare issue there. What we really have is -- I mean, the debris has been picked up. What we have is really a non -- according to Collier County, we have a structure that doesn't have the proper permits, okay, according to what has been represented to us. So if you are disputing that and if you're getting into ownership issues, and if the two owners, supposedly owners or defendants, or people that are arguing this case, want to go to court, then you should do so, by all means. ! really do not feel that we can act on this at this time. MR. KORN: Well, we would agree to let this be deferred to the legal system -- MS. LOUVIERE: Okay, go to court -- MR. KORN: -- and the civil action. MS. LO[~IERE: -- spend your money. Have fun. CHAIRMAN FLEGAL: Mr. Kowalski, I know Ms. Rawson asked you, have you any possible court date in sight? I mean, is this in this year, in this century, or what are we doing? MR. KOWALSKI: This millennium. Pa~e 17 MS. RAWSON: Or do you have a mediation set? MR. KOWALSKI: You know what I -- thank you, Ms. Rawson. I would invite the board to, if I'm not overstepping my bounds, to make a motion that dismisses the charges without prejudice to bring it back, subject to either of the parties moving for mediation in the circuit case -- circuit court case. That would give us an instruction and I think would set a good tone for mediation that, you know, neither side blinked, we were ordered to do this to get some of these collateral problems resolved. A~nd mediation, as Ms. Rawson can certainly confirm, can be set up in a relatively short period of time. 30 days would be typical. And statistically, mediation resolves a majority of the cases. And if the case is not resolved at mediation, then I think that one or the other of the parties is likely to file what's called a notice for trial, and we would be looking at trying the case right around the cusp of the millennium. MR. LEHMANN: Mr. Kowalski, would you please define for us the legal term with prejudice and without prejudice? MR. KOWALSKI: Yes, sir. With prejudice means that you would never be able to revisit these issues again. It's done. And if you don't take any -- give us direction or take punitive action, you are precluded ever from doing so. I'm not asking to you do that. I'm suggesting that if you do it without prejudice, that means that there's no double jeopardy claim we can make. We are acknowledging that you can bring these issues up again when they are ripe, which means when they are timely. CHAIRMAN FLEGAL: Ms. Rawson, I have a question for you. If we would in fact dismiss this and wait for the court to make a decision and the county brought it back to us, in other words, filed the violation again, for lack of a better way to put it, would that be a quote, unquote, repeat violation? MS. RAWSON: Well, here's the thing. I'm not sure you need to dismiss it. I think you can just postpone it. There's no sense making staff have [o go through all this work again. There is a violation. There is a barn out there wi5hout a permit. The issues that have to be decided by the circuit court, as I understand it from the respective counsel here, there may be a boundary line dispute as to who really is in violation. Maybe they both are. But that's really not your province to decide. Your province ~o decide is, is there a violation. And if there is a violation, then what do we do to rectify that violation? So I don't believe you need to dismiss it. I think that, you know. they can put it on your docket for -- if they -- if we give them strong -- if the board lets the parties know you believe they should move toward mediation immediately, I believe you can put it back on the docket for a couple of months from now and we can get a status report. CHAIRMA/q FLEGAL: That was going to be my next question. If we postpone it, say, for 60 days, in doing that, at the same time can we, as you say, strongly suggest that they look into mediating this problem? MS. P~AWSON: Correct. CHAIRM/LN FLEGAL: Okay, thank you. MR. DELANEY: Mr. Chairman, I'd like to just extend that a little bit. Insofar as how far we postpone it, courts move so slow, et cetera, et cetera, so 60 days may not be enough. But what I'm kind of Page 18 interested in, what sort of mechanism could we instigate that the burden be placed on the defendants to notify us, rather than the county having to chase them, if they have a solution or resolve their differences? Can we incorporate a mechanism where they provide us with what has happened, rather than us having to chase them? MS. RAWSON: Well, I see what you're saying, and that has already passed through my mind, too. But you have to realize that the authority of this board is limited -- MR. DELANEY: I understand that. MS. RAWSON: -- to ascertain whether or not there is a violation and then what to do about it. And we're not that far yet. MR. DELDJWEY: I understand. MS. RAWSON: I think that if you as a board let the respective counsel here know that you expect them to have mediation in the next 60 days, and to come back in 60 days with results of that mediation, or mediated agreement or failed -- failure thereof, I do believe that in good faith they will do that. And you can certainly take that into consideration in your next deliberations if they haven't done it. MS. LOUVIERE: We're ready, I think. MR. KOWALSKI: I would simply say that Ms. Rawson would probably not object to my suggesting that even if you can't impose that duty on us, we would voluntarily assume it. And we will tell you, we will agree to provide you a status update after the mediation has been concluded. CHAIRMAN FLEGAL: We have a lot of other cases, and I think most of us are geared in the same track that dismissal is probably not it. We're I think postponing it and doing something else. Mireya, I believe, has a recommendation. MS. LOUVIERE: I'd like to make a motion, if I may. i make a motion to continue case 98-020. Do I have the right case number? I think so. MS. ARNOLD: Yes. MS. LOUVIERE: And strongly suggest to Mr. Martin and Mr. Lester to go to mediation on this matter. And we are to revisit this case in 90 days. So we're going to ask staff to come back to us and give us a report on what's going on. MS, SAUNDERS: Second. CHAIRMA/q FLEGAL: We have a motion and a second to postpone for 90 days, with a strong recommendation that the parties seek mediation. Any comments? All those in favor of the motion, signify by saying aye. Any opposed? (No response.) CHAIRMAN FLEGAL: Thank you. 90 days, gentlemen, please. MS. LOUVIERE: That's plenty of time. CHAIRM3kN FLEGAL: 98-022. MS. ARNOLD: This is case number 98-022. This case was presented to the board on February 25th. The respondent was present at that public hearing and testimony was provided by both the respondent and staff. The board at that hearing chose not to do an order but continue the case to this hearing, hoping for a progress on the property cleanup. The investigator visited the site both on Tuesday and Wednesday of this week. That's the 23rd and -- I'm sorry, 23rd and -- I'm sorry, 22nd and 23rd, which was Monday and Tuesday -- or Tuesday and Page 19 March 25, 1 ' ' ~ Wednesday, and found that the violation still remained. There were vehicles on the property that were unlicensed. There was construction debris that remained on the property. I have photographs taken on those days. And because our copier wasn't functioning, I'm going to just put them on the machine so that you all can see those photographs. CHAIRMAN FLEGAL: I notice Mr. Nesmith is here. MS. ARNOLD: Yes, he is. Mr. Nesmith, would you come forward, please? MR. LEHMA/~: Ms. Arnold, what is the date again on those photographs? MS. ARNOLD: The photographs on the monitor were taken on the 23rd. That's 3-23. MR. LEHMANN: Thank you. CHAIRMAN FLEGAL: Swear. (Mr. Nesmith was duly sworn.) CHAIRMAN FLEGAL: I have a question for you, sir. I remember when we talked last month -- MR. NESMITH: Yes, sir. CHAIRMAN FLEGAL: -- you told me you were removing all this and you would have it gone the next day. MR. NESMITH: I got most of it gone. About 90 percent of it's gone. CHAIRMA2~ FLEGAL: You had 80 percent of it gone at the last meeting and that was a month ago. MR. NESMITH: Yes. But see, I was told if I got the tags and stuff, I wouldn't have to move them. Are you telling me I have to move the trucks too? CHAIRMAN FLEGAL: As I remember the ordinance that you're in violation of, you could keep the vehicles, I think it was behind the house, as long as they had a -- some type of a structure around them, a fence. Or we read that you could have hedges and that type of thing. But what I'm seeing on these pictures, there's still the construction debris that you had out there plus the vehicles. MR. NESMITH: No, most of the construction debris is gone. It's just the vehicles and a few items there. But most of the construction things were gone out there. CHAIRMAN FLEGAL: Michelle, would you -- right now you're showing a far shot of some -- looks like trucks. The one above it looks like a bunch of something. Okay, there we have a cement mix -- two cement mixing machines, a wheelbarrow and possibly a third cement mixing machine. MS. ARNOLD: The investigator can testify as to what was removed or what remains on the property, if you'd like to hear ~hat. MR. SOLDANO: Mr. Chairman, ladies and gentlemen, good morning. CHAIRMAN FLEGAL: One moment. (Mr. Soldano was duly sworn.) MR. SOLD~O: My name is A1 Soldano. I'm an investigator with Collier County Code Enforcement. i visited the property yesterday and the day before yesterday. For the new members who are not aware of the problem out there, it was basically for commercial vehicles, commercial equipment, commercial supplies, litter, trash, unlicensed vehicles and commercial business in a residential area. This case was initiated a year ago, and we con[erred with Mr. Nesmith on many occasions. He came to our office on several Page 20 March 25,' '1999 occasions, and we explained to him all the violations. He was told what he had to do. As of the last meeting, Mr. Nesmith testified that he had all the proper tags for the vehicles and the vehicles were operable. He also testified that he began cleaning the property on a Monday, the week the board meeting, prior to the meeting. As of yesterday and the day before yesterday, as the photos show, the vehicles do not have any tags on them, tile ones that I took pictures of. And a lot of the construction material, the construction equipment, the commercial vehicles, the litter, the trash, auto parts, truck parts and unlicensed vehicles still remain. CHAIRMAN FLEGAL: Sam, could you -- since I don't have it in front of me, could you give me the sections again of the ordinance that he's in violation of? MS. LOUVIERE: I can read that for you. It's violations of sections 1.5.6 and 2.1.15, 2.6.7.1.1 and 2.6.7.3.1 of Ordinance No. 91-102. It's amended, the Collier County Land Development Code and Ordinance No. 91-47, section six, seven and eight of Collier County Weed and Litter Ordinance. Basically his violation is commercial vehicles, commercial equipment, construction materials, concrete products, machinery, vehicles without current license tags, litter to consist of but not be limited to wood, metal, plastic, styrofoam, paper, and vehicles in disrepair, all stored on residentially zoned property. CHAIRMAN FLEGAL: Okay, thank you. MS. LOUVIERE: You're welcome. CHAIRMAN FLEGAL: Any board members have any questions? MS. LOUVIERE: I'm very prepared to act on this case. I think that we tried very hard last time to work with -- sir, could you say your name for the record one more time? MR. NESMITH: Arthur Nesmith. MS. LOUVIERE: Okay. And your mother, Virginia -- is your mother Virginia Nesmith? MR. NESMITH: Nesmith. MS. LOUVIERE: Nesmith. Thank you, sir. We tried very hard last time to give this person adequate time to go ahead and abate this situation, and it's apparent that he has done nothing. I am of the opinion that we should fine him in violation and start the fine -- give him some minimal time to start to correct the violation, and then proceed with fining him. MS. ARNOLD: May I, before the board proceeds? We need to clari[y that Mr. Nesmith is the representative for Mrs. Nesmith, because she is in fact the property owner. MS. LO~UIERE: Exactly. Thank you. Are you acting on behalf, sir, of your mother? MR. NESMITH: Yes, ma'am. MS. LOLrv'IERE: And you can speak for your mother -- MR. NESMITH: Yes, ma'am. MS. LO~UIERE: -- in this matter? MR. DEL~EY: Mr. Chairmau, I'm going to agree with my fellow board member. I hate to see this happen because MS. LOUVIERE: I do, MR. DELANEY: -- I agree, I thought we had a deal going. understand that your mother's owned the property since 25 years or something of that nature. And it was good 25 years ago. You could get a piece of property, it was an outlying area and you could live on Page 21 March 25, 1 -9 ; ~ " it. That's fine. But progress has moved in, Mr. Nesmith, and you know and I know it's valuable property now, and the neighbors are not going to put up with it, and neither are we. I wish -- I hate to see this $100 a day fine being impressed, but I'm going to vote for it because I don't -- I just think it's not necessary. That's progress. You're living in an area where the property has skyrocketed. It's very valuable. The pressure is going to be on us and we're going to put it on you. There's no reason that we should be here. But I -- Mr. Chairman, I'm going to vote -- make a motion that we impose a fine of $100 a day. I don't see what more we can do. We might could do something about it if the property's cleared up or you've showed good faith in moving it. I hate to see it, because I know where you're coming from. But that's just the nature of progress. It's moving out there and the people are putting pressure, and we have to live with this. I wish you could tell me that you'll get it cleaned up and out of there and this will be a thing of the past. But until then, I don't know what else to do. MR. PONTE: Mr. Delaney, I would -- you know, I agree with you, but I think the fine that you have suggested is quite lenient in view of the length of the case and the repeated intentions stated that it would be cleared up and nothing being done. So I would recommend a fine higher than the $100 that the staff has recommended. MS. LOUVIERE: What would your fine be, then? What would you suggest or recommend? MR. PONTE: My suggestion is that he be given 72 hours to clean up the property or be fined $200 per day. MS. LOUVIERE: Sounds good to me. Do you want to put that in the -- do you want to do the findings of facts and conclusions of law? Do we have to go to that? I always forget. CHAIRMA~N FLEGAL: Yes, unfortunately. MS. LOUVIERE: Should we make the motion and then go -- I just thought we'd go right to the findings of facts, conclusions of law and order of the board. Is that correct, Jean? MS. ~AWSON: That's correct. MS. LOUVIERE: Okay, thank you. MS. RAWSON: You should first of all find if a violation exists, and then go to what your recommendation is. MS. LOUVIERE: Ail right. CHAIRMJtN FLEGAL: I would think it's a consensus of the board that the violation does in fact exist; am I correct? MS. LOUVIERE: Yes. MR. PONTE: Yes. MS. DUSEK: Yes. CHAIRMAN FLEGAL: Is that sufficient, Jean? MS. P~WSON: That's sufficient, but obviously in your vote, you need to say that you're making a motion that the violation exists and then what you're going to do about it, so that we on record have voted that there's a violation. MS. LOUVIERE: I make a motion that we find Virginia Nesmith in violation of the sections that are provided in our CEB packet 98-022, and proceed accordingly. And that would be listed in the findings of facts and conclusions of law and order of the board. MR. LEHMANN: Second that motion. CHAIRMA/W FLEGAI~: We have a motion and a second. Any question? Page 22 March 25, 1999 Ail those in favor of the motion? Any opposed? /No response./ CHAIRMPuN FLEGAL~ Thank MS. LOUVIERE~ Who wants to do it? CHAIRMAN FLEGAL~ Do you have ~t written out? MR. PONTE: You've got the numbers. MS. LOb-VIERE: Okay, I'll give it a shot, and if I make any errors, please step right up. These are hard to do. The Board of County Commissioners of Collier County Florida, versus Virginia Nesmith~ Respondent. Findings of fact, conclusions of law and order of the board. This cause came on for public hearing before the board on March 25th, 1999, and the board, having heard testimony under oath, received evidence and heard arguments respected to all appropriate matters. Thereupon, issues of findings of facts, conclusions of law and order o[ the board as follows: Findings of facts~ That Virginia Smith (sic) is the owner of the record of the subject property~ that the Code Enforcement Board has jurisdiction of the person of the respondent~ and that Virginia Smith (sic) was not present at the public hearing, but her representative and if you could please say your name, sir. MR. NESMITH: Arthur Nesmith. MS. LOUVIERE~ Okay, if you could get that for the record. -- was present and spoke on her behalf~ that all notices required by Collier County Ordinance 92-80 have been properly issued; that the real property legally described as 6633 Yarberry Lane, Naples, Florida, is in violation of the sections -- and would you like for me to list the sections, or can we just use the packet? It's up to you. I'll read. -- in violation of sections 1.5.6, 2.1.15, 2.6.7.1.1. and 2.6.7.3.1 of Ordinance No. 91-102, as amended, the Collier County Land Development Code, and ordinance 91-47, section si>[, seven and eight of the Collier County Weed, Litter and Exotic Ordinance. It is and it's further described the violations as in our packet, description of violations, the commercial vehicles, the equipment, the construction materials, your products, your machines, all -- just your debris that you have on the site. And I would like to include the CEB No. 98-00 sic) description into our order, finding of facts. Conclusion of [aw: That you are in --- thau r,ls Virginia Smith (sic) is in violation of the above referenced sections of the Collier County Ordinance 91-102, and iE is the order of the board, based upon the foregoing findings of facts and conclusions of law, and pursuant to the authority granted in Chapter 162 Florida statutes, and Collier County Ordinance 92-80, it is hereby ordered that the respondents correct the violations of the above referenced sections -- and I've already said those sections -- that said corrections be completed within a 72-hour period. If the responden~ does not comDl? with th~s order on or before those 72 hours, sir, ~he~: in that event responden% is hereby ordered to pay a fine of $200 per da}, for each and every day any violation described herein continues past said date. Did you understand that, sir? MR. NESMiTH: Yes. MS. LO[~IERE: Thank you. Page 23 March 25, Failure to comply with the order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Florida statutes, which may be foreclosed and respondent's property sold to enforce the lien. Done and ordered this -- I believe today's the 25th day of March, 1999, Collier County, Florida. MS. SAUNDERS: May i add one amend? MS. LOU%;IERE: Please, please. Orders are very hard to word correctly, so if you could help me, I'd like that. MS. SALrNDERS: I would like to amend that motion that the staff be granted the authority to contract the removal of any trash and litter on the subject property and to assess that cost to the respondent as well. MS. LOUVIERE: I'm always a little reluctant to go to that extent. I like to give him his 72 hours, and if he doesn't, then obviously staff always comes back to us and says we need to clean it up. MR. DELA_NEY: Mireya, I'd like to see this work in absolute -- is 72 hours, is that enough? MR. PONTE: It's three days. MS. LOUVIERE: I think 72 hours is more than enough, because he's had lots of time, and we have worked very diligently with Mr. Nesmith to go ahead and resolve this issue. MS. SAUNDERS: And staff recommended 24 hours. MS. LOU¥IERE: Right, so -- MS. SAUNDERS: That's always important to note. CHAIRFtAN FLEGAL: As to the amendment that's recommended, any comments? MR. PONTE: I think I'll just stand. As I've already said, the amendment isn't necessary, that the MR. LEHMAlfN: I agree with him, it should stand. CHAIRttAN FLEGAL: You're against the amendment, and you're for the amendment. MR. LEHMaLN-N: That's right. MS. LOUVIERE: Okay, should we vote on the amended CHAIRMuA/q FLEGAL: Yes, let's have a -- we have an amendment put forth to Mireya's motion. All those in favor of the amendment which gives the staff the right to go in and clean up the area [f the petitioner does not, and the cost be associated to the petitioner, all those in favor of said amendment MR. PONTE: Before we vote on that, let's jus~ consider amending the suggestion, that if the purpose of the amendment is to get the staff involved, the amendment ought to include some wordace as to when they can send in the contractors to take charge and t:ake over, sc that if it's not done within 72 days CHAiRMaZN FLEGAL: Hours. MR. PONTE: I mean '?2 hours, I'm sorry. Not done within the three days, that then the staff can find a contractor to clean it. up. MS. A}%NOLD: That's exactly how we would proceed. We would wait afEer the time allowed by the board before we would begin any contract -- or have a contractor in our on the property. May I also -- MR. PONTE: I guess, Michelle, what I'm asking you is %~hat you'd not have to come back to the board like at the next meeting for you to report that it hadn't been done, and 5o then ask thai you go ahead and Page 24 March 25, 1999 clear it up. That should be done all right now. MS. ARNOLD: Okay. MS. DUSEK: Michelle, is this the usual procedure, if the property is not cleared within the time that we give, that you would automatically go in and -- MS. ARNOLD: Only when the board grants us that ability do we do that. I would just add, or for clarification, the vehicle -- we would be just removing those items that are considered trash and litter. Anything of value we would not be removing those items. So the vehicles would probably -- MR. PONTE: What are the vehicles that are loaded. MS. ARNOLD: Excuse me? MR. PONTE: I mean, the photos show several vehicles seem loaded and ready to move. Would we unload those vehicles? MS. ARNOLD: I think we would have to look at whether or not those vehicles are operable. MR. PONTE: If they were tagged, what would that situation be versus untagged vehicles? MS. A~RNOLD: We would be only looking at the untagged vehicles which are in violation and whether or not they're operable. MR. PONTE: Okay. MS. LOUVIERE: So we have a motion and an amended motion. MS. SAUNDERS: You want to vote on the amendment first? MR. PONTE: Yeah. Just reword it and put in some words that put a timetable as to when the -- when staff can ¢,perate. MS. SAUNDERS: Okay. MR. DELANEY: I like the idea that the staff has some discretion as to if it's being proceeded or something, accident that could happen or sickness or something, that at their discretion they have a leeway to grant him a day or two. MS. SAUNDERS: I think that's what we're saying, is that staff be granted the authority to contract for the removal MR. DELANEY: Good. MS. SAUNDERS: -- after the 72-hour period is up. MS. LOUVIERE: You have 72 hours to start cleaning it up. If not, then staff can come in -- fines will kick in and ti%eh staff can come in and help you clean it up if you don't do it, sir. CHAIRMAN FLEGAL: Everybody satisfied with the amendment? No problems? Terrific. MS. LOUVIERE: Good. CHAIRMAN FLEGAL: So we have a motion with an amendment that's acceptable. Do I hear a second to the motion and its amendment? MR. PONTE: I'll second the motion. MR. LEHMANN: I'll second it. CHAIRMlLN FLEGAL: All right. All those in favor signify by saying aye. Any opposed? (No response.) CHAIR~UIN FLEGAL: Thank you, Mr. Nesmith. Again sir, please clean it up. MR. DELANEY: Mr. Nesmith, please, do us a favor MS. LOUVIERE: It's going to cost you money, sir. MS. RAWSON: Before we leave this particular cause, could you tell me, at the last hearing did you introduce into evidence the packet? Yes. Thank you. Page 25 Ma,'ch 25, 1~9~\ MS. ARNOLD: ] believe we did. MS. RAWSON: The court reporter said yes. Thank you MS. SAUNDERS: Mr. Chairman, I have a question of Ms Rawson, because I notice we're doing some things differently than we did on the south board. And if it's okay to do it the way we did it on the south board, it would speed up the process dramatically. We never had to read any of that. What normally we would do is say okay, I'm making a motion that we basically give them 48 hours to clean up the property and the staff to come in after that. And then it was counsel's problem to put the legalese there. And it saved us a whole lot of reading and legal terms and conditions. Is that acceptable, Ms. Rawson? MS. RAWSON: Well, obviously I'm going to write tile order. And then these ladies always review my orders before t.hey get to the chair to sign anyway. I don't have any problem with that, as long as you are very careful that you say all of the right things in your motion. That is, you needs to cite -- find a violation, need to cite what ordinance has been violated, and then be very specific about what is going to happen if they don't correct the violation. And if you do tl~at and you make your motions very clear, I don't care whether you read that or not, because obviously I'll write the orders. MS. SAbZNDERS Thank you. MS. LOUVIERE Of course, I just want to say that I was taught by I think tile best, and that was when Jean was running ~,ur board, she used to read them MS. RAWSON: Thank you. MS. LOUVIERE You're welcome. You were very thorough. I learned a lot. CHAIRM~U~ FLEGAL: I think it's been passed to us that based on the ordinance itself which says that, you know, wh.?.n we issue these, that we're supposed to state some specific thing -- MS. LOUA;IERE: Some specific thing. CHAIRM3%N FLEGAL: -- and according to the ordinance, and that's what we've always tried to do. MS. RAWSON: Well, that's true. And if you fail ~o put that on the record, for me to put findings of fact in there that you didn't make - - CHAIRMAN FLEGAL: Correct. MS. RAWSON: -- would be incorrect. CHAIRMAN FLEGAL: Correct. MS. RAWSON: So when I said, you know, you don't have to read all that, you still have to say all of that in 'four motion. MR. PONTE: I think the most prudent thing to do .is to continue with the form. C}{AIRMAN FLEGA[,: Yeah, as chairman, I would :ecommend to the board that we continue the way we're doing; tha~. way it precludes errors and a chance for somebody to come back on us. It's not that difficult. MS. LOUVIERE: We get specifically what we wan~: on those orders. MR. LEHFJuNN: Mr. Chairman? CHAIRF~ FLEGAL: Yes, sir. MR. LEHMA~NN: }{ave these photographs been ente~ed into evidence? CHAIRMAN FLEGAL: Well, that's today's. MR. LEHMA_NN: Do we want to do that fo]- the record? CHAIRMA~N FLEGAI.,: Yeah, I think we should. Is ]t I$oo late to do Page March 25, 1999 that, Jean? MS. RAWSON: No, I think it's a good idea. CHAIRMAN FLEGAL: Okay. MS. ARNOLD: We'd like to enter in those photographs, but the respondent's not here to say -- MS. LOUVIERE: To say yea or nay to it. Then I think you better stay away from it. MS. ARNOLD: That would be Composite Exhibit B. Because the first one was previously entered as A. MS. LOUVIERE: Note that the respondent did not observe those, because he had left. CHAIRMAN FLEGAL: He saw them on the monitor. MS. LOUVIERE: Oh, he saw them on the monitor, thank you. CHAIRMAN FLEGAL: 99-026. Does anybody need a small break? Okay, let's take five minutes. (Recess.) CHAIRMAN FLEGAL: All right, Ladies and Gentlemen, if we're all ready. Oh, Jean's not back. All right, we're back in session. 99-026. MR. MANALICH: Good morning, Mr. Chairman -- CHAIRMAN FLEGAL: Yes, sir. MR. MANALICH: -- members of the board. MS. CRUZ: May I initiate, please? For the record, Maria Cruz, code enforcement official. The case -- the next case is the Board of County Commissioners versus Homer Betancourt, case number 99-026. And the following two cases are all -- all three of them include the same owner, same type of violation. The actions taking -- [he investigation actions were all done at the -- approximately the same time. And we would like to ask the board if they're willing to consider hearing these three cases collectively. MS. LOUVIERE: Those three cases, 99-026, 027 and 028, correct? MS. CRUZ: Right. CHAIRM;uN FLEGAL: I don't have a problem with hearing them altogether, although I would recommend to my fellow board members any order we issue, we issue -- MS. CRUZ: Separate. CHAIRMAN FLEGAL: -- individually -- MS. ARNOLD: Correct. CHAIRMAN FLEGAL: -- to each action. MS. CRUZ: Correct. CHAIRM~4 FLEGAL: That's fine. MR. SPILLER: I'm John Spiller on behalf of the respondents in this case. CHAIRM/LN FLEGAL: Okay. One moment, sir. MS. LO[/VIERE: I do want to go on the record saying something, that Mr. Spiller, I -- everybody knows that I'm the executive director of the Immokalee Chamber of Commerce. Mr. Spiller sits on my board. I always tell everyone, just so everyone's very aware, I do not have any problem or any con[lict listening to this case. I don't know anything about it. He's just acting as an attorney, and I'm ac~ing as a code board member. (Speakers were duly sworn.) CHAIRMAN FLEGAL: Your name, sir? MR. SPILLER: John Spiller, on behalf of the Betancourts. And Page 27 March CHAIRf~N FLEGAL: One moment, sir. And your name again, sir? MR. MANALICH: Ramiro Manalich, chief assistant county attorney, representing code enforcement staff. CHAIRMAN FLEGAL: Okay. MR. SPILLER: On the motion to consolidate, for purposes of this hearing, I certainly have no objection. I'd also advise the court -- the board that the next case on your hearing docket will be the subject of my same comments, so if we wanted to bring that up at the same time, I would appreciate it. And that would be the one involving Juan and Veronica Barnhart. On the material that I was provided, it was identified as case no. 98-030. I think that's a typographical error, and it's actually 99-030. MS. CRUZ: That's correct. MR. SPILLER: I'm here on motions to continue each of those cases for the same reason. CHAIRMAN FLEGAL: No, we'll hold that one separately, since the Betancourts are to the Betancourts, we're going to separate them from the Barnharts, because it's two different -- MS. LOUVIERE: Owners. CHAIRMJtN FLEGAL: -- people owners. We don't mind moving the Betancourts together, because it is in fact the same ownership. For that reason, they'll be together And if you'll wait, sir, we 11 have the county go first. MR. MANALICH: Mr. Chairman perhaps at this point I would just point out that in conferring with code enforcement staff, they are opposed to the motion to continue filed by Mr. Spiller as of I believe yesterday's date or today's date. Perhaps you want to hear his grounds for this motion and we can respond. CHAIRMAN FLEGAL: Okay. Mr. Spiller. MR. SPILLER: Two matters. First I -- and I apolosize for this. I was under the impression this would be a pro forma motion and as a consequence, the Betancourts are not here. Mrs. Betancourt is a school teacher in Immokalee and she's the one who manages the property, even though it's titled, two segments of it, in her father's -- in her husband's name and one segment of it in the husband and wife's name. The underlying reason, though, for the continuance begins with a history of the trailer park. The Betancourts purchased this trailer park in the mid Eighties -- excuse me, the early Eighties, and they have operated it in its current condition for an extended time period. And last farming season, three of the tenants who rented trailers from the Betancourts approached them and sought their permission to take the rental trailer parks ~- trailers, excuse me -~ that were owned by the Betancourts off, and replace the Betancourt trailers with trailers that were being purchased by the tenants from the Federal Emergency Management Agency. The Betancourts agreed to do that, even though it was going to cost them a substantial loss of income for rental. They had been charging on a seasonal rate $450 per month, or approximately $450 per month, for each of those three trailers, and they agreed to allow those tenants to substitute tenant owned trailers and reduce the lot rents $150 per month. The Betancourts stipulated, though, that in doing so, that the tenants would be responsible for obtaining necessary permits for siting those trailers upon the lots that they would be renting from the Betancourt trailer park. And that work was allowed to be Page 28 March 25, 1 9 conducted. So the Betancourt trailers were removed and properly disposed of, and the tenants purchased from the Fort Myers dealer who was handling the sale of those surplus trailers from the federal agency three trailers. They were brought in and sited onto the lots that had been previously rented with trailers from the Betancourts by the tenants, and the resulting discussions with county staff began at that point. Mr. Santini (sic) has observed the siting of the trailers. There may have been one or two disputes as to the manner in whict~ the utilities were connected. I think it was the electrical p~wer. But the notices of the violation were issued by him. And upon receipt of those by the Betancourts, I immediately contacted the county attorney's staff and suggested that we sit down and discuss the economic and social issues that would be involved if the property owners were required to comply with the permitting process that was being sought from them. We had two meetings. First the Betancourts and also the -- Ms. Barnhart participated in a meeting -- participated in at the county attorney's office by the county attorney staff. And that was in the -- as I recall, December of '98. We then had a follow-up meeting with the county staff, code enforcement, as well as zoning and engineering, as I recall, with the county attorney's representatives also in January of this year. From that meeting, we didn't reach a decision -- an agreement, excuse me as to a cessation or a termination of our problem. Rather, it was recognized that our relief that we would be seeking would have to come from the Board of County Commissioners. And the relief that we seek simply is to be relieved from the responsibility of these two trailer parks, of going through the very expensive and, therefore, uneconomical process of doing site development plan approval prior to being able to obtain permits for re-siting of these trailers. The owners have certainly indicated a willingness and a desire to obtain permits for the siting of these three trailers that have been brought in, either out of their own funds or to assist their tenants in paying the cost of it, so that the county can be properly assured that the trailers are properly connected, utilities properly tied down, and all the safety issues that would be involved in that are accomplished. But the prerequisite of obtaining those permits, according to the county staff when the Betancourts went down to apply for them was in the process of submitting a site develop~nent plan. The Betancourts contacted the Wilkison Engineering firm here in Naples and have been advised that the total minimum cost for that site development plan is $15,000. As a consequence, it cannot be done economically. If that were to occur, the Betancourt operated trailer park would either have to cease operation or terminate the tenants who now have purchased trailers but would no longer be able to rent a lot from the Betancourts to be able to occupy them. If the Betancourts will undertake that expense, it would reduce their profit down to virtually zero level for several years, if not, more than several years. And as a consequence, they economically would not be able to do the process. In our January meeting with the county staff, it was agreed upon instead of the site development plan process that we would drop back Page 29 March 25, 99~ ~ ' [ to perhaps a lesser process called site improvement plan approval. In speaking with the engineers who are doing this work for the Betancourts, I was advised that that would shave off several thousand dollars but no more than that of the total cost to the Betancourts in doing the process. So we dropped down from approximately 15,000 to maybe $13,000 cost to the Betancourts to obtain these site improvement plan approvals. The county staff's explanation to me, and there may be others to go with this beyond what was explained to me as the reason for the site improvement plan, is to have in the county files a platted surveyed plat of the lots so that they can be a determination that the lots that the trailers' on meet minimal sizing requirements. I suggested as an alternative just a physical examination, a walk-through, and maybe a measuring stick type measurement of the lots to assure that that would occur, and that was rejected. They needed to have something in the form of an engineering drawing. And that would come about either through site improvement plan or site development plan. That is a part of the major cost to the Betancourts of accomplishing either of those two plan approvals as the survey. In the Setancourt situation, we have a slight variation that I'll present to you later from the Barnhart case that will follow. When the Betancourts began the process, the practical effect of the site improvement or site development plan, the surveyor Wilkison advised them that there was a possible boundary dispute between them and an adjoining neighbor. The previous owners to the one side of the Betancourts, where the last name is Howell, Mrs. Howell's brother, Kenny Kemp, purchased that property from the Howells. Kenny Kemp put a fence in that intruded upon the Betancourt property, and we now have a boundary dispute as to which is the owner of an approximately 20-foot by 200-foot stretch on the boundaries of the Betancourt trailer park. The surveyor advises that it is necessary to have that 20-foot included in the Betancourt -- 20 by 200 -- included in the Betancourt property in order for the existing trailers and the existing visual lines of the lot to meet the minimum lot requirements. Without that 20-foot by 200-foot, then some of those lots will not meet the minimum siting requirements, and there would have to be an alteration of the entire form of the Betancourt property. MS. ARNOLD: Can ! interrupt? I think we need to -~ because some of the information that he's providing is testimony, and I believe what he's asking for is a continuance based on certain facts, and we have no information as to some of the information he's giving tc the board at this point about boundaries and adjacent property owners. CHAIRMAN FLEGAL: I understand that. MS. ARNOLD: I think what's being discussed at Ehis point, because we haven't entered any of the information into evidence, is simply why the board should continue this case to a later date. MR. SPILLER: And that's -- I was giving the board the background as to the basis for my continuance ~- motion for continuance. The core of the problem is the uneconomic to the property owners' obligation for either a site development or site improvement plan. And we have attached to our ~notion to continue and provided to the county attorney, as well as Ms. Rawson, the letter that I intended to deliver before the meeting began this morning, but I didn't know what my position on the agenda was, so I'll be going upstairs here rather shortly to deliver to the county administrator a request to be placed Page 30 March 2 5, upon the April 13th docket of the Board of County Commissioners so that we can begin the process of seeking legislative relief from the obligation of obtaining site development or site improvement plan approval as a prerequisite for the issuance of permits to reinstall these three trailers. If the County Commissioners gives us that relief, then we will be more than willing to apply ex post facto for those permits so that the formalized permits and inspection process can occur of the re-sited trailers that have been put on those three lots by the tenants. MS. LOUVIERE: You are aware that if you ask the Board of County Commissioners to act on behalf of this one case and ~- I mean, we cannot prevent you from doing that, let me just go on record as saying that. Then basically then we'll be setting a precedent that will come forth any time anyone wants to replace a trailer out in the trailer parks. They would basically come and have the same argument, that they do not have to pull a permit. MR. SPILLER: I think -- MS. LOUVIERE: Do you see what I'm saying? MR. SPILLER: And I understand what your concern is, and I think that is properly a decision of the political body of the Board of County Commissioners. Because it's probably a majority of the trailer parks and lots in Immokalee will ultimately meet any kind of code enforcement -- excuse me, code obligation for site improvement as they've historically developed. And I doubt that there are any, or more than one anyway, that have actually gone through the site improvement or site development process. There are undoubtedly trailer parks in Immokalee that would not meet those standards. The setback requirements and perhaps the condition of the trailers, but that's not the issues involved in our case. MS. LOUVIERE: Is your argument going to be just specific then to this trailer park? MR. SPILLER: Specific only to -- MS. LOUVIERE: To this one issue. MR. SPILLER: As well as the Barnharts, who follow on today's agenda. MS. SAUNDERS: Sir, how long is your continuance for, if you're asking for a continuance? MR. SPILLER: I did not indicate on there, because I didn't want to put a 30-day, 90-day type window on it, not knowing what the process would be at the County Commission level. What I asked in the letter to the County Commission is that they first consider our request to direct the county staff to examine, make recommendations as to legislative relief, and if they accept that and direct the staff to do it, then it would be beyond my purview to predict the amount of time necessary, for county staff to do it. CHAIRMAN FLEGAL: Are you finished with making your case to us? MR. SPILLER: For a continuance, yes. CHAIRMAN FLEGAL: Thank you. MR. M~ALICH: Thank you, Mr. Chairman. Just briefly, first, we do not dispute that Mr. Spiller and his clients have engaged in some discussions with the county over the course this case has been pending, approaching now a year on some aspects of the case. Secondly, we certainly have no quarrel that it is commendable if there's an efforts to improve housing. However, those efforts we submit have to be done through the proper process and permitting channels. Page 31 Now, more specifically to the continuance motion, I have not heard anything in Mr. Spiller's comments today which indicate that there was not proper notice furnished. We submit there was. In addition, there was posting, we have proof of that. Given the fact that these cases have lingered for quite some time, and although discussions have occurred, no concrete compliance efforts have taken place. We believe it's time for them to be heard. I note that under your governing ordinance, it provides that assuming proper notice of the hearing has been provided to the violator, a hearing may proceed in the absence of the alleged violator. And it's not as if they're totally absent today, because their counsel is here today also. Basically, as you can see, the motion was filed merely yesterday, or today, however you wish to look at it. I'm not aware, and I don't believe Ms. Arnold's aware of any representations that were made to Mr. Spiller or his client that this would be continued as of today's date. Consequently, our position is that the matter can go forward. MR. SPILLER: The only response that I could have, and I don't recall if I spoke directly to Ms. Cruz or my secretary did. We were told that we would need to appear in person in order to get our continuance. And by inference we were led to believe that perhaps that continuance would be granted for the short period of time that we were seeking. The service affidavit signed by my secretary accepting the notice of hearing is dated March llth. MS. CRUZ: Mr. Chairman. CHAIRMAN FLEGAL: Ten days. MS. CRUZ: If I may add, I don't recall any conversation with Mr. Spiller or his secretary. CHAIRMA-N FLEGAL: Thank you. A question to Maria. We did all the proper notifications, mail, posting? MS. ARNOLD: Yes, sir. CHAIRMAN FLEGAL: Everything we were supposed to -- MS. CRUZ: Yes, sir. CHAIRMAN FLEGAL: ~~ do under the ordinance? MS. ARNOLD: Yes, sir, we did. CHAIRMDXN FLEGAL: Fine. Okay. MR. SPILLER: The last thing I'd bring to the board's attention on the mot'ion to continue is that the actions of pi. acing the trailers on the lots were that of the tenants, not the property owner. The property owner's direction was to obtain permits. And I don't believe -- I got a phone call from Mrs. Betancourt, and it was to my office. I was out of the office at the time, and I haven't been able to get back to her. She told me the tenants had been noticed to appear, and that she told them it wasn't necessary because a continuance was being granted. Now, I haven't been able to get back to Mrs. Betancourt on that, so I don't know if these folks are witnesses or not. CHAIRMA/W FLEGAL: I see no evidence that we asked -- sent anything to anybody else. MR. SPILLER: 'there's a slight amount of confusion on that. MS. ARNOLD: We have provided no notice to the tenants of the property. As a board, we can~ot act on the tenant, we have to act towards the property owner. CHAIRMA/W FLEGAL: It's the property owner. Page 32 MS. SAUNDERS: But who owns the trailers? Is that the tenants that own the trailers? MR. SPILLER: Yes, ma'am. MS. SAUNDERS: So there is an issue of the ownership of CHAIRMkN FLEGAL: That's between the landowner and the person who put the trailer illegally on their property. Right now if there's an illegal trailer without a permit, those two have to fight it out. The violation, as I understand it, Ms. Arnold, is that there are no permits on these trailers. MS. ARNOLD: That's correct. CHAIRMILN FLEGAL: Is that the violation? MS. ARNOLD: Yes, that's correct. CHAIRMAN FLEGAL: Okay. My question to you, and I'll go on the basis that you may have just got into this, although I think you were probably in it since January. Do you agree that there are no permits for these trailers? MR. SPILLER: Yes. And I also would dispute, though, that there's a need for it. We have a continuous ownership of this trailer park by the Betancourts since the 1980's, early 1980. And I don't believe that there was an obligation to permit these trailers under the site development plan process in 1982 when they started developing these -- developed the trailer park in its currents state. So as a consequence, I don't think a permit is necessary under the concept called grandfathering, that tile use of the lands, when they first made use of it as a trailer park in 1982 cannot be altered today. MR. MfuNALICH: Mr. Chairman? MS. ARNOLD: I think that's -- go ahead. MR. M/ZNALICH: I think, if I'm allowed to expand on our position, and that is that we have no record evidence that any of the trailers were ever permitted, and that there was any evidence that at that time the codes were otherwise less restrictive so as to not require permitting. So continuously throughout they've never been permitted. CHAIRMAN FLEGAL: My question to you was going to be, has the code change requiring permits during this, let's go from 1980 to today, has it changed? MR. FtANALiCH: I believe our planner will testify that there is nothing in the code that would alleviate the requirement for the permits. CHAIRMAN FLEGAL: For the permits, okay. MR. PONTE: Then I need just a little clarification here. How many mobile homes are we talk.~ng about? The v~o]atio]~ as writ. ten says one. Mr. Spille~.' say:~ three. MS. ARNOLD: May we [~roceed witt~ the case? MS. LOUVIERE: We have a motion. I think we need to address the motion. CHAIRMAN FLEGAL: Yes. Let's -~ MS. LOUVIERE: We have a motion. CHAIRM,~Jq FLEGAL: --- talk about tile continuance first. MS. bOUVIERE: Yeah, and then uo we have to address t. hat, whether or not then we can hear it. CHAIRM/~4 FLEGAL: In looking -- my persona! opinion is, looking at this material, it started in May. Ir] June there was an extension, in July there was an extension. In September and October there was ail extension. And then ill January when evidently an attorney got involved, another extension was given. Page 3 3 March 25, I personally -- I think we've had enough extensions. Let's get to it. MS. SAUNDERS: If I may, I think we probably have had enough extensions at least to find whether there's a finding of fact. would be much more receptive to after doing the finding of fact perhaps continuing it until the Board of County Commissioners hears it. But I do think we can get the finding of fact out of the way. CHAIRM;dq FLEGAL: Okay. As far as the extension goes, what is the board's pleasure? Continuance? MS. LOU-VIERE: Somebody needs to make a motion to go one way or the other. MS. SAUNDERS: I move we deny the continuance at this time. CHAIRMAN FLEGAL: We have a motion to deny the continuance. Do hear a second? MS. DUSEK: I second. MR. PONTE: I'll Second. MS. LOUVIERE: We have two seconds. CHAIRMAN FLEGAL: Either one. We have a motion and a second to deny the continuance. Ail those in favor, signify by saying aye. Any opposed? (No response. ) CHAIRMAN FLEGAL: No continuance, sir, I'm sorry. MR. SPILLER: Ail right. Not to reargue a matter just decided, but I note in the lowest numbered case, 99-026, date violation first observed is May 25th of '98. And the other case that I've got open right now, 99-028, date first violation observed was January 5th of '99. And the one that would fall in between, 99-027, that would also be May 25th of '98. So it's not a May of '98 problem solely, it's also one that's just popped up in January of '99. CHAIRMAN FLEGAL: I guess I would look at that as it's an identical problem, it just came at another date. So to stand there and tell me that you didn't know what was going on wouldn't wash with me. MR. SPILLER: I'm not saying that. I'm not saying that at all. The Betancourts reacted in May of '98. I don't want to say exactly Ma':' of '98, but they began the process as soon as they were notified of contact with county staff to see what was necessary to get the permits. And when they were confronted with the site development plan, they shifted over to the architect. And I remember speaking with Mr. Wilkison, and his activity has been back into the at least late summer, if not early fall time period of his activity on behalf of the Betancourts, and pricing a site development plan and then some of the work, initial work being started. CHAIRMAN FLEGAL: My comment, though, is you ,had two actions in May of '98, and they were aware that the site development plan was probably a problem and they might have to do it. And then in January of '99, they went ahead and put more trailers in anyway, knowing that they already had a permitting problem. So time extension for that one j~',st isn't going to get it. You understand what I'm trying to sa':,'? MR. SPILLER: Kind of. But:. I think the fact sequence was that the last observed violation in Ja:~uary, 1999 doesn't mean that that's going to happen. It ma}, nor. have been observed, though it occurred much earlier. CHAIRMAJ,~ FLE(;AL: But stilL, tt~.ei~"re all time extension, the'.,' can March 25, ~'9~'9! .... be all put together. MR. PONTE: Mr. Chairman, I still need a little clarification. I'm confused as to how many trailers are involved. MS. ARNOLD: I think MR. PONTE: Mr. Spiller says three. Also, Ramiro mentioned that none of the trailers were permitted; is that correct? MR. M~tNALICH: Well, as far as this particular -- these three consolidated cases, my understanding is we were dealing with three trailers specifically on three different parcels. And Mr. Dantini, if and when he testifies, will explain the overview of that to you. But the concrete answer is three trailers on three parcels. MR. PONTE: Are there more unpermitted trailers on that parcel? I mean, dating back from 1982 -- MS. ARNOLD: I think if we allow staff to go ahead and identify what the violations are being raised and give their testimony, some of this may be cleared up. MR. MANALICH: I believe there are. CHAIRMAN FLEGAL: We've disallowed the continuance, so at this time, let's begin with the three cases and let the county present their case. MR. MANALICH: Thank you. CHAIRM~ FLEGAL: Mr. Spiller, if you'd like to sit down, you may, while they do this. MR. SPILLER: I've been sitting for a long period of time CHAIRMAN FLEGAL: Okay, whatever. MR. SPILLER: -- excluding the hour drive in, so I'm going to stand. CHAIRMAN FLEGAL: Ail right, sir. MS. CRUZ: May I? Thank you. First of all, case no. 99-02~, Board of County Commissioners versus Homer Betancourt. The exhibit well, let me go on. Case no. 99-027, Board of County Commissioners versus Homer and Priscilla D. Betancourt, and case no. 99-028, Board of County Commissioners versus Homer Betancourt. I would like to request that the packet that has been provided to the board, to the respondent and to the recorder be admitted into evidence at this time, please. CHAIRMAN FLEGAL: Anybody have any objections to that? Hearing none, so admitted. MS. CRUZ: In the packet for case no. 99-026, I would like to request to remove pages seven and eight. This is a copy of a notice of violation that was served to Priscilla D. Betancourt, and this notice of violation does not apply to this particular case. MR. MANALICH: Which nuttier case is that? MS. CRUZ: 99-026. For the record, the property owners in all these three cases have been provided notices; the notice of violation and the notice of hearing for this hearing via certified mail. We have -- also, we have posted the notices at the subject property and at the courthouse, as required by the ordinance. The alleged violation on these cases is the installation of a mobile home on-site without obtaining the Collier County building permits. This is a violation of ordinance 91-102, section 2.7.6, paragraphs one and five. The subject location for case 99-026 is 2711 Immokalee Drive. It's more. particularly described as section five, township 47, range 29, parcel 23. Page 35 March 25, 9 ' ' On case no. 99-027, the location is -- the address location is again the same, 2711 Immokalee Drive. The legal description is section 5, township 47, range 29, parcel 23.3. And for case no. 99-028, the physical location is 408 Taylor Street, Immokalee, Florida. Legal description, section five, township 47, range 29, parcel 24. At this time, I'll let the county attorney, Ramiro Manalich, take over. MR. SPILLER: Could I ask a question? What was the document that was removed from case no. 26? MS. CRUZ: Pages seven and eight, the notice of violation that was served -- addressed to Priscilla D. Betancourt. And the reason we're removing that document is because of the legal description on the property deed only applies to Mr. Betancourt. MR. M3kNALICH: Mr. Chairman, at. this time I'm prepared to call Mr. Dantini as the county's first witness. Mr. Dantini? THE COURT REPORTER: Would you spell your name, please? MR. DA/~TINI: D-A-N-T-I-N-I. For the record, my name is Gary Dantini, I'm an investigator with Collier County Code Enforcement. (Mr. Dantini was duly sworn.) MR. FUtNALICH: Mr. Dantini, how are you employed, sir? MR. DA/WTINI: I'm employed with Collier County Code Enforcement. First of all, good morning, ladies and gentlemen. MR. MA_NALICH: And have you been involved in the investigation of the three cases that have been consolidated for this morning? MR. DANTINI: Say again, sir? MR. M3tNALICH: Have you been involved in the three cases that have been consolidated for the hearing this morning? MR. DANTINI: Yes, I have. MR. MANALICH: How did you come to be involved in these cases? MR. DANTINI: On June 1st, I took over the position from Gary Harrison, who was a code investigator, who moved on to become a building inspector. MR. FtANALICH: Mr. Dantini, have you prepared for this morning a drawing iljustrating the parcels involved in these three cases? MR. DANTINI: That's affirmative. MR. MANALICH: Do you have that with you now? MR. D~NTINI: Yes, I do. MR. MA~ALICH: Okay. That's -- I see on the screen there. Could you please describe the three parcels involved and the three trailers invo].ved that are the subject of these three cases, Parcel 23.~ is owned by Priscilla and Homer MR. DA_NTINI: Betancourt. MR. M3kNALICH: MR. DkNTINI: MR. MJtNALICH: the parcel? MR. DANTINI: Is that bordering on the roadway up at the top? Immokalee Drive. It borders on Immokalee Drive. Is there also a road that borders internally in Yes, that's a private driveway that goes down the middle of the parcel with approximately 25 to 30 other trailers. MR. MANALICH: Okay. Is there then what is -- as you go down that private road, do you then come to the next parcel involved in these cases? MR. DA/WTINI: That's affirmative. As you're going south down the road, it's on your left-hand side. MR. MA/qALICH: Which parcel is that? Page 36 March 25, ~'999 MR. DANTINI: That would be parcel 23. MR. MA/qALICH: One trailer there? MR. DANTINI: One trailer there. MR. MANALICH: Okay. And then as you further go down the road and make the turn in the shaded area there on the screen, you then come to the next parcel? MR. DANTINI: Yes, you would come to parcel 24. MR. MA,NALICH: Okay. Is there one trailer there? MR. DANTINI: And there was a replacement trailer put there also. MR. MANALICH: ~und as to the three parcels, what is your understanding of the ownership of those parcels? MR. DANTINI: Parcel 23 is owned by Honer Betancourt, and parcel 24 is also owned by Homer Betancourt. What about the remaining parcel? Parcel 23.3 is owned by Priscilla and Homer MR. MANALICH: MR. DANTINI: Betancourt. MR. MANALICH: MR. DANTINI: MR. MANALICH: MR. D~JTINI: MR. MANALICH: That's the one on the -- On the top. -- road, bordering the main roadway? Right, up there. Okay. When you went out and inspected, did you find any violations on these three parcels? MR. DANTINI: Yes, I did. I had inherited this case from Gary Harrison, who first observed the violations on May 22nd. MR. SPILLER: Can I interject? Hearsay objection to that. MR. DANTINI: A notice of violation was sent out on May 22nd by Gary Harrison, who observed the violations that we are talking about at this time. MR. MA~NALICH: Mr. Harrison will be here to testify in a moment, but basically, did you inherit the case from Mr. Harrison then? MR. DD/qTINI: That's affirmative. MR. MAJWALICH: And are there -- are these trailers on these three parcels, are they distinctive in appearance? MR. DANTINI: Yes, they are. They're -- we call them a Dade County type trailer, and the}' have distinctive mark[ngs as far as numbers on them that appear that they have come from Dade County from after a hurricane. MR. MA/qALICH: As a matter of background, what is your understanding as to what led your department to initially begin investigation of these three parcels? MR. DD~TINI: From what I understand, the first initial investigation of this was that there was three dilapidated trailers that were stuck on the back part over in this direction here on parcel 24 that was called in on a litter problem because they were not removed right away. MR. MA_NALICH: Were they eventually removed? MR. DANTINI: They were eventually removed. There was a notice given to get those removed, and Mr. Betancourt removed those at that time. MR. MANALICH: Now, are there -- now, in this case we're talking about three additional trailers that have this Dade County style that you've describe, correct? MR. D~4TINI: Right. Usually when there's three trailers removed, there usually are three trailers replaced. And that's kind of a triggering factor for us to look at. And we -- and because these Dade County type trailers stick out so much differently than what the Page 37 March other ones are, they're much longer, they're a certain color, they're all white, and they just have a distinctive marking of all being the same, that it's very obvious that you can tell that they're totally different than the other type trailers. MR. MANALICH: Are these trailers hooked up at this point to any utilities? MR. DA.NTINI: Yes, they are. MR. MANALICH: All three parcels? MR. DANTINI: All three parcels are hooked up. 23.3 has been disconnected from its electrical source at this time. MR. M3kNALICH: Was there on one of the parcels where at one time there was evidence that you discovered of cooking outside of the trailer? MR. DANTINI: Yes. Parcel 24 -- excuse me, 23 right here, this parcel has been connected to all utilities except for they can't have -- they don't have a meter on it right now. And at one of my site visits there was -- the doors were opened inside the trailer, I had taken pictures of inside the trailer, showing that there was a person living there. They had some bird cages, birds were in there, furniture. And outside on the side right here there was a cook stove outside. There was a pot and pan sitting on that at that time. MR. MANALICH: Is that reflected at Page 16 of the packet 99-026? Could you take a look? MR. DANTINI: Yes, that's it. MR. MANALICH: Did you take all of these pictures -- MR. DANTINI: Yes, did. MR. MFdJALICH: -- in these packets? Based on what you observed -- well, first of all, is there any additional violations that you observed of any kind? Or is that a pretty good summary? MR. DANTINI: That's a pretty good summary, that they do not have permits and that they're connected illegally. MR. MANALICH: Based on that, did you then cite the owner for violations? MR. DANTINI: Yes, I did. MR. MJYNALICH: And what was the cite -- what is the code section that you applied to them in your notice? MR. DANTINI: The notice that I gave them was 91-102 amended, 2.7.6, section one and section five. MR. 5UtNALICH: Okay. And just in shorthand, what does that basically require? MR. DANTINI: Okay, it requires getting a building permit prier to any improvements on any ol the properties. MR. MANALICH: Are these trailers presently still in violati©n, in your opinion? MR. DA/gTINI: That's affirmative. MR. MANALICH: Have you offered the respondents any opportunity to comply in these cases? MR. DAlgTINI: Since May 22nd, 1998. MR. MANALICH: Now, as Mr. Spiller observed earlier, one of the cases did begin in January; is that correct7 MR. DANTINI: Well, yes. That's because there was an error as far as one of the first NOV's sent out. It was sent out on the wrong parcel. It was sent out on parcel 25 because it was hard to distinguish between where the property lines are. And it was corrected so that the notification would be legal, that he was Page 38 March 25, 1999 {."'~, notified. And at that time, since May, all three trailers have been talked about. He understood exactly which three trailers we were talking about from the very beginning. MR. MA/qALICH: Have you had discussions with the respondents as to compliance through a site improvement plan? MR. DANTINI: The only time I did was at the time that we had a meeting with Mr. Spiller, yourself, Ms. Arnold and the planners. And at that time, we agreed upon instead of a site development plan, to help out in the cost, to go ahead with a site improvement plan. MR. MANALICH: Do you know if the respondents agreed to proceed with that site improvement plan? MR. DANTINI: From what I understood from Mr. Spiller that day, that he thought that was a fair compromise and that he would -- MR. M;uNALICH: Well, I'm not asking so much about that meeting, I'm saying more in terms of the respondents in the field. MR. DANTINI: Otl, I haven't had any contact from them since on that, whatsoever. MR. MA/qALICH: No further questions. CHAIRMAN FLEGAL: Okay, do we have somebody else besides Mr. -- does the board have any questions of Mr. Dantini? MR. PONTE: I do. Mr. Dantini, in your estimate, how many trailers are located in the Betancourt park? MR. DANTINI: Approximately 25 to 30 trailers. MR. PONTE: And these three trailers, because they were Dade trailer, types, came to your attention? MR. DANTINI: Right. MR. PONTE: Are all the other trailers in the park permitted? MR. DANTINI: As far as i know, no. MR. PONTE: So why were these three trailers, other than the fact that they're Dade trailers, singled out for inspection and discovering that they were not permitted? MR. D~4TINI: Because of the aspect of the fact that they were put in brand new. The other ones were replace -- it was a replacement type trailer. We do not just go out and wholesale everything. they replace a trailer, then that will trigger all the other avenues to take care of the permitting process so that the other ones would be permitted. MR. PONTE: t see. Thank you. MR. DEL~EY: I have a question of Mr. Dantini. Are these generally an upgrade over what is -- the existing trailers that are out there? MR. DANTINI: From the ones that -- yes. Yes, they are. MR. DELANEY: In my mind, I generally know the level that's out there. We all do. The economic level is very diflicu!t to maintain and to upgrade. And I do appreciate that they're an upgrade, and I assume most of those would be occupied by farm workers or whatever that we need. But still, in time I think we always have to work towards improvement. I just think that's the goal that we should have. And even though that it hurts. I'm inclined for us to hold to the pattern that they should comply. I think over the long run that the growth would show that this would be a proper course, rather than just go along. I don't know what this means other than I'd like for us to hold on the side of Page 39 March complying with the code rather than understanding that this is the level out there. I think if we hold to the code pretty much, it will improve the standard of living for everyone, even though it does hurt at the present time. So those are just my thoughts for the board. CHAIRMSkN FLEGAL: Mr. Dantini, explain to me -- we have three trailers that are not permitted, but we have some 20 other trailers that are not permitted also. MR. DANTINI: That's correct. MS. LOLrVIERE: I think what happens out there, the way understand it, and I may be wrong, is that these trailer parks have been in existence for along time, so technically they're grandfathered in. Now, when you go and you replace a trailer with a newer trailer, then our Land Development Code kicks in and they have to get a site development plan approval or a site improvement plan to be able to put in a new trailer where the old existing one was. Because now you're replacing with a newer structure. A_~d this is typically done through our Land Development Code to bring things into current currency; is that correct, staff? MR. DAlqTINI: That's correct. MS. A~OLD: Yes. MS. LOUVIERE: If I am wrong, please correct me. MS. ARNOLD: The only part that I'd like to clarify is that technically it's not grandfathered in. The trailer park may have existed, and the activity that occurred with the replacement of those three trailers triggers a requirement for a site development plan or a site improvement plan, and Ms. Louviere is 100 percent correct in that respect. CHAIRMAN FLEGAL: Well, I guess my question is if there's -- MS. ARNOLD: The site development or site improvement plan will address the other trailers on the -- within the entire park. CHAIRMAN FLEGAL: What I'm trying to get to is if there's no such thing as grandfathering and we cited them for three trailers and there's 20 some trailers, why didn't we cite them for all of them? MS. ARNOLD: We addressed the three replacement trailers. The three replacement trailers were something that stood out because of the complaint with the trash that was out there. In our investigation, the -- well, the older trailers that were left on-site, in our investigation, because we found out after conferring with planning staff that a site development or a site itnprovement plan would be required, we didn't create another case [or all of the other trailers on the site. Those will -- because we found that it would be addressed as a part of that site development or site improvement plan. We didn't create a separate case for all of the other trailers that do or do not have permits. MR. PONTE: Michelle, I have to ask you, if the three Dade trailers were removed and the old trailers were moved back, would then the violation disappear? MS. ARNOLD: No. MR. D~TINI: No. MS. ARNOLD: The fact that the activities of replacing or removing or relocating trailers occurred, that created the requirement to look at the entire site. MR. SPILLER: If I ma}, interject at this point, I would dispute that. I think that the interpretation of the county code requires the operative word of replacement. And if a trailer is moved temporarily Page 4 0 March 25, and then put right back on the exact spot on the earth that it came from for some maintenance work to be done on the lot side, i don't think we have a triggering process, because there has not been a replacement of that trailer. MR. MANALICH: Mr. Chairman, I would just point out that one of the county's witnesses here will be one of the planners, Mr. Bellows, and perhaps he will be able to shed more light on this. MR. DANTINI: One of the other reasons why we put the -- when you replace a trailer and put another one in to get a building permit is for the safety and welfare of the tenants or the trailer owner, to make sure that the electricals are connected properly and that the water and sewer are also connected properly. There have been electrical fires up in that vicinity, and also on Mr. Betancourt's property. So that is one of the main reasons why the county -- why staff is so adamant as far as getting permits for the replacement trailers. CHAIRMAN FLEGAL: Okay. MS. LOUVIERE: Are we getting -- I just want to ask one quick question. Are we making the Betancourts get a site improvement plan for the whole site then? Is that correct? MR. DANTINI: Yes. MS. ARNOLD: Well, it would be for the parcels in question, and all three parcels have been cited and all three parcels encompass the park. MS. LOUVIERE: Ail right. MR. LEHMA/gN: Ms. Arnold, my understanding of the violations, we have three separate violations, each dealing with only one trailer on three individuals parcels, requiring the respondent to obtain an SDP or SIP. Are we encompassing all the trailers that are in questions regarding permitting? MR. SPILLER: In answer for the property owner, if we are required by our subsequent action by the Collier County to do the site development or site improvement plan process, in order to have the post-dated permits for these recited trailers done, it will encompass the entire trailer park, but the property owner will have to make a decision as to whether that's economically feasible and abandon these three trailer lots, and the tenants that are now without a place for their trailer as a consequence. If they choose not to do a site development plan, the number o~ habitable trailer lots will have been reduced b}' three. MR. LEHMAn: Again, clarification of my question. When we -- if we go this route, will we obtain an SDP or SIP? In that process do we then after-the-fact permit the other existing trailers on the parcels? MS. ARNOLD: They would be required to 9et permits as well. MR. LEHMANN: What is involved in that process? MS. ARNOLD: Obtaining permits? MR. LEHMANiW: As an after-the-fact process. MS. ARNOLD: The board can choose to say after the ~act, and they would be -- it would be four times the cost of the initial permit, or they could choose not to require after-the-fact costs for the permits. It could be that there would be just the cost £or obtaining a permit, as if it were a new permit today. MR. LEHMANN: So the board has the authority to either waive the penalty of the four times the cost or not -- MS. ARNOLD: Correct. MR. LEHMD~NN: -- in essence. Page 41 MR. SPILLER: And as a part of our relief, we're going to be seeking a waiver of the singular fees for the permits, not just the waiver of the four times multiplier. I think by the time that the property owner's gone through the process, if that's what the ultimate approach is, of site development or site improvement, if you then throw in additional costs of permit per lot, then that's going to equal an absolute zero line or less than zero line, and they would have to do something major in adjustment to that. MS. ARNOLD: I'd like to clarify for the board that there's a separate fee for the site development or site improvement, and then there's separate fees for individual mobile homes or trailers. MR. SPILLER: And those fees, it would be a multiplier times the number of lots in the trailer park, correct? MS. SAUNDERS: May I clarify? Does the -- this board have the jurisdiction to waive the right to getting a site plan? CHAIRMAlq FLEGAL: No. MS. LOUVIERE: No. MS. SAUNDERS: Thank you. One other question, sir? MR. DANTINI: Yes. MS. SAUNDERS: Other than needing the site plan, the violation of that, have you observed any violations regarding these three trailers? I know you haven't done a complete inspection and the rest, but is there anything obvious to you that shows that they are in violation? MR. DANTINI: As far as a lot of the electrical connections, yes. I'm not an electrical engineer, but it doesn't take one to figure out that one of the properties, 23.3, for instance, has a building next to it and the electrical wire is run through a conduit from the trailer to the side of the building with the -- and connected to the meter of that building. So instead of having its own meter, it's connected to another one. MR. SPILLER: On than point, if i might, you are aware that double metering is permitted by the utility company. MR. DkNTINI: Well, if this would pass code, I'd be very surprised the way it was set up. MR. SPILLER: Again, you indicated you're not an electrical engineer. MR. DANTINI: That's right, sir. CHAIR~tAN FLEGAL: Right now what we have is a violation for permits. MR. DANTINI: Right, yeah. CHAIRMAN FLEGAL: Let's stick with permits. If there are other violations, then you need to go write them up. Right now -- MR. DANTINI: That would take care -- CHAIR~N FLEGAL: -- let's get back to our permits. MR. DANTINI: Right. The permitting will take care of that, the violation. CHAIRMlZN FLEGAL: I'd like to hear from the planning gentleman. MR. SPILLER: If I could ask questions o~ the witness also, please? CHAIRMAN FLEGAL: Yes, sir. MR. SPILLER: Okay. I may need to slide ouer and use the overhead projection for these questions. CHAIRMAN FLEGAL: Be our guest, sir. MR. SPILLER: The area that's indicated in the colored blue, pink and yellow -- Page 42 March 25, 1999 MR. DANTINI: Yes. MR. SPILLER: -- is the entire boundary of the Betancourt trailer park; is that correct, or not? MR. DANTINI: Those parcels. MR. SPILLER: Okay. So there's additional parts that are indicated with a notation of Betancourt MHP that are part of the actual visual boundaries of the park, right? MR. DANTINI: I couldn't tell you on that. That's from the records room, so -- I don't know how old that one is. MR. SPILLER: Now, the approximate number of trailers on the trailer park is 25, and these three that were cited are three of those 25, correct? MR. DANTINI: That's affirmative. MR. SPILLER: Would you agree that the condition of the three trailers that are the violation trailers is a significant improvement over the other 22 trailers? MR. DANTINI: Yes. MR. SPILLER: Both in apparent condition on the outside, as well as the dimensions, the length and width of the trailer? MR. DANTINI: Yes. MR. SPILLER: And it includes more living room for the occupants of the trailer? MR. DANTINI: Yes. MR. SPILLER: The older trailers that are there, would you agree that their size is approximately 22 feet or 25 feet in length by eight feet in width? MR. D~4TINI: I couldn't tell that you, sir. MR. SPILLER: And the trailers that have been brought in are approximately 10 or 12 feet in width and approximately 55 feet in length? MR. DANTINI: Yes. MR. SPILLER: So the habitable area of the tenant of this trailer has been doubled by this consequence? MR. D~qTINI: It's possible. MR. SPILLER: And have you had any discussions or had any discussions in your presence about the lot rent that is charged these three trailers? MR. D~TINI: Yes, I have. MR. SPILLER: And you would agree that my summary earlier of 150 a month for the lot rent is correct? MR. D~TINI: Yes, but also -- MR. MANALICH: Objection. Objection. Not relevant. CHAIRMAN FLEGAL: What you're doing is interesting, but really has nothing to do with the problem. The problem is permits. The fact that something is bigger, prettier, has nothing to do with the permits. I'm sorry. MR. SPILLER: And I agree with you, but I think it does have relevance to the relief of the -- or the actions that the board will be taking if you do find a violation. CHAIRMAN FLEGAL: Well, I believe there is a violation, and the only relief is if we, you know, continued it to some other time, so while this is interesting, it really doesn't pertain to the actual permits, which is what the problem is. MR. SPILLER: If I could ask one last question -- CHAIRM~ FLEGAL: Yes, sir. MR. SPILLER: -- on this subject, all right? Page 43 March 2.~., !,{ ; ~ You would agree also that the lot -- excuse me, the trailer rent that is charged the tenants of the other 22 trailers is more than $400 per month? MR. FtANALICH: Objection. Again, not relevant. CHAIRMA/~ FLEGAL: It's irrelevant. What people charge doesn't have anything to do with the permits. We're interested in the permits. If the people want to pay -- that own a property want to pay to get permits, that's great. If they don't and want to do with the trailer park, that's their privilege too. It's their property. Right now we don't have permits and that's what we're here to decide, should we do something because you don't have permits. To your knowledge, Mr. Santini (sic), has the MR. SPILLER: county staff MR. DANTINI: MR. SPILLER: MR. DANTINI: MS. LOUVIERE: MR. SPILLER: It's Mr. Dantini. Dantini. I'm sorry. I wish it were. The Great Santini. Mr. Dantini, to your knowledge, has the county staff known of the status of the unpermitted trailers on the Betancourt trailer park since the Eighties? MR. DANTINI: I couldn't tell you that. I've just been here a year and a half. MR. SPILLER: What is your knowledge of the information, how long the county staff has known of the unpermitted trailers, as we're calling them, at the Betancourt trailer park, then based upon your knowledge? MR. DANTINI: May 22nd, 1998. MR. SPILLER: Did the county staff note that the Betancourt trailer park was not permitted before this formal investigation began? MR. DANTINI: I couldn't tell you that. MR. SPILLER: No further. CHAIRMAN FLEGAL: Thank you, Mr. Dantini. MR. r~ALICH: Very briefly, Mr. Chairman, could I ask a couple of follow-up? If you know, Mr. Dantini, regarding the map there, and Mr. Spiller asked you about those other unshaded parcels that are appearing on the screen on the map that you brought, can the respondents obtain the same improvement plans just as to the three parcels? MR. DANTINI: I believe they can. MR. MANALICH: And are you aware as to who is in ownership of the trailers as opposed to the parcels? MR. DANTINI: I understand that some of the trailers are privately owned. I did have an opportunity for talk yesterday to the owner of the trailer of 23, on parcel 23. It was Mrs. Jose -- and I'll spell the last name. A-L-F-O-R-O. She had informed me that she purchased the trailer from Mr. Betancourt approximately five, six months ago for $1,800~ MR. ~XNAI, ICH: Thank you. Mr. Chairman, at this point I would like to move into evidence the map from which Mr. Dantini has furnished and which he's been testifying. Have it marked as Count}' Exhibit -- if the court reporter will permit me -- B at this point. I assume the packet was A. CHAIRMAN FLEGAL: No objection. MR. SPILLER: No objection. MR. MANALICH: Thank you, Mr. Dantini. CHAIRMAN FLEGAL: Thank you, Mr. Dantini. Page 44 March 25, 9 MR. MJUNALICH: MR. HARRISON: MR. MA_NALICH: MR. HARRISON: County. MR. MFuNALICH: County? MR. HARRISON: MR. MFuNALICH: MR. DANTINI: Thank you. MR. MAlgALICH: Gary Harrison. (Mr. Harrison was duly sworn.) State your name, please. Gary Harrison. }{ow are you employed, Mr. Harrison? I'm a structural building inspector for Collier Previously, what was your position with Collier Code enforcement investigator. Did you commence the investigation involving the parcels which are the subject of these present hearings today? MR. HARRISON: I did. MR. MANALICH: And what prompted that investigation? MR. HARRISON: We had received an anonymous phone call that there was illegal storage or litter to the rear of that property. MR. MfdqALICH: Okay. Was that in the form of three trailers that were in a dilapidated condition? MR. HARRISON: Yes, I believe it was. MR. MLANALICH: Okay. How could would you describe -- do you recall what the condition of the trailers was? MR. HARRISON: Well, they were pretty well torn apart. They were just shoved out in the bushes. MR. MA_NALICH: Eventually were those trailers removed, or did you stay with the case that long? MR. HARRISON: No, I was not with the case that long. MR. MA_NALICH: After seeing the three trailers that you've mentioned, did you then further inspect any of the parcels that had been described by Mr. Dantini in earlier testimony? MR. HARRISON: Yes. When I was driving down the street to go to these trailers, I noticed that -- I did notice two Dade County trailers, as everybody refers to them as, sitting on those parcels. MR. MA~NALICH: Did you then issue a notice of violation in this case? MR. HARRISON: I did. MR. MANALICH: Okay. And is that found at Pages 9 and 10 of evidence packet and case no. 99-026? MR. HARRISON: Yes. MR. MA~AL!CH: And what was the basis for your notice for violation? MR. HARRISON: Well, after we found the trailers, we went back and we checked to see if there were any permits issued, and there wasn't, so we sent out the notice. MR. MA/gALICH: Did then -- did you stay with the case, or did someone else take over? MR. HARRISON: I left Code Enforcement June the 1st. And I think on that notice, I had given them till June the 3rd to comply by either getting all the proper permits or removing the trailers. MR. MANALICH: No other questions. CHAIRMAN FLEGAL: Anyone from the board have any questions? MR. DELSEY: Do we have someone on the Planning Commission here? Do you intend -- is there someone at the Planning Department that you intend -- MR. MA~WALICH: Yes, that's correct, sir. MR. SPILLER: I have a few questions of Mr. Harrison, if I could. Page 45 MR. BELLOWS: MR. MA/qALICH: MR. BELLOWS: MR. MTkNALICH: County? MR. BELLOWS: March 25, Using the map of Mr. Dantini, do you see where on that map -- do you see on that map that there are three black marks indicating trailer size? MR. HARRISON: Yes. MR. SPILLER: Were those vacant at the time you observed the three dilapidated trailers or two dilapidated trailers in the back of the lot? MR. HARRISON: No, I think this -- this goes back about a year. I think this trailer was in place and this trailer was in place. I don't remember seeing this one at that time. MR. NS~NALICH: Are you sure of that, or are you fuzzy? MR. HARRISON: Well, I'm pretty sure. I know -- I'm pretty sure we had this one and this one, because I -- at that time I believe I met with the Betancourts out there, and we had discussed that, and we had a cordial conversation. I told him this is what you basically have to do, and if you have any problems, just talk to the planning department. MR. SPILLER: The trailers that Mr. Dantini referred to as being the dilapidated ones at the back of the lot, are you comfortable in telling the board here today that those include the two that you saw? MR. HARRISON: What's meaning the two that I saw? MR. SPILLER: You were indicating earlier in your testimony that you got a report of dilapidated trailers. MR. HARRISON: That's correct. MR. SPILLER: Okay. Are those the same that Mr. Dantini was referring to? MR. HARRISON: Yes, because when I was transferring, I had pointed those out to him. MR. SPILLER: No further questions. MR. MA2IALICH: Nothing else. CHAIRM3uN FLEGAL: Thank you, sir. MR. MANALICH: Thank you, Mr. Harrison. Ray Bellows. (Mr. Bellows was duly sworn.) MR. MANALICH: State your name, please. MR. BELLOWS: For the record, my name's Ray Bellows. MR. r.WtNALICH: Mr. Bellows, how are you employed? MR. BELLOWS: Yes, I am. I'm employed as a principal planner with the Collier County current planning staff. MR. MANALICH: Okay. I have just provided to you a copy which I believe is of your personal resume and credentials? Yes. Okay. Is that an accurate copy of that resume? Yes. Okay. And what are your duties with Collier As a principal planner, I'm in charge of conducting rezones, site development plans, site improvement plans, conditional use variances. I also coordinate the historic and archeological preservation board, and do traffic impact studies for staff. MR. MA/qALICH: Do you have any advanced educational degrees? MR. BELLOWS: Yes. I have a Master's Degree from the University of Nebraska in planning. MR. MA/WALICH: Do you work with the Collier County Land Development Code? MR. BELLOWS: Daily. Page 46 March 25, 1 9, ~.:. ., MR. M~ALICIt: Are you involved in zoning and land planning issues for the county? MR. BELLOWS: Yes. MR. MANALICH: For how long have you been doing that? MR. BELLOWS: Approximately 10 years with Collier County, and four or five years previous with Palm Beach County and Rockland County, New York. MR. MANALICH: Mr. Chairman, at this point I would offer Mr. Bellows as an expert in land use, Collier County Land Development Code and zoning. Mr. Spiller, do you have any objection? MR. SPILLER: In the code? I think that's getting into legal issues, and I think his background is rather one of planner. MR. MANALICH: Well, our submission would be that as planner, one of his inherent functions is to apply and interpret the provision of the Land Development Code. MR. BELLOWS: That's correct. CHAIRM3kN FLEGAL: Any objection, Mr. Spiller? MR. SPILLER: That is my objection, yes. CHAIRMAN FLEGAL: So noted. MR. DELANEY: Mr. Chairman, I'd like to hear what he has to say from the prospects of the situation. We can't correct all of the sins, the past sins of the world. We can move forward. I think it would have -- what he has to say is what the outlook would influence how I would like -- MR. MA/WALICH: Have you had a chance -- CHAIRM3tN FLEGAL: We've made a note that Mr. Spiller objects, but let's proceed. MR. MANALICH: Okay. Mr. Bellows, have you had an opportunity to review the three cases that are presently before the board? MR. BELLOWS: Yes, I have. MR. MI~NALICH: Have you also had discussions 'with any of the respondents about those cases? MR. BELLOWS: Yes. When I was in Immokalee, Mrs. Betancourt paid me a visit and asked me certain questions about the site. She had noted that she was red tagged by Code Enforcement and was told to contact a planner to find out how she could help get her park into compliance. Based on some of the things she said about removing and/or adding additional trailers, the discussion revolved primarily involving conducting a site development plan. This would allow her to add additional dwellings to the site. The county at that time would be -- to the site development planning process would get an accurate depiction of what's on the site currently to ensure that proper setbacks are maintained to ensure building permits would be obtained that would improve the health, safety and welfare of the residents residing there to make sure that there won't be any fires or encroachments onto neighboring properties. As part of a site development plan process, 'we would have a survey submitted showing the exact existence of trailers and any or'her encroachments or violations. Subsequently, she had called me in my Naples office and we determined at that time a site improvement plan would be best. I also had a conversation on the phone and in person with Jim Wilkison. He is preparing the site improvement plan for Mrs. Page 47 Betancourt. We went over the requirements of site improvement plan with Mr. Wilkison at that time, and he seemed to be thinking that he could do the site improvement plan for Mrs. Betancourt. MR. MANALICH: Did does the site improvement plan involve any economies or savings to the applicant? MR. BELLOWS: Yes, it does. The primary intent for a site improvement plan is for existing sites that aren't adding additional units or structures. It's not a requirement for engineered water management calculations, it's part of a site improvement plan, which is a tremendous saving from an engineering standpoint. Also, county fees are far less. Site improvement plan is a $215 petition, while a site development plan is 425. And ~o it's additional cost per unit. MR. MANALICH: Is there more engineering cost of a site development plan as opposed to site improvement plan? MR. BELLOWS: Typically, yes. MR. M3~NALICH: Why is that? MR. BELLOWS: Site development plan is an engineered stamped, sealed drawing, where a site improvement plan is not, typically. MR. M3%NALICH: Once an application for site improvement plan is made, how long would it take to process? MR. BELLOWS: Well, site improvement plans generally are viewed much faster, since there's less staff review time. We typically can get that done in a week, sometimes less. MR. MANALICH: Nothing further. CHAIRMAN FLEGAL: Mr. Spiller, do you have a questions? MR. SPILLER: Please, if I might. Once the site improvement plan, if submitted, is improved, what is going to be the cost to the Betancourts if there are 25 trailer lots a part of that plan to obtain permits? MR. BELLOWS: Well, that's through the Code Enforcement and Building Departments, but I assume that you would have to obtain building permits for each of those units that have not received building permits in the past. MR. SPILLER: A~nd what is the cost for each of those units? MR. BELLOWS: That's through the Building Department. I'm not aware of their fees. MR. SPILLER: Can Ms. Arnold advise on that? MS. ARNOLD: It depends on the size of the trailers. I believe -- well, it's probably around no more than $100 per trailer. I don't know the exact cost. But there would be tie-down requirements and electrical -- or all the different utility requirements, and the fees generally cover the inspection or at times -- review time and inspection time of the property to make sure that it's installed correctly. MR. SPILLER: So would it be correct then that the cost is the site improvement plan o~ 250 plus approximately 2,500 ~or the trailer permits? MR. BELLOWS: I have dealt with several engineers, and there's a wide range of fees that they would charge. MR. SPILLER: I'm not talking about what the engineers charge, what the county would charge. MR. BELLOWS: The county would charge the $215 for the site improvement plan. MR. SPILLER: Plus the approximately 2,500 that Ms. Arnold identified? Page 4 8 MR. BELLOWS: MR. SPILLER: trailer park? MR. BELLOWS: MR. SPILLER: March 2E, 1999 That's correct. Okay. Now, were you on-site at the Betancourt No, I've not been on-site. So you don't have any observations to relate to the Code Enforcement Board today about the apparent quality of living environment that has been improved by the placement of these three trailers, do you? CHAIRMA/q FLEGAL: Mr. Spiller, we're getting back to where we were before. That's really irrelevant. The improvement of the quality of life, unfortunately, while commendable, is irrelevant to the getting of the permits. MR. BELLOWS: Yeah, I can only tell you that we require that and the purpose of a site plan or site improvement plan is to ensure that property owners don't continue to add trailers that exceed the density, to make sure that they're properly hooked up to prevent fires or other problems or encroachments or nuisances to adjacent property owners. If we continue to allow the replacement or swapping out of trailers without proper permits, they may be done improperly during a hurricane or storm or -- and could create problems and hazards not only to the people who reside on site but to the neighboring property owners. MR. SPILLER: As a part of your planning process, are you aware that the housing has a season in Immokalee geared to the agricultural seasons? MR. BELLOWS: That's correct. MR. SPILLER: And would you relate to the board the density of occupancy of housing units in Immokalee during the farming season? CHAIRMAN FLEGAL: I guess I'd have to ask the question, that has no relevance either. We're talking about permits that aren't obtained and how many people live there. Whether they have one trailer or 40 trailers, you don't have the permits. And I -- that's the Drobiem and that's what they're cited for. MR. SPILLER: And I hear the board and I've heard the boards several times on that. I'm trying to bring ou[ evidence, though, ~or your consideration as to what to do if you do find a violation. And the what to do includes the motion to continue that ycu've denied, but I would still urge the board to consider it, and that is to allow me to go back to the Board of County Commissioners and see if we can be relieved of this expensive process outside of CHAIRMA/q FLEGAL: I think your argument needs to be made to the Board of County Commissioners, not to us about the expenses and the quality of life. What we're concerned with is there's a violation with no permits, pericd. That's where our authority ~s. There is or there isn't permits, and we can do one of two things: We can find them in violation and order them to do something, or we can continue this to another date to give you a chance to get some relief from somebody else. But the permits are our only concern, unfortunately. MR. SPILLER: I think in the decision, if I might, the decision as [o whether to fine us or to allow us to go do something with the Board of County Commissioners, you need to know the general impact of your decision upon the housing market of Immokalee. And what I'm trying to establish here through the witness is that if we require a fine on the Betancourts that there's a likelihood that those three trailers will be removed from the trailer park and those Page 49 March'25, 1999 families will be without, that site has a place for their home, and that there's no alternative. There is no alternative for placing that trailer. And as a consequence, we're displacing those three families. And I think that is significant in the board's discretionary decision as to what to do in the event that you do find a violation. MR. DEL/tNEY: Mr. Chairman, would you ask each of the board members their feelings at this point? CHAIRMAN FLEGAL: I have a couple of questions for the witness first, please. I've heard Mr. Spiller and counsel and I believe you, too, used the word replacement. When I read section 2.7.6, item one, which is what the violation is for, nowhere do I find the word replacement. Can you explain to me why we're talking about replacing trailers and how that fits into this violation? MR. BELLOWS: Well, the Building Department, in calculating impact fees, looks at it differently if you have an existing trailer there and you're putting in a different trailer. From a land use and planning standpoint, we're 13oking at overall density versus adding a new trailer to an existing nu,~ber, which increases the overall density or units per acre. So we want to distinguish that difference between replacing and adding trailers. In this case, there is a swap of an existing dwelling on site. MS. AiR/gOLD: Can I add, the violation is requiring that a permit be obtained, and that's what the section that's been cited requires. CHAIRMJ~N FLEGAL: Right. MS. ARNOLD: The replacement discussion comes into play when we're determining whether or not a site development plan or site improvement plan is needed. The site development plan or improvement plan is required because they modified the park. And the only way that they can obtain a permit is now to go through that process. CHAIRMlZN FLEGAL: That's what I was trying to get to. We kicked around the word replacement and the violation, as I understand what was written down and as I read the paragraph, doesn't address that. It addresses that something was moved, added or altered. And that's what they did, they moved the trailer, took one out. In fact, they replaced it -- the purpose of the violation, as I'm reading it, is irrelevant. You've moved something that triggered the violation, now we know you don't have permits. That's what you've brought before us and we're trying to -- MR. BELLOWS: That's correct. CHAIRt.tA2; FLEGAL: -- decide. The fact that you're doing a better quality of life or whatever is fantastic, but unfortunately irrelevant. The board? MS. DUSEK: I have a question for Mr. Bellows. In 1980, when the Betancourts obtained this property, did they need a site improvemen~ plan then? Was it required for their possession of this trailer park? MR. BELLOWS: A site improvement plan -- or site development plan would be required for any nonconforming illegally existing development. None was required because it never came to the attention of the county of a violation. That's my understanding. But yes, we would be requiring a site development plan or site improvement plan. MR. LEHMA/~N: Mr. BelLows, again, could you clarify what you said? You had indicated that originally when the respondent obtained the property, no SDP was required, or an SDP was required? MR. BELLOWS: A site development plan is required, or site Page 50 March 25, 1999 improvement plan is required, because none was ever done in the first place. MR. LEHM3%NN: So you're saying an SDP was required when the respondent originally purchased the property and intended use of the property -- as intended. However, none was ever applied for? MR. BELLOWS: That's correct. MR. LEHMA_NN: So we have now a site; not just three trailers, we have an entire site now that is in violation. Is that what you're saying? MR. BELLOWS: That's correct. CHAIRMAN FLEGAL: I was going to ask Mr. Spiller, when you bought this property, did the trailer park exist or did they buy it and then start the trailer park? MR. SPILLER: It's my understanding -- and if they were here I'm sure they'd correct me -- that when they bought it, it was vacant land. And within a year, they had developed it into its existing current state. But along that line, let me pursue with Mr. Bellows. How do you know that in 1982 that the code of Collier County required a site development plan or site improvement plan for that parcel of land? MR. BELLOWS: The code is basically the same. The requirement for a site development plan existed at the time of 1982 and prior for MR. SPILLER: So we could go back -- MR. BELLOWS: -- village residential zoned lots that have more than one unit -- or excuse me, more than three units, the code requires that a site development plan be prepared. MR. SPILLER: So we could go back into our county ordinances -- MR. BELLOWS: That's correct. MR. SPILLER: -- and find an ordinance that preexisted 1982 that would provide that? MR. BELLOWS: That's correct. MR. SPILLER: Have you done that yourself? MR. BELLOWS: No, I have not. I on previous petitions have researched other ordinances, yes. But not particularly for this one. MR. SPILLER: But not for this one? MR. BELLOWS: That's correct. MS. TAYLOR: Mr. Chairman, we can hear all the words in the world, and it's not going to change the fact that we have code violations here. And we need to pursue this and take care of it PDQ, instead of all these words, words, words flying around, it means doodly-squat because we have code violations. We need to take care of it. It's as simple as that. CHAIRMAN FLEGAL: I agree. MS. SAUNDERS: Mr. Chairman, I agree also. ~d I think perhaps if we divide it in two projects when we do a finding of fact, that's the problem, then we can discuss whether we continue it and let the County Commission decide how they deal with what's obviously a major ~problem out there that we're not competent -- qualified to deal with or whether we want tc -- whatever we want to do. But I think perhaps we could settle the finding of fact before we MR. MA_NALICH: Mr. Chairman, before we finish with the witness, just two requests. One follow-up question, if I may. Thank you. Mr. Bellows, just to be perfectly clear then, a site plan of some type was required in 1982 as to this property? Page 51 March 25, 1999 MR. BELLOWS: Definitely. If they added the units in 1982, the site development plan process was required to determine setbacks, landscaping, water management. This will ensure that the project -- or the units do not encroach on the neighboring properties or cross over on adjacent properties, and that the fire distance between structures is maintained for safety. That was required in '82 when the Betancourts purchased and added the trailers to the site. MS. LOUVIERE: Can I ask -- MR. MTINALICH: Secondly, Mr. Chairman, the only other thing would be if I could move into evidence Mr. Bellows' resume as Exhibit C for the county. CHAIRMA/W FLEGAL: I have no objection. MR. SPILLER: No objection. MS. LOUVIERE: Can I ask you a question before you leave? This is a very complicated issue. I mean, the fact that we have no permits, I understand that. That's the tip of the iceberg. What -- and this is really just for Mireya's information, then you guys can make your rulings. What's the zoning on these parcels right now? MR. BELLOWS: Village residential. MS. LOUVIERE: So the zoning is in place? MR. BELLOWS: That's correct. MS. LOUVIERE: Okay. I just wanted to make sure of that Because I noticed that when I was ' reading the long-range Growth Management Plan, it says that in the future any mobile home community that comes in is going to have to go through a subdivision process. MR. BELLOWS: Yes. Typically a mobile home subdivision where lots are sold -- MS. LOUVIERE: You put in your road, you put in your water, you put in your sewer. MR. BELLOWS: Yes. MS. LOUVIERE: So that's something -- is that a pattern that we're going to be seeing from Collier County planning staff, to actually go through a subdivision process on these~ And this is more for just my information -- ' MR. BELLOWS: Yeah, I think it's going to be -- MS. LOUVIERE: -- bear with me. MR. BELLOWS: -- taken on a case-by-case basis. In this case it's one ownership -- MS. LOUVIERE: Okay. MR. BELLOWS: -- the Betancourt family, and that the units aren't individually sold and aren't intended to be individually sold are lots -- parcels of land individually sold. So we're doing this through a site development or site improvement plan, which is for multi-family t}~e housing. MS. LOUVIERE: I just -- CHAIRMAN FLEGAL: I think at this point for my own personal standpoint, I have no doubt that we have a violation. I'm sorry, I there's no doubt that we're in violation. There's no permits. I don't see it any ,)ther way. I understand quality of life and everythinc, but you don't have any permits and I'm sorry. - So feeling of the other board members. Do we have a violation? MS. SAUNDERS: I believe we have a violation. MS. DUSEK: Yes. MS. LOUVIERE: Yes. MR. DELANEY: My feeling, a violation with a comment. Our only Page 52 March 25, 9 course, of course, is a fine. That's our only instrument that we have. But I'd like to always do good if -- I can see where a fine at this point would help. On the other hand, if we don't do something, it's going to go along. That's my feeling. I make a motion that we vote to find a violation, and then decide what we want to do with the fine, whether to impose it -- would it do any good? In reality, if the tenants that -- the people that own the trailers just leave it, I know what's going to happen, it's going to sit there, it's going to deteriorate. I want to see something done to the positive. I don't have any answers. I'd like for Mr. Spiller to tell me that he would move forward towards upgrading and getting permits or whatever you can do. MR. SPILLER: Here's the relief that I've asked for, and perhaps I didn't style in the correct manner. MR. DELANEY: As short as possible. MR. SPILLER: Right. What I'd like the board to do is make your findings, if that is what the evidence compels, a violation, and defer a decision on what punishment is going to be imposed until I have had my opportunity with the Board of County Commissioners to obtain some relief to put some economic reality into the housing market of Immokalee. If we were to go through the process that the county staff has described today, there are virtually no housing units that would remain in Immokalee. MR. DELANEY: Can we just vote on what you made? MR. SPILLER: Correct. MS. LOUVIERE: Ail I want to say for the record, before you vote, is I do know that there's some, you know, substandard housing, you know, trailers in Immokalee. And what happens is when they want to replace those trailers, then they have to go and improve the whole entire site. And I know that keeps them from going ahead and replacing those trailers. I think that I would like to see -- and we cannot rule on that today, okay? This board does not have that authority. And you are going to go to the Board of County Commissioners, and that is part of our hearing process anym:ay. They're the ultimate zoning board. So whatever we decide you can appeal it to the commissioners. I would like to see some sort of instrument where we can bring the substandard housing that the trailers that exist in there -- maybe one at a time, instead of having to address the whole entire site. Because I think maybe we could get more people to take out the horrible trailers, the ones that are in really bad shape. MR. SPILLER: I think -- Ms. Louviere, you've proffered -- perhaps heard the phrase in your capacity at the Chamber, move it and lose it. And that's what this situation is. If that old dilapidated trailer is moved, you've lost the opportunity to put another one on it because of this umbrella that exists over there. And that's what I'd like to have the chance to address to the Board of County Commissioners. MS. LOUVIERE: I think there's a win for everyone. I think that we have to bring them up, we have to make them better. And I think that we're all intelligent people and we have to find a solution to address this. CHAIRMA~ FLEGAL: When do you plan, Mr. Spiller to go to the County Commissioners? ' Page 53 ~4a rch 25 9"- MR. SPILLER: I attached to my motion to continue that I shared with counsel for the county, as well as the board, my letter to the administrator, which I intended to deliver upstairs before the meeting today, asking to be placed on their agenda for April 13th. CHAIRMAN FLEGAL: Okay. That's the date I'm looking for. MR. MItNAL!CH: Mr. Chairman, we need to remember, however, then the 13th, my recollection of public petition process is no action is actually taken at that. It is referred for review or non-review, depending on the Board of County Commissioners, discretion So we're not looking at a resolution on the 13th. CHAIR~LAN FLEGAL: I understand that. I just want to know when he plans to go there so it gives me an idea so that I can at least throw my thoughts out to the board as to what we might do. MR. MANALICH: The other think we -- I think Ms. Arnold would like to express staff,s position is to what -- if findings were made what should be the compliance order. , MS. AP~NOLD: It sounds as though that Mr. Spiller is requesting that no fines or anything be imposed at this time. I feel that we you have the ability to impose fines at this time, and based upon whatever the board's decisions are, you can modify your fines at a later date. If you don't impose fines today or, you know, don't do anything in terms of the imposition of that -- or ordering that the problem be corrected, I'm not sure how we can come back and then amend the order to impose fines, so -- MR. SPILLER: I'll make it easy for you. I'll stipulate that that can be done. MS. ARNOLD: Well. MR. SPILLER: It's kind of like in the criminal case where the defendant pleads guilty on Monday and he comes back 90 days later to get his sentence. And that's what i'm asking for MR. DELSEY: 90 days? ' MR. SPILLER: I use that for an example in a criminal case know that's not going to get it. . MS. SA~qDERS: Mr. Chairman, if I may? CHAIRMu~N FLEGAL: Yes, ma'am. MS. SAUNDERS: I was going to try and make a MS. LOUVIERE: Motion. MS. SAUNDERS: -- motion, thank you -- that we find -- have a finding of fact regarding Code Enforcement Board case 99-026, 99-027 and 99-028 concerning lack of permits. That's the first motion. MS. LOb~IE~E: That's what we have before us. MS. SAUNDERS: That's correct. That's it. I mean, that's the first thing I think we have to decide. MS. LOUVIERE: Okay. MS. SAUNDERS: Is there a second. CHAIRM_n2~ FLEGAL: Do I hear a second on the motion that there is a vJolatJon on all three case? MS. TAYLOR: I'll second that. MR. PONTE: I'll second that. CHAIRMAN FLEGAL: Any discussion? Okay. Ail those ~n favor that t].