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Backup Documents 09/28/1999 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING SEPTEMBER 28, 1999 Naples 0eily News Heples, FL 3H102 Affidavit of Publication Naples Daily Hews ~RD OF C04)4~ CC)f~HISSIC)f~ERS Am: ~A PHILLIPS PO mX 41~6 NAPLES FL ~101-~d6 REFERENCE: 0012~C) #912~3 579~:)20 NOTICE OF PUBLIC HEE State of FLorida County of ~LL~er ~fore the undersigned authority, personaLLy appeared ~ela Bryant, ~ ~ ~th says ~ serves a~ AllJst~t Secretary of the NapLes DaiLy ~s, · ~iLy n~s~r ~bLish~ at ~ples, ~n CoLLier C~ty, FLorJ~: t~t ~he attcah~ c~y of t~ ~ertisJ~ was ~bl~h~ in said n~s~Hr ~ ~tel LJ~t~. AffJ~t furt~r ~y~ that the said Naplel 0atly ~ Je I n~s~r Nbl?lh~ at Haples, Jn said CoLLier C~ty. F~ori~, a~ t~t the laid ~r ~s heretofore ~ c~tin~ly ~L~ ~n ~a~d Collier C~nty, Flor~, eac~ mtter at the Nit office in ~ple~, in said ColLier C~ty, F~ort~, for a ~rt~ of ~ year ~xt pre~J~ t~ first ~Ltcati~ of the ittlc~ ¢~y of ~vertile~t; a~ affiant furt~r ~yi t~t lhe ~s nett~er ~id ~r p~Jl~ ~y ~r~, firm or c~rat~ any dt~t, r~te, c~i~i~ or refu~ for t~e ~e of lecuri~ tht~ ~vertis~t for ~lJ~t~ ~n the ~?d n~s~r. PUIILISHEO ON: 09/26 AD SPACE: 55.000 INCH FZLED ON: 09/27/99 NOT~:E OF PU~LK: MEElqNG B()~O OF COUNTY COAAAAISSIONER S, COLLAR C~NTY, ministration 'Bull~lng ~unty Government ~ a~e ~ ~ Coun~ Any ~ ~ ~ld- ~ ~ ~ ~ a r~ ~ ~ ~1~ r~ cord Include~ fhe COLLIER COUNTY ~WO~N S~orn to and Subscribed be. fore ee this ~ dey of ~__ 19_~I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Tuesday, AGENDA September 28, 1999 9~00 a.m. NOTICEs ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER ~PUBLIC PETITIONS". ~ PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-83801 ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12500 NOON TO 1~00 P.M. INVOCATION - Miss Gail Schultz, Teacher from Unity of Naples Church l PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS Approved and/or Adopted with changes - 4/0 (Commissioner Constantine absent) Ao APPROVAL OF CONSENT AGENDA APPROVAL OF SUMMARY AGENDA APPROVAL OF REGULAR AGENDA APPROVAL OF MINUTES PROCL~TIONS ~ SERVICE AWARDS A. PROCL~TIONS Proclamation proclaiming the week of October 1 - 7, 1999 as United Way of Collier County Campaign Kick-Off Week. To be accepted by Mr. Ernie Bretzmann, Executive Director and Ms. Shannon /%nderson, Campaign Development Director, United Way of Collier County Adopted - 5/0 Proclamation proclaiming that Sugden Community Park be recognized by the Board of Commissioners and the Florida Chapter of the American Society of Landscape Architects. To be accepted by Mr. Joe Delate, Project Manager, Parks and Recreation Department and Mr. William E. Flynn, construction Management Supervisor, Public Works Engineering Department Adopted - 5/0 Proclamation proclaiming the week of October 3- 9, 1999 as Mental Illness Awareness Week. To be accepted by Ms. Kathryn Leib Hunter, Executive Director, N~2qI of Collier County Adopted - 5/0 Proclamation proclaiming the week of October 3- 9, 199 as National 4-H Week. To be accepted by Ms. Brooke Haas, Vice President, and Mr. Andrew Glazier, Treasurer, 4-H County Council Adopted - 5/0 5) Proclamation proclaiming the week of October 4- 11, 1999 as The Friends of the Florida Panther Refuge Poster Week. To be accepted by Mr. Bob Baker, President, The Friends of the Florida Panther and Mr. Jim Kirkowski, Manager, Panther Scplcmbcr 28, lUU9 Refuge Adopted - 5/0 SERVICE AWARDS Presented 1) 2 3 4 5 6 7 8 Judi Bodine, Public Services Administration - 15 Years Joseph Delate, Parks and Recreation - 10 Years John Lucrezi, Water - 10 Years Robert Mulhere, Planning Services - 10 Years Kevin Rogan, Sr., Road and Bridge - 10 Years Earl Sackett, Road and Bridge - 10 Years Daniel Sappah, Road and Bridge - 5 Years Paul Passaretti, EMS - 5 Years C. PRESENTATIONS 1) Recommendation to recognize Danielle Chard, Principal Information Technology Professional, Information Technology Department, as Employee of the Month for September 1999. Recognized Added~ 2) Check presentation to the County Parks and Recreation Department for the Florida Recreation Development Assistance Program Project for the 1999-2000 Legislature awarded to Sugden Regional Park. Check in the amount of $100,000 presented by Senator Saunders. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS Mr. John P. White requesting an easement over County-owned parcel. Staff to come back with options for the Board's considerations 8. COUNTY ADMINISTRATOR' S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) C-99-6, Naples Italian American Club requesting a permit to conduct a carnival (Festa Italiana) 3 Seplcmbcr 28, 1999 on November 4,5,6 and 7, 1999 at 7035 Airport Road North. Carnival Permit 99-6 Adopted - 5/0 2) Request by Bob Townsend of Mayflower Congregational Church of Christ for a waiver of a Temporary Use permit fee for special events signs. Approved - 5/0 3) A report to the Board on the Housing Element of the Collier County Growth Management Plan Report Accepted B. PUBLIC WORKS 1) Staff Report on Disposal Capacity at the Naples Landfill and Incinerator Option for Collier County. Staff to explore various options including a local incineration plan and also investigate proposal given by Dr. Stokes. (Consensus) 2) Presentation of the Camp Dresser & McKee, Inc. Survey on Host Community Compensation Mechanisms and their Applicability to Collier County Landfill Operations. No Action 3) Approve Payments to Waste Management, Inc. for Operating Cost Increases at the Naples Landfill. Approved subject to an internal audit to be performed by Clerk's auditing staff, ensuring that the a~nounts are correct 5/0 4) Presentation of the Traffic Analysis for Santa Barbara Boulevard Corridor Study (Project # 60091) (CIE # 32) Alignment C as a four-lane with Alignment A as a two-lane Consensus 5) Interim Report on Reclaimed Irrigation Water Resource Planning Issues and Peak Season Irrigation Demand. Presented Moved from Item #16B9, 6) Approve a Change Order to the Professional Services Agreement for Traffic Engineering Consultant Services in the amount of $15,165 for implementation of coordinated signal timing 4 Scptcmbcr 28. 1999 plans for Airport-Pulling Road and Pine Ridge Road. Continued until staff investigates further - 5/0 PUBLIC SERVICES SUPPORT SERVICES 1) Adopt a Resolution Authorizing the Acquisition by Gift, Purchase or Condemnation of Road Right-of-Way, Sidewalk, Slope, Utility, Drainage, Maintenance and Temporary Driveway Restoration Interests by Easement and/or Fee Simple Title Interests for Pine Ridge Road between Airport-Pulling Road (C.R. 31) and Logan Boulevard, CIE No. 41. Res. 99-384 Adopted 4/0 (Commissioner Constantine out) E. COUNTY ADMINISTRATOR 1) Adoption of a County Legislative Agenda. Continued until after Commissioner Berry returns from the FAC Meeting (Consensus) AIRPORT AUTHORITY EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT Recommendation for Board selection of outside counsel for County in lawsuit entitled Dwight E. Brock v. Robinson & Cole, L.L.P. and Collier County, Florida, Case No. 99-2910-CA. Faerber & Cliff selected 5/0 Report of solicitation process to obtain outside counsel to assist Board and oversight committees in Growth Management Plan proceedings / selection of counsel. Carlton-Fields selected (Nancy Linnan) - 5/0 Recommendation to authorize staff to submit a proposal for settlement in the case of George Smith & Cheryl Smith vs. Better Roads, Inc. & Collier County, Case No. 96-2625-CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida. $ Scp~cmbcr 28. 1999 Staff recommendation Approved 5/0 Recommendation to accept a settlement proposal in the case of State Farm Mutual Automobile Insurance Company, a/s/o Michael McCrea vs. Collier County Board of County Commissioners, Case No. 97-2219-CA- 01-THB, Pending in the Twentieth Judicial Circuit Court, Collier County, Florida. Staff recommendation Approved 5/0 10. BOARD OF COUNTY COMMISSIONERS no Appointment of member to the Immokalee Enterprise Zone Development Agency. Res. 99-385 appointing Casey Wolff Adopted 5/0 Appointment of Commissioner to serve on the Board of the Florida Coalition of Coastal Communities, Inc. Commissioner Berry to serve Approved 5/0 Discussion relating to the C-4 District maximum height allowance. Discussed Added~ D. Evaluation of current Immokalee Road 6-Lane Improvement Project, drainage and sidewalk design; Project No. 69101; CIE No. 08. Presented 11. OTHER ITEMS Ao OTHER CONSTITUTIONAL OFFICERS Added~ Accept an Article V Trust Fund Grant-in-aid of $49,204.00 from the Office of the State Court Administrator and authorize Chairwoman to sign the agreement. Approved - 5/0 Moved from Item #1616z 2. Approval of a lease agreement with William F. Hiniker and Carole AnnHiniker for use by the Sheriff's Office Public Information Office. Approved - 5/0 B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 6 Scptcmbcr 28. 1999 ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition R-99-7, Terrence L. Kepple, P.E., of Kepple Engineering, Inc. representing William Minnielli, requesting a rezone from "A" to "RSF-4" for 157 single family dwelling units for property located west of San Marcos Boulevard, in Section 31, Township 49 South, range 26 East, Collier County, Florida, consisting of 39.36 +/- acres. Continued Indefinitely - 5/0 C. OTHER 1) Approve the Rate Resolution to Adjust Landfill Tipping Fees, Residential Annual Assessments and Commercial Waste Collection Fees. Res. 99-383 Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Continued to October 12, 1999~ 1) CU-99-18 Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Robert Keenan, requesting Conditional Use "24" of the "A" zoning district for a dog kennel on less than 20 acres of land, in Section 36, Township 48 South, Range 26 East, Collier County, Florida, consisting of 1.3 ~/- acres. 2) THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 14, 1999 MEETING AND IS FURTHER CONTINUED INDEFINITELY. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A. representing Gulf Coast Building Association, requesting approval of off-site parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. 7 September 28. 1999 B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS ao Discussion re date of Halloween observance and hours for trick or treating to be determined by Sheriff's Office. B. No meeting on December 28, 1999. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 4/0 (Commissioner Constantine out) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an interim policy for commercial lake excavations located in Golden Gate Estates. Continued Indefinitely, 2) Recommendation to approve Commercial Excavation Permit No. 59.691, "Forest Park (Heron Lakes)" located in Section 33, Township 49 South, Range 26 East: Bounded on the north by the Golden Gate Canal (Golden Gate City), on the south by 1-75, on the east by land zoned agriculture, and on the west by Golden Gate Community Park and Berkshire Lakes PUD. 3) Approve an Agreement with the Economic Development Council of Collier County, Inc. (EDC) to execute continuation of the Economic Diversification Program; and provide a contribution to the EDC of up to $250,000 for Fiscal Year 1999-2000. 4) Request to approve for recording the final plat of "Isla Del Sol", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance 8 September 28. 19~)9 security. w/ stipulations and performance security and Construction and Maintenance Agreement 5) Approve budget amendment recognizing grant revenues from the Commission for Transportation Disadvantaged. PUBLIC WORKS 1) Resolution to Appoint and Authorize the Public Works Administrator, the Transportation Director, the Stormwater Management Director, and the Public Works Engineering Director to Execute Grant, and Permit Applications and other Documents Pertaining to Construction of Public Works Improvement Projects. Res. 99-374 2) Approval of a Lease Agreement between Collier County and the City of Naples Airport Authority concerning the Solid Waste Transfer Site. Monthly rent in the amount of $1,865.60 3) Award Contract to Construct Master Pump Station 1.02, Bid 99-2967, Project 73924. Awarded to Douglas N. Higgins, Inc. in the amount of $928,750 4) Recommendation to Award Bid #99-2970 - "Chemicals For Utilities" for Fiscal Year 99/00. Awarded to various vendors as indicated in the Executive S,~mmary 5) Approve Work Order No. JEN-FT-99-1 with Jenkins & Charland, Inc., and Work Order No. PHA-FT-99- 3 with Pitman-Hartenstein & Associates, Inc., for the Design of the Proposed Palm River Boulevard Bridge Replacement & Utility Relocation, Project No. 69133. 6) Award a Construction Contract to Better Roads, Inc. for Construction of Intersection Improvements at Immokalee Road and Wilson Boulevard, Collier County Project # 66065A; Bid ~ 99-2983. In the amount of $440,512.54 7) Approve Tourist Development Category "A" Funding Applications. SepIcnlbcr 28. 19t;9 In the amount of $6,257,531 Approve Deferral of the Design and Installation of Traffic Signal and Roadway Intersection Improvements at the Intersection of Vanderbilt Drive at 111=n Avenue/Bluebill Avenue. Moved to Item #8B6, 9) Approve a Change Order to the Professional Services Agreement for Traffic Engineering Consultant Services in the Amount of $15,165 for Implementation of Coordinated Signal Timing Plans for Airport-Pulling Road and Pine Ridge Road. 10) Award Bid No. 99-2974 "Traffic Sign Materials" to Municipal Supply and Sign Company. In an estimated amount of $88,000 Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for Continued use of Inmate Labor in Road Maintenance Activities. 12) Award Annual Bid # 99-2973, "Traffic Signal Components," to US Traffic (dba Intersection Development Corp.), Traffic Parts, Inc., Traffic Products, Inc., and Utilize the Florida State Contract for Purchase of Traffic Signal- Related Equipment. Awarded to various vendors as indicated in the Executive Summary C. PUBLIC SERVICES 1) Approval of an agreement to terminate lease between Collier County and Collier Health Services, Inc. 2) Approve a budget amendment for the increase in Medicaid Waiver revenue collected and related program costs. 3) Grant an easement to Florida Power & Light Company upon real property owned by Collier County, to service the Collier County Agricultural Fair and Exposition, Inc. (Collier County Fair Board). Approve a Resolution amending Collier County Parks and Recreation Facilities and Outdoor lO September 28. 1999 Areas License and Fee Policy, repealing and superseding Collier County Resolution No. 98- 389. Res. 99-375 5) Approve a lease agreement with Southwest Florida Workforce Development Board, Inc. for use of the band building located at the Immokalee Sports Complex. Res. 99-376 Award of Bid 99-2938 "Portable Toilet Rentals". Awarded to J.W. Craft, Inc. Award of Bid 99-2965 "On-Call Electrical Services for Parks and Recreation". Awarded to Bentley Electric, Inc. as primary vendor and E.B. Sinunons, Inc. as secondary vendor Approve the F.R.D.A.P. Grant Agreement for Sugden Regional Park. Enter into an agreement with the Collier County School Board for recreational camp field trip transportation. Option A 10) Authorize the Chairwoman to execute the annual contract between Collier County and the State of Florida Department of health for operation of the Collier County Hea%th Department, upon review by the County Attorney's office. SUPPORT SERVICES 1) Approval of a resolution authorizing expenditure of funds for the United Way Campaign. Res. 99-377 Approval of an Agreement with Insurance and Risk Management Services, Inc. for Property and Casualty Insurance Brokerage Services. 3) Approval to Renew the Property & Casualty Insurance Program. As described in the Executive Summary and Cost Comparison Summary with an effective date of October 1, 1999 Scp[cmbcr 28, 1')99 E. COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendment #99- 442, #99-450 and #99-449. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 99-01740MMA, 98-01445MMA, 99-00356MMA, 99- 00666MMA, 96-06758MMA, 98-00928MMA, 99- 00592MMA, 99-00651MMA, 99-01385MMA, 98- 07867MMA, 98-06765MMA, and 98-09455MMA 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff's Office as the "Official Applicant" of the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program, to accept grants when awarded and approve applicable budget amendments. 2 Recommend that the Board of County Commissioners endorse an amended United States Department of Justice Federal Equitable Sharing Agreement. Recommendation that the Board of County Commissioners adopt a Resolution amending the legal descriptions in those precincts recommended by the Supervisor of Elections. Res. 99-378 Recommendation that the Board of County Commissioners adopt a Resolution for sole source acquisition of ballot tabulation software which is certified in Florida as being Y2K compliant. Res. 99-379 5) Recommendation that the Board of County Commissioners serve as the local coordinating September 25. 1999 unit of Government, endorse the Collier County Sheriff's Office State of Florida, Department of Transportation, Highway Safety Funds Grant Application, and upon award, accept the grant and approve applicable budget amendments for the Sheriff's Office Immokalee D.U.I. Enforcement Project. Moved to Item #11A2~ 6) Approval of a lease agreement with William F. Hiniker and Carole Ann Hiniker for use by the Sheriff's Office Public Information Office. J. COUNTY ATTORNEY 1) Agreement and Budget for partial funding of Legal Aid Society. K. AIRPORT AUTHORITY Continued to October 12, 1999~ 1) To delimit the footprint of the Marco Island Executive Airport 17. S~RY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA~ 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COHMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PL/tNNING 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. ao To adopt a resolution approving amendments to the Fiscal Year 1998-99 Adopted Budget. Res. BAR 99-1 B. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 14, 1999 MEETING AND FURTHER CONTINUED TO OCTOBER 12, 1999 BCC MEETING. Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD" Planned Unit Development tc be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental 13 September 28~ 1999 Co Do facilities including a club house, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 111t~ Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres PUD-99-17, George L. Varnadoe, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Hamilton Harbor, Inc., requesting a rezone from "PUD" (Sabel Bay) to "PUD" Planned Unit Development to be known as Hamilton Harbor PUD, in accordance with an Interlocal Governmental Agreement between the City of Naples and Collier County, for a marina located in South Naples Bay, adjacent to Bay~iew Park, of which 21 +/- acres are located within the Collier County jurisdiction, in Sections 22,23, and 27, Township 50 South, Range 25 East. Ord. 9~-68 CU-99-14, Terrance L. Kepple, of Kepple Engineering, Inc., representing Anthony Ross, requesting Conditional Use "4"of the "C-5""zoning district for child services for property located on Radio Road, approximately 300 feet east of Airport Road, in Section 35, Township 49 South, Range east, Collier County, Florida, consisting of 0.66 +/- acres. Res. 99-380 Petition V-99-12, William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., requesting an after-the-fact variance of 6.2 feet from the required setback of 15 feet to 8.8 feet for property located at 2013 CR 951, further described as Block 75, Golden Gate Unit 2, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. Res. 99-381 DOA-99-02, Karen K. Bishop of PMS, Inc. of Naples, representing Dewey R. Gargiulo and Michael Procacci, Trustees, and Ronto Development Group, requesting an amendment to the Parklands Development of Regional Impact (DRI), Development Order 85-4, as amended for the purpose of extending the date by which time substantial development was to have begun from March 11, 2000 to March 11, 2003, for property located in Section 9, Township 48 South, Range 26 East, Collier County, Florida. Res. 99-382 and DO 99-3 14 September 28. 1999 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 15 Scpt~mbcr 18. 1999 AGENDA CHANi3E~ ~I. .OARD OF COUNTY ;~)MMI$$10NER$' MEETINg Seotomber 2e. 1~ APD: ITEM 6C 2 Check preteritetlon to the County Parku end Recreation Department for the Florkeg Recreation Development Aeeistance Program Project for the 189g-2000 Legislature ,wlrded to $ugden Regional Park. (Stiff'i Requ~ot) ~]~./__.[]:~JlLt~ Ev&luation of cur~nt Immokelee Ro&d 14.~ne Improvement project, 'draht~ge and 11dewMk design; Project No. Ig101: CIE 14o. 01. (Comm. Mac'Kle'e Re<lueet) L~DD: ITEM 11 A Accept an Article V Trult Fund Grant-in-AM of $4g,20,1.00 from the Office of the 8tit, Court Adm~ietrator end authorize Chairwomen to elgn the sgroonmnt. (Stirs Request) MOVE: ITEM 18 K 1 TO 8 F 1; To delimit the footprint of the tdlal~o island Executive Airport conllMen4 ~ the Airpoll ~r Plan. (Commiseioner Conltintine'l Request) CONTINUE: ITEM 13 A 1 TO OCTOBER 12, 19~8 IEICC MEETINg CU-0g-18 requesting Conditional I Joe "24" of the "A" zoning district for II dog kennel on lees than Z0 ecree of land. CONTINUE: ITI~M tl A 2 TO BE CONTINUED INDEFINITELY Recommendetlon to approve Commercial Excsvatlon Permit No. $g.tBl (Statf'e Request). £~OCLAAAA TION WHEREAS, WHEREAS, 14/HEREAS, NOW since I9§7, the t/n/ted Way of Collier County has sponsored and funded qualified, non peafit community aEencies which provide essential social and health services to our citizens; and, thrashout the 45 year history of the United Way of Collier County, the organization has demonstrated continued growth and is cur~ntly funding 20 community agencies peariding s¢~v,'~e$ to a# areas of out' County; and, the I999/2000 Community Campaign off/c/ally begins on October 1, I999; and, the ~oard of coun~.C. omm.~.s!~rs gratefully oct~owledge and support the fl~?~ibt~t ,~,~.t.~ay of Collier County and its Commissioners of I - 7, 1999 be DONE AND PAMELA 5. MAC'K~TE, CHA-rR~ PROCLAMATION WHEREAS, in June of 1998, the Collier County Board of County Commissioners opened Sugden Community Park to offer recreational facilities and pro,rams for residents and visitors to Collier County; and, WHEREAS, the park is 120 acres in size and has a 60 acre lake with a beach, playground, amphitheater, and rest room facilities; and, WHEREAS, in July, 1999, Collier County Board of County Commissioners and Department o! Parks and Recreation received an Award o! Honorable Mention )'or landscape design for Sugden Regional Park; and, WHEREAS, WHEREAS, this award from the Florida Chapter of The American Society Landscape Architects recognizes the Park's landscaping as one the best for projects from the entire State of Florida; and, the Sugden project was a collaborative design effort by Karen BishoplPMS, Start Chrzanowski/Planning Department, Joe DelatelProject Manager, George Fogg/IBIS, Dayna Fendrick and Dan Novakovich/Wilson Miller and Collier County Porks and Recreation; ond~ WHEREAS, residents and visitors to Collier County are encouraged to visit Sugden Community Park to see and enjoy this award winnin9 park facility. NOW THEREFORE, be it proclaimed by the Board of County Commissioners o! Collier County, Florida, that Sugden Community Park is recognized by ~he Board of County Commissioners and the Florida Chapter of The American Society of Landscape Architects for the quality o! its landscape and site design. DONE AND ORDERED THIS 28th Day of September, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ , ~PAMELA S. MAC'KIE, CHAIRW(~NLikN WHEREAS, WHEREAS, WHEREAS, WHEREAS, 5A3 severe mental illnesses such as schizophrenia, bipolar disorder (manic depressive illness), major depression, obsessive compulsive disorder, and severe anxiety disorders affect one in every five families annually; and, severe mental illnesses are more common than cancer, diabetes, and heart disease and are the number one reason for hospital admissions nationwide, and that on any given day, 21 percent of ail hospital beds are filled by people with severe mental illness; and, severe mental illnesses have been scientifically proven to be highly treatable biomedical disorders of the brain; and, the treatment success rate for schizophrenia is 60percent, 65percent for major depression, and 80 percent for bipolar disorder compared to only 50 percent for chronic physical disorders such as heart disease, diabetes or cancer; and, scientific research is understanding that allow WHEREAS, brain Ighs in the ~ in more effective treatments ~,lives; and, and discrimination severe mental suffering NO~ ers of Collier DONE AND ORDERED lo promote greater symptoms BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ) the goal of 4-H is to provide educational opportunities for the youth and adult voluntee~ in Collier County in the areas of leadenhip, citizenship, personal development, and £ractical skills; and, WHEREAS, these activities have resulted in learning experiences and accomplishments that have received State and National recognition; and, the Board of County Commissioners of Collier County feels this 4-H program contributes to the everall development of our youth and strengthens our communities; and, WHEREAS, the 4-H member~ receive inspiration and guidance from interested parents, Cooperative Extension Service workers and Staff volunteer adult and teen leaders, and s~ ity organizations and businesses; and, WHEREAS, 4-H agencies to t proclaim~by the Board ofCoum'y ~o~im'oners of Collier · ' ' ~ / 5(' o£ Oiii:obi'r 3-9, 1999)? &n,gnated as in giving of Colli~ Coun DONE AND ORDERED BOARD OF CO UN'I~ COMMISSIONERS COLLIER COUNTY, FLORIDAr ? ELAS.~MAN 5A5 WHEREAS, the Friends of the Florida Panther Refuge was formed in 1997; and, the mission of The Friends of the Florida Panther Refuge is to promote a better understanding and appreciation of the Impact which South Florida has on the Florida Panther; and, this year's Florida Panther Poster contest will not only Involve the beauty of art and creativity of our Collier County students; and, the message of "Why do we save Endangered Species such as the Florida Panther?"; and, WHEREAS, DONE AND saving the Florida Panther or.any other Endangered Species means saving habitat that is essential for the protection of many other species that live within the protection.z Cou~ DWIG? E. BROCK, CLERK FK~M : Teo Zacc~-,~n~ 1999 02: 14~M P2 CURRENT ZONING: ~¢R.'~o ~7'~A~ ._______ CVRaENT USE: $~_~P &Lu ¢5 ~E ~L~WING INFO~TION 18 INCL~ED IN ~IS P~ZTION. (FOR ~A- TION, SEE R~E SIDE.) 3.a, 3, m, 1).______. 3.e.¢) 3,e.7) 3. b. __._____. 3,e.2) 3,e.5) 3.e,8) 3. c,_______ 3, a. 3)_____.._ 3.e,~) 3, n, 9 ).__...__._. 3. d. _.__.__ comments: DATE REVIEWED by Board of C~unty Comminsioners:~ Approved:~ Disapprovmd~, --_---_ Condi=ions of Approv&l~~ SIGNATURE OP COUNTY MANAGER Property Information Report CDPR1002 - Property Information Report FOLIO NBR PARENT PARCEL PHYSICAL STREET LOCATION 0000000237960007 0000000000000000 7035 AIRPORT RD N, NAPLES AREA NORTH BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 040 .000 25 49 02 492502 040.0004A0 USE CODE CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 77 0 !33 5.00 0 SHORT LEGAL 2 49 25 COMM SE CNR, N 1708.10FT, W100.07FT, N330 FT TO POB, W660FT, N330FT, E660FT, S330FT TO POB 5 AC OR XTRA LGL CNT OWNER NAME NAPLES ITALIAN OWNER ADDRESS AMERICAN CLUB iNC 7035 AIRPORT PULLING RD N NAPLES, FL 341091709 PREVIOUS OWNER FULL LEGAL DESCRIPTION 2 49 25 COMM SE CNR, N 1708.10FT, W100.07FT, N330 FT TO POB, W660FT, N330FT, E660FT, S330FT TO POB 5 AC OR 519 PG 983 Collier County Printed on 09/07/1999 2:56:31PM CD-Plus for Windows 95/98/NT Page 1 of 1 Pertrot No. PERMI'T FOP. CAR~AL EXHI~mON STATE OF FLOK[DA: COUNTY OF COLLIER: 9~3TEKEAS, Naples I~lian American Club. I~s made application to the Boar~ of Coun~ Co~ionets of CoBi~ Count, FIo~, fo~ a ~t to conduct a ca~v~l or e~i~on~ ~d ~S, Napl~ l~li~ ~c~ Club, ~ pr~d ~o ~e ~d sufficient evidence ~ ~11 criteria for ~ ~e of a ~ ~ c~c~ a c~val or e~i~on ~ ~ fo~ m ~ptcr I0, Aretie H, ~n~ ~d En~n~, of ~c Col~er Co~ C~e Mve ~ ~fied and ~ such carnival or ~ib10ou will ~E~S, Na91~ 1~1~ ~c~ Club. ~ r~es~d a waiv~ o(~e S~ Bond; NOW, ~E~FO~, ~IS PE~ IS HE~BY G~D TO N~plcs l~li~ Amc~c~ Club, conduel a c~ival or e~i6ou ~om Novemir l. 19~ ~ouih Novcm~ ~, 1999. in accordance wi~ ~nd condi~o~ se~ fo~ m ~ ~ggouc~'s a~lica0ou ~d ~11 related d~cu~. ~ched hcrelo ~d hereto for ~c follo~l ~ Commencm$ at ~ Sourest cort~"~ of S~6on 2. To--hip 49 ~u~ ~Be 25 ~K ~ No~ 1708.10 fee~ W~ 1~.07 fec~ No~ 330 fce~ ~ ~e Pom~ of Beg~g, ~cnce con~ue West ~ leek No~ 3~0 f~t E~ ~ fce~ Sou~ 330 feet Io Poml of Beg~g, consis~s of 5 a~s, ~ r~o~ m Official R~ord ~k 519, PaSe 983, OffscSi R~or~ of Collie~ Co~, flo~. 'Fne n:quesl for 'ansivet of Su~' Bond is hereby approved. WFFNF. SS my ~ ~ C'bau'man of said Board a~d Se,~l of said Co~.mty, ariesled by Ihe Clerk of Courts m ·nd for said Cou.~ry ~ ~ day 1999. ATTEST: DWIGHT E. BRC)CIQ Clerk BOARD OF COU'N'FY COM~{ISSIONERS: COLLLER COUN'FY. FLORIDA: PAMELA S. MAC'KIE, CHAIRWOMAN Aleroved u to Form L~gsl A~istagt County CERTIFICATE OF INSURANCE ~ ) ClZTI FLOAT! Io&olll C 99 - 6 Tittdmem.e, Pt 32309-1650 NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event Address of event Date(s) of event Sponsor of event Hours of operation Address of Sponsor Person in charge of food service Phone Number of food and beverage booths Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( l/) Permanent: Male ( ) Method of toilet waste disposal: Female Female ) Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: Describe facilities and method of hand washing: T'fi Describe facilities and method of utensil washing, rinsing and sanitizing: ~(~/~' W' fi '~-¥/fz:- I;'~, Source of potable water: For information and assistance contact: Environmental Health & Engineering Department SEP -7 1999 As the- sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes ~__ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations i~clude food intended for service to the public regardless of whether thare is a charge for the food. I agree to assume responsibility for thi~ event and certify that said business will be conducted in compliance with the FRo~da Administrative Code, Chapter 10D-13. -.~'/~?/~' ' ',..' ¢~--~ ~-----' Date: 8A1 MADE this 20th day of June, 1999 BETWEEN: AGREEMENT Italian American Club of Naples, Naples, Florida (hereinafter referred to as "Club") AND: Teo Zacchini & Sons, Sarasota, FL (hereinafter referred to as "Zucchini") NOW THIS INDENTURE WITNESSETH THAT in consideration of mutual covenants and agreements hereinafter set forth THE PARTIES HERETO AGREE AS FOLLOWS: 1. Zucchini agrees to furnish a minimum of 15 rides, space permitting, for the dates of November 4, 5, 6, and 7, 1999. 2. Zucchini agrees to furnish a Certificate of Insurance. 3. Zacchini agrees to furnish the electricity to operate the fides. 4. Zucchini agrees to furnish one food concession to be located on the ride midway. The concession called 'Cotton Candy Castle' will pay no privilege to the Club. The 'Cotton Candy Castle' will be allowed to sell drinks and have the exclusive to sell cotton candy, candy and caramel apples, popcorn, and sno-cones. 5. Zacehini agrees to furnish tickets and ticket boxes. Tickets will be priced at $.75 (seventy five cents) for single tickets; 20 tickets for $10.00; 40 tickets for $20.00. Rides will accept two to five tickets per ride. The Club will sell the tickets. 6. Zacchini agrees to pay the Club 25% (twenty-five percent) of the gross receipts from the sale of fide tickets. 7. Zacchini agrees to pay the Club $100.00 per game concession. 8. Zucchini agrees to furnish 100 posters which the Club will distribute in the area. 9. The Club agrees to furnish the midway lot for the fides to be set upon. 10.The Club agrees to assist Zucchini in obtaining any and all necessary permits required to setup and operate the rides. RECEIVED" SEP - 7 1o.,99 99 - 6- =I 8A1 IN WITNESS WHEREOF the said parties hereunto set their hands and/or corporate seals as attested by the hands of their proper signing officers in that behalf. ITALI~RICAN CLUB, NAPLES TEO ZACCHINI & SONS PER RECEIVED SEP - 7 1999 8A1 COLI.IER COUNTY SHEKIFF'S OFFICE L D T THIS AGREEMENT. enterId in,othis_.~dayof.~~, 1 _~ by and behvelnthe · f Collier County, Naples, Flonda, Collier Counly Sl',enff's Office. DON HUNTER, SHERIFF hereinafter referred to as "CCSO" and ~ ., Flonda, he,'e~naft ~r" ......to as "CONTRACTOR", both of whom shall be referred Io as the "PARTIES" WITNESSETH: WHEREAS, the CONTR~CTQR desires 1o oblain special Law EnforceJ'nenl Servic. z~ st: (identify event, if any). ~ / T"~~_.~ in Collier County. Florida. and; WHEREAS. the CCSO has agreed to render to lhe CONTRACTOR professional law enforcement service. and the CONTRACTOR is desirous of conlracting for such services upon the terms and conditions hereinafter set forth; and WHEREAS. the CONTRACTOR is desirous o¢ providing Law Enforcement Services through a contractuW reI~l~onship wffh CCSO: and WHEREAS 'he ShedIf hereby agrees to provide such security and law enforcemenl as provided hereto NOW, THEREFORE, in consideration of the sums hereina~er set forth and for olher good and valuable car-:.lderat:ons. the receipl and legal sufficiency of which are hereby acknowle~ged. ~t is hereby a~Jr~eC, as follows: 1 F:2r t.'-e purpose above, the Shedff shall provide to the Contractor ~ (# cc~ ...ertifled Deputies at the place caplioned above, between the hours of G; ~r'% and D~on ~. A ~c~'ed ,~, of specific assignments for Deputies assigned under this /~,JD~/-'7'- a~.;'e,?ment ~s attached hereto and marked "Exhibit A." ,.~ ~M - $ ?/v~ Such ~aw enforcemenl Deputies shall perform normal law enforcemenl duties '.o provide for the health and secudty of persons in the ~rnmediate area of Ihe above-captioned event or location(s). A[ a~) t,mes per[inenl to this contract, the law enforcement Deputies shall be ass,gned by and remain under the control of the Office of the Sheriff of Co~ier County, Don Hunter, Shenff. Ownership and maintenance o! eo,,,r,,-r-ent used in Special Details are the responsibility of the Collier County Shenff', s Office ar)d equipment assigned to a Deputy for use in the ~egul= ~performance of duties shall be used during this Special Detail. All eqwp ienl remains lhe responsibility of the assigned Deputy and remains with the Collier County Shedif's Off'm...e. T~'e Cc':',~c'.or $h. ail Pay as ~nd~caled under "F,na-:.a: A~.~r~ge.mer'.l$" tO Jbu O~,:e ol lhe ShenH ol Collier County the lCJui~ cosl tO lhe Agency of ~'m,m~=~ ~nclud,c.g all apphc~bJe Agency expenses Such aS FICA and wo~er s com~ensahon coverage commensurate w:',h the cu~e~l The es~ mated minimum total, based on now available inlormalion, ~s $_ $ 21.-.3o t:) .~!~...,~CLSc subicct to t'lnal accounting The estimated maximum total, b~sed on now available information, is $ _. subject tO f'mal accounhng If the contract requires vehicle patrol, the Agency shall be pa,d [.~ per patrol mile, per vehicle. The b.i:ance remaining. if any. shall be invoiced to the Conb'actor upon a final t,rae and mileage accounting being completed by Lhe Sheriffs Off~ce. and s,'-~ll be paid by the Contractor within five (5) days of receipt of the invomz-. Full Payment in Advance 50% Deposit Required i;'~Z NO Deposit Required/Total Due Upon BiI=ing The Conlracto~ hereby agrees ~o indemnify [he Sheriff' againsl any and all cla,ms ~ga~n~t thin Shedff o~ the OE~ of the Shed~ of ~oll~er County, ar S,ng Out Of the use of the camGad law enforcemenl ~put~es, from ~:ever sour~ or ~use. ~xcepting only the n~ghgence of the Shen~ or h,S Deputies. The ~:.a".,es agree thai the serwces provided for here,n are nol a g~.9~an'ee of the hea!th and safety of the patrons attending the above- ,',.~ :c -ed event. but rl is lhe provis,on of regular lay, e~forcemenl se~'ces ,:c, mmanly supplied by the Off~ce of the ShenU to the mhzens Of Coil:at C .::.~r~:f according to pohcies established by lhe Shenff rh(: ~.)~,es agree that in the event of an off-s;te emergency requ,nng the s,:~ces e!sew~,ere of [he law enforcement Deputies Drov,ded herein. thai tt'c, Sh,?r~ff may be required tO remove the gepu~ es Io meet any Such emergency, w~hout pena~y therefore. and such removal Shall not be .~eeme~ a brea~ of this Agreement 8 Law e~forc~ment Del~ut~es provided according to Ihe lem',S hereof shall ~e pa,o according to tha regular payroll procedures Of the Off~ce o! .c. he. nfi, and no funds shall be transferred from the C..onlractor l~ any taw e~'forcemenl I~put),, but such funds shall be paid d;tectly Io the Off'ice of 're Shenil' of Colher Counly. 8/! IN WITNESS WHEREOF. the PARTIES hereto e,:e:.:e (his ,nStrume.":: On t,".e,r beha,f. at the da'.es set for~ ~ ' .~.Ow, COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Sher'ff Of CoZr~er County' Dale Approved as to form and legal suff~¢~er~¢¥ subject to execution l:)y Ihe pAR'tIE?; C;ONTFL~CTOR -Si~K'ed Name ~ - ~, . ,.,... Date Typed Wame Stree'. Address Te'e S."one Number C~ty s,.,. 3 ? IT. JEFF COX EO Z. ACCHINI & SONS 1208 N, Orange Ave. Sarasota, FL 34236 Telephone (941) 953-3466 Fax (941) 955-6125 September 10,1999 Collier County 2800 N. Horseshoe Dr. Naples, FL 34104 Gentlemen: Regarding the ltalian American Club of Naples Carnival to be held in November, 1999, our company will be providing the amusement rides at the event. The owners of our company, with social security numbers are as follows: Teo L. Zacchini 267-04-6837 Leslie M. Zacchini 265-39-7654 If you need additional information, please contact me at (941) 953-3466. Thank you. Sincerely yours, ~ Leslie M. Zacchini LICENSE APPLICATION 2~00 H. FIorsrs!~e DHve, N.ples, lrL .341.04 .'"'~'~k~ Check ?ayabl+ re: Collier Coul~~ NDE. R ENALT .SOFI~£ URY, IDI:C~~-~RXADTI. f~FORGOI~VGDOC~RtEWT A,'qD Tl*t&T '1'14'*E r,~ g."*T~ STATED IN' Tf ARt TRU,E TO T]*I~ IE3T Olr MY ,KNOWZ,ZDGI. '"'"' TTCLS t.lCtHSl IS NO~-K~FITI~ABL~ lrOit IIU~I]'~.! STATT, D A~OW'~ "'"' :3 LIMITED USE LICENSE AGREEMENT LIMI'IED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ANt) NAPLES ITALIAN AMERICAN CLUB, INC,, A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED LAND FOR PARKING, This Limited Use License Agreement entered into this ~day of .~, 1999 by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3:301 East Tamtaint Trail, Naples, Florida 34112, hereinafter referred to as "County", and Naples Italian American Club, Inc., a non-profit Florida corporation, whose mailing address is 702,5 Airport Road North, Naples, Florida 3414.5, hereinafter,referred to as "Club". WHEREAS, the Club requests the use of County-owned land for the purpose of overflow parking for the Club's annual Carnival which is to be held on November 4, 5, 6, and 7, 1999. WHEREAS, the County is willing to approve the use of County.owned land for such purposes; NOW, THEREFORE, BASED UPON THE MUTAL PREMISES, HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The County hereby approves the use of County-owned prop:nS' identified as the vacant greased area to the east of the Animal Control facility located at 7077 Airport Road North, Naples, hereinafter referred to as "Property", for the purpose of parking cars for the Club's annual carnival. 2. The County approves the use of the Property by the Club for the following: On November 4 and 5, 1999, between the hours of 5:00 p.m. and 11:00 p.m.; on November 6, 1999, between the hours of 11:00 a.m. to 11:00 p.m.; and on November 7, 1999, between the hours of 11:00 a.m. to 9:00 p.m. 3. The Club shall monitor, conu'ol and assume responsibility for all activities, vendors, licensees, and invitees associated with the intentions of lhis Agreement, such responsibility not being limited to trash collection and clean-up of the Property. The County shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Club shall acquire any and all permits requir~:d by Collier County and any other governmental entity to conduct such an event and'related activities on the Property. The Club shall post a Four Hundred and No/100 Dollar ($400.00) cash bond wilh the Real Property Management Department by October 18, 1999, to insure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond is not intended to replace the Club's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to Club if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property, the Club will provide to County, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Club covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of lh¢ United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as atlached to lhe freehold and to have become the properr)' of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if County so direels, the Club shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed on, or upon the Property by the Club, and repair any damage caused to the Property by such removal. 6. The Club shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3301 East Tamtaint Trail, Adminisn'ation Building, Naples, Florida, 34t 12, for approval prior to October 18, 1999; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the County by and tkrough the Collier County Real Property Management Department. -'. .- 8 1, 8. The Club agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida, and their agents and employees, £rom any claims, assetlion or cause of action for any loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. The Club further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses or fees, including attorneys' fees, arising from any claims or cause of action for loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. 9. The Club covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons to o~cupy same without the written consent of County. 10. The County reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon fifteen (1.5) days notice to the Club of County's intent to reschedule and/or cancel. I1. The County and Club specifically agree that this Agreement represents a license for the Club's use of the PropenS, and does not convey any estate in the Property or create any interest whatsoever. 12. The Club represents and warrants to the County that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 13. The Club shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event. 14. The sale of alcoholic beverages shall be prohibited on the Property during this event. [$. This Agreement shall become effective upon execution by both the County and the Club. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE CLUB: ~nt name) - W~mess (si~amre) , ~dnt name) NAPLES ITALAN AMERCIAN CLUB, INC. Edith Coleman, President ,D.WI~HT E, BROCK, . : ....'..!~.' ~.. $t~ature ~1~' BY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PAMELA S, MAC'KIE~ Approved a~ to form Assistant County A~omey PERMIT FOR CARNIVAL EXHIBITION 8A1 Permit No. CP-99-6 STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Naples Italian American Club, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Naples Italian American Club, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article [1, Amusements and Enterlainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, Naples Italian American Club, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Naples Italian American Club, to conduct a carnival or exhibition from November 4, 1999 through November 7. 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, auached hereto and incorporated herein for the following described property: Commencing at the Southeast comer of Section 2, Township 49 South, Range 25 East, run North 1708.10 feet, West 100.07 feet, North 330 feet, to the Point of Beginning, thence continue West 660 feet, North 330 feel, East 660 feet, South 330 feet to Point of Beginning, consisting of 5 acres, as recorded in Ofticial Record Book 519, Page 983, OIT~cial Records of Collier County, Florida. The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County. attested by the Clerk of Courts in and for said County this ~.~"I~. dayof ATTEST: ,.,."<~ DWIGHT E. BROCK. Clerk .... 5, ~egal Su~elency: M~o6e :M. Student Assistant Counw A.omey g/ad miWC M/in~C ?- 99-03 .1999. BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: / PAMELA S. MAC'KIE. CHAIRWO~AI~' ' PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.....60111 PARCEl. NO...., 102 FOLIO NO....00256560006 FEE SIMPLE TITLE LEGAL DESCRIPTION A portion of land located in the Northwest Quarter &Section 13, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described as follows: BEGIN at the Northeast Comer of the plat thereof, Carillon, as recorded in Plat Book 21, Pages 59 through 61, of the Public Records of Collier County, Florida, said POINT OF BEGINNING also being on the South right of way line &Pine Ridge Road (C.R. 896); thence along said South right ofway line S89° 52' 59" E 80.16 feet to the Eaat line of the Northwest Quarter of the Northwest Quarter of said Section 13; thence along said East line SO0° 58' 52" E 35.01 feet to a point lying 1 I0 feet South, as measured perpendicular to, the North line of said Section 13; thence along said line lying 110 feet South, N89° 52' 59"W 80.14 feet to the East line of aforesaid plat of Carillon; thence along said East line ofCafillon N 01° 00' 37" W 35.01 feet to the POINT OF BEGINNING. Containing 2805 square feet 2:.. Subject to Easements, Restrictions and Reservations of Records. PARCEL 102 bob\pag\lgld.045 ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341128D (94.1) 774-8192 SKETCH OF DESCRIPTION PINE RIDGE ROAD /--CARILLON / PLAT BOOK 21 PAGES 59-61 (CR-896) /---P,D.B, / S.89'52'59"E. _ / 80.~6' N.89'52'59"W. I% PLAT BOOK 21 80.14' ~ .% PAOES 62-67 IX E^sT ,,NE OF ~1 I~ OF THE NORTHWEST QUARTER 0 GENERAL NBTES l) P,D.C, indicates Point oF Commencement B) P'E]'B. Indicates Point oF Beginning !: EXHIBIT 3) Sec. indicates Section . 4) Twp. ~r~dicate$ Township 5) Rge, indicates Range ~c~..~ 6) R/W indicates Right-oF-way 7) Art distances ar,e in Fee~ and declmats thereof 8) Bearin9s ar,e based on the North Line oF Section 13 as bein9 S.89'SP'59'E. 9) Not vaUd untess si9ned and sea(ed with the embossed seat oF ~he pr-oFessionot rand surveyor` THIS IS ONLY A SKETCH ICHECKED BY: Isc~T TO I°^~: InL£ SCALE I 08-07-97 102 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT (941) 774-8192 1 LEGAL DESCRIPTION (NOT A SURVEY) I'ltA )JI!C?T NO..601 p,xl~c~!l. ,No... FOI.10 NO... TEMPORARY DRIVEWAY RESTORATION EASE*lENT COMMENCING AT THE NORTHEAST CORNER OF THE PLAT THEREOF ' CARILLON".AS RECORDED IN PLAT BGOK 21. PAGES 59-61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE SOUTH I DEGREE 00 MINUTES 37 SECONDS EAST ALONG THE EAST LINE OF SAID PLAT A DISTANCE OF 35.01 FEET TO THE POINT OF BEGINNING; THENCE soLrrH 89 DEGREES 52 MINUTES ~S9 SECONDS EAST, A DISTANCE OF 80.14 FEET; THENCE SOUTII 0 DEGREES 58 MINUTES 52 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89 DEGREES 52 M1NLrTEs 59 SECONDS WEST, A DISTANCE OF 80.13 FEET TO THE EAST LINE OF AFORESAID PLAT; THENCE NORTH I DEGREE 00 MINUTES 37 SECONDS WEST, A DISTANCE OF ~ 5.00 FEET TO THE POINT OF BEGINNING; SAiD DESCRIBED TRACT CONTAINING 0.028 ACRE (1,202 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID PLAT OF 'CARILLON' BEING SOUTH 01 DEGREES 00 MINUTES 37 SECONDS EAST. TRACT 702 EXHIBIT '.... f GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,1112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54~t (941) 774-8192 SKETCH OF DESCRIPTION PINE RIDGE ROAD (CR-896) .'~N. 89'52'59"W. 80.14'~,-. 15.00' /~CAR,LLON/ "~k Parcel 702 -~1% N.89'52'59"W. t uJ PLAT BOOK 2t ,oI ~ 80.15' :04 PAGES gl GENERAL NOTES I) P.O.C. indicates Point oF Commencement 2) P.D.B. indicates Point oF Beginning [ FXHIBiT .... 3) Sec. indicates Section i0r 4) Twp. Indicates Township 6) R/V/ Indicates Right-oF-way 7) Art distances are in Feet and decimals thereof 8) Bearings are based on the North Line oF Section 13 as bein9 S.89'52'59'E. 9) Not valid unless signed and seated with the embossed seat oF the proFessionaL Land surveyor THIS IS ONLY A SKETCH CHECKED BY: NOT TFI SCALE 02-1P-97 702 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAIVIIAM, TRAIl. NAPLES. FI.ORIDA 34 l~ [~ (941) 774-8102 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO,.6011 I PARCEL NO... IO3 FOI,IO NO,.. OO 2 PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE. UTILITY & MAINT. EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF TIlE SOUTItWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TItENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTERLINE OF PINE RIDGE ROAD (C.R.896}, A DISTANCE OF 866.32 FEET; THENCE NORTH O0 DEGREES 19 MINUTES 07 SECONDS EAST, A DISTANCE OF 75.00 FEET TO 'DIE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD, A DISTANCE OF 519.66 FEET; 'DtENCE NORTIt 0 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF I0.00 FEET; THENCE SOUTIt 89 DEGREES 32 MINUTES 47 SECONDS EAST. A DISTANCE OF 519.63 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 07 SECONDS WEST, A DISTANCE OF 10.00 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. I 19 ACRE (5,196 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 BEING 89°32'47" W. PARCEL 103A Er---~B I T ] ~GEORGE R. RICHMOND P~OFESSlONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 Io~ A PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411~ [~ (941) 774-8192 1 SKETCH OF DESCRIPTION NOT A SURVEY N 89'33'30"W §16.g4' PARCEL 103A lO' 519.66' ~ N 89'32'47"W PINE RIDGE , ,,.0',~. ROAD GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. == SECTION 4) 3'~NP, = TOWNSHIP 5) RGE. = RANGE 6) RdW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE DATE JANUARY 15, 1999 FiLE SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIl. NAI'LES, FLORIDA 34[ 12 (',4l) 774-81',2 8~ 1 LEGAL DESCRIPTION (NOT A SURVEY) PROJI!CT NO..6011 I PARCEL NO... IO9 ~, FOLIO NO... PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE. UTILITY & MAINT. EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTERLINE OF PINE RIDGE ROAD (C.R.896). A DISTANCE OF 346.55 FEET; TUENCE NORTH 00 DEGREES I I MINUTES 20 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG TIlE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD, A DISTANCE OF 519.66 FEET; TIIENCE NORTH 0 DEGREES 19 MINUTES 07 SECONDS EAST. A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST. A DISTANCE OF 519.63 FEET; THENCE SOUTH 0 DEGREES I I MINUTES 20 SECONDS WEST. A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 119 ACRE (5.196 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTIt LINE OF SAID SECTION 12 BEING 89%2'47" W. PARCEL 103B EXHIBIT Page &, of ....... :: .................... ?~J;3EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 P~ r~ SKETCH OF DESCRIPTION NOT A SURVEY N B9° 33'30"W 516.84' PARCEL 103B S 89'~Z4?'E ~ N 8g'32'47'VV PINE RIDGE .....- ,o, ,.,¢07 / COULTER COUN ~Y. I0' GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. ~ TOWNSHIP 51 RGE, = RANGE 61 R/W = RIGHT OF WAY ?) ALL DISTANCES ARE IN FEET AND DECIMALS THEf~EOF B) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR EXHIBIT Page.,,,ok of [~AWN BY CHECKEO I]Y I$CALE NOT TO SCALE JANUARY 15, 1999 PR103A 1 SHEET 2 OF 2 3.301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 8 r'] PROJECT NO.__ ~0//I PROJECT PARCEL NO. 70~ A TAX PARCEL NO00255360003 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway restoration easement LEGAL DES(~RIPTION A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County, Florida, and being more particularly described as Follows; The West Sixty Feet of the North 30 feel ofthe South 115 feet of the South HaIVofthe West Half ofthe East Half of the Southwest Quarter of Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1800 square Feet more or less. Parcel 703A N~b'~ agq Fid',031 BY: EX HIBi'~' ] GEORGE R. RICHMOND ' PROFESSIONAL LANO SURVEYOR ~2406 omcE or CAP,TAL PROJECTS COLLIER COUN~' GOVERNMENT COMPLEX 5501 E TAMIAMI TRAIL NAPLES, FLORIDA 54112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8 i 92 ~ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEL NO ...... 703B .A 00255320001 FOLIO No .............................. temporary driveway restoration easement THE NORTH TEN (103 FEET OF THE SOUTH 85 FEET OF THE WEST 90 FEET OF THE EAST 866.21 FEET, OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 900 SQUARE FEET OR 0.02! ACRES MORE OR LESS, fGEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINF. ERING DEPARTMENT 3301 EAST TANIIAMI '['RAIL NAI'I.F.S, FLORIDA 34112 (941)77,1-8192 ! LEGAL DESCRIPTION (NOT A SURVEY) I'R( )Jlit,'T Ntl..¢,Ol I'ARt?I!I. NO... FOI.[O NO.. TEMPOR.-~J:~Y DRiVEWAY RESTOI:L-~TION EASEMENT LEGAL DESCRII'TION A PARCEL OF LAND LYING IN SECTION 12, TOWNSIlIP 49 SOUTII, RANGE 25 I~AS'I'. COi. LIER COUNTY, FLORIDA, AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: TIlE EAST 50 FEET OF TIlE NORTII 35 FEET OF TIlE SOUTIt 120 FEET OF TIlE EAST IIALF OF THE EAST ttALF OF TIlE SOUTIIEAST QUARTER OF TIlE SOUTIIWEST QUARTER OF SAID SECTIONI2; CONTAINING 1750 SQUARE FEET MORE OR LESS. TOGETltER \VITll TIlE WEST 50 FEET OF TIlE NORTll 35 FEET OF TIlE SOU'l'11 120 FEE'r OF TIlE WEST IIALF OF TIlE WEST HALl: OF THE SOUTtlWES'F QUAICI'ER OF TI IE SOUTIIEAST QUARTER OF SAID SECTIONI2. CONTAINING 1750 SQUARE FEET MORE OP, LESS, PARCEL 704 EXHIBIT Pa~e \~ of~__~ PREPARED BY..~..3.;. .. .:7 ...... OAT E.'~.'/./.~.Z;.. · "GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES,.FLORIDA 3411~ D 1 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..601 II PARCEL NO... 104- FOLIO NO... oo :2 5 .q, 12 ot'x")7 A PORT}ON OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS; THE NORTH 10 FEET OF THE SOUTH 85 FEET OF THE EAST HALF OF TIlE EAST tlALF OF THE SOUTIIEAST QUARTER OF TIlE SOUTHWEST QUARTER; TOGETHER WIT}I, THE NORTH 10 FEET OF TItE SOUTH 85 FEET OF TIlE WEST HALF OF THE WEST ttALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SAID SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST. CONTAININC} 4667 SQUARE FEET MORE OR LESS. EXHIBIT_~ Parcel No. 104 boldpal,/lgld 071 '~EORG!: R. RICHMOND PROFESSIONAL LAND SURVEYOR.FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PARCEL NO ...................... 105 FOLIO NO ...... F'~E ' ~ ' ~' ,~.,, E TITLE S 89°52'20" E 1039.20' PARCEL 105 N 89'52'20" W PINE RIDGE ROAD C.R.886 1039.25' P.O.B. SOUTH LINE SEC.12,TWP. 49S, RGE 25E. P.O.C. SE COR. E1/2. SW1/4.SE1/4 LEGAL DESCRIPTION PARCEL 105 COMMENCE AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE OF THE SOUTH EAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE N 00'26'05" W 75.00 FEET TO THE POINT OF BEGINNING; THENCE N 89'52'20" W ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 886) 1039.25 FEET; THENCE N00"17'01" W 20.00 FEET; THENCE S 89'52'20" E 1039.20', THENCE S 00"26'05" E 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20783 SQUARE FEET OR 0.477 ACRES MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD BEING N 89°52'20" W. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. = SECTION 4} TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/VV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR SC^LE D^;EUGUST NOT TO SCALE 20, 1999 PROFESSIONAL ~ND SURVEYOR.FL, REG. ~ 2400 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI NAPLES, FLORIDA 34112 PR105RV SHEET 1 OF I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAll. NAPI.ES, FI.ORIDA 34~ D (941 ) 774-8192 1 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..601 I 1 PARCEl. SO... FOLIO NO,., FEE 5;'.[PLE TITLE THE NORTH TEN (10') FEEl' OF 'DIE SOUTH 85 FEET OF TIlE WEST 100 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS. PARCEL 106 file prr706 ~./GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAIMIAMI TRAIl. NAPI.ES, FI.OR1DA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..601 PARCEL NO... FOLIO NO... TEMPORARY DRIVEWAY RESTOR~XT1ON E ASEMEN-I' THE NORTH TEN (10') FEET OF THE SOUTH 95 FEET OF THE WEST I00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12. TOWNSItlP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS, PARCEL 706 file prr706 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAll. NAPLES, FLORIDA 34112 (941} 774-8192 8__~ 1 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL NO... FOLIO NO... ~,'~o,~ FeE SIMPLE TITLE LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County. Florida, and being more particularly described as follows; The South Ten (10') feet of that parcel - as shown on the plat thereof. Naples Progressive Gymnastics Camp, as recorded in Plat Book 24, Page 84 of the Public Records of Collier County, Florida. Containing 3890 square feet more or less. Parcel 108 bob\pag\lgld. 029 EXHIBIT PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMF'.LEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRA1L NAPI.ES. FI.OR1DA 34112 (941) 774-8192 8__n LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..601 I I PARCEL NO,.. FOLIO NO,,. ! TEMPORARY DRIVEWAY RESTORATION EASEMENT PARCEL 7O8 THE NORTH TEN (10') FEET OF THE SOUTH 'I~VENTY {20') FEET OF THE EAST SIXTY (60') OF THE WEST 129 FEET OF TItAT PARCEL AS SIIOWN ON TIlE Pt. AT THEREOF,NAPLES PROGRESSIVE GYMNASTICS CAMP, AS RECORDED IN PLAT BOOK 24 PAGE, OF THE PUBLIC RECORDS OF COLL1ER COUNTY, FLOR1DA. CONTAINING 600 SQUARE FEET MORE OR LESS. PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ...... ...~..,,0. (.!..( .................... PROJECT PARCEL NO.,.,I...0...~ ............. TAX PARCEL FEE S;MPLE TITLE LEGAL DESCRIPTION A parcel of land lying in Section 1:2, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; Commence at the South Quarter Comer of said Section 12, also lying on the centerline of Pine Ridge Road (C.R. 896) thence along said centerline S 89° 32' 07" E 1485.93 feet; thence N 00° 05' 53" W 75.00 feet to the north fight-of-way line of said Pine Ridge Road; thence along said north fight-of-way line S 89° 32' 07" E 388.00 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence N 09° 36' 52" E 10.13 feet; thence along a line lying Ten (10') feet north, as measured perpendicular to, said north right-of-way line S 89° 32' 07" E 385.86 feet, thence S 00° 17' 55" E 10.00 feet to said north fight-of-way line; thence N 89° 32' 07" W 387.60 feet to the POINT OF BEGINNING. Containing 3867 square feet morc or less. Parcel 109 Sheet I of 2 bob\pag~lgld.031 LEXHIBIT _ /' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI ~'RAII. "h'qhFS' ~lC~RIDA :"'1112 8B (!).; 1) /,'.i SKETCH OF DESCRIPTION 139.01'---x H.00'l 1'54"W. ~ 103.~0'~ S.89'32'39"E% I 388.00' 1485.93' ,~, ]%-x(CR-896) PINE RIDGE ROAD (150' R/W) ~-- N.00'05'53"W. P,0,C. 75.00' South Quorter Corner Sec. 12. Twp. 49 S.. Range 25 E. I',\RCtl lot) 385.86' ..---x, S.89'32'07"E. ~ I/__387.60, /-10.13' ~ /1v N.sg'32'O7"W. .. / I~.~- 10.00' '""--10' £ASEMEN~ S. 89'32"~)7"E. GENERAL NOTES 1) P.O.C, Indicates Point o? Commencement P) P,0,B, indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp. Indicates Township 5) Rge, Indicates Range G) R/~/ Indlc~tes Rlght-oF-w(~y 7) A[[ distances (~'e In Feet and decimals thereof 8) Basis oF Bearings Is the centerline oF Pine Ridge Road being S.89'3P'O7'E, 9) No~ v(zUd un(ess signed and sealed with the embossed seat oF ~he proFesslona( (and surveyor THIS IS ONLY A SKETCH NOT TO 11-18-98 109 L.M.R. SCALE EXHIBIT SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 8 B 1 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .......... ,,~....,O...!./...! ................ PROJECT PARCEL NO....!..!.,,.~. .............. TAX PARCEL FEE SIMPLE TITLE COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOLFI'H. RANGE 25 EAST COLLIER COUNTY, FLORIDA. SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND PINE RIDGE ROAD (C.R. 886); THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG ALINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO,SAID EAST LINE OF SECTION 12, A DISTANCE OF 1245.71 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 18 SECONDS WEST. A DISTANCE OF 18'7.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RAD[US OF 5806.33 FEET, A CENTRAL ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS, AND A CHORD OF 207.07 FEET BEARING SOUTH 9 DEGREES 22 MINLYTES 52 SECONDS EAST; THENCE SOU'I~I ALONG SAID CURVE, A DISTANCE OF 20'7.09 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 5686.33 FEET, A CENTRAL ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS, AND A CHORD OF 608.36 FEET BEAPJNG SOUTH ? DEGREES 20 MINUTES I I SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A D1STANCE OF 608.66 FEET; TH'ENCE SOUTH 0 DEGI:~ES 1'7 MINUTES 03 SECONDS EAST, A DISTANCE OF 413.86 FEET; THENCE SOUTH 45 DEGREES 06 MINUTES 14 SECONDS ~,VEST, A DISTANCE OF 21.06 FEET, THENCE SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST, A DISTANCE OF 385.04 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 03 SECONDS EAST A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT OF WAY LINE OF AFORESAID PINE RIDGE ROAD; THENCE SOLrl'}I 89 DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONtrAINING 3.253 ACRES (141,691) SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 12 BEING NORTH O0 DEGREES 1'7 MINUTES 03 SECONDS WEST. PARCEL 1 l0 PREPAREOB A .. T /o ~' /'GEORGE R, RICHMOND PROFESSIONAL LAND SURVEYOR-FL, REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 IiO PUBLIC }FORKS ENGINEERING DEPARTMENT 33o~ EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 1 SI<ETCH OF DESCRIPTION Curve number ! Radius = 5686.33' A = 06'07'58' Arc = 608.66' Chord = 608,36' Chord 3rs. S,07°P0'I['E, Curve number 2. Radius = 5806.33' A = 02'0P'37' Arc = 207.09' Chord = 2_07.07' Chord ]3rg. S,09'22'52'E, S.89'32'18"E. 480.05' CURVE N0, 1 PARCEL 110~ S.45'06'14"W.-~1: 5.o,r y S.89'31'15"E. 480.05' -- - Pl'~-'~ P,,FDGEki~A--~- - - ,'~ CR-896 (150' R/W) GENERAL NOTES 1) P,0.C, Indicates Point oF Commencement 2) P,0.]3. Indicates Point oF ]3eglnnln9 3) Sec. Indicates Section 4) Twp, Indicates Township 5) Roe. Indicates Range 6) R/W Indicates Right-oF-way 7) All distances are In Feet and decimals thereof 8) ]3earlngs are based on the East line oF said Section [2 as being N,OO'17'O3'W, 9) Not valid unless signed and seated with the embossed seal oF the professional land surveyor THIS IS ONLY A SKETCH / oco z cID --30' - P.O.B. ~-- 75.00' ~- P.O.C I E XH4BIT L,M.R. [1-30-98 11o SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 ~~ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEl. NO ........111 FOLIO NO..00287480003 FEE SIMPLE TITLE COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNS}lIP 49 SOUTII. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 896) AND LIVINGSTON ROAD; THENCE SOUIH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 75.00 FEET;TO TtIE POINT OF BEGINNING TItENCE NORTII 89 DEGREES 35 MINUTES 12 SECONDS EAST ALONG TIlE SOUTtl RIGlIT OF WAY LINE OF SAID PINE RIDGE ROAD, A DISTANCE OF 642.58 FEET THENCE SOUTH O0 DEGREES 18 MINUTES 54 SECONDS EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES 12 SECONDS WEST A DISTANCE OF 577.53 FEET; THENCE SOUTH 44 DEGREES 36 MINUTES 06 SECONDS WEST, A DISTANCE OF 21.35 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 50 FEET EAST, AS MEASURED PERPENDICULAR TO, TIIE WEST LINE OF SAID SECTION 18, A DISTANCE OF 775.00 FEET; TIIENCE SOUTIt 89 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTIt 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO. SAID WEST LINE OF SECTION 18, A DISTANCE OF 445.27 FEET; THENCE SOUTII 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET TO TIlE WEST LINE OF SAID SECTION 18, TItENCE NORTH 00 DEGREES 15 MINUTES 53 SECONDS WEST, A DISTANCE OF 1245,27 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 1.364 ACRE (59,399) SQUARE FEET), MORE OR ' LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 18 BEING SOUTH 00 DEGREES 15 MINUTES 53 SECONDS EAST. PARCEL 111 EXHIBIT ...... ' .~,. ;2x~yr..... Z4.., i ........... : ....... : ............ D AT E. YZ. :,',./..'.','.. /'GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 33()1 EAST '15\~11AMI TRAIl. NAI'I.ICS. FI.ORII)A 3.1112 (',.ll)77.I-SI,,2 8 B'''I $KIZTCI'I O1: DIS$CI~.Ii}TION NOT A SURVEY N ~)9"39'19"~ 643 67' 30.00' PARCEL 81 1 30.00' s 89°44'27"w t.lJ N ~ GOLF DRIVING ~ RANGE PARCEL 111 ,/ S 89'35'12"W ~77.53' N 89'35'12"E 642.58' PINE RIDGE ROAD (C.R, 886) p.o.c. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2} P.O.8. = POINT OF I~EGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJVV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE EXISTING 30 FOOT UTILITY EASEMENT P.O.B. PARCEL 811 P.O.B. PARC EL 111 EXHIBIT Page P-'~ of ._..~..~ SEPTEMBER 27, 1999 PR111 SHEET 2 OF 2 PLIBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM1 TRAIl. NAPI.liS, FI.ORIDA 341 12 (041,774-81',2 8~ LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..6011 I PARCEl. NO ........81 I FOLIO NO..00287480003 COMMENCING AT TIlE NORTIIWEST CORNER OF SECTION 18, TOWNSflIP 49 SOUTll, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMENT ALSO BEING TIlE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD; TIIENCE SOUTII 0 DEGREES 15 MINUTES 53 SECONDS EAST, A DISTANCE OF 75.00 FEET; TItENCE NORTII 89 DEGREES 35 MINUTES 12 SECONDS EAST, A DISTANCE OF 30.00 FEET; TtlENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO, TIlE WEST LINE OF SAID SECTION 18, A DISTANCE OF 800.00 FEET TO TIlE POINT OF BEGINNING; TIIENCE NORTII 89 DEGREES 44 MINUTES 27 SECONDS EAST, A DISTANCE OF 30.00 FEET; TtlENCE SOUTII 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 60 FEET EAST, AS MEASURED PERPENDICUI.AR TO. SAID WEST 1.1NF. OF SECTION18, A DISTANCE OF 445.27 FEET; TIIENCE SOUTII 89 DEGREES 39 MINUTES IO SECONDS WEST, A DISTANCE OF 30.00 FEET: TIIENCE NORTII 0 DEGREES 15 MINUTES 53 SECONDS WEST ALONG AFORESAID I.INE I.YING 30 FEET I.'.AST OF SECTION 18, A DISTANCE OF 445.27 FEET TO T11E POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.307 ACRE (13,358 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS SAID WEST LINE OF SECTION 18 BEING SOUTH 00 DEGREES I5 MINUTES 53 SECONDS EAST. PARCEL 811 EXHIBIT Page of PREPARED BY,..;.,~.._.-~,,; ............ ?,5..'.?..:.c,.-:..~. ....... DAIE...~_..?/5..~ ~/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIl. NAPI.F.S, FI.ORIDA 34112 (')-11 ) 77-1-R 192 1 SKETCH OF DESCRIPTION NOT A SURVEY N 89°39'19"E 643.67' 30.00' ' PARCEL 811 30.00' s 89°44'27"w 20.00' GOLF DRIVING RANGE PARCEL 111 S 89'35'12"W ,577,53' N 89°35'12"E 642.58' PINE RIDGE ROAD (C.R. 886) P.O,C. EXISTING 30 FOOT UTILITY EASEMENT P,O.B. PARCEL 811 P.O.B. PARCEL 111 GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGtNNING 3) SEC. = SECTION 4) 'rwP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR OAl E NOT TO SCALE SEPTEMBER 27, 1999 EXHIBIT_ Page '2.,,~ of. PR111 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111 PARCEL NO .....................112 FEE SIMPLE TITLE FOLIO NO.~..~..~....C~...~-.~.. LIVINGSTON WOODS LANE S 89°40'50"E 30823' TRACT 1 PARCEL 112 N S9' 37'40%'V 279.86' PINE RIDGE ROAD (C.R. 886) N 89'3~40"W 3100v LEGAL DESCRIPTION THE EAST 15 FEET OF THE OF THE WEST 45 FEET LESS THE SOUTH 75 FEET AND LESS THE NORTH 30 FEET TOOETHER WITH THE NORTH ~0 FEET OF THE SOUTH 85 FEET LESS THE WEST 30 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO, 35, AS RECORDED IN PLAT BOOK ?. PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 10,517 SQUARE FEET OR ,241 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR EXHIBIT ~' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE NOVEMBER 23, 1998 PR112 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAM1AM1 TRAll. NAPI.ES, FI.ORIDA 34112 (041) 774-RI02 LEGAL DESCRIPTION (NOT A SURVEY) PRnI~CT FOI.10 NO... TEMPORARY DR ~'EWAY RESTORATION EASEMENT COMMENCING AT TIlE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLL1ER COUNTY, FLORIDA. SA1D POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD {C.R. 881); THENCE NORTIt 0 DEGREES 28 MINUTES 50 SECONDS EAST ALONG Tile WEST LINE OF SAID SECTION 7, A DISTANCE OF 221.92 FEET; THENCE SOUTIt 89 DEGREES 37 MINUTES 40 SECONDS EAST, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING; THENCE SOLrill 89 DEGREES 31 MINUTES l0 SECONDS EAST, A DISTANCE OF 25.00 FEET; TIlENCE NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST, A DISTANCE OF 33.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES I0 SECONDS WEST, A DISTANCE OF 25.00 FEET; TIlENCE SOUTIt 0 DEGREES 28 MINUTES 50 SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.019 ACRE (825 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 7 BEING NOR'I'll 00 DEGREES 28 MINUTES 50 SECONDS EAST. PARCEL 712 ~' ~~ DATE PREPARED ............ ' .... PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING OEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 8D 1 7/2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION N.89'40'50"W. 308.23' '.I/PARCEL 812A pARCEL 712 ~'7~/t 7 '~ARCE~I~/-'--PARCEL ~ 310.01' . u~ p.F].C,_./ S.89'37'40"E. r,,. PINE RIDOE ROAD (CR-896) 150' R/W 8128 GENERAL N~TES 1) P,O.C. Indicates Point oF Commencement 2) P.O,B. Indicates Point oF Beginning 3) Sec. indicates Section 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/W Indicates Right-oF-way 7) Art distances are In ?Feet and decimals thereof' 8) Basis of' Bearings Is the West ttne of' said Section 7 being N.OO'SB'SO'E. 9) Not vatld untess slgned ond seated with the embossed seat of' the proFessionat t~nd surveyor THIS IS ONLY A SKETCH NOT TB [ 02-07-97 PR-71P_ SCALE SHEET 2 OF 2 8n 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEL NO ......113A FOLIO NO .............................. FEE SIMPLE TITLE COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNrr'y, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON THE CENTERLINE OF PINE RIDGE ROAD {C.R. 896); THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET; THENCE NORTH 0 DEGREES 25 MINUTES 24 SECONDS WEST, A DISTANCE OF 7f00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MINUTES 10 SECONDS; THENCE EAST ALONG SAID CURVE. A DISTANCE OF 213.02 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.01 FEET TG. THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOU'[~, HAVING A RADIUS OF 5814.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 05 MINUTES 56 SECONDS, AND A CHORD OF 213.00 FEET BEARING NORTH 89 DEGREES 22 MINUTES 26 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET; THENCE SOUTH 89 DEGREES 34 MINtYI~S 36 SECONDS WEST, A DISTANCE OF 337.03 FEET; THENCE SOUTH 0 DEGREES 25 MINUTES 24 SECONDS EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.126 ACRE (5,500 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE CENTERLINE OF PINE RIDGE ROAD BEING N 89034'36" E. PARCEL 113A ................. 7' " PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 8D 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY GENERAL NOTES 1) P,O.C. ' POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. · SECTION 4) TVVP. = TOWNSHIP 5') RGE. = RANGE 6) PJW · RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR I O~zz ~oo ~o~o o~ APRIL 12, 1999 PR113A SHEET 2 OF 2 8D 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEL NO ...... 113B FOLIO FEE SIMPLE TITLE COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COLrNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON THE CENTERLINE OF PINE RIDGE ROAD (C.R.896)7 THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET; THENCE NORTH O0 DEGREES, 25 MINUTES. 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOU'DI, tIAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MINU2~S 10 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID CURVE, A DISTANCE OF 402.71 FEET; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 38.62 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.06 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, ]lAVING A RADIUS OF 5814.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 58 MINUTES 44 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 403.78 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF IO.01 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.101 ACRE (4,413 SQUARE FEET), MORE OR. LESS. BASIS OF BEARINGS IS THE CENTERLINE OF PINE RIDGE ROAD BEING N 89°34'36" E. PARCEL 113B PREPARED B ................ DATE , /' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIOA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY ~v,..t,~..g~.0 N IN' k,i U.J z GENERAL NOTES 1} P.O.C. - POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) ,SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W =, RIGHT OF WAY ?') ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8'} NOT VAI. ID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR o~ ~bb~b SHEET 2 OF 2 APRIL 12. 1999 PR1 8D 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM1 TRAIL NAPLES. FLOR1DA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEl. NO ......114 FOl.IO NO.....O~.~..~.Z~.-4 A PARCEL OF LAND LYING 1N SECTION Ig, TOW'NStIIP 49 SOUTtl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT TIlE NORTHWEST CORNER OF SAID SECTION 18; THENCE NOR'Ill 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTIt LINE OF SAID SECTION 18, A DISTANCE OF 644.09 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 2.97 FEET TO TtlE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO 'DIE SOUTH, IIAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 14 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CLrRVE, A DISTANCE OF 320.47 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 25.04 FEET TO 'DIE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, ItAVING A RADIUS OF 5629.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 15 M~R.U'ES 41 SECONDS, AND A CIIORD OF 320.40 FEET BEARING NORTH 88 DEGREES 47 MINUTES 33 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 320.45 FEET; THENCE SOU'Ill 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 3.01 FEET; THENCE NORTH 0 DEGREES 19 MINUTES 33 SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGrNNING; SAID DESCRIBED TRACT CONTAINING 0.186 ACRE (8086 SQUARE FEET}, MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 114 EXHIBIT- PROFESSIONAL ~ND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. coL..R COUNTY GOVERNMENT COMPt. X 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA :34112 SHEET 1 OF 2 8D 1 PL1BLIC \VORKS ENGINEERING DEPARTMENT 3301 EA.'qT TAMIAMI TRAIl, NAI'I.I".,q, F1,ORIDA .34112 (~)41 ) 774-SI92 SKETCH OF DESCRIPTION NOT A SURVEY N.W. COR. SEC, 18. TWP. 49S, RGE 26E N 89°34'36"E 644.09' N o° 19'33"w 25.00' PINE RIDGE ROAD (C.R. 896) ~ ~ N 89"34'36"E ~ ~ .....2.97' ~' P.O~ C2 320.45' ,~ C1 ~S 0°21'15"E ,~ PARCEL 114 25,04' ~_ S.89°34'36"W 3.01' Curve Delta Angle 1 3°15'41" 2 3°14'50" Radius Arc Tangent Chord 5629,58 320.45 160.27 320.40 5654.58 320.47 160.28 320.43 Chord Bearing N 88'47'33" W S 88°47'59" E GENERAL NOTES I) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE §) RAN = I~IGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAt. OF ^ PROFESSIONAL LAND SURVEYOR NOT TO SCALE AUGUST 30, 1999 PRl14 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY fEMPORAR Y t,'i '¢AY RESTORATION PROJECT NO ................60111 PARCEL NO ....................715 FOLIO NO ..................................... 1345' 1251.76' PINE RIDGE ROAD (C.R. 896) 150' R\W TRACT 11 935i," F- ..............~ I PARCEL 715 15'I 120' TRACT "R" 165' R\W KENSINGTON PARK PHASE ONE P.B. 21, PG. 62-67 25' ,,~" -- DESCRIPTION PARCEL 715 THE NORTH 15 FEET OF THE EAST 120 FEET OF THE WEST 213.24 FEET OF TRACT "R" OF THE PLAT THEREOF, KENSINGTON PARK PHASE ONE, AS RECORDED IN PLAT BOOK 21, PAGES 62-67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1800 SQUARE FEET OR .041 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE 26, 1998 PR702A EXHIBIT "'] PREPARED BY ........ DATE,~ . ~ GEORGE R. RICHMOND PROFESSIONAL ~ND SURVEYOR-FU REG, ~ 2406 PUBLIC WORKS ENGINEERING OEPT. COLLIER COUN~ GOVERNMENT COMPLEX SHEET 1 OF 1 8D 1 PLIBI.IC \VORKS ENGINEERING DEPARTMENT 3301 I!AST TAMIAMI 'I'RAII. NAPI.E,q, FI.ORIDA 34112 (q,11) 77,1-,q 102 LEGAL DESCRII'T1ON (NOT A SUI .VEY) PROJECT NO..6011 I I'ARCF. I. NO... ( ~' (~' I:~1.10 N¢')... FEE SIMPLE TITLE A PORTION OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTII. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE NOR'INWEST CORNER OF SAID SECTION 18; TItENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG TI!E NORTH LINE OF SAID SECTION 18, A DISTANCE OF 967.32 FEET; THENCE SOUTII 0 DEGREES 2 I MINUTES 15 SECONDS EAST, A DISTANCE OF 84.08 FEET TO THE SOU'Ill RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO q'tiE SOUTH, IIAVING A RADIUS OF 5654.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 49 MINUTES 50 SECONDS, AND A CItORD OF 279.32 FEET BEARING SOUTH 85 DEGREES 45 MINUTES 41 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 279.35 FEET; TttENCE SOU'Ill 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 44.30 FEET; THENCE SOUTIt 0 DEGREES 22 MINUTES 55 SECONDS EAST, A DISTANCE OF 35.20 FEET; TIIENCE NOR'HI 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 48.00 FEET TO 'l-liE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5619.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 48 MINUTES 39 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 275.68 FEET; THENCE NORTH 0 DEGREES 21 MINUTES 15 SECONDS WEST, A DISTANCE OF 35.05 FEET TO THE POINT OF BEGrNNING; SAID DESCRIBED TRACT CON'I'AINING 0.260 ACRE (11,329 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTIt{ 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 116 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC I, FORI<S ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34~12 (941) 774-8192 SKETCH OF DESCRIPTION Curve number I Radius = 5654.58' A = 02'49'50' Arc = 279.35' Chord = 2)79.32' Chord Br9. S.85'45'41'E, Curve number 2 Radius = 5619,50' /% = 02)'48'39' Arc : 275.68' Chord = 275.66' Chord Brg. N,85'45'04'W. GENERAL NOTES 1) P.O.C, indicates Point o~ Commencement 2)) P,D.B, Indicates Point oF Beginning 3) Sec. Indlca'tes Sec-tlon 4) Twp. Indicates Township 5) Rge. indicates Range 6) R/W Indicates Right-oF-way 7) ALt dlst(~nces are In Feet and decimals 'thereof 8) Bearings are based on the North Hne oF' Section ],8 as being N.89'34'36'E. II /J i I/-s.00'22'55"E. S.84'20'44"E.-~~ _ 35.20' 44.,30' -- -- -- I II II ~-N.84'20'44"W. S'00'21'15"E' i' i~l~-- 48.00' 84.08' N. 89".34'36"E.--,,, 967.32' \ P.O.C. Northwest corner of Section 18, Twp. 49 S., Rge 26 E. Collier County, Florido 9) No"t; valid untess signed ond seated with the embossed seat oF the proFesslonot t(xnd surveyor {)R~I B~. [ CHECI(I~ lit': L.H,R. THIS IS ONLY A SI<E1CH SC~ £: N~T TD SCALE D~llr: J F~LIE NO.: 11-18-98 g 116 SHEET 2 OF 2 PL1BI.1C \VOI~.I(S ENGINEERING DEPARTIMENT 3301 F.A,qT 'I'AMIANI1 '1'1~.,\11o NAPl. E.q, F1.ORIDA 34112 (O,ll } 77,1-,q 102 I.I':.GA1. 1317. SCI,~11U'ION (N(')T A S[ IRVF. Y) PROJECT ~,..~,c~!l. ~n... I,'1 ~l.lr'l N('~ FEE SIN',PLE TI'FLE I,EGAI. DESCRIPTION A parcel of land lying in Section 18, Township 49 South, Range 26 East, Collier County, Florida and being more particularly described as follows; COMMENCE at the Northwest Comer of said Section 18, Ihence mn N 89° 34' 36" E 1289.76 feet; thence S O0° 22' 55" E 111,47 feet to the POINT OF BEGINNING of the parcel of land hereinafter described, said point also being on the South Right of Way Line of Pine Ridge Road (CR 896); thence S 84° 20' 44" E 55.70 feet to a point of curve; thence along a curve to the left having a radius of 5804.58 feet, a central angle of 20 38' 45", an arc length of 268.05 feet and a chord which bears S 85° 40' 03" E to a point on a non-tangential line; thence S 00° 24' 36" E 35.06 feet to a point on a non- tangential curve; thence along a curve to the right having a radius of 5839..58 feet, a central angle of 2° 39'59" an arc length of 271.76 feet and a chord which bears N 85° 40' 43" W to a point on a tangential line; thence N 00° 22' 55" W 35.46 feet to the POINT OF BEGINNING. Containing l 1,331 square feet, more or less. Parcel No. 118 PreP^ten "b;i':.:iSii'fE"/il 5E~/~'i5'~5' ..................... PROFESSIONAL LAND SURVEYOR-FL. RES." 240S PUBLIC WORKS ENOINEERINs DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL 80 1 PUBLIC tFORf¢S ENGINEERING DEPARTMENT 3501 EAST TAMiAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Curve number ~ Radius = 5804.58' A = 02'38'45' Arc = 868,05' Chord = 268.02' Chord Br9. 3.85'40'07'E. Curve number P Ro. dlus = 5839.58' m = 02'39'59' Arc = 271,76' Chord = 2_71.73' Chord Brg. N.B5°40'43'W. SKETCH OF DESCRIPTION GENERAL NOTES 1) P.O.C. Indicates Point oF' Commencement 2) P,O.B, Indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/~/ Indicates Right-oF-way 7) All distances are In Feet and declma~$ thereof 8) Bergrings are based on the North time oF Section 18 as being N.Bg'34'3G'[. 9) Not valid untess signed and seated with the embossed seat oF the professional rand surveyor ' I /-S.00'24'36"E. S.84'20'44"E.--% / L~ 35.06' 55.70' % ' I I ---- ,,,.47' % I ~ , II ~.84'20"44"'w. %~ ~~ 52.00' I. I I , % ~N.OO'22'55"W. /~11 1% 35.46' ~P.0,C. Northwes[ corner of Section 18. Twp. 49 Rge 26 E. Collier Coun[y. Florida THIS IS ONLY A SKETCH 11-18-98 118 SHEET 2 OF 2 813 1 PUBI. IC \VORKS ENGINEERING DEPARTMENT 3301 EAgT TAMIAMI TRAIl. NAPI.ES, FI.OR1DA 34112 (04 I) 77,1-8192 FEE SIMPLE TITLE COMMENCING AT TIlE SOUDIWEST CORNER OF SECTION 7, TOWNStIIP 49 SOU'DI, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NOR'D{ 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SECTION 7, A DISTANCE OF 1299.78 FEET; THENCE NORTIt 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO TIlE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 61.53 FEET ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R.896) TIlE NEXT 3 COURSES TO 'DIE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO TIlE NORTII, ItAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 40 SECONDS; TIIENCE EAST ALONG SAID CURVE, A DISTANCE OF 599.82 FEET; THENCE NORTIt 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 329.94 FEET; TIIENCE NOR`Dt 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 329.94 FEET;TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO TIlE NORTH,HAVING A RADIUS OF 5639.58 FEET, AND A CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 598.23 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 63.13 FEET; THENCE SOUTH 0 DEGREES 26 MINLrrES 26 SECONDS EAST, A DISTANCE OF 15.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.341 ACRE (14,869 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIIE SOUTII I.INE OF AFORESAID SECTION 7 BF. ING N 89°3436" E. PARCEL 119 PROFESSIONAL LANO SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIE. COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAM' TRAIL NAPLES. FLORIDA 34112 PtJBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2} P,O.B. · POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR CHECKEO BY NOT TO SCALE JANUARY 14, 1999 FILE ~ PRl19 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A S~ PROJECT NO ................... PROJECT PARCEL NO ...........~..Z'.,,,.~.. ..... T~ P^~CEL NO...~..~Z~.;~.~..~ FEE SIMPLE TITLE A PARCEL OF LAND LYING IN SECTION 18, TO\VNSIIIP 49 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLOIUDA AND BEING MOtLE PARTICULAI/,LY DESCI/.IBED AS FOLLOWS; COMMENCING AT TIlE NORTI I/VEST CORNER OF SAID SECTION 18; TItENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG TItE NORTII LINE OF SAID SECTION 18, A DISTANCE OF 1612.20 FEET; TtIENCE SOUTH 0 DEGI~.EES 24 MINUTES 34 SECONDS EAST, A DISTANCE OF 139.59 FEET TO TIlE POINT OF BEGINNING; SAID POINT ALSO LYING ON TI IE SOUTII IUGI IT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND BEING TIlE BEGINNING OF A NON.TANGENT CURVE, CONCAVE TO TIlE NORTI I, ilAVlNG A I~ADIUS OF 51~04.51~ FEET, A CENTRAL ANGLE OF 3 DEGREES I 1 MINUTES t~tl SECONDS, AND A CIIORD OF 322.68 FEET BEARING SOUTH 88 DEGILEES 35 MINUTES 03 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.73 FEET; TIIENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 3500 FEET TO TIlE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO TltE NORTII, HAVING A RADIUS OF 5839.58 FEET, A CENTI~,L ANGLE OF 3 DEGREES 10 MINUTES 00 SECONDS, AND A CHOILD OF 322.7tj FEET BE/dUNG NORTll 88 DEGREES 35 MINUTES 43 SECONDS WEST; TItENCE WEST ALONG SAID CURVE, A DISTANCE OF 322.74 FEET; THENCE NORTII 0 DEGREES 24 MINUTES 36 SECONDS WEST, A DISTANCE OF 35.06 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.259 ACR,E ( I 1,295 SQUARE FEET), MORE OR LESS. BASIS OF DEAJUNGS IS THE NOR'I'll LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, PARCEL 120 PROFESSIONAL LAND SURVEYOR-FL. REG. 11 2406 PUI~t. IC WORKS ENGINEERING DEPARTMENT. 6OI.I.IER COUNI'Y GOVERNMENT COMPLEX 33111 F:AST TAMIAMI TRAIL NAPLES, FLORIDA 3.1112 8g 1 OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Curve number 1 Radius : 5804.58' A = 03'11'08' Arc = 322.73' Chord = 382,68 Chord Brg. S.88'35'03'E. Curve number 2 Radius = 5824.58' A = 03'10'29' Arc = 328.73' Chord = 322.69' Chord Brg. N.88'35'SG'W. SKETCH OF DESCRIPTION GENERAL NOTES 1) P.O.C. indicates Point oF Commencement 2) P.O.B. indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp. Indicates Township 5) Rge. indicates Range G) R/~/ indicates Right-oF-way I S 00'24'36"E · 1.39.59' '--'~ II / / / 7) All distances ore in Feet and decima[s thereof 8) Bearings are based on the North time oF Section lB as being N.B9'34'36'E, 9) Not vatid untess signed and seated with the embossed seal oF the proFessionat rand surveyor ~-P,O,C, Northwest corner of Section 18, Twp. 49 S.. Rge 26 E. Collier County, Florida THIS IS ONLY A SKETCH NOT TO 02-07-97 -~;~0 SHEET 2 OF 2 SCALE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TANIIAMI TRAIL NAI'LES, FLORIDA 341 12 (041 ) 774.8102 LEGAL DESCRIPTION (NOT A SURVEY) pron!c'r NO..t,01 pArcm. NO... FOLIO NO... OC) ;:~...~;7' I ~, ~:~::'o ~ FEE SIMPLE TITLE COMMENCING AT THE NORTHWEST CORNER OF SECTION I 8, TOWNSHIP 49 SOUTI-I, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SECTION 18, A DISTANCE OF 1934.64 FEET; THENCE SOU'T'I-] 0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 149.95 FEET TO TIIE POINT OF BEGINNING AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, IIAVING A RADIUS OF 5804.58 FEET. A CENTRAL ANGLE OF 0 DEGREES 14 MINUTES 47 SECONDS, AND A CHORD OF 24.96 FEET BEARING NORTlt 89 DEGREES 42 MINUTES 00 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 24.96 FEET; THENCE NORTH 89 DEGREES 34 MrNUTES 36 SECONDS EAST, A DISTANCE OF 619.95 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 34 SECONDS EAST, A DISTANCE OF 0.38 FOOT; T! [ENCE SOUTH 0 DEGREES 29 MINUTES 39 SECONDS EAST, A DISTANCE OF 510.28 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 29 MINUTES 39 SECONDS WEST, A DISTANCE OF 260.27 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST A DISTANCE OF 5.00 FEET THENCE NORTH O0 DEGREES 29 MINUTES 39 SECONDS WEST A DISTANCE OF 165.00 FEET; THENCE NORTH 48 DEGREES 33 MINUTES IO SECONDS WEST, A DISTANCE OF 74.99 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 529.60 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5839.58 FEET AND A CENTRAL ANGLE OF 0 DEGREES 14 MINI_rI~S 41 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 24.95 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 17 SECONDS WEST, A DISTANCE OF 35.00 FEET TO 'DIE POINT OF BEGINNING. CONTAINING 39,316 SQUARE FEET OR 0.903 ACRES. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY OwP'O'C' RTHWEST CORNER SECTION 18, NSHIP 49 SOUTH, RANGE 26 EAST N 8g'34'36"E 1934.64' z //P.O.B. 24,96' \ c2 0'26'17.0"E 24.95' 35.00' PINE RIDGE ROAD C.R. 896 N 89'37'34"E 150' R\W 0.38' N 89°34'36"E 619.95' % S 89' 30" 21" W 5.00' S 89°30'2 I"W_----~"-~ 30.00' ~' Cur~e Delta Angle Radius Arc 1 0'14'47" 5804.58 24.96 2 0'14'41" 5839.58 24.95 GENERAL NOTES 1} P.O.C. * POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) YWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR Tangertl 12.48 12.48 Chord 24.96 24.95 Chord Beadng N 89'42'00" E S 89'41'57" W SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 o o z SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 80111 PARCEL NO ............ 124 FOLIO NO.. ~t~..~ .~.~..~..~..C~'~!~=~ N 89°40'50" W 330.0' TRACT 60 30' , PARCEL 124 1¢_~./'/ 3o0 0' S 89°37'40" E 330.0' o o PINE RIDGE ROAD F~E SrNIPLE TITLE GENERAL NOTES 1) P.O.O. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES. FLORIDA 34112 NOT TO SCALE FEBRUARY 22, 1999 PR124 LEGAL DESCRIPTION THE SOUTH FIFTEEN (15~ FEET OF TRACT 60 LESS THE EAST THIRTY (307 FEET THEREOF, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4500 SQUARE FEET OR ,103 ACRES MORE OR LESS, PROFESSIONAL LAND SURVEYOR.FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 o SKETCH OF DESCRIPTION ~0 o z / / / NOT A SURVEY N 89°40'50" W 330.0' TRACT 61 PROJECT NO .......... 6011 PARCEL NO ............ 12.5 FOLIO NO....~.~.5~.~.~Q~;~;L.~.. ~'~'. L PARCEL 125 3300' S 89°37'40" E 360.0' 15' PINE RIDGE ROAD LEGAL DESCRIPTION ~E SIMPLE TITLE 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR THE SOUTH FIFTEEN (15') FEET OF TRACT 61 AND THE SOUTH FIFTEEN (15') OF THE EAST THIRTY (30') FEET OF TRACT 60, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 5400 SQUARE FEET OR .124 ACRES MORE OR LESS. ~o,..E X H I B I T[ GENERAL NOTES 3'-' -q'ib ~',~ 1, P.O.O. = POINT OF COMMENCEMENT BY....~.~;~__~~. _~ ~"~' PREPARED DATE.. ~ GEORGE R, RICHMOND PROFESSIONAL LAND SURVEYOR.FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 C3-~ECKED BY SC_,A~ E NOT TO SCALE FEBRUARY22,1999 FILE NO SHEET 1 OF 1 PR125 j 8D 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PROJECT PARCEL NO.126 TAX PARCEL NO...~,.~..¢.~..._,oc~?.,..,~.~..o..~. ..... CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 232' I 20'~-,, BUFFER EASEMENT I TRACT 4 I ~ TRACT "D" ~ O~¢o" PARCEL 126 ~. ..... 227 .... 207' PINE RIDGE ROAD C.R. 896 150' R\W DESCRIPTION PARCEL: 126 THE SOUTH 10 FEET OF TRACT 4, OF THE PLAT THEREOF, CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2210 SQUARE FEET OR 0.051 ACRES MORE OR LESS. FEE SIMPLE TITLE GENERAL NOTES 1) P.O,C. = POINT OF COMMENCEMENT 2} P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) T~NP. = TOWNSHIP 5) RGE. = RANGE 6) R~N = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TR. AIL NAPLES, ¢LORIDA 34112 ~;ILENOpR126 NOT TO SCALE OCTOBER 27, 1998 SHEET 1 OF 1 8rl 07£IC£ 07 CAPI7'A£ ?ROJ£CTS ,3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 77,1-8192 1 SKETCH OF DESCRIPTION LIVINGSTON MEADOW Plat Book 19, Page 66 N.89'40'SO"W. 550.00' FEE SIMPLE TITLE __1 TRACT 76 k,, South 15' feet Troct 76 330.00' I S.89'.37'40"E. PINE RIDGE ROAD (CR-896) 150' R/W LEGAL DESCRIPTION The South, fifteen (15') feet of Troct 76 of the Plot thereof, Golden Gore Estotes Unit .55, os recorded in Plot Book 7, Pnge 8[) of the Public Records of Collier County, FIGfido Contoining ,I,950 square feet more or less. Dosis of Boorings is the North Right of Woy line of Pine Ridge Rood being S.89'.57'40"E. THIS IS ONLY A SKETCH ] CHECKED PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX .3301 E TAMIAMI TRAIL NAPLES~ FLORIDA .34112 NBT TO SHEET 1 OF 1 SCALE 08-07-97 127 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PROJECT PARCEL NO. 128 TAX PARCEL NO..~-m~..~.~-_..~:~.....~-.7.~,,~.. CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 232' BUFFER EASEMENT TRACT 4 ..... 227 ...... TRACT "D" PARCEL 128 - 65-~ PINE RIDGE ROAD C.R. 896 150' R\W DESCRIPTION PARCEL: 128 FEE SIMPLE TITLE THE SOUTH 10 FEET OF THE WEST 85' OF TRACT D, OF THE PLAT THEREOF, CROSSROAOS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 850 SQUARE FEET OR 0.020 ACRES MORE OR LESS. EXHIBIT Page ~ \ of_~_~ GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) 'rWP. = TOWNSHIP 5) RGE. = RANGE 6} RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR .~ ~"'~GEORGE R RICHMOND PROFESSIONAL LJkNO SURVEYOR-FL. REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 330! EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 NOT TO SCALE OCTOBER 27. 1998 R128 SHEET 1 OF 1 5501 OFFICE OF CAPITAL PROJECTS EAST IAI¥1tAMI I'RAI~ NAPLES, FI_ORIOA (04~.) 7'14-8192 34112 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) FEE SIMPLE TITLE L, EGAL I)ESCRII'TION A portion ofTfact 77 oflhc plat fimrcof, Golden Gate Estates Unit 35 as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida, and being more particularly described as follows: COMMENCE at the Sourlycast corner of Section 7, Township 49 Soulb, Range 26 East, Collier County, Florida; timnee along Ihc South line of said Section 7 S 89' 37' 34" W 1559.29 feet; thence N 00' 26' 33" \V 54.91 feet to the I)OINT OF BEGINNING ofthe parcel of land hereinafter described; thence continue N 00' 26' 33 W 20.02 feet; thence S 87' 20' 08" W 23.36 feet; thence S 89' 37' 34" W 306.60 feet; thence S 00' 26' 37" E 74.00 feet; thence N 89' 37' 34" E 8.92 feet; thence N 00' 26' 26" W 54.00 feet; thence N 89' 37' 34" E 298.00 feet; thence N 87' 20' 08" E 22.98 feet to lhe POINT OF BEGINNING. Containing 7083 square fcct more or less. Basis ofhcarings is Ihe soufi~ linc or.'qcclitm 7 being S 89' 37' 34" W. Pm'c¢l No. 29 GRR/lab/Igld SCALE' DRAWN BY: CHECKED BY: FILE NO: REVISED: DP.A~ ICHI[CK[D flY: ] SCALE: GY"~ i RICFtMOND PROFESSIONAL LAND SURVEYOR ,//2406 OFFICE OF CAPITAL PROJECI'S COLLIER COUNI"Y GOVERNMENT COMPLEX 3..301 E TAMIAMI TRAIl. h. IA,PLES~ FLORIDA 34112' 8D 1 /z? PUBLIC I'FORI¢S ENOI, vzERING DEPARTMENT ~301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION TRACT UV~NGSTON WOODS DRIVE (BTH AVE. S.W.) TRACT 77 TRACT 92 ./ ~/r~N. S.87'20'08"W. 23.36' 87'20'08"E. S.89'37'34"W,~ I// 22.98' 3o6,6o' / I// p.n.c% N.89'37'54"E. 54,. N.00"26'26"W.-% N~ Southeast corner 54-.00' k of Section 7, ~ Twp. 49 S., / PINE RIDGE RO~ (CR-896) PRE~OUSLY 150' R/W ACQUIRED GENERAL NBTES l) P,O.C. Indicates Point oF Commencement 2) P,B,~. Indicates Point oF Be91nnln9 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge, Indicates Ronge 6) R/W Indicates Right-oF-way 7) Art dis"lances are In Feet ~nd declmats thereof 8) ~asls oF dearlngs Is the South tlne oF Section 7 os being S.89'37'34'~. 9) Not vatld untess signed and seated with the embossed seat oF 'the proFesslono, t rand surveyor THIS IS ONLY A SKEI'CH BY: L.M.~. H-~8-go 129 SHEET 2 OF 2 8D I PUBLIC WOI>,ICq ENGINEEI>,ING DEPARTMENT 33(11 EAST TAMIAMI 'I'RAII. NAPI.F.S, I:I.ORII)A 34112 (g4 [ ) 77,1-8192 LEGAL DESCRIPTION (NOT A SUP, VEY) NO... FEE SIMPLE TITLE A PORTION OF TRACT 92 OF TIlE PLAT THEREOF,GOLDEN GATE ESTATES UNIT 35 AS RECORDED IN PLAT BOOK 7, PAGE 85, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNStllP 49 SOUTH, RANGE 26 EAST', THENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 1559.29 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 33 SECONDS WEST, A DISTANCE OF 54.91 FEET TO THE POINT OF BEGINNING; THENCE NORTll 87 DEGREES 20 MINUTES 08 SECONDS EAST, A DISTANCE OF 330.19 FEET; TIIENCE NORTH 0 DEGREES 26 MINUTES 28 SECONDS WEST, A DISTANCE OF 20.02 FEET; THENCE SOUTH 87 DEGREES 20 MINUTES 08 SECONDS WEST, A DISTANCE OF 330.19 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 33 SECONDS EAST, A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.152 ACRE (6,605 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST. PARCEL 132 ~/' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAM1 TRAIL NAPLES, FLORIOA 34112 8D PUBLIC ~rORKS ENGINEERING DEPAR7'MENT 5501 EAST TAMIAMI TRAIL NAPLES, FLORIOA .34112 (941) 774-8192 SKETCH OF DESCRIPTION TRACT 77 LIVINGSTON WOODS DRIVE ~_TH AVE. S.W.) TRACT 92 S.87'20'08"W. -~, /-- - N.87'20'08"E. 330.19' ~ / 330.19' // PINE RIDGE ROAD (CR-896) PRE~OUSLY~ 150' R/W ACQUIRED TRACT 93 GENERAL NOTES 1) P,O,C, Indicates Point oF Commencement 2) P,O,B. Indicates Point oF Beglnnln9 3) See, Indicates Section 4) T~p, indicates To~nshlp 5) Rge, Indicates Range G) R/~ Indicates Right-oF-way 7) A[I distances are in ~eet and decimals thereof Southeast corner of Section 7, / Twp. 49 S., Rge. 26 E. 8) Basis oF dearlngs Is the South line o~ Section 7 as being S.89'37'34'W, 9) No~ votld unless slgned and seated with the embossed sea[ oF the proFesslonat [and surveyor P.FI.C. ICHI:CI<[D ~: THIS IS ONLY A SKEI'CH PUBLIC WORI(.S ENGINEERING DEPARTMENT 3301 EAST '['AMIAMI TRAIl. NAI'I.F.$. FI.OP, IDA 34112 (941) 77,1-SI92 LEGAL DESCRIPTION (NOT A $UIt,¥EY) FEE SIMFi" ;: . I,F,(;A I, I)ESCI{II'TION A portion of'l'ract 93 ortho plat tl~c~col; Gulden Gate Estates U.it 2.5 as leeordeal in I%1 Book 7, Page 85. ordm Public Itccords o[' Collier Coumy. Florida. a.d being more particularly described as follows: COMMENCE at Ihe Soull,cast co, nor of Section 7. 'row.shil),19 So. IlL lLangc 26 East. Collier Cow,y, Florida; fi~encc alo,g tl,c ,'5,oulh li.c orsaid :Seefie. ? ,S 89" 37' 3,1" W 1229.:15 feet; thence NO0° 26' 28" W 6[~,11 fect to thcl'OINTOF BEGINNING of the parcel ofland hereinager described; thence N 89° 37' 3,1" E 215.53 feet; dmncc N'70° 30' 38" E 121.21 feet;dmnce N00° 26' 24"W 21.16fcel;thenceS?O° 30' 38" W 125.16 feet; dierice S 890 37' 3,1" W 211.80 feet; d,c,cc S O0° 26' 28" E 20.02 feet to the POINT OF BEGINNING Containing 6737 square feet more or less. Basis of bearings is tile South line of Section 7 being S 89° 37' 3,1" W. I'arccl No. 135 ~" GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,1112 8I] 1 /~ PUBLIC IgORifS I£NCIN£'ERING DEPARTMENT 3301 EAST TAMIAIVll TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 TRACT 92 SKETCH OF DESCRIPTION IVINGSTON wOODS DI~,IVE (8,111 AVE. S.W.) r-. IRAC1 ,r~ ',o ~ ~ rxl 1RAC l' bo ~ 93 ~ b 108 O S. 70'30'38"W.--7 125.16' / / /-- N.70'30'38"E. 5.89'37'34"W.-7 / / 121.21' 21t.80' / / ' /--2~.~6' .... , 215.53' // /~&'"~- , S0utheost corner //°" ~ ~qNF Nq)t;[ N()AI: (C~-HUff) PREVIOUSLY lb0' I~/W ACQUIRED GENERAL NOTES 1) P.O.C, Indicates Point of Commencement 2) P.O.B, Indicates Point of' Beginning 3) Sec. Indicates Section 4) Twp, Indicates Township .5) Rge. Indicates Range 6) R/~/ Indicates Rlght-of'-way 7) A[[ distances are In Feet and declnaJs thereof 8) Basis of decrings Is the South tlne of Section 7 as being S.89'37'34'~, 9) Not votid unless signed and seoJed wlth the embossed seal of the professionaL Jand surveyor THIS IS ONLY A SKETCH L.H.R. NOT TO .... SCALE I1-18-98 .[ SHEET ~ OF n PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI'I'RAII. NAPIDES, FI.ORIDA 34112 {').11 } 77.1-R 1')2 LEGAL DESCRIPTION (NOT A SURVEY) NO..60 NO... FOl.10 NO,.. ~5 FEE SIMPLE T:.LE A PORTION OF TRACT 108 OF TI~IE PLAT THEREOF,GOLDEN GATE ESTATES UNIT 35 AS RECORDED IN PLAT BOOK 7, PAGE $5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARI.Y DESCRIBED AS FOI.I.OWS; COMMENCING AT 'DIE SOUTIIEAST CORNER OF SECT]ON 7, TOWNSIIIP 49 SOUfill, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TIIENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST ALONG 'I'ttE SOUTII LINE OF SAID SECTION 7, A DISTANCE OF 899.41 FEET; THENCE NOR'D! 0 DEGREES 26 MINUTES 42 SECONDS WEST, A DISTANCE OF 116.42 FEET TO THE POINT OF BEGINNING; TllENCE CONTIN]JING NORTH ALONG SAID LINE AND THE WEST LINE OF SAID TRACT 108, A DISTANCE OF 21,16 FEET; 'D~ENCE NORTH 70 DEGREES 30 MINUTES 38 SECONDS EAST, A DISTANCE OF 60.35 FEET; THENCE NORTH 36 DEGREES 5 I MINUTES 40 SECONDS EAST, A DISTANCE OF 10.00 FEET; 'DIENCE SOU'Ill 53 DEGREES 08 MINUTES 20 SECONDS EAST, A DISTANCE OF 20.00 FEET; TltENCE SOUTH 36 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 16.05 FEET; THENCE SOUTtl 70 DEGREES 30 MINUTES 38 SECONDS WEST, A DISTANCE OF 73.30 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.037 ACRE (1,597 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST. PARCEL 136 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 81] 1 PUBLIC IFORKS t£NGINEERINC D£PARTM£NT 3301 EAST TAMIAMI 1RAIL NAPLES, FLORIDA 34 i 12 (941) 77,1-8192 SKETCH OF DESCRIPTION TRACT __J. J 5.89'33'01'w LlVltlCSI01, I WOODS DRIVE 81H AVE. S.w. '~'C" 292.6Y ,,,,r~ "~1 TRACT / / g/4' / : / / j I l,I *6'51'40'F ~S.5Y08'20'E.~ /~ N. 70'30'~8"E F ~ ~6.o5' / ~ of Sec, 7. twp. 49 S., ..... ~ ~ / x/ Rge. 26 E, F/':/ C: N/ Come, County, rlori~o 3 ? 7~.5~ / ~PREVIOUSLY ~P,O.C. ~ ~ ~ ~ ~*cou~[B I/ ~ ......... a,a---~ ~7 ............ ~" t~ "- GENERAL NBTES 1) P,B.C. Indicates Point oF Commencement 2) P,O,B, Indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp. Indicates Township 5) Roe. Indicates Ron9e 6) R/~ Indicates Right-oF-way 7) Art distances are In Feet and decimals thereof 8) Basis oF Bearlnos Is the South line oF Section 7 beln9 S.89'37'34'W, 9) Not valid unless signed and sealed with the embossed seat oF the professional Land sur'veyor THIS IS ONLY A SI<ETCH L.M,R, CH[CI([O Off: $ C.~.[: O~IC: ,riLl SHEET ~ OF ~ 813 ! PUBLIC \VOR. KS ENGINEERING DEPARTMENT 3.1(11 EAST 'I':\MI:\MI TRAIl. NAPI.I!S, FI.OItll)A 34112 (941 ) 77,1-~ 1')2 LEGAL DESCR. IPTION (NOT A SURVEY) I'R(/$1!CT NO..(,0 I I'AI{t'I!I. NO... Curve number 1 Radius = 2.5,00' t = 90' Arc = 39.27 Chord = 35,36 Chord Brcj. S,45'25'16'E, Curve number 2 Radius = 25.00' A = 53'07'48' Arc = 83.18 Chord = 22,36 Chord Brg, S,63'51'22'kL SKETCH OF DESCRIPTION FEE SIMPLE TITLE ~ /------ TRACT L-14 ~ //' VINEYARDS UNIT ONE o .x' PLAT BOOK 14 rr ~ ',, PAGES 67-74 L,J ~1'~' : I. rn Q:: ~r~ i C~. -zI 115 Z I I , S.89'34'44"W: ~10.00' / N.89'34'44"F C_ 2_./' ' LE_C~LJ~ The South Ten (lO) feet of Tract L-14 el tl~e plat Vineyards, Unit One as recorded in Plot Book 1,1, Pages 67 through 7,1 at the Public Records of Collier County, Florida. Containing 1,.339 square feet more or less. PREPARED .... . .-'~. f./.. ............................................ Y~RGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. At 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLOi'~IDA 3,1112 PUBLIC \.VOI .I<.S ENGINEERING DEPARTMENT 3301 EAST TAMIA,X, II TRAIl. NAPI.liS. I:I.ORII)A 34112 (941 ) 77.1-81'~2 LEGAL DESCRIPTION (NOT A SUR. VI?¢) VINEYARDS UNIT ONE PLAT BOOK 14 PAGES 67-74 SKETCH OF DESCRIPTION FEF_ SIMPLE TITLE TRACT CC VINEYARDS UNIT 3A PLAT BOOK 17 PAGES 7-18 GOLDEN GATE ESTATES UNIT 34 PLAT BOOK 7 PAGE 25 S.89'34'44"w. 2036.47' 2035.51' N.gg'34'44"E. RIDGE ROAD-~ (CR-896) 150' R/W The South Twenty (20) feet of Troct CC of the plot Vineyurds. Unit 3A os recorded in Plat 0ook 17, Pages 7 thromjh 1LI of the Public Records of Collier County, FIDfido. Containing 40,720 squore feet more or less. ............. ~--~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR.FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 3,1112 PUBLIC \VOR. KS ENGINEERING DEPARTMENT 3301 EAST TAM1AMI 'I'RAII. NAIq. Efi, FI.ORIDA 34112 (')41 ) 77,1-81')2 LEGAL DESCRIPTION (NOT A SURVEY) PARCEl. NO... FOI.IO NO... P2RPETUAL NON-EXCLUSIVE ROAD RIGHT.OF-WAY. DRAINAGE, UTILITY & ,MAIN-r. EASE.MEN-F LEGAL DESCRIPTION The Sovth Twenty (20') of the North ! 79.0 feet ofthe East 62.0 feet ofTract 121 ofthe Plat thereof; Ge,!de~ Gate Estates, Unit 33 as recorded in the Plat Book 7, Page 60, of the Public Records of Collier County, Florida. Containing 1240 square feet more or less. Parcel No. 139 pag/Igld.07.~ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. 3G3OoL, L IEEARs TC OTAU~N, ,TAYM? TO~AE,RLN M E N T COMPLEX/ NAPLES, FLORIDA 34112 PUBLIC \VOI .KS ENGINEERING DEPARTMENT 3301 I:.AST TAMIAMI TRAIl. NAI'I,liS, FI.ORIDA 34112 ('),11) 77,1.8192 LEGAL DESCRIPTION (NOT A SURVEY) l'l~,OJl!CI~ NO..C,0 I I'A l~,C r: L NO... FOLIO NO... '~'~1~ ~ FEE SIMPLE TITLE LE AL DE RPITI N COMMENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate Estates Unit No. 34, as recorded in Plat Book 7, Page 23, oftlie Public Records of Collier County, Florida; thence run along the weal line orsaid Tract 14 N 00' 19' 10" E 181.55 feet to the POINT OF BEGINNING of tile parcel'of land hereinafter described; thence S 89' 37' 45" E 180.00 feet; Ihence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E .414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896); thence along the south right-of-way line of said Pine Ridge Road N 89' 37' 45" W 630.00 feet to the west line ofaforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to the POINT OF BEGINNING. Containing 8726 square feet more or less. Parcel 140 Sheet I of 2 Basis of Bearings is the West line ofTraft 14 being N 00' 19' 10" E. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIOA 34112 OFFICE OF CAPITAL PROJECTS SKETCH OF DESCRIPTION 62 58 150.00',,j'X 20' LOGAN BOULEVARD N,00'l 9'10"E. 200.99' 155.52' S.44'39'18"E 50.05' ///-- S.89'37'45"E 414.62' N.00'22'15"E 10,00' P.D,B. PORTION TRACT 14 S.89'37'45"E 180.00' S.00'19'10"W. 201.55' GENERAL NOTES ]) P.O,C, indicates Point oF Commencement 2) P.D.B, Indicates Point oF 3eglnnlng 3) Sec, indicates Section 4) Twp. ]ndlcotes Township 5) Rge. indicates Ronge 6) R/W Indicates Righ~-oF-w~y 7) AU distances are in Feet ond decimals thereof 8) ~sls o~ Be~ings is the West Une oF Trac~ 14 being N,00'19'I0'E, 9) Not valid untess signed and seated with the embossed se~t oF the professional [~nd surveyor THIS IS ONLY A SKETCH CHECKED ~f: {$CAL[: I DA1[: FILE NO.: I ]40 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EASTTAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) i,~ojr. cT $O..60~ ~ P^RCr..L SO... t ~ I FOLIO NO... '~,~ I ? ~--'TD~-~ PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF.WAY. DRAINAGE. L'I'ILITY & MAIN-F. EASEMENT BEGIN AT THE POINT OF INTERSECTION OF TIlE NORTIt RIGHT OF WAY LINE OF PINE RIDGE ROAD (C-896) AND THE EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD; THENCE NORTH 0 DEGREES 19 MINUTES I0 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD, A DISTANCE OF 38.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 40 DEGREES 58 MINUTES 19 SECONDS EAST, A DISTANCE OF 50.62 FEET TO TIlE NORTH RIGItT OF WAY LINE OF SAID PINE RIDGE ROAD; THENCE NORTIt 89 DEGREES 37 MINUTES 45 SECONDS WEST ALONG SAID NORTH RIGlIT OF WAY' LINE OF PINE RIDGE ROAD, A DISTANCE OF 33.40 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.015 ACRE (6.'t5 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD BEING NORTH 89 DEGREES 37 MINUTES 45 SECONDS WEST. PARCEL 141 PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SI<ETCH OF DESCRIPTION 50.00' I TRACT 18 O 3.40' N.~g'57'45"W. - .... PINE RIDGE ROAD PARCEL 141 DRA~ GENERAL NDTES 1) P,D.C. indicates Point oF Commencement 2) P.[],]], indicates Point oF Beginning 3) Sec. indicates Section 4) Twp. Indicates Township 5) Rge, indicates Range 6) R/W indicates Right-oF-way 7) Alt distances one in Feet and decimals thereof 8) ~]asis oF Bearings is; the North R/W line Pine Ridge Road being 9) No~ volld unless signed and sealed with the embossed seal oF the professional [and surveyor THIS IS ONLY A SKETCH ICHECK£D SCALE: ~ IFIL[ NO.: SHEET 2 OF 2 RESOLUTION NO. 99- 8g 1 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF C()LLIER COUNTY, FLORIDA, AU'FHORIZING THE ACQUISITION BY GIFT, PURCI IASE OR CONDEMNATION OF ROAD RIGItT-OFoWAY, SIDEWALK. SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND 1'EMPORARY DRIVE\fAY RF, STORATION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITI,E INTERESTS WIIICH ACQUISITIONS ARE REQUIRED FOR THE SIX-LANING IMPROVEMENTS FOR PINE RIDGE ROAD (896) BETWEEN AIRPORT-PULLING ROAD (C.R. 31) AND LOGAN BOULEVARD CIE NO. 41. WHEREAS, the Board o[' County Commissioners (Board), on October 28, 1997, adopted Ordinance No. 97-55 timrein establishing the 1997 (Seventh Annual) Capital hnprovcmcnt Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement prqjccts. The Transportation Element of the Coumy's Comprchcnsiv¢ Plan was adopted in Ordinance No. 974')2; WttEREAS, the six-laning roadway improvcntcms to Pine Ridge Road (C.R. 896) hetwcerl AirponoPulling Road (C.R. 31 ) and Logan Boulevard are component pans of tire Transponalion Element of the County's Comprehensive Plan; and WHEREAS, alternate locations, environmental faclors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as lhcy relate Iv the implementation of said transportation intprovements~ and it has been recommended by County Slaffthat it is rmccssary and in the bcsl interest off Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the six-laning roadway improvements for Pine Ridge Road between Airport-Pulling Road and Logan Boulevard, hereinafter refcrrcd to as "Project" as identified on Exhibit "A" auached hereto and incorporated herein by reference; and WHEREAS, tire design and construction off said transportation improvements and related facilities have been determined by the Board to be necessary and in the best initrest oFCollicr County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the hcallh, safety and welfare of the citizens of Collier County, and will assist Collier Cotinty in meeting certain concurrency requirements of tire Growth Management Plan for Collier County. -Page 1- . 8g 1 WHEREAS, the Board of County Commissioners adopted Rcsolulion No. 99-225 on May I l, 1999 authorizing the acquisition by gift. purchase or condemnation of property interests necessary for thc six-laning of Pine Ridge Road. WHEREAS, this Resolution is being adopted Io include revised legal descriptions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLL1ER COUNTY. FLORIDA. that: 1. Ihc Board has considered the cnviromncntal lhctors, safety factors and fiscal consideraliens relating to the final adopted location of the transportation improvements and related facilities. 2. The road right-of-way, sidewalk, slope, utility, drainage. maintenance and temporary driveway restoration interests by casement and/or the fee simple litle interests acquisitions identified on Exhibit "A" arc the most feasible locations, both necessary and cons/stent wilh Ihc project requiremeres, in order to pcrrnit the construction and maintenance of the transportation hnprovemcnts and related facilities for the Pine Ridge Road six-laning improvements between Airport-Pulling Road :lnd I.ogan Boulevard, CIE No. 41. 3. The Board has determined that the construction and maintenance of the six-laning transpor- tation improvements and related facilities are necessary for a public purpose and is in the best iracrest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities arc compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. h is necessary and in the best interest of Collier County for the Board to acquire the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement an~or the fee simple title interests idcnti fled in Exhibit "A"; and Counly Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title iracrests on the properties identified in Exhibit "A". 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pro-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal repor'ts or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. -Page 2- 8D 1 7. The Board, in accord:met with the provisions of Chaplcr 125.355, Floml:~ Statutes, hereby formally waives the requircmcnt lbr a formal, independent appraisal report lbr tile purchase era property where the purchase price of the parcel {tile compensation due to the property owner) is !ess than One Hundred Thor,sand and 0(I/100 Dollars (S100,000.00). In lieu of the indcpcndcnt appraisal report, staff is hereby authorized to make purchase offers for the properties. the dollar amotmls of which shall be predicated on "staff compcnsalion estimates" based upon independent appraisals (lind tile data thcrcfrom) obtained on sialilar properties and upon considcration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon thc approval by the County Attorney's Office of all docunlcnts necessary fbr the subject property acquisition, Real Property Management Department staff is hcrcby directed to offer inlmediatc delivery to thc respective property owners ofthc full compcnsatiort (as established by tile appraisal or staff compensation estimates in accordance ','.'itll the provisions of Chapter 125.355, Florida Stalules). in return for the immediale and proper execution o£the rcspcclivc easements, and such other legal documents and/or affidavils as the Counly Allomey's Office dccms appropriate in order to protect tile interests ofthe Counly; and the Board hcrcby aulhorizcs its present Chair, voman and an.,,, subsequent Chaimlan/Chairwoman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney v,'hich may inch.de agreements, documents to remove the lien of any encumbrance, and For any such other purpose as may be required for the acquired road right-of-v,'ay, sidewalk. slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or Fee simple litlc inlcrcsts 9. In those instances where negoliated settlements may be oblained via tile "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Public Works Engincering Department, or his designee, is charged with the responsibility for completion of various capilal improvement projects, and is hereby delegated the authorily to approve the purchase of land interests above the staff' compensation estimate or appraised value and pay nomlally related costs when it is in the best inlcresl ofthe Project, within the pro-rata share of tile land rights acquisition budget for tile parcel being acquired, only when the difference between the purchase price and conlpensalion estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars {Sl 5,000.00) or the currenl purchasing lirails established by the Collier County Purchasing Depamnent; provided, Project funding is available. -Page 3- 8D 1 I0. That the settlement approwd authority is delegated by the Board to tile extent that such approvals do not conflict with the provisions of Seelion 125.355, Florida Statutes. I I. The Chaim, oman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements wllcre the land owner has agreed to sell the required land rights to the County at its appraised value or at Illat amount considered tile "Administr:nivc Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by "Purchase Agreement" or "Easement Agreement", to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those casements or fee simple title, and such other legal documents as the OFfice of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall bc specified on a closing statement and which shall be based upon the appraisal or staffcompensation estimate in accordance with this Resolution and tile provisions of Section 125.355, Florida Slatulcs, 13. All title to properties or interests in properties which bavc been obtained in tile manner described above shall be deemed "accepted" by the Board oFCounty Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said casements or fcc simple title and such other instruments as may be required to remove the lien of any encumbrance £rom the acquired properties. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions oFChapters 73, 74 and 127, Flor/da Statutes, the above-referenced real properly interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired. AND IT IS FURTHER RESOLVED that this Resolution supersedes County Resolution No. 99-228. Page 4 - 813 1 This Resolution adopted on this~rxX.day of~, 1999, after motion, second and majority vote. ATTEST: · "'"DWIGHT E..BROCK, CLERK , sigaature."oalj, Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 1- . - .-- / //~' ~Pamela S. Mac'Kie, Chainvonlan -Pa9e 5- PUBLIC WORKS ENG~EERING DEPARTMElqlT 3301EASTTAMIAMITRAIL I NAPLES, FLORIDA341t2 8[~ (941) 774~192 LEGAL DESCRIPTION (NOT A S EY) TEMPORARY DRIVEWAY RESTOIL~TIOlq',! EASE ME NT LEGAL DESC~PTION PROJECT NO..60111 PARCEL NO... FOLIO NO... ~ A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County, Florida, and being more particularly described as follows; The East 75.0 feet of the West 317.0 feet ofthe North 20 feet oltre South 95 feet of the East Half of the Southwest Quarter of the Southwest Quarter, Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1500 square feet more or less. Parcel No. 701 bob\pa$\Igld.036 EXHIBIT PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 THIS LEGAL SERVICES AGREEMENT made and entered into this _..~'t~ day of February, 2000, by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as the "Board" and/or "County"), and the law firm of Facrber & Cliff, 2335 Tamiami Trail Norlh, Naples, Florida 34103, (hereinafter referred to as "Counsel"). The parties hereto, in consideration of the premises and the covenants contained herein, mutually agree as follows: I. Counsel is hereby retained by the Board to assist and provide legal representation for the Board in the lawsuit entitled Dwight E. Brock v. Robinson & Cole, L.L.P. and Collier County. Florida, Case No. 99-2910-CA. 2. Counsel, upon authority of the County Attorney, shall do all legal work, including but not limited to preparing all legal documents, correspondence, communications, etc. and attending all negotiation meetings, settlement conferences, court hearings and lrial(s) necessary during any trial and/or appellate proceedings relating to the referenced lawsuit. 3. The Board, through its Community Development Services Division (Fund 113) or under the County Attorney Outside Counsel Budget (001-010520-631100), if appropriate, hereby agrees to pay Counsel's necessary and reasonable professional fees and costs as compensation for legal services at Counsel's rate of $190.00 per hour for Nelson A. Faerber, Jr., Esq. Rates charged by other attorneys in the firm are not to exceed $190.00 per hour. Lesser hourly rates are applicable for legal services to the County rendered by Couns¢l's legal assistants ($60/hour). Invoices to the County for legal services rendered shall be itemized and shall set forth Pagc I of 4 the name of the attorney or paralegal, subject of the charge, the time applicable to the charge and thc rate per hour. 4. The County agrees to reimburse Counsel for all necessary and reasonable out-of-pocket expenses/production costs directly related to assigned work, including thc retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable documented communication costs, identifiable documented reproduction costs, and special computer expenses not applicable to general overhead. Ail requests for reimburseable expenses should be supported by appropriate documentation. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled ~rld_Tr.~ ' I~:~;Mtllt~~lal~ as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates~ Breakfast - $ 3.00 Lunch -$ 6.00 Dinner - $12.00 5. Counsel shall have professional liability insurance. Coverage shall have minimum limits orS1,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Counsel to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims Page 2 of 4 (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 6. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments ar/sing out ofany willful or intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by any ofthem. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The part/es agree that one percent (1%) of the total compensation to Counsel for performance of ser,,ices authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 7. Counsel agrees to obtain and pay for all permits and professional and/or other licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Flor/da, or the U. S. Govemment now in force or hereafter adopted. 8. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. Page 3 of 4 ,9^ 9. Either party may terminate this Agreement for convenience xvith a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to terminate for convenience has been given. The. County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. IN WITNESS WHEREOF, Board Counsel have each, respectively, by an author/zed person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: (Printed witness signature) lP, (Printed witness signature) FAERBER & CLIFF Florida Bar No. 237231 ATTEST: DWIGHT E. BROCK, CLERK tt st is' to Chafn n's APpioved as tO, f6~ ~d l~g~ sufficiency: Co~ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Page 4 of 4 AMENDMENT TO LEGAL SERVICES AGREEMENT THIS AMENDMENT TO LEGAL SERVICES AGREEMENT made this 28~ day of September 1999, between the Board of County Commissioners, (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tallahassee and Tampa, Florida, ("Carlton, Fields"). Whereas, the County and Carlton, Fields have previously entered into a Continuing Retention Agreement dated June 22, 1999; and Whereas, the County has expressed a desire to obtain the services of outside counsel and, specifically, Carlton, Fields, to advise, assist and work with the Board of County Commissioners, the County Attorney and County staff in the land use / property fights area; and Whereas, by virtue of the diverse special expertise and resources of Carlton, Fields, said firm can provide the desired services. NOW THEREFORE, the parties hereto agree as follows: The Continuing Retention Agreement dated June 22, 1999 by and between the County and Carlton, Fields is hereby amended to provide that the County, through its Community Development and Environmental Services Division, agrees to pay the following named attorneys as compensation for legal services: Nancy G. Linnan at the rate of $220.00 per hour and Michael P. Donaldson at the rate of $180.00 per hour. Carlton, Fields through the aforenamed attorneys, and its use of other attorneys and legal staff of the firm shall provide the legal counsel and all assistance requested relating to land use, property fights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto. Page 1 of 2 9 Except as expressly amended hereabove, the terms and conditions of said Continuing Retention Agreement are unchanged. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: CARLTON, FIELDS, WARD, EMMANUEL & SMITH, P.A. (Primed witness signature) (Printed witness signature) Nancy C~. L~'nn~n,'~uire' ATTEST: E. BROCK, CLERK .Ap~i'~ved as to form and legal sufficiency: . 15hvid C. weigei ~) County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Page 2 of 2 · RECEIVED J/~N 3 1 2000 NAPLES SERVICE CENTER THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (h_ercinaftqr~r.g~rred to as "Agreement and Release"), is entered into and made on this 2J"~¢ day of~, :~r by and between STATE FARM MUTUAL INSURANCE COMPANY, aYs/o MICHAEL Mc CREA and MICHAEL Mc CREA, Individually, (hereinafter referred to as "plaintiffs") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Collier Count)'"). WITNESSETH: WHEREAS, the plaintiffs have initiated and filed a lawsuit on June 30, 1997, against Collier County in the Circuit Court in and for the Twentieth Judicial Circuit, Collier County, Florida. entitled .rrt Jr n m n / /h , r ~ / ' 're t 'v' t v i r t , CaseNo. 97-2219CA-01-TB; WHEREAS, Collier County received a copy of the aforementioned lawsuit on July 22, 1997: WHEREAS, the substance of the laxvsuit filed by the plaintiffs alleges damages due to an alleged failure of employees of the Collier County Transportation Department to properly maintain a traffic control device at the intersection of Golden Gate Boulevard and Weber Boulevard on or about July 3, 1995, in Collier County, Florida; WHEREAS, Collier County denies liability for the claims and damages asserted and alleged by plaintiffs in their complaint; WHEREAS, the parties desire to settle and compromise any and all aspects of the issues raised and disputed in the lawsuit between the plaintiffs and Collier County relating to the damages allegedly suffered as stated in the complaint; NOW THEREFORE, in consideration of the promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: I. The parties adopt and affirm the recitals set forth above as true and correct as if repeated verbatim. 2. That Collier County agrees to pay the total of Five-Thousand ($5,000.00) dollars and 00/100 cents to the plaintiffs, representing the total amount due to the plaintiffs for damages allegedly sustained by plaintiffs on or about July 3, 1995, at the intersection of Golden Gate Boulevard and Weber Boulevard, in Collier County, Florida, said amount to be paid in accordance with and subject to the provisions set forth herein. RECEIVED NAPLES SERVICE 3. The payment of Five-Thousand ($5,000.00) dollars and 00/] OO cents shall represent CENTER ail amounts due to plaintiffs for the dan~ages alleged in their complaint and will resolve all legal or equitable claims or challenges asserted in said complaint and/or any and ail claims or challenges which could have been made by plaintiffs relating to this lawsuit, 4. Payment from Collier County to the plaintiffs shall be accompanied by one lump-sum payment of Five-Thousand ($5,000.00) dollars and 00/100 cents on or before March 31,2000. 5. No settlement payment has been made by Collier County to the plaintiffs relating to this matter as of this date. 6. Both Collier County and the plaintiffs agree to bear their own attorney's fees and costs associated with and accumulated as a result of the incident alleged in the complaint. 7. In consideration of the payment by Collier County as stated in paragraph three (3) and paragraph four (4) of this Agreement and Release, the plaintiffs hereby remise, release, quit, satisfy, and forever discharge Collier County of any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which the plaintiffs now have, or which they may have in the future against Collier County, that refer, arise from, or in any way relate to the incident alleged in their complaint and/or as a result of this lawsuit. 8. The plaintiffs agree to terminate and forever abandon the claims as stated in their complaint, as well as those filed with the Florida Department of Insurance, relative to this matter at such time as the instant Agreement and Release is approved by the Board of County Commissioners of Collier County. 9. Each of the plaintiffs and Collier County agree that any and all claims which may have emanated from the alleged property damage or injuries sustained by the plaintiffs on July 3, 1995, are precluded by execution of this Agreement and Release and acceptance of payment of Five- Thousand ($5,000.00) dollars and 00/100 cents by Collier County to thc plaintiffs. 10. This Agreement and Release shall be construed according to the laws of the State of Florida and any terms of this Agreement and Release may not be changed orally. 11. This Agreement and Release shall be binding upon the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and assigns and shall inure to the benefit of the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and assigns. 12. The parties have not been influenced in any manner or to any extent to enter this Agreement and Release by any representations or statements of the other parties, or by any person or persons representing any other party. JAN 3 1 2000 13. AH parties hereto understand and agree that there are no oral or other a~b~8~I~R¥1CE CENTER a~angcments, representations or understandings between them relevant to the matter encompassed and understood by this Agreement and Rdcase. 14. This Agreement and Release is intended to compromise and resolve all differences and claims between the parties relating to any and all damages incurred by the plaintiffs on July 3, 1995, at the intersection of Golden Gate Boulevard and Weber Boulevard in Collier County, Florida, and the challenge thereto and in no way constitutes a precedent or an admission of any party of liability for any claims of the respective parties. However, should the Board of County Commissioners of Collier County fail to approve this Agreement and Release, the parties arc in no way waiving any claim or defense relative to the matter contained herein. The parties also agree that nothing in this Agreement and Release shall preclude or limit either party from enforcing the terms of this documents in the event ora breach by either party. 15. Should any provision ofthis Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be effected thereby and such an illegal or invalid part, tem~, or provision shall be deemed not to be a part of this document. 16. This Agreement and Release sets forth the entire agreement by and between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. "' DAT ' ~,,¢,, : "'. ' ' '.i AqTF£ST: .' :i ~ :.~: .-,'., ~..I)¢)f-~HT:E2 BROCK, CLERK .: ....: .: . signature onl~. ~ence Smuel Pivacek, Esquire A~omey At ~w BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC'KIE CHAIRWOMAN Collier County Attorney WITNESSES: ' Printed/Typed Name Da ~ -, Printed/Typed Name Date For State Farm Mutual Automobile Ins. Co. RECEIVED 3 i 2000 Printed/Typed Name Date 27~-~- Mr. Michael Mc Crea (sig~fure) or State Farm Authorized Representative Mr. Thomas Boethig (signature) "~ ,q'/,~ - Printed/Typed Name Date THOMAS BOETHIG, the duly authorized representative for plaintiff, State Farm Mutual Automobile Insurance Co., in the instant litigation, hereby swears and affirms of his personal knowledge that he has read and understands the Settlement Agreement and Mutual Release, the terms and conditions thereof, and accepts them of his own free will and volition. By execution hereof, THOMAS BOETHIG, swears and affirms that he is one and the same person as the plaintiff, State Farm Mutual Automobile Insurance Co., or is the duly authorized representative thereof, in the instant litigation and attests to the validity and authority of his signature thereto. THOMAS BOETHIG STATE OF FLORIDA: COUNTY OF LEE: SS: 9D RECEIVED JAN 3 1 2000 NAPLES SERVICE CENTER The foregoing instrument was_.~acknowledged before me this '/ day of February, 2000. by THOMAS BOETHIG, who ~'~rsonally known t~ me or who has produced as ~dentfftcahon andwho did take an oath. (NotaD, Seal) Signature of Notary Public I ~ ' -'v. , . ,-c[~. C'~ (Print, Type or stamp Commissioned Name of Notary Public) MICHAEL Mc CREA, plaintiff in the instant litigation, or his Authorized Representative From State Farm Mutual Automobile Insurance Company, Thomas Boethig, hereby swears and affirms of his personal knowledge that he has read and understands the Settlement Agreement and Mutual Release, the terms and conditions thereof, and accepts them of his own free will and volition. By execution hereof, MICHAEL Mc CREA, or his Authorized Representative, swears and affirms that he is one and the same person as the plaintiffin the instant litigation and attests to the validity and authority of his signature thereto. MICHAEL Mc CREA or AUTHORIZED REPRESENTATIVE STATE OF FLORIDA SS: COUNTY OF LEE The foregoing instrument was acknowledged before me this ~ day of February, 2000, by MICHAEL Mc CREA, or his Authorized Representative, who is~._'~'sonally known to me or who has produced , as identific'~i6-fi"find who did take an oath. Signature of Notary Pubhc ~-")4/ cfi-' ~ ) (Print, Type or Stamp Commissioned Nmmc of Notary Public) A ~STA~I~SETf. AGR IOA RESOLUTION NO. 99-385 A RESOLUTION APPOINTING CASEY WOLFF TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the lmmokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Casey Wolff, Immigration Lawyer, is hereby reappointed to the Immokalee Enterprise Zone Development Agency to fialfill the remainder of the vacant term, said term to expire on April 4, 2003. This Resolution adopted after motion, second and majority vote. DATED: September 28, 1999 ATTEST: DWIGHT E. BROCK, Clerk : .~'.:",~'::.. .. ",-^~r~ed as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. an Article V Trust Fund Grant-in-Aid Agreement for ~ County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), and the ~ Judicial Circuit (the "Grant Manager"). The parties agree that: AG The OSCA will pay the Grantee up to $49,204 as a grant-in-aid pursuant to Specific Appropriation 2124 of tile 1999-00 General Appropriations Act and §25.402, Florida Statutes, for costs incurred under Article V, Florida Constitution, in operating tile state courts system. Grant funds will be paid out in 4 disbursements prior to July 31,2000. Payments will be contingent upon sufficient County Article V Trust Fund collections. The Grantee has a population of 75,000 or greater, and will use grant monies provided under this Agreement in accordance with §25.402(I)(d)(2), Florida Statutes, for expert witness fees in criminal cases, court reporting and transcribing costs in criminal cases, and costs associated with the appointmen! of special public defenders. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than September 30, 1999. The OSCA will disperse funds on or before November 1, 1999, February I, 2000, May 1, 2000, and August 1,2000. The Grantee, in consuitation with the chief judge of the ~ Judicial Circuit, will submit a detailed, written plan for use of grant funds to the OSCA no later than September 30, 1999, for the OSCA's use in reporting to the Florida. Legislature. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with the requirements of §219.075, Florida Statutes. The Grantee will return to the OSCA all interest accrued on grant funds for reversion to the General Revenue Fund unallocated. The Grantee will release grant funds in accordance with ~ County purchasing policies and rules. 5. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. C. This Agreement is subject to the following terms and conditions: The Grantee will maintain proper documentation of all monies spent in a manner sufficient for proper pre- and post audit. The Grantee will maintain all expenditure records for a period of 4 years following the conclusion of this Agreement. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with the requirements of rule 2.051, Florida Rules of Judicial Administration, and Chapter119, Florida Statutes, as it may apply. 1 of 2 (For less than $25,000) On or before March 31, 2001, the Grantee will prepare a sworn statement attesting to the Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the statement to the OSCA and the Auditor General. (For $25,000 to $100,000) On or before March 31,2001, the Grantee will have an audit performed in accordance with the Auditor General rules promulgated pursuant to §l 1.45, Florida Statutes, or submit a statement prepared by an independent certified public accountant attesting to Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the audit to the OSCA and the Auditor General. (For more than $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the Auditor General rules promulgated pursuant to §11.45, Florida Statutes. The Grantee will submit copies of the audit to the OSCA and the Auditor General. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the right to terminate the Agreement on 5 days written notice by certified mail. In the event of termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with the Agreement, for reversion to the Article V Trust Fund un allocated. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMiNISTRATOR Kenneth R. Palmer State Courts Administrator Date GRANT MANAGER The Ito,~o,'ahle William Blackwell, Date ('hicf Judge 'i'xxe,ttie:h Judicial Circuit GRANTEE ~man Board of County Commi.qsl0~ ....... "- ' Collier Cot, nty ":::':}:": :~~~"" , e:y.:.;' ~...~s ~ ,,, t'" ',':"' 2 oi'2 11A 2 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advcnisemcn, [-] Other: (Display Adv.. location, etc.) Originating Depl/Dis': Comm. Dev. Scn',/Plannmg Petition No. (I£ none. g~vc bricrdcscnpHonl: R.99417 Person: /d~..-..-~.,~- ~'--.,--~-,-~ Date: Petitioner: (Name &Addrcss): William Minmclli. 8657 N. Gilmore Rd.. Fairfield. Ohio 45OI3 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, aHach scparale shecl) Torrance L. Kepple. P.E.. Kcpple Engineering. Inc.. 3806 Exchange Ave.. Naples. FL 34 Hearing before XXX BCC B..~Z_A_- ~---~r------... Reques,ed Heanng da,e:~,ascd, on adveniscmem appea ' g~5 ~.,ys Newspaper(s) to be used.' (E-al~plc~c~Yrl~ponant): before hearing. XXX Naples Daily Ncws Olhcr [] Legally Required Proposed Text: R-99-O7. Terrancc L. Kepplc. P.E.. of Kcpple Engineering. lac.. rcprescnling William Minniclli, requesting a rezone from "A" to "RSF4' for 157 single family dwelling units for propcrty localcd ~,.csl of San Marcos Boulevard. in Section 31. Township 49 South. Range 26 East. Collier Count).'. Florida. consisting of 3'.)36:t: acres. Companion petition(s), if any & proposed htr: [~Peti~ion Fee include advertising cpsl'.;' [~]"~Y'cs [] No It' Yes. what accounl should be charged for advcrlising costs: ?~13/13~.24491 ltl. PO #91649~.~' ( [~/iew~ [by: j Approved by: ~sion Head Date Counly Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS An For hearings before BCC or BZA: Initiating per~n to complete one coy and obtain Division Head approval before submilting to County Manager. Note: If legal dm:ument is invoh'cd, be sure that any necessary, legal review, or request for same, is submitted to Count)' Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initialing Division he. ad to approve and submil original to Clerk's Office. rctaining a copy for file. ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED WEST OF SAN MARCOS BLVD IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "RSF-4" FOR SINGLE FAMILY RESIDENTIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance L. Kepplc, P.E. of Kepple Engineering, Inc., representing William Minnielli, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by' reference herein, and located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" to "RSF-4" and the Official Zoning Atlas Map Number 9631N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions described by Exhibit "B", attached hereto and incorporated by reference herein. This Ordinance shall become effective upon filing with thc Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day offs, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: PAMELA S. MAC'KIE, Chairwoman APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY ~/at~min/~ue/R-99-07 REZONE ORDINANCFJ t 12/3 ~*. Exhibit B R-99-7 Subject to the following conditions: 12B 1, August 13, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition R-99-07 Dear Pam: Please advertise the above referenced notice one time on Sunday, September 12, 1999 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, E~fman, Deputy Clerk Purchase Order No. 916495 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 28, 1999, in the Boardroom, 3rd Floor, Administration Bui~g, ColliT 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 AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGUTJ~TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED WEST OF SAN MARCOS BLVI). IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "RSF-4" FOR SINGLE FAMILY RESIDENTIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition R~99-7, Terrance L. Kepple, P.E. of Kepple Engineering, Inc., representing William Minnielli, requesting a fezone from "A" to "RSF-4" for 157 single family dwelling units for property located west of San Marcos Boulevard, consisting of 39.36+ acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and ar~ available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item mus% 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. 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 PAMELA MAC'KIE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) August 13, 1999 Mr. William Minnieill 8657 North Gilmore Road Fairfiled, Ohio 45013 Re: Notice of Public Hearing to Consider Petition R-99-07 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, Septeraber 28, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure !28 1 August 13, 1999 Mr. Terrance L. Kepple, P. E. Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition R-99-07 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure · I~ I~LLIR BOFFI4A~ . Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 41~016 NAPLES FL 34101-]016 REFERENCE: 001230 #916495 5?932250 91-102/R-99-7 NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ho on oath says that she serves al the Assistant Corporate Secretary of the Naples Oatly News, a daily newspaper published at Naples, in Collier County, Florida: that the attached co$~y of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Newa is a newspaper published at Naples, in said Collier County, Florida, and that the said newapaper 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 1 year next preceding the first publication of the attached copy of advertisement; and affiant further ~aya that she has neither paid nor promised any person, firm or coporation any dtaco~nt, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 09/~2 AO SPACE: 136.000 INCH FZLED ON: 09/13/99 .......... ................................. S~rn tO a~d Subscribed before me this :~'.~"tda7 of '~.~~ q~&C( PersonalLy kr~ by ee ~ t~ ~ ~ ~ ~ ' ' 91.102/lea~.? the ~r~.. -~-- .~ AMENDING NANCE NUMadE LATION~ FOE UNINCOE~OEA~aD ,REA O~ C~LIER ~EREIN D&SCR~D SOUTH, EANGE EAST; tOLLlEE COUNTY/' FLORIDA, ~OM "A" TO F~ ~ F~y VDI~ F~ S$10N ~TIPULA-' TION$~ '/AND ~Y Kle tomfly: mlnll~ot~ ~PRIO~ to ~ersens . wlthlng . COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XX Normal legal Advertisement (Display Ads'.. location. etc.) [] Other: Originating Dcpt/Div: Solid Waste Dept. - Public Works Di,,'~ Date: 08/13/99 Person: David Russell Petition No. {If none. give brief dcscription): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clcrk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appcan a¥s before hearing. September 28, ~---~' ' C~'~ ..... 1999 News,oaper(s) to be used: fComplete only if important): ~ Naples Daily News [] Olhcr ~ Legall> Rcqmred Proposed Text: (Inchide legal description & common location & Size: See attached notice. Companion petition(s). if any & proposed hearing date: Peticon Fee include adverlising cost'? [] Yes [] No If Yes. what account should be charlled for advertisinp. e~ts: 47a- Diossion Administrator or Designee Date List Attachments: Public Notice DISTRIBUTION INSTRUCTIONS For heatings before BCC or BZA: Initiating person to complete one co.',' and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved. be sure that an.,,' neeessay' legal review. or reqtle.~! for same. is submitted to County Attorney before submitting to Count.,,' Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other beanngs: Initiating Division head to approve and subnut original to Clcrk's Off.ice. retaining a cop)' for lilt Date Received: ~ Date of Public NOTICE Notice is-hereby given that the Board or County Commissioners or Collier Counly, on Tuesday, Scptcmber 28, 1999. at 9:00AM. in the Boardroom, 3"~ Floor, Administralion Building. Collier County Government Center, 3301 East Tamtaint Trail. NaNcs. Florida, will consider a Resolnlion to adjust SOLID WASTE COLLECTION AND DISPOSAL RATES Subjccl to Board approval, the clTcctivc date for the new talcs will be OCTOBER I, 1999 Mixed loads of biomass (land clearing, plant trimmings, and grass cuttings) and other waste shall not be accepted. LANDFILL RATES Present Rate Pr..Z9.poscd Rate General Waste $26.64/Ton $ 27.24/Ton S_~cial Wastes Tires $90,58/Ton $92.63/Ton Tires cut into 8 equal pieces$26.64/Ton $27.24/Ton Per Tire Rate 16" or Larger Size $4.00 per tire No Change 15" or Smaller Size $1.00 per tire No Change Biomass $14.39/Ton $14,72/Ton Processed'Biomass-2" minus in size $ 7.20/Ton $ 7,36/Ton ConstructionJDemolifion $21.3 I/Ton $21.79/Ton Clean Fill:6" or more $ 4.26FFon $ 4.36/Ton Clean Fill: Less Ihan 6" No Charge No Change Special Waste I Special Waste II Special Waste III $133.20/incident plus 2X applicable base rate Two limes applicable base rate $10.66 per ilem $136.2 I/incident plus 2X applicable base rate Two times applicable base rate* $10.90 per itcin *Except sludge from Collier CounD' Utilities at $21).76 per ton. TRANSFER STATION RATES $4.25/useffautomobiles and slation wagons both full-size and compacts (less Ihan ¼ cubic yard) $8.50/cubic yard/trucks. trailers. vans (volume rounded to nearest yard) (more than V~ cubic yard) Car or lruck fires: $4,00/tire 16" or larger rim size. Car or track tires: $1.00/tJrc 15" or smaller mn size. LOAD ROUNDED TO FULL CUBIC YARD There will be NO CHANGE in rates from the previous )'car. Rccyclablc materials will continue to be acceplcd at no charge. RESIDENTLAL COLLECTION AND DISPOSAL FEES (Includes Collection of Rccy. clables) Sen'ice Area Number One - Waste Management of Collier Count)', inc. ('WM1) Curbsidc T',viceYWcck Pr sent~ Prosed Rate Collection $ 78.03 $ 78.113 Disposal 32.23 31.87 Annual Fee $ I I O. 26 $109.90 Special Request Backdoor Sc~'icc - Scrx'icc Area Number One: $350.00 per year in addition to the annual assessment for the unit. Service Area Number Two - lmmokalee Disposal Company Curbside Twice/Week Present Rat.__~e Prosed Rate Collection $ 80.59 $ g0.59 Dispo.~fi 32.23 31.87 Annual Fee $112.82 $I 12.46 Back Yard Twice/Week Present Rate__. Prosed Rate Collection $107.43 $107.43 Disposal 32.23 31,87 Annual Fee $139.66 $139.30 EFFECTIVE DATE 10/!/99 SIZE 2 CU. YD. 4 CU. YD. 6 CU. YD. 8CU. YD. RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF COLLIER COUNTY INC. BULK CONTAINER COMMERCIAL RATES RATE PER .MONTH FREQ. PER COLLECTION WEEK DISPOSAL TOTAL I 69.34 13.06 82.40 2 111.38 26.14 137.52 3 146.34 39.20 185.54 4 209.73 52.27 262.00 5 218.60 65.33 283.93 6 255.92 78.41 334.33 88,87 26.14 115.{}1 164.70 52.27 216.97 219.18 78.41 297.59 284.33 104.55 388.88 344.76 130.68 475.44 418.20 156.81 575.(11 128.54 39.20 167.74 203.78 78.41 282.19 315.74 117.62 433.36 386.22 156.81 543.03 499.35 196.02 695.37 580.49 235.21 815.70 I 144.02 52.27 196.29 2 257.53 104.55 362.08 3 362.88 156.81 519.69 4 477.58 209.08 686.66 5 581.73 261.37 843.10 6 704.63 313.63 1.018.26 EXTRA CONT. SERV. 17.94 PER PICKUP 35,85 PER PICKUP 53.77 PER PICKUP 71.69 PER PICKUP 1 Restart Fee: $59.26 120 EFFECTIVE DATE 1011199 SIZE 2 CU. YD. 4 CU. YD. 6 CU. YD. 8 CU. YD. FREQ. PER 3VEEK RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT F OLL1ERC UNTY IN . BULK COMPACTOR COMMERCIAL RATES RATE PER MONTH COLLECTION DISPOSAL TOTAL I 121.45 71.11 192.56 2 188.57 142.26 330.83 3 309.61 213.36 522.97 4 3(18.16 284.47 592,63 5 3¢}7.64 355.63 663.27 6 368.96 426.72 795.68 I 214.88 142.26 357.14 2 387.73 284.47 672.20 3 524.16 426.72 9511,88 4 662.117 568.98 1.231.05 5 799.44 711.18 1,510.62 6 938.59 853.44 1,792.(13 313.33 213.36 526.69 451.88 426.72 878.60 729.27 640.09 1.369.36 850.86 853.44 1,704.30 1,141.57 1,066.80 2,208.37 1,354.45 1,280.16 2,634.61 I 341.611 284.47 626.117 2 578.75 568.98 I. 147,73 3 814.86 853.44 1.668.311 4 1.052.48 I. 137.91 2.190.39 5 1.288.39 1.422.42 2.710.81 6 1.527.31.) 1.706.89 3.234.19 EXTRA CONT, SERV. 511.57 PER PICKUP 77.41 PER PICKUP 116.11 PER PICKUP 142.94 PER PICKUP Restart Fee: $59.26 EFFECTIVE DATE 10/1/99 RATE SCHEDULE FOR SERVICE AREA NO. 2 IMMOKALEE DISPOSAL SERV! EC~_~OMPAN¥ BULK CONTAINER COMMERCIAL RATES SIZE 2 CU. YD. 4 CU. YD 6 CU. YD. FREQ. PER WEEK RATE PER MONTH COLLECTION DISPOSAL TOTAL 53.33 12.71 66.04 104.30 25.44 129.74 130.37 38.15 168.52 159.99 50.87 210.86 183.69 63.58 247.27 201.47 76.31 277.78 I 82.98 25.44 108.42 2 154,08 50,87 204,95 3 219.24 76.31 295.55 4 278.48 101.75 380.23 5 331.81 127.18 458.99 6 379.22 152..61 531.83 I 148.15 38.15 186.30 2 219.24 76.31 295,55 3 284.41 114.47 398,88 4 343.66 152.61 496,27 5 397.00 190.77 587.77 6 444.38 228.91 673.29 EXTRA CONT. SERV, 18.47 PER PICKUP 36.91 PER PICKUP 55.37 PER PICKUP Restart Fee: $59.26 EFFECTIVE DATE 10/1/99 E~IPMENT SIZE 20 CUBIC YARD 30 CUBIC YARDS 40 CUBIC YARDS COMPACTOR RATE SCHEDULE FOR SERVICE AREA NO. 1 WASTE MANAGEMENT OF COLLIER COUNTY INC. ROLL-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS MONTHLY EQUIPMENT __CHARGE $ 88.90/CONTAINER $100.75/CONTAINER $ I 12.59/CONTAINER VARiES WITH EQUIPMENT HAUL C~ HARGE $88.90- 140.52/LOAD* $88.90 - 140.52/LOAD* $88.90- 140.52/LOAD* $207.4 I/LOAD 1 *Varies depending on distance from disposal site. Roll-offrates do not include disposal charges. Reinstatement charge for suspended service due to non-payment - $59.26 per suspension. Recreational vehicle parks, mobile home parks and mobile home subdivisions that contract to receive curbside service shall pay the commercial standard container rate multiplied by the number of rented or individually-owned recreational vehicles or mobile homes within such park(s) or subdivisions. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ellie Hoffman, Deputy Clerk (SEAL) RESOLIJTION No. 99- 120 RESOLUTION SUPERSEDING RESOLUTION 98-393 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WIlEPEAS, The Board of County Commissioners through Counly Ordinance No. 1~4-3 [ has i,nplcmcntcd lite user fee system for solid wasle to all public ;ntd private users. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihal SECTION I: Rcsohslios~ No. 9R-393 is hereby SUlX:rsedcd in its esslirckv. SECTlON 2: Tbc following fee schedule is ~pprovcd for all ~sscrs of thc Collier Cous~ty Solid Waslc fi~cilitics: Landfill Fees: All fees are based on ccrlificd scalc wcight, per cubic y;srd fcc, or per lirc fcc. No rosmding. Mixed loads or biomass (land cicaring, plant trimmings and gr;~ss cuttings) and olbcr waslc shall nol ~ acccplcd. Gcncml Waslcs: $27.07/Io~ S~cial Waslos: $22.62/to1~ for Conslnlcliot~Dctnolilion Debris. $27.07/Ion for lircs c~t into ~ equal pieces S92.03/IOn for whole tires. Car or Insck ~ircs: $4.~)/tirc 16" or larger size (no change fro.s FY99) Car or [tuck lites: $ I.OO/tirc 15"or smaller size (no change fron~ FY99). [~rgc tractor or hoaxT equip~cn[ lircs on ~r ton basis only. $19.94/Ion for Biomass. $9.97/Ioll for pr~cs~d Biomass 2" or Ic~ in size. No charge for clean fill matcrial suilablc as daily cover less than 6 inches in size. $4.33/Ion for clean matcri:d suilablc for u~ as backfill grcalcr dian 6 il~chcs in size. Definitions of S~cial Wastes: S~cial Waste I: Diffscull-lo-bandlc matcrial rcqlfiring prc-acccptancc silc preparation (example: a~stos, ash, ~wdcrs). S135.33/incidcnl, plus 2 limes applicable base r;llc. S~cial Wa~lc I1: Waslc requiring s~cial acccplanCC pr~cdurcs, bill no s~cial silc preparation. Two li[ncs applicable base ra~c, cxccpt sludge (z~ S20.76/1osl for Collicr Co,inly Ulililics. S~cial Waslc II1: Wastes Ih;ll ;ire prohibilcd by law or rcg~dalion for Ilsc landfill, b~ll arc dclmsilcd at ~ndfill working area and mus~ ~ removed by conlraclor (example: wbolc fires, while g~s, Icad-acid ballcries) $10.83 ~r ticre. Transfer $tali0n Fccs (No ch;mge from FYg9 Rales): $4.25/use/automobiles and station wagons bolh Afil-size and compacts (less titan 'A cubic yard) $8.50/cubic yar~tmcks, lrnilers, vans (volume rounded to nearest yard) (more lhan 'A cubic yard) Car or track fires: $4.00/tirc 16" or larger rim size. Car or track tires: $[.00/tire 15" or smaller rim size. Large I~c~or or hca~7 equipment tires accopied only at laudfill. WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJECTS Waiver of dis~)~l fees for comareally and ncigh~rhood cl~n-ups and righl~f-w;,y clean-ups by volunteers or Counl)' agencies requcsmd m lidvance may bo approved by the Co',mnly Admmislrator or his designee. RESIDENTIAl. COLLECTION AND DISPOSAI. FEES (Includes Collection of Rem'clablcs) Sea'ice Area Number One: Curbstoic Twice/week Collection Fee $ 7803 +Disposal Fee 31.67 =Anmml Fee $ I09.70 Special Request Backdoor Service - Sen'ice Area Number One: $350.00 per )'car in addition to the annual assessment for Ihc unit. Collection Fee +Dis~sal Fee ~Annual Fee Service Arc:l Number Curbside Backyard Twice/week TwieeAvcek 80.59 $107.43 3167 31 67 $112.26 $139.10 Rec','cline; Bin Fees: Each residential unit is provided an inilial biu at no charge by Ihc Counb'. Replacement of bins due to nomsal wear ',,,'ill ~ provided by the Franchiscc at no charge to IJl¢ rcsidenlial unit. Unsc~'iceable bins must be prcsenled in exchange for replacemeal bros. Rcplaccmcnl of bins due to loss or negligcuce of residential unit, to be paid for by Ihe customer at a cost of $5.00 per bin. Bins musl remain v,'ith Ihc residential unit regardless of chrmge of unit ownership. Standard Container Fees: Each residential unit is provided ;in initial coalairier al no charge Io the unit owner. Comaincrs will remain wilh Ihe r¢sidemial unit regardless of change in unit ownership. Replacement of conlathers due to normal w~r will ~ provided by the franchisee. Unsc~'iccable containers nmsl ~ presented for exchange. Replacement of containers duc lo loss or ncgligeitce of the residential unit will be paid by the customer in an alllOunt equal to the fnmchisee's cost for the coulaincr, plus a .$5.1){) dclivco' fee. Each customer is entitled IO one change of container size at no additional cost. A delivery charge of $5.00 will be paid by the cuslomer for additional changes in container size. Customers requesting an additional conhainer will pay an amount equal to the franchisee's cost, pitts n $5.00 delivery. fee. COMMERCIAL COI.LECTION AND DISPOSAl. FEES c 'ice Ar , N nt r he' - Mandalory multi-family rc%'cling collection fee is :I;.92 per-nnit par-month rvic~nber Two: - Mandatory multi-family recycling collection fee is :$.95 per-unit pcr-momh oremerci I i mlec: See Artached Schedules (4 pages) - Attachment No I SECTION The effective date of titis Resolution shall be October I, 1999. Titis Resohnion adopted this 281h day of Seplcmber. 1999 after motion. second and majority vole. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUI',FI'Y COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE CItAIRWOMAN Approved as to form and legal suITmicno,.,: Attachmenl No. i Page I of 4 EFFECTIVE DATE 1011199 SIZE 2 CU. YD. 4 CU. YD. 6 CU. YD. 8 CU. YD. FREQ. PER WEEK RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OFCOIA.,I'R~ C,(I) INTY INC. BULK CONTAINER COMMERCIAl, RATES RATE PER MObrFtt COLI. E CTIO_._~ DI~ TOTAl. I 69.34 12.98 142,32 2 111.38 25,96 137.3-I 3 146,34 38.94 183.28 4 209.73 51,93 261,66 5 2 I g.60 64.91 283.51 6 253.92 77.89 333.81 I 88.87 25.96 114.83 2 164.70 51.93 216.63 3 219.18 77.89 297,07 4 284.33 1{)3.87 5 344.76 129.82 474.58 6 418.2[) 155.78 573.98 I 128.54 38,94 167.4,'t 2 203.78 77.89 28167 3 315.74 11684 432.514 4 386.22 155.78 5 499,35 194.74 694.09 6 580.49 233 67 814.16 I 145.76 51.93 197.69 2 260.64 103.147 364.51 3 367.27 155.78 523.115 4 483.34 207,70 691,04 5 588.77 259.65 84842 6 713.15 311.57 1,024.72 EXTRA CONT. [ERV. 17.94 PER PICKUP 35.85 PER PICKUP 53.77 PEP, PICKL:P 71,69 PER PICKUP Restart Fee: $59.26 P'~c 2 of 4 EFFECTIVE DATE 10/1/99 SIZE FREQ. PER WEEK RATE SCItEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF COLIAER COUNTY, INC. BULK COMPACTOR COMMERCIAL RATES RATE PER MONTII ~'OLI.EQTlON DISPOSAL TOTAL 2 CU. YD. I 121.45 71.39 192.84 2 188.57 142.83 331.40 3 309.61 214.21 523.82 4 308.16 285 61 593.77 5 307 6-1 35705 6(,1 69 6 368.96 428.42 797.3g 4 CU. YD. I 214.88 142.83 357 71 2 387.73 285.61 673.34 3 524.16 428.42 952.5S 4 662.07 571.25 1.233.32 5 799.44 714.02 1.513.46 6 938.59 856.85 1,795 44 6 CU. YD. I 313.33 214.21 527.54 2 451.88 428.42 88o3O 3 729.27 642.64 1,37I '91 4 850.86 856.85 1.707.7 I 5 1,141.57 I,fi71.06 2.212.63 6 1.354.45 1.285.27 2.639.72 8 CU. YD. I 341.60 285.61 627.21 2 578.75 571.25 1,15000 3 814.86 856.85 1,671.71 4 1.052.4,"4 1.142.46 2,194.94 5 1,288.39 1,428.10 2,716.49 6 1.527.30 1,713.71 3,24 I.O 1 EXTRA CON'F. SERV 5O57 PER PICKUP 77.41 PER PICKUP 116.11 PER PICKUP 142.94 PER PICKUP Restart Fee: $59.26 Attachment P'-,~c 3 or 4 1 EFFECTIVE DATE 10/1/99 EQ~JTpMENT SIZE 2O CUBIC YARD .30 CUBIC YARDS 40 CUBIC YARDS COMPACTOR RATE SCilEDULE FOR SERVICE AREA NO, I WASTE MANAGEMENT OF COI.I.IER COIJN'I'Ys INC~ ROLL-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS MON'I'IILY EQUIPMEN'r OIARGE $ Y,8.90/CONTAINER ~ 1OO.75/CONTAINER $ I 12,59/CONTAINER VARIES WITH EQUIPMENT HA.UL $88.9O- 110.52/I.OAD* $88 90 - IIO,52/I. OAD' $88.9(I- 140.52/I.OAD· 52[)7.-1 I/LOAD *Varies depending on distance from disposal site. Roll-offrates do not include disposal charges. Reinstatement charge for suspended service due to r~on-paymem - $59,26 per suspension. Recreational vehicle parks, mobile home parks and mobile horne subdivisions that contract to receive curbside service shall pay the commercial standard container tale multiplied by the number of rented or indMdually-owned recreational vehicles or moblie homes within such park(s) or subdivisions Atlachmenl No. I Page 4 of 4 EFFECTIVE DATE 10/1/99 RATE SCIIEDULE FOR SERVICE AREA NO. 2 IMMOKALEE DISPOSAL SERVICE COMPANY BULK CONTAINER COMMERCIAL RATES 2 CU. YD. 4 CU. YD. 6 CU. YD. FREQ, PER WEEK RATE PER MONTH LL~ 1S P.p__P._Q_$_~. TOTAl. I 53.33 12.63 65.96 2 104.30 25.26 129.56 3 130.37 37.89 168.26 4 159.99 50.53 210.52 5 183.69 63.16 246.85 6 2(I 1.47 75.79 277.26 I 82.98 25.26 1(38.24 2 154.08 50.53 204.61 3 219.24 75.79 295.o3 4 278.48 101.07 379.55 5 331.81 126.32 458.13 6 379.22 151.58 530.80 1 148.13 37.89 186,1}4 2 219.24 75.79 295.o3 3 284.41 113.69 398.10 4 343.66 151.58 495,24 5 397.00 189.49 588.49 6 444.38 227.37 671.75 EXTRA CONT. ~eRV. 18.47 PER PICKUP 36.91 PER PICKUP 55.37 PER PICKUP Restart Fee: $59.26 August 18, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Solid Waste Collection and Disposal Rates Dear Pam: Please advertise the above referenced notice one time on Friday, September 17, 1999, and send the Affidavit of Publication, in duplicate, together with charges involved this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: 470-173410 12C Noti~ is hcreby given thnt thc Board of CourtS' Commissioners of Collicr Count', on Tuesday', September 28. 1999. at 9:00AM, in the Boardroom, 3~ Hoot, Administration Building, Collier CourtLy Government Center, 3301 East Tamiami Trail, Naple& Florida, will consider a Resolution to adjust SOLID WASTE COLLECTION AND DISPOSAL RATES Subject to Board apprw;'al. the effective date for the new rates vdll be OCTOBER 1, 1999 Mixed loads of biomass Oand clearing, plant trimmings, and grass cuttings) and other waxte shall not be accepted. LAND FU.L RATES General Wa~tc Special Wastes Tires Tires cut into 8 equal p~eces Per Tire Rate 16" or Larger Size 15" or Smaller Size Biomass Processed Biomass-? minus in size Construction/Demolition Clean Fill:6" or more Clean Fill: Less than 6" Special Waste I Special Waste II Special Waste III Present Rate Pro....~.posed Rate $26.64/'Ton $ 27.07/Ton $90.58/Ton $92.03/Ton $26.64/Ton $27.07/Ton $4.00 per tire No Change $1.00 per fire No Change $14.39/Ton $14.62/Ton 1 $ 7.20/Ton $ ?.32/Ton 521.3 l/Ton $21.65/Ton $ 4.26/Ton $ 4.33/Ton No Charge No Change $133.20/incident plus 2X $135.33/incident plus 2X applicable base rate applicable base rate Two times applicable Two times applicable ba~ rate base rate' $10.66 per ilem $10.83 per item *Except sludge from Collier Court .ty Utilities at $20.76 per ton. TRANSFER STATION RATES - $4.25/use/automobiles and station wagons both full-size and compacts (less than '/: cubic yard) $8.50/cubic yard/trucks. trailers. vans (volume rounded to nearest yard) (more than V: cubic Car or truck tires: 54.00/tire 16" or larger tim size. Car or truck fires: $1.00/tire 15" or smaller rim size. LOAD ROUNDED TO FULL CUBIC YARD There will be NO CHANGE in rates from the previous year. Recyclabic materials will continue to be accepted at no charge. Waiver of Fees for Liner an Clean-U P 'e~s Waiver of disposal fees for community and ncighborhood clean-ups and righi-of-way clean-ups by volunteers or County. agencies requested in advance may be approved by the Coun .ty Administrator or his designee. RESIDENTIAL COLLECTION AND DISPOSAL FEES (Includes Collection of Reeyclables) Sen'ice Area Number One - Wa~te Management of Collier County, Inc. (WMI) Curbside Twice/Week Present Rate P~_..~l)osed Rate Collection $ 78.03 $ 78.03 Disposal 32.23 31.67 Annual Fee $110.26 $109.70 Special Requesa Backdoor Service - Sen'ice Area Numt, cr One: $350.00 per )'ear in ;u:l~fion to tile annual assessment for the unit. Ser~>ce Area Number Two - Immokalec Disposal Company Curbside Twice/Week Present Rate Prosed Rate Collection $ 80.59 $ 80.59 Disposal 32.23 31.67 Annual Fee $112.82 $112.26 Back Yard %~-icefWeek Present Rate Pro__9_vosed Rate Collection $107.43 $ 107,43 Disposal 32.23 31,67 Annual Fee $139.66 $139,10 Recycling Bin Fees: Each residential unit is provided an initial bin at no charge by the Count>'. Replacescat of bins duc to normal wear will be provided by the FrancMsec at no charge to the residential unit. Unscrx>ceable bins must be presented in exchange for replacement bins. Replacement of bins due to loss or negligence of the residential unit. to be paid for by tile customer at a cost of $5.00 per bin. Bins musl remain a'ith the residential unit regardless of unit ownership. Standarid Container Fees: Each residential unit is provided an initial container at no charge to the unit owner. Containers will remain v,'ith the ~sidential u.nit regardless of change in unit ownership. Replacement of containers due to normal wear will be proxYtied by the franchisee. Unserviceable containers must be presented for exchange. Replacement of containers due to loss or negligence of the residential uni! ~-ill be paid by the customer in an amount equal to the franchisce's cost for the container. plus a $5.00 delivery fee. Eoch customer is entitled to one change of container size at no additional cosl. A delivery charge of $5.00 u, ill be paid by the customer for additional changes in container size. Customers requesting an additional container will pay an amount equal to the francbisec's cost. plus a 5.5.00 deliveD' fcc. Commercial Collection and Disposal Fees: Ser~fice Area Number One - Mandatoo' multi-family rcc'ycling collection fee is $92 per-unit-per-month. Se~-ice Area Number Two -Mandatory multi-family recycling collection fee is $.95 per-unit-per-momh ComLnercial Dis_vosal Fee - Fee schedules listed below. EFFECTIVE DATE 10/1~9 RATE SCHEDULE FOR SERVICE AREA NO. 1 WASTE MANAGEMENT F COLLIER C NTY INC, BULK CONTAINER COMMERCIAL RATES ~ FREQ. P.F_~ L~ DISPOSAL TOTAL WEEK 2 CU. YD. I 69.34 12.98 82.32 2 111.38 25.96 137.34 3 146.34 38.94 185.28 4 209.73 51.93 261.66 5 218.60 64.91 283.51 6 255.92 77.89 333.81 4 CU. YD. 1 88.87 25.96 114.83 2 164.70 51.93 216.63 3 219.18 77.89 297.07 4 284.33 103.87 388.20 5 344.76 129.82 474.58 6 418.20 155.78 573.98 6 CU. YD. 1 128.54 38.94 167.48 2 203.78 77.89 281.67 3 315.74 i 16.84 432.58 4 386.22 155.78 542.00 5 499.35 194.74 694.09 6 580.49 233.67 814.16 8 CU. YD. I 145.76 51,93 197.69 2 260.64 103.87 364.51 3 367.27 155.78 523.05 4 483.34 207.70 691.04 5 588.77 259.65 848.42 6 713.15 311.57 1,024,72 Restart Fee: $59.26 EXTRA CONT. 17.94 PER PICKUP 35.85 PER PICKUP 53.77 PER PICKUP 71.69 PER PICKUP EFFECTIVE DATE 10/1/99 RATE SCHEDULE FOR SERVICE AREA NO. I 1~ WASTE MANAGEMENT OF COLLIER COUNTY, INC. BULK COMPACTOR COMMERCIAL RATES RATE PER~ SIZE FREQ. PER OLLE~ ~ T_.Q.Ta~ 2 CU. YD. I 121.45 71.39 192.84 2 188.57 142.83 331.40 3 309.61 214.21 523.82 4 308.16 285.61 593.77 5 307.64 357.05 664.69 6 368.96 428.42 797.38 4 CU. YD. 1 214.88 142.83 357.71 2 387.73 285.61 673.34 3 524.16 428.42 952.58 4 662.07 571.25 1,233.32 5 799.44 714.02 1.513.46 6 938.59 856.85 1.795.44 6 CU. YD. | 313.33 214.21 527.54 2 451.88 428.42 880.30 3 729.27 642.64 1.371.91 4 850.86 856.85 1.707.71 5 1,141.57 1,071.06 2.212.63 6 1,354.45 1,285.27 2,639.72 8 CU. YD. I 341.60 285.61 627.21 2 578.75 571.25 1,150.00 3 814.86 856.85 1.671.71 4 1.052.48 1,142.46 2.194.94 5 1.288.39 1.428.10 2.716.49 6 1,527.30 1,713.71 3,241.01 Restart Fee: $59.26 EXTRA CONT. 50.57 PER PICKUP 77.41 PER PICKUP 116.11 PER PICKUP 142.94 PER PICKUP EFFECTIVE DATE RATE SCHEDULE FOR SERVICE AREA NO. 1 1011199 WASTE MANAGEMENT OF COLLIER COUNTY, INC. ROLL--OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS 20 CUBIC YARD 30 CUBIC YARDS 40 CUBIC YARDS COMPACTOR MONTHLY EQUIPMENT $ 88.90/CONTAINER $100.75/CONTAINER $ I 12.59/CONTAINER VARIES WITH EQUIPMENT H.A ~J.L (;'HARGE_ 588.90- 140.52/LOAD' $88.90. 140.52/LOAD* 588,90- 140,52/LOAD· $207.4 I/LOAD *Varies depending on distance from disposal site. Roll-off rates do not include disposal charges. Reinstatement charge for suspended service due to non-payment - $59.26 per suspension. Recreational vehicle parks, mobile home parks and mobile home subdivisions that contract to receive curbside service shall pay the commercial standard container rate multiplied by the number &rented or individually-owned recreational vehicles or mobile homes within such park(s) or subdivisions. EFFECTIVE DATE 10/1/99 RATE SCtlEDULE FOR SERVICE AREA NO. 2 IMMOKALEE DISPOSAL SERVICE COMPANY BULK CONTAINER COMMERCIAL RATES RATE~_PER MONTH SIZE FREQ. PER COLLECTION DISPOSAL TOTAL EXTRA CONT. WEEK SERV. 2 CU. YD. I 53.33 12.63 65.96 2 104.30 25.26 129.56 3 130.37 37.89 168.26 18,47 4 159.99 50.53 210.52 PER PICKUP 5 183.69 63.16 246.85 6 201.47 75.79 277.26 4 CU. YD. I 82.98 25.26 108.24 2 154.08 50.53 204.61 3 219.24 75.79 295.03 36.9 I 4 278.48 101.07 379.55 PER PICKUP 5 331.81 126.32 458.13 6 379.22 151.58 530.811 6 CU. YD. I 148.15 37.89 186.04 2 219.24 75.79 295.03 3 284.41 113.69 398.10 55.37 4 343,66 151.58 495.24 PER PICKUP 5 397.00 189.49 588.49 6 444.38 227.37 671.75 Restart Fee: $59.26 RESOLUTION No. 9% RESOLUTION SUPERSEDING RESOLUTION 98-393 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WHEREAS, The Board of County Commissioners through County. Ordirmnc~ No. g4-31 has implemented the user fee D~tem for solid wuste to all public and private users, NOW. 'FliERSORE. BE IT RESOLVED BY THE BOARD OF COUNTY COIvlI'~SSIONERS OF CO! I ~R. COUNTY, FLORIDA. that SEtT'FION 1: Re. solution No. 98-393 is hereby. supeneded in its endreD'. SECTION 2: The foliossing f,'" .schedule is approved for all users of the Collier County Solid Ware facilities: Landfill F~s: All f~s are based on cemficd scale weight, per cubic yard f<, or per tire fm. No rounding. Mixed loads of biomass (land clearing. plant trimmings and grass cuttings) and other ~astc shall not be accepted. General Wastc,~: $27.07/Ion Special Wastes: $21.65/ton for Construction/Demolition Debris. $27.07/ton for tires cut into 8 equal pieces. $92.03Iton for v,'hole tires. Car or truck tires: $4.00/tire 16" or larger size (no change from F'/99). Car or truck titmir $1.00/tire 15"or smaller size (no elmage from FY99). Large tracnor or heax.~' equipment tires on per ton basis only. $14.62/ton for Biomass. $7.32/ton for processed Biomass 2" or less in size. No charge for clean fill material suitable as daily cover less than 6 inches in size. $4.33/ton for clean matcrial ~itable for use as backfill greater than 6 inches in s~ze. Definitions of ~pecial Wastes: Special Wasle l: Diff:cult-to-handie material requiring pre-acceptance site preparation rexample: asbestos, ash. powders). $135.33/incident. plus 2 times applicable base rate. Special Waste II: Waste requiring special acceptance procedures. but no special site preparation. T~o times applicable base rate. except sludge ~t $20.?6/ton for Collier Count).' Utilities. Special Waste Ill: Wastes that are prohibited by law or ~egulation for the landfill. but are deposited at Landfill working area and muse be removed by contractor (example: whole tires. white goods. lead-ac';d batteries) 510.83 per item. T~nsfer ~;t~69n F~'e~ (N9 chan~e from FY99 $4.25/use/automobile$ and ~ation wagons both full-size and compa~ (less than V2 cubic yard) $8.501cubic yard/trucks, trailers. vans (volume rounded to neanm yard) (more than ',6 cubic yard) Car or truck fires: $4.00/fire 16" or larger rim size. Car or truck fires: $1.00/tire 15' or smaller rim size. Large tramor or heavy equipment tires accepted only at landfill, WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJECTS Waiver of dis'posal fees for commnmv,.- and neighborhood clean-ups and right-of-way clean-up~ b?,.' volunteers or Counv,.' agencies requ. exted in advance may be approved by the Counn.' Administrator or his designee. RESIDENTL-kL COLLECTION AND DLqPOS~L FEES (Includes Collection of Rec'.'clables) Sen'ice Area Number One: Curbside T~xiceAveek Collection Fee $ 78.03 · *Dispo.,al Fee 31.67 -Annual Fee $109.70 Special Request Backdoor Sezim - Sen'lee Am Number One: $350,00 per year in addition to the annual assessment for the unit. Sen'ice Area Number Two: Collection Fee $ 80.59 +Disposal Fee 31.67 =Annual F~ $112.26 Curb~ide Backyard Twice/week Twice/week $107.43 31.67 $139.10 Reck'cling Bin F~s: Each residential unit is provided an initial bin at no clmrge by the Count).'. Replacement of bins due to normal wear will be pro~sded by the Franchisee at no ckargc to the rcsidcmial uni~. Unscrviceable bins rau~t be presented in exclmnge for replacement bins. Replacement of bins due to loss or negligenee of the residential unit. to be paid for by the customer at a cos~ of SS.00 per bin. Bins must remain with the residential unit re~rdless of chang,- of unit ownership. Standard Container Fees: Each residential unit is provided an initial container at no clmrge to the unit owner. Containers will remain with the residential unit regardless or change in unit ownership. Replacement of containers due to normal wear will be prosStied by the francttisee. Unserdeeable containers mus! be presented for exchange. Replacement of containers due to loss or negligence of the rc$iflential unit will be paid by the cuslomer in an amount equal to the franchisee's cost for the container, plus a $:5.00 delivery fee. Each cuslomcr is entitled Io one chang~ or container size al no additional cost. A d¢li¥¢ry char§¢ of $$.00 be paid by the c'tmom~r for additional changes in container size. C~tomcrs requesting an additional containcr ~411 pay an amount equal Io the franchisee's cost, plus a $~.00 delivery fcc. COMMERCIAL COLLECTION AND DISPOSAL FEES ~cp,4~ Area Number One: - Mandatory multi.family recycling collection fee is $.92 per-unit per-month Sen'ice A .r~.,.a Numl?er Two: - Mandatory multi-family rec:,.'ding collection fee is $.95 per-unit pcr-momh. Commercial Digxyal Fee: See Atlached Schedules (4 pages) - Attachment No. I SECTION 3: The effective tint,, of this Resolution snail be October l. 1999. This Resolution adopted this 2gt_._hh day of September, 1999 after motion. second and rrmjorin.' vote. ATTEST: DWIGHT E. BROCK. CLERK By: BOARD OF COUNTY CONL~.[ISSIONER5 COLLIER COUNTY. FLORIDA P.,MMXLA S. MAC'KIE CH.&IR\VOMAN Approved as to form and legal s-uff'~cicn~': David C. Wei§el, C~o'unv,.' ~.~omes.' Attachment No. 1 Page 1 of 4 1 EFFECTIVE DATE I011/99 2 CU. YD. 6 CU. YD. 8 CU. YD. RATE SCH. EDULE FOR SERVICE AREA NO. 1 WASTE MANAGEMENT OF COLLIER COUNTY, INC, BULK CONTAINER COh, IMERCIAL RATES RATE PE~ LL~ D~ TOTAL 1 69.34 12.98 82,32 2 111.38 25.96 137.34 3 146.34 38.94 185.25 4 209.73 51.93 261.66 5 218.60 64.91 283.51 6 255.92 77.89 333.81 I 88.87 25.96 114.83 2 164.70 51.93 216,63 3 219.18 77.89 297.07 4 284.33 103,87 388.20 5 344.76 129.82 474,58 6 418.20 155.78 573,98 l 128.54 38.94 167,48 2 203.78 77.89 281.67 3 315.74 116.84 432.58 4 386.22 155.78 542.00 5 499.35 194,74 694.09 6 580.49 233,67 814.16 1 145.76 51.93 197.69 2 260.64 103.87 364.51 3 367.27 155.78 523.05 4 483.34 207.70 691.04 5 588.77 259.65 848.42 6 713,15 3li.57 1,024.72 EXTRA CONT. 17.94 PER PICKUP 35.85 PER PICKUP 53.77 PER PICKUP 71.69 PER PICKUP Restart Fee: $59.26 Attachment No. 1 Page 2 of 4 Ir EFFECTIVE DATE 10/1/99 FREQ. PER WEEK RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEblENT OF COLLIER COUNTY~ INC. BULK COMPACTOR COMMERCIAL I:L6.TES RATE PER MONTH ¢QLLE(~, ION DISPOSAL TQTAL E .'CIP. A CoN'r. 2 CU. YD. I 121.45 71.39 192.84 2 188.57 142.83 331.40 3 309.61 214.21 523.82 4 308.16 285.61 593.77 5 307.64 357.05 664.69 6 368.96 428.42 797.38 4 CU. YD. I 214.88 142.83 357.71 2 387.73 285.61 673.34 3 524.16 428.42 952.58 4 662.07 571.25 1.233.32 5 799.44 714.02 1.513.46 6 938.59 856.85 1,795.44 6 CU. YD. 1 313.33 214.21 527.54 2 451.88 428.42 880.30 3 729.27 642.64 1.371.91 4 850.86 856,85 1,707.71 5 1.141.57 1,071.06 2.212.63 6 1.354.45 1.285.27 2.639.72 8 CU. YD. 1 341.60 285.6l 627.21 2 578.75 571.25 1.150.00 3 814.86 856.85 1,671.71 4 1.052.48 1,142.46 2.194.94 5 1.288.39 1,428.10 2,716.49 6 1.527.30 1,713.71 3,241.01 50.57 PER..PICKLP 77.41 PER PICKUP 116.11 PER PICKUP 142.9.: PER PICKL? Restart Fee: $59.26 Attachment No. 1 Page 3 of 4 EFFECTIVE DATE 1011199 20 CUBIC YARD 30 CUBIC YARDS 40 CUBIC YARDS COMPACTOR R.~TE SCHEDULE FOR SERVICE AREA WASTE MANA(~EMENT OF (~OLL!ER ¢01JNTY, ROLL-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS MONTHLY EQUIPMENT ¢HARqE S gg.9O/CON'FAI]qER s ]00.55~CONT,~'a-:R S] ~2.~9/CONT^rNF..R VARIES %TTH EQUIPN~NT HAUL CHARQ'I~. $88.90- 140.52./LOAD' ~;88.90 - 140.5'2./LOAD' $88.90 - 140.5'2./LO.KD' $207.41/LOAD *Varies depending on distance from disposal site. Roll-off rates do not include disposal charges, Reinstatement charge for suspended service due to non-payment - $5926 per suspension. Recreational vehicle parks. mobile home parks and mobile home subdi,,4. sions that contract to receive curbside se~4ce shall pay the commercial standard container rate multiplied by the number of rented or individually-owned recreational vehicles or mobile homes witi~,in such park(s) or subdb,dsions. Attachment No. l Page 4 of 4 1 EFFECTIVE DATE 10/1/99 RATE SCHEDULE FOR SERVICE AREA NO. 2 IMMOKALEE DISPOSAL SERVI{~E COMPANY BULK CONTAINER COMMERCIAL RATES SIZE 2 CU. YD. 4 CU. YD. 6 CU. YD. PATE PEP, MQNTH COLLECTION DISPOSAL TOTAL 53.33 12.63 65.96 104.30 25.26 t29.56 130.37 37.89 168.26 159.99 50.53 210.52 183.69 63.16 246.85 201.47 75.79 277.26 82.98 25.26 108.24 154.08 50.53 204.61 219.24 75.79 295.03 278.48 I01.07 379.55 331.8l 126.32 45813 379.22 151.58 530.80 148.15 37.89 186.04 219.24 75.79 295.03 284.4l 113.69 398.10 343.66 151.58 495.24 397.00 189.49 588,49 444.38 227.37 671.75 EXTkA CONT. SERV. 18.47 PER PICKUP 36.91 PER PICKUP PER PICKUP Restart Fee: $59.26 12C I NAPLES DAILY NEWS Published Daily Naples, FL 33940 Afi'idavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B, Lamb, who on oath says that they serve as the Assistant Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier Count, Florida; that the attached copy o£ the advcrtising, being a PUBLIC NOTICE in the manor of' SOLID WASTE COLLECTION AND DISPOSAL RATE was published in said newspaper 1 time m the issue stating on 09/I 7/99 Aliirot ~ur~cr says Ihal the said Naples Daily New~ L~ a ~wspa~r publi~d ~ N~Ics. in said Collet Coun~. Floti~& ~ ~wsp~ ~ ~tof~ ~n c~bn~ ~blg~d in said Collier C~n~. Florid~ each day ~d ~ ~n ca.red ~ scud cl~s m~cr at ~c ~sl off~ce in N~I~. in said Collier Co~, for a ~r~ of I yc~ nc~t pro.din& ~c fin~ ~blk~ion o~c nci~ paid ~f p~omisc~ ~y ~r~ fi~ or co~ra~ distant, rcba~, commission or .f~d for 1~ pu~sc or.curing ~vc~iKmcnt for pu~ic~ion in ~ ~id L SignamK of a~l) Sworn to and subscribed before me this 171h day of September. 1999 (Signature of notary public) LANDRLL PATES Pm~ent Rate Oaner~ Wa~te ~,84/1'on $g0.Sa/l'on TIma cut Into 8 equal pieces S2~,O4/Ton Pro' Tire Rate , 18' or Larger ~ze S4.00 p~ tire 15' or 8mailer ,Size $1.00 pro' tire Blomu~ · $14,3~V Ton Proc®a~ed BIDmaes-2' mlnua In Nze $ 7.20/To~ Conat ruction/Dm'nofitlo~ $21.31/Ton Clean Fill: 8' or more $4.2~'To~ Cles~ Fllh Less than 6" No Charge SpecqN Waste I $133.20/Inck~e~t Spec~ Waate II Two Umes appllca~e ba~e rate Special W~ta III $~ O.BO per Item ~ c50~o yard/tnJck~, trailers, van, (volume ~ to ~t y~ ~ ~ ~ ~OE~L COLL~ ~O OtS~ ~n~ F~ S110.~ 1~ * ' · ~ ~ F~ ~2 4CU.~.~,I ~.87 ' ~ 114~ '~ - ~ WA~I E ~GII. MENT OF COUJIR (~)~JI~'Y, INC, r ' ' ~ P~ MO~ · . ~ ~ ~ ~ TOT~, *~, '" 4 CU, ~, I ~.87 25~ 114,~ ~5 ~ ,~ ' ~ ~.76 1~.~ 474.~ ~;, 1 1~ ~.~ 167.~ '['.' 4 ' ~ ~7.70 ~1.~ ~R ~ ~; ', 6 , 71~16 311.57 1.024,72 ' .., 4 5 6 4 CU. YD. 1 2 3 4 5 6 6 CU. YD, 1 2 3 4 5 6 8 CU. YD. 1 2 3 4 6 Relta~t Fie: EFFECTIVE DATE 121.4~ 71.39 192.84 .... 188,57 142.83 331.40 30~.61 214.21 523.82 50.57 .. 308.16 285.61 593,77 PER PICKUP 307.64 357.05 664.69 368.96 428.42 797.38 214.88 142.83 357.71 387,73 285.61 673.34 524.16 428.42 952.58 77.41 662.07 571,25 1.233,32 PER PICKUP 799.44 714.02 1,513.46 938.59 856.85 1.795.44 313.33 214,21 527.54 451,88 428.42 880.30 729,27 642.64 1,371.91 116.11 850.8~ 856.85 1,707.71 PER PICKUP 1,354.45 1,285.27 2,639,72 341.60 285.61 627.21 578,75 571.25 1.150.00 814,86 85~.85 1,871.71 142.94 1,052.48 1,142.46 2,194.9~ PER PICKUP 1,258.39 1,428.10 2.716.49 1,527.30 1,713.71 3.241,01 10z$/99 RATE SCHEDULE FOR SERVICE AREA ~O. 1 WASTE MANAGEMENT OF COLLIER COUNTY INC. "** ROLL-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS MONTHLY EQUIPMENT EQUIPMENT SIZE CHARGE HAUL CHARGE 20 CUBIC YARD $ 88.90/CONTAINER S~L90 -140.52/LOAD' 30 CUBIC YARDS $100,75/CONTAINER $88.90 - 140.52/LOAD' 40 CUBIC YARDS $112.59/CONTAINER $~.90 - 140.52~.OAD' COMPACTOR VARIES WITH EQUIPMENT $DO7.41/LOAD · vl~ c~ o~ aliirance frown dll~l. aJ EFFECTIVE DATE RATE SCHEDULE FOR SERVICE AREA NO. 2 70/1/99 IMMOKALEE DISPOSAL SERVICE COMPANY SULK CONTAINER COMMERCIAL RATES RATE PER MONTH '" SIZE FREQ. COLLECTION DISPOSAL TOTAL EXTRA CONT. . .". PER WEEK $ERV. 2 CU, YD. 1 53.33 12.63 85.96 , 2 104.30 25.26 129.56 3 130.37 37.89 16~.26 18.47 4 159.99 50.53 210,52 PER PICKUP '" 5 183.69 63.16 246.85 6 201, .47 75.79 277.26 4 CU. YD. 1 82.98 25.2~ 108.24 2 154,08 50.53 20.4.61 3 219.24 75.79 295.03 3~,91 . . 4 278.48 101.07 379,55 PER PICKUP 5 331.81 126.32 458.13 6 379.22 151.58 530.80 6 CU. YD. 1 148.15 37.89 186.04 2 219,24 75,79 295.03 3 284.41 113,69 398.10 55.37 4 343.66 151.58 495.24 PER PICKUP' 5 397.00 189.49 ' 588.49 .... 6 444.38 227.37 671,75 Rlst&~t Fee: S~9,26 12C RESOLUTION No. 99- 383 RESOLUTION SUPERSEDING RESOLUTION 98-393 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WHEREAS. The Board of Count)' Comnfissioncrs Ihrough County Otdin-'mcc No, 8-1-3 I has implcmcntcd thc user l'cc syslcm for solid waste to all public and privalc users. NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. thai SECTION I; Resolution No 98-393 is hereby sulx:rsedcd ill its clllircly, $E~TTION 2; The following I'cc schcdulc is approved for all users ofthe Collier County Solid Waste fi~cililics: Landfill Fees: All fees arc based on certified scale wcighl. per cubic yard fcc. or per tire fcc. No rounding. Mixed loads of biomass (land clearing, phml Irimmings :red grass curlings) and other waslc shall nol be ~cccpted. General Wastes: $27.07/ton Special Wastes: $22.62/ton for Constmcfio~v'Dcmolifion Debris. $27.07/ton for tires CUl into 8 equal pieces, $92.03/ton for v.'holc tires. Car or lmck tires: $4 (kWfirc 16" or larger size (no change from FY99) Car or Iruck tires: $1,00hire 15"or smaller sizc (no change £rom Large tractor or I~cm..'y cquipmcnt tires on per ton basis only. $19.94/[on for Biomass. $9.97/ton for processed Biomass 2" or less in size. No charge for clean fill material suitable as daily covcr less fi~an 6 inches in size. $4.33/IOn for clean material suitable for use as backfill greater than 6 inches in size. D~finili~ns of Special Wastes: SPecial Waste [: Diffmult-lo-handlc material requiring pre-acccptancc site prc!ym~lion (example: asl:x:stos, ash, powders). $135.33/incidcnl. plus 2 times ~pplicable base rate. Soecial Waste II: Waste requiring spcckfi acceptance procedures. but no special site prclxm~tion. Tv.'o times applicable base ram. cxccpl sludge ~! $20.76/ton for Collier Counly Ulililics. St~::ial Waste I![: Waslcs thai arc prohibilcd by Landfill working area and must bc rcmoxcd by conlraclor (example: whole tires, xvhitc goods, lc;~d-acid batteries) $10.83 per item. 1 Transfer Station Fees (No ¢b:m~¢ I'rqm FY99 Ral.~)2 $4.25/usc/automobilcs and station wagons both full-size and compacls (less lhan '/: cubic yard) $8,50/cubic yar~t~cks, trailcrs. vans (volume ronndcd to ncams~ yard) (more Ih;m % cubic yard) ~r or t~ck ti~s: $4.~/tirc 16" or larger rim size. Car or track tires: $1.~)/ti~ 15" or smaller rim size. Mrgc tactor or h~x3' ~uipmc~11 tires accepted only at landfill. 1 WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJECTS Waiver of disposal fees for comnmnity and ncighborllood clean-ups and righl-of-~ay clean-ups by volunteers or Count)' agencies requested in advance may be approved by Ihe ComHy Adminislrator or his ticsignet. RESIDENTIAL COLLECTION AND DISPOSAl. FEES (Includes Collection of Reo'clables) Sea'ice Area Number One: Curbside Twice/week Collection Fee $ 78.03 +Dispos~ql Fee 3 =Annual Fee $109.70 Special Requcst Backdoor Scwicc -Scrvicc Area Number Onc: $350.00 per year in addition to the annual assessment for the unit. ScrxJce Area Number Twn: Collection Fee +Disposal Fee =Annum Fcc Curbside Backyard TwiccAveek Twice/week S 80.59 SI07.43 31.67 31.67 $112.26 $139. Recycling Bin Fees: Each residential unit is provided an initial bin at no charge by Ihc Connly. Rcplaccnlcnt of bins due Io normal wear will be provided by the Franchisee al no charge Io the residential unit. Unsc~'iceable bins must be presented in exchange for replacement bins, Rcplaccmcnl of bins due to loss or negligence of the residential unil. to be paid for by tile ctlsIolller al 3 cost of $5.(X) per bill. Bins lnusI remain wilh the residential unit regardless of change of unit ownership. Slandard Container Foes: Each residential unit is provided an initial container at no charge IO tile tinit owner, Containers will remain with the residential unit regardless of change in unit ownership. Replacement of containers due IO normal we. ar will be provided by tile franchiscc. Unscrviccable containers mllSl be prcsenlcd for exchange. Replacement of containers duc Io loss or negligence of lhc residential unit ,,','ill bc paid by the customer in an amount equal Io the fnmchisec's cost for the contaiqcr, plus a $5.00 delivcD. fee. Each 12C ]. customer is cniificd Io one change of container size al no addilional cost. A dclivcv,.' charge el' $5.00 will be paid by Ihc cuslomcr for additional changes in comainet size. Cnslomcrs requesting an additional container ,,,,'ill pay an amount equal to tile franchiscc's cost. plus a $500 deliver3.' fcc. MMER IAL OLLE TI N ANDDI PO ALFEES : n ' - Mandatory multi.£amily rec2,'cling colleelion fee is $.92 per-unit pcr-monlh. wi Ar m Tw · - Mandatory mulli-family rc~'cling colleelion fee is $.95 per-unit per-monlh. tamer i I Di '~1 F : See Attached Schedules (4 pages) - Auachmcnt No. I ECTS IO~.~: The effective date of Illis Rcsolulion shall bc Oclobcr I. 1999, This Resolution adopied litis 28?_.2 day of Sc Ic___p_gJ!!_~r. 1999 after motion. second and majorib' vole. ATTEST: DWIGHT E. BROCK, CLERK ".: i. . At.t~$~c' as to Chalr~'$ Approved as to form and legal sufficien~u BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ~ CHAIRWOMAN Aliachinch! No. I Page I of 4 EFFECTIVE DATE 1011199 SIZE FREQ. PER WEEK RATE SCttEDULE FOR SERVICE AREA NO. I WASTE MANA(~EMENT OF COLLIER COUNTY~ INC~ BULK CONTAINER COMMERCIAL RATES RATE~ PER MQNTH (~QI.LECTION DISPOSAL TOTEM: 2 CU. YD. I 69,34 12.98 82.32 2 111.38 25.96 137.34 3 146,34 38.94 185.28 4 209.73 51.93 261.66 5 218.60 64,91 283.5 I 6 255,92 77.89 33381 4 CU. YD. I 88.87 25.96 114.83 2 164.70 51.93 216.63 3 219.18 77.89 297.07 4 284.33 11}3.87 388.211 5 344.76 129.82 474.58 6 418.20 155.78 573.98 6 CU. YD. I 128.54 38.94 167.48 2 203.78 77,89 281.67 3 315.74 116.84 432.58 4 386.22 155.78 542.0o 5 499.35 194.74 694.09 6 580.49 233.67 814.16 8 CU. YD. I 145.76 51.93 197.69 2 260.64 103.87 364.51 3 367.27 155.78 523.05 4 483.34 207.70 691.04 5 588.77 259.65 848.42 6 713.15 311.57 I,O24.72 EXTRA CONT. ~ERY, 17.94 PER PICKUP 35.85 PER PICKUP 53.77 PER PICKUP 71.69 PER PICKUP Restart Fee: $59.26 Altachmcnt No. I Page 2 of 4 120 EFFECTIVE DATE 10/1199 SIZE FREQ. PER WEEK RATE SCtlEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF COLLIER COUNTY~ INC. BULK COMPACTOR COMMERCIAL RATES RATE PER MONTll (~OLt. ECTION DISPOSAL TOTAI~ 2 CU. YD. I 121.45 71.39 192.84 2 188.57 142.83 331.41) 3 309.61 214.21 523.82 4 308.16 285.61 593.77 5 307.64 357.05 664.69 6 368.96 42842 797.38 4 CU. YD. I 214.88 142.83 357.71 2 387.73 285.61 673.34 3 524.16 428.a2 95258 4 662.07 571.25 1,233.32 5 799.44 714.02 1.513.46 6 938.59 85685 1,795.44 6 CU. YD. 1 313.33 214,21 527.54 2 451.88 428.42 88II.31} 3 729.27 642.64 1,371,91 4 850.86 856.85 1,71)7,71 5 1,141.57 1,071.06 2,212.63 6 1,354.45 1.285.27 2.639.72 8 CU. YD. I 341.60 285.61 627.21 2 578.75 571.25 1.150.00 3 814.86 856.85 1.671.71 4 1,052.48 1.142.46 2,194.94 5 1.288.39 1.428.10 2,716,49 6 1,527.30 1,713.71 3,241.111 EXTRA CONT. SERV, 511.57 PER PICKUP 77.41 PER PICKUP 116,11 PER PICKUP 142.94 PER PICKUP Restart Fee: $59.26 Attachment No. I PaRe 3 of 4 1 EFFECTIVE DATE 10/I/99 RATE SCIIEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF .C:_QLLIER COIj~ ROLD-OFF SERVICE - REGULAR COMMERCIAL CUSTOMERS E IP~ 20 CUBIC YARD 30 CUBIC YARDS 40 CUBIC YARDS COMPACTOR MONTHLY EQUIPMENT $ gI~?AI/CONTAINER $100.75/CONTAINEli. $ 112.59/CONTAINER VARIES WITH EQUIPMENT HA L~ $gg,90 - 140.~2/LOAD* $g8,90. 140,52/LOAD* $X~90. 140.52/LOAD* $207.4 I/LOAD *Varies depending on distance from disposal site. Roll-offrates do not include disposal charges. Reinstatement charge for suspended service due to non-payment - $59.26 per suspension. Recreational vehicle parks, mobile home parks and mobile home subdivisions that contract to receive curbside service shall pay the commercial standard container rate multiplied by the number of rented or individually-owned recreational vehicles or mobile homes within such park(s) or subdivisions. Attachmen! No. 1 Page 4 of 4 1 EFFECTIVE DATE 10/1/99 RATE SCilEDULE FOR SERVICE AREA NO. 2 IMMOKAI,EE DISPOSAl. ERV~PANY BULK CONTAINER COMMERCIAL RATES 2 CUm YD. 4 CU. YD. 6 CU. YD. FREQ. PER WEEK RATE PER MONTH LL~ DI~ TOTAL I 53.33 12.63 {;5.96 2 1114.30 25.26 129.56 3 130.37 37.89 16826 4 159.99 5fl.53 210.52 5 183.69 63.16 246.85 6 201.47 75.79 277.26 1 82.98 25.26 108.24 2 154.08 50.53 204.6 I 3 219.24 75.79 295.03 4 278.48 1111.117 37955 5 331.81 126.32 458,13 6 379.22 151.58 531).811 I 148.15 37.89 186,114 2 219.24 75.79 295A13 3 284.41 113,69 398. lO 4 343.66 151.58 495.24 5 397.00 189.49 588.49 6 444.38 227.37 671.75 EXTRA CONT. 11'1.47 PER PICKUP 36.91 PER PICKUP 55.37 PER PICKUP Restart Fee: $59.26 IMaureen K, Kenyon From: martin_c [CeciliaMartin@colliergov,net] Sent: Wednesday, August 04, 1999 10:50 AM To: pedone_b; Maureen K. Kenyon Subject: FW: continuance From: relschl_f lSent: Wednesday, Augusl 04, 1999 10:12 AM ITo: johnson_c Cc: dvorak_m; martin_c; mulhere_b; nino_r Subject: continuance Petition OSP-99-01 was continued from the 8-3-99 BCC meeting to the 9-14-99 BCC meeting at the request of Commissioner Mac'Kie and the Petitioner. Due to the length of time involved, it needs Io be readvertized. I will submit a clean copy for signatures, KESOLUTION 99- 13A 2 RELATING TO PETITION NUMBER OSP-99-01 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREA,S, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of off-site parking as shown on the attached plot plan, Exhibit "A", in an RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3,5.3, Section 2.7.5 and Division 3.3 of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that the petition filed by Michael Fernandez, AICP, of Planning Development Incorporated, representing Gulf Coast Building Association with respect to the property hereinafter described as: Lot 46, Cypress Woods Estates Plat #2, as recorded in Plat Book 4, Page 30 of the official records of Collier County, Florida. be and the same hereby is approved for off-site parking as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein said property is located, subject to the following conditions: I. The landscape buffer along the north, east, and south property lines of Lot 46 shall include a five-foot high, architecturally finished, concrete wall set back four feet from the property line. The planting requirements shall he, at a minimum, those required for a Type-D buffer along the north property line and those required for a Type-B buffer along the east and south property lines. The required hedge shall be planted between the wall and the property line. -1- 2. A five-foot sidewalk shall be constructed along bank property, both north and south parcels, adjacent to Cypress Woods Drive, and connecting to the sidewalk along Tamiami Trail North. BE IT RESOLVED that this Resolution relating to Petition Number OSP-99-01 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman Approved as to Form and Legal Sufficiency: ~l~5(l~e M. Student' Assistant County Attorney f/OS P-99..01 RESOLUTION/ o I uJ u_Cb ZO O0 N~ / / I I I I 1 I / I I I I I I ._1 I I I I I"11 I I '~ I I U · i'~- "1 I-- r-i I-4---4 I----l-I I I II I I I-1--1 r- - ~-I I-1- -'1 I-- -I-I I...J_ ,_J L _ LI I I II II 3 I I I I I I __J I I I I I ,I I I I I August 9, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition 0SP-99-01 Dear Pam: Please advertise the above referenced notice on Sunday,' September 12, 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 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY SEPTEMBER 28L 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition 0SP-99-01, R. Bruce Anderson, of Young, Van Assenderp & Varnadoe, P.A., representing Gulf Coast National Bank, requesting approval of off-site parking at C~rpress Woods Drive on Lot 46, Block B, Cypress Woods Estates, to serve the existing business located at 3838 North Tamiami Trail, in Section 22, Township 49 South, Range 25 East, Collier County. (Companion to SDP-94-137B) . NOTE, All 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 Chairwoman, a spokesperson for a group or organization may be allotted 10 minutes to speak on any item. Persons wishing to have written or graphic materials included in the Board's 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. ;%ny 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) 13A 2. August 9, 1999 R. Bruce Anderson, Esq. Young, Van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34101 Re: Notice of Public Hearing to Consider Petition OSP~99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure August 9, 1999 Gulf Coast Building Association c/o Patrick Miller, President 3838 North Tamiami Trail Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition OSP~99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure ~8 NAPLES DAILY ELLIE HOFFMAN · LOCA.TIf~z (EILLI]!RCOONT~COI2]~I~OHR d~. ~ 4-8408 :l !, EIIie J. Hoffman From: Sent: To: Cc: Subject: martin c [CeciliaMartin@colliergov.net] Mond~-y, August 09, 1999 11:38 AM Ellie J. Hoffman pedone_b; johnson_c OSP-99-1 Fred Reischl This petition was originally sent up to be advertised for the September 14th BCC meeting. Please note the petitioner has requested this petition be heard at the September 28th BCC meeting. Please reflect this date. Thanks. Collier County, Florida 11/28/84-S50 REQUEST FOB LEGAL ADV£RTISING or PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: /XXXX/ Normal Legal Advertisement / / Other: {Display Adv., location, etc.) .... ....................................................................................... : Petition No. (if none, give brief description): 05P-99-0! Petitioner: (H~me & address): R. Bruce Anderson Of ¥oun Van Assender & Vernadoe P.A. 801 Laurel Oak Drivez Suite 300 N&les FL 34i01 Na~e & Address of any person(sl to be notified by Clerk's Office: Gulf Coast Buildin~ Aesociation c/o Patti kcMiiler~residen 3838~N. Ta~i~ Trail Na~ee Florida 34103 Hearing before: /'~----f BCC /------~ BZA /-r-"~ Ot~er .................. · -T~T..:..., ,..