~re is a violation ignify aye. , ~ b}' saving Any opposed? (No response.) CHAIRMJZN FLEGAL: Okay, we're now agreed, there 11 three. a~e violations on Page 54 March 25, 1999 Any discussion as to what we should do about the violation? MR. LEHMAN: Mr. Chairman, my concern with all these fines -- and Michelle Arnold brings it up all the time, and she brought it up succinctly today again -- my concern is that we do not lose the ability to impose a fine, should we need to. And again, it is not our desire as a board to impose a fine unnecessarily, it's our desire to accomplish the task, which is compliance. My concern is -- I should rephrase that. I think the board ought to impose a fine, simply because we have the authority at a later date to rescind that fine or to waive that fine. We do not have the authority to impose a fine at a later date. So I think we need to impose a fine to reserve that right to be able to waive it later on if the respondent is compliant. So at least we do not lose that ammunition. CHAIRM~tN FLEGAL: One of the things -- MR. LEHMANN: Just a comment to the board. CHAIRF[AN FLEGAL: Part of your statement is correct, if we did the order correctly and we could give them some time What we can't do is ever increase a fine. MR. LEHMDd%rN: That's correct. CHAIRMAN FLEGAL: But we could, as I understand it, and Jean can tell me if I'm wrong, we can come back and amend the order to impose a fine if they don't comply with what our order says by a specific date. MS. RAWSON: You could do that. You could make a finding of facts that a violation exists and then continue the case to another date to impose a fine or decide what to do. You could impose a fine today and give them a proper length of time to rectify the situation before the fine actually went into existence. You could impose a fine today to start 30 days from now and then come back and change your mind and waive the fine later. I mean, you have a lot of alternatives. CHAIRMAN FLEGAL: That's the way I understood it. MR. SPILLER: And my input on it again is that I would just like you to stop at this point, let me go to the County Commission. I'm out there and I'll be subject to a telephone call from anybody that wants to get notice out to me. I'll take telephone notice as opposed to certified mail notice to come back. But I don't want to have a time period put on it, because I ~~ the process is the County Commission decision, direction of staff and we don't know when the s~aff would respond. ' When the staff does respond back to the commission, and if I've prevailed, then I think we can address that by a subsequent hearing. And if I have not prevailed, then we would be here before you to receive whatever your punishment decision is on the fine. MS. TAYLOR: What makes you think that the commissioners are going to allow this to happen? They're trying to improve the image of Immokalee. Why would they allow a trailer court to be unpermittable (sic). Why would they allow this? MR. SPILLER: Ma'am, it's not a question of they're not unpermittable. Now, we have -- we've seen a few pictures of these trailer parks, and they certainly do not equal what you would find in the trailer parks of Naples. But in the market that exists out there, those trailer parks provide a housing need. There's no doubt of that. The option is for these families to go into what's called flop houses, which are nothing but stacked bunks, in which a person has less than 50 square feet to live in. That's the option. And I think Page 55 Marc}: 25, 1999 that's a political decision that the County Commission will be forced to make when this issue is brought to them. Here's a situation in which we have now looked at the possibility of avoiding continued fine by removing those trailers, and as a consequence, three people, three families have been displaced. The}' have no place to live. If that is going to occur, then it needs to be a decision by the Board of County Commissioners to force that upon those families. I don t think they will. ' MS. TAYLOR: Excuse me, landlords in Immokalee }]ave been making a killing for years on these people, and they've been getting away with murder over there. Now it's time that we put our foot down and say enough is enough and make everybody follow the rules exactly. MR. SPILLER: Ma'am, I know that you've heard that argument made in the newspaper, but I would disagree with it. MS. TAYLOR: Well, you can disagree all you want to but MR. DELANEY: Mr. Chairman, we need to settle is it a fine whether to impose it or not. CHAIRMA2{ FLEGAL: And how long you would like it before it goes into effect. ~-nybody have any suggestions? MR. PONTE: I would like to suggest that we hold off on the actual imposition of a fine for 90 days, and let us see at that time, get a report on what the progress has been and what the story is going on with the commission. We have -- we've found that there is a violation, and I think nothing really can be served by just putting in a fine and having it run too soon. So I think 90 days and then let s find out where we are. - ' MR. 5iANALICH: Mr. Chairman? CHAIRMAN FLEGAL: Can we lower that to 60? MR. MAI~ALICH: On behalf of staff, just in response, you know, we certainly understand Mr. Spiiler's comments about socioeconomic considerations here, but on the other hand, our consideration is we think you should go ahead, enter an order today. You can give a compliance period, but provide that at the end of that period, whatever you deem reasonable, there has not been compliance either through the legislative process or in the field that those fines begin to run to provide the catalyst to have change out there. Our concern is when you have an unpermitted situation, you don't know what you're dealing with. I mean, to what extent do we have safety concerns, you know, all of those things come into play MS. ARNOLD: Yeah, the -~ ~ ' MR. LEHMAD'N: Ms. Arnold, do you have a time frame that you're looking at for compliance? MS. ARNOLD: I don't know. MR. MANALiCH: Well, it was -- I think in the packet was mentioned 45 days. No fines to run before then. I mean, if you wanted to work with that or expand that slightly, you could do that, too. But the point would be that there would be some motivation to have something done down the road here. CHAIRMAN FLEGAL: I would like to throw out for the board to consider, I'm thinking of some time and a fine. My idea would be this is March, April -- at our May board meeting, that may work out to not quite 60 days, something less than 60 days, I don't know without a calendar. But any~'ay, our May meeting, whatever that date is, that this item be resolved by the Betancourts, either to have permits or remove the -- whatever, get permission from the County Commission. If that does not occur, I think a fine to see that something is Page 56 March 25,J.~999 .... ~ ..... done should be based on the longevity and the knowledge of what's been going on for the past year, severe. And my recommendation would be because we can lower it, $250 a day on each case. MS. ARNOLD: That would be a May -- CHAIRMAN FLEGAL: You have roughly 60 days, and if it doesn't occur then it's $250 a day under 026, 027 and 028. MS. ARNOLD: That would be May 27th hearing. CHAIRSt~N FLEGAL: May 27th is the next meeting for us? MS. ARNOLD: Yes -- no, that would be the May meeting. CHAIRMAN FLEGAL: The May meeting, all right. MR. SPILLER: Could I provide some practical input upon that before it's further discussed? We have two impediments in accomplishing that May day. Number one is getting an action from the County Commission, a reaction from the county staff, back to the County Commission. And that is literally -_ they agree with me on April 13th, the staff responds before the next commission meeting, and the staff -- the County Commission makes a decision at their May meeting prior the 27th hearing. And that may not happen. CHAIRMAN FLEGAL: I understand all that. MR. SPILLER: The second impediment that we have is if the Betancourts were to initiate the process tomorrow morning of site development improvement or -- excuse me, site development improvement or site development, we have a major boundary conflict that will impede the process itself. And I don't think that a good faith effort by them will overcome that. I don't think their best efforts will overcome it. And I think before you decide on the amount of fine, you need to be informed as to their efforts to obtain a site improvement plan before you decide the amount of it, because you, I think, would be making a decision prematurely as to their efforts of compliance before yOU impose a fine. And that's why I'm asking for a deferred fine. CHAIRMAlq FLEGAL: Well, I understand all that. MS. LOUV!ERE: We have a motion. CHAIRMAN FLEGAL: If we do what I recommend or what someone else recommends, you must understand that come the May 27th meeting, if there are some overriding circumstances, because that's the date the fine would start, you are more than welcome to come before this board and say excuse me, the fine's supposed to start today, but -- and this board can decide to defer the fine to a later date. I under -- we have that ability. So we can move it. But we need a date to do something so everyone that's involved needs to understand that there is some penalties. You can go to the county staff and say look, I'm about to get hammered unless you help me here. I sincerely doubt that these people are not going to try to do their best to help you. If they are, then they're not what I think the county employees are about. MR. SPILLER: Well, I can assure you that I've had full cooperation -_ CHAIRMAN FLEGAL: Right. MR. SPILI~ER: -- in our open discussions to date. CHAIRMAN FLEGAL: That's what I'm saying. They're not going to purposely ignore you so you can get fined. ' MR. SPILLER: But I think what you've addressed has satisfied my concern. I was looking at a drop dead date of May 27th. CHAIRMAN FLEGAL: There is a drop dead date, but you have the right to come back before the board and present your circumstances and Page 57 ]5H2 .i .' March 25, Z999 sa}' these are very extenuating, can you help me, and we'll decide then should we give you another "X" or say no, it starts today, have that ability. We MR. SPILLER: That's fine then. And the last thing I would ask, and I think it is inferred from all our discussions of today, if those three trailers are removed from their site and not replaced, are we out of this case without a fine? CHAIRMAN FLEGAL: I can't answer that when I read the section it has the word move, so to me, if you move something, I don't know, I don't work there. MR. SPILLER: I understand that. And I'm not asking for a reinterpretation of the code. I'm merely indicating that we would lose trailers off that trailer park tomorrow, and the event of the 27th doesn't happen or does happen have we avoided a fine as a consequence? ' CHAIRMAN FLEGAL: I don't know how to answer your question because I'm not the person who issues violations. MS. ARNOLD: I'm not sure whether or not the requirement for an SIP is gone, because they've kind of triggered that whole process by doing the activity on those parcels. MR. LEHMA/YN: I think that needs to be brought before the board for us to review at that meeting, or prior to that. MS. ARNOLD: I'll ask for clarification from the Planning Commission. MR. SPILLER: Just like the gentleman before us this morning had trash on his lot and he was given three days to remove the trash or the fines would begin. Same analogy we remove the trailers to avoid the fine. MR. LEHMANN: Again, my concern with that is that we have two situations here: We have the trailers that were originally found out, but in essence, we have a condition that was unknown until these trailers can be moved. So my concern is we take care of the condition, the overall condition. CHAIRMAN FLEGAL: Okay. MS. ARNOLD: And I will MS. TAYLOR: Mr. Chairlnan? MS. ARNOLD: -- bring back clarification at that meeting as well. CHAIRStAN FLEGAL: Thank you, Michelle. MS. TAYLOR: I would like to make a motion that the Collier Enforcement Board or the respondent to obtain site improvement plans and require Collier Count}, permits and Certificate of Occupancy for the mobile homes within 60 days, or remove the mobile homes question, or a fine o[ $250 per mobile home per day be imposed fo,- every day the violation continues to exist. MR. PONTE: Are you talking of the three mobile homes or all the mobile homes? . MS. TAYLOR: The three. MS. RAWSON: Well, right now you're only dealing with these three cases, 26, one mobile home, 2'7, one mobile home, 28, one mobile home. MR. LEHMANN: A comment basically is that I think our motion should incorporate the entire project itself, as opposed to just these three. I don't know if we can do that. CHAIRMAN FLEGAL: If they get the site development plan and the building permits, as I understands the staff, it will automatically encompass everything else on those three parcels because MR. LEHMANN: The [notion was worded so it gave an either/or Page 58 March 25, 1999 situation. MS. LOUVIERE: That's right. MR. LEHM3~JN: Either get the SIP or remove the trailers. CHAIRMA/q FLEGAL: Well, if they remove the trailers, then they've abated the problem, because then all the trailers would disappear from these three parcels and we don't have a violation Do I understand that correctly? · MS. RAWSON: You are saying that correctly. That doesn't mean that they can't bring another one to it. CHAIRMA2~ FLEGAL: Another violation against the other parcels. MS. RAWSON: And in answer to your question, you can't do something that's outside what you've given them notice that their violation is. CHAIRMJLN FLEGAL: Right. MS. RAWSON: You already have a notice of violation for three trailers. CHAIRMILN FLEGAL: Correct, you can't expand it. MR. SPILLER: But the economics, the cost of the plan, the form of it, we're not about to do that twice. CHAIRMJ~N FLEGAL: Yeah, correct. Okay. I don't have any problem with Ms. Taylor's motion. We're talking about the three, 026, 027 and 028, which is one trailer each, 60 days, $250 each if you don't comply by the 60 days. Any comment on the motion? that? Do I hear a second on MR. DELA/qEy: I'll second. MR. PONTE: I think we've got a very large issue THE COURT REPORTER: Excuse me, who seconded the motion? MS. LOLrVIERE: Mr. Delaney. MR. DELANEY: I seconded the motion. CHAIRMA/~ FLEGAL: We have a motion and a second. A comment? MR. PONTE: Yes, I'd like to comment. I think we have a very large issue here, and we're just looking at the tip of the iceberg. And that the motion is -- doesn't recognize the enormity of the issue that we're looking at. And I think that -- and I strongly suggest that we find that the -- there is a violation, and that we hold off on imposing any fine until Mr. Stiller has had a chance to talk with the County Commissioners and we know what our next step is. I think imposing a fine at this point is premature. The issue is much larger than these three trailers. CHAIR~uXN FLEGAL: Unfortunately, the -- MS. LOb~IERE: We ]]ave a motion and a second. CHAIR~U~N FLEGAL: -- the violation is against these three trailers and we can't expand the violation. We're sanctioned by the three separate violations, which are the three trailers. MR. PONTE: Mr. Chairman, I'm not suggesting that we expand it. I'm saying we find the violation -- that a violation exists and we hold off on imposing a fine for a period of time, 60 or 90 days, until we've had a chance to hear from Mr Spiller what has happened is going on -- ' -_ CHAIRMA~N FLEGAL: As I understand, that's the motion, 60 days. The motion is 60 days before the fine kicks in. And he has the right to come back and tell us that it's something that's extenuating if he wants to push it back further. MR. DELkNEY: I'd like to comment. CHAIRM/~N FLEGAL: And we }]ave a second. ~<R. DELANEY: The reason I'm seconding it, making a second to it, Page 59 March 25, 1999 is that it's the only tool we have to ensure that they move forward. I'm like you, it's a tremendous problem, and we're not going to solve it overnight. But if he can come back and say yeah, we have taken steps -- if we don't impose it now or start it running in 60 days, I think 60 days from now it's apt that nothing will be done. So that's my position for saying that he can come back in 60 days and we can extend it. MR. SPILLER: Let me throw one thought out if I could And I think it CHAIRM]kN FLEGAL: Excuse me, we have a motion and a second. Let us do something about it. And we've had some comments. ~knybody else have a comment? MS. SAUNDERS: Yeah. What I think we're all trying to do is get the Board of County Commissions to discuss this problem. So if our motion has in effect 60 days, $250 fine per trailer, or until the Board of County Commission begins action on this matter, at which time MS. LOUVIERE: Could we know? CHAIRMAN FLEGAL: That kind of leaves it open, and I don't know that we would want to -- MS. SAUNDERS: Ms. Rawson, can we do something legally that MS. RAWSON: I wouldn't suggest that you -- CHAIRMlkN FLEGAL: I wouldn't either. MS. RAWSON: -- do that. And then you have the problem of whichever first occurs, whichever last occurs. I think you need to put a -- if you're going to impose a fine today, you need to put a time limit when it starts. You need to give them whatever days, rather than leaving it up to when the County Commission acts. CHAIRMAN FLEGAL: I agree. And we have the -- did you specifically say 60 days, Ms. Taylor? MS. TAYLOR: I did. CHAIRMAN FLEGAL: Could we -- we have a second on it, so I would like to use a specific date. But 60 days will work. MS. ARNOLD: It would work out where we would -- CHAIR~L~N FLEGAL: Will we meet before or after the 60 days? MS. ARNOLD: If you put in 60 days, then we would have to provide additional notice after that. if you do a time certain -- CHAIRMA2q FLEGAL: Notice for what? MS. ARNOLD: For the hearing. Because we have to verify whether or not compliance after that 60th day. MS. P~AWSON: Why don't you say May 27th? CHAIRMAN FLEGAL: Okay. That's what I was going to ask if we could use that date. , MS. TAYLOR: I will change that in my motion from 60 days to May 2 7 th. CHAIRMAN FLEGAL: Okay, thank you. MR. LEHMANN: May 27th is date of our next CHAIRMAN FLEGAL: Our next meeting. MR. LEHMANN: Do we not need to have staff's verification prior to our next meeting? CHAIRMAN FLEGAL: They'll do it when they write up the executive summary, I'm sure, and tell us what's transpiring. MS. ARNOLD: Excuse me, I didn't hear what the question was. CHAIRMAN FLEGAL: He's worried about how you're going to tell us before we get to the meeting of what's been occurring. MS. ARNOLD: Yes, we would notify you in the executive summary. Page 60 ! March 25, 1 '' CHAIRMAN FLEGAL: Right. Okay, we have a motion and a second, May 25th. If that doesn't occur -- MS. LOUVIERE: 27th. CHAIR~uAN FLEGAL: Or 27th, I'm sorry. If that does not occur $250 per day per parcel. ' All those in favor, signify by saying aye. Opposed? MS. SAUNDERS: Opposed. CHAIRMAN FLEGAL: Ms. Saunders posed. The ayes have it. Mr. Spiller, I think we're concluded, unless you'd like to have a last comment. MR. SPILLER: No, I know what my task is in front of the County Commission. CHAIRMAN FLEGAL: Good luck. MR. SPILLER: We have the next case. I have a suggestion, i have a suggestion. CHAIRMJtN FLEGAL: Do you need some time? We need to take a break for our court reporter, so let's take five minutes and then MR. SPILLER: And I'll talk with the two attorneys and see if we can't facilitate. CHAIRMJtN FLEGAL: Okay, terrific. (Recess.) CHAIRM~AN FLEGAL: All right, ladies and gentlemen. Case no 99-030, the Barnharts. Staff? MR. MANALICH: Mr. Chairman, this is a case, the same types of allegations as the previous ones you heard regarding unpermitted trailers, but obviously Mr. Spiller will argue, I think quite strongly, that the circumstances are different. But in any event, I think he has a motion for continuance on this one, as well as the previous one. Perhaps that is the first item. MR. SPILLER: Right. The motion itself is different in the written form that I gave Ms. Rawson in the County Attorney's Office. It differs only in the style of the case. However, to further inform the board about the motion to continue, in this instance, there is serious doubt, and there will be significant evidence being presented as to whether or not there was a violation. And I would anticipate that we're going to require considerable time to put on evidence as to a violation. The policy arguments that we made in the past need not be repeated. MR. MANALICH: FrOm our perspective, Mr. Chairman, members of the board, you know, we can make our presentation pretty lean We have two witnesses. ' CHAIRMAN FLEGAL: Any member of the board having read the paperwork given to us pro or con on a continuance? MR. DELANEY: I'd just as soon -- if we can make a judgment now, I would just as soon continue. Because of the time fine or what's the reason for continuance? I'd just as soon sit through it and do what we can. MR. PONTE: I'd say we just continue. Not a continuance, clarification, that we just continue forward. CHAIRMAN FLEGAL: To disallow a continuance. MR. PONTE: I make a motion that we disallow a continuance. CHAIRMAN FLEGAL: We have a -- Page 61 March 25, 1999 MR. DEL~EY: Second. CHAIRMAN FLEGAL: We have a motion and a second to disallow a continuance. All those in favor, signify by saying aye. Any opposed? (No response.) CHAIRMAN FLEGAL: Sorry, Mr. Spiller. MR. SPILLER: McDonald's will miss me. CHAIRMAN FLEGAL: Staff. Yes, ma'am. MS. CRUZ: Thank you, sir. Case no. 99-030, Board of County Commissioners versus Juan and Veronica Barnhart is here before this board. The staff has prepared a packet and has provided this packet to the board, to respondent and to the court reporter. I'd like to request that this packet be admitted into evidence, if there's no objection from the respondents, representative and also mark this Composite Exhibit A. ' MR. SPILLER: As I indicated earlier, there was a typo in the style of the case. It was case no. 99, not 98. If everybody wants to make that pen change to theirs, I'll write it down on mine. MS. CRUZ: That's on Pages 1 and 4. CHAIRFLAN FLEGAL: So noted without objection. Other than that, they are entered. MS. CRUZ: That's it. MR. MANALICH: The county would call as its first witness Mr. Dantini. (Mr. Dantini was duly sworn.) MS. CRUZ: Excuse me, Mr. Chairman, I need to add a couple more items regarding this packet. Just the -- the notices we're provided again certified mail, also posted at the subject property, and at the courthouse. CHAIRM/tN FLEGAL: Thank you. MS. CRUZ: Thank you. MR. MANALICH: Your name, please? MR. DANTINI: Gary Dantini. MR. FLANALICH: Mr. Dantini, are you employed as a code enforcement investigator for Collier County? MR. DANTINI: That's correct. MR. MA/gALICH: }{ave you investigated case no. 99-030? MR. DANTINI: That's correct. MR. M3kNALICH: }{ow did your attention come to this case? MR. DA/~TINI: We were informed by the post office, one of [he postal carriers had talked to our planning department up in Immokalee stating that there were two new trailers being installed on Alamo Drive. MR. M~4ALICH: Have you prepared for today's hearing for iljustration to tile board a map of the area? MR DA/gTINI: Yes, I have. MR MA/~ALICH: Is that being currently exhibited on the screen? MR DANTINI: Yes, it is. MR FLANALICH: What is your source for that map? MR D~NTINI: It was addressing. MR MANALICH: That's county department? MR. DANTINI: County department. MR. MANALICH: One of their records? MR. DANTINI: Yes, in the records room. MR. MIkNALICH: Now, would you please explain, using that map, the location of the trailers that are in question in this case? Page 62 March 25, 1999 MR. DANTINI: The approximate locations are the two dark trailers right here. And when I first noticed these trailers, they were sitting over here, approximately right over here in these parcels right there. That's when I first noticed the trailers. And that's what the initial complaint was received MR. M;LNALICH: about? MR. DA/~TINI: MR. MANALICH: time, apparently? MR. DANTINI: MR. MA=NALICH: MR. DA/~TINI: MR. MA/~ALICH: Yes. Were those then subsequently moved at a later Yes. And where were they moved to? They were moved back to the locations, right here. Had any changes occurred on the location where the two on the screen there, the two dark trailers, currently are now? MR. DD~NTINI: Yes. In this area right in here, they had done some grading and fill to eliminate some water problems that they had. And also, they had taken down two or three large Australian pines. MR. MA/~ALICH: Did you determine whether the trailers themselves had been changed? MR. DANTINI: No, the trailers had not been changed. MR. MANALICH: Are these trailers hooked up for utilities? MR. DANTINI: Right now they are. But they're not tied down. MR. MANALICH: Are there additional trailers in the area that you believe are in violation? MR. DANTINI: Yes, I also noticed there were nine other trailers on the property in all, so -- MR. ~tANALICH: Are those in that same colored area in the map? MR. DANTINI: Yeah, these are just rough estimates where they're at sitting on the property right now. They're showing 10. One was removed later on. There was a total of 11 and -- when the time I first saw it. Now there are 10. MR. MA/~ALICH: Okay. Did you take the pictures which are found in the exhibit package between pages 12 and 157 MR. D~LNTINI: That -- yes, I did. MR. MA_NALICH: And those pictures depict what? The site that you've just described, as well as the trailers? MR. D~NTINI: Yes, it shows where the trailers are replaced -- were put back, and also, the vacant area where they were taken out of, showing the work that was being done. Are any of the trailers at that site tied down at MR. M~ALICH: this time? MR. DANTINi: MR. MA~NALICH: approaching? MR. D~UNTINI: MR. M3LNALICH: None of them are. Is that a concern with hurricane season Very much so. Based on your inspection of the property and the trailers you observed, did you issue a notice of violation? MR. DA/~TINI: Yes, I did. MR. MA/qALICH: And is that found at Page 7 and 8 of the evidence package in this case? MR. DANTINI: Yes, it is. MR. MANALICH: Okay, could you please explain to the board the violations that you cited and why? MR. DANTINI: Okay, the first one was 91-102 amended for building codes not having building permits -- excuse, not building code, not having a building permit. And 91-102 amended for illegal land use. Page 63 1 -5H March 25, 1999 MR. MANALICH: Can you explain that one a little bit? MR. DANTINI: Without the building permits, they're not allowed to place a trailer or any structure on the property. MR. MANALICH: Have you had any discussions with the respondents about compliance in this matter? MR. DANTINI: Yes, I have. I've had numerous conversations with the Barnharts. They also informed me that they felt that when they bought the property that this was grandfathered in. Went to the they told me that the bank had told them this. I went with Mrs. Barnhart down to the bank and went to -- and saw one of the bank officers who produced the documents, but there was nothing on their documents that stated that anything was grandfathered prior to them purchasing the property. MR. MulNALICH: Is, in addition to a building permit, an SIP apparently required for compliance?' MR. DANTINI: Yes. On this side I had talked to our planner, Ross, who also informed me that there are way too many mobile homes on this site for a half acre site. There should only be four, and there's 10. MR. YUtNALICH: Have you recently reinspected the property? MR. DA/WTINI: Yes, I did, yesterday. MR. MTZNALICH: 7tnd what did you find? MR. D~TINI: Again, that the trailers were not tied down. I also had -- looking at the safety and welfare of the tenants, if you can see -- again, I'm not an expert at being an electrical person, but I do know that you're supposed to have at least a cover over the electricals, and there are five trailers on one meter. MR. MJtNALICH: Is that from the property that's -- where is that picture taken? MR. DfuNTINI: That's -- that is approximately on this approximately right there is where the meter is for that. MR. ~LANALICH: No other questions, thank you. CHAIR~tn~N FLEGAL: Any member of the board have any questions for Mr. Dantini? MR. SPILLER: If I might? CHAIRMAN FLEGAL: We need to have Mr. Spiller sworn again, please. (Mr. Spiller was duly sworn.) MR. SPILLER: You indicated that the site was only one acre? MR. DANTINI: Half acre, approximately. MR. SPILLER: And how did you make that determination? MR. D;tNTINI: It's on the legal description. MR. SPILLER: And that's the one attached to the warranty deed? MR. DD~NTINI: No, the one I received is off the legal descriotion we get off of our computer from legal records. MR. SPILLER: Did you compute the amount of acreage that's contained in the legal description, Page 17 of your exhibit? MR DD_NTINI: No, I did not physically compute it. MR SPILLER: Do you know how to do that? MR DB/WTINI: Yes, I do. MR SPILLER: You take the 123 feet dimension that's set forth there s~x times, multiply that six by six times by 50 to come up with the square footage. Have you done that? MR. DANTINI: You take times times to equal. MR. SPILLER: Right. Have you done that? MR. DANTINI~ Not on this particular piece of property. Page 64 March 25, MR. SPILLER: Now, let's look at each one of the photographs. Go to page 15. Was that the new sited trailers or where they were temporarily stored while the site was -- MR. DANTINI: That's the new site. MR. SPILLER: And Page 14, is that the site without the trailers will while the tree was being removed? MR. DANTINI: Excuse me, this is further down on 15 there. The -- you're talking about on 8-6-98, 147 That's the site without the trailers there, yes. MR. SPILLER: Now what is 15 again? MR. DANTINI: Okay, it looks like that was after they put the trailers back in. MR. SPILLER: And site -- Page 13, what is depicted there? MR. DARWTINI: Those are pictures that I have taken recently of the trailer -- one of the other trailers on the site to the left of the -- MR. SPILLER: Page 12, that's the second trailer? MR. DANTINI: Right. That's to the right of 13. MR. SPILLER: Now, you mentioned going to the bank and looking for the grandfathering document. MR. DANTINI: I didn't look for it, Mrs. Barnhart was trying to point it out to me. MR. SPILLER: What is a grandfathering document? MR. DA_NTINI: I have no idea. But I was giving Mrs. Barnhart the courtesy of seeing what she wanted. MR. SPILLER: Do you know that grandfathering means that a site is not required to comply with code because it was in its current condition before the code went into effect? MR. D~TINi: Yes. MR. SPILLER: Did you know that this trailer pazk had existed since 19557 MR. D~TINI: I couldn't tell you as far as the total length of time on it. MR. SPILLER: And do you know whether or not if it existed since 1955 that it would be grandfathered? MR. DANTINI: Couldn't tell you that. Once they improve the property, it doesn't make any difference whether it's grandfathered or not grandfathered. It throws that out. MR. SPILLER: Is your concept that the removal o~ the vegetation was the improvement that eliminated the grandfathering? MR. DA/~TINI: Taking the trailers off the site? MR. SPILLER: And then putting them back. MR. DANTINI: And then putting them back without tying them down also. MR. SPILLER: What is your legal reference for that? MR. DA/qTINI: You want to say that again, please? MR. SPILLER: What is your legal reference? What is the court decision or the county code provision that provides that definition or are you just -- ' MR. DA/~TINI: Well, any time that property is improved -- MR. SPILLER: No, I didn't ask you that. I said what is your legal reference for that? MR. DANTINI: Okay. It's under the building permit. 2.7 6 section one and section five. MR. SPILLER: What within section one? MR. DANTINI: Well, first, that no building permits should be Page 65 March 25, 1999 issued without written approval plans submitted to con£orm to zoning regulations and other land development regulations. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist without first obtaining authorization of the required building permits. term?MR. SPILLER: Are you looking at the "moved" as the operative MR. DANTINI: Well, that would be a good indication. MR. SPILLER: Going to paragraph five of the ordinance, you see the words there no side work removal or protective vegetation grading or improvement or construction shall be commenced. Are you suggesting that upon the facts that you've narrated to the board that there has been a violation of sub-paragraph five? MR. DANTINI: The part that you just said at the time? There was a violation, yes. MR. SPILLER: What was that? MR. DANTINI: Site work. MR. SPILLER: What was the site work? MR. DANTINI: The grading and filling in of the property, leveling out the property. Yes, I know they received a permit after the violation. MR. SPILLER: Okay. And I'll show you two documents and ask you if you would recognize that those are the permits for the site work that you re-sited. MR. DANTINI: Yes, I noticed those earlier. MR. SPILLER: You see now that there have been mere permits issued by the county for the site work? MR. DANTINI: Pardon me? MR. SPILLER: You see now that there have been permits issued for the site work that you claim is a violation? MR. DANTINI: Just for the grading, yes. MR. SPILLER: Only the grading? MR. DANTINI: That's all. MR. SPILLER: Let's look again, if I could. Do you see the I'll mark these as an exhibits. We'll call this Respondents, Exhibit 1. Do you see that the title of it is vegetation removal and site filling permits? MR. DANTINI: Uh-huh. MR. SPILLER: Does that cover the removing of the tree? MR. DANTINI: But they didn't need one for the tree. MR. SPILLER: Do you see what will be marked now as Exhibit 2 entitled exotic vegetation removal permit? MR. DANTINI: Uh-huh. MR. SPILLER: Would that cover the removal of the Brazilian peppers, if there were any? MR. DANTINI: Yes. MR. SPILLER: Would you agree that the permits that exist for the work, site work that was done on that lot of the grading and the vegetation removal were permitted? MR. DAJ4TINI: Yes, at this time. MR. SPILLER: So your only suggestion to this board is that they find a violation because the permits were obtained after the fact? MR. DANTINI: No, it was on the building permit of the trailer, not the site work or the removal of the Australian pines. MR. SPILLER: The violation notice was to obtain all -- MR. DANTINI: -- necessary permits. Page 66 March 25, 1 MR. SPILLER: -- all necessary permits? MR. DANTINI: Right. They did get the permits for the grade work. MR. SPILLER: No further questions. CHAIRMAN FLEGAL: Anybody have any questions for Mr. Dantini? MR. MFuNALICH: Mr. Chairman, just briefly, just a couple of follow-up questions to Mr. Spiller's questions. Really the only question I have is you were shown those two permits. Those are limited, as I understand them, to site work and vegetation removal; is that correct? MR. DANTINI: That's all. MR. MANALICH: They do not legitimize or legalize any trailer that is there without permits? MR. DANTINI: It's not a building permit, no. MR. MANALICH: Thank you. CHAIRMA~ FLEGAL: Thank you, Mr. Dantini. Mr. Spiller, I have a question for you. MR. SPILLER: Yes, sir. CHAIRMIZN FLEGAL: Does your client have permits for these trailers? MR. SPILLER: Just a second. MR. FUtNALICH: While we're waiting, Mr. Chairman, I'd like to move into evidence the map Mr. Dantini prepared for which he's testified. CHAIRMA/W FLEGAL: Mr. Spiller, do you have any objections? MR. SPILLER: No objection. CHAIRMAN FLEGAL: So moved. MR. SPILLER: The answer would be -- and I'll present it through her testimony also -- the trailer park was in existence since 195~. She knows that from her youth in Immokalee. That she and her husband have recently purchased the property, and she has not personally obtained permits for the trailer. Now, as to whether permits existed prior to her purchase, she is not aware of that. MS. DUSEK: Mr. Chairman, I have a question. CHAIRMAN FLEGAL: Yes, ma'a~n. MS. DUSEK: I'm confused about the size of the property. Did we establish -- come to an agreement on the size of the property? MR. DANTINI: I can tell you in just one moment. MR. DELANEY: Eight-tenths of an acre, if my rough calculations are right. 43,500 square feet an acre, and you've got roughly CHAIR[,~N FLEGAL: Which parcel is this; do you know? MR. D~NTINI: It's .75 acres. Half acre. MS. DUSEK: And you said that legitimately only four trailers? MR. DANTINI: According to planning, talking to planning department, only four trailers can be on that size of parcel. MR. DELANEY: If this is the legal description. MR. MANALICH: .57, yeah, I'm sorry. MS. DUSEK: Mr. Spiller, do you agree with the size of the property, .57? MR. SPILLER: I'm sorry, I -- MR. DANTINI: kidding. MR. DELANEY: CHAIRMAN FLEGAL: I don't have any basis for agreeing or disagreeing. Do you know how to measure the distance? Just Is this legal description in back, is this -- Yeah, what's on the monitor now? What is this Page 67 of? March 25, 1999 MR. DANTINI: Oh, this is what we pull up off our computers to -- MS. CRUZ: From the property appraiser's office. MR. DANTINI: -- get the property inquiry to find out who the owner of the property is and the size of the property. And it gives the legal description on there. CHAIRMAN FLEGAL: And this comes from the county property appraiser's office. MR. DANTINI: Right, through the computer. MR. DELANEY: Is this a proper legal description to the property? MR. SPILLER: I would agree that it is. Ms. Dusek, to answer your question, now that I've completed my math, 22,080 square feet is my computation That's approximately 57 of 43,560. ' · MR. DELANEY: What did you come up with? I'm just curious MR. SPILLER: 22,080. ' MR. DELANEY: Size? MR. SPILLER: Square feet. And I haven't yet done the long division, that I no longer can do mentally, of dividing that by 43,560. MR. DELANEY: Well, I might be able to help you out. I get 36,900 square feet. MR. SPILLER: 123 by 6 by 5. MR. DELANEY: 123 by -- it's 300 feet, isn't it? CHAIRMAN FLEGAL: I think since the property appraiser says .57, if that's what it should be taxed on, I wouldn't try to increase my taxes. You may win on do you get a half a trailer more, but you're going to lose on you're going to pay a lot more money in taxes. Now, I guess my question is, and I understand all the arguments from the previous case which are so on and so forth, but I have to look at 276 as pretty straightforward. The word "moved". I don't know how you can connotate any other thing to that word other than you move something. MR. SPILLER: Well, if we had kept the trailers on the perceived lot and just shifted them five feet forward and back, I might have a valid argument. But we didn't. We took them off site and put them back. But I don't think that still triggers tile process that is necessary for this board to impose punishment on. CHAIRMAN FLEGAL: Well, I guess my feeling is obviously I'm assuming that staff has looked and has never found an}, permits that were issued for that site, regardless of who owned it Would that be a correct statement? ' MR. DANTINI: That's correct. CHAIRM3tN FLEGAL: Okay. And assuming that back in 1955 they didn't need any permits anyway, I'll give you that, because I honestly don't know the answer to that. But as you come forward and you have now moved something which triggered someone to look into your property, you kind of stuck your foot in a bear trap, didn't you? MR. SPILLER: Not quite. We still have Mrs. Barnhart's testimony. CHAIRMAN FLEGAL: Okay. Let me tell me why moving it MR. SPILLER: She needs to stand up, I believe, and be sworn in CHAIRMAaN FLEGAL: Yes. · MR. SPILLER: Come on up here. Before we begin her testimony, though, the grandfathering does have very much siqnificance as to the density of utilization. Page 68 March 25 1999~ CHAIRMAN FLEGAL: We're not -- you haven't been cited for density. MR. SPILLER: I understand that. But i just %{anted to make that point. MR. D~tNTINI: The violation is permits, not density. Okay. MS. ~LRNOLD: Should we go through our witnesses first prior to -- CHAIRMAN FLEGAL: Do you have more? MS. ARNOLD: We have one. MR. MANALICH: Just one more, if I may. CHAIRMAN FLEGAL: Okay. Ask her to sit down a minute. Okay, thank you, Mr. Dantini. MR. MANALICH: Ross Gochenaur. (Mr. Gochenaur was duly sworn.) MR. ~NALICH: State are your name, please. MR. GOCHENAUR: Ross Gochenaur. G-O-C-H-E-N-A-U-R. MR. MANALICH: Mr. Gochenaur, do you work for Collier County? MR. GOCHENAUR: Yes, sir. MR. MANALICH: And what is your title? MR. GOCHENAUR: I'm a planner II. MR. MIZNALICH: In that capacity, have you worked on the case that is before the board today? MR. GOCHENAUR: Yes, sir, I have. MR. MA~NALICH: And have you had any interaction with the respondent about this case? MR. GOCHENAUR: Yes, sir, I have. I met personally with Mrs. Barnhart at one time, and also spoke with her husband on three occasions on the telephone. MR. MANALICH: Have you reviewed the evidence packet that [2he county has presented in this case as Exhibit A? MR. GOCHENAUR: Yes, sir, i have. MR. MANALICH: Are you acquainted with the violation which the county is alleging? MR. GOCHENAUR: Yes, sir, I am. MR. MANALICH: Okay. Assuming that the facts which the county is asserting are true in regard to those violations, what is required to correct those violations, from your opinion as a planner? MR. GOCHENAUR: We would require a site improvement plan, as I think has been pretty well described by Mr. Bellows. The site improvement plan would also require that the area be developed to that density allowed by the code, which has been discussed here, [hat acres would allow four units on that parcel. MR. SPILLER~ I am going to object. I don't see i~ow that -- I tried to get into that, and I was told it's irrelevant. CHAIRMAN FLEGAL: Yeah, the number is trailers is not the issue, okay? MR. GOCHENAUR: Yes, sir, that's correct. CHAIRMfuN FLEGAL: These people have been cited because they didn't have permits, they weren't cited because they had too many trailers. MR. GOCHENAUR: Yes, sir, that's correct. But in order to issue the building permits CHAIRMAN FLEGAL: The two specific paragraphs that are culled out. So let's stick to that, if we could. MR. GOCHENAUR: Yes, sir. In order to issue building permits for the trailers on that lot, it would have to be in accordance with the site improvement plan. That site improvement plan could not be Page 6 9 March 25, 1999 approved at the current density; therefore, the permits could not be issued. The issues are interrelated. MR. SPILLER: I disagree with that because of the age of the trailer park and its continued use since 1955, and its current density which Mrs. Barnhart will testify to. MR. MA/~ALICH: Mr. Gochenaur, let's follow up on that. You've heard some discussion from the board about quote, grandfathering. Is there any such basis for grandfathering if these trailers involved in this case have never been permitted in the first place? MR. SPILLER: I'm going to object to that. He's not an attorney and he's not the judge. MR. MANALICH: Well, he applies the Land Development Code every day. MR. SPILLER: He's still not an attorney and he's still not a judge. He's not going to be rendering legal opinions about grandfathering. That's something you and I would take up with one of the judges. MR. GOCHENAUR: Sir, I'm prepared to discuss what standards the county typically applies to the legal nonconforming use of property, if that would be appropriate. MR. MANALICH: Sure. MR. GOCHENAUR: The information -- MR. SPILLER: Again, I will object. MR. LEHMANN: Mr. Chairman, do we not have an objection that we need to respond to? CHAIRMAN FLEGAL: Let's -- without giving a legal opinion, which I don't believe you are qualified to do, I think if you could answer ~- or maybe you need to rephrase the question about what was in the development code in 1955 and walk it forward, not whether grandfathering is a legal thing. Because I don't know the answer to that. MR. MA/gALICH: What evidence would have to be submitted to you as a planner in order for any grandfathering to be considered by the county? MR. GOCHENAUR: We would typically want to see evidence that buildJ, ng permits had been issued for the structures on the property, and/or also a plot plan recorded or otherwise showing that a mobile home park existed on that property at a given date in the past, which would allow it to enjoy legal nonconforming status. This is the typical standard that the county planning department would apply. MR. MANALICH: To your knowledge, has any of that been shown to exist in this case? MR. GOCHENAUR: No, sir, it has not. MR. DELANEY: Mr. Chairman, can we go off record for just a moment? I'd like to ask Mr. Spiller -~ CHAIRMA~N FLEGAL: No. There is no such thing -- MS. LOU1;IERE: Not under the Sunshine Law. CHAIRMAN FLEGAL: -- Mr. Delaney. MR. DELANEY: Do you anticipate that you're going to do something with this property in conjunction -- or wit]] the other one that you're going to go to the County Commission on? MR. SPILLER: Absolutely. MR. DELANEY: You're going to incorporate some plan out there, of getting some relief. Do you have any idea what you're going to ask for on this particular one? MR. SPILLER: It's going to be the same thing. We're going to -- Page 70 March 25, 19 9 / :~~ in fact, now that we're talking about grandfathering, I'm going to be asking specifically the commission to approve the current density on this particular one. Now, on the Betancourt, the size of the lots there are in excess of minimum sizes. If this is determined to be less than minimum sizes, we're going to ask them to recognize the special housing needs that exist out there and grandfather this one in by legislative act so I don't have to take it up with the court. Zoning is something that there's always contention between the county staff on and the property owners. And if you were to do a win/loss chart in the courts over those issues, it doesn't come out with one side winning every time. So I'm trying to avoid that completely and just solve it at the legislative level. CHAIRMAN FLEGAL: Maybe to help us, since we all heard previously that you're -- these two cases kind of run together and that you're going to go to the commission, to short-circuit us spending the rest of the afternoon discussing this, understanding that you're going to go before the Board of County Commissioners and ask for certain things, you know, whether it's density or whatever, I think what the board needs to do is what we did before. Let's determine that they're quote, unquote, in what has been presented, that there is a violation first, and then what if anything should we do about it. I would like to hear from Mrs. Barnhart because she's here and she sat a long time, and I think we need to hear her tell us why certain things have taken place. That's only fair. But I believe all the other things we're going through is kind of a rehash of what we just went through, and it's a little beyond our control, other than the immediate fact of is there a violation, if so, what can we do. Even if it's to provide them some time to resolve it as we did before. MR. SPILLER: Fair enough. MR. f~NALICH: Mr. Chairman, I just have one more question for the witness. CHAIR~XN FLEGAL: Yes, sir. MR. MANALICH: Thank you. Mr. Gochenaur, I'm showing you what is Respondenus' Exhibit A, believe, which are the two permits that they have presented regarding, as I interpret it, the site work and the vegetation removal. Do those permits -- from your perspective as a planner, do they serve as a building permit for any of the trailers involved in this case? MR. GOCHENAUR: No, sir, these are not connected, in my opinion. MR. MANALICH: Thank you. CHAIRMAN FLEGAL: Mr. Spiller, do you have any? MR. SPILLER: No questions. CHAIRf~AN FLEGAL: Okay, thank you. MR. DELANEY: I was going to say, is it reasonable to assume, maybe misinterpreted, it has to be building permits? You see what mean? And I'm afraid we're getting into argumentative points. I'd like to follow the chairman's suggestion that we listen to our legal -- to come up with some way of dealing with this right now. CHAIRMAN FLEGAL: Anybody have any questions of the current witness? MR. DELANEY: No. CHAIRMAN FLEGAL: Let's let Mrs. Barnhart get up and tell us what she understands things to have been. (Ms. Barnhart was duly sworn.) Page 71 March 25, 1999 MR. SPILLER: Ms. Barnhart, pursuant to the suggestion of Mr. Santini -- Dantini, did you go down and apply for permits for the work that he had seen in progress on your trailer park? MS. BARNHART: Yes, uh-huh. MR. SPILLER: And where did you go to do that? MS. BARNHART: Naples. MR. SPILLER: Where at in Naples? MS. BARNHART: At that -- through Horseshoe. I don't -- it's that development center. MR. SPILLER: Okay. And before your two permits, would you loop at the first one thing? I believe it's marked as number one. When you applied for that permit, did you speak to the person whose signature appears there in the -- about the middle of the page? MS. BARNHART: Yes. MR. SPILLER: Did you describe for him what work you intended to do or had just completed? MS. BARNHA_RT: Yes, we did. MR. SPILLER: And what did you tell him? MS. BARNHART: We told him we were trying to improve the land or the problems, water, and knock down some trees So he sent us to another -- ' MR. SPILLER: Okay, just slow down. Now, did you tell him that you had removed the trailers in order to do that work? MS. BARNHART: Yes, we did. MR. SPILLER: Did you tell him that you were there to apply for all permits that you needed? ~ MS. BARNHART: Right. MR. SPILLER: Now, what permits did he issue you based upon your application, the two that are before you? ~ MS. BARNHART: These two. MR. SPILLER: Did he say anything to you in particular about needing a building permit? MS. BARNHART: No. MR. SPILLER: What did he say to you, if anything, about a building permit? MS. BARNHART: My husband asked him if it was okay for him to move the trailers forward, or site them, while he did the work. It was a Thursday when we went. And we were not going to get the permit till Tuesday. So we couldn't do anything, according to us. But he said Saturday and Sunday, go ahead and do what you got to ~o, put them back and then you'll get your permit Monday or Tuesday. MR. SPILLER: So based upon the instructions from that person at the county planning department, you obtained the two [~ermits that are before you, but did not pay the monies to obtain building permits because he told you it was unnecessary? ' MS. BARNHART: Right. MR. SPILLER: If he told you it was necessary, would you have done so? MS. BARNHART: Yes. MR. SPILLER: Did he tell you what the price of '2hose building permits were? MS. BARNHART: No. MR. SPILLER: Now, let's go back to the ownership of the trailer park itself. Were you born and raised in Immokalee? Page 72 March 25, MS. BARNHART: Yes. MR. SPILLER: And did you know that the previous owners of that trailer had included Joe and Debbie Howell? MS. BARNHART: Right. MR. SPILLER: And did you know that that trailer parked existed in its current density since about 19557 MS. BARNHART: Um-hum. Well -- MR. SPILLER: When did you and your husband buy that trailer park? MS. BARNHART: Three years ago. MR. SPILLER: No further questions. MR. LEHMAIYN: I've got a question for the witness. Mrs. Barnhart, you had mentioned that you had gone to the plans examiner, plans reviewer and had asked him if this was all the permits you needed to do your work. MS. B~RNHART: Right. MR. LEHFL~2~N: When you did that, did you indicate to him that you intended to move the trailers off-site -- MS. BAR_NH;LRT: My husband -- MR. LEHM~: -- as opposed to putting them on the site? MS. B~LRNHART: Right, my husband told him he was going to move them beside or forward. MR. LEHM3LN-N: Okay. When you define move them beside or forward, did you indicate that you were going to move the trailers off-site MS. BARNHART: Yes. MR. LEHMANN: -- as opposed to move them to a new location on-site? MS. BARNHART: No. Because where I move the trailers was my property. The other piece is mine, too. MR. LEHMANN: So it is possible that the plans examiner, when you questioned him, did not understand that you were moving the trailers MS. BARNHART: No, he -- MR. LEHM3UXFN: -- to a location off the site as opposed to -- MS. BA3{NHART: My husband told him, "We're moving, I'm pulling them out. I'm knocking down the lights, water, everything.,, He says go ahead, just put everything -- MR. LEHMANN: Again, to clarify, when you say you're moving them out, does that mean that you're moving them to a new location on your site or moving them off the property? MS. BARNHART: Moving them to a new location on the property. MR. LEHMANN: And you had indicated to the plans examiner that that was your intention? MS. BARNHART: Right. MR. LEHMAArN: So he is basing his judgment on that statement? MS. BARNHART: Right. MR. LEHM3~NN: Thank you. MR. SPILLER: Just to follow up. Earlier Mr. Dantini indicated that he saw the trailers in about this location. Do you own that property also? MS. BARNHART: MR. SPILLER: MS. BARNHART: MR. SPILLER: MS. BARNHART: MR. SPILLER: Yes. Do you own this property? Uh-huh. So everything depicted in this area you own? Right. ' ' Okay. Page 73 March 25, 1999 MR. LEHSZ~/TN: So you are moving the trailers from one parcel of land to another parcel of land? MS. BARNHART: Right. While I knock down the trees, it was big Australian pines, and they had already damaged one of the trailers. MR. LEHM3~: The thought behind this, if I had two parcels of land, both in Collier County, and I wanted to move my trailer from Golden Gate and bring it down to Naples Park and I move the trailer into Naples Park, have I -- do I need the new building permit when I move the trailer back into Golden Gate? MS. BA_RNH/LRT: I don't know the -- MR. LEHM/LXrN: That's the question. MS. BARNH/ZRT: I know that when I brought bought the property, I MR. LEHMA/qN: So what I'm saying is the plans examiner might not have understood what you're saying -- MS. BAR/qHART: Right. MR. LEHMA~NN: -- and that may have indicated his response to you that a permit was not required, because he did not understand that you were moving it in a manner that you had indicated. MS. BAP~NHA~RT: Well, what we told him, we were moving it to a site that belonged to us, piece of property that belonged to us. MR. LEHMu~: Okay, thank you. MR. MA/qALICH: Mr. Chairman, may I have just a few questions of cross-examine? CHAIRMltN FLEGAL: Yes, sir. MR. M3%NALICH: Thank you, sir. Ms. Barnhart, are you aware that Mr. Chrzanowski is in the engineering department of the county? MS. BA~;HART: Right. MR. MiZNALICH: You have no proof that any of the trailers there were ever permitted, do you? MS. BARNHART: I don't. MR. MILNALICH: Ever had building permits? MS. BARNHART: No. MR. MA~NALICH: Did you inform Mr. Chrzanowski that this -- these trailers, these sites, were subject to code enforcement action? MS. BARNHART: Did I inform him? MR. MANALICH: Yes. That this site for which you've got these permits was involved in a code enforcement action? MS. BARNHART: Right, we told him, uh-huh. MR. MA~NALICH: Mr. Dantini never told you that you didn't have to ge~ building permits for those trailers, did he? MS. BARNHART: No, Mr. Dantini send me to Naples to co get my permits for what I was doing out there. MR. MA~ALICH: But he told you the trailers had to be permitted, right? MS. BARNHART: I don't know. I don't recall. MR. MANALICH: Thank you, nothing further. CHAIRMAN FLEGAL: Mr. Spiller, what are the dates on those two permits? MR. SPILLER: August 31st, '98 on Exhibit 1. September 4th, '98, Exhibit 2. CHAIRMAN FLEGAL: Thank you. MR. SPILLER: But I would in response to that call the board's attention to the citation that was issued, unless it walked awav from me. · Page 74 CHAIRMAN FLEGAL: Page 7, is that what you're looking for? MR. SPILLER: Yes. The direction on the upper right hand for correction of violations directs the person to remove the mobile homes or obtain all proper permits. And it doesn't specify what permits are required, just all proper permits. CHAIRMAN FLEGAL: Okay. MR. SPILLER: He directed her to go down to Naples, she did what she was told to do and obtained what was told by the staff that she needed. So on that point we don't believe that we've had a violation there. CHAIRMAN FLEGAL: Well, when she was testifying, she said she went in and her and her husband told them that they wanted to move some trailers, and her words were I think forward or to the side to do some grading, fill in some potholes and cut down some trees. MR. SPILLER: Correct. And it was further elaborated as to it was on the property that she owned. And those were the words spoken back in August when she applied for these permits. We don't believe that's a violation. MR. LEHMANN: But the property she owned was across the street MR. MuXNALICH: Mr. Chairman? MR. SPILLER: What they're relying on in the code is the word, the operative word moved. She went down and described what she was doing as moving. It doesn't matter whether it was a foot, an inch or 100 feet. She was moving the trailers. And she was told she didn't need a permit. MR. MANALICH: Mr. Chairman, in response, she was told that by what appears -- I think can reasonably be inferred was Mr. Chrzanowski was trying to be helpful. He's in the engineering department. He doesn't have really the final or complete say on that type of decision. I think it can be reasonably inferred he was trying to help this lady. But that does not excuse whether the violation exists or not. I mean, the code basically says no structure shall be allowed to exist within the proper permits. Mr. Dantini certainly -- I can call him in rebuttal if you want, but I'm sure he'll testify that he never indicated otherwise then that these trailers had to be permitted and get the proper site improvement plan. CHAIRMAN FLEGAL: I don't have a problem with that. I just want to make sure. Moving it to another parcel unfortunately is ~nis!eading, at best, maybe. I mean, it's kind of like if I own a lot in Lely and a lot in Naples Park and I pay somebody to jack up my house and I've going to move it to Naples Park, do I need permitso And I say I need some permits. ' MR. SPILLER: I certainly wouldn't suggest otherwise. CHAIRMA/~ FLEGAL: Common sense. MR. SPILLER: But if I owned this lot CHAIRM.~; FLEGAL: But these lots have -- MR. SPILLER: -- or this parcel and moved that trailer from here to there and never left my property, which is the Barnhart testimony CHAIRMA/~ FLEGAL: But unfortunately it did leave your property, sir. There's a street running down there to get to the other property. MR. SPILLER: Is that a dedicated road, though? There's a big difference. If it's a dedicated road, I know CHAIRMA/q FLEGAL: She doesn't own the road. It's owned by Page 75 i March 25, 1999 somebody else, I'm sure, or by the resident. MS. BARNHART: It's just a dirt road. CHAIRMAN FLEGAL: So your property isn't connected. You know, you can't go on a main highway or any kind of a street, whether it's a dirt road that gives access to all these parcels. I mean, there's one, two, three, four, five, six, seven, eight, nine, 10, I1 12 13 14 parcels. Do you own them all? ' ' ' MS. BARNHART: I own about 10. CHAIRMAN FLEGAL: So you don't own them all. And we're only seeing a partial of that, because I can't see all of it on this little screen. But an}~ay, you understand what I'm trying to say. She just didn't move it across the property line, she moved it across the street. MR. SPILLER: The map that is before you, sometimes -- and we find this often in Immokalee, is deceptive. That may be the street names that are out there and that might be what -- an approved path in appearance, and there may not be a dedicated road whatsoever. Those property lines may be touching each other And it's a minor point but -- ' CHAIRMAN FLEGAL: But you understand where I'm coming from? MR. SPILLER: I'm not conceding it. CHAIRMAN FLEGAL: If she moved next door across the line I might lessen the argument a little. ' MR. SPILLER: Well, I think it's very significant, is if no~ a finding of violation, which I'm seeking, but if you find a violation, as to what punishment to impose upon the lady. She did everything she was told to do. She didn't deceive or fib to anybody. MS. TAYLOR: Does she not know they had to be tied down? MR. SPILLER: She's not here for -- CHAIRhtAN FLEGAL: She's not cited for that. MR. DELANEY: I'm in sympathy with this statement that what how much punishment are we going -- I think in my mind there is a violation. And can we take a vote on -- I make a motion we vote on whether there's a violation. MS. ARNOLD: Can I clarify? A building permit for a mobile home includes a tie-down. There's not a tie-down permit and a separate building permit for a mobile home. The building permit for a mobile home includes the tie-down of a mobile home and a connection to all of the utilities. So there's not a separate permit that -- CHAIRFLAN FLEGAL: What I don't want to do is I guess get into did Mr. Dantini stand there and say building permit or did he sa}' a building permit which includes you have .to do this, this, this and this. He just said a building permit. MS. ARNOLD: Right. CHAIRMAN FLEGAL: So I don't think we need to sit here and argue does she know about tie-downs. · ' MS. ARNOLD: Right. CHAIRMAN FLEGAL: It's really irrelevant. MR. SPILLER: I would disagree on that one point. He said get all applicable permits, he didn't specify any particular one. CHAiRMF~N FLEGAL: Right, but he didn't tell her you're not tied down, you're not this, you're not that. MR. SPILLER: Oh, for sure, for sure. 5:R. LEHM;d~: Right? MR. SPILLER: For sure. Page 76 March 25, 19 , : ... CHAIRHAN FLEGAL: He did not do that, correct. MR. LEHMANN: Mr. Chairman, again, our violations are basically broken down into two items: We have nine that are existing without a permit is one issue and we have two that were moved. I think it's very clear that we have nine that are in existence without a permit. Whether we move these two within permitted tolerances, I don't know, it's questionable, but -- CHAIRMA/q FLEGAL: Right. I think first does the board have a consensus as to whether there is or is not a violation? MS. TAYLOR: I think there is a violation. MR. DELAlqEY: I think there's a violation with a stipulation that relief should come, I'm in sympathy with Mr. Spiller, should come from the County Commission. There's something -- there's no question there's a crowded condition out there, and they're going to have to pay some attention to it, and then we can move to the fine. MR. LEHMA/qN: Again, Mr. Delaney, that's not what we're here for. MR. DELANEY: I understand that. C~[AIRMAN FLEGAL: Could I entertain a motion that there is in fact a violation? MR. LEHM3LN/q: I would make a motion that there is a violation. MR. PONTE: A violation. MS. TAYLOR: I'll second that. CHAIRMAN FLEGAL: Mr. Delaney made that motion -- MR. LEHMD2%rN: No, Mr. Lehmann made that motion. CHAIRM3U~ FLEGAL: Mr. Lehmann, I'm sorry. And Ms. Taylor seconded it. All those in favor that there is in fact a violation, signify by saying aye. Any opposed? (No response.) CHAIRMAN FLEGAL: All right. Now, as to what should be done for the violation. Since we have heard Mr. Spiller say that he's going to go before the commission, would think it might be appropriate to keep in mind what we did on the previous cases -- MR. DELANEY: I was going to say -- CHAIRMAN FLEGAL: -- so he has time to work it out. MR. DELANEY: What's your -- Mrs. Rawson? MS. RAWSON: Yes. MR. DELA/~EY: What did you say our alternatives are in imposing the fine? MS. RAWSON: Well, you can do what you did on the last case. Your alternatives are you can impose it today and it doesn't kick it for a period of time, like you did on the last case. I think you said May 27th. You can continue the case. You can impose it and have a lesser time or a greater time. MS. DUSEK: Mr. Chairman, I'd like to make a motion that we impose a fine of $250 per day per unit, and that this would take effect May 27th. CHAIRMAN FLEGAL: I have one question. Ms. Rawson, since we're dealing with one parcel, do I understand correctly that our ability would be we couldn't impose a fine of $250 per trailer, since we have one citing under our ordinance, aren't we limited to $250 for that siting, we just can't go -- MS. RAWSON: I didn't hear any evidence about whether any of these units are privately owned or does one landowner own them all? Page 77 Okay. home. March 25, 1999 In your recommendations, staff, you said 250 per day per mobile MS. ARNOLD: Yeah, we carried that over. We shouldn't have put that in there. The previous case, it was separate parcels. In this case it's only one parcel. MS. RAWSON: Only one parcel. You're right. CHAIRMA/q FLEGAL: That's what I thought. MS. DUSEK: So I amend that motion. MR. DELANEY: I don't think the situation is the same. I think $250 is just -- CHAIR,~L~N FLEGAL: Well, we're giving him the time, because we know Mr. Spiller is going before the commissioners, and he does have the right ~o come back like the other case on the 27th and give us his extenuating circumstances, and we can shift it. I think he understands what we're trying to do. It's also some leverage for him to take forward when he does his argument. MR. SPILLER: I'm going to regress for just a minute. I retired from the Army after 22 years. My last three was as a judge. And proportionality is absolutely required in punishment. In this instance, I think if you imposed the same punishment as you did in the previous one, you're not recognizing this lady's effort to comply with what she was told to do. CHAIRMAN FLEGAL: I understand that. MS. DUSEK: Mr. Spiller? MR. LEHMA~: Mr. Chairman, I agree with what Mr. Spiller is saying. The respondent has demonstrated that she is trying to do what we're asking for as far as permitting-wise. I'm not so sure she understood or communicated properly the situation, so may have received erroneous information. But I think we should consider her actions in this. I think that the two cases that we've looked at are different because of that reason. So I think we should consider that when imposing the fine. CHAIRMAN FLEGAL: Okay, I'll remind everybody that in imposing the fine, understanding there's some difference, we're giving you the opportunity to come back and ask us to extend the time or wipe the fine out or lower it. And whatever number we agree on here, if whatever doesn't take place, we can never increase a fine if things change. But we can always decrease things. I'm not saying that we should do that because of the efforts c.f your client. I think she's -- she may have been caught short by a lot of misunderstandings. I acknowledged that. I think you need as much ammunition as you can get to go forward and get the relief you seek. And this may help you. MR. SPILLER: Well, I hear you, but I'm also not assured of success. ' And one final thought before I sit down on the issue of how much the fine if any is going to be. Regardless of what I tell this lady after our meeting concludes, regardless of what I tell the Betancourts after our meeting concludes, your action will be spread throughout the community of Immokalee in no time at all. And your action today is going to have an adverse impact upon the housing of Immokalee. And I would ask you to keep that in mind. CHAIRMJ~N FLEGAL: I understand that. MR. SPILLER: You're doing harm by this action today. Not help, you're doing harm. Page 78 little bit and order that the respondent obtain the site improvement plan and the required Collier County building permits and Certificate of Occupancy. Add that to her motion· I think that needs to be stated, that they must obtain these things. MR. DELANEY: I second that motion. I mean, I want to go with what they recommended. I think that's a better solution than what we've found so far. It's fact-finding. CHAIRMAN FLEGAL: Well, we have a motion. Do we have a second for the motion, or are we going to amend the motion to a different dates and amounts? MR. PONTE: I think we ought to keep the dates the same, just so that we can get refocused on both cases, with their differences, but at the same time. CHAIRMJkN FLEGAL: Okay, so the 27th is fine. Now we need to agree on a nurmber. Do we have any amendments to Ms. Dusek's motion of 250 to something other, or do we have a second for it? MR. DELANEY: Wait a minute, I'm not sure I understand the motion. Are we going with the one that's recommended by the resume here, or are we going -- CHAIRMJtN FLEGAL: No. MR. LEHM3tNN: Can I have a clarification of the motion right now? MS. DUSEK: The motion that I made was for May 27th at $250 per trailer I said, but I amended that for the lot to be imposed as of the 27th. ' MR. PONTE: I'll second that motion. MR. LEHM3tN]4: We have an amendment to that motion; is that correct? CHAIR~IA~: FLEGAL: Well, 5, es, they had the plans and permits and whatever. I don't have a problem with that, and I don't think anybody else does. MS. DUSEK: No, that's fine. I think what our whole objective is, is to get some people to act. CHAIRM3L~ FLEGAL: Correct. MS. DUSEK: The amount of the fine is almost immaterial. MS. SAUNDERS: To us. MS. DUSEK: Well, to all of us, to the respondent, as well as to us. Because that can always be amended if the action takes place, or if we see a diligent effort. We can always amend that. MR. SPILLER: To us within the room, what you say may be correct. To the hundreds of housing units that are out there now dilapidated and in need of repair, what you do today will keep the current conditions in existence. And in that sense, if Joe Smith, the lot owner, is considering a replacement and hoping that Mr. Dantini doesn't catch his eye, the fear of a $250 payment -- fine is going to deter him from doing that, and the people out there will suffer. CHAIRMAN FLEGAL: Unfortunately we have this case which we're deciding. We have a motion and a second. What we need to do is to get this put to end. MR. PONTE: I just want to say, Mr. Spiller, what we're trying to do, I think, is to really work with you. And by putting a fine in place at a future date and I think we'll get the attention of the commissioners, hope it will, so that the bigger picture can be addressed and resolved in due course. And I think that's what we're Page 79 March 25, 1999 trying to do, not to make matters worse in Immokalee. MS. LOUVIERE: I think when you go to the Board of County Commissioners, you are bringing these items up, and that would be the time that we could start to look at the situation and how we can make it better. CHAIRMAN FLEGAL: Let's fall back to our motion and our second, we need to clarify that. We're just doing discussions now, which are irrelevant to the motion. We have a motion and a second for Ms. Dusek, as amended by Ms. Taylor. All those in favor of the motion, which is the 27th, $250 a day, and they must get the required permits and site plans and everything else. All those in favor of that, signify by saying aye. All those opposed? MR. DELANEY: No. CHAIRMA/W FLEGAL: One no. The ayes have it. MR. LEHMAArN: Mr. Spiller, I think just as a comment to the board. I think that the arguments that you're raising as far as the economic impact of this board's action does have relevance. But unfortunately, I think that that is an issue that needs to be taken in front of the Board of Commissioners, as opposed to in this particular jurisdiction, in essence. And I do understand what you're saying, and I feel for what you're saying, too. MR. SPILLER: To impose a severe punishment, the maximum punishment in this case in contrast to that man before us for that trash pile and he had done nothing and you fined him $100, it seems to me to be disproportionate. CHAIRM3tN FLEGAL: Well, we've given him 72 hours, not 60 days. MR. SPILLER: And I would also go back to the prior case. You've imposed a $250 per day per trailer distinction. It's all contiguous lands. It's all owned by Honer Betancourt. And in one instance he shares it with his wife. Just because the staff broke it up and called it three parcels doesn't make it three, it's one parcel. If you wanted to split hairs and call the husband and wife a separate entry, and recognized as tenants by their entireties, then we have two parcels which you've imposed a fine on three. And I would suggest that the legal limit is two at the most, and it should be only one. MS. ARNOLD: The property appraiser's record CHAIRMAN FLEGAL: Property appraisal has three parcels, and that's why they have the different numbers, and that's the way it is. I didn't do the property appraising, I didn't draw the plat maps. All right, sir, we're done with that one. MR. DELANEY: My final comment is that I think I'd go -- if somebody just put a $250 a day fine on me, even though I intended to pay for it, I couldn't sleep at nights. And it worries me -- CHAIRMAN FLEGAL: Well, I'm sure Mr. Spiller at the commission -- MR. DELANEY: It worries me -- I'd like to continue that, though, that we have power in our hands that I'm not sure we're experienced enough or knowledgeable enough to know the full ramification of it. This worries me, and that's a big problem of government, that we have power beyond what our expertise is, and I'm always wanting to hold that in check. I'm always wanting to hold that power in check, because it will run rampant and it's $250 in fines and goes home, that scares me that we're not putting due diligence and due consideration on these. CHAIRMAN FLEGAL: Case no. Page 80 March 25, 1 MR. DELANEY: I guess that's finishes my comments. CHAIRMAN FLEGAL: Case 98-024, please. We need to get on with new business. MS. ARNOLD: I believe, just to clarify things, that the motion applied to -- okay, there is just one parcel. I thought there were two Barnhart parcels. Okay, thanks. The item, Board of County Commissioners versus Elhanon and Sandra Combs, this was for an imposition of fines. My review of the records indicate that the notice was not returned, so we will postpone the imposition of fines to your next hearing. CHAIRM~uN FLEGAL: Okay. And you added one -- any other new business? MS. ARNOLD: No. CHAIRMAN FLEGAL: Old business. I know we have a representative from the county attorney, which has sat here for a long time. Are you the young lady that had the accident? MS. VASQUEZ: Yes, I am, now that it's public knowledge. But it wasn't my fault. I was rear-ended, so -- everybody was fine. MS. LOUVIERE: That will be argued in a separate court. MS. VASQUEZ: That's a different matter. And fortunately, this is only going to be a very, very short report to you. Melissa Vasquez for the record, assistant county attorney, here to report on the foreclosure status. Staff has rechecked all of the properties that were listed in a chart to you, which I believe was provided on prior board dates, and the violations are still in existence. So the decision has been ~ade to go forward on the foreclosures on those properties. The procedure now will be to -- staff is going to go before the Board of County Commissioners and basically just inform them and get their approval before going forward with the foreclosures. The purpose of that is although the statute only requires the Code Enforcement Board to direct the County Attorney's Office to foreclose for policy reasons and for, you know, informing the BCC, we'd like to get that before them and inform them that that's what the County Attorney's Office is going to do. Once that is done -- and that will be on the April 13th board meeting -- the real property department will request title examination for each of the properties. And when that is completed our office will file suit. ' Now, the real property department has told me that depending upon the amount of title searches that they have to do, it can take an~-where from two weeks to three months. In this particular case, we only have eight, I believe, properties that we're focusing on. So that's probably only going to take about two to three weeks. They have a contract with various title search companies, and that's the length of time that had been agreed upon with real property -- or the county and these title search companies. Now, once suit has been filed, typically depending upon the complexity of the foreclosure, that could take anywhere from, I would say, six months to a year. If it's, you know, something that's not challenged and it's a quick situation, it may be less than six months. But I think that's a fair estimate of time, si>: months to a year, depending on the complexity. CHAIRMA~N FLEGAL: I don't have a proble~u once we start the proceeding. What I'm interested in is getting to it. I understand Page 81 March 25, 1999 the court system once you walk in the door, I just want to get in the door. This has been a long time coming, so MS. VASQUEZ: I understand. And again, I think it's important that we go before the Board of County Commissioners For policy reasons and political reasons and whatnot, that they bless that activity. CHAIRMA~ FLEGAL: I understand your situation there. I have one other question for you. Some time ago, and it may have been when we started talking about this back in November, we talked about being put in a super priority position, lien position, and we were going to change the documents. Where is that? MS. VASQUEZ: I believe all the changes have been made, and I don't know whether it's been advertised or not, because it's an ordinance amendment. It has to be advertised before it can go before the BCC, and I don't know whether that has been done or not. MS. ARNOLD: Yeah, it's in the process of being placed on board agenda based on the advertising requirements. I believe we may be going on that same 13th. CHAIRM3~N FLEGAL: Okay. Because I believe we started this in November and it's March, and it seems like it's taken us a long time to rewrite a paragraph. MS. VASQUEZ: There are a couple of paragraphs but yes it is now finalized. ' - CHAIRMAN FLEGAL: Because I think that's very important from all these things we're doing now, what we put in that position. So it's very important that we get that change made rapidly. MS. VASQUEZ: I think also too, that Code Enforcement Board taking these steps may send a message to other individuals that the county is not going to just sit by and let these fines, you know, just go on and on without taking any action, so it may assist us in the future. CHAIRM3~N FLEGAL: Good, terrific. Any questions from the board? MS. LOUVIERE: So what's the bottom line? What's the time? When are we going to have the -- the ordinance? What do you guys think? MS. ARNOLD: It will probably be in April. MS. LOUVIERE: April? You'll be through the County Commissioners and everything. MS. VASQUEZ: I believe the 13th is the next meeting. It has already gone out for advertising, from what I understand so it should go before that meeting date. MS. LOUVIERE: t look forward to that agenda I'm going to be there. MS. VASQUEZ: Thank you. CHAIRMIuN FLEGAL: Thank '/ou. MS. LOUA;IERE: Where has our agenda gone? CHAIRMAN FLEGAL: Reports? Deauville, 99-021. MS. ARNOLD: That item is an affidavit of compliance. The Deauville Condominium Association, Incorporated has complied with the board's order, and we verified that compliance had occurred. They removed the exotics and now we're just filing the a~fidavit of compliance. CHAIRM3LN FLEGAL: Okay. Ally board members have any questions~ I have a question or two for Ms. Rawson. ' If an order is issued and the order states two items and the fine in the order onl}- addresses one item, can you amend the order to Page 82 March 25, 1999 impose a fine on the other item? MS. RAWSON: Did you have this situation happen? Is that why you're asking the question? This is not just a hypothetical? CHAIRMAN FLEGAL: As I read an existing order, yes. MS. RAWSON: So you had an order to issue that had two items that were violated and the fine only addresses one item, can you amend -- we amend orders -- CHAIRMAN FLEGAL: I'll give you an exact example. MS. RAWSON: We've amended orders before, I can answer you that. Can you amend the order to impose a fine now is what you're asking? CHAIRMAN FLEGAL: Yes. The order was obtain all necessary permits by December 13th and to immediately cease and desist the use of all utilities on this property until permits are obtained. The fine is that if respondents use the utilities in violation, they -- what I read first was only half of the order. You will be fined $250 a day. And that says for the utilities. And the other half of the order was correct some other violations, in accordance with paragraphs one and five. But they weren't fined for that, they were just fined for actually using utilities. So I'm wondering if those other violations still exist, which don't know, because I've not asked that because this case is being carried over. I'm trying to find out -- MS. R3tWSON: Well, off the top of my head I'll give you an answer, and then I'll do some research and come back to you with a more detailed answer in terms of what the law says about amending a fine to later -- I mean, amend an order to later impose a fine. I'm going to assume that at your December whatever meeting it was, that you heard all the evidence and that you weighed all the evidence and you made your findings of fact based on the evidence that was presented to you, that knowing all the evidence and you made your recommendations as to fines. And I'm going to assume then, based on all the evidence, you thought that use to the utilities wasn't serious enough for a fine, and perhaps the correct other violations wasn't serious enough that you didn't impose a fine. That's what I would say by reading your order, and I wasn't here, so I don't know, but that would be my legal interpretation of just having read the order of what I think went on here at the board. But your other question is really more important, can you ever amend an order? Certainly. We've amended orders before. Can you amend an ordinance and now impose a fine when you didn't do it the last time is a more serious question that I'll get back to you CHAIR~D%N FLEGAL: Okay. Another question is MS. ARNOLD: Can I add something to that? Because I think }'our -- the chairman's point is a valid one for the first part of that order, because it doesn't really address the removal of the utilities if permits aren't obtainable. CHAIRMAN FLEGAL: I mean, I didn't address that part, but understand what you're saying in that respect. Another question, Ms. Rawson: In looking through the ordinance and looking through the statute, the terminology repeat violation, there is a description in the statute, but it's really unclear. What is a repeat violation? Does an existing violation have to be complied with, corrected and then it becomes a repeat? At what point is something a repeat violation? MS. RAWSON: That's an important enough question. I'd really Page 83 March 25, 1999 like to give you that in writing, because I can tell you what the ordinance in the statute says. I mean, I have it right here. But that's probably not going to answer your question in full. What I would like to do is to, you know, get into my computer and see if I can get you some definitions from case law as to what is a repeat violation. That might be clearer. CHAIRM3IN FLEGAL: Yeah, I would like that, because I read the statute a couple of times, and I'm still confused as to what the word repeat violation really means. MS. RAWSON: If the statute gives you a definition, and the definition hasn't been interpreted by a court, it probably isn't going to tell you all you want to know. But I'd be happy to research that for you. CHAIRMAN FLEGAL: Would you, please? MS. RAWSON: I sure will. CHAIRM3%N FLEGAL: There is a -- in the ordinance in the statute, it gives us the power to put in governing body costs to prosecute violations before the board. I've never seen any orders that state that, at least since I've been a board member. Is that because it's there? I know we can do it. I guess my question again, could we amend existing orders to add that item? I don't know whether it was overlooked or whatever, but ~- MS. RAWSON: Again, you're going to -- the question is can you come back and now impose fines? And now you're saying can you come back now and impose costs? CHAIRMAn4 FLEGAL: Right. MS. RAWSON: Okay. Similar question. I think that's a little different than can you amend an order, so I'll have an answer for you on that one, too. CHAIR~ZJtN FLEGAL: Okay, terrific. Anybody else have any questions? I wouldn't entertain a motion to you know what. MS. LOUVIERE: I'll make a motion we adjourn. Thank you, my brain went -- MS. TAYLOR: Second. MS. LOUVIERE: My brain is like asleep. CHAIRMJ~N FLEGAL: We have a motion. Do i hear a second. MS. A~,;OLD: I'm sorry, there was an item that we added, Bethel. CHAIR~tAN FLEGAL: Oh, I'm sorry. MS. ARNOLD: We were going to add a report. And I be].i, eve the board asked us to report back to you the progress that had been made on that particular -- MS. LOI/VIERE: I have a conflict on that item and I'm going to dismiss myself, so that will be wonderful. I have a meeting I have to be at. CHAIRMAN FLEGAL: There's still enough ever us. MS. ARNOLD: All I'm going to report is that the property still has debris, vegetation debris on the property. It has not yet been removed. And that the -- we found that they have been mulching the vegetative debris on-site as the Board of County Commissioners had asked them not to do. And so that's [ny only report. They're not yet in compliance. CHAIRMAN FLEGAL: had mounds of stuff -- MS. ARNOLD: Yes. CHAIRMAN FLEGAL: Are these the people that had the property that -- that were there illegally and they were Page March 25, hoping to get a wood chipper or something to mulch it up? MS. ARNOLD: Right. CHAIRM3~N FLEGAL: And as I remember our order, it was they couldn't -~ MS. ARNOLD: Remove it. CHAIRMAN FLEGAL: -- add anything to the property from that meeting on. Have they done that? MS. ARNOLD: They haven't added anything. CHAIRMAN FLEGAL: Okay. And I understood part of the problem was they couldn't mulch it because it needed a permit or something to mulch it? MS. ARNOLD: They needed to get an approval for either a conditional use or other zoning approval through the Board of County Commissioners, and that went before the board and the board denied that request. CHAIRMAN FLEGAL: So now they have another violation because they're mulching stuff they're not allowed to mulch? MS. ARNOLD: Yes. CHAIRMAN FLEGAL: Are they going to be cited for that? MS. ARNOLD: Yes. CHAIRMAN FLEGAL: Okay. All right. We have a motion and a second to adjourn, and everybody's kind of left the room except ~or us sinking t~e ship people. All those in favor? Thank you everyone very much for your patience. There being no further business for the good of the County, the Meeting was adjourned by order of the Chair at 2:00 p.m. CODE ENFORCEMENT BOARD CLIFFORD FLEGAL, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, RPR Page 85 March 25., 9 l~ ~/ hoping to get a wood chipper or something to mulch it up? MS. ARNOLD: Right. CHA!RrzJuN FLEGAL: And as I remember our order, iL ~as they couldn't -- MS. ARNOLD: Remove it. CHAIRMA~$ FLEGAL: -- add anything to the property from that meeting on. Have they done that? MS. ARNOLD: They haven't added anything. CHAIRMAN FLEGAL: Okay. And I understood part of the problem was they couldn't mulch it because it needed a permit or something to mulch it? MS. ARNOLD: They needed to get an approval for either a conditional use or other zoning approval through the Board of County Commissioners, and that went before the board and the board denied that request. CHAIRMAN FLEGAL: So now they have another violation because they're mulching, stuff they're not allowed to mulch? MS. ARNOLD: Yes. CHAIRMAN FLEGAL: Are they going to be cited for that? MS. ARNOLD: Yes. CHAIRMAN FLEGAL: Okay. All right. We have a motion and a second to adjourn, and everybody's kind of left the room except for us sinking type ship people. All those in favor? Thank you everyone very much for your patience. There being no further business for the good of the Cc. unty, the Meeting was adjourned by order of the Chair at 2:00 p.m. CODE ENFORCEMENT BOARD TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, RPR Page 85 COLLIER COUNTY GOVERNMEN i COMMUNITY DEVELOI, MEN~ AND E~¥1RONMENTAI SERVIaI,~' DIVISION Planning Services Department 2800 North llorseshoe Drive Naples, Florida 34104 April 23, 1999 Ms. Allison Herrington Assistant CLG Coordinator Bureau of !listoric l'rcservation R.A. Gray Building 500 South Bronough Street Tailahassee. Florida 32399-0250 RE: Collier Count.,,, Presc~'ation Board h. :eting Dear Ms. Herrington: i~ ' This letter is to inform you that the Colli~! County Historic and Archaeological Preservation Board held a public hearing on Friday, April 16, 1999. I have enclosed a copy of the minutes for your review and ~ecords. If you have a,ny questions concerning th~'~meeting, please do not hesitate to call me at: 941-403-246.~ or you can send me an e-rr~il message at raybellows(~)colliergov, net. Sincerely, Ray Bellows. Principal Planner (CLG Coordinator) 1 listoric I'rcscrvation/RVB/rb cc: Vincent A. Cautero Sue Filson Ron Nino Ron Jamro Nancy Sicmion Preservation Board Misc. Cortes: ; / Item// d Copies To: Phone (941) 403-2400 Fax ii 9 1) 643-6968 %vww.co.collier. fl.us COLUER COUNTY HISTORICAL & ARCHAEOLOGICAL PRESERYATIO OARD Meeting of April 16. 1999 AUendance: Present: Lora Jean Young, Chairman John Thompson, Vice-Chairman Thomas Franchino Bill Tyson Alexander Dusek Staff: Ray Bellows, )lanner Absenl: Diane Gonzalez Joanne Quinn The meeling was called lo order al 11:30 AM. ADDENDA TO AGENDA: A. Old Marco Inn APPROVAL OF MINUTES: The Preservation Board voted unanimously (5 Io O) to approve the minules of e March 12, 1999 meeting, ~ PLANNING SERVICES DEPARTMENT REPORT: : ;, A. Ray Bellows passed out copies of the Preservation Ordinance and gave a brief overview of the designation process. OLD BUSINESS: Ao J__ohn Curry House/Goodland Historic District: The members of the Good~nd Citric Association were Introduced. Copies of the hi$lortc desil~ applic~Jon and Information on historic districts was passed out. II was mentioned that the correct ~ should be Tom Curry. No new background information has been obtained al tills time, however, addilionai information on the house will be provided by the Goodland CMo Association as part of their historical research of Goodland. The Preservation Board discussed the pros and cons for designating historic dislrlcts and structures. The first step in the proce~ is to conduct a survey of the historic quatitle~ of all the structures within the proposed district. It was noted that new slructures are deemed to be noncontributing to the historic nature of the district. All contributing and noncontributing structures musl be depicted on a map to show lheir relationship 1o each other. The boundaries should be kept as small as poe~ible so the majority of the structure~ are contributing to the district. Ray Bellow~ will provide map~ that ca~ be used lo locate the contributing and noncontributing structures. Once the survey is complete, the residents can decide on the district boundaries. If you can't get all the property o~ner~ within the district to participate, then il will be more difficuR fo have the BCC approve a ~tioa o! this district. The Preservation Board encouraged the Civic A.~z~/ation to first proceed with the nomination of Individual structures. The CK4c Association representatives Indicated that they have also m~ with a Commissioner, the Planning Services Director, and the Building De ~ County discuss possible ways fo prolect Goodland from increased development and Io reduce density. The Preservation Board has no jurisdiction concerning those issues, however, the creation of an historic district can be a vital component to any Masler Plan or Neighborhood Plans that may be de~,eloped for Goodland in the future. The Civic Association members indicated that their representalives will also meeling with B~rbara C. acchione concerning the crealion of a Goodland Masler Plan. Nehrling's Tropical Garden: No response has been received from Joan F. Tobin (Estate of DoreUe K. Fleischman) concerning the Io~'al historic designation. II was menlioned that Caribbean Gardens has been inslalllng plaques and markers describing the historic gardens. The Preservation Boarded voted not to take any' action until Ihe nexl meeling Overseas llighway Barge at 1013 Ridge Street: The property owner has not responded Io the Preservation Board's leUer requesting their participation in Ihe hisloric designalion proce, ss. Action on this item was continued !o the hex1 meeling Preservalion Board Web Page: Ray Bellows pa.~sed out copies nf the draft language thai will be used !o creale Ihe web page. The web page will also contain a list of Historic Slructures and corresponding pholographs. Alex Du~ek provided a color version of lhe logo thai will be used for lhe web page. The Preservation Board members agreed In re~,iew Ihe draft and provide comments to Ray Bellows. NEW BUSINESS: Ao S~urvey and Assessment Waiver: The Preservation Board reviewed lhe information contained in the waiver application for the Cypress Woods Walgreens loc,ileal on LIS-41. The B~ard voted to grant the requested waiver. DISCUSSION OF ADDENDA: Old Marco Inn: Jack Thompson indicated that the archaeological dig continuers to provide ne~ information and artifacls. Furthermore, the new developer will not make improvements Io the inlerior of the structure. NEXT MEETING: Friday, May 21, 1999 at ~J:O0 A.M. in Conferenc, e Room "[" Historic Preser'~ation/Minut es/RVB/rb COI.,LIER COUNTY GOVERNMENT C¢)~I,XlUNI'I'y DE'¥'I';I.OP~IENT AND ENVIRONMENTAl, SERVICES DIVISION May 6. 1999 Ms. Allison }Icrrington Assistant ChG Coordinator Bureau of' l listoric l'rcservation R.:\. Gray P, uilding 500 .qouth Bronough Street Tallahassee. Vlorida 32309-0250 2800 North t{orseslme l)rive 1 2 Collier County l)rcscrvation Board Meeting [)car Ms. [{crrington: '['his lcuer is to inform you that the Collier County Historic and .'\rchaeological Preservation ]~,oard will hold a public hearing on Friday. Nlav "1. 