~,m'r~..,~: .~../_-j~. .... ~ ........................................................... Requested hearing d~te: 94t~-~ ~Based on advertisement appearing 15 days Derore heating. Newspaper{s) to be used~--~.'o~plete only if important /----~, -- /XXXX/ Naples Daily News or legally required ~/---~---~) ~ Other Proposed Text: (Include legal description & common location & size): OSP-99-01 R. Bruce Anderson of You· Van Assertder & Vernadoe P A rare entin Gull Cos t Nat~nal Ba knte estin a royal of Off-Site Parkin ~t C tess Woods Or~ve on Lot 4 Block B C tess Woods Estates to serve the existIn business located at 3838 North Ta'i~a~t Tr~l ~n S cte ~on 22 To,naZi 49 South R na · 25 E s~ t Collier Count rlor~d&. (¢oe~?anlon to SDP-94-137B) Coeq~enlon petition(s), if any, & proposed hearing dire: Does Petition Fee Include Advertising Coat? .~.~.~,, ,..No /~ If yes, what account should be charged :Or edvertl~38323-64911~0 , ¥ ...... ....................... ................... Division H~ ~ ~ / / / County ~lanager .... Date DI STILI B~TIOl¢ INSTROCTION$ A. For he·rings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Nan·get. NOT~: Z: 1 1 de a ocue~ent L~ n~ volred be sure that an Count. The Manager's Office ~il cliotribute copies: /'-----~ County Manager agenda file; /~ Reguesttng Division~ /~ Otigfnal to Clerk's Office Other he·tin a: Initiating Division Head to approve and suJ:eaaLt original to Clerk's O~fice, :etalt~ng a copy for file. Date Received Date Advertised Date of RESOLUTION 99- '.) RELATING TO PETITION NUMBER OSP-99-01 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing alter notice and has considered the advisability of off-site parking as shown on the attached plot plan, Exhibit "A", in an RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that the petition filed by R. Bruce Anderson, of Young, van Assenderp & Varnadoe, P.A., representing Gulf Coast Building Association with respecl to the properly hereinafter described as: Lot 46, Cypress Woods Estates Plat #2, as recorded in Plat Book 4, Page 30 of the official records of Collier County, Florida. be and the same hereby is approved for off-site parking as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein said property is located, subject to the following conditions: 1. The landscape buffer along the east and south property lines of Lot 46 shall include a five-foot high, architecturally finished concrete wall setback four feet from the property line. The planting requirements shall be at a minimum, those required for a Type-B buffer along the east and south property line. The adjacent hedge shall be planted between the wall and the property line. The landscape buffer achieving a height of five feet and 80% opacity within one year of planting. 2. A five-foot sidewalk shall be constructed along the bank property south of Cypress Woods Drive within the County right-of-way from U.S. 41 to the project entrance. A five-foot sidewalk shall also be constructed in the County right--of- way on the north side of Cypress Woods Drive from the western property line of the northern parking area to lhe entrance and to the parking lot. The responsibility for locating utilities within the fight-of-way, the design of said sidewalk and staking of its location will be that of Collier County. 3. Should public sidewalks be constructed along either side of Cypress Woods Drive and terminating at the eastern property line of the subject properties, Gulf Coast Building Association will complete the section of sidewalk from its project entrance to the public sidewalk to the east. 4. The petitioner shall install a "No Left Turn" sign at the exit from the north parking lot onto Cypress Woods Drive and a "No Right Turn" sign at the exit from the south parking lot onto Cypress Woods Drive. 5. Parking lot cleaning is prohibited between the hours of 9 p.m. and 7 a.m. 6. The petitioner shall construct elevated crosswalks at the locations indicated on Exhibit "A". BE IT RESOLVED that this Resolution relating to Petition Number OSP-99-01 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __~ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman Approved as to Form and Legal Sufficiency: Marjori'8 M. Student Assistant County Attorney f/OS P-99,.01 RESOLUTION/ Exhibit "A" I just received a request from Bn~ce Anderson. the pelitloner, to conlinue ~i$ item indofinatety. it is currenth/schedu)ed for the September 28. 1999 BZA meeting. Thanksl Fred NapLes Daily News NapLes, FL 34102 Affidavit of Publication Naples Daily Nays BOARD OF COUNTY COMMISSIONERS ATTN: TOfiYA PHILLIPS PO BOX &13016 NAPLES FL 34101-3016 REFERENCE: 0012~0 #916495 57932693 0SP-99-01 NOTICE OF 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 Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of mdvertfaing was published in said newspaper on dates Listed. Affiant further says that the aaid Naples Daily News is a n~spaper publiahe~l at Naples, in said Collier County, Flortda~ and that the said newspaper has heretofore been continuously p~bLtshed in said Collier County, Florida, each day and h~s .been entered as second class mail mtter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first p~bltcation oF the attached copy of edvertiaement; and affiant further says that she has neither paid nor proallied any person, firm or coporation any discount, rebate, commission or refund for the purpose of lecurtng this advertisement for publication in the said newspaper. PU~L%SHED Off: 09/12 AD SPACE: 98.000 INCH FILED 0~: 09/13/99 Persc~ally known by ,,.:j~;j,'.'.A~'..,Chanel A McDonald /~...~'.~\ -.: .,- MY COMMISSION ,~ CC~SO7S~ EX~ES 13A 2 the ~eardre~m~ 1 N=ples~ FiefIda. The r (~ a ~ ~ ,~..' r~ OLL~E~ COUNT ~A DWIGHT ~ E. ,SROCK~ 16A MEMORANDUM Date: To: From: Re: September 30, 1999 Greg Mihalic, Director Housing & Urban Development Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Agreement with the Economic Development Council of Collier County, Inc. Please find enclosed one original document as referenced above, (Agenda Item #!6A3), as approved by the Board of County Commissioners on September 28, 1999. One original is retained for the record in Minutes and Records. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure 16A 3 AGREEMENT THIS AGKEEMENT is entered into this ~,'~,.day of~ 1999, by Collier County. Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and the Economic Development Council of Collier County. Inc. a Florida not-for-profit corporation, hereinafter referred to as the "EDC". WITNESSETH ~,~,q'~ereas, the Legislature of the State of Florida, Enterprise Florida and thc County detcrn~incd there is a need to enhance economic activities in the State and Collier County. by retaining, expanding and a~acting high ',,.'age jobs through economic diversification and development in order to protnote a stronger, more balanced, and stable economy; and WHEREAS, to implement this goal the State Legislature has adopted Chapter 159. Florida Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and Industrial Development Authorities, Housing Finance Authorities, and Research and Development Authorities; and WHEREAS, the County now finds and determines that it is in the public interest of the citizens of Collier County to assist the EDC through this contract in the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and thereby reduce the associated burdens placed on local government and the private sector taxpayers; and WHEREAS, the EDC, is a private not-for-profit corporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities which are not perfom'~ed by the County and which are essential to successful business diversification in Collier County; and W'HER.EAS, the County recognizes that successful business diversification requires confidentiality with respect to the plans, objectives, criteria, and corporate infom'mtion of business candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds, especially by a non-public agency such as the EDC; and WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081, Florida Statutes, and in other provisions of said statutes, the public interest in maintaining certain confidentiality in the business diversification and development process; and ~q-IEREAS, the County finds the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversification and development; and WHEREAS, pursuant Io the Florida Industrial Development Financing Act, Part Il of Chapter 159, Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and WHEREAS, in connection v,,'ith the performance of its responsibilities, the Industrial Developmem Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and 16A WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing and/or presenting such bond applications; providing continuing administration with respect to Bond issues which have been placed; and performing other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past and will continue in the future to expend subslantial sums from its private sector membership dues to promote economic diversification; and "7 WHEREAS, the business corrm'~unity in Collier County annually pays approximately $450.000.00 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's fiscal Year 1999/2000(October I, 1999 - September 30, 2000), the sum of Two Hundred Fifty Thousand and 00/I00 ($250,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. The County hereby grants to the EDC up to $250,000.00 for the term of thc Agreement for the EDC's business diversification and development activities, conducted in cooperation with the County, as described in the Summary Budget attached hereto as Exhibit "A". The EDC shall be paid for its actual cost not Io exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A," subject to the maximum Iotal amount, may be increased or decreased by up to ten percent (10%} at the discretion of the EDC. Adjustment in excess of ten percent (I 0%) of any line item must be authorized by the County Administrator or his designee. The payment of the County's grant shall be made to the EDC in bi- monthly installments, (to be interpreted as tv'ice a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay tile EDC more than the appropriated amount of $250,000 during the term of this Agreement. The EDC shall, within 30 days following the 18a' bi-monthly installment, (to be interpreted as the 9a' month) certify the amount of EDC private funds obtained and written commitments received for funds payable during the pending contract year for the previous nine months. 3 The EDC shall on behalf of the County: Establish and maintain staff to process, investigate and review business candidates of firms which will retain, expand and/or create high '.,.'age jobs in Collier County. bo Provide business promotion collateral materials and business assistance services to business candidates. Co Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds in accordance with the Summary Budget attached hereto as Exhibit "A". do Furnish the County Administrator with a quarterly narrative progress report on tile program and activities described in Summary Budget attached hereto as Exhibit "A". Such reports will contain 16A basic statistical information relevant to the economic diversification public/private partnership program and a statement of expenditures made in each budget category and line ilems identified in the Summary Budget attached hereto as Exhibit "A". Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will prescribe. This report will be on a fiscal year of October I through September 30, and will be due on November 15, of each year. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC 'and inventoried at least annually. Upon the expiration of the usefifl life of such equipment or upon the expiration of the aforementioned Agreement, whichever comes first, such equipment will become the property of the County or disposed of as authorized in v,q'iting by the County. The EDC shall purchase property insurance coverage to insure all real and personal property covered by this paragraph. Such policy shall name Collier County as a loss payee with respect to the loss of county purchased property. The term of this Agreement shall be for a period ofone (I) year to begin October I, 1999 and end on September 30, 2000, unless earlier terminated in accordance with paragraph 2 below. Either party may terminate this Agreement upon one hundred eighty (180) days wrinen notice to the other of its intention to terminate. In the event of termination, the County shall pay for ser,'ices and costs incurred, prior Io the date of termination. With regard to the portions of payments made to the Board in excess of the services and costs incurred by the EDC prior to the date oftermination, the EDC shall remit Io the County all of such excess portions. 3 3. After termination, and except as otherwise directed, the EDC shall: Stop working under the Agreement on the date, and to the extent specified, in the notice of termination. Place no further orders or subcontracts for materials, sen'ices or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. Terminate all orders and subcontracts to the extent that they relate to performance of work which was terminated. Prepare all necessary reports and documents required of the terms of the Agreement up to the date of termination, including the final report due at the end of the program, if aoy. without reimbursement for sen'ices rendered in completing said reports beyond the termination date. The EDC shall give ,,¥~'itten notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred eighty (180) days prior lo the expiration of the Agreement, as necessitated by the County budget process, l~owever, the County is under no obligation to renew such Agreement. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. The parties deem the sen'ices to be rendered by the EDC for thc County under tiffs Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other par~y without written permission of the County, If the EDC attempts to assign any rights or duties without prior written permission of tile County, this Agreement may be dcctarcd void by thc County and the EDC thereupon agrees to remit to the County all payments made pursuant to this agreement for the entire term of this Agreement. The EDC shall not enter into agreements with subcontractors for any of tile work conlcmplatcd under this Agreement withou! first obtaining written approval of tile County subject to such conditions and provisions as tile County may deem necessary; provided however, that no~vithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by thc EDCof such articles, supplies, equipment, and services which are necessary and incidental to the performance of thc work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for Ihe incurrence of any obligation of the County by any actions of the EDC. To the fullest extent permitled by law. the EDC ',,,'ill indemnify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by Ihe EDC of its responsibilities under this Agreement. The EDC is hereby declared by the parties to be an independent contractor fl~r thc pcrfi~rmance of the economic diversification and development activities and ',,,'ill be responsible for the initiating, maintaining and super..'ising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency as a result of its assumption of the duties described herein, The EDC agrees to comply with all apphcablc safety laws. ordinances, rules, regulations, standards and lawful order of any public authorsty having jurisdiction over the matter in question. The County shall render payments bi-monthly (to be interpreted as twice a monthl, commencing October I, 1999 through September 30, 2000. The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the EDC under this Agreement. The EDC shall open these records to inspection by County personnel at reasonable hours during the enlire term of the Agreement. Any person duly authorized by the Count)' shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3)),ears thereafter, The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public/private partnership for economic diversification. The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement. The provisions of this paragraph will sup,'ive termination of this Agreement as to tile fiscal years, or portions thereto during which this Agreement is in effect. The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status, 16A All notices required in this Agreement shall be hand delivered or sent by certified mail. return receipt requested, and if sent to the County shall be addressed to: 3 Greg Mihalic Director of Housing and Urban Improvement Collier County 2800 North Horseshoe Drive Naples, FL 34104 And ifsent to the EDC Shall be addressed to: Susan Pareigis Executive Director Economic Development Council of Collier County, Inc. 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both panics hereto, and attached to the original of this Agreement. The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the EDC certifies that is, its affiliates, supphcrs, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S.287.133 (3)(a). IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above. ATTEST: Collier County. Florida Board of County Commissioners /~Pamela S. Mac'Ki¢, Chairwom~an 16A WITNESS: /1 , , Signature {~ , !(/ r,, , Signature N'ame (Printed) EDC: Economic Dcvclopmcnt Council of Collier County. Inc. ~ ,By: EDC Boarff'6 f Directors APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney Bud qet Economic Diversification 1999 -2000 PERSONNEL Salaries Includes salaries, taxes & benefits $ 215,700.00 MARKETING Collateral Materials To include, but not limited to: Demographic Profile Demo Resources Pack Pgrms & Services Brochure Hi Tech Recruitment Campaign $ 29,800.00 EQUIPMENT PURCHASES $ 4,500.00 TOTAL $ 250,000.00 Document Prepared By: Ma.dc .~. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 16 4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this __ ~ day of~ 1999 between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board &County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat &subdivision to be known as: "I1 I la i dl ' r k" Division 3.2 ortho Collier County Land Development Code allows the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: Developer will cause to be constructed water, sewer, ,.;torm sewer, roads, landscaping and irrigation improvements within 36 months from the date ofapproval 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 $512,110.50 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 improvement 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. 16A4 The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with thc final project records )lave been furnished to be reviewed and approved by the Development Services Director for compli~ce 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 wiring of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Six (6) months ,x,"ter the execution ofthis Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement ofsubstantial 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 an:ount of the subdivision performance security for the 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. Tile Boa. rd 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. The Developer, a.s principal under the subdivision performance security, shall be liable to pay and tn 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 ~ny 1614 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. 9. All ofterms, 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 _~P_.a~_.~ 1999. Signed. Sealed and Delivered in the presence of: (Printed or Typed Name) (Printed or Typed Name) 951 Land Holdings Joint Venture BY: Gulf B/gy 100, LTD By I~/General Partner,// Presidem BY: , Ferra~/ BY: ParcelZ, lnc. ~ BY: J. ~lCarthy, Presi~nt ,. Attest: :.". ~,,'.'Dwi'~t E.. Brock, Clerk : .': .',,';. -- ~ , , ~ ~,~:.:' ~...DeiSuty Cle~ ~ Dasd C. W~gel ~ ~ Collier Coun~ A~omey Board of County Commissioners Chairperson (Isla del Sol) 16A4 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that 951 LAND HOLDINGS JOINT VENTURE. a Florida general paxlnership 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 (hereinafter referred to as "Owner") and GREENWICH INSURANCE COMPANY 160 Water St. 16th Fl. New Yor , NY 0038 Bond {35000058 (hereinafter referred to as "Surety") are held and firmly bound unto Collier Counly, Florida, (hereinafter referred lo as "County") in tolal aggregate sum of Five Hundred Twelve Thousand One Hundred Ten and 50tl 00 Dollars (S512,110.50) in lawful money of the Unit~:d States, for the payment ofwhich sum well and truly [o be made, we hind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as Ibc context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by thc Board a certain subdivision plat named Isis del Sol Village and thai certain subdivision shall include specific improvements which axe required by Collier County Ordinances and Resolutions (hereinafter"Land Development Regulations"). This obligation ofthe Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of {he specific improvements described in the Land Development Regulations (hereinafter the 'Guaranty Period"). NOW, THEREFORE, ifth¢ Owner shall well, tt-uly and faithfully perform its obligations and duties in accordance with thc Land Development Regulations during Ihe guaranty period established by the County, and Ihe Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure lo do so, and shall reimburse and repay thc County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, other'wise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulales and agrees Ihat no change, extension of lime, alteration, addition or deletion to the proposed specJ fie improvements shall in any way affiect its obligation on this Bond, and it does hereby waive notice of'any such change, extension of time, alteration, addition or deletion to thc proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shah be deemed amended automatically and immediately, without formal and separalc amendrnents hereto, so as IO bind the Ownec and the Surety lo the full and Paithful performance in accordance ,,,.'il h lhe Land Developmen! Regulations. The Icrn'~ "Amendment." whenever used in this Bond, and whether ret'erring to this Bond, or other docun':ents shall include any alleralion, addition or modification of any character whatsoever. fi;~ ~,~,,~- A Page 1 of~' IN WITNESS WHEREO~', thc parties hj, r~to_j?.a.v,' caused this PERFORMANCE BOND to bc WITNESSES: 951 LAND HOLDINGS JOINT VENTURE, a Florida general parlnership By: GULF BAY I00, LTD. a Florida Limilcd Parlncrship. a Panner By: GULF BAY 100, lnc., a Florida Corporalion, ils General Panner, on behall'o£[l~e partnership and itself By: · By: PARCEL Z, INC.. a Florida corporalion, a panner By: i ndi'.'s',d~al{y SURETY: GREENWICH INSURANCE COMPANY Name: ScoH Adam~ Title: Allomey-in-Fa¢l Page 2 of~. The foregoing instrument was acknowledged before Ibis& day of.~ 1999, by AubrcyJ. Fcrrao, Prcsidcnt of GULF BAY [00, Inc. , a Florida 'corporat/on, general partner of Gulf Bay 100, Lcd., a partner of 95l Land Holdings Joint Venture. partnership. He ts personally Known to me and did not take an oath, n°r~'~te..^n tw Fto~.~ Notary Public .o~xo r~u~,.~..or~.n My Commission Expires: (SEAL) STATE OF NEW YORK COUNTY OF NEW YORK ~ ~ ~eroregoinginstrument wasacknow~edge~roretbis ~'~ayor ~F~, ~,by J. McCarthy, President ofPARCEL~, INC.,~ bchalf~ration., ~ partner of 951 Land Itoldlnga Joint Venture. identification and did no~ lake an oat~. ~a~ ~uu~. s,a~ o~ .:'~ YJ~ No~ Public Queried m Wes1~et~e~ C~n~y Commission No. ~y Commission Expires: (SEAL) STATE OF NEW YORK COUNTY OF NEW YORK On this ~ day of ~~_.__.__, 1999, before me personally came SCOTT ADAMS, who is known to me, or who has produced a driver's license (#~) ~ ident~cation, who being duly sworn by mc did depose and say that he resides in Ar~:,~O ~t,4~ ...~~, that he is Attorney-in-Fact of Greenwich lnsu~nce Comply, thc co~orafion descdb~ in and which executed Ibis inst~mcnl; that hc ~ows the sca~ of said co~oration; Ihat the seal a~xed to said instrument is such co.orate seal; that il was so a~xed by order of the Bo~d cf Dir~tors of said co~oration; ~d that the liabilities of said Company do not exceed its ~scts ~d ~c~aained in Ihe m~ner provided in S~tion 183 of thc lnsuance Laws~lu~haptc: 33 of the Consolidated Laws of Ibc State of N~w York. Nola~ Public: F:~SE~WANDAWIDDLE ~IS ~PE RFO~I ~N D ~ .~$~ Page 3 of ~ ¥* '~ * ' ~ GREENWICH INSURANCE COMPANY · ,, .. POWER OF ATI*0RNEY SCO~ Ad,me, Charle~or~iran ~ ' 12th June ~enwich ,June 99 "' Mary A. Roddy, Vice President ... Greenwich CERTIFICATE ~y c~ ~ ~ ~ELO LKaren M. Manente Assistant Secretary GREENYVlCHINSURANCECOMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABIL~IES. CAPITAL AND SURPLUS December31,1998 Llablilllal: adju$1menl expenses $32,520,945 lO0.O00 Uneerned p~amluml Funde held unde~ reinsurance Ireafies Other habg~tm! 1,043.765 7,602,025 ! .903.321 4.461.522 16A4 To~I Invested Asletl 32.620.945 Total Llabllltlee 25.010,633 Clstt 10,24,9.734 Capltaf end ~ balaftc, e,l Ct' CapJlal slock 3.558, t00 ur~ premium ~.033.93a Film:la ~ by ot de;x~lltcd. Paid-in surplu~ 21,915,853 with rlln~ura~e companies 3,616,364 Rik'~a.~'t4x~ rl<:ovm'abi4 on Iole Unassigned ~,urplu$ 722,06E ~ loll Id~, 4xpen,le pa~,nent$ 1.$82, t 34 ACC~ Inl~'~s.t ,Ind dt,~ndl. 716.029 Tolal Capital and Surplue 26.1~.019 ~ edmdlt(KI t$1IIS Tolal LlebllRlaa, '/'oLal Admitted Aeleia $51 ~ 652 Ceplla! a~d Su~lue $51 2~ 652 I, John sa. Wo~g. VIci Prllldent abm Co~ttoltlr ol Gr~ Insura~ Comfy, (the "~a~') ~ ~ ~, L~I. ~ a~ S~I of t~ C~II~, Il ~ D~mbet 31. l~e, ~eoar~ tn ~. ~ ~ I~t~l S~ ~t be taken Il a ~ele atateme~ of flnl~ ~it~n or I~ ~. ~h 1 s~ta~nl b avaiab~ u~ ~ten t~elt Bt the C~/II~'a ~l~clpal o~ce I~ated ~ ~ESS ~GREOF, I ~ ~nto la1 ~ ~ a~ aF~x~ t~ leal of t~ ~at~ al Green~h. 16B RESOLUTION NO. 99- 374 A RESOLUTION APPOINTING AND AUTHORIZING THE PUBLIC WORKS ADMINISTRATOR, THE TRANSPORTATION DIRECTOR, THE STORMWATER MANAGEMENT DIRECTOR, AND THE PUBLIC WORKS ENGINEERING DIRECTOR TO EXECUTE GRANT, AND PERMIT APPLICATIONS AND OTHER DOCUMENTS PE, RTAINING TO THE CONSTRUCTION OF PUBLIC WORKS IMPROVEMENT PROJECTS. WHEREAS, the Board of County Commissioners of Collier County has a need for Public Works activities throughout the County xvhich require application for grants and permits through local, state, and federal agencies; and WHEREAS, it is the intention of said Board to make applications and submit documents to local, state, and federal agencies; and WHEREAS, in order to expedite processing, it is necessary to officially appoint and have of record County officials authorized lo execute grant, and permit applications on behalf of the Board to various agencies including the following: Florida Department of Transportation Florida Department of Environmental Protection U.S. Am~y Corps of Engineers U.S. Coast Guard Federal Aviation Administration Fish and Wildlife Conservation Commission Big Cypress Basin/South Florida Water Management District Federal Environmental Protection Agency NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Public Works Administrator, the Transportation Director, the Stonnwatcr Management Director, and the Public Works Engineering Director are hereby appointed and authorized to execute the documents aforesaid for and behalf of Collier County. 2. Resolution No. 86-30 is hereby repealed and superseded by this Resolution. THIS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY VOTE FAVORING ADOPTION. DATE: ._~-~, ~,%, ~q.~ ATTEST: DWIGHT E. BROCK, CLERK f~('" ' '-~ : .,D'~Uty ~ie[k = ";A~0r0*ed~ as to fora and legal sufficiency.1 ~ He{di F. ~fiton " Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: A~ '~~0 P MAN 1 16B 2 MEMORANDUM Date: To: From: Re: September 30, 1999 Michael Dowling, Real Property Specialist Real Property Management Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Agreement Between Collier County and the Naples Airport Authority Please find enclosed the original document as referenced above, (Agenda Item #16B2), as approved by the Board of County Commissioners on September 28, 1999. Kindly forward the agreement to the City of Naples Airport Authority for the required signature and return the fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure Lease #250 LEASE AGREEMENT 18B 2 THIS LEASE AGREEMENT, entered into this 28___.th. day of September 1999, by and between'the City of Naples Airport Authority, hereinafter referred to as LESSOR, whose address is 160 Aviation Drive North, Naples, Florida 34104 and Collier County, a political subdivision of the State of Florida, hereinafter referred to as LESSEE, whose address is 3301 East Tamiami Trail, Naples, Florida 34112. WITNESSETH THAT, I~or and in consideration of the covenants herein contained, LESSOR does hereby lease to LESSEE and LESSEE docs hereby lease from LESSOR, those certain "Demised Premises" as shown on Exhibit "A', attached hereto and made a part hereof, within the Naples Municipal Airport, Naples, Florida, hereinafter referred to as "Airport". ARTICLE 1. ~ LESSEE agrees that it will use the Demised Premises for the sole purpose of operating a trash transfer station. It is specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of an exclusive right to LESSEE within the meaning of Section 308 of the Federal Aviation Act. Further, nothing in this paragraph shall be construed per se to allow LESSEE to conduct any aeronautical activities other than those specified in the paragraph above, or those specified in any agreement hereinafter entered into between LESSOR and LESSEE. LESSEE further agrees that it will not use, nor permit thc Demised Premises to bc used, for any unlawful purpose, for any purpose that would unreasonably cause an increase in thc rate of insurance on thc Demised Premises, nor for any purpose which would disturb nearby properties or lessees of thc Airport. LESSEE shall not allow thc Demised Premises, or any improvement thereon, to rcmain vacant or unoccupied for a period o f ten (10) or more consecutive days. IfLESSOR should require use of the Demised Premises for road expansion at any time during the term of this Lease or any renewals thereto, LESSOR shall provide LESSEE with property equal to that which is used for road expansion in an area im~nediately to the south of the Demised Premises, hereinafter referred to as the "Revised Demised Premises'. LESSOR agrees to clear, level and limerock the new area to be used by LESSEE. Upon acceptance of the Revised Demised Premises by LESSEE, LESSOR shall provide LESSEE with an Exhibit to be attached to this Lease entitled, "Revised Demised Premises" for future reference. ARTICLE 2. ~ To have an hold for a term of one (1) year, commencing on September 29, 1999 and terminating on September 28, 2000, unless said term shall be sooner terminated as hereinafter provided. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for two (2) additional terms of one (1) year each, under the same terms and conditions, except as to the rental amount, as provided herein, by giving written notice, of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Certified or Registered Mail, Postage Prepaid. LESSEE and/or LESSOR shall have thc right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to the address set forth in Article 33 of this Leaso. Said notice period shall commence upon placement of the written notice in mn official depository of the United States Post Office, Certified or Registered Mail, Postage Prepaid. · ART:CLE 3. ~ . · 16B 2 LESSEE hereby covenants and agrees to pay for the Demised Premises the sum of One Thousand Eight Hundred Sixty-five Dollars and Sixty Cents ($1,865.60) monthly all in advance on the first day of every calendar month during the ten'n hereof. In the event LESSEE fails to pay thc rentals, fees or charges as required to be paid under thc provisions of this Lease within thirly (30) days after the same shall become due, interest at one percent (1%) per month shall accrue against the delinquent payment(s) until the s:m~e are paid. Implementation of this provision shall not preclude Irc I.ESSOR from tcrm}nating this Lease for dcfimlt in the payment of rentals, fees or charges, or from enforcing any olhcr provisions contained hcrcin. Should an extension of the Lease be granted for additional terms, commencing on the expiration date of this Lease, the annual rental payable by LESSEE as provided in Section 3 shall be subject to increase as of October I ofeach year for thc ensuing year of the Lease. The then current annual rental shall be increased by an amount not to exceed the percentage of increase in the Consumer Price Index during the preceding year. For the purpose of this Louise, the Consumer Price Index is the Consumer Price Index for all urban consumers, U.S. city average, using an mdcx for the month of August. The rental payable by LESSEE to LESSOR hereunder shall be paid at the office of the City of Naples Airport Authority at 160 Aviation Drive North, Naples, Florida 34104. ARTICLE 4. Not applicable and delclcd. ARTICLE 5. ~ Not applicable and deleted. (applies to tenants dispensing fuel) ARTICLE 6. : ' ': LESSOR will not fimfish the Demiscd Premises with trash dumpster service or the services of a night security force. LESSEE agrees to pay all charges for gas, electricity, or other utilities and services used at the Demised Premises. If at any time during which this Lease is in effect, the Demised Premises, leasehold interest, or rental payments become subject to any federal, state or local tax, property, sales, excise or otherwise, LESSEE agrees to assume the payment of such taxes and shall include such payments with the rental payments required hereunder; provided, however, that LESSEE shall in no circu,nstances be obligated to pay any laxes based on the net income of LESSOR. ARTICLE 7. - x, LESSEE, in exercising any rights or privileges herein granted to it, shall not, on the grounds of race, color, creed, or national origin, discriminate against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the United States Secretary of Transportation. LESSOR ia hereby granted the fight to take such actions, anything to the contrary herein notwithstanding, as the United Staten may direct to enforce this non-discrimination covenant. ARTICLE 8, ~ LESSEE assures that it will underlake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, color, national origin, er sex, be excluded form participating in any employment, contracting or leasing activities covered in 14 CFi*, Part 152, Subpart E. The LESSEE assures that no person shall be excluded, on theses grounds, from partici?;.ing in or receiving the services of any program or activity covered by Ibis Subparl. 16B 2 The LESSEE agrees to comply xvitla any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Pan 152, Subpart E, as part of the affim'mlive action program or by any Federal, State or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The LESSEE agrees Ihat State or Local affim~ative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR, part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. ARTICLE 9. ~ - ~ - LESSEE has examined atltl knows thc condition of thc Dcmiscd Prcmiscs, has rcccived the same "as is," and acknowledges that no representations as to Ihe condition thereof have been made by LESSOR prior to or at the execution of this I.cztsc. LESSOR shall not be liable for damages or loss suffered by LESSEE'S business, or for injuries Io persons or property occasioned by bursting, overflowing, or leaking of water sewer or steam pipes, or fi'om heating, air conditions or plumbing fixtures, or from electric wires, or from water leaks of any kind. ARTICLE 10. ~ LESSEE shall not make any alterations, additions or improvements, or engage in any construction of the Demised Premises, without tile prior written consent of LESSOR. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. LESSOR agrees Ihal any ahcrations, additions and improvements made to the Demised Premises during the term hereof, shall be the property of the LESSEE, and LESSEE shall remove all improvements from the Demised Premises, upon the expiration of the term hereof. In the event LESSEE fails to remove any improvements by the expiration of the Lease, LESSEE shall continue to pay full rent to LESSOR until said improvements are removed. LESSOR shall have the option, after expiration of the Lease, or removing any improvements and charging thc cost of removal to LESSEE. ARTICLE 11. · LESSEE shall keep and maintain the Demised Premises in good order and repair Ihroughout the term of this Lease, and shall make all necessary repairs thereto, including, without limitation, all non-structure repairs, including, without limitation repairs to fixtures, facilities and equipment, and further shall replace all broken glass with glass of thc same size and quality as that broken. In tile event LESSEE fails to undertake the repairs required hereunder, LESSOR itl addition to the other remedies provided herein, shall have the right to make such repairs, at LESSEE'S cost and expense. LESSEE shall keep the Demised Premises and improvements in a clean sod healthful condition according to all applicable governmental statutes, rules, ordinances and regulations, LESSOR'S rules and regulations, and any direction of duly authorized public officers during the term of this Lease, all at LESSEE'S cost and expense. Upon the termination of this Lease or any renewals thereof, in anyway, LESSEE shall yield up the Demised Premises to LESSOR in good order and repair, loss by fire, and ordinary wear and tear excepted, and will deliver the keys to said Demised Premises to LESSOR at its offices described above. ARTICLE 12. ~ LESSEE hereby agrees to comply with (i) LESSOR'S Rules and Regulations for the Airport, on file in the office of the Executive Director of the Airport, and made a pm hereof, as such regulations may be amended fi.om time to time by LESSOR in its sole discretion or by the Executive Director as he or she may be authorized, and (ii) LESSOR'S Leasing Standards and Requirements for the Airport, also on file in the office of the Executive Director of the Airport, and made part hereof, as said Standards and Requirements may be amended from time to time by LESSOR in its sole discretion. LESSEE also shall comply with any and all applicable governmental statutes, rules, orders and regulations. LESSEE further agrees that it will not allow any signs, cards or placards to be posted or placed on the Demised Premises except signs identifying LESSEE and its business and the use of said Demised Premises and appropriate directional signs necessa~ and appropriate for the conduct of LESSEE'S business approved by the Executive Director through the LESSOR. All signs and/or othcr advertising to bc placed on or in thc vicinity of the Demised Premises by LESSEE shall have prior approval by LESSOR lhrough the Exccutive Director, and shall be in conformance with Ordinances of thc City ol' Naples, Florida, and shall not extend above or beyond the extension of the walls and ceilings of the Dcmi,;cd Premises. Upon expiration of this Lease, LESSEE shall remove all signs and/or advertising at the dirccl;, m of LESSOR. ARTICLE 14. There shall not be allm,,',.d, kept or used on tile Demised Premises :my flammable or explosive liquids or materials except snch as m;~y be necessary for use in Ire business of LESSEE, in which event any such substances shall be delivered in amount, and stored and used, as approved hy LESSOR in accordance with the rules of the Florida Inspeclion and Rating Bureau and all olher applicable statutes, ordinances, rules, regulations and statutes in fro'c,: and effect during the term of this Lease. ARTICLE 15. ASSIGNMEN I' AND LEASEHOLD IMPROVEMENTS LESSEE shall not assign this Lease, nor sublet the Demised Premises, or any part hereof, nor permit the same, or any part thcrcol: to be used for any other purpose than as above stipulated, nor make any alterations thereon, or additions thereto without written consent of LESSOR. Such consent shall not be unreasonably withheld. It is ftmher understood and agreed that LESSOR is in no way responsible to reimburse LESSEE for its investment in structures, fixtures and equipment on the Demised Premises. LESSEE further agrees that upor~ the expiration of this Lease, LESSEE shall remove any and all structures and fixtures, unless LESSOR agrees to accept same, and deliver up the Demised Premises to LESSOR peaceable, quietly and in good ,~rder and condition, reasonable wear and tear excepted. ARTICLE 16. DISCHARGE In the event of tile filing of any mechanic's lien or malerialsmen's lien or liens, or any other charge whatsoever against the Demised Premises or an improvement thereof during the term of this Lease, (or any extension thereof), LESSEE immediately shall take all necessary steps to secure the release of same. In the event LESSEE fails to take reltsonable steps to secure the release of any such liens or charges, LESSOR upon ten (10) days prior written notice to LESSEE, shall have the right and privilege of taking the necessary steps, including payment, to secure the release of any such lien or charge, and any amount so paid by LESSOR including reasonable expense and costs (including attorneys' fees), shall be added to the rental due hereunder from LESSEE to LESSOR and shall be paid hy LESSEE to LESSOR immediately upon receipt by LESSEE from LESSOR of any itemized statement thereof. ARTICLE 17. INDEMNIFICATION Not applicable and deleted. ARTICLE 18. INSURANCE REQUIREMENTS LESSEE agrees to secure and maintain in force and effect Workers Compensation Insurance as required by the State of Florida and shall maintain insurance throughout the terms of this Lease against claims for personal injury or property damage under a policy of general liability insurance in amounts of not le.~ than $I00,000.00 for bodily injury or death per individual, $200,000.00 aggregate bodily injury or death coverage per incident, and $ 100,000.00 for property damage. Proof of such insurance coverage shall be made in writing to AUTHORITY prior to execution of this Lease. Insurance shall be non-cancelable except upon fifteen (15) days prior written notice to LESSOR. Said insurance policy or policies providing aueh coverage, as well aa the insurers providing same, shall be subject to the prior review and approval of LESSOR. Said proof of insurance shall include a statement by the insurer, or its agent, that LESSOR will receive any and all notice~ of any riders, waivers, exclusion, renewals or termination of coverage. Upon receipt of any noti¢, of impairment or reduction in coverage of such insurance, notwithstanding anything herein to the contrary, LESSOR has the right Io terminate this Lease and require the removal of LESSEE and all its belongings within ten (10) days of such termination. ARTICLE 19, · S - ~ 161 2 LESSEE agrees to allow LESSOR'S Executive Director, or olher duly aulhorized representative or agents of the LESSOR, access at all reasonable times to the Demised Premises for the purpose of examining or inspecting san'~e. ARTICLE 20. : '~ .... LESSEE, at tile tci'inination of this Lc.'~sc by lapse of timc or otherwise, will yield up immediate possession of the Demised th'cruises to LESSOR, and failing to do so will pay as rental to LESSOR for thc entire time such possession is withheld, thc sum of Ten Dollars ($10.00) plus one thirtieth or thc monthly rental in effect at thc time ol'said Icrminatiou, per day; providcd Ilml thc provisions of this clause shall not be deemed a waiver by LESSOR of any right or re-curry as herein provided, nor shall thc receipt of said rent, or any part thereof, or any other act in apparent affirmation of tenancy, by LESSOR, operate as waiver of any right or remedy available lo LESSOR hereunder lyf a breach or any ot' thc covenants herein contained. Upon the expiration of the term hereoF, LESSEE, also shall remove its personal property and equipment from the Demised Premises, and LI:.SSEE shall bc liable and pay for any damage caused to the Demised Premises, or any oflmr property of LESSOR, as result of such removal. ARTICLE 21. · I . In the event of dcfimlt by LESSEE, itl thc payment of the rental herein provided for on the day same becomes due or payable, and such default continues for Ica (10) days, or itl the event of any default by LESSEE with respect to any mher covenant or obligation of LESSEE heretmtlcr, then in any or either of such events, LESSOR at its election, at or after thc expiration of ten (10) days pervious notice in writing, may declare a forfeiture and termination of this Lease, and at that time, all reut due or to become due under Ihe then existing term of this Lease shall become immediately due and payable. In addition, LESSOR may re-enter said Demised Premises, with or wifllout process of law and, if necessary, remove LESSEE or any persons occupying said Demised Premises under LESSEE, without prejudice to any remedies which might otherwise be used for arrears or rent. LESSEE hereby waives any demand for possession of tile Demised Premises and any structure or improvement then situated thereon, and agrees that upon termination at such election of LESSOR, kESSEE will surrender and deliver the Demised Premises immediately. If, due to tile actions or policies of LESSOR, its successors or assigns, LESSEE'S use of the Demised Premises as described and aulhorized hereinabovc, shall be prevented or suspended for a period of more than thirty (30) consecutive days, LESSEE, at its optitm, upon thc cxpiralion of Ica (10) days previous notice in writing to LESSOR, may declare the tenn hcrco[' or any extension thereof ended, and LESSEE shall no longer be responsible for rental accruing after said termination. LESSOR further shall have the right to terminate this Lease in thc event of the occurrence of any of the following: insolvency of LESSEE; tiquidatiou or dissolution oF LESSEE; the institution of a voluntary or involuntary bankruptcy proceeding by or against LESSEE; assignment by LESSEE for the benefit of creditors; or the appointment of a receiver or trustee to manage the property of LESS EE. ARTICLE 22. I -, In the event that tile Demised Premises or the improvements located thereon shall be destroyed in whole or in substantial part by fire, or other casualty, LESSEE, at its option, may terminate this Lease or, at it~ cost and expense, may repair or reconstruct said Demised Premises or improvements within ninety (90) days. In the event that the Demised Premises or improvements are wholly destroyed, and LESSOR elect~ to repair $arne, the rental beret, rider shall abate during the period of said repair. In the event that same are d~troyod in substantial part, and LESSOR elects lo repair same, then rent hereunder shall continue to be paid, pro rata, during tile period of said repair, based upon that portion of the Demised Premix. ia which remains tenantable. ARTICLE 23. ~ LESSOR reserves tile right to further dcvclop or improve thc landing area of the Airport as it sees fit, regardless of the desires or view of LESSEE, and without interference or hindrance. LESSEE agrees ~o pay ~hc cos~ of collection and attorneys' fees on any pa~ o~ said renta~ that may be collected by suit or by attorneys, after thc same is thirty (30) days past duc. LESSEE also agrees to pay any attorneys' fee~ neccssitatcd by thc cnforccmcm of any provision herein contained. LESSOR shall pay any attorneys fees and costs incun'ed by LESSEE arising out of this Agreement should LESSEE prevail in a court of competent jurisdiction. ARTICLE 25. ' . · ' . Not applicable and dclelcd. (Applies to tcna,,ts with aircraft) ARTICLE 26. ~ ' : Not applicable and deleted. ARTICLE 27. ~ Not applicable and deleted. ARTICLE 28. 3LE.S_TJ.E_G Not applicable and deleted. ARTICLE 29. ~LT2:LQR~,~L~O~ The entering into and execution of this Lease has been duly authorized and approved by LESSEE'S Board of Commissioners and thc person executing this Lease on bchalfo£ LESSEE has been duly authorized to do so. ARTICLE 30. ~LE]~:L~3~.,~ This Lease shall be govcmed by and intcrprcled according lo the laws of thc State of Florida. ARTICLE 31. ~ This Lease shall be binding upon, and inure to the benefit of the parties hereto and their successor and assigns. ARTICLE 32. . - The fights and remedies granted to LESSOR hereunder shall be deemed to be cumulative and non- exclusive. ARTICLE 33. NOTICES Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners Real Property Management Department 3301 East Tamiami Trail, Administration Building Naples, Florida 34112 ce: Director, Solid Waste Department LESSOR: Executive Director City of Naples Airport Authority 160 Aviation Drive Norlh Naples, Florida 34104 ARTICLE 34. ~ In thc event any provision of this Lease is determined to be unenforceable, sttch provision shall be considered separate and severable from the rcm;,ining provision of this Lease, which shall remain enforced and be binding as though such unenforceable provision had not been included. ARTICLE 35. ~~ This Lease constitutes thc cn[ire agrccmcnt between thc parties hereto, supersedes any and all prior written or oral agreements or understandings, :md may be modified ouly in writing and executed by the parties hereto. ARTICLE 36. [ZQ~ The parties hereto expressly understand that this Lease is subordinate and subject to all existing agreements between LESSOR and the Federal Aviation Administration or between LESSOR and the State of Florida. ARTICLE 37. ~ LESSOR reserves unto itself, its successor and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Demised Premises, together with the fight to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for use o[. said airspace ['or landing on, taking off from or operating on the Airport. ARTICLE 38. ~ The LESSEE expressly agrees for itself, ils successor and assigns, to prevent any use of the herein described real property which would interfere with or be a hazard 1o the flight of aircraR over the property to and from the Airport. ARTICLE 39. ~ LESSEE expressly agrees for itself, its successors and assigns, to prevent any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airpor~ hazard. ARTICLE 40. ~ LESSEE expressly agrees for itself, its successor and assigns, to restrict thc height of structures, objects of natural growth and other obstructions on the Demised Premises to such height as to comply with Federal Aviation Regulations, Part 77. ARTICLE 41. ~ LESSOR shall not cause or encourage the condemnation of the Demised Premises or the Airport. If, at any time during the term of this Lease, title to the whole or substantially all of the Demised Premises shall be taken in condemnation proceedings or by any right of eminent domain, this Lease shall terminate and expire on the date of such taking and the fixed rental and other charges payable here~mder shall bo apportioned and paid to the date of such taking. For purposes of this paragraph, "substantially all of the Demised Premises" shall be deemed to have been taken if the untaken portion of the Demised Premises cannot be practically and economically used or converted for use by LESSEE for the purpose permitted by this Lease. The section HEADING is included for rcfcrcncc.purposes only and shall be employed to interpret or to construe this Lease. ARTICLE 43. ~ In compliance with Scclion 404.056, Florida Stalutes, all parties are hereby made aware o£ the following: Radon is a naturally occurring radioactive gas Ihal, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infom~ation regarding radon and radon testing may be obtained from your County Public l lcalth Department. In WITNESS WHEREOF, the parties have caused this Lease to be executed by their appropriate officials, the day and year first above written. As to the LESSOR: DATED: WITNESSES: Signature Print or type name Signature Print or type name CITY OF NAPLES AIRPORT AUTHORITY BY: LEONARD H. THORNTON, Chairman As to the LESSEE: A'~EST: By;~ ~: j"., .'. , .7 .;,: "i" '. ':: , Deputy Clerk .' ~mv~ ~ to fo~ ~d legal su~cicncy: ~i~t~t Co~t7 Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman Approved as to foma and legal sufficiency: Frank Kowalski, Jr., Naples Airport Authority Counsel 18B 2 0 r~ Z .00'0gL ~ ..~,cj2.00 N ,00'09 I. /~..t-t~,cj 2.00N Z 0 '~ o'~ z z 168 5 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 1_6B 7 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Updated 1996 16Bll FLORIDA DEPARTMENT OF CORRECTIONS INTERAGENCY/PUBLIC WORKS AGREEMENT This agreement made and entered into this ].8c day of Ju_E].7_l 1999, by and between the State of Florida Department of Corrections' ~/facility, ~, hereinafter referred to as Corrections, and C.C,R,M,~),hereinafter referred to as the Agency, is done so in accordance with Chapter s. 946.40 F.S., and Rules of the Department of Corrections, Chapter s. 33-3.003, F.A.C., Inmate Work Program and s. 33-3.017, F.A.C., Use of Inmates in Public Works The · f hi ' Work performed under this local agreement is determined to be value added or cost Savings as defined in the Community Work Squad Manual. Value Added x Cost Savings Corrections agrees to provide for those items so indicated with a check (./) to the I¢,~t of each appropriate number. All other items are to be marked "N/A" to the lefl of the number. 1. Screen the inmates for the work to be performed to provide a reasonabla basis to believe that none present a danger to property or persons. 2. Provide up to 08 inmates each workday for the ~ ! 3. Provide ~ vehicles and ~ Correctional Officers each workday to transport inmates assigned to the Agency and to provide supervision as agreed herein. 4. Provide food and drinks for inmate lunches. 5. Be responsible for the apprehension of an escapee and handling of problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disrup.ion in the work schedule. Be responsible for administering all disciplinary action taken against an ~nmate infractions committed while under the supervision of the Agency. Provide for medical treatment for ill or injured inmates and transportation of such Inmates. 24 Updated 1996 Inmate Labo[Agreement 16Bll Page 2 Conduct a background check, which includes a criminal history check, ~nd obtain approval by the institution/facility Superintendent or designee prior to ~uthodzing Non-Corrections personnel to participate in training to supervise inmates. ./.__z Provide orientation and training Io non-Corrections personnel approved to supervise inmates prior to their assuming supervisory responsibility of an inmate squad. Training will be in accordance with Corrections' guidelines for non-. corrections personnel supervising offenders. Provide refresher training each successive training year. 10. Notify the Agency in the event one of their employees fails to provide proper supervision of inmates. X 11. Provide inmates with all personal items of clothing appropriate for the season of the year 12. 13. Prowde inmates for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or the Department determines that a squad should not check out. Other (attached additional page if necessary). I1. The Agency agrees to provide for those items so indicated with a check to the left of each appropriate number. All other items are to be marked "N/A" to the left of the number. Provide Corrections with a schedule of hours which inmates will be worked in' accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule must be reported to an agreed to by Corrections. Provide supervision of inmates in accord with Department of Corrections Rules and Regulations. Non-Corrections personnel may supervise minimum and medium custody inmates. Each such person must have a background check, which includes criminal history check, and be approved by the institution/facility Superintendent or designee and complete required orientation/training in the supervision of inmates. Provide transportation of inmates to and from work if such is not provided by Corrections as agreed to in Section I of this Agreement. ~_.LA Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc,, necessary and appropriate to perform the required work. 25 Updated 1996 Inmate Labor Agreement 16Bl Page 3 5. Ensure that licensing or permits are obtained if required for the ~,ork to be performed. Provide necessary supervision and guidance for projects which require a permit which require technical assistance to complete the project. x Immediately notify Corrections in the event of an escape while the inma;e is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform his tasks in an acceptable manner. Record daily the number of hours worked by inmates using forms provided by Corrections and submit the form on a weekly basis to Corrections. Report all inmate injuries, regardless of how minor in nature, to corrections as soon as possible. Medically related complaints made by an inmate shall be reported to corrections as soon as practical. In cases of emergency, first aid, within the scope of the supervisor's medical training, shall be provided, request emergency health care assistance, and assistance rendered to corrections. X Provide inmates with a fifteen minute rest break in the morning and afternoon. 10. 11. 12. Provide an employee of the same sex as the medium custody inma;e(s) to be immediately available to render assistance in cases where the squad supervisor is of the opposite sex as the inmate. Require each non-Correction person approved to supervise inmates and other appropriate staff members to attend orientation/training in the sup~;.'vision of inmates prior to assuming supervision of inmates, .... Orientation/training to be provi0ed by the Department. Agency hereby agrees to be liable for, and shall indemnify, defend and hold Corrections harmless from all claims, suits, judgments or damages including court costs and attorney's fees adsing out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement, If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant ~.to Sectic?. 768.28, Flodda Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. 13. 26 16B 11 Updated 1998 Inmate Labor Agreement Page 4 The Department or the Agency may suspend this agreement or terminate this agreement with immediate notice, in whole or in part, when the interests of the Department or Agency requires such termination. Agreed to and signed this ~ day of ..~, Florida Deoartment of Corrections Cottier County Road & Maj..t. Dept. Title: Warden Name: ~ Name: ~Jor T~tie: CLERK '$ Appro,ved as to Corm end legal sufficiency 27 THIS AGREEMENT TO TERMINATE LEASE. hereinafter referred to as thc Agreement, entered into this .,~ day of S.~mber __. 1999, between COLLIER COUNTY. a political'subdivision of thc State of Florida whose address is 3301 East Tamiami Trail, Naples, Florida 3a, 112, bercinafier rcfen'cd to as LESSOR, and COLLIER HEALTH SERVICES, INC., whose address is 1454 Madison Avenue, Immokalcc, Florida 34142, hereinafter referred to as LESSEE, sets forth the [crms and conditions for thc cancellation of Ihat certain Lease Agreement dated November 14. 1995, and the First Amendment to Lease Agreement dalcd November 18, 1997. between the above stated parties, said Lease A~ecmcnt and Firsl Amendment to [.ease Agreement shall collectively hereinafter be referred to as the Lease. WITNESSETII: WHEREAS, LESSOR and LESSEE have entered into the Lease, whereupon LESSOR was to provide certain space and facilities for use by the LESSEE for the purpose of operating a public health care unit: and WHEREAS, LESSOR and LESSEE desire to terminate the Lease Agreement dated November 14, 1995 and the First Amendment to Lease Agreement dated November 8, 1997. NOW THEREFORE, the parties agree as follows: 1, LESSEE surrenders possession of the demised premises described in the Lease to thc LESSOR and thc LESSOR accepts the delivery of said demised premises on the date this Agreement becomes effective. 2. LESSOR hereby releases LESSEE of all obligations incurred under thc Lease. This release by LESSOR shall include all claims of damages, fees, rent or any other benefits LESSOR may have expected to derive from the Lease. 