1090. I have cnch)scd a cop3' of thc agenda for your review and records. If you have any questions concerning this meeting, please do nol hesitate to call mc at' 941-403-2463 or you can send me nn e-mail message at r:Lvhcllo~vs:'a',collicr~ov.net. Sincerely. Ray 13cllows. Principal Planner (CI.G Coordinator) Norris Csrter Constantin~ Berr~ :listori¢ cc: Vincent tX ('autcro Sue Filson Ron Nino ICon Jamro l'rc.-,crx ation I~oard Phone (941) 403-2400 Fax (941) 643-6968 ~vw'~v.co. collicr, fl.us COLLIER COUNTY HISTORICAL HAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, MAY 21, 1999, IN THE COLLIER COUNTY COMMUNITY DEVELOPMEN~ SERVICES DIVISION, CONFERENCE ROOM "E" , LOCATED AT 28!!!; N. HORSESHOE DRIVE, NAPLES, NOTE: ANY PERSON WHO DECIDES TO APPEA~ A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, A/gD THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS ~bADE, WHICH RECORD INCLUDES THE TESTIMON"f AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ii ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WiLL BE AVAILABbE FOR PRESENTATION TO THE BOARD~i OF COUNTY COMMISSIONERS. 2. 3. 4. ADDENDA TO THE AGENDA .i~, APPROVAL OF MINUTES: APril 16, 1997 PLA~NNING SERVICES DEpAR MENT REPORT: OLD BUSINESS: John Curry House/Gbodland Historic District H. Nehrling's Tropical Overseas Highway rge Application Update Gardens update at 1013 Ridge Street D. Preservation Board Web Page 5. NEW BUSINESS: A. Survey and Assessment Waiver request 6. DISCUSSION OF A~DDENDA 7. ADJOURN HISTORI~L AGE~A/~ .COLIAER COUNTY ENVIRONMENTAL ADVISORY COUNCIl. AGENDA hlav 5~ 1999; 9 A.M. COMMISSION BOARDROOM TtlIRD FLOOR--ADMINISTRATION BUll. DING I. ROI.L CALL II. STAFF INTRODUCTIONS III. A. ESTABI.ISItMENT OF TERMS B. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN IV. APPROVAL OF AGENDA V. DISCUSSION OF APRIL 7m. 1999 EAB MEETING MINUTES Vi. CONSENT/ADMINISTRATIVE APPROVAL 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. Vll. LAND USE PETITIONS AGENDA A. Planned Unit Development No. PUD-99-5 "Mediterra PUD" Sections 1 I & 12, Township 48 South, Range 25 East B. Planned Unit Development No. PUD-99-6 "RIGAS PUD" Section 28. Township 48 South, Range 26 East C~rter ~'~' Constant(ne Mac 'K te k Derry ~. VIII.OLD BUSINESS IX. NEW BUSINESS A. Appointment of Growth Management sub-committee Copies To: 16H2 DATE: · llNbll-.S OF TIlE ENVIRONMENTAl. ADVISORY BOARD April 7, Ig99 TIME: 9am. PI.ACE: ., Floor Boardroom. Administration Building, Collier COLmtV Government Center, Naples. Florida ' STAFF PRESENI" Dejong Espinar X Foley __X_' . t lermanson llill X.__ Adarmes Minor Ashlon Burgeson X Chrzanowski X Kuck Lenberger .__X Xlulhere Nino X Seal X MINUTES BY: Stephen l.enberger. Environmental Specialist II CALI.ED TO ORDER AT: 0'00 am. ADJOURNED AT: PRESIDING: Blair Foley. Chairman 10 15 a m ADI)ENDA TO TIlE AGENDAt APPROVAL OF MINUTES: Motion made bv Ms De_.j_.o_n_g, seconded by Mr tlill and carried '~(~ to approve minutes of February 3. 1999 ITEM: Regular Agenda - hem V ,A PETITION NO: REQUESTING: Excavation Permit No EX 59 683 "Golf Club of the Everglades" Section 36, Township 48 South, Range 26 East Commercial Excavation Permit over the 500,000 c.y threshold in the LDC. REPRESENTED BY: Stan Chrzanowski, P E,, Collier Count~, Engineering Review Services i'1..6H 2 COLLIER COUNTY .ENVIRONMENTAL ADVISORY COUNCIL AGENI)~ blas' 5, 1999; 9 A.M. COMMISSION BOARDROOM TttIRD FLOOR--ADMINISTRATION BUILDING I. ROLL CALl. I1. STAFF INTRODUCTIONS III.A. ESTABLISHMENT OF TERMS B. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN IV. APPROVAL OF AGENDA V. DISCUSSION OF APRIL 7r", 1999 EAB MEETING MINUTES VI. CONSENT/ADMINISTRATiVE APPROVAL 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. VII. LAND USE PETITIONS AGENDA A. Planned Unit Development No. PUD-99-5 "Mediterra PUD" Sections 11 & 12. Township 48 South. Range 25 East B. Planned Unit Development No. PUD-99-6 "RIGAS PUD" Section 28, Township 48 South, Range 26 East · ~rr ts "/ C~rter ~ Constantine Mac 'Kte k ~errzt : VIII.OLD BUSINESS IX. NEW BUSINESS A. Appointment of Growth Management sub-committee Misc. Corres: Item// /,',/ /* - :'D Copies To: X. COUNCIL MEMBER COMMENTS XI. PUBLIC COMMENTS XII. ADJOURNMENT NOTES: [Board Membersl: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on April 29, 1999 ifyou cannot attend this meeting or ifyou have conflict and thus will abstain from voting on a particular petition. [General Public]: 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 insure that a verbatim record ofthe proceedings is made, which recor~l includes the testimony and evidence upon which the appeal is to be based. IOH2 DATE: MINI~TES OF TIlE ENVIRONMENTAL ADVISORY BOARD ..\pril 7. 1999 TIME: O a. [11 a Floor t~oardroom. Administration Buildin$, Collier County Government Center. Naples. Florida EA B Dejong .... Espinar .... X . Foley __X_'_ ttermanson .__._X STAFF PRESENT Adarmes Minor .-\shton Burgeson X Chrzanowski __,X. _. Kuck I.enberger .... :,,~ _ Mulhere Nino X Seal X .MINUTES BY: Stephen Lenberger. Environmental Specialist II CAI,I,ED TO ORDER AT:_ 900 am ADJOIIRNEI) Al': PRESIDING: Blair Foley. ('hairman IO 15 a m ADDENI)A TO TIlE AGENI)A. .3PPROVAL OF MINUTES: Motion made bv Ms.I)_ejo_r3.g. seconded bv Mr llill and carried 5/0. to approve minutes o1' February 3. 1990 ..... ITEM: Regular Agenda - hem V A PETITION NO: .REQUESTING: Excavation Permit No. EX 59 683 "Golf Club of the Everglades" Section 36, Township 48 South, Ranee 26 East Commercial Excavation Permit over ~'he 500,000 c.y. threshold in the LDC. REPRESENTED BY: Stan Chrzanowski. P.E., Collier County Engineering Review Services 16H2 '! Environmenlai Advisor, Board Minnies .............................................. April ?. I~99" Page 2 MOTION: Made by ~, seconded by _Ms. Dejong and carried 5/0. to approve Excavation Pem'fit No., EX 59.683, "Golf Club of the Everglades" with staff's stipulations. Environmental: Permits or letters ofcxemption from the U.S. Army Corps of Engineers (/\COE) and the South Florida Water Management District (SFW~D) shall bc presented prior to final site plan/construction plan approval. Water Mana£emenl: The excavation shall bc limited lo a bottom elevation of 12 f'cct below thc wet season water table. No material shall be removed from the site. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate lo replace the original installed littoral zone plants, will be required upon completion and acceptance of thc excavation (Land Development Code 3.5.7.2.5L No Certificates of Occupancy will be issued until this performance guarantee is submitted. All provisions of Collier County Ordinance No. 91-102. Division 3.5 shall be adhered to. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services lbr approval prior to the commencement of any dewatering activity on the site. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check tbr any listed species. No work shall be done prior to that site visit. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 1. 6i'i E~viro~me~lil Adviso~ Board Mi~tei .......................................... ~prii ?, i~9~ P~e 3 .... 10. Any stockpile in place t'or a period exceeding 60 davs shall be seeded and mulched and erosion control devices installed. I 1. Preliminary ~vork aulhorization must bc obtained prior to starting construction. ITEM: Regular Agenda - Item ,PETITION NO: Planned Unit Development No. PUD-t)9-t)3 "Naples Reserve Golf Club PUD" Section 1. Township 51 South. Range 26 East REOUESTING: .,\ residential golf course commumty with 552 residential dwellinv umts. recreational amenities. 3.5 acre neighborhood commercial center, water management lakes and preserve areas. REPRESENTED BY: Robert Duane, Hole. Montes anti Associates. Inc. George Hermanson. Hole, Montes & Associates. lnc, Michael Saadch. Naples Reserve Golf Club. Inc, Geza Wa. ss De Czegc, Southern Biones. Inc. MOTION: Made bv Ms. Dejong, seconded bv Mr. Espinar and carried 4/0. to approve Planned Unit Development No. PUD-99-03 "Naples Reserve Golf Club PUD" with staff's stipulations. Mr. Hermanson abstained from the vote. Water Manal~ement: A copy of the SFWMD surface water management permit must bc received by thc Development Services Stall' prior to any construction drawing approvals. No additional stipulations, ITEM: PETITION NO: REOUESTING; Regular Agenda- Item V.C. Planned Unit Development No. PUD-99-01 "Malibu Lakes PUD" Section 30, Township 48 South. Range 26 East A proposed planned unit development with 8.6 acres &commercially zoned land and 121 aces of residentially zoned land with a mix ifsingle family and muitifarnily tracts surrounding one large lake. several smaller Environmcnlal A(h'i.~o~, Board ............................................. April 7. 1999 !{ E I) !{ I':S F:N'I'I': I) IIV: M (')'FI()N: (irad',. \l~nor.() (iradvS, Imor& .\sst~Calcs [)..\ \lade by x,!s_.D__ejgng seconded by .Mr f lcrmanson and tamed .1 ti. to approve I)lanned I/nit l)¢vcbpmcnl No "Malibul.akesl)l'D"withstaIl, s qipulatior~s Xlr l':spmar ,~bst;Hncd f'rotll thc vote ~':lter ,Man;li!ement: · \ c<~py <q' the .SF'\VMI) .";url'acc Water Permil application shnll bc sent (',runty Dc'~¢h,pnlcr~t .q,,:r~. n:es with thc SI)l) subnlitlal .", c(~py t~F lhe SF\VMD Surfilce Waler Permil shall t~c 'qlbrnilted prl(,r 1<~ I"inal SDP apprm.'al l.akc selbacks (r<~rn the I)1 'l) per,meier can bc rcdtu;cd l<~ 25 l'cet ',',}Icrc a t:, ti high F: nvi rcHimenlal: "'do ;IddilionaJ cnv~r('mrr~cnlal sl~pt~JatKms NEW I11'5151':5S: [)lSCt~sslon <q'13){' '\mcndmerlts .MOTION: .(:;O,M 5I E NTS: Made Iw *I_s_j').eJong., seconded by ~J_r_ t ti.Il and carried 5,'0. not to recommend approval oFI.I)C Amendment t~ Section 2.4 3 1 f"<~r a complete record of the proceedings reader is directed to the tape recording oft}lis meet rig. located in the (.)ltice ol'the Clerk to the Board, 5'" f:loor. Building "F", Collier County, Go~.crnmcnt Complex There being no further bus ness. the meeting ,.vas adjourned by order of the Chair Knvironmental ,A(tv~so~ Board MnVdcrdh \}{Atl ~qtall' RCl~ts Blair Foley, Chairmar-~--- ......... MEMORANDUM TO: FROM: DATE: RE: Board of County Commissioners Judith Kraycik, Secretary , Real Property Management Department April 27, 1999 Golden Gate Estates Land Trust Committee Minutes Pursuant to Ordinance No. 87-48, enclosed please find the approved minutes of the Golden Gate Estates Land Trust Committee from the February 22, 1999, meeting. If you have any questions or comments, please advise Carter ,' Const&nttne Mac'Kle v Berry C0,;:,,:; ;'o: GOLDEN GATE ESTATES LAND TRUST COMMITTEE MONDAY, FEBRUARY 22, 1999 GOLDEN GATE ESTATES BRANCH LIBRARY Matthew Hudson Charles 'Skip' VanGelder Stephen Greenberg Karen Acquard Sandra Taylor Judy Kraycik Russ Muller - Chairman - Vice-Chairman - Member - Member - Director, Real Property Management Department - Secretary, Real Property Management Department - Engineer II, Collier County Transportation Department DISTRIBUTION: Map indicating future locations of Rural Safety Refuge Structures Sketch of Rural Safety Refuge Culverts I. CALL TO ORDER The meeting was called to order at 7:00 P.M. by Matthew Hudson, Chairman. I!. APPROVAL OF MINUTES - December 14, 1998 Skip made a motion to approve the minutes as drafted. Karen seconded the motion and the minutes were so approved. III. APPROVAL OF TREASURER'S REPORT AS OF DECEMBER 31, 1998 Sandy reported the ending cash balance as of December 31, 1998, was $400,715.56 and the available cash balance was $347,806.76. Matt confirmed that the difference was the Rural Safety Refuge Shelters. Karen made a motion to approve the Treasurer's report. Steve seconded the motion and the report was so approved. IV. COMMITTEE MEMBER VACANCY Sandy advised the Committee members that the vacancy was advertised again on February 1, 1999, and there has been no response thus far. Steve asked when the six months would be up. Sandy said the six months would be up by the time the next Committee meeting is held. Matt asked Sandy to clarify what would occur at the end of the six months. Sandy said the last time the Committee addressed the lack of response to the advertisement it had been decided to wait six months and then possibly recommend chan§in9 the ordinance which restricts having more than three members from the same phase. V. RURAL SAFETY REFUGE STRUCTURES Matt introduced Russ Muller, from the Collier County Transportation Department, who is coordinating the project to construct these structures. Russ distributed to the committee members a map which indicated the future locations of the structures. He also distributed a sketch showincj the culverts which will be constructed beneath the structures. He stated he has visited the sites and conferred with Sargent Wittenberg and the school and all the sites seemed to work out wilh the exception of the one located at the intersection of '16th and 23r~. The structure had originally been placed at the corner, however, the School Board's Transportation Department requested it be moved to the east as much as 200 feet which places it approximately in the middle of the block. This will allow the bus to 9et around the corner and away from the traffic before having to stop. Relocating this site will not disturb any driveways or houses. Russ said he has met with the District Supervisor from the Road and Bridge Department who felt there may be a problem with one site due to the extensive landscaping directly on the property line of the adjacent property. The Supervisor said he has experienced maintenance problems with this property owner. This site is located at 66~h Street SW. Matt asked what is nearby. Russ answered it is on Golden Gate Parkway close to Grace Bible Church. Russ referred to the sketch which had been provided to the Road and Bridge Department in order to purchase the pipe for the culvert. The pipe has been received and installation of the culverts can now begin. The Transportation Director had concerns that an outside contractor may not adhere to the specified elevations. That is why it was decided to have the culverts installed by the Collier County Road and Bridge Department. When the culverts are completed, construction of the shelters may begin. Russ said thus far he has not found any ready-made structures at an acceptable price. He has contacted the company that the Parks and Recreation Department uses as a supplier for park shel~ers which are good steel structures. However, the price for a twelve foot by twelve foot structure would be $10,000. At that price, eight structures could not be built as is specified in the $50,000 agreement. Therefore, Russ stated he will design a structure that a local contractor could build. He has nol yet completed this design. He added that approximately seven months remain on the agreement. Thus far he has done most of the work on this project at home or on week-ends. He is hoping his department will allow him some time to complete this project. He said it is possible to complete the project in seven months if he is allowed to devote some time to it on the job. He cannot complete it if he must do it at home. Unfortunately, there are currently three vacancies in his department and he is doing two jobs. Matt asked if rainy season would cause delays. Russ said no. The culverts will be installed which will take care of any rain. Karen asked if the structures will be put out for bid. Russ said yes. So far the best price for ready-made is for something called a smoking shelter which is basically the same thing. He showed the Committee members a picture of the structure. He said it is not as nice as the one for $10,000, however, this one sells for $5,400. It is approximately 10 by 10 and has a domed roof. The Committee members agreed it looked like a bu,' stop. Russ showed the Committee members pictures of additional structures for which he could obtain prices. The members chose one structure which they felt would be suitable and requested Russ to obtain a price. The members expressed concern for the type of bench that will be used. Russ stated his first choice is a recycled plastic which is quite heavy. Steve asked if it is Russ' experience that a pre-fab structure will be cheaper. Russ responded in this case a local contractor who may be child- friendly will most likely be better. He is hoping he can find a contractor who will build eight or possibly even ten structures for the $50,000. Matt suggested that both options should be explored. Russ said he wanted to use one pre-fab structure to see if they last longer. Skip asked if there were any. specifications for the building materials. Russ said six by six wooden posts would most likely be used with a metal roof. Skip suggested using reinforced concrete posts which are less expensive and durable. Sandy asked what the Parks and Recreation Department uses. Russ said they use the previously referenced ready-made unit which sells for approximately $10,000 each. Russ said he will check with Parks and Recreation for additional vendors. He said he will do the design himself and have a structural engineer review so it no money will be spent for that phase of the project. Skip commented that the original purpose of this project was to generate interest in the community so neighborhoods would be motivated to construct their own. If the structures are too expensive, the residents will not be able to afford them. Karen commented the possibility of additional business may prove to be an incentive to prospective contractors to keep the cost reasonable. Matt reviewed the situation and concluded the major problems are the cost per unit and time constraints due to staff shortages in the Transportation Department. Russ reminded the members that if the structures are not completed within the specified time, the $50,000 will be returned to the Trust. He also said that the culverts will be completed and at least they will provide an area for the children which is away from the road. Skip asked Russ if the property owners have been contacted at the locations where the structures will be installed. Russ said it was unnecessary as the structures will all be installed in existing easements. Karen confirmed with Russ that the school has deemed favorable the chosen locations. Matt asked if the bid that was obtained for the ready-made unit was a 'quantity' bid. Russ said it was for eight structures. Matt then asked about the domed structure. Russ answered that was for one. He has not inquired what the price would be for quantities. Matt pointed out the domed structure provides some degree of shelter from rain and wind as well as security being that the unit is clear. Sandy asked about the aesthetic issue being that the structure is black plastic and may not blend well with the rural atmosphere. Steve mentioned that he feels they do have a more commercial look. Skip commented something with a metal roof might be better. Sandy also added the structure should not be an eye-sore. Matt asked Russ to provide the Committee with updates on the progress of the project. VII. PUBLIC COMMENT Sandy said she had provided information to the members regarding the cost of 'for sale' signs. She is not recommending the Committee go forward with purchasing signs at this /:", P !'; 0 D time as there has been considerable interest in the lots recently. SteVe asked how many 'for sale' signs are left. Sandy said not many as the signs were moved,~have faded and are used for target practice. It has been four years since the signs were pl~ced. VIII. NEXT PROPOSED MEETING DATE Monday, April 26, 1999 (7:00 p.m.) Sandy stated if any resumes are received for the vacancy, the meeting idate will need to be moved up. Matt stated he will be unable to attend on that date. However, it was decided to keep the meeting date set for Monday, April 26, 1999, at 7:00 P.M. at the Library. IX. ADJOURNMENT Skip made a motion to adjourn the meeting and Karen seconded the motion. The meeting was adjourned at 7:25 p.m ! Naples, Florida, February 24, 1999 LET IT BE KNOWN, that the LIBRARY ADVISORY BOARD met on this dote in regular session at ;):00 p.m. in the Main Library with the following members present: CHAIR: Jaculyn K. bering VICE-CHAIR: Doris J. Lewis Syd Mellinger ,~-r ~, Sabine Musci Constantine Diane Williams ~ac '~ ~e ~,.. v Berry ~ t ALSO PRESENT: John W. Jones, Library Director Dick Benson, President, Friends of the Librafly Marilyn Motthes, Assistant Director Luz Pietri, Sr. Secretory APPROVAL OF MINUTES Mrs. Daring asked for comments or corrections to the minute~of January 27, 1999. There being none, Mrs. Mellinger moved, seconded l~y Mrs. Lewis and carried unanimously, that the minutes be approved as submitted. REPORTS OF OFFICERS Mrs. Daring informed Mr. Benson of the Friends that she will ~ot be one to attend their next meeting. Mrs. M¢llinger mentioned that sh~Olso would not be attending the March meeting of the LAB. I?,iS~ Co~ ~es: COMMUNTCA T~ONS - None UNFINISHED BUSINESS Mr. ,Tones recommended that the Board consider designating the upcoming North Regional Library as the new Headquarters Library. Some members of the Board were concerned with the size of the building. After much discussion on the matter, Mrs. Daring entertained o motion t~:.'relocote the Headquarters to the North Regional Library. Mrs. Lewis moved, seconded by Ms. Musci and carried unanimously, that the motion be opprbved. The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mrs. Mellinger moved, seconded by Mrs. Lewis and carried unanimously, to select Hollie Forrester as Employee of the Month for February 1999. ,~: Mrs. Motthes reported that sign-ups for the use of the Internet have been modified to alleviate some of the traffic congestion in that area. She oiso reported that new filters hod been installed. Tn reference to the method of coiling reserves, Mrs. Matthes~:reported that this program has on option whereby 'exempted' patrons do not:get called. The Library staff was unaware of this option. NEW BUSINESS None GENERAL ¢ONSIDERA T~ZON5 Mrs. Mellinger asked if the Friends of the Library hod contributed to the State's Library Day Fund. Mr. Benson said he thought so, but would check with Mrs. Shoryn Shubert, the Friends Coordinator. ~ i DZRECTOR'$ REPORT Mr. Jones reported that the book sale has netted over $6,000.00 so far. He also asked the LAB to establish a Memorial Tree Program. Mrs. Mellinger moved that the Library Advisory Board establish a Memorial Tree Program with price of such trees to be adjusted as necessary. Mrs. Lewis seconded the motion. Motion carried. On a separate motion, Mrs. Lewis moved that the price for such trees be set at $;~00.00 above cost. Ms. Musci seconded the motion. Mrs. Mellinger abstained. REPORT OF THE FRIENDS Mr. Benson handed out copies of their new brochure. He stated that he has been busy making speeches to various civic groups in town to introduce them to the Friends. He asked the LAB for suggestions on what org0nizotions to contac,. AD,T OURNMENT There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Lewis and carried unanimously, that the meetin9 be adjourned. Time: 3:15 p.m. .i I lParks arid ~cr~i~iou I ~dvisor7 ~oar~ I I ~,~ ~ednesda~, ~p~ gO, 199~ I ~~ ~:oo ~ I a . ~ at ~e ~olde~ ~ate ~ommum~ ~e~ter [ ~ ~olde~ ~ate, ~lo~da ~e: ~g/'/~. ~ Copies To: PARKS AND RECREATION ADVISORY BOARD AGENDA APRIL 28, 1999 The Parks and Recreation Advisory Board meeting will be held Wednesday, April 28, 1999, 2:01) p.m. at the (;olden Gate Community Center, 4701 (;olden Gate Parkway, Naples. I. CALl, T() OiT, I)ER: II. I'I,EI)(;E OF AIA,E(;IANCE TOTllE FLAG: Ill. INV¢)CATi()N: IV. AI'I'ROVAI, ()F MINUTES, February 24, 1999 Meeting ..~, V. AWARi) I'RESENIATION: - .IcanineMcPherson VI. .NEW BUSINESS: A. City of Naples !1 B. William Everett - Croquet Courts - presentation - infl~rmation fl~rthcoming vii. REQUESTS FOR i)ISCUS,',;ION - SI'ECIFIC [IPDATE ITE,M Viii. OLD BUSINESS (' A. Impact Fcc Update !1. Regional Park Land Purchase Update C. Park Projects [~pd:~tc !). Copeland ('- I IX. I{ EI'()R'FS/UI~I)ATES: A. Monthly Report (M:lrch) I)- ! II. BCC Recap I)- 3 C. Adopt-A-Park Rcpor! !) - 4 !). PARAB Meeting Schedule !)- 5 X. Ai),JOURNMENT MINUTES OF MARCH 24, 1999 MEETING A I I I ! I i I i i I I l I I ! I I ! I PARKS AND RECREATION ADVISORY BOARD Minutes Y. larch 24, 1999 immokalee Sports Complex 5t)5 Escambia Street. Immokalee. Fh)rida I'RE.qENT: .-\I:ISENT: Daphne Botcher. ('hairpcrs~m Karin linglish Idccea:-;cd '; ~o~)) ALSO t RI'~SEN 1: STAFF I)RESENT: Maria Ramscx'. Director XIurdt) Smith. l~.ccrcatitm Xlana~cr .lohn Dunnuck. Operations Coordinator Joseph I)clatc. Project Manager Annie Pappalardo. Recreation Supervisor i{asl l)ctcr Wih~ic. l luman Resources Analvsl Barbara Johnstm. ~enior Secretary I!. III. INV()CATION: .hdmth'icc IV..?~i'PI~()VAL OF MINI/TI'~S: Xlotion by Edward "Ski" ()lcskx t~* approve l:cbruarv Seconded by Lisa Barnett. Passed 41}. (;ALI. TO ORI)F,I>,: Thc meeting v. as called ~o order at ~'l~) p.m. PLEDGE OF AI,LEGIANCI.~ TO TIlE FL:\(; [: C ['~ r tl~.tr',.' "" ~ _4. I t){)o IlleClilll2 24. I I I I I I I I i I i I I I I i I I I V. PI~,ESENTATIONS A. Award l)resentation - Peter Wiltsie. l-luman Resources .,\nalvst for thc Parks and Recreation Department. was awarded the Good :\ttimde .,\xxard. VI. NEW BUSINESS: licach Parking Ordinance - a copy of a draft ordinance rcceixcd late this morning t?om the County Auorncv's office was distrihtttcd, l'rcscntlv there is a Resolution in cflbct which covers the beach parking poll%', thc l)cpartmcnt is taking that resolution and putting it in ordinance lbrmat with thc polio\ atlachcd. Because there arc some gray areas involved, and as an ordinance is more cnlbrccablc than a resolution, thc recommendation to thc BC'C will bo to adopt it. This item needs to be advertised belbrc being presented to thc Board of County Commissioners. When the document is finalized, a c~q~y will bc distributed to PARAB members. Nlotion by Gil Muellcr to tentatively accept draft as is with thc possibilitx it may be changed slightly. Moti{m seconded by 'Fire t.?,lackford. Motitm approved and carried. B. Lely Resort Land Donation - a copy of a conceptual plan was distributed view of a 50 acre piece of property betxvecn Edison Community ('ollcgc and I,clv Elcmcntag' School on SR 951. This land is being donated who can put something cultural in nature on the property. Thc Parks and Recreation Dcpanment is attempting to secure thc parcel tbr a park and possibly a library. Thc regional library scheduled lbr Eagle Lakes could this property and would bc in close proximity m thc schools. Tile pink cm~ld possibly have a nature center and an amphitheater where concerts a~ld programs could be held. l'hc Naples Community l lospital is also looking this parcel lbr an outpatient center. There is a stipulati{m thai development would have to bc started bx June 2000. Ibis is ,rely a ctmccptual plan - cost has been determined: it could be financed by impact i~cs or borrox~ing from a revenue bond. VII: Requests fl~r Discussion - None VIii: OLD BUSINESS Impact Fee Update - Thc rate study has been returned with two options - continue to fund beach related items or request these IZ'cs be paid from TDL' funding. The Department is meeting with all required committees to move tbrward and the time frame is approximately two mc, nths before going to BCC. W'hen a proposal is made to TDC for funding ofa prqiect it also goes to BCC and requires 4 of the 5 Commissioner's vote for approval. There ,.,,'ere I I I I ! i I I ! i I I I I I I I I lt H $7 million dotlars raised with the 3 cent tax. If one cch[ o1' ~his lax were x,~ proposed to amend file 'l'l)(' ordinance lo broaden thc scope ol'ilcnls fllat nla~ be applied l})r. I'[lc Board ~d' ('otlntv Comnfissi(,ncrs has thc l]na[ XXol'd. If linc beach programs xvcrc ~oing [o lhndcd by TDC. tl~c 3 cent lax may bc kepi. d(~ ~;m~clhin~ dil'lkrcnt. }~LI[ h¢ hits heard nmhina omcrclc. I~,eai,nal l'nrk Land Purchase Ul~date - the appraisals have been received thc am(rants of $5.250.000 from Steward and ('ompany and $~.l 7(u~(,) from .Xccrcditcd Appraisers. Inc.: thc purchase price is 55.251).()00. I'mu' of thc live Conmfissioncrs need to approve thc purchase of this 175 acre property April 13ill bclbrc thc Dcpamncnl can go fi~rward with a sales agreement'. xcrbal extension to Nlav 28th has been received [}'Olll lilt seller. Research ,,f other available propcrt5 aroulld the location is being conducted. I'hc estimated mitigation on site is one Io one. off'site it could be ten to tmc. thc plan is to develop 85 t~ t)l) of thc 175 acres lbr nature based activities and passi%'c areas. Nlr..\Iucllcr slated that any thing that c:m I',c ,.hmo to td'q;lin property al the present time would be t.'o,q cl'fcclixc illslcad oJ' purchasin.,.z i11 tilt_' I'tlturc. 3. Park l'r,.it'cts I.'pdatc: South Park has bccn :'chained liaglc l.akcs C'ommunit,. I',trk and tI~c ~igns arc in thc process o[' being changed. Number two lake is taking mo~c time than cstimatcd, but should bc completed bx thc cnd of thc x~cck, l'hc buildings arc going up. fields being graded, slabs bcin~ poured, mos~ id' thc utility lines arc in. and thc Naples Nlanor pathway will be complctcd this xxcck. Iht landscape contractor should be scheduled soon. (;,hlcn ¢;ate Fitness Center is open and running xxith only a lbxx itcna~ lct't Oil thc pL]llC}l lisl. An extra ramp and railing arc ~oin~ t,~ bc installed to make entry to thc lhci]itv easier. 'Ibc exchange unit. xxhich brings in fresh air alld mixes it with thc air condilioncd air. had to be special ordered . Thc industry standard now requires this unit. which raised thc air conditioner unit CO~l above the anticipated price. Any new buildings or extensive rcmodclin~ of a building will now require an exchange unit. Usage of a buikting xx'ill c~ictatc replacement at other locations. RFP - Request for l)ropo.sal - ..\rchi~cct [(nginccr,,'qite is all in one package - can consist of several COIllpOllClllS or have a co~structioll nlitllagcr. ~k'ilson Miller designed Eagle l.akes, l'he general contractor gave a set lk'c - a guaranteed maximum price - and hc takes the risk. Thc only additional cost would be a change order requested by the Department. I I i I I I I I I I I I I i I I I I Nls. Barnett inquired about tile Animal Control properly and 1he status of thc dog park. \Is. Ramscv said it will be necessary lbr II~c buildin~ to bc completed - approximately a year- to see how much land will bc available any event il would only be an ncre nnd a half at thc most. ('.pchlnd - ,,\nnic I~appalardo. Ski ()'l.cskv and ~lut'do Smith arc planning look al 3 or 4 vacant lots inCopchmdonFridax. 'lhclcascxxith~hcchurch li~r thc playground area expires in Scplcmbcr. If ilt)l jmcjlC',vcd' it max bc necessary to purchase a piece o1' property. I.I'L4, FI,I,3'TIN(; - For inlhrmational purposes {mi,.. It ix pcrmissihlc to Ilaml <mt litcrattu'c il' no moncv oF services arc exchanged, thc pers<m has a righI It, ho lhcrc in an assigned spin. ;.llld docs not present a hazard. IX: R l':P() liT.S/t'I'I)AT ES: 1. M.nthh' Ret}oft - correction to bc mmlc on Ft.'t'q'tl',ll"C'5 repo~I rcgm'ding Ihs prior year I'CVOIILIC el'thc (}oldcn Gate (.'ommunitv Center 2. Ii('C Recaps - #4 added - I).,\RAB ORDINANCIi - BC{' xotcd lbr t)ptioi~ rcprcscntalivc at large in place ora representative from Nlarco Island. o Adopt ..k l'ark Report - .\,Ir. Blacktbrd reportctl that hc would visit Clam Pass next month. Vineyards is a very busy location and cmph)>ccs arc &~ing grcal.joh there. Maybe mnrc picnic tables could bc used. C()cohatchcc is busy - possible parking problems al thc bt,at latmci~ ar'ca - not enough spaces. f igcrtail - nodfing ncgatixc since lbo drmvning last mcclill,, IlC×I ~[ondilv xvid~ thc cousin ,W' lac Illall Ihmilv wishes to discu:¢s thc possibility of installinL' Stml¢ iF'pc oF nlcnloriat. Thc hut~vs at 'l'igertail lh~at straight Lip ertl\ on high title. 4. I'..\I.U~.II meeting schedule - mccti,lg \viii be at ~.ioldc:l I. iatc £'onmnlnitx' t'enter next month. llpdntcs: '\'here has been I00 sheets of Skatelitc installed at the F, anctuarx Park rink located at I:'ast Naples Community Park. Thc l'rogram Supervisor now has tile authority to nlonitor the contract with the conccssimmire of this skate park. I I I I I I I I I I I I i I i i I I I Thc BCC approved purchase of playground equipment to Gamctim¢. Dominica Recreation Products, through thc Slale SNAPS contract for I{m21c l.akcs Park. Proposals were sent out and a selection commitlcc made thc recommendation. X: AI),I()URNAMENT: Meeting adjourned at 3:25 for a tour of:broth l'ark. This area is going to be revitalized with the hope of having residents lake ownership and pride in the park. keeping it clean and monitoring activities off hours. NEW BUSINESS: CITY OF NAPLES B - B I I I I I I I I I I ! I I I I I I I I 1 6/-/2 '.t CITY OF NAPLES AND COLLIER COUNTY JOINT BEACH ACCESS IMPROVEMENT PROGRAM 1 999 - 2000 LIER UNTY I I ! ! CITY OF NAPLES/COLLIER COUNTY BEACH ACCESS IMPROVEMENT PROGRAM 1999-2000 I I I I I I I i I I I I I The joint ('itv of Naples/Collier County Beach Access Improvement Program (a 50-50 shared program) tt~n~ing requirement lbr this year is $50,000. The lbllowing stlllllllarv of improvements targets live [~l'thc Ibm' beach access points in the City of Naples. To date the program has l'undcc[ improvement Ibr 18 beach ends. ~tlllllllal'V OJ' I'~C;,tC]I /\(,:tOSS Jlllprov¢lllCll[S 1) I~' Avenue South 2) 2® Avenue South 3 ) 8n' ,,\vcrmc ~ot~lh 4) Ilt~' Avenue South 5) 2'''~ Avenue North $2.8OO $2,800 $35,85¢) $2, 100 $6,45(./) TOTAL S50,000 I ! I I I I I ! ~~ EXAMPLES OF BEACH END IMPROVEMEN' Handicap Accessible Beach Platform Beach Walkover Improvements 3a Beach End Landscaping I I I I I I I I I i I I I I I I I I I ~1 ST AVENUE SOUTH 4 16H2 '~ '1 I I i I I I I I I I I I I I I I I I 2 ND AVENUE SOUTH 5 1~H2 '1 I I I I I I I i I I I I i I i I I I STH AvE~UE~iSOUTH ~. 6~2 'I 6 'i I I I I I I I I ! I i I I I I I I I 8 TH AVENUE SOUTH 7 _8~_Avenue Sot~b I 2 3 4 5 6 7 8 Brick Pavers 400 SF ( Street l.,evel} Handicap Access Ramp Bike Rack (Ribbon) Stairs and Retaining Walt ShowerfDrinking Fountain Benches (Molded Concrete) -. t, Brick Pavers Walkway 1.100 SI. l.andscaping & Irrigation 1 6H2 I I I I I i I I I I I ! I I I I I IITH AVENUE SOUTH i,1 th Avenue South I. Brick Pavers 300 SF 2. Bike Rack (Ribbon) 3. Car Bumper Blocks 2ND AVENUE NORTH 2nd Avenue North 1. Brick Pavers 300 SF 2. Shower/Fountain 3. Car Bumper Blocks c 'n, OF PROPO D PHASE IV CITY COUNTY ! I I i I I I I :10 INT FUN D IN G 1 999 - 2000 IER NTY I I I I I I I I I I I I I I I I I I I CITY OF NAPLES/COLLIER COUNTY LANDING PARK RENOVAT[ON PROGRAM PHASE IV- 2000 I)ROi)OSAL It is proposed that Collier County provide partial funding for Phase IV on thc l.anding Renovation in the City of Naples. This proposal is consistent with the fact that all County residents benefit from this park located on Naples Bay. with above 75% of users being tourists or Count.',' residents not residing in the City. Also. the proposal is a continuation of the previously established County policy to assist in funding that portion of the park renovation related to the powerboat ramp and required accessories. PRO.JECT !i ISTORY l.anding Park is located on Naples Bay. Its primary purpose is to provide boating access (sailing. rox~.ing and power) to all Cc, unty residents. Phase I resulted in reconstruction of Ibc ramps and supporting dock structure, as well as some accessory shore protection. Phase Il and Phase Ill original phms were adjusted to reflect actual funding and construction costs. Phase II items either completed or under construction include: 9th Street South sidewalk, north loop walk and lighting, lighting conduit tbr 9'~ Street South. light units for 9~ Street purchased and peninsula walk. Phase Ill original plans had to be significantly modified duc to level of funding by the County and lack of State funding, County funded $2:5.000 &the City's. $60.000 request. Actual Phase Ill items currently under construction or to be started in near future include: additional parking and access, striping and code required landscaping at parking areas. FUTURE IMi)ROVEMENTS As noted previously, final approved funding and actual project costs dictated what portions of l)hase Il and Ill could not be completed as scheduled. Phase IV. as it was originally proposed, has been redefined to exclude thc new park building to house new rcstrooms and stor:mc for bc, ating and activities. ~ F'hase IV as redefined and proposed hcrcin includes the following: I) Boat Related · t. ighting parking lots · Overlay & Striping · [.andscaping parking It)ts · TOTAL BOAT RELATED: $43.000.00 $20.000.00 $7.000.00 $70,000.00 A: landing funding.tM I(~.~) doc I I I I I I I I I I I I I I I I I I I 2} Non-Boat Related · Park landscaping & irrigation $30.000.00 · (iazcbo- South Park $20.000.00 · TOTAL NON-liOAT RELATED: TOTAL I'tlASE IV llUI)GET: S50,000.00 $1 FUNDING REQt;EST FI,tOM COLLIER COUNTY It is requested by thc ('it.,.' of Naples tha! Collier County I'und $35.001L00 (50%) of thc remaining boat related renovations in l,anding Park. TI'tis ',,,'ill complete renovation of thc I'ark. landing funding I I I I I I I I I I I I I I I I I I I North Parking Lot - PHASE IV - $120,000 BOATING RELATED IMPROVEMENTS Lighting, Striping & Landscaping Overlay, South Par.ki.ng L~t - Lightin~h Overlay, Str,p,ng Landscap,ng I I I I I I I I I I I I I I I I I I I PHASE IV - $120,000 BOATING RELATED IMPROVEMENTS I Boat Ramp Retaining Wall & Landscaping Interior Connecting Roadway & Code Required Landscaping 4 I I I I I I I I I I I I I I I I I I I PHASE IV - $120,000 NON BOATING RELATED IMPROVEMENTS North Park - Landscaping & Irrigation South Park Landscaping Gazebo 5 16H2 & Irrigation OLD BUSINESS: 1. IMPACT FEE UPDATE 2.REGIONAL PARK LAND PURCHASE UPDATE 3. PARK PROJECTS UPDATE 4. COPELAND C 1-2 C I I I MONTHLY REPORT MARCH 1999 1 BCC RECAP 3 ADOPT-A-PARK REPORT 4 PARAB MEETING SCHEDULE 5 D I o~o~:o~v~~ ~~o~o-' ~ ~ o o ~ o ~ o ~~,~ $ ~ ~ ~; ~ ~ o~ ~ .- ~1~ o ~mo ~ ~ ~. -.o ~ ~ o o o ~ o- ~~ ~ o,~ ~m~ ~1~~m I ~m~om,~ ~,~ o ~ _ ~ ~ o ~ ~, ~ 1 ~ m - I I I I I I I I I I I I I I I I I I PARK RANGER MONTH£ Y REPORT MONTtI: March YEAR: 1999 VEHICLES MONTH Y'ro BAREFOOT BEACII ACCESS: 3156 BAREFOOT BEACtl PRESERVE: 15,099 VANDERBILT BEACII: 8.525 CLAM PASS PARK: 6.936 NORTtl GULFSIIORE ACCESS: 2.816 TIGERTAIL BEACII 45,175 .MARCO SOUTtl ACCESS: 3.685 SUGI)EN REGIONAl. PARK: COCOIIATCIIEE RIVER PARK: BAYVIEW PARK: 951 BOAT RAMP: CAXAMBAS PARK: PEI.ICAN BAY PARK: I.A K E TRA FFORD I'A R K: 22,550 59.381 44.753 39.106 10.132 115,600 17.747 7.497 2'/.852 3.939 28.078 4.486 46.528 2..112 11.143 13.581 35.190 4.866 20.639 5,500 24.970 VISITORS MONTH YTD 7.574 54,117 36.283 130.960 20.460 107.407 16.646 93.853 6.758 26.669 108.420 277,440 8.844 42.591 I ~.992 71.642 %154 67.386 10.766 111.666 5.789 26.741 32.594 84.454 11.678 49.583 13,200 59,927 PERSONAl, CONTACTS SITE VISITS ,MONTIi YTD MONTI I YTD 14, l 91 62.373 1.474 16.q05 INTER PI{ ETIVE PROG RA MS MONTII YTD I ,I 79 PARKING CITATIONS 3IONTI! YTD 64 293 PARTICII'A NTS VIOLATION CITATIONS .MONTil YTD MONTII YTD 307 2.210 WRITTEN WARNINGS VERBAL WA RNINGS MONTti VTD MONTH YTD 378 953 827 2.738 COURT APPEARANCES ?,IONTtl YTD 2 6 ..MONTtl 16 22 EXOTIC VEGETATION REMOVED: BRAZILIAN PEPPER: AUSTRALIAN PINE: OTtlER: 15 MONTI! 126 449 25 RANGERS: BBCI! P FRIENDS: TTBCII FRIENDS: SRP FRIENDS: OTHER: VOLUNTEER HOL'RS: MOUNTED PATROl, llOURS MONTil YTD 56.25 214 7O0 286 15 YTD 495 1.916 li5 43 REVENUE BEACtl PARKING: BOAT TRAILER PARKING: CONCESSION: ,MONTH yTD 205.168.36 I I I I I BO,,\RI) ()F COUNTV COMMISSION'I~I~,% PARKS AND P, ECREATION RECAPS: March /April 1999 3/23/99 16C2 Approval of $25.000 for fireworks show _~/,..~/99 16C3 Award playground bid in the amount of $75.0110 to Ganletime for Eaele Lakes Park. 3/'23/99 16C4 Approval of interloeal agreements xvith Everglades l'~r funding of park projects. 4/13;99 .... 8CI 4/13/99 8(?2 brine back staff recommendations. 4/13/99 8C3 .... ,"~ppr~wal ofJa?2 l>erformt, r,~ .A~,r I I I I I I I I I I ..ontlnu~ to4,27.99. I I I I I I I I I I I I I I I I I I ADOPT- A- PARK REPORT The Adopt-A-Park Report is provided by the Parks and Recreation Advisory Board. Each PARAB member visits their adopted parks and gives a detailed report of the parks' condition. The purpose of this report is to help Parks and Recreation Department to continually improve in maintaining park facilities. Tim Blackfor(t: a. Vineyards Commnnity Park Report on 3/24/99 b. Clam Pass Community i'ark - t() be given 4/28/99 meeting c. Cocohatchee River Park Edward "Ski" Olesky: D:q)hnie Bcrchc, r: Gil Mueller: .John (; rice: Vacant Position Lisa Barnett: a. Immokalee Community Park h. lmmokalee Recreation/Aquatic a. Tigertail Beach b. South Marco Park a. East Naples (?ommunity Park b. Sugtlen Regional Park c. South Naples Community Park a. Gohlen (;ate Community Park b. I,ely Barefoot Beach c. Bayview Community Park Report on 4/28/99 Report on 6/23/99 Report on 2/24/99 Report on 2/24/99 Report on 2/24/99 I I I I I I I i I I I I I I I I i I I I PARKS AND RECREATION-- ADVISORY BOARD MEETING SCHEDULE 2:00 p.m. DATE LOCATION /. January 27, 1999 Vineyards Community Park. r,23/. 2. FcbruaO' 24, 1999 East Naples Community Park..;5oo '/h..m.~',,n I~r~',' 3. March 24, 1999 Immokalee Sports Complex. 505 l':,c,.,,~,',,.X'trce/ 4. April 28, 1999 (;olden (;ale Community Center, 47oj (h,hh'n 5. May 26, 1999 Veterans Community Park. IVOOh,m,,knh,c 6. .lune 23, 1999 Max ilasse .ir. Community Park. ~;,,hl,., (;ate ll, ndm'ar, t 7. ,iuly 28, 1999 TBA 8. August 25, 1999 TIIA 9. October 27, 1999 TBA 10. November 17, 1999 TBA II. December 15, 1999 TBA NOTE: Meeting dates could be changed due to holidays observed. PA, RAil members will be notified 2 weeks prior to meeting date in the event of a change. PARAB meets every 4'~ Wednesday of each month. ** MEANS A I)A'FE OR A IX)(;ATION IlAS BEEN (;HANGEI). (D) Naples, Florida. March 24, 1999 LET IT BE KNOWN, that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: VICE-CHAIR: ABSENT: ,Taculyn K. Daring Doris ,T. Lewis Sabina Musci Syd Mellinger Diane Williams Norris ,, ] ,lm f4ac'~te ~/' . Berry ~ _ ALSO PRESENT: ,Tohn W. ,Tones, Library Director Dick Benson, President, Friends of the Library Marilyn Matthes, Assistant Director Luz Pietri, Sr. Secretary APPROVAL OF MINUTES Mrs. Daring asked for comments or corrections to the minutes, of February 24, 1999. Mrs. Daring noted that under the 'Director's Report', on a motion to establish a Memorial Tree Program, it should have been stated that the motion had carried. Also, on a second motion to establish a price for the trees to be set at $200 well above cost, it should hove been noted that Mrs. Mellinger hod abstained. Mrs. Lewis moved, seconded by Ms. Musci and carried unanimously, that the minutes be approved as corrected. REPORTS OF OFFICERS - None Misc. Cortes: Date: ~::'~/'~"' ~/J~? Item# /~/-/6-/q/ Copies To: COMMUN'rCAT~ONS Mrs. bering read from o letter she hod received from Commissioner Barbara Berry regarding the relocation of the Main Library. She also stated having received a thank-you letter from Carol Mitchell, who had recently been nominated for Employee of the Month. UNFIN]:SHED BUS].'NESS Mr. ,Tones stated that the plans for the new library were going on schedule. He went over the most recent drawings and answered questions from the Board. The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Ms. Musci moved, seconded by Mrs. Lewis and carried unanimously, to select Susan Anderson as Employee of the Month for March 1999. Marilyn Matthes reported that staff and patrons alike have expressed the need to odd more pc's, especially those dedicated to commercial databases like Ebsco, Newsbank, American Business Directory, some of which are already ovoibble at HQ's but not at the branches, botolines for the branches have been updated to reduce slowdowns. .She also stated that there has not been much response either way to the newly installed filter, Websense. NEW BU.SI'NES.S - None GENERAL CONSIDERATZONS - None DIRECTOR'S REPORT Mr. ,Tones reported that the final count on the book sale was $8,000. The Festival of the Humanities netted $1,500.00 and it was almost sold out. He stated that he hod presented his Civil War program at the Marco Branch the previous night. He also reported that budget preparations for the new fiscal year hove started. New staff will be requested. Mr. ,Tones said that this year each branch elected to have their own volunteer appreciation party. Lastly, he reported that Animal Control will be out of the present site by ,Tuly 2000. Construction of the new library should start then with occupation set for ,Tuly 2001. REPORT OF THE FRIENDS Mr. Benson reported that the Marco Island Chapter of the Friends hod recently held o Luau which was very successful, it raised about $4,000. He also stated that 3f000 membership brochures were mailed out and received o 1 to 2% percent response, so far. Mr. Benson encouraged the L.A.B. members to send membership brochures to their own friends. AD~TOURNMENT There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Lewis and carried unanimously, that the meeting be adjourned. Time: 2:35 p.m. COI.ZIER CO[INTY GOVERNMENT gr)l LAI;REL OAK DRIVE SI ;FI'F, (,(15 NAPI.ES, [:L ~,.1 (9.11) 597- 1749 FAX 19.~ 1) 59':-.i51C NOTICE OF PUIII,IC ,M EE'I'IN(; .~, NOTICF, IS IIF, RF, IIY GIVF, N OF A RF, GIII,AIt MSTBU ADVISORY COMMITTI.:F, AT Till! IIAMMO(?K OAK I)RIVli, NAPIJ!S, FI,ORII)A P.M. A(;ENI)A MF, IH'IN(i O1' TI I!'~ I)I'3.1(',.\X BAY FOUNI)ATI()N ('I:,N'I'I(R. 3.110S ()N .%IAY 5. 1999 a[ I. Roll Call 2. Approval of the Mint,res office April 7, 1999 3. Collier Counly Sheriff's Office A) Community Policing Update 4. Discussion of Pelican Bay Community Web Si~e 5, Consideration of Contract Manager Services wi~h thc Environmemal Services, lnc tbr Fiscal Year 2000 6 Sub-committee RclmaS A) ('lam Bay Stfl)-committcc It) I.onu Ran,,e l'lanninu Suh-commi~tec Berm ~Videning - Svslcms Ill and Exotic Removal 7. Audience Participation 8. Committee Requests 0 Adjourn Norr ts :,-- .... C~rter Constantine firm of Severn Tr'oll ADDITIONAI.I.Y. TIllS N()TI('I-~ Al)VlSI'iS TII..VI', Il: APPEAl. ANY I)E(,ISlON ,MAI)t': P,Y TIll': I'I(I.I('AN BAY ..\I)VI.~OI(~' COMMITTEI_i. \VITII I(I:.SPI.;('T TO .,\XY .~I..VI"I't(I( ('()X%ll)lil(I-:l) ..VI' '1'111.~ MEETING. tie WlI.I. NF.F.D A RF.('ORI) OF T! IF. PIt()('I.;I;I)I N(~.$ :\XI) TI t:VI' F()R SUCH PURPOSE, I IF. MAY NF.F.D TO ENSLIRE '1'1 I^T ..\ Vi':ItlL. VI'IXI I(I'X'()RI) OF THE PROCF. EI)INGS IS MAI)l:., \VHICII Rt';COI~,I) IN('I.I ~I)I!S TI ti:. 'I'F..~TI.~I()XY AND EVil)ENCE UPON \VIIICI! Till:. APPEAl. IS TO Misc. Cortes: Date: Item// ",:'//_,-_Z'- Copies To: Naples, Florida April 7, 1999 I,ET IT liE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. at the Foundation Center, 8269 I lammock Oak Drive, Naples, Florida 34108 with the following members present Dr. Alan Varley, Chairman Mr. George \Verner, Vice Chairman Mr. Joseph Bawduniak Mr. Thomas Brown (Absent) .Xlr James Carroll Mr. Edward Griffith (Absent) Mr. Glen tlarrell Mr. Herbert Hasson Mr. John Hoyt Mrs. Cornelia Kriegh Mrs. Maureen NlcCa~hv Mr. David Roellig Mr l,ou Vlasho ALSO PRESENT Approximately 39 Pelican Bay residents, Ylr Ed Kant. Collier Count,,' Director of Transportation: .Mr. James P. \Vard, Department Direclor. Xlr Kvle Lukasz. Pelican Bay Services Field Manager and Mrs Barbara Smith. Recordinu Secretary AGENI)A 8 Roll Call Approwfl of the Minutes of the March 3, 1999 Meeting Community Service Presentations Board Discussion of Meeting Debate Procedures Collier County Sheriff's Off'ice A) Community Policing Update Discussion of Pelican Bay Community Web Site (Presented bv John laizzo) Status Repons Fiscal Year 2000 Budget Plan Capital Budget Operating Budget Projeo Recommendat ions Preliminary Budget Estimates Invasive Exotic Plant Removal Sub-committee Reports A) Clam Bay Sub-committee Permit Status Construction Status Energy Resources Contract Ludlum Construction Contract Project Design Status - Seagate Culverts - Interior Tidal Creeks - Stormwater/Freshwater Management Program PELICAN BAY AD\"ISORY COMMITTEE APRIL 7, 1999 1F H2 B) Long Range Planning Sub-committee Berm Widening- Systems III and IV Audience Participation Committee Requesls Adjourn ROI.L CAI.I. Dr. Varlcv called the meeting to order and asked that thc record show Brown and Grittith with excused absences Ai)I~ROVAI. OF MINi;'FES OF TIlE ,MAI,ICll 3. 1999 MEE'I'IN(; Mrs McCarthy explained that she would like k) retract a s~atcmcnt she had at last's month's meeting On Page 3322. third paragraph, l.inc 7, "1 m'csponclcd that 1 knew about those incidents, they were the same young man who was in a x~hcclchair and happened to be intoxicated in both cases" This gentleman has lc)Icl mc that information that I was given about thc cause Of this accident was i~lcorrcct ami Ihal hc was hu~ and embarrassed by this slatelllelll [ have spoken 1~ Itu, ~cntlcm;~ and have apologized t~r any pain that I may haxe caused him Dr Varlcv slaled that on Pace OWnS thc aclual berm itself I think I know whal lhat means, which i~ ~hat xxc ox~n ~i~c of it, but lilt ]alld wc do not owl1. Nit Ward replied yes. thc underlyingt¥clitlc Dr Varlcv slalcd that is misleading When vo. s,x th,t I'cmican ILex Sc~x mcc~ owns lhe berm, lhal conveys a dil't~renl message lo people I~ ~hould he ch'anued lu lhal we own the asphah only Pa~e .~.~.6, tbunh paragraph, first line--"Xlr Esler- should read "Nit l':stcs" 3331 PELICAN BAY ..\DVISOR'~' COMMITTEE APRII. 7, 1999 lgH2 [31r.Bawduniak moved, seconded Mr. IIasson tq~?rtn,ed ttltattimottsl), the Minutes t( the March 3, 1999 i umeeting ..... .._..~'ubject to tlt~e~erenced, cha~.,e~'g .. ......... I COMMUNITY SERVICE PRESENTAI'IONS Mr Ward repo~led that once in a while Staff has thc opponumtv to sax to the Pelican Bay Se~'ices Division Advisory Committee and those Advisory Committee who have been fortunate enough to have served with asked Mcssrs Popper, Craighead. Mudge, Young, Pires and Mrs Oblcv lo and on behalf of the stall' we have a small plaque tbr each of you which is a picltnc ground breaking ceremony with a shovel that says CI[III1 [tax I{CMOl'illltql Xla~ch 1999. Thank you for supporting the Pelican Bay Sen'ices Division and all of thc that we have each and every day in the sec'ices that we provide thc comtBun~lv been through your tbrcsight and input that we have been able Io accr)mpli~h all lhal have been able to accomplish on tiffs Clam Bay Restoration Project over thc past three years From thc Start'at Pelican Bay we would like to say "thank vt)ti" current Advisory Committee and to Ihose members of Ibc Advisory ('ommiltcc in the audience today tbr the services that you bare provided to us llOARI) i)ISCIISSi()N OF MEETING DEBATE PROCEI)IIRES Dr Varlev stated that il mernorarldt~m has been previousl5 sent out procedures and docs not feel that it needs to be discussed COLLIER COIIN'I'Y S[IERIFF'S OFFICE Deputy Propper reported that at last month's meeling lherc was a repeal at Ridgewood Park. Mr. Estes' ofrice ,.vas called which reR;renced a number et'juvenile 3332 PELICAN BAY AI)VISORY COMMH'TF.I'~ APR. IL 7. 1999 16H2 't drinkers and that when tile deputies responded they either told thc inctixiclual that tile call. or somebody that saxv what xvas going on. that it was private propcll3 and lhcx could not do anything about it. ! have done ftmher research on that call ;~nd x~hcn thc first unit arrived on sccnc they heard splashes in thc water and bdicx'c that thc ~ndix idu:~15 were either thro~ving out bottles or drinks at that point 'l'hcx llcd s,m:!h location and t~v~ other units that were approaching I?om thc l>hiIharmt~nic q~,l~pcd residenls oF Pelican Bay, so there were at least people l}lill xk k'l C qtl?l't~SCkJ I,, J'k' Lllk'l the rest of the grout~ Eve~' parent was called to come 1o lJlc sccllc Io pick k~[, children There was no evidence al that limo of undcl-;l~c driHkin~ thJt could specifically charged, but duc to some unl~Hunate circt~msti~nccs ~r incidc~l> th,it happened in the not too distant past with underage drinking, thc %he, ill' ha~ Tolerance" stand Anvtinle we do respond to a call xNhcrc IhcIc is Some drinking going on. thc parents of all panics involved arc ctmtaClcd IlO In:ltlcr thc group is Thc hct is. there definitely was something done :lbout this call underage drinking aid trespassing going out to the south beach ~c~timrant :~rca , and one oF our l~male deputies have worked in an ui~dcrcoxcr c;qx~city t,LiI couple of a occasions and wc have been able to Illllkc COIlliICl ',,,th a cottplc juveniles In neither case was there any illcual, activity. ~,,oinu tm 'l'hcv xxc~c and in both cases they had previously been to these locations with reside,ts Bay and were never told bv them or were unintBrmed that they were not allox~cd to hc 3333 PELIC,,\N BAh' ADVISORY COMMITTEE APRIL 7. 1999 16H2 out there. You need to let children and grandchildren know that they are not alloxved out at that location without a resident of Pelican Bay or a pass. Deputy Propper continued that in the past couple days they have received information on possible transient activity or a camp located near the golfing range It ~s a dense heavily x~ootlcd area where ~t was hard to get in. Our helicopter has been taxed tb~ 'time with the fires going on If you see any transient activity in any wooded areas, please contact us with that information [)eputy Propper stated that we have had a lot of activity with rcum'd tt~ thc apprehension of one of the "Dinner Set" burglar)' gangs. We have reached thc time of year with thc time change that ~vc do not have quite as many i)roblcm, but xxc ~til! rcqtlcql that people keep an eye out and be ceaain to lock your homes and set alarms x~hcn you go to dinner It is not to say that it can't happen at any time o['thc year, but it is just m)t our typical season for this to occur We have had a lot of indix iduals come lhrt~tl~}l tt~ identify je~velry that has been photographed and put in books and nothing has bccn identified The individuals that were apprehended did admit to manx residential burglaries, but did not admit to any in Collier County We do know of at least one or}icl' group that we have a lot of intelligence on from the other coast, so we have been keeping a good lookout fi)r these vehicles, but in the last month or so there has been no conlac~ t?om that East Coast group DISCUSSION OF PEI,ICAN BAY COMMIiNITY WEll SITE Dr k'arlcv stated that Nlr laizzo called and asked qucstitms of' ou[ Merlins involved in a community web site, which I thought, were very Eqscinating PELICAN BAY AD\"ISORY COMMITTEE APRIL '7, 1999 Mr. laizzo explained that this all started last year thc bug was put about getting a web site for the Pelican bay residents. I contacted the Naples D'ailx and there is that sec'ice which is available to us anytime we choose Dr Varlcv asked how other groups in Pelican Bay arc rcsptmcling to thi, XIF laizzo replied that it is positive lYom thc standp~int el'the Ft,umlatit,n l'elican Bay XlS'I'lgt.' has been notilled and ;llso thc Pollo;in I~;ix Association Thc ffcling is to go with il. but no one has jumped in Dr Varlev asked il'xvt have to develop our ox~n sub-parc'~ Mr laizzo replied that each florae Pa~e could be developed by thc rCsl*CC~:~c organization h't)tJ will have a basic mentl that will bring up all or' thc access ti~at and then ? into your t lome Pa~e. which is com~oilcd ,tdclv by responsible tbr that particular pa~e You will have a passx~ord that will cnahic keep it current No one can access it and corrupt your data ~lr I{asson asked if it was his thought to combine all ~I' thc a~cncic, glr. laizzo replied not to combine Fach a~ency' ~ould bc maintaining Ihcir site to kccp it current Mr. Harrcll asked the co.'ts*: Mr laizzo replied there is no cost. There may be a $7~,~,~ a year cost looking at that right now That charge may be ~'aived Dr. Varlcv asked what is the tbrmat of thc malerial thai re,cs into this ,itc' pictures? Mr. laizzo replied that you could put anvthin~ you like into it. subject imagination. PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 Mr Roellig explained that the County inputs the Board Minutes, crc ~\'c could do that sort of thing also and you could put a lot more information out to thc public It great for our community, where people travel throughout the countD' at various limos the year You can find out what is going on here at any time. Mr Vlasho asked what Mr. laizzo needed from us to get started° Mr laizzo replied one person from each organization to get involved Xlr l lasson asked Mrs Smith if there was a modem on her computc~ ' Mrs. Smith replied that there was. Mr Hasson stated that it could be done directly out of thc ottice then Dr Varlev stated this seems like such a great idea and asked if there x~c~c problems that x~'e were not looking at" Mr. laizzo replied no Dr Varlev asked Mr. Ward if he had any experience with web sites else'? Mr. Ward replied that he has and over tl~e past [~w years they have pro~ extraordinarily uset~d resources for people to lind OUt i~ll[)rmation ;IboUt that ;iuc~cx have had a lot of?od experience with them. at least on the ones I have I)ccn inxolxcd with. Mr. Bill Monaghan - Hyde Park - It strikes me that this could be very usefi~l the issue of what is the MSTBU. what does the Foundation do and what docs cx'c~ xbod~ else do Mrs, Nancy Gallo -- lnterlnchen - Who creates the Home Page'~ 3336 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 1 AH2 etc. News. Sir. laizzo replied tile responsible entity such as the NISTBU. the F,.mnchuion. Mrs. Gallo asked i£thev have the expertise 1o ,.,.'rite in I IT,XlI? Mr. Iaizzo replied this is a user-friendly program provided by thc Naples l)ail,. %Irs Gallo staled that [ do not know that it is as easv as it sounds Mr. laizzo explaincct that my experience x;ilh thal was when [joined thc Auxiliary ! decided there was a need Vet intbrmation on thc Intcrnct. so I ociucd contacted the Naples Daily News. told them of my problem and they come in and ?t me sta~cd I was off and running ;llld il is m,t a prt~b~c~n ~I' willing to spend some time on it Mr. Ilarrcll stated that thc kev here is access through lhc Nitric, l)a~lx Mr. Hasson asked if this cotlld be handled O[II el'the main ol'l~cc~ Mr Ward replied that xve are in a position to do that il' that is VOtlF dc>irc Mr. Ilasson replied that he would strongly recommend thal xxc il, [Mr. lhts.~'on moved, .veconeled hi' 31ry. ,lh'£'~trtltF and [tqq, ro,'ed ttnttttimouslr to Imrxtt~~ ttnd create a ,,('h site with.th,~, !N~!lJles. l_)t_tji_ [i,}%_,?_? ...... ~ , Dr. Varlev stated that Mr coordinate this web page eltbn? Mr. Hasson ngreed tfasson is a cOIllptller guru ,ul¢t asked i1' hc xNoulj SUB-COMM I'I'TEE REPOR'FS 3337 PELICAN BAY ADVISORY COMMITTEE APRIL 7. 1999 1 6H2 A) C'I.A,%I BAY SUII-COMMITTEE PERSI IT STATUS Nit Roellig reported that tiao activity is going kill steam ahead \\'c ha~c tx~o contractors working One contractor is cutting through the pass anct workinu in that area and thc other is working tip stream Both contractors arc proceeding vcF,, xxcll and somewhat ahead of schedule Mr 'Furrell has indicated they arc about 75°. complete and expect to be complete in about Iwo weeks, tis /;qr aS lhe actual drcdgiHg gt)cs 'l'hcFc xx~ll be some clean up work after that lo empty out the disposal area SOtll}l Or' t)~c paSS. but ever>qhing seems to be going well We are not having any problems with our permits There xvas one article in the paper about turbidity problems, but that has been rcsolx cd in each case It appears lhat the work that would be impacted by Ibc ttmlc Hcsl~nu scastuI which starts May I will be done well in advance of that dale Mr Rocllig continued that the design work tbr thc Seagate CulxcF~ ha5 bcm~:~ The contractor has done some borings and is preparing the plaHs and qpccil~catio~t, There is also handwork to be done in thc no,hem sections alld thal xxo~k ix al,t, proceeding We arc looking at lumping both of them together because it ~s Ht~ illlp,~ltaHl hOW SOOll lhov ale going 1o slau. but lhev are [~Ol}l going Io bc Fc'atlx to g~, lo bid Ill Xlj', The other two projecls will aclt~al[y go ~nlo Ct)HSln~CtiOH perhaps mid-summer ,H' .Xtmust As far as construction goes we should be completely finished by the end or'thc x'ca, Mr Roeltig reported that under the permit we were required to prepare some studies on ground water l]OW and irrigation which we stmling lhal llOXv alld OHCC the contractors are out of our hair. we will proceed with these s~mtics PELICAN BAY .'\D\;ISORY COMMITTEE APRIL 7. 19<)9 1 61t2 Dr Varlcv stated that it is too carl;' to tell. but 1 was cncout;~tzcd ,,,.hun Sub-committee meeting and Nlr Turrell said that he could sec an impro,.cmunl a~: thc tidal ofllow of water Nlr. \Vetoer stated that he Il'els the value of the Sea,cate Cul,,crt,~ ~,, questioned Is that so. or are we going to go ahead and do il anx'xxax ' .Xlr I,t. oellig repliud that he is of'a dilt~'rent opinion ;ind ;,, :,tron,_.lx Iz~ F,~,~, .,1' doing the culverts 'l'hev will add additicmal :',ater to thc ,~uIIl,,'~,. \1~ II.tl,.'hc~ '.'u,.'!, will onlx be iml~orlant il'the pass t~ccotncs mo~c con~ttx'ted II'th:~t ~,,.clc l}x, would be very illlF~ol'lallt There is ';Ollle question as t~ Ilm~ much thc,, ;~z,.' z,,~;~ l,, hell' if ex'ervthing Is flox,,'in,u frcclx, but regardlcss, it x,.~utd bc .m ~mp~,ll.ml project 'l'i~c bottom linc is. il'for some reason s4.')lllcthltl~ docxn I x~,~lk, t'~c~i~',t. to why that wasn't done II is a lo| <.ii' illOltqv OVCl' all. l'~111 i11 Ibc ..,.'~,pc of Ibc a modest pat< of thc overall projec! and I don't think v.c can ,il'I'd,Id to x~;~Ii accomplish the work Il' \'s'e dOll'J do it this SLIIlllllCF it ~CIS pill t~]~' J'OI ;I ',C;~: ,ItlkJ Ih,Il inl;)rmation is that thc peel)lc of %caealc arc xcrx much tt~ Fax,,; ,, 2~ l'hc I cdcr.~l agencies and thc City of Naples arc all in l~xt, ,)I' thc pr<Hoot Dr Varlcv stated that thc draxxings xxould be complete hx Nl,tx Nlr l.ukasz replied in the aflSrmatixc Thcspocsfi)rthcRol~inl.cx~L,~ntcri,)r cuts should be complete llexl week They will then be sent to Imrchaslng tbr bids to Dr Varlev stated xvt should ? ahead xs ifl~ thc culx'crls as B) I,ONG-ilAN(;IC PI.ANNIN(; SI'B-C()MMITTEI': PELICAN BAY ,'\I)\;ISORY COMMITTEF. APRIL 7, 1999 Mr. Werner reporled that a Public Hearing was held on Xlarch 17th lo discuss thc berm widening A lot offuset~H comments were made Our nexl meeting is April 21st and any recommendation will be coming fi'om the Sub-committee Mr Werner co,~ti,med that al the last meeting the Sub-committee ,hark. thc recommendation that we remove the exotics behind Crown Colony ..Xt our Public Hearing i heard as one of the comments lhat Gulf Bay anti residents of ('tmon were now being required to remove the exotics ].just gol a ]ctlcl lodav t]l;ll maybe they were not responsible lbr removing tile exotics thal x~c~c not plug o1' Ibc (',~dc Mr Ward explained that is only pan of the Foundation area ~,l¥of[' Mr Werncr continued thal as fflr as our recomllle~datitm of remox behind Crmvn Colony. we should take a second look al that imm Dr Varlcv slated we do need to rethink what k~e want tt~ do ol cxolics A1 thc mmncnl [ lk'c[ we are a bystander unlil lhi5 disptltc }wlxkt'Cll tl~c and property o~ncr is settled Nlr Ward agreed The County sent a Notice of Violal~on to Gull' thom lO remove the exotics in that area and I think we need to let Il]at rtln lhrough ibc ('OtllllV ('ode Enlbrcement Divismn Nlr Werner slalcd lhat we would be looking al l}lo~c l',~t~ iSStlC5 meeting Mrs XlcCnmhy stated thal Mr Hamel announced lhal tie had SOllt ,1 leue~ ~o the MSTBU saying thnl the Foundalion has withdrawn it's requesl Io hax c lhe berm widened If lhnt is the case why should we even have Io lalk about il" Why nol think aboul molion Io lane the widening of the berm° Does thai make any sense~ .~a40 PELICAN B,.\Y AI)VISORY COM,MI'TTEE APRIL 7, 1999 16H2 '1 Dr Varlev replied that it ,,..'as in the Sub-committee. ,Mr \Vcrncr stated that it ,.,.'as a Sub-collllllill¢c l't'Ct'~IllllK'll,:taliOll. II;~1 .I Ilcm; t-tarnel recommendation, so ! x~,outd like Io lake it back t,~ thc ',it~b-c,mm~Ircc I'~t .J reco~lmelldal IOll STATUS R E PO II'I'S FISCAl. YEAII ~111111 III'Ill;ET Xlr kVard reported lhat ~e are at the poi~ll i~l IlK' xea~ ;lu;~n xkherc begin planning Ibr our I:i~cal Year ]1111() Itud~cl I:t~r lhosc ,~1' '.,,t~ ~ho ha~c '.~o~ l'ccn lhrough lhis i,~occs~, asa ~avofback~rotmd inll)rmalmn li~ '.~t~ ,~u~ lluduc~ l~om October 1. 1999 thr()u~h September 30. 21100 Ill l"l,,nda m~q ~1 of tl~c governments have a slandardized Fiscal Year. ~'ilh Ihe ¢xc¢pJl,m oI' thc Ik.~ ,uch as thc School Board and seine ~late a~ellCJes ~111d~'r lhe SlilIiiIL' ~,~il ;it~. rcqui~cd lJlal budg¢l tbr purposes o1' assessing your resld¢nls I)cl~ccn IlK' p,.'~i,)d oI' .Itinc l~ and September 15 of lhis ','ca~ 'l'ha~ is IlK' legal ~indox~ ~xc '.~!1 ,zo ~h~,t~!~ advertisin~ of Public I leafing and . ol~ce of Assessmenl im~ce~s ~o all rcs~dcm~ lhe community tbr lhc purpose t~t*adopling thc Fiscal Yea~ ~J~{~ llu(tucl ami li,~ ~hc purpose of levving the Non-ad valorem asseSSlllelllS tbr lhe ~cr~ ices Ih;il ~ ~11 bc !,;',,~ idcd 1o you We do Ih;il in a muhi-slcp p~occss Firsl ol'alJ, x~L' lake ,in ~,l~l)~lumlx to vou i~l very preliminary tk~rm a~d lhal is ~h~ll I am uoinu Io ~o lh~ou~h Ibc se~'icesarelhal arecurrentlv provided lolhecommunilx Wc itlcntil'~ in a ~omm where you can make some macro decisions ~ilh respect sen'ice, the type of service and some ol'the li~n(tin~ levels liar ~hal I call lar~e~ capital projecls that are not wilhin lhe our normal opcr;lling tmr~ ~'~ .I 341 PELICAN BAY AI)VISORY COMMITTEE APRIL 7. 1999 16H2 'I Mr. VVard explained that in order to identify and understand in a macro-sense what it is that you have here in Pelican Bay, I have identified and explained tl~c levels sec'ice in three cate?ties i.e., Mandato~,, Essential and Discretionary Mr Ward reviewed in detail the Preliminary Budget lbr Fiscal Year 201}t~. a of which is attached hereto Nit. Wcrncr stated that as ilar as Fresh water studies we arc trying to develop scope that is acceptable to the agencies, is that correct? Nit Ward replied in the affirmative. Nit Wcrner asked il' we xxcre m)t then supposed lo tto thc qttldV atiel il }la~ accepted by lhe agency R~r a period of two or three years'? Mr Ward replied the scope has actually been accepted at this pt>iai by thc regulato%, agencies I think to some extent you are right, we will tto some slttclx x~ot-k a year or two befi, rc we make some determinations and that is x~hv I rcctm~mendcd keeping this Rcsc~'c at this point Mrs McCarthy asked if one of the bcnefils that is going to come out landscape and irrigation is that we will no longer have to do so much x~ateri.g durin~ thc middle oF thc day, which is not optimum From a water conservation standpoint" Wc arc watering a lot during thc day and environmentalists tell you that iF xou do thai dtHin~ day you arc losing most oF it When I asked this question last. I was told xxc h',~d restrictions and we had to water during the day and will any of'this s, dvc that problem" Mr. Ward replied that it could solve some of that problem in thc sense that thc context of lhe landscaping renovations was lo essentially change iht landscapin~ palette In Pelican Bay what you sec along Pelican Bay Boulevard now would chanuc to mt,re PELICAN BAY A1)V1SORY CO;XlXIITTEE APRIL 7, 1999 6H2 a xeriscaped program and what you see in the Oakmont area That in anct of itself ',,.ill change the watering requirements For example, we use probably 25°o less ~alcr in Oakmont than we do anywhere else in Pelican Bay jusl because oF ~he cha~ue in thc landscaping palette I am not going to tell you that you calmot NNaICF dul'in,2 thc cl'.tx because [?ankly. you cannot water all oF Pelican Bay bctxvccn thc I~ours oF ~ ~,) 1' XI r, llld 6:00 A.M. We arc one of the biggest users of this system, we haxe to ad.jt~sl ~o x~hcn everybody else is not using water That is some of the problem, and can partially bc corrected Mr Bawduniak asked iFtherc were txvo entrance lllaFkcrs bc~mu considered ' Mr Ward Feplied there are three Mr. Baxvduniakreptiedthatisabout5150.OOOcach What a~cthc5 ?~ngtol~t~b, like for $150.O00~ That is the price ora condominium Mr Ward replied that we priced out a marker similar to ',~i~:, vms haxc o.t thctc in just another slx'lc or material, such as granite or coral ('crlalnlx xxc did m~t I~lml an elaborate entrance likeat Pelican Marsh. Kensington or Pdican I..~diuu 'lhat clcadx ~. not in these numbers, but just a change out to raise it to a level ab,,x c xlJlil[ Xt~tl CLll'J'ClltJk have. Mr Ilnsson stated that he agrees with Mr Baxvduniak lq:at isalo~,q':mmcx :;.,~ three entrance s~gns Mr. Ward replied there arc six. tx~o on each ~ictc ol'thc chit.[:ices Dr. Varlev asked it'lhere would be a number ofoptitms ollcc x~c xXOtlJd <Ct into it" Mrs. NicCanhv asked if there would be competitive bids" PELICAN BAY ADVISORY COMIVlITTEE APRIL 7, 1999 Mr \\'ard replied ),'es, these are just budget numbers for purposes of fur~d~ng You have to pick a design, pick where you want to go and develop a more definitive budget nun~ber, then bid it and see where it ends up being Dr. Varlev asked it' Mr Ward l~]t that the street siuns could be done 5165.000" Mr Ward replied that he was hopelhl that he had enough money in the ~otal to this entire project I know what some of these developers are spending on entrances and they arc just incredible numbers tbr what you see going in these daxs Xlrs NlcCarthv stated that she does not know what therigi~t dollar amount should be. but we do need to update our entrance signs and it is n very old lhslmmed look XVt are competing, whether we like it or not. with lhe newer communities and x~c do nccd some more substantial signage. I agree it seems extraordinarily expensive R)r gra'.~tc Having just put granite in my place. I could do my entire and eight apartments in tbr that price It does seem very high. but at the same time I (t~) say that '.~c should something pretty classy What we have right now is unacceptable Dr Varlev explained lhat the purpose of this is to get a number inlo thc bud<ct is not that we are going to spend exactly that amount Nlr Vlasho nsked if all entrances to Pelicnn Bay were ctmsidercd a~ld ~lot three° Mr \Vard replied there are no other entrances that have entrance signs ol}lcr North Pointe. but that one is located in Bay Colom,' Mr. Vlasho stated that he wondered if these should n! least bc funded to see il' want to do them \Vilh regnrd to Christmas lights, one el'the ne:,, developments asked PELICAN BAY ..\DVISOR, Y COMMITTEE APRIL 7, 1999 ! 6H 2 decorating ,.vas going to be done at their end They Felt like seco,:ct cla-;s citizens The minute you start putting next' markers on the three .vou are going to have the people living near the other three or four asking what about us? Mr Ward replied we can look at thal. but along US 41 are your lhrt. c prim:u-5 entrances. The corner posts at Vanderbih and Seagate are maintained ltotel alld Waterside Shops respectively. Those tx~o are lllkcll cilrk. no markers at Seagate Drive or West Boulevard Along Vanderbilt at there is no entrance marker The only other marker is al NoH[1 sign on lhe Bay (~olt)nv side which xte will be maintainin,~ so ct~anged out Il is nol a major entrance, but lJle %voode~l sign ~ill Mrs Nlc('arlhv asked if we have ever considered ercct]nu 41 to keep sound out and then landscaping in t~ont of il so thal it ~ould nol bc ~ isiblc" Mr Wnrd replied lhat we have not. but what we have done have witrlled t}lal is votl will notice at the entrance at Barringttm. [llill ~taS pHt i~ bV tilt' developer A ]O1 of the individual homeowners have CO~ll~lt~k'd 1}1ili SilIllC ac~t~,tical t~ncing ilJOllg IJlere [I ~s ~urv expensive ~llateriaJ so x~u llano our projecls, but we have idenlified tbr those residents a IOCaliOn lbr ~he lbncin,e il' thc~ xvanl to pul that direcllv behind their home. Some of lhcm have chosc~ you will see portions oflhat l~nce if you walk back there Xlrs Xlc('arlhv asked il'that l~mce xxasn't Nlr. Ward replied lhat il is concrete The wood that ~as much toned out. We have leti il there becnuse it t~ovides an acot~5lical barrier lbr those 3345 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 people. The few pieces we have taken out I do not like having taken out because it is toc~ open at that point ,',.'Irs. McCarthy stated that she has heard from Realtors that the noise levels have gotten much worse since tile traffic is much worse than it ,.','as fifteen .,,'cars ago I curious as to why we did not extend tile sound barrier all the way up and dou. n LrS 41 Mr. Ward explained that is something that you can consider It is a relatively expensive number and we can put that together ifyou want lo consider it Mrs McCarthy stated that if the population is going to get as desperate :ts x,..e read in the paper, tile highways are going to be twice as crowded as they are and that noise is going to sta~ to impact a lot of people Dr. Varlcv stated that the feeling of tile Committee in tile past has bccn to maintain the landscaping and add to it. but when it gets into actual t'cncing parlict~liu'lv expensive as acoustical fencing, we would not make that step Mr. Roellig stated that there are sound standards and I don't knoxv it' tilex' ,.,.ill bc staying in contact xvith the State as they design the changes to [.IS 41 On these types projects they often do sound studies and as pa~ of the road improx cmcnt and s~)mc sound devices could be necessary or possible Mr. Ed Kant replied that is typically done as part of the TDD I'rcliminarv Engineering Studies. This road is designed and going out to bid next monlh Bids will be taken in July and you will probably start seeing some aclixitv in the September time frame. /\s far as tile sound attenuating is concerned, thc Ctmnly and some i)rix"atc concerns put some of these concrete walls up. The most recent addition is on \"anderbih between Goodlette and Airport Roads. Also one is further back on Vanderbilt behind the oo46 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 Monterey Development. Right now we are working with some other looking into this subject. What you have now is a berm that is i~1 some c:tscs almost twenty feet high and putting a wall on top of thnl is. in my opinion, going 1o be marginally effective Marginally effective because the way the sound tends to travel Sound is already traveling up along the berm and you are putting ,omething up ~xherc the attenuating has already reached reasonable levels By the time you gel up that high ami that far a~vav you have pretty much attenualed. YOtl might pick up ant)l[lcl' 5 decibels but you are not going to notice that in your listening The sho~q answer is x cs. I:[)()'l' required to take those issues into consideration and there are recommended standards. there is no State or Federal law that requires that certain sound illlclltlalioll take [)lace Collier County xve do have a Noise Ordinance. but typically that docs m~t relate roadway construction Dr. Varlev asked how fl~e projects on Vnnderbil~ Beach Road ha~ e bccn Mr Kant replied WC1 thnded lhose Dr. Varlev replied no. the ones over li~rther Xlr Karo explained the Cotinly. in COIIjLInCIiO~I x~ilh thc Nlol~Ic~'c'x thnded that wall They are going to take care of thc Jandsci~i)~ng l'hcrc is a between that road and US 41 US 41 was here and the road at XlOnlcrev was a b,'a,~d road. so there was a consideration given to lhal. AI this point I do Ilot know of anx'thi;~ being planned lbr US 4l. Nit. Vlasho thanked Nlr Ward tbr including US 41 in the bud,,et There is still lot of work to be done. but at least il gets it doxtn on papc:' al!d quasi-Iht'trial so th,t: 3347 PELICAN BAY ADVISORY COMMITTEE APRIL 7. 1999 :I. 5H2 people know that it is being considered. How it gets done and how it is funded is another issue, Dr. Varlev asked for an update on the maintenance issue''~ Mr, Kant replied ti'mt there should be something given to tim Board of County Commissioners either late this month or early next month Mr Carroll stated that as part of community appearance there are ney. pipes that are being pta in tile community and being painted purple, xcllow etc From appearance standpoint dc) we have any authority to dictate at all hex,. tile.',' get put ti'mt they do not look the way theN' are lookingS' Mr V'.'ard replied that we do not. They are called backfire,, prevention dcxices Over the years the regulator5.' agencies have come down with rules tbr Ilo cross connections and thev do not want water flowing backwards inlo th,: main disltibtHioll system from homes. Meters that were once underground have ill] been raised otlt of thc ground. In condominiums that manifests itself in these huge things that arc six IL'ct and sometimes Four feet wide and tiley do have all sorts of colors on them \Ve haxc asked and ".ir Kant's department has been pretty helpful in painting them somcthin,.z less obnoxious than purple and pink Some of tile color is mandated by the rules oFFI)liI'. but they do like to keep them different colors tbr whatever reason Their location, size and shape are dictated by the undergrot, nd design that you have Mr. Carroll stated the new units have them going in ti diltL, rcnt manner, but thc older unils st,ch as the Crescent noxv have a monster out there and I presume they will go to every condo along Pelican Bay Boulevard nnd pull the pipes up ,m the fi'om lawn It' oo48 PELICAN B,,\Y ADVISORY COMMITTEE APRIL 7. 1999 you lalk about appearance it seems to me we ate getling into something that is detract tYom the community Nlr Ward replied thal he does not disagree They arc hideous Dr Varley asked if they have ~o be painted difl~rem colors" Mr. Ward replied that when you have a dtlal distribution system, a ptstahlc x~atc~' system and a reuse water svslem lbr irrigation StlCh aS i~l Pelican Bax. to thai see difl~rent colors on those above ground backtlow prevention de~ ices Nit Kant stated that the ]axender is the reuse wiltel' illld ~}lil[ i5 it colo~ that purposely picked so that it would not be mistaken Thai is a I.'cdc~al 5t:lndald Nlr Roellig stated that it was stated that lhe shrubs x~crc cut ;mnt~allx the sh~bs where there is a line oF sight problem tbr drivers, shot~ld lhcx be l~immcd ol]en° There are some lhal block your x'iex~ of Ibc roadx~ ay Mr Ward replied lhat in both instances yes. we could do that Somcttm~,s it periodically il' we get cnlled. Nlr O'Connor made mentionc, d o1' one h~caticm before the meeting, which we will take care of tomorrow Il' a resident sees a i)roblcm anti ]els us know we will take care oFil Mr Roellig replied lhal another example is where xt~tl COlllk, t~tll ~1' ["l~ parking lot onto Pelican Bay Boulexard There are q~rubs that ptccltsdc xou t'~t~m oncoming tral]Sc Some oflhese large shrubs thal arc nelu d~ixex,,axs need lo be at Sir \\'ard slated that we sit in trucks, x,,hich tend to be a little higher ~han a car Dr Varlcv stated that ns we gel tklrther along here I a,, ?i,g tt) i'cqucst thal break out llOt X~}l;ll is the Resloralitm [~rogranl. but ~lt;ll i5 tilL' Ilt~l ~aJ tllililllellallcc III PELICAN B.,\Y ADVISORY COMMITTEE APRIL 7. 1999 18H 2 ' i conservation area and deliver it to the Count',' as a bill. We agreed to do tim restoration. but when it comes to tile aerial fly over photographs and the exotic removal. that property we ought to at least take the effort to make them pay lo maintain Mr. Ward explained this ,.,,'as intended lo give you that level of scrxict. ~xhich 1 think, if that is what you want to do. this is the number and program that ,,'ou Natural Resources Mr Wcrner asked u.'hcrc the Rosewood trees are Iocattd'~ Mr Ward replied along Gulf Park Drive and along Pelican I~av I:loulcx ard of Chanteclair Mr Bawduniak asked if the $1~000 per tree included tilt repair of tilt sidc:,.alk where they had been damagedo Mr Ward replied in the affirmative Mr. Hasson asked' why the exotic removal would t)nlv unCOml~a.,s I'I',~11'i ~hc Coronado to the Claridge" Mr \\'ard replied that it is developed areas only ,Xlr \Vcrner stated that this completely ccm£uses him x,\'c v.'crc I(fld you had to take them out all at once and if you did not lhev would gtox,, ri,.2ht !~ack into where thcv were removed. Now you arc saying that x~.c walll It) do i! oll basis, Mr. Ward replitd these arc areas where materials have already bccn These are not active development areas Dr. Varlev stated that with every'thing we bare golltn l¥om the CotllllV it sounded to him as it' there is an elaborate plan for removal of exotics Every properly 3.~.0 F'EI. IC,.\N BAY ,.\I)VIS()R'C (?OMMll'TF.[.~ APRIL 7. 1999 16H2 't supposed to have some type of an annual plan and have thc phli~ approved ami on lilt with the County. It seems to be that this exotic thing is getting a lot more complicated than what we thought originally We thought we could jt,,t cio ~t. pay over wilh It seems to me that the propei~y oxvners are now uoi,m t~, t~c i,~x,q,,cd ii1 il flow docs thi~ change our role in it'~ Nh Ward replied lhat it changes it at least in lhosc ;,'ca~ cntbrccmcnt actions going on rig}ll now. along the Gull' IMiv area ils course That is one problem area Thc other major problem exotic in/~station is out along thc US 41 berm iii thc oriUln,iI I'cl',can According to Code J]nJ~FCL'IllRIll \hal iS ill an area lhal ~kil~ dc~cloped pFit r Io thc Development Code being enacted and as a result of that is llO1 Stl[).iccl Ordinance which was new when I saw that todav ! think lkw thc b;~lancc Systems I and II. the area From the Registry to the (?ommou, CJariduc.. cie we otl~Jll~ to lake an ;lclige role ill ll%'ill,,. ~ to kcup thc c'~,,tics ~tlt Clam J~ilV Restoralion Program A Jot of this progranl is Jlllk'lldk'(J to handle that I think the Cotlnlv Oll~ht lo be tile one xkht, ?m:u'il', exotics on the west of the berm We ceaainlv asked l}lClll Io cio Ih/it get some invasivc materials back up in Systems 11 anti IV ag;tin I just think il' x~c can budget Sl5.000 a year to do it, we ought to cio it 3351 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 .1 6H2 Dr. Varley asked if he felt it was the property owner's responsibility m rcmoxc exotics and then we would have a community program to keep them Mr. Ward replied that is what I am suggesting. Dr. Varlev expressed that this has to apply to more than along the berm This has to apply to even single famih' homes Mr. Ward replied that he is not aware of single fimiilx htmlcox~ncrs exotic problem You are not going lo see it in a home. They arc just so well lamlscapcd around this community at least Dr. Varlcv stated there are certainly exotics that back t~p lt~ thc propemy on the corner Mrs. McCarthy pointed out that there are a fair number of Brazilian Pcpt,crs by the south tennis couHs at thc Commons. Mr. Werner commented that the recommendation of lhe St~b-col~millcc get involved and stall maintaining the sites. Dr. Varlev stated that he thought we were going to remove lhcm also Nlr. Werrlcr replied that we were until we fotmd out x~e wcrc not rcsBm4blc them. That changed the second pan oF our recommendation, since it would bc more efficient that we maintain it rather d~an expect the individual property o~vncrs h~ Mr. Vlasho asked if there was enough money in the budget to do this ~o~ Mr Ward replied that he t'eh that there ,.,.'as estimates from contractors who do ti'ds type of work I do not want to do this in-house I think if xve do it on a quarterly basis and keep it small and keep plugging at it ever\' quarter, it will be suflScient timds to do it. 3352 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 Mr. Carroll asked why we had to put such a small amount of mo~ev budget'? Do we not have enough to do it this vearV Nit. ~Vard replied that S8.000 is not in your current years budget. l)r Varlev asked if the vines are exoticsV Xlr Ward replied they are exotic.,, Dr Varlcv asked if they should have been taken out to bc. ui~ with" Nlr Ward replied yes That was a whole diftbrent lhndinu level talking about in this program is to sta~ eating away al that problem ~ilh year qua~erly program. You are not going to get this nil in day tree. bul program in place, over lime you will see those eXolics starl tc~ decrease including those vines Nlr. tlasson explained that vines are pretty prevalent t)ll both sides of the Orosvenor there are wetlands behind us which contain Iols ol'x lilts, alld the Commons Who is responsible for that? Mr. Ward replied that what xvo are talking about dt~iu~ in this put a Sl5.000 a year program in place, xte xx ill begin to start Io acidness the It is not intended lo go in on day one a/id ~emox'c all t)f thc x il k. 5 but slowly over time o11 a Clua~erly basis sla~ to remoxe thc balancc t,t' thc exotic> there and to keep them maintained This issue xxill take three o~ Ibc.' years control under this kind of program Dr. Varlev staled that he was led to be!iexe that if x'ot~ did i~ that never~uet ahead et' it You either =,,o in and .ucc it out or you have a tbrc,, cr PELICAN BAh' ADVISORY COMMITTEE APRIL 7, 1999 i6H2 Mr. Ward replied that is a major problem. What I am trying to get t,s to ti() is get in the business of starting to do this. Mr. Hasson expressed, look at what happened at tl:e Heron When that area was cleaned out it looked awful and still does not look good, even thouuh it is groxving back Mrs McCarthy explained that if we do not tackle this ~ine issue aggressively, x~'e arejust going to lose all ofthe trees that nrc east ,al'the berm We haxe already lost a lot and the only reason we don't know it is because they arc coxcFcd with the vines. Sometimes it makes sense to go in and do somethin~ that is not torFiblx popular or attractive to save it long term. Long term ifwe don't take an aggressixc we are going to lose all oFthese trees Mr. ltasson indicated that he agreed. The vines are takinu ,~', cr Dr Varlev expressed that if the property owner is going to L&c them out to begi, with, maybe we could have a more ambitious program oFgoing back and replanting Wc could get them out and done with, then replanted so that they look Mrs NlcCa~hv stated that in the buildings she is referrinu ~, thepropcr~y could not go in there You can't spray there because those ~atc=, ,~rc going to go into Clam Bnv and the Gulf' We jusl hax e to go the old thshioned ~ax .::wi clip them Mr. Ward replmd there is no question about it. it is a cont:.,ctur that has ti) ,,o there and do that work Mr. Hasson asked how do we do this'~ Suppose our condo '.xanted to go back and clean up the area behind our condo, what procedure do we ha',c ~,> take? We arc allowed back in that area 3~54 PELICAN BAh' ADVISORY COMMITTEE APRIL 7. 1999 Mr \\'ard replied that tile Dorchester and Grosvcnor is m~ a Corps iurisdictional area. just a pan of the water management system You arc ;,.'clot,mc lt~ ,_20 in there and clean those exotics out ifvou x~.ant to do that Essentially that is~hat('odel-.'n~brccmcnl is telling Gulf Bav to do. \Ve would certainly want to see thc pro, ram that ;ou '.~ould pul in place to remove ti~osc exotics if votl wanted to do that. bul I am not av.'arc of an,. prohibition of you to do that Dr Varlcv asked if Mr issue? Werncr's Sub-committee v. crcv, illin,2, lt~ umh:rIakc lhi: Mr Werner replied in tile afiSrmative Mr Ward stated that from his notes from bct'ore, to rcm~we those particular location and to go through with a complete replantinL_, progra n Ibc cstlmatt..d cost ,.,,,'as approximately S200,000 vines. klrs NlcCarlhv stated that you don't do a ret~lanting Mr. Ward replied that x~.hat you said earlier is correct \\'hen '~'m~ :c::'.,xc that material you arc ~t)ing to have a lot or'dead trees ami you xxould haxc Io tq,l.cc xvith something smaller than that. but I think you arc still ?inu Itl have sonic to deal with The thought in Ibis budget was lo get stalled xxilh I1. ,CC XXIIUI'C X~C gO and if we need ~o go thnhcr then let's go thr~her Mr. Hasson asked ifwe are going to reach a point xxhcrc $,,mc agencx is come a~ld say they have to be removed') Mr. Ward replied that he docs not kmm thc ansxxcr to that 3355 PELICAN BAS' ADVISORY CO~.IMITTEE APRIL 7, 1999 Mr Hasson stated that xve could just sit back and ~vait and let everythin~u run down hill, which we don't want ~o do. Mr. Ward replied that he is not recommending that you do that, at lc'asr not terms of maintenance The question has become do you want to remove all of those vines and what I am telling you is to get sta~ed on a maintenance program at least your Fiscal Year 2000 Budget lt'you xvant to evaluate an immediate removal of vine, with a replacement pro,ram I had originally come up with a number of about S2~L At least let's put something in this budget to get started xvith this pro,ram II'~c x~ant go bRc~ ~nd do th~ removal~ we can ta~e a look at it and se~ ~vh~rc w~ ne~d to ~, I tL'cl relatively stronglF about putting a maintenance program in place Dr Varley asked iC the ~reliminarv ~udget would b~ avai[abl~ at the meeting'~ Mr Ward replied i~ the a~rmative Dr Varify ~plain~d that h~ would like to ~c~ how thig fit~ ~n ~ith othc~ and looking at th~ whole picture to see how ambitioug w~ Gan b~ Sir Wcrncr asked about thc narrow berm maintenance, d~cs that come out operating tbnds, or is it not that biu a deal or xvhat'~ X.lr Ward replied yes to all ofthose questions Mr Ray O'Connor - Pelican Bay Property Ox~ners Association -- k~'ith I'c~ltd the berm alon~ US 41. lhave had a lot oF inquiries from people ~ho live alonu that berm and always in context of the Ioxver property values that fl~ev have because of xvhcrc thc,, are located [ was very interested to hear what you said about il'th~e berms :irc Ill,eon t~ twenty feet high and you put a noise defector Fence on top of them x~e are not scninL: 3356 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 moneys worth from tile expense. Ill could get from something from yot, r of'lice showing me the height of that berm, I can then go back to the people and give them some kind relevant information as to what can or cannot be done Mr. Ward indicated he would provide that intbrmation Mr Pemzzi - Pebble Creek - With regard to ~hc exotic removal. mentioned about the wildlit~ I have walked lhal berm for live ~c,trs and where Ibc area behind the Coronado and Marbella has been cleaned up there i~ m~ xx iltlli[~, there at all. What has a priority hereO Is the exotics or the xvildlilU thc prtority" Nlr Ward explained that traditionally what you see in I"l,,~tda is thai ext,t~c> tend to reduce the amount of wildlit~. When you take the exotics out ami lJlCfl <t~ ~t ,llld some replanting. Ibc wildlife will begin to come back. probably ,t~ongcr lhan xxhat saw before the removal }[opefully that will be Irue when Thc (',,rouadt~ arid Nla,bella finist~ with their restoration progrnm Mr Peruzzi replied that it appears they are tlikirlg Otlt Illt,lc' tha~l reqtlil'cd I'het~ you have to take lhe tools out also don't you0 Mr. Ward replied that lhe roots are cut and trealed in pi,icc gt~llle i~e WCi does have il very aggressive plan in pJace [hr the ('or(re,ldo ,tr~t %larbcJ]a [ 5axx linc plan and ! think it will be beneficial to everyone when il is completed You xxill like the end of the day There are a lot of next aquatic materials gt~t~g ~J~ ~he al'ed Mr. Pen~zzi replied that as fnr as the vines go. they are 5pra~ ~:~g lilt)se tm thc berm. Mr Wnrd explained thnt the wildlil~ nrotmd tho ('oronad,. a~d Nla~l~cll:l has left due to the const~ction. We had scheduled for reinstallation tbr ~l~c second xxeck of Nlax 3357 PELIC..\N BAY ..\I)V'iSOP, Y COMMI"I'TEI~ APRIL 7. 19~)0 16H2 We held olTon that reinstallalion because the Fot, ndation asked us to do thal the residents left That restoration effoa will happen in Mav and I~v next se;tstm xt~u x~ill see some substantial (lifference in tho look of that area Xlr Pcruzzi asked who paid tbr that'~ Xlr Ward replied WC1 Xlr. Warren Mcllale - Breakwater - At tho lilsl meeting ~e were reason we were looking at the berm widening was al the requcsl of the Fot~mlation that the Foundation had withdrawn that request, x~hv arc xvt r~t,x~ contint~i~m ' Dr Var'lev St;lied thai we were ilol Iookiflg ill ii ils ii ICtitlt'M I'ltHll thc l",~tir~datl~m Xlr Mci [ale stnted that is what was said ill Ibc I)r Varlcv replied ! do not know who made the SlalClllCilt Il ~as a pr,q~osal thitl wns brought to t}le ('ommittee as a possible thing lhat xtc sh~>t:hl c~msidc~ It ha~ bcc:~ considered and Mr Wcrner's Sub-committee is looking ill il and I ~cc m~ It':lsOll II1 thc world xvhv his Suh-commiltee should not kVil}l and Ucl lh~ou<h v.i!h il I'}lC', bnck here nnd we will then dispose of it Nit MclIale asked at nohotiv'~ request" Dr Varlcv stated lha/he is not sure ~ho brot~ghl il up klr Wcrner explained tJlat the J:ot~l~d;llio~l did g,vc us ,t letter oullint~d tha~ lhought something was necessary lbr Sill~'l5' [~tlI'pOSC5 That tltws m,l chilllgt' lilt was brought lo our 5tJb-commilloe Our NtlJ)-COllllllittek, I1KIdk' [tlc ICCOIIIIllCtl~];llit~ll this Commiltee thai we consider it. if Ihe residents of Pelican ll',lv ~ere in The lasl meeling we had was a Public Hearing and there ~&as no action ~aKcn PELICAN BAY ADVISORY COMMITTEE APRIl. 7, 1999 suggestion is to let our Sub-committee make our recomrnendation lo this Commillec based on tile Public ltearing Mr. Hasson stated that is proper procedure. Mr l larrell explained that this needs to ~n its course and be brouuht hack Sub-committee to the Advisory Committee with some recommendation Mr Werner explained that Mr 14amel sent a letter stating that he wanted withdrawal the request, but he is not the one thai made thc rcctmm~entlalmn 1o lhi5 Committee ()ur Sub-committee made the recommendation to this (.ommittcc Xlr Xlctlale explained that each month there are going to be Ibxxc~ and residents and I am concerned that letting this situation take its' naturifl ctmrsc. ~xill ~ct here in the middle of July when nobody is here Dr Varlev replied that would not happen. Xlrs Mc('arthv stated that as someone who is very opposcd tt, the,,x~dcninu~l, thc berm. I don't beiieve there will ever be a possibility that it can t,c ~dcned 'l'hcx can take it to the Sub-committee. but there are regulatoo' issues lhal stH'l'Otllld this and haxc now been addressed by some people in the community and have been told that ~t, not do this even if we all wanted to do it. I don't think there is a grcal ~isk t~f happening in the summer lassurevoutherewitlbea networkot'pct~plcwho:~ill if there is a problem BIKEI,ANES Dr. Varlev expressed that during the last month he had gotten a letter fi'om the Gallo's and Eggland's asking us to readdress the bike lane issue I promised I xxould bring it up to see what the Committee wanted to doabout it ~Ve considered thc item 3359 PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 .1 6H2 twice and the last time ,,vas not much more than a year ago She makes a i~oint Ih:It there is a safety issue with more and more people on the sidewalks and streets and I promised I would bring it up Mr ltasson stated that he disagrees with her I believe vOtl arc creating a hazard If you t~' to pass a biker on the three4bot [alle. x% ilh ~II1OIIIoF CaF passing 5otn vt~tl do il. You have Io slop lfvou want to destroy the beauty of Pelican Ikt~ Ill,ult,,nd and make it a one car lane, then we can do it I)r Varlev stated the question is, do we xka~lt Io ~econsidc~ t~ ' Mrs XlcCarthv stated that she does not lbel we shot~ld ~ccon~id¢~ ,t. '~xc Member Policy Committee of the Foundation has been told th:ti lhcx ;uc :t,~n~ :o presented with a number of options for the berm issue on IbC q'~ O{' XIilX {)lie Of options is to eliminate all bicycles on the berm. ! sure doll't lhink th~, is thc t~mc ~o think about reopening the issue of the bike path I voled againsl thc bike pillh because oI' size. I think it is dnngerous, but at lhe same lime the I:~tmdat~,,n i5 lhi~Ki~= banning bicycles, thisisnot somethingxvelookal~brcingpu~U~lct~.sc I x~ot~ltl ]~Lc remind the Committee that people x~ ho were at otlr hcarinu slated lhck did n~,l x~ ~tllt lo I',c forced to ride in that lane, because it is Ioo dangerous alld tOO Ilal Mr Werncr stated lhal we should re-discuss it Mr llarrell stated that he Ibcls xvt should look at it a~ain bccat~sc xxo haxc changed the x~av we vote alld xve are IlOI a majority of x~}lo is ;11 this table In thc past were a majority in total whether we x~ere here or not The last time the vote tied 3 3 6O PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 16H2 t Mr. I3~e.;ner moved, seconded b)' Mr. ihtrrell that we re-open the bike lane issue. The motion failed~ on a 7/4 vote with 3,1essrs. Werner, Harrell, Ho. vt and I htsho _ v_otj_n~' to rc-.?en the issue anti all others voting_nt~: CROSS LANES Dr. Varlev explained that on several occasions we have discussed thai whc~ thc roads are restripped, we would put cross lanes in. I think i~ has come up rcpcalcdly and we have kept postponing it. Would it be possible to have the cross lanes stripped going to be a long time before the restripping is going to take place'~ Mr \Vard replied that is Mr. Kant's department that docs that xxolk It' to add cross lanes we have to determine where. Dr. Varley asked that item be placed on the Agenda tbr thc next me,.:ti,m Mr. Werncr stated this issue ,.vas raised at the last mectin~u Thc resident would be a helpful thing and I had asked Mr. Ward it' we could do it our~,clvc,~ Ward's reply ,,','as that we c(~uld AD.IOURN There being no further business, the meeting adjourned at -1 5(~ I' Dr. Alan Varlev. Chairman 3361 Pelican Bay Services Division .0 i6H2"t .-xT. :~x; ? 16H2 I.~ 161-12 m ~ > 16H 2. .! -~37~ 0 i U: 16H2 TO: FROM: DATE: SUBJI'XTT MEMORANI) UM Pelican Bay Advisory Committee James P. Ward April 30. 1999 Administrator's ,X. lanagcmcnt Contract In accordance with the terms of my Consulting Contracl '~,,i~ll Collier ('t)ulitv it automatically renews each year st, bject to authorization of tile specific compcnsati{m amount for tim ensuing year. Due to the ('ountv Commission's vacation schedule this summer I would respcc~full.x request the Pelican Bay Services Division's Advisory Committee consider thc authorization for the compensation amount for Fiscal Year 2000 ~uch that I can be in a position to get this item for Commission consideration before it's summer vacation The proposed compensation amount tbr tile ensuing Fiscal h'car is $48.0(~0 and x,.hich represents a decrease of $5,000 over the current Fiscal Year I would like to take this opportunity to thank tile Advisory Committee t'or working with me over the many years and look forward to vot, r consideration of this contract renewal I have attached to this memorandum a copy of the existing Agreement flit those ncxx members of the board who 'are not familiar with its terms and conditions ..\gain. mx thanks for .,,'our consideration in this matter. ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES MANAGEMENT CONTRACT BETWEEN GARY L. MOYER, P.A. AND COLLIER COUNTY, DATED OCTOBER 6, 1992 6H2 THIS ASSIGNMENT is made this/F,,;~, day of _~,, ~~C-//, 1998, between Gary L. Moyer, P.A., ASSIGNOR and Severn Trent Environmental Services, Inc., ASSIGNEE, RECITALS WHEREAS, ASSIGNOR and Collier County had previously entered into a professional services management contract dated October 6, 1992 (the "Agreement"); and WHEREAS, the ASSIGNOR desires to assign the Agreement to the ASSIGNEE and the ASSIGNEE desires to accept the assignment and assume the responsibilities thcreunder. WITNESSETH: NOW, THEREFORE, in consideration of the sum often dollars and 00/100 ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, the ASSIGNOR hereby assigns and transfers to the ASSIGNEE, and its successors and assigns, all of its right, title and interests in and to the Agreement, and the ASSIGNOR hereby agrees to and does accept the responsibilities of the ASSIGNOR under said Agreement. ASSIGNOR expressly assumes and agrees to and does accept the assignment and in addition, expressly assumes and agrees to keep, perform and fulfill all terms, covenants, conditions and obligations required to be kept under said Agreement by the ASSIGNOR. This Agreement shall be binding on and enure to the parties hereto, and their successors and assigns. This ASSIGNMENT was executed the day and year first written above. WITNESSES: Jamen P. Ward Printed~yped Name ASSIGNOR: GARY L. MOYER, P.A. Print Name and Title Signature Barbara Braentner Pri,~. tc ~d/T/}~ped Name ASSIGNEE: SEVERN TRENT ENVIRONMENTAL SERVICES, INC. Meg Watel Vice President Print Name and Title Robert A. Ostrander Printed/Typed Name Consented to this/~,o~day of ,1998. Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BA~ARA~B. B'E~R?/'~ Chai'~an-~ AGP ~.F3iENT BETWEEN COLLIER COUNTY, FLORIDA AND THE FIRM OF GARY L. MOYER, P.A. FOR MA~TAGEMENT ADVISORY SERVICES THIS AGREEMENT, made and entered into on this ~2~day of subdi¥ision of %he State of Florida, hereinafter referred to as "COUNTY", and the firm of Gary ~.. Meyer, P.A. hereinafter referred to as "MANAGER", w~ose address is 10300 NW 11th Manor, coral Springs, Florida 33071. W I T N ~.S S E T ~X: W1~EREAS, the COUNTY desires to employ the services of the MANAGER for %he purpose of providing management advisory services for the Pelican Bay services Division, as required to mee= %he management needs during the contract per.iod~ and WHEREAS, ~he MANAGER de~ires to a~sist the COUNTY with such matter~. NOW, THEREPORE, in con~ideration of the mu=ual covenants and agreements expressed herein the parties agree aB follows: 1. T~e COUNTY hereby engages the MANAGER for the serwices described in Exhibit incorporated by reference herein. 2. The COUNTY agrees to A, attached hereto and compensate the MANACER in accordance with the fee schedule set forth in Exhibit A. The total and cumulative amount of thi~ contract shall not exceed the amount of fund~ annually budgeted for these services. Reimbursable expenses, incurred during the course of performance of this contract, including, but not limited to, out-of-pocket expense= for ex, tess mail, computerized research, work processing charges, long distance telephone, postage and photocopying are included in the fee ~et forth in ExhiBit A. 3. This Agreement may be terminated by either party upon sixty (60) days written notice prior to the termination date. Upon term[nation by either party, t/~e MANAGER shall transfer all work in progress, completed work, and any and all other matorials related to t_he terminated work to the COUNTY. 4. The MANAGER shall provide periodic status reports, either oral or in writing, as may from time to t~me be requested by COUNTY. 5. To the extent permitted by law, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expensc will be kept confidential by the MANAGER and will not be disclosed to any other party, directly, or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All drawings, maps, and other data developed, or purchased ~nder this sketches, Agreement COUNTY'S or at the COUNTY'S property and may be discretion of the COUNTY. expense shall be and remain reproduced and re-used at t_he The COUNTY and I~M'IAGER shall comply with tAae provisions of Chapter 119, Florida Statutes (Public Records Law). 6. The MANAGER shall devote such time as is necessary to - 2 - complete the duties and responsibilities assigned to the MANAGER under this Agreement. The MANAGER shall be onsite at the offices of the Pelican Bay Services District, a ~/nimum of 416 hours each year. 7. The MANAGER warrants that all servi:e~ shall be Derformed by skilled and competent personnel to the highest professional standards. 8. The signature on this Agreement by the MANAGER shall act as the execution of a truth-in-negotiation certificate cer~ifying that the wage rates and costs used to determine the compensation provided for in the Agreement are accurate, complete and current as of the date of this Agremment. 9. The MANAGER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in the ~tandard set forth in Section 112.311, Florida Statutes. The MANAGER ~urther represents that no person having any interest shall be employed for said performance. The MANAGER shall Promptly notify t~u COUNTY in writing by certified mail of.all potential conflicts of interest for any prospective business circumstance which may MANAGER'S judgment or association, interest or other influence or appear to influence the quality of services being . provided hereunder. Such written notification shall identify the prospective business a~sociation, interest or circttmstance, the nature of work that the MANAGER may undertake and request an - 3 - opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MANAGER. Thc COUNTY agrees to notify the MANAGER of its opinion by certified mail within thirty (30) days of receipt of notification by the MANAGER. If, in the opinion of the COUNTY, the prospective business as~ociation, interest or circ,,~tance would not constitute a conflict of interest by the MANAGER, the COUNTY uhall so orate in its opinion and the association, interest, or circumstance shall not be deemed in conflict of interest with respect to services provided to the COUNTY by th= MANAGER under ~h~ tel-mo of this Contract. the MANAGF-R of performing purpose taxing district, This Agreement does not prohibit services for any other special and such assignment shall not con~titute a conflict of interest under this Agreement. 10. The MANAGER is, and shall be, in ths performance of all work services and activities under this contract, an Independent Contractor, and not an employee, agcnt, or servant of the COUNTY. 11. Federal income taxes will not bu withheld by COUNTY on b~half of MANAGER nor shall COUNTY pay any payroll tax of any kind on behalf of MANAGER. MANAGER shall not be ~reated as an employee with reopect to the services performed hereunder for federal or ~tate tax purposes. 12. MANAGER understand~ that MANAGER is rcsponsible to pay, according to law MANAGER'S income tax. 13. Because MANAGER is an independent contractor, MANAGER - 4 - 16H2 is not eligible, and shall not participate in, an employee pension, health, or other fringe benefit plan of COUNTY. 14. No worker's compensation insurance shall be obtained by COUNTY concerning MANAGER or the employees of the MANAGER. MANAGER she 11 comply with the worker' s compensation law concerning MANAGER and the employees of MANAGER. 15. The MANAGER doe~ no~ have the power or au~hori:y to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this Agreement. 16. The MANAGER warran~ that it has not e~ployed or retained any company or person, other than a bona fide employee working solely for the MANAGER to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the MANAGER any fee, percentage, gift or any other consideration upon or r'e~ulting from the award or making of this commission, contingent Agreement. 17. employees to race, The MANAGER warrants a/~d repre~en=~ that all of its are treated equally during employment without regard color, physical handicap, religion, sex, age or national origin. 18. The MANAGER hereby represents and warrants that it has and will continue to conduct its business activities in a professional manner and that all services shall be performed by skilled and competent personnel to the highest professional standards. - 5 - attorney and may not render legal advise or opinions. Although the MANAGER may paz~cicipats in the accumulat£on of information necessary for use in documents required by t~e COUNTY in order to finalize any particular matters, such information shall be verified by the COUNTY as to its correctness; provided, however, that the COUNTY ~hall not be required to verify the correctness of any l~formation originated by the MANAGER or the correctnezs of any information originated by the MANAGER which the MANAGER has used to formulate its opinions and advice given to the COUNTY. 20. MANAGER, in consideration of $10.00, the sufficiency and receipt of which is acknowledged through thc ~ig]ltng of this Agreement shall protect, defend, indemnify and hold COUNTY and its officer=, employees, and agents harmless from and against any and all losoes, penalties, damages, professional fees, including attorney Judgments arising out of act, error or subcontractors, incidental performed provision omission agents the to t_hereu~der. The consideration exchanged of ~his paragraph shall also pertain to any fees and costs of litigation and any willful misconduct or negligent of the MANAGER, itu consultants, or employees, arising out of or performance of this Agreement or work and the claims brought against t/%e COUNTY, its officers, employees, or agents by any employee of the MANAGER, or any consultant or subcontractor, or anyone directly or indirectly employed by any of them. The MANAGER'S obligation under this paragraph shall - 6 - not be limited in any way by the a~reed upon contra~c price as shown in this Agreement or the MANAGER'S llmit of, or lack of, sufficient insurance protection. 21. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action nece-~sary to enforce the Agreement will be held in Collier County and the Agreement will bu interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every GUCh remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statuto or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other par~y, the prevailing party shall be entitled to recover reasonable attorney's fees. 22. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: BOARD OF COUNTY COM~ISSIONERS COLLIER C0UNTYGOVERNMENT CENTER 3301 KA~T TAHIAMI TRAIL NAPLES, FLORIDA 33962 ATTENTION: MICPAELJ. VOLPE - ? - with copy to: COLLIER COUNTY GOVERNMENT CENTER 3301 EAST TAHIAMI TRAIL NAPLES, FLORIDA 33962 ATTENTION: MR. NEIL DORRILL COUNTY MANAGER If sent to the MANAGER shall be mailed to: GARY L. HOYER, P.A. 10300 N14 11thMANOR CORAL SPRINGS, FLORIDA 33071 23. The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and no force and effect. Further this Aqreement may be amended only in writing upon mutual consent of the parties hereto. 24. No amendments and/or modifications of this Agree_men: shall be valid unless in writing and signed by each of the parties. This Agreement gall be renewable each Fiscal Year of the COUNTY, unless otherwise terminated by either par~y. Negotiations shall be h=ld prior to the COUNTY'S Fiscal Year end. The COUNTY and MANAGER will consider price adjustments each twelve (12) month period to compensate for market conditions and the anticipated type and amount of work to be performed during the next twelve (12) month period. - 8 - 16H2 IN WITNESS WHEREOF, the COUNTY a~d M~-UAGER have each, r~pectively, by an author£zed per, on or agent, heraunde= set ~heir hand~ and seals on ~he datl a~d year first above written. Clerk (~'.. "' ' , Approved ... ~~d D. Yo~ovi~ ~si~t~t Co~ty Atto~ey BOARD OF COUNTY COMMIS$IO~ COLLIER ~__.i FLORIDA NXCHAEL J.~LPE, Witness . · Witness GARY L. MOYER, P.A. EXHIBIT "A" 1. General Consultation, Meetings and Division Representation. Consult with the County Manager and when necessary, participate in =uch meetings, discussions, project site visits, workshops and hearings as may pertain to the administration, accomplishment and fulfillment of the professional services set forth herein with regards to the projects and general interest of the Division. Meet with pertinent public agencies and private individuals in connection with the interest of ~he Division. Report to County the results of these meetings and provide advice where necessary to County to assist County in reaching decisions regarding Division matters. The service to be provided ~hall also include, but not be limited to planning, scheduling, production and quality control; coordination and administration of various professional service elements within the Division· 2. Meetings of the Board of County Commissioners. The Manager shall attend regular and special meetings of the Board of County Commissioners when issues arise regarding Division Activities. Manager shall prepare and administer the Division's Annual Budget(s) in accordance with all Federal, State and County laws, r~les and regulations where applicable. The Manager shall consult with and advise the County on matters related to the operation and maintenance of the Division's works. The Manager shall attend meetings and advise the advisory boards of the Division. The Manager ~hall prepare the necessary organizational structure and oversee the hiring and supervision of the personnel employed by the Division in accordance with all Federal, State and County laws, rules an regulations where applicable. The Manager ~hall implement the policies established by the County in connection with the operation of the Division. The Manager shall provide all other services necessary to effectively manage the operation of thc Division. - 10 - Executed contrac~ date through September 30, 1993 October 1, 1993 through Septe~er 30, 1994 $4,417.00-Per month at the beginning of each month for the prior months service. $4,417.00-Per month at the beginning of each mon=h for the prior months service. - 11 - Naples, Florida April 7, 1999 LET IT BE KNO~VN, that tile Clam Bay' Sub-committee of the Pelican Bay MSTBU Advisory Committee met on this date at 2:00 P.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples with the following members present~ M. David Roellig, Chairman Mr. Edward Griffith (Absent) Mr. James Carroll Dr. Alan Varley Mr. Mac Hatcher Mr, Leslie Broxvn ALSO PRESENT: One (1) Pelican Bay resident; Mr. Todd Tun'ell and Ms. Cloe Essex, Turrell & Associates; Mr. Ken Humiston, Humiston and Moore; Mr. James P Ward. Pelican Bay Services Department Director; Mr. Kyle Lukasz, Pelican Bay Field Manager and Mrs. Barbara Smith, Recording Secreta~' AG EN DA: I 4 Roll Call Permit Status Construction Status Energy Resource Contract Ludlum Construction Contract Project Design Status Seagate Culverts Interior Tidal Creeks Stormwater/Freshwater Management Program Committee Requests Adjourn ROI,I~ CAI,l, Mr. Roellig called tile meeting to order and asked that ~hc Record shoxx Nit Edward Griffith absent. PERMIT STATIrS Mr. Turrcll reporled that tile work is approximately 75°b complete :is of tod;iv Cut #1 at tile north end is complete, Cut #2 ,,vas completed as of vcsterctax' and they arc into Cut #3, which should be complete within the next week. Cut #4 is approximately 75% complete and they are proceeding south into the channel and xvithin one week th'at should be complete Tile last tiling they do is dredge their way out of the pass The only 30 1AH2 't CLAM BAY SUB-COMMITTEE/PELICAN BAY AI)\'ISOII. Y ('()MMITTFJ~ APRIL 7. 1999 thing that might push up to the Slay I deadline is tile Iinal hauling of tile mt,ckv stul't' from the spoil area just south of the pass lbr Cut a4. but it looks as it' tl~ex' will he done with that as well NIr Turrell s~ated lhat since turbidity has been a bit or'an issue we I~ough~ a cop?, ol'the Ik, rm that we have been submitting 1o the State oFFIorida m~ a weekly I~a~ on thc turbidity The Permit requires that lurbidily measurements arc taken lwice a davand cannol exceed a certain amount of turbidity over the background Wc have exceeded that turbidity on a couple of occasions and those are noted ;~ith as;cnsks, such as 4 ¢~t~ I~ NI on Wednesday. March 24. 1099 x~e had a background rcadinu ,~I' 2X and a reading of 73 l'hat pushed us oxer lhc 29 allowable so at that pt,~nl x~c shul tloxkll reorganization and an hour later they sta~ed tromping again Wc have m)t c'duscd significant delays with thc turbidity There was also a viohtlitm on March 2' at 4 PM. and that is the one lt~at generated a lot ot'calls Once again we shut them ttt~x~n, got reorganized and they shul down tBr Ihe weekend al lhat point amt did nol x~,,~k weekend because of lhe COllCCl'llS thai were being raised XVt are on schcdttlc and hopefidly a week from now we will all be smiling because it will be a done dcat l)r Varlcv asked il'there have been any smell pr(>blems and any COlllplaillls* Nlr Tu~rcll staled there has been a litlle snmll, but I }lilXt. heard tmlx one me~tion it It was not overwhelming and ccrtainlx not thc &},m~sdax ,ccm,~,~ lh,~l everyone had i~aretl In thc newspaper, a lady fi'om Nc'.~ York mCmlOnCd Considering lhe scope oF lbo project and during the peak oF thc scasom it has gone well. as thr as not getting IOO manv people bent out OF shape Mr Carroll asked il'the extremely dry weather has had anx adverse al't'ccl on CLAM BAY SUB-COMMITTEE/PEI. iCAN BAY ADVISORY COM MITTF. I'~ APRIL 7, 1999 Mr. Turrell stated that he does not think it has been a factor and actually has been beneficial, tlad it been raining a lot, it would have filled tq'~ our containment areas quicker and washed the sides out of our spoil berms. It is probably ?od that it has dry. It has been nice and breez,, and that has been good and the waves distmrse the turbidity along the beach quicker \\'e have been pretty luck!, ~ith the xveathcr ..\n added benefit is that in this last week when they are getting into some O|'lhc nastier we have had an incoming and high tide during the times when people are on the beach That is good because a lot of thc turbidity, at least around tile chcdgc, is ,'urther up into the ba)' Tim tides have been to our benefit also Dr Varlev asked it' it were possible to see an,,' improvement in the tidal Mr Turrcll replied that he seems to have noticed a si~nilic:mt increase I ha~c waded across that area a lot ol'timcs in the last ten years and it appears that thc~c ~, a lot more water running out of there now in force and volume We haxc title g'agcs 5ct up ,tt the crossovers, sowcwill soon know the exact quantity Asa casualobscrxation. I th~nk there is a lot more watcr coming in and out ofthcre Anothcrobscrxationthat I haxc had isthat Ithink thc mangrovegrox~lh itself was doing a lot of thc clogging A lot oF,oot, have been ground up that were obstructing flow as well and I think that remoxal has bccn a great benefit I think the new channels running up there are goi~lg to Illakc x~ondcrR~l canoe trails also Now you can get right through Mr Roellig asked iFthere was any change in the tide range at the tlot~l~ end" Mr. l'urrell replied that he has not looked at it that closely, but the tide gage xxill tell us what the deal is there That is going to be the real measurement That xxill bc thc 32 16H2 CLAM BAY SUB-COMNIITTEE/F'ELICAN BAY ADVISORY CONIMITT[:.i-; APRIL 7. 1999 direct correlation of how much more water is going in and trot of there than there was before. It will take a little while to reduce that data and should be availah]c in about thi~y days My gut t~eling is that it is working. Mr. Turrell reposed that there were some minor extras tYr ~onoise t'cncinu 'and turbidity screening which amounted to about $2.000. but I sec m, other cxtra~ comin~ down the linc ~Vc arc hopin~ that thc spoil areas will also bc ICst~qcd bY Nlax 1 as ~C although that Call ~t) Oll al~er Nlav I Up until May I they can clrixc into lhal area. which is a lot easier F~om the State and Federal Government's pctsp.:ctixe, if thc drcd~ine ~ocs without a hitch like it is. I think that will b~ctc xvcll tk~t thc rest of ~h~. Niavbe thcv won'l lean quite so hard on details of studies and Ihin~, like Ih;n x~hcn thc', see that we arc doing our job and thc project is pcrtbrming as intended Dr. Varlcy asked iFMr. Turrell had talked to Xlr Bittncr at The ('[ub x~ilhrc_,l~,-.-' to the studies'7 Mr. Turrcll replied that he has not because ofbcing so busx x~ith the ch'edging, but should within thc next couple of weeks We do haxc a copy of~hc applic:nion Ik~r thc groundxvatcr withdraxva] that inxt~lvcs thc g(flf course 'l'hclc ~s ,,,mclhin~ cl~c th;~l have been working on and have been getting some corrcspondin~ data that ?"_, ~ back the original Pelican Bay EIS (Environmental Impact Statement) This could bc part of the issue about all of this lYeshwater that ~ms out into Clam Pass that FDI~P has been so concerned about There appears to be an up x~cllin~ t}om an undcr~round aquil'c~ that occurs within Pelican Bay There could be a geological lYattn'e that has nothing IO do with the development where there is an up x~'elling of l}esh xvatcr surcharging groundwater here. I have done a lot of diving in the Gull' and haxc been in some of thc 33 CLAM BAY SUB-COMMITTEE/PELICAN BAY ADVISORY COMMI'FI'EE APRIL 7, 1999 blue areas where there is freshwater If that is true here that would elevate the pressure on 5'our groundwater and you would end up with a lot more fresh water llov. ing t:ut here. That observation goes back thirty (30) >'ears. Now lhat thc hydrologists have quantified that again, we are going to take a close look at that as pall of our study It is an area out towards US 41. across from Agnoli. Barber & Brundage's ell'ice and appears thal they are in lt~e circle of where Ihat is located A lot el'that Call be Sl~eculatixe because you cannot see what is going on down there, but there is scicntillc evidence that points to that Mr. Carroll asked if you tap that area'~ Mr. Turrell replied that just surcharges >'our groundwater, but tile grill' course an application lbr underwater wells If this is surcharging tile ?'oul~d V, alcl' then vms could be in a position to pull a lot more out of the ground than xou could in t,thcr' paFis tile County and never deplete >'our ground water Thev are applying for l'oFtv Foot deep lateral wells under the golf course and is currently under reviex,, tlr tile Di.,,ttict and xxill take on a life of its' own We ,.,,'ill monitor that and use that information as ill~})lOJ'HialC II1 ()ur stud,,' Dr. Varlev stated that with tile redoing ofthe golf course thcx :ire going to put in state of the art sprinkler svstern. I would hope with all that ',~,.e are tFying to do in lhi~ community with regard to water const,mption, lhal we cot,kt take riollle cFedit for sa. hal they are doing Mr Turrell slated that he will meet with Mr Bittner in thc next ct;tittle of x~.ccks and we need to take credit tbr everything that xve call Mr Roellig asked about tl~e Seagate culverts 34 CLAM BAY SUB-COMMITTEE/PELICAN BAY ADVISORY COMMIT'FEE APRIL 7, 1999 Mr. l_.ukasz replied that the core borings have been taken and Wilson. Xliller is putting that information togeti~er. Tt~e specifications should be put ~ogether by the week in May and should be ready by the beginning of July The su~ey work ti~r Robin Lexvis cuts has been done in the field and it is being ploued onto thc ch'axvings Those will the be merged witt~ Ibc specifications and we shoulct have that by next week and ready Io go lo purchasing and should be ready is six to eighl Dr Varlcv asked ii'we arc pressing Ibc ~ime tt~r lhe Sca~atc Mr Lukasz replied that we will have three months tt~r the work and M~ould bc fine. Nlr. Roellig asked Nlr kukasz For a sheet showir~g thc timinu on thc studies Dr Varlcv asked boy..' mucl'~ sand x,~as placed on thc t',,.,ach in front Rcgistrs.''~ Nlr. Hurniston replied about 22,000 yards so Iht. but ~l~c total is appro×imatcl.x 30,000 yards. Dr. Varley asked ifil has widened their beach any'~ Mr. l lumiston replied lhat it has a little Mr. Turrell replied that thc last procedure where thcx dlcct~c their wax out Ibc cut is the best sand and goes just south of the boardwalk where thc I{cgistry Dcoplc X~illllCd more sand. Dr. Marley asked ifanv of the sand was going north'~ Mr. Turrellrcplied no The sand that is there will bc rcgradcd and (~llcd and xxill be noticeably wider 35 CLAM BAY SUB-COMMITTEE/PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 Mrs. Kay Potter stated that there are a lot of roots at the pass right now and people seem to ti'fink that it is even narrower than before. What can I reply to those that arc asking the question about this area? Mr. Turrell replied that the last thing that they are going to do it is cul their way out of the pass. which will open up the pass. The stumps are on the north side or'thc pass and that is not in the dredge area Those slumps have been expuscd tbr yc',u's nc~x~ [lilt] will still be there A week from now they will be cutting the,' xvav out of the txl~5 Another issue is that the currents are significantly stronger and may bca situation xvherc you would w'ant to put "swimming caution" signs out. Mr Hatcher stated that the Count)' has made no commitments at this point and has been mentioned m thc Nlanagement Plan by Mr. Brox~n I'll bring that ~ssuc up again It is done in other areas around Wiggins Pass and Tiger Tail 13c'ach and uniZ)nunately thc signs are not heeded, which is a problem xvt have Il is bad K>rm not tu have a sign iftt~e conditions are there. Dr. Varlev stated il would be worse when we staa trapping water fi'om Vcncti'an Bay. Mr. [-latcl~er replied that would not increase the volume of water cxn~n~ ~hc pass. unless the pass gets restricted or oilier restrictions come into play 'l'l~al will just ahcr ~h¢ fluctuation of water back and forth between Venetian Bay and Clam Bay The reason that you had askewed tidal range in outer Clam Bay was because lhe lloxv xxas restricted to the Gulf We arc largely removing that restriclion, so most of'Ibc water is now going to be flowing back and forth between the Gulf whereas bet~rc, thc llap valx cs accounted for a quarter of the volume. With this pass change the tlap valve contribution should bc 36 CLAM BAY SUB-COMMITTEE/PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 severely limited. As long as the pass is open and in good condititm, most of the water should come and go through the pass that is less restricted lha~, the Culkrcl'IS under Seagate. If the pass begins to get restricted, then you have the capability of accepting water through the flap valves from Venetian Bay and that water will have to exit Clam Pass. Only under those conditions will the flap valves contribute any significant amount of water Dr Varlev stated that he heard %Ir. Brown say that in ~hc present stale it is an even exchange tits idea was that file water thai came i, tm a high tide wot:Id trapped and forced out through Clam Pass Mr. Iiatcher replied that is tree as long as the pass is like it used to be When change the pass to let the tlow in the pass, then the flow tYom thc culverts becomes less oran issue and will not be so significant Mr Turrell agreed The bulk is just going to be thc m~mal ticlal pri~m It is of the permit and if anything went wrong and we didn't do that. that would be the rcascm it went wrong whether it was or not It is a good idea to do thc culverts even though they may be I% of the water or less Mr Carroll asked if there was anything planned in thc x~av ,~t'publicity aflc~ thi~ is complete on May 1" I{ow do xtc tell the people in Pclicat~ liar that th~s xto~k finished and everything is good? Mr. Roellig stated we could have a ribbon cutting ceremony to accepl the projccl I)r Varlev slated lhat we should get SOme kind oI'a rcpol~ otll ollcc Ntt NI1ONN working 37 CLAM BAY SUB-COMMITTEE/PELICAN BAY ADVISORY COMMITTEE APRIL 7, 1999 Mr. Turrell stated that once the work is done he ,,viii provide a technical and you can pick whatever it is you want for a press release. Ward stated that would be done. Dr. Varlev asked ,,,,,hat was being done about the removal of the dead ,~ed from the starter islands? Mr. Turrell replied that is part of Mr. Lewis' work and will go to contract soon Dr. Varlev asked if Mr. Lewis was working for Mr. Turrell'~ Mr. Turrell replied that Mr. Lewis has a separate Purchase ()rder with the but when he comes down we meet and go into the field with him so that we know x~ha~ is going on as it relates to the project. Dr. Varley asked i£we should have Mr. Lewis come here ,ml explain lo t,s what he is going to do" Mr. Ward replied'that he does not come down vet',, ol'tcn and hc is xcI', expensive. Ir'he comes down and we can coordinate it with zi dax ~c are hax iss,_, a Meeting it might be an appropriate thing to do. 'lie does not normally come doxx n t'o~ thi~, type of thing. Dr Varley stated that a long time ago I thought I knew x~,h~l lie wa.s play,ming doing, but so much water has gone under the bridge by now ~hat I am not stsre what he ss going to do. Mr. Turrell replied that il'you cannot coordinate Mr. Lexvis lo come ctt~xxn x~c will have him prepare a presentation with a map and pictures which x~e can prcscm Io Dr. Varley stated that Mr. l.ewis was going to do three phases, is that still plan'?. 38 CLAM BAY SUB-COMMITTEE/PELICAN BAY ADVISORY COMMI'I"FEL'" APRIL 7, 1999 6H2 'j Mr. Lukasz replied yes Phase One is scaled down and until he finishes Phase One to see how that works ,.ye do not know if he will even get into Phase Txxo or Phase Three. Dr. Varley stated that when you sa.,,' to see if it works, does that mean ',~e have to wait a while until the next rainstorm" Mr. Lukasz replied that the monitoring is going on which will tell it' thc~¢ is ponding in an)' o£the other areas. Dr. Varlev stated that if Mr Lewis were coming dov, n. I think it have him at one of our meetings Mr. Roellig replied that we can call a special meeting if need be ADJOURN There being no further business, the meeting adjourned at 2:45 P.NI Mr. David Roellig. Chairman 39 Naples, Florida April 2 I, 1999 LET IT BE KNOXVN, that the Long Range Planning Sub-committee of the Pelican Bay MSTBU Advisory Committee met on this date at 3:00 P.M at the Foundation Center. 8962 Hammock Oak Drive, Naples with the following members present: Mr. George Werner Nlr. Glen ttarrell Mr. Tom Brown Mr. William Monagt~an Comnlissioner James Car~er Mr. Henry Itamel Mr. Lou Vlasho ALSO PRESENT: Three (3) Pelican Bay residents and Mrs. Barbara Smilh. Recording Secretar'v. A G EN i)A' I. Roll Call 2 Discussion oFl't,blic Input on Berm Widening Review of Exotic Rernoval Recommendation 4. Other Public Discussion Adjourn RO !.1, CA i,!,: Nlr Werner called the meeting to order and asked thal tile Record shox~. 'all members present DISCUSSION OF PIIBIAC INPUT ON BERM WIDENING Mr. Werner reported on the Public Hearing that ,,vas held on March 17, I OO9 Mr. tlamel explained that he reported to the Foundation and that he had withdrawn his support lo tile berm widening effort and had also sent a letter to the Pclic',~, Bay MSI'BU with the same message Something has to be done, so all of thc suggestions that came up at the Public ttearing have been passed on to Mr Estes and then passed on to tile Nlembcrship Committee. 84 PELICAN BAY MSTBU/LONG R,.\NGE SUB-COXIMITTI~t'; APRIL 22. 1999 Mr \Vcrner stated that he has written a letter to Mr, Estes explaining that during the Public Hearing certain suggestions were made. that liar salary reasons, may me, it fumher consideration From the Foundation. Commissioner Caner stated the letter is a good idea. but we then have to re[~o~l back to the MS'FIttj as to not only Ave or Naw. and I thitak it is a Nay [rOlll cxcrythin~ 1 heard, but whv We need to provide thc. m the rcconlnlct~diHicms that came otit of t[li> that came t~om thc process Mr. C)trter movetL xe~'otltled l~l' Mr. l'ltt.~lttt ttml ttlxi~roved tttuttfimottsly to recommet~d t~ot witlt'tdtt&, the berm tr~ the A d,'isorl' C~m~mittee. REVIE~¥ OF EXOTIC RE~IOVAi, RECO,~i*IENI)ATi()N Mr \Verncr explained that tx,.o meetings ago, based on inl~rmation received, that thc ownership of thc area behind ('toxin ('ohmv was determined, and we thought it xvould be in the best interest of thc community of the exotics We recommended lo the Actvisorv Commiltcc lhat the rctnox'al exotics be budgeted any wav Since then someonel]lctlacomDlaim withCollicr and Collier Cotmtv was able to tlnd ot~t the oxvners of this properly, which the oxvners oF the condos in that area and the developer cited and I have been fold they have to remove ~l~e exotics we ought to rethink our recommendation. happens Thal organization has been ..\s a result of that I bcliexc \\"e ought It,) wait and tread water to sec x,,hat 85 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22, 1999 Mr ttamcl asked if it turns out to be tile developer or owner that is responsible for tile removal, would you be the implementation of this anyway or would they bring in private landscapers° Mr Werner replied that since it is a water managemcnl area we would have some rights to it and probably Pelican Bay Semites would be involved Nlr [lamel asked if the owner would pay any costs incurred, but l'elican 13av fief'ices would do thc work~ Nit Wcrner replied that he felt the MSTBU would be involved in some xx'~v ~t least in an oversight capacity We would probably hire and subcontract tt~r somebody do thc work Nit ttarrell slated that he thought Mr. Ward answered lhat last meeting long they arc licensed to do it, we would hire a contracto~ just like a private person would Nlr Werner stated that there has lo be some Pelican Bay oversight out there Mr Vlasho indicated that Nlr Ward had provided a list oFexpenses next year's budget and nw suggestion is that we deter our input to Ibc budgc~ process and let it roll out there. N'lr. Werncr stated that there was a minor number to deal with exotics, bul that was for on-going maintenance, which we had suggested as pan of fl~e exotic Mr. Hamel asked if the exotic removal was all into the condo area? Mr. Werner replied there were some exotics in the Clam Bay area. but I hclieve we looked at the County as being responsible. 8O F'ELICAN BAh' N1STI~,U/I_ONG RANGE SUB-CONIMITTI':.F. APRIL '"2. 1999 Commissioner Caner explained that the County has budgeted for that and is supposed to be in tile process as pan of the Clam Bav Restoration process Anything outside of that is private ownership and that is why that got expedited. I.just expedited the process NIr Wcrncr explained that Dr Varley rcqucsled thai this Stfl~-commiltcc look at thc exotics overall and ctcvclop some kind of policy I chm't think it is aplwopriatc come up with a policy right now. which may be conlrmx' m thc ramiticalions of this citation I think we want to discuss whether the %ISI'BI: sht,uld be responsible removing exotics in the l~ture? Should xve be responsible Ibr maintenance to ~nakc they slav removed'~ Should we be involved in the US 41 berm x~hcrc lhe~c xxc~c exotics and Iht Foundation was cited tk~r that and then t.mmiccd'~ I)r Varlcv xxould like to get a sense as to what the MSTBU should be responsible lbr a~ R.' as exotics assume he is talking thc East Sidcot'thc('lam Bay berm ~tm~c;.casa~e~,xNncd i,N Fou~daliOll alld others are privately oxNned, over xxhich ,,c m,,,v have so,nc IllallagClllClll caSClllClllS ('OlllllliSSiOllCr Carter explained that ~vJloe~cr OWilS thc propm~y is lCSpOIlSlblC I~' ~elridoffi~cexotics Thatislhc?al~heCoumvisx~orkin~mpm moremoncvimo next years budget Io conlintie IO reillovc lJlolll olt'otlr O~tll [)l'o[lel'lV NN'c are really i;/Jkillc Brazilian Popper plants There are ail kindsol'cxotics II'~Nc I~aNc a proac~iNc program in Pelican P, av that addresses lhal..great Mr. tiarrell stated that he is conthsed have to remove tile exotics before you can build. you ,lot required to remove tile exotics'" If you develop a piece of properly you If vou ov, n it and don'l develop it. are 87 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22. 1999 !6H2 Commissioner Carter replied that is tile sticky point Prior to development really don't have to remove them Mr t larrell asked if the MSTBU goes onto private property and remove those exotics at taxpayers cost because there is no ordinance, that says lhey have to them being clear of exotics or rcgrox~lh" Mr Monaghan explained that a lot depends upon when lhcv were dcxelopcd Thc exemption x~'as based on the t}qct that it was prior to 1989 Anvlhin~ dcxclopcd those statutes were in place, you are responsible for the regrox~d~ and you can I~c cited Mr Werner stated that one of the problems is that we have already lakcn it ourselves to clean out behind thc litton Thc olher problem is that it' you do not get of them they will re-invade thc properties thai have already been cleared We have to bc concerned with maimaining the property after it has been cleared That was pzut oF our recommendation front two'mcctings ago We recommended that lhcv buctgct 1o the exotics behind Crown Colony with the understanding that lhcv would cominuc budget to maintain thc area tYee c)fexotics Commissioner Carler stated Ibc other alternative is to have ('ode 15Hbrccmcm c~tc the private property owner Mr. Harrell stated that is what he would like to see happen That should be Iht policy and we should have a "Pepper Patrol" Commissioner Caaer explained a lot off it is education It' we continually remind the property owners, whether il be through the Communique or tiffs organization that they are indeed responsible to remove exotics from their property and could be cited iF they do not. it would behoove them to budget in their appropriate organization to keep them out 88 PELICAN BAY MSTBU/LONG RANGE SUB-¢ONI.NIITTI~F. APRIL 22, 1999 %Ir Werner asked the time flame for removal is someone is oiled') Commissioner Caner replied that it is a thirty-day appeal period and ~hev would probably get sixty days. Nobody is going to break their back %Ir Vlasho stated that based on everything he has heard removal is i~ot an issue at this time Xlaintenance and such is being included in our budget discussion and I lhink we should xvithdraxv our recommendation in Ibc budget Ib~ thc removal of thc cxolic~ pendinu lhe excntualitv of all oF these citations and sec ~xhaI happens and let maintenance issue go As I recall the maintenance issue was not l[lal many dollars XIr Brox~n imlicated he would endorse the same proposal Mr I larrell staled thal he thotlghl tho program was to ,cmoxe some Of thc' and to son O1' put a program togelhcr Yot~ are nol suggesting x~c lake tllal mimer out' Nlr Vlnsho replied no I am suggesting we look al thai ;Is a second piece Thc first piece we get out offbecause it is not an issue today Nlr l tarrcll indicated he would not want to take taxpa}, er mtmey and spend private propc~y to remove their exotics I am also ctmthscd 10 whether the private property person has thc obligaliol~ to continually l'ClllOxc lilt' cxt~llCs ~'k' itlsl mck'd keep Code Entbrcement inli>rmed as to what is going on and make sure ~hcv a~e doing lheir job Xlr. Werner staled thai the on-going mainlenance is no~ a large ilem They ius~ stick lheir head in their qua~erly and pull out lhe exotics Nit. Nlonaghan slated thal the Ordinance thai applies is daled ..M~gusl 7. 19S, h seems very clear that it is not our problem and it is a developer problem ami lherelbre I PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22, 1999 AH2 think *lt. Vlasho's observation is correct. \Ve should step back and let the County have its wav. Commissioner Carter stated that we should let this mn its course. Mr. Vhtsho moved, seconded by Mr. Brown and approved unttnimou.~'ly to report to the ,,Idvisory C'ommittee is that we would like to withdraw our r¢commendtttion for e~votic retnoval for the time being to .vee what hapl~ens with the citation issue. Mr Wcrner stated that the second part ofthe item is what do we want I. do in thc future"' Do we want to get involved in the maintenance once the exotics have been removed and not necessarily rely on Code Enforcement to demand exotic t?ce maintenance of these areas? Mr Monaghan stated no If tile MSTBU is going to be involved at all, there ought to be a Committee and I strongly suspect that we could lind volunteers, to be the exotic police. 'File statutes are very clear that at least on everything north of Gull' Park Drive was developed since 1989. They have to have a plan tbr removing them, therefore they have to remove them. Why should the MSTBU pay for something is that individual pr,pony owner's reslmnsii)ility? The committee should find the violativns and lJ'lcY~ notify tile Count',' Mr Hamel stated that he feh we should get out of this entirely, Mr, }larrell stated that this is clearly a great thing Let's just go onto somethin~ else. We just need to get them off'of,ur property. Mr. Werner stated that what he feels being said is that according to tile Ordinance anything developed after 1989 is responsible for removing and maintaining the site t'rcc 90 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22. 1099 ofexotics What do you want to recommend that we do with tlle stuffon the south side of the berm that was built before the Ordinance took place'? They have or may have had exotics removed Should we be involved in the maintenance of that'~ Commissioner Ca~er asked who maintains that property today'~ Xlr. Werner replied that the N1STBU has traditionally done iht maintenance of thc East Side and lhe County has done lhe West Side At leilSl pad lbr il ('ommissioner Carter asked how Illallv illx'asit)~ls there are in lh;ll location' Mr. Werner replied there is a lot of vines. This is where thc I leron is located 'and we may have set a precedent by going in removing the exolics there Then the complained a lot and we ended up going back in and replautiuu Commissioner Carter slated we are nol selling a preccdcnl If you ;ire the prope~y I can argue the case Mr Itamel stated that a precedenl takes more than one time. If xto make a mistake do we have Io repent il° Mr. Brown slated that Mr ttamet has n good point Il'the law says you haxo keep exotics out. then I clon't lhink the homeox~ner oxet' hc~c ~hottld pay Ibr alollg Ibc berm that is oxvncd pri~alely Il' thc lief'on tnxn5 thc la,id. Ihcn thc Ilut'o~ should keep thc exotics off i somebody screx~ed up and removed exotics someone's yard, then they got lucky that they ~ot that work done Mr. llarrcll s~atcd that we arc all saying thc same thin~ Mr Wcrner asked iF the Ordinance reads that if you ~vcre built bctbrc 19S9 lire not required to maintnin or remove the exotics, hou could you go in and cite thc people to have them removed° Ol PEI,ICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22. 1999 Mr. Harrell asked if we are assuming that exotics are exempt by grandfilthering'~ If that is the case we need to write a letter to the County requesting that tile Ordinance bt.' changed. Mr Monaghan explained that he does thin you ]lave a lot et'citations to deal with before 1989 with the exception of the citation that tile Foundation got. Perhaps that area along thc trail is tile area this organization should be concerned with Mr Vlasho slated that he lives itl tile (}rosx'cnor' llmt is pre 1980 ired thc~c is water management area that there is an easement on and the perceplior~ is t}m! is care of bv the MSTBU A year ag{) tile MSTBU came itl and cleaned ecl thc i lox,,, can you go back and say you now have lo take care of it'~ Mr i. larrell stilted that if it is a water management area then we sh(mld tl~ it It' is private property and not pan of the water management area, then we should not Mr Worrier stated that he feels most ol'll~e property is water management ill-CJi Mr. tlamel stated he agreed, lfwe have water rights then we do it~ If it is ten IL'ct away fron~ our water rights, then we let tile County decide who should do it In no case should it be tile MSTIIU Mr. Werner stated that he feels that is where Crov. n Cohmv Ills. I believe that is a water management area Commissioner Caner reported that he just spoke with Mr. Lorenz Tile Ordinance for Melaleuca and Brazilian Pepper goes back to 1978/1979 and I don't think there was much built prior to that. Tile list was expanded in 1989 'File trees ~x'e wcrc talking about, we don't care when you built your place, and as fi~r as Pelican Bay is concerned you are responsible fi~r taking out tile exotics. 92 PELICAN BAY MSTBU/LONG RANGE SUB-CONIMI'r'I'I:.F. APRIL~O 1999 Mr. lTasho moved, seco.tied b), Mr. Brow. ami tq~proved tuutttintottsly that we as~' the Ath'isoEv C~mt.t#tee that the)' ig.ore ottr recommettdtttiott ~r removing the avotics behind Crown Coloto'. if the lattd is privately mr. ed, public dollars shotthl not be ittvoh,ed itt either removal or .taintenance ~,r ~votics. If there is att ease. tcttt over the prope~y we shouhi be responsible ~r the removnl and Xlr lJarrelJ expressed that we need to find out how the easements read determine what Pelican 13av would be responsible tier Xlr Brox~n replied that t~rther discussion is irrelevant until the casement Easement does not necessarily say you have to maintain it. casement says you ha~c access to it Mrs Smith explained that all of the easements have been xwittcn by whether it xvas during the Pelican Bay Improvement l)i,trict or the Pelican Bax Division and arc available in our ofi]ces. Mr i la~ell express~ that we need to tind out what the casement agreements OTllERS US 41 BERM Mr Brox~nrcponedthathehadaconvcrsationthism~rnin,gxxithSlr llschnc~ and lo the specific questmn "[ las the County resolved thc mainlm~ancc o[' thk' mccti;~n he replied yes they have The County intends to maintain thc median strips xxlth monies from the road district Wearein Road District ~2 Any maintenance done out here this median strip will be paid for by Road District Ii2 ofx~hich xvt will be part Mr Ilarrell stated that the question now is. do we plant iff 93 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL ~* 1999 Mr. Brown replied that this is a Long Range St, b-committee and tkmunatelv x~c do not have to rash into anything Mr }tarrell stated that there is a big number in the budget lbr the year al~cr next and that is pretty long range planning. Without even a discussion he put in a number Nlr Brown stated it bother him thal things arc pul in lmdgct and il kind becomes after thc fact or matter of thct Mr i larrell stated his personal feeling was that it was rather prcsumptuotts Mr Brown stated that he also talked to Mr. Ilschner about what some of thc other states are doing hy using wild flowers with Iow maintenance and m~ irrigation required There is a dichotomy in what was done liars off to thc Pelican Bax They are beautiful Property Oxvners 1'hey went lo a firm with the interest of doin.t3 this. but had no monc~ to back ~t up Another thing to look at is Naplescapc Naplcscapc is this 14~) milc~ t,l' median strips in thc County and I think most of the residents would like tt, ~ct them planted One of the things in Naplescape says that the median strip should blend in x~ ith either side of thc road What was actually put in the plan lk,' this area didn't matchcither side of the highway There is a real deviance in what was done there Mr Harrell slated that we should look at what that median is going to look like very closely Not just from a cost standpoint. this should be considered We are t~cing x,,'alcr restrictions again and Mr. Brown stated tile felt it would be smart to work with the County because thcv are going to maintain that area The first question is. x~.hat will they maintain" 'l'hev may have some severe restrictions and may tell us lhev are not goillg It/ ptlnlp ;i lei of x~,illcl' 94 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22. 1999 out there as part of tile maintenance program We ought to be in a position to get this area landscaped when the road is done. in a xvav thal is compatible with the County Mr Hamel stated that the architect that is doing Naplescape is lhe same architect chosen by tl~e Property Oxvners Thc plants were chosen because of ti~cir lack of water needs liven lhough in some cases they are trees, they were designed to be local species, which are used lo floods and drought A good pan of what you arc asking tbr has been done I don't know ',~hat Texas looks like in JtiJx'. bul I bet it is brox~n Blue Bonnets arc not a year round llox,.er Things like wild llox~crs and uras~cs haxc a scascm It~ I}ielll where fins x~ould be vear round The City ~t' Naples has a vcrx nice landscape alld { think this is meant ~o be that nice The problem is Pine Ridge X~[lO did no~ ~tillll tl~ participate and lhev x~ent on lheir own and planted trees It would be impressible since that has been done to have a match Nit Werner slated that Mr Broxvn bas met with Sir Bocuncr a~ld I ha', c 'also mol with him Frankly the plan he designed lbr the Propcrl> ()x~ncrs was xerx hcaxilx landscaped lie even admilted that there was probably SI()U.UI)~} nlore landscaping per mite than you would regularly tinct 'l't~e lhing lhat Nlr [~i'o~tn has said Ih;it opcl~cd I~x eves was lhat you do wahl Io be compatible with lhe sides of lbo road We haxc a much different side of ibc road here l}lall xv}lal VOtl do xVhell voti get to Naples Xlr V]asho stated thai xou il]so x~anl Io be COml~atiblc xx ilh XXilal iS bcloxx votl ~Hld above you I think what Mr Broxvn said is that he is working xvilh lhe Counlv and whatever ends up they are going to end up approving and is going to be consistem Whatever we put out has to be southwest Florida as opposed to something else They will take care ot'that They are not going to allow us to do xxhalever we wnnl PELICAN BAY MSTBU/LONG RANGE SUB.COMMITTF. I! APRIL '~'~ 1999 ,Mr. Werner asked if Mr. Brown had gotten into any of tile capital funding with Mr. llschner? ,'tlr. Bro,.vn replied that he had not. ,Xlr. Werner stated that he spoke to Mr. Fernandez at the groundbreakin~u and they are going to do it that they have a capital budget. There are hundreds oF compctin~ interests for this money. My understanding is that there is thought and [las not been approved by tile Commissioner's )'et. that these types off projects should be put in thc capital budget [f vou have tmndred of competing interest, thcwayyou moveupthc list in priority is if you help fund it. We have moved so t;~r in our li~xor in the last ~ear have gone from thc County maintaining the area, that thc County was not ~oJng maintain it and now it is pa~ of a Road District, which makes sense The landscapin,3 itself was going to be $100,000 from the State and if you have a coupe of cookie sales and tim rest t?om Pelican Bay is we wanted it laadscaped It appears we are movin,g the right direction where we are getting more participation and paying t~r it Mr. Harrell asked if Mr. Werner meant the County might step in and pay lk')r it'~ Nlr ~Verner replied they might step in a t~nd it This has m~t been approved yet, but staff is to propose this as being pa~ of the capital budget You may be 90'h on thc list, but if you were willing to pa~icipate in the [hnding of it, then you would mtwc up the list. I think things are looking much better ! knowMr Brox~n likes wild but I don't think that is what the people here want. Mr. Brown replied that if you asked the six people where what they x~'ould like to see out there, you would get six different answers. 96 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22. 1999 16H2 !l that. ,',.Ir. Hamel stated that if we have Sl00,000 we can chop tile architect could do Nir Werner replied that ',vas $100,000 per mile ,',.ir. Vlasho asked why that was done. v.'hat ,,','as he thinking'~ Mr X, Verner slated it was either he saw the dcpll'~ of ~he pockets of thc property owners or was told to dothat by the Property Owners Mr. Vlasho stated that he was told they went to the experts for adxice and drawings. Mr. Hamel stated that ifthere is a certain budget and thc ('ountv picked up pan of the capital outlay to begin with, we are looking at a lot less money 'Fhev x~.ould lhcn tell us what they would maintain Nlr. Werner slated they might do that anyway 1 am just looking at the fi~nctin,g Mr. Brown stated he would like to see what is ~oing north of us on UN 41 and thc schedule. ADVISORY COM~IITTEE MEMIIEilSIIIP.-AI'I'OINTEI) VERSI;S EI.I':('TEI) Nlr Werner explained that he ~vould like to rclook ;,t tile issue of election of versus appointment orAdvisory Committee members There did not seem to be a ~rcat deal of'interest at the first meeting in doing this, but I was asked to bring i~ b~ck up Mr Harrell stated that he strongly against it Mr. llamel explained that he is against it. I ',,.'as asked thc question during the campaign ['or tile Foundation as to x,;hether or not the nominations should be handled itl another way, other than being handled by the Board. ! believe that 90% of thc time you will be hard pressed to find people to run for any oF these Boards Therefore the ability PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL '~'~ 1999 of the Chairman to appoint his Committee is important and appropriate. During times of controversy there are people who wish they ,,,,'ere on the Bard, who wished they had n.,n and will challenge the Chairman's right to appoint any one We are a nation of control people. You just won't have people coming tbr',.`,'ard to run. You are better off with the situation you hn`,'e no`,,,' You have a nominating committee, but i~l fact it is a recruiting committee that goes out and finds people who are willing to give lhe time Mr Harrell reported that the MSTBU is publicly advertised and ~s appointed by the County Commission. The Advisory Commitlee is asked their opinion as to ,.xhich the`,' feel should or should not be on the Committee. but the County Commission has man`,' times done lhe opposite We get an opinion, but x,.e do not make decisions Mr. ttamel explained that there are people v. ho feel l'elican Bay should be an incorporated area \Vhat you are going to find is that x,,hen they come to something like the berm or exotics, the qui'ckest way for them to dismiss anything is to say "you weren't elected, who put you there'"" What right do vou have. you are a creature ot'the ('OUlIIV') Mr ttarrell stated lhat at one meeting someone threatened to not VOle Ibr u.,, ']'[~;1t is in itself is one reason we should not be elected Mr. Hamel stated that his opinion is lhat we are moving toward votinu and in thc long run it would be a good thing. Mr. Harrell asked who would vote. registered voters, residents or property owners':' Mr. Werner stated that it would have to be residents Mr. Harrell stated that is where he would have a problem A majority of the commercial areas are not residents and they are huge taxpayers and For, halation member 98 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22, 1999 There is taxation without representation. There is a small registered voter list in Pelican Bay. Mr. Werner stated that could be addressed. If you go down to Naples you will find that most of those commercial interests do not have to live in the City of Naples. Mr Hamel stated that it should be the same as the Foundation, ~vhich is one vote per unit. and in the case ofcommercial interests, they have designed unil counts Mr Brown stated that he t~els this is a dead issue. There are many advisolx boards who se~'e at the request of the County Commission. If somebody has a request they should go to the five County Commissioners and talk to them. not an :Mtvisor~ Committee that is se~'ing at their pleasure Mr. }larrell stated that he always thought thru x~c as a dcpcndcnt board could do it Mr Werner replied ihat he did not think so. Mr. llarrell stated that came up when Commissioner Hancock came to us and said that the County Commission would never allow us to be clocked because xvt xxould lhcn become independent and not dependent I thought this Xxits nt~t ;m iSSUe Xlavbc changed. Mr. Brown agreed saying that if someone wants to be elected, let lhcm go lo County Commission and ask because we have no say in it Mr. Vlasho stated that he l~els Mr. llarrell is correct Sly understanding is th'at we cannot be elected, we will always be appointed If you want IO have an dcction as who is recommended to the County Commission. you could do that Where Xlr I lamcl is going is but there is a movement in the Foundation that we want to have representation 99 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APKIL 22, 1999 and the',' are looking for someplace that they can do that I don't know ifil is good or bad or how big it is. but this ma.,,' be something we can just sort of keep turning on the tire until whatever is going to happen xvith the governance in Pelican Bay Then. mavbe we can vole for that son oflhing. There are all kinds of things tha~ are being discussed and some of it is by people that were in the audience. They want representation Mr Hamcl stated that maybe we can't have it and tllat is different from wha~ people want and asked if the County Commission would not permit Mr. tiarrell replied that is what former County Commissioner Itancock had said to us a prior meeting We were a dependent advisor)' board and v, hen the PBID v. as here tilat was elected and was independent \Vhen tile County came in and took it o~cr tha~ pretty much stopped everything to keep it dependent Mr Vlasho stated this is like a sore thorn and il' il keeps coming back xxc need sa)' that it has been looked at and cannot happen Mr. Werner explained that his feeling is that ii' it was decided that Pelican hi:tv wanted lo elect their Board members I can't see who would light it I do not think Commissioner Caner would be against it if he f'eh that is what xtc -'anted and I think other lbur could care less. I think it would be easily doable Mr Hamel stated that if tile County Commission said tilex' did not \,.,mt it and there were enough people who said they did want it. then incorporation would become an issue. Mr Werner stated we would just let it sit on the vine some v, here and x,.c v. ould think about it and see what tile other entity is going to do MEETING DATES 100 PELICAN BAY MSTBU/LONG RANGE SUB-COMMITTEE APRIL 22. 1999 Mr. Werner stated that he does not have a lot on the plate for the immediate future and asked if anybody had anything we should be meeting about during the summer? The only thing we have going on is the US 41 median and I do not want to lose touch with that. Does anyone see anything we should be meeting about or si~ould we suspend things until September'~ Mr. Harrell replied yes, unless something came up that a meeting needed called for. Mr. Brown indicated he would stay in touch with Mr. Ilschncr ADJOURN There being no further business the meeting adjourned at 4'25 P.M. George Werner, Chairman 101 PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND March 31, 1999 F.Y. 1997 Budget EXPENDITURES Environmental Consult. Akerman. Scnlcrfitt. ct al. $ 153.168 Le;~'is Environmental Sen' $ 71.4t,O Tackn~, & Associates $ 54,184 Wilson. Miller, ct. al. $ 47,112 Dr. Samuel Sncdckcr $ 7,001 ttilbum tlilstad $ 10.55o Turrcll Othex Expcndaures 5, 18,524 F.Y. 1998 F.Y. 1999 Total Exp. Budget Budget Budget To Date 54.532 $ $ 207.700 S 207.683 7,54¢1 $ - $ 79.¢g~1 :S 78.732 32,316 $ $ 86,500 $ 86,500 2o,563 $ 22,325 $ 90.000 $ 67,675 20,599 $ $ 27,600 $ 9,997 $ 38,550 $ 49.11~ $ 10,55o S 66,5~1 $ 66,500 $ 12.896 161.794 $ M,050 $ 214.368 $ 34.274 Balance Mar. 1999 Expenses 17 S - 268 S S - 22,325 S 17,603 $ 38.55o S 53.604 $ 80.1194 $ 6.099 Sub-Total Tidal Cree 'lo 1,2 & 3 Engineering Construction Tacknev Turrcll Agnoli, Barb.'r & Brundage Engineering Design Tackney Tm'roll Agnoli, Barber & Brundagc Capital Improvements S 361.999 S 297.344 S 161,425 S 820,768 50(} S 38,9o11 $ 38.900 4,81R1 $ 4.80{I .I ,340 5, 1,34o 26,79~1 $ 26.79o ~ 2,3f~ $ 12.3o0 I ~,5(~ S S 508.3117 S 312,461 S 6.099 $ 500 $ 5, 38.91111 $ $ 4,8110 S S 1.3411 18.77.1 $ g,lll6 $ 10.361 S 1,939 5, 41~ $ 18,1.1o0 $ 400 Sub-Total Clam Pans Main Channel Engineerin~ Conntruction l'acknc,, Turrcll Agnoli. Barber & Brundagc Engineering Design Tackncv Turrell Agnoli, Barber & llrundage Sncdakcr Capital Improvements SO 269,130 S 269,130 S 29,536 5{~} S 5oo 58,g~) $ 58.9oo 5,91111 S 5.90o 1,335 $ 1.335 $ 24.980 $ 24.980 $ 23.832 IOJ~g) S 10,000 $ 8.7~7 2,{glo $ 2.1gg} 41X).(~} $ 4(~).ooo $ 55.488 S 239,594 S 400 500 $ 48.05O S 5,91111 $ 1,335 1,148 1.263 2,111~) ~44,512 55.488 Sub-Total Interior Tidal Creeks Engineering Construction WMB&I' Tun'ell Interior lidal Creeks Engineering Design Lewis Envimnmumtal Engineering Consultants Le~s Environmental Capital Improvements 5'0 S0 S 503,615 S 503,615 1.¢x)o $ 1 I.(X~l 3.oo0 $ ].(n)o 7.450 $ 17.450 12,620 $ 12.620 43,(X)0 S 43.(n)o 225.(~ $ 225.0(~} S 98,908 S 404,708 S 55,488 5, I I.(x)o $ - 13.31u $ 4.131 $ - $ 12.620 $ 3.16~ $ 39.834 $ - $ 225.000 $ Sub-Total $11 312,070 S 312,070 S 16,485 S 295,585 SO Page l PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND March $1,1999 EXPENDITURES Seagate Culverts Engineering Construction WMB&P Engineering DesiRn WIV~&P Capital Improvements F.Y. 1997 F.Y. 1998 F.Y. 1999 Total Exp. Budget Budget Budget Budget To Date $ 8,300 12.385 S 12.385 70.000 S 70.0~ Balance Mar. 1999 Expenses 8.30O S 12.385 S 70.(XX) S Sub-Total Ecosystem Enhancements Environmenlal Consultanls Other Contraclual Other Operating Supplies $0 SO S 90.685 S 90.685 2,000 $ 2,00o 8,5¢){) $ 18.5{}0 8.500 S 18.5o0 SO $ 9(I.685 $ 2.000 $ Ilq.500 S I So Sub-Total FreshlSturmwater Analysis Engine(ring Fees Environmental Consult. Fees Turrcll & Assocmtes Oth~.~' Contractual Scrv Operating Supplies $0 S0 S 39,000 S0 S 39,1ffff1 50 $ 45.{Xt0 $ 24.cX)0 9,35¢1 $ 65.65o Sub-Total Capital Outlay Improvements Other Ma(lunch' & Equip SO S0 S 245.1100 S 245,1XN! S 15,459 $ $ S 15,459 S 2..827 $ 1,9oo $ S 4.727 S 9,3511 S 235,650 SI} 15.459 4,727 Sub-Total S Other Fe~s & Cha~es Tax Collector $ Property Appraiser $ Revenue Reserve 18,286 ~ i,9(XI S S 20,186 S 1o.21-I $ 12,827 $ $ 23.o41 $ S 8,637 $ S X,637 S S S S S 20,186 S SO 23.o-11 8.637 Sub-Total S TOTAL APPROPRIATIONS [ S i..,-14 s 21.464 s s at.s?s 39o.499 I s 32o.7o8 [ $ !,62o.9251 s 2,332.132 31,678 S SI} 714.449 iS 1,617,6n316 61.9s7I Ililburn I hilts{ad Le~is Environmental Golden Gate Trophy SignTek. Mc Taylor Rental Agnoli. Barbcn-& Bmn&,gc F. nergy Resources Ludlum Construction Co Tutrell & Associates WMB&P WMB&P TOTAL INVOICES I)AI'E ACCOUNTS PAYABLE -MARCll SERVICES INV..NO. AMOIt,~T TllRU 12/29/'.~7 35793 $ 29.70000 12/31/97 031161,;o 991121 S 8.66900 02/28/99 {M/o6/gg (M-O6-99 $ 482.00 113/31/99 04/¢)2/90 1(10669 $ 22(I O0 (13/31/99 o3/I 1/99 160323 $ 5000 03/I 1/99 I)3/25/99 4296 S 2,441 25 03/16/99 ¢13/16/99 1 $ 67,740.00 03/16/99 03/31/9') 2 $ 80,0250{! 03/31/99 i}2/28/99 5 S 15,456.46 02/28/99 03/30/9~) 18959 $ 3,28400 {13/26/99 03130199 18958 $ 215.(x) 03/26/99 S 208,282.71 Page 2 6H2 'j COI.I.IER COUNTY GOVERNMENT PELICAN BAY SERVICES DIVISION April 21, 1999 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (941) 597-4502 r~ CERTIFIED BLUE CHIP COMML,~ITY Mr. Brad Estes Pelican Bay Foundation, Inc. 6251 Pelican Bay Blvd. Naples, FL 34108 Dear Brad: During the Long Range Planning Committee's public hearing on March 17, 1999, concerning the widening of the berm fi.om the Commons north to Pelican Bay Boulevard several suggestions were made that, for safety reasons, may merit further consideration fi.om the Foundation. 1. Lower the speed ofthe trams and employee carts, 2. Special hours for bikers and rollerbladers. 3. EMS equipped trams or tram crash cans. 4. Stop berm traffic when an emergency has been declared at the beach. 5. Eliminate the use.of headphones. Thanks to you and to Henry Hamel for your assistance with the berm-widening presentation. CC' Pelican Bay Property Pelican Bay Advisory g:rely, Wemer Long Range Planning Committee Owners Association Committee Agenda- May 11, 1999 2. 3. 4. 5. 7. 8. 9. 10. 11, 12. Meeting called to order Roll Call Approval of Minutes - Meeting of April 13, 1999 PWED Report- Micah Massaquoi Landscape Maintenance Report - Chuck Buckley Landscape Architect's Report - Mike McGee Transportation Administration Services Report- Dan DeCesare/Val Prince Committee Members' Reports Old Business New Business Public Comments Adjournment Copies Next Meeting: June 8, 1999, 4:00 p.m. @ Golden Gate Community Center 16H2 'J Minutes of April 13, 1999 SUMMARY OF RECOMMENDATIONS & MOTIONS: Minutes of the March 9:h meeting: Corrections - Roll Call - Mr McMahon was not ;r. attendance: 4B (page 21 correct to read "cost of living' 5A change muc2 to ,,"ruloh 6A: delete "have' Bcnner Bacon moved to accept the m~qutes as amended seconded by Sablna Musc~ and carried unanimously 7 TRANSPORTATION DEPARTMENT REPORT D Budget Statements for April 1999 and fiscal year 1999-2000 were distnbuted and rewewed Val noted that no funds were allocated for Mike McGee s design fee for next year s project. Since it is the committee's intention to proceed to the next ::,",~se Saba:a Musc: moved to authorize the transfer of $10,000 from Reserves 'cr the design fee for Santa Barbara Boulevard North.: seconded by Chuck McManon and caned unanimously. 2 ~ : ~I~ l~'1~ ~'~ ~ . ~t~ L,,'.~. , ~2 ~ a alif ir~ a/ia/z. ~ :2~i(1~, 'i ~ ~ ~, 9 ~_~z,~ ,,~ iL~ ,,? Minutes of April 13, 1999 3 Meetinq called to order at 4:00 p.m. at the Golden Gate Community Center Roll Call Present: Bonner Bacon. Cheryle Newman. Charles McMahon, Sabena Musc; members: Val Pnnce and Dan DeCasare, Transportation Landscape Serwces Micah MassaquoL Public Works Engineering Department: Chuck Buckley, Commercial Land Maintenance: Mike McGee, McGee & Associates Jacqueline SHano recording secretary. Minutes of the March 9:" meebng: Corrections - Roll Call - Mr. McMatnon was not in attendance. 4B (page 2) correct to read "cost of living" SA: change much to mulch: 6A, delete "have" Bonner Bacon moved to accept the minutes as amended: seconded by Sabina Musci and carried unanimously PUBLIC WORKS ENGINEERING DEPARTMENT REPORT A B Micah Massaquoi reported that he met with the contractor who contended that the change order for S13,750 should be paid in a lump sum Micah explained that that ,,vas not the ~ntent of the contract and has negotiated the price down to S7.000 Micah advised that Mike McGee informed him that the contractor has completed the work and he ~s waiting for the paperwork. Under the warranty, the smaller plantings are covered for 90 days and the trees and irrigation are covered for one year This phase of the project has come in under budget. (Micah left at 4:10) LANDSCAPE MAINTENANCE REPORT Chuck advised that mulching has been completed. He also noted that there was quite a bit of irrigation work done on medians 1, 7. 9, 12. 17, and 22; a lot of it was due to vehicle damage. There was also a main fine break on median 13. Val advised that there appears that there is a fracture somewhere between medians 13 and 14. His department excavated both nose tips and replaced a section of 4" line. K & B Pump is scheduled for April 15~h There was some discussion regarding providing more stacking room in the turn lanes to prevent vehicle damage. Mike McGee noted that signage at Golden Gate Parkway and Santa Barbara Boulevard should adhere to the Master Plan. This will be discussed further at next month's meeting. Chuck advised that the plant material and irrigation system in Phase A of C.R. 951 looks good; the valve boxes will be raised; larger plant material will be installed around the clock, tank and well. 6 LANDSCAPE ARCHITECT'S REPORT A Mike McGee provided cop~es of the March quarterly report, which was reviewed. Val noted that he is in the process of cutting a purchase order for the vericutting contractor to cut all of medians 7, 9, 10, 19 and 22. 7 TRANSPORTATION DEPARTMENT REPORT A Dan DeCesare advised that the committee member vacancy is being advertised. B. Dan noted that a traffic light would be installed at the fire stahon at Coronado and Golden Gate Parkway. He advised that pavers can be used at the sidewalk crossing in median #9 at 44~' Street can be installed if the additional cost is paid for by MSTU funds. So far he has only received one quote from Tincher - concrete: $3545, pavers: $6150. He anticipates two other quotes and will report again next month. Budget Statements for April 1999 and fiscal year 1999-2000 were distributed and reviewed. Val noted that no funds were allocated for Mike McGee's design fee for next year s project. Since it is the committee's intention to proceed to the .,next phase. Sabina Musc~ moved to authorize the transfer of $10,000 from Reserves for the design fee for Santa Barbara Boulevard North.: seconded by Chuck McMahon and carried unanimously. There was a discussion regarding funding for the next phase. Val wdl obtain the cost estimate and will then prepare an executive summary. He said the process for Phase II should begin as soon as after October 1'~ as possible Val advised that the charge for the vericutting would be taken from Fund 136. He also noted that $15,000 will been allocated in next year's budget for internal roadways. (Mike McGee left at 5:05) 8. COMMITTEE MEMBERS' REPORT Sabina ~nquired about the median closure at the church. Val noted that he has not received the revised plans for the turn lane and median closure. Cheryle asked if a concrete sidewalk, instead of asphalt, could be installed in front of the church. Val noted that it depended on the approved permits. Dan will request that Bill Spenser inspect the medians at Tropicana and 26m As there was no further business to discuss, the meeting was adjourned at 5:30 p.m. The next scheduled meeting will be held on May 11"' at 4:00 p.m. at the Golden Gate Community Center. !6H2 2. 3. 4. 5. 6. 7. Meeting called to order Roll Call Approva~ of Minutes - Meeting of April 9, 1999 Landscape Maintenance Report - Advanced Lawn & Landscape Landscape Architect's Report - Mike McGee Transportation Administration Services Report Committee Members' Reports: George Pearson Bob Cole Bob Weyers I~r~,,~ Al LePain Bill Ericson 8. Old Business 9. New Business 10. Adjournment Misc. C0rres: Ih]mil / ~'/-/-5~/<~. Next Meeting: 4:00 p.m., July 9, 1999 @ Collier Counb/Courth(L~¢~.s~.mplex, Facilities Management Conference Room 111 SUMMARY OF RECOMMENDATIONS AND MOTIONS Minutes of March 12, 1999 - Clarification 7B - the legal department referred to is the Office of the County Attorney. Al LePain moved to accept the minutes as amended: seconded by Bob Cole and carried unanimously. 7. TRANSPORTATION SERVICES REPORT Copies of the April 1999 budget status and next year's proposed budget were distributed and reviewed. A budget amendment to transfer the reserves t o cover the upcoming refurbishment will be presented to the Board on Tuesday. George Pearson moved to accept the proposed budget as presented; seconded by Bob Cole and carried unanimously, 61t 2 Meeting called to order at 4:05 p.m. Location - Facilities Management, Conference Room 111. Attendance Taken: Present - Robert Cole, Robert Weyers, Al LePain, and George Pearson, members; Dan DeCasare, Transportation Landscape Services; Mike McGee, McGee & Associates; Amador Martinez, Advanced Lawn and Landscaping; Jacqueline Silano, secretary. Excused: Bill Erickson, member. Minutes of March 12. 1999 - Clarification 7B - the legal department referred to is the Office of the County Attorney, Al LePain moved to accept the m~nutes as amended; seconded by Bob Cole and carried unanimously. LANDSCAPE MAINTENANCE REPORT A Amador adwsed that that they would be cleaning up the back of the monuments prior to the refurbishment work beginning. Mike McGee advised that the dead grass in median #1 is due to the current dry conditions: he has met with Bill from Porous Pipe and they may have to add an extra line. In the interim, Advanced Lawn and Landscape wdl be applying additional water to all dry areas for the next couple of weeks. Dan will look the possible use of the county water truck. The irrigation heads on median #13 need to be raised and adjusted. It was noted that if water restrictions become effective next week, Advanced Lawn & Landscape will need to reset the timers. C The leaks on Forest Hills have been taken care of; the clock at Doral Circle has been turned and may need to be repaired or replaced. D George said Ihe dead branches on the Tabebuia tree ~n median t¢2 still have not been tripped: Mike has mentioned this again in this quarterly report as in the past. LANDSCAPE ARCHITECT'S REPORT A Mike McGee distributed copies of March 1999 quarterly maintenance report. He noted that there are early signs of caterpillar damage on the bougainvillea: the light fixture on Doral needs a bulb. The rest of the report was reviewed and bnefly discussed. Mike noted that all ~n all, considering the dry conditions, the project looks good. 7. TRANSPORTATION SERVICES REPORT A. Dan advised that due to a bacteria problem, the effluent irrigation system had to be temporarily turned off and should be back on shortly. B. Dan reported that the time clock on Doral Circle should be fixed tomorrow by Allen Westcoast Irrigation. C. Bob Weyers asked if the speed limit sign at the Doral entrance could be moved back toward the bridge; Dan will follow up. George asked about installing reflectors on the median nose tips at intersections; this matter was tabled until George speaks with Russ Muller. (Al LePain left at 4:45 p.m.) Copies of the April 1999 budget status and next year's proposed budget were distributed and reviewed. A budget amendment to transfer the reserves t o cover the upcoming refurbishment will be presented to the Board on Tuesday. George Pearson moved to accept the proposed budget as presented; seconded by Bob Cole and carried unanimously. As there was no further business to discuss, the meeting was adjourned at 5:00 p.m There will be no meeting in May. The next meeting will be held on June 4"' at 4:00 p.m. in the Facilities Management Conference Room 111. AGENDA ~AY 0 6 1999 COLLIER COUNTY PI_ANNING COMMISSION WILL MEE'II~9~tS.°'JoC,~,u.~.. ¢l~~r~, MAY 6. 1999 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIl. EAST, NAPLES, FLORIDA: 2. 3. 4. 5. 6. 7. ~ INI)IVIDUAL SPEAKERS WILL BE LIMITED 1'O 5 MINUTF. S ON ANY ITF. M. INDIVIDUALS SELECTED TO SPEAK ON BEIIALI: OF AN ()R(iANIZATI()N OR ('}ROIIP ARE ENCOURAGEI) AND MAY BF. AI.I.OTI'F.I) lO MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY Tilt:. ('llAIRMAN. PERSONS WISItlNG TO IIAVE WRIfTEN OR (iRAPilI(' MATERIAI.S INCLUDED IN THE CCPC AGENDA PA£'KF. TS MIIST S(IBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO 'riie RF. SPECTIVE PUBLIC tIEARING. IN ANY CASE, WRIiTEN MATERIAI.S INTENDED TO BE CONSIDERED BY TIrE CCPC SHAI.L BE SUBMITI'EI) TO TIlE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USEI) IN PRF-SENTATIONS BEFORE TIlE CCPC WILL BF. COME A I'ERMANEN'F PART OF TIlE RECORD AND WILL Bt:. AVAILABLE FOR PRF. SENTATION TO THE BOARD OF COUNTY COMMISSIONF. RS IF ,'\PI~I.I(',\ BI.E. ROLL CALL BY ('I.ERK ADDENDA 'FO TttE AGENDA ANY PERSON WItO DECIDES TO APPEAL A DECISION ()F TIIF. ('CI'C WILl. NEF. D ,\ RECORD OF TIlE PROCEEDINGS PF. RTAINING TtlERETO. ANI) TtlEREFORE MAY NEED 'FO ENSURE TtlA'F A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WItlCll RF. CORD I~ ( I.bDES 'FILE TESTIMONY AND EVIDENCE UPON W}tICII file API'EAI. IS T() BE BASEl). ~rts : - C~rter Constant 1ne Mac 'K Berry APPROVAL OF MINUTES: PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT ADVERTISED PUBLIC ttEARINGS: (;O;):r.~. Petition No. NUA-99-1, Marklin Glenn and Evonne Prescott requesting the altering of a non-conforming single family mobile home, by replacing the existing stl'ucture with a new mobile home, on property located I). 16H2 !t at 3255 I.t, nar Street. fl~rlher described as Lot 4, Crews Subdivision, :n Secuon t3. Township 50 South, Range 2.< F. ast. Collier County, Florida. (Coordinator: Chahram Badamtchian) Petmon No. PSP-')9-4. James B. Roberts. P.E.. of American Engineering consultants. Inc.. representing Minan,s. Inc.. requesting Preliminary Subdivision Plat approval for Laurel Lakes. Phase (.)ne at I.aurclv,'ood. located on thc south side of lmmokalee Road (C.R. 84.6) ',,.'cst of CR. 951. in Section 27. Township 48 South. Range 26 East. Collier County, Florida. consisting of 25.85.: acres. (Coordinator: Chahram Badamtchtan I Petmon No. \'-99-3. Leslie E. Howard of South Florida Water management District requesting a 22 foot variance to reduce the required 25 foot front yard setback to 3 feet and a 7 foot variance to reduce the required Ii') foot side yard setback to 3 feet for the Big Cypress Basin Adm,mstrat:on Building located at {)089 Janes lane. m Section I 1. Township 49 South, Range 25 East. (Coordinator: Don Murray) Petmon No R.99-3. Geoffrey (;. Purse of Purse Associates. Inc., representing the Golden (.;ate Inn and ¢'ountry ('lub. requesting a rezone from "GC" Golf course to "C-Y' for a Walgrecns for property located at the southa'est comer of C.R. 951 and Golden Gate Parkway. further described as Tract A. Block I. (_;olden Gate Unit I. m Section 22. Township 49 South, Range 27 East. ('oilier County. Florida. consisting of I.$7+ acres. ICoordinator: Chahram Badamtchian) Petmon No. I'UD-84-11(2). Greg Smart of Stuart & Associates, representing The Diocese of Ven,cc, requesting to rezone lands now zoned PUD to a new PUD to comply with the Sunsetting Provisions of the l.and Development Code and which will continue to be known as the Vincentian PLID having the effect of elim,natmg cerm,n uses; converting 8.5 acres for commercial land uses: allowing for assisted living facilities. 11.7 acres for preservation purposes and increasing the residential density from 3 dwelling units per acre to 4 dwelling un,ts per acre for property located at the southeast comer of Southwest Boulevard and Tamiami Trail East {U.S. 41 ), in Section 32. Township 50 South. Range 26 East. Collier County. Florida. consisting of 30! acres. (¢'oordinator: Susan Murray) Petition No I'I5D-99-1 - To be continued to June 3, 1999 CCPC Meeting. OLD BUSINESS NEW BUSINESS 10. 11. 12. A) PARK/RECREATION IMPACT FEES PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN 5/6/99 CCPC AGENDA/md 2 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, April 1st, 1999 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Michael J. Bruet Russell A. Budd Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik ABSENT: Michael A. Davis Gary Wrage Ron Nino, Current Planning Manager Marjorie M. Student, Assistant County Attorney Carter Constnntino ,, Mac'Kle Page Iteml~ Copies To: AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 1, i 999 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE'. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. [ND~U~ SEI.g. CI'F.D TO SPEAK ON BEItALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE AIJ.OTTED 10 ~ TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED !~ T~E CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC itEARINO. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITIED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COM]v[ISS[ONE~ iF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCT~ WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAy NEED TO ENSURE THAT A VERBATI~ RECORD OF THE PROCEEDINGS IS MADE, WItlCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2. 3. 4. 5. 6. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES: March 4, 1999 PLANNING COMMISSION ABSENCKS: BCC REPORT CHAnlMAN'S REPORT ADVERTISED PUBLIC HEA.RINGS: Petition for appto~ of Int~%cal ~ Agr~em~t by and betw~n tt~ City of Napl~ tnd Collar County authoi~I the City of Nap~a lo review and q:sprove the use of cexts~ rands lying in Collkm County for amarina and related uses. (Coordinate. RonNino) Petition No. SV-99-1, .lanmea McVey of Oate~ McVey Buikte~ inc., ~ Ptrk C_.emural Devek:,pen of Nsplea, Inc., requesting a 0.$ foot vamnce from Ihe required 15 foc~ f~mt ym'd settmck ~o 14.5 feet akmg Y.M.C.A. Road ,,~a a 10 foot variance fi'om the requir~ 15 foot side ytrd ~embeck to 5 feet alo~ Airport Road North for I ~t type sign kx:algd at 5420 Ah]:,ort Road North, in Section 12, Township 49 south, Panse 25 East (Cootdimm,: Chahram aadanur, h~) Petition No. R-99-1, Cleoff:rey Ct. Purse of Purse Associates, Inc., representing Sunse~ Harbor Club, requesting, rezone from "C-4" to "P. MF-12($)" for propt-ny located on U.S. 41 Eut at the northwtst comer of Port-of-the.lstands Phase One, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, comi~ of 6.854- acr~. (Coordinator. Doe Mtu~ay) Petition No. PUD-83-2~2), Robert 13mmne of Hole., {domes & Auociatu, Its:., repnmenting Olde Cyprus Development LtcL, a Florida Limited Pm'usenMp, requesti~ · nnx,ne from FUD to FUD havi~ :he effect of ameudin{ the Woodlands PUD for the {mqxmes of t~'namin{ the PUl) from the Woodlands PUD to the Old Cypress PUD, adding pegmitted uses of personal storage f~cilities and motels/botch and ruvismg certain development standards for property located on the north side of h~.,~kalee Road (C.IC 846), east of 1.75, in Sec~on 21, TowmJ~p 48 South, Range 26 East, Colli~ County, Florida. consisting of 500-2_ ncr~. (Coordi,,,toc Ron Nino) Pemition No. PUD.98-19, Robert L. Duane, AICP, of Hole, Montes & Associates, Inc., ~tm{ Beype South U.S.A., rcqucstinS · rezone from RSF-3, CIC, C.-3, and A to "PUD" Planned Uuits l~vclopmeut to be known as Boyoe South for · maximmn of IS4 sin~e family and multi, fsmily dwelling units. 66 ~ golf course, club home and driving rng~e for property located on the south side of U.S. 41 approxin~tety 5 mile~ easl of C.R. 951, in Section 20, Township 51 South, Range 27 F..ut. CoLlier County, Florida containing 242.354- acres. (C. oordimtoc. Susan Murray) Petition No. PUD.99-4, Robert L. Drone, AICP, of Hole, Monms & Asaociat~ Inc.. r~-pre~-n~g Nort~ Port DcveLopmcut, inc., rcqueatin8 · r~zoue fi'om "RT' Resort tourist tnd "CON" Couscrvauon Distri~ to "PUD" Planned Unit D~velopmeut to be known as North Pon Bay for I multi-family development cousistmg of · maximum of 300 dwelling units for property located al the nortix:~st corner of U.S. 4 i tud Faka Union Canal in Section l, Towuship 52 sontlL R. an~e 28 Eut, Colli~ County, Florid, t, cousisting of 50~_ acr~. (Coordimm~. Ron Nino) Petition No. PUD-93-1(4), Ctemle L. Vamadoe of Young, vauAueudetp & Vamadoe, P.A., ~ting WCI ~ L.P. for an mm~ent to the Petican Ivtm~ PUD for the ~ of sddin~ speci~ ~ for boun, l~ ,,nd p,ojm signqe; makins ~,v'i,k,n, fo, r,~ (~0) ~ te,~knt~ ~eUin~ traits that may fun~"tion u mmmi ~ in ~ w~h thc howl or golf course; and s~-vis~g time west by Tamiami Trail North (U.S. 41), on the es~ by the ~u.u~ Livingsmon ~ and on the south by Vandetbilt Beach Road in Section 25, 27, 34, 35, and 36, Township 48 South, Rtnge 25 East, Col~-r County, Florida, co~ of 2,O72.88+ acgea. (~ Item DOA.99-1) (~ Ron Nino) 2 9. 10. Ii. 12. OLD BUSINESS NEW BUSINESS PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN 4/I/99 CCPC AGENDAYmd 3 April 1, 1999 CHAIRMAN BRUET: Ladies and gentlemen, any those -- any of you folks who wish to speak to the various issues on today's agenda, please make out one of the small slips with Ron Nino and register yourself please, before the meeting starts. ' Good morning, everyone. I'd like to call to order ~he April 2nd (sic) meeting of the Collier County Planning Commission Roll call Commissioner Priddy? ' · COMMISSIONER PRIDDY: Here. CHAIRMAN BRUET: Commissioner Urbanik. COMMISSIONER URBANIK: Here. CHAIRMAN BRUET: Commissioner Davis excused. Commissioner Budd. COMMISSIONER BUDD: Here. CHAIRMAN BRUET: Commissioner Bruet present. Commissioner Pedone. COMMISSIONER PEDONE: Present. CHAIRMAN BRUET: Commissioner Oates. COMMISSIONER OATES: Present. CHAIRMAN BRUET: Commissioner Wrage is excused. Commissioner Tragesser. COMMISSIONER TRAGESSER: Here. CHAIRMJkN BRUET: Okay, April 1st. All right. Addenda ~c the agenda. And I do have a couple of changes here. Ron, the petitioner for agenda B has asked to be put at -- because of a scheduling conflict, to be put at the end of the agenda, after H. That is B, Petition No. SV-99-1. They will be -- COMMISSIONER OATES: Mr. Chairman, I move we put Petition SV-99-1 to the end of our agenda. COMMISSIONER PRIDDY: Second. CHAIRMAN BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Priddy to move item B to the end of the agenda All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Secondly, Ron, we understand that petition number PULP-99-4 has asked for a continuance. COMMISSIONER OATES: Mr. Chairman, i move we continue item pardon me, petition PLFD-99-4. MR. NINO: Mr. Chairman, I think I need to have Bob Duane take the podium. MR. DUANE: Good morning. For the record, Robert Duane from Hole Montes and Associates. We do have a request for a continuance before you [oday, but client is here. There are people here that have an interest in what's going on in this project, and we're perfectly prepared to discuss take their input. ' Our plan was to come back with (sic) you with a revised plan, but it's the pleasure of the commission and we certainly don't want to stifle any public input. CHAIRMAN BRUET: We're prepared to hear the issue. MR. NINO: There's a slight problem with that, however. I hay,. talked to people on the phone and advised them that this petition was going to be continued, so that represents a problem. MR. DUANE: But we're not requesting any action be [aken today. MR. NINO: Okay. Page 2 CHAIRMAN BRUET: I think if Ron has done that, we need to follow through with what Ron has said to the various phone calls. So Mr. Oates, with that in mind. MR. NINO: You could have your discussion and then continue a decision to another meeting. UNIDENTIFIED AUDIENCE MEMBER: This is on the continuance? CHAIRMAN BRUET: This is on the continuance, exactly. There is a request for a continuance. The pleasure of the board? No, sir, we're talking about the continuance. COMMISSIONER OATES: Mr. Chairman, I still move that we continue PUD 99-4. COMMISSIONER BUDD: Second. CHAIRMAN BRUET: There is a motion to continue petition PUD 99-4. MR. NINO: Is that to the next meeting? CHAIRMAN BRUET: I have indefinitely without any dates set. Indefinitely. He can petition you. Okay. There is a motion to continue PUD 99-4 from Commissioner Oates, seconded by Commissioner Budd. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. MR. DUANE: Perhaps we could pick a date certain today, if that's suitable to the public that's here. MR. NINO: I'll schedule for two weeks. CHAIRMAN BRUET: Yeah, that's fine. MR. DUANE: That will be fine, thank you. CHAIRMAN BRUET: So it will be in two weeks. I would like to just discuss quickly -- it's probably under the old business, but I need to excuse myself in about one hour, so I'd like to talk about the letter I wrote to the county attorney asking a legal opinion as to my ability to vote on -- along with Commissioner Oates and Commissioner Priddy -- on future density reduction issues. And the three of us have ties through employment or marriage to major landholders affected by the density reduction. What's out there now is what the board has approved, which is an extension has been granted to the major property owners, as we know that read the paper, relative to extending for three years any action, giving the landowners time to move forward with some long-range planning. Marjorie, seeing the three-year period is out there now, please fill us up to date as to the urgency of the request and perhaps even where the process is going to go. MS. STUDENT: Certainly, Mr. Chairman. Marjorie Student assistant county attorney, for the record. ' Our office, pursuant to receipt of your letter and even before we received your letter, we commenced research on these issues, and just about completed the research, but we are waiting for some factual information from one of the representatives of the company that deals with one of the relatives of one of the commissioners. And so once that's complete, our research will be complete. However, with the three-year extension, the immediacy may not be there. However -- there's always caveats, you know, when you ask for a legal opinion -- there still will be issues to consider about the fringe areas. And I don't know if any of those property owners are impacted at all by the fringe area. That indeed was not our charge for this particular request. Page 3 April I, 1999 And also, just so the Planning Commission knows, the recommended order of Judge Meale, where he found us -- he found the county's plan in noncompliance, it was forwarded to the administration commission, which is the Governor and Cabinet. DCA has to provide them with remedial action, so it would bring the plan into compliance by April 7th, indeed, less than a week from today, and it is currently scheduled to be heard by the administration commission on April 27th. And there,s some efforts ongoing with the Department of Community Affairs to see if that can be continued. I understand from reading the paper, but not direct communication with them, that the interveners are going to object to any continuance. I do not know if the administration commission will treat that as the administrative law judge did and for that reason not grant it So things are still kind of up in the air. ' But to answer your question, I think as to that point, the immediacy may be not there, but we are still going to have the answer to the question so we have it. And at our next meeting, we will be able to provide it hopefully earlier than that in writing, but I'l! be happy to address that at the next meeting. It's just, as I said, pending one little bit of factual information we still need. CHAIR/~ BRUET: Very good. So it really depends on how the Governor and Cabinet eventually rule on whether to extend it for the three-year period, as requested and agreed to, or MS. STUDENT: The Governor and Cabinet wouldn,t be voting really on that. They would be voting on a remedial amendment that would have certain language in it that would address that I would think, in some fashion. , But again, the county has not been in this posture before with the Governor and Cabinet. We've always gone in to them before with the settlement agreement, and we've been in a different posture. So we're kind of, you know, just feeling our way along as we go since we haven,t been through this before. ' CHAIPd~ BRUET: You mentioned the issue as it relates to the fringe. I know I'm -- we are not involved in the fringe area ! m not sure about Russell or Ed. · COMMISSIONER OATES: I don't know. CI{AIPd~ BRUET: Okay. All right. Well, if you would examine that on their behalf, that would be fine. MS. STUDENT: Sure. Oh, absolutely. C}{AIR/~ BRUET: Thank you. Very good. I guess we need to approve some minutes. COMMISSIONER OATES: Mr. Chairman, I move we approve the minutes of March 4th, 1999. COMMISSIONER BUDD: Second. CHAIR/~ BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Budd to approve minutes of March 4th. All in ~avor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. BCC report. Planning Commission absences? COMMISSIONER TRAGESSER: No. COMMISSIONER OATES: No. CHAIRMAN BRUET: Okay, we'll move into the agenda. And we will start with Petition No. -- excuse me petition for approval of an interlocal agreement. ' Page 4 And I need to start the meeting off with saying i need to be recused from this particular item in that my employer is the petitioner. I'll turn it over to Vice-chairman Budd. COMMISSIONER BUDD: This being a public hearing, all those wishing to speak on this particular issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) COMMISSIONER BUDD: Mr. Nino. MR. NINO: This petition -- Ron Nino, for the record. This petition seeks your recommendation to the Board of County Commissioners to an interlocal agreement between the City of Naples and Collier County that would have the City of Naples assume the role -- have the City of Naples assume the role of determining the appropriateness of the land uses in 21 acres of land lying in Collier County, and a part of a much larger development that is in the city, in total consisting of 103 acres of land. Some of you may recall that the 21 -- the 21 acres, incidentally, is located west of Fern, extended and south of Bay Street contiguous to the City of Naples. Some of you may recall that this parcel of land is a part of the Sabal Bay development, or Sable Bay PUD, which was approved a number of years ago and for which no development has occurred. Nonetheless~ the activities that were proposed in that portion of the Sabal Bay development would have had in our opinion a substantiall}, more intensive form of development than is currently proposed b~, this -- the land uses that the city will deal with, specifically by virtue of this interlocal agreement. Under the Sabal Bay program there would have been a very large marina, substantial excavation of material to create a harbor in this area. It would have been the access point to a lot of restaurant other commercial activity, a hotel, et cetera, so that the amount of traffic emanating to this location would have been substantially greater. This -- the terms of this settlement aqreement -- i mean, the interlocal agreement -- would specifically ha~e the city approving the uses -- approving this property to be used as dry storage facilities of 145 slips, if I'm not mistaken, and for parking that would support the dry -- the dry facilities and the marina, which is located within the city's portion of the project. Obviously the parking spaces would be structured for normal car usage and for boat hauling purposes. The interlocal agreement addresses the standards that the city will incorporate within its development approval. And ~hose are attached as Exhibit 3 to the resolution, or the agreement. I might point out that there's a need for one change, i need to advise you that under architectural standards, the language you have has been changed to provide that the dr}, boat storage facility facades will be a natural color to further blend in with the surrounding environment. But we would not be recommending the transference of this authority to the city if we felt that this action would be inconsistent with Collier County's Growth Management Plan. And I need to tell you that the Future Land Use Element of the county's Growth Management Plan does authorize this type of usage of land within the urban residential district by virtue of the fact that it provides that water-dependent and water-related uses are an authorized use within the urban residential district or area which this property is a part of. So that Page 5 16H2 April 1, 1999 this action, if approved by the City of Naples, would be clearly consistent with the Future Land Use Element and the Growth ManaGement Plan. ~ We recommend your approval. We recommend that you recommend to the county board that this interlocal agreement be approved. It is not the first time that an interlocal agreement of this type has been structured. As a matter of fact, the other time we were the recipients. In the Grey Oaks situation, we dealt with nearly 60C acres of land that was in the city on the northwest corner of Golden Gate Parkway and Airport. So the previous time we were the recipients of that action. Lastly, let me add that. we received a letter from Mr. Olliff, who is the administrator of the county,s public service programs and, therefore, is also the chief person in charge cf parks and recreation activities for Collier County, and he advises us that this action, if approved, would be clearly supportive of the recreational boating requirements -- needs of Collier County. Thank you. I'd be happy to answer any question. But Mr. Varnadoe is here to make a more comprehensive presentation. COMMISSIONER BUDD: Does the petitioner wish to address this? MR. VARNADOE: Very briefly. Good morning. For the record, George Varnadoe, representing the owner, Collier Enterprises. i think Mr. Nino's covered most of the high spots. Obviously it's been the purview of the County Commission as to what's in your local agreement and whether it's appropriate or not to delegate to assign these rights to the city. But I think tha~ the Planning Commission, we wanted to bring it to you to talk about the development standards and see if you thought they were the kind of development standards that should be applied as a minimum. The city can obviously tighten them up, but they can't go beyond the purview of development standards that we're talking about here today,. So let me just talk about the plan just very quickl?. And !'ye got the whole plan.. And you can see the city/county line runs right up that section line right there, so this part of the eas% is within the county part, on the west within the city. Sc the boat basin, cr the majority of it, is actually within the city. As Ron has pointed out, the dry storage facility, parking access and water management is within the county. The proposal is for a small wet slip of marina, about 36 wet slips and associated storage u~ zc 450 boats, small restaurant, dock master's building here, fuelinc tkere. And as Ron was talking about, we worked with Tom Olli~f~tc provide an additional 15 parking spaces for Bay View Park in that · ~ ~oca~ion there, which effectively doubles the boat trailer parkin9 for Bay View Park. Probably none of you use that facility, but it's a problem right now. Tom tells me on an}, -- after a good weekend, on Monda}' morning the first seven or eight calls he faces are people that live along that street, because there are only 15 parking spaces. For those who launch their boats, they park up and down the right-of-way. This wil' not solve that problem, but it will help. I think Ron's been through the development standards. This obviously is part of the old Sabal Bay DRI and it is kind of a -- it is a down zoning in that that project calls for 600 wet slips and 200 dry slips and associated hotels and retail. So there's nothing new about the uses here. The locations are different and the magnitude has been lessened. Unless you have any questions, !'11 conclude with [hat. Page 6 April 1, 1999 COM~ISSIONER BUDD: Questions? MS. STUDENT: Just for the record, I need to state one thing, and I think it can be solved before the Board of County Commission meeting. And Mr. Weigel's not in the office right now, he I know was going to come down and address this point. But there's just one provision in the agreement that talks about that once the city has gone through the zoning, that the county shall adopt it. And there's some case law out there about settling something without that being a public hearing and following the appropriate notice and hearing requirements, and then just perform and doing it. So we wanted to see language shall consider the adoption of. And there's been an issue with that, and hopefully that will be settled before the board meeting. But I need to make that for the record Thank you. MR. VARN;kDOE: For the record, we don't agree with the Count't- Attorney,s Office. COM~ISSIONER PRIDDY: That's unusual. MR. NINO: Mr. Chairman, we have two registered speakers. COMMISSIONER BUDD: Okay. If our speakers could come forward. MR. NINO: Brian Sheehan and Gerald (sic) McNeil, if you would come forward and -- oh, I'm sorry, I'm sorry there are no registered speakers. ' COMMISSIONER BUDD: Okay. Being no registered speakers we'll close the public hearing. , COMMISSIONER OATES: Mr. Chairman, I move we recommend for approval the interlocal agreement by and between the City of Naples and Collier County, authorizing the City of Naples to review and approve use of certain lands lying in Collier County for marina and related uses. COMMISSIONER URBANIK: Second. COMMISSIONER BUDD: We have a motion by Mr. Oates, a second by Ms. Urbanik. All those in favor, signify by saying aye Those opposed? ' (No response.) COMMISSIONER BUDD: It is unanimous. A_nd Mr Bruet will assume the helm. · CHAIR/MAN BRUET: Thank you, Mr. Vice-chairman. I'd like tc make one little deviation to the agenda and just take a couple of minutes to have Vince Cautero address the board. If the board recalls, in the past we've had an issue occasionally when a petitioner comes before the Planning Commission without the prior approval or review of the Environmental Review Board. The petitioners that come have gone through the proper scheduling and timing and public notice and public hearing periods, and we have had to turn that individual around and send him away because he has not gone through the review by the Environmental Review Board. We cannot hear an issue until that is done. But because of some scheduling, staffing and other issues that are out there, we've asked Vince to come forward and explain tc us what he's doing with his environmental group and the two review boards so that we can eliminate this problem in the future. And Vince was nice enough to spend some time preparing for this, and he has something he wants to pass along to the board and the public as to how this process is going to run in the future Vince, thank you very much. MR. CALrIERO: Good morning, Mr. Chairman and commissioners. I'll Page 7 April !, 1999 be brief. I know you have a lengthy agenda today. Thanks for asking me to come. A couple of months ago, maybe three or four, actually, the Board of County Commissioners dissolved the Environmental Advisory Board and the Environmental Policy Technical Advisory Board, two different bodies with different rolls. The EAB was charged with reviewing develcpment applications that met certain criteria as stated in the Land Development Code. ' The Environmental Policy Board, or EPTAB, we used to call it for short, was a committee that was started when the comprehensive plan was in its infancy stages in Collier County, when policies were being drawn up and debated in public. And the Board of County Commissioners wrote a policy, or the staff did and the board adopted it, in their comprehensive plan stating that a committee should be charged with looking at environmental policies and providing recommendations to the board to implement their environmental protection program. So there were two separate agendas, two separate reasons for the establishment of these boards. Over the past few years, I've talked to my environmental staff members, as well as staff members from the planning department, about possibly combining these two boards to save cost, eliminate some staff time that was devoted to these boards, but keep the functions of the boards, because both of these boards were called for by' ordinance, comprehensive plan being an order and of course the Land Development Code. A recommendation was made probably about a half a year ago now by myself and Bill Lorenz, the natural resources director, to combine the two boards, and the Board of County Commissioners gave formal direction to do that. And all the proper paperwork was filed with the board, and the board disbanded those two boards and formed a new Environmental Advisory Council. That council will be seated by the Board of Count}- Commissioners later this month, that is our goal, and their first meeting will be in May. However, the EAB will still meet in April. There's an agenda set for next week for them to have their final meetinc to hear some development applications. The role of the EAC will be expanded. It will take on the role of what the EAB had and what the EPTAB had. They will review all development proposals that are called for by the Land Development Code, and if I'm not incorrect, and I would like a staff member to correct me if I am incorrect, they can hear any petition that they'd like. don't know if that has been utilized in the past often, but there are certain criteria that once they're met, the petitions are heard by the Environmental Advisory Council. Another part of their agenda will be set up similar tc the Development Services Advisory Committee. where they will make recommendations on various programs, and we will bring program initiatives to the Environmental Advisory Council. i will set the agenda like I do for the DSAC and attend the meetings. I know we've had some difficulties in the past. 51Y commitment to you is to do everything in my power tc make sure the petitions are advertised in an orderly fashion, which we do now, but make sure that we don't have any glitches like we've had in the past where applications come to you prior to them being heard b}, the Environmental Advisory Council or EAC. And I will do everything that I can to see that my staff brings those petitions forward, a recommendation that is Page April I, 1999 forwarded to you so that you may forward that to the Board of County Commissioners. So we're going to make some logistical changes; there will be more staff at these meetings that are already on staff that would normally make presentations to the board, or myself on various programs that don't appear in front of the EAB. Pollution control department will play a very active role. I'm getting ready to make some recommendations to implement some goals in the comprehensive plan, so you'll be seeing some more -- or they'll be seeing some more staff members in talking about various programs, in addition to hearing