3, LESSOR hereby pledges and affirms that any sale, conveyance or other transfer of its interest in the demised premises shall not affect LESSOR'S representations made herein and that LESSEE may therefore rely upon the finality of the terms and conditions expressed in this Agreement. 4. By execution of this Agreement, LESSOR and LESSEE hereby terminate the Lease and release each other from all claims that either party may have against the other for any matter or anything arising out of Ibc Lease, 5. This Agreement shall be binding upon the LESSOR and LESSEE'S successors, assigns, and heirs. This Agreement shall become effective upon LESSOR'S execution of this Agreement notwithstanding lhat I.ESSEE may execute same at a later date. IN WITNESS THEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: ~ WITNESSES: (Printed Name) (Printed Name) (Print name and Title) AS TO LES~)R: _ D ATE D :._~.~~7.~a~,~ ATTEST: ...... , ; D~puty Clerk sJ,~!ture ,only: ,' Heidi F. Ashton ~is~t Coun~ A~ome7 BOARD OF COUNTY COMMISSION?RS COLLJEK~OUN_ TY, FLORIDA PA'MELA S. MAC'KIE, Chainvoman/ / APPROVED AS TO FORM AND CONTENT - WPD ~,'Od~ 01~ NC~ ?421-01.547 EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF  MModfmdd~h~d~. // BOARD OF COUb~¥ COMMISSIO ERS, COLLIER PTluilqs~o~ Prb~ 3301 Tamia~ Trail East- ~ NaDi~, FL 34112 .,~ ,,,? ', / A~~orm ~ leg,~-~y Ns les FL ' '~..~~ ;~J~'] '~'"' ~ ~ gOOO/tO00~ ~ Tt :CT e({/CT/OO PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .............. PARCEL NO ..................... FOLIO NO ..................................... S 88°10'34"E ~ 50.01' P.O.C. N.W, COR, SEC. 14, TWP. 48S, RGE, 27E, [ S 88°08'24" E 3151.50' 10' LEGAL DESCRfPTION COMM E~aCE AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH. RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE S 88'10'34' E ALONG THE NORTH LINE OF SECTION 14. A DISTANCE OF 50.01 FEET; THENCE NORTH 03'27'47' E ALONG THE EAST RIGHT OF WAY LINE OF IMMOKALEE ROAD (C.P~[46) AND THE WF.~T LINE OF SECTION I I, TOWNSHIP 4[ SOUTH, RANGE 27 EAST, A DISTANCE OF 259.20' TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER D~RIBED; THENCE CONTINUE NORTH 03'2'/'47" E A DISTANCE OF I 0.00 FEET; THENCE SOUTH 8S*0~'24" E A DISTANCE OF 3151.50 FEET; THENCE SOUTH 01'S3'l 6' W A DISTANCE OF I 0.00 FEET; THENCE NORTH Ig*O8'34' W A DISTANCE OF 3151.71 FEET TO THE POINT OF BEOfNNING. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 14 BEING N 03027'47" E. GENERAL NOTES 1) P,O,C, · POINT OF COMMENCEMENT 2) P,O,B, = POINT OF BEGINNING 3) SEC, · SECTION 4) TWP, · TOWNSHIP 6) RGE. · RANGE 6) R/W · RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~;,"'GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. it/240~ PUBMC WORK8 ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE SEPTEMBER 9, 1999 FAIRFPL SHEET 1 OF 1 RESOLUTION No. 16C A RESOLUTION OF COLLIER COUNTY FLORIDA, AMENDING SPECIEF1ED PARTS OF ARTICLE IV OF TIlE COLLIER COUNTY PARKS & RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY, WIIEREAS. the Director of Parks and Recreation has recommended to the Board of Count.,,' Commissioners that the following changes be made to the County's Park Recreation Fee Policy. That Policy was as last amended by Resolution No. 98-389 on September 22. 1998. Thc Director recommends the £ollowing:{a) Decrease the monthly Fitness Pass and increase the three (3) month Fitness Pass in Naples. (b) Eliminate thc corporate discount for monthly passes and three (3) month passes. (c) Increase thc cost for Summer Camp Programs in Naples and Immokalee/Everglades. (d) Increase the annual cost for the After School Program in Naples and lmmokalee (e)Delete Section L regarding combination passes and corporate discounts. {0 Establish separate (reduced) instructional fees for swimming lessons in lmmokalee. (g) Make Fitness Facilily Admissions Fees exclusive sales taxes. (h) Increase many of the Summer Camp After School Program and transportation fees for Immokalee and Naples. (i) Include into Class IV the Golden Gate fees all entities that are not included in the first lhree classes (j) Increase the Golden Gate Community Center rates for Class 4 outside of Taxing District. WHEREAS, the Board of County Commissioners hereby accepts thc recommendations of the Director of Parks and Recreation. NOW, TtlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY that: 1. Article IV of Collier County's Parks and Recreation Fee Policy, as amended, is hereby further amended only as follows: Sugden Amphitheater. Article IV Section A & B: User fees at the Sugden Amphitheater shall be (per hour) $30 for Class I and $60 for Class il. B. Article IV, Section K entitled "Collier County Fitness Centers Naples and Immokalee", Subsection 2 entitled Pass Fees (exclusive of sales tax) shall read: Entrance Fees exclusive of sales taxes: Month 3 Months Annual Naples $35 $85 $200 ($100 additional For Spouse lmmokalee 20 50 or family member Age 18 - 24) Students 15-I 7 years of age 75 Veterans Park Daily entrance fee shall be $4.00 exclusive of taxes. C. Establishes separate fees for swimming lessons in the Immokalee area. D. Article IV. Section N entitled "Collier County Summer Camps and After School Programs" are increased as follows: Summer Camps Naples lmmokalee/Everglades First child $450 $350 Additional child (same household) 400 250 3 week session only 200 150 16C After School Programs Naples Immokalee/Everglades Entire school year cost $836 Transporlation cost is per county bid 1 Day Camp 15 Easter Camp - per week 55 Christmas Camp - per week 55 $475 30 per session 15 40 40 E. Article IV, Section O. 2 - Golden Gate Community Center: User categories tbr Class IV now specify that commercial and for profit organizations and any other for profit group or individual and rental fees for Class 4 outside of Taxing District shall be $25.00 per hour. F. Article IV, Section O.5.(C)(8) now specifies that the user shall pay the costs of extra security provided by the Collier County Sheriff's Office. These fees are payable to Collier Parks and Recreation at the time of payment for use of the facility. 2. A copy of the Fee Rules, as hereby amended and adopted, is attached. 3. This Resolution repeals Collier County Resolution No.98-389. This Resolution adopted this ~.day of Septembcr 1999, after motion, second and majority vote in favor of passage. ATTEST: DWIGHT E. BROCK, Clerk ...... :"i'i" ..' ..': .( ~:'....;.i;".~. ;.,,;. D~phty Clerk ~omas C. Pa met Assistant County Attorney BOARD OF COUNTY OMMISSIONERS. COLLIER COUNTY, FLORIDA By: ~rwoman 16C 8 MEMORANDUM Date: To: From: Re: September 30, 1999 Marla Ramsey, Director Parks and Recreation Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Grant Agreement Between the Department of Environmental Protection and Collier County Enclosed please find two original documents as referenced above, approved by the Board of County Commissioners on September 28, 1999 (Agenda Item #16C8). Kindly forward the agreements to DEP for the required signature and return one fully executed original to Minutes and Records. If you should have any questions, please feel free to contact me at (8406). Thank you. Enclosures F2148 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development 8 This Agreement is made and entered into this day of , 19 , by and between ~he State of Florida, DEPARTMENT of Environmental Protection, hereinaf%er called the DEPARTMENT, and Collier County, hereinafter called %~.= GRANTEE, in furtherance of an approved public outdoor recreation :?: ~ject. In consideration of the mutual covenants contained herein a:'. ~ cursrant to s. 370.023, 375.021 and 375.075, Florida Statutes, and ~'~.~%er 62D-5, Part V, Florida Administrative Code, the par~ies he~..'~o agree as follows: i. This Agreemen~ shall :~ ~ ~erformed in accordance with s. 370.023, 275.021 and 375.075, Florz ...5~atutes; and Chapter 62D-5, Part V, Florida Administrative Code, .~=reinafter called the RULE. The GRANTEE shall comply with all provi ns of the RULE, which is incorporated into ~his Agreement bV ~>ference, as if fully set forth herein. Failure to comply with prc';~{ions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning tiaa !~r%e~presa~ion or applicasion ~ 'his Agreement shall be resolved Page 1 of _5 by the DE?ARTMENT whose decision shall be final and binding on the G~ANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of s. 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Sugden Regional Park (Florida Recreation Development Assistance Program (FRDAP) Project Number F20148), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Picnic facilities nature/walking/biking trail, fishing pier/walkway, restroom and other related support facilities. Page 2 of 15 8 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount GRANTEE Match Type of Match $ !00,000 50% $ i00,000 50% Cash and/or in-kind services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a prr:::.?r pre-audit and post-audit review. The DEPARTMENT'S Contract ~.[~:'.aaer shall, within sixty (60) days afzer receipt of a payment req';-~.~z, review the work accomplished to date under this Agreement and, if t~he work and payment request are in accordance with all applicable recuirements, approve the request for pa%~ent. The DEPARTMENT shall re~n 10% of the entire DEPARTMENT amounz ;ntii completion of the PROCE '[ .~nd all PROJECT completion documentation, as desuribed in the El :'ida Recreation Development Assiszan.le Program CompleEicn Docume:.' :zlon, Form FPS-A037, referenced in s. 62~'-~.058(4) of the RgLE, is s:.;::mitted to the DEPARTMENT by the GRANTEE. Prior to com~,encemen[ .' PROJECT co~%struction, the o~RANTEE sh~Zl submit for DEPARTMENT-::.eroval the documentation Page 3 of ':' 16g 8 described in the Florida Recreation Development Assistance Program Development Project Commencement Documentation Form, Form FPS-A034, referenced in s. 62D-5.058(7) (c)of the RULE. 6. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the Department by completing the Pre-Construction Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 7. The GRANTEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, referenced in s. 62D-5.058(3) (b)of the RULE, and incorporated into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including required matching contribution, shall be reported to the DEPARTMENT and summarized on certifAcation forms incorporated in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be utilized by the DEPARTMENT and the GRA[~TEE in accounting for PROJECT funds disbursed under the PROJECT ~nd sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. Page 4 of 15 8 8. The GPANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 9. PROJECT funds may be reimoursed for eligible preagreement expenses (as defined in s. 62D-5.054 .29) of the RULE) incurred by GRANTEE prior to execution of this Actcement as set forth in s.62D- 5.055{9) of the RULE. The DEPARTMElt7 and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made crior to the execution of t,lis Agreement with the exception of those .~:.:peditures which meet the requirements of the foregoing sections of the RULE. i0. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE au~ such request must be made prior ~o the PROJECT completion date. Page 5 of 15 11. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the G~J~NTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and apprcval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 13. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida S~atutes. Page 6 of 15 8 14. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE's contract will include this provision in all subcontracts issued as a result of this Agreement. 15. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 16. This Agreement may be ~nilaterally canceled by the DEPARTMENT in the event the GRANTEE ~efoses to allow public access to all documents, papers, letters or c~ker materials made or received in gonjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. t~. Following receipt of ~n audit report identifying any zeimburseme. n~ due the DEPARTMENT for non-compliance by the GRANTEE %~ith this Aqreement, the DEPARTMENT, following a review of the d~cumentation submitted by the GRAilTEE, will inform the GRANTEE in writing of any reimbursemen% due the DEPARTMENT. The GRANTEE shall be allowed a maximum of sixty (60) da].'s =tom the date of such Page 7 of i5 8 notification to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. 18. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 19. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Flori¢~ Legislature. 20. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 2~. If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation's specifications Page 8 of 15 160 8 for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GP~.N?EE, which is developed or acquired with FRDA? funds, shall be Jedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the offical public property records by the GRANTEE. ?ke GRANTEE shall ensure that the PROJECT, if on GRANTEE-owned land a?.s purchased or developed with FRDAP funds, shall be managed for ©~:%door recreation purposes for a minimum period of twenty-five (25) Tears from the completion date set forth in the PROJECT completion cer:i:~cate. Land owned by an entity other than the GRANTEE which GRANT£5 :onErols by lease, management agreement or dedication, and develcse~ with FRDAP funds, shall be managed as a public outdoor recreation area for a minimum period of twenty-five (25) years from ~he ccm~2esion date PROJECT completion certificate. Su~!. PROJECT shall be open at Page 9 of !5 reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than public outdoor recreational use, the GRANTEE shall replace the FRDAP facility, at its own expense, with a project of comparable scope and quality approved by the DEPARTMENT. in lieu of accepting a replacement facility, the DEPARTMENT may require return of all FRDAP funds with interest as specified in Paragraph 18. 24. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellarSon of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 25. No person on the grounds of race, creed, color, national ~rigin, age, sex, marital status or ability level, shall be excluded ~Yom participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Page 10 of 15 8 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Flcrida Statutes; or (b) If the amounts received e:.:reed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules cf the Auditor General promulgated pursuan% %c s. 11.45, Florida Statutes, or have a statement prepared by an indeTendent certified public accountan5 which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c% If the amounts received ds not exceed $25,000, have the head of the entity or organization attes5, under penalties of perjury, that the enti~%~ or organization has compiled with the provisions of this Agreement. 28. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inssect and approve the services for Page 11 of i5 8 payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1--800-848-3792. 29. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03{1), Florida Statutes, by Comptroller's Memorandum No. 11 (1.998-99) dated December 2, 1998, has been set at 10.0% per Page 12 of 15 16E 8 annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.~17, Florida Statutes, or Category Two, for a period of 36 months from nhe date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in ~aragraph 27, shall be submitted to the DEPARTMENT within ~ne 1) year from the PROJECT comple~ion date as set forth in the PROJECT comsletion certificate. 32. This Agreement is not intended nor shall it be construed a:~ granting any rights, privileges or interest in any third party wZthout mutual written agzeement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a Page 13 of 15 16g 8 revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 14 of 15 16g 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Ser'.,ices Division of Recreation and Parks 3900 Cormmonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP C~nt~ Manager Approved as to Form and Legality: This foI-m has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on May 20, i999, for use for one year. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY Pamela S. Mac'Kie, Chairwoman Title: Address: 3300 Santa Barbara E!vd. Naples, Florida 34116 Grantee Attorney **If someone other than the Chairman signs the contract, a =esolution,statement or other document authorizing that person to sign &he contract on behalf of the county must accompany the contract. FFS-A046 Revised 05/99 Page 15 of 15 MEMORANDUM Date: To: From: Re: September 30, 1999 Marla Ramsey, Director Parks and Recreation Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Transportation Agreement Between the District School Board of Collier County and the Collier County Parks and Recreation Department Enclosed for your use please find one fully executed Transportation Agreement for Governmental Agency, approved by the Board of County Commissioners on September 28, 1999 (Agenda Item $16C9) . If you should have any questions, please feel free to contact me at (8406). Thank you. Enclosures TRANSPORTATION AGREEMENT FOR GOVERNMENTAL AGENCY THIS AGREEMENT made and entered into this~ day of~ 1999 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and COLLIER COUNTY PARKS AND RECREATION by and through the Board of County Commissioners of Collier County, Florida, (Agency). WHEREAS, Chapter 234 of the Florida Statutes authorizes local school districts to enter into agreements with organizations for the use of school buses belonging to the school district, and WHEREAS, the Agency desires to utilize the school buses of the school district, and WHEREAS, Section 234.21 l(l)(a), Fla. Stat., provides that each school district may enter into agreements with the governing body of a county or municipality in the school district or any slate agency for the use of school buses of the school district for transportation of the elderly, transportation disadvantaged or for any county, municipal or state purpose. WHEREAS, this Agreement contemplates two (2) use options available to the Organization. Option A is for the provision of buses with drivers and Option B is for provision of buses only. Reimbursement to the School Board shall be based upon the Option selected by the Agency as determined by this Agreement. IT IS THEREFORE AGREED: 1. Option. A - BUS an~l Driver: (1) The School Board shall provide buses with drivers in accordance with the terms provided herein. 9 9 (2) For each vehicle and driver, the Organization shall reimburse the School Board for the use of the vehicle at the rate of $17.78 per hour and $1. ! 1 per mile and a fee (labor rate as needed) for cleaning and maintenance. 2. ' (1) Organization agrees to pay to the School Board $1.11 per operated mile for each bus, Operated mile is defined as every mile for each bus. Operated miles is further defined as every mile the vehicle is operated in support of the Organization's Program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Departmenl. Mileage will be recorded and billed by the School Board, Such bus will be returned to the Transportation Department of the School Board at the end of each operating day, The Organization will be assessed a cleaning fee (at a labor rate as needed) for each bus checked back in which is not clea~ed. (2) Such bus will only be operated by employees of the Organization who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. 3, The Agency agrees that all requests for use of buses and drivers will be made at least two weeks prior to the date requested. availability. 4. All service is contingent upon buses and/or drivers The Agency agrees that in the event of a cancellation the School Board will be given 24 hours advance notice. In the event the notice of cancellation is not issued to the School Board with 24 hours a fee of $ 25.00 will be due and payable to the School Board. 2 5. Payment for services rendered or due shall be assessed by the School Board by the 10th of each month and paid by the Agency by the ;t0th ofeach month. 6. The Agency shall indemnify and hold harmless the School Board from any and all liability ofthe School Board by virtue of these use of the school's vehicles. 7. The Agency, pursuant to Section 234.211(2)Co), Fla. Star., shall for purposes of liability for negligence be covered by Section 768.28, Fla. Stat. 8. The Agency agrees that there shall be no fee charged to passengers on the bus. 9. Effective January 1, 1995, each agency entering into a Transportation Agreement with Collier County Public Schools under Option B shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirements of a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agency may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laboratory. 10. The use of vehicles by the Organization shall at all times be subject to rules adopted by the School Board. 11. This Agreement shall commence on the date first above written and remain in effect through August 31, 2000. 12. This Agreement represents the entire Agreement between the parties and may not be mended except by written instrument signed by all parties hereto. 13. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed in the Presence of: S v3.-, L Print Name: Print Name: ' DISTRICT SCHOOL BOARD OF COLLIER COUNTY BY: Dr. Dan W. White, Superintendent - Nelso ~.~.--l~a er b er,/j r. Chairman Print Nim~: Print Name: '",. ATTEST: : ~.'.,I~l~ E. BROCK, Clerk ',,,,'~.~:...-::'::,,.- ,,:.... <' . "-,' '.:'- ' '.'2',.' ,*-.% '-:' .~: "' · ' :'."k' ."~::~ /'. ' · 'g .,'C:;,.,-:.v.'.':.,/:..., l~i~.i.~¥ Clerk .~'.;.: ?",": .'. '.',· -' "~ ',". ;?~"~- ' ' , .I ' · ' :';:'-' :'.' - ',.,.3'.~rinat:ur~ only. %:-'".,-:.at~ur~.~. b~ to form ;.,- [:, a '.~,'.l.~j~il.' suffzc~ency Thomas C. Pal~er Assistant County Attorney ~O~ER COUNTY PARKS AND ATION BY: "., Name: Title: BY: Name: '-,~ Title: cor.r,TER COUNTY ~ 4 This R,t=: 2558052 OR: 2612 PG: 2730 CLRRK TO THII BOARDRBCORDID in the OFFICIAL RlCORDS of COLLIIR COUNTY, FL CONTRACT BETWEEN COPIlS i~.00 !6C 10 COLLIER COUNTY BOARD OF COUNTY COMMISSI6NERS?~. AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTblENT CONTRACT YEAR 1999-2000 agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 1999. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination bem,'een the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 1999, through September 30, 2000, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal levels. Examples of environmental hcahh services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic matehal control, and occupational health. b. "Communicable discasc control services" are those scrviccs which protect the health of the general public through the detection, control. and cradication of diseases which transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such ser¥ices due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent andcontrol the spread of disease. ?dreary health care sen'ices are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women's, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the County Health Department will be handled as follows: The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility as provided in Attachment II, Part II is an amount not to exceed $4,894~478.00. The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility as provided in Attachment II, Part II is an amount not to exceed $1,959,489.00. b. Overall expenditures will not exceed available funding (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CI-ID shall be carried forward to the next contract period. (22> 2 lO c. Either party may establish service fees as allowed by law to fired activities of the CHD. The amount and purpose of such fees are listed in Attachments IV and V of this Agreement. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing, 30 days before the increase or decrease is ~.o occur, of the amount and purpose for the increase or decrease in funding. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail Naples, FL 34112 5. CHD DIRECTOR. Both parties agree the director of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director shall be selected by the State with the concurrence oF the County. The director of the CHD shall insure that noncategorical sources of funding are used to fulfill public health priorities in the community and the State Strategic Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director to the parties no later than October 1 ofeach year. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., .below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director must sign a justification therefor, and all county purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment VI. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Recognized Governmental Accounting Procedures and Governmental Accounting Standards Board, and the requirements of federal or state law. These 3 16C 1 records shall be maintained as required by HRSM 15-1 "Records Management Manual" and shall be open for inspection at any time by the parties and the public, except for those records that are not other,vise subject to disclosure as provided by law which are subject to the confidentiality provisions of subparagraph i, below. Books, records and documcnts must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the State Automated Management Accounting Subsystem; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department's Accounting Procedures Manuals, Accounting memoranda, and Comptrollers memoranda; iv. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR); v. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. The Collier County Health Department Trust Fund shall maintain an average trust fund balance · of n o less than 8% of its annual operating budget. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund and shall be accounted for in a manner which clearly iljustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II. Part I of this contract, with special projects explained in Attachment VlI. 4 There shall be no transfer of funds between the three levels of services without a contract amendment duly signed by both parties to this contract and the proper budget amendments unless the CHD directoffadministrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for Health has approved the transfer. The Deputy Secretary for Health shall fo~vard written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in Iris contract. Any such subcontract shall include all aforementioned audit and recordkeeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB manual A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any inforotation conccmir~g a recipient of services except as allowed by Federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise excepted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 455.667, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. !. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD 1§ lO will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account ofa client's choice of service, and ofhis/her right to a fair hearing to the final governing authority of the agency. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment 111. o. The CHD shall submit quarterly reports to the county that shall include at least tl'.c following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county and department of service variances reflected in the DE385LI report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed one percent of the cumulative expenditures for the level of service in which the type of sea'ice is included, a variance explanation is not required; p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2000 for the report period October 1,1999 through December 31,2000; ii. June 1, 2000 for the report period October 1,1999 through March 31, .2000; iii. September 1, 2000 for the report period October 1, 1999 through June 30, 2000; and iv. December 1, 2000 for the report period October 1,1999 through September 30, 2000. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment VI to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment VL b. The county shall assure adequate fire and casualty insurance coverage for County-owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The County shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the CHD trust fund shall be sold at fair market 6 lO value when they are no longer needed by the CHD and the proceeds returned to the CHD trust fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, the State may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement my be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions 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. MISCELLANEOUS. The parties further agree: a. A. yailability of Funds. If this Agreement, any renewal hereoff or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 1999, it is · agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Flor/da Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. 7 16C lO c. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Lyle Jerrett, Ph.D. Nsme Acting Director, Collier County Health Dept. Title 3301 E. Tamlami Trail, Bldg. H l~aples? Florida 34112 Address (941) 774-$206 For the County: Thomas W. Olliff Name Administralor Public Services Title 3301 E. Tamiaml Trail, B!dg.H Naples, Florida 34112 Address (941) 774-8468 Telephone Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. d. ._Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. 8 10 ENTERED INTO AND AGREED between the parties hereto by the undersigned authorities, effective the 1" day of October, 1999. BOARD OF COUNTY COMMISSIONERS Pa~n Mac Kie, Chairwoman cc: David Weigel, County Attorney STATE OF FLORIDA SIGNED BY: (Department Authorit)') NAME: Robert G. Brooks, M.D., TITLE: Secretary' DATE: SIGNED BY: CtlD Dlrecto/t~Admin r NAME: Lyle Jerrett? Ph.D. ,, , TITLE: Acting Dlrector~ CItD , ATTACHMENT I PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the CIS/H~4C minimum data set and the SAMAS 2.2 requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Sexually Transmitted Disease Program Dental Health Requirements as specified in HRSM 150-22.. Requirements as specified in Policy 87-7-5 regarding State Health Office STD Program review and approval of personnel/budget actions. Monthly reporting on HRSH Form 1008.. Special Supplemental Food Program for Women, Infants and Children. Improved Pregnancy Outcome Family Planning Service documentation and monthly financial reports 0 as specified in HRSM 150-24- :x~ and all federal, state and county requirements detailed in the ~'~ program manuals and published ~-~ procedures. Requirements as specified in ~RSM 150-13A*. Quarterly reports~-~ of services and outcome on HRSH ~ Form 3096*. Program Quarterly ~z~ Progress Report, Quarterly Summary Report, Presumptive Eligibility/ Medicaid Determination Log by all providers authorized to determine presumptive eligibility. Periodic financial and programmatic reports as specified in HRSM 150.27. lO ATTACHMENT I (Continued) Immunization 7. CHD Program Chronic Disease Program Environmental Health 10. AIDS Program 11. School Health Services Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization. Requirements as specified in HRSM 150-3. and HRSM 50-9*. Requirements as specified in the Reference Guide to CHIP and HRS* forms identified in HRSM 150-8' and 150-12. Requirements as specified in HRSM 50-10.. Requirements in HRSM 150-30. and case reporting on CDC Form 50.42. Socio-demographic data on persons tested for HIV in CHD clinics should be reported on CDC HIV Counseling & Testing Report Form. These reports are to be sent to the Headquarters AIDS office within 30 days of the initial post-test appointment regardless of clients' return. HRSM 150-25-, including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. 11 ATTACHMENT II PLANNED FUNDING AND EXPENDITURES PART I PART II PART II COUNTY TRUST FUND USE (pg. 13) STATE & COUNTY REVENUE (pg. 14-19) STATE & COUNTY (pg. 20, 21) Funding portions follow o attch2900.doc (rev. 9/14/99) 12 OR' Z Z o o c) ~' o o -~ o o o 0a' ATTACHMENT II COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department 2612 PG: 2743 lo STATE 015050 015050 015011 015065 015050 015050 015050 01505O 015050 015050 015050 015050 015050 015050 015050 015048 015050 015037 015050 0151~ 015123 015123 015065 01SIIS 015140 015124 015124 015124 015137 015137 015137 015124 015124 015124 015123 015029 015115 015012 015011 GENERAL REVENUE ALO/Contributions To CHD (050329) ALG/Contr. To CtlDs-.5% Holdback (050329) ALG/Cont to CHD Primatg' Ca~e (050329) ALG/Cont to CHD AIDS Prey & Surv(050329) ALCdCont to CHD Mig Lbr Camp San(050329) ALG/Cont to CHD Home HIth Pilol Proj (050329) Sovereign Immunity (050329) ALG/Cont to C11D$ Pinelias Indigent D~ntl Clinic-UF (050329) ALCdCont to CHD$-Dental Praogram (Cat. 050329) ALG/Cont to CHD Immun Outreach (050329) ALCdCont to CHD Corem 'I'B Program (050329) ALG/Cont to CHID Indoor Air A~sist(050329) ALG/Cont to CHD Faro Trans PRG (050329) ALC_dPnlm Beach CHD-Health Program Of Sce Staff(050329) ALC_dCesspool Identification and Elimination (Cat. 050329) ALG/Cont to CHD STD Program (050329) Improve Overall Health of Fla. Comm. St. Lu¢ie (050329) ALC. dCont to CllDs Mtml & Chid Illth Field Staff Cost(05 Epidemiology Traning & Clinical Support (CAT. 050329) ALG/Family Planning (05000 I) ALCdFamily Planning Planned Parenthood NE FL (CAT. 050001) ALG/Family Planning (CAT. 050001) - Alachua Colposeopy ALG/Cont to CHD AIDS Pat Can: (050026) ALC-dSchool Health Services (051106) ALC_dSchool He:dth Suppl. (051106) ALG/IPO-Healthy Start/IPO (050707) ALG/lPO-lnfant Mort~ity Project (CAT. 050707) ALG/IPO - Outreach Social Workers (CAT. 050707) ALG/IPO Healthy Start Resource Morns & D~ds (050?07) ALC. dIPO Healthy St.~ lncr Maternal Health Care (050707) ALG/IPO-Healthy Start-Dam Collect. Prj Staff(CAT. 050707) ALG/MCH-Healthy Start/IPO (050870) A.LG/IPO Outreach Social Workers (CAT 050870) ALCdMCH-Infant Mortality Project (CAT. 050870) Planned Parent Hood. Collier and Sarasota (CAT. 050329) AIDS/Drugs Reimb. One Time Tra~fcr (CAT 180000/EG TF) CdA Eye Exams NASA -School Health Occulsr Scm. (050063) CdA Epilepsy Services (050082) ALG/Primary Car~ (050331) GENERAL REVENUE TOTAL NON GENERAL REVENUE 015010 015072 015026 015170 015172 015174 015016 015010 015010 015014 015010 015020 015010 ALG/ConCr. to CHDs-Rebasing (CAT. 050329) Tobacco 'IT ALCdCont to CHD Safe Drinking Water-DEP ALCdCont to CHD Bio-Mcdical Waste (DEP) Tobacco Coordination (CAT. 105014) Tobacco TF Full Sentice Schools - Tobacco (CAT 102258) Tobacco TF Bnsi¢ School Health - Tobacco (CAT 05110~) Tobacco TF CdA Epilepsy Prey and Educ (CAT. 0500lr3)/Epilepsy TF Food Hygiene Program Health Services in Model City-Dade County ¥aficelln Immunization Requirtment (CAT 050329) Tobacco TF SUPER A~I Program (CAT. 050329) Adm TF Food end Wa~rbome Disease Program (CAT. 050329) Adm TF Illth Svcs for Elderty-Medivan Proj-Broward (050329) Tob. TF 14 1,278,168 0 27.361 100,075 40,338 0 0 0 0 14,594 67,929 0 0 0 0 0 0 0 0 45.250 0 0 93,263 49,907 0 0 0 0 0 0 0 0 0 0 61~83 0 0 0 354,068 2,132~36 33.298 0 0 64,854 147,133 86,773 0 0 0 7,476 0 0 1,278.161 0 27,361 100,075 40,331 0 0 0 0 14,594 67,929 0 0 0 0 0 0 0 0 45-250 0 0 93.263 49.907 0 0 0 0 0 0 0 0 0 0 61.283 0 0 0 354,061 2,132.236 33~91 0 0 64,154 147,133 86,773 0 0 0 7,476 0 0 0 OR: 2612 PG: 2744 COLLIER COUNTY HEALTH DEPARTM'ENT Par! II. Sources of Contributions lo Coun~ Health Depamme~t 10 STATE :2. NON GENERAL REVENUE 015010 Pssco CHD Den~l Prog. ram (CAT 0.50329) Tobacco TF 015010 Br~,,q & Cerv. Canc~r-Pnshp Prj. Hillshot.(052250)Tob.TF 015010 Dunba~ Center - Lee Count)' - Lec CHD (CAT 052250) Tob. 'IF 015010 Prim Care Outrch-Pnlla.s/Suncst. Cm Hsp R:s.Pro(052250)Tob TF 015010 Prj SOAR-HILhy Mthrs/Hlthy Babics-PIm Bch CHD(052250)Tob TF 015010 Leon County Mobile H=alth Unit (CAT 052250) Tobacco TF 015010 Telcreed Pilot-Plm Bch Cry - Palm Bch CHD (052250) Tob TF 015029 Radiation ProtcclionTF/X-Ray Insp=ction (CAT. 180000) 015029 Radiation Prot. TF/Rad Lic Fcc Transfer (CAT. 180000) 011055 O0~cr Grits DOE 015113 SPL Program HRS Rcimb 010304 Stationary Pollutant Storage-DE? 015020 Transfers Interagency 015121 Super Act Transfers NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS 007051 015075 007135 007065 007064 007066 OO7O66 007062 007049 007049 007067 007084 OO7084 OO7085 007084 O07O00 007133 007133 007133 015075 007127 007127 007134 007134 007134 007132 007134 007134 007134 007134 007058 007071 007063 007133 007030 007000 007056 FG TF W1C Admin Transfer (050329) FG TF Family Trans Program (050329) Abstinence Grant Education Program FG TF AIDS Prevention (050329) FG TF AIDS SurvlSerop (050329) FG TF Ryan White (050329) FG TF Ryan White- AIDS Drug, A~$i$1 Program Admin. (0:50329) FG TF/AIDS £pld r~sem'ch Study (050329) Cone to CHI)s - STD Chlamydia Study (CAT 050329) FG TF/ALG Conu to CHDs-STD Prognun (050329) FG TFIALGIConu to CHDs-Community TB (050329) Immunization Special Project FG TF/ALG/Contr to Cl-{Ds-lmmunizatlon Action Plan (050329) FG TF/Bte. asl and Cervical Can,t Grant FG TF/ALG/Conu' to CHDs-Proj¢ct Field SUuT (050329) ALG/Conu'. to CHDs-lnunun. Action Plan - WiC-Irrun Linkages Brain Injury Prevention Program (CAT. 000700) Family Planning Tide X (050001) Faro Harming Title X Spec Pmj (050001) Family Plam'~ing Tide X St~rilzations (50001) ALG/Family Pla,rming - Pregnancy Pr~v - TANF (CAT 050001 ) MCH BLK Grt. Child Hcakh (050870) MCH BLK Cn'L Child Hlth (Ages 0-1 YR),(050870) ALC_ffMCH-MCIO3G Hlthy Start/IPO (050870) ALG/MCH-MCHBG Outr. Soc Workers (050870) MCH BLK C_nt-IPO Infant Mort. Proj. (050870) MCH BLK GrL Dental Proj¢cu; (050870) ALCfflF'O/MCH-IntanI Mortality Project (CAT. 050707) ALG/IPO/MCH O~U Soci-I Workers (050707) ALG/IPO-MCH Blk. C, rt.-IPO (CAT. 050707)-.C_mdsdcn Sch Clinic ALG/IPO-MCHBG Hlthy Stan/lPO (050707) FG TF/Diabetes Convol FG TF EPI Res Stud. of AIDS/HIV (180000) PFI]3G }-[ERR Chronic Dis Init (101505) Planned Parenthood PREV I-H. TH BLK GRT-Migr~t Labor (I 80000) Phi~stcda Rclst~d Illness Surv & Pr~v (1800~) FG TF HeaJth program for Rcfug. (180000) 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 52,000 0 52,oo0 20,000 0 20,000 411,534 0 411,534 725,633 0 725,633 0 0 0 0 0 0 101,571 0 101,571 0 0 0 0 0 0 15,822 0 15,822 0 0 0 5,625 o 5,625 0 0 110,349 0 110349 0 0 0 23,796 0 23,796 0 0 0 0 0 0 0 0 0 0 0 0 38,157 0 38,157 0 0 0 0 0 0 7,054 0 7,054 11,251 0 i1~$1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 150,000 0 150,000 0 0 0 25,1: I o 25.111 0 0 0 0 0 0 ATTACHMENT H OR: COLLIER COUNTY HEALTH DEPARTMENT Part II. Source~ of Contributions to County Health Department 2612 PG: 2745 STATE FEDERAL FUNDS 007044 PREV HLTH BLK GRT-Rapc Awa~nes.s(l $00OO) 015075 Transfer-FED Gr~nts other Al~cncics 015060 Entrant Rcimb. Transfer FEDERAL FUNDS TOTAL o o o 1.214,369 4. FEES ASSESSED BY STATE OR FEDERAL RULES OOI091 Communicable Disease Fees 6,OO0 001092 Environmental Health Fccs 249.732 001113 Mobile Home and Parks 1 g.411 001132 Food Hygiene Permit IS,773 001133 OSDS Repair Permit 0 OO1134 OSDS Permit Fee 0 001211 Safe Drinking Water 0 001136 I & M Zoned Operating Permit 0 OOi 13'7 Aerobic Operating Permit 0 OO1138 Septic Tank Site Evaluation 0 OO1139 Migrant Housing Permit 8,250 001140 Biohazard Waste Permit 0 001141 Non-SDWA System Permit 0 OO1142 Non $DWA Lab Sample 26,100 OO 1144 Tanning Facilities 3,015 001145 Swimming Pools 122,512 001164 Public Water Conset Perrot! 0 OO1165 Private Water Consir Permit 0 001166 Public Water Annual Oper Permit 6,894 001170 Lab Fee Chemical Analysis 0 ·. 001026 Rctumcd Check Set Fees 0 010403 F~s-Copy of Public Do<: 2,000 015055 Regist~' Fees (Ch. 382.34) 0 001135 OSDS Varianc.~ Fec 300 015052 Transfers-Mobile HomeffRV Park 0 FEES'ASSESSED BY STATE OR FEDERAL RULES TOTAL 458,987 OTHER CASH CONTRIBUTIONS 090001 Draw down from Public Health Unit OTHF. R CASH CONTRIBUTIONS TOTAL 6, MEDICAID CHD Incre:Medicaid-Pharmacy CHD Incm:Medic~id-O~er el-H) Incm:Medieaid-EPSDT CHD lncm:Medicaid-l~nud CH~ Incm:Mcdicaid-FP CHD Incm:Medlcaid-Physici~n CHD Incm:Mcdic~id-Nursing ~ Incm:Co-lnsuranee CFI~ !ncm:Medicaid-STD CHD lncm:Med R¢imb AZT Disp F~ Medlcaid AIDS Medlcaid HMO Rate Medicaid-liMO Admin CH~ Incre:Medicaid Tnmsponatlon I-k~th Maint~mmc~ C)r$~n. CH~O) CHD Incre:Medicaid 16 001056 001080 001081 001082 001083 OO1O84 001085 001086 001087 OOI088 001089 001147 OOI14g OOlIII 001190 001191 85,733 85,733 457,000 o o o o 81,619 o o o o 52,000 0 o o o o o o 1.214,369 6,000 249,732 18,411 15,773 o o o o o o o o 26,1oo 3,o15 122,512 o o 6.894 o o 2,ooo o 3oo o 458.987 85,733 85,733 457,OO0 0 o o o 81,619 o o o o s2,ooo o o o o o ATTACHMENT H OR: 2612 PG: 2746 ~TATE COLLIER COUNTY HEALTH DEPARTMENT Part 11. Sources of Contributions to County Health Department 6. MEDICAID 001192 CHD lncm:Mcdicald Comp. Child 001193 CHD Incre:Medicaid Comp. Adult 001194 CHD Incre:Medicaid Sonagrem 001208 Mcdipass $3.00 Adm. Fee MEDICAID TOTAL 7. ALLOCABLE REVENUE Cash Donations Private Third Party Reimbursement Exp Wireess Fee Consulre! Charges Interest Emcd State Investment Interest Emcd Local Investment U.S. Orems Direct to CHD Omu/Contracts other Agencies Direct Donation School Based Clinic Ckher Grants/Donations Direct Fines and Forfeitures Refunds, Sala~, Refunds, other Personal Scrviccs 011007 001029 010301 005040 00504 I 007010 008O94 011098 011099 012020 018001 018003 018004 Refunds, Expenses 018006 Refunds, Operating CapiN Outlay 018010 Refunds, Speci~d C&tcgory 018011 Rcfunds, Othcr 018099 Refunds, Cc~ficd Forward 037000 Prior Year Warrant 038000 12 Month Old Wan'a~t 010300 Sdc of Goods and Services 010402 Recyc!c Paper SaJes 010403 Fees-Copies of Documents 010405 Sale of pharmaceuticals 011055 Other Grant DOE 012021 Return CI~ Charge 018005 R~fimds Grants to Local Oov't 029010 Sale of Fixed Assets o o o 1,00o 591,619 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 4,894,479 ~tL~OCABLE REVENUE TOTAL & OTHER STATE CONTRIBUTIONS NOT IN CItD TRUST FUND S~tc Pharmacy Scrviccs St.a~ Laboratory Services SLOe TB Services Suite Immunization Sen, ices State Cor,.sm~ ction/Rcnov~ on WIC Food Other (specie,) Ot~cr (speciFT) Ot~ct (specie) Other (specie) OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST ]q. rND TOTAL TOTAl., STATE CONTRIBUTIONS 151,758 217,862 0 154,250 0 0 3,715.932 o o o o 4.239,802 4,239,802 lO o o o 1,000 591,619 o o o o o o o o o o o o o o o o o o o o o o o o o o o o i 51,7~8 217,862 0 IM,250 0 0 3,715,932 0 0 0 0 4.239,802 9.134,280 17 OR: 2612 ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Par1 II. Sources of Contributions to County Health Department PG: 2747 lO COUNTY I. BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS: 008030 Grits-County Tax Direct 0 008034 Gran~ Cnt¥ Commsn Other 603,391 BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS TOTAL: 603391 2. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION: 001077 P6ma.,T Ca~ Fees 32,200 001093 Communicable Disease Fees 59,855 001094 Environmental Health Fees 215,8O0 001114 New Birth Certificates 25.000 O0 1115 Dea~ Certificates 155,0O0 00l 116 Computer Access Fee 2.000 001060 ¥iud Statistics Fees Other ?,0O0 001004 Child C~ Seat Prog 600 001074 Adult Enter. Permit Fees 0 001195 Primao' C~'c Transfer Fees 0 001117 Vital Stats. Adm Fee 50 cent~ 3,000 001196 Water AnaJysis-Potable 0 FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION TOTAL 500,455 3. OTHER CASH AND LOCAL CONTRIBUTIONS 090002 Draw down from Public Hcallh Unit 104,678 001090 Medicare 56,089 008050 Orants-Cnty Sch Bo~d Direct 0 008010 Grants Contracts Frm Cities Direct 0 008033 County Contributions For Facilities 0 008090 Grants other Loc~ Govn't Direct 0 008095 Grants Cnty Sect 403.102 Air Pol 0 008099 Rclmb/Rcbatc Local G0vn't 0 008031 County AIDS Education 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 160,767 4. ALLOCABLE REVENUE 01 ! 007 Cash Dons~ons Privet,. 0 001029 ThLed Patty Reimbur~ment 39,554 010301 Exp Witness Fee Consulrot Ctmg~ 0 005040 Intarest Erntd Stau: Investment 60,000 005041 Interest Emed Local Investment 0 007010 U.S. Grsats Direct to CHD 0 008094 Cn~ts/Contrncts other Agcnci~ Direct 105.399 01 I099 Healthy Kids 200,322 011099 Hca~¥ start Coalition I 13,96~ 012020 F'me~ and Forfeitures 2,O00 0lB001 Refunds, Sa,1 sO' 0 01S003 Refunds, other Persona~ Services 0 018004 Refunds. Expenses 1,0O0 018006 Refunds, Operating Capi~ Outlay 0 0lB010 Refund~ Special Category 0 011011 Refunds, Other ¢ 011099 0370O0 Prior Year Wanant 0 038000 12 Mon~ Old Win-ant 0 010300 Sale of Goods and Servicez 136,000 010402 Re.de Psp~ Sale~ 0 010403, F~:s-Copies of Documents o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 603.39 I 603,391 32,200 59,855 215.800 25,000 155,000 2.O00 7,0O0 600 0 0 3.000 0 $00,455 104,678 56,089 0 0 0 0 0 0 0 160,767 o 39,554 o 60.000 o o 105,~99 2O0,322 i 13,966 2,000 0 0 1,000 0 0 0 0 0 0 136,000 0 0 OR: ATTACHMENT H COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department COUNTY 4. ALLOCABLE REVENUE 010405 Sale of pharmaceuticals 36,575 011055 Other Gram DOE 0 012021 Return Check Charge .. 60 011005 Refunds Grits to Loc-~ Oov't 0 029010 Sale o£Fixcd As.~ts 0 CO1~'TY ALLOCABLE REVENUE TOTAL 694,876 S. BUILDINGS: Annual Rental Equivalent Value 0 Maintemmce 0 Other (specify) 0 Other (specify) 0 Other (specify) 0 Other (specify) C~r {specify) 0 BUILDINGS TOTAL 0 6. OTHER COUNTY CONTRIBUTIONS NOT IN CIH} TRUST FUND Oth~ County Co~trlbution (specify) 0 Other County Contribution (specify) 0 Oth~ County Contribution (specify) 0 O~ Come/~ ¢~,~) 0 Other County Con~bution (spe¢lfy) 0 OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND TOTAL 0 · TOTAL COUNTY CONTRIBUTIONS 1,959,489 GRAND TOTAL CHD PROGRAM 6,853,967 2612 2748 0 36,$75 0 0 0 6o 0 0 0 0 0 694,876 406,400 66,414 218.000 9.106 0 0 0 699,920 406,400 66,414 218,000 9,10~ 0 0 0 699,920 0 699,920 4,939,722 0 0 0 0 0 0 0 0 0 0 0 2,659,409 il,793,689 19 COLLIER COUNTY HEALTH DEPARTMENT Part IlL Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October I, 1999 to September 30, 2000 A. COMMUNICABLE DISEASE CONTROL: Immunization (101) 8.25 0 30,000 22.3,000 58,000 64,687 STD (102) 5.79 1,200 6,000 78,578 70,577 70,577 A.I.D.S. (103) 15.16 800 5,200 299.250 299,250 299,250 'I'B Control Services ( 1 04) 12.47 3,200 13,000 175,713 175,713 175,712 Comm. Disease Surv. (106) 5.07 0 0 68,165 68,166 68,165 Vital Smistics (I 80) 2.88 0 0 20,774 20,?74 20,773 CO~V[UNICABLE DISEASE SUBTOTAL 49.62 5,200 54,200 865,480 692,480 699,164 IL PRIMARY CARE: Chronic Disease Services (2 ] 0) 3.96 180 1,200 66,110 66,109 66,110 Home Health (215) 0.00 0 0 0 0 0 W.LC. (221) 20.73 28,000 126,000 178,281 178,281 178,280 Family Planning (223) 2.31 1,015 3,045 59,169 59,168 59,168 Improved Pr¢gna~c>' Outcome (225) 0.67 0 0 821 820 820 Healthy Staxt Prenatal (227) ll.48 1,015 38,036 133,235 133,235 133,235 Comprehensive Child Health (229) 2.22 100 300 41,489 41,489 41,489 Healthy Sta.~ Infant {231) 4.17 280 17,328 56,914 56,914 56,913 School Health (234) 7.34 0 79,975 230,000 26,362 6,500 Comp~hcnsive Adult Health (237} 3.47 240 2,000 49,638 49,637 49,637 Dental Health (240) 0.00 0 0 0 0 0 PRIMARY CARE SUBTOTAL 56.35 30,830 267,884 815,657 612,015 592,152 C. ENVIRONMENTAL HEALTH: Prlvate Water System (357) 1.45 172 258 15,009 15,009 15,009 Public Water System (358) 0.68 24 4 2,336 2.336 2,336 Individ~l Scwag,' Dhp. (361) 7.00 5,004 7,068 90,235 90,235 90,235 Food Hygiene (348) 2,79 1,588 1,648 24.324 24.323 24,323 Group Ca~ Facility (351 ) 1.91 497 519 14,580 14,581 14,$80 Migrant Labor Camp (352) 2.33 688 808 21,907 21,907 21,907 Housing, Public Bldg Safety,Sanitation (353} 0.63 2 2 394 394 393 Mobile Home and Pazks Services (354) 1.65 166 180 12,385 12.384 12,385 Swimming Pools/Bathing (360) 5.07 1,306 3,670 57,014 57,013 57,013 Biomedical Waste Services (364) 0.62 2 2 720 720 720 Tannin& Facility Services (369) 0.82 38 40 2,678 2,678 2,678 Rabies Surveillance/Control Services (366) 0.00 0 0 0 0 0 /d'oevbus Surveillance 067) 0.00 0 0 0 0 0 Rodeab'Arduopod Consol (368) 0.00 0 0 0 0 0 Storage Tank Compliance (355) 0.00 0 0 0 0 0 Super Act Service (356) 0.83 85 386 3,787 3,787 3,786 O~al Health (344) 0.61 0 0 444 443 /43 ~ l~dua Safety 045) 0.oo o o o 0 o ~ Medical (346) 0.00 0 0 0 0 :J Lead Moaitorlns Services (350) 0.62 155 155 533 533 532 20 121,800 407,487 60,000 467,487 70,578 211,732 78,578 290,310 299,249 561,677 635,322 1,196,999 ]75,713 175,713 527,138 702,851 68,166 144,095 128,567 272,662 20,772 83,093 0 83,093 ?56,278 I,$83,797 1,429,605 3,013,402 66,110 0 264,439 264,439 0 0 0 0 178.280 0 713,122 713,122 59,169 0 236,674 236,674 821 0 3.282 3,282 133,235 0 532.940 532,940 41,490 5,957 160.000 165,957 56,913 0 227,654 227,654 225,000 121,966 365,896 487,862 49,637 18,549 180,000 198,549 0 0 0 0 810,655 146,472 2,684,007 2,830,479 15,009 0 60,036 60,036 2,336 0 9,344 9,344 90,235 0 360,940 360,940 24,323 0 97,293 97.293 14,580 0 58,321 58,321 21,907 628 87,000 87,628 393 0 1,574 1,574 12,385 539 49,000 49,539 57,013 228,053 0 228,053 720 0 2,880 2,880 2,678 0 10,712 10,712 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,786 0 15,146 15,146 443 0 1,773 1,773 0 0 0 0 0 0 0 0 532 0 2,130 2,130 OR: 2612 PG: 2750 A~TA~NT II ~ COLLIER COUNTY H~ALTH DEPARTMENT 16C Part IlL Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October I, 1999 to September 30, 2000 C. g~N'VIRONMENTAL HEALTH: Publk Sew~e (362) 0.66 i I 4,027 1,027 1,026 1,026 0 4.106 4,106 Solid Waste Disposal (363) 0.00 0 0 0 0 0 0 0 0 0 Sanliar/Nuisance (365) 0.85 0 0 2,647 2,647 2,646 2,646 0 10,586 10,586 Wat~t Pollution (370) 0.61 0 0 207 206 20? 207 0 827 827 Air Pollution (371) 0.61 0 0 257 256 257 257 0 1,027 1,027 Rndiolo~',c~ Health (372) 0.68 0 0 1,416 1,416 1,416 1,415 0 5,663 5,663 Toxic Substances ('373) 0.61 0 0 627 627 627 627 0 2,508 2,508 KNVi~O~NTAL HKALTH SUBTOTAL 31.03 9,728 14,748 252,527 252,522 252,519 252,5 ! $ 229,220 780,866 1,010,086 TOTAL CONTRACT 137.00 45,758 336,832 1,933,664 1,557,0171,543,835 1,819,451 1,959,489 4,894,478 6,853,967 21 ATTACHMENT Ill CIVIL RIGHTS CERTIFICATE OR: 2612 PG: 2751 160 lO The applicant providcs this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or olher federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights compliance Questionnaire, HRS Forms 936 A and B, if so requested by the department. The applicant assures that it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 ofthe Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 ct seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal assistance. The Omnibus Budget Reconciliation Act of 1981, P.L. 97.35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. at3cor89.doc All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requifin,~ compliance with the terms of this assurance or seek other appropriate judici:d or administrative relief, to include assistance being terminated and further assista~ :e being denied. 22 OR: 2612 PG: 2752 10 ATTACHMENT IV STATE FEE SCHEDULES, BY SERVICE I. ~: AIDS, HIV, Alternate Site Testing $20 (optional) Estimated Annual Revenue Accruing To The Attachment includes Pgs. 24-36 attchiv900. doc (rev. 9/14/99) 23 ...................... Att'ach~n~t'-~ S;~A'~E BUDGET PP,.EPARATION FISCAL YEAR 1999-2000 Level PROGRAM OBJECT CODE SERVICE RX PT PAY OBJECT CODE SERVICE RX MEDICAID OBJECT CODE SERVICE MEDICAID PROGRAM 1oo 10405 1056 1084 Communicable Disease 101 Immunizations OBJECT CODE TITLF. NON-MEDICAID PHARMACEUTICAI.S Summar)' for Objeel Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PIIARMACY SummaD' for Object Code: 1056 OR: 2612 PG: 2753 AMOUNT OBJECT CODE SERVICE RX PT PAY OBJECT CODE SERVICE RX MEDICAID OBJECT CODE SERVICE MDCAID 10405 1056 1087 AMOUNT OBJECT CODE TITI. E AMOUNT ClID INCOME FROM MEDICAID-PIIYSICIAN $5,11g.00 Summar)' for Object Code: 1084 S5,110.00 Summar)' for Program:-[0! ............ -~5~'I~.~)O- OBJECT CODE TITLE NON-MEDICAID PIIARMACEUTICALS Summary. for Objt~t Code: 10405 AMOUNT $75.OO $75.OO AMOUNT $ 1.000,00 $ 1.000,00 AMOUNT OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 102 STD OBJECT CODE TITI.E CHD INCOME FROM MEDICAID - STD Summary for ObJect Code: 1087 ................... .................................. AMOUNT OBJECT CODE SERVICE COPIES COPIES COPIES I O4O3 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMEN~'.~ Summary for Object Code: 10403 Tugslay. Septcmlx'r 14, 1999 24 Page I of 13 lO OBJECT CODE SERVICE HIV RX HIV RX IIIV R.X itlV IL~ HIV RX HIV IIIV R.X 10405 OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID R.X MEDICAID 1056 OBJECT CODE SERVICE MEDICAID 1080 OBJECT CODE 1084 · SERVICE MEDICAID PHYSICIAN OBJECT CODE 1089 SERVICE CASE MGT MED-PAC OBJECT CODE 109 I SERVICE ANONYMOUS(EPI) OBJECT CODE 1208 SERVICE MEDIPASS Tuesdny. September 14, 1999 OBJECT CODE TITLE NON-MEDICAID PHA RMACEUTICA I,S NON-MEDICAID PHARMACEUTICAloS NON-MEDICAID PIIARMACEUTICALS NON.MEDICAID PIIA RMACEUTICAI,S NON-MEDICAID PItARMACEUTICALS NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PIIARblACEUTICALS Summar)' for ObJecl Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS · PIIAI~MACY MEDICAID RECEIPTS MEDICAID RECEIPTS MEDICAID RECEIPTS MEDICAID RECEIPTS MEDICAID RECEIPTS MEDICAID RECEIPTS · PIIARMACY - PIIARMACY - PtlARMACY · PIIARMACY - PIIARMACY · PIIARMACY MEDICAID RECEIPTS · PIIARMACY Summ.ry for Obje¢l Code: 1056 OBJECT CODE TITLE INCOME FROM MEDICAID Summar). for ObJect Code: 1080 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PIIYSICIAN Summary for Object Code: 1084 OBJECT CODE TITLE CHD INCOME FROM MEDICAID- AIDS Summary for Object Code: 1089 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE COMM. DISEASE Summar)' for Object Code: 1091 OBJECT CODE TITI.E MEDIPASS 25 OR: 2612 PG: 2754 AMOUNT AMOUNT ~456,000.0O AMOUNT AMOUNT $75,000.0O $75,00O.00 AMOUNT $52.00O.00 S52.00O.0O AMOUNT $6,000.00 $6,000.00 AMOLINT Page 2 of 13 10 MEDIPASS MEDIPASS Summar)' for Object Code: 1208 .......................... ~-mmaD' for Pro, ram: 103 PROGRAM 104 TB OBJECT CODE SERVICE COPIES COPIES COPIES OBJECT CODE SERVICE RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID R~X MEDICAID · P~X MEDICAID ~ MEDICAID RX MEDICAID 10403 10405 1055 1084 OBJECT CODE SERVICE MEDICAID PtIYS OBJECT CODE TITLE FEES FOR COPIES OF'PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS SummaD' for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PtlARMACEUTICAI.S NON-MEDICAID PIIARMACEUTICAI.S NON-MEDICAID PItARMACEU-rlCALS Summa~ for Objecl Code: 10405 OBJECT CODE TITLE MEDICA1D RECEIPTS - PIIARMACY MEDICAID RECEIPTS. PtIARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PtlARMACY MEDICAI D RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY SummaD' for Object Code: 1056 OR: 2612 PG: 2755 SI.000.00 Sl,OOO.oo S590.000,00 AMOtTNT $25.00 $2~00 AMOUNT AMOUNT OBJECT CODE TITLE AMOUNT CtlD INCOME FROM MEDICAID-PHYSICIAN S1,500.00 Summar)' for Object Code: 1084 $1,500.00 ...................... '~-u ~-m ~-D'-~ r-~r~g r~-n~: - 1'074 ................ ~ I ,-~-2 ~.~0- Level 200 Primary Care PROGRAM 210 Chronic Disease OBJECT CODE 10405 SERVICE OBJECT CODE TITLE Tuesday, Scptcmbcr 14, 1999 AMOUNT Page 3 of 13 26 lO 0m: RX PT PAY RX PT PAY RX PT PAY RX PT PAY FLX PT PAY R.X PT PAY ILX PT PAY PROGRAM OBJECT CODE 10405 SERVICE KIDSMOKINGCL KIDSMOKINGCL RX PT PAY P,X PT PAY P,X PT PAY RX PT PAY R.X PT PAY RX PT PAY RX PT PAY OBJECT CODE SERVICE RX MEDICAID KX MEDICAID · RX MEDICAID RX MEDICAID R.X MEDICAID RX MEDICAID RX MEDICAID 1056 NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PItARMACEUTICALS NON-MEDICAID PHAR3tACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PItA RA4ACEUTICA LS NON-MEDICAID PllARMACEUTICALS NON-MEDICAID I'11;~RMAC EUTICALS Summar)' for ObJeet Code: 10405 .... ~ut~ar)' for Pr6gram: 210 223 ?atoll), Planning OBJECT CODE TITLE NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-M EDICAID PItA RMACEUTICALS NON-MEDICAID PIIA RMACEUTICA LS NON-MEDICAID PHARMACELJTICALS NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PIIARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summary for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 2612 ?G: 2756 16C 10 5500.00 S500.00 S500.00 AMOUNT S6.000.00 AMOUNT OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PItARJ%IACEUTICALS NON-MEDICAID PHARMACEUTICALS AMOUNT 10405 OBJECT CODE SERVICE RX PT PAY RX PT PAY EX PT PAY Tuesthy, September 14, 1999 27 Page 4 of 13 OR: RX PT PAY RX PT PAY R.X PT PAY RX PTPAY OBJECT CODE SERVICE RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 1056 NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PIIARMACE UTICA LS NON-MEDICAID PIIARMACEUTICALS Summir)' for Object Code: 10405 OBJECT CODE TITLE MEDICAID RECEIPTS · PIIARMAC.'Y MEDICAID RECEIPTS · PItARMACY MEDICAID RECEIPTS - PIIARMACY MEDICAID RECEIPTS - PIIARMACY MEDICAID RECEIPTS - }'liARMACY MEDICAID RECEIPTS - PIIARMACY Summar)' for Object Code: 1056 ...... ~umm~r)' for Pr~Rram: 225 2612 PG: 2757 AMOUNT PROGRAM OBJECT CODE 10105 SERVICE OBJECT CODE TITLE AMOUNT RX PT PAY NON-MEDICAID PHARMACEUTICALS RX PT PAY NON-MEDICAID PIIARMACEUTICALS RX PT PAY NON-MEDICAID PIIARMACEUTICALS KX PT PAY NON-MEDICAID PHARMACEUTICALS RX PT PAY NON-MEDICAID PHARMACEUTICALS RX PT PAY NON-MEDICAID PHARMACEUTICALS RX PT PAY NON-MEDICAID PHARMACEUTICALS Summar)' for Object Code: 10405 I O403 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summar)' for Object Code: 1040.1 AMOUNT OBJECT CODE TFFLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID P}LARMACEUTICALS OBJECT CODE SERVICE COPIES COPIES COPIES OBJECT CODE 10405 SERVICE RX PT PAY KX PT PAY RX PT PAY R.X PT PAY Tuesday, September 14, 1999 AMOUNT Page 5 of 13 28 lo RX PT PAY RX PT PAY RX PT PAY OBJECT CODE 1056 SERVICE KX MEDICAID RX MEDICAID R.X MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID R.X MEDICAID OBJECT CODE SERVICE CLD SC EPSDT OBJECT CODE SERVICE CHILD HEALTH MED OBJECT CODE SERVICE MEDIPASS NON.MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PIIARMACEUTICALS Summa~' [or Objeci Code: 10405 OR: 2612 PG: 2758 160 $30,000.00 $30,000.00 1081 1084 1208 OBJECT CODE TITLE MEDICAID RECEIPTS - PtlARMACY MEDICAID RECEIPTS - PIIARMACY MED1CAID RECEIPTS - PtIARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PItARMACY MEDICAID RECEIPTS. PHARMACY Summa~' for Objec! Code: 1056 AMOUNT OBJECT CODE TITLE CHD INCOME FROM MEDICAID-EPSDT Summa~' for Object Code: 1081 AMOUNT OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PHYSICIAN Summary Ior Object Code: 1084 AMOUNT OBJECT CODE TITLE AMOUNT MEDIPASS Summar)' for Object Code: 1208 -PROGR.,IM OBJECT CODE SERVICE FEES FOR COPIES 10403 OBJECT CODE SERVICE RX PT PAT R.X PT PAT 10405 OBJECT CODE 1056 SERVICE RX MEDICAID Tun. lay, September 14, 1999 237 ,ddult Health OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summar).' for Object Code: 10403 OBJECT CODE TITLE NON-MEDICAID PHARMACEUTICALS NON-MEDICAID PHARMACEUTICALS Summar)' for Objec! Code: 1040S OBJECT CODE TITLE MEDICAID RECEIPTS - PHARMACY 29 AMOUNT $1,975.00 $1,975.00 AMOUNT AMOUNT Page 6 of 13 10 R.X MEDICAID RX MEDICAID RX MEDICAID R.X MEDICAID RX MEDICAID RX MEDICAID OBJECT CODE SERVICE PT CARE MEDICAID OBJECT CODE SERVICE RETURN CHECKS PROGRMM OBJECT CODE SERVICE RX MEDICAID R.X MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID RX MEDICAID 1084 12021 MEDICAID RECEIPTS · PHARMACY MEDICAID RECEIPTS - PIIARMACY MEDICAID RECEIPTS - PtlARMACY MEDICAID RECEIPTS · PIIARMACY MEDICAID RECEIPTS - PIIARMACY MEDICAID RECEIPTS · PIIARMACY SummaO' for Object Code: 1056 OBJECT CODE TITLE CHD INCOME FROM MEDICAID-PIIYSICIAN Summao' for Object Code: 1084 OBJECT CODE TITLE RETURNED ClIECK SERVICE CHARGE Summa~' for Object Code: 12021 Summer)' for Progr~m:-~3~- 240 1056 Dental OBJECT CODE TITLE MEDICAID RECEIPTS - PIIARMACY MEDICAID RECEIPTS - PHARMACY MED1CAID RECEIPTS · PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY MEDICAID RECEIPTS - PHARMACY Summary for Object Code: 1056 OR: 2612 PG: 2759 AMOUNT 160 AMOUNT S60.00 S60.00 S2.035.00 AMOUNT lO Level 300 PROGP~M OBJECT CODE 1092 SERVICE 12.(50) Plan Review 13.(04) Food Worker Trainin8 14.($3) Request for Inspection 15.(51) Reinspection (after the first r~:inspection) 16.(52) Lale Renewal i 7.(03) Alcoholic Beverage Inspection Approval Environmental Health 348 Food Hygiene OBJECY CODE TITLE FEES ASS'D STATFJFED RULE-ENVIRON IIEALTH FEES ASS'D STATE/FED RULE-ENVIRON liEALTIt FEES ASS'D STATE/FED RULE-ENVIRON qEALTH FEES ASS'D STATEfFED RULE-ENVIRON IIE,',LTil FEES ASS'D STATFJFED RULE-ENVIRON HEALTtl FEES ASS'D STATE/FED RULE-ENVIRON HEALTIt Tuesday, September14,1999 30 AblOUNT S 1.085.00 $40.00 S90.00 Page 7 of 13 OR: I ?.(0.1) Alcoholic Beverage Inspection Approval OBJECT CODE 1132 SERVICE I.(E) Annual Permit for Fraternal/Civic I.(E) Annual Permit for FratemaVCivic 10.(N) Annual Permit for Limited Food Service I I.(L) Annual Permit OIher Food Scr','icc 2.(H) Annual Permit School Cafeteria Operating ~.(M) Annual Permit School Caf'ctcria Oper~[inB 4. (B) Annual Pcrmi! for IIospitaVNursing Food S !(G) Annual Pcrmi! for Movie Theaters 6.(C) Annual Permit for Jails/Prisons 7.(D) Annual Permit for Bars/Lounges (Drink Scr 8.(J) Annual Permit for Residential Fac(litics 9.(K) Annual Permit for Child Care Centers PROGR,4M OBJECT CODE 1092 SERVICE PLAN REVIEW SANIT INSP FEES ASS'D STATE/FED RULE-ENVIRON !IEALTII Summar).' for Object Code: 1092 OBJECT CODE TITLE FOOD IIYGIENE PERMIT FOOD HYGIENE PERMIT FOOD IIYGIENE PERMIT FOOD ttYGIENE PERMIT FOOD ItYGIENE PER~HT FOOD IIYGIENE PERMIT FOOD HYGIENE PERMIT FOOD ttYGIENE PERMIT FOOD tlYGlENE PERMIT FOOD itYGIENE PERMIT FOOD HYGIENE PERMIT FOOD H'FGIENE PERMIT Summar)' for Object Code: ! 132 ........... summa-ry-~'or P~'0gra'~: .148 ...... 351 Group Care Facilities 2612 PG: 2760 Sl.215.00 AMOUNT $1,296.00 $1,377.00 S2,016.00 $4.329.00 $2.83500 S432.00 $75600 Sl,584.00 S1,14800 $15,773.00 $i6,988.00 OBJECT CODE TITLE AMOUNT FEES ASS'D STATE/FED RULE-ENVIRON HEALTtl $360.00 FEES ASS'D STATF./FED RULE-ENVIRON HEALTH $400.00 SummaR' for Object Code: 1092 S760.00 ........... ~-u m~n l-0, -f~ r'~'ro~-ra ~: -'35 i ................. S~;~:~0:0o' PROGRAM · OBJECT CODE SERVICE Plan Review Plan Review 352 Migrant Labor Camp OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON IIEALTH FEES ASS'D STATEflED RULE-ENVIRON HEALTtl Summar)' for Object Code: 1092 AMOUNT OBJECT CODE TITLE MIGRANT HOUSING PERMIT MIGRANT HOUSING PERMIT MIGRANT HOUSING PERMIT MIGRANT HOUSING PERMIT MIGRANT HOUSING PERMIT Summar)' for Object Code: 1139 AMOLINT $6,625.00 $1,125.00 $500.00 S$,250.00 1092 OBJECT CODE 1139 SERVICE A. Annual permit for facilities with 5-50 occupa A. Annual pe~m{t for facilities with 5-50 occupa B. Annual permit for facilities with 51-100 occu C. Annual permit for facilities with over 100 occ C. Annual permit for facilities with over 100 Tuesday, September 14, 1999 Page 8 of 13 31 OR: 2612 PG: ................................. ~,;,ff, m.'