from the planning staff regarding development proposals. So I think with those minor changes, we should be able to eliminate some problems and have a more effective board. CHAIRMAN BRUET: That sounds good, Vince. Just it was -~ just got awkward when the petitioner was here, of course, before us with his attorneys and engineers and we had to turn him away. So i think the comment about some additional staff is probably going tc help us immediately, as best we can tell. Does anyone have any questions for Vince? COMMISSIONER URBANIK: I just have a question. CHAIRFJ~N BRUET: Sure. COMMISSIONER D-RBA/gIK: The EAC will meet under Sunshine Law as do all the other boards in the county? MR. CAUTERO: Yes, ma'am. The two boards that were disbanded were under provision of the Sunshine Law. A~d this new Environmental Advisory Council will -- and they will sit in this room like you do and we will have those meetings recorded, like the EAB meetings, and minutes prepared for the meeting, and it will be open to the public, the entire meeting. And public will be able to come. The portion of the meetings where we deal with policies and staff presentations and so forth, yes, and public comment will be solicited~ just like the Development Services Advisory Committee does We're modeling it after that, ' CHAIRMJuN BRUET: This may be an odd question, but will they be governed by the current requirement of the review board that the projects have to have a super majority? MR. CAUTERO: I don't know. I'll have to defer to Marjorie or Susan or Ron on that. I don't know if they require -- i don't think they do, but I may be mistaken. MS. STUDENT: I don't think -- I'm not sure MR. CAUTERO: It's a recommending body, so MS. STUDENT: I have not typically worked with the EAB itself, and I was on call for EPTA~, and I don't -- but I just don't -- i don't know what the EAB requirements were, and I haven't really studied what the EAC ones are, so -- CHAIR/ZJ%N BRUET: It's my understandinc the EAB had a super majority, and it just seems rather -- - MS. STUDENT: Heidi Ashton in our office had been the attorney that worked with the EAB, and I could certainly check with her and report back. CHAIRF~\N BRUET: We'd appreciate that, Ms. Student. MS. STUDENT: Surely. CHAIRMA~N BRUET: I think a majority vote for these issues is more than appropriate. Vince, thanks an awful lot. Page 9 Aprilll, '1999 MR. CAUTERO: You're welcome. CHAIRMAN BRUET: We appreciate it very much. Go back to the agenda. We'll go to item C, Petition No. 99-1. This being a public hearing, all those wishing to speak to this particular issue, please stand, raise your right hand and repea~ after the court reporter. (All speakers were duly sworn.) CHAIR~ BRUET: Thank you, Ron? No7 Is this part of the April fools Jokes, Ron, or what's going on here? MR. NINO: Just all screwed up today. You're right. MR. MI/RRAY: For the record, my name's Donald Murray, principal planner with the Collier County Planning Services. This petition, R-99-1, Sunset Cay, is being requested by Jeffrey Purse of Purse and Associates Incorporated for the owner of Sunset Harbor Club. ' ' The subject site is located approximately 695 feet south of U.S. 41 East on Newport Drive, which runs north and south. And this is also part of the Port-of-the-Islands development. This petition is requesting down zone approximately 6.8 acres of C-4 general commercial property to RMF-12, with a density cap of eight units per acre. The rezoning of this property will allow the o~er to build approximately five additional multi-family buildings, housing approximately 52 dwelling units. I don't know if you can see that. At this time, this site is vacant and undeveloped, with the exception of an abandoned airstrip which runs through it to the north and south. ;tnd the properties surrounding it, mostly -- well, to the west are agricultural lands that are undeveloped, and to the north, the remainder of this property is still C-4 commercial, and to the east of it, along the canal, we have RT, residential tourist, and C-4 commercial, which contains a marina, tennis courts and some other structures. South of the subject property, it's zoned RMF-16, residential multi-family, and RSF-3 a little bit further south, which allows single-family homes at three units per acre. The property just immediately to the south cf this portion that's being rezoned has an approved site development plan for similar structures, residential structures, as you can see on the map that Mr Purse brought in. The -- this area, I also want to mention, is in the Big C,vpress area of critical state concern, and there is a settlement agreement with -- between the developer and the Florida Department of Community Affairs. And that agreement the county was not part}' to, but that agreement addresses the residential densities. And I just want to qllote real quick, and I'll go on from there. This is from the settlement agreement: "The density of the development and the remainder of the project shall be ~n accordance with the existing zoning of said parcels or of lesser density if tke density is reduced by Collier County." . The -- as soon as this decision is made by the Board of County Commissioners, staff will forward the results to DCA for their review, and they will have a period, I believe, of 45 days to -- MS. STUDENT: I just need to make -- interject here. Again, Marjorie Student, assistant county attorney for the record. Our comp. plan references this settlement agreement. And as you can tell, it has some ambiguous language in it. DCA's already been notified to advise us, because we're not party [o this agreement, you Page 10 1 April i, 1999 know, what this might mean, because it's under our comp. plan. What we do out there has got to be consistent with the settlement agreement because it's in a comp. plan. So you get into a comp. plan consistency issue, because one document references the next. So we're waiting to hear from DCA on that, and I needed to state that for the record because there could be a comp. plan consistency issue. CHAIP~ BRUET: Let me ask you a quick question, if the settlement agreement is delayed for another year or two, for whatever reason, can the developer move foz-ward with the project? MS. STUDENT: I think that the developer could move forward and the board could move forward, but they would have to understand the ramifications, that we might all be in court and sued by DCA, and we could be, you know, in court over that, so -- · CHAIR/~ BRUET: Or sued by the developer I guess MS. STUDENT: Yeah. ' ' MR. NINO: Well, isn't it -- Ron Nino. Isn't it true that there is an appeal period for 45 days. MS. STUDENT: Yeah, there is. MR. NINO: Presumably if they don't appeal it within the 45 days then it's a final decision. , MS. STUDENT: It would go to the Florida Land and Water Adjudicatory Commission, and then that ends up getting forwarded back to a division of administrative hearings procedure. So the DCA has been put on notice of this and hopefully, you know, there'd be a response before this goes to the board. But if we approve something that's inconsistent with the comp. plan, and there's also other legal procedures for that that are in circuit court, so there's a couple of different legal procedure routes that we could be involved with. CHAIR/~ BRUET: Thank you. Don? MR. MVJRRAY: Thank you. A_nd she summarized that exceptionally well. That was what I was going to say. Regardless of the settlement agreement, the subject petition is consistent with the locational criteria for multi-family development as it applies to the Future Land Use Element of the Jrowth Management Plan. And in that sense, staff looked at it, this i~; a rezoning, and staff found that it was compatible and consistent with Growth Management Plan and with zoning of the area. The rezone will lower intensity of development by lowering projected nonresidential traffic and the scale of commercial development at this location. The proposed residential will probabl'~, help the development potential of the remaining commercial property, and will likely reduce other impacts associated with highway type commercial such as drive-throughs in the residential neighborhood. ' By staff's calculations, using IT trip rates, there would be an estimated 2,400 average trips per week day if this property is rezoned. This would be an estimated reduction of 3,836 trips per da}-. Based on these considerations and other findings ~hat are summarized in staff's report, staff recommends that the CCPC should forward the petition to the Board of County Commissioners with a recommendation for approval, having the effect of rezoning certain lands from C-4 general commercial to RMF-12 with a density cap of eight units per acre, as described in the recommended ordinance for adoption. Page 11 CHAIRMAN BRUET: Good report, Don. Thanks very much. Any questions of staff? Ms. Tragesser. COMMISSIONER TRAGESSER: Just two. One, what is the potable water source for this whole project? And the second question would be what are the wastewater treatment facilities for this site? MR. MURRAY: Okay. The Port-of-the-Islands development has their own wastewater and water plants which are located north of the highway in that area. Well, it's across U.S. 41. I don't have it on this map. But it's sufficient to say that the letter that we received said they have available capacity to supply for water and wastewater treatment. COMMISSIONER TRAGESSER: So it's all on-site? MR. MURRAY: Yes. COMMISSIONER TRAGESSER: In everything that occurs there in the way of water coming in and water going out? MR. MURRAY: Yes. COMMISSIONER TRAGESSER: Thank you. MR. MURRAY: Any other questions? CHAIRMAN BRUET: Any further questions of staff? Does the petitioner care to address the board? Jeff? MR. PURSE: Good morning. For the record, my name is Jeffrey Purse, Purse Associates, representing Sunset Harbor Club. And in the audience with us today, we do have the o~er that -- who would be available for comment, and also, if needed, Bob Duane of Hole-Montes to speak on issues as relative to the settlement agreement if further questions arise on that. , I would just like to spend a few seconds here outlining the project. As the commission is aware, that is presently C-4, and if I may go over to the maps here, that the existing zoning of c-4 goes from U.S. 41 down to this line right here, as shown on the plan. C-4 allows for a variety of uses, including all the uses in C-I, all the uses in C-2, all the uses in C-~ and of course C-4 which is one of the heaviest. In allowing the C-4 to go to residential, it reduces your traffic, it reduces the demands on the system. Also, too, this drawing, when we came in for the rezone petition, in your package you will see that the site plan is shown on the rezone petition as part of the petition. It's not a blank sheet of paper. It is actually showing you the site plan that will be built. This is part of the packet. We did not have to do that, we chose to do it because we know -- we have spent considerable time planning this site out. So we were confident enough to present it to the board with the site plan as part of the rezone. That site plan is depicted here to show you more graphically that the existing right-of-way for Newport Drive is, I believe, over 100 feet wide. And because there was an existing airport that ran through this property, the existing runway, our property right here at the beginning of it is 60 feet away from the edge of the road. And as you get do~, you'll see that it gets a little bit closer down here. This road here is not really graphically representative, i have another site plan that specifically shows actually where the road is, if the commission would like to see it. I can put it up on the viewer. The -- I have some drawings here that I would give out to the commission if we determine from public input that we need a closer view at the site plan, because they do not have all of the -- the public does not have the actual site plan that was given in your packet. Page 12 At that point, I would like to close my presentation and allow to come back for any public input. CHAIRMAN BRUET: Certainly. Any questions of the petitioner? If not, we'll go to public comment. Those people who are wishing to speak, please line up over on this side of the room and come to the podium. MR. NINO: I have Brian Sheehan and Gerald (sic) McNeil. CHAIR~ BRUET: Would you please state your name, raise your right hand, please -- I'm sorry, you were sworn in Just state your name, please. ' · MR. McNEIL: For the record, my name is Gerard McNeil with Port-of-the-Islands, representing people at Port-of-the-Islands. Why would anyone want to live at Port-of-the-Islands? We're 16 miles from shopping, eight miles from gasoline stations with high prices, 12 miles from a police station, 15 miles from fire and EMT, eight miles to the nearest sandy beach, there is no cable Media One out there, we have our ow~, it's too far for antennas to reach, we won't get the natural gas that's coming down through here, we're 35 miles from the nearest hospital in downtown Naples, there's no aerial mosquito spraying because we're out where the Everglades are, disallowed, and it s However, Port-of-the-Islands is our oasis of modern living in one of the most diverse and protected natural sanctuaries on earth. We have modern municipal type water and sewers to minimize the deleterious effects on the environment, we have manatees, dolphins, alligators seen from our homes on almost a daily basis. We have the only manatee sanctuary in Southwest Florida. We have direct access to the 10 000 Islands and some of the finest fishing in the world. CHAIRMAN BRUET: Sir, I -- excuse me I need to interrupt you for a second. ' MR. McNEIL: Yes. CHAIRMA/~ BRUET: We need to speak specifically to the -- MR. McNEIL: I'm getting to that. CHAIPJ4J%N BRUET: -- issue. A/~d we fully understand and appreciate your point of view, and we all know Port-of-the-Isles, we've all lived here a long time and it is a wonderful place to be, but we need to get to the specifics of this application and how it applies. MR. McNEIL: Okay, will do it. CHAIRMA/~ BRUET: Okay. MR. McNEIL: Port-of-the-Islands will build out to bou= 1 000 1,200 dwelling units when it's completed. It has about 300 plus units right now. It's grown in the last 10 years from about six units when I came there 10 years ago. So we've increased and we will increase to about 1,000 dwelling units. I think there are two types of issues here: One is the legal issue and one is the physical issue. The legal issue is, of course, the development agreement that was made between Port-of-the-Islands and the DCA. It's been said that the way it -- the Land Development Code is written, Port-of-the-Islands has to be developed in accordance with that agreement. And that is in the zoning ordinance. And -- however, there's one slight disagreement in the growth plan. The growth plan has said that the overall residential density and -- overall residential density and commercial intensity does not exceed that permitted under zoning at the time of the adoption of the plan. However, the zoning itself, which is the enforceable part of any ordinance within the community, says that development within Page 13 Port-of-the-Islands shall be regulated by the development agreement and the residential density and commercial intensity shall not exceed that permitted under zoning at the time of adoption of the Collier Growth Management Plan. The word overall is not there. So it means directly that development must take place in accordance with that agreement; must take place in accordance with the zoning in existence at the time in 1985. In 1985, the land was zoned C-4. All of the 300 plus people that have bought here at Port-of-the-Islands have bought into that agreement, and that agreement says that there'll be certain lands developed in accordance with the zoning. So it says with the exception of parcel one, the project has at all times relevant been zoned for (sic}, and the developer intends to develop the mixed use development, including additional residential use, recreational, hotel, convention facilities and related commercial uses. And essentially those are in accordance with the -- with the zoning. Now, the -- it was stated that the density of the development may be less if the density is reduced by Collier County. But if you reduce residential density in a commercial development which does not have any density allowed in it anyway, residential density, you're not reducing it, because you can't reduce something from zero. However, the more important thing is the fact that we have an agreement with 130 people who have input into the legal agreement between DCA and Port-of-the-Islands, and that legal agreement was purchased, recognizing that when we get a build-out of 1,000 units we will have services that will assist us. As I stated in the beginning, the distances from services are tremendous. The providing of services for those 1,000 dwelling units, 2 to 3,000 people, is paramount. By reducing the amount of area available for commercial development until build-out has happened, and we know what the services are necessary to serve those units, it is far too premature to convert any resident -- any commercial land to residential. Without question. Regarding the physical aspects of it, just a few comments. Number one, when we talk about traffic, we're increasing residential traffic on and off the site, by the numbers that were stated by the staff. However, they say that we're reducing the overall trip traffic. That is not true. Because what happens is the trips that are generated by the commercial activity are internally generated trips. They're not external. Who's going to drive 16 miles to come down to Port-of-the-Islands to do a little bit of shopping? That doesn't happen. However, our site trips by the residents of the Port-of-the-Islands will be highly reduced by the services available at Port-of-the-Islands. I won't speak anymore, gentlemen, but I would just like to conclude by saying that I do have and would like to submit to you a petition from Port-of-the-Islands, residents, 140 signatures, which states, "To the Collier County Planning Commission and the Board of County Commissioners regarding the zoning petition R-99-1, we The residents of Port-of-the-Islands oppose and strongly object to the above referenced rezoning petition to change 6.85 acres of land to RMF-12 for the purpose of constructing 52 multi-family units. We feel the land should remain commercial for providing the necessary services to existing and future residents.,, Submit it to the court. CHAIP34AN BRUET: Thank you. Thank you very much Next speaker, please? Page 14 ~pri'i 1, 1999 MR. SHEEFD%N: Good morning, ladies and gentlemen. My name is Brian Sheehan, and I also live out at Port-of-the-Islands, and I think this is a terrific idea. If you look at the map over here on the wall, there is still, I think, enough commercial that will be left. And this looks a lot better to me, living out there than commercial buildings will. ' However, I do have a problem with the situation, and that is that those of us living out there are now paying off a multi million dollar bond for our water and our sewer. And the young woman at the other end of your table out there asked the critical question, is there enough water and sewer. When this whole thing was laid out, each piece of property out there was designed for a certain amount of that water and that sewer. I don't believe that this proposed change has enough water and sewer for the 52 units. However, it is my understanding that another property owned by Mr. Hardy called Stella Maris (phonetic) will not be using all the water and sewer rights that they have. So I would ask that before you agree to this, that he be required to find the water and sewer necessary for these 52 units. I think it would be a simple matter of his requesting that change before the CID to just transfer those rights from one property to another. Thank you. CHAIRM3IN BRUET: Have you -- sir, have you talked to public works, to Ed Ilschner or utilities department about this concern? MR. SHEEHAN: We have discussed -- I have discussed it with the CID, Community Improvement District, which oversees this whole thing. And I don't know whether they're willing to agree to have this change. First of all, I'm not positive how much water and sewer are available from one section to another. I do know that Mr. Hardy -- I believe Mr. Hardy ow~s another piece of property on the north side, which he also might use some of the water and sewer rights to allow this to take place. This bond issue, again, I'm not positive in my numbers. I think it was a nine million dollar bond issue. We still have 10 more years or more to pay off on it. Those of us living out there do not want to be impacted with having to pay for additional water and sewer bond. So I'm in favor of this 100 percent. I think it's an improvement over commercial, but only if he can transfer the water rights and sewer rights from another area that he owns out there. CHAIR~ BRUET: Ron, what authority does the county have over these little private systems? MR. NINO: County doesn't have any authority. It's an independent sewer and water district. ' C~IAIRMu~aN BRUET: Okay. I think we'll have the petitioner address that issue a little bit more. MR. NINO: Yes. CHAIR/~ BRUET: Very good. We'll have the petitioner up before he goes and see if he can get you a little more comfortable, okay? MR. SHEEHAN: Thank you. CHAIRMAN BRUET: Next speaker, please. Jeff, could you address the man's concerns about water and sewer please? Or Bob? Someone? ' MR. PURSE: I would like to have Mr. Tom Barnard come and address the commission. He's quite fluent on the system. (Mr. Barnard was duly sworn.) MR. BARNARD: Good morning, commissioners. For the record, my Page 15 name is Tom Barnard, and I am the former chairman of the Port-of-the-Islands Community Improvement District from 1991 to 1998, and fairly intimately familiar with the operation and the usage of the facilities. The gentleman is correct, that that particular property has the number of ERC's, which are equivalent residential connections assigned to it -- I don't have to give you the litany -- which are set up for commercial development. I can't give you the exact number. In the utility business, when you have a lot of capacity and not a lot of people, the utilities don't function the way they're designed. This utility system is designed for about 1,000 ERC's. Right now it's functioning way below that capacity. The best thing that can happen is for properties to use up the available capacity up to the point where it's designed to be built. No property can get access to the utility, to the water and sewer that doesn't have that capacity to assign it. Other properties owned by the same petitioner do have excess capacity, and it would certainly be within the purview of the board, the improvement district board, to transfer, and not only that, it would be good business to transfer, because if you have capacity that's not going to be used and will never be a paying functioning portion of the Community Improvement District, you want it to be assigned. The other thing that this will do is to give assurance of more people supporting the bond issue paying principal interest on the bonds. That will also have to be addressed when these sites are rezoned, and that again will be up to the improvement district to do. But I can tell you that there are more bond assessment units. And there are two types of assessments in the Community Improvement District. One is the bond assessment, principal interest on the bonds, which the purchasers of the properties participate in. And the other, of course, is the utility portion of it, which is the ERC's. So both of those would be addressed by the board. So the resulting occurrence would be that more people would be paying on the bond issue, which is good for the bonds, and more people would be using the water and sewer system. And I would find it very difficult to believe that the board of the improvement district wouldn't approve any transfer. If you have any questions, I'll De glad to answer them. CHAIRMAN BRUET: Any other questions of the petitioner~ you. · Thank 'Anyone else care to speak to the issue? Were you sworn in, sir? MR. GATTI: No, I wasn't. CHAIRMAN BRUET: Would you please do that. (Mr. Gatti was duly sworn.) CHAIRMAN BRUET: Please state your name. MR. GATTI: My name is Richard Gatti. I live at 104 Newport Cav Port-of-the-Islands for the last 11 years. THE COURT REPORTER: Would you spell your last name please? MR. GATTI: Gatti, G-A-T-T-I. I'm the chairman of the Community Development District there at Port-of-the-Islands. As Tom indicated -- as you probably know, a CID is set up with the same powers more or less that most governments do. We're voted in, have the same authority. The way the structure is now at Port-of-the-Islands is that the CID is responsible for sewer, water and Page 16 April 1, 1999 maintenance of the public right-o[-way, which is not really public right-of-way, but right-of-way for roadway pu~oses. Our concern, the CZD board, o~ course, is sewer and water. ~e've reviewed the number o~ available equivalent residential units, which is 1,032. And I don't speak for the board because we haven't discussed this in detail, but our concern would be the availability of sewer and water, not only for this particular property, but for any future development. So I would ask that -- for your consideration that anything that's approved today be subject to the availability of that sewer and water. With that, I'll be glad to answer any questions you may have. you. CHAIRMAN BRUET: Are there any questions of the pe[itioner? Thank Any other speakers, please~ If not I'll close hearing. · , the public COMMISSIONER OATES: Mr. Chairman, I would move that we submit for approval petition R-99-1, subject to the Community Development District being able to supply the sewer and water as was stated by the chairman COMMISSIONER BUDD: Second. · CHAIRMAN BRUET: There is .a motion by Commissioner Oates, seconded by Commissioner Budd to -- COMMISSIONER TRAGESSER: Mr. Chair, could I make one question the staff before we vote? One of the public speakers made mention of the concern for whether -- if this project is approved, whether it will allow for sufficient commercial -- remaining commercial space to serve that community that's so remote. Do you know what the -- you know, given the approval of this, what acreage will actually remain in existing or available commercial space for that project? MR. NINO: Don, do you know what's the remaining acreage of the commercial? MR. MURRAY: Well, just on this portion -- CHAIRM/LN BRUET: Please come forward and address her comment MR. MURRAy: Yes, I'm sorry. This portion here is approximately I think five or six acres. There is some commercial that runs through this portion of the property, but it's mostly developed, I believe. COMMISSIONER TRAGESSER: So there is remaining commercial property MR. MURRAY: Yes. COMMISSIONER TRAGESSER: -- that could be developed in the size of about -- MR. NINO: If we use our normal rule of thumb, there's five acres of commercial. You could certainly have retail facilities that are equivalent to about one acre. That would be 45,000 square feet of retail. I'm going to suggest to you that 45,000 square feet of retail cannot be supported by 1,000 families. COMMISSIONER TRAGESSER: So there's more than enough MR. NINO: Yes. ' COMMISSIONER TRAGESSER: Thank you. COMMISSIONER URBANIK: I have a question. Do we have a copy of -- I don't think I do, of DCA's agreement~ Does that limit us in any way as to our voting? MS. STUDENT: Again, I've already stated, I notice it's not in the staff report, really, just a passing mention, but there is a provision Page 17 April 1, 1999 in our comp. plan. I see Mr. Weeks is here, i don't know if he s sworn, but he's very familiar with this from long-range planning. And I don't -- I think he's here for something else. But our comp. plan references that settlement agreement, and it appears to me that the settlement agreement sets land uses. And I don't know -- I'm not sure that even policy 5.1 is applicable, because in a matter of construction of the law, the specific controls over the general. And 5.1 is general. And the reference to the settlement agreement for Port-of-the-Islands are specific. But again, this is -- these are things that we're still trying to work out with DCA. But it appears to me that the settlement agreement sets land uses. And the reference to the zoning might reference the then existing performance standards. I believe the settlement agreement was executed in 1985. And that appears to me to be a reasonable interpretation of that agreement. But DCA's been notified about this, too. Because we're -- the county's not a party to this agreement. So we do not know what were all the considerations and all that that went into the agreement, because we're not a party to it and we don't have any backup to it either. My concern is that the comp. plan references that agreement. And, you know, normally if it weren't in the comp. plan, I'd have less of a concern. But it's in there under a specific section dealing with Port-of-the-Islands in our land use designation description section. And that's my concern. So we're trying to straighten all this out before the board. COMMISSIONER PRIDDY: Marjorie, if I understand this correctly, if we approve this today and it goes to DCA and they say no, the settlement agreement says commercial, then it stays commercial. MS. STUDENT: It would go to the board, and then if the DCA had a problem with it, they could appeal it. Also, anybody could challenge the developmental order as being inconsistent with the comp plan in our circuit court. ' A~d also, DCA might have an independent action with the developer. And I don't know if they're trying to pull the county into it as some kind of interference with their agreement or not. But because the agreement is written in nebulous terms, because it's old, that's a problem. And because it's referenced in the comp. plan that's a problem. As your legal counsel, I have to advise you of the risks, and that's what I'm doing. And if you or the Board of County Commissioners chooses to go forward with it knowing those risks, I've done my job COMMISSIONER PRIDDY: Thank you. ' CHAIRMAN BRUET: I think it's in the hands of the petitioner now really whether he wants to go forward with it. COMMISSIONER PRIDDY: Right. CHAIRMAN BRUET: I think we've heard it and we understand the issues that are involved. Thank you. MR. NINO: Let me just add some -- one bi[ of clarification, however. Our position -- staff's position is that the settlement agreement says that the county's zoning ordinance -- zoning regulations -- I mean, to paraphrase this, the county's zoning regulations for Port-of-the-Islands is the master plan. And the question is, does the deviation from some commercial to residential, taking intensity and density in the aggregate, run contrary to the plan? Staff's position Page 18 April 1, 1999 has been unequivocally no, it does not. MS. STUDENT: And I think that's -- CHAIRMAN BRUET: That's why we're hearing this issue. MS. STUDENT: -- that's the question. Because we're not a signatory to that agreement and how it might be interpreted and that's part of the question, so -- CHAIRMAN BRUET: I understand. Thank you. Once again, there's a motion by Commissioner Oates, seconded by Commissioner Budd to approve PUD No. 99-1. All in favor? Opposed? COMMISSIONER URBANIK: Nay. CHAIRMAN BRUET: Motion carries. And I'm going to have to excuse myself, turn the rest of the meeting over to Vice-chairman Budd. (At which time, Chairman Bruet exits the boardroom.) COMMISSIONER BUDD: Next item on the agenda would be item D, petition PUD 83-26(2). This being a public hearing, all those wishing to speak to this issue, please raise your right hand and repeat after the court reporter. (Ail speakers were duly sworn.) COMMISSIONER BUDD: Mr. Nino. MR. NINO: Petition PUD 83-26(2) is a petition to amend the Woodlands PUD, which as you can see by the -- you know, when we use the title 83, that means that this development order was first adopted in 1983. The Woodlands PUD was subsequently revised about a year and a half ago, and this is the third revision to the Woodlands PUD. However, in the process of this amendment, the name will be changed to the Olde Cypress Golf and Country Club. What this amendment asks you to recommend is that in addition to the name change, this petition asks that mini warehouses, personal self-storage facilities, be made a permitted use on the commercial tract. And that commercial tract is located right where my finger is here, and will be the -- there's a road going up here into the PUD and it would be to the west and north of that road. Specifically, the mini warehouse could not front on Immokalee Road, would have to be towards the northwest portion of the northeast portion of the commercial tract. In addition, this petitioner is seeking to add the uses of hotels and motels as a permitted use. So there are three things being done here: Changing the name, adding the use of personal self-storage facilities, and a hotel, and that's it. Staff recommends approval. COMMISSIONER BUDD: An}' questions for our staff? COMMISSIONER PRIDDY: Yeah. Ron, what is normal zoning for self-storage units? I was under the impression we were -- had the meaning industrial. MR. NINO: C-5 -- no, C-5 -- COMMISSIONER PRIDDY: C-5. MR. NINO: C-5 is the zoning district that allows mini warehouses. You know, the -- a good parallel here would be, you recall not long ago the Berkshire Lakes PUD was amended to allow a mini warehouse on the corner -- COMMISSIONER PRIDDY: On Davis. Page 19 MR. NINO: -- of Davis and Santa Barbara. with that issue because they are subject standards. Apr'Ii 1, 1999 And we felt comfortable to the architectural And, you know, we all think about mini warehouses as they were 25 years ago. That whole industry has changed substantially. And given our architectural standards, that use can be made to project itself in no different a manner than any other commercial activity, except that one of the benefits of this is they generate a lot less traffic than a shopping center does. COMMISSIONER PRIDDY: Well, that would lead me to my next question. You know, might we look at that being available in C-47 MR. NINO: That's a matter that if you direct us, we will take a look at that in terms of a subsequent amendment to the Land Development Code. COMMISSIONER PRIDDY: Okay. COMMISSIONER PEDONE: Ron, is -- the access to the mini storage then has to go through the residential development? MR. NINO: No. I wish I had a master plan here. COMMISSIONER PRIDDY: Maybe the petitioner can explain. MR. DUANE: Yes. For the record, Robert Duane, from Hole, Montes and Associates. There's two commercial tracts located on either side of the entrance road. And as Mr. Nino indicated, if there are going to be any mini warehouses developed, they'll be to the rear of the commercial tract abutting the preserve area, and they won't be visible from Immokalee Road. And they'll be sufficiently screened and buffered from the entrance way. COMMISSIONER PRIDDY: And then where does the -- where is the hotel proposed? MR. DUD/gE: The hotel, if it were developed, could develop on any portion of the commercial tract at 16 units per acre. MR. NINO: And on either side of the road. MR. DUD/gE: That is correct -- well, this piece is really not sufficient enough to support a hotel. And I can't guarantee that there's going to be one here, but it's a list -- it's a use that we want to incorporate in the PUD for that eventuality. COMMISSIONER PRIDDY: And in getting -- in gaining approval for the hotel, you're actually giving up some number of residential units through the development. MR. DUANE: No, the residential units, which are the 1,100 that are permitted in the PI/D, would be separate and apart from any motel units that would develop on the commercial tract. But it goes without saying that if you replace motel units at 16 units per acre as opposed to the 13,500 square feet that the ordinance presently permits, there'd be a substantial reduction in intensity and traffic to the tune of several thousand trips per day. If that answers your question, Mr. Priddy. COMMISSIONER PRIDDY: Yeah. And the number of residential dwelling units is about two per acre in the overall? MR. DUANE: It's about 2.2 units per acre in the overall today. There's 500 acres in the development, there's !,100 permitted units. COMMISSIONER PRIDDY: So that's even down from the average of three we're developing at over the last few years, and down from the four that's permitted. MR. DUANE: Correct. In fact, in 1996, the number of units was reduced from 1,460 to 1,100. And the commercial was reduced from Page 20 200,000 to 165,000. COMMISSIONER PRIDDY: MR. DUANE: Thank you. Thank you. In fact, just gratuitously I might add that there's another amendment coming forward for the Woodlands in which we're going to be adding some additional land area with no increase in density. In fact, there'll be a further overall decrease in the density from 2 2 to 2 1 units per acre. · · COMMISSIONER PRIDDY: Do I see another golf course being built? MR. DUA/~E: No, the golf course facility is pretty much as you see it on this plan. Thank you, commissioners. MR. NINO: Actually, the truth of the matter is they really can't put 1,100 units on the amount of residential development they have but COMMISSIONER BUDD: Are there any other questions relative to the staff report? Yes. COMMISSIONER TRAGESSER: Ron, what would be the maximum height that that hotel could be under currently? MR. NINO: It's 50 feet, isn't it, Bob? MR. DUANE: Yes, that's correct. MR. NINO: Which is the current height limitation in that -- in the PUD. No different than the current height limitation in the PUD MR. DUANE: That is correct. ' COMMISSIONER BUDD: Any other questions for Ron? If not, if the petitioner would like to make a presentation. MR. DUANE: No. COMMISSIONER BUDD: You've hit it all? Okay, open up for public comments. Ron do we have any registered speakers? MR. NINO: Yes. We have Kozlowski, Pasco, Roberts, Welborn. COMMISSIONER BUDD: Please state your name for the record. MR. PASCO: My name is Larry Pasco and I live at 11635 Longshore Way East, which is within 300 feet. For the first time since this PUD has been floating around under different names, I've been notified, knd as Ron knows, both myself and other residents who are located in that area are very upset about the fact that they haven't been previously notified. As a matter of fact, there are a minimum of two, and I haven't finished surveying the rest of the folks who have not been notified about this hearing. So having served on a planning board in another state, this just isn't right, and I just don't understand why we continue to have a problem with proper notification. It makes it very, very difficult to come and listen and make sure that things are being done adequately. - I won't go into a long diatribe about the beautiful property and how much is invested and whatnot. We enjoy living there. We do welcome our new neighbors, so that's not a problem. There are three things contained in this, as I read it. They are the following: Personal storage facilities, and I've heard ~hat addressed; motel/hotels, and I've heard that addressed; and then there is something which is somewhat confusing, almost surreptitious, revising certain development standards. I haven't heard anything and I do apologize if I've missed it. I would like it, you know, explained to me what revising certain standards for property -- development standards. And the reason is that we have a significant Page 21 April l, 1999 problem that exists right today. I have complained to the county, I have complained to various departments in the county. I won't bore you, I'll just net it out. I've talked with Ron Nino, who is terrific, by the way, and all of the people I'm going to mention have been absolutely responsive and courteous. I have talked to Tom Cook and, as a matter of fact, one of our residents wrote a letter to Tom explaining a serious concern that he has because his wife has a physical problem, and this I'm going to tell you about is affecting it. And I talked with Barbara Berry, and she is going to get into it and possibly hold a hearing on this. And let me tell you what the problem is. It has to do with development. And that's why I'm concerned about what this says or what I haven't heard today. They're blasting. There is no notification of blasting, no horn goes off, which is part of the ordinance. It's supposed to be checked by a seismograph. It's not clear that the seismograph has been properly calibrated. I personally have talked with the individual who does the ~lasting. He's a very nice guy and I certainly don't want to denigrate anybody, but realistically I'm not sure that he has a clue as to what really is going on. He puts a number down, and that's about it. And there's no real understanding of where we're going with this. This has been explained, as I say, to Clyde Fugate and Tom Cook and Barbara Berry, okay, to list just a few of the people we've talked with. We had a homeowners meeting, a foundation meeting the other night, and I was amazed. I thought it was only the folks who were located on the east side throughout all of Longshore. And the thing that probably concerns me the most is a couple of people have talked about legal action. And in all honesty, my daughter is a lawyer, so I'm not knocking lawyers, but the only ones who win when you have legal action are the attorneys who represent both sides, because they get paid. We really and truly want to have a good situation. That's why we moved there. The blasting is absolutely out of control. The damage is significant. And I do mean significant. Cracks in lanais, things falling off shelves and breaking, insurance companies in some cases have been notified. There is an outside monitoring company who came by at the -- after we started making all these calls. They were very nice. They're from the East Coast. They came by, they said, you know, "We're hired, we're going to check on all of this." Of course, we've never seen them again. What they said, basically, and to me this is an oxyraoron, "Keep track of the damage, and, you know, you know you can always sue and we'll, you know, see where we go from there." That's not what we why we live here and that's not what we would expect. So although the forum for this concern -- this is probably no[ the right forum. And I really appreciate your allowing me to speak, because it would have been very easy for you to say you're out of order, that's not covered here. And by the way, you've got a lot more patience than I had when i sat on a similar kind of a panel, so I honestly do thank you for that. But we need to get it on the record. I am hopeful that notations will be made and sent up the line. I have talked with the representative from Hole-Montes who is not here now. I told him, honestly told him -- excuse me, he is, i apologize, I missed him. I had explained to him that I was going to say this. don't like to blind-side anybody. And the people are great and we Page 22 April 1, 1999 really have had good relationships with them. But somehow, somebody has to respond to this. Because I will tell you, and I am not a doom and gloom individual. I won't bother reading you the letter that I have from one of the residents, and I'll just mention his name. Frank and Monica Grandy. Monica has a physical condition, okay. She has a whosy-whatsy (sic) implanted, and he said that every time one of those blasts go off -- and they have no idea when it's going to go off. This is what the problem is. I mean, it really -- COMMISSIONER BUDD: Sir, you're right, it's probably not relative to the issue at hand and we have been patient -- MR. GATTI: Thank you. COMMISSIONER BUDD: -- but you're pushing it. MR. GATTI: May I just ask you then -- may I just ask you then to get some response as to -- COMMISSIONER BUDD: Yes, sir. MR. GATTI: -- what we're revising, because the blasting is one problem. COMMISSIONER BUDD: We will ask that question. MR. GATTI: What's the next thing that's going to happen. Again, I do appreciate your indulgence. COMMISSIONER BUDD: Thank you, sir. COMMISSIONER PEDONE: If I may say one thing. MR. GATTI: Yes, sir. COMMISSIONER PEDONE: Try the State Fire Marshal's Office. That's who I had to call. MR. GATTI: We haven't called them. COMMISSIONER PEDONE: Try it, then. MR. GATTI: The State Fire Marshal's Office. COMMISSIONER PEDONE: Yes. MR. GATTI: Thank you very much. I do appreciate it. COMMISSIONER BUDD: Thank you. Ron, in regard to the issue of notification, we typically don't have a lot of concern on notification. Do you have any comments on this issue? MR. NINO: None other than it is a recurring problem. It's not one that we can help. We mail out notifications based on the last official assessment roll, and there's always a gap when people buy properties or addresses change. A good percentage of the advertising notices we send out come back to us returned mail, no address. That is a problem. We will always have that problem. But we're following the letter of the law, which is to notify people based on the last official assessment roll. MR. GATTI: Ladies and gentlemen, let me just point out, two residents -- because this I know for a fact -- who are full-time residents who have lived there and are on the assessment rolls do pay taxes, et cetera, et cetera. And I will mention Mr. and Mrs. Walt Kozlowski and Mr. and Mrs. A1 Hoagland absolutely were not notified. Now, this is not a perfect survey. COMMISSIONER BUDD: Thank you. COMMISSIONER TRAGESSER: Mr. Chair? COMMISSIONER BUDD: Yes. COMMISSIONER TRAGESSER: I know we talked about this before, and it may not have been in this group, but when we have a petition that is adjacent to a community where you have a recognized homeowners' association, don't we send it to them as well -- Page 23 April 1, 1999 MR. NINO: Yes, we do. COMMISSIONER TRAGESSER: -- someone on the board? MR. NINO: Yes, we do. COMMISSIONER TRAGESSER: Okay. COMMISSIONER BUDD: Can we get an elaboration on his question regarding revision of development standards? MR. DUANE: Certainly, we can. Robert Duane, for the record, again. The blasting problem I can't solve today, but I would like to tell the commission that I have the pleasure of serving on your Development Services Advisory Board. There is an ordinance that we reviewed last week that is going to reassess all of our blasting procedures, our notification procedures, how we measure those noise levels. That ordinance is going to be before you, Ron, within the next 45 days or so. So I'm not sure that will solve all the problems, but I think county staff realizes we need to revisit our blasting provisions of our current ordinance. With regard to your question, we're making ~- tweaking or making some minor adjustments to some of the development standards in the PUD. The building height is not changing; the number of units are not changing; we're incorporating some provisions for some guest suites which may be attached or detached to the clubhouse; there was a provision in the current ordinance that had a 50-foot setback. This road that's located along the western portion of the property, at one time some of you may have been familiar with, it was going to be a north-south collector road. There are no real plans to extend this road. It's certainly not funded at the present time. I suspect that whoever develops the section to the north of it may use it for access for his development. But it's not going to be the collector road it was always envisioned to go north to conceivably even the Lee County line. We're reducing the setback that used to be 50 feet to 25 feet. That's a generally accepted front yard setback within all of your zoning districts. That is one of the changes that we're making. We're modifying the definition of building height. We're not increasing it, but the way it's measured in the ordinance right now, it was from actually the top of the ceiling, whereas our current ordinance measures it from a center line of a hip and gable roof. And we've basically taken your current definition of building height and put it in at the ordinance, because what was there was antiquated. We eliminated a 25-foot setback from the perimeter in favor of the new setbacks that we've incorporated in each of the districts for the housing types that are incorporated in the ordinance. We've reduced from 750 square feet to 600 square feet the minimum size for multi-family units. That's also currently the minimum standard in the Land Development Code for multi-family units, and that will also be the minimum standard for the guest suites which are either going to be attached or detached to the clubhouse. I can go into more detail, but I've given you general flavor. As Mr. Nino indicated in the staff report, there's -- one of the golf courses is under construction, there's no existing residential development currently in place, so it's our opinion that the changes we're making, this is the time to do it. And I might add, the cjustering was always envisioned in the ordinance when it was initially drafted back in the 1980's, because we have such a large amount of preserve area that we always had to set Page 24 April 1, 1999 aside in this development. So I think the adjustments we're making to setback requirements, whether it be side or front yard, are in keeping with that. And I'll be happy to answer any further questions. COMMISSIONER BUDD: All right. Thank you, sir. We've adjusted the gentlemens' comments. For any future speakers, I hope we establish that the potential code violation issue of blasting on that site is beyond the scope of this hearing in the matters that we're addressing, so we'd prefer not to hear any more comments on blasting, which we can't address anyway. It's been brought up and addressed. Mr. Nino, other speakers from the public? MR. NINO: I named -- you know, I named them, all of them. Welborn, Roberts, Pasco already spoke, Kozlowski. MR. WELBORN: I've sat so long, I'm sort of stiff. My name is Odell Welborn, and I own property right along in here, on this side of it. And the blasting is bad, but that's immaterial. What concerns me about this, they have a bridge here going into the property along Longshore Lake, and then there is another bridge here which goes do%~n a section line here. Now, are they proposing to put another bridge in the middle here to service this so that we have three bridges? And across the street from me -- from this is where the problem is. We have a high school, an elementary school, and we just PUD'd another project for another school right down here. The traffic is going to be horrendous unless we do something. And I would think that they might could use this bridge that come in this way to their hotel -- I have no objection to hotel and motel, I think it's the best use of the land. They ought to put a service station in there, we need one. But I'm concerned about you're going to have three bridges in front of your property. COMMISSIONER BD-DD: Mr. Duane, if you could address that. MR. DUANE: There's three access points that have always been approved as part of this master plan. And there is a canal there, and each access point is going to require a bridge over the canal. I can't solve the traffic problem other than to sa}' fha% we're not proposing any changes to this PUD that increases it. Tc the contrary, the changes we're proposing will reduce traffic. COMMISSIONER BUDD: Very good, thank you. Next speaker, please. MR. KOZLOWSKI: Good morning. I'll try to be brief, and ! will not address the subject of blasting. COMMISSIONER BUDD: Thank you. THE COURT REPORTER: May I have your name, please? MR. KOZLOWSKI: Sure. Walt Kozlowski. I reside at 11811 Longshore Way East, and I am pleased to be looking forward tc having the golf course at Olde Cypress as a neighbor. I have owned the property at Longshore for about seven years. have lived in the home that I built there for almost two years, in all that time, I swear to God, I've paid taxes. And yet, if I had not talked to Mr. Pasco yesterday, I would not know that this hearing was taking place today. I believe you have a serious problem that needs to be addressed, and I'm sure you all share that concern. I thought I heard someone sa}, that notices go to a property owners' association, if such exist. I would at this time carefully challenge that statement. I am a member of the board of the Longshore Lake Property Owners Association, albeit fairly newly elected. But this is the kind of thing that a new Page 25 director would certainly learn about, and yet I have heard nothing about this meeting today. So if nothing else, I leave here with the hope that you'll improve the notification process so we can come and hear what's going on and contribute our two cents. Thank you. COMMISSIONER BUDD: Thank you for your comments. Next speaker, please? If there are no further speakers, we'll close the public hearing. Do we have a motion? COMMISSIONER TRAGESSER: I have a question, first. COMMISSIONER BUDD: Sure. COMMISSIONER TRAGESSER: Mr. Duane, we had a rather length}, discussion about the right-of-way that exists for Olde Cypress Boulevard, I believe it's called, that runs along the perimeter of your property at a previous Planning Commission meeting. MR. DUANE: Was that for a preliminary subdivision plat? COMMISSIONER TRAGESSER: Uh-huh. And during that we talked about the potential for that roadway out into the future becoming a primary roadway. I don't know what -- maybe even an arterial. And I know that the property line really hugs the folks up at Longshore Lake. And if -- some of the things you mentioned about your development plans kind of gave me the impression that this project is going to do the same thing; in other words, it's going to come right up to the right-of-way. So that -- if you all view this project with the idea that that roadway won't never be anything more than perhaps serving the next property owner to the north in their access and continue your development plans with that thought in mind, then out in the future where are we going to be if we need more right-of-way to build an arterial road? MR. DUANE: Well, as I spoke earlier, and I believe Mr. Kant will concur, there are no funded improvements to extend, and I believe you're referring to the extension of Logan Boulevard -- COMMISSIONER TRAGESSER: Uh-huh. MR. DUANE: -- you know, in a north-south direction along this property. Right now it's -- we're designing two lanes of it. I presume it will be extended north for two lanes. Four-laning that would require a significant amount of traffic to be handled through this project and through the section to the north of us. And there are no plans that I'm aware of underway to make this an arterial roadway. And more directly, if the county needed additional right-cf-way, then they would have to condemn that right-of-way from our project. But that has not been raised at an issue (sic), and neither the changes that were made to this development in '96 or even in the preliminary subdivision plat that was brought forward to you recently. As you can see, we have a clubhOuse site along the western edge of our development. We've got two golf holes, we've got a lake, we've got another golf hole, we've got a lake. And really, the only portions of the tracts that abut this roadway are tract seven here and tract eight. A/Td we do have a maintenance facility and some tennis courts going in on these two small tracts adjacent to the entrance road. It's not a significant amount of development that's taking place along this perimeter, but I've just outlined the uses for you. And I can't do any more than describe the uses that are on the plan. It's principally lakes and golf holes at the present time, with the exception of the maintenance building, golf course and the edges of these two tracts here. Page 26 COMMISSIONER TRAGESSER: And the clubhouse, you mentioned something about maybe having some residential -- MR. DUD/gE: There are provisions in the ordinance to -- they're referred to as guest suites. They could be either attached or detached to the clubhouse. They would be for residents of Olde Cypress. When their guests came, they would be exclusively for their use. They would come out of the total number of dwelling units that are permitted in the project. Their height is limited to 35 feet, and there's some other incidental standards in the ordinance for those also. MR. NINO: With respect to that road, you'll recall, I believe, at the preliminary subdivision plat hearing, I advised you that the board -- the board was very deliberate in dealing with the Woodward PUD about a year and a half ago, and basically said we're not going to let that become an arterial road, and directed that only 60 feet of right-of-way would be made available. So, you know, if the county's ever going to change their position in the number of years, it's going to cost somebody a lot of money, because there's not going to be the right-of-way. And that is a statement -- basically a statement that's tantamount to saying we don't need or want an arterial road in that location. COMMISSIONER BUDD: Any further -- COMMISSIONER OATES: Mr. Chairman, I would move we submit recommendation of approval of PUD-83-26(2). COMMISSIONER PEDONE: Second. COMMISSIONER BUDD: Motion by Mr. Oates, second by Mr. Pedone. Any discussion? Ail those in favor, signify by saying aye. Those opposed? COMMISSIONER TRAGESSER: Aye. COMMISSIONER BUDD: Motion carries -- I'm sorry, the motion carries, one in opposition. Next agenda item, E, petition PUD-98-19. This being a public hearing, all those wishing to speak to this issue, please raise your -- stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) MS. MURRAY: Susan Murray, current planning. The subject property is commonly known as Boyne South, and it's located on the south side of the East Trail. It's currently developed with an existing golf driving range, a golf course and scattered single-family residential. The project was originally platted in 1975, so it's been around for awhile. The petitioner is requesting to rezone a 242.3 acre aggregation of some of the property within this development, which is currently zoned golf course, C-3, agriculture, RSF-3, and they would like to rezone all those properties to PUD. The petitioner intends to create a unified development, which would be comprised of a mixture of single-family and multiple family residential land uses, a hotel/motel, a golf course and a golf driving range. The existing map that I have up on the visualizer shows the existing zoning as it lays out. The bright green area is the existing golf course zoned GC for golf course. These darker green areas, the one I'm pointing to now, is currently zoned agriculture. And it's developed with an existing golf driving range. And then to the south along the south side is also zoned agriculture. The yellow areas are Page 27 April 1, 1999 zoned RSF-3. The red area is zoned -- currently zoned C-B for commercial, and it's currently undeveloped. Upon a rezoning to PUD, all of the areas in purple would be zoned PUD. The areas in white would be excluded. They are primarily excluded because they are either already developed or they are not under the ownership of the petitioner. Access to the site will be from an existing driveway located off of U.S. 41, which is between the golf driving range and the commercial tract. The PUD master plan also indicates that an additional driveway entrance will be located from U.S. 41, leading to tract E, which is further to the south and east. It's right about there. The subject property is currently designated rural agricultural on the future land use map. Previously the sites RSF-3 and golf course zoning district was determined to be consistent with the county's zoning reevaluation program and policy 3.1K of the Future Land Use Element. The C-3 tract was recently granted an exemption, based on the provision of the Zoning Reevaluation Ordinance in 1998; therefore, it is also consistent with the Future Land Use Element. Changes to the existing zoning, which were previously found consistent with this ERO, are governed by policy 5.1 of the Future Land Use Element. However, I need to point out that the presently effective policy 5.1 only allows changes to prior vested zoning if the current zoning is in the form of a PUD, which is not the case with the subject site. However, the revised policy, 5.1, when it becomes legally effective, will allow changes to be made to prior zoning other than PUD, provided the current zoning on-site is consistent with the Growth Management Plan, which, as I just previously described 'to you, is the case. So until the revised policy 5.1 becomes legally effective, the uses allowed by the zoning in effect at the time of application for a rezoning to PUD shall remain in effect. Through the PUD rezone, the petitioner is proposing some changes. Specifically, the petitioner proposes to convert the current 6.69 acre C-3 zoned parcel to reduce the area eligible for commercial development to four acres and to restrict development on that four-acre site to a 64-unit hotel/motel use. The remaining 2.69 acres will be developed for recreational and open space use to serve the hotel and residents of the project. The density rating system within the Future Land Use Element allows a density bonus of up to 16 dwelling units per acre of land to be converted from commercial to residential land use. The petitioner is proposing to transfer to other parts of the project a density bonus of 10 dwelling units per acre from the remaining 2.69 acres for a total of 27 dwelling units. However, because the property is located outside the urban area, the Future Land Use Element says that the density rating system does not apply. But since the Growth Management Plan fails to provide guidance regarding the conversion of commercial zoning to properties for which the density rating system is not applicable, the petitioner purports, and staff will agree in this case, that the only applicable section in Growth Management Plan which describes the scenario is found within the density rating system and should apply in this case. The bottom line is this: That upon a rezoning to PUD and at such time as Ordinance 97-67 becomes legally effective, the PUD zoning district will allow development of a maximum of 154 single-family and Page 28 April 1, 1999 multi-family dwelling units at a gross density of 1.57 dwelling units an acre, development of a 64-unit hotel/motel on four acres of land adjacent to U.S. 41, a 2.67 open space recreation tract adjacent to the hotel, and an existing golf course and golf driving range. I will point out that the petitioner did provide a traffic analysis, which reveals that the overall intensity of the development will be significantly decreased, mostly as a result of converting the 2.69 acres of commercial land use and restricting the remaining commercial land use to a hotel/motel use. Specifically, converting that acreage and transferring the 27 dwelling units will result in a trip reduction of 2,371 daily trips from the existing zoning scenario. If you have any questions, I'd be happy to answer. COMMISSIONER BUDD: Any questions? Petitioner? MR. DUANE: Yes. For the record, Robert Duane from Hole, Montes and Associates. I want to thank Susan. Her staff report was very thorough, as usual. This is a complicated case, and I'm not going to try to make it any more so other than to represent to you that this is a better plan than exists today, and I will be happy to answer anv questions that you may have. COMMISSIONER PRIDDY: Bob, I can only assume that since you all are willing to agree to the use for a 64-room hotel, that upon approval of all this, we're going to see construction. Is that kind of a MR. DUANE: Well, my client is not here today, but the Bo]ne South U.S.A. group, which owns resorts all over the country, has been trying to breathe some new life into this project for the last few years. We're trying to upgrade the infrastructure, the roads, the drainage. This is just a small piece of trying to upgrade that. To answer your question more specifically, the hotel/motel is going to be something that is going to have a direct nexus between the operation of the golf course. Their hope is that people, guests and residents, can have a place to stay. That doesn't mean that someone from the public can't stay there. But Ms. Priang (phonetic), who is my client, that's her long-term plan. The other commercial uses were of no real consequence to her. D~nd transferring the 27 units to the rear of the project, which frankly has never been quite marketable because those single-family units to the rear, they don't front on a golf course, there's never been any real appeal to them, developing them, and duplexes or triplexes is -- might breathe some of that new life intc the development. And that's the best I can answer your question. COMMISSIONER URBANIK: I have a question. COMMISSIONER BUDD: Yes, Ms. Urbanik. COMMISSIONER URBANIK: It says here there's a small portion cf the property that is zoned for MH, mobile home. MR. DUA/~E: No, that would be the adjacent properts* located -- COMMISSIONER URBANIK: Southwest? MR. DUANE: -- to the west, that is correct. COMMISSIONER URBANIK: They don't use any of the roads that would be within your property? MR. DUANE: No, there's no access right now. COMMISSIONER BUDD: Any further questions? Is there anyone from the public that wishes to address this issue? There being no MR. NINO: There are no registered speakers. Page 29 April 1, 1999 COMMISSIONER BUDD: There being none, we close the public hearing. Do we have a motion? COMMISSIONER PEDONE: I'll make a motion that we forward Petition No. PUD 98-19, Bo!me South, with a recommendation for approval COMMISSIONER URBANIK: Second. ' COMMISSIONER BUDD: Motion by Commissioner Pedone, seconded by Commissioner Urbanik. Any further discussion? All those in favor, signify by saying aye. Those opposed7 (No response.) COMMISSIONER BUDD: Motion carries. COMMISSIONER PRIDDY: We're not getting much variety today in the way of consultants. MR. NINO: No kidding. COMMISSIONER OATES: This is Bob's week. COMMISSIONER BUDD: Okay. Item F was continued. Item G, Petition PUD 93-1(4). Mr. Nino? COMMISSIONER OATES: Mr. Chairman, since I am a member of the community development district of Pelican Marsh Community Development District, I have contacted the attorney's office, the County Attorney's Office, and it is their opinion that I do not have a conflict of interest in this particular issue. COMMISSIONER BUDD: Okay. MS. STUDENT: That's correct. COMMISSIONER BUDD: This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) COMMISSIONER BUDD: Mr. Nino. MR. NINO: With your indulgence, I'd like to deal with the petition, both petitions, the PUD amendment and the development order amendment together. This petition seeks to amend the Pelican Marsh planned unit development document and the development order. The changes to the PUD are as follows: Would add special regulation for boundary and project signage; would provide for 50 dwelling units, which may function as an adjunct to the golf course for rental purposes by the day, week, month or other rental periods. However, it does not -- they are not -- they are counted. Those 50 dwelling units are counted within the total authorized dwelling units for Pelican Marsh of 5,100 units. This amendment would -- my map. This amendment would add 57,500 square feet of gross floor area, while decreasing office space by 25,000 square feet, and increases the hotel rooms by 50 units. That's in addition to the residential units I talked about. The activity center, as you know, is in the -- located in the northwest corner of Vanderbilt Beach Road and Airport Road. That boundary will not change. It simply will be a more intensification of the commercial development that would go within that same boundary. If you looked at your development order amendment, the table that was in there, you'll find that really this increase nevertheless doesn't come anywhere near restoring what Pelican Marsh were authorized to do when they were first approved. So that in essence, this seeks to get back a piece of the pie that they gave away on the first amendment to the original Pelican Marsh PUD and development order. And lastly, it revises the way we determine the appropriate access Page 30 April 1 1999 points to the northwest activity center by basically -- the original -- the current regulation refers to a map 11, and the amendment would strike all of that through, because map 11 was really never made a part of the PUD to begin with. And it simply says that access points will be determined at site development plan approval stage by staff with the approval of staff. ' So it gives us sole discretion to deal with the issue of access points and how they line up with their counterparts on the opposite side of the street. And certainly Mr. Kant felt that that was a far better solution to the issue. In summary, obviously all of these changes are consistent with the Growth Management Plan. There's --' these are really simply internal changes. The 50 hotel rooms applies only to the day rooms -- or the residential units that would function as rental units can only occur to the east of Airport Road in the vicinity of the Tiburon Golf Course and the hotel. That was a concern of people that called our office and, you know, wanted to know where the geographic area of that change would occur. There aren't any residences currently to the east of Airport Road, so that certainly buyers would be fully aware of the fact that there are some units there that function like a hotel unit. We've had a response from both the Regional Planning Council and the Department of Community Affairs, and they have advised us that in their opinion these changes are relatively insignificant tc the development order, and insofar as the DCA is concerned, will ncr. be attending any public hearing, which is a statemen[ that's tantamount to saying we're not going to be concerned about it. We recommend these changes to you. We received no letters of opposition. We got a lot of phone calls; nevertheless nc letters of opposition were generated. ' I handed out to you a letter from the Naples/Collier County Metropolitan Planning Organization, signed by Sall}, Barker, indicating some concerns -- well, no, this had to do with sidewalks T~'s not related. ' I have a letter from Philip J. McCabe that was sent to Commissioner Carter that unfortunately I didn't make available to but let me read it. It's a letter that says, "i am in receipt cf a letter from the County Planning Services, soliciting my review of a request by the developers of new hotels." It goes on to say -- I'm not going to read it all. He's concerned about -- I would also -- I would ask the Planning Commission -- the Planning Department of the county of the County Commissioners to consider a policy that would require all developers doing business in our community to not only pay the proper impact fees for schools, roads, et cetera, but also share the burden of beautification of our community, such as median landscaping. I would have to ask the planners if the medians at Airport and Vanderbilt are designed to be landscaped, and if not, why not. So it's really a call by Philip McCabe of Gulf Coast Commercial Corporation, suggesting that Pelican Marsh ought ~o assist in the beautification of the medians. With that, we would recommend your approval of the amendmenss to the Pelican Marsh PLrD, and the amendment to the Pelican Marsh development order. COMMISSIONER BUDD: Any questions for Mr. Nino? If not, can we Page 31 April 1, 1999 hear from the petitioner? MR. VARNADOE: For the record, George Varnadoe, representing WCI, limited partnership. Also here today, Alan Reynolds of Wilson, Miller, Barton and Peek. If you have any questions -- I think Mr. Nino has given you a good overview. These are some minor adjustments internal to the Pelican Bay Marsh. I think the one thing I do want to clear up is that in the activity centers, an activity center obviously on both the northeast, northwest quadrant of the roads, there has been some minor adjustment to the acreage on the northwest quadrant and the northeast quadrant. The acreage then remains the same, but there has been some shifting internally. I think that, you know, we're changing some sign regulations. This project has frontage on five major roads, including Livingston Road, when it gets built. And they want to do some monument signs at the corners of each one of those we worked out with staff. You heard about the additional of~ hotel rooms, the use of some residential in conjunction with the hotel for shorter -- longer stays in a hotel, but shorter than we would normally allow under our multi-family. The other adjustments I think are pretty pro forma. We're reducing medical office by about 25,000 square feet, increasing retail by 50,000 square feet. Actually, it's about 57,500 gross floor, trying to get a leasable area of 50,000 square feet; hence the differences in there. Ron pointed out that overall, still a mass reduction from what was approved earlier in 1994. Unless you have any questions, that's all we have to present. COMMISSIONER BI/DD: kny questions for the petitioner? Are there any speakers from the public, Ron? MR. NINO: Yes, there are. Larry Halpin -- Rigopulos, Guarino and Halpin. COMMISSIONER BIIDD: Please state your name for the record. MR. GUARINO: I'm Roger Guarino, a representative of the Pelican Marsh Owners Association, and also an owner and resident of the Pelican Marsh, how shall I say, residential community. That is that part of the Pb'D which today east of -- no, I'm sorry, west of Airport Road is basically where the only residents are at the moment. I should also point out, Mr. Halpin had to leave. He whispered to me that he was going to a four and a half million dollar real estate deal, and I don't know why he felt that was more important than speaking as president of the Pelican Marsh Owners Association but so be it. ' I want to address what is essentially an economic issue; that is to say, an economic issue to the current residential owners of Pelican Marsh. On possibly three occasions, at least two occasions, I'm not sure of this, WCI has petitioned and has succeeded in changing the original status of the PUD with respect to residential parcels by changing a number of residential parcels to commercial. And you might say well, you know, how does that affect us? The reason it affects us, in pure economic terms -- and you must understand that every time that you approve a change from commercial -- I beg your pardon, from residential to commercial, you are affecting assessments of every residential owner currently in Pelican Marsh. Specifically what that means is that there is an intermediate level organization called the Pelican Marsh Foundation. The operations of the foundation which address certain amenities of the Pelican Marsh Page 32 Aprff 1, 1999 community west of Airport Road is funded by the owners on an annual assessment basis. When owners came into Pelican Marsh two to three years ago, they were told at that point in time that the numbers of residences to be built in that area, in that community, approximated, if I recall the numbers, 2,700 to 2,800. Well, if you put the total cost as the numerator and you draw the line and you put 2,800, you come out to an annual assessment to each residential owner. Unfortunately, today at build-out we're talking about nominally 2,000. I think the actual owner count as we speak is in the range of 1,600 to 1,700. But we're now talking at build-out of about 2,000 residential owners. That's because you folks have approved changes from residential to commercial. As far as I understand it, to get to the point and to get out of your hair, I am reading into this particular item that there is a certain parcel K in the northwest corner of the Vanderbilt/Airport intersection. That certain parcel K, I believe, is in the range of 15 acres, implying something like 100 to 120 residences. It is classified as of today -- or as of yesterday as residential. That parcel in here, you are being asked to change that to commercial. I don't know if I can stop you, but I just want you to know that when you approve it, you are changing m}' assessment and the assessment of every person in Pelican Marsh. Thank you. COMMISSIONER BUDD: Any other speakers? MR. NINO: Rigopulos. MS. RIGOPULOS: Hi. COMMISSIONER BUDD: If you'd state your name for the record, please. MS. RIGOPULOS: Gloria Rigopulos. COMMISSIONER BUDD: And spell it for the court reporter. MS. RIGOPULOS: I'm sorry? COMMISSIONER BUDD: Spell it for the court reporter, please? Spell your name. MS. RIGOPULOS: R-I-G-O-P-U-L-O-S. COMMISSIONER BUDD: Thank you. MS. RIGOPULOS: I'm currently an officer of the Pelican Marsh Owners Association, which was recently incorporated, to represent the owners in an attempt to try to bring some reason to WCI with regard to the owners. I purchased my property in Pelican Marsh almost five years ago, preconstruction. I was the third resident, I think, of Pelican Marsh when it was owned by Westinghouse. COMMISSIONER BITDD: Excuse me, ma'am, were you sworn in at the beginning of the -- okay. MS. RIGOPULOS: When it was owned by Westinghouse. At that time I was given a copy of the original PUD which said that -- we were told it was going to be a sister community to Pelican Bay. It would comprise of 5,600 units, as opposed to 2,800, because Mr. Guarino bought a little bit later than I did. We all know when you go for PUD, you go for the maximum number of units, and that it will probably go down. However, to go down from 5,600 to under 2,000 is an appreciable change in the whole complexion of the community. Mr. Hoffman and the new owners of WCI obviously have a different plan than Westinghouse had. In effect, they've divided the PUD in half down Airport Road, named the other half Tiburon, although they're still using the Pelican Marsh name because the owners have basically Page 33 April 1, 1999 established that name by buying there, but they're using it on the other half of the road where we basically are going to be -- told it's going to be gated. And Pelican Marsh residents -- and we call ourselves Pelican Marsh -- will have no access to that side of the road. It's going to be a gated community. It's going to be separate and divided. We have nothing to do, we have no use of facilities over there, we're not welcome over there. But the -- unfortunately -- because the way a PUD is done, as far as the county's concerned, it is one PUD, unfortunately is now two totally separate communities. So when they talk about taking land from one part of the PLrD and making it up because they've given it up here and given it up there, that's not true, because they're two totally separate entities at this stage of the game. And I wish there was some way the county could divide a PUD, or when you're looking at giving up property over here for over here in the same Pb~D, you're not. You're moving it from one community to another community. And I don't know how you deal with that, but there should be a way to realize that not only are we now being impacted by the fact that we're dealing with the expenses of what was supposed to be a large community now on fewer residents. D~nd parcel K, the CDD in this year's budget, was still budgeting for 160 units in parcel K. That's the way they calculated the CDD assessments. When they calculated ours for this year, they had already eliminated parcel K and did not use that in the denominator long before they came to this meeting and requested that it be changed. When they did last year's budget in November, they had already eliminated parcel K from the denominator, which I don't think quite is how they should have done it. They should have come to the commission at least first and allowed you to vote on whether they could do that before they already had eliminated that number from our denominator. Our costs are escalating. We now as residents control 90 percent -- residents or sub developers control 90 percent of the land, WCA still controls 100 percent of the board. Now, I know a lot of these things really aren't county issues -~ commissioner issues, but really, they are. Because unfortunately, we're not the only ones who developers are controlling where we're really not even living a democracy any~nore. We're living an autocracy, with developer controlled properties doing whatever they want to do. And I think at some point this board has to look at the fact that the voters in this area of the county are really, really being taken. And developers should not be controlling the way things work on this board, but the voters should be listened to. I don't know how you deal with that, but I think you've got to think about it at some point. COM2~ISSIONER BUDD: Okay, thank you. Are there any other speakers? MR. NINO: No, there aren't. COMMISSIONER BUDD: There being no other speakers, we'll close the public hearing. Are there any questions, or do we have a motion? MR. NINO: I think that those questions deserve some response. I'm confused by the suggestion that there's only going to be 2,000 units of housing in Pelican Marsh. To my knowledge, that's not true. It was only recent I asked a member of that firm what they expected their build-out to be, and it was a heck of a lot more than 2,000 units. ~d the 80 acres, there's always been 80 acres of land zoned commercial in Pelican Marsh, and there's 80 acres zoned commercial Page 34 Apri~ 1999 today. So there's been no increase in the amount of commercial development authorized for Pelican Marsh, nor any decrease. MS. RIGOPULOS: If I can answer that. That's what I was -- the point I was trying to make is -- COMMISSIONER BUDD: Excuse me, I'm sorry, the public hearing is closed, so the opportunity for dialogue is passed. MS. RIGOPULOS: Oh, I'm sorry. I was going to answer his question. That's probably two separate things. COMMISSIONER BUDD: Any other comments on the issues raised, Ron? MR. NINO: No. COMMISSIONER BUDD: Any comments or questions by the board? COMMISSIONER PRIDDY: I just would have a question. When residentials moved and commercial comes in, does the commercial part of that not pay towards the common areas at all? MR. NINO: I couldn't answer that question. I don't know what's in the Pelican Marsh -- MS. RIGOPULOS: I can answer that. COMMISSIONER PRIDDY: George or A1 -- Al, you haven't said anything this morning. You want to get on the record so you can send a bill? MR. VAR/~A/DOE: For the record, George Varnadoe. In response to your question, Mr. Priddy, I don't have any idea how their foundation is set up. Let me try to get this straight. Pelican Marsh is still zoned for 5,100 dwelling units. The developer's always had the right to assign those dwelling units wherever he wants to on any part of that property within the Pelican Marsh project. Ron's right, there was 80 acres commercial, there's still 80 commercial. There's been a reduction of 1.9 acres of residential uses acreage as a result of these changes. There's also been increase of conservation over space of over 20 acres. So nothing really has changed. I mean, I understand that people have an issue with their assessments, but it's the first time I've really been criticized for dow~n-zoning projects. And when we were -- the county was embarked on this very expensive and long-ranging project to reduce density in the county. So I think if they've got an issue with the developer, they're in the wrong forum. That's why we have a court system. This -- you guys are involved in land use decisions, not financial decisions. And so I'd respectfully request you stick to our issues and let them take that up with the developer. I unfortunately do not represent the developer with regard to the foundations, so I don't know how it's set up, Mr Priddy. · COMMISSIONER BUDD: Thank you. Any other questions or comment? If we could have a motion and break these issues up separately for two separate motions. COMMISSIONER PRIDDY: I would move that we recommend for approval PUD-93-1(4) for approval. COMMISSIONER PEDONE: Second. COMMISSIONER BUDD: We have a motion by Mr. Priddy, second by Mr Pedone. Any discussion? ~ ' There being none, all these in favor, signify by saying aye. Those opposed? (No response.) COMMISSIONER BI/DD: Motion carries. On the second item at hand, do we have a motion? Page 35 I 2 !] April 1, 1999 COMMISSIONER PRIDDY: I would move that we recommend for approval DOA-99-1, with a recommendation of approval. COMMISSIONER URBANIK: Second. COMMISSIONER BUDD: Second by -- excuse me, first a motion by Mr. Priddy, a second by Commissioner Urbanik. Any discussion? There being none, all these in favor, signify by saying aye Those opposed? (No response.) COMMISSIONER BUDD: Motion carries. The last item on our agenda today was item B, which was moved to the bottom of the agenda schedule. COMMISSIONER PRIDDY: Would you gentleman like to save another tree or two and recycle these packets? COMMISSIONER BUDD: This being a public hearing, all those that wish to address this particular issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) MR. BADA/~TCHIAN: Good morning, commissioners. Chahram Badamtchian from planning services staff. Mr. James McVey, representing Park Central Developers of Naples, is requesting a 14.5 foot variance from the required setback of 15 feet established for signs to 0.5 feet along YMCA Road, and a 10-foot variance from the required setback of 15 established for signs to five feet along Airport Road. He is requesting this variance for a small ground sign. Basically that's -- this is the sign. Staff has a problem with this, because there is no land-related hardship. There is no hardship with this request. They are saying that if sign moved comply with the setback requirement (sic), it would be too close to the building and will be too tall. Too tall, I don't understand. Too close to the building, the setback for the building is 25 feet, and the setback for the sign is 15. Therefore, it would have 10 foot separation between those two. Knowing that the YMCA Road is a deadend road, and also, there's a canal between the sign and the Airport Road, staff would have looked at this variance differently if the request wasn't for a 14 and a half foot variance but was for five or even 10 foot variance. However, staff cannot recommend approval of the variance as requested Staff recommends denial. COMMISSIONER BUDD: Any questions for the staff? COMMISSIONER OATES: Only that I wish we had our sign expert here. COMMISSIONER BUDD: Yeah. If not, if we could hear from the petitioner. MR. ANDREA: Good morning. My name is Christian Andrea with Architectural Land Design. To give you a little bit of history here, the sign that is currently placed was improperly placed, and as indicated far too close to the road. ' I've brought along some support photographs that might help better iljustrate the area. But what has basically happened is there's a drainage swale directly behind the sign that's inhibiting how far back we can place it, is one issue. The second issue, trying to make the sign fit and comply with the setback of 15 feet ends up placing the sign within about 10 feet of the building. That again is encumbering the swale area, as well as the roof overhang from the buildings, and the developer is trying to get enough landscape behind that to make that work. Page 36 April''l, 1999 The request is for a .5 foot or six-inch setback on one property line, and I believe it was five foot on the other property line. think any opportunity for any d]ustment to that would also be a ' considered on our part, if that is acceptable to bring that up. So what we had proposed so far is where we thought it works best. And if I could submit some photographs to show. COMMISSIONER PRIDDY: We will need to keep any photographs we get and pass along to the board. COMMISSIONER BUDD: Anything you give to us, we keep. COMMISSIONER OATES: My comment, Mr. Chairman, it just seems like 14 and a half feet of a 15-foot variance is just absolutely ridiculous. I mean, a compromise might be okay, but to me, six inches, I mean, you know, they want 14 and a half feet and they want to leave us six inches? It's just not right. MR. ANDREA: Let me point out, there's obviously a solution here that can be done. The swale could be culverted, piped, and we could try to end up doing a sign on top of that. It just brings a lot of cost to the project. So again, there's -- whatever opportunities there are, we're trying to find out what our limits can be, and if there is any ability to try to keep the sign a little farther away from the building without creating too much of a hardship in that drainage area. The one large aerial photograph probably shows the drainage area best. COMMISSIONER PRIDDY: I, tco, can't -- could not support the request as made, so my suggestion would be to come up with a compromise quickly. Building over a culvert and some portion of that I could support, but not all of it. MR. ANDREA: I brought an alternative sketch too, if it's appropriate. I'm not sure -- COMMISSIONER BUDD: Yes, please. MR. A/W-DREA: -- if it's appropriate to bring an alternative setback condition. Done a little sketch here that basically shows a five-foot encroachment into the 15-foot setback, so that way we'd be 10 feet back of each lot line. We would have to reconfigure the swale and culvert it and do those kind of things. And seeing if that would be an opportunity or if that would be something that would be doable. I'm sorry, I didn't get a chance to make a lot of copies of those. The setback is indicated in red, if that is reading as red -- ! can't quite tell -- as a 15-foot. And you can see the rock area that's shown on there is where the drainage swale currently exists. So with some creative bulldozer work and/or a pipe, we might be able to make that scenario work. COM~4ISSIONER OATES: I'm sorry, I didn't get },our name. MR. ANDREA: Christian Andrea. COMMISSIONER OATES: Andrea. I could support maybe 10 -- I mean, a setback of 10 feet. That doesn't seem to be as harmful to me. In other words, if you have you're using -- you want a five-foot variance. That seems somewhat reasonable to me. But the six inches is -- COMMISSIONER PRIDDY: Yeah, I can buy into your alternate concept here. Okay? COMMISSIONER BUDD: Okay. Sounds like we have a dea'! at hand, Mr. Badamtchian. MR. BADAMTCHIAN: I think staff don't have any problem with what's Page 37 April 1, i9 requested. Knowing that it's a deadend road anyways. And we don't have much traffic there. The sign's not going to block anybody's view. Staff would recommend approval as requested -- as amended. COMMISSIONER BUDD: Is there anyone else from the public to address this issue? There being none, we close the public hearing. Do we have a motion? COMMISSIONER PRIDDY: Mr. Chairman, I move that we recommend for approval SV~99-!, with a -- changing the request to five feet from the 14.5. COMMISSIONER BUDD: And a second? COMMISSIONER OATES: Pardon me, still a 10 feet -- a five-foot variance. COMMISSIONER PRIDDY: A five foot variance. COMMISSIONER OATES: Okay, I'll second it. MR. BADAMTCHIAN: My I interject something? COMMISSIONER OATES: Oh, sure. MR. BADAMTCHIAN: You are saying five foot variance along YMCA Road and a five-foot variance along Airport Road, correct? COMMISSIONER OATES: Right. That's what they -- they've requested five feet. MR. BADAMTCHIAN: No, they requested 10 foot along Airport Road and 14 and a half along YMCA Road. COMMISSIONER OATES: I'd like to see it personally five both places. MR. BADAMTCHIAN: Five and five. COMMISSIONER BUDD: Okay. So the motion is five foot variance in both directions. Motion and second. Any further discussion? There being none, all those in favor, signify by saying aye. Opposed? (No response.) COMMISSIONER BUDD: Motion carries. MR. ANDREA: Thank you. COMMISSIONER BUDD: There being no further items on our agenda, there's no reason to hang around. MR. NINO: Might I just for the record point out under new business that you -- a copy of a letter that I sent to Lee County on March the 18th, I've not had any response from them. And the MPO letter from Sally Barker. For your information. COMMISSIONER BUDD: Very good. Our meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:45 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL J. BRUET, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 38 April 15, 1999 ~AY 1 8 1999 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, April 15, 1999 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Michael J. Bruet Russell A. Budd Michael A. Davis Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik Gary Wrage Ron Nino, Current Planning Manager Marjorie M. Student, Assistant County Attorney t/,isc. Date: Item,~ Page I AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 15. 1999 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER., 3301 TAMiAMI TRAIL EAST, NAPLES, FLORIDA: NOTE'. INDFVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTI'ED I0 ~ TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISl-mqo TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN 'rite CCI~ AGENDA PACKETS MUST SUBMIT SAI~ MATERIAL A ~ OF 3 WEEKS PRIOR TO THE RESPE~ ?UBLIC HTe, ARING. IN ANY CASE, WRITTEN MATERIALS ~ED TO BE CONSIDER~I'~ BY TI~ CCPC SHALL BE SUBMI'ITED TO TIlE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO TI-IE PUBLIC HEARING. ALL MATERIAL USED ?RESENTATIONS BEFORE TIlE CCPC WILL BECOME A PERMANENT PART OF TIlE RECORD AND WILL BE AVAff, ABLE FOR PRESENTATION TO TI~ BOARD OF COUNTY COMM1SSIO~ APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF TH]E PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSUR.E THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2. 3. 4. 5. 6. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINI. YrF~: March 18, 1999 PLANNING COMMISSION ABSENCES: BCC ~RT ~ REI~)R? 7. ADVERTISED PUBLIC HEARINGS: Ao Bo Eo Petition No. TU-98-10E, Taylor Woodrow Communities requesting a 3 year exu:m,on of thc temporaO' us= permit for a Mod~l Hom~ located at 1980 Willow Bend Circle, further described zs BuilclinE 7, Unit 20~, St~me. btidge Country Club Unit 1, in Section 26, Towmhip 48 South, R,tugc 25 East. (Coordinator. Chea'yl SOw) Petition No. BD-99-$, MiI~ L. Scofield ofTurr~ll & A~tea, t~ting Heinz O. Kramet, r~ a25 foM bo~ d~..k ~ ~ ~llow fo~ a 45 foot beaI d~ck azgl boat lift facility for propezW iocala~ at 121 ~ Cay, fardm' descr~n~ as Lo~ 26, por~-of-the=Islanda ~ CJya) ~ Il, ia Scctimm 9, Tom~p 52 SOmtl, Rang~ 28 Em. (~ Prtt6m No. P~'P.99-3, wm~ Vh~ of Vires and ~ r~pm~tt~ Hema Laka ~ ?~/eoud~ of Ook~cn CkJe C~, Secdoa 33, T~ ~9 Soa~ ltJn~ 2.1 ~u~ conme~ of ~01_~ KreL ~ T~sm~e fu~ Land Trust ~-~00967, r~luesti~ a r~nn~ f~gn 'A" Rnral Agric~lnnl to "C-4" for in.u~m, ty lg~aln~ ~ ~ ~ ~ of U~. 41N~ nor~ of ~e i~n~sea~n of U.S. 41 md Old U~q. 41, ~n Sectinng, Towmhip48Smsth, Ran~a2J East, comistin[ofT.94-'-ac~s- {Coordimtoc SusnnMnrr~) Knn~'y 8~hgywr, aa Tms~a for Land trust 95.101, r~ a r~axme from "A" Rnnl Al;ricultm~ m 3D in Sentra 2, To~ml~ 49 South, Ran~ 2~ East, ~nsiating of 6.O2_.+ K~s. (Counttmmc. Susan Murr~) Pe~tion No. R-99-4, Richa~l D. Yovanovich of C_.~ggHeu~, Coleman & 3ohnao~ P.A., rqx~ntin~ Na~le~ Dinn~~ Asso~iat~ LM., requestin$ a r~e fi'omC-i toC-3 for property located on the no~th skl~ of Piper Boulevard ~[y west of Cylg~s Way, furtbex d~sc~ibed as Block B, Palm ~ ~ Unit 4, ia ~ 23, Township 48 ~ !~-',,.~ 25 East,, Cotl~ Count, Florid~ consisti~ of .77 ~ OLD BUSINImS 12. Ai~~ 2 , ~, !6H2 't PLANNING ADVISORY BOARD WORKSHOP AGENDA April 30~ 1999 - 8:30 a.m. CITY COUNCIL CHAHIIER 735 8'm STREET SOUTH Pon Call l~ns Fo~ Dlmmlo. · Hamlkon Harbor ez Coaler Pubik: Input ami ~lm' mmmtml ~ ,~ mlm I,imml~ *-.--.--- ~.mrd ........ April 15, 1999 CHAIRMAN BRUET: Good morning. I'd like to call to order the April 15th meeting of the Collier County Planning Commission. I'll take roll call. Commissioner Priddy? COMMISSIONER PRIDDY: Here. C~iAIRM.AN BRUET: Commissioner Urbanik? COMMISSIONER URBANIK: Here. CHAIRMu~N BRUET: Commissioner Davis? COMMISSIONER DAVIS: Here. CHAIR/~h~dg BRUET: Commissioner Budd? COMMISSIONER BUDD: Here. CHAIRMLkN BRUET: Commissioner Bruet, present. Commissioner Pedone? COMMISSIONER PEDONE: Here° CHAIRMAN BRUET: Commissioner Oates? COMMISSIONER OATES: Here. CHAIRMAN BRUET: Commissioner Wrage? COMMISSIONER WRAGE: Mere. CHAIRMAN BRUET: And Commissioner Tragesser? COMMISSIONER TP~AGESSER: Mere. CHAIR34A/g BRUET: Addenda to the agenda. Ron, is there any that you know of? MR. NINO: No, sir. CHAIRMA/g BRUET: Approval of the minutes from March 18th? COMMISSIONER OATES: I would so move, Your Chairmanship. COMMISSIONER PEDONE: Second. CHAIRM3%N BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Pedone to approve the minutes of March 18th. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Planning Commission absences? COMMISSIONER DAVIS: Mr. Chairman, I'm going to miss our first meeting in May. CHAIRMAN BRUET: Anyone else7 Thank you, Commissioner. BCC report? MR. NINO: The last meeting of the DCA revealed no bearing -- no strain from the recommendation of this Planning Commission. All decisions that they made were kind of consistent with your recommendation. A number of land -- a number of committees were established that you might be interested in in terms of dealing with the density reduction program and the -- powered by the deal with development in the future and rural area. Those committees were all set up. I don't believe any new members were appointed to those committees. I don't know that any of you asked to be. COMMISSIONER PRIDDY: Some of us were prohibited from being on that committee. COMMISSIONER OATES: COMMISSIONER W-RAGE: COMMISSIONER OATES: COMMISSIONER WRAGE: COMMISSIONER DAVIS: Some of us. Has to do with your attitude. A third of us, right. Has to do with your attitude. On the other hand, Mr. Chairman, two of us were appointed to a greater Naples Civic Association Community Page 2 April 15, 1999 appearance Committee, which I think is going to -- ~'m excited about myself, and Terri down there. I think it's going :o go a long way ±n what stuff looks like when we drive by our community in the future. So it's an exciting proposition. COMMI$$IOHER TR~GESSER: In fact, that committee is an outgrowth of the original FocUs effort that the community participated in a couple of years ago, and it really is going to expand its look at the community beyond just the appearance element and get into looking at how our transportation system works, can it work better, can we do a better job of placing some of the land uses and transportation issues, so that we maximize the system that we have and the roads that we have. So it's -- I think it's going to be a very worthwhile exercise, and the board has been very supportive of going forward with it. CHAIRMAN BRUET: Thank you. Very good. It's good to be on those committees. I enjoy that type of work myself. Marjorie, still under the chairman's report, do you want to talk a little bit about the request that I had made relative to the three members here? MS. STUDENT: Yes. For the record, Marjorie Student, assistant county attorney. Mike had called and asked me to give a report on the request that he had made about a voting conflict. And the research has been done; however, the only thing I need to do is get with Ramiro Manalich, because he was spearheading that, and he and I had conflicting schedules and it's been hard for us to get together. But I think, as Mr. Bruet and I discussed on the phone, the immediacy of that has been reduced somewhat because of the way things are playing out. And in that regard, I'm sure the commission's read the paper, but we have gotten DCA's support for a 45~day extension of time so the ad hoc committee that was ~pointed for the rural fringe can do their work. CHAIRMAN BRUET: Is it your intent to finish your research and direct the issue, regardless of the ~utcome? MS. STUDENT: The research is complete. It's just a matter of Mr. Manalich and I being able to sit down and kind of, you know, finalize it. Because without talking to him first and just kind of finalizing it, I don't want to give an official report to the Planning Commission. And he and I have had differing schedules, where he had to be some place and I was in Tallahassee and so forth and trying to work out our schedules just to sit down and finally discuss it and so forth. We haven't had a chance to do it. But the research is complete, so -- CHAIRMA/g BRUET: Very good. We'll look forward to the final result. With that, we'll move right into the advertised public hearings. If we could begin to hear Petition TU-98-10(E). And this being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) COMMISSION-ER OATES: Mr. Chairman, there seems to be a slight inconsistency. According to the report here, it's a two-year extension, but the advertised public hearing says it's a three-year extension. MS. SOTER: That's correct. It is a two-year extension. I have that noted here that that was an error earlier on. This has been Page 3 April 15, 1999 extended for awhile. They had to get a CO for the building first before they could extend it. CHAIRMAN BRUET: I'm sorry, I couldn't hear you, it's a two-year? MS. SOTER: Yes, it was a two-year. CHAIRMAN BRUET: Thank you. MS. SOTER: Good morning, Commissioners. For the record, my name is Cheryl Sorer with current planning. In this petition, the petitioner is requesting a two-year extension of a model within building number seven. It's an eight-unit multi-family structure located at 1980 Willough Bend Circle in the Stonebridge Country Club. The model meets all the criteria and we have not received any objections. And staff recommends approval of this extension. CHAIRMAN BRUET: Any further questions of staff? Does the petitioner care to address the board? Anyone in the public care to address the board in this issue? If not, I'll close the public hearing. COMMISSIONER OATES: Mr. Chairman, I move we approve TU-98-10(E). COMMISSIONER BUDD: Second. CHAIRMAN BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Budd to approve TU-98-10(E) . All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Petition No. BD-99-5. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIRMAN BRUET: Ross? MR. GOCHENAUR: Good morning, Commissioners. For the record, Ross Gochenaur, planning services. I apologize for the poor quality of the photos of the staff report. I've passed out copies that are a little bit easier to see here. The petitioner is requesting a 25-foot extension to create a docking facility, which would protrude a total of 45 feet into the waterway. The property is located at 121 Wilderness Cay, Port-of-the-Islands, includes 240 feet of water frontage. The project consists of construction of a dock and lift, with the extension needed to reach adequate water depth. The specific site was selected to avoid sea grass beds and to take advantage of the greatest water depth. Four boat dock extensions ranging from 33 to 40 feet have been approved for lots on this waterway in the vicinity of the subject property. No objections to the project have been received and staff recommends approval. CHAIRMAN BRUET: Further questions of staff? Does the petitioner care to address the board? Any questions of the petitioner? Anyone in the audience care to speak to the issue? If not, the public hearing is closed. Pleasure of the board? COMMISSIONER URBANIK: I recommend approval of Petition BD-99-5. COMMISSIONER BUDD: Second. CHAIRMAN BRUET: There is a motion by Commissioner Urbanik, seconded by Commissioner Budd to approve. Page 4 Ail in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Moving to Petition No. PSP-99-3. April 15, 1999 This being a public hearing, all thcse wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIRMAN BRUET: Thank you. MR. BELLOWS: For the record, Ray Bellows, current planning staff. Petitioner is requesting a subdivision plat approval -- preliminary subdivision plat approval of a 101-acre site. As you recall, Planning Commission recently approved the BDI amendment for this site. The subdivision master plan is consistent with that PUD master plan amendment. Staff is recommending approval. No letters for or against this subdivision has been received by staff. I'd be happy to answer any questions. CHAIRMAN BRUET: Questions of staff? Seeing none, does the petitioner care to address the board? MR. VINES: Only if you have a question. CHAIRMAN BRUET: State your name, Bill, please. MR. VINES: William Vines, agent for the owner and applicant. CHAIRMAN BRUET: Any questions of the petitioner? Anyone in the public care to speak to this issue? If not, the public hearing is closed. COMMISSIONER OATES: Mr. Chairman, I move we approve PSP-99-3. COMMISSIONER PEDONE: Second. CHAIRMAN BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Pedone to approve petition PSP-99-3. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. COMMISSIONER PRIDDY: Would you like to recycle some of these? No7 Fair enough. COMMISSIONER PEDONE: Did you want these? MR. VINES: Sure. CHAIRMAN BRUET: Moving to Petition 99-2. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) MS. MURRAY: Good morning, Susan Murray from current planning. The petitioner is requesting a rezoning from rural agricultural to C-4 general commercial in order to develop a maximum of a 100,000 square foot commercial shopping center. The site is 7.9 acres and fronts the northern portion of U.S. 41, just north of the intersection of old 41 and U.S. 41 on the east side. Properties abutting the site to the north and south are zoned C-3 and C-4 respectfully and are currently undeveloped. The property abutting the site to the east is zoned PUD and allows for a multiple family development; however, the subject site abuts this property's 4.75 acre preserve area that functions as a buffer between the two sites. The future land use designation of the site is urban residential mixed use. However, the office and infill commercial subdistrict of Page 5 April 15, 1999 the Future Land Use Element, although approved in 1997 and not yet legally effective, allows for commercial zoning within the urban residential mixed use, if the property meets specific criteria outlined in the Future Land Use Element. The project meets each of the 10 criteria specified in the Future Land Use Element and is consistent with the Growth Management Plan. Staff anticipates that the office and infill commercial subdistrict will be legally effective by the end of this month. Just for your information, the east-west extension of the future Livingston Road will parallel the subject's site southern boundary. The petitioner has agreed to maintain 100-foot setback from the current southern property line, of which the county reserves the right to require up to 90 feet for the future construction of the east-west Livingston Road project. Staff has received no letters of objection, and recommends approval subject to the stipulations in the staff report. CHAIRMAN BRUET: Further questions of staff? Marjorie? MS. STUDENT: Mr. Chairman, I just had a question, is there a provision -- I can't remember -- that we put in there concerning when that becomes effective? Because that date of the legal effectiveness of the plan maybe is going to be later than the end of this month. MS. MURP~AY: That's been taken care of. MS. STUDENT: Okay. CHAIRMAN BRUET: Other questions of staff? Does the petitioner care to address the board? MR. ANDERSON: Good morning, Mr. Chairman, Commissioners. Sorry I missed that, or maybe I'm not. COMMISSIONER OATES: He said Shannon picks out your ties, obviously. MR. ANDERSON: My name is Bruce Anderson, and I just have one thing I want to get on the record. We're in agreement with all of the staff's stipulations except for the last sentence in Stipulation No. 6. That sentence goes farther and is more specific than is typically done, in that it specifies a minimum of 1.2 acres of native vegetation that would need to be preserved in order to meet the county's 15 percent native vegetation requirements. We've discussed this with staff and I believe they're agreeable to deletion of that last sentence. MS. MURRAY: Yes, we are, Mr. Chairman. That's fine. CHAIRMAN BRUET: Any questions of the petitioner? COMMISSIONER TRAGESSER: Mr. Chair, I have a question. Mr. Anderson, on this project -- of course there are no conceptuals or anything at this stage -- could you give us an idea of what you had planned to do on this property? MR. ANDERSON: The property has been in a family crest for a number of years. They do not have any immediate plans to develop the property. COMMISSIONER TRAGESSER: Thank you. CHAIPd~AN BRUET: Any further q~/estions of the petitioner? COMMISSIONER WRAGE: An education question, Bruce. Why not a PUD on this property? MR. ANDERSON: We went straight -- well, because we don't know what is going to be developed on the property. And with a PUD, you have to be -- you have to know what you're going to do. We went with conventional zoning because that's what we had on each side of us. Page 6 April 15, 1999 And the thought was perhaps in the future this piece might be assembled with either/or both straight commercially zoned pieces on either side of it. COMMISSIONER WRAGE: I don't recall any interconnecting. Does that come later, or -- access to adjoining lots? MS. MURRAY: The -- Susan Murray. The Livingston Road -- east-west Livingston Road will preclude that on the southern end. COMMISSIONER WRAGE: What about to the north? No? MS. MURRAY: No. COMMISSIONER WRAGE: Okay. CHAIRMAN BRUET: Further questions of the petitioner? Anyone in the public care to address the issue? If not, the public hearing is closed. Pleasure of the board? COMMISSIONER DAVIS: Mr. Chairman, I make a motion that we forward Petition R-99-2 to the Board of County Commissioners with a recommendation of approval. COMMISSIONER BUDD: Second. CHAIRMAN BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Budd to approve R-99-2. All in favor? COMMISSIONER OATES: Mr. Chairman, does your motion include eliminating the last sentence? COMMISSIONER DAVIS: Yes. Thank you, Mr. Oates. Exactly, as agreed on by staff. CHAIRMA/q BRUET: As modified. COMMISSIONER BUDD: Yes. CHAIRMAN BRUET: Once again, those voting in favor of Petition R-99-2. Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Petition No. pUD 99-2. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) COMMISSIONER OATES: Mr. Chairman, I have a question. One of the beneficiaries under the trust is DHA Limited Partnership II, and that owns 60 percent of the land. Do we know who that is? MR. KOBZA: For purposes of the record, my name is Ken Patrick Kobza. Mr. Oates, that would -- that partnership is Ken Shryver and Vinnie DePasquala. COMMISSIONER OATES: They each own half? MR. KOBZA: I'm not sure what the ownership is. CHAIRMAN BRUET: Only the two could be. MR. KOBZA: Yes. COMMISSIONER OATES: Thank you. MS. MU~Y: Susan Murray from current planning. First I need to clarify that the name of the project has been changed from Vanderbilt Office Park to Venetian Plaza PUD. Our addressing department felt that Vanderbilt was overused there, and the petitioner agreed to change the name. So the Venetian Plaza PUD is located on a six-acre tract on the south side of Vanderbilt Beach Road, a quarter mile west and adjacent to the Walgreen's PUD which is located on the southwest corner of the Page 7 April 15, 1999 intersection of Vanderbilt Beach Road and Airport Pulling Road. The site is presently zoned agricultural. This petition purports to rezone the six-acre site from agricultural to Venetian Plaza PUD to allow for office and low intensity commercial land uses, permitting a maximum of 90,000 square feet of gross leasable floor area. Surrounding the property to the north, we have Vanderbilt Beach Road and then the Pelican Marsh PUD, a portion of which is currently under development for an Eckerd's Drug Store and a bank. To the south, across Tennis Court Lane, the land is currently zoned for Emerald Lakes PUD which is zoned with multi-family structures. To the east we have the 15 acres Walgreen's PUD, which is currently undeveloped. And then southeast of the property there's a two-acre tract which is zoned community facilities, currently is developed with a private tennis pavilion that I don't believe is in operation. And to the west, we have Marker Lake Villas, which is currently under construction for multi-family development. The property is located within the urban residential mixed use feature land use classification as depicted in the future use land map. A rezoning action to PUD to allow low intensity office and commercial development is consistent with the office and infill commercial subdistrict as part of Ordinance 97-67. It allows for commercial uses within the urban residential mixed use land use classification if the subject property meets the specific criterias (sic) outlined in the FLUE. The project meets each of these 10 criterias identified in the FLUE and is consistent with the Growth Management Plan. Stipulations in the PUD document will regulate the development of the use as authorized by the approval of this PUD rezoning until such time as the Future Land Use Element, providing for an office and infill subdistrict, is found in compliance with the Florida Department of Community Affairs. This compliance finding is anticipated before ~he project goes before the Board of County Commissioners' scheduled hearing date. Ingress and egress to the site will be provided via an entrance off of Vanderbilt Beach Road, which is highlighted here in the green. Staff is recommending that the Planning Commission forward PUD-99-2 to the Board of County Commissioners with a recommendation for approval. You'll note in your staff report a number of stipulations which refer to some revisions that are necessary to the PUD document. All of those stipulations, one through four, have been addressed in a revised document I received yesterday afternoon. Stipulation No. 5 pertaining to an interconnection with the Walgreen's PUD has also been revised and has been approved by the transportation department and by planning staff. However, the document I received yesterday did not have that revised language in there, so that still needs to be addressed. Additionally, the PUD master plan needs to be revised to show and designate a vehicular access and an interconnection with the adjoining property to the east, which is the Walgreen's PUD. And I'll be happy to answer any questions, if you have any. COMMISSIONER DAVIS: Ms. Murray, so in other words, under signs, the project directory sign has been deleted from the PUD? MS. MURRAY: It's currently still in there, but it's basically just restating what the code requires, so there's nothing in addition outside of the current code requirements that they're requesting. Page 8 16H2 April 15, 1999 COMMISSIONER DAVIS: Yes, that's true. But if the code was to change in the next year or two, which I think it may very well happen, and it's still in the PUD, then that provides them the opportunity -- I agree, because the current code today with the frontage, they can have this by code. MS. MURR3tY: Are you -- it references the specific section of the code, which addresses the criteria you need to have; i.e., the eight businesses and the minimum square footage. Is your concern that that section may be changed or be removed or -o COMMISSIONER DAVIS: Well, if it's my understanding that 4.12 under signs, A, project directory sign is going to be removed, then we don't have a problem. I would like to see it removed. And it's merely a consistency issue that all the other projects by my memory in that area are abiding by the code and, therefore, we'll see consistency of signage in the area, and I think that's important. MS. MURRAY: That's correct. The Walgreen's PUD was required to comply with the same provision. COMMISSIONER DAVIS: Right. COMMISSIONER TRAGESSER: Mr. Chair? A question for staff. Is this activity center one of the activity centers that requires a master planning element to it? I know we -- some of them we achieved that on. Is that one of them7 MS. MURRAY: With regard to transportation; i.e. ingress and egress, yes. And I'm not sure what else you might be referring to. COMMISSIONER TRAGESSER: So you'd have a continuity of theme within the quadrants. We had -- seems to me during the -- during a recent change in the comp. plan, we actually -- some of the activity centers that had yet to develop, we put an additional layer of scrutiny on it as it related to some continuity within the quadrants. MS. MURRAY: Ron, is that the case in this? MR. NINO: I don't believe so. MS. MURRAY: I don't either. MR. NINO: I think that only applies to the Golden Gate Health Park. COMMISSIONER TRAGESSER: The big one down there? That was the only one that we were able to get that on? MR. NINO: Yes. MS. MURRAY: I think staff would like to see that happen. MR. NINO: That's not to say that we haven't tried very hard to make sure that all the PUD's that are occurring in this activity center are integrated by common access ways. And that attempt is reflected in the Walgreen's and in this PUD. knd of course we do have that across the street in the Pelican Marsh. We have a master plan activity center there that we brought about without really having to have the regulation to do it. MS. MURRAY: I'd also like to mention that I did receive a fax from an attorney representing the Emerald Lakes folks, and they had some very general stipulations that they wanted to have the PUD document reflect. I believe Wayne Arnold has had detailed discussions with them and they've agreed to some specific criteria. So I think he's going to speak to that, and I'll leave it at that. And if he has any further questions or if you have further questions, I'll try to answer them after he speaks. CHAIRMAN BRUET: Does the board have any further questions for staff? MR. NINO: Let me further discuss Commissioner Tragesser's Page 9 April 15, 1999 concern. Quite frankly, we've come to realize that we've not been very adept at crafting stipulations that bring about interconnection and common access ways. And it's only been recent that we've managed to sit down with Ed Kant and come up with the type of language that is reflected in Susan's Stipulation 6. We never did get that specific before in terms of requiring the recordation of the agreements attesting to the common access ways or the interconnects as a function of receiving any subsequent development plans. Don't ask me why it took us this long to come up with that wording, but we finally did develop some common language. You know, we learn by every one of these. And a couple in the past has proven that we really did need to have that language that makes sure that those instruments would be recorded and would be preconditions of subsequent development. And we think we have it here, although this one is not as tight as what we would like to have. And the wall -- quite frankly, for your information, there is some disagreement between the two parties that needs to be resolved in a private setting. MS. MURRAY: I want to clarify that, because the language that was presented to me by the petitioner reflects Ron's statement about the difficulty between property owners, that they're having agreeing on cost for shared access and where it should be located, et cetera. Some of the language that was presented yesterday is actually a relaxation of the proposed stipulation by staff, reflecting that lack of agreement between the two parties. And I think what we're finding is that our regulations are weak in requiring those type of interconnections in that we basically just encourage the petitioners to develop such interconnects rather than requiring them some way. And what we're ending up having is arguments and disagreements between property owners and people just saying, oh, forget it, we have the right to have access to the roadway and we're not going to bother to try to interconnect, although it would benefit both parties in this case. So I think staff would like to see a tightening of some of that language in our LDC and comp. plan, and maybe even a master planning of some of these activity centers before they get developed out and we lose that opportunity. COMMISSIONER OATES: Wasn't there some difficulty in the past with these Cypress Lakes folks? MR. NINO: Pardon? COMMISSIONER OATES: The Cypress Lakes folks, didn't they come in with a bunch of demands? MS. MURRAY: Emerald Lakes. COMMISSIONER OATES: Emerald Lakes, I'm sorry. MS. MURRAY: For Walgreen's, yes. MR. NINO: Quite frankly, we didn't get what we should have gotten when we approved the Walgreen's. And had we been on the course we're now on, we wouldn't have this problem. CF~AIRMAN BRUET: We all understand the advantages to that, but the word "require" a developer to gain access to somebody else's land is pretty difficult as opposed to encourage. That, we understand. And certainly there's a benefit to that. But to hold his feet to the fire to make that happen would seem to be -- wouldn't seem to be appropriate to me. MR. NINO: We have no choice. If we're going to get interconnectivity and shared access ways, we haven't got any choice Page April i5, 1999 but to do that. CHAIRM~ BRUET: Encourage -- I understand that. MR. NINO: That's the carrot. CHAIRM3LN BRUET: Pardon me? MR. NINO: That's the carrot to being allowed %c go ahead and develop your land. CHAIRMAN BRUET: That's a tough one. COM~4ISSIONER TRAGESSER: We have a responsibility, don't we, truly, to make that intersection work? We said we're going to converge commercial into one area, one intersection, and then that puts the responsibility on both the individual who enjoys that prime location of exposure and traffic to make the intersection function. If we don't have interconnects, we'll have people literally having to get in their car and go back out on the arterial and come back in to shop in one quadrant of the intersection. So, you know, if it's -- it has the potential of being something that's required without imposing any undo hardship in the planning phase, which to me would be the time to give it consideration, I would like to see us pursue the opportunity. CHAIRMAN BRUET: I think you've said it, the undo, you know, hardship. But the word "requiring" to do it, I think would be very difficult. COM~4ISSIONER DAVIS: Mr. Chairman? CHAIR/~ BRUET: Yes. COMMISSIONER DAVIS: Maybe stepping aside from this petition for a minute so we could get back to see what we're going to do with these folks. It strikes me that there may be consensus with our group to ask staff to go ahead and pursue the idea of master planning and maybe tightening our language up to make that happen more often, and also, as it relates to interconnects, at least go through the process. Because you raised some very valid points, Mike. But through that process, I think a lot of that can probably get addressed. And i think we've heard from staff that they're desirous to do so. CHAIRMJ~N BRUET: A3%d I fully support that. I guess it's just the word "require" someone to do it would be a little awkward. But I fully support the term "encouragement" or whatever term is out there that could bring two parties together to reduce the driveway cuts and intersections, obviously, makes a lot of sense. But there are, I think, other issues 'involved that the term "require" would be in conflict with. But I guess that's a legal issue. But I think Commissioner Davis makes a good idea, if you can continue to pursue language that we could use or staff could use to encourage, I would appreciate it. COMMISSIONER DAVIS: I don't think -- you know, I'm not advocating a MITA (phonetic) by any means. But by the same token, I kind of hear the two of you saying we could probably do more than we have, and I guess I'm asking our group to encourage you to do so. M~. NINO: We less up to the fact that we've done it very poorly in the past and we need to sharpen a way to making sure that intercoD_nectivity and shared activity comes about. And we'll continue to, a good goal, investigate that. This is a good example of it. I mean, you're right across a median opening. It's the same roadway into the Pelican Marsh activity center. The lot line is, for all practical purposes, right down the middle. There should be a shared access drive here. C~L~IR34AN BRUET: Agreed. Page 11 COMMISSIONER DAVIS: Well, and let's not lose sight of the master planning aspect that Terri spoke about. Because I think on the north side of Pine Ridge Road at Exit 16, as we've seen those PUD's develop, the architecture has been required to be common, and I think as that gets built we're going to see that that was a very, very good thing to do. CHAIR3~AN BRUET: This may be a dumb question, but who develops a master plan if you have three or four owners? MR. NINO: Well, that's a good question. COMMISSIONER OATES: Three to four developers. MS. MURRAY: It would be similar to -- CF~AIR55kN BRUET:, Again, I like the idea. But I'm just asking, how does that work? MS. MURRAY: It may work very similar to our sign regulations where we have a unified sign plan and it's kind of like whoever comes in first with a sign and a design kind of sets the tone for the rest of the standards of the development, so -- COMMISSIONER DAVIS: I think that's pretty much what happened in the Pine Ridge area. MS. MURRAY: I believe so. COMMISSIONER DAVIS: And as the rest of them came in. Because I remember we asked that question, is this like the other one that we just saw. And the answer was, yeah, we carried that through. Even the wall to protect the residential area is not going to look like pieces of the wall. I think that's important. MR. NINO: I also think we put more meaning into that word master plan than is there in the context of activity centers. We're primarily interested in interconnectivity, that it all -- that an automobile can get from one end of that activity center to the other. And that doesn't necessarily mean that they need to be a common -- it has to be designed as a unit by whole. There could be two shopping centers with interconnectivity. And in my opinion, that's the kind of master plan -- that's the only master planning goal we're looking at. It would be nice to add the architectural unity to both sectors, and we need to work on that. CHAIRMJ%N BRUET: Any further questions or discussions of staff? COMMISSIONER TRAGESSER: Just one comment on the conversation we're having now and that is that that's one of the things I think the select committee is going to be looking very hard at, and of course, all those things that are derived from the work of the select committee will be coming back to this group. So there's opportunity there, too. CHAIRMAN BRUET: Thank you. Does the petitioner care to address the board? MR. KOBZA: Thank you very much, Mr. Chairman, members of the board. For purposes of the record, my name is Kim Patrick Kobza, representing the petitioner here. Wayne Arnold, Jeff Perry are also here, I believe Rick Armalavage is here, and we're prepared to answer any and all questions that you might have. I think that I'd like to limit my presentation to really the two issues that I heard the board raise here. First of all, with respect to the Emerald Lakes PUD, we did meet with the homeowners. Mr. Humphreyville is here on behalf of the Emerald Lakes Association. And I'll attempt to, for purposes of the record, state what I believe to be our agreement. And in the event that I don't correctly state it, Page 12 April 15, 1~99 I'm sure Mr. Humphreyville will correct me. Basically we have four stipulations: That there be no automobile traffic on Tennis Court Lane, and we waive the right to a vehicle access on Tennis Court Lane, which is in the southernmost part of the property. That's similar to the requirement which was the basis for the Walgreen's PUD approval. Secondly, we restrict the height of the buildings on the southernmost 200 feet of the subject property, measured from the rear property line, to 35 feet. That will accommodate two stories with a pitched roof, which would be more residential in character and more consistent with the residential property behind; behind being to the south. The third point being that there will be no fitness facility placed on the southernmost 400 feet of the subject property, again, measured from the rear property line. And there -- any restaurant would be limited to -- there will be no freestanding restaurants. The restaurant would be limited to 1,700 square feet, and it would be placed on the northernmost 300 feet of the property. And the intent there is just that there be an ability for a deli-like very small restaurant that serves the office facility. Finally, that the subject development will incorporate a 20-foot wide Type B landscape buffer on the southerly property line, as described in 2.4.7.4 of the Uniform Land Development Code. And if you go to that section, 'you'll see that that buffer is fairly stringent, has a very high degree of opacity. I believe it's 80 percent. And it would exceed actually what would otherwise be required for this property. So in reference to your first set of issues -- or your first set of questions, let me say, which address the residential properties, we've made every effort to address those issues, and we believe we've come to an agreement relative to those stipulations. The second set of issues related to -- or the second set of questions related to the interconnection and the access are fairly straightforward, at least from our vantage point. We very much agree with everything we've heard you say here. On our behalf, we -- I believe that the appropriate planning solution is, in fact, common access drive that is shared with the adjoining property owner that straddles the property line, that is fairly shared in costs between the two property owners. And we're -- we've made a proposal, too, and we've been in negotiations with the Walgreen's PUD to try to make that happen. That kind of agreement requires agreement by two property owners. We're not there yet. We're hopeful we'll get there. But if we don't get there for reason of non-agreement, then we at least have to have our ability to have access to our property. It's really pretty simple from that perspective. I don't think there is really any disagreement on what the best planning solution is. By the way, in this case, that drag also provides -o potentially would provide access to the other parcel directly to the south which is the Stanky parcel. But for reasons of this -- for purposes of this PUD, they can't require us to do something that we may not have a legal ability to even do ourselves, because we can't force agreement of that property owner to the east. And that PUD has already been approved long ago. And as you heard Mr. Neale say, the county would probably rather have done something a little different maybe than what it did. But Page 13 April 15, 1999 hopefully between now and maybe even the County Commission, we can get that issue revolved. It's primarily a cost issue. I don't think it's a planning issue. So those are the two issues, or the two questions that I heard you address. Rather than go on, I'll stand ready for any questions or have Mr. Arnold answer any questions that you may have. CHAIR~L~Rg BRUET: Questions of the petitioner? COMMISSIONER DAVIS: Yes. Mr. Kobza, my issue on the directory sign, would you be willing to just remove project directory sign and that language and just leave it with abiding by division 2.5 of the LDC? MR. KOBZA: Which is -- it basically restates the existing codes provision. So what I hear you saying, Mr. Davis, is that in the event that if there would be an amendment to the code, we would be subject to whatever the amendment might be. COMMISSIONER DAVIS: Right. MR. KOBZA: I believe it would be appropriate. I would like an opportunity to speak with the petitioner, but I'm sure that it's probably appropriate. COMMISSIONER DAVIS: Thank you. CHAIRM3%N BRUET: Further questions of the staff or petitioner? COMMISSIONER TRAGESSER: I have a question for Mr. Nino. If you look at that intersection of Airport Road and Vanderbilt Beach and you -- do you know the approximate distance between the intersection and where this property lies that we're talking about now? Is it -- does it go to a length that a traffic light at some point, which would allow the Pelican Marsh commercial and the -- you know, the south side and the north side to connect with the traffic light? MR. NINO: It's got to be all of 1,300. MS. MURRAY: About 1,300. COMMISSIONER TRAGESSER: Does it go -- MR. NINO: It's got to be all of 1,300 feet. Dale, would that be appropriate spacing for a traffic signal? Yes, it would. COMMISSIONER TRAGESSER: Because what I'm thinking, you know, out -- the same thing happened to us at Pine Ridge and Airport. So the benefit to the Walgreen's people of having an interconnect a couple of years out or maybe even sooner would certainly be there. Just a thought. MR. KOBZA: We've had a tremendous amount of discussion on that very point, knd in the master plan, it would show the signal at this location with a full median cut. And the transportation department has tried to address that issue. Because further to the east, there is now permitted a full median cut. So it becomes a spacing issue. Under any set of facts, whether there's a full median cut or no, there's a benefit to an interconnection on both parts. And I don't think we're hung up on that, on the interconnection. I think we're hung up on the cost issue relative to the common drive. COMMISSIONER TRAGESSER: Okay. CHAIRMAN BRUET: Benefit. Further questions of the petitioner? Anyone in the public care to speak to this issue? If not, the public hearing is closed. Pleasure of the board? COMMISSIONER OATES: Mr. Chairman, I move we submit PUD-98-2 to Page 14 April , 1999 the Board of County Commissioners with a recommendation of approval. COMMISSIONER TRAGESSER: Second. MS. MURRAY: Would that be CHAIRMAN BRUET: Subject to -- COMMISSIONER DAVIS: Before I vote on it, I need to know, is the sign in or the sign out? COMMISSIONER TRAGESSER: That's right. MS. MURRAY: It's my understanding he agreed to take the language out -- he was going to check. CHAIRMAN BRUET: He needed a moment. MS. MURRAY: Also, if you could clarify the stipulations that he also read as part of your motion, too, for the Emerald Lakes folks. CHAIRMAN BRUET: Okay. One thing at a time. COMMISSIONER DAVIS: Mr. Kobza said yes, so I'm ready to vote. CHAIRMAN BRUET: Susan, what -- COMMISSIONER OATES: As I understand it, we would be saying whatever Section 2.5 is changed to or eliminated or whatever, they would agree to that, and they would also agree to the, I guess, four or five stipulations that Kim mentioned relative to -- what's the name of the -- COMMISSIONER DAVIS: Emerald Lakes. MS. MURRAY: Emerald Lakes. COMMISSIONER OATES: -- Emerald Lakes. And those are part of the record, because you read them into the record. MR. KOBZA: I would like to also introduce into the record -- I was handing a copy of a letter from Mr. Humphreyville on -- just stating that the stipulations that I described on the record, and that Emerald Lakes agrees to those same stipulations. CHAIRMAN BRUET: Okay. Thank you. Commissioner Oates fine-tuned his motion, I guess you could say. COMMISSIONER OATES: I guess. CHAIRMAN BRUET: Commissioner Tragesser, you're still second? COMMISSIONER TRAGESSER: Yes. CHAIRMAN BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Tragesser to approve as amended PUD 98-2. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Petition No. R-99-4. This being a public hearing, all Uhose wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIRMAN BRUET: Ron? MR. NINO: For the record, my name is Ron Nino, planning services. The petition that we have here is a petition that seeks -- what happened to my map? This petition seeks to zone property currently zoned C-1 to C-3. This is a unique type of application in the sense, as all of you know, it is the site, the home of the Naples Dinner Theatre. And Naples Dinner Theatre was built in 1975, and it was only recently that they realized, after having closed their doors for more than 12 months, that they were a nonconforming use. And ergo, that's why we're here in front of you seeking -- they're seeking your approval to rezone it to a classification that would allow the Naples Dinner Theatre to Page 15 April 15, 1999 begin operations again as a dinner theatre. The property is located in an activity center. An activity center provides for the full scale of commercial uses. This property is bound on most of its sides by existing C-1 zoning, and the Sharondale condominium residential development. Immediately to the north of it, even though it's zoned C-l, it is the location of a nursing or assisted living type of facility. This petition, if approved, would be consistent with the Future Land Use Element, because it is an activity center, and as I said, that provides for all manner of commercial zoning. We're dealing with an existing use, for all practical purposes, and restarting it is not going to change any traffic patterns. And in any event, traffic analysis indicates that there's no level of service that would be abridged by approving this petition. It is deemed consistent with the traffic circulation element. And by virtue of its availability, sewer and water, why, it's consistent with that element as well. In other words, we find that the plan, if approved, would be consistent with all elements of Growth Management Plan. From the point of view of compatibility, when we look at zoning, we need to look at more than just the issue of whether it's consistent with the Future Land Use Element or the Growth Management Plan, but does it make sense from a planning point of view, is it compatible and harmonious with its environment. We think it is. It has coexisted for 25 years here, 20 years, nearly, and no one has found a problem. Sharondale has lived with that situation and has never expressed any opposition, as long as I've been with the county. It is in the -- it is in an activity center. If you look at the business of transition, if this property were zoned C-3, it would be surrounded with C-i, then you have the residential area. It perfectly meets that transitioning philosophy. Now, you might ask why can't we rezone it strictly to the Naples Dinner Theatre? A-nd staff did think about that. One, as Marjorie will tell you, and I hope she will reaffirm, it is a problem to do single purpose zoning. You've got to track it. And who knows who's here in some future date. We don't like to have C-3 zoning districts in which only one use is permitted, in other words. So that's a problem. But when we think about that issue, when we look at all the uses that are permitted in the C-3 district, we come to the conclusion that if there was any use that was intensive, the most -- what was the most intensive of all those uses. Quite frankly, I came to the conclusion that it was indeed the dinner theatre, that any use would be less intense. So what would be the harm in zoning it C-3 and permitting all the uses that would otherwise be permitted in the zoning district? And that's why we came to our conclusion that we don't need to modify the C-3 to limit uses. However, the petitioner is going to be making a representation which perhaps may indicate some willingness to do that, because of opposition that you're going to hear as well. We certainly recommend approval to have the rezoning. If there are any questions, I'd be happy to answer them. CHAIRMAR BRUET: Further questions of staff? Does the petitioner care to address the board? MR. YOVANOVICH: I do. For the record, Richard Yovanovich. Page 16 April 15, 1999 As Ron pointed out, the dinner theatre has been in operation since 1975. It was originally zoned C-2, which allowed for a dinner theatre. And then the zoning scheme changed in 1976, which went Go a GRC, I believe, zoning category, which also allowed the dinner theatre. And then subsequently '89, it became a C-1 zoning district. And as you're aware, there's not a whole lot of notice that goes out when you do these massive rezoning calculations, so my client just merely went along doing business as usual. And unfortunately, my client became very ill, had heart surgery and is now terminally ill with lung cancer. His family is taking over the operation of the dinner theatre and, quite candidly, is taking care of family business first and wants to resolve that, but doesn't want to lose the family business, the dinner theatre. The theatre has been a good neighbor. I guess it was probably one of the first cultural amenities in the county. And it was even recognized by the Naples Daily News as, you know, a good neighbor and had a very favorable editorial when they learned that Mr. Fisk was very ill. There's a genuine issue whether or not we've, quote, abandoned the nonconforming use. There's some theories. There's other jurisdictions in other states that basically say if you stop the use for reasons that are not your own fault, you really haven't abandoned the use. But we don.'t have that law here in Florida yet. And candidly, my advise to my client is don't rely on another ].aw from another state, let's go and get you a zoning district that will allow you to continue what you want to do. They want to continue to operate the dinner theatre. The only way I can do that for them is to request a C-3 zoning district. My clients, in an effort to show good faith that that's what she wants to do and that's what the family wants to do is continue the operation of the dinner theatre, will agree to essentially a C-1 plus the dinner theatre use that's allowed under the C-3. So we will remove all of the other C-3 uses under the dinner theatre and keep 5he C-1 to show you that's what we'll go on, on the property so there's no doubt that we 11 continue the present use of the property. Now, there may be some concern that, you know, they'll come back at a later date to add the uses that are allowed in the C-3, because they already have the underlying C-3 zoning district. I'm making a record for you as to what we want to do. We still have to go through a public hearing process, and the property owners will have an opportunity to appear before you and the Board of County Commissioners to voice their objection. And certainly you can use my representations against me at that point. I will not be here. Somebody else will be, because I have told you what we want to do on the property, and I'm not going to try to undo what I'm telling you. What we really want to do is continue the dinner theatre. It's been a good neighbor. It's been compatible. There really are no issues. We want to continue to assure the neighbors that that's what will be there. I think our proposal of C-3, eliminating every use but keep the underlying C-1, so C-1 plus the dinner theatre. If there were an easier way to do it, we'd do it. But to be honest, we want to go as quickly as possible, because Mr. Fisk wants to know, he's leaving his legacy, and Mr. Fisk doesn't have a lot of time for us to try to structure a PUD and try to find another mechanism to make this happen. That's why we're before you asking for this zoning request. Page 17 April 15, !999 CHAIRMAN BRUET: Marjorie? MS. STUDENT: Thank you, Mr. Chairman. I would concur with everything that Mr. Yovanovich said. And i also agree with Mr. Nino that there can be, i guess, not legal problems, certainly, but perhaps some planning issues in limiting the use, but I would rather do that than have the county get itself, you know, in a lawsuit for some reason, and it seems like that's a tool that we have. It's been used before. And in fact, Richard is quite correct. If they agree and the ordinance is crafted that the use is limited to C-1 and a dinner theatre, they would have to come back on a public hearing before this Planning Commission and before the Board of County Commissioners, all the neighboring property owners would be noticed again, and they'd have the opportunity to make their objections known on the record and have their say. Also, Mr. Yovanovich is correct that there is an issue about the discontinuance or abandonment of this use. And it's something that I was just made aware of yesterday. I understand the occupational license has not been allowed to lapse, so they've kept their occupational license all along. In Florida, the case law here in Florida has been pretty black and white, and other jurisdictions look at surrounding circumstances and whether or not the abandonment or discontinuance of use was under the control of the property owner. But the law is more strict in Florida, even though it's kind of old. So we don't know what under recent -- you know, a new case, looking at what other jurisdictions do, how it might turn out. So that could be problematic, but it's something we're willing to look at before this goes to the board. CHAIRMAN BRUET: If approved, it seems pretty straightforward as to what would have to take place if the applicant ever wanted to change the zoning. So it seems it's pretty well covered, to be honest with you. Is there any further questions or any questions of the petitioner? COMMISSIONER WRAGE: Just to be clear, we would be changing it to C-3, limiting it to the dinner theatre; is that right? CHAIRMAN BRUET: That's the way I understand it. MR. YOVANOVICH: No, C-3, which would allow the C-1 uses plus a dinner theatre. The only C-3 use that we want is the dinner theatre. MR. NINO: But before you make that decision, obviously you want to hear to see if somebody is opposed to this petition that necessitates them cutting that deal. COMMISSIONER DAVIS: Yeah, I was going to make the comment, I agree with Mr. Nino, it seems to me that the C-3 is just appropriate. CHAIRMAN BRUET: And just leave it at that. COMMISSIONER DAVIS: Yeah. COMMISSIONER TRAGESSER: Mr. Nino, question. What is the size of this parcel that we're talking about? IO1. IiX]lO: I believe it's .7. MS. STUDENT: I think it's .077 of an acre. ~. B~O: Right. Thank you, MarJorie. COMMISSIONER TRAGESSER: And as far as residential, the closest residential, according to this, exclusive of the nursing home facility, would be -- MR. NINO: Would be the Sharondale Apartments. Page 18 COMMISSIONER TRAGESSER: Would be the Sharondale Apartments, okay. Thank you. MR. NINO: To the north of the ALF, of course, is a residen[ial community. COMMISSIONER TRAGESSER: Okay, thank you. COMMISSIONER DAVIS: Mr. Nino, the bridge improvements %hat are currently occurring, would it be a fair statement to say that traffic patterns in that area are going to be improved by that construction? MR. NINO: Yes. A~nd I believe my staff report identified those improvements that will come about in terms of accessing this property. And that, in fact, it would be less of a nuisance to the residents. COMMISSIONER DAVIS: That little narrow bridge there, ' sat there trying to get out before, it gets pretty scary. CF~AIR/~ BRUET: It gets removed. COMMISSIONER OATES: You ought to have been there 25 years ago. CHAIR~ BRU'ET: Any further questions of the petitioner? If not, does anyone in the public care to speak to this issue? MR. SIESKY: Good morning, Board Members. My name is Jim Siesky, and I'm here representing Continental Health Care Properties, Inc. and Celebrity House of Naples, Inc. They're the two adjoining owners to the west and two to the north. it's kind of an unusual appearance, because usually you're coming just to oppose in general the application made by someone else. But here, we don't oppose the uses that they want to make, we just oppose the method of getting to that use. We agree they should be able to make C-1 uses, which is what they've represented that they wanted to make, as well as the dinner theatre. But what we object to are all the other C-3 uses and the potential that in the future this will not be the same board to consider these matters, it will not be the county commission that will consider these matters, will not be the same owner that will want to make the uses. We know this owner. We know this commission and board. We know that when we come to you and object in the future when they ask to make a different C-3 use you will say well, we had this meeting back in 1999, everyone agreed that it would only be C-1 uses and the dinner theatre. But five or 10 years from now that will be a long lost memory and everyone will say it's really a C-3 zoning, why did they limit it, why can't we let them make these other uses in the C-3 district? Currently the use as a dinner theatre has little traffic impact, because all the traffic is in the evening. If you permit other C-3 uses, we believe that the impact to traffic would be significant for ~his small parcel. Also, a C-3 zoning district has a height limit of 50 feet. The current limit in the C-1 district is 35 feet. That's significant. There's been some discussion with Ms. Student and counsel Rich Yovanovich to the effect that this may still be a nonconforming use. If that's the case, there's really no need for action by this board. They can still make the use as a dinner theatre. They can still make the C-1 usej tha~ they purl~ort to wmzlt. There re~ly should be no action taken at this time. We un~mretan~ their feeling o£ a need for speed because of Mx. Fisk's illness, but the neighbors have a need for security. And we believe that the extra effort to make either a PUD application or to go through with the analysis and determine whether this is a nonconforming use is the appropriate way to proceed. Page 19 If Ms. Student and the county determines that this is a proper known conforming use and grants a permit to use it, there's an estoppel. There will be no way that the county would then prevent the property owner from using it as a dinner theatre, unless again that use is ceased. In that case, they would have the C-1 uses that they can make to the property. We believe that this is really the wrong way to approach this. What the right way is is either -- actually really what the right way is would be a C-1 zoning with a conditional use. But you don't have a conditional use that you can grant for this property. Your only alternatives are then the nonconforming use or the PLrD, which we think would be appropriate. If you have any questions, we'd be happy to try to answer them. CHAIRMAN BRUET: Marjorie, do you care to address his theory any further than you have? I know you supported staff with your comments previously. MS. STUDENT: Well, my intent was to say that there are a number of alternatives. Quite frankly, I mean, I understand staff's position on tracking C-I, but there is a record, and the ordinance would state that if it was a C-3 it would be limited to C-1 and the dinner theatre and that would be in the record and they couldn't change anything without a public hearing. I understand again that staff has said there's some tracking problems, I guess, putting that on the zoning map or something. On a PUD, maybe staff could help about what the minimum acreage requirements are, and if a PUD would be available in this circumstance with less than one acre. I know we've done some small PUD's in the past. I don't know if it's still a Mobil station, but on Golden Gate Parkway, that comes to mind, that was a small PUD. So maybe staff could address that. MR. NINO: There's no minimal size requirement for a PUD that's in an activity center. However, we've never gone as small as .77 acres. Additionally, let's not lose sight of the fact that we're not simply talking about the dinner theatre. In the real world we're addressing whether or not it's appropriate to zone land in an activity center, C-3 surrounded by C-1. Forget the fact that there's a Naples Dinner Theatre there. It's the issue of land use. Is that an appropriate use of land? ~nd I suggest to you, this staff would recommend the C-3 zoning if that .77 acres were vacant today. CHAIRMAN BRUET: Thank you. COMMISSIONER OATES: Mr. Chairman, having gone to the dinner theatre in the 24 years that it's been there a number of times, I just don't really want to see Mr. Fisk's family have to go through a PUD for -- if he's -- if, as Rich says, he's not going to last probably that long to get through a PUD. I just think we should try to remedy the situation some other way. CI{AIRMAN BRUET: I think there's -- I have a feeling there's support for that. Commissioner Priddy? COMMISSIONER PRIDDY: I'm fully supportive of staff and the C-3, but, you know, if it makes life better. Does this cure your problem if we go to the C-1 to the dinner theatre? MR. SIESKY: Yeah. COMMISSIONER PRIDDY: I mean, all of the arguments are off at Page 20 6H 2 April 15, 1999 that point? MR. NINO: No, it would have to be C-3 but limited to C-! uses. plus the dinner theatre. COMMISSIONER PRIDDY: That's correct. MR. SIESKY: No, that does not cure my problem. My problem is then it's C-3 zoning, then we have to come in and argue later that the uses should not be expanded, whatever the uses are in the C-3 zoning is, up at some future point. COMMISSIONER PRIDDY: I guess my real question is, what's your next step if we go to the C-37 What remedies do you have? MR. SIESKY: I guess I don't understand your question. COMMISSIONER PRIDDY: If we allow staff recommendation for the C-3, the blanket C-3, that's not what you're wanting, but what are your -- what's your recourse beyond this meeting? MR. SIESKY: The same recourse as everybody else, go to the county commission. COMMISSIONER DAVIS: Ms. Student -- MR. NINO: Additionally, why not -- if you're satisfied that from a land use perspective C-3 is the correct zoning district, why not recommend that and let the board decide whether it wants to -- COMMISSIONER PRIDDY: That's what I'm thinking. COMMISSIONER DAVIS: That's a motion I'm prepared to make. Ms. Student, if we go ahead and act on this petition and then this board also makes an observation that in our opinion this is a valid nonconforming use, excuse me, and then the board -- can the Board of County Commissioners make the finding that it is a valid nonconforming use? MS. STLtDENT: We've never had anything come up that way. And I think before you do that, we'd have to have -- and I don't know if staff is prepared to address that issue right now. But look at the LDC. I'm not prepared to address it right now, because I just heard this theory advanced very late yesterday afternoon in the middle of a -- so I'm not really prepared to advise you. COMMISSIONER DAVIS: Thank you. When you close the public hearing, I have two motions for you, Mr. Chairman. CHAIRFJ%N BRUET: /'wo motions. MR. YOV.%NOVICH: And again, I just want to point out, we're prepared to address the neighbors concerns and give them whatever assurances. CHAIRMf~ BRUET: Okay. A_nd our discussion here would fit your needs -- MR. ~OVANOVICH: So far. CF~IR~ BRUI~T: -- if we went to the C-37 MR. YOVANOVICH: Yeah. CHAIRM~ BRUET: Anyone else care to speak to the issue? tf not, the public hearing is closed. COMMISSIONER DAVIS: I make a motion that we forward R-99-04 to the BCC with a recommendation of approval as presented by staff. CO~I~~S: Which ii then C-3, right? COMMISSIONER DAVIS: C-3 straight up, Just the way Mr. Nino d~acr:Li~I~l it. COMMISSIONHR PRIDDY: Second. CHAIRMAN BRU~T: There is a motion by Commissioner Davis, approved by -- seconded by Commissioner Priddy to approve R-99-04. Ail in favor? Page 21 April 15~ 1999 Opposed? (No response.) CHAIRMAN BRUET: Motion carries. COMMISSIONER DAVIS: Mr. Chairman, I'd also like to make a motion that this board make a recommendation to the Board of County Commissioners that this existing -- the dinner theatre be found to be a legal existing nonconforming use, and the effect of that being that then there would be no need for this petition. COMMISSIONER PRIDDY: You're using as your basis for that finding the fact that their occupational license has been in existence continually. COMMISSIONER DAVIS: Uh-huh. And all the testimony that I heard here today. COMMISSIONER PRIDDY: I would second that. CHAIRMAN BRUET: Just one moment there. The petitioner would like to make a comment. MR. YOVANOVICH: And I appreciate the motion. My only question is, how much time do we have to get back up and running and going so we don't -- so we have an appropriate factual pattern to know that we're not going to again have to face the abandonment issue. That's the only thing that's missing. COMMISSIONER DAVIS: In my opinion and with my motion, you've not abandoned it yet. So what's the issue? MR. YOVANOVICH: That's what I wanted to know. I didn't know if there's a time limit again. COMMISSIONER DAVIS: No. Because you have not abandoned it }'et. CHAIRMAN BRUET: There's a motion by Commissioner Davis, if we can get this right, to get the board to establish that the dinner theatre is a legal conform -- not legal non-existing nonconforming use, seconded by Commissioner Priddy. All in -- COMMISSIONER DAVIS: Excuse me, before you vote, the point of that is, is that gives some time for some looking around to be done, and who knows, this may solve the whole problem, it may not, but at least it's on the table. MS. STUDENT: i just want to say, I appreciate that, because i was going to say before this gets to the board, this is the thing that we're going to look at before it gets to the board and talk with staff and everything. Mr. Nino wasn't in the office yesterday but I did talk to Mr. Mulhere about this, so -- COMMISSIONER DAVIS: At least the opportunity will be there and this seems -- if it works, it's a great simple solution either way. COMMISSIONER BUDD: Covered either way. COMMISSIONER WRAGE: I understand then by this motion you're saying this board considers this first, and if they don't come to a positive conclusion, obviously the recommendation is back to the -- COMMISSIONER DAVIS: I'm going to rely on Mr. Yovanovich, when he gets to the board, to -- he's going to be in the loop on this, and if it is a viable solution, I'm sure he'll see to it that he pursues whichever makes more sense for Mr. Fisk. CHAXRMAN BRUET: Once again, the motion is out there. It was approved -- seconded, excuse me. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Very good motion. Final agenda item. COMMISSIONER OATES: Mr. Chairman, I don't seem to have my packet Page 22 April 15,J'1999 for this particular agenda item. Do we have a spare CU sheet? MR. NINO: CU sheet? CHAIRMAN BRUET: While they're picking that up, we'll move forward. I'd like to hear petition CU-99-4. And this being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIRM3%N BRUET: Chahram. MR. BADA/~TCHIAN: Good morning, Commissioners. Chahram Badamtchian from planning services staff. This conditional use has been initiated by the Board of County Commissioners. On Third Street West, Bonita Shores area, there are several lots which are real small, and they were platted tot boa~ docks. They were platted in '66 for boat docks. However, the zoning ordinance of 1974 prohibited boat docks without single-family housing first. In 1989 or '88, I forgot the date, a conditional use was approved for the lots on the north side of the road to align the boat docks there. However, that ordinance -- that ordinance did not include the southern portion of the street. This is basically to allow lots on the south side of the road to build boat docks like it was a lot for the lots on the north side of the road. There are existing boat docks. Over the years, the Building Department has issued permits for the boat docks, believing that the south side of the road had also conditional use. Staff has received several letters, all of them are in favor o[ this request. ;%nd one of the property owners, Mr. Davy, sent some letters around asking for support, and he also asked people to support reduction of the setbacks and grandfathering in of all existing structures. On that, I had the property owner come into the office. She opposed that. I received a letter in favor of it. And last night Ms. Emily Maggio gave letters of opposition to Ron Nino, which he's handing out to you. Ms. Maggio is in favor of this conditional use, but she does not want any setback reduction. Staff recommends approval of this conditional use. But reduction of setbacks or grandfathering in of all nonconforming structure is not part of my recommendation. COMMISSION-ER OATES: That isn't a part of the recommendation that was initiated by the county commission either, is it? MR. B/%DA~MTCHIAN: No, it was not. It's just a request from Mr. Davy, one of the property owners. COMMISSION-ER DAVIS: Chahram, would you be opposed to the grandfathering in of permitted existing structures? MR. BADAMTCHIAN: No. I mean, what is permitted is permitted. Some people, they build docks without permits. And some of them, they didn't build according to the permits. That's what they are talking about when they are saying grandfathering in. COMMISSIONER DAVIS: So a permitted structure would be grandfathered in. MR. BADAMTCHIAN: Permitted structure would be grandfathered in, provided they had the final CO, final occupancy or completion. CHAIR~ BRUET: The existing setbacks, Chahram, can a person build a dock, an adequate facility? MR. BADAMTCHIAN: The lots are like 20 to 25 feet. Side setbacks are seven and a half. Page 23 CHAIRMAN BRUET: As if it were for a structure, a home? MR. BADAMTCHIAN: Correct. A/Td on the north side, most of the lots are -- contain a dock. And they all have seven and a half feet setbacks. So does on the south side, except for, I believe, two or three docks. All others, they have seven and a half feet setbacks. CHAIRMAN BRUET: A.nd the width of these little lots, on average, that's seven and a half and seven and a half, that's 15 feet they can't use. What do they have left to use? MR. BADAMTCHIAN: If it's 25 feet wide, so they have 10 feet CHAIRMAN BRUET: So you could park a car and then walk out to your dock. MR. BADAMTCHIAN: You're talking about the size of the lot? Yeah, they are like 25 by 20 or 25. CHAIRMAN BRUET: I haven't been by there, but it's been awhile. MR. BADAMTCHIAN: Yeah, you park your car and you walk to your dock. MR. NINO: The problem here is, if you adhere to setbacks you're only going to be able to park one boat as opposed to two boats, and most people are trying to accomplish two boats. And -- MR. BADAMTCHIAN: If I may, boat itself does not usually require a setback. Boat is not a structure, it's a vehicle, it moves. The dock itself requires a setback, or pilings require setback. You know, if -- MR. NINO: If they put in a boat lift -- MR. BADAMTCHIAN: Like in a single-family house, you can park your car anywhere you want to, but you can't build a garage anywhere you want to. That's the difference. CHAIRMAN BRUET: Any questions of staff? COMMISSIONER TRAGESSER: I Just had a -- you know, if we stick to the setbacks that we've assigned to these properties via our existing codes, then it will still accommodate the mission of the landowners? MR. BADAMTCHIAN: Yes. COMMISSION THAGESSER: Okay. Thank you. MR. BADAMTCHIA/g: And I also have some concern about the vehicle they are trying to use to reduce the setbacks, the set conditional use application. D~nd usually to reduce the setback, you need a Yariance application. I don't know if the conditional use can accomplish that. Maybe Marjorie can help us. MS. STUDENT: I'm sorry, would you repeat that, please? MR. BADAMTCHIDdg: This is a conditional use application and some people are asking us as part of this condition use approval to reduce the existing setbacks. Would that be possible, or we need a variance for that? MS. STUDENT: I think you need a variance. CHAIR/W~%N BRUET: So a petitioner could handle it in that way. MS. STUDENT: Yeah, conditional uses deal with land uses. And variances deal with performance standards in the code under the land use. CHAIRMAN BRUET: Any further questions of staff? Anyone in the audience care to speak to the issue? MR. NINO: We have Robert Davy and a Douglas Wall. MR. DAVY: My name is Robert Davy. I'm one of the property owners down there. Good morning. I've got a couple of charts here, if I could put them up. Would that be okay? C~IAIRFu%N BRUET: Certainly. Before you start, sir, would you Page 24 April 15, 1999 oh, go ahead. MR. DAVY: Mainly what I wanted to do -- somebody said something before I started. CHAIRMA/g BRUET: If you could just point out where you live on any of those maps. MR. DAVY: All right. I have a lot here. COMMISSIONER OATES: Hold the mike up to your mouth. MR. DAVY: It's on, right? CHAIRMA/g BRUET: Thank you. MR. DAVY: I own Lot 6 right here and I also own Lot 4. This is the property we're dealing with today. And that's also here, are those lots. This is the other lot on the north side of the road. A, nd how it relates to the surrounding properties, the nearest residences are here, over here, here. This is Back Bay Marina, and of course, Hickory Harbor Condominiums here. Bonita Shores Boating Association here. What I've done is, I've highlighted the -- in yellow the lots that currently have -- on both sides of the streets that currentl}' have boat docks, lifts, pilings, boat ramps and that sort of thing that have been put in over the years. And with and withouL permits, might add. Way back in the '60s. And these all that are highlighted here currently have something that is within the setback areas, okay? It might be a boat ramp, a boat lift, a dock, all within the setbacks. And that would be on either side of the road. So I guess it boils down to what I'd ask you to consider doing, are three things: Number one, approval of this resolution for the following reasons; A, there was an oversight back in 1987 as brought forth by staff. These lots were not included when the north side lots were granted conditional use back then. And B, the very nature and size of these lots are the same as on the north side of Lhe stree%. And C, a majority of these docks are currently in use as boat dock lots. Number two, I'd ask that you recommend planning to amend the resolution to eliminate the need for the residential side lot seLback reqn/irements in both lot block and -- I'm sorry, both Blocks G and H, for the following reasons: A, these lots on the average are only 24 by 30 foot wide and about 30 to 35 foot in depth and cannot be used for any kind of residence due to their very nature. They're not really what you call residential lots, I believe. The majority of these lots, seven out of 10 of them, on the south side of the road currently have docks, boat ramps, cement slabs, mooring or lift piles, decorative benches, and that includes both sides of the street. I've got some of that in here. And the majority of them are within the side setback requirement as required for a normal residential lot. Okay. A/%d C, if this is not done, it could result in lot owners being required to pay, what I understand is, an $850 after-the-fact application fee for items that are currently in place, and in most cases were in place when the lots were purchased. This doesn't seem reasonable to me. D, currently if a dock, for instance, is located in the center of your lot and a mooring piling is needed on either side of that dock to stabilize your boat, you have to make application for a variance just to put something in there to keep your boat from banging against your dock, and that fee is a $425 fee. I don't think that is reasonable, Page 25 April 15, 1999 either. The Planning Department had indicated to me, and this is the first I knew about it today, that they objected tc this. Right along they've been telling me that if I brought this up, and that's why i'm here, that they would support that, so -- COMMISSIONER OATES: Mr. Davy, I don't know whether '£ou heard the county attorney person say that this is not the appropriate place for a conditional use. This is a conditional use. And the variance, if you want to variance, it needs to be done at another time and come back with a variance on that. And this is really not appropriate, ! don't think. MR. DAVY: For that portion, it is. MR. NINO: Excuse me, there is another way o~ doing this. If what Mr. Davy says is true -- and we don't know, we don't know if there are the nonconforming lots out there that he alleges ~here are. But if there are a number of them, then all these owners could together and petition the county to amend the Land Development Code to provide for this kind of -- COMMISSIONER OATES: Yes, but that's another project. That's not a part of this conditional use is what my point was. MR. NINO: That's right, that's right. But that avenue does exist. This is a kind of a unique area. It wouldn't -- 'fou know, wouldn't be inappropriate for the Land Development Code in the dock section to provide for this kind of an area where primary structures -- primary residential structures aren't going to be built, that the side yards would not apply. But that would require a pe5ition on behalf of the collective owners to amend the Land Development Code. And that's -- as opposed to each one of them applying for a variance. MR. BADAMTCHIAN: Just a clarification. I'm not opposed to the reduction of the setbacks, it's just not part of my recommendation. Just say that I told them that I was in favor of it and now I'm sa}'~ng I'm opposed. I'm not opposed, if it's for all the lots. I would have a problem if the variance was for only one lot or two lots. COMMISSIONER OATES: But my point is, the county attorney has already told them that this is not the venue. MS. STUDENT: You can't do it in this proceeding. It can be ~ione as Mr. Nino stated -- COMMISSIONER OATES: There are other methods to doing it. MS. STUDENT: -- or it can be done as a variance, but you can't legally do it here. MR. DAVY: I was under the impression that it could be done here. And I got that direction from planning. COMMISSIONER OATES: Well, you just heard the county attorne?', what she said. MR. DAVY: All right. I understand. The other thing that I'm asking here, and I'd like to get it on the record here, I'd ask that you recommend that the items that are already in place on both sides of the street, because I don't want something for one side without the other side, because it's all basically the same thing, is that you grandfather in the items that are already there that have been in there over the years, some put in with permits, some put in without permits. I don't know which is which. And Just for the following reasons, I guess. A, is, as I point out -- COMMISSIONER OATES: Mr. Davy, excuse me, but you -- apparently you're not listening to what the county attorney has to say. Page 26 April 15, 1.999 MS. STUDENT: This is a hearing for conditional use and nothing else. And you can raise all these concerns, but if you want the county to do something else, you're going to have to do the appropriate petition. This is not the forum in which to deal with that. MR. DAVY: Well, I guess that's about all I've got to sa,:', if i can't finish this. CHAIRMAN BRUET: Thank you. Next speaker, please? Anyone else wishing to speak, if you could line ,dp along the 'wall so we can move through this timely. Please state your name. MR. LONGHORN: Robert Longhorn, from Bonita Springs. i own Lot 8 and Unit 3, which you're talking about which it's a 30-foot lot, and I bought this back in the 1970's. If I'm out of order talking, what I'm saying, just tell me. But my -- and my lot is 40 foot wide, so that gives me a 13-foot setback on each side. And when I bought this lot in 1970, it already had this boat dock on it. I've done some repairs to the lot. Some of the pilings have rotted out and I replaced the pilings. And I'd just like to have mine grandfathered in. Because it's just -- i think it meets the requirement of the setback. And the lots, when I bought it, and I don't remember the exact year, but it was in the early '70s. And at that time, it already had this dock on it. Whether there was a permit pulled for this dock, I don't know. But I have done some repairs on it and added some -- when the pilings rotted out, I did repair the pilings. That's all I have to say. MS. STUDENT: I'm going to state again, grandfathering -- and this is not the place to decide this issue. And the lots may or may not be legal nonconforming uses, and if permits were pulled and they were pulled in error or -- and they're not in accordance 'with the code, that's a code enforcement problem. And i don't know that the board just wants to grandfather things in when people just go do permits and they may not be in violation of the code. We don't just do that. We don't grandfather things in unless the code already has a provision and that permits it. And again, this is not the proper place. The place to deal with that is with planning. And quite honestly, we don't have a procedure for just grandfathering things in, unless the board 'wanted to amend our land code to allow for it, and it would have to be, you know, everything. And that would depend on whether the Board of County Commissioners wanted to do that or not. MR. NINO: May I ask a question? Is your dock on the south side? MR. LONGHORN: Yeah. MR. NINO: Let me suggest to you that this hearing, if approved, will accomplish one major objective and that will be one, to make your dock legal in the first place, to make its placement, to make the fact that you have one legal. However, in the event it deteriorates and you have to reconstruct it, then you're going to perhaps need to relocate it or seek a variance. But you will accomplish something today by an affirmative action of this commission, and that will be to acknowledge that docks can be on the south side of the road. So you should take some solace in that. MR. LONGHORN: Well, I'm not here, you know, kicking anything, i just really heard about the meeting a few days ago, and I come down Page 27 April 1'5, 1999 because I do have a boat lot on that side. And i was just, you know, telling what -- my dock in particular, the specification of it and all. And I thank you. CHAIRMA/q BRUET: It would appear that your -- assuming this gets passed, the conditional use, you're safe until 'you need to rebuild your dock. MR. LONGHORN: Well, not really. I just think that the dock's all right, because I have already repaired the dock and I put four more pilings down on the ones that had rotted out. So 'what i might have to do is add, you know, another two or three -- CHAIRMAN BRUET: Then you need to file a permit and go through the process. MR. LONGHORN: Thank you. CHAIRMAN BRUET: If anyone else wants to talk to the same issue, I hope we've made it clear at this time. If not, if you have something to talk about the conditional use, I'd be glad to hear from you. MR. WALL: Well, I just want to -- my name is Doug Wall and ' live in Bonita Shores. I've got a dock out on the north side. And i just think everybody should be able to have a dock lot -- or a dock on a dock lot down there. I just think they should conform 5c ~he rules. I couldn't go out past 20 foot on the north side without a variance. If I go to get a variance, I've got to pay for it, you know. And the side setbacks, they're in the rules. I think they should be conformed to. CHAIRMAN BRUET: Okay, we've addressed that issue. Thank you. Yes, sir? Okay. MR. BOSWELL: Good morning, commissioners. My name is Jim Boswell, I'm a resident on Third Street. I'm clear on the issue here. Obviously we were all told through the Planning Department that this was the venue -- or the forum that we could present the -- our issue on the zero lot line portion of this. I won't go into that, because you've already made it clear. I just -- the frustration level here, I just wish that 'we would have had good counsel from the Planning Department that this was not the forum in order to do this. But I would just like to say that the setback is an issue that's going to be coming up. It's something you're going to want to have to think about it. The county has for a long time turned a blind eye to this small little dot in Collier County, and now that it's a ~horn in their side, it needs to be addressed. And we need to put the issue to rest. I think that's why the grandfather's coming in to play and all that, because a lot of things have been done here with or without permit that have exceeded the uses of the land based on what the RSF code is. CHAIRFu~N BRUET: I think they've made it clear as to 'what you need to do. MR. BOSWELL: Okay. CHAIRMAN BRUET: I'm sorry about the misunderstanding. MR. BOSWELL: Thank you. Yes, sir, step right up. MR. TRUE: My name is Donald True and I own lot number seven on the said project. CHAIRMAN BRUET: On the south side or the north side? MR. TRUE: On the south side. And I'm adjacent to Mr. Davy. When these lots were constructed or platted by Mr. Walker, these Page 28 April 15, ~ 999 lots were put in for the purpose for people to launch their boats on. And that was the -- it was set aside by Mr. Walker 'when this was developed for that purpose. And the people that bought these lots, that was solely their intention. And at that time, Go our knowledge, there was no stipulation of setbacks or whatever by the county 'shat 'we had to do, so -- CHAIRMAN BRUET: Again, we're not here to discuss that. i can't make that any clearer. Please. MR. TRUE: '~ understand, i heard the attorney, i know what' ~ she said. CHAIRMAN BRUET: All right. MR. TRUE: I would like to go on record that we, the people own these lots, maintain them and keep them in good working -- a gccd condition. They're not an eyesore to the community, and i can't see why anyone would have any objection to our boat lou docks, because it's -- it has no harm or it doesn't do anything to disrupt the use of the other people and their neighbors, you know. So i would like the zoning -- or i'd like your support on the -- ! know we can'~ get the grandfather, but we can have permission to have a dock, so i'd appreciate your support on that. Thank you. CHAIRMAN BRUET: Thank you. Anyone else care to speak to the issue? If not, ~he public hearing is closed. Pleasure of the board. COMMISSIONER DAVIS: Mr. Chairman, I'il make a motion we forward CU-99-04 -- who is it -- to the BCC, with a recommendation of approval as per staff's stipulations. COMMISSIONER BUDD: Second. COMMISSIONER DAVIS: And I would like to just ~- and with tha~, send along a comment that if the board is inclined ~o approve ~his conditional use, that they might want to consider directing staff take a look at the LDC as far as lot lines are concerned. CHAIRMAN BRUET: Good motion. There is a motion by Commissioner Davis, seconded by Commissioner Budd to approve CU-99-04 as stipulated by staff. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Ron, do you want to discuss the handout on the LDC amendments? MR. NINO: Oh, well, next Wednesday at 5:05 I hope you'll ali be here. Your homework is in this package. I don't think you're going to find anything here of any great substance, quite frankly, with one exception in terms of level of controversy. You'll note that we heeded the County Board of Commissioners' direction to amend -- to propose an amendment to the code that would allow landscape designers as persons qualified to prepare landscape plans. I understand that that's going to be very much -- well, it was opposed by -- the DSAC, the DSAC sub-committee, and the EAC all have gone on record as opposing it. And obviously the landscape architect's association will be here making a presentation to you. COMMISSIONER OATES: I have already received a fax from Mr. Bruce Rankin. CHAIRMAN BRUET: Yes. MR. NINO: So did Mr. Pelletier. So that will be a complicated item. Otherwise, I think you're going to find them pretty harmless. COMMISSIONER OATES: That is if we have a bullet-proof vest on. COMMISSIONER WRAGE: True optimist right there. Page 29 April 5, 1999 COMMISSIONER PRIDDY: Ron, did -- let me make this clear, because I think I made the motion and I think it passed before to allow the landscape people to be able to do that. But something different happened at the County Commission level, and I think since then some state legislation has taken place. MS. STUDENT: Well, what happened, it was nurserymen initially, not landscape designers. And they claimed that under the statute, which is a licensing statute, and -- that they should do -- they can do landscape plans, which the law talks about planning plans. And then the legislature made a further amendment, again, a licensing law, that allows a new profession of landscape design, i think to do essentially what the nurserymen do, which are planning plans. And I think for the purposes of this office, since that's a licensing law, the board can make its design however they wish and lay aside -- let each side go on record to support it however they might, but -- COMMISSIONER OATES: I see Mr. Constantine appointed Mr. Pelletier to one of his committees so I'm sure ~- MS. STUDENT: He's on the urban fringe committee. CHAIRMAN BRUET: Well, it's an issue we've beat to death, but I guess it's still out there again, and we have to go wade through it and -- COMMISSIONER PEDONE: How many years has it been now that CHAIRMAN BRUET: This is at least -- I'd say this is the third year. COM~ISSIONER PEDONE: Shouldn't he have gotten a degree in landscape architecture? CHAIRMAN BRUET: That's what I suggested he do. COMMISSIONER OATES: That's what Wayne Hook said, he could have gone back to school and gotten his degree in a lot less time. CHAIRM3%N BRUET: Yeah, I made the same comment. If he'd put forth the same effort, he would have been a professional by now. Regardless, if you also notice, that staff has included a little agenda for the joint city/county planning commission meeting on the 30th at City Hall. That was very good. COMI~ISSIONER DAVIS: I saw Jim Rideoutte yesterday. He assures me the donuts will be fresh. CHAIRM3Ug BRUET: Public comments. Clay, do you have any -- you're the public today. Discussion of addenda, and we've done that. And i guess we will -- oh, excuse me. MS. STUDENT: Mr. Chairman, just as an aside to the DLC amendments, it is possible that I may not be in attendance at the Wednesday meeting of the Planning Commission because of having to possibly be out of town. However, there will be another person, Marni Scuderi, from my office who's our backup that will be in attendance for me so -- if that happens. So I just wanted to let you know that. C}{AIRMA/g BRUET: As astute as present counsel? MS. STUDENT: I beg your pardon? C]{AI~ BRUET: As gifted as present counsel? MS. STUDENT: Thank you very much for the compliment, and I believe so. C~{AIRMA/g BRUET: All right. Thank you. We're all adjourned. There being no further business for the good of the County, the Page 30 April 1 , 1999 meeting was adjourned by order of the Chair at 10:15 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL J. BRUET, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, RPR Page MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of Coun!y Con~. issioncrs Ramiro Mafialich, Chief Assistant County Allomcv April 28. 1999 Approved Minutes of the February 25, 1999 and March 25, 199'? N4ccting~ oF the Hispanic Affairs Advisory Board Please find attached lhe approved minutes of tho tlispanic AFFairs Advisory Board meetings which xvere held in February and March of 1999. IF you have any clt~cstions, please do not hesitate to contact me. RM/kn attachment cc: David C. Weigcl. County Attorney IilSPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING of February 25, 1999 at the Board of County Commissioners Commission Meeting Room. Naples. Florida PRESENT: ABSENT: Frank Rodriguez, Chairman, HAAB Dora Vidaurri, HAAB Member Pete Cadc, HAAB Member David Corrca, HAAB Member Kate Warner, HAAB Member * Frank Loncy, HAAB Member (arrived at 7:45 P.M.) Ramiro Mafialich, Chief Assistant County Attorney and }IAAB Staf.f. Liaison Member The February 25, 1999 meeting of the Hispanic Affairs Advisory Board of. Collier Cotmtv commenced at approximately 7:08 P.M. There was a quorum of' five (5) in attendance with Frank I.oncy arriving at 7:45 P.M. Also present was Fayc Rcddick and Maria (73rimaldo. applicants who are seeking appointment to the Hispanic Affairs Advisory Board. A motion was made by David Correa, seconded by Dora Vidaurri, and a unanimotzs vote ,,vas made to approve the minutes of January 21, 1999. The Board interviewed tlAAB applicant, Fayc Reddick. Ms. Rcddick inquired regarding thc activities of the HAAB. The members and liaison, Ran'tiro Mafialich, described thc activities and projects of the Board. A discussion was had regarding the community attitudes toward thc HAAB as well as toward non-Hispanic board members. Thc members mentioned thc Naples Community Hospital alleged foreign language rule as an example of an HAAB project in thc past. Ms. Reddick indicated she was raised in Arizona and had a multi-cultural expericncc growing up in Tucson. Kate Warner made a motion to recommend Ms. Reddick, as ,,,.'ell as applicant, Maria Gfimaldo, for appointment by the Board of County Commissioners to thc HAAB. Pctc Cacte seconded and a unanimous vote orS-0 occurred in favor of the motion. Frank Loney arrived at this point in the meeting. The I4AAB considered elections of its officers. A discussion was had between lq. ate Warner and Da,.'id Corrca as to wlmthcr or not to elect new positions no,,,.' or defer thc clcctitms tmlii after expiration of Chairman Frank Rodriguez' tenn. A discussion then occurred regarding expiration of HAAB tcrn~s. Liaison, Ran'tiro Mai'mlicb, suggested th:l! mentions 1, c made votes taken for each position. David Correa nominated bimscl[' IBr Chairnmn with a second Dora Vidaurri. Frank Rodriguez mentioned that he was interested in nominating K. alc \Varncr its Chairman. A discussion then occurred between David Corrca and Kate Warner regarding their respective interests in being named to thc Chairman position. A ,.'otc was had rcgardin~ the motion for David Correa to be named Chairman. and the motion fatted on a 3-3 vote with David Corrca, Pete Cadc and Dora Vidaurri voting in favor of thc Dora Vidaurri made a motion to defer ttlc clcction of tile Chairman un~il the April. 1')9~) meeting. This motion ,,,.'as seconded by David Corrca and thcrc ,,,,'as a unanimt)t~s '.'Otc ol' (~-() in I':~x't,r of thc motion. Dora Vidaurri made a motion to nominate Frank Loney as \"icc ('hairmzm. Kate Warner seconded the motion and a unanimous vote of 6-0 occurred in favor of the motion. Maria Grimaldo initiated a discussion regarding scholarships and social security ttispanic students. Dora Vidaurri indicated that she would assist in ct~ntactinM cduc:ltioi~ regarding the topic. Liaison, Ramiro Mafialich, reminded the members that they wcrc indix'idually inx'itcd to attend the Diversity Dialogue to be presented by tile Association of Univcrsitv Women with thc } i:\,.\B as a "cooperating organization." Frank Rodrigucz mentioned that there is a first time borne buvcrs class for l tispanics ax'ail:~hlc. Itc distributed materials regarding that topic. At this point in thc meeting Frank Rodriguez had to leave thc mcctin,.2 and x.;icc-('h:~irnaan t:r':mk Loncy took over running thc meeting. Liaison, Ramiro Mafialich, had a brief and infomlativc discussion wilh thc members rc~ardin~ the applications of thc Sunshine Law. Kate Warner presented a discussion regarding the absences policy. Sl~c essentially proposed that there be a 2 day notice in advance of the meeting lo the Liaison before the meeting x,.'itt~ an exception for emergencies. The HAAB, as a Board, would decide il' any excuse given by a member for an absence was satisfactory. Dora Vidaurri made a motion to approve Kate Wamer's absence policy as follows: In order to have an excused absence, all Hispanic Affairs Advisoo' Board (HAAB) members must notify the Liaison no later than 5:00 P.M. two business days prior to any scheduled HAAB meeting. The Liaison will then report thc contact that was made by the absent member at the next }tAAB mccting and thc Board will decide if the excuse is satisfactory. In addition, un[~orcsccn emergencies that do not permit two business days notice arc eligible for a board vote of excused absence. The motion was seconded by Frank Loncy and a unanimous vote of 5-0 in favor of thc motion occurred. Dora Vidaurfi mentioned that at the next agenda she would need to bring up problems with thc sidewalks in Immokalee. The meeting of the Hispanic Board adjourned at approximately 9:02 I'.M. Prcpared by: Ramiro Mafialich, Board Liaison Approved by the Hispanic Affairs Advisory Board on 25® Day of March, 1999. Frank Rodri'~uez ha' Hispanic Affairs Advisory Board HISPANIC AFFAIRS ADVISORY BOARI) MINUTES OF MEETING of March 25, 1999 at the Golden Gate Community Center, Naples, Florida PRESENT: ABSENT: Frank Rodriguez, Chairman, HAAB Pete Cade, HAAB Member David Correa, HAAB Member Kate Warner, HAAB Member Frank Loney, HAAB Member Maria Grimaldo, HAA.B Member (arrived at 7:45 P.M.) Faye Reddick, HAAB Ivlember Ramiro Mafialich, Chief Assistant County Attorney and HAAB Staff Liaison Member Dora Vidau:Ti, I{..\AB Member The March 25, 1999 meeting of the Collier County Hispanic Affairs AdviseD' Board (HAAB) commenced at approximately 7:07 P.M. A quorum of' seven (7) were present with Nlaria Grimaldo arriving at 7:45 P.M. The minutes of the February 25, 1999 meeting were unanimously approved upon motion oF David Correa and second by Frank Loney and Kate Warner. The HAA.B welcomed Faye Reddick as a new member. David Cocrea emphasized the need to have ne:,,' members keep an open mind as to Hispanic view points. Frank Lone,,' stressed the multi-cultural aspects of Collier County. In response, Faye Reddick described her multi-ctfltural background in Texas and Arizona and said that she would keep that same perspective as a member of the HAAB. The members agreed to reserve until the next meeting a determination of whether Dora Vidaurri's absence would be excused. Kate Warner made a motion to amend thc Fcbruar,,' 25, 1999 minutes to reflect the attendance policy which she has previously faxed to Liaison, Ramiro Mafmlich. A second was provided by Frank Loney and the ','otc was unanimous to approve tine amendment. "1 6 H 2: Ramiro Mafmlich provided advice reearding, the Stmshine La,.,,' and the Di,.'ersit,. sponsored by the American Association of University Women. Kate V',;amer susgestcd that the white population of thc Collier Count.',,' community should be made aware of this e','ca: and that the Board members should notify those ,.,,'ho might be interested in attending..,. Frank Rodriguez reported that he had conferred with Chris Straton rcgarclin5 ti~c upcomin>.., Diversity meeting. Frank stated that it ',,,'as his belief that the problems of diversity silould be discussed but that also specific efforts should be made to highlight the values and benefits to tile community, and the economy of diversity. Frank shared with Ms. Straton information from thc private sector (specifically Wachovia Financial Corporation and Sarah Lcc Corporation) regarding efforts to recruit diverse talents. Frank reported that thc private sector is statinL, that diversity is the future. Frank suggested that the Board of Count,.' Cornrnissioncrs should exposed to these concepts. Kate Warner suggested also that the Board of County should promote diversity through a policy just as the School Board has formulated a policv the subject. Frank indicated that the Sheriff has established a minorir,,' task Force a::d he wondered whether some of the reduction of the crime rate was in part duc to tile hirin::.: et' minority officers. David Con'ca thought that la,,,,' enforcement c,cibrts ,.'.'crc c,..','-tainlv the presence of minorities on the force. Maria Grimaldo arrived at this point in the meeting. Additional discussion regarding diversity included the following: [:r:tnk Loncv stressed the r:ced to promote and enforce diversity through action; Kate Warner and David Corrca mentioned the tt.~d3's action with Naples Community Hospital regardin~3 an alleged rule prccludin,2 use of forei~ languages was a ve~ positive step. Maria Grimaldo commented that there is a need for respect for all human back.grounds and tl',at all people should work together instead of conflicting. Knowled~4e should be shared. Pctc Cade observed that the flip side of the diversity issue is that Hispanics also do and should ir:corporat~ English and white culture into their way of life. Kate Warner su.~cs:ed that tile diversity topic should be shared with thc Black Affairs Adviscry Board. She sug,:~cstcd that perhaps a policy about diversity could be developed on a community wide basis and not just witi~in thc CF)[tIltv structure. Ramiro Ma~alich mentioned that Bob Fernandez, County Administrator. and Jennifer Ed'.v?.rds. Human Resources Director, are resources that the HAAB could usc For inforTnation regarding diversity within Collier County and specifically Collier County Government. It was the consensus of the group that diversity is the next generation beyond afftimaativc action and car', affect many aspects of the minority community in Collier Count.,,'. A motion was made bv Kate Warner and seconded by David Correa to invite the Human Resources Director and tile Counr~' Administrator to appear at the April, 1999 HAAB meeting to discuss diversity in Collier Coumv. A unanimous vote was had in favor of the motion. David Correa made a motion to set the election for the Chairman for tile May meeting. Frank Loney provided a second and the vote ',vas unanimous in favor of thc motion. Frank Rodriguez mentioned that he has been on the Board of the Micro Enterprise Program. He mentioned there is a need for a liaison from the Hispanic Board. Thc Progran~ qualifies small business loans for low and moderate income people. The Program also trains individt~als by providing them financial and business skills. It is a non-profit program. Kate \Varncr agreed to serve as a liaison to the Pro~am. Kate Warner provided a report regarding the School Board Diversity Task Force. She mentioned that there had been three meetings and that they ,,','ere looking at diversity policies from other jurisdictions. Kate observed that more Hispanic courses arc needed in thc edtxcatioraal curriculum. The next meeting of the Task Force is schedulcd to address foreign l:mguagc learning in the schools. Frank Rodriguez observed that there is a new proposer requirement regarding two other languages beyond English as part of the graduation courses. At this point David Correa and Maria Grimaldo expressed concern regarding the possible selection of Dr. Dan White as School Superintendent and whether his admi~qistration wet, Id pursue a foreign language curriculum. Frank Rodriguez commented that there is s:ate and local support for foreign language teaching in the public schools but that he is not sure how that will be implemented. He thought that there are many qualified bilingual teachers around the nation available to teach such a curriculum. Kate Warner commented ti'mt Dr. Snow from the School District heads a committee that is heavily recruiting minority teachers. The problem appears to be that minorities Gad thc environment to be hostile. The comm{ttee is tr2,,'ing to create community sources to bc friends to those ,,,,'ho are recruited if they move to the area. Frank Rodrigucz thought th:it there was als~ a need for a change of approach and a more positive attitude toward lbrcign language instruction starting at the top of the school administrative structure. He thought that the Committee si:ould seek public input and meet at different locations. David Correa requested ti'mt Kate Warner inquire about the fixte of Dr. Cardona at the Committee's meetings. Frank Loney emphasized that he wanted in support of Dr. Cardona and his situation with school adrninistration. 5. laria observed that she thought that Dr. Cardona's plight ,.,.'as part of thc diversity issues that tiao Hispanic Board should be concerned with. Kate Warner reminded the HAAB members ti:at there had been a proposed letter to the Board in the past regarding the Cardona situation and that there possibly could still be some action on the matter in a way that comports v.'iflq the governing ordinance. The members discussed items for the next HAAB agenda Frank Rodrigucz stated that regarding the Cardona incident, there is a need to propose solutions to the situation. The meeting of the Hispanic Board adjoumed at approximately 9:04 P.M. Prepared by: Ramiro Mafialich, Board Liaison Approved by the Hispanic Affairs Advisory Board on~55~-~'Day of April. 1999. Frank Rodr~t_~2hai4an Hispanic Affairs~s'Bry Board 4 ~. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF MINUTES 4. LANDscAPE MAINTENANCE REPORT: 5. LANDSCAPE ARcHITEcT's REPORT: . 6. TRANSPORTATION SERVICES REPORT: . 7. OLD BUSINESS: . 8. NEW BUSINESS: . 9. PUBLIC COMMENTS: 10. ADJOURNMENT: The next meeting will be held on Community Park. HAY lq 1999 May 19,, at 5:00 p.m. at the Immokalee Carter intniokalee Beautification/Idviso;)' Committee Mcc/m,~ u! ..Ipri[ 21. 19V'~ 1, The Immokalee Beautification MSTU Advisory Committee Meeting of 4/21/99 was called to order at 5:10 p.m.. 2, ROLL CALL: Members present were Rita Avalos, Cherryle Thomas, Denise Smith, Dorcas Howard. Also present: Charles Buckley, Commercial Land Maintenance, Dan DeCesare, Transportation Department Landscape Operations, and Mike McGee, McGee & Associates. 3. MINUTES of the March 17, 1999 meeting: There were no minutes from the March 17, 1999 because the meeting was canceled. 4. LANDSCAPE MAINTENANCE REPORT: Chuck stated that they found a couple breaks on island number 1. Next week they will doing some heavy pruning. There was a discussion of lhe trash can pick up. Chuck will still pick up the litter, but the responsibility of the cans has changed to Road and Bridge. 5, LANDSCAPE ARCHITECT'S REPORT: Mike McGee said that considering the dry conditions, things appear to be looking good. Dan DeCesare said that the tree grates would be replaced as soon as Road and Bridge had a chance to get to it. Denise Smith asked that a request be issued that the grate be replaced before the next meeting, Dan DeCesare said he would follow up but he had already made a call. Mike McGee said that there may be a little plant replacement. There was a discussion of whether the replacement plants would be less expensive then the original cost. Placing cactuses was discussed in these areas, though Mike said he would not recommend this. Chuck discusses some areas were there was a problem replacing landscaping because of foot traffic. Mike recommended that the replacement be done at some point and not be ignored because it will just get worst. Mike sited a place in #1 and in the front and back end of the juniper. Mike said this would not grow over in time. Denise moved that Chuck replace the bare spot be replaced within the nest thirty days, Motion carried by three. 6. TRANSPORTATION SERVICES REPORT: Dan DeCesare said that the street sweeping is done on the first and fifteenth of every month between 10 p.m. and 3 am in the morning, The vacancy in the committee would be posted publicly and recommendations for the position would b.e appreciated. The necessity of a resume was discussed. It was decided that a letter of intent may be sufficient as long as certain criteria was met. The budget was adjusted because of tile change in the trash can removal as well as the street sweeping, which is reflected in the "other contractual services" portion of the budget. The budget preparation for next year should be more accurate by next meeting after the executive summary has been approved. There was a discussion of the "printing and binding" portion of the budget. Dan said he could find out more information about this. Dan DeCesare passed out the latest version of the executive summary. This has been put together to try and get a loan from the county to complete the streetscape on SR29. Dan /llllllo~al~ Beautification ,,tdvisol), COmtlt[tt~r' "~ ~.~ H ~ ~ h,etmg ~l /lpri/ 2 I, I ~ ~9 said this should be on the agenda for May 11th. Dan said that during this process, they received bids for the phase two portion, The bids came in at the estimate. The funding portion on the Executive Summary is the only thing that they are slill wailing on. Dan said that once the $100k loan was approved on the 11th, then they can get started. Dan said that PWED also has to do an executive summary for the approval of the Iow bid contractor, which will all tie in together on the May 11th agenda. Denise asked about extending the boundaries. Dan said he would get more information from the planning person, He will try and have a representative from the planning committee at the next meeting. There was a discussion that lighting, save for aesthetic / decorative, and paving are not included within "beautification". There was a discussion on extending the boundaries. Dan said that Immokalee Road and Route 29 have been added to the Executive Summary as gateways to the community, which means that the County Road and Bridge would be responsible for the maintenance and this will hopefully pass. tf this passes, some of the maintenance moneys will be freed up. Dan DeCesare said he would let the committee know what the status of the Executive summary was. Dan said he will find out about extending the boundaries and try and have a representative from the Planning committee to attend the next meeting. 7. OLD BUSINESS: Rita asked about the status of the planter that was knocked down. Dan said that there was an accident repod that was filed and there should be a settlement from the insurance company. However the first accident, there was no accident report filed for, or, if there was, the person didn't have insurance. Denise had a question about the center lights that were still not working. Mike said that the transformers were delivered today and there was a phone call in to Mid-Continent to find out the schedule. Mike said they will phone him and let him know what the schedule is. Cherryl asked about watering during the drought. Mike said that they are not effected by the drought, 8. NEW BUSINESS: There was no new business. 9. PUBLIC COMMENTS: There were no public comments. 10. ADJOURNMENT: There being no further business, the meeting was adjourned at 6:00 p.m.. The next meeting will be held on May 19, at 5:00 p,m. at the Immokalee Community Park. 16H2 Memo To: From: Date: Re: Sue Filson County Commissioners' Office Helene Caseltine/8 Economic Development Manager May 17, 1999 EZDA Meeting Minutes I~CE~VED Attached are the minutes from the Immokalee Enterprise Zone Development Agency Board meeting held on February 11, 1999. The minutes were unanimously approved by the EZDA Board at the meeting held on May 13, 1999. Please call me if you have questions or need additional information. ~rrt S Cn~t~nt 1ne ~trry A~achment ®P~el COLLIEii COUNTY COMMUNITY I)EV'ELOPMENT AND ENV! IIONM ENTAL SERVICES I)iVISION - IlOUSING AND URBAN IM I'iiOV EM ENT 21";00 Norlh Naples. i"h,'ida 34104 (t)41 ) 4113-2330 (4}41) 41}3-2331 {I'.-\XI I.;N'FI.';IIPRISE ZONE DEVELOI'5II']N'I' ,,\(il,iN( "~ MINUTE~ OF FEBIIUAllY Ii. 1999 EZI)A 5IE ETI N(; Thc quarlcrly I:.ntcrprisc Zone Development Agency II. 1999. ;st Iht Immokalcc Rcgicmal ..\irport. Immokalcc. Ol'ficio ;md Ex-Officio members in attendance: Denise Bl;mton Floyd Gary Raymond i I,,ll;md John Kirch~cr Phillip Keys I.ucv .lira Pcnzcyko~vski I Icrman Spooncr Fred Thomas..I llOl ill ;llI,£IltJ',lIlCC 14(~l~cr't ..\sbcl .loscpll itl 2:25 p.m. 5 i cm hr. r.ql il) ..\ct ioil~ members ;~hosc terms arc expiring would be willing to bc rc-itpi,oit~icd. I t;~:x (h'ti/. Fl,,vd Crews..lira Pcnc/ktmski. and Johll Kirchncr all agreed to serve :Mditionit] Ik~k~l'-vcai' Thc Ilitlllcs of IFa Xlalamut t?om R('MA, Oscar YZ;~gtlil'l'c 1)'o~ t(xcrgl;~dcs k':mns..IciTX ltubbaN from Iht Slalo Farmer's Market, and Bob Ncwsomc fi'om Barr,.~n ('ollior suggested as rcplaccnlcnts Ibr .lerry Primus and .Iosoph [.OZilIIO. Ntai'l' ;igrccd ~o call people to see il'they would bc intcrcsted in serving on thc IZZI)A l/t~m'd. Phill~p Keys attending thc meeting ill place ol'..kl NcwII1;tll l'l'Olll t)lc Wt~m'klk~rcc ))cvclt?inci~i stated that ciI]lCF }lC or Nil', NGWIIliIII would like lo bc rC-al~p,~))~lcd IO t)~c' }4oard. Dalllilli, whose tel'Ill also expires, allllOtlllCed ]lC Wits lc:tYing ills p~s~liotl ;ti thc end ol' ..kpril. It ;vas agreed that xvhocvcr NIt. [);mtini's rcplaccmcnt was x~mld II~cn ;mh:.nlatic;tlJv scrxc EZDA M inures Meeting of 2;I 1799 Page txvo thisteml. Staff thendirectcdth¢ Board's attcntion to oneofthc hand-outs, xxl~ch explained the procedure., fiw Board re-appointments. She reiterated thc ilnporl:mcc to ii,oNe xx t~t, wish be re-appointed that they send a letter of interest, either via fax or ma~l. to Sac t"ilson i~ ~l~c County Administrator's office by Friday, February 19. 1999. .Minutes - A moli{m was made by Mr. Pcnczkowski to approve thc n~inutcs ,~I' N,,x ctl]t'),2l' 13. 1998. and scct,~Mcd by Mr. Crews; thc motion p:tsscd !.umtlilllously. Committee I'lnl:~tes ~ - m~thing new to report Tax Credits - Xls. Newborn reported that one o]'our EZ businesses. tile state sales tax l'C[~llld because they're not incorporated nor do they hax c ;~ s[alc Nalcs tax number. She n~cntioncd that she was working with Dept. of Rcvcnt~c staff to rccti t'x this. Markcling -Nlr. Kirchncr distributed copies o1' a dl'al~ docHillCil[ which lists economic dexclopment programs available at the local, state and Ik'dcral lcxcls. Thomas suggcMcd lifts document bc distributcd via thc Occupational Liccnsin.¢ of'floc, thc Chamber, Ibc airpo~, the fi~ture One-Stop facility as wcll as thc El)('. explain that Iht intent of thc checklist was to provide a quick stm~,narv programs available for business recruitment and retention. It was suTgcstcd alld the Extcnsitm Scrvicc's "Fast-Trac" programs bc listed also. Touring - Chairman Thomas stated that he had taken S people groups o~ tot:rs ~n t'cccnt months. He then went on to discuss the Ha~esl for tlumanity pro,firm regarding other groups' pa~icular interests in thc area. l tc also mcmioncd tl~at w}~cn tours of thc area to prospects to be sure to include thc Wim~ Dixie grocery store. ;Is it is x crv impressive. ZOlle ActMty ChairIll;.lll '['hOlllaS announced Ih:it the Board oF ('otmtv Commi~qsitmcrs h:t,I rccc~lJx t-c_icclcd a response bid on the Roberts Ranch property, and in so doing. Winll l)ixic x~ ill t,c the propc~y illslcad. It WaS also IllClltiollcd. hoxvcvcr, that thc nu. xx qIOI'C xS I1[ }~C and a new Eckcrd's. Ms. BlalllOll rccommclldcd that x~c develop expertise ~ agri-busmess, too. Buddy's Home Furnishings - Staff stated that thc store is now open. and thai they holding a Grand Opening in the next several weeks. Taps Automotive - Staff stated that the company will realize ah~losl S 111.00() i~l tax credits and tax reimbursements from their new hcility. Manufi~cturing Incubalor - Mr. Kirchner said that work was moving right altn~g the incubator, and explained that Phase II would bc larger in si/.c and also include a bonded warehouse. EZDA Minutes Meeting of 2/11/99 Page three Old Business .~,_Barlz¢~ - Staff distributed copies of the new EZ color brochure in both English and Creole, and stated that the Spanish translated brochures were taking longer than expected but should be ready within the next week. ~all Business Workshop- Staff summarized the Small Business Workshop which was held January 28 at the Immokalec Community Center. She explained that the event covered both thc Microloan Program as well as the EZ program. Turnout was good with 17 people attending, all asking numerous questions about both programs, it was agreed that more workshops like this should be planned throughout the ','car. New Business Enterprise Community - Ms. Preston announced that Immokalcc xx';us thc only rural community in Florida to be dcsiguated as an Enterprise Commtmilv (nationwide, 160 applications ,,,,'crc received), and as such will receive S2.5 million over thc next IO years. She also explained that the Community Foundation will be the fiscal managers for this money, and that an Enterprise Community Council will be remind to oversee thc activities. Nine people will serve on thc Council, with 5 representing the hnmokalcc area. She added that this Council must reflect the demographics of the community. Ms. lh'cston also mentioned that there will be a partnership meeting held in early March to review benchmarks and revise thc budget, with a community meeting to be held the following day. In c;tl'Ix.' April. a memorandum of agreement (MOA) will be signed with thc U.S. IDcpai-tmciv of Agriculture. which in turn will release the funds. It is hoped that these fimds will bc used to Icx'¢r;tgc other state and federal programs. The next EZDA meeting date is scheduled for Thursday, May 13. 1999, ;~t 2:o() p.m. at thc Immokalcc Regional Airport. With no fiirthcr business, thc mccting was adjourned at 3:25 p.m. Respectfully submitted: Helcne Cascltine Economic Development Managcr OCttOPEE FIRE CONTROL I)ISTRICI' ADVISORY B()/\RD MEETING HELD FEBRUARY 1. 1999 AT TIlE EVERGLADES CITY COMMIJNITY CI!N'Ft(R in attendance were the following: Commander Paul Wilson, Acting Chief Ochopec Fire C{mtrol District Mike itart, Advisory Board Member Kent Omer, Advisory Board Member Tony Brock, Advisory Board Member Bob Genung, Advisoo.' Board Member Charlie Reynolds was out due to illness. Thc meeting came lo order at 7:IOPM C&rter Constant 1ne Rac '1( Berry SHORT PRESENTATION BY A FEW SI'UDENTS FORM EVI';RGI. AD}!S ('IIY SCI t(X)I. IN REFERENCE TO TIlE COHOPEE FIRE CONTROL DISTRICT VOLt ;N'l'l.il<l>,.'q ASSIS t'AN('[( IN FUNDING THEIR TRIP TO SPACE CAMP: One of the students gave a presentation stating that because of good grades is math m~d science thcx were eligible for space camp. The student also staled the cost per student was $675 each. A question was asked how man), ortho students were going and the.'.' replied that only three wc~ c going t. space camp. One of the ladies who had accompanied the children to the meeting stated that only three children from each school are selected to go to space camp and that it is ba.~-d on the highest scores in math and} science. The children were asked which space camp they were going to. They were told Kennedy Space Centc'r. Tony Brock asked them how long they would be there. They replied they would be there for 5 days and that they would be staying m a ha?hat right ii,crc n! ti~c center. The), were asked when they were going to go. They did not know. The children were invited to go next door to the bettering.mt meeting in reference h, obtainin[~ funds. Mike Hart said maybe they could come back for our meeting next month tho~ ~,c would have a [~uer handle on what we could donate all of the organizations. one ofthe ladies said thcs,' are visiting all the businesses in town and thc grocer? st~rc. Thc? also xvcrc talking about putting up some canisters to raise funds. Pagc l Copies lo: 16H2 }J Commander Wilson was asking wha! kind of time frame arc you expecting to (')nc of the ladies said that they are trying to get the funds up attd thnt they arc probably looking ;. Commander Wilson stated that the thc.,, made up a very nice presentation a.d told Ihcm to keep their up. INTRODUCTION OF NEW ADVISORY BOARD MI'~MBER FROM P()I~ F ()F FIlE ISI,ANt),~ BOB GENUNG: Comtnander Wilson .said Charlie Reynolds was going to intrc×tuce Bob (}enung. t lc i~, our nc',~.c'~I board member from F'ort of the Islands. tie is a businessman, real estate, hopel'ull? he x, ili bring 5om¢ ncx~ things our board. Bob Genung said has txx.,n in insurance and reaJ o's'rate, lie said he is retired nov, ;iild lit:it hi~, :,on run5; thc business, lie is just interested in seeing what is going on and to better the I)cpart~T~¢nt. I le was welcomed to the b~ard. Bob Genung said he is now a volunteer and that he had another volunteer ~,,'itl~ him. lie introduced his t?iend Fred Kellogg he ~,,ants to go ill the volunteer program, ll~ev are trying to make an effc, Ft to build their end of il. CIlIEF POSII'I(')N: Commander Wilson said we have started week three with no word as of ycl Bob I:crnar~dct is mak in~ thc decision on thc position. Kent Orner said that he had rnc"ntic~led some time this n'lln'flh thc 15"' or I 6" to make tl~at deci.~io:L Commander Wilson said I thought they were going to make thc decision by last week. I was there morning with Chief Flagg and as of yet they have not made any decision. Mike Hart said he is not pointing any finger, but that these positions that come. like tt~c Clticl' Positi,,n ,~r even a Fireman, that the advisory board has some input. Or even sit on lhe ~elcclion ~'xlard. [',tit it(~}c of this was brought up for this position. Is there a reason why7 Commander Wilson said I don't know. Hc ,,vas not familiar with him bci,~ ~,n :t,? hiring board', and I am not part ofthat practice as far as this part goes'. I participated in thc tc-slin,u 'aspec! o{' it. I will let ,,ou ,all know that. 'Poere has bc..~en I believe a couple of people, one in parliCUlar that ha.% :,,cml letter of o*nccr;L that is what they are mulling over and that is what they have decided Io do I don't Mike Ilart said the people that sit on this board that over saw the interview with the Chief's position am 1 correct in saying none of these people had :uLv fire related background. Commander Wilson said one was the Human Resources hiring perst,t front Collier Cotlnt),. another ~as a chairperson to the Commissioners on several boards including the Sheriffs ()fficc Board. and one was a training person. Page 2 16H2 Mike i larl ~id basically not~ly ~as lire trained. Comm,'mda' Wilscm said no. Mike Hart ,~lid I think that would t~ one of the criteria for one of the t~mrd nlcmbcr~,. Commander Wil~n ~id he agreed with him. Mike Iiarl wanted In know who to contact in reference to getting some one t,n Ibc board who had fire background. Commander Wilson told him to contact Chief Flagg. Tony Bro~k ~id you ~u'e absolulely right we need someone on that N)ard ,,~ ith Fire experience. Mike I left ~id it would only balance it out, NEW TRUCK: Commander Wilson said he got the ne,,,,' v. Titten stuff here I?um the purchasing agcm throtzgh Ibc Attorney's Office. I did a fbllow up with tire County Atlomey. Itc cxpccls lo close Iris c'nd o1' it or the next day. t-le's going to tD' and get il (m the February 0~h board agenda if not it would he on thc i:e~m~, 23'°'h~ard ag~da for ~ard approval. Atter thai I'spoke to Skipp at }~litc il is slill Iht day del ix'er). Bob (ienung asked alien you ~5 the ninth or the 23'a agcmda d(~s Ihal mcan lO purchase i~'.' Command~ Wil~n said no that is Ibr thc Board of Ctmnly Commissioners t;~ ~i['n t,il'on thc Bob Genung asked if the truck ~as ordered. Command~ Wilson said no thc track is not ordered. Bob G~un$ said this isjusl lo say I~'s put an ord~ in. C~mandcr Wils~ ~id no lhe t~e we went with is a pre-constructed mt~tcl, all they do is the finishing touch~ to whatever we do extra. IhS Genung mid so they are just going Io sign lo Iinish the truck tzp. S~ this is an ~,rdcr. A gcmtlem~ from the audimcc askcM if this new track is going to allkct thc I%O rating. Commode, Wilson mid it could ~tcmtially, il d~ds on how nell it is equipped and mcct thc crit~a of Ibc ISO thai involv~ training rcx'ords and volunteers. A g~tl~an ~?om Ibc audi~ce asked what the ISO rating was. Cmmand~ g¥ils~ mid six. B~ Gmung ~;mted to know how the new truck differs l?om the old Iruck. I am nsking Ibis t~c;nisc my undersxandmg that P~ ortho Islands will ~ using the old truck. What is thc diflkrence in thc trucks. Page 3 Commander Wilson said the biggest difference in the I~o trucks is the ne~ truck is going m ~ a .l-man crew cab. It has a bigger pump in it. 1250 gallons p~..r minute pump. other fl~an thal il'~ just a standard pump. Bob (ienung said at their CID meeting th? agreed they would build a cover fl~r this truck. It would I~.' h~. their sanitation plant on Fakaunion Road. At the CID meeting they agreed until Ihey had a d¢finil¢ dale when the truck is coming in we hold offon constructing a cover. They don'l Wahl Io build a cover and thc,) let it sit there fi~r 60 days. When we have a date, we have the plans, money and cvcr)lhing Io th) il. We go to sort of trowed water until we have a date. Brock a~kcd il'the new truck was going to Port ol'the Islands. (.'omn~ande~ W ,l~on and Bob (iem,ng said Bob (iemmg ~;,.I wc get the old truck, but they are suppose to ~;hine il up ;,,,ti evcr)Ihi,~g. Commander ~ ikon said thc)' already have. Commander ~, ilson .~id the trucks arc actually on a cleaning schedule and at least once a wcck one i'~ taken a~rt and hut I~,~ck together, cleaned thoroughly. Bob Genung .said we have also I~ked at a couple of sites there Ih;ti ~.vc'vc had owner"4 approval, undc~ different o~mers, if you wanted to put a temporary trail,.-,' or something there. H~cre is scv. er at~,J there wouldn't be any charge. Maybe put a shift person there until our station is buih. We ha'~c a couple places where we can do that. Just doing .~m~c groundwork so as to what can UI'DATF, ON BOARD APPROVAl. PURCtIASES ON I£QLJlPMI'~NI': Corem,andes' Wilson said we got the hchnets, the gloves wcrc not up Io standards x~c arc sending back. We are going to order them from another manufacturer. We thoughl we ~rdcred Fireman they ~nt us something none ofus liked. We are going to order l:ircm~an 8's l?om another dealer. besxs are ~m order. Mike Hart wanted to know how many sc'ts is that. Commander Wilson said. 10 ~ts of boots, 6 helmets, over lea sets of gl~vcs. Iml Ihcy're ~.,.oill~z back. We're slill waiting to order the bunker gloat Ihe one outlet I have, when I called m lalk to lhcm lhcy didl1'l have enough lo order as of yel. So we we going to look a! another resourct.'s too. bul we arc slill goin.u try to go with the ~me concept get cx~e sent in see whal il h)oks like il' il's go<~l ihcn we'!l ~zo ,.~hh it Mike Ilarl ~fid the nexl two items on Ihe agenda since Charlic is ,or here I Ihink they should ix.. ~aiflcd until the next meeting. To,ay Brock there might be some serious questions, there might need Io I)c mi alt~,~ey present ~,~ that re-vote. Commander Wilson ~id for thc record the contc~tion is that Mr. Penncll's ~crm had expired January I. 1999. The board meeting was on January I I. 1~)9, therefbrc he was tm! a legal vole and you were sitting on a two, two, vote. Tony ilrock said once again that is a legal question. ['age 4 1. ,&H 2 14 Kent ()rner brought up the storaKe bx~x~.~, throughout lhe l)istritl dmt had I~.cn disc.ssed :~ wh il( hack and ~hat wa~ ~oin~ on with d~em. Command~ Wil~m ~id the ~x~ are still available. 0icy.just have nol t~'cn picked Lip. Wc ~ill have some other issues that wc have to address with that. We may have to end up buyi,g m)7~.lcs to put with Ih~e. Noz~l~ ~n S5~ or S~0 apiece, lie ~id he wanted to ~ ready m ,~c thc t~)xc~ ~he, d~cv are pick~ up. ~atJs¢ thc County is going Io cxpc~t th~m) to pul them lie was ask~ whal t~e ol'~x~ they were. C(~mand~ Wilson ~id they were air lraffic control, aluminun~ heavy ga.~:c boxc~ and thc> ~Lm nei~rh(x~ of $10.000 to Slg. O~). Kent (~ explained Ihal Ihcy would I~. lh~e as a base get up. T(my Ilr~k asked whc~e would thc~ ~ I(~atcd. C()lnmandc~ Wils(m ~id we ~erc {tz~king to put one at Chokt)lt~kcc. one al t'lanlat it)n Island and I.c~ (')press. lie ~aid Ihcrc is an example ol'one ~'hind Iht building Ihal i5 I~i.~ used fi~r s[t~ra~c. Vivi~ St~cy ask~ a~l the bunkc~ gc~r. had Ih~ delermined who wa~ ~oinF It, ~ct it. t~r i~ II~erc a li~t ~,1 ~le who appli~ Ik~ it. C~m~dc~ Wil~n ~id our p~sonnel are all cu~ently equipped wilh htmk~ Fe;u'. We're ~t~in? through all oftht~ to see ~ht~ needs ~hat. lht,~ distribute as nc(dod ~like tla~ askc~l did you ever ~el il ~t il. the u~i bunker gear. C(~mand~ ~H~on said that is what I was talking a~mt earlier, the one ~u~ co.ldn't full]ti Otlr am hx)king to make c(mlacl with this other guy ~t in Kansas. lie is g(~ing to send us a set ami if xgc like il. he is going to ,cad us m~c. We may N' able Io get it a liule bit chcapc~. Fr~ [iff mid she rem~ ~em ~lking a~)ut changing the N)ard l?om 5 to 7. Nbc I~els bad that they not have a reprcx~mtative rrm Pl~mtion Isled. C(~mandt~ gg'ilson said the only address I can give lo that is tl]c ordinance was rc-x~rittcn in 1992. mid he didn'l know how to ch~ge it other th~ if~e N~ard wants Io approach anti add more Righl now thc contenti~ is they're not. l'ony Ilr(~k ,aid that will have to came t}om the Courtly C<m}nlissitm. Wc ~ ill have 1o pclili{m them. suggeslcM ma? t~ catching some ufthese individuals and talk to them prixitlcJ) I~* soo how thcx f~'cl il. Arila Parker axkcd did the ordin~ce change the mem~rs from 4 to 7. C~m~d~ ~g ilson said t?om 3 to 5 ~ard mem~rs from the gencTal District area with one ap~inl~ from ~l~e City of Everglades with recommmdation t~orn the Mayor. I Ic said in d~c pas~ they I~ one m~lx'r from tach s~tion of this District. ]he 86-41 I ~licvc x~'as Ibc ordinance and it outlined Pl~ti~ ~rst~l, a Chokol~kee person. Everglad~ City. (~hopc~. and Copeland. 'lhat was rc-~,ittcn 1902. ~ho~ l~k in Ev~glad~ City und~ it's Dislricts. ~al new one clearly slates il supersedes that 86-41 ~d smt~ that ~e ~rd memos will ~ 3 lo 5 memt.~'rs from wid~ in thc Districl al large, with one ~ing ap~inted by the City of Everglades by Ibc Mayor. Page 5 Kent Omer said he has been tr,,,ing to h~atc different pux~ple thai he kn~ (m Plan(alto, I~laml :~incc I,eln has ~n ofl~ I lc didn't ~gnt th~ to l~el sli~t~ ~cause they are not represented. So I've been trying I~ate thc~c people to discuss the situation with them and sc~ing iff(hey km~w ol'anv problems or have mix qua(ions. ~cy can contact me. Command,.~' Wil.~m ~id until .sou get a dc,,:isitm frum thc board I suggest might be a consolidation of the areas of Plantation and Chokoloskee the I)istriet tip amongst .~ourselvcs about Ndmt you arc going to rcprescm. Mike Itart said hc had no ohje¢l with the Porl of thc Isled rnem[x:r bcinL2 o, dfis t~urd. Itu( it ha~ been an~h~ pas1 histo~' that ~h~ an Advisor) Board positi~ calne up we would see the applicants. I'hc Bob (;em,ng said ',,,as that ti(mc with Mike I lar~ smd y~.~,. Commander Wilson said he recalled that I.inda might h;,~e attached diem h~ fl)c m mutes m The things v, ent to Sue Filson ~md the recommendati(m came hack to hire Mr. (';cnung in Iff:, place. Mike Ilarl said that ~,as Nfl ol'f mine. l'on.s Brock .said the Count.s Commission m.'ctls to know about sume ut'flfi~, xtufi I think, lalk ~ ith Ihcm and .~'e what riley think. Some one asked ifOchopee had a h.'tterh~'qd to x,,rite a let(ur tm. Commander ~,'ilson s;fid ('k:hopee Fire Control District does bo( the Advisor'. I~,~ard d(.~..s m,t Tony Brock said Para Mac'kie will be in town over the weekend and hc wtmld be glad to ask hc~ ;ill Ihc>c questions on my behalf not on the boards behalt: Phil Po~z said didn't ~)meb~xl), up there made the slaternenl that sotneJxxl,, didn't have :La', I:ircfighlir~g experience or something. Mike Itart said the position ilar the Fire ChieF(he interview board. 'IT~c people lhal inLcr~ iewed them didn': have an)' fire experience. ]'he're wasn't somebody on the board thai could :~ctualiv ask fire-retalcd questions to the applicants that ',,.ere applying For the ChieFs position. Commander Wilson said there ',,,ere no Fire related questi~ls, il ~as strict I.~ m31l:l[.,clllcNt. Phil Pta'ts said I see. I sent through Lhc Nav.v's FirefighLing .qchtxfl and il's not thc c;~siu~,t thing world. I! was a two weeks c~mrse, where thc.',, set tire tt, a ship and >~m g~ in a put i~ mit Mike Ilart .,,;aid mt~,l job position they have somebody there that knows d~c.job and yot, would Lhink thc Chief would have some ~m of fire background. At least have somebody up there to ask quest ions related to it. There might be one time that Ihe Fire Chief might have to do a little firv business. Phil Portz said the Chief is the leader, lie i., supposed to instruct the m~.-n ,m I~o~ Lt~ do il. Mike liar( ~id the swamp idea and the City idea are two differenl things. Someone asked who do yo,J approach with any of these questions. Page 6 Mike Hart .said you can go to Ihe conm~issiom.'rs. Tony Brock said Barbara Ben'y is our reprcsc'ntative. She has open rattlings in town. You c:m get on her agenda pretty easily. 1 don't know' when the next one is bul I can find out. She has an Advist~ry Board thc area. Phil Portz said he is on the AdvisoD' Board. Tony Brock said well that is who you need to talk to. A gentlemen from the audience who said he was a citizcm of Everglades Cit.',' said it looks like people need to get more involved and start asking questions. I don't want a Fire Chief d~x~-n here that don't know how to fighta fire. T'hal doesn't sound real safe Io me. Just because he can do paper work, he can't fight a Whal happens when my hous~ bums dow~ he'll do some paper work and lyping away. That wouldn't bc real cool. It would look like to me that thc County would open thonsclvcs up I'(~r a law suil For not havin~ some one that's qualified in Ihal position. Thai's just one opinion but I don't know xdmt anyb~xty else has to say about that. 'F(my Brock said the commissioners are the ones you need to talk to. The meeting adjourned 7:35PM. Charlie Reynolds Chairman Ochchoee Fire Control Districl Advisor' Board Page 7 O('lt()lq':l:. I:ll,tF. CONI'ROI. I)I.":,TRICT AI)VIS(')RY B()ARD MI,:I£TIN(; HIi[.D JANtJARY I1. 1999 AT IiVI:,R(;I,AI)ES (.'1'I'5' I IAIA, in attendance were the fi~llowing: Commander Paul Wilson. Acting Chief Ochopee Fire Control [)istric~°ert$ Charlie Reynolds. Chairman. Rep. Ex'erglades City Mike Hart, Advisory Board Member. Rep. Copcland Tony Brock. Advisory Board Member. Rep. Ochopee l,em l'enncll. Advisory Board Member, Rep. l'lantation Island Ken Orner. Advi~ry Board Member. Rep. Chokoloskce Island Carter Constant~n~ ~err~ Diane Fiagg took the tloor and was speaking and shc was on option ti~rcc of her presentation the first part was not recorded on the tape nor when thc meeting x~as called to order. Diane Flagg said what going independent means that you would establish your boundaries and not evcry one inside thc Ochopee Fire District would need to bc part of il. You could establish other boundaries if you wish. Independence is that whatever advalorem dollars are generated with in )'our area that you establish is the oaK' moncx that you will have to fund your operation. Theretbre. the Board o l' County Commissioners money that is contributed to the Ochopee Fire District would not necessarily be a part of that equation. The only definite would bc just the advalorcm taxes that would be generated by the elector Jn that area. Presently ()chopee is as 4 mits. if you go independent you will lmve to drop that millage rate to 3.75mils. 8o you will have to actually reduce your millage. The reason being that there is a Statewide unified bill that states the maximum millage can only be 3.75. Currently it is 4 nails bccausc it is a dependent District as opposed to independent. What tt'uxt alt translates to. il' 3xm arc at 4 mils generating $495,500.00 you would have to reduce you cxpcnscs which mc:ms services in order to achieve that advalorem tax level by going independent. Actually it would have to be reduced a little bit more because you would have lo get ctt)x~n to thc 3.75 millage cap. l,em Pennell asked the Chairman il' he could ask a quc:ti(m md was given permission. He said nov,' ,,,,'hat happens to the Pll,T fund'? Diane Flagg said the PII.T fund the Board of County Commissioners receive those funds from the Federal Government. Lem Pennell said that is suppose to go to Ochopee though 1 think. Page I Diane Flagg said thc Board checked with the Federal Government as a result al'your inquiries. The response that they received is that there is no obligation of the Board to give the Pll,T funds to the Ochopec Fire Control District. But they are providing tile funds in the amount al'the $285,500.00. If you'll see in that third paragraph l?om tile bonom (she was referring to a hand out she had provided to the attendees) states that it' the PILT funds were deleted thc tax rate required to fund tile budget as purposed would be 6.4275 mils. The Board of County Commissioners have made ~hc decisioa to augment the Ochopee Fire Control District budget by $285,500.00. Il'you go independent, again it will be the Boards decision whether they wish to continue thru funding. Tony Brock said he thinks she is wrong alx~ut the P1LT funds. Thc tt)tal PiI,'[ funds arc $325,000.00. which we will pursue il' we do go independent. I think lhrough our State and may be even through are Federal l,egislaturcs those PIi,'I' monies will come back this District. Diane Flagg mid again let me review l?om lile 3l Money and l:inancc subtitled (icncr~! Assistance Administration Chapter 69 payment Ibr entitlement payment. The Secretary ofthe Interior shall make a payment for each fiscal year to each unit t)fgencral local government, which is your Board of County Commissioners, in which entitlement land is located as set forth in this chapter. A unit of general local government may usc thc payment for ,any governmental purpose. Tony Brock said he was familiar with this and that it was truc but .... Diane Flagg .said based upon that ! can only tell you what thc Board's decisi(~n has t~zcn. The Board {~t'( ;ounty Commissioners has decided to augment thc Ochopee Fire Conlrol l)islrict in thc amount of $285,500.00 this year based upon thc understanding of this law they are not obligated to augment that but they have elected to do so. Tony Brock said he understand that but ifthis District goes independent those funds will come back to this District I promise you. Diane Flagg said I can tell you that is not thc way this current law reads. Tony Brock said he knows but it will come back. Some one from thc audience asked if any of the [~II.,T funds go t(~ any al'thc independent Districts. Diane Flagg said no sir they do not. Page 2 16H2 !4 Some one from the audience stated that il was his understanding that i£the t'Ii,T funds are deleted that ifthey went independent that the County would still take care of and maintain those lands under the PILT fi. rods, Diane Flagg ,said in terms that there is a Collier County Fire Control I)kstrict dmt could provide services to thal area and that is an option· The .same gentleman statcx:l then it is my understanding that thc pamictflar funds that don't get from PILl' we would no longer be responsible for those lands we would be responsible only tbr the lands we went independent Diane Flagg .said right the way it would work is ifthe group or a Ixmion ofdac group wished to go independent they would have to define in their bill thc Nmndarics of the District. So if not every one in the District wanted to bc part of thc independent District they would just carve out the boundaries of the District that they warn to provide thc service in. Fran 'l'iffi wanted to know why the PI1.T funds ,.,,,ere 20% less this ','car. Diane Flagg mid the Board made the decision to reduce thc 1'11 .'I' fimding to thc lcxcl of what .,,'our current ordinance lbr your millage rate was. So they said however much the advalorem taxes at you maximum millage which is 4 mils whatever that generated which it generated $495.500.00. So the Board said okay then we will augment thc Ochopec Fire Control District budget with a balance of $285.500.00 in PII.T thnds st) the)' can provide lhe .~rvice level that they are providing. What drives thc revenue stream is your expenditures which is your total appropriations. What they do is Chief Wilson and thc Advisory Board put together a budget and this .,,'ear they put together a budget that showed they needed $910,800.00 to operate. So taxes only generated $495.500.00 at 4 mils so then the board had to come up with a way to fund thc balance ol'the expenses tbr the Deparlment. So what they did is provided PILT funds and thc transfer from thc Collier County Fire District. Fran 'Fiffi tusked where did the rest of the PII.T Funds go. Diane Flagg said the PIIA' thnds go to various agencies School Board is one that sure ot: Page 3 Bob Gcnung said assume they go independent then by law they can only Icvv a 3.75 millage rate is there any provision in the law that they could put a sl)ccial tax Icvv against the properties in the District. Diane Flagg said potentially what the.,,' could ,.,,'rite the bill o1' independence m inclu~lc a special revenue filnd or bond fiind. Bob Genung said whal that means is they can raise your taxes even more. Diane Flagg said yes sir. Remember independence means thal it is it's own when you are writing a bill to generate .some govermncnt there alrc '.'arious ~va).~ generate revenue. A gentleman ti'om Port of the Islands addressed Iht Chairman ol'thc Advisory B~ard. Charlie Reynolds. He said his name was Dick Gatti th:it he was from Port of tine Islamts 'and that they were there seeking intbrmation as much as anything. '['hcy arc trying learn about their government and what is going on. tlc asked il' some one on Ibc board Chairman preferably, could make the case as to why wc want to go indcpendcnl. Because everything I've heard and all indications offit we arc digging ourselves a here, but i might be wrong. Charlic Reynolds said mysclf l don't want to go independent. I don't thing the board does except one person. Dick Gatti said he wanted to make a statement while he had thc floor. He said his sideline was working tbr the City of Naples as a Development Services Director. Wc were involved in analyzing bringing Pelican Bay into the City of Naples. Om ol'that analysis we tbund that for ever)' salary dollar spent 7°,/o ot'the salary costs v,'erc retirement benefits we also found out in all thc independent Districts it was 28%. Wc'xc got in round number $650,000.00 salary cost with in our District that represents $42.000.00 in retirement benefits. You take that to 28% you're talking close to $200,000.00 dollars. I guess the questions we are asking has an analysis been made {~falt of these types of&tails that said this is the bottom line this is what il is g{fing ~o cost Page 4 Diane Flagg .said .,,'es we did an analysis, we did a very, very. conservative analysis. When I say conservative ! did not use the 28% tbr retirement costs, which is probably what it would be. Wc projected that the increa.~ of cost would bc Iv~.twcen 554.400.0() $84,300.00 annually to go independent. '['he costs that we used, ytm wtmtd have to hire an accountant to do the books, an attorney to do thc legal review, and all of'thc things associated with that. So that is a very conmrvative increase over current costs. I take you back to if you go independent at 4 mils not 3.75 mils the District is generating $495,000.00 and 5'our expenses are over $910,000.00. ?;o ~ypicall>. when you have expends that greatly exceed your revenue stream you have to cut expenses. ('utling expenses means cutting services. Tony Brock asked the Chairman if he could speak and was given that request. T(my Brock .said may be you people don't know but our millage tale was 2.6 until ab~ml 6 or 8, months ago and lhcy rai.~d it to 4 mils. Mr. Fernandez or wh~ cvcr thc hierarchy al thc County decided to do this. This Board was never even consulted we never knew anything about it. All of a sudden, bingo we gol 4 mils and that is what you arc dealing with. with the County. i am telling you they have mistreated this District forever. We have been the black sheep ot'ali thc dependent Fire Districts in this Ctmnty trader this regime and we will be. They take trucks fi'om our Station they send them to Isle oFCapri. They take $75.0(10.00 out of our budget our PII.T money and spend it in Goodland. They blew up one of our trucks isle of Capri, we never got il back it stayed ()ut ot'scrvicc for months and months. This is what we are dealing with, with thc (;mlnty. (')ur men arc unhappy thc moral is Iow it is just not a good sittmtion that is why wc want to go independent. Bob Genung asked Ch ar lie Reynolds if he cared to comment, l lc spoke with .some ~t'lhc Firemen and he didn't think there was a moral problem with any of'~hem. It doesn't sccm to me any way. Charlie Reynolds .said right now none of the Firemen want to go independent. Bob Genung said none of the Firemen on the payroll want to go independent. Charlie Reynolds said no. It costs them $50.000.00 a year lbr one l"ircman, tlc ~id hc was just talking to one. ttejust got a raise up to $39,000.00 a year hc is.ius~ a Fireman and with his medical policy it runs over $51,000.00 a year. Bob Genung said if Tony wants to go independent and none of thc rest of you want to don't you have a board that just votes one way or the other. Don't you just put it to a vote for the board and the board says you don't want to go independent and Itc abstains and that is the way it works. Page 5 16H2 Charlie Reynolds said that is the way it is suppose to work but it doesn't always work that way. Bob Genung .said why not. Charlie Reynolds said this board here doesn't have any power. Leto Pennell said this board has no power ,,','hat so ever. Bob Genung said this board is an Advisory Board. I,em Penneil said we are under the County and we can't do a thinE.. Bob Genunl~ you arc an Advisory Board and you should advi.~ thc County Commissioflers as you see it tha( is what it is ~11 about. Tony Brock said they never listen. Leto Pennell said all be can do is recommend and we don't even know if'they will go along with our recommendation. Bob Genung said you can advise thc County Conu'nissioners that you don't want independent that is all that is necessary you write them a letter. A lady fi.om the audience said they can't force you to go independent. Bob Genung said it has to be a referendum to go independent. Diane Flagg said let me clarify that for you too. That's why I need clarification on what the position ofthe board is. Because at the Legislative Delegation Wednesday Mr. Brock is speaking on hehalfofthe Ochopee Fire Control District to establish an independent Fire Department. So I don't know ifthat is a vote that this board has taken to sup!rxm going independent, l just need clarification on that. Ifyou dr) go independent, it will first require a referendum by all the people with in the District. ~Fhe way it ,,vorks is you write a bill you take it to the Legislative Delegation which the Legislative Delegation meeting is January 13th which is Wednesday of this week. Bob Genung asked where is that meeting, in Collier County. D!ane Flagg said actually Mr. Brock will he presenting in lmmokalee, correct. Tony Brock said yes. Page 6 Diane Flagg said there are actually two meetings one at !) o'clock in thc morning Imrnokalee at the Immokalce Community Park anti then there is a second meeting at 2t'M at the Board of County Commissioners' Chamber. But the discussion with gong independent will be conducted by Mr. Brock in tmmokalee. Bob (;enung asked how can he conduct thnt meeting when a majority of the board is not in favor of it. By what authority does he get to present anything in the name o f the Ochopee Advisory Board that is wha! I want to know. Diane Flagg said .Senator Saundcrs was under thc impression th;~t you were rcprcsentit~g the AdvisoD' Board. Tony Brock said no, there are several other citizens going with mc. It is no~ representing thc Fire Board. A lad,',' I?om the audience asked Tony Brock il' he wa.,~ going there ~.s .jus~ u residence of the area, you are not representing the board. Tony Brock said yes ma'am. l'he lady asked well do they know that. Charlie Reynolds said no. l'he lady in the audience said then somebody should probably tell Tony Brock said why he is not on the agenda any way. Diane Flagg said here you are. Tony Brock said no I'm not. VeD, good, I was inlbrmed I was too late, there wt~s no way I could get on the agenda. Page 7 Bob (ienung mid Charlie do you think it is appropriate at this point to have an olt]cial vote of how the Ochopee Advisory Board feels and stands on this independent question. I mean we have discussed it now I think most of us. we don't know all the ins and outs of it as you fellows do. You ~qy you're not in favor of it and Tony wants to. t te is perfectly with in his rights to do this 1 don't have any ob. jections at all. But hc can't speak for the board by himself. So isn't it appropriate at this point to make a motion and settle it and vote as a board thnt you are not in favor of any independence for thc Ochopcc Fire District. Thai'il put it on record. So thc Senators and the Representatives of the State ultimately will have to decide whelhcr this has to go on a referendum or not. Isn't that proper? Charlie Reynolds said. I think so. Bob (ienung said so why don't you do il. Tony Brock said you staled earlier that all the Firefightcrs were Ibr staying dcpcndcm. At 8 o'clock this morning. I Four Firefighters approach me. I was x~,.orking on my ~mt. 1 had I'bur Firefighters approach me in the parking lot and tell me that they were in thvor of going independent and they thought it ,.vas 100% of the who lc l)cpartment. lie was asked by the audience did they give you a reason. l'ony Brock said they did not give him a reason they just told him lhat. Bob Genung asked Charlie Reynolds if you do make a motion and as a majority sa5' that you are not in thvor of going independent. You say you don't have any say so and that they don't listen to you. I think if you type a letter and ~nd it with her (Diane Flagg) after this meeting with the~ legislators that you are not in thvor of it. Then at least it is .something you have done positive and they should take notice of it that's thc way I look at it. You are not just sitting here playing advisory board. ltarold Hall addressed the Chairman and said he was disappointed thc way thc meeting was going. To begin with. the decision ofgovernance is not a decision tbr this Advisory Board. Diane. or any of the Firemen. It is a decision tbr those t~fus ~,,ht~ are served bx.' thc Districl. I was hoping that this board would recommend mine kind of committee, simply I0 people, to put together a written list ofthe advantages and disadvantages. '['here is a lot ofadvantages dependent there is a lot ofadvantages independent. I haven't seen a good list of advantages yet. Diane Flagg said the Board ofCounly Commissk)ners wants you all to cio x,~hat you xvtmt to do. They have made it veD' clear if you want to go independent, the Chair welcomes you to do that. Page 8 16H2 Harold Hall said he would like to see a group put together a list of advantages and disadvantages. Actually there is advantages and disadvantages tbr the tourist who are depending on EMS very heavily. Structure that are subject to f'u'e there are advantages and disadvantages. Port of the Islands is different than Ochopcc. I would like to ~e that. I would not know how to vote ifI was asked to vote right now. I don't want it and one thing is for sure. I've asked Saunders office and I do not thi~ there was a proposed bill submitted to Saunders office. Both Tony Brock .said there was. Diane Flagg said that it is a discussion according to the way it is on the agenda. Mr. Brock is going to discuss with the legislative delegation in attendance but there is no actual bill being submitted at this time. Harold tlall said he would like to personally request front each of the Advisor>' Board however, you would vote. I am not even sure this is appropriate tbr you fi)lks to take a vote on that right now. Charlie Reynolds said he was going to take a vote on it right now. tte asked Mike }-tan if he wanted to go independent. Mike Hart said yes he favors the idea of going independent. Tony Brock said he wanted to go independent. l,em Pennell mid he wanted to go independent. Ken Orner said he wanted to ~ay with the County. Charlie Reynolds said he wanted to stay with the County too. Charlie Reynolds said some body is going to mighty sorry. A gentleman from Port ofthe Islands said how can you go independent when you arc running at a deficit now. You're running in the red now you are being subsidized, lfyou go independent, it's going to cost more money isn't it. What am I missing. Tony Brock said they are many ways this Department could save money I am sure we could cut enough corners to pay for any book keeping, accounting toiletries. One of the gentleman in the audience said he would like to see his proposal. Page 9 A gentleman from the audience said the City of Marco thought that way too. You know what happened over there they are sorry they did anything. Tony llrock .~tid if it doesn't work out and we lind it is impossible It) do then wc won't do it. But the way we have been treated by the Counly and the way you people have been treated by the County and relhsing to give you anything forever despite us t~3'ing lo. We think we would like to try to do it if it turns out do,am thc road that it is not practical or feasible or financially possible we will have to drop it. l.cm Penncll said it is like Harold llall stood up and said that what we should do is lbrm this committee which is already been formed to a certain extent by Tony Brock here. To find out what's favorable and unl:avorable about going independent that is ,.'¥hat we warn to find out. t/ecau.sc as it is we don't like the wa.,,' we have been treated in the past by being a subsidy controlled by the County and by their appointees that is what x~e are against. We would like to have the control over hiring our own firemen and hiring our Chief and whatever it takes to run the Department but we c~uCt do i~ because the (iotmlv does it all for it. The funds are taken away from us by the (7ounty that should go to OcN~pee for its own betterment. That is the size of i! in my opinion. A lady Ii'om the audience addressed the Chairman she said she ,,,.'as l?om Port et'the Islands and that this was all new to her. She did not know if it has to go independcm or dependent. But I am curious we at Port of the Islands arc kind oFditTercn~ slructure financially and in terms of density in population and a number of things in a small area. lfthe people of Port ofthe Islands decide it was best tbr them to remain part oFthe County rather than part of the independent District would they have thc right to make that decision. Diane Flagg said yes. l,em i'ennell mid you have to vote on it. The lady in the audience asked if their tax n~ney, which she said is substantial, would to the County not the independent District is that correct. Diane yes. Page 10 Kent ()rner said irregardlcss what this Ix}ard recommends this will have to go betbre the voters ofthis District. Which the5' will make the final decision on. Now I understand that the next major election will be held two .,,'ears from now. Il'we held a special electkm I understand it will cost up to $20.000.00 to have this vote brought in. In other words it would be just a few dollars on a regular election. So it will be up to thc tax payers with in this District and the voters that will make the tinal decision whether to go independent or remain with the Count>'. A gentleman from thc audience said if that analysis is going to be made. ftc suggested they make the analysis with Port of the Islands in your group and with Port of the tslands outside or your group. For your information we represent 20% o[your budget this year and expect it to be 40% next year. So i suggest you take this into account when you make this analysis. A gentleman t?om the audience .said hc wanted to make himsel f c lear that this gent leman does not represent him in the legislature. Diane Flagg my understanding you arc speaking of an indMdual tomorro'~v. l'he gentleman said yes. Diane Flagg said my goal here tonight is to lay out the three options lbr you and also gixc you an idea of what your funding structure is. Are there any questions on this. Thc Commissioners are only interested in doing what you all are interested in doing. They want you to have the options ofeither staying the way it is. going independem or contracting for service. They also wanted me to point out ttmt how much your taxes generate and then how much is being subsidized in order to provide you the level of service you're receiving. A lady fi'om the audience said she ~ould like a little more details on expenses as to are all these expenses. Why there is an increase of $28.000.1}0 projected v, hat does lhz, t cover. Diane Flagg ~id per~>nncl .~rx ices ,.our salaries alone, in order 1() cut costs '~our biggcsl cost are .,,'our people, in this cam your people are $636.300.00 that is salaries and benefits. Tbe lad.',' from thc. audience asked how many people are we talking at×mt. Diane Flagg said eleven, six Firefighters. three Lieutenants, one Sccreta~' and one Chic[ that is just Ochopee Fire. Page 11 The lady from the audience said then these people we are talking about their average salary of over $50,000.00 a year. Diane Flagg said that is when you are including benefits and that is using FRS tx.'nefits and as the gentleman brought up .... The lady from the audience said right, right more than likely the)' ,nrc higher than that. Diane Flagg said the operating expenses this year are $176,400.00 and what that includes is ali the expends associated with the equipment that is purchased. The maintenance o I' the stations, the maintenance of the vehicles, the $25,900 was tbr the purchase of the vehicle. The lady from the audience said the actual forecast was $116,000.00 and now we have gone to $176,000.00. Diane Flagg said what that means is if you go to the FY 97/98 fi)recast, what a tbrccast budget is, then you have the next column with adopted budget FY 97/98. The Chief as they are extending there budget for FY 98 he forecasts what thc expenses are actually going to he. So then when you get to FY 98/99 current services if there were no increases if you just provided the current level of service then thc current service budget was $882,800.00. But you had an increase of $28,000.00 which brought your total budget to $910,800.00. The lady fi-om the audience said if the actual forecast expense lbr thc year is $788,889.00 how did we make a leap to an actual basis of $910,800.00. Paul Wilson said the $788,900 was two years ago that was the 97/98 year. The lady fi'om the audience said then you current services is really your current actual forecast. Paul Wilson ,said last years budget was $882,800.00 we had an increase of $28.000.0(I roughly which brought it to $910,800.00. '[hat is a break down of the first payment on the lease purchase for the new truck then there was another $3,000.00 for miscellaneous equipment for new firefighter hire. Page 12 l.em l:'enncll addressed the chairman and said lie would like to say that at our last meeting we had three officials Ii'om three independent Vire Districts in Collier County. Who are very satisfied .... (tape ended on side A ot'thc lirst tape) (beginnh'tg of side B the first tape) This is lot being shoved down any bodies throat, like it's been <fid it~,,vhen the time comes the pt :>lic, property owners and everybody will have an oprxmunity to w, te whether the~ Want this. To do this thing in the way we are talking about whether ,.,,',2 want to stay tnder the thumb of the Count.,,' Commissioners. Kent ()mcr lid, Charlie. I would like to add to what he just said. That all the Uhicl's agreed that ( :hopee Fire District is a little bit unique than East Naples or Golden ( Because thei Ion't have any ways near the square miles that ()chopee has to cover. They all cautioned s at that meeting he is talking about to be ,,'er)' caretial what your getting into because~ iherc arc going to be expen.ms that you have no idea at this point what there are going to ~e. It wasn't just go ahead and do it I'x~th those t":ire Chiefs had caution, be very careful. ~!o your homework, and do your research betbrc you start something like this becau~ iou might regret it. Tony Brock ddrcssc.d thc Chairman. lie .'.;aid this board did not arbitrarily decide that this Fire l)i~ ici should go independent. We listened to our [:iremcn tbr over a ,,'car before we sti ,'ted this process, it was not for our benelit it was fur their benefit. If there had been no omplainls this would have never come up. l just want to tell votl that we're representing he Firefighters or'the Ochopee Fire Control District and wc'rc~herc because they wanted ts here because they want us to tr.',' to do this. :\ gen~lemal ~'om the audience .said. the.,,' are employees. Tony Brock ~id. I can't help that they are protecting our citizens. Bob Genun said they are employees of this Ochopcc Fire District. 'l'hcy can't come and say they Ion't like this they don't like that. Another gert~ eman fi.om the audience asked what the complaints were that the }:ireman had. I lonv Brockltaid th,~re isa list it would probabl~ be two pa?s of complaints oftbe things they did wrong. Meri leaving this town ~ith {)ne Firefightcr on duty while they sen! anothe,r, Fire~ghtcr on an ambul~anc~e, t-lc had n~ business being on that ambulance all the wa> to l~ples tlospital when he should have been he[c in case wc needed him here. caWt just rathe them offthe top of my head. We wouldn tbc hcrc if they were happy. This would ltb. ve never come up I promise you. : Page 13 Tony Brock was asked by a gentleman in thc audience if he represented a union of any t.,,pe. Tony Brock said no sir. My name is Vivian Storey I have lived in this area since thc 70's l worked ','cry. vcrv hard to make sure that station got in over there. Many, many seatbod li:stivals thr that station over there. Two and a half years ago things started changing here, big. brothers moved in. You understand what big brother is. They no longer know your name. yotir name. your name, they don't know where you live no more. It's not a friendly fire station any more. When you go in over there every body keeps them mouth shut there at'mid to say anything. I am not going to name no names because I'm going to tell you rig. hr now these people here would get fired. The)' don'l have to do anything, if thc medics go against them they get in trouble. If they say anything to any body they're not allowed to .say anything. So we have to go out into the community to find out what is going oil. I went into the community and asked people about how they tieel al:x~t,t going indcpcndcm. Oh ya get it out from underneath the County. we don't want big brother here no more. She mid wait a minute now that is not the reason we're going to go... We want our own board members that are voted in by you and then you can go to each one of those members and say I'd like to see this happen at the fire station, l.east they can get up there and make a decision on it. They can't make a decision on nothing. The budget was made by these people, they said okay that's the way it's going it doesn't make a difference any way ifwe .say how the budget goes. I was there I know what happened. 1 lold the people that I asked about going independent, I said, we will not go independent if we can not aftbrd it. We don't want to increase the millage rate. it is now higher than any other District in Collier County. You do know that don't yot,. It is ridiculous the,,' took our PII.T fund away, then they said they don't have enough money now so wc arc going to increase your millage. You ligure that out, that's what happened. A lady from the audience asked but why did it happened. Vivian Storey said because the word independent come up anti .just ;ts soon ax that come up somebody said we need to take tile money away so they can't go independent. Now how can I prove that it's just you have to be there. A lady ti'om the audience said did any body ever sit down in a closcd room and talk this through people with some authority to do mrnc of this stuft: Page 14 Vivian Storey ~id they have no authority to do nothing. I've been here 21 years. I've been on tile Volunteer/:ire l)epartment tbr 21 years. I quit going to the meetings bccau,sc ifs .~ disgusting. She u~d to be the Commissioner on those meetings, did thc same thing these guys did. She can tell you what it x~,'~s like. Wv're not going t(, push independence if we don't have the money. I told every body that, I got petitions that people are signing saying that we ',','ant to get ()ut from underneath big brother. I said we're not gonna get out ti'om under them if we can't aftbrd them. We arc either going have to live with them or find a way to make lhe money no m,)rc than 4 mils I')rcfcrahty less than 4 mils. A gentleman t?om the audience said that's the kev to tigure out hoxv to do lhat. Vivian Storey .~fid we got a year to work on it. Wc didn't know how to approach legislator on what to do. I didn't lind that out until about a week betbrc we were suppose to go in fron! ofthem. So now we got to wait another )'ear, l)ecember before... All are going to see them about on Wednesday is ~y we are considering this. Thc citizens Ochopec i:irc Control District arc considering the Virc Department going indcpc~dcm the County. Well we're to'lng. A gentleman fi'om thc audience said 1 am a resident of this County m) body came and asked me. Another gentleman agreed v.'ith him. Vivian .'qtorev .,;aid they didn't get out to Port of(he Islands. Would vt)u want to sig~ ~his petition ~ying you want to go independent. '[hey all said no. Vivian Y, torcy said whv not? 'I he gentlemen from thc audience said because there is not enough money. Vivian Store,, .,;aid ~,,'hen J ~,ent to them to request them to sign thc petition I said this ix only a/hct finding committee we are not going to pre.~nt it unless ~,,e can attbrd i~. It told every one ofthosc people that. 'l'i~c petition did not say wc wcrc going indepcndcm it ~'as a thct finding petition. Bob Genung .said you just asked these board members it'lhev ~,anted to go imlcpendct~t. We have been doing this for the last 4 months. A lady from the audience asked if they had any thcts or established a cost dif[crential. Page 1 5 Another lad from the audience .,;aid then how can you consider it il'you even haven't ..... Fran 'l'iffi s~ because this is step one this has to happen betbre we go to the other step. The lady the audience said ifyou arc already going and talking to Ihe legislature. Fran Tiffi you're making a mistake there listen to what she is saying. Vivian saidlou're making a mistake. When I called in and requested thc girl [ said can we come up'~,mder public petition. Just to let those members there know that there arc some citizens that are wanting to consider going independent. But we have to cio all our leg work first. Just want you to be aware that we are out there working on it. '{'hat's what it was all alxmt. A lady in the audience asked Vivian Storey when did she do this. Vivian Storey said she did this about three weeks ago beibrc that agenda. They put that on the agenda that is not what l ,asked for. A lady from the audience said but you said that is was prompted thc change in the funding. When did that happened, that couldn't of just happened three weeks ago. Vivian Storey .said the funding changed back in Jtllle. Diane Fiagg .said actually the budget was finalized Septmnber 28. 1998. The lady in the audience asked before there was any talk of independence. Vivian Storey said 1 think we were already talking aixmt independence. Tony Brock said we were already talking about it. .Vivian Storey said that 4 mils was a surpri~ to a lot of us. A gentleman from the audience asked how long }lave you been talking about it. Diane Flagg said my goat tonight is not to address allegations my goal is to give yot, all the three options and the factual inIbrmation. Vivian Storey and her inlbrmation I'm sure is correct. Page 16 18H2 Lem Penneil ~id fi~r your information too, this is the one thing that no body considers, The way we are now we are an immolated organization run by thc EMS. That's F, mergency Services these people represent they Emergency Services. We are suppose have a Fire Chief that is a Fireman who had all the qualifications and everything. We have two men like that one man got disgusted with the area a putting up with all thc things that were happening to him and he left and went to another place. I le is doing very well. Tho~ other independent Districls, they don't have EMS in their organizatiorm, they are strictly fire that's what we want. We want to be an independent Fire District. A lady from the audience said well what would you do/'or EMS scr~'ices. [.em Pennell said thc County has to do t~t ~m? way. Vivian Storey ~id the County has to be here. l'hey're going to Ix' here an,,' ~.vav. Leto Pennell .said that is one ofthe main objections that we have tbr this whole thing. A gentleman Ii'om the audience ~id isn't the County and thc rest ot'thc Nation moving toward getting EMS and the Fire Department working togethcr to have both trained and both disciplined to improve the services to the community fldly. Tony Brock said that's not true. Vivian Slorey said she found out that isn't true. She was told that tot). Charlie Reynolds .said everybody is getting a chance to say what they think about this thing. I've been a Fireman for 60 years, 60 years and l've seen things done here that 1 couldn't even tell you what they are. If this Fire Department goes independent it's going to be sorry. Lem Pennell said what is it now Charlie, it is pretty sorry now. A lady from the audience asked it' it went independent would x~c still .}ust dial 911. Tony Brock .said sure. Charlie Reynolds said yes rna,am the 911 you have 35 miles to get here. lfwe have to call an outside company to come in here the closest one we have now is East Naples to help us. If you lived at Port of the Islands it takes 14 minutes that's just getting into a car to go. Shake your head Vivian ! don't care. Vivian said that's ~wong Charlie. Page 17 16H2 Charlie Reynolds .*,aid We'll sec I hope I don't die bclbrc then. Vivian Storey said you know mutual aid would pick up. Charlie Reynolds said he worked for this Fire Department .just as good as you did. with this Fire Department for 25 years. Vivian Storey said what is the mutual aid contract about, everyb:)dy responds. I ~eml Charlie Reynolds said all the Fireman here have irmurancc, they go to the hospital and it don't cost them ~ nickel, they even pay for their teeth. I don't care myself because I'm not going to live very. long any ,.va5'. But somebody is going to be sorry'. The lady again from thc audic~rce wanted an answer to that question. If' shc dials 91 I to day would I be getting the Ochopee Fire Department. Mike Hart said yes you would. The lady then .said ifwe go independent and I dial 911... Mike tlart .said you would still get Ochopee. Mike Hart and Tony Brock said nothing changes. The lady said is it .you or your office per say that is in charge ~ffdoing thc budget is that correct. Diane Flagg said actually it is Chief Wilson in conjunction with the Advisory Board that does the budget for Ochopee Fire District. The lady then asked the people that work in the Fire Department .just like anywhere else. Diane Flagg said yes just like anybody else and I need to clarify something else for yo~. EMS is a separate Department and Ochopee is a separate Department. I am thc ChicFof Emergcmcy Services but they each have their own Chict~ that oversee their particular Department. Chief Wilson does the budget tbr Ochopee reviews it with thc Advisory Board lhen brings it to me which I then take to the County Administrator. Page 18 Mike [lan asked the Chairman if he could say something, tlc said aN~ut tile Pll,'l' money back in 1982 or in that general vicinity. Ochopee was looking to going independent. But they had the reinsurance of the County at the time that as long as they got the in lieu of taxes the PII,T money they wouldn't favor the idea of going independent. 'l'he County would look out tbr the interest ofthe Department and local citizens here. Because right now we do a majority ofour calls if i'm not mistaken is on 1-75 which is basically out of our taxing District, about 50% of our calls. So we respond to a lot of calls that arc out of thkq taxing District but we are a Fire Department and we have an ambulance service. When ,some body dials 911 we'll come a running regardless. If Pon of thc Islands has a structure fire right now and you decide you don't want to have anything to do with Ochopce Fire Control District 1 guarantee )'ou they will be there with the hose in the hand. If there is ever a structure fire in this area no matter what we have a mutual aid agreement. Eas't Naples will respond to come down here to cover our station lbr to help us in a structure lire. When you dial 911 somebody will come, money is not the issue lives are the issue. A Iol of the calls we have right now are out of our taxing District and we depend on this PILT money to subsidize our budget. But for whatever reason thc County decides to take it away and raise tile millage I have no idea. There's a lot of runners flying around why lhey did it. But we'll never know. We Imve to depend on thal in lieu of tax money because wc are servicing a Iol ofarcas outside of our taxing area and That's why we have to depend on this money. Obviously Collier County decided we are going to do things different. We.just want to sec it' it is feasible to go independent. Wc might have to cut permnnel but we will always provide the same service ?u are accustomed to ~me how some wa)'. ttarold Hall said if you and the Advisory Board arc not going tt~ try lo put together a list of advantages and disadvantages. Possible budget including and excluding Pon of the Islands. I'm going to do it myself. I'll share my information with everybody, i have access to all the Count)' records to put together tile budget. It is an easy task for mc to pul together thc inlbrmation you are talking about. I ,am disappointed that this board has not taken the steps to do that. Tony Brock .said Mr. llall 1 promise you this board, if we can ever get together to do this, to get a committee. We would like for you to be the Chairman of that committee. Bccause we know that you are competent and we knox,,' that you know a lot aNmt government and we would like for you to pursue that intbrmatkm lbr us. Harold ltall said he would be happy to serve m~y way. but that l'm going to do it xYhether you do it or not. Page 19 Vivian Stor, said tile consultant with thc ('it>'. (.'hack Moulkc. mJirl tlc would donate his mn, ices in way possible. Itc helped to write thc indepemlcm acl in 1989. It changed the[Ivay you file it. Tony Broc~i~ that he 7id he would try, and be in Immokalee Wednesday ,oo. A lady frorr he audience said il'the money is not the issue and il'thc County makes tip the short fal im the budget for the Fire Department and thc service is e×cellent, as .,.;aid no mat~ !r what whether it is inside your tax District or not. I mn wondering would be th !reason for you to go independent. Ifil is nol money and it's not service what other ~asons would there be. i'm just curious about that txzcausc right n()w. l',m of the Islands. te are ','cry .~tisfied with thc service. No one cmnplains actually there arc fe,a' people .~re would sa)' thc>' don't w~mt to change an.~'thing. Thc shorttb. II in thc budget comSs t?om the ('ounty I can't see. is it Ix'cause il's n{q .....enough. Diane Flag~ and inl~rm~ subsidizing A gcntlcma participatiot increases wi less and les~ ttarold lta mid again my purpose lbr being here tonight is just to provide you with thcts ion. It's to give you the budget to tell you how much the County is he current budget and what the cost of your currenl services are. £rom the audience said if the current trend continues ~l~c in lhe budget would be ?~ero. As the rate increases thc dcvelopmcm 're going to be at 4 mils with a higher ratable and their contributitm will ;aid there are sources of funds other than properly taxes. But thc Counlv cannot subs dize this out ofgencral fund because it is illegal. Diane Flagl~said that when she uses the word subsidy what i'm saying is that PIl..l' funds in the amoufit of $285.500.00. Harold ttall that is not a subsidy. l)ianc 'File)' Fire Dist ttarold ltall County purchase iai continued to say that they give that money to the ~')chopcc Fire District. lo but thcv do. The rc~,son lhat thc)' do that is }~causc yt}ur services cost and taxes only generate $495.500.00. So the board gives thc ()chopcc .500.00 in PILT fimds and $74.(100.00 in fire coverage. contractual services. ()chopec contracted the County to service lhat strict. Ochopec could contract with the County to service thc area. We're not talking a subsidy. I don't like thal ,.v~rd. Page 20 Diane Flagg said then let me use a different word. The taxes are $495.000.00 your costs are $910,000.00 the balance ofthe money comes from the County. Harold ltall said other ~uu'ces of income. Kent Omer said call it a donation. llarold tlall said the County cannot in anyway subsidize this District with any kind of general other lhan what has been designated by the Federal or State government to come to Ochopee. Diane Flagg .said call it whatever you want to call it. llarold llall said sounds like you won't get it il'you go independent and I don't know there is advantages and disadvantages both ways. Kent Omcr ,';aid but remember it is thc voters with in this District that have thc final approval, irregardless of whose recommendations. ltarold flail said there is new text under the new legislation it does have to Ix' agreed upon by the County Commission. Now if there is a pretty, prelty strong response from the voters to go independent and unless the County Commission has some real scriot,s doubts about that then they will go along with the voters. But I think tiffs. I got m~'mgh confidence in the £olks here and the other people in the District. lt',,ve can ~e what the advantages and disadvantages are that includes the financial side the .~,cial economic impacts are. If we can see those things laid out in front of us £actually. I'm convinced we go to a vote we will vote what is best maybe it's &pendent and maybe it's independent. Let's have an intelligent decision making process. Tony Brock said that is true Harold ! agree 100%. ()ne thing I want to say to all you Port ol'lhe Islands people. I think the reason the County is relishing a lot ofattcmion on you folks right now is because otCthis independence thing. Before this Department decided Io go independent did you ever hear anything from thc Counlv. The Port ofth¢ Islands residents who were in thc audience said thcv haven't heard a thing from the County. Tony Brock said nothing against Paul or Diane but this County ~his EMS Department has done nothing but lie to this Fire Board ever since we've been a Fire Board. They don't do anything the say they're going to do. Like we tried to get you guys service many years ago. the County is the one who didn't allow us to do it. Page Bob Genung .said Ihere wasn't nothing there to service. Tony Brock said I'm talking 5 years ago there wasn't nothing there. Bob Genung said there wasn't much there. Tony Brock said there was a lot there. A lady fi-om Port o£th¢ Islands in the audience ,said that the Count)' doesn't pay us any attention. The only reason why I'm here tonight is becau~ he told us there ,.vms a meeting other wise we'd a never known. Tony Brock said the reason you're getting thc attention is because they v,'ant your support because ...... Lcm Penncll said they want to see how big you're going to get. You're growing all thc time more taxes coming in. Tony Brock ,said ya. Bob Genung ,said they want to service us they don't wahl our taxes. Tony Brock ,said we have wanted to service you they have tbught us serving you fi)rover. We've been trying to put a fire truck there tbr 10 years and they wouldn't let us. I just want you to know I think Port ortho Islands would be better off if this District went independent. The lady in the audience from Porl of thc Islands .said thc big dilli,'rcncc is it's going to cost us n~.,re money. Tony Brock .said it' it is going to cosl you more money we won't do it. It WOll'l J'x2 t. Joll¢. Fran liffi asked tbr the P, oard to bring the meeting to order so people could hear. Everyone was talking. Commander Wilson said Tony in reviewing the records and documents in 1995 this Fire Department through it's previous Chief'was directed to bring Port of the Islands on line with a station and a volunteer organization. I ,still possess those documents and they arc available for anyone ofyou to preview. That is one of the first things that I tackled when 1 came here and I was directed to do ~'~. Because it had not been done in thc past. Pagc 22 Diane Flagg ,,.;aid he is right. Tony Brock said you amy be right but I can't respond to that. But okay because o f what we have discussed as a Board. We 'know that through ChiefDocrr he wanted l'on ofthe Islands. he wanted a truck there, hc wanted a station there ~md they would never do anything about it. Commander Wilson said it was his job to do it, Tony, Tony Brock mid he wanted to do it, he was ChicfofOchopcc Fire District. Commander Wilson .said 1 made il my job to do it. Finn Tifft said I remember man), meetings that we discussed thru and thc developer and Vince were working together, l'he developer had promised to put up a building that we could put a fire truck into. A gentleman from Port ofthc Islands in tile audience asked what developer it was. Fran l'iffi said she did not know. Some people Ii'om the audience said Ray. The gentleman from the audience .said that was the old owner. Fran Tiffi said they were going to help train Volunteers for there. Yot, know one thing that I would like to say to you people from Port ofthe Islands this was a Fire Station and it became a Fire Station with fish dinners. You can laugh at that but that is how it came into being with Volunteers and Community activities of this type. It ,.vas a Fire Department for many, many years. When I was on the Board. when Diane came on board all ora sudden it became an EMS District ,and that is when i left the Board. 1 didn't feel it was right and I still don't fed it is right. But that was tile big change when it went from a Fire Department which is what we had here to ,-m organiT~ttion under }".MS. With a totally different .structure and we had absolutely no say and we still have no say in it. Page 23 .1. &H2 W A gentleman from the audience po~d a question to Tony and Mike. lte .said you foci the PILT funds will come down the road. If'they don't come do you think we have a big problem going independent? Tony Brock and Mike Hart both said yes. Thc gentleman from the audience thaslked Ihem. A gentleman ti'om the audience said it' you guy can cut the budget like you say how come you didn't cut the budget this lime, cut the expenses back. Tony Brock mid this Board has no power to do anything sir. 'Ihe gentleman in the audience said didn't they the budget made up by you guys. Tony Brock said the budget is made up by the Chief. Commander Wilson said I make up the budget they each receive a copy of it Io Ne reviewed they approve it. I have it on the mint,tes. Leto Penneil and Tony Brock both said they have to approve it. Lem Pennell said there is nothing they can do about it. The gentleman from the audience said so you approved thc raise. Commander Wilson said the only thing that changed was the millage. Tony Brock said we have tried to disagree before, it tails on deaf ears. The gentleman Ii'om the audience said if you disapprove it does it still go through. Iony Brock said yes. Kent Omer said we are just an Advisory Board. Commander Wilson said this was his first year, it was approved thc only thing fha! had changed was the millage rate and I have no control over that. Diane Flagg said she was not aware of that. flare you all ever disapproved a budget. Tony Brock said we have questioned budgets many times. Page 24 Diane Flagg aid have you ever disapproved one. Tony Brock aid well what good would it do to disapprove one. A lady from. l~he audience said sir did you tbel that the budget was too high. Do you feel you could h~ ;e worked with a smaller budget. Tony Brock The lady fro do you think Tony Brock A lady in th, people gettir Tony Brock' Volunteer. fid there were mine things on some previous budgets that we objected to. I the audience again said lbr instance the budget right now tbr $910.800.00 ~ou could have cut that. lid honestly I don't even look at them an)' more. audience addressed the Chairman and she said, Mr. Chairman arc these paid to sit on the Board. ad several ofthe other Board Members answered not one red cent. it is all Ken Orner id it is Volunteer but we are appointed bv tile County Commission. t Charlie Rey~>ids said we don't get nothing. The Lady fromm the audience said but you had to go and ~ck this position il'you ~'cre b~the County Commissior~crs, right. They didn't,draw yo~ ' appointed r name out of a hat. Charlie Reyr~olds said we had to send them a resume and it goes to the County Commissionl~rs, then we are appointed by them. The Lady audience ,said you actively sought the positions you are siuing in District. Tony Brock in the the Ocho he was personally asked by the lbrmer Chicl~ I live in Ochopcc. I live I live 3 miles north of 41 at the end ora road. I was asked to represent because I live in that area. The lady fro the audience said my point is if you have been asked to represent you area and you are here in the capacity to oversee ..... Page 25 l.em Pcnnell said may 1 tell you ht~v,' this works. The Count>' issues a statement in the newspapers and any periodicals tirol the,,' want to dislributcd through trot to thc County that they are asking people to Volunteer to work on the Boards. It is not just the Fire Board it is ali the other Boards the County has. Ochopee Fire Board is thc same way. If you want to .sene on there you put your resume in and if the staffapproves it I underst',md then you'll be appointed by the Board. (When the first side ofthe second tape began it was in the middle ofa conver.~tion) A gentleman l?om the audience was saying you agree to it and you agree Io it. Commander Wilson ~id that is the wa)' it would have been submiued to thc Manager's Office that is correct. A gentleman from Port of the Islands in the audience ~fid they would have N:cn cut something Ii'om that budget. Commander Wil~m .said that is correct. The gentleman ti'om Port of the Islands mid why didn't you do your job. Tony Brock said we have never been able. The genlleman from Port ofthe Islands said you didn't even try that's your problem. Tony Brock .said we have never been able to do anything, wc have tried over thc ,,'cars. The gentleman Ii'om Port of the Islands .said you keep talking about it but you don't do it. Vivian Storey said why don't you come to the meetings and lind out. Tony Brock .said ya why don't you attend, good. Thc gentleman frown Pon of the Islands said hc is going to ctm~c Io :}1¢ meetings. Vivian Storey said come to the budget meetings and see how it is rim. The gentleman Ii'om Port of the Islands said I'm not talking atxml his budget, l lc just said that he could have cut something from it. Vivian Storey said they raised the millage and they didn't even know about it. Page 26 The gentleman from Port of thc Islands said we're not talking millage rate we arc talking budget. He proposed the budget he's only here one year not even at lhat time. Vivian Storey said did you request an increase of $5,000.00 for training funds ,.,.'hat did he tell ya. I was there I will never forget that. He said lets wait till thc middle ofthe )'ear and will submit an amendment to it. Mike ltart said an amendment. The gentleman from Port ofthe Islands said if you indicated one line with a dollar oil: Tony Brock said we tried that. It doesn't work. 'l"he gentleman from Port ofthe Islands said you would have excepted it and submitted it to the Commissioners of Collier Count)'. Commander Wilson .said it may have been done )'es that's correct. In response to that Vivian that's because we had plans to drop $3.20t).00 worth of satellite and move that the budget that's how it wa_q going to be increased. Vivian Storey said she was not talking about that. At thc moment they asked you to change the budget and you said no we can do it later. They requested it and you didn't do it. Vivian Storey said am I right. Commander Wilson .~aid did the)' not approve it tis il was, did the.,,' not approve it as it WaS. Vivian Storey said ! was there, they had not my so. You ran the show thc>' have no say .SO. A gentleman from the audience said the Board always has say Vivian Store>' .said no they don't sir. You need to go to thc meetings to see it. l,em Pennell said you have say ~ but nobody pays any attention to il. A gentleman ti'om the audience .said he just said he had a ~y so. Vivian Storey said whal did you.just hear him my. You only heard what you wanted to Page 27 The gentleman ti'om the audience said he .,.kaid lit: had a sa.,,' so but notx~dy listens. But you never put anylhing in wriling. ! got lo come down and read thc mim~tcs. Vivian Storey ~aid who's Ihult is that. That ~mm's secretary righl there puts dox~n x,'ha~ he wanls her to put down. Thc gentleman t~om the audience ~id and you don't question ~hc mint~tcs in Ibc meeting what he's x~viting down. Vivian Storey said what's thc ~nse in ii. Ifs the County they do what they xv:tnt Io do. Commander Wilson ~fid sir that's ~hy i have the original tapes and all thc minutes locked up. Because Ihey did disappear from Ibc first meeting. VMan Slorey mid that's bull crop. Leto Pennell made a motion Io adjourn and so did Tony Brock. The meeting adjourned at 8:35PM. Charlie Reynolds. Chairman f)chopee Fire Control District Advisor).' Board Page 28 e ,~ lin utes qf ,f/l 2/9 9 The Radio Road Beautification MSTU Advisory Committee MeetinC4.4;f §/~¢j~ was called to order at 4:35 PM. loard of Count.~ C~fss loners ROLL CALL: Members present were: Bill Jaeger, Crystal Kinzel, Kate Godfrey, Susan Suam. Members absent: Wolfgang Shultz (Excused). Also present: Dayna Fendrick and Dan Novakovich of Wilson Miller; Dan DeCesare with Collier County Transportation Services Department. 3. MINUTES of the March 8, 1999 meeting: were amended then approved by Bill Jaeger and seconded by Crystal Kinzel. Amendment was from Dan DeCesare. Number 5: Transportation Report, third sentence should read: "Ed informed the committee that a loan could be available through interdepartmental transferc~o,,a,q~l approval by BCC that will help accelerate the schedule. Carter .~,~=:;;:[~ -- ~enstanttne 4. LANDSCAPE ARCHITECT'S REPORT: ~c ~ rry · Dayna reported on the "final master plan", a model of scheme A with part of scheme B included, which was accepted at last month's meeting. Dayna took the scheme option throughout the entire streetscape saying that it was a conceptual design. Dan DeCesare confirmed scheme A, the least expensive, was accepted at the last meeting. Dayna recommends non-irrigated sod because of the 6 lanes which will shave off 9 feet on each side. Full irrigation had a lot of throw away costs; interim irrigation would irrigate the planting beds using a hay sod for turf areas at a lower cost and less maintenance, than full irrigation. Crystal asked about xeriscaping with no irrigation. Dayna said no irrigation could result in losing 98% of the landscape and that even grasses need irrigation. She said water trucks were costly and inefficient. Crystal said she wanted more plants in the middle, but was concerned about water restrictions. Dan Novakovich said they will plant landscape that requires less irrigation, but water is still necessary. Crystal asked about irrigation types and pipings. Dayna said she had done a study and estimated about $11,000 per year in savings by not watering the turf and estimated a cost of about $6,000 per year with the current plans. Watering the entire median would average $17,500 per year. Dayna explained the plans. She had included the future median configuration. Dayna said where the medians are more than forty feet wide now, they plan for larger canopy trees; where narrower, and restricted, they will have smaller, ornamental trees. Dayna showed examples. There are six er' seve~rr~. ¢fns out of twenty-two that can have canopy trees. Mi/~t~tc~ of 4/12/99 Crystal said the committee needs to discuss types of trees. Crystal said there is a "low-ride" option without trees. Dan Novakovich said there are sightline limitations on' planting trees and shrubs. Dan Novakovich pointed to examples of restricted areas where nothing higher than 18" can be planted. Dan DeCesare asked if it was necessary to make a decision on trees during this meeting. Dayna said it was not necessary, but they have a list of recommended trees. Dayna said they recommend mostly native trees. Dan Novakovich said these trees have been successful before. Dayna said they are using potable water because of problems with wells, like vandalism. She said she would give a cost break down including top soil to fill the medians. Dan DeCesare asked if it includes modifications to the storm water structure. Dayna said they don't have a specific way to work with that, but doesn't think it will be expensive. Sue had a question about the price difference between Scheme A and the proposal price. Dayna said the difference is because it is a combination of scheme A with some of scheme B. Dayna said the numbers are fluctuating, for instance, the price for ground covers could come in lower. Dayna said that they are being conservative with the price. Dan Novakovich said that the price is for estimating purposes. · There was a question raised by Bill Jaeger about how many contractors would do the job. Dayna said one contractor working on the entire job. Bill asked if they were at the point to put the contract out to bid. Dayna said no, the next step is to design the project and prepare the construction documents and specifications. Then it would be put out to bid. There was a discussion about the expense of canopy trees and hurricane concerns. Kate brought up putting in palms. Crystal said that they want trees that will not take the watering that the others do. Sable palms were discussed. Dayna said sight restrictions on palms are a problem. Crystal said that she does not like the scraggly looking trees, but likes the more manicured trees. Dayna said planting procedures affect the way trees look. Dayna said the plan includes more manicured looking plants. Dayna said that all trees have some drawbacks. There was a discussion of some of the problems that each tree has. Dan Novakovich said the problem with sable palms is the sightline factors, and that sable palms cannot be planted more than one every 164 feet. He said 150 trees is not a lot for the three miles of medians. Dan showed an example. Crystal asked if it would look more uniform to stick with the little shrub on the end and not go into a lot of trees, since down near Briarwood there would not be a lot of trees then there would be near Berkshire. Dan Novakovich said this is Ratlio Rmul lleattt!fication 3lecting .~ ~'. ~ 2 I ~ Mimttes o. f4/12/99 because of the size of that median. Dan Novakovich asked if there was a need to redesign the scheme that has been decided upon (scheme A with a small amount of scheme B) because of the issue of cost. Crystal said that the concern was equilibrium between the medians, some had more trees than the others. Dan Novakovich suggested dispersing some of the trees in the sod to make up for the lack of trees in other areas. Crystal said that she wanted to talk about the design aspect more. Crystal suggested that people in the committee go out and look at some landscaping examples and there was a discussion about places to look at. Dan Novakovich asked if the committee was interested in immediate aesthetics as opposed to waiting ten or fifteen years for the canopy trees to develop. There was a discussion of multi4imb trees versus canopy trees. Dayna said that she thought it was impodant to have some height in the median. Dan Novakovich reminded the committee that there are many restriction concerning using sable palms, and, even though they are the native palm, they are not allowed to be used on all of the medians. Bill Jeager asked where we were with the project. Dan DeCesare said that Wilson-Miller has completed the current work authorization to develop a master plan and that was what they were looking at today. The next stage is to design the project. He said that he will be negotiating with Wilson-Miller on their scope of services for the next phase Dan DeCesare asked Wilson-Miller if there was a report or something they could present to the committee about what has been accomplished so far. Dayna said she will fax Dan DeCesare a design summary, examples of medians, and a tree list for the committee's review. Dan DeCesare said that at the next meeting they will review Wilson-Millers work authorization for the next phase of the project. There was a discussion of the cost of Wilson-Millers services and Dayna said roughly $25,000 Bill asked about the role of Wilson-Miller and the selection of the contractor. Dan DeCesare said the County purchasing policy is to advertise for bid and award the contract to the lowest responsible bidder. Dayna said the contractor must also meet the Wilson-Miller design specifications. Dan DeCesare said that Wilson-Miller will proceed forward and the question about trees will be addressed next meeting. Dayna said that it was important for the committee to look at some medians around the area and review the color pictures and a plant list. There was a discussion of the water that was going to be used and there was a concern raised about using potable water. Dan Novakovich said that reuse water is not available for the medians in this area. The committee raised concerned about this. Radio Road llcm¢l!fic~tlion Mcc/in.~, ,'Winutes of 4/I 2/99 Bill Jaeger asked about using well water. Dan DeCesare said that they would look into using an alternative type of water beside potable water. Dayna described the watering and irrigation plan that they have in place. There was a concern raised about the irrigation when the six lanes were added to the road. Dayna stated that the main lines have been placed so as not to be affected by the expansion Crystal stated that she would like to know more about when the expansion would be taking place to make sure that this did not coincide with the construction and she would like to know the time schedule before the next meeting. 5. TRANSPORTATION SERVICES REPORT' Dan DeCesare said there were no 2ermits issued for the plantings at the Nodh side of Radio Road at Commercial Drive. There was a discussion about who was responsible for that work. Dan DeCesare said he could check with Code Enforcement for any information. Bill Jaeger said that if Code Enforcement doesn't know, than it is up to the committee to look into beautifying. Dan DeCesare went over the current budget. Crystal said that one of the issues of the budget were the transpodation, administrative, and engineering services fees and that there was going to be a recalculation of the numbers. Dan DeCesare said he had no information on that. Dan DeCesare asked Wilson-Miller for more concrete numbers for the construction and maintenance costs so that he can determine the loan the committee can borrow. Sue questioned the estimate for maintenance, since 6 months was at $75,000 and 12 months at $100,000. Dan DeCesare said he estimated $75,000 because he was not sure when maintenance will begin next year. Crystal was concerned about the money listed for administrative fees. Dan DeCesare said the number was based on County distribution and were set based on generated revenue. Crystal asked for the minutes to reflect that the committee has asked for a budget to explain the calculations on the administrative fees in the past. Dan will try to explain this next meeting. Dan DeCesare said the object was to have a balanced budget for next year and to project a possible loan. Crystal asked for a time frame for project completion. Dayna said the construction would be about four to six months. There was a discussion about the length of the project. Dan DeCesare said, based on the schedule from last meeting, construction should begin in Dec. 1999. The committee expressed concern about the project beginning during peak season. Dan DeCesare said that the committee would need to vote on whether to delay the project or continue. [] The committee decided that the meeting time would remain the same. /tiff.tics of 4/12/99 Dan DeCesare said that at the next meeting the committee should discuss the next project phase. Crystal said that they need to approve the next phase and review the next Wilson Miller's work authorization, finalize the master plan, and review the issue of using wells. Crystal asked Dan to check on if there is a new time schedule for the Radio Road six laning. Dan DeCesare said that the committee should do some home work by reviewing examples of existing medians around the area. 6. OLD BUSINESS: There was no old business to report. 7'. NEW BUSINESS: There was no new business to report. 8. PUBLIC COMMENTS: There were no public comments. 9. ADJOURNMENT: There being no further business, the meeting was adjourned at 6:15 PM. The next meeting will be held on May 10, at 4:30 p.m. at the Golden Gate Community Center. 16H2 April 6, 1999 ~ TRANSCRIPT OF THE MEETING OF THE ..'.