~' for Program: B52 ............ $8~2~0~00 PROGRMM 334 Mobile Home Paris OBJECTCODE SERVICE CODEXEROX COMPP~NTOUT 10403 OBJECT CODE I I 13 SERVICE I. Annual permit for 5 to 14 spaces I, Annual permit for 5 to 14 spaces 1. Annual permit for 5 Io 14 spaces 2. Annual permi! For 15 to I?I spaces 3. Annual permit £or 172 and above spaces REINSPECTION REINSPECTION REINSPECTION OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS FEES FOR COPIES OF PUBLIC DOCUMENTS Summir)' for Object Code: 10403 OBJECT CODE TITLE MOBILE ttOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECIIILE PARK MOBILE HOME &RECREATIONAL VECltlLE PARK MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECItILE PARK MOBILE HOME 8; RECREATIONAL VECItlIoE PARK Summer).' for Object Code: I I 1.1 AMOUNT AMOUNT $945.00 $8,286.00 $9,180.00 $18,411.00 PROGRMM 356 Super Act Services OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON HEALTH Summary for Object Code: 1092 AMOUNT 1092 OBJECT COD E SERVICE Bact. Sample OBJECT CODE TITLE AMOUNT SUPER ACT REIMBURSEMENTS (CHD) $20,000.00 Summary for Object Code: 15121 $20,000.00 Summary Ior Prograff~:-~ ......... ~0~'-000~-0~ 357 Private Water Systems 1092 OBJECT CODE TITLE AMOUNT FEES ASS'D STATE/FED RULE-ENVIRON IIEALTH S60.00 FEE~ ASS'D STATE/FED RULE-ENViRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON ~iZ ~LTH Summar)' for Object Code: 1092 $60.00 AMOUNT Page 9 of 13 OBJECT CODE 15121 SERVICE · SUPER ACT TRANSFERS PROGRAM OBJECT CODE SERVICE 10. Limited Use Comrn~rcial Registered System I I. Limited Use Commercial Public Water Syste 7. Reinspection of Private Water System 8. Reinspecfion of Public Water System 9. Delineated Area Clearance OBJECT CODE 1142 SERVICE Tuesday. SepterrOr 14, 1999 OBJECT CODE TITLE 32 lO 2761 Bacterial Sample Collection Chemical Sample Collection Combined Chemical microbiological Delineated Area OBJECT CODE I 165 SERVICE 4. Private Water Construction Permit - scr,.'in8 3 4. Private Water Construction Permit - serving 3 OBJECT CODE 1166 SERVICE I.(A) First Year Public Water Annual Operation 2. Second Year Public Water Annual Operation 2. Second Year Public Water Annual Operation 3. Public Water Construction Permit - Limited 3. Public Water Construction Permit - Limited 5. Initial Operating Permi! Fee After March 31 o NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE NON SDWA LAB SAMPLE Summar)' for Object Code: 1142 OBJECT CODE TITLE PRIVATE WATER CONSTRUCTION PERMIT PRIVATE WATER CONSTRUCTION PER. MIT Summar):,' for Object Code: 1165 OBJECT CODE TITLE PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT Summar)).' for Object Code: 1166 Summar)' for Program:-'~S~ OR: 2612 PG: 2762 SI6,000.00 SlO, 100.00 S26,100.00 AMOLINT AMOUNT $26,160.00 lo PROGRAM OBJECT CODE SERVICE Bact. Sample 1142 358 Public Drinking Water Systems OBJECT CODE TITLE NON SDWA LAB SAMPLE SummaR' for Object Code: 1142 AMOUNT $6,894.00 $6.894.00 OBJECT CODE SERVICE COMP PRINTOUT 10403 OBJECT CODE 1092 SERVICE MODIFICATION MODIFICATION MODIFICATION PLAN REVIEW PLAN REVIEW PLAN REVIEW Plan Review (new consu'.) Tuesday. September 14.1999 OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summar)' for Object Code: 10403 OBJECT CODE TITLE FEES ASS'D STATEflED RULE-ENVIRON HEALTH FEES ASS'D STATEflED RULE-ENVIRON !iEALTH FEES ASS'D STATEflED RULE.ENVIRON HI:,:, .TH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATEflED RULE-ENVIRON HEALTH FEES ASS'D STATF. ffFED RULE-ENVIRON HEALTH 33 AMOUNT AMOUNT S19,000.00 Page 10 of 13 Pl,,n R-'view (new cons~'.) Plan Review (new consir.) OBJECT CODE 1145 SERVICE A. Annual Permit - Up to (and including) 25,000 A. Annual Permit - Up to (and including) 25.000 A. Annual Permit - Up to (and including) B. More than 25,000 gallons I. Initial oper-ating permit I. Initial operating perrail I. [nitia~ operating permit X. Exempted Condo Pools (over 32 units) PROGRAM OBJECT CODE SERVICE Copies 10403 OBJECT CODE 1092 SERVICE I.(AF) Application for permitting oran onsitc se 10.(RN)Rcinspection fee per visit for sile inspecti I I.(RN) Installation reinspection ofnon-complia 12.(PA) System abandonment permit. includes p · 13.(OP) Annual operating permit lee for systems 14.(AM) Amendments or changes to the operatin I$.(OA) Aerobic trratment unit operating permit 16.(TM) Tank manufacturer's inspection per ann 17.(SP) Septage disposal service permit per annu 18.(VI) Additional charge per pumpout vehicle 19.(SP) Portable or temporary toilet service penn 2.(EN) Site evaluation for a new system 20.(V[) Additional charge per pumpout vehicle 21.(SS) Septage stabilization facility inspection f 22.(SD) Septage disposal site evaluation rcc per 23. Aerobic treatment unit maintenance entity pe 3. (ER) Site evaluation for a system repair 4.(RE) Site re-evaluation, new or repair Tuesday, September 14.1999 0R: FEES ASS'D STATE/FED RULE-ENVIRON HEALTt! FEES ASS'D STATE/FED RULE-ENVIRON IIEALTII Summar)., ror Objecl Code: 1092 OBJECT CODE TITLE SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS SWIMMING POOLS Summar).' for Object Code: 1145 Summao' for Program: 360 361 Septic Ta,k Fees OBJECT CODE TITLE FEES FOR COPIES OF PUBLIC DOCUMENTS Summary. for Object Code: 10403 OBJECT CODE TITLE FEES ASS'D STATE/FED RULE-ENVIRON tlEALTII FEES ASS'D STATE/FED RULE-ENVIRON IIEALTII FEES ASS'D STATE/FED RULE-ENVIRON FIEAI.Ttl FEES ASS'D STATE/FED RULE-ENVIRON tlEALTIt FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTtt FEES ASS'D STATE/FED RULE-ENVIRON ttEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HE,~,LTH FEES ASS'D STATE/FED RULE-ENVIRON lt~.~[ TH FEES ASS'D STATE/FED RULE-ENVIRON tt 'EAL fH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON ttEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE-ENVIRON HEALTH 34 2612 PG: 2763 lO $19,000.00 AMOUNT S36,112.00 $86.400.00 $122.512.00 S141.511.00 AMOUNT AMOUNT $34.845.00 S27.025.00 S12,880.00 $920.00 $825.00 S2,346.00 SLOO.0O $276.00 $115,00 $184.00 $276.00 $23.00 $2?6.00 S23.00 Sl2,512.00 $1,840.00 Pagell of 13 $.(PN)Permit For new systems,including standard 6.(IN)New system installation inspection 8. (PR) Repair permit issuance which includes ins 9.(IE) Inspection of'system previously in use Installa6on inspection for new performance Performance Based Syst Appl Permit for new performance-based treat Reinsp~ction fee visit for site insp. OBJECT CODE 1135 SERVICE 24.(VR) Variance application for a single family 25.(VC) Variance application for a multi-family OBJECT CODE SERVICE 3. I_~te fcc 1092 $69 OBJECT CODE 1144 SERVICE I. Annual license fee 2. F~t for each additional device FEES ASS'D STATE/FED RULE-ENVIRON HEALTH FEES ASS'D STATE/FED RULE.ENVIRON HEALTtl FEES ASS'D STATE/FED RULE-ENVIRON 11EALTII FEES ASS'D STATE/FED RULE.ENVIRON tlEALTII FEES ASS'D STATE FED RULE.ENVIRON ItEALTII FEES ASS'D STATEFED RULE-ENVIRON 11EALTII FEES ASS'D STATEFED RULE-ENVIRON HEAI.TII FEES ASS'D STATEFED RULE-ENVIRON IIEALTI.! Summ:ry for Object Code: 10~2 OBJECT CODE TITLE OSDS VARIANCE FEE OSDS VARIANCE FEE SummaR' for Object Code: 1135 ...... ~umma~' for Pr01~ram: 361 ' Tanning Facilities OBJECT CODE TITLE FEES ASS'D STATFFFFFFFFFD~ED RULE-ENVIRON ItEALTlt Summary for Object Code: 10~2 OBJECT CODE TITLE TANNING FACILITIES TANNING FACILITIES SummaD' for Object Code: 1144 OR: 2612 PG: 2764 S59,455.00 S59,455.00 SI4,076.00 S920.o0 569.00 Sl15,oo S115.00 S23,00 $228,697.00 AMOUNT $300.00 · S300.00 S228,997.00 AMOUNT AMOUNT 52,025.00 S990.00 $3,015.00 T ............................ '~m-~;~' f~r L--ev'~l: 'ZOO- ................ $470,987.00 Level 900 PROGRAM OBJECT CODE I I 13 SERVICE la. Transfer to hcadquarlcrs 2a. Transf~' to headquarters 3a. Tnmsf~' to headquarlcrs OBJECT CODE 1132 SERVICE 10a. Transfer to headquarters I In. Transfer to headquarters la. Transfer to headquarters Tu~'~lay, September 14, 1999 Transfer 910 Surcharge OBJECT CODE TrrLE MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILE PARK MOBILE HOME & RECREATIONAL VECHILF PARK Summar)' for ObJect Code: 1113 OBJECT CODE TITLE FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT AMOUNT AMOUNT Page 12 of 13 10 35 OBJECT CODE 1144 S£RV1CE la. Transfer to hcadquarlcrs OBJECT CODE 1165 SERVICE 4a. Tmns£cr Io hcadqu-',rtcrs 4a. Transfer 1o headquarters OBJECT CODE 1166 SERVICE l a. Transfer to hcadquarlers 2a. Transfer to headquarters 2a. Transfer to hcadquarlcrs 3a. Transfer to headquarters 5a. Transfer to headquarters OR: FOOD IJYGIENE PERI',tIT FOOD HYGIENE PEPJ~IT FOOD IIYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD HYGIENE PERMIT FOOD IiYGIENE PERMIT FOOD tlYGIENE PERMIT Summzr}' for ObJe¢! Code: 1132 OBJECT CODE TITLE TANNING FACILITIES Summa~' for Object Code: 1144 OBJECT CODE TITLE PRIVATE WATER CONSTRUCTION PERMIT PRIVATE WATER CONSTRUCTION PERMIT Summar).' for Obje¢! Code: 1165 OBJECT CODE TITLE PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT PUBLIC WATER ANNUAL OPERATION PERMIT Summar}' for Objec! Code: ! 166 Summary for Program:"~l~" 2612 PG: 2765 AMOUNT AMOUNT AMOUNT lO Summary For Level: 900 Grand Total S1.107.241.00 Tuesday, S~tember 14, 1999 36 Paffe 13 of 13 OR: 2612 PG: 2766 ATTACHMENT V COUNTY FEE SCHEDULES, BY SERVICE Estimated Annual Revenue Accruing To The III. ~ Attachment includes Pgs. 38-42 Subtotal Tot_a] County F~-~-~ $ 556;544.00 attchv900.doc (rev. 9/14/99) 37 OR: 2612 ........................ 'At~-a~m~n-t-v'~-Ol.~YY BUDGET P-P.~EPARATION Level 100 PROGRAM OBJECT CODE 1090 SERVICE FLU MEDICARE MEDICARE MEDICARE PNEUMO FISCAL YEAR 1999-2000 Communie.ble Disease 101 Immunizations OBJECT CODE 1093 SERVICE FLU PT PAY HEP B PT PAY 90746 IMM IMMUNIZATION MERCK GRANT PNEUMOVAX PT PAY PT PAY ON ACCT OBJECT CODE SERVICE BCC 8034 OBJECT CODE TITLE INCOME FROM MEDICARE INCOME FROM MEDICARE INCOME FROM MEDICARE Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORD[N-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. D1SEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTHER Summar)' for Object Code: 8034 AMOUNT $31,295.00 $10,794.00 ,$42.089.00 AMOUNT $44,718.00 S3,540.00 $197.00 $48,455.00 AMOUNT OBJECT CODE 1093 SERVICE PT PAY 8034 PT PAY ON ACCT OBJECT CODE SERVICE GRNT CNTY COMM OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 AMOUNT $150.00 $100.00 $250.00 OBJECT CODE TITLE AMOUNT GRANTS FROM COUNTY COMMISSION-OTHER Summary for Object Code: 8034 Summar)' for Pr~r~'~:']O~ ................. ¥~3 a3a~ ......... 7o J- ¥~3'/Jo~- ................................ OBJECT CODE ~090 SERVICE OBJECT CODE TITLE MED,CA~-A,DS ,NCOME ~RO~ Tuesday, Septembe~ 14, 1999 38 PG: 2767 16C AMOUNT Sl 3,000.00 Page I of 5 10 OBJECT CODE SERVICE 501 TRNG CURRENT PT PAY CURRENT PT PAY CURRENT PT PAY tlIV PP ON ACCT. PROBATION CLASS PROBATION CLASS PROBATION Ct. ASS OBJECT CODE SERVICE CTYCOMM GRANT 1093 8034 Summar')' for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY.ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. D1SEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. D[SEAS SummaD· for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OTIIER Summar3.' for Object Code: 80.14 S-~mar>..'for Program: 103 OR: 2612 PG: 2768 Sl3,000.00 AMOUNT $3,000.00 AMOUNT lO PROGRAM OBJECT CODE SERVICE 'lB MEDICARE OBJECT CODE SERVICE PT PAY PT PAY PT PAY PT PAY ON ACCT OBJECT CODE SERVICE GRNT CNTY COMM 1090 1093 8034 104 TB OBJECT CODE TITLE INCOME FROM MEDICARE Summary for Object Code: 1090 OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS FEES ASS'D COUNTY ORDIN~'OMMUN. DISEAS FEE~ ASS'D COUNTY OKDIN-COMMUN, DISEAS FEES ASS'D COUNTY ORDIN-COMMUN. DISEAS Summary for Object Code: 1093 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION43THER Summary for Object Code: 8034 AMOUNT Sl ,000.00 $ 1,000.00 AMOUNT $7,000.00 $150.00 S7,150.00 AMOUNT 8034 OBJECT CODE SERVICE GRNT CI'¢TY COMM Tuesday, September 14, 1999 OBJECT CODE TITLE AMOUNT GRANTS FROM COUNTY COMMISSION-OTHER Summary for Objec! Code: 8034 Summary for Program: I'0~ ..................... Page 2 of 5 39 FROGlUM OBJECT CODE SERVICE B R CARD OBJECT CODE SERVICE BIRTH CERT OBJECT CODE SERVICE DEATH CERT OBJECT CODE SERVICE OUT OF COUNTY OBJECT CODE SERVICE ADMIN FEE 1060 1114 1115 1116 1117 180 Vital Statistics OBJECT CODE TITLE FEES FROM VITAL STATISTICS Summar)' for Object Code: I060 OBJECT CODE TITLE VITAL STATS · NEW BIRTII CERTIFICATE SummaD' for Object Code: I I 14 OBJECT CODE TITLE VITAL STATS - DEATtt CERTIFICATE Summar~ for Object Code: I 1 IS OBJECT CODE TITLE VITAL STATS - COMPUTER ACCESS FEE Summan.. for Object Code: I 116 OBJECT CODE TITLE VITAL STATS OR CIID - ADMIN FEE S.50 Summary for Object Code: I 117 ............................... ~-u ~n i~y -i;~ r -i~r~ ~r ~ :--i S0- OR: 2612 PG: 2769 AMOUNT $7,000.00 $7,000.00 AMOUNT S25,000.00 $25,000.00 AMOUNT S155,000.00 S155,000.00 AMOUNT S2,000.00 S2,000.00 AMOUNT S3,000.00 $3,000.00 $192,000.00 Summar)' for Level: 100 $307,944.00 Leve/ PROGIUIM OBJECT CODE SERVICE CHOLESTEROL KIDSMOKINGCL OBJECT CODE SERVICE CHOLESTEROL SMOKING CESS 200 1077 1090 Primary Care 210 Chronic Disease OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Object Code: 1077 AMOUNT OBJECT CODE TITLE AMOUNT INCOME FROM MEDICARE INCOME FROM MEDICARE Summary for Object Code: 1090 Summary for Program:-~l~- ............... OBJECT CODE 1077 SERVICE OBJECT CODE TITLE AMOUNT PT PAY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Tuesday, September 14, 1999 Page 3 ors 10 OR: PT PAY FEES ASSESSED COUNTY ORDINANCE-PRIMARY PT PAY ON ACCT. FEES ASSESSED COUNTY ORDINANCE.PRIMARY PT PAY ON ACCT. FEES ASSESSED COUNTY ORDINANCE.PRIMARY Summar)' for Objec! Code: 10'/7 $500.00 ....................... Su~mar~"tor i~rogrlm: 223 $506.00' PROGRAM 223 Maternal Ileahh/IPOP OBJECT CODE SERVICE FEES 1077 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY SummaR' for Object Code: 1077 ........................ Summar).' for Program: 225 PROGR2fM 229 Comp. Child Ileahh 1004 OBJECT CODE SERVICE CAR SEAT 1077 OBJECT CODE SERVICE PT PAY PT PAY ON ACCT OBJECT CODE TITLE INSPECT/CHILD CAR SEAT PROGRAM FEE SummaR).' for Object Code: 1004 OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summary for Objecl Code: 10'77 PROGP~M 234 School Health OBJECT CODE SERVICE FEES 1077 8034 OBJECT CODE SERVICE GRNT CNTY COMM OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY Summar)' for Object Code: 1077 OBJECT CODE TITLE GRANTS FROM COUNTY COMMISSION-OIlIER Summar}' for Object Code: 8034 ...................... ~-~ ~n ~-'y ~o r -~'r & ~'r ~-~: - 2371 1077 PROGRAM OBJECT COD E SERVICE PT PAY PAY ON ACCT 237 ,~dult Health 2612 PG: 2770 $500.00 AMOUNT S4,0o0.00 S4,000.00 $4,000.00 AMOUNT $600.OO $600.OO AMOUNT S1.800,00 $1300.00 AMOUNT AMOUNT OBJECT CODE TITLE AMOUNT FEES ASSESSED COUNTY ORDINANCE-PRIMARY S25,000.00 FEES ASSESSED COUNTY ORDINANCE-PRIMARY S900.00 Summary for Object Code: 1077 $25.900.00 Summar}' for Program:-23? ............. Tuesday, September 14.1999 Page 4 of 5 41 PROGRAM OBJECT CODE SERVICE PT PAY ON ACCT 1077 240 Dental OBJECT CODE TITLE FEES ASSESSED COUNTY ORDINANCE-PRIMARY SummaQ' for Object Code: 1077 Summar)' for Program: 240 summar)' for Level: 200 OR: 2612 PG: 2771 AMOUNT S32,g00.OO 10 Level PROGRAM OBJECT CODE SERVICE WATER CERTIF WATER CERTIF 30O 1094 OBJECT CODE 1094 SERVICE B.Swimming P.Tr~ining B.Swimming P.Training B.Swimming P.Training C. SP Comp. Training D. Bact. Samples O~cr En vironm ental Health 357 Private Water S')'stcms OBJECT CODE TITLE FEES ASS'D COUNTY ORDIN-ENVIRON IIEALTII FEES ASS'D COUNTY ORDIN-ENVIRON lIEALl'I! Summar)' for Object Code: 1094 .... ~-ummiQ"f0r Program:'357 ' Swimming Pool Program OBJECT CODE TITLE FEES ASS'D COL~TY ORDIN-ENVIRON ilEALT{I FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH FEES ASS'D COUNTY ORDIN-ENVIRON tlEALTtt FEES ASS'D COUNTY ORDIN.ENVIRON Ii£ALT{I FEES ASS'D COUNTY ORDIN-ENVIRON HEALTH Summar)' for ObJe¢l Code: 1094 ............ ~-u ~-mi~..' ~or yr~ri ~n:~ 360 Summarl, for Level: 300 AMOUNT $7,800.00 S7.800.00 S7,80o.00 AMOUNT S2,000.00 $206,000.00 $208,000.00 ' $268,~oo.oo S215,800.00 Grand Total $556,544.00 Tuesday, Sepmmber 14, 1999 42 Page OR: 2612 PG: 2772~ 1D ATTACHMENT VI FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description COLLIER COUNTY HEALTH & PUBLIC SERVICES-BUILDING H CHD/ENVIRONMENTAL HEALTH CO-LOCATION WITH DEVELOPMENT SERVICES IMMOKALEE SATELLITE Clinical Services Health Services Facility General Public Health Services Triple Wide Mobile Office Unit Location 3301 East Tamiami Trail Building H, Naples Owned By Collier County 2800 North Horseshoe Drive Collier County Naples 419 North First Street Immokalee Collier County Collier County Collier County A~tchVIS9. doc 43 OR: 2612 ATTACHMENT VII DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL PROJECTS, IF APPLICABLE (From Attachmenl II, Pan I) PG: 2773 DESCRIPTION Special CONTRACTS (Please list separately) Special contracts are contracts for services for which there are no comparable sen'ices in the county health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to SAMAS Level 599 and include some contracts formerly handled at the district offices such as Epilepsy, colposcopy, Project WARM, community planning and special family planning and teen mother projects. Healthy Kids: $305,000 of funding from Isabel Collier Read and Cleveland Clinic .~) shall be received. The Health Department shall administer ~he funds for the provision of the Healthy Kids Corporation in Collier County. This funding is not from or to affect the Health Department Trust Fund. Therefore, this is not delineated on Attachment I1, Part I. Florida Gulf Coast University: $ 27,400.00 for Management Consultation Services. Management Consultation Services: Comprehensive evaluation of current management and organization structure and climate in accordance with "Qualitative and Quantitative Research Analysis of Collier County Health Department" proposal. attch?900.doc (rev. 9/14/99) OR: 2612 PG: 2774 lO ATTACHMENT VIII TO STANDARD CONTRACT BETWEEN COLLIER BOARD OF COUNTY COMMISSIONERS This attachment adds the following language: The CHD is a state agency or subdivision, as defined in section 768.28, Florida statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHD to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The CHD agrees that it is an independent contractor and not an employee of the County. Atthviii89corxtf. doc 45 RESOLUTION NO. 99- 377 16gl A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FOR ACTIVITIES AND INCENTIVE PKIZES ASSOCIATED WITH COUNTY STAFF PARTICIPATION IN THE UNITED WAY CAMPAIGN AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Collier County Board of County Commissioners has legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes; and WHEREAS, the Board of County Commissioners recognizes the worthwhile goals of the United Way of Collier County and the positive effects participation in the United Way of Collier County Campaign has on County employees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the expenditure of funds not to exceed $1,500.00 for activities associated with the United Way Campaign of 2000 is hereby found by the Board to serve a valid public purpose and is approved. The specific expenditures approved are: incentive prizes including but not limited to: T-shirts, mugs, pins, plastic water bottles, plaques, trophies, food, beverages, and incidental supplies for serving a light snack for employees participating in the United Way Campaign. This Resolution adopted after motion, second, and majority vote. ,,,-~ .....~,,. Attest. ., ;. '~,'.'~,,~'~. ?,,' ¢.7, DWIGHT E. BROCK. CLERK :::.~',: .,..'... : 4 ::~,,?j;:.,., . _, . ~'~,,':':~. ??%.~'.."Slg~atur~ only.' ,,,,.~,.-.. e¥':.~[. 'Approved as to form and legal su~ciency: ( ~avid C ~geF~ County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY. FLORIDA / ~PAMELA S. MAC'KIE, CHAIRWOMAN 16D2 MEMORANDUM Date: To: From: Re: September 30, 1999 Jeff Walker, Director Risk Management Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Contract Between Collier County Government and Insurance and Risk Management Services, Inc. Enclosed for your use, please find one fully executed original document as referenced above, approved by the Board of County Commissioners on September 28, 1999 (Agenda Item #16D2). If you should have any questions, please feel free to contact me at (8406). Thank you. Enclosures CONTRACT BETWEEN COLLIER COUNTY GOVERNMENT AND INSURANCE AND RISK MANAGEMENT SERVICES, INC, RFP #99-2907 This CONTRACT is entered into on October 1, 1999, between Collier COUNTY Government, 3301 East Tamiami Trail, Naples, Florida, a public corporation of the State of Florida (COUNTY), and INSURANCE AND RISK MANAGEMENT SERVICES, INC., 3200 Bailey Lane, Naples, FL 34105-8506 (CONTRACTOR). WITNESSETH WHEREAS, the COUNTY is empowered to enter into contractual arrangements with public agencies, private corporations or other persons pursuant to Florida Statutes; and WHEREAS, the COi. JNTY desires the professional services of a Property and Casualty Insurance Broker to implement a project entitled "Property and Casualty Insurance Brokerage Services"; and WHEREAS, the CONTRACTOR represents that it possesses the required skills, knowledge, expertise and resources and is capable of providing the desired services within the time frame and parameters required by the COUNTY; and WHEREAS, the COUNTY has found the CONTRACTOR'S expertise and resources to be acceptable and wishes to enter into a CONTRACT with the CONTRACTOR; NOW, THEREFORE, in consideration of the benefits flowing fi'om each to the other, the parties agree to the following: 1. CONTRACT TERlVl AND TERMINATION. Unless extended or terminated, the period of performance of this CONTRACT shall commence on October 1, 1999 and continue for a period of thirty-nine (39) months, terminating on December 31, 2002. The COUNTY may, at its option, renew this CONTRACT for two (2) additional one-year periods. The COUNTY may terminate this contract by providing 60 days whtten notice to the CONTRACTOR of such intent to terminate. The CONTRACTOR may terminate this CONTRACT for any reason by providing 90 days written notice to the COUNTY of its intent to terminate the agreement. 16D2 2. FEES. As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts shown in the FEE SCHEDULE hereinafter stated in this CONTRACT. It is agreed between the COUNTY and the CONTRACTOR that the scheduled fee shall be billed on a monthly installment for the term of the Agreement beginning with the first payment payable on October 31, 1999. All insurance coverages purchased by the COUNTY under this CONTRACT shall be purchased net of commission and the CONTRACTOR shall not accept a commission unless an insurance company has a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. If that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available from the insurance company and shall fully disclose the amount of commission to the COUNTY. If an insurance company pays a commission to the CONTRACTOR, the parties agree that the scheduled fee shall be reduced by the amount of the commission paid to the CONTRACTOR. The CONTRACTOR shall be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as proof that commissions were not paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for termination of this CONTRACT. January $3,750 $2,900 $2,900 February $3,750 $2,900 $2,900 March $3,750 $2,900 $2,900 April $3,750 $2,900 $2,900 May $3,750 $2,900 $2,900 June $7,000 $5,400 $5,400 July $16,583 $12,967 $12,967 August $16,583 $12,967 $12,967 September $16,583 $12,967 $12,967 October $5,000 $7,000 $5,400 $5,400 November $5,000 $3,750 $2,900 $2,900 December $5,000 $3,750 $2,900 $2,900 Total $15,000 $89,999 $70,001 $70,001 3. SCOPE OF SERVICES. It is understood that the CONTRACTOR shall perform the following services: A) Every three years, the CONTRACTOR shall solicit insurance coverage proposals from interested markets. The purpose of this project shall be to evaluate and recommend the most effective risk-financing program in terms of protection and cost. It is the intent of the county to review various risk financing strategies including programs which encompass the county's current risk financing arrangement and may include first dollar, self insured retention, large deductible, loss sensitive programs or other programs which would be appropriate for review. The CONTRACTOR in conjunction with the Risk Management staff shall develop a project 2 16D2 marketing strategy; prepare a project schedule; present under,,vriting information to carriers and other appropriate panics; present proposals to the Risk Management Director; enter into final negotiations; and implement the program(s) with all of the appropriate parties. This project is to be implemented at the October 1, 2000 renewal. The final program shall be presented to the Risk Management Director no later than 30 days prior to this date unless conditions beyond the control of the CONTRACTOR prevent such presentation. The county reserves the right to alter this three year schedule, depending upon market conditions or any other factors to include direction by senior management or direction by the Board of Commissioners. If such alteration of the timeframe takes place, both the COUNTY and CONTRACTOR shall have the fight to amend the FEE SCHEDULE portion of this CONTRACT, subject to the final approval of both parties. B) For years other than that found in paragraph 3(A) above, the CONTRACTOR shall develop a project schedule; present underwriting information to carriers and other appropriate panics; present proposals to the Risk Management Director; enter into final negotiations; and implement the program(s) with all of the appropriate parties. The final program shall be presented to the Risk Management Director no later than 30 days prior to renewal unless conditions beyond the control of the CONTRACTOR prevent such presentation. C) Assist the Risk Management staff in the development and maintenance of premium allocation systems, which may include.experience rated systems. D) Assist Risk Management staff in the development and maintenance of contractual insurance standards and provide advice as to the appropriate types, texTns and levels of coverage necessary for proposed county contracts, as needed. E) If directed, request proposals from interested third party administrators, evaluate these proposals, participate in interviews, and make a recommendation for selection to the Risk Management Director; coordinate the approval of selected third party administrators with the appropriate excess cartier(s); maintain frequent contact with claims personnel so as to follow the progress of claims management activities; remain abreast of loss development; resolve problems/conflicts regarding claims administration issues; and negotiate fees. F) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. G) Issue binders and insurance certificates of coverage on behalf of the county; request endorsements from carriers and issue identification cards for automobile insurance. H) Analyze insurance market trends; assess the county's insurance program and its current financial trends and report each January the affect that these trends will have on pricing, coverage availability, and allocated budgetary costs. I) Assist the Risk Management Department in the audit of Workers' Compensation classification coding. J) Provide up to 16 hours of training services to county staff per year on insurance and risk management topics, as needed. K) Provide consulting advice regarding the selection of a Risk Management Information System to include desirable program characteristics and potential vendors, if requested. This does not include the preparation of an RFP or the evaluation of proposals; however, the cost of this service may be negotiated separately, if requested by the county. L) Coordinate an annual actuarial evaluation of the program to determine funding requirements; seek written quotations when directed and recommend a vendor; gather and disseminate loss and other relevant data to the actuary; review the draft report; request changes as needed and forward the final report to the Risk Management Director. This final actuarial report is to be completed by December 15~h of each year for the previous fiscal year ended September 30~'. M) Provide routine verbal consulting advice on safety and loss control matters as they relate to the county's risk management program and provide up to 20 hours of on site consulting work. Additional on site inspections, written programs and training programs are not included within the scope of services but may be negotiated for an additional fee. Nothing contained within this paragraph shall be construed to prevent the COUNTY from contracting with other loss control vendors for similar services. N) Provide consulting advice regarding the potential for utilizing new and/or emerging risk financing programs. O) Provide an annual schedule of all insurance in force as of each October 1, showing expiration dates, net and gross annual premiums, limits and deductible/retentions. P) When requested, coordinate notice of claims and/or losses to underwriters and carriers and shall also make inquiries and petitions on behalf of the COUNTY to carders as may be appropriate. Perform an annual review of losses that exceed the excess retention level and inquire and provide assistance with recoveries. Q) Obtain answers from underwriters to policy coverage questions as requested. R) Review certain contracts, leases and agreements for insurance requirements, coverage interpretations and other risk management issues as requested. S) Coordinate the timely issuance of all policies and endorsements and submit originals to the Risk Management Director. 4 T) Where possible, provide to the COUNTY premium invoices at least twenty-one (21) days prior to the payment due date in accordance with the payment terms required of the CONTRACTOR by the insurance carrier. 4. SCOPE OF COVERAGES TO BE PROVIDED- The scope of coverages to included in this CONTRACT and serviced by the CONTRACTOR shall be as follows: Property Insurance (Including) Real and Personal Property Extra Expense Business Interruption Valuable Papers Crime Computer (EDP Hardware & Sofaare) Contractors Equipment Automobile Insurance (Including) Liability Physical Damage Uninsured Motorists Personal Injury Protection Medical Payments General Liability Insurance Public Officials Liability Insurance Accidental Death & Dismemberment (Statutory) Boiler & Machinery Public Officials Bonds Difference In Conditions Flood Environmental Impairment I,iability (Pollution) Law Enforcement Liability Workers' Compensation and Employer's Liability Insurance 1602 Workers' Compensation Claims Administration Services Workers' Compensation Managed Care Programs Property and Liability Claims Administration Services Safety and Loss Control Services Builder's Risk Medical Malpractice Insurance 5. AGENT OF RECORD AND RIGHT TO ASSIGN MARKETS. It is understood between the parties to this CONTRACT that the CONTRACTOR is designated as the agent of record in its representation of the COUNTY to insurance underwriters or other intermediaries. However, the COUNTY, through its Project Manager, shall have the right to assign a market or markets to another broker if: a) The CONTRACTOR does not have access to a program or market and where there may be a substantial benefit to the COUNTY in seeking a proposal fi'om such program or market. b) It is determined that there are specialty programs available to the COUNTY but unavailable through CONTRACTOR, or where another broker possesses a greater level of experience, expertise, access, ability, or resources in a specialty area. In such instance(s), CONTRACTOR shall provide consultation and advice to the COUNTY in the review and analysis of the assigned market's final proposal. Further, the assignment of market(s) shall not reduce the scheduled fee due the CONTRACTOR. 6. GENERAL PROVISIONS A. The Project Manager for the COUNTY is the Collier County Risk Management Director. The Project Manager shall be responsible for overall coordination and oversight of the performance of this CONTRACT. B. All legal notices to the CONTRACTOR under this CONTRACT shall be in writing and sent certified mail to: Insurance and Risk Management Services, Inc. 3200 Bailey Lane Naples, FL 34105-8506 1692 C. All legal notices to the COUNTY under this CONTRACT shall be in writing and sent certified mail to the Project Manager at: Collier County Government Center 3301 E. Tamiami Trail Naples, FL 34112 D. All legal notices under this CONTRACT shall be considered received upon receipt. Either party may change its address by providing prior written notice to the other of any change of address. E. All invoices shall be submitted to the COUNTY'S Project Manager. The COUNTY shall pay the full amount of the invoice by the first (1) day of the month due provided the CONTRACTOR submitted the invoice in a timely manner. Failure by the CONTRACTOR to follow these instructions shall result in an unavoidable delay of payment by the COUNTY. F. The CONTRACTOR assumes the responsibility for compliance with all laws, rules, and regulations, state, federal and local, which are, or which shall be applicable. G) COUNTY ~. The CONTRACTOR, in consideration often Dollars ($10.00), the receipt and sufficiency o.fwhich is accepted through the signing of this document, shall hold harmless and defend COUNTY and 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 the performance of this CONTRACT or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named CONTRACTOR, any subcontractor or anyone directly or indirectly employed by any of them. The CONTRACTOR'S limit of, or lack of, sufficient insurance protection shall not affect this indemnification agreement. The first Ten Dollars ($10.00) of money received on the CONTRACT price is considered as payment of this obligation by the COUNTY. This section does not pertain to any incident arising fi'om the sole negligence of COUNTY. H) It is understood that the CONTRACTOR is an independent CONTRACTOR and is not an employee or agent of the COUNTY. Nothing in this CONTRACT shall be interpreted to establish any relationship other than that of an independent CONTRACTOR, between the COUNTY and the CONTRACTOR, its employees, agents, subcontractors, or assigns, during or after the performance of this CONTRACT. I) INSURANCE COVERAGE. The CONTRACTOR shall procure and maintain through the term of this CONTRACT the following insurance coverage. The CONTRACTOR for the duration of this agreement shall maintain current insurance policies meeting the requirements herein identified. Renewal certificates shall be sent to the COUNTY thirty (30) days prior to any expiration date. Such certificates shall provide a thirty (30) day notification to the COUNTY in the event of cancellation or modification. CONTRACTOR shall insure that all subcontractors of 7 16D2 CONTRACTOR comply with the same insurance requirements that the CONTRACTOR is required to meet. Professional Liability Insurance. Limits of Liability- $1,000,000 each claim. $1,000,000 aggregate. Worker~ Compensation and Employer~ Liability Insurance covering all employees in compliance with all state and federal laws. Limits of Liability- Workers' Compensation- Statutory Limits of Liability- Employers Liability- $500,000 each accident. $$00,000 disease- each employee. $500,000 disease- policy limit. Commercial General Liability Insurance including Bodily Injury and Property Damage Liability naming Collier County as an additional insured. Limits: Each Occurrence- $1,000,000 Personal Injury $1,000,000 General Aggregate $2,000,000 Products-Comp/Oper. Agg. $2,000,000 Automobile Liability for Bodily Injury and Property Damage including, if applicable, owned, non-owned and hired autos. Limits- $1,000,000 Combined Single Limit J) The CONTRACTOR shall provide insurance certificates as proof of insurance prior to the commencement of performance. Insurance certificates shall be written by a company acceptable to the COUNTY. The CONTRACTOR shall notify the COUNTY at least thirty (30) days prior to cancellation or modification of this insurance policy. K) The CONTRACTOR shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this CONTRACT without prior written consent of the COUNTY. L) The CONTRACTOR shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap or sex, be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination in any activity under this CONTRACT. The CONTRACTOR shall take all measures necessary to effectuate these assurances. M) The laws of the State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary for either party to initiate legal action regarding this CONTRACT, venue shall be in the 20'~ Judicial Circuit of Florida in Naples, Florida for claims under state law and in the Middle District of Florida, Fort Myers Division, for any claims which have jurisdiction in federal court. N) This CONTRACT may be amended only with the written approval of the parties. 8 16 2 O) A failure or waiver of the COUNTY'S right to enforce any covenant, condition, or provision of this CONTRACT shall not operate as a discharge of or invalidate such covenant, condition or provision, or impair the enforcement rights of the COUNTY. P) This CONTRACT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The CONTRACTOR recognizes that any representations, statements or negotiations made by COUNTY staff do not suffice to legally bind the COUNTY in a contractual relationship unless they have been reduced in writing, authorized and signed by an authorized COUNTY representative. This CONTRACT shall bind the parties, their assigns, and successors in interest. The parties or their duly authorized representatives hereby execute this CONTRACT on the date written above. ':' "-' ATTEST: - ":'" .~DWIGHT E. BROCK, CLERK .~...,.... ~,BY. ~;~:~?;.i~....Deputy~Clerk LEGAL SUFFICIENCY: MICHAEL PETTIT, ASSISTANT I~ COUNTY ATTORNEY WITNESSETH: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:; CORPORATE SEAL: 9 CERTIFICATE OF LIABI' I~'murance and Risk Management Services, Inc. 12771 World Plaza Lane 92 Fort Myers FL 33907-3989 Phone.' 941-275-0151 Fax: 941-275-0272 Insurance and Risk Management ~ervices. Inc. 200 Bailev Lane, #105 Naples FL 34105 LITY INSU A o-;,D I ...... 'TNSUR-1 09/10/99 THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 1HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURER INSURER S: INSURER C: INSURER D: Hartford Insurance Company INSURER E: COVERAGES ~ Pouclu OF IN~UIUd~E USTEO SELOW HAV~ BEEN I~U~ TO THE iNSURED ~ED A~ FOR THE ~L~Y PE~OD IN~CATEO, ~THSTAN~ ~ ~~. ~ OR CON~N OF ~ CO~CT OR O~ER ~E~ ~ RESPECT TO ~CH T~S CER~FICA~ ~Y BE ISSUED OR ~Y ~ ~ I~E ~FOR~D BY ~E ~IES ~BED HER~N II SU~ECT TO ~L ~E ~RMS, ~CLU~ONS ~O CON~ONS OF S~H ~ ~REGA~ U~ ~ ~Y ~ ~E. REDED BY .~D C~1 ~ OF ,~E ~Y .UU.ER DATE~ OA~ LIMIT: GENERA~ MABILrI'Y COMMERCIAL GENERAL UAB/UTY AUTOMOBILE LIABIUTY ANY AUTO A~L OWNED AUTOS SI~HEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OCCUR E~ CLAJMS MADE OTHER 21SBAEG7330 21SBAEG7330 07/01/99 07/01/99 07/01100 07/01/00 EACH OCCURRENCE FIRE DAMAGE (A~y one tim) MED EXP (Any o~, perion) PERVOHAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Es ~,ccldent) BO~LY INJURY (P~' pemon) BODILY INJURY {P~' aC,~M ent) PROPERTY DAMAGE (Pal' ~cldem) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AOG EACH OCCURRENCE AGGREGATE TORY L~ E.L EACH ACCIDENT E,L. ~SF. ASE. EA EMPtOYE: E.L. D~SEASE · POLICY LIMIT $1 000 000 ~300 000 s10 000 sl 000 000 s2 000 000 s2 000 000 $1,000,000 CERTIFICATE HOLDER IADOf~OMAL INSURED: INSURER LE1'rER: CANCELLATION Collier County Board of County Commissioners 3301 East Tamiami Trail Naples FL 34112 COLLCO2 ACO~D 2S-8 (7ft13 SHOULD ANY OF THE ABOV~ DE~RJBED POU~IES BE ~ELLED ~'ORE ~E ' ' qCORD~PO~TION 1'88 1602 CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATYER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insured: Producer: INSURANCE & RISK MANAGEMENT SERVICES, INC. 3200 BAILEY LANE, #105 NAPLES, FL 34105 Insurance Programs, Inc. 3159 Shamrock South, PO Box 12129 Tallahassee, FL 32317-2129 COVERAGES IThis is to certify that the policies of insurance listed Ibelow have been issued to the insured named above for t~the policy period indicated, notwithstanding any [requirement, term or condition of any contract or other documen! with respect to which this certificate !INSURANCE AGENTS' PROFESSIONAL LIABILITY COVERAGE COMPANY AFFORDING COVERAGE: The American Insurance Company Policy Number:. ME-07201296 ~IEff. 12:01 AM: 01101/99 Each Claim Limit: !Exp. 12:01 AM: 01/01/00 Aggregate Limit: may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. $5,000,000 $6,000,000 :Certificate Holder: !COLLIER COUNTY RISK MANAGEMENT DEPT ATTN: JEFF WALKER 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 i CANCELLATION: ~,Should any of the above described policies be cancelledCertif, cate Holder named above, but failure to mail Ibefore the expiration date thereof, the issuing companysuch notice shall impose no obligation or liability of any t~will endeavor to, mail 10 days written notice to thekind upon the Company, its agents or representatives. } Atlthorizcd P-,epresentative: 7~,~CA~~~ ISSUe Date: JUNE 17, 1990 · ACDRD .CERTIFICATE OF LIABILITY INSURANCE 08/27/1999 ADVANTECH SOLUTIONS INSURANCE, INC. 1410 N, WESTSHORE BLVD $UFrE 600 TAMPA, FLORIDA 33607 INSURED ADVANTECH SOLUTIONS 1410 N. WESTSHORE BLVD. SUITE 600 TAMPA, FLORIDA 33607 Sedal # Al105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE aSuRER^: GENERAL ACCIDENT INSURANCE CO. INSURER C', . INSURER D: INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAl. I.tABIUTY MERCtALGENERAL LIAI~IUTY Ct. AIMS MADE E~ OCCUR [ANY AUTO ALL OWNED ^UTO$ SCHEDUt, EO AUTOS HIRED AUTOS -OWNED AUTOS WC0161753 POUCY NUMBER RECEIVE 4/17/99 Uk~TS D 4101/00 EACH OCCURRENCE I $ rIPE DAMAGE (A~f_ MED E.XP (Any one pe~,~3n) ~S .............. ..?s__o._.~. &~,~u~z _~_~ ............ COMBINED SINGLE LIMIT lea BOOILY INJURY BOOIL¥ INJURY PROPERTY DAMAGE AUTO ONI.Y . F.A ACCIDENT i OTHER TI-IA~ EA ACC AUTO ONLY: AGG ~)ESC~JP'~N Olr OII~Jt, AT1ONS/t.C)~ATtON~,N~ ~Ct..EE./EX~ ADOED BY ENDORSEMENT~PECIAI. FOR THE BENEFIT OF EMPLOYEES LF.,a~ED TO INSURANCE & RISK MANAGEMENT SERVICES, INC. FROM ADVANTECH SOLUTIONS, INC. CERTIFICATE HOLDER---"--[-T--~omoe~ INSUE~. INSLEE LETTER: CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMISSIONERS 3301 E. TA~LJNI TRNL NAPLES. FLORIDA 34112 I ACORD 25-S m~XJLD ANY O~ THE AJ~3V~ DF. SCmBED P~JCES ~ ~CE~D B~ ~ ~ DATE ~, ~E ~UNG I~ ~ ~D~ ~ ~ 3~ ~ys ~ N~ ~ ~ C~A~ ~ ~ TO ~ ~, B~ FNL~E ~ ~ ~ ~ AUTI~ REPeATIVY. OF INOEPENDENT INSURANCE AGENCY e ACORD CORPORATION 1988 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538068 OR: 2597 PG: 0014 *** !I~DID ta OIIICIA~ H¢0~$ of ¢0~I!! COI~I~, HC Ill ~.oo let;: 16H 1 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASENUMBER: Boehing, MaryElizabeth 99-01740MMA For services of the Public Defender, bearing the date of the 14th day of May, 1999 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of 25.00, under Final .~udgement and Order recorded in Official Record book 2549, page 1847. 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 Cour~ cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this ~ day of ~C_C_C_C_C_C_C_C_C_~~, 1999. ATI'EST: ·" ':: · : Cleri~t Circuit Court -" BY: ltt st as to pproveo as to Iorm regal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamch S. Mac'Kie C!mirwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538069 OR: 2597 PG: 0015 *** 10/0I/IH! at OT:S&A[ ~WIGlt? 1. HOCK, CUll H~ HI 6.00 tern: 16H 1 KNOW ALL MEN BY THESE PRESENTS tl~t COLLIER COLFNTY FLORIDA, thzough its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Fussell, Oliver Warren 98-01445MMA For services of the Public Defender, bearing the date of the 26th day of March, 1999 recorded in office of the Clerk of the Circuit Court of Colli~ County, Florida, securing the principal sum of 25.00, under Final $udgcmcnt and Order re~ in Official Record book 2532, page 1585. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that san~ a.s canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. ...... ""Ex~uted this ._~ day of~, 1999. .~ . .ATTEST:. . " ....-~ttast a~ to Chairtom's sJgnat re BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Clairwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF lIEN FOR SERVICES OF TI~ PUBLIC DEFENDER *** 2538070 OR: 2597 PG: 0016 *** IO/OI/HH at OT:HA]( O¥IGH! L BROCL H~ HI ~.00 KNOW ALL MEN BY THESE PRESENTS ~hat COLLIER COI/NTY FLORIDA, through its BOARD OF COMMISSIONERS, is the o~ner and holder ofa ce~ain lien against: CASE NUMBER: Garcia, Julian Gomez 99-00356MMA For services of the Public Defender, bearing the date of the 26th day of March, 1999 recorded in off',ce of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of 25.00, under Final Judgement ~ Order recorded in Official Record book 2532, page 1577. The Board of County Gmunissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surte~er~ that s=ne as canceled, ~md hereby directs that the Clerk of said Circuit Court cancel this lien of recoil. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execule this Satisfaction of Lien in its name. ;,Executed this ~ day of ~.,.~, 1999. :" ATTEST:' : .~ ../-.... BOARD OF COUNTY COMMISSIONERS COLLIER COI. YNTY, FLORIDA BY: Pamela S, Mac'Kie Chairwoman Aui~tant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538071 OR: 2597 PG: 0017 *** RICODID in OHICIAL RKORH Of ¢OLLIRR COU]~T, FL lO/01/HH at O/:SiAll D~ICET B. BROC[, CHR[ lie tll t.00 Rein: CAS~111 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORiDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: G~za, Tortres Tommy 99-00666MMA For services of the Public Defender, beating the date of the 26th day of March, 1999 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of 25.00, under Final $udgement and Order recorded in Ofi'~cial Record book 2532, page 1579. 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 wrrNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this ~, day of~t.~, 1999. ""'" ' ATTEST: '" :' fT '" "- ~~o~ legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Fie Chairwoman ~ssis ty y PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538072 OR: 2597 PG: 0018 *** R~RI)10 In 0F~ICIAL H¢0D$ of ¢0L~IH ¢0UR?T, F~ I0/01/19~9 at 07:51U DWISB? X, ~10CI, C~IH ilC I!! LO0 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Ison, Clifton Allen 96-06758MMA For services of the Public Defender, bearing the date of the 8th day of November, 1996 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $0.00, under Final .Iudgement and Order recorded in Official Record book 2251, page 1321. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, ~nd hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. ...F, xccuted.this ~ day of ~~2~,~, 1999. . ATTEST:. to Chltmln' Approved as to form I~gal suxnciency BOARD OF COUNTY COMMISSIONEI~S COLLIER COUNTY, FLORIDA BY: Paine¼ S. Mac'Kie Chairwoman Assist~t ClSunty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538073 OR: 2597 PG: 0019 *** IO/01/1H9 at O7:5{~iDl~lG~ I. BLOCK, CLlll IIC 111 leta: l'bH 1 KNOW ALL MEN BY THESE PRESENTS t~t COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Manduj~no, Froilan R. 98-00928MMA For services of the Public Defender, bearing the date of the 6th day of April, 1998 recorded in office of the Clerk of the Cixcuit Court of Collier County, Florida, securing the principal sum of 25.00, under Final Judgement and Order recorded in Official Record book 2416, page 3063. The Board of County Commissioners o f 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 C~rcuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Clminma cxecutc this Satisfaction of Lien in its name. Executed this ~.ctay of ~I~,~_, 1999. · ' ATTEST: ? , "' '"s "Cl~'rkofCircuitCourt sSgnatur, only. Approved as to form legal s~fftciency BOARD OF COUNTY COMMISSIONERS COL/I~ER COUNTY, FLORIDA BY: Pameln S. Mac'Kie Chairworam Assistaat County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER *** 2538074 OR: 2597 PG: 0020 *** 1O/0UIH~ at 07:H~ HIGIff I. H0¢I, ¢LH[- 16H I KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Marchand, Robinson 99-00592MMA For services of the Public Defender, b~azing the dat~ of the 16th day of April, 1999 rtcorded in office of the Clerk of the Ch'cuit Cou~ of Collier County, Florida, securing the principal sum of 25.00, under Final Judgement and Order record~l in Official Record book 2540, page 3296. The Boazd of County Commissioners of Collier County her:by 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 WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. ATTEST: ~.. '~.,,._ '~.~.,~.,. ~,~. .'" ~. · C~k ofC~t ~ ' s~gnatura Appmv~ ~ to~ legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S, Mac'Kie Chai~ornan Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538075 OR: 2597 PG: 0021 *** 10/01/19H a~ 07:54~ DfflG~ I. HOCK, ~ HI ~,00 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASENUMBER: Rodriguez, Javiar 99-00651MMA For services of the Public Defender, bearing the date of the 16th day of April, 1999 recorded in office of the Clerk of the Circuit Courl of Collier County, Florida, securing the princ~al sum of 25.00, under Final Judgement and Order recorded in Official Record book 2540, page 3339. 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 ~ lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby d~'ects that its Chairman execute this Satisfaction of Lien in its name. Executed this ~ day of.~x~_, 1999. '"'"' AQcast as to Omlrma's Approved as to form legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie C'l~.irwoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O, BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTXON OF LIEN FOR SERVICES OF TH~ PUBLIC DEFKNDER *** 2538076 OR: 2597 PG: 0022 *** UC01DID t~ 0ffICll~ UC0~S of C0L~111C0Illff[, 10/01/IHg at 07:5411 ~l!~!ff I. BI0¢I, UC lil t.00 KNOW ALL MEN BY THESE PRESENTS ~h.t COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Roller, Eddie James 99-01385MMA For services of the Public Defender, bear~g the dste of the 23rd day of April, 1999 recorded in office of the Clerk of the Circuit Court of Collier County, Florid~ securing the p~incipal sum of 25.00, under Fix~l J'udgerae~t and Order recorded in Official Record book 2540, page 3307. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as cancelc~l, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioner~ of Collier County, Florida, hereby directs that its C!~irman execute this Satisfaction of Lien in its nsme. · Executed ~ ~ day of~t~s~_, 1999. ""'" "A'~EST£" BOARD OF COUNTY COMMISSIONERS / '"-':" '' "- "" COLLIER COUNTY, FLORIDA ~.-. :: - . '"'... ~'i" BY: Pmmela S. Mac'Kie "", AtteStaS tO 2 1trm '$ c i ,oman !~rO¥~l as [0 Ior~ legal ~umc~ency A~sismnt ounty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLOR.~A 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538077 OR' 2597 PG' 0023 *** 10/01/HH et O7:HU D[IG~ l, BiOCI, CL!il H~ HI 16 H 1 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder ofa cert~n lien against: Sanchez, $u~ Carlos CASE NUMBER: 95-07867MMA For services of the Public Defender, bearing the date of the 27th day of October, 1998 r~cordted in office of the Clerk of the Circuit Court of Collier Courts', Floriris, securing the principal sum of 25.00,~ under Final Judgement and Order recorded in Official Record book 2484, page 1590.~ The Board of Court5' Commissioners of Collier Coun5' hereby acknowledges full payment Jd satisfaction of said lien, hemby surrenders that same as canceled, ~d hereby directs that the Clerk of sai~ 'Circuit Court ca~ccl ~his lien of record. IN WFFNESS WHEREOF, The Board of Courtly Commissioners of Collier Count,, Florida~ .'ruby directs that its Chaimum execute this Satisfaction of Lie~ in its name. Assistant Co""5' Anomey BOARD OF COUNTY CO~ ISSIONERS COLLIER COUNTY, FLOR.IDA BY: Psmem S. Mac'Ki~ ~[ PREP~ BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2538078 OR: 2597 PG: 0024 *** tern: KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Sanchez, Luis Alejandro 98-06765MMA For services of the Public Defender, bearing the date of the 21st day of October, 1998 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of 25.00, under Final Judgement and Order recorded in Official Record book 2475, page 0507. 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 WITNESS WHEREOF, The Boaxd of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. ,' Executed ~ ~ day of ~S~_, 1999. ." :"'"kTTEST: "' :: ~ . .~- ' Cler~'-of Circuit Court ' '"'" ...."attast as to Chatrau's signature only. Approved as to form legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S, Mac'Kie Clmirsvoman Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2538079 OR: 2597 PG: 0025 *** SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Stacey, John Edw~xi 98-09455MMA For services of the Public Defender, beating the date of the 23rd day of April, 1999 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of 25.00, under Final Judgement and Order recorded in O/5cial Record book 2540, page 3317. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as ca~celed~ ~d hereby directs that the Clerk of said Circuit Court c~ncel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. 'i. ..,. .'-..~: .. "':'"':'"" '~': :.. Cler~6fCircuitCourt AS l~n~l;ure pnlx. pp~ve~l as to xorm'legal suf/iciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 28, 1999 16H 2 FOR BOARD ACTION: Satisfaction of Lieq: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 99-01740MMA, 98- 01445MMA, 99-00356MMA, 99-00666MMA, 96-06758MMA, 98-00928MMA, 99- 00592MMA, 99-00651MMA, 99-01385MMA, 98-07867MMA, 98-06765MMA, and 98-09455MMA 2. MISCELLANEOUS ITEMS TO FILE FOR ICECORD WITH ACTION AS DIRECTED: Clerk of Courts;: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. September 6-10, 1999 4. Minute:~: Ao Environmental Advisory Council - Agendas for August 17, i 999 and September 1, 1999 and minutes of June 2, 1999, August 4, 1999, and August 17, 1999 meetings B. Historic and Archaeological Preservation Board - Agenda for August 27, 1999 Emergency Medical Services Advisory Council - Agenda for August 25, 1999 and minutes of July 28, 1999 meeting Do Airport Authority - Agenda for August 25, 1999 and minutes of July 12, 1999 meeting Pelican Bay MSTBU Advisory Committee- Agenda. for September 1, 1999 and minutes of August 4, 1999 meeting Fe Collier County Planning Commission - Agenda of September 2, 1999 and minutes of August 5, 1999 meeting Bayshore Beautification Advisory Committee - Agenda of September 1, 1999 and minutes of August 1 l, 1999 meeting Golden Gate Beautification Advisory Committee - Agenda of September 14, 1999 and minutes of August 10, 1999 meeting AGENOB ITEM NO._ / ~, ,'4 ~L Golden Gate Estates Land Trust Committee - Minutes of June 7, 1999 meeting SEP 2 8 1999 pg. / 16H Proof of Publication - Unclaimed Moneys- Affidavit of Publication and list of funds held by Collier County Clerk of the Circuit Court 2 AGEND~ ~L~EM No._ /'G . SEP 28 1999 pg. CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA F1 N A N C E & ACCO U NTI N G D E P,'\ RTi%II'~NT 1.AH 2 RECEIVED MEMORANDUM Board of Count~ Co~t$$1o~rs DATE: TO: FROM: RE: Please find attached a listing of tile disbursements for the Board of County Commissioners fi~r the period September 6 through September I0, 1999. In accordance xx4th Florida Statutes, Chapter 136.06(1), wc v:ould request that these reports be included as miscellaneous correspondence to the Board of Count)' Commissioners and made part of the record. If you have any questions regarding this matter, please telephone me at 774-8481. Thank you for }'our cooperation. NO. / 6~/---/,..-~ SEP 2 8 1999 pg., ! 16H BCC VENDOR MANUAL WARRANT LOG 09/07/1999 09/0911999 09/09/1999 09/09/1999 Clerk of Courts, Dwight Brock 90,100,00 South Flodda Water Management 650.00 Collier County Tax Collector 14,60 Workd Golf Village Resort Hotel 89,00 495609 495610 495611 495612 CC vs Faith Bible Church Permit Fee GG Blvd Tag/Title FA#950067 John Myer 9113 9/14 BCC PAYROLL MANUAL WARRANT LOG 09/10/1999 Jon H, Pratt 1,169.93 209641 Reissue Stp Pmt C o © 0 0 0 ,D r,, f,', o o o o ~ o c o b c, o, .:., o C' 0 f d 0 0 0 c. 0 0 'C, 0 0 o~ o~, 0 0 0-, r- u-- m ,%, -< ol ~ (4 1'4 r' ,> 6 0 0 0 ~, o o .2 I 0 0 ,2' 'D 0 r'~ 0 · .~ .: c o ,? '? ,,.. · oI 0 I- 0 o ,Z., 0 C, O o c; Z L~ D · · · .e ,3' 0 C' 0 ,. I O .D C:, ,D .3. .C, ., 0 d d d d .f d J d -m C' ,D 'D C, © © C, o o 'r ,c © o D r~ r, I · · LO -i C, ~ C, ~' C' - C' 0 C, C, 0 C, 0 0 C, O C, 0 0 0 ,o O C' O ,5 'D v ¢.t (0 i_2 , : ::' F F · D hT.' ~-.' ,D ,Z, ~C, .:: ,6 d · ::. '.-.., C' ' C,:' .;. 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'i' 0 0 0 ~ . © 0 0 :'.~ ~ ¢ I ':r, rq 'D ': -- = ? g ' © 0 C, '1' ,7( .0 I,,~ 0 0 'D o c. .5 0 '3 0 C, a ~ © © 0 C. ld N f'4 0 ,? 0 I 0 C C ,.~ 0 C' 'D 'S 'l,' D ~ C © O' C, ~, 0 0 ,D F-, ,0 ,c 0 0 o ,< AU6 11 ~999 COLLIER COUNTY I~rd ,¢ N~.y Cm~s1,~.~r$ ENvJRO~MENTAL ~SORY CO~CIL AGENDA Au~st 17. 1~: 9:~ A.M. BOA~ROOM~ THI~ ~OQR--AD~ST~TIQ~ B~LD~G I. ROLL CALL If. ESTABLISHMENT OF TERMS HI. APPROVAL OF AGENDA IV. DISCUSSION OF ~ 2, i 999 E,~C MEE/TNG MINUTES V. APPROVAL OF AUGUST 4, 1999 EAC MEETING MINUTES. VI. NEW EAC MEMBER ORIENTATION AND WORKSHOP VII. LAND USE PETITIONS AGENDA A. Planned Unit Development No. PUD-99-7 "PRC&M PUD" Section 4, Township 49 South, Range 26 Eas~ Planned Unit Development No. PUD-99-13 "Balmoral PUD" Section 18, Township 49 South, Range 26 East C. Planned Unit Development No. PUD-96-10(2) "First Assembly Ministries Education &Rchabilitation Campus PUD" Section 14, Township 50 South, Range 26 Eas~ VIIL OLD BUSINESS A. Update from County Attorney's office if available IX. NEW BUSINESS A. Discussion on proposed NRPA boundaries Misa. ~0rr~ Oa~ t~~ Item" /,~/"/~'~ 16H 2 B. State Adminisu'ation's Final Order, review of schedule C. Appointment of Orowth Management sub-committee X. COUNCIL MEMBER COMMENTS XI. PUBLIC COMMENTS XII. ADJOURNMENT NOTES: [Council Members]: Notify the PLANNING SERVICES DEPARTMENT (403-2400) no later than 5 P.M. on August 12t~ , 1999 ifyou cannot attend this meeting or if you 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 of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ~ OF Tl~ RNVIRONM~NTAL ADVIRORY COUNf~I. DAT~: ~une 2, 1999 9 a.m. 3~ Floor Boardroom, Administration Building, Collier Count), Gov~nrnent Center, Naples, Florida STAFF PRESENT Cole X Cornell X Fo!~ A Hill X lackson X Neal X Robinson X Sansbury _.EA_ Adarmes Minor Arnold X Burgeson X Canteru X Chrzanowski X Keohane X Kuck X Ixnb g= X Lorenz X Maheuron Manalich Mulhere X Nino X Scuderi X Seal X Student Weigcl x Stephen Lenberger, Environmental Specialist II Barbara Burg~son, Senior Environmental Specialist CALLED TO ORDER AT: 9 a.m. ADJOURNED AT: 11:10 a.m. William Hill, Chairman ADDENDA TO THE. AGENDA: Item C added under New Business APPROVAL OF AGENDA/MINUTES: Motion made by ._,lgL_C, Ot~ seconded by ~ and carried 7/0, to approve Motion made by ~ seconded by ~ and carried 7/0, to approve Minutes. Regular Agenda - Item V.A. PETITION NO: Planned Unit Development No. PUD-99-01 "Malibu Lakes PUD Section 30, Township 48 South, Range 26 East Proposed 8.6 acres of commercially zoned land and 142 acres of residentially zoned land. A mix of single family and multi-family tracts will surround one large lake, several smallcr l~:es and the appropriate amount of preservation areas. Grady Minor, Q. Grady Minor and Associates, P.A. Made by Mr. Cornell , seconded by ~ and carried 5/0, to approve Planned Unit Development No. PUD- 99-01, "Malibu Lakes PUD" with Staffs stipulations. Mr. Espinar and Mr. Nesl abstained from the vote. 1. A copy of the SFWMD Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final SDP approval. Lake setbacks from the PUD perimeter can be reduced to 25 feet where a 6 fl. high fence or suitably substantial barrier is erected. No environmental stipulations. PETITION NO: Regular Agenda - Item V.B. Conditional Use Petition No. CU-99-05 "San Marco Mission" Section 2, Township 51 South, Range 26 East A place of worship with a parish hall of 1000 seats, a 1400 seat church, an office building educational facilities with daycare, columbarium/ memorid, and a resid~nc~ for priests. ]!R!~R!~_qENTED BY: Diocese of Venice Spectrum Engineering, Inc. Made by Dr. Jackson , seconded by Mr. Robinson carried 7/0, to approve Conditional Use Petition No. CU- 99-05, "San Marco Mission" with Staffs stipulations. and Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Curr~t Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided around wetlands, extending at lea.~ fifteen (15) fee! landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit Rules and be subject to rcview and approval by Current Planning Environmental Staff. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maimenancc (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within areas of retained native vegetation. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those pwtected species shall be submitted to Current Planning Environmental Staff for review and approval prior tO final site plan/construction plan approval. Agenda - Item V.C. p~ON NO: Planned Unit Development No. PUD-98-20 "Whippoorwill Lakes PUD" Section 18, Township 49 South, Range 26 East REQIW_.fTING: Proposed residential PUD with a maximum of 628 residential units, recreational facilities, water management lake and preserve areas. BY: Andy Woodruff, Passarella & Associates, Inc. Made bye, seconded by ~ and carried 7/0, to approve Planned Unit Development Petition No. PUD 98-20, "Whippoorwill Lakes PUD" with Staffs stipulations. Amend section 5.2(A)(3) of the PUD document by adding the underlined language and deleting the Water management 2. Amend section 6.100)) of the PUD document by adding the underlined language. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation ~, shall be submitted to Curr~t Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. This l~lan shall include methods and time schedule for removal of exotic veget~on within conservation/preservation areas. 3. Add the following stipulation to section 6.10 of the PUD document. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plarVeonslxuetion plan approval. 2 A. Growth Management Plan Subcommittee 1. Monty Robinson was elected Cha/rman at the May meeting. 2. lqext meeting scheduled for Thumiay June 24, 1999 at 5 p.m. Room E, N. Horseshoe Drive. 3. Presentation by Bill Lorenz and Bob Mulhere, smnmafizing the GMP amendments sad Ulx:omin_.v discussions with DCA and Governor and Cabinet. Bo Proposed amendments ofthe Weed, Litter and Exotic Ordinance 1. Michelle Arnold made a presentation and responded to questions from EAC members. 2. Motion made by Mr. Eap/nar to approve with eond/fions that the ordinance distinguish 2lmtween uplands and wetlsnds, secoruled by Mr. Robinson and carried 7/0. C. Bri~disoussion of possible ~tdifional subcommittees To adjourn by ][ga..Cdlllldl_~ seconded by ...Jtir_Elgill~g~, carried 7/0. For a complete record of the proeeedin~ reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5a Floor, Building "F", Collier County, Government Complex. The~ b~ng no further business, the meeting was adjourned by order of the Chair. ' Enviro~men~,d Advisory Council Min/dm/kW. AC StaffRe~rts William Hill, Chairman 2 MINUTES OF THE ENVIRONMENTAL ADVISORy COUNCIl, DATE: TIME: PLACE: August 4, 1999 3~ Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida STAFF PRESENT Cornell X Coe X Hill ._X_ Jackson X Sansbury X Adarmes Minor Arnold X Burgeson X Cautero Chrzanowski X Keohane Kuck Lenberger Lorenz X Maheuron Manalieh Mulhere X Nino Scuderi _ X Seal X Student Weigel Yilmaz .__X ~ Barbara Burgeson, Senior Environmental Specialist CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:00 ~ Mr. William Hill, Chairman a.m. ADDENDA TO THE AGENDA: The EAC Chairman amended the agenda. The follow is a summary of the items discussed. 16H 2 !~.~it~nmental Advisory Coum¢H Minutes .......................................August 4, 1999 Page 2 The EAC members asked that the June EAC minutes be sent to them. They received the May minutes by mistake. Bob Mulhere gave a brief presentation of the BCC meeting discussion regarding the EAC from the meeting of 8-3-99. Mami Scudeft gave a brief discussion of the ethics laws. Bob Mulhere and Bill Lorenz gave a presentation of the 8-3-99 BCC discussion regarding the State Administration's Final Order. Bill stated that he wants to have the EAC to serve as a forum for review and public input of the proposed NRPAs that the County must identify by September 14, 1999. He will send out packages to each EAC member so that they would have all the recent material to be able to discuss it at their next meeting. The EAC Chairman directed Bob Mulhere to ask the BCC to have an emergency meeting in order to address the current membership situation. A motion was made by Mr. Jackson and seconded by Mr. Coe to request that the BCC have an emergency meeting to appoint new EAC members, prior to the 8-17-99 EAC meeting, or as soon after that as possible. The other part of that motion was to ask the BCC to consider giving the EAC the ability to act as a 5 member Council so that, for the 8-17-99 meeting, not all 5 members need to be present to conduct business. The motion was approved .6-0. The EAC members agreed to meet on 8-17-99 at 9:00 am. The BCC boardroom is available for that meeting which is tentatively scheduled to hear 3 land use petitions and have a full discussion regarding the Administrations Final Order, specifically the proposed NRPA boundaries. .A motion was made by Mr. Jackson and seconded by Mr. Sansbury to appoint Mr. Cornell as Vice Chairman, which would require him to act as Chairman in event of Mr. Hills absence, Approved 54}. An open discussion was held between EAC members regarding their role on the EAC and h,ow they felt they should proceed particularly in light of the BCC discussions from the 8-3-99 meeting. A motion was made by Mr. Coe and seconded by Mr. Cornell to authorize Chairman Hill to write a letter on behalf of the EAC, to the BCC, outlining their concerns and expectations. Approved 5-0. To adjourn by_M,~Ta;a:a.~&]~, seconded by Mr. Coe , carried 5-0. For a complete record of the proceedings reader is directed to the tape -. Environmental Advisory Council Minutes .......................................August 4, 1999 Page 3 recording ofthis meeting, located in the Office of the Clerk to the Board, $'~ Floor, Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Council Min/den/h:~EAC Staff Reports William Hill, Chairman COLLIER COUNTY AIJ~ 2 § 1999 A v SO V September 1.1999:9:00 a.m. COMMISSION BOARDROOM. THIRD FLOORmADMINISTRATION BUILDING I, ROLL CALL II. APPROVAL OF AGENDA IlL APPROVAL OF AUGUST 17, 1999 EAC MEETING MINUTES IV. LAND USE PETITIONS AGENDA Planned Unit D~velopmcnt No. PUD-99-7 "PRC&M PUD" Section 4, Township 49 South, Range 26 Eazt Be Commercial Excavation No. $9.703 "SR 846 Land Trust Commercial Excavation" Sections 182, Township 48 South, Range 27 East & Sectior~ 35&36, Township 47 South, Range 27 East C. Conditional Use No. CU-99-17 "Section 25 Conditional Use" Sections 25& 36, Township 48 South, Range 26 East V. OLD BUSINESS ~~/~f~ A. Adoption ofNRPA boundarie~ VI. NEW BUSINESS ~. COUNCIL MEM]3ER COMMENTS ~ VIII. PUBLIC COMMEN~ IX. AD~'OURNMENT 16H 2 Environmental Advisory Board Agenda ......................................September 1, 1999 Page 2 NOTES: [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on August 26, 1999, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. Be [General Public]: Any person who decides to appeal a decision of this board will need a record ofthe proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to bc based. ................ i i I nlll IIIIIIII IlU II III IIIII IIII IIII III ........ 'Environ ~l~tsl Advisory Board Minutes ..............................................April 7, 1999 Page 2 :~ Motion made by Mr. Sandsbury , seconded by Dr,. Jackson , and carried 8/0, to elect William Hill as chairman. Motion made by Dr. Jackson , seconded by Mr. Sandsbury , and carried 8/0, to elect Keen Cornell as vice chairman. ESTABLISItMENT OF TERMS: The following terms were established: Ed Carl~m Michael G. Coe John P. Di Nunzio James L. McVe'y J. Richard Smith Tcmi expires April 30, 2003 Term expires April 30, 2001 Term expires April 30, 2003 Term expires April 30, 2000 Term expires April 30, 2002 DISCUSSION OF JUNE 2, 1999 EAC M/NUTES. APPROVAL OF AUGUST 4, 1999 EAC MINUTES: Motion made by Mr. Sandsbury seconded by Dr. Jackson and carried 8/0, to approve minutes of Minutes of August 4,1999. WELCOME TO NEW EAC MEMBERS/STAFF INTRODU~ONS. Presentation by Vincent A. Cautero, Administrator, Community Development and Environmental Services Division. LAND USE PETITIONS AGENDA: PETITION NO: Regular Agenda - Item VII.A. Planned Unit Development No. PUD-99-7 "PRC&M PUD" Section 4, Township 49 South, Range 26 F_4st REQUESTING: A public cemetery with associated ancillary uses or an assisted living facility (ALl:) and/or group care facilities as an alternative to having a REPRESENTED BY: Jim Kelmer, Boylan Environmental Consultants, Inc. Brace Anderson, Young, Van Assead~ & Varnadoe, P.A. 2 Environmental Advisory Board Minutes ..............................................April 7, 1999 Page 3 MOTION: Made by Dr. Jac!~on , seconded by Mr. Coe and carded 8/0, to continue PUD-99-7 until the September 1, 1999 EAC meeting. PETITION NO: REQUESTING: Regular Agenda - Item VII.B. Planned Unit Development No. PUD-99-13 "Balmoral PUD" Section 18, Township 49 South, Range 26 East A PUD for a residential subdivision with 154 units to be developed with as mixing of single and multi-family homes. REPRESENTED BY: Michael Myers, Passarella and Associates, Inc. Michael Fernandez, Planning Development, Inc. MOTION: Made by Mr. Sandsbury , seconded by Mr. McVey carried 8/0, to approve PUD-99- i 3 with staffs stipulations. and Environmental: Amend section 2,2(A) of the PUD document as follows by adding the underlined language. Regulations for development of Balmoral PUD shall be accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pain of the Collier County Land Development Code (to the extent they are not inconsistent with the PUD Ordinance) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. Where the regulations of this PUD Document fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply, Amend section 4.10(D) of the PUD document as follows by adding the underlined An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the eons~vation/preservation areas, shall be submitted to ~t Planning Environmental Review Staff for review and approval prior to Site Development Plan/Construction Plan approval. This plan shall include methods and EnvironmmtM Advisory Board Minutes ..............................................April 7, 1999 Page 4 i~ time schedule for removal of exotic vegetation within conservation/preservation Add the following sentence to section 4.10(E) of the PUT) document. Permitted uses within preserve areas do not preclude the requirement of preserving 4.25 acres of native vegetation. 4. Amend section 4.10(E)(3) of the PUD document as follows by adding the underlined language and deleting the ~mmk through lan~mge. Water management structures faeiliti~ and ~-~ential services, Regular Agenda - Item VII.C. PETITION NO: Planned Unit Development No. PUD-99-13 "First Assembly Ministries Education & Rehabilitation Campus PUD" Section 14, Township 50 South, Range 26 East REQUESTING: To add 10.3 acres to an existing PUD for a church facility with a mix of religious, community social services and residential uses in a campus-type setting. REPRESENTED BY: Rev. David Mallory, First Assembly of God Church Jim Keltner, Boylan Environmental Consultants, Inc. PUBLIC SPEAKERS: Michael Simonik, The Conservancy of Southwest Florida MOTION: Made by Mr. Carlson , seconded by Dr. Jackson and carried 8/0, to approve PUD-96-10(2) with staffs stipulations. EnviFonmenttl: Amend section 4.2(AX3) of the PUD document by ~tding the underlined language and deleting the slnlgk.lhzt~ Water management structur~ facilifim and e~.qential serviceg. · .... 16H 2' E~,vlron ntal Advisory Board Minutes ..............................................April 7, 1999 OLD BUSINESS: NEW BUSINESS: A. Mami M. Scudeft, Assistant County Attorney, welcomed and gave the new EAC members information pertaining to State Ethics and Sunshine Laws. Discussion on proposed NRPA boundaries Presentation by Bill Lomaz, Director, Natural Resources Department. Four members of the public spoke on this item. B. State Administration's Final Order, review of schedule C. Appointment of Growth Management sub-committee The following EAC members volunteered to b~ on the sub-committee: J. Richard Smith, Chai~an of sub-committee Thomas W. Sandsbury, contingent upon County Attorney Office's finding regarding possible conflict of interest. Ed Carlson William W. Hill, as a non-voting member of the sub-committee. M, Keen Cornell Daniel F. Jackson COMMEN~: For a complete record of the proceedings reader is directed to the tape recording ofthis meeting, located in the Office of the Clerk to the Board, 4th Floor, Building "F", Collier County, Government Complex. Thet~ being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Council Min/den/hAEAC StaffRepo~s William W. Fitill, Chairman COLLIER COUNTY GOVERNMENT COMMUN~ DEVELOPMENT AND ENVIRONMENTAl. SERVICF2~ DIVISION 2 August 13.1999 Planning Services Department 2800 North Horseshoe Drive Naples. Florida ~MI04 Ms. Allison Herrington Assistant CLG Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Herrington: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold a public hearing on Friday, August 27. 1999. I have enclosed a copy of the agenda for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me at: 941403-2463 or you can send me an e-mail message at Raybeliows~colliergov.net. Sincerely, 11ows, Principal Planner (CLG Coordinator) Historic in~servnfion/RVB/rb cc: Vincg~t A. Caut~ro SueFib,on Rmi J~mro Ron Nino Don Murray Pr~'rvltion Bontd Morrt$ Carter Const&ntine Misc. Cortes: Item Copies To: Phone (941) 4g~?.400 F~z (941) ~1-6~ www.co.coilier.fl.us 16H 2 AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, AUGUST 27, 1999, IN THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM "C", LOCATED AT 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA: 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. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. i. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES: July 16, 1999 3. PLANNING SERVICES DEPARTMENT REPORT: A. Historical/Archaeological Probability Maps: B. Web Page Update 4. OLD BUSINESS: A. Goodland Historic District B. Roberts' Ranch - Update C. Humble Oil Company Commercial Oil Well D. 2780 Francis Avenue, Bungalow 5. NEW BUSINESS: A. Cultural Assessment Review DISCUSSION OF ADDENDA 16H EMERGENCY MEDICAL SERVICES AI)VISORY COIINCIL (EMSAC) AGENDA Augus! 2.~, 1999 2:01! P.M. Itealth Building 3r~ floor 33{}1 East Tamiami Trail CALL TO ORDER APPROVAL ¢)F MINUTES OLD BUSINESS NEW BUSINESS Misc. Corres: Date: 0 ~'/~'~//'~ <~. - Copies To: 2 EMERGENCY MEDICAL SERVICES ADVISORY COIINCII, (EMSAC) INFORMAl, MINUTES .luly 28, 1999 2:00 P.M. Emergency Me(iical Services I leadquarlers 3301 Eas! Tamiami Trail Council Members: Bob Laird Mike Davis Roger Evans Gary Yo.ng Gall Dolan (;eorge !.canton A bsen t: .I.P. Gunlher-Mnhr Ofhers: Chief I:l:,gg Ol'~ernlions Chief Page Cornman(let Aguilera Kelly i)aly The regular monthly meeting of the Collier County EMSAC committee was called to order at 2:00 P M. on Wednesday July 29. 1099 by Chairman Bob Laird. There was a discussion reference the May 2(5, 1999 mintJtes Kelly Daly, Naples Community Hospital was in attendance and requested a correclion rnade to lhe minutes rel~:rence Naples Community Hospital, DOR and the revenue The minutes as distributed stated: OLD BUSINESS: "Chief Page staled they have not reached an agreemere as to what is billable to the hospital and what shotdd be billed to Medicare There is over balfa million dollars in transports that DOR has billed either correctly or incorrectly to NCH, and NCH is refusing to pay allofil, even the ones lhey know lhey are responsible tbr Asofnowa letter was sent to NCH asking them to pay the revenue that they know they are responsible for" In a letter from Edward Morton, Executive Vice President oFNCH he is requesting the minutes reflect' I'1 IIII .....II ...... IIII IIIIIII III IIIIIIIIIIIII I 16H2 The NC}-I Healthcare 5yslem has had no discussions directly with Chid' Page or Collier County EMS staff NCH was ctirected to deal with the Collier County Department of Revenue Direc~cn' John Yonkoskv and Division Administrator Leo Ochs The NCH Healthcare System has never refused to pa.,,' wha! is due. However what precisely is due is the pointofconlention N('H had made numerous lump surn paymcnts a~ ti~e county's request before an audit was complete TheNCH Heahhcaregvstem contends that it has boon billed improperly, overpaid and that a refund is due. Chie[' Page stated what is printed is whal he said and that h~formatitm was provided to him by DOR and Leo Ochs Kelly Daly stated the minutes could be amended. She did not want tile minutes Io rellcct that NCH was refusing to pay. she stated that was not true. Mike [)avis made a motion tile ininules be approved as submitted with tile letter supplied by Naples Community kiospilal as an atlachment lo th~*se minutes Secrmdby OLD BUSI NE."4S Mike Davis inquired abc, ut the Departnlent of Revenue and the letter lhat was Kent Chief Flagg stated EMS paid to hire a consullant to review tile billing and collection process. Tile consultant identified several issues including defined business practices. A review of the NCH issue, to determine ifNCH has been billed correctly is being conducted Chief'Flagg has bccn asked to lead in a resolution DOR currently ticms the billing Ikw IEM."-; at a cost ot'more than $200,()(~0 They requested an increase of2(~ ~" . . > ,,, in Fh'2(J()(I bringing their cost tc, 5248.800 fiw this coming year Mike Davis inquired iFout source is ti~c answer. what would happen t()tile existing accounts? Chief Flagg stated. if~he decision is made to out source the collections, the existing accounts on tile hot~ks could also tie ,nanaged by tile company selected Chief Flagg stated Chie[' l>a~c and Kelly Daly arc working to resolve tile transporl bills in question Chief Page was under tile imprcssitms. talking to John 5 tmkt~sk3. if there was a situatkm where they had billed inappropriately, they had t,p to 18 months to bill Kelly Daly slated you have to tile end of tile calendar year following the dale of service bill Medicare. If someone had services in FebreaD' 1998. you only have until 12/31/99 you wait until January. 20(/0, you can'l bill any of 1998. You can say il is eighteen months, but it is really the end oFIhe calendar year ~bllowing lhe date of service ChiefFlagg staled she hopes to have Ibis rcvicw c{m~pleted in three weeks Mike Davis requested if m~mcv has bccn lost due to not hcin~ billed when they should have been billed he x~,oukl like t{~ suc ~.hal thai amount ~vould be He would like to make a motion that the 13oard bc apprised ol'lhal when the inlbrmalion hectm~cs available Seconded by Bob Laird Molion passed Roger Evans requested a report from ChiefFlagg at the nexl meeting Gary Young inquired when the consuhanls evaluation will hc cornpitied a.d if an Rf:P will bc sent ('hicfFlagg stated the consuhams r'cp:m is complclc The Board can have copies sourced, the commcnccmcnl xvotllcl prol~al~ly bc Oclohcr I, 1999 Chairman Laird commentedontilenewspapcrarliclercfercncutheAEl_)'s. I tcals{~staled Chief Flagg will be Ihc speaker at the Sunset J{ola,), ,'MIgLISI 5, 1099 5}le will speak (m the "Overview of EM S". Gary. Young commentedonhmvuserfricndlvthcAEDn~achineis CommanderA?ilcra gaveabriefdemonstraliononlhc AEI) 'l't~cdepartmcnlhasover60oJ'lhcAED'splaccd in the corninfinity with o¥cr I.()()() putspie trained Hc slated a local Ibtmnclati(m chinated over $50.000 which [llll{)tl;115 IO over I 7 TllaCJlillCS The cosl ol'cach machirlc is Mike Davis inquired ifa pr(~I'am is onut~in.7 tt~ educate and tu place Ihc ,,\ED in the new golf course communities LI Malthew\/ilaistiwcoordh~ator Rn' the continuing education. Operations CNef Page infbT'mcd tile Bcmrd Chief Pilm Bollon has gone 1o pan time status and Mark Kennc. clv is the Acling ('hid'l)ih, Chief Page has alsohcenwurkin,_,withChicfTohinand.limWebh ins~artingtheALS engine program willfin the ncxl I~.x~ mt~nlhs NorIll Naples looks real l~romisirlg. we have tentatively agreed Io have a ~11rec mcml~cr team al the Station 40 an(t the ['elican Bay Station one hundred percent ofttin time and staff'the other North Naples Fire stations with three member teams. subject lo minimum manning The City of Naples has indicated lhe are looking at putting up the second ALS engine 2 Brown and Chi¢l' Page will bc movin~ into new otl'iccs lo make room It~r fi~c AED coordinator and a secretatx' Naples Community Hospital will be i)mvidir~g the AED coordinator a scoretaD', and a \'citiclc lo drive Gated communities have been infimn~d they have lg¢) days to comply to lira new ordinance All gated communities will now he eqtmippcd whh remote frequencies so all law enforcement. fire and [5X1~ ~vii] have ~a~c access openers Captah~s testing for lwo p~sitmns will I)e c~mqn~ up Ibis next month, and ~vc will be water rescue pro,~ram in ,'qCl~t~mhcr At the August 3, 1900 Board meeting. l)ino \"illani. Chief' ol' Florida Stale EMS, will hc presenting the 1909 Florida Slate Provider of'the Year ,,\ward to Chief Flags Gary Young inquired to tile EkIS p~sition on speed humps The ShcriWs Office infbrms any interested parties, the speed humps curtail tl~e response times of ELMS, fire & law enfi~rcement ('hiefF'lag~ustalcdsheuixcslltesamcrcsp~msc Cornrnandcr ,,\~uilcra annour~ct:d thc'v ilI'U 11Oxk tlgJll~ I.opl'cSscr ~m' Mylrtgmlol on cardiac patients ~k,"c are the (mir service in the glatt o]' [:lorida that is tm~in- this Mike Davis announced Itc turned in his letter of resignation to Commissioner Mac'Kie lodav and he gave a copy to Chairman Laird. He is planning to relirc st~on and willbe spending seven months of the year in Ge~r~uia Chief Flag~ h'q'tm'ned the Mrcmp appr(~ximately a year ago a Commissi(mer rcqucsled a City and Coulalv Chictg ?Xsst~ciatioma he IY~rmcd Io prowide planning fi'tma a C(~untv wide perspective They have been merlins fi~r ahcml the last six rotruths Thcv are comprised of Chief'Booncfi'~m~CityofMarct~.('hicfRamhosk fi'om City tfi' Naples. ChiefTohin from the fire districts. Captain Storrcr from thu Sheriffs ()fi~ce and ('ificf Flags t¥o111 Emergency Services The ?al is t~ plan cnlul'~cncy SCl'V~CCS programs consistently for the entire county. in lieu of Ihc muhilqC and varied programs based upon dill~renl boundaries They are working on a consistent approach lt~ waler rescue, hazardtins malerials. an(] search and resctm Jim Webb, North Naples Fire conMratulated the Emergency Medical Services tm their award Meeting adjourned CITY OF NAPLES AIRPORT AUTHORITY RECEIVED 160 AVIATION DRIVE NORTH NAPLES AIRPORT AUTHORITY REGULAR MEETING AGENDA .CITY HALL qOUNCIL CHAMBERS 73.5 ,EIGHTH STREET ~, NAPLES~ FL, 25 AUC~UST 1999 9:00 A.M. NAPLES, FLORIDA34104 AUG 2 ~ II~9 ~Oard of COunt,y Comafssloner$ MINLTTES 12 July 1999 Res~ular Authority Meetins 10, August (~onsultant ~;election Committee Meeting PUBLIC COMMENTS (Please flu out a Speaker Registration form prior to the meeting so the Chairman can recognize you appropriately. Comments from the Public will be accepted at this time regarding any airport related matter or comments will be accepted prior to the particular item you wish to address or comments will be accepted at the end of the meeting. Comments are limited to 3 minutes). FINANCIALS CONSENT AGENDA Carter ;.onst&nt t~ ,~6c 'K ~e 6erry Joint Participation. Agreement (,JPA) With FDOT And Resolution 99-8 To Design And Construct The S.out. h Quadrant Access Road and Wilkis0n and ,Ass0¢iates~ Inc. Contract Supplemen,tal Joint Pa~icipation Ai~reement (~IPA} With FDOT And Resolution 99-9 For The North Road Project ,Consultant Selection Committee Rankira! Of Enzineerin!~ Firms For Small Projects And, H ,ole~ M0nterS & Associates ¢0ntract Suoolem~,ntal Joint Participation Agreement .with TO Conduct a Part 161 Study Commercia!, Terminal Paintins Proiect Copies To: ADMINISTRATION (941 ) 643-O733/FAX 643-4084. OPERATIONS 643-0404/f:AX 643-1791. E-mail airportOnaples.net Authority Agenda 25 August 1999 Page 2 16H am I. J. K. 6. Hangar Paintin!~ Proiect 7. Airport Lock & Key System ACTION ITEMS 1. Letal Counsel Rate Adjustment 2. Warren Aircraft Corpoo~tion 3. The London Company 4. Contract For Purchase Of Radios For Airport T¢!eph0ne System Uo!~rade OLD BUSINESS 1. Reconsider Ethics Resolution 2. Disc,uss Draft Budget NEW BUSINESS 1. Golf Course Study 2. Night Curfew Study LEGAL COUNSEL REPORT MANAGEMENT TEAM REPORT PUBLIC COMMENTS CORRESPONDENCE/AUTHORITY COMMENTS ADJOURN Any person who decides to appeal any decision made by this Authority with respect to any matter considered at this meeting, will 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 heard. CITY OF NAPLES AIRPORT AUTHORITY 16H 160 AVIATION DRIVE NORTH NAPLES, I:LORIDA34104 12 July 1999 Authority Meeting Minutes Meeting was called to order by Chairman Thornton at 9:00 A.M. in Council Chambers at City Hall. Present were Commissioners Amato, Soulard, Pennington and West. Also present were Mr. Soliday, Mr. Kowalski, Ms. Klein, Ms. Cureton, Ms. Dugan, Ms. Donovan, Mr. Larson, Mr. Barnhart, Mr. McClary, Ms. Tullo and Mr. Hierta. Mr. Larson reported that the Naples Airport Authority was presented with a trophy from the City of Naples Community Services Department for their float entry in the 4t~ of July parade. The award was 2"d place for "community/commercial float/vehicle and is shared with the Experimental Aircraft Association, Civil Air Patrol and the Naples Pilots Association. Each of these organizations contributed to the success of the parade with their hard work and involvement with airport staff. The Commissioners congratulated staff and thanked the participating organizations for their community involvement. Commissioner Pennington made the motion to accept the 11 June 1999 Ad Hoc Committee Minutes. Commissioner Soulard seconded. Commissioner Soulard - yes, Commissioner Pennington - yes, Commissioner Amaro - yes, Commissioner West - yes, Chairman Thornton - yes. Motion passed 5-0. It was noted that "Stage I and II" in Paragraph 4 would be changed to read "Stage 1 and 2." Commissioner Pennington made the motion to approve the 17 June 1999 Authority Meeting Minutes. Commissioner West seconded. Commissioner Pennington - yes, Commissioner Amato - yes, Commissioner West - yes, Commissioner Soulard - yes, Chairman Thornton - yes. Motion passed 5-0. It was noted that on Page 3, second sentence, "& Operating" would be changed to read "and Operating." Mr. John DeBaun addressed the Authority regarding the coverage of Channel 10 relative to the airport's float in the 4t~ of July Parade. Commissioner Pennington moved to approve the Consent Agenda, commenting that he was surprised that the conclusion to the Oasis Gift Shop issue took so long to complete. Legal counsel stated that the results of the audit indicated no urgent need to move forward and therefore, the issue did not proceed in a timely manner. Commissioner Amato seconded. Commissioner West requested the description included in the Bill of Sale be changed from "Taxiway "D-2" Water Main" to read, "Taxiway "D-2" !2" Water Main." Commissioner Pennington moved to approve the Consent Agenda as amended. Commissioner Amato seconded. Commissioner Amaro - yes, Commissioner West - yes, Commissioner Soulard - yes, Commissioner Pennington - yes, Chairman Thornton- yes, Motion passed 5-0. ADMINISTRATION (941 ) 643-0733/FAX 643-4084. OPERATIONS 643-0404,,'FAX 643-1791, E.ma,I airporlOnaples.nel Authority Meeting Minutes 12 July 1999 Page 2 Ms. LeBlanc-Hutchings requested Authority approval of the Scope of Services and Contract for HMMH and approval of the contract to retain the legal services of Cutler & Startfield. Following discussion, Commissioner West made the motion to approve the Scope of Services and Contract with HMMH with the following amendments: the Scope of Services for HMMH specifically state the services are for a not-to-exceed fee of $149,170.00, the contract with HMMH will be consistent in the use of roman numeral I to define Phase I of the project, Federal legal counsel will also execute the HMMH contract, approving as to form and sufficiency and the 10% handling charge included in HMMIq's Standard Terms and Conditions will be deleted. Commissioner Amaro seconded. Commissioner West - yes, Commissioner Soulard - yes, Commissioner Pennington - yes, Commissioner Amaro - yes, Chairman Thornton - yes. Motion passed 5-0. Commissioner Amato moved approval of the Letter of Agreement with Cutler & Stanfield, L.L.P., authorizing the Chairman to execute the Letter of Agreement and include in that agreement that the firm is engaged to prepare a Part 161 Study, working with HMMH, and may be consulted on other federal legal issues as appropriate. Commissioner Pennington seconded. Commissioner Amato - yes, Commissioner West - yes, Commissioner Soulard - yes, Commissioner Pennington - yes, Chairman Thornton - yes. Motion passed 5-0. Mr. Barnhart requested that the Commissioners approve Resolution 99-8, authorizing the Executive Director to execute the FAA Grant OtTer for the North Road Project. It was noted that staff has met all schedules relative to this project and the best bid received was approximately $149,000 below the anticipated cost of the project. Commissioner Pennington moved approval. Commissioner West seconded. Commissioner Amato wanted it noted in the contract for the North Road Project that it will state that the Airport Authority does not have an obligation to pay its contractor in the event that the permits from the various governmental agencies are not obtained. Commissioner West requested the following changes to the Grant Application: Block 5, insert City of Naples Airport Authority, Block 12, insert Collier County and Block 14, insert our Congressional District - 14. Commissioner Soulard asked legal counsel if he believed there was a conflict if he participated in the vote on this matter. Legal counsel advised that Commissioner Soulard should declare a conflict. 16H Authority Meeting Minutes 12 July 1999 Page 3 Commissioner West - yes, Commissioner Soulard - abstained, Commissioner Pennington - yes, Commissioner Amaro - yes, Chairman Thornton - yes. Motion passed 4-0, with I abstention. Mr. Barnhart requested Commissioners consider the Planned Development (PD) proposal to re-zone approximately 70 acres of Naples Municipal Airport property, west of North Road and south of the Naples Marina. Commissioner Amato requested that the document "Development Criteria and Standards" associated with the PD include under Section III Parcel l-Permitted Uses and Activities, Number 5 -Public Kight of Way. Under Section VI, Second Paragraph, First sentence to read, "NAVAID Facilities are any visual or electronic device airborne, or on the surface, which provides point-to-point guidance information or position data pertaining to aircraft in flight. Commissioner West requested the following editorial changes to the PD document: · First Page of letter to Dr. Woodruff, last sentence, last word, correct spelling of Nayaids. 2 · On the form titled "City of Naples Rezone to Planned Development Petition" Page 1, Address/Location of Subject Property, to read "City of Naples Airport Authority Property West ~d Scuts of North Road and South of the Naples Marina. · Page 3 of the document, first sentence to read: KNOW ALL MEN THAT I, Theodore D. Soilday, as Executive Director of the City of Naples Airport Authority, do hereby constitute and appoint Frank Kowalski, Jr. my true and lawful attorney, to execute the foregoing instrument in my name, place and stead thisday of 199 · Attach the original engineer's surveying table under Exhibit A and B. Dr. Woodruff addressed the Commissioners stating that it is the intention of the City to vacate the right-of-way that will be replaced by the new road and an easement will then be adopted by City Council. If the re-zoning is approved, a subsequent action to formally vacate the roadway will be required. Commissioner West moved approval of the Planned Development document as amended. Commissioner Amato seconded. Commissioner Soulard - abstained, Commissioner Pennington - yes, Commissioner Amaro - yes, Commissioner West - yes, Chairman Thornton - yes. Motion passed 4-0 with 1 abstention. _ I ill I I IlJl I II I I II II - Authority Meeting Minutes 12 July 1999 Page 4 Dr. Woodruff addressed the Authority stating that subsequent to discussions with City Council regarding 68+- acres of airport property west of North Road, Council directed City staff to file the necessary rezoning petitions for the West Quadrant. A re-zoning process can be accomplished by the landowner, by an agent for the landowner or by the governing authority of the property. City Council has directed City staffto file a PD petition and a Conservation petition with respect to these properties. Dr. Woodruff further stated if the City Council moves forward with the re-zoning, the City's Comprehensive Plan will need to be amended. City staff does not believe that the West Quadrant of the airport meets the criteria for Conservation zoning, and believes the PD would be more appropriate. Mr. Steve Kingston, City resident, addressed the Authority stating he feared that re- zoning airport property would result in escalating costs to businesses on the airport. Mr. Joe Bawduniak, Naples Pilots Association Board Member and former Commissioner and Chairman of the Naples Airport Authority, addressed the Authority stating to re-zone the property outside of airport boundaries is detrimental to the operation of the airport. Stormwater management, NAVAID locations and the North Road Re-alignment project could be compromised. Re-zoning the West Quadrant to conservation would remove a large portion of the airport from its intended use. Ms. Sherry Belcher, Pilot and tenant of the airport, and Vice President of the Naples Pilots Association, addressed the Authority urging them to not allow airport property to be re-zoned. Mr. Scott Cameron, City of Naples resident and businessman, addressed the Authority remarking he believed it would be a waste of taxpayers dollars to compensate the airport for what he believed was the City's taking of land, if this was accomplished. Mr. Pennington asked Mr. Cameron if the Gordon River Greenway was a part of the Florida Land Preservation Trust. Mr. Cameron replied that he is President of the Southwest Florida Land Preservation Trust, an individual entity that is involved with the Gordon River Greenway Project. Mr. Richard Cobb, City resident, addressed the Authority commending the Commissioners for their effort to balance the concerns of the flying public and the non- flying public with respect to aircraft noise and volume of traffic. 2 16H Authority Meeting Minutes 12 July 1999 Page 5 Mr. Richard Gentil, owner of Naples Air Center, addressed the Authority expressing his concern with the proposed re-zoning of the airport. Commissioner Pennington stated that the re-zoning issue is part of the political agenda of some City Council Members noting that several Members are in agreement that City Council should operate the airport. He suggested sending an alternative letter to Dr. Woodruff.and the PAIl. Commissioner Amato stated that the two proposals from the City that address re-zoning puts the future of the airport at risk and to eliminate any future development in the West Quadrant is intolerable. He further stated that he believed it was important to reject both proposals. Commissioner Pennington responded that his proposal is consistent with Commissioner Amato's desires. It would provide for everything that is currently depicted in the airport's build-out plan with the exception of a small area of wetlands along the runway. Commissioner Pennington made the ~notion to approve a PD zoning to include all of those items that are currently in our build-out plan. Chairman Thornton seconded. Commissioner West remarked if there was an opportunity to improve the wetland situation on the airport versus maintaining the current poor quality of wetlands, he would vote to improve the wetlands, regardless of public perception. Commissioner Amato stated that he could not support Commissioner Pennington's proposal due to its restrictive nature. He also did not believe that this proposal should move forward to forestall what he believed to be an illegal action on the part of the City. Chairman Thornton stated the purpose of the Build-Out Plan was to designate areas of the airport for the purpose of controlling development. He further stated that he was concerned with legal repercussions and the reaction of the Federal Government with respect to re-zoning the airport for the purpose of preventing development in the West Quadrant. However, he believed Commissioner Pennington's motion appeared to seek a compromise. Chairman Thornton stated Commissioner Pennington's motion was to submit one letter to the City including the words that were previously read into the record. Commissioner Soulard - abstain, Commissioner Pennington - yes, Commissioner Amaro - no, Commissioner West - no, Chairman Thornton - yes. Motion failed 2-2, with 1 abstention. 2 Authority Meeting Minutes 12 July 1999 Page 6 Mr. Soliday stated in a continuing effort to explore all of the alternatives relative to the re-zoning issue, staff noted that the area that is most time sensitive is the area that is west of the West Quadrant. One ofthe alternatives that could be considered is a PD that staff would prepare that would be sensitive to local politics, while maintaining control of the airport. This would only be a single proposal and would be in conjunction with the 27 May 1999 letter that was generated at the direction of the Authority stating that they were not in favor of any re-zoning of airport property. Commissioner Pennington stated his objective relative to this issue was to remove this from political consideration and suggested a proposal that would be agreeable to improving the wetland area. Mr. Soliday suggested preparing a PD that would in effect be a build-out plan for the entire airport, which would negate the necessity to bring each future development plan to the City Council for approval. Commissioner West stated that he believed if the Authority moves forward with this plan, it would be misinterpreted to mean that the Authority is in favor of developing the Noah Quadrant immediately. Commissioner Amato made the motion to send a communication to City Council registering objection to both proposals. Commissioner West seconded. Chairman Thornton suggested sending a letter fi'om Mr. Soliday to the City Manager and the Planning Advisory Board stating that the re-zoning issue was considered, the Authority voted 2-2 after much deliberation, and therefore, the letter dated May 27th continues to be our position. Commissioner Amato was not in favor of sending such a letter, noting that he believed the Authority has a responsibility to take a specific position with respect to the two zoning requests. Cha]rman Thornton restated Commissioner Amato's motion to send a communicalion to City Council declining both proposals from the City with respect to re-zoning, referencing the May 27~ letter previously prepared by the Authority. 16H Authority Meeting Minutes 12 July 1999 Page 7 Commissioner Amaro restated his motion to not support either proposal that was presented by City Council. Commissioner Pennington - yes, Commissioner Amaro - yes, Commissioner West - yes, Commissioner Soulard - abstained., Chairman Thornton - no. Motion passed 3-1, with 1 abstention. Commissioner West made the motion to prepare two letters; one letter that would state the Authofity's position with respect to the re-zoning issue and one letter from staff to staff that would deal with the more substantive issues related to this matter. Commissioner Amaro seconded. Commissioner Pennington suggested the first letter be from the Chairman to the City Manager thanking him for addressing the Authority today and stating the position of the Authority. Commissioner West agreed with this suggestion. Commissioner Pennington also suggested the second letter be from the Executive Director to the Director of Planning for the City. Legal counsel suggested that he write a letter to the City attorney requesting an opinion from him relative to the re-zoning issues. Meeting recessed at 12:30 PM and reconvened at approximately l:10 PM. Mr. Soliday read the following draf~ letter addressed to Dr. Woodruff for Authority approval: "Thank you for your attendance at the City of Naples Airport Authority meeting on Monday, July 12t~. The Authority discussed the impending consideration by the City of Naples to re-zone the Western Quadrant of the Naples Municipal Airport at some length. It was the decision ofthe Authority to reaffirm our position that we do not wish the Western Quadrant be re-zoned at this time. We appreciate your efforts and time in discussing the issue with the Authority." Legal counsel will write a second letter to the City attorney requesting his legal opinion regarding the re-zoning issue. Commissioner Pennington moved approval of the letter and for legal counsel to write a letter to the City Attorney. Commissioner Amato seconded. Commissioner Amato - yes, Commissioner West - yes, Commissioner Soulard - abstained, Commissioner Pennington - yes, Chairman Thornton - yes. Motion passed 4-0, with I abstention. Mr. Soliday requested Authority reconsideration of the City of Naples Ethics Resolution. 2 Authority Meeting Minutes 12 July 1999 Page 8 Following discussion, Chairman Thornton made the motion to table this item until information is received from legal counsel that compares the State Ethics Law with the City of'Naples Ethics Ordinance. Commissioner Pennington seconded. Commissioner West - yes, Commissioner Soulard - yes, Commissioner Pennington - yes, Commissioner Amato - no, Chairman Thornton - yes. Motion passed 4-1. Mr. Barnhart introduced Mr. Victor Latavish, the airport's architect for small projects. Mr. Latavish addressed the Authority regarding his preliminary study of hangar construction on the airport. The Study included a comparison of three different site planning and hangar building configurations. The first option would provide 29 hangar units, the second would provide 27 units and the third option would provide 22 units. Staffwas directed to investigate Port-A-Port hangar construction costs and discuss alternate building plans with Warren Aircraft, specifically the pros and cons of leasing the Executive Hangar. Ms. Klein summarized the draft budget for Fiscal Year 2000. Some suggestions from Commissioners were to review the fuel pricing structure, investigate opportunities to cost share the North Road Re-alignment Project with the County and the City, review utility expenses and catering revenues. As requested by Commissioner Amato, the Authority .athgreed to reschedule the Authority's August meeting to Wednesday, August 25 , 9:00 A.M. in Council Chambers. The Authority agreed to approve the Chairman and staff presenting the Authority's budget to City Council at the August 30°' Workshop. The Chairman will correspond with the Mayor requesting to be present at the Workshop. Legal counsel reported following last month's Authority meeting, he met with the City attorney and County attorney to revise the Interlocal Agreement. The Agreement has not been presented to City Council or to the Board of County Commissioners. Staff will circulate copies of the Agreement to the Commissioners. Legal counsel has been attempting to resolve several issues relative to the General Aviation Terminal with the architect, however; to date has been unable to do so. He stated that the contract between the architect and the Airport Authority provides that prior to suit, either party who claims a breach of the agreement is required to bring the matter to mediation. Legal counsel requested Authority approval to move forward with this process. Commissioner Pennington so moved. Commissioner Amaro seconded. By consensus, motion passed 5-0. 1GH Authority Meeting Minutes 12 July 1999 Page 9 Commissioner Amato requested staff move forward to repair/replace the General Aviation Terminal first floor doors. Commissioner Soulard requested Commissioner approval to move forward to contact local hotel association representatives for suggestions on distribution of airport information to their guests. By consensus, the Commissioners approved Commissioner Soulard's request. With no further business, meeting adjourned at 4:30 PM Theodore D. Soliday / Recording Secretary CITY OF NAPLES AIRPORT AUTHORITY 2 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 10 August 1999 Consultant Selection Committee Meeting Minutes The meeting was called to order by Chairman Soulard at 9:00 A.M. in the Airport Office Building Conference Room. Present were Commissioner Pennington, Mr. Soliday, Mr. Barnhart and Ms. Tullo. Mr. Soliday stated the purpose ofthe meeting was to conduct interviews with those firms who responded to staWs Request For Proposals to provide engineering consulting services for small projects at the airport. Selection would be based on expertise and experience in areas such as engineering, surveying and environmental permitting. Commissioner Pennington reported for the record that an employee with the firm of Hole, Montes & Associates, Inc., has been a past political supporter and a personal friend, however, he was not involved in this interview process and will not be involved in any work associated with the Naples Airport. Mr. Soliday reported that he had attended a Rotary breakfast meeting today and was seated next to a person who worked for the WilsonMiller firm, however, the person was not involved in this interview process and will not be involved in any work associated with the Naples Airport. The Committee listened to presentations fi-om the following firms: WilsonMiller Hole, Montes & Associates, Inc. Water Resources Engineering, Inc. Following presentations and Committee discussion, the Committee ranked the firms as follows: Hole, Montes & Associates, Inc. WilsonMiller Water Resources Engineering, Inc. The Committee will present their ranking to the Authority at their meeting on 25 August 1999, and request approval to move forward with the firm of Hole, Montes & Associates, Inc. With no further business, the meeting was adjourned at 11:45 A.M. Theodore D. Soliday Recording Secretary ADMINISTRATION (941 ) 643-0733/FAX 643-4084. OPERATIONS 643-0404/FAX 643-1791, E.mad airport@naples net CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 ******MEMORANDUM****** TO: FROM: Honorable Chairman and Commissioners T~eodore D. Soliday Executive Director DATE: 18 August 1999 RE: FINANCIAL REPORTS Our Financial Reports continue to reflect a positive financial position overall at the end of the first ten months of Fiscal Year 1999. An analysis of the Balance Sheet accounts shows that our Current Assets are 6.5 times our Current Liabilities, indicating that we continue to be in a very good position to meet our short-term obligations that are due in one year. The Report of Net Income shows that as ofthe end of July we are 26.9% ahead of our anticipated year-to-date Income from Operations. This is the net result of total operating revenues that are below the budget projections by only 1.7% offset by total operating costs and expenses that are 7.7% below budget. The Variance Report provides detail and explanations of operating revenue and expense accounts with a variance greater than 10%, but more than $1,000, or a variance less than 10% but more than $5,000 from budget. Total Other Income and Expense at the end of the first ten months is below the budgeted amount by 10% due to less than anticipated Interest Income. The resulting year-to-date Net Operating Income is 21% ahead of budget. The Statement of Revenues and Expenses reflects year-to-date net income of $57 ! ,360 at the end of July. The year-to-date figure represents a margin or return on income of 8.7% as compared to the 5% budgeted. Historically, December tErough the March/April reporting periods will show increasing net income, with the remaining months showing the usual decline in the total net income for the Authority. The Statement of Fuel Sales shows that as of the end of July, sales in gallons are above budget while the sales dollars and costs are slightly behind. This reflects a lower than anticipated cost per gallon on fuel that lowers the actual sales price. The net effect is that the margin on Gross Fuel Sales is 43%, ahead of the 39% budgeted, and Net Fuel Revenue is 9.7% ahead of the projected amount. The Funds Invested Report reflects that the Authority continues to be in a financial position to fund approved capital projects and maintain the stipulated capital and operating reserves. ADMINISTRATION (941) 643-0733/FAX 643-4084. OPERATIONS 643-0404.,'FAX 643-179~. E.mail airportOnaple$.net 16H 2 CITY OF NAPLES AIRPORT AUTHORITY FINANCIAL REPORTS PERIOD ENDED 31 JULY 1999 16H 2 TABLE OF CONTENTS FINANCIAL REPORTS Balance Sheet Report of Net Income Vadance Report Y-T-D Statement of Revenues and Expenses Statement of Fuel Sales Schedule of Funds Invested Schedule of Financial Ratios 1-2 3 4-5 6 7 8 9 NAPLES AIRPORT AUTHORITY BALANCE SHEET AS OF 07-31-99 16H 2 ASSETS CI/RRENT ASSETS: Cash Unrestricted Investments Accounts Receivable Due from Government Agencies Inventories Prepaid Expenses Total Current Assets LONG TERM ASSETS Land Land Improvements Buildings Equipment Vehicles Office Furniture & Fixtures Construction in Progress Less Accumulated Depreciation Net Long Term Assets OTHER ASSETS: Intangible Assets - Net TOTAL ASSETS 955 054 2,053 685 260 180 207 593 71 984 47 957 2,973,788 12,879,535 10,439,211 1,640,735 510,733 466,014 665,199 (11,135,192) 832,406 3,596,453 18,440,023 832,406 22,868,882 Page 1 NAPLES AIRPORT AUTHORITY BALANCE SHEET AS OF 07-31-99 16H 2 LIABILITIES & FUND EQUITY CURRENT LIABILITIES: Accounts Payable Accrued Salaries & Benefits Payroll & Other Taxes Payable Current Portion-Adv Rental Cr Total Current Liabilities LONG-TERM DEBT: Advance Rental Credits Total Long-Term Debt FUND EQUITY Contributed Capital Retained Earnings Net Income Exclusive of Depreciation on Assets Acquired from Contributions Total Fund Equity TOTAL LIABILITIES/FUND EQUITY 470,031 64,203 8,469 14,919 152,117 11,846,399 9,205,026 1,107,718 $ 557,621 $ 152,117 $ 22,159,143 $ 22,868,882 Page 2 NAPLES AIRPORT AUTHORITY REPORT OF NET INCOME FOR THE PERI00 ENDING 07-31-99 16H 2 Current Current Current Variance Variance Month Month Month Percent YTD YTD YTD Percent FY 1998 Budget FY 1999 Budget FY 1998 Budget FY 1999 Budget REVENUES: Gross Fuel Sates S 158,665 S 217,937 $ 199,781 (B.3)% $ 3,931,~8 $ 4,776,709 $ 4,703,515 (1.5) Concession Fees 37,006 49,152 39,035 (20.6) 506,423 556,920 505,7'58 (9.2) Hangar/T-Shetter/TJedca~s 45,7~8 48,525 51,540 6.2 483,726 497,500 503,468 1.2 Building & Land Rent 45,036 52,529 48,953 (6.8) 489,538 522,900 530,313 1.4 Commrc{at Air Trarmportatton 10,950 12,396 12,238 (1.3) 111,927 123,309 120,183 (2.5) Line Sevices (2,194) 3,67~ 2,66& (27.3) 67,236 70,767 76,~3 8.3 Other 80 500 569 13.9 1G,120 5,000 1,740 (65.2) Total Revenues ..... ~;5,281 38~,709 354,71~ (7.8) 5,604,708 6,553,105 6,441,620 (1.7) OPERATING COSTS & EXPENSES: Cost of Fuel 103,657 144,16~ 119,37~ (17.2) 2,208,346 2,914,678 2,661,427 (8.7) Operating Expenses 253,388 246,072 229,893 (6.6) 2,2~4,895 2,506,6~0 2,344,144 (6.5) Total Operating Cost/Expenses INCOME FROId OPERATIONS 357,045 390,236 349,265 C10.5) 4,453,241 5,421,318 5,005,572 (7.7) (61,76~) (5,527) 5,519 199.9 1,151,468 1,131,787 i,436,048 26.9 OTHER [NCC~E (EXPENSE): Passenger Facility Charges 11,355 12,500 9,708 (22.3) 119,27'3 125,000 121,970 Lnterest Income 14,009 12,500 12,499 (0.0) 134,940 125,000 106,619 %nterest Expense 0 0 0 ** (9,30~) 0 0 Rental Credit ¢3,637) ¢3,550) (3,%7) 0.1 (36,~7) (35,900) (35,8S6) 0.1 Bond Iss~ Cost 0 0 0 ** (28,222) 0 0 Gain(Loss)-Sate of Fixed Asse 0 0 0 ** (0) 0 0 Total Other Income(Expense) 21,726 21,450 18,660 (13.0) 179,950 214,100 192,~4 (10.0) NET OPERATING INCOME S (40,038) S 15,92~ S 24,179 51.8 ~ S 1,331,418 S 1,345,B~? S 1,628,782 21.0 DEPRECZATION EXPENSE: On Assets from Operations 43,956 49,000 56,206 On As~ets from ContrJtxJtions 45,~98 54,000 61,957 14.7 437,061 477,000 521,064 9.2 1~.7 ~57,228 517,000 536,359 3.7 Total Depreciation Expense 89,45& 103,000 118,163 14.7 894,289 994,000 1,057,423 6.4 NET INCOME S(129,492) S (87,077) $ (93,984) (7.9)~ $ 437,129 S 351,&87 S 571,360 62.4 Page 3 o o m z z m z 3> Z r- Z o z c~ z '3'1 rn rn A z I11 ,-<> o A Page 4 Page 5 NAPLES AIRPORT AUTHORITY - STATEMENT OF REVENUES & EXPENSES YEAR-TO-DATE AS OF 07-31-99 16H 2 REVENUES: Gross Fuel Sales Concession Fees Hangar/T-Shelter/Tiedowns Building & Land Rent Commercial Air Transportation Line Services Other Cost of Fuel OPERATING EXPENSES: Personnel Costs Professional Fees Marketing/Public Relations Insurance Utilities/Environmental Office/Postage/Printing Tower & ARFF Operations Dues/Subscriptions/Fees Auto/Diesel Fuel Usage Pilot Services Maintenance & Repairs INCOME FROM OPERATIONS OTHER INCOME (EXPENSE): Psgr Facility Charges Interest Income Rental Credit Exp Total Other Income(Expense) INCOME BEFORE DEPRECIATION DEPR-ASSETS ACQUIRED FROM OPS Depreciation-Operations NET INC BEFORE DEPR-CONT ASSET DEPR-CONTRIBUTED ASSETS Depreciation-Contributions NET INCOME 4,703,515 5O5,758 503,468 530,313 120,183 76,643 1,740 2,661,427 1,471,604 171,533 31,346 131,689 169,788 23,557 179,913 14,711 9,525 11,986 128,493 121,970 106,619 (35,856) 521,064 536,359 6,441,620 2,344,144 1,436,048 192,734 1,628,782 521,064 1,107,718 $ 536,359 $ 571,360 Page 6 FUEL SALES REVENUE: CrT'Y OF NAPLES AIRPORT AUTHORITY STATEMENT OF FUEL SALES PERIO0 ENDED 31 JULY 1999 CURRENTMONTH BUDGET FY 1999 C, elkh-m$ C, aPo~s $ JetA F~lf S4~ 25.000 49.7~ 28.3~ 57.315 ~ F~ 4,8~ 6.~ 6,~ ~ ~ ~,~ M.2~ ~.7~ ~,211 F~ F~ ~.~ 6.7~ 51 ,~ 7,769 T~ ~ A 2~.~ 157,~ 1~,~1 124.~9 I(X)I.L Ful S~"~ 9,879 19,64.8 13,63~ 27.615 Al'fine Fuel 4.545 7.861 4,650 8,291 Self Fuels' 6.5~2 t 1,979 14,736 25,779 Bulk Pun:hate~ 11.619 15,918 6.720 8.6,40 I~of~ar~ Fees 11,619 4,531 6,720 3,025 Flowage Fees 8.3,69 1,255 To~I 1 (X)LL 44,044 59,757 55,033 74,905 300 227 19g,781 16H 2 Total Fuel BUkB~ Revenue: 217,937 YEAR TO DATE BUDGET FY 1999 C..aflo~s $ Gallons $ 1,117,000 2,233,750 1,211,486 2,15~.235 86.300 119.205 116.662 13~.856 1,035,000 %086,750 1.164,904 ~59.967 1,035,000 423,600 1.1 ~4.904 470.5~8 470,000 70,500 579,333 86,434 3,745,300 3,633,605 4.237,301 3,8 I0.100 166.65~ 338,315 206,691 393,999 6,4,436 108,898 57,913 9(),5.40 105.3~7 191.806 151,935 247.886 112,B32 154,579 95.753 115,10~ 12.832 44,004 95,753 38,M7 8,345 1.252 24,772 3,718 570.490 83~,85,4 632,817 889.948 4,050 3,467 4,776,709 4,703,615 COST (:~ SALES Jet A Ful ~ 25,000 24,750 28,334 24,740 ~ Fue~ 4.800 4,752 6,3~ 5,55~ Bulk Purctmses 65,000 64.350 38.748 33,632 Into~ane Fees 65,000 3~,748 Flow~gs Feel 45,000 61,795 Total Jet A Cost 204,800 93,852 163.~1 64,130 100U. ;ul S~ 9,679 12.7'76 13,$3~ 16.654 ~ Fuel 4.545 5,9'99 4,850 5.922 Self Fue~ 6,582 8,868 14,73~ 17,994 Bulk~ tl,619 15,337 6,720 8.20~ ~ Fees 11,619 6,720 Flowage Fees 8,369 Total 100LL Cost 44,044 42,800 55,033 4~,776 AvmtJo~ OH 162 29 Fuel Truck Rental 3,350 3,550 Cmdl Ca~ Fees 4,0<30 2,887 1,117,000 1 .I 05,830 1,211,486 947,263 88,300 87,417 116,662 91,615 1,035,000 1,024,650 1,164.904 915,216 I, 035. 000 I, ! 64,904 470,000 579,333 3,745,300 2,217,897 4,237.301 1,954,094 166,65~ 219,989 206,691 239.386 64,436 85,054 57,913 67,057 105,3~ 7 139.111 151.935 176 112.832 14~,940 95,753 110,300 112,832 98,753 6.345 24.772 570,490 593,094 632.817 593.413 2,187 1,812 33,500 38.900 6a.000 73,209 To4~I Co~t of ~alea 144,164 118,372 2,914,678 2,861,428 TOTAL NET FUEL REVENUE 73,73 1,lf62,031 2,042,868 Page 7 16H 2 CITY OF NAPLES AIRPORT AUTHORITY SCHEDULE OF FUNDS INVESTED PERIOD ENDED 31 JULY 1999 TOTALAVAILABLEFUNDS 3,009,000 LESS ALLOCATED FUNDS: NAA Share of Approved Capital Projects (575,400) UNRESTRICTED FUNDS BALANCE AFTER ALLOCATIONS: $ 2,433,600 LESS CAPITAL BUDGET RESERVES (950,000) LESS OPERATING BUDGET RESERVES (300,000) UNRESTRICTED FUNDS BALANCE AFTER RESERVES: $ 1,183,600 Page 8 1611 2 CITY OF NAPLES AIRPORT AUTHORITY SCHEDULE OF FINANCIAL RATIOS FOR THE PERIOD ENDED 31 JULY 1999 LIQUIDITY Current Ratio: Current Assets Current Liabilities $3,596,453 $557,621 6.45 times every 30 days Quick Ratio: Current Assets Current Liabilities $3,524,469 S557,621 6.32 times every 30 days COVERAGE Debt to Asset: Debt to Equity: Debt Total Assets Debt Total Equity $709,738 $22,868,882 $709,738 $22,159,143 3.10% 3.20% PROFITABILITY Profit Margin (July) Profit Margin ' (Year to Date) Operating Margin (July) Operating Margin (Year to Date) Net Income Gross Revenue Net Income Gross Revenue Income from Operations Operating Revenue Income from Operations Operating Revenue (S93,984) $367,283 $571,360 $6,548,239 $5,519 $354,784 SI,436,048 $6,441,620 (25.59)*/0 8.73% i.56% 22.29% Page 9 CITY OF NAPLES AIRPORT AUTHORITY 16H 2 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 ********************* TO: FROM: Honorable Chairman and Commissioners Theodore D, Soliday Executive Director DATE: 18 August 1999 CONSENT AGENDA ITEM 1 JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FDOT AND RESOLUTION 99-8 TO DESIGN AND CONSTRUCT THE SOUTH QUADRANT ACCESS ROAD AND WILKISON AND ASSOCIATES CONTRACT ACTION REQUESTED: Authority approval of the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) and Resolution 99-8, to design and construct the South Quadrant Access Road and approve the associated contract with Wilkison & Associates. BACKGROUND: As you may recall, a Request For Qualifications tbr the construction ofb, Rental Car Wash Facility included the Access Road as part of the project. Wilkison & Associates was originally selected to complete this project .and subsequently, prepared a contract that included field survey data and design and permitting plans for the construction of the road. Since the road is critical for tenant development in the South Quadrant of the airport, staff decided to separate the projects, so that construction of the Access Road could move forward in a more timely manner. The Access Road will extend approximately 1500' from the existing Emergency Medical Services (EMS) entry road to the Air Traffic Control Tower parking lot and will provide Access to the South Quadrant for all tenants, including Tower personnel. FINANCIAL IMPACT: The total cost of the project is $170,000. The FDOT will fund 50% of the project, $85,000 and the Authority will fund the remaining 50%. ADMINISTRATION (941) 643-0733/FAX 643-4084. OPERATIONS 643-0404/FAX 643-1791. F-mail airpod~naples.net ..... u~ ~ i II I III I ill I IIII II III II I I CITY OF NAPLES AIRPORT At,ITHORITY 16H 2 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 ******MEMORANDUM****** TO: FROM: Honorable Chairman and Commissioners Theodore D. Soliday Executive Director DATE: 18 August 1999 CONSENT AGENDA ITEM 2 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FDOT AND RESOLUTION 99-9 FOR THE NORTH ROAD PROJECT ACTION REQUESTED: Authority approval of the Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) and Resolution 99-9. BACKGROUND: As you may recall, the Authority received a JPA in 1998 from the FDOT for the North Road Project in the amount of $1.0 million. Several months ago, the FDOT revised the JPA total project costs from $1.0 million to $1.9 million. Since that time, the estimated cost of the project has been revised based on actual bids received, therefore, staff requested a Supplemental JPA in the amount of $37,908.62. The FDOT has agreed to fund this project up to 5% or $90,000. The total project costs include $299,090.00 for the first phase of the design, $305,074 for the final design phase and $1,154,009.23 for the construction. Staff received a Facsimile copy of the Supplemental JPA so that we could include this item in the packet for the August meeting. Originals will follow in the mail and the Chairman will execute them upon receipt. FINANCIAL IMPACT: Fund participation will be as follows: FAA $1,582,356.00 FDOT $ 90,000.00 NAA $ 90,000.00 ADMINISTRATION (941) 643-0733/FAX 643-4084. OPERATIONS 643.0404/FAX 6,.13.1791. E-mail a~rport~naples.ne! CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DRIVE NORTH NAPLES. FLORIDA 34104 ******MEMORANDUM****** TO: Honorable Chairman and Commissioners FROM: Theodore D. Soliday Executive Director DATE: RE: 18 August 1999 CONSENT AGENDA ITEM 3 CONSULTANT SELECTION COMMITTEE RANKING OF ENGINEERING FIRMS FOR SMALL PROJECTS AND HOLE~ MONTES & AssocIATES, INC. CONTRACT ACFION REQUESTED: Authority approval of the Consultant Selection Committee's ranking of engineering firms for small projects at the airport and approval of a base contract with the firm of Hole, Montes & Associates, Inc. BACKGROUND: The selection process was initiated with a request for Statements of Qualifications, which was sent to firms and publicly advertised. Staff received Statements of Qualifications from three firms. The Consultant Selection Committee interviewed the firms on 10 August 1999 and ranked Hole, Montes & Associates, Inc. as the preferred firm to perform engineering services as required for small projects at the airport. W'dsonlV~er was ranked second. Staff, legal counsel and Hole, Montes & Associates, Inc. negotiated and executed the attached contract document. FINANCIAL IMPACT: None at this time. A Scope of Services outlining tasks, associated personnel, hours and other costs will be established on a project by project basis and be submitted to the Authority for review and approval in the form of a Work Order for individual projects. ADMINISTRATION (941) 643-0733/FAX 643-a0~. OPERATIONS 643-0404/t:AX 643-1791, E-mad airport~naples.nel CITY OF NAPLES AIRPORT AI_ITHORITY 161-1 2 160 AVIATION DRIVE NORTH NAPLES. FLORIDA 34104 TO: FROM: Honorable Chairman and Commissioners Theodore D. Soliday Executive Director DATE: 18 August 1999 CONSENT AGENDA ITEM 4 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND RESOLUTION 99-10 FOR THE DEVELOPMENT OF A F.A.IL PART 161 STUDY ACTION REQUESTED: Authority approval of the Supplemental IPA with the FDOT and Kesolution 99-10, for the Development ofa F.A.K. Part 161 Noise Study. BACKGROUND: After reviewing Phase 1 of the Scope of Services developed by HMMH for the Update to the Airport's Part 150 Study, the FDOT declined to participate. The FDOT has amended our YPA related to this project with a Supplemental YPA. The Supplemental JPA excludes all references to Phase 1 of the Project (Update of the Part 150 Study) and has agreed to participate in Phase 2 of the Project and provide up to 50% project funding, or $75,000 for the Part 161 Study. FINANCIAL IMPACT: Staff anticipates Phase 2 of this project to cost approximately $150,000, and has budgeted this amount for fiscal year 2000. Staff anticipates that we will seek additional funding from the state and federal government as we move closer to the development of the Scope of Services for this Phase if needed. ADMINISTRATION (941 ) 643-0733/FAX 643-4084. OPERATIONS 643-0404/FAX 643-~ 791. E-mail a,pottOnaples.nel CITY OF NAPLES AIRPORT AUTHORITY 16H 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 ******MEMORANDUM****** TO: Honorable Chairman and Commissioners FROM: DATE: RE: Theodore D. Soliday Executive Director 18 August 1999 CONSENT AGENDA ITEM $ COMMERCIAL TERMINAL PAINTING PROJECT ACTION REQUESTED: Authority to approve the contract with Enviro HPW, Inc., our small projects painting contractor, in the amount of $11,616.26, to paint the outside of the Commercial Airline Terminal. BACI~. GROUND: The Commercial Airline Terminal, which was built in 1981, was last painted in 1994. The stucco finish of the building and the wood canopy are in critical need of a fresh coat of paint to improve the appearance of the facility. Following our standard bidding process for a small projects painting contractor, Enviro I-IPW, Inc. was selected. The term of their contract is for one (1) year. ~AN~IAL !MPA~'T: The Commercial Airline Terminal Painting Project was budgeted at $20,000 in the 1999 Fiscal Year Budget. ADMINISTRATION (941 } 643-0733/FAX 6.43408~. OPERATIONS 643-0404/FAX 643-1791. E-mail airl::x3rlOnaples.nel INSTALLATION/SERVICE AGREEMENT THE CITY OF NAPLES AIRPORT AUTHORITY, NAPLES, FLORIDA, ("Authority") hereby contracts with Enviro HPW Inc. a Florida Corporation, located at 6017 Pine Ridge Road #I 15, Naples, Florida 34119-3956 ("Contractor"), to perform all work ("Work') in connection with the Commercial Airline Terminal Exterior Painting Project ("Project"), as said work is set forth in the Contractor's Proposal, attached. The Authority and the Contractor agree as follows: Section 1. Contract Documents The Contract Documents consist of this Agreement and a copy of Contractor's original proposal, attached hereto. The foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by the Contractor at the Project site at all times during the performance of the work. Section 2. Scope of Work A. Contractor agrees to provide labor and expertise to coordinate the pressure cleaning the exterior stucco walls and ceilings, site preparation work, prime and paint exterior stucco walls and woodwork, and clean up after completion of project to be located at Commercial Airline Terminal located at 500 Terminal Drive at the Naples Municipal Airport. B. The following shall be provided by the Contractor: · All labor, equipment and supplies necessary for completion of above project. · All necessary permits Section 3. Contract Amount In consideration of the faithful performance by the Contractor of the covenants in this Agreement to the full satisfaction and acceptance of the Authority, the Authority agrees to pay, or cause to be paid to the Contractor, on a time and material basis, an amount not-to-exceed $11,616.26 (Eleven thousand six hundred sixteen dollars and twenty-six cents) in accordance with the terms of this Agreement. ENV]R,O HIaW INC. Commercial Aidinc Terminal Painting I 16H P_ Section 4. Terms of Payment Invoice will be issued upon completion and acceptance of the work. Payment will be net 30 days from date of invoice. S~cfion 5. Insurance and Indemnification The Contractor shall provide insurance as follows: · Comprehen,ive General Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury, liability and property damage liability. This shall include premises and operation, in-dent contractors, products and completed operations and contractual liability. · Workers Compensation: Insurance covering all employees meeting statutory limits in compliance with the applicable State and Federal laws. The coverage must include employees' liability with the minimum limit of $100,000 for each accident. If exempt, a "Certificate of Excmption from Florida Workers' Compensation Law" must be submitted in lieu of insurance coverage. · Special Requirements: The Authority shall be included as an additional insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirement herein identified shall be maintained by the User during the duration of this Agreement. Renewal Certificates shall be sent to the Authority thirty (30) days prior to the expiration date. There shall be a thirty (30) day notification to the Authority in the event of cancellation or modification of any stipulated insurance coverage. · Indemnification: The Contractor shall hold harmless and defend the Authority and its agents and employees from any and all claims, damages, liability, loss, verdicts, judgments, suits and actions, including attorneys' fees and all costs of litigation of any name and description arising out of or incidental to the Contractors acts or omissions during the term of this Agreement. The Scope of this Provision shall be broadly construed and includes all economic losses, including consequential and indirect damages. This Provision shall also pertain to any claims brought against the Authority by any employee of the Contractor, Sub-Contractor, any assignee or anyone directly or indirectly employed by any of them. The Contractor's obligation under this Provision shall not be limited in any way by the Contractor's limit of, or lack of, sufficient insurance protection. · Business License: The Contractor shall provide to the Authority a copy of its business license showing right to do business in the state of Florida and Collier County prior to beginning of this contract. Contractor shall also provide a copy of its City of Naples business license, when applicable. · Federal Taxpayer Identification Number and Certification: The Contractor shall provide to the Authority a signed W-9 agreement as required by the Department of Treasury, Internal Revenue Service. Section 6. Default and Termination If the Contractor fails to comply with any of the terms and conditions thereof and such default is not immediately cured after oral or written notice is given to the Contractor, the Authority may terminate this Agreement. This Agreement shall be effective for the duration of the Project, to the Authority's satisfaction, from the date of execution through the completion as set forth in Section 2, Scope of Work. EIq~RO !IPW ~C Commercial Airline Terminal Painting 2 16H 2 Section 7. Contract Time and. Commissioning Date The "Commission Date" shall be 26 August 1999. The target project milestones ar._~e as follows: Start Installation (Contractor) Complete Installation (Contractor) Section 8. Notices ! ! All notices required or made pursuant to this Agreement by the Contractor to the Authority shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Mr. Theodore D. Soilday, Executive Director City of Naples Airport Authority 160 Aviation Drive North Naples, FL 34104 (941) 643-0733 All notices required or made pursuant to this Agreement by the Authority to thc Contractor shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Mr. Neil Franklin, President Enviro HPW Inc. 6017 Pine Ridge Road #115 Naples FL 34119-3956 (941) 352-7172 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 9. Modification No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section I0. Governing ,,Law The Agreement shall be interpreted under and its performance governed by the law; of the State of Florida. Section 11. No Waiver The failure of the Authority to enforce at any time or for any period of tie any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. ENVIRO HPW INC Commer~ial Airline Terminal Painting 3 16H 2 Section 12. Entire Agreement, Each of the parties hereto agrees and represents that the Agreement comprises the full and entire Agreement between the parties affecting the work contemplated and no other Agreement or understanding of any nature concerning the same has been entered into or will be recognized and that all negotiations, acts, work performed or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Enviro HPW Inc. and the Naples Airport Authority agree to the provisions of this Agreement as indicated by the signatures of their duly authorized officers. CITY OF NAPLES AIRPORT AUTHORITY ENVIRO HPW INC. Date Signed Approved as to form and legal efficiency: NAA Legal Counsel Date Signed ENVIRO H?W INC Conune~ial Airline Tcrmina~ Painting ENVIR for a cleaner environment 16H 2 6017 Pinl Ridge ~ PMB 115 Florida 34119..3956 August 17, lggg Deer We inland to mart ~ paperjet terminal onc~ hangars SE a~l SF am completed. The interx~d I~i~h date for Ihe hangam i~ Sepetember 9 hence thia ~houid be the mta~t date ~ ~ pa=~ier terminal. The termi~tat ~ould b~ comp!,,~ed by Sef~ember 30 but all aletee are lub~ct to ~ Neil Frer~in Envim HPW Inc for ~1 your pressure deening, painting and general cleaning needs CITY OF NAPLES AIRPORT AI_~THORITY 16H 2 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 * *'"***MEMOI~uNDUM* ** ** * TO: Honorable Chairman and Commissioners FROM: DATE: RE: Theodore D. Soliday Executive Director 18 August 1999 CONSENT AGENDA ITEM 6 HANGAR PAINTING PROJECT ACTION REQUESTED: Authority to approve the base contract with Enviro HPW, Inc., our small projects painting contractor, in the amount of $14, 932.64 to paint two American Hangars at the Naples Municipal Airport. BACKGROUND: There are two American Hangars located on the south ramp on the east side of the Executive Hangar that were constructed in 1977 and last painted ten years ago. The project will include washing, caulking and preparation work, spraying a primer coat and applying a finish coat. Staff will notify the hangar tenants prior to the August 30"' st. art date. The project is scheduled to be completed by September l0b. Following our standard bidding process for a small projects painting contractor, Enviro H~W, Inc. was selected. The term of their contract is for one (1) year, on a time and materials basis, FINANCIAL IMPACT: The total cost of the project is $14,932.64 and was budgeted at $15,000 in the 1999 Fiscal Year Budget. ADMINISTRATION (941) 643-0733/FAX 643-4084. OPERATIONS 643*0404./FAX 643.1791. E-mail airportOnaples.net ] 6H 2 INSTALLATION/SERVICE AGREEMENT THE CITY OF NAPLES AIRPORT AUTHORITY, NAPLES, FLORIDA, ("Authority") hereby contracts with Enviro Hot Pressure Washing, Inc. (Enviro HPW, Inc.), a Florida Corporation, located at 6017 Pine Ridge Road, Suite 115, Naples, Florida 34119 ("Contractor"), to perform all work ("Work") in connection with the Small Projects Painting Contractor ("Project"), as said work is set forth in the Request for Proposal for Small Painting Projects Contractor, attached. The Authority and the Contractor agree as follows: Section 1. Contract Documents The Contract Documents consist of this Agreement, a copy o£ the original Request for Proposal specifications, and a copy of Contractor's original proposal, attached hereto. The foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by the Contractor at the Project site at all times during the performance of the work. .S.e. ction 2, Scope of Work Ao Contractor agrees to provide labor, material, and expertise to coordinate small painting projects, located at various sites to be determined, at the Naples Municipal Airport. Contractor will be responsible for providing "not to exceed" estimates to the Authority for labor, equipment and parts for on-call repairs and new installations of an painting nature as specified in the Request for Proposal. The following shall be provided by the Contractor: · All labor, equipment and supplies necessary for completion of above project. · All necessary permits. · As-built drawings when required for any project. Section 3. Contract Amount In consideration of the faithful performance by the Contractor of the covenants in this Agreement' to the full satisfaction and acceptance of the Authority, the Authority agrees to pay, or cause to be paid to the Contractor, on a time and material basis, an amount to Envim Hot Pressut~ Washing, Inc. Small Projects Painting Contractor 16H be determined for each project at the rates shown in the Contractor's original proposal, (see page 10 of Contractor's Proposal, attached), and as described in the "not to exceed" work estimates to be provided by the Contractor for each small project, in accordance with the terms of this Agreement. Section 4. Terms .of Payment Invoices will be issued monthly using a percent of completion basis or upon completion of project basis. Payment will be Net 30 days from the date of invoice. Section 5. lnsur,an,ce and Ind. e, mnification The Contractor shall provide to the Authority, prior to the commencement of the work, the following: · Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury and property damage liability. This shall include premises and operation, independent contractors, products and completed operations and contractual liability. · Workers Compensation: Insurance covering all employees meeting statutory limits in compliance with the applicable State and Federal laws. The coverage must include employees' liability with the minimum limit of $100,000 for each accident. If exempt, a "Certificate of Exemption from Florida Workers' Compensation Law" must be submitted in lieu of insurance coverage. · Special Requirements: The Authority shall be included as an additional insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirment herein identified shall be maintained by the Contractor during the duration of this Agreement. Renewal Certificates shall be sent to the Authority thirty (30) days prior to the expiration date. There shall be a thirty (30) day notification to the Authority in the event of cancellation or modification of any stipulated insurance coverage. · Indemnification: The Contractor shall hold harmless and defend the Authority and its agents and employees from any and all claims, damages, liability, loss, verdicts, judgments, suits and actions, including attorneys' fees and all costs of litigation of any name and description arising out of or incidental to the Contractor's acts or omissions during the term of this Agreement. The Scope of this Provision shall be broadly construed and includes all economic losses, including consequential and indirect damages. This Provision shall also pertain to any claims brought against the Authority by any employee of the Contractor, Sub- Contractor, any assignee or anyone directly or indirectly employed by any of them. The Contractor's obligation under this Provision shall not be limited in any way by the Contractor's limit of, or lack of, sufficient insurance protection. · Business License: The Contractor shall provide to the Authority a copy of its business license showing fight to do business in the state of Florida and Collier Enviro Hot P~ssun: Washing, Inc. Sma]l Projccu P~inting Contractor 2 16H 2 County prior to the commencement of this contract. Contractor shall also provide a copy of its City of Naples business license, when applicable. Federal Taxpayer Identification Number and Certification: The Contractor shall provide to the Authority a signed W-9 agreement as required by the Department of Treasury, Internal Revenue Service. Section 6. Default and Termination If the Contractor fails to comply with any of the terms and conditions thereof and such default is not immediately cured after oral or written notice is given to the Contractor, the Authority may terminate this Agreement. Section 7. Contract Time and Commissioning Date The "Commission Date" shall be 17 May 1999. This Agreement shall be effective, to the Authority's satisfaction, for the period of one year from the Commission Date. Contract is renewable for two additional one year contracts periods upon agreement by both parties at the rates specified in the Contractor's original proposal dated 30 March 1999 or as amended by mutual consent of both parties. Section 8. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Authority shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Mr. Theodore D. Soliday, Executive Director City of Naples Airport Authority 160 Aviation Drive North Naples, FL 34104 (94 I) 643-0733 B. All notices required or made pursuant to this Agreement by the Authority to the Contractor shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Enviro Hot Pressure Washing, Inc. 6017 Pine Ridge Rd # 115 Naples, FL 34119 Phone: (941) 352-7172 FAX: (941) 352-7172 Enviro Hot Pressure Washing. inc. 3 Small Pmjccts Painting Contractor 16H C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 9. Modification No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Governing Law The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver The failure of the Authority to enfome at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section, 12. Entire Agreement Each of the parties hereto agrees and represents that the Agreement comprises the full and entire Agreement between the parties affecting the work contemplated and no other Agreement or understanding of any nature concerning the same has been entered into or will be recognized and that all negotiations, acts, work performed or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Enviro Hot Pressure Washing, Inc. and the Naples Airport Authority agree to the provisions of this Agreement as indicated by the signatures of their duly authorized officers. CITY OF NAPLES AIRPORT AUTHORITY Date Signed ENVIRO HOT PRESSURE WASHING, INC. Date Signed~ -- 2 Enviro Hot Pressure Washing, Inc. Small Projccu Painting Contractor LIST OF ATTACHMENTS For Small Painting Frojects Contractor 16H 1. Copy of Request for Proposal for Small Painting Projects Contractor. 2. Copy of Contractor's Contract Proposal. 3. Copy of Collier County Occupational License 4. Copy of Certificate of Insurance for Workers Compensation coverage 5. Copy of Certifmate of Insurance for Genera/Liability and Automobile coverage Enviro Ho! Pr~ssurc Washing. Inc. Sm,,q Projects Painting Contractor 05/B4/lgg9 1B:33 352-7172 ENVIRO HF~4 INC ?~ut oz STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECL~ITY DI¥1SIOI~I O~ WORKERS' CC)MP!~ATION CONS'TRUCTION INDUSTRY CERTIFICATE OF EXEMPTION FROM FLOIlIII~A WOFtKE~S' COMPENSATION LAW Thi~ oarrifles th.t the 1994 Individual listed bllow his elected to be exempt from Florida Workers° 08/25/94 FRAN~LI:N NEI[, S.S. 589-37-5876 BN'VTRO HOP'J' PRZSSU'RE WASHING T!,/C FEIN 6005040].5 C(~T~d~etion Law. !~I=ECTIVE DATE 0F EXEMPTION EXEMPTED INDIVIDUAL NAME 2 BIJ~I~SS ADI:g~ 7231 RADIO RD ~103 NAPMSS, FL 33942 NOTE: ~ tO Ch~tm' 440.10~1).(g),2 F.S.. · sole proprietor, pm'~rmr, or -n officer of I ~o~poret~o~ ~ el~ exemption from ttm Florlds Work~rs' Compen-sfion Lm~ may no! teaover ben~ltl or 0ompem~lon under Cha~t~ 440. AUTHORIZED SIGNATUffiE ~__ 580-37-5871 ~T~ ~. - 60DS04015 7231 ~ ~ g103 ~S, ~ 33~2 CUT H E R E HERE · C~ bottom portion on I~ Job. kelp Lipper portion for your reaord~. 05/04/1999 18:33 352-7172 Eh~/IRO ~ I~K~ PACat~ 83 16H Naples. FL 941 262-5143 CERTIFICATE OF LIABILITY INSU ~oouc~'"*~'-"~*~ ' - - Poe & Brow~%, I~c. - Na~~le~ THIS ~TI.~ IS ,~ . . ~R OF INF~Ti~ 2150 ~odle~ce Road Suite 503 . 34102 ~ ~T ~E~, ~ ~ Enviro Hot Pressure Washing 6017 Pine Ridge Road #115 Naples. FL 34119 COV~RA~S Inc A.~UTOMO SlL~ MABILrrY i ANT AUTO X~, ALL OWNED AUTOG _...JSCHEDULED AUTOS HIRED AUTOS NON- OWNED AUTO$ X_~_rive Other Car o· UABIIJTY OCCUR [~ CLAJMS MAD! DEDucTIBLE WCXe~ERG OOMPEN~ATIoN AND O~ DE~CRIF11ON O~ OI~RATION~ LOCATION~/VEHICLE~/E~X~LU~ON~ ADDEO PAINTING / PRESSURE CLEANING INSURERS AFFORDING COVERAGE ,NsuRE.~Amerlcan States Insurance Co I INSURER B: · L INSURER C: ~ IN~/RER E: SUBJECT TO ALL ~ ~' EXCLUSlOe~AN0 CONDrTIONa OF SUCH ~ 1 IMrr~ 02/09/98 02/09/99 :~C"OCCURaENCE ,1, ooo, *50,000 *5. 000 ,1,000,000 ,1,000_ 0~00 COUBINEO S,NGLE LIMIT ~, ,:::~m,) '500,000 ~ BODILY INJURy I ~OOlLt INJURY AUTO ONLY. EA ACCIDENT ~ OTHER THAN EA ACC $ AUTO ONLT: ~cH OCCURnE~~ AGGREGATE --.L_ BY ENDORSEMENT/~ECIAL PROVI~oNS 15 :CIDENT ' E.L.DH ; E.L. OISEA~E.POLiCY LIMI~, NAPLES AIRPORT AUTHORITY 160 AVIATION DRIVE N NAPLES, FL 34109 ACORO2s'scrm7)l of 2 #8230 T N DATE ~,~ I~IN~ IN~ WILL ENDEA~R TO ~ ~ ~ ~ A~I~ D R~E~A~ ~ ~ / ~ · a~D ~R~RATION ENVIR for a cleaner environment 16H 2 8017 Pkle R,~ge Road #115 ~ 34119-3956 July 30, 11~99 Unfo,lurmlely I have not had time to make a a:xnputm' temp~ fo~ the painting ~:~:Sficationa but it will be completed in time for our next pmjecL Below am the relevant ,~ecir~catione for the current warranty. Wehlveincludedlt~eco~tc~al~toreachlhehighereaa. AllworkmwillhaYec~ mini met PER HANGAR i~ $74~8.32 (Seven Thouareal Fa,.~ Hundred Sixty Six Do~ Thirty T~ track record with Ihe ~ Hanger ~how~, ~e wil~ not ~pray unle~ ~ conditior~ am 100% Your~ fmt~h/ Neil Franklin Pre~dent Envim HPW Inc for all your pressure cleaning, painting and general cleaning needs ,.¢ONTtLACT PROPOS_A L FROM: _ DUE: 1 April 1999 at 4:00 P.,m_~. Mr. Peter Beach, Facilities Manager Naples Airport Authority 160 Aviation Drive North Naples FL 34104-3568 RE: "Small Projects Painting Contractor" Dear M.r. Beach: The undersigned, as bidder, hereby declares that he?she has examined the specifications and inforn~cd himself fully in regard to all conditions pertaining to the work to be done for providing labor, equipment mid parts for on-call repairs and new i~tallation as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with an) other person, company or complies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. Any discotrots or terms must be shown on the Proposal Form. Such discotrots, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for le~ than 15 days payment be offered. P, ayment Terms: 7~./0 _~y$;'Net 30 Days Addenda received (if applicable): #I~2 ._/ If this proposal is accepted, the Bidder proposes and agrees to contract with the Authority to furnish work in full, in complete accordance with the attached specifications, according to the follo~adng unit prices: 16H 2 PROPOSAL CONTINUED DESCRIPTION 1. Material (cost plus %) $04100 2. Material (cost plus %) $101-$$00 3. Material (cost plus %) $$01-$1,000 4. Material (cost plus %) $I,00I-$5,000 $. Material (cost plus %) $5,001 and up 6. Journeyman Painters (straight time) 7. Journeyman Painters (overtime) 8. Apprentice Painters (s~'aight time) 9. Apprentice Painters (overdine) 10. Painter Helpers (straight time) 11. Painter Helpers (overtime) 12. General Laborers (straight time) 13. General Laborers (overtime) Busines.qOccupatiomtl Licenses attached? Insurance Coverages as specified attached? O O/o pl,qT'c~i~5. (~ % $ ,.~ per hour $._~ per ho~ s ::~ ~ ~o= {]~/yes [] no (~ ,'cs dnos~ The service to be flu'rUshed by us is hereby declared azd guaranteed to be in conformance with the specifications of the AuthoritT. 16H 2 PROPOSAL CONTINUED The ~mdetsigned do agree that should this Proposal be accepted, to execute the form of con,'act and present the same to the Authofi~' Finance Director for approval wilkin fifteen (15) days after ~L'~g nofifi~ of the award~g of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract fifteen (15) days, ~,511 result in damages to the Authority. IN WITNESS W~REOF, g~ have hereunto subscribed our names on this '.~ day of ~ .. 1999 in the County of Collier, in ~e State of Florida. Firm's Complete Legal Name Check one of the following: Phone No. FAX No. Sole Proprietorship Corporation or P.A. Limited Partnerskip General Parmership 7/71_ Addres~ FL City., State, ZIP Typed and \Vritten Signature Title NOTE: If you choose to bid, please submit an ORIGLNAL and ONE COPY of your proposal pages Stl~dI Proj¢ct~ Palaria{ Cont.-~¢t~' ! 1 K~v: 03'19/99 161-1 CITY OF NAPLES AIRPORT AUTHORITY SMALL PA!NTIN(~ PROJECT$ CONTRACTOR INTRODUCTION The Naples Airport Authority (Authority) wishes to receive proposals for a Small Projects Painting Contractor. The projects will be located at various locations on the Naples Municipal Airport. The main point of contact will be 160 Aviation Drive North, Naples, Florida. SPECIFICATIONS These specifications are intended to provide the information by which prospective bidders may understand the requirements of Naples Airport Authority (Authority) relative to providing labor, material and equipment to perform small painting projects at the Naples Municipal Airport. The bid will be awarded to one Contractor based upon price, availability and qualifications. The Authority reserves the right to bid any job with an estimated cost of $10,000 or more. No single job may exceed $50,000. MINIMUM QUALIFICATIONS: Contractor shall employ at least one full time painter with at least five (5) years experience in the trade. Contractor shall also employ Painter's Helpers to assist in various tasks. To meet this requirement, these employees shall have been employed by the bidder at least six (6) months prior to submission of a bid. Contractors shall provide, with their proposal, resumes and applicable license numbers of all personnel available for this contract. LICENSES: The Contractor, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses shall be submitted with the proposal indicating that the entity bidding is properly licensed to perform the activities or work included in the contract documents. The Contractor shall be licensed to operate within City 6. fNaples or Collier County, Florida. REFERENCES: Each Contractor is requested to submit with their proposal, a list of tlame (3) satisfactory references, including the names and telephone numbers of a contact person. These references may be used in the evaluation of this bid to determine award. WORK HOURS: Due to the nature of the business of the Naples Municipal Airport, the Contractor may be required to do painting at times other than normal working hours. The Contractor shall be in a position to be available to perform work at times specified by the Authority. The Contractor shall employ an adequate staff of approved painters to provide service taking into account vacation and other leaves. Each work request will be sent to the Contractor with the appointed time to do the work attached. If one is not attached, then the Contractor is responsible for obtaining a time so that the work can be accomplished in a timely manner. A sample copy of the work request is attached. WORK ESTIMATES: The Contractor shall provide written "not to exceed" estimates on all projects. This estimate shall include the estimated number of hours, number and types of employees required, estimated material cost, number of calendar days required for project completion and date to commence work. Contractor shall respond to requests for estimates for work within two (2) days and provide written estimates within five (5) days. It shall be the contractors responsibility to ensure they have all information to prepare accurate estimates. SAFETY: All contractors and subcontractors performing service for Naples Aixport Authority are required and shall comply with all Occupational Safety and Heaith Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. EQUIPMENT: Bidder shall own and have in good repair all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. In the event that heavy equipment (i.e., crane, bucket truck) must be rented, the Authority must be notified, in advance, for approval. The Authority reserves the right to provide all necessary rental equipment for projects at no cost to the Contractor. PRICES: Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage and be exclusive of taxes. Prices quoted must be firm for the term of the Contract. PARTS: Parts purchased for repairs shall be reimbursed at cost plus applicable mark-up. The Contractor shall provide documentation with their invoice, of the cost for parts (i.e., invoices) for all items with the extended price off-ffi'y dollars ($50.00) or more. Contractor must also have the ability to order and receive parts in a timely and effective manner. CLEAN-UP: The Contractors shall be responsible for removing all debris from the site and cleaning affected areas. Contractor shall keep the premises free of debris and unusable materials resulting from theix work and as work progresses; or upon request by the Authority's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work. Small Projects Ps/mting Contratot Due D~:: t Apdl 1999 2 Key: 03/19/99 ........ - ~ IIIIIIIII III I II I I IIIII 2 WARRAnTY/GUARANTEE: Parts, replacement parts and fixtures shall be new and warranted for ninety (90) days. All labor for repairs shall have a ninety (90) day warranty. PROTECTION OF PROPERTY: The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the Authority. If damage caused by the Contractor has to be repaired or replaced by the Authority, the cost of such work shall be deducted from the monies due the Contractor. UNSATISFACTORY WORK: In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the Authority and be given seven (7) calendar days to correct the work. There will be no cost to the Authority for re-works. INVOICES: Invoices shall contain details of services performed and number of man hours for each discipline of labor, materials furnished and rental equipment used. Unit prices for each shall be listed. The Authority's Purchase Order Number must appear on each invoice. Invoices for work completed must be submitted every thL~ (30) days AWARD: The general criteria that will be used for the evaluation of this proposal is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of bid shall be made to the lowest, qualified and responsive bidder(s). The Authority reserves the right to award this contract through an approach which best serves the interests of the Authority; i.e., to a single Contractor, multiple Contractors, or by a primary/secondary Contractor basis, or on a category-by-category basis. For evaluation purposes total cost shall be based on painter disciplines (Items 6 through 11 on the Proposal Page), 300 hours each; General Laborer, 300 hours; 80% of which will be straight time and 20% overtime; material shall be assumed at $1,000.00 for item numbers I and 2; $5,000.00 for item numbers 3 and 4; and $15,000.00 for item number 5; and rental equipment at $5,000.00. The City of Naples Airport Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Statute 262) (49 CFR, Part 23), hereby notifies all fro-ns that it will require ~ative efforts be made to ensure participation by minority (MBE) or disadvantaged business entities (DBE) in any contract for services entered into pursuant to this advertisement. MBE and DBE business enterprises certified within the State of Florida will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on grounds of race, color, sex or national origin in consideration for selection. If you feel that your business qualifies as a DBE or MBE, but is not certified as such, please contact Ms. Mary Jane Klein, Director of Finance, for assistance in determining eligibility. The Naples Airport Authority is not liable for any costs incurred by the responding Firms prior to the issuance of an executed contract. The Authority, further, reserves the right to accept or reject any responding firm in the best interest of the Authority. Sn~11 Proje.~ P~inting Conmr I)ue D~te: 1Al~ 1999 3 R~: 03/19/99 161-1 2 TERMS OF CONTRACT: This contract will commence on the date of award by the Naples Airport Authority, and be in effect for one (1) year. The Authority retains the right to renew this contract, with the consent of the Contractor, under the same terms and conditions for two (2) additional one-year periods. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the Authority as per Specifications, the Authority may terminate this Agreement immediately for cause; further the Authority may terminate th/s Agreement for convenience with a seven (7) day written notice. The Authority shall be sole judge of non- performance. The Contractor shall have the right to terminate this Agreement for convenience with a fourteen (14) day written notice. Any projects, currently in progress at the time the termination request is received by the Authority, should be completed prior to termination of this Agreement, unless agreed to by the Au~ority. Sn'mll lh-ojcm ?~intin8 Conminor Du~Dsr": I April 1999 4 R~: 03119/99 NAPLES AIRPORT AUTHORITY INS~CE REQUIREMENTS INS~CE TYPE REQUIRED LIMITS I. Workers' Compensation Statutory Limits of Florida Statutest Chapter 440 and all Federal Government Statutory Limits and Requirements Commercial General Liability (Occurrence Form) patterned after the 1985 ISO form with no limiting endorsements. Bodily Iniury & Property Damage $1,000,000 Single Limit Per Occurrence 3. Indemnification The Contractor shall hold harmless and defend the Authority and its agents and employees from any and all claims, damages, liability, loss, verdicts, judgments, suits and actions, including attorneys' fees and all costs of litigation of any name and description arising out of or incidental to the Contraetor's acts or omissions during the term of this Agreement. The Scope of this Provision shall be broadly construed and includes all economic losses, including consequential and indirect damages. This Provision shall also pertain to any claims brought against the Authority by any employee of the Contractor, Sub-Contractor, any assignee or anyone directly or indirectly employed by any of them. The Contractor's obligation under this Provision shall not be limited in any way by the Contractor's limit of, or lack of, sufficient insurance protection. Automobile Liability Owned/Non-Owned/Hind Automobile Included $500,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builders Risk Smstl Project~ ?ainttng Contactot D~ Dat~: I April 1~99 R:v: 03/19/99 2 Subcontmctor's Insurance Kequirements Contractor shall insure that all subcontractors comply with the same insurance requirements that he is reqthred to meet. The same contractor shall provide the Authority with certificates of insurance meeting the required insurance provisions. 7. Additional Insured The Authority shall be included as an additional insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirement herein identified shall be maintained by the User during the duration of this Agreement. Renewal Certificates shall be sent to the Authority thirty (30) days prior to the expiration date.. 8. Certificate Holder Naples Airport Authority shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Naples Airport Authority 160 Aviation Drive North Naples, FL 34104-3568 9. Cancellation There shall be a thirty (30) day notification to the Authority in the event of cancellation or modification of any stipulated insurance coverage. 10. Project Title The Certificate must state the Project Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance shall be included with this proposal packet. Changes to insurance for purposes of indemnification, additional insured, and certificate holder do not need to be made at this time. Only the firm receiving the contract will need to include these items prior to signing the contract. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent Projects Pslntin~ Confroot Du~Dm: 1 Apdl 1999 6 Rev: 03/19/99 2 THIS SHEET MUST BE SIGNED BY CONTRACTOR CITY OF NAPLES AIRPORT AUTHORITY FACILITIES DEPARTMENT BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Prospective bidder should check off each of the following Items as the necessary action is completed: 1. The Proposal has been signed. 2. The Proposal prices offered have been reviewed. · 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Proof of Insurance as outlined in "Insurance Requirements" have been included with this proposal packet. 7. Copies of any occupational and business licenses have been included. $. Any delivery information required is included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Mr. Peter Beach, Facilities Manager Naples Airport Authority 160 Aviation Drive North Naples, Florida 34104-3568 11. The mailing envelope must be .w. aled and marked with · Project Names - Small Projects Painting Contractor · Due Date- 1 April 1999 12. The bid will be mailed or delivered in time to be received not later than the specified opening date and time, otherwise bid cannot be considered. THIS PROPOSAL !$ DUE 1 April !999 AT 4:00 P.M. .Small Projcc~ hinting Contractor Due D~: 1 ~ 1999 Paw: 03119/99 161-1 2 ALL COURIER DELIVERED PROPOSALSfRFPS MUST HAVE THE PROPOSAL/RFP TITLE,ON THE OUTSIDE OF THE ,COURIER PACKET! Company Name Signature & Tifie Date NOTE: The Naples Airport Authority is not liable for any cost. incurred by the responding Firm-. prior to the issuance of an executed contrnct. The Authority, further, reserves the right to reject any and/or all bids in the best interest of the Authority. Small Projects Painting Contractor Due Date: I April 1999 R~: 03/19/~9 2 CONTRACT PROPOSAL FROM: DUE: 1 April !999 at 4:00 p.m. Mr. Peter Beach, Facilities Manager Naples Airport Authority 160 Aviation Drive North Naples FL 34104-3568 RE: "Small Project~ Painting Contractor" Dear Mr. Beach: The undersigned, as bidder, hereby declares that he/she has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for providing labor, equipment and parts for on-call repairs and new installation as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. Payment Terms: __% __ Days; Net 30 Days Addenda received (if applicable): #1 ·#2 . #3 __ If this proposal is accepted, the Bidder proposes and agrees to contract with the Authority to furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: $m~11 Projee~ Painting C~ntraet~ 12~ Date: I Apdl 1~99 9 Rev:03/19/99 2 PROPOSAL CONTINUED DESCRIPTION 1. Material (cost plus %) $0-$100 2. Material (cost plus %) $101-$$00 3. Material (cost plus %) $501-$1,000 4. Material (cost plus %) $1,001-$5,000 5. Material (cost plus %) $5,001 and up 6. Journeyman Painters (straight time) 7. Journeyman Painters (overtime) 8. Apprentice Painters (straight time) 9. Apprentice Painters (overtime) 10. Painter Helpers (straight time) 11. Painter Helpers (overtime) 12. General Laborers (straight time) 13. General Laborers (overtime) Buslness/Oecupafional License~ attached? Insurance Coverages as specified attached? ,UNIT PRICE % % % % % $ per hour $ per hour $ per hour $ per hour $ per hour $ per hour $ per hour $ per hour [] yes [] no [] yes [] no The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the Authority. $m~ll Project~ Painting Conlra~r Du~ D~g: l April 1999 10 R.~v: 03/19/99 PROPOSAL CONTINUED The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the Authority Finance Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the Authority. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 1999 in the County of Collier, in the State of Florida. day of Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. Limited Parmership General Parmership Phone No. FAX No. Address City, State, ZIP BY: Typed and Written Signature Title NOTE: If you choose to bid, please submit an ORIGINAL Ind ONE COPY of your proposal pages Srtall Projects P~inting Contractor Due E~te: 1 April 1999 11 R~,: 03/19/9~ PAINTING WORK REQUEST 16H 2 Date Issued: Facility Name: Work Request Contact Person: Phone #: Fax #: Issued To: Phone #: Time to perform work: Work to be performed: Fax #: I~ Din: 1 Apdl 1999 12 Paw: 03/19/99 16H 2 EXHIBIT "A" INSTALLATION/SERVICE AGREEMENT THE CITY OF NAPLES AIRPORT AUTHOKITY, NAPLES, FLORIDA, ("Authority") hereby contracts with -Contractor, a Florida Corporation or a --(business entity such as sole p~prietor~hip or type of corporation)m authorized to do business in the State of Florida, located at wStreet Addressre, --City--, Florida m Zip-- ("Contractor"), to perform all work ("Work") in connection with the installation of the wProject Name - C'lh'ojeet"), as said work is set forth ha Exhibit A, The Contractor's Proposal, attached. The Authority and the Contractor agree as follows: Section 1. Contract Documept~ The Contract Documents consist of this Agreement and Exhibit A, attached hereto. The foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all said documents including the Agreement sometimes being referred to hereha as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Conlxact Documents shall be maintained by the Contractor at the Project site at all times during the performance of the work. Section 2. Scope of Work A. Contractor agrees to provide labor and expertise to coordinate the --Project Descripfion~ located at ----Site--- at the Naples Municipal Airport. B. The following shall be provided by the Contractor: · · As-built drawings of the associated work · All necessary permits · One (1) year warranty on all materials and workmanship from date of substantial completion. Section 3. ContractAmount In consideration of the faithful performance by the Contractor of the covenants in this Agreement to the full satisfaction and acceptance of the Authority, the Authority agrees to pay, or cause to be paid to the Contractor, on a time and material basis, an ~ ~ millill I I I I I I -I I II --IIII 2 amount not-to-exceed MDollar Amount-- (--Written Dollar Amount ---L) in accordance with the terms of this Agreement. Section 4. Terms of Payme~ ,nt Invoice will bc issued upon completion and acceptance of the work. Payment will be Net 30 days from date of invoice. Section 5. Insurance and ~[~dem~ificafion A. The Contractor shall provide insurance as follows: Comprehensive General Liability: coverage shall have minimum limits of $1,000,000. per occurrence, combined single limit for bodily injury, liability and property damage liability. This shall include premises and operation, independent contractors, products and completed operations and contractual liability. Worker~ Compensation: Insurance covering all employees meeting statutory limits in compliance with the applicable State and Federal laws. The coverage must include employees' liability with the minimum limit of $100,000 for each accident. Special Requirements: The Authority shall be included as an additional insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirment herein identified shall be maintained by the User during the duration of this Agreement. Renewal Certificates shall be sent to the Authority thirty (30) days prior to the expiration date. There shall be a thirty (30) day notification to the Authority in the event of cancellation or modification of any stipulated insurance coverage. Indemnification: The Contractor shall hold harmless and defend the Authority and its agents and employees from any and all claims, damages, liability, loss, verdicts, judgments, suits and actions, including attorneys' fees and all costs of litigation of any name .and description arising out of or incidental to the Contractor's acts or omissions du.~g the term of this Agreement. The Scope of this Provision shall be broadly construed and includes all economic losses, including consequential and indirect damages. This Provision shall also pertain to any clalm~ brought against the Authority by any employee of the Contractor, Sub- Contractor, any assignee or anyone directly or indirectly employed by any of them. The Contractor's obligation under this Provision shall not be limited in any way by the Contractor's limit of, or lack of, sufficient insurance protection. 2 Business License: The Contractor shall provide to the Authority a copy of its business license showing right to do business in the state of Florida and Collier County prior to beginning ofthis contract. Federal Taxpayer Identification Number and Certification (W-9): The Contractor shall provide to the Authority a signed W-9 agreement as required by the Department of Treasury, Internal Revenue Service. Section 6. Default and Termination If the Contractor fails to comply with any of the terms and conditions thereof and such default is not immediately cured ~ oral or written notice is given to the Contractor, the Authority may t~t/,ilinate ~ Agreement This Agreement shall be effective for the duration of the Project, to the Authority's satisfaction, from the date of execution through the completion as set forth in Section 2, Scope of Work. Section 7. Contract Time and Commissioning Date Time is of the essence in the performance of the work under this Agreement. The "Commission Date" shall be --Date----. The contract shall be completed not later than --Date--. OR The "Commission Date" shall be reDateN. The target project milestones are as follows: Start Installation (Contractor) Complete Installation (Contractor) Section 8. Notices Ao All notices required or made promrant to this Agreement by the Contractor to the Authority shall be in writing and delivered by hand or by United States Postal Service Department, fu'st class mail, postage pre-paid, rerum receipt requested, addressed to the following: Mr. Theodore D. Soliday, Executive Director City of Naples Airport Authority 160 Aviation Drive North Naples, FL 34104 (941) 643-0733 3 16H 2 B. All notices required or made pursuant to this Agreement by the Authority to the Contractor shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Contractor Street Address City, ST Zip Phone with area code C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 9. Modificatio~ No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Governinc Law The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver The failure of the Authority to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire A_~reement Each of the parties hereto agrees and represents that the Agreement comprises the full and entire Agreement between the parties affecting the work contemplated and no other Agreement or understanding of any nature coneewing the same has been entered into ..or will be recognized and that all negotiations, acts, work performed or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. --Contractor .... and the Naples Airport Authority agree to the provisions Agreemere as indicated by the signatures of' their duly authorized officers. CITY OF NAPLES AIRPORT AUTHOR2TY--CONTRACTOR~ Date Signed 2 of this Date Signed ' Approved as to form and legal efficiency: NAA L~g~l Counsel ~ 5 2 100 AVIATION DRIVE NORTH NAPLES. FLORIDA 34 104 ******MEMORANDUM****** TO: Honorable Chairman and Commissioners FROM: DATE: RE: Theodore D. Soliday Executive Director 18 August 1999 CONSENT AGENDA ITEM 7 AIRPORT LQ~K AND KEY SYSTEM ACTION REQUESTED; Authority approval of the proposal between Integrated Security Systems and the City of Naples Airport Authority for the purchase of services and key lock material for our Key Project. If approved, a standard small projects contract will be prepared for execution by the Executive Director. BACKGROUND: The City of Naples Airport Authority has a need for a master key system for its 14 rows of hangars and its 9 buildings that currently utilize several different key systems. Phase I would change the hangar locks and the locks at the Commercial Terminal. Phase II would include remaining buildings owned by the Authority. Following the completion of the Project, all buildings and hangars will then be under one key system, allowing staff quick access to the facilities for inspections and emergencies. Staff would also be able to change lock cylinders for new tenants in a more timely manner. The Consultant Selection Committee met on 17 May 1999 to interview firms interested in providing a key lock system in response to our Request for Proposals and the Commissioners approved the Committee's ranking at the 26 May 1999 Authority meeting. FINANCIAL IMPACT; The cost of Phase I is $44,261 and was budgeted in FY 1999 in the amount of $40,000. Phase II is estimated at $20,051 and is anticipated to be completed in FY 2000. ADMINISTRATION (941) 643-073.3~AX 643-4084. OPERATIONS 643-0404/I::AX 643-1791. E-mail airporlOnaples.net ,integrated' A. ~co Lock a Sa~e Co. Security' August 10, 1999 Mr. Robert J. Larson DepuW Executive Director City of Naples Airport Authority 180 Aviation Drive North Naples, FL 34104 Re: Naples Airport Authority Lock and Key System Project After our tour of the Naples Airport Authority's facility we recommend that Medeco's KeyMark removable core system be installed, We feel it will be the most cost-effective system given the diversity of locks currently installed throughout the property. As a result of discussions with the Naples Airport Authority, we are presenting this proposal with plans to complete installation in two (2) phases. Phase I will begin once approval is received from the Naples Airport Authority. Phase 2 is expected to occur during the nex~ budget year. Phase I will include 286 KeyMark cylinders. This quantity exceeds the minimum of 250 cylinders that must be intofled initially to be eligible for an end user key way from Medeco. Since the Naplea Airport Authority has chosen to maintain the system itself, the following items are required: key punch for KeyMark, cuUom coined dye at Medeco's plant and a pin kit for re-keying cores. The key punch is used for cutting the keys. The pin kit includes pins and tools for re-keying the cylinders. The custom coined dye is maintained at Mede, o's manufacturing facility for stamping each key that is sold to you with a pattern unique to the Naplea Ah'port Authority. As discussed, we will replace the existing twenty (20) hasps for the padlocks. The hasps are made of extra heavy wrought steel. The hinges and staples on the hasps are hardened and the entire unit is plated for protection against corrosiorL All hinge pins are inaccessible; all screws are concealed. As you axe aware, one of our locksmitl~ conducted a detailed survey of your existing locks so that we could provide you with this proposal. This proposal includes the key punch, pin kit, custom coined dye and a key cabinet. We propose the following services and products: I. Design master key system. 2. Label and number all doora. 3. Create master key system documentation 0m-,'d copy & electronic), 4. Keying conference with Airport Authority. 5. Install all hardware. ~ORESS: 1330 N.W ?IH SIREEl' MiAMi, FLORIDA 3312,5 PHONE: Fk.X: N&TIONW1DE: 88~.670.2226 (.ktx:o) inunt~r~aXos~udl¥ corn URL: ~.abcosecutfl¥.com LICENSE: £F-000~022 7. 8. 9. 10. Set up and install key cabinet. Label, number and provide 2 keys per cylinder. Provide master keys as required by Airport Authority. Remove and replace all twenty (20) hasps. Installation will include: 216 KeyMark by Medeco Levers less interchangeable core (IC) ~ $134.00 ca. 69 KeyMark by Medeco Mortise Cassette Cylinders ~ $23.00 85 KeyMark by Medeco Padlocks with removable core @ $39.00 15 KeyMark by Medeco Rim cylinders @ $24.00 ca. 38 KeyMark by Medeco Dead bolts ~ $73.00 423 KeyMark by Medeco Cores ~ $24,00 ea. 20 American Lock Hasps ~ $12.00 1 Key Punch for KeyMark Key Cabinet Pin Kit Custom Coined Dye 16H The investment for the entire system including all items listed above will be $64,312.00. However, with the project divided into two (2) phases, the investment will be split according to the parts and labor provided in each respective phase. Phase I investment will be $44,261.00 and phase 2 investment will be $20,051.00. Our price is guaranteed for 90 days, however, if Medeco's price increases, whichever phase has not begun prior to the 90 days from the date of this proposal will be subject to those increases. Progress payments are required as parts are delivered to the Naples Airport and work completed during each respective phase. The project, as we have discussed, entails the following facilities in their entirety and split into phase 1 and phase 2. Sincerely, David L. Dainer-Best Dire~or of Sales Cc: Theodore D. Soliday JeJey S. Nunberg President & CEO 2 Page 2 of 5 Proprietary to Integrated Security Symems August I0, 1999 Initial 16H 2 Naples,Airport Master Kevinq Project Quantity of Doors Code Used NA NB 15 NC 11 ND 15 NE I$ NF 22 NG (padlocks only) Nil (padlocks only) NI (Iredlocks only) SH 16 SG 2 (incl. 11 padlocks) SF 12 (incl. 9 padlocks) SE 35 (padlocks only) - CAP (plus 4 padlocks) HEX 20 (incl. 5 padlocks) HSB FHO EVO 16 NT 17 FAC 1 (mcl, I padlock) NAT 19 CAO 22 GAI 27 GA2 I OPI 13 OP2 371 total doors (85 padlock. a) CorresoondinR Provetry hanger N/A hanger N/B hanger N/C hanger N/D hanger NHE hanger N/F hanger N/G hanger N/H hanger N/I hanger S/H hanger S/G ..hanger S/F hanger S/E gates civil air patrol hanger executive hanger S/B firehouse electrical room by tower Naples tower Facilities Naples airport terminal Continental airport hanger (private) general aviation building - l" floor general aviation building - 2~ floor office building - 1" floor office building - 2"a floor Page 3 of 5 Proprietary to Integrated Security Systems August 10, 1999 Initial 9: 55~KI PHASE..f. The cost of phase I is $44,261.00. To accept pl~se I of rids proposal, please ~isnbc|ow and kdd~l each parc. Date AppPoved AS to f~N legal_surf 1.c.lJ~c3: · NXk~¢ounsel Pa~e 4 ~5 Au~'t 10. 1~99 ~4UG. i9. 199% 9:55AM BUCKINGH~4M DOOLITTLE N~4PLE5 m~3 ~84 P~.302/~2 .... ,.,.,., ~.~,~ ,,~',~ 941 NO 119 16H 2 22 GAI 2~ GA2 II OPl 13 OP2 ~ FHO 2 EVO CAP CAO Corrc~ondin[ Prolix cost ofpl~se 2 i~ $20,051.00. Pl~e 2 wf~ include the insl~ar.~n o~'thc ~oU~g ~: ~g ~216 Zevezs, 137 af 423 co2'e~, 33 c~'69 mortise ca~ene cTLL~tr.n, ~ 24 of 38 dead boll~. To accept pl~¢ 2 ofth~ inoposaJ, pleeae d~ below and ia~ti~ l~geS ..... ,,,,,,, Ill I III I III I III I ~il ...................... CITY OF NAPLES AIRPORT AUTI-tORITY 16H 2 180 AVIATION DRIVE NORTH NAPLES, FLORI[~A 34104 ******MEMORANDUM****** TO: Honorable Chairman and Commissioners FROM: Theodore D. Soliday Executive Director DATE: I$ August 1999 ACTION ITEM 1 LEGAL COUNSEL RATE ADJUSTMENT ACTION REQUESTED: Authority consideration of a rate increase for the firm of Buckingham, Doolittle and Burroughs, LLP. BACKGROUND: At the Chairman's request, the Authority is asked to consider an increase in rate for local legal counsel. Frank Kowalski has been counsel since February 1997 and during that time has received one increase, in August 1998. The current rate is $135.00 per hour, By way of comparison, the City Attorney for the City of Naples is paid $150,00 per hour, the City Attorney for the City of Marco Island is paid $150.00 per hour and the Collier County School Board Attorney is paid $160.00 per hour. As you know, the Authority has recently negotiated an agreement with Cutler & Stam'ield at a rate of $215.00 per hour. FINANCIAL IMPACT: The current rate mructure over the last ten months (October - July) has averaged $135 per hour and the hours are averaging 59 per month. Annualized fees based on this equate to $95,580. The FY 1999 Budget allows for $136,000 in legal fees of which $96,000 are anticipated for Buckingham, Doolittle and Burroughs and $40,000 are contingency. ADMINISTRATION (941) 643-0733/FAX ~. OPERATIONS 643-0404/FAX 643-1791. E-mail airporlOnaples,nel ..... ~ i I I II I III III Y ~ CITY OF NAPLES AIRPOIRT AUTHORITY 1 6H 2 1 §0 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 TO: FROM: DATE: RE: Honorable Chairman and Commissioners Theodore D. Soilday Executive Director 18 August 1999 ACTION ITEM 2 WARREN AIRCRAFT (~ORPORATION .AGREEMENT FOR OPTION ACTION REQUESTED: Authority approval of the Agreement For Option between the City of Naples Airport Authority and Warren AircraQ Corporation. BACKGROUND: Warren Aircraft Corporation wishes tan option to lease a parcel of land in the East Quadrant adjacent to the Naples Executive Condominium hangar (see attached advanced site plan) for a future aircraft rnaintemzx~ facility. The Option rate for this site is twenty-five percent of the standard rent for a six month term, in accordance with our published Rates and Charges schedule. This parcel is 25,500 square feet. FINANCIAL IMPACT: The six month Option fee for this site is $1,150.14. The FY 1999 or FY .2000 Operating Budget does not reflect any budgeted revenues specific to the execution ofthis Agyeement to Option or the future execution of a lease agreement. ADMINISTRATION (941) 643-.0733/FAX 643.4084. OPERATIONS 643-0404/FAX 643-1791. E-mail airportOnaples.net / / Warren Property =o AGREEMENT FOR OPTION CITY OF NAPLES AIRPORT AUTHORITY WARREN AIRCRAFT CORPORATION 16H 2 THIS AGREEMENT, made this 01 September 1999, by and between the CITY OF NAPLES AIRPORT AUTHORITY, hereinafter referred to as the Authority, and WARREN AIRCRAFT CORPORATION, a Florida corporation, hereinafter referred to as OPTIONEE: WITNESSETH THAT, for and in consideration of the covenants herein contained, and for other good and valuable consideration exchanged between the parties, Authority does hereby grant to OPTIONEE a nonassignable option to lease those certain Premises shown and described on Exhibit "A", hereinafter, the "Premises", subject to the following terms and conditions: 1. This Option may be exercised at any time during the pendency of this Agreement or any extension thereof. 2. In the event that OPTIONEE exercises its option, the Premises shall be leased to the OPTIONEE under the standard terms and conditions as set forth in the City of Naples Airport Authority Leasehold Agreement, East Quadrant. Any Proposal from OPTIONEE having alternative or varied terms shall be considered a counter-offer and not an exercise of this option. If ___z ................ ~. ................................................................. IIIL ................. II ............... I nil I lllll II II I m I III I II I ........... 11 11 II ........ I ..... 16H the OPTIONEE fails or refuses to execute a lease by the end of an option term, the Authority may lease the premises to any other person and shall have no further obligation to OPTIONEE. 2 3. The option granted hereby and all rights and obligations associated herewith shall be for a term of six (6) months beginning on the date hereof; however, said term may be renewed by written agreement of both parties at the end of the first six month term and each succeeding term. In the event that OPTICNEE should fail to pay the consideration set out below, this Agreement shall be construed to have ended on the last day of the preceding term. 4. As consideration for the granting of this option, the OPTICNEE agrees to pay to the Authority, in advance on the date hereof and on the first day of each succeeding term during the period of this Agreement, a non-refundable sum of money equal to one-half (l/2) (for six months) of twenty-five percent (25%) of the annual rental for the Premises, plus any applicable tax. The annual rental shall be calculated by multiplying the total number of square feet in the Premises by the annual rental rate specified in the uniform schedule of rates and charges in effect at the Naples Municipal Airport. Any scheduled rate changes which will occur during the forthcoming term shall be included in the calculation of the payment due from OPTICNEE. The initial sum due from OPTICNEE for the option period is $1,150.14, plus any applicable tax. No payments made hereunder shall be recovered by OPTICNEE, whether the option is ever extended or accepted, nor shall any such payments be used to reduce the rents and charges payable under any lease which may be executed by the parties. 16H 5. Prevailing party shall recover the attomey's fees and costs incurred to enforce any provision of this Agreement, including all costs of collection. Attorney's costs and expenses recoverable shall include all out of pocket expenses and shall not be limited by the Florida Statewide Uniform guidelines for Taxation of Costs in Civil Actions. 2 6. This Agreement for Option constitutes the entire agreement between the parties hereto, supersedes any and all prior written or oral agreements or understandings, and may be modified only by a writing executed by the parties hereto. 7. This Agreement shall not be recorded. IN WITNESS WHEREOF, the parties have caused this Option to be executed by their appropriate officials, the day and year first above written. As to AUTHORiTY: ATTEST: Theodore D. Soliday Executive Director As to OPTIONEE: Approved as to form and legaJ-suff'!cievr, r'Y: ~ I · Co e -- CITY OF NAPLES AIRPORT AUTHORITY Leonard H. Thomton, Chairman WARREN AIRCRAFT CORPORATION Curtis Warren, President 3 Exhibit Page I of .16H 2 P.O.B. 1~4.43 $ P.O.C. TO~I'~SHIP 4~ .~. )~OT A SURVEY Exhtbtt Page 2 of 2 DESCRIPTION OI~ THE WARREN PARCEL N&PLES MUNICIPAL AIRPORT S£C.'~ON 35 T, 495., R.2SE. CiTY O~' NAPL£S, COLLIER COUNTY, FLORIDA ALL THAT PART O~' SECTION 35. TOWNSHIP 49 SOUTH. RANGE 25 EAST. CITY OF NAPLES, COLI. JER COUNTY, ~'LORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID S~'CTION THENCE SOUTH B9'36'55' wIST ALONG THE; SOUTHERLY LINE OF SAID $[C~ON 35 A DISTANCE OF 164.43 FEET: THENCE LEAVING SAID SOUTH-~RLY LINE NORTH 0'23'05' Y~ST DISTANCE OF 4.35.65 FEE:T TO THE POINT 0r BEGINNING OF THE PARCEL THENCE NORTH 0'16'55' V~:ST A DISTANCE Or' 170.00 fEET: THENCE SOUTH 89'43'05' WEST A DtSTANCE OF 150.00 FEET; THr'NCE SOUTH 0'16'55" EAST A DISTANCE OF 170.00 FEET; ~C[ NOR~ 89'~'05' ~AST A DISTANCE Or ~50.00 FEET TO THE POINT Or B~GINNINC ~ ~E PARCEL HFREIN DESCRtBED; CONTAINING 0.585 ON AN ACRE I~ LAND MORE OR LESS: SUGJECT TO EASEMENTS AND RESTRICTIONS OF R£CORD: AGNOL;, BARBER & BRUNOAGE, tNC. PRO~'[SSIONAL ~NGIN~ER$, PLANNERS & SURVEYORS & MAPPERS Gmo~m W. Hockne~ ~M. No. 5606 Kot vol;d ~ithout the ~gnotura ond the or;g;no{ roEsad seol of o ~lorldo Hce~sed surfer ond moppet. G£N[RAL NOTES h Dimensions are in feet ond dlo~molt thereof. 2. P.O.B. ,~ Point of Beginning 5. P.O.C. - Point of Commencement 4. R.O.W..= Right-of-WOy 5. T ~ Township 6. R B Range 7. Cur~ Dimensions ore os follows: ~ = Delta, R - Rod~. A = Arc Distance CH = Chord Dietonce. CHB - Chord Beorln9 8, BeGrings are bo~ed ~ the Flor;do Store P~one Co~dinote S~tem, ~ast Zone. North American Do[urn 1983/1000 ~ereos the n~therly llne of the South One-Hell of Sect[on 35 beGrS N 89'34'48' E. g. According tO Faderoe ~mergency Monogement Agency Flood Insuronce Ro~e Mop, Community - Pan~ Number, 125)50-0394C, Rl~eO ~ne 5, 1996, the sub~ct ~ased ~ NC~ Ig29. 10. T~e sub~ct porc~ I~el entlrel~ ~;th;n the boundDry of the Nobles Munlc~ol A~rp~t. i~IARREN PARCEL - NAPLES UUMClPAL AIRPORT NAPLES AIRPORT AUTHORITY PART OF ~CTlOH 35. T 4~' ~, I ~ [ NOT A SURVEY 16H 2 CITY OF NAPLES AIRPORT AUTHORITY 1 60 AVIATION DRIVE NORTH NAPLES. FLORIDA 34 104, TO: FROM: DATE: RE: Honorable Chairman and Commissioners Theodore D. Soilday Executive Director 18 August 1999 A{TTION ITEM, 3 ~ LONI~N ¢0MPANY PROPOSAl,, ACTION REOUES .TED: Authority acceptance ofthe following proposal concerning The London Company's development. B,A .CKGROUND: In September 1993, The London Company entered into a long-term land lease with the Authority for development ofan office and hangar facility (Lease #1). This lease was amended in April 1995, which determined the start date ofthe thirty-year term to be 01 October 1994. In February 1995, Sun Airemit Services USA, Inc. entered into a six-year lease agreement for land, office and hangar fadlities (Lease #2), and an Option Agreement for additional land. This lease and option Were assigned to The London Company in August 1998. Staff has been working with Mr. Mark London, president of The London Company, concerning his proposed development. A copy of Mr. London's proposal is attached for your review. Mr. London will attend the Authority meeting to answer any spedfie questions the Commissioners may have. FINANCIAL !MPA~ The issuing of a new lease will, in essence, add six (6) years to the term of .the oarrent agreement. The extension of the term will have no financial impact since the lease rates are determined in aeeoMance with the published rates and charges schedule. The continuation ofthe two (2) leases for up to one (l) year will not impact the anticipated Land Revenue for FY 1999. The elimination ofoffiee and hangar rent as of 1 September 1999 will reduce the Authofity's Building Revenue by $1,492.17. The tran.,ff'er of ownership for the office and hangar leased under Lease #2 will reduce the Authority's assets by $9,800 and require the booking of a Loss on the Dispo~ of'Fixed Assets of'approximatdy $600.00. The total impact for FY 1999 reduces Net Income by approximately $2,100. ADMINISTRATION (941) 643,.0733/1=AX 643-4084. OPERATIONS 643..0404/FAX 643-1791. E-mail airl:X~lOnaples.nel Action Item 3 The London Company Proposal 18 August 1999 Page 2 16H The proposed FY 2000 Budget anticipates that revenue for the office and hangar will be received during the first quarter ~ a value of $4,500. The annual Land Revenue for these two (2) leases was anticipated at $47,800. Under this proposal, the Land Revenue will be $38,000 assuming the new lease will go into effect as of 01 Segtember 2000. The proposed FY 2000 budgeted revenues will be reduced by $14,300. However, staff believes that this reduction in anticipated revenue is less than half of the costs that could be incurred by the Authority to tear down the old, existing structures. I.Q N 16H August17,1999 Theodore D. Soilday, Executive Director Naples