~ PUBLIC VEHICLE ADVISORY COMMITTEE ' ';~ April 6, 1999 Met on this date at 8:30 a.m. in REGULAR SESSION in Building F of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: Acting Member: Pat Baisley Clifford W. Flegal, Jr. Thomas W. Lugrin Anthony p. Tesauro Bryan L.S. Pease ABSENT: John Dougherty ALSO PRESENT: Michelle Arnold, Code Enforcement Director Maria Cruz, Code Enforcement Specialist Tom Palmer, Assistant County Attorney Constantine ~ ~ Page 1 COLLtR COUNTY PUBLIC VEMICLE ADVISORY COMMITTEE April 6, 1999 8:30 a.m. COLLIER COUNTY GOVERNME~ CENTER 1,30! E. TAMIAMI TR. ADMINISTRATIVE BUILDING, THIRD FLOOR ANY PERSON DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD~OF THE PROCEEDINGS PERTAININO THERETO, AND THEREFORE MAY NEED TO E~SURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH T~E APPEAL ISI~ RE BASED. I. ADDITIONS OR DELETIONS: II. .A~PRoV~AL OF AGENDA: APPROV~ OF MINUTES Janua iU~IS, 1999 IV. NEW B NESS: A. Step~en Giannasoli d/b/a/ Krystal Limousine Services,Inc. Req%f~st for approval to operate a charter service B. Da i~ Shkolnik d/b/a Platinum International, Inc. Re.st for approval to operate a charter service Ve VI. VII. C. Rob~ Mooney d/b/a AA Transporation Request for approval to operate a charter service OLD BU~NESS: REPORT~ DISCUSSION: Discussion of Board member's attendance record VIII. NEXT MEETING DATE: July 6, 1999 April 6, 1999 CHAIRPERSON BAISLEY: I call the meeting of April 6, 1999 to order. I believe we need to make a roll call. Last time we did. MS. CRUZ: Yes. CHAIRPERSON BAISLEY: Maria, would you like to do that? MS. CRUZ: Pat Baisley? CF~AIRPERSON BAISLEY: Here. MS. CRUZ: Bryan Pease? MR PEASE: Here. MS CRUZ: Tom Lugrin? MR LUGRIN: Here. MS CRUZ: Clifford Flegal? MR FLEGAL: Here. MS CRUZ: John Dougherty? (No response.) MS. CRUZ: And Tony Tesauro? (No response.) MS. CRUZ: Let the ~ecord reflect that Mr. Tesauro and John Dougherty are absent. I did not get any call from them excusing the absence. CHAIRPERSON BAISLEY: Neither did I. Do we have any additions or deletions to our agenda for today? MR. PEASE: I would like two additions. One would be proper procedures for questions from permit holders and the other, clarification on the p.o. box -- safe deposit box. MS. CRUZ: I have -- one item was going to be in regards to the PVAC committee's keeping records in Collier County. I also have a memo from Mr. Tom Palmer that I'd like to provide the board members with. MR. PEASE: I also have requested the topic of multiple company names and permit fees associated with that. MS. CRUZ: Two more items, Madam Chairman. I'm sorry. The status on the Ordinance No. 95-66 amendments. A~d also, we have an application from Carol Marshall, doing business as Ar~er Coach Cab, requesting for approval to operate a charter service in Collier County. CHAIRPERSON BAISLEY: Okay. Do we have an approval of our agenda for today? MR. FLEGAL: I make a motion we approve the agenda as changed. CHAIRPERSON BAISLEY: Do I have a second? MR. LUGRIN: I'll second. CHAIRPERSON BAISLEY: All in favor, say aye. (Unanimous vote of ayes.) CHAIRPERSON BAISLEY: Okay, I need an approval of our minutes from our January 5th, 1999 meeting. MR. PEASE: I'll so move. CHAIRPERSON BAISLEY: Do I have a second7 MR. FLEGAL: Second. CHAIRPERSON BAISLEY: All in favor, say aye. (Unanimous vote of ayes.) CHAIRPERSON BAISLEY: We move on to our new business. We have -- our first application is from Stephen Giannasoli, doing business as Krystal Limousine Services, Inc. Request for approval to operate a charter service. Is Mr. Giannasoli present? Can you swear him in, please. (Mr. Giannasoli was duly sworn.) Page 2 April 6, 1999 CHAIRPERSON BAISLEY: I would like to mention at this time that I would like to be part of the discussion of this applicant, although I would -- I will abstain from voting, due to prior business dealings with this applicant. MR. PALMER: Chairman -- Ms. Baisley, the prior business relationships are not a basis to not vote. CHAIRPERSON BAISLEY: Even though he was employed by me? MR. PALMER: That does not make any difference. Past history is irrelevant. CHAIRPERSON BAISLEY: That's fine then. MR. FLEGAL: Maria, question. He did run a fictitious name ad? MS. CRUZ: Perhaps he can answer that question. I did not -- MR. FLEGAL: Did you run a fictitious name ad? MR. GIAN-NASOLI: No, sir, just a corporation. MR. FLEGAL: Okay. Can you tell me, sir, who owns you:: vehicle? MR. GIANNASOLI: It was leased through Capital Leasing. MR. FLEGAL: Okay, and why don't we have a copy of the lease? I have a lease from you personally to this company for $20, and of a $65,000 automobile, that kind of makes me curious as to -- it must be owned by somebody. CHAIRPERSON BAISLEY: Well, and the registration indicates it's owned by Krystal Limousine Services. MR. FLEGAL: Yeah, but he's got to lease what -- he's leasing it from himself personally -- CHAIRPERSON BAISLEY: Which wasn't necessary. MR. GIA/TNASOLI: I wasn't aware I needed it. I would have supplied it for you, sir. I do have it. I own the vehicle at the end of the lease. MR. FLEGAL: Could you tell me why your insurance has 'fellow Cab on it? MR. GI~LNNASOLI: Doing subcontracting work for them. They were to be a certificate holder, and I did a little bit of work for them prior to this meeting under their license. So they needed '2o be a certificate holder, is what I was understood to do. Along 'with Board of County Commissioners. CHAIRPERSON BAISLEY: I obtained temporary permits on inis vehicle when I subcontracted his vehicle at this point. MR. GIANNASOLI: It was minimal, though. CHAIRPERSON BAISLEY: You only propose to have one vehicle at this time? MR. GIAN'NASOLI: Yes, ma'am. MR. FLEGAL: You say the vehicle was through Capital L~asing? MR. GIAN'NASOLI: Yes, sir. Which is part of Prime Leasing, Incorporated. I bought the vehicle at Gateway Coaches, in Ft. Myers, which would be the dealer, and they set up the financing an~ such, commercial lease. CHAIRPERSON BAISLEY: Do we have any other items to discuss on this applicant? Tom, were you able to see a copy of the criminal history that was given to us after? MR. LUGRIN: It really has no bearing. CHAIRPERSON BAISLEY: That's past the time frame? MR. LUGRIN: Yes, right. MR. PEASE: It's still a three-year time frame? MR. LUGRIN: Correct. MR. FLEGAL: Will you drive the limousine, sir? Page 3 April 6, 1999 MR. GIANNASOLI: Yes, sir, I will. CHAIRPERSON BAISLEY: Do I have a motion on this applicant? Lets not everybody speak at once. MR. PEASE: All the introverts this morning. CHAIRPERSON BAISLEY: We're not awake, that's why. MS. ARNOLD: Just for your information, the court reporter's getting another machine, and she'll catch up what she needs to from the tape, so we're still being taped, so you don't have to worry about that, and she'll come back up when she retrieves her second machine. MR. LUGRIN: Sir, are you aware that if you add a second vehicle or more to your fleet, that you'll have to move the business out of your home? MR. GIANNASOLI: Yes, sir, I'm fully aware of that. Yes, sir. MR. LUGRIN: I'd like to move that we approve this applicant. CHAIRPERSON BAISLEY: Do I have a second on that? MR. FLEGAL: I'll second it. CHAIRPERSON BAISLEY: All in favor, say aye. (Unanimous vote of ayes.) CHAIRPERSON BAISLEY: You're approved. Good luck. MR. GIANNASOLI: Thank you very much. What would be the next step for me to take? CHAIRPERSON BAISLEY: You will need to see Maria Cruz to obtain your permit. MR. GIAI~NASOLI: Okay. I'll do that today? MS. CRUZ: Yes, sir. MR. GIANNASOLI: Thank you very much. CHAIRPERSON BAISLEY: We move on to our second applicant, David Shkolnik -- is that the proper way to say that? MR. SHKOLNIK: David is fine. CHAIRPERSON BAISLEY: It's close, okay. Doing business as Platinum International, Incorporated. Request for approval to operate a charter service. We need to have him sworn in. MS. CRUZ: I can swear him in, I'm a Notary. CHAIRPERSON BAISLEY: Fine. MS. CRUZ: Raise your right hand, please. (Mr. Shkolnik was duly sworn.) MS. CRUZ: State your name for the record, please. Your name, for the record? MR. SHKOLNIK: David Shkolnik. S-H-K-O-L-N-I-K. MS. CRUZ: Madam Chairman, the item -- the only item that is missing in this application is the application fee. And the reason for that is Mr. Shkolnik provided a check including the -- assuming that the application was going to be approved, and he included also the certificate fee and the application fee. CHAIRPERSON BAISLEY: Okay. MS. CRUZ: Z do have the check here. And if I may add, there is another item, which is the registration of the vehicle. MR. FLEGAL: Sir, do you own the vehicle, lease the vehicle, or MR. SHKOLNIK: I own it. MR. FLEGAL: Did he submit any rates? MR. PEASE: It's on Page MS. CRUZ: Page 11. MR. FLEGAL: Page 117 MS. CRUZ: Yeah. don't see any here. Page 4 April 6, 1999 MR. FLEGAL: Okay, thank you. CHAIRPERSON BAISLEY: Do we have the criminal background disclosure on MS. CRUZ: Yes, ma'am. That was one of the records I provided this morning. MR PEASE: I don't think I got a copy of that. MS CRUZ: It's the one with-- highlighted. MR FLEGAL: Oh, okay. It's just a one page. MR PEASE: One page? MR FLEGAL: Do you have to hire a driver, sir? MR SHKOLNIK: What? MR FLEGAL: Will you hire a driver, or -- MR SHKOLNIK: In time, yes. MR FLEGAL: Maria, you say you have the registration, or you don't have it? MS. CRUZ: I do not have the registration. MR. PEASE: My copy of the credit report was unreadable, but assume the original is available? MS. CRUZ: I could give you my copy. MR. PEASE: I thought it was my eyes at first. CHAIRPERSON BAISLEY: I did, too. MR. FLEGA~: That's the big question, do you pay your bills on time? MR. SHKO IK: Oh, yeah, always. MR. FLEGA~: Good. MR. LUGRI~: You have an office at the 4001 Tamiami MR. SHKOL~IK: Yes. MR. LUGRIN: -- Trail address? THE WITNM~S: That's the Gulf Management. MR. LUGRI~: But you're not going to operate the vehicle there or -- MR. SHKO IK: No. That's temporary. And I'm purchasing a house in Naples and ~oing to be closing somewhere around the 22nd of April. CHAIRPER~DN BAISLEY: Do we have any other discussion on this applicant? MR. FLEGl ,: I make a motion we approve. CHAIRPERSi)N BAISLEY: Do I have MR. PEAS~ I'll second. CHAIRPERSi~N BAISLEY: -- a second? All in favor, say aye. (Unanimou~ vote of ayes ) CHAIRPERSON BAISLEY: You're approved. Good luck. MR. SHKOLNIK: Thank you. CHAIRPERS BAISLEY: Our next application is from Robert Mooney doing business as AA Transportation. Request for approval to operate a charter se ce. Mr. Moone Would you! him in, please. (Mr. Moonl y was duly sworn.) CHAIRPERS{ BAISLEY: We currently have a company license as AA TransportatJ MR. FLE( MS. CRUZ: CHAIRPERS~ MS. CRUZ:i AA Transportat do we not? Yeah, that was going to be one of my questions. There is -- BAISLEY: There is one license. and it's operated by Mr. Mooney. It's owned -- the is owned by -- Page 5 April 6, 1999 MR. MOONEY: Thomas. MS. CRUZ: -- Thomas Mooney. MR. MOONEY: My son. CHAIRPERSON BAISLEY: We don't have any indication in the packet here that Thomas Mooney is selling to Robert Mooney? MS. CRUZ: That's correct. MR. FLEGAL: Who is Sandra Fordly? MS. CRUZ: Sandra Fordly owned AA Transportation prior to Thomas Mooney. I believe Mr. Mooney is waving a -- is that a sales contract? You might want to provide that to the chairman. MR. FLEGAL: You haven't bought the company yet? MR. MOONEY: No. CHAIRPERSON BAISLEY: It won't do him any good if he buys the company and he can't obtain the permit. We've been through this before with other applicants. MR. PEASE: It's the egg before the chicken. MR. MOONEY: That's the same contract that has occurred three times with this company, basically, in terms of trying to make the transition. MR. PALMER: There's a question about this application, about this felony conviction. It's not five years old yet. And on the ordinance on Page 24, conviction of a felony, regardless of adjudication, is a basis for denial of an application. This felony will not be five years old until August of this year. The three-year application applies to drivers, the five-year time applies to applicants. MR. PEASE: Mr. Palmer, what was the date you said? MR. PALMER: The date of the actual was 8-3-94, and the imposition of sentence was on 9-29-94. MR. PEASE: Do you use the first date or the second date? MR. PALMER: Well, I would imagine it would be the first date, provided in this case there was a plea of nolo contendere. The fact that adjudication was held is irrelevant for the purposes of the application of this ordinance. So if this case had been dismissed as of that time, it -- but since in fact it was a sentence of one-year probation, I think it would be retroactive to 8-3-94. This is a -- this is for odometer swindling. Grand larceny, felony counts. CHAIRPERSON BAISLEY: So we really can't do anything with this application until after 8-3 of '99? MR. PALMER: The application should not be granted based on the fact that there's a felony within the last five years. MR. FLEGAL: That was going to be one of my questions. Based on that, I'd make a motion we deny this and he can reapply in September, if he'd like. CHAIRPERSON BAISLEY: Do I have a second on that motion? MR. PEASE: I have a question. CHAIRPERSON BAISLEY: Okay, you can make a question. MR. PEASE: Thank you. In terms o~ the financial side, the criteria the ordinance lays out for -- in relationship to the credit report, and on what basis is the permit denied or approved on that -- those particulars? MR. PALMER: My understanding was that if it's business related, personal matters are not relevant. But if in fact somebody has been in the business and have not paid their creditors in the business Page 6 April 6, 1999 context, that's what we're concerned about. MR. PEASE: So if they had not been in our industry but have some items which maybe need further discussion, that would not be in -- because they haven't been in the transportation business? MR. PALMER: For example, if they bought themselves a fishing boat and didn't pay on it. These kinds of matters don't have a bearing. But if they're involved in a business and they aren't -- and they're extending credit and they do not pay their creditors, that's what the focus is. MR. PEASE: But if it's personal, then -- MR. PALMER: Yeah. MR. PEASE: Okay, I'll second the motion. CHAIRPERSON BAISLEY: All in favor, say aye. (Unanimous vote of ayes.) MS. CRUZ: Madam Chairman? CHAIRPERSON BAISLEY: Yes? MS. CRUZ: I'm concerned with the sales agreement that we've been provided with the status of the current owner of AA Transportation. Does seller agreement -- is says they will automatically transfer to Robert Mooney. Does that mean that AA Transportation is not in business anymore? MR. FLEGAL: Well, as I understood the agreement he passed around, it's not dated, so I assume it's not an agreement yet. MR. MOONEY: Yeah, it's not valid unless I got, you know, approval. MR. FLEGAL: I mean, they've signed a contract and didn't date it, so -- MR. PALMER: Conditioned upon approval of this board. MR. FLEGAL: Right. MR. PALMER: Sure, that makes sense. MR. FLEGAL: There would be no sale, so I assume AAA (sic) could still operate under its other owner, unless he just doesn't want to be in business anymore. MS. CRUZ: Okay, thank you. MR. MOONEY: So I could reapply -- MR. FLEGAL: In September, sir. MR. MOONEY: In September. MR. FLEGAL: Yes, sir. CHAIRPERSON BAISLEY: Yes. MR. MOONEY: Okay. Thank you very much. CHAIRPERSON BAISLEY: Move on to our next application. Carol Marshall, for Amber Coach and Cab. Is Carol Marshall present? Would you be sworn in, please. (All speakers were duly sworn.) CHAIRPERSON BAISLEY: We will need to know names for each of you, please. MR. FLEGAL: Would you state your names for the young lady, please. MS. MARSHALL: Carol Marshall. MR. MARSHALL: Ron Marshall. MR. DeCAUSSIN: Robert DeCaussin. THE COURT REPORTER: Would you spell that, please? MR. DeCAUSSIN: D-e-C-A-U-S-S-I-N. MS. CRUZ: Madam Chairman? CHAIRPERSON BAISLEY: Yes. Page 7 April 6, 1999 MS. CRUZ: This application is missing the criminal history background. CH3%IRPERSON BAISLEY: Okay. MS. CRUZ: It's in the process of -- it's been requested -- has been requested to be processed, but it takes a little longer. CHAIRPERSON BAISLEY: We are missing the credit report also? MS. CRUZ: That's correct. MS. MARSHALL: I have a copy of that. CHAIRPERSON BAISLEY: Do you have that with you? (At which time, Mr. Tesauro enters the boardroom.) MR. FLEGAL: Ma'am, you're going to need to be where she can hear what you're saying. MS. MARSHALL: I have a statement from the bank that I deal with. I also have my credit report and Nextel phone report. And there are two more coming. MS. AR/qOLD: For the record, Michelle Arnold. For the board's information, this company is one that responded to the many letters that we sent out to those advertising in Collier County, so they're requesting now to obtain the appropriate license to operate in Collier County. MR. PEASE: Thank you. MR. FLEGAL: Don't I remember the ordinance stating you have to have an office in Collier County? MR. PALMER: No. MR. FLEGAL: No? MR. DeCAUSSIN: I have an office on 2408 Glenwood. Beach Cab used to be there. We plan to take that one over. MS. CRUZ: That's correct. MR. FLEGAL: When you get a certificate -- on Page 25, upon issuance of a certificate, maintain a central place of business in Collier County. MR. PALMER: All that means is, is that you've got to have your records repo -- records that involve Collier County business have to be maintained in Collier County. In the event that the Code Enforcement Board needs to obtain those records for an investigation, they don't have to chase a certificate holder to any place other than Collier County. They also must have access by telephone from Collier County that somebody from Collier County wants to get the services of the certified company, they can do so with a local phone call. MR. FLEGAL: What I don't see in the application is anything listed for Collier County. MS. ARNOLD: Well, he -- the applicant just indicated they're planning on obtaining a location on Linwood Avenue. CHAIRPERSON BAISLEY: And at that time you would have a local phone number? MR. MARSHALL: Yes. MR. DeCAUSSIN: We have a local and an 800 number. MR. FLEGAL: The certificate of insurance that you gave us doesn't reference Amber Coach. It's Pine Island Taxi. And then of course you've added Collier County Board of County Commissioners. But nowhere does it reference your Amber Coach Corporation. MR. MARSHALL: That vehicle is owned by Carol Marshall and myself. She uses that in Pine Island Taxi. When it's not being used there, then it would be operated under -- that vehicle would be used then by Amber Coach and Cab. Page 8 April MR. FLEG L: But if the Amber Corporation isn't insured and you have an a¢¢zdent under Amber, you have no insurance. MR. MARSHALL: The vehicle under Pine Island Taxi then wouldn't have any insurance if it's in her name, would it, then? MR. PALM~R: That depends on the insurance policy. Does the insurance policy cover the vehicle, whether you're working for one company and a~other company? Does it follow the vehicle? MS. MARS~L%LL: Yes. MR. MARSHALL: Yes. I'll get you a copy of that. MR. PALMER: So whether or not you're working with one Company A on Monday and[Company B on Tuesday, the coverage follows the vehicle? MR. MARSftALL: Yes. MR. PALMER: All right. If we can take a look at the policy if you can fa~ a copy of the policy to Ms. Cruz, she can take a look at it. Would th t be a -- Ms. Baisley, would that be a normal relationship,~a vehicle that may go between companies, that the insurance would follow the vehicle? Or does the entity itself get insured? Tha~ is, the corporate certificate holder. CHAIRPERSON BAISLEY: I think it depends upon the -- how your insurance is ~ritten. MR. PALMER: But that is a conceivable marriage. CHAIRPERSON BAISLEY: It is conceivable, yes. Somewher~ in the ordinance, and I can't pinpoint it, but I believe there,s something in here that says that you can't use the word cab in ygur name if you're not going to provide cab services. MR. PALMER: I think that does. I think it -- you cannot have in your title a ~ord that indicates a service you are not then providing. CHAIRPERSON BAISLEY: And at this time, you are going to operate a charter service vehicle, not a taxi cab; is that correct? MR. DeCAUSSIN: Yeah. Ida, that used -- worked for Beach Cab, is going to be r~nning it, and she intends to put a cab on to service Collier Countg. MR. FLEGAL: But are you going to operate as a taxi cab? MR. DeCAUSSIN: Yes. That part of it, yeah. Coach runs between Fort Myers and -- but she would like to have the cab -- we would like to have a cab~ MR. FLEG~L: In other words, once you get to Collier County, you're going ~0 be a taxi cab service, or -- MR. DeCA~SSIN: No, the -- MR. FLEG~L: -- are you still going to be a -- MR. DeCAOSSIN: -- the coach is a 15 passenger. That will not be used as a cab~ MR. FLEG~L: Okay. MR. DeCAOSSIN: Okay? The additional add-on would be a cab with Amber Coach a~d Cab on them. CHAIRPERSON BAISLEY: What do we do with the name problem? Because at thi~ time he's ing a chart onlyoperat er service. MR. PALME~: Are you going to get this cab service operating right away? W~at we're concerned about is right now your title indicates you have both limousine service and cab service, when until such ti~ ~ as you get the cab in operation you'll only be doing one of the services indicated in your title. That's the problem. MR. .SIN: That's the problem. MR. PALM! i: When do you plan -- intend to get this cab operating in Collier CoT tty? Page 9 April MR. DeCAUSSIN: By the end of the month. CHAIRPERSON BAISLEY: We would need a color scheme for a cab if that was the case. MR. PALMER: Yeah, unless their color scheme -- is this cab already painted up and everything? MR. DeCAUSSIN: No, we haven't put no colors on it yet. MR. PALMER: All right, then you'll have to get with Ms. Cruz and get a color scheme that's not to be confused with any other cab company operating in Collier County. There's really no practical way to undo the name, then redo it again, get a corporate name change. Takes as long as it's going to take to get their cab operated in Collier County. CHAIRPERSON BAISLEY: Could we put the stipulation on it that it would be within the 30 days MR. PALMER: Sure. Oh, yeah. CHAIRPERSON BAISLEY: -- that the ordinance allows for a vehicle to be in service? MR. PEASE: If somebody makes the motion CHAIRPERSON BAISLEY: I mean, we can make that part of our motion when we -- MR. PEASE: Right. MR. FLEGAL: Mr. Palmer? MR. PALMER: Yes, sir. MR. FLEGAL: Would you look at Page 26 of our ordinance, please, Item B. Let's see, where did I see it? "The certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business." So if they've got Amber Cab Company and it's not on the insurance, that's a violation. MR. PALMER: It does look like that the policy itself should reference every business MR. FLEGAL: Right. MR. PALMER: -- of -- that's under its umbrella MR. FLEGAL: That's MR. PALMER: -- that's correct. CHAIRPERSON BAISLEY: This credit report that you supplied us is for Carol Marshall only? MS. MARSHALL: Pardon? I'm sorry. CHAIRPERSON BAISLEY: The credit report that you supplied right here today is only for Carol Marshall? MS. MARSHALL: Correct. CHAIRPERSON BAISLEY: You're indicating that Robert DeCaussin is also part of the corporation? MR. DeCAUSSIN: Yeah. Mine didn't come back in yet. I didn't get a chance to get it till yesterday afternoon. I have another job, so I keep tied up. Anyhow, I didn't get in there until 4:00. It was supposed to have been back by 6:00, but it didn't show up yet. It should be here today. I can fax it to Maria, if she'd like. MR. FLEGAL: Mr. Palmer said she.already owns a taxi cab or a company up in Pine Island. MR. MARSHALL: Yeahp MS. MARSHALL: Yes. MR. FLEGAL: Wouldn't a credit report on that company be prudent, rather than -- MR. PALMER: I would think it would be, yes, indeed. In fact, I think that's the most relevant information you could get. MR. FLEGAL: Right. I mean, personal credit doesn't tell us a Page 10 whole lot other than she pays her personal bills. MR. PALMER: Right. MR. FLEGAL: I want to know if she pays her company bills. MR. PALMER: Right. Actually, that -- that seems to me to be where the focus is. MR. MARSHALL: There was the statement there from the bank, and I believe Nextel. There was supposed to be another one in last night, but it was not, from Sprint, I believe. I didn't -- we didn't understand that we were supposed to have a credit report for the company itself. So we'll get those. MR. FLEGAL: Yeah, what we want to know is since you're currently in business, for a lack of a better way to put it, are you reliable in paying your bills for that business. MR. MARSHALL: Right. MR. FLEGAL: Personally you may be -- have great credit but you may be bad business people, and we don't know that. MR. MARSHALL: Right. We'll get you a credit report hopefully today. CHAIRPERSON BAISLEY: Any other discussion on this applicant? MS. ARNOLD: Can we ask a question on Page 22, Item 13 of the ordinance? Can we get clarification on the requirement of credit report, whether -- what type of credit report is required? MR. FLEGAL: Well, this says if they're in business for less than a year, you get it on the individual. I know she's probably had Pine Island for more than a year. MS. MARSHALL: I've had it for three years. MR. FLEGAL: Right. MR. PEASE: But the permit being requested is from a different corporation, which has not been in business for a year. MR. FLEGAL: Right, but they've been operating the similar business for longer than that, so -- MR. PEASE: It doesn't say that in the ordinance. MR. PALMER: No, but it doesn't cover every contingency. Obviously in this case they -- credit for the business strikes me as more relevant than the personal credit report of people. This assumes that they do not have a business and have not had a business for at least a year. This doesn't cover this contingency. It talks about each owner. Mr. -- is it DeCauccis? MR. DeCAUSSIN: DeCaussin. MR. PALMER: You're a two percent shareholder? You own two shares in the company? MR. DeCAUSSIN: Yeah. MR. PALMER: So you are -- you were just -- to that extent, you have ownership interest in the business. MR. DeCAUSSIN: Right. MR. PALMER: He's an owner, even though he only owns two shares. MR. LUGRIN: 20 percent owner. MR. PALMER: Yeah. MR. PEASE: Two out of 10. CHAIRPERSON BAISLEY: So we still need a credit report on him as well. MR. PALMER: As an individual. CHAIRPERSON BAISLEY: Right. MR. PALMER: Because he doesn't -- you don't own another cab company, do you, sir? Page ]1 April 6,~ 1999 MR. DeCAUSSIN: No. MR. PALMER: So he would just get an individual credit report. CHAIRPERSON BAISLEY: We do have an awful lot of items that we need to resolve and we're missing. MR. PEASe: I would like to enter -- I would like to make a motion, t CHAIRPERSON BAISLEY: Go right ahead. MR. PEASe: And the reason for that is I want to reward good behavior. An~ here's something where we sent out a letter, we asked them to try a~d work within the parameters. I think it would be unfair to penalize these people for not having it quite right. And in a normal situation, if it wasn't for that fact, I would say we continue thislfor 90 days. But I'm ~oing to recommend a motion that we approve this candidate based on the following conditions: That they apply for a taxi permit within 30 days; they provide a color scheme which does not conflict withtany current operator; that they provide appropriate individual and company credit repOrts in good order, and that at the next workshoplwe have the opportunity to review that information; that the criminal background check meets the ordinance provisions; and the insurance wit~ the name of both companies be submitted. MR. PALMER: And would staff be authorized to issue the certificate i~ the event that those conditions are met? MR. PEASE: I would request that as part of the motion, rather than wait 90 ~ays for our next board meeting. Unless we can do that in a workshop~format. Can we do that in a workshop format? MR. PALMER: No, but you can call a special meeting just for that purpose, if y~u wanted to. It's either that or delegate to Maria the authority to ~o that, once she ascertains that in fact all the -- your conditions oflyour motion have been satisfied. Or the b~ard could reconvene at such time as to call a chair, in the event Maria would notice to you that in fact all the conditions have been met~ MR. PEASe: Is it a major thing to have a special part of the next workshop~be a meeting? MR. PALMER: You could convene into a meeting just for this purpose, as l~ng as the notice of the meeting acknowledges that. MR. PEASe: I would make that part of my motion, rather than give Maria the sol~ power. MR. FLEG;~L: I was going to say, it's kind of -- CHAIRPERSON BAISLEY: It's a lot -- MR. PEASe: Yeah, there's a lot there. MR. FLEG~L: The one thing I would like to add to your motion is that they do ~et a location in Collier County to keep records and so on to meet th~ ordinance. MR. PEASE: I believe they -- yeah, I believe they stated they were going to~o that. MR. FLE(~;~5: Yeah, let's just make it a part of it. ! understand they have to ~0 that. MR. PEAS~ That's fine. MR. FLEGAL: I don't have a problem seconding that motion. CHAIRPER~ BAISLEY: All in favor, say aye. ( vote of ayes.) MR. ~ So hopefully we'll get all this cleared up in 30 days and you'll be ~ble to operate. MR. ;SIN: Thank you much. Page 12 CHAIRPEPSON BAISLEY: Okay, we move on to old business, which we don't have any. That was quick and easy. Do we have any reports from the staff? MS. CRUZ: No, ma'am. CHAIRPERSON BAISLEY: No reports? That's easy, too. Okay, item of discussion. Our first item is on discussion of board members' attendance record. From reviewing the attendance record of our board member, John Dougherty, Maria was kind enough to supply me with a list of board meetings that he's attended and those that he has not. Under the guidelines that Tom Palmer submitted to us, I feel that he should be removed as a board member, due to lack of attendance. MR. PALMER: I believe the normal procedure under the general ordinance is that the board would authorize the chairman to send a letter to the Board of County Commissioners, the recommendation to remove Mr. Dougherty because he has met the criteria for removal by lack of attendance. CHAIRPERSON BAISLEY: Okay. MR. PALMER: And then the board can put it on the -- the Board of County Commissioners can put it on their agenda and take formal action on it at a meeting. MR. FLEGAL: Do we need a motion to authorize the chairman to do that? MR. PALMER: Yes, sir. MS. ARNOLD: Staff will offer to draft that for the chairman. CHAIRPERSON BAISLEY: That's wonderful. Thank you. MR. PEASE: She's such a welcome addition. MR. FLEGAL: I make a motion to authorize the chairman to do such. CHAIRPERSON BAISLEY: Do I have a second on that motion? MR. LUGRIN: Second. CHAIRPERSON BAISLEY: All in favor? (Unanimous vote of ayes.) MR. PEASE: Does the record also need to state that we did have -- Anthony did arrive and is considered in attendance? CHAIRPERSON BAISLEY: Yes, we do need to state that. MR. TESAURO: Thank you. CHAIRPERSON BAISLEY: As soon as the Board of County Commissioners makes that decision on the county, we'll -- MR. PALMER: They will automat -- in fact, the board's clerk will automatically readvertise for new applicants and try to fill the vacant seat as soon as possible. CHAIRPERSON BAISLEY: Okay. Okay, we also have some discussion. Bryan had some matters that he wanted to discuss. MR. PEASE: Just wanted to get clarification. As a new -- relatively new board member, when a permit holder or a non permit holder contacts me to talk about items, what are the proper procedures in handling that? Is this -- I want to make sure that we're not in any violation, or I'm not in any violation of the Sunshine Law. I don't think it is, because we're not talking to other board members about it. MR. PALMER: No, he's -~ if he's talking to you about a matter that you may vote on substantively, that's an ex parte communication. And these are quasi judicial matters. When you vote to grant or deny an application for a certificate, Page April 6, 1999 that's a quasi judicial manner. And people that are afl -- the applicant or people affiliated on behalf of the applicant are not allowed to lobby you by telephone or any other way. Just tell them that you cannot talk to them, and that if they want to discuss the matter, they can write a letter to all members, write a letter to Marie and she can disseminate the letter to all members, but no one-to-one communications about any matter that you know you're going to vote on or you have a reasonable expectation that will -- that would one time in the future come to your attention as a formal matter of this board. MR. PEASE: Okay. Second item I had was a clarification on the p.o. box, safe deposit box, which is an item -- which was the item that was brought to my attention. MR. PALMER: The only requirement is ~- apart from the phone call access, is that the certificate holder have a repository somewhere in Collier County whereby if Maria needs to look at their records about Collier County business, those records can be made available at that location, rather than have to chase somebody in Lee County or someplace else. Now, the reason the p.o. box didn't work, that was my mistake a couple years ago, was because I found out that the post office department did not allow a post office box to be a semi-permanent repository of records. It had to be cleaned out from time to time. However, a safety deposit box in a bank is a permanent repository of record, so long as you pay the annual rental to the bank. So that would meet the requirement. The only reason a post office box does not meet the requirement is the post office's policy that those records must be cleaned out. MR. PEASE: So a safe deposit box is a proper location, as long as they have a local phone and -- MR. PALMER: As long as they keep it current and the bank is not telling them get your records out of there every three months. If you have a grandmother that lives in Collier County, you live in Lee County, you can leave the records at your grandmother's house. You can leave the records in a rental place, if you want to rent a file cabinet. The only thing is, that Maria calls up somebody and says I want to see your records, and I want to do it next week, meet me at such and such a location, and I want to review the records. Or if they would cooperate, they can bring the records down to Maria, if she would want to do it that way. I'm not saying she would, but she might. And she might want to go through the records in her office and copy them at the nearest copy machine, if she needs to copy them. So that is the only idea. We don't want to be chasing people to Lee County or Broward County or Dade County, having to research any records in the event that we need to do that for some sort of investigatory purposes. MR. PEASE: You've answered my question on that item. CHAIRPERSON BAISLEY: What happens in the case of Maria just wanting to go out and see the records without notifying them so that they wouldn't have an opportunity to address them or do whatever? MR. PALMER: There's no basis for that. The only way they could possibly do that, if they kept the records with her monthly or something, supplied the records to her on a basis. That's the only way she would be able to look at the records without prior warning. CHAIRPERSON BAISLEY: Because in our last workshop we had Page 14 discussed some of the operators having drivers that didn't meet the driving requirements, didn't have the right classification of license. And I think we had discussed Maria or someone from her department going out to some of these operations and just spot checking the records. And I believe we had said without notification, just walking in and asking to see them. MR. PALMER: She doesn't have the legal authority to do that. If the Sheriff's Office has a search warrant, you can do that. But this board is a -- these are civil matters, this is a civil jurisdiction, and we don't have the authority to go in and demand somebody's records without notice. MR. FLEGAL: Tom, let me ask you a question. On Page 25 -- I still have a problem with strong boxes. Item C says, "Each certificate holder shall obtain an occupational license," which is not a problem. "Continuously maintain a central place of business in Collier County." And here's where I'd have a problem wi. th a safe deposit box, "at which place he shall provide a properly listed telephone number." If you have a safety deposit box, you can't have a telephone in it. MR. PALMER: No, it's not this -- we went around and around about this -- about these particulars. This does not require anybody to have a -- somebody answering the telephone. All it requires is that these people are contactable by -- from Collier County with a local phone number and/or an 800 number. This -- this -- MR. FLEGAL: I have trouble with the sentence, maintain a central place of business in Collier County, and you're just saying as long as I have a Collier County phone number, that's a central place of business? MR. PALMER: And that they shall keep their business records at a location in Collier County, including manifests. MR. FLEGAL: But I go back. If you have a central place of business at which place he shall provide a properly listed telephone number, you can't have a telephone in a p.o. box or -- I mean, you've got to have a place of business. You can't just live in Lee County and have a Collier County telephone that rings in Lee County. That doesn't meet that sentence. MR. PALMER: Well, it does. And this was -- we've talked about this for time and time again, that that meets the criteria. And it was trying not to impose upon the small business people, in some instances, extraordinary expenses that they would have to occur to meet an arbitrary criteria. It doesn't make any difference whether somebody's got a phone in one location or another, provided I can get on the phone and call and contact the company in Lee County to come down and service me. It could be done by satellite, hypothetically. The fact that the phone -- it makes no logic at all that the phone has to be at a particular location with today's technology. We discussed this about a year and a half ago. The only fact is, is they can be contacted by a local phone call, and that Maria have access to records somewhere in Collier County on demand, reasonable time, if she wants to see the records. MR. TESAURO: I have to agree. If I heard you correctly, Maria could check the records at any time. Well, if they're in a safety deposit box, how can she check the records? MR. PALMER: She has to make an appointment, or have the person bring them in to her. Page 15 April 6, 1999 MR. PEASE: She can't come into any place of business of any transportation company and -- MR. PALMER: Demand to see them. MR. PEASE: -- on a blind without a courtesy call. The whole intent of the ordinance, just to go back, was to have records available. Because we had no power to go into Fort Myers and get records, because we're Collier County. So the real root of that whole effort in that section is relating to records, not necessarily whether or not the phone rings in that particular location. MR. TESAURO: So you're really saying with call forwarding and all that technology, they can have a satellite here that gets forwarded to say wherever they are -- MR. PALMER: Absolutely. MR. LUGRIN: A_ny of the small owner/operator, one driver, one car, he's going to be out in his car and he's going to answer -- the phone calls are going to get forwarded to his cell phone. I mean, we'd be requiring him to require a driver or a receptionist so he answers the phone 24 hours a day. MR. PALMER: That was the point. We went around about we don't want to cause any extraordinary expenses beyond what is absolutely necessary to meet the bottom line criteria. MR. PEASE: Well, you've answered my question, and I appreciate your help. MR. FLEGAL: What's normal -- to call and say I want to see your records, how much time do you have to give them, since the ordinance doesn't say? MR. PALMER: It would be a reasonable time. And if somebody is dilatory about it and stalling Maria, giving her a hard time about it, that would be a failure to cooperate with the board and could be an independent basis to revoke his certificate. we expect good faith cooperation out of these certificate holders. They have an obligation to the county to cooperate with her to every reasonable extent. Maria is not going to arbitrarily ask for records. She's going to have some kind of a probable cause or a basis for which she has a need to see these records, in which case a refusal or an inordinate delay to see the records is going to be a failure to cooperate in good faith with the county. So we're not going to tolerate any of that delay or excuses or I can't make an appointment or I'm going on vacation or anything like that. This is an obligation to the county, and it has to be fulfilled. MR. TESAURO: Are these skirting the issue of occupational license? MR. PALMER: No, these -- if they are operating out of Lee County and they have a records repository, that is not a place of business in Collier County with the purposes of needing a separate occupational license. The fact that I have a place that I keep records, that is not enough of an activity in Collier County to be the kind of a business activity that generates the need for an occupational license. MR. TESAURO: Because if I'm hearing you correctly, they don't have to have a store front business. And I think that's what he's trying to say. MR. PALMER: That's exactly right. In fact, that -- that is one of the issues we ~alked about a couple of years ago is that whether or not somebody would have to incur like a $300 a month bill to rent a Page 16 little sub-office to keep their file cabinet and decided no, that is an extraordinary expense, counter-productive, that any way they could do this and save money, they could do in the cheapest way possible and not have to have a store front or office location that was, for example, in their -- on their business card or in the phone book. As long as the two basic criteria are complied with: Phone access and Maria's access to records that involve Collier County transactions. MR. TESAURO: But Tom, is that the professionalism we want to create in Collier County? MR. PALMER: I don't understand. MR. TESAURO: It's like someone selling watches, rolling up their sleeve, compared to someone who has the overhead of a legitimate store. I mean, we're always call forwarding and grandma's house and safety deposit box, and in a way we are skirting the occupational licenses. Is that what we want to create in -- MR. PEASE: Well, our goal was to not penalize these Fort Myers companies for trying to follow the procedures and make sure that they maintain safety for the guests. It was not to become a penalizing, disciplinary type method. And again, we want to reward good behavior. And here's a company that's trying -- they could just as easily operate illegally and try and sneak in all they want. And the company that applies for the permit's getting, you know, nailed. MR. PALMER: One of the problems is that the more expensive it is to meet the obligation of the ordinance, the more resistance there's going to be and the more subterfuge there's going to be to circumvent the ordinance. CHAIRPERSON BAISLEY: But there probably is now. Because those people that have more than one vehicle that are in this county now are going to be looking to go over the Lee County line to have their vehicle so that they can just have a p.o. box here -- er I mean not a p.o. box, but a safe deposit box for the records. MR. PALMER: I don't know -- CHAIRPERSON BAISLEY: And they don't have to go -- they don't have to go rent the C-5 property for their business location. MR. PALMER: Well, I don't know that that's occurring. Seems to me if I'm going to operate a cab, I'm not going to go into Lee County just to get around these requirements. If I'm a bona fide cab company doing most of my business in Collier County, I'm going to want my office in Collier County. This is geared more toward a person who's -- the ~ajority of his business is not in Collier County, but some smaller percentage of his business is in Collier County. This is what this is really geared to. The county -- the Collier County certificate holder with a Collier County occupational license in all probability is going to have his business records at that location. And if it's a home occupation, he'll have his records in the house. MR. PEASE: Is it okay if I move to my third item? CHAIRPERSON BAISLEY: Yeah, go right ahead. MR. PEASE: My third item was the use of multiple names for permit holders. And this was a carry-over from our last workshop. For the record, there's two board members that have such situations, and if you could just, for the record, Mr. Palmer, let us know whether or not we can vote on any items that may occur relating to multiple names for the same permit holder. If you were -- do I need to refresh a little bit MR. PALMER: No, I understand what you're talking about. There Page 17 April 6, 1999 were two members of the board in that situation? CHAIRPERSON BAISLEY: Yes. MR. PEASE: Correct. It would be Ms. Baisley and myself. CHAIRPERSON BAISLEY: When I renewed my certificate -- MR. PALMER: Right. CHAIRPERSON BAISLEY: -- I renewed as a -- my regular certificate of Yellow Cab of Naples, and I renewed as a quote, unquote, sub-certificate, or whatever you want to call it -- MR. PALMER: Right. CHAIRPERSON BAISLEY: -- Airport Connection, and supplied Maria with information regarding that. MR. PALMER: Right. MR. PEASE: And I renewed under our corporate name, Excel Destination Management Services, but some of my vehicles have a marketing company name, which is a 100 percent wholly-owned subsidiary, called Transportation by Excel. And that's where the discussion in the workshop took place, do I need to purchase a second one. And then you brought up the fact that the vehicles aren't the same name that's on the permit. And then -- MR. PALMER: Right, I remember the problem. As far -- you can vote on this. This -- if you were the final decision maker, you could not vote on this, because I think that would be a prohibitive conflict, and it's a direct benefit to your business. However, this board is making a recommendation to the Board of County Commissioners to amend an ordinance to solve the problem. And on that basis, you can declare your conflict, state it in the record but still make the recommendation on the affirmative side that the board amend the ordinance to have this resolved. That is because you were not the final decision maker, you were merely making a recommendation to the Board of County Commissioners to amend the ordinance to solve the problem. So that is not a prohibitive matter. You could disclose the situation. If a Board of County Commissioners member was in a like situation, when he's making -- he or she is making the final decision on the ordinance, they would have to declare a vote abstention conflict. But you do not have to. MR. PEASE: What I'm looking for is clarification on -- obviously as a board member I want to make sure I'm in 100 percent compliance with whatever the board's wishes are. And just a little background on my scenario is that the -- one of the resorts wanted to sign an agreement with our company, but our company -- our corporate name also includes activities they did not want us to sell that were non-transportation related, such as theme parties and entertainment. So in order to avoid that conflict, we created a subsidiary called Transportation by Excel. That contract was signed with the resort, and subsequently, our corporate name is still applicable at other resort properties, it's just this one property. MR. PALMER: Right. I'll tell you what I'm going to do. I'm going to make a shot at amending the ordinance in this provision, and I'll get it to Maria probably this week for your review. We'].]. get it on at the workshop, we'll get it on, and if you like it, we'll recommend it to the -- forward it to the Board of County Commissioners for an ordinance amendment to solve the problem. And my guess is, is this is the kind of a situation that is not going to give the Board of County Commissioners any heartburn. This Page 18 April 6, 1999 is a very logical thing. This is done in contractors or certificated trades, plumbers and so forth, certificating a second entity. Because this kind of a situation arises quite a bit and it is very workable. It is not a problem causer. And it is not the kind of a thing that is problematic in itself. It isn't a subterfuge for fraud or collusion or anything like that. So I'll try to get a provision to her in the next day or two, Excuse me, Mr. Palmer, could you direct that to Ms. Maria. MS. CRUZ: Arnold? MR. PALMER: MS. CRUZ: MR. PALMER: Oh, sure. Thank you. Sure. And then you can disseminate it to the board members, and we can discuss it at the next meeting and perhaps forward it to the Board of County Commissioners with a recommendation to adopt an ordinance amendment. MR. PEASE: That makes sense to me. CHAIRPERSON BAISLEY: Sounds good. We also have some items to discuss from Maria, I believe. MS. CRUZ: One that's left here is the status of the amendments that were discussed at our last workshop. Mr. Flegal asked me to add this to the agenda. MR. PALMER: I don't remember them. I was going over the ordinance, and I don't think the ordinance needs much amending, myself. I'll amend it as you see fit; however, a lot of these matters that were addressed I thought were not a problem under the existing text. I'll go over -- I haven't read the transcript. I'll go over that to refresh my memory and take another look at it. The one that does seem to me to be a problem, if for no other reason than ambiguity in the ordinance, is this second entity question. The ordinance doesn't really nail the answer. There's some questions about whether or not you are or are not in compliance with it. But these other matters we brought up, I went over the ordinance when it was fresh in my mind, and I thought not a problem, not a problem, not a problem, so -- but I'll go over it again and I'll change, make whatever recommendations that you want. You're the final arbiter. But changing an ordinance is an expensive proposition. They have to be sent to a printer in Tallahassee, they come back with inserts, and it's not a cheap thing. And the idea is if something is not a real problem, if it can be done by, say, an opinion letter out of the County Attorney's Office that says no, this is what it means in the case of ambiguities and so forth, my -- as I went over the discussion last time, I was refreshing myself, the only thing that was really problematic was the second entity issue. The rest of the things are very peripheral, more a matter of interpretation than substance and so forth. But I'll go over it again. And if you want to go over it again and I'll -- if you want to instruct no, amend this and amend that, of course I'll do the text and forward it to the Board of County Commissioners. I don't have veto power over these matters. These are just suggestions. MS. ARNOLD: Perhaps sta~£ can also review it and review tile Page 19 April 6, 1999 minutes and highlight those things that were brought up during the workshop for consideration. And we will have it in our next workshop, you know, what items, Tom, you feel could be handled through an opinion versus an absolute amendment. MR. PALMER: Right. And I'll go through this. I'll read the minutes. All the issues are in there. And as I do that, I will refer that to the particular provision of the ordinance and do an analysis of it. I could even write Maria a memo on it. Okay. Do we have minutes on our workshops? We have a verbatim of the last meeting when this was MS. ARNOLD: MR. FLEGAL: MR. PALMER: discussed. MS. ARNOLD: MR. FLEGAL: No, we don't. No, but when we sat in a workshop and discussed redoing the ordinance, I didn't think there were any minutes from that, so it would be hard to remember that. I'll go back through -- MS. ARNOLD: Other than our notes. There aren't any minutes. MR. PALMER: My mistake. CHAIRPERSON BAISLEY: Do we have any other items of discussion? I think we have to set a meeting -- another day for our meeting, due to the fact that we told those people to come back in 30 days with their -- MS. ARNOLD: A workshop. CHAIRPERSON BAISLEY: -- paperwork filled out. Dual meeting/workshop. It has to be a meeting and a workshop, correct? MR. PALMER: Yes, the idea is that when -- the matter that -- when you're going to review this substantively, that should be pointed out in the public notice that this in fact will be a decision on the merits of the application. MR. PEASE: That can be in the zoning building, though, right, even though it's going to be opened up as a meeting for just a brief time? CHAIRPERSON BAISLEY: Sure, I would think so. MR. PALMER: Sure. Oh, yeah. You can go from workshop to meeting, back to workshop. CHAIRPERSON BAISLEY: Okay, that's fine. When is appropriate for everybody here? Does anybody know when they will be able to attend next month? MR. LUGRIN: 4th or 5th of May. Tuesday, Wednesday, third Monday? CHAIRPERSON BAISLEY: Either one of those is fine for me. Tuesday or Wednesday. MR. TESAURO: I'd prefer Wednesday. CHAIRPERSON BAISLEY: You'd prefer Wednesday. MS. ARNOLD: We'll have to check the boardroom availability as well and let you all know. CHAIRPERSON BAISLEY: We'll tentatively make it for May 5th, unless we don't have availability of a room there. Then we'll have to adjust. MS. ARNOLD: Is that a Wednesday? MR. TESAURO: Yes. CHAIRPERSON BAISLEY: Okay. This will close our meeting of April 6th, ]999. Thank you. Page 20 There bE meeting was a April 6, 1999 ng no further business for the good of the County, the iJourned by order of the Chair at 9:50 a.m. PUBLIC VEHICLE ADVISORY COMMITTEE PAT BAISLEY, CHAIRPERSON TRANSCRIPT P~ PARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' R0 LEONE, NOTARY PUBLIC Page 21 NATURAL RESOURCES MANAGEMENT 735 8TH STREET SOUTH, NAPLES, FL 34102 Tel. 941. 434. 4655; Suncom 974. 4655; FAX No. 941. 434. 4620; email naplesnrmgnaplesnet.com NOTICE OF PUBLIC MEETING The Beach Renourishment/Maintenance Committee announces a public meetin? to which all interested persons are invited. DATE: Thursday 06 May 1999 TIldE: 9:00 A.M. PLACE: City Council Ch,~mbers, 735 Eighth Street South, ~ia~ples, Florida 34102 1. Roll Call. 2. items to be added. ]~. Cor, sideration of approval of the minutes o[ the 01 April ]999 committee meeting. 4. Project updates: · Incremental beach manage:n~nt cc:.ntract · Rock remo'~a~ project; · Rock removal project documentation; · Wiggins Pass dredging project permit application. 5. Consideration of a request for Tourist Tax funding for T- groin installation at HYdeaway Beach and for dredging the entrance to Collier Bay, City of Marco Island. 6. Presentation on the Parker Sand Web project proposal. Oper] pt:blic input. 7. Tourist tax Category A budget update. 8. Rc.';ie',:/rc:ccmmenc~at~on fc)r ap~!icant(s) for Co~nty Commission appointee(s) to the Committee. 9. A~journ. CALL T;*}: CiTY CL[:5~'S OF~':EE AT 424-4~01 W~TII H~,~'IE:]TS AT LEAST TWO B%::;l~;g,;:: DAY:~ Misc. Corres: Beach Committee Agenda Copies To: For additio~, 4655. JqS\Wordata'.Beac[ 1 information, please contact Jon Staiger at 434- .~tural O~.m~ttee\Agenda 06 V 99.doc Resources Manager Beach Committee Agenda Page 2 Agenda PATltWAY ADVISORY COMMITTEE to the MAY 1 8 1999 ~ ~ C~N..I C~mtssle~es Coi//er CounO, 3fetropolitan Planning Organi:.ation *lay 21, 1999 8:00 a.m. (]oilier Count.,,' Development Scm'ices Center Conference Room E 2800 North llorscshoe Drive Naples, FL 34104 Notice: ..Iny person w£~hing to .speak on any scheduled agenda item must register prior to xpeaking. Unle.¥s prior permitsion ~ secured, comments should be limited to flve minutes. Any person deMrtng to have an item placed on the agenda shah make a request itt writing with a description and summary of the item to the MPO planner charged with conducting bio,cie and pedestrian activities at least 14 days prior to the date of the nart .scheduled meeting of the PAC. Any person deciding to appeal a decision of the Committee will need a record of the proceedings pertaining thereto, and therefore ma)' 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 base& I. ADI)F.N DA T() T! IE AGENDA 2. APPROVAl. OF MINUTES Carter Constantine ~c'Ele 3. ANNOUNCEMENTS aerr~ p. 2 4. OLD BU'SINESS A. Public Participation Element--County Bike/Ped Prqjccts p. 7 5. NEW BUSINESS None 6. I.ITERATURE - Hand out in the meeting 7. TECHNICAL LITERATURE - Hand out in the meeting 8. CORRESPONDENCE - Hand out in the meeting. 9. ADJOURN Copie~ lo: DATE: 'rIME: PLACE: MINUTES PATilWAY ADVISORY COMMITTEE to the COLLIER COUNTY MPO Apd123.1999 8:00 a.m. Conference Room E Development Services Bldg. 2800 N Horseshoe Drive Naples, Florida 34104 PAC MEMBERS Arnold DeHart X Morton Friedman. Ph.D. X Christopher Hagan X Ruth Hubing X Arnold Kenly, Jr. X Theodore P. Litwin X MPO STAFF Jeremy D. Battis County Personnel Russ Muller City Personnel none FDOT none CALLED TO ORDER: 8:05 a.m. Members of the Public Elsie Picketing, east Naples Nicole Ryan, The Conservancy Chuck Wilson, Naples PRESIDING: Chris Hagan, Chairman I. ADDENDA TO THE AGENDA Arnold DeHart requested that discussion of Goodlette-Frank Rd widening be added. Batfis announced an item on Program projects and spending. Russ Muller offered to provide an update on local bike rodeos. 2. APPROVAL OF MINUTES Minutes approved unanimously. 3. ANNOUNCEMENTS Bike-~l'ed Coordinator Jercmy 13attis shared that the long-awaited increase in County spending tbr bicycle and pedestrian purposes appeared to be a done deal. The County Transportation l)irector had communicated earlier in the month that the requested doubling ol'the County bike,,ped budget to $501).000 ,,vas likely but not final. An additional amount of $100.000 ,.vas a certainty. Nevertheless. Battis was directed to submit for 99/00 a project list near a half-million dollars to be made available through County gas taxes. 4. OLD BUSINESS A. l'ublic Participation Element-4?ounty Bike/Ped Projects Chaimmn Chris tlagan explained thc history' of this item and the benefit of notil~'ing stakeholders and allowing residents to impact thc design and siting ol'pathxvays in neighborhoods. Russ Muller offered that it appeared to be more of a planning and Bike+Ped Coordinator task than a pro. jeer management one. Banis clarified that traditionally the planning role has ceased once the recommendation t'or construction has been endorsed by the Board of County Commissioners (BCC) and forxvarded to Transportation for implementation. Battis asked if the County's Public Works Engineering ~ I'WED) treat pathway projects as it does roadway improvements and conduct public involvement as a project phase. .Muller responded that that ,,,,'as possible, but that PWED currently bills at a rate o1'$70 per hour. .Muller asked it' it would be possible for the PAC. in conjunction with MPO and Transportation staff, to conduct public workshops prior to projects being forwarded to the BCC. Chaim~an t tagan added that one public workshop for each of the county's live districts ~vouldn't be too big an endeavor. The PAC favored this suggestion. 'Fed Litwin motioned to direct the Chairman to meet with the Transportation l)irector and report back at the next PAC meeting with a final recommendation. Arnold DeHart seconded. The motion carried 6-0. !!. Goodlette-Frank Road Widening Deitart noted the County's plans to 4-lane Goodlette and offered that continued public evaluation and input, particularly with regard to pathways, xvouid be valuable. The Committee noted his point. .,-~ ~ , ........... , -- -- ~l llllll I I I IIII IIII I III II I IIIII III 5. NEW BUSINtSS A. Walk FIoridlCPresentation of Consensus Resolutions Battis noted that the event was a success, attracting 30 citizens, officials and professionals and Ibur TV ncv,'s cha~nels. Four Kev. Recommendations were garnered along with many. visioning comments. The ~olden Sneaker Awards were also a smash with NIP() Chairnmn Timothy J. Constantine emceeing thc ceremony. Battis added that he had begun the implementation phase bx' distributing th~ recommendations to attendees tbr signature and presentation to the MPO B'oard. l Litwin motione~!o endorse the recommendations for forwarding to the CAC/TAC and MPO. Mort Friedman seconded. The motion passed 6-0. B. Maintenance I°fTraffic {MOT)---Requesting that FDOT Accommodate Bike/Pod Travelers thr6uvh Construction Areas Battis explained that the purpose of thc item ,,vas to avoid having a situation such as the one along US 41~Ta~iami Trail E in which a busy bike path was vacated, leaving those without cars to travel in tl~e roadway or construction area. The PAC favored the MOT provision and the language in the letter to the FDOT with two minor revisions. ! Arnold Kenly mlde a motion to make the changes to the letter and forward to thc CAC/TAC and I¢IPO Board. Litwin seconded the motion. The motion passed 6-0. C. Misc. Progrffm Policies, Proiects and Spendine Battis explained tha: the tentatively-approved 402 Grant from thc state to retain a university to study a retrofit solution to add a bicycle, corridor along Airport Road had been rcd-Ilaggcd at thc last ~our. The sta~ still intends to provide thc community with thc $25.000 grant amount, only the funds must I~[toward a purpose that ~s closer to the intent of the grant program. The local chapter of the Ep~epsy Foundation of which Ruth Hubing is a member, has offered to take over the grant and implement a distribution and education program for bicycle helmets and related safety gear. Because the AirpO~.rt Road Demonstration Project is set to go. with an identified construction funding source and letter of intent from local government and interested university design teams. Batt,s proposed s41. ragtag the effort through a m~mmum investment of $25,000 or 5 percent of the PAC s d~scret~onary local construcuon budget. Th~s may not be cut,rely necessary as there ,s also a small chan~ that the FDOT will undertake the study as a District One research project. Battis couched th~proposed $25,000 commitment for the project in terms of an insurance policy~to have f-finding available to keep the project on line should the FDOT possibility not materialize. Al.sa in light of likely new $500,000 local bike/ped budget, Battis submitted for consideration establishment of ~$25,000 annual maintenance fund. This ,_f~nd would go toward rapidly addressing those it:ms which may slip through the County s roadway maintenance plan and could be linked to~.he Spot Improvement Request Cards that were recently reintroduced. / 16. 2 Finally. llattis advised establishing a temporar2:' set-aside fund oF $50.000 that would go toward addressing new urban growth areas, particularly those with a school-related need. that are currently not in the Plan..,.'ct are a pressing need. Thc idea is that with new increased funding streams, the Plan may be updated and in the process, consider historic deliciencics alongside new needs. Hie overall number of eligible streets and projects would increase but still remain focused and coordinated. By the same token, there is a pressing need that exists now in new areas which should be addressed, albeit incrementally, to ensure that project merits arc evaluated carelkfllv through a communitywide process. Completing one or two of these new urban area projects outside the Plan is in keeping with the pledge that the scope of eligible projects would be increased if more funding were made available, yet still keeps the integrity of the Plan intact. l.itwin motioned to endorse rcallocating the 402 Grant to the purchase of safety and injuo' prevention equipment and to name the Epilepsy Foundation the implementing agency. Kenly seconded. The motion carried by a vote of 6-0. l)cllart made a motion to reserve 5 percent of the 99/00 County. Bike/Ped Fund or $25,000, whichever greater, to conduct the University Study of Airport Road. Litwin seconded. The motion passed by a vote of 6-0. Detlart motioned to annually reserve 5 percent of the 99/00 County Bike/Ped Fund or $25,000, whichever greater, to establish a rapid maintenance and spot improvement fund. Kinley seconded. The motion passed 6-0. Friedman motioned to earmark 10 percent of the 99/00 County Bike/Ped Fund or S50,000, whichever greater, to go toward meeting pressing needs brought about by urban growth, with priority to school-related projects, as a temporaD.' solution until the Plan can be updated. Litwin seconded. The motion carried 6-0. I). Bike Rodeo Muller announced that there would be an upcoming bike rodeo at Avalon Middle School. Life saving skills would be taught, he explained. Volunteers were welcomed. 6. CORRESPONDENCE noted 7. LITERATURE noted 8. ENGINEERING LITERATURE noted I 9. ADJOURN Meeting adjourned at 9:45 a.m. Prepared by: Jeremy D. Battis. MPO Bicycle and Pedestrian Coordinator Reviewed by: _ ~/'_: .z~a..c...~" '~//~ ~ ~'~2~ Gavin Jones. P.E.. Tran/(portation Planning Manager EXECUTIVE SUMMARY County Bike/Ped Projects Public Participatinn Element Objective: I'o ~bntinuc discussion of tile appropriate channels £or notification of and input by~sidents who will be served and impacted by County pathway projects, i Considerations~ This item is a continuation oflhe April 23 meeting. ~e PAC Chai~an at tha~ meeling a~ecd to approach the Coun~ T~spo~tion Director ~o gause sentimenls and find ~ agreeable a~gemenl for delegating public panicipa~on t~sks. lhc PAC Chai~an will prescnl this item and otter his tindings. Enclosed co~es~ndence ~om Ihe Chai~an briefly stating thc results or,he meeting. Staff Recomm ~ntion: ~at ~e PAC indicate a prefened public involvement m~ ~h~ism for shepherding selected bik~d cons~ction project. Prep,redby:1- ~~~~te:May6,19O9 Reviewed ~sm~D.~ Ba.~. PIti / I ~~ D/ ate: May 6, 1OOO Jo~es. P.E.. T~/~t~on ~l~ning M~ager / -/ Meetint: Notes Motion: Made by: Second by: Vote: PAC Agenda item 4.A.] '1. JOHNSON ENGINEERING, INC. 'F-~CC ~E~ 94~ ENGINEERS. SURVEYORS AND ECOLOGISTS TO Jeremv l~li~ .-_--.a__. :~ , - ...~_ --- ~ DATE :\nri l 2h 1999 ........... Chris I Jam~~ ~J ~E ............. ' , I)A(' Suppo)l 'J'his mcnmrandum is submitted to document my 4/26,'99 tclcphonc conversation with Ed Kant. ('oilier County Transportation Sca'ices Director. Thc puqmsc o1' thc telephone cmwcrsatmn was to discuss how bcsl the PAC can assist m promoting community support lbr pathway projects prior to commencement of conslruclio~. Mr. Kant was ~cm ;mprccumvc orour inlercst. After considerable discussion, il was determined that the hc~t manner in Milch thc PAU c,m provide support ~s to meet wili~ MPO uuring .egular meetings ami provide outlines of pro,titles amt recommendations. In this manner, il'an individual commissioner or resident has a project of interest, it can be addressed dunng thc MPO meeting, if needed, a second meeting can be sponsored bv tile interested group. The holding of additional public heating meeting would detract froth} thc pathx,,'ay construction budget which is contrary, to our goals. Mr. Kant also slated that letters of support lbr additional PA(' construction funding should be sent to the M?O in support of the program. ! thanked Mr. Kant for his ,'k~sista. ncc and stated that I would provide this information to the P/\C. have any comments or questions regarding this memo. please contact me. 2534b CDlq/mmk ('c: PA(' members Ed Kant CLERK OF THE CIRCUIT COURT 0FTIC.r-;: COLLIER COUNTY, FLORIDA OO~r~.. FINANCE & AccoUNTING DEPARTMENT MEMORANDUM DATE: TO: CC: FROM: RE: 6/10/99 DA\'ID WI~I¢;EL COUNTY ATI'ORNEY )Ill.;ICl' W BYII. NI';, CMA (.;I.;NI:.R.XI. OPERATIONS MANA(;F. II ~[11~5 It. EVENUI'; SI IARIN(; API'I.I(].VI'II.'tN Please approve the attached Revenue Sharing Application as to form and legal sufficiency' so that the application may be signed by the Cham'nan. This application has been approved by thc BCC on June 8, 1999 as agenda item 16 1 2. Your prompt attention to this request is appreciated. If you need any additional information, do not hesitate to call me at 774-8481. Also, once approved, please let me know so that I may pick it up. DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Aplpllcaflon For Revenue Sharing 1999-2000 State Fiscal Year (c...t.r ... ,, .o... st,,tute., I Application must be received by the Department of Revenue prior to June 30 preceding the beginning of the state fiscal year 1999-2000 Plmmse TYPE or PRINT a~ entries except those requiring a signature. I part One ~ i Name of County Collier OR Name of Municipality Telephone Number ~'9 4 1 ) 7 7 4 - 8 4 0 4 Fax Telephone Number {~ 41 ~ 7 7 4 - 61 7 9 Mayor or Chairman of Go~erning Body P a me '1 a $. ChiefFiscalOfficer Dwight £. Brock. Clerk Official Ma~ng Address 3301 East, Tamiami Naples. Fl'ori da ColJrlty Mac'kie. Chairwoman of t,he Circuit Court Trail Federal Employer I.D. Nu~rnber Part Twm_ pa~ticipa · Check here if the~address represents a change from the previous application. (required for new participants only). To be eligible to in Revenue Sharing beyond the minimum entitlement as defined in s. 218.21 (7), F.S., for any r~cal year, a unit of local ~overnment is required to have fulfilled certain requirements set forth in s. 218.23, F.S., including certification requirerrmats~ Signatures by the appropriate official in the signature blocks, where applicable, shall constitute fulfillmer[l of the certt~Fmati(Jn requirements set forth in s. 218.23, F.S. / Consistent with lh~e requirements of s. 218.23, F.S., has the applicant: ! 1. ReportedlT~s finances for its most r~,-.-e, nl~ completed risc, year m he Depar~r" 'n! ' ':anking and Finance, I~ursuant to s. 218.32. F,S '? j Yes ~.~ N:" i_._j 2. Made prov3sions for an~ al po audi1 ~ of ils ;inancial Yes ~ No .cour ::or[ ~, ~5,: .,/ :Audit DR-7O0216 R. o3/Og Levied, as shown on its most recent financial report, pursuant to s. 218.32, ES., ad valorem taxes, exclusive of taxes levied for debt service or other special mil[ages authorized by the voters, Io produce the revenue equivalent to a millage rote of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., Yes ~ No ~ OR, in order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill ad valorem tax: (A) (8) (C) (D) (E) to have received a remittance from the county pumuant to s. 125.01 (6)(a),F.S.; collected an occupational license tax; collected a utility tax; levied an ad valorem tax; received revenue from any combination of these four sources? Yes ~ No ['--'1 Certified that: (A) Law enforcemenl officers, as defined in s. 943.10(1), F.S., employed by this Unit meet the quarE~cafions for employment as estabr~shed by the Criminal Justice Standards and Training Commission? Yes r~ No ~ (B) The salary struclure and salary plans for law enforcement officers meet the provisions of Chapter 943, F.S.? Yes r'~ No ~-] (c) All law enforcement officers, as defined in s. 943.10(1), F.S., are compensated al an annual ..alan/rate of six thousand dollars ($6,000) or more? Yes ~'~_'K'-] No ~ ilf tl~e answer to (C) above is (NO), please state in an addendum to this application any reason ~'ou ~y have for waiver of such requirement (one of which must be that you are levying ten (1 O) mills c~ ad valorem taxes).] Appropriate Law Enfor~embnt Ofrmer 0 Date: III you have no police department, etc., please check the block to the left side.] II III -- o 161 P,,ge 3 Certified that persons in its empIo7 as firefighters, as defined in s. 633.30(1), F.$., meet the qualir~.ation for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.$., and that the provisions of s. 6,33.382, F.$. are met? Additionally, please answer the following: (A) (B) Does the addressed unit of government employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties, provided that degree is not required for their current position? Yes ~ No ~ If so, are these firefighters currently receiving supplemental compensation for those degrees? Yes///~. ~~ /0 r--] Does Not Apply Signed: , · //~ "'~~ Date: ~/Al~r~opriate Fire Official II [If you have no fire department or if you have a strictly volunteer tim department, etc., please check the box to the left side.] Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 11.45(3), F.S.? Does Not Apply Date: Certified to 1he Department of Revenue that the requirements of s. 200.065, F.S., if ;-.~plicable, were (The cerlifica/ion shall be made annually within 30 days of adoption of an on:linanc~, ,; resolution establishing a final property tax I~vy or, if no ,)roperty tax is levied, not I~ter th. 3 ~ I': portion of revenue sharino funds which, purulent to this part, world otherwL,' ~ ge local govemment which h'.'s not .edified co~,nprmnce or has other,,~se failec 3 m s. 200.065, F.S,, shall be det ermina~<;a:Lg.f., ,noncor Signed: ~ (Chief F'is~C :epos,:t.,d in the ~.";e,nemi Revenue Funa for ~e 1: '~or, '.mnc(:' i~ lh~ department.) ',_~_ _ '.~ A. L(2-.,4/ Dat,): ~'- :er) ~' The a unr, of ~lrernent~ of a p~r~ Tl~r~ 2 DR-70021~ R. o3/99 Page 4 I hereby certify that all of the foregoing information is accurate and true to the best o~ my knowledge. I fu~lher certify that I will promptly report lo the Department of Revenue any changes in the above information. I also realize that failure to provide timely information required, pursuant to the administration o~ this,Act shall, by such action, authorize the Department to utilize the best information available or, if no such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to challenge the determination of the Department to its share of funds, if any, beyond ~ts minimum entitlement, pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL elig~ility requirements as set forth above? iYe, ~ No F'-I If the answer to the above question is (NO), please provide as an attachmer~ to this form the amount of revenue necessary !o meet your obligations as a resull of pledges or assi~ or trusts e~tered into which obligated funds received from revenue sharing. Sign,.,d: Date: (Mayor or Chairman of Governing Body) I Mall completed oflainal amollcatlon to address shown below, ApprOved as to lorn". & I:.e.~a~, suHiciency _ ~_ ~1'_.~ ~ ~~ ~f Department of Revenue - t -."torney C~(~,,,~F/./. ,, .'.. 4~- "' Revenue Accounting Section ? .-.. ~ .~. , .:','~ ~. ~ '. Tallahassee, Florida 32399-6609 DIgI~NT.'E. 'BROCK',; .C:,~ RK .; ... ...?., :, .....~ ~ ~ ,,,:.2-.,,~..4~ . ,,-'.,.,.~.. · STATE OF FLORIDA DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA 32399-0100 L. H. Fuchs Executive Director April 1, 1999 16/ 2 To All Units of Local Government As Addressed: Subject: State Revenue Sharing Application For State Fiscal Year 1999-2000 Ladies and Gentlemen: Generel Tax Administration Child Support £t~"wcement PropetW Tax Acm~nistration Administrative ,~ ,~,vices Information Setx ces Enclosed is the State Revenue Sharing application for the state fiscal year 1999-2000. Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sha. ring Act. The application form must be completed and returned to the Department of Revenue NO LATER THAN JUNE 30. 1999. Section 218.26 (4), Florida Statutes, states: It shall be the duty of each agency and unit of local government required to submit certified information to the Department pursuant to the administration of this act to file timely information. Any unit of local government failing to provide timely information required pursuant to the administration of this part shall, by such action, authorize the department to utilize the best information available or, if no such information is available, to take any necessary action, including disqualification, either partial or entire, and shalI further, by such action, waive any right to challenge the determination of the Department as to its share, if any, pursuant to the privilege of receivhag shared revenues under this part. Enclosed with the application is an information bulletin on the State Revenue Sharing Program. Your timely response and cooperation in this matter will be greatly appreciated and will expedite the distribution of your State Revenue Sharing Funds. If you have any questions please re:4 free to contact Lisa Morgan or myself in the Revenue Accounting Section at (850) 487-1150. DHA/KES/Im Enclosures Sincerely, g : ne'.:, E. Stinsr n 1-; ~ance and Acc. mtl Revenue Accoun ng ; D irectc .n'I STATE REVENUE SHARING INFORMATION BULLETIN CHAPTER 218, PART II, FLORIDA STATUTES Pursuant to s. 218.23(1), F.S.. To be eligible to parti: Date in revenue sharing beyond the minimum entitlement i. any fiscal year, a unit of local government (Note: coun.:nes, municipalities, and metropolitan and consolidated govern:'~nts) is required to have: C o Reported its finances for its most recently comF.eted fiscal year to the Department of Banking and F£rance pursuant to s. 218.32, F.S.. Note: Occupational license tax and utility ser';ice tax data will be obtained from the most current fiscal year reports as certified by the Department of Banking and Finance. Made provisions for annual post audits of its financial accounts in accordance with provisions of law. Levied, as shown on its most recent financial report pursuant to s. 218.32, F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produc~ the revenue equivalent to millage rate of three mills on the dollar based on the 1973 taxable values as certified by the property appraiser pursuant to s. 193.122(2), F.S., or in order to produce revenue equivalent to that which would otherwise be produced by such three mill ad valorem tax, to have received a remittance from the county pursuant to s. 125.01(6) (a), F.S., collected an occupational license tax or a utility tax, levied an ad valorem tax, or received revenue from any combination of these four sources. If a new municipality is incorporated, the provisions of this paragraph shall apply to the taxable values for the year of incorporation as certified by the property appraiser. This paragraph requires only a minimum amount of revenue to be raised from the ad valorem tax, the ocuupational license tax, and the utility tax. It does %or require a ninimum millage rate. Certified that oersons in its empi::y as law enforcement officers, as nefm~ed in s. %~43.1('(1) , ?.S., meet the qualifi :at ion Criminal 3ust ,':e its sa.al-' st of chapte'r o,.:; compensat~ :d ~ r rate of 1.;ss i~a~ waive the ~.n~ emFloi,'~en',: au e:;tanii:?ned b? t.!e and~ ~ds ;~no Tra'..ni~ Comm:..~sion; t?'at and saia~/ p~ .~%s r~ee~ the pvovlsi~ ns t::~t -o .aw af: ucemen~ o: o~' he~ ser~i~( s ~.~ an annua 00D. 0~ Xowe-. er. the de~)ar~.nen: ~zay . aw en:[ Drc:e.ne::'- off' requirement if a city or county certifies that it is levying ad valorem taxes at 10 mills. Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.S., and that the provisions of s. 633.382,F.S., have been met. Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of law. Additionally, to receive its share of revenue sharing funds, a unit of local government shall certify to the Department of Revenue that the requirements of s. 200.065, F.S., if applicable, were met. The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S.,. shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department. II. If ~he Department determines that a unit of local government does NOT meet all of the eligibility requirements, the unit will only receive its minimum entitlement. Pursuant to s. 218.21(7), F.S.. "Minimum entitlement" means th~ amount of revenue, as certified by a unit of local go'~rnment and determined by the department, which must be sh.~ed with a unit of local government so that such unit will receive ~he amount of revenue necessary to meet its obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sources or proceeds which by terms of the act shall henceforth be dlstributed o~t of revenue sharing trust funds. III. Pursuant to s. 218.23 {2), F.S.. The distribution to a unit of local ~overnment under this part is determined by the following formula: a. First, the entitlement of an eligible unit of local government shall be computed on the basis of the appor~ionmen~ factor provided in s. 218.245 F.S., which shall be applied for all eligible units of local 2 government to all receipts available for distribution in the respective revenue sharing trust fund. bo Second, revenue shared with ELIGIBLE units of local government for any fiscal year shall be adjusted so that no ELIGIBLE unit of local Government receives less funds than its guaranteed entitlement. NOTE: Pursuant to s. 218.21(6), F.S., "Guaranteed Entitlement" means the amount of revenue which must be shared with an ELIGIBLE unit of local government so that: ao No ELIGIBLE county shall receive less funds from the Revenue Sharing Trust Fund for Counties in any fiscal year than the amount received in the aggregate from the state in fiscal year 1971-72 under the provisions of the then existing s. 210.20 (2) (c) F.S., tax on cigarettes; s. 323.16 (4) F.S., road tax; and s. 199.292 (4) F.S., tax on intangible personal property. No ELIGIBLE municipality shall receive less funds from the Revenue Sharing Trust Fund for Municipalities in any fiscal year than the aggregate amount it received from the state in fiscal year 1971-1972 under the provisions of the then existing s. 210.20(2) (a) F.S., tax on cigarettes; s. 323.16(3) F.S., road tax; and s. 206.605 F.S., tax on motor fuel. Effective in the 1994-1995 fiscal year and thereafter, any government exercising municipal powers under s. 6(f), Art. VIII of the State Constitution may not receive less than the aggregate amount it received from the Revenue Sharing Trust Fund for Municipalities in the preceding fiscal year, plus a percentage increase in such amount equal to the percentage increase of the Revenue Sharing Trust Fund for Municipalities for zhe preceding fi~cai ye'r. C o Third, revenues sham d w~h counti:s : Dr any fis~ al yez ' shall be adjusted sc uh~' r. no county than its guar.~.:te,~ ~ :nr at2 guaranteed entiv-'-~me ~m :or NOTE: r :rs%: nt .o :. '18 ll O) 0 F .:.. · .... ~' ' [[[[ ["' '[[ [[[[[ [ ..................... Illll [ I Ill Il I IIll Ill - - do 161 2 "Second guaranteed entitlement for counties" means the amount of revenue received in the aggregate by the ELIGIBLE county in fiscal year 1981-82 under the provisions of the then existing s. 210.20(2) (a) F.S., tax on cigarettes, and s. 199.292(4) F.S., tax on intangible personal property, less the guaranteed entitlement. Fourth, revenue shared with units of local government for any fiscal year shall be adjusted so that no unit of local government receives less funds than its minimum entitlement. Fifth, after the adjustments provided in paragraphs (b), (c), and (d) and after deducting the amount committed to all the units of local government, the funds remaining in the respective trust funds shall be distributed to those eligible units of local government which qualify to receive additional moneys beyond the guaranteed entitlement, on the basis of the additional money of each qualified unit of local government in proportion to the total additional money of all qualified units of local government. IV. APPORTIONMENT FACTORS Pursuant to s. 218.245(1), F.S. The apportionment factor for all ELIGIBLE counties shall be composed of three equally weighted portions as follows: Each ELIGIBLE county's percentage of the total population of ALL ELIGIBLE counties in the state. Each ELIGIBLE county's percentage of the total population of the state residing in unincorporated areas of ALL ELIGIBLE counties. Each .ELIGIBLE county's percentage of total sales tax collections in ALL ELIGIBLE counties during the preceding year. Pursuant to s.. 218.245(2), F.S. The apportionment factor for all ELIGIBLE municipalities shall be composed of three equally weighted portions as follows: The proportion of the population of a given municipality to the total population of all the eligible municipalities in the state, as adjusted by the following factors: For a municipality with a population in excess of 50,000, the population shall be adjusted by multiplying its population by a factor of 1.791. For a municipality with a population in excess of 20,000, but less than 50,001, the population shall be adjusted by multiplying its population by a factor of 1.709. For a municipality with a population in excess of 5,000, but less than 20,001, the population shall be adjusted by multiplying its population by a factor of 1.425. 4 0 For a municipality with a population in excess of 2,000, but less that 5,001, the population shall be adjusted by multiplying its population by a factor of 1.135. The proportion of the sales tax collected within a given municipality to the total sales tax collected within all the eligible municipalities in the state. The sales tax collected within a given municipality shall be derived by allocating the amount of sales tax collections for the county in which the municipality is located to each municipality in the county on the basis of the proportion of each municipality's population to the total population of the county. The ratio of the relative local ability to raise revenue, to be determined: By dividing the per capita nonexempt assessed real and personal property valuation of all eligible municipalities by the per capita nonexempt real and personal property valua:~ '~n of each eligible municipality. By mu_tiplying th.~ population of an eli:.~l mun ~paiity by t.:e percentage apDlicab., t tha. municipality a~ ~ta ii ned ~d~ sukf ~;:a..~raph 1. By .viding the pu'.ati~)n ret :ct the re?., ::i' e '. ~c tot: ~ recalculat..d }~op ~a~ mun.. 'ipalities in tt'.~ utat ~s £ec3;c': a a~il' ~.y t t. '~n :f a..1 ,,1.. 16/ 2': NOTE: The weighted population, sales tax allocation, and recalculated population of any metropolitan or consolidated government shall be adjusted by an ad valorem reduction factor. Wire ~ransfers and Automated Clearing House (ACH) transfers on month']/ distributions are available upon written request. The r~quest from the mayor, chairman, or chief fiscal officer should be received by the Department one month prior to the distribution for which the wire transfer shall be made, and shall authorize the deduction of the cost of the wire transfer which will be borne by the local government. The request shall include the bank name, account number, and account name that the funds will be transferred into. Electronic Payment is also available through the State Comptroller's Office. An Electronic Payment Authorization form must be completed and sent to the State Comptroller's Office to initiate this process. Any questions pertaining to electronic payment should be addressed to the State Comptroller's EFT Section, Telephone (850) 410-9466 or Suncom 210-9466. VI. REVENUE SHARING DATA: 1. Popular ion: The population fign~res used in the revenue sharing formula were developed by the Office of the Governor and certified to the Department of Revenue. Any questions pertaining to the accuracy of the population figures should be addressed to the Office of The Governor, (850) 487-2814 or Suncom 277-2814. 2. Ad Valc.rem Tax Data: The assessed value and millage rates from the most recent tax roll were certified by the Property Tax Administration Program, Department of Revenue. Any question~ pertaining to the accuracy of the assessed value or the milla~ ~ates used should be addressed to the Property Tax Ad~n_istration Program, (850) 488-3338 or Suncom 278-3338. 3. ~les Tax Collections: The county sales tax collections for the most recent calendar year are used in these calculations. Any questions pertaining to the accuracy of these fignares should be addressed to Research and Analysis, Department ............. '~,~111 IIII Ilffllll '11111111 II ......... IIIIII of Revenue, (850) 488-2900 or Suncom 278-2900. 4. Financial Data: The Department of Banking and Finance has certified occupational license tax and utility service tax data to the Department of Revenue. Any questions pertaining to financial data should be addressed to the Department of Banking and Finance, (850) 410-9951 or Suncom 210-9951. VIi. The Department of Revenue is eager to cooperate in every way to insure the accuracy of state revenue sharing distributions. If you need additional information or if questions arise, please contact the Revenue Accounting Section at (850) 7487-1150 or Suncom 277- 1150. RESOLUTION 99-260 RES, i.~;'l [.:)N 01.' T}{i.: i,.',J/..?D OF COUNTY COMMISSIONERS OF COLLIER f'OUt~']"f, .:.LOP, ii;A, 7..;~:~->'/[N~; THE ISSUANCE OF NOT EXCEEDING 10,0~:. ,:,00 HOt;Si~k.; F![U~NCE AUTHORITY OF COLLIER COUNTY MULTI- FAMII,Y ~[~?l;f;r~G k}.U..q.i~;UK REFUNDING BONDS, SERIES 1999 (CORAL, PAI,ML~ A;'ARTMENT:;~ ;'[U.~:~tJANT TO CHAPTER ]59, PART IV, FLORIDA .,,.~0~,~k,, 'i'i{K BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ,r"I/'!.: !"A: Section 1. Recitals. and d:.,-l~],. : t !t~t : i.q~ h~reb,/ fotmd, ,]set'trained, determined A. T!., t!ou::ln.l !":I,.~::, ' Atltholit'/ of ['o'] ] i,.'] County (the "Issuer") is a ~,ubl; · ',~,orat.:,>:; -,~ ~;e State of Florid,,, was duly created by Or'dlrl/~:lc~: :; ~{r) 46 .,~ ' ~i,' f{')ard of Uou~lty ";.mminr':io~l(,rs o~ Collier t'ou::tV, Fi :: :,, ]r:,f ::z ~ ~ l}' corporate and p,,iit ic dui}, created and exfst~:;g -,;~ , local qo',',~r:m:~.~tal body and a public instrumentality for the pu:'pos~ ~: a~si:~t.;:;,~ <~:;,~i:[7ing housing projects situated in Collier County, Flc.: :d.s [th,., "'>.Jl::t .,."~, under and b7 virtue of Chapter 159, Part IV, Flor:d., ::t .,t:ute:~, {: ~;,. 'A"t"), to provide f,~ the issuance of and to issue '~nd ::..!l its obl i.j.,: : _,::~: for ]awful purposes under the Act. Tit::. I.'~:~u,;,t :7,:: :;:;!,:uitted .~o lhe Board of County Commissioners .] cop7 o[ :t :: Resolut ~,-..:: ',',-.04 (the "Resolution") ,attactted hereto as Exhibit A, ',..' t th re:;p,:' '~ LJ~ the issuance by it of not to exceed $10,000,00C ~{ousinq Fin ~:t:".. A~thor;ty of Collier County Multi-Family Housin'j R,"/,..',;','. P,",~::.f::x~ ~. ::~h:, Series ]9.~.r° (Cora[ Palms Apartments) tthe "Borlr]:~"' . C. .,'.. ?,fl3]ic t:,.,~Y:::,! '..:,~s held on the Resolution on June 7, 1999, which pubi:.' !:ca~inq ',.'.~:', ~h~l)' conducted by the Issuer upon reasonable public not:c,., cc)pie:: ~ ::~,:,i notice being attached to the Resolution, and at suc~: ~.,.~rin~ :::t,.:,.::t t..l individuals were afforded the opportunity to exf,res~ '~;,.ir 'cf.,w::, i:,.,~ }~ orally and in writing, o~ all matters pertaining t .~ the loc.~t.;o:t ~:Yf nature of the proposed project and to the issuance of ,he Bo:Mr:. I.. ''... ,'::.q~:~.: i. ,;; .. '.'ttm::::qc, d and re,'ipmst~;,d that County Corn:::: ::.:ic;:le: ~ ,.~:,t....v.. ttw is.,uan~ ~o of the Bonds so that the intere:;t o~ 'he Bonds w:~.i ~:,. exempt from federal income taxation under applicable j :?.'i~;icm: o~ .: :?n 147(a) of the Internal Revenue Code of 1986, ,~s E. T??..R,.:sol~:: i,':; .'.}~_'..;s that the Issuer has acted in accordance with ali aD!,i:~'~ble :e~:~:[:,.u:~.:its of law, and that the issuance of the Bonds will ~;,.:'.',. s]gn:f ~.:.~:~' ~,ublic purposes as provided in the Act, F. '1'!:,. purpo.~,. ,)f ',!?. Act will be effectively served, and it is ,' ....... ~:~': ;:; the best interest o£ the County that the :'t, c2 .....l,3' ~:.: i...::i:.~!;l,. ' issuance of t_::e t~onch:: b,_. ,'l~q>ro'/ed by the Board of County Commissioners. G. '"!:,- !~,'~nd sh~l] :l'.t: constitute a debt, liability or obligation of Col]icl ¢', ~::~y, ~:~ i~o,~l of County Commissioners, officers, agents or ,~'mp'[~7 .... n~, ~ Lhc ~;'. ,,~,. of Florida or any political subdivision tker',:)~ , ~,~]'~ ::hal [ b,. ]: ~y,:l)le solely from the revenues provided therefore, ~::~ n,?ither t. hc faith and credit nor any taxing power of C<)llie~ C~)~:~, v, or the flat e of Florida or any political subdivision ther,?c)~ :~: pi, ~?.d to tl~,. [,..~']ment of the principal of, premium, if any, ~md :n~,~,_.:t ,:. th~..~ Bon~:. Ho me,er o~ the Board o~ County Commissioners of Colli,.r C~.~;::ty o~ ,~n>' officer, agent, or employee thereof shall be liable ~-'.~.:o:.~,'~ !y c)n th,> i{:)n~:: by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bond:; a.~: co:lt,::~:,lat,~d ~:/ ,i~. H~solution is hereby approved, however this app~o';.tl :~:a]i in n~ v...~v k,,: ~],~emed to abrogate any regulations of the County ~r,l t:;,. p:-ojec~ c~A;,.,':':plated by this resolution shall be subject to all such ~,-~ulatio~:;, including, but not limited to, the County's Growth >:;~n,~g~ ~:.,.:;~ P]n:':, ail c~ncurrency requirements contained therein, the Coil ~,,~. ' ';:~ty I_,a:;~ ~,,'.',.i~.~,mc:]t Code, and any applicable impact fee Section 3. Repealin9 Clause. All resolutions or orders and parts thereoi in c,>:~.: lict her,:v:it.~, to the extent of such conflict, are hereby ~upers,.:ded a:.~d repeal,_,d. Section 4. Effective Date. This Resolution shall take effec~ immediately~up<:n its ~V~S.::D ;.,;:~, A:,')PT::; '7~!i.; ~t[~ day of June, 1999. i ATTEST: BOARD OF CO?~T_~Y~SSIONERS OF D'.'iaht E. B,,-~'k CI...~. COLLIER Y DA Deputy :.c, rk ..... Pame.~S. Mac t~pprovea a.; '? form and l,:l,~l sufficiency: i<ESO,',U'I'ION RH';/,,NDING Ti{E OFF I{.:iAi, ACTION OF [;'iNANCE AU'F~{DF 'TY.O:~. COLL'ER (JOUNT':', FhOb[II3A, .;'EI.ATiVE,~ '7') '['H[.~ [SSUANCR .,F NOT TO EXCF,[:~D $I0, 000, 000 i{OUS I i;~ .; F:R','H::; :H PRFUND; [;,/'.; NOND4r"f'~n '~ TIlE ;;NSC '::.: .............. ........... ,..- "$2, rt.,{', [ .:~ ::~.4JS:;. ; :"ih~;~ ..... .... : ...... ar .... ::r :. .... ";'v !.' .... _,i.;;,; :',:,, ...... '¢': ' " XUi,T i i"/C.~; ];':' }~ iq.rS i .N..'J. u;:: ':.'v' ;:.' :. '..... :: (~,m, AOO,'r..: ,qJ 'i.' :~ A:-i~ ,, ,,:I,,, .~; St';P i ~"q ACO[;i kiN'.;, :' ,,:-;STRUCTiNG AND N'OUI i'P LNG N',;i,",'; FAN; :,':' r*~"SiI~EN'i'rAi, iF '::;Tm~, i"ACI;,i .... q P ....... . ...... '"" ' I ~[',.: FON t':NSONS ,.?P rAt, l; :,i ?::/.; "F [,OW ~'I ~ :,.,..:'. ('.b ;:Ut~'rHr;';'~ '" .... iON i ,;, 2.,:., 'i'}{N :.",'t.'r'rr ..... :~,' .,'..~;1) I~:ri,iVERy n:: AN ACfREf';M~:NT ~"' AND :~:"'""~'":" [)R()',/ ' ", i ); : .:.ri :.':.':.'h'r'TI*,;,' income located ill '7:1;' ] iof CC, LIii2'/ (the "Pvojec:t'. ", now k:to'...'n .:n:; ,'-_'oral Palms Apa rt'.nents) pursuar~t t.o Chapt. er 159, Pam-L iV, Florida the Author i t'¥' WHEREAS, , ' ' ,. '. ~. A:lt.]lot'J. t2',., t'~ , '.:o tho o::e ou ru.o:',~: J;::;t;,:; : :;,':" i ,,:: :::_,t ,.::.:'r,..~'Ji:~j ,1:: ,~cjg:.',::ga'o p:-:::cipal amount off '.~i"~,0r~: ,,,':0 d:U:i t:O ioa:-: tlc procc:ec!s thereof ava:]abZe co refund tho Ou::st..~:~dim,g Bo:ids under a loan agr'eoment or other financing agnueme::t '..:~ich will p:-ovid<, titetu pz~'/mont;::; t_lte~'ot:;tde% be ar ....... least suff~ci,,~'' t;o .oav, ;:he ~;,r:rr'ioal.~ of and -~ ~"~' ........ ' ..... and redemption, .o:'omium, i~:~ a.,:, ~.,~,,: suc}~ Rt..funding Eonds a:~d ._ ,. ~ . .< " -' ;' other costs in c:on::,,.cL ~,'/l ~ : 1 ass l ',;~i ~ ~1'? ("l{:.: i}l',,' a~d :- ,'.'-,,no, ,". ~ h,,. .... WHEREAS, t~',c, Company has entered int:o ,-;,~. Pre! :~:-:::a:v Acreeme:~.t~ ~':~ ,-'.'~-r, d,',',', herewith relat~:~,g to t!~,~~_. ~.~.~:;u..~' ' nee ~' ':"'.= WHEREAS, L!7- ..':',:: !',or::y held a public hearing issuance of ~he Re~:unding Bonds for the purposes here~n the date hereo~, which public hearin~ was conducted ~hau provided a reas<:,:~-~ble oppor:unity ~,o~~ persons '..:i~ views to he }:~,,:~:,~, ~.' ]~ orali'?' and in ~,,'~-~' ~nc~, c)n and, IT IS, THEREFORE, DETERMINED A/~rD RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, T}~T: 1. Approval of the Refunding. Tile :-e f u::d i Outscarldi.,,,g !~or.d:n .,: i t.!7'., fi:'.'~:~c;nc: ', ~m~'.'~.' ~' bv :.!'.,~, A,:: !. :':: v thrOklgh t.h(¢ i:;::::~:.!i::~'¢... ,: r:'~ie: F:,-:,t'.::::ct i zig ,t"', .';~ir;, n'.i,-q,',~,::' : ..7. ::!:,. ..'.. " , wil'. OYon~otc, t'.~,¢, i~e,.~ t:il azld ,,.;el *" -,'~, [~ 4t .... ,.0'. ' . - .,. ~.d~. 0 Lhe c ~ "'(";if'; ' .. l'.:' Coun~.y and ',,.'i.~.~ ...... '.';',¢,r,_:n'/ serve L!;e :}ubli,:: .nu, o¢o'='-, r ~.-,,' ......... ,-~'- ' ~',', :,"' 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Cha{rmar~ of the Au'.:hority are hereby and directed ko e:cectltle~, for axd on behalf of tile AutlhoriLy, she Preliminary A,{j~-e~.rue~'' cf even d~te herewiLh hetv.'een ~e Aklk}il;rl:.',' and khe Com:,anv pt-cv' ,il:to: uud,-:'stzal~dinc:s tel at: iva t:o ' ;,* ~tJsilai1ce o~. t ~:e P,.f:::: !:::~; !?.ezi.:~s by Lb,:: ;,,klthO~ itv l'.l ,::I .lig.z:rv :l~' principal ,-.... ,..-~ .- ~ -~...r.,.,.~: ' :-,' :C-s-:,.'- o~ /a" 5' 'i'[ ¢ - · ~ . c,, .4 de le . (b) ~he .c~ .......... . ......::::, -,s r:,.:[::ed by t~:e 3. Authorization of the Refunding Bonds. Ti',e:'e is !:,~rebv autitori::ed ' o b,, isis':ed and t:!.e Authc~'i. ty here'by d~:::~.~m'.:':~.:-; issue the F'.eit:niir:g Rends, ;f so requested by the sublect to ':,~ ........,...,,...,: ........ . ,...~,~- set 2~',rth in 'h,. n,-r, limi::a,"' principal dmc, unL ;:o:. LO exceed $!0,0(.:0,000 f~',z- ~}:,2 reft:nd~ng : }~e ~; .... ' ''- '"" l'h,., :' ~ies ignat'.ed "~h,'.:s ii::: }. ' ::.-~ncc. A~:ti}:ori ti' of ('o[ ! i,'~- Cot:hr' v blt:iLl : ;':.1 iv Aparkments)" or such ;;lmilar desig~tation as the Authority may :[eem advisable. The rate of interest payable on the Refundi:ic: 16it shall :tot exceed t'ho :'ate permit_ted by law. 4. Recommendation for Approval to Board of County Commissioners. ".h<, .,',.':::h.?:'::',' h,-:'e'rv '.-,_, :: P:::mo:~ci.s t:ho Refundinc2 }~o~,'~ ~o:' '~.pz'o'.'a~ 'o t~he ~c, ard o[ Co~::~'.,' of Collier Co,.:::zv (t:he "[~carci":, . The A~zho:'i[y here~<,' direc's tho Chai rman, V[ce- C}un i :'..:tn or issuer ' s Counsel, eith~r a ! :',::e :',:' jointly, at t. he e:<pe:]se ef [he Cempa}r/, Lo seek ap[~]'oval issuance of the Re[unding Bonds by the Beard as elected ~e.t~- ,. ..... ,'~c'f*flt at i'.'~:s of Collier County, ,.:rider' and Act and Section 1.17.' ) o[ tho Internal Revenue Cc,:N. , [ i i.F~, as amended. 5. General Authorization. Tile ("}~.,~i:'ma:l, t.h~. '.':."e- the Secrr-.ua,-,'_ . ,, a::d c'.';t::lsel [or the At:t}totT[Lv, are }to t .... auzhori:ted te ~::'~ ~'~.(..~, t~po:~ e:.7,c~:t' ion of t }~e Pn~l tm~:~,,~'}' Ag:',.,.:':,.::: , Authority and are [u~'t.her autl~orized to take such slops and act. ions as may be reau:red a:ti necessary in order to cause the Auzhor:uy issue the Refunding ..... tds subjec[, to the terms and r ..... :o.~h ~' :he :~'-,;[:m :;~r'./ Agre,r::'.e:2: at:thcrizect 6. Affirmative Action. T!tis :,:sc:]ut:,.)lt :.~ .~:: action o~ tit;: .::h~kltO:~::_V tc'..:ard L~te issuattce o[ the the purposes of the i,~v,,s of the State of F]orida and United S2ahes Treasury Regulations. 7. Approval of Notice of Public Hearing. Ti:e and the publisi:inl] ti.:,:,reof ra"ified bv 'he 8. Appointment of Counsel. Th,.: .;,uZi',o::iZy app:~i:':ts Gibiin anti Nicke:'.'.~o:;, P.A., Tampa, Florida to act. ,:~,s ?:©::d Counsel Zo r_he Authori~.v i:t -',mnection wi[h ~he issuance by t:he of t:he Re£undL:tg Be::ds. The firm o[ Donald A. P:ckv;o:-t:h, F.A., Naples, Florida is t:i:e duly appointed issuer's Cou~:sel. 9. Limited Obligations. The Refunding B,::)rtds and the interest thereon sit,',l ~ no~ corts~i[ute ,~:~ indebtedness er pledge_ of the general c:-q:cli'..~ o:' ta:.ti:~g ~:z.'../er of C~!]ier Count'.', t:}~e S~ake oi Florida or any po!:: ::':~i st;bdivisfon o:' al?:':::cy khereof' but shall hse payable solely i:'o:r, :.~:,: revc::tue p/edited tiitet'efoF puYsua:tt to aica:: agreement or oU}u:r' f ::h~nclng agreement: ,::~tered in~o by a:;d bet. we:er: 5he Author:_zy and [}'.,: Company prior to or con5emporanecuslv With !6il the issuance of the Refunding Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applicati©ns nor for any other regulatory 'oerm~ts relating to the Project and the Authority shall not be construed by reason of its adoption cf 5h~s resolution to }]ave waived any right of tt]e County or estopp[ng County from assert[ng any rig}~ts or responsibilities that regard. This Resolution si%all take effect immediately. ADOPTED this 7 i,~y ~ Jt]t~e ~ c, 9c, (SEAL) HOUSING FINANCE AUT![OR1TY OF COLLIER COUNTY, FLORIDA /s/ Vice Chaivman ATTEST: _/s/ Secretary -4- N~ptes, ~L 3C~02 Affidavit of Puh[tcatlon , Naples Daily Neus 1 6JI PICK1.NDRTH, DONALD P.A. 5150 TAMIAHI TRL N #602 NAPLES FL 34103 REFEREN£E: 010784 57882096 Notice of Public He~ State of FLorida County of Collier Before the undersigned authority, personalty appeared Angela Bryant, vho on oath says that sine serves as Assistant Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising was published in said nevspaper o~ dates Listed. Affiant further says that the said Naples Daily Ne~s tm a newsl~per published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida] ench day and has been enter~J as second class mN)il m~tter at the post office in Naples, in said Collier County, Florida, for a period of 1 year ne~t preceding the first publication of the attached copy of advertisement; and ,fflant further says that she has neither paid nor pro~mised any person, firm or coporatio~ any discount, rebate, commission or refund for lhe purpose of securing this advertisement for publicatic~q in the said neusF~per. PUBLISHED OH: 05/24 AD SPACE: 136.000 INCH FILED ON: 05/2~,/99 . NotiCe Ps h~-~y g~verliK, eft ~ theet, llol~' ~ m',~e c~ln ~~li ~ .~ ~hl~ ~ ~.~ i~C~ GII~ ~ HFA .... "~: ":v~.'~.~ ¢ ';~/~C~ W~ ~m~ ~ In ~ SHOULD ANY ~N ~Cl~ ANY DECISION ~ BY ~ AUdReY WI~ ~[~ECT TO ANY ~T~ CONS~RED AT TEARING/5~CH PER~N WILL NEED A RECORD OF HE PROCEEDINGS AND~ FOR T~T PURPO~, SUCH PERSON ~Y NE~ TO ENSUREI~AT A ~RBATIM RECORD OF ~ ~E~INGS DE, WHICH RECO~D INCLU~5 THE TESTIMONY D ~iDENCE UPON WHICH THE ~ IS TO BE BASED, 971)X4u2.X l.X,l.,\ *)8{ )2 (,(,4 .X l,X 1.,\ ~)7r),'q,'q{) 1 ,X,l ?, 1.,\ *;,'q I 9,'ql}7825.X l.X 1..\. 97(),S257NIN1;\. 98()I()SNNIN1..\. 5. ILS( '1':1 ,I ,.,\ N I'X )L rS I I li.Xl.*; T( ) I:ll.l,: F()P, RI!('()P,I) \VITII .,\(' I'I()N ,.\$ I)IRI.X Fl.'l): ('Jerk ~l'('ourls' NI. Ibmitlcd Ik~r public record, pLlrStlant Ltl Florida NI;Llulcs. ('haph:r I '~(~.( (,(1). Iht di:,J',ttr~,cmcnts I'or thc Ih,ard ol'(.'ountv C' m~misshmcr,~ l',,r thc i',crit,d ..\. ~hlx 11}- 14. It;9t) I~,. \lay 17- ]l. lt,~99 l)islricls: Nal'flcs 11crihn.zc ('t,mmunitx I)cvchqm~cnl I)istricl - Nlinutcs t~l' .\ugust 24. 19t)N I':asl N',H',lcs I' rc ('onl]'~,l and Rescue I)i:qr]ct - Ih~blic I'acilitics I.tcl'~Ort ]Icrilagc (;rccns ('tmmlunit,, J)c,.chu-,mcn! I)istrict- NJilltltcs t~l'..\tluUSt~ 2-1. I Ut),'< [). I~,ig £'.', press Ihlsin lh~az'd o1' thc .'4tm~h I'h~rida \\'atcr ~]anagcmcnl [)islrict - ,Nlilmlcs ol'.\pril 1. 1909 Minulcs: (*oilier (_'ountv ..\irpcrt ,,\ulhorilx - .,\gcnda t~I' .\.la,. IlL 19t,}{) and minutes t,I' .,\pril 12. 19t)*l mccling ('ode I')ll'm'ccmcn! [~oard - Nlinutcs t~l' \larch 25. 1999 mcctin AGENDA. ITEM J !N l gg I). .I. K ()¸ ..L I lisl~rical ;:\rd~accdogical F'rcscrvalhm I~oard - ~limtlcs of ,.\pt il Ir,. incclJn,:z' and a~cnda of .XI.:v,, "J. It)t)t) .Xptil 7. I')u'~ n~ccting I.ilmu'~ MI~ i~,,rx l{oard- Xlinulcx ~,1' m.¢hruarxm ]4. 1(~~) l';u'kx and t(ccrcalioll ..~dk ix,,r'v l{~,ard - ..X?nda ,,1' .Xpri{ 2N. )~)')~)::nd ~larch 24. 1';';~) mt'cling (;olden (;;itc I{caulilication .&dvisor~ ('ommmcc - ..~gvnda ~1' ~la~ I 1. minutes ol'..Xpril I 3. I*)*)~) l lJspanic .Xl'l'a~rs ..Xdx is,wx lh~ard - Xlim~lcs ~l'l:cbruarv 25. l~)u') and Xlarch mcc~in~ ()chopcc ]"irc ('(~llll'o[ l)ixlmict ,.Xdx'is~rv ('~,mnlillcc - N intmlcs ,,l'.lantnLrx' II. ',md Fcbruarx l. ]Ugi) mcclin~$ Radi,, I{o'ad I{c'dulilicati<m Nlccting - ~lintncs ,~l',.Xpril 2, I*)*)~) meeting AGENDA.I '1'. I':lthw~lv ,,\,,Ivi~rv ('tmm~iltcc - ,,\~cndu o1' kl;~x' 2 I. Iq0~) ;~i~,~l minulcs .,\pril 2.] P g. ~ BCC PAYROLL MANUAL WARRANT LOG DATE NAME 05/13/1999 John B. MacPherson 05/13/1999 Clifton Keoss Jr 05/13/1999 Mariam L. Ocheltroe 05/13/1999 Dorolhy Keegan 0511311999 Randy J Ducharrne AMOUNT 616 77 88568 67096 103 59 675 38 C~tECK Il 204321 204322 204323 204324 204325 REASON 800RT2.25OT 7474 SB Hrs 80Hrs RT 14 Hrs OR 80 Hfs RT [],CC VENDOR MANUAL WARRANT LOG DATE 05/10t1999 0511311999 0511311999 051! 311999 05/14/1999 NAME Volunteer Center of L r.,,,.; County Holiday Inn Busch G3rdens La Mansion Del Rio La Mansion Del Rio Holel Gerald A. Schoonfeld. Jr AMOUNT 1000 79 00 468 00 64,~ 00 1,5i)0 O0 CHECK t¢ 485343 485905 485906 485907 485908 REASON S Downrw 5/11199 M Brock-Safely OI)ttrahor'Lg Mtg E. Forgusr)n- Nal'l PoFtal Forum E. Ferguson- Nal'f Postal Forum 2/2/99 Workshop Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 3~101-3016 REFERENCE: 001230 #912501 578~1183 V-99-03 NOTICE OF PU State of Florida County of Collier Before the undersigned authority, personally appeared Angelm Bryant, who on o~th says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising ~as published in said newspaper on dates Listed, Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day 8nd has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/23 AD SPACE: 96.000 INCH FILED ON: 05/24/99 Signature of Affiant Sworn to and Subscribed before ~e this j~'~ day of ~']"l~:~L,,~ 19c~' V-99-03 NOTICE OF PUBLIC H~ARING No*Ice Is hereby given tho* the IBoa~d of ~ C~mlss~s ~ C~ ~11 h~d a~lc h~lng ~ TUESDAY C~I~ ~ ~n- ~ ~r, 3~1 E~ T~I~I Trail, n ~ ~ A.~ ~ will c~Jd- er Petltl~ V.99.03, L~lle E. H~d ~ FI~I~ W~er Mo~geme~ Olstrl~ re~eJtlng o v~ ~ r~ce r~lr~ 25-f~ yard s~k ~ 3 fe~ a~ 7-f~ v~l~e reduce the required 10-f~ sl~ y~d ~k ~ 3 feet t~ me Big Cv~ress ~ln minlstr~lon Building Lane In ~1~ 11, Township 49 South, Ra~ 25 NOT~: All ~r~ns wl~. lng to ~ ~ on~ ~ Item must regls~ me C~ PRIO~ ~ ~re~ ers ~11 ~ limed to 5 mires ~ any ~. T~ sele~ ~ ~ I~lvl~ ~lz~ ~ ~ enc~ro~. ~ r~lz~ ~V the Chairman, a ~ ~nlz~ ~ ~ al- I~ 10 mln~ ~ Persons wishing to h~e ~n ~ ~hlc ~101~ I~1~ Booed o~n~ p~kets must ~ ~ m~rJol a mlnlm~ ~ 3 Drl~ ~ ~ feted to ~ by ~e ~d ~1 ~ m~d ~ ~ ~e C~ s~ a minimum public h~l~. All al u~d In ~f~e ~ ~d ~ll c~e a ~ ~ Any ~ ~ es ~ ~ a ~lsl~ of ~e ~d ~11 n~ a re- c~d ~ ~ ~e~l~ e~e ~ a v~m Is ~, ~ r~d In- evl~e ~ ~h BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA 5. MAC'KI~, C HAI~WO~N DWIGHT E. ~ROCK, CLERK B~/s/LI~ Steele, TO: Petition,?r: ( :;,~t,l,. ;;,:~,',:;;:.',';,:.;;.; P r,?pose,~ Text: ~,,~"' :.. :..'.: :', :.: RF. SOI.UTION NO. 99- RIiI...\TING TO 1'I-TFITION FOR A VARIANCE ON t II[RI[INAFTIiR DESCRII3ED ('()LINTY, FLORIDA. 'O.'I Il!RI!AS, thc [.cgislalurc o1' Iht .'ql;llc of I:Iorid;i itl ('hapler 125, I"h,tid;t SlilllllCs. has toni'erred on all Cm,lliC~ in Florida Iht power lo cslal~lish, coordill;llc and elll~cc zolllll~ WIII(R[~AS. thc Cotlntv pursnant thereto has adopted a ].and I)c~cMpmcnl (',,tlc (()rdin;ulcc No. 91-1(/2) which establishes regulations for thc zoning ~1' p;trllctdar geographic divisions of thc County. among which is thc granling of variances; WI II(RI~AN. lhc Board of Zoning Appeals, bcmg thc duly clcclcd clHISUllllcd lllqttd o1' tile ill'ell ]lgFchy al't'cctcd, hlls held a public hearing al~cr re}lice as in said regulations made ami prm i.tcd, and hits considered thc advisability of a 22-fbol variance from lh~: required I5'o111 Vill'd I'lOII1 []lC l'Cqtlil'Cd side Vill'd sctbi~ck of Ill Foot lO 3 I~'CI ils sliowr/ Oll thc ;tltilcllcd plot phul. Exhibit "A". in an "[" [nduslrial ~oning District for thc property hereinafter described, arm has I'otmd as a matter of fi~ct Ihat satisfaclory provision alld arraBgc~Cl~l have been made conccrmng all applicable mailers required by said regulations and in accordance with Section 2.7.5 o1' Zoning Regulations of said Land Dcvelol)mcnt Code for thc uninct~rporalcd area of Collier ('OHIII>': ;tllt] WI If!RIL. XS. ali interested parties have been given oppt~rlumty to bc heard by this in public mooting assembled, and thc I~oard having considered ail Ill;ltlt'Fs prtscnlcd; NOW 'I'ItliI{IZFORE BE IT RESOLVED BY TIlE BOARi) OF ZONING AIq'I!AI.S of Collier Coumy, Florida. that: Thc Pclition V-U9-(13 filed bv Leslie E l]oxxard, representing SnUlh I'[orida Water Managcmcm District. with respect lo thc properly hereinafter described [5xhihit bo ;tlld thc sitlllc hcrchv is al~provcd f}~r ;1 22-thor variance from thc required liont ', .trd setback 50 l'cct. ]uss ;m ahcadv iq>proved variance of 25 f0cl. lo 22 l~'cl ;md a 7-lb,,t x;t*~;UlCC from required side 5ard setback oF 10 t~ct to 3 l~'ct its shown on thc altachcd plot plan. }:xhibil 'A", of thc 'T' Imjustrial Z~ming District wherein said properly is located, subject ~ ~hc t No additional structure(s) shall be pcm~ittcd within the established 25-1bm front sclback as depicted in Exhibit "A". Thc pre-cast generator shed '.'.'ill bc screened with app)opriate landscaping material as approved by thc Collier County ?lanning Services Dcparm~cnt. BE IT P,I'~SOL\:ED that this [,',csolution relating to Petition Number V-99-03 hc recorded in thc minutes of this Board. '[ids Resolution adopted after motion, second and majority ,,otc. Done this day of , 1999. ..VI'TI[ST: D\",'IC3I fF Ii. BROCK, Clerk .,\ppm;'cd as Io }:cmn and l,cgal Suflicicncv: BOARD OF ZONING ,'\PI'EAI_S COLLIER COUNTY, [:I.ORIDA PAMELA S. MAC'KIE, Chairwoman arjor~ M. Student ,.\ssismnt County ,Attorney f \'-'~ · 13 RI~S, OI U lION -2- LEGAL DESC. RIPTIOi~ RECEIVE] APR {3 ~'t ......... ~'0: PAM PERRELL May 11, 1999 r,~s. pam perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 CORRECTED NOTICE Re: V-99-03 Variance for Big Cypress Basin Dear Pam: Please advertise the above referenced notice one time on Sunday, May 23, 1999~ and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Count}, Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 8~ 1999 in the Boardroom, 3rd Floor, Administration Building, Collier Count}' Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 The Board ,,.'ill consider Petition No. V-99-03, Leslie E. Howard of South Florida Water Management District requesting a 22-foot variance to reduce the required 25-foot front yard setback te 3 feet and 7-feet variance to reduce the required 10-foot side yard setback to 3 feet for the Big Cypress Basin Administration Building located at 6089 Janes Lane in Secti©n 11, Township 49 South, Range 25 East. NOTE:AIl persons wishing to speak on any agenda item must register with the County adminisErator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selecI~ion of an individual to speak on behal£ of an organization er group is encouraged. If recognized b}, the Chairma::, a spokesman for a group o~' organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in ~he Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All mate:-ial used in presentations before the Board will become a permanenu part of ~he record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertainin9 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. BOARD OF COUNTY COMHISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMFuN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) May 11, 1999 Ms. Leslie E. Howard South Florida Management District 6089 Janes Lane Naples, FL 34109 CORRECTED NOTICE Public Hearing to Consider Petition V-99-03 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 8, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 23, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 1~,l{.'4()l.t q'l()X N(). ~)~)- 261 V,I:I..,VIIN(; 'l() PI{'ITI'I()N NLLMBI{R F()R A V.,\I~, IA X('li ON Pl~( )PF, I~,TY III'~RI{INAFTI!R I)I!S('RIIU{D IX ('()I.I,II:,R ('()l 'NT'f. FI,()RID:\. 17A \\'II IH{I{..\%. die lc~islalur~: o~'~l~e SI;m: oF Florida m ('hapler 125. Florida %lalutes. has st~ch bt~smcss r~gti~aliotls as ar~ t~ec~ssarv I~r thc protccNon ol'the public: and ~V~II~I~I{,,~. thc ('~lll~lV pursllal~l Iheru'to has adoplcd a l;md l)cxqlopmClll provided, ;md has considered tile advisability hi' ;i 22-1bol va[-i;lllCC I'rom Ibc required I'l'Olll sclbilck of 5() l~cl. less ali ;lh-cady approved Xill'i;lllCc oJ' 25 J~cl. lo .i I'ccl ',ltld ;i ? J~ol v;irl;lllt'c l}'t)lll Iht required side yard Sclback oI' Ii) I~'cl Io 3 J~cl as sho~tn Oll lilt lllliicJlcd plol lixhibil 'A". m an "l" h~dtlSll'ial Zoning I)islricl Ibr Iht properly hcrcinaticr dcscrihod, alld has ail ;ipplicahlc mallcis l'ctluiFcd IIv S;lld rcguhLliOns illld iii accord;lllCC tk ilh NccIioll 2.-$ iii Ibc Zoning Rc?~lalions o1' said I.;md l)cvclop111Clll ('ode I'Ol lilt Illlillcorl~ol'alcd ;il'ca of ('oilier WI Il!RI!AN. all imcrcstcd parlics have }~CCll given OppOl'llllllly lO bc ilcard by Ibis I~o,ird in public meeting assembled, amd thc Ifoard Imving considered all m:mcrs prcscnlcd: NOW 'l'tlERliF()Rl! BI! IT RI!NOI.VI!D BY 'l'lll! B()AI~I) ()F ZONIN(} AI'PlbX[.S {',fllicr (',,umv. I'h~rMa. lhill7 l}lC ['clHion V-'~2-113 lilcd hN leslie I'. Ih~ard. rcprcscnllllg Notllh I'h,'ida ManagclllulH l)islricl. ~ ilh rcspccl I,~ thc l~r'~q~url} hcrcmal'ICl' dcscrihcd I{xhihit bc and IllC Sallie hereby IS approved Ibr a 22-fi~ol x al'i;ulcc I}'onl Iht r'cquircd lYe)lit yard setback 51) l'cct. Jess all iliFCild} approved ~ariaucc m' 25 I~'el. Io 22 IL'el mid ;i 7-1bol ~;u'mncu I?om thc rcqttirctl s{dc ~iu'd sclbilck o1' l(I l~'cl ltl 3 ]~'cl ils sho~ n t,. Thc illuichcd plot pi;re, lixhihil ":V'. lh~' '"[" ]Ht]tlNh'lil[ ~i1~ [)iNlt'{~l ~hCI'Cill ~=l{d }~l'o}~crl>' ~ [o~llcd. st~bi~cl Io thc 17/1 No a,.]diti,:,nal strucmrets'~ sh:l[I bc l',evmitted ',,.'ithin die cslal~lishcd Crt'mt setback ;.is i]cpiclcd ill ]~xhibit Thc t',rc-c;tst gu~cratt~r SllCd '..,.i/1 I',¢ scrccnc',l with m;iximm'n I;l~ldscapi~'~g illalcrial and scrccmng as ap]m~vcd }~y thc ('oilier ('otlllly [~laiming Sci'~'iccs I')W{(}{{'I i!. )~{,t()("t4. ('),.'~'k ~la Ej c:.~,.7 N1. rt.-: © 0 © > 0 1, 7 ~ '1t 30.0 EGAL DESORIPTIOt~ · -r'~q~B IT 'B" RECEi¥[q APR O 4 ~; 47 0:3 , ' WATER , ! t , I I EXHIBIT """ Contract Amendment No. 5 Schedule A - Attachment A Meeting Minutes February I, 1999 Page 4 of 4 Other Items The other item discussed during the meeting was the digested sludge pumps, The NCRWRF staff has already replaced the digested sludge pumps and requested that the new pumps be deleted from the project. This will impact Mechanical. Electrical. and Instrumentation Drawings and the following Specifications: Bid Proposal Summary of Work (including work sequence) Digested Sludge Pumps (delete Section) Electrical Specifications Instrumentation Specifications -END OF MINUTES- P. oca:4245MO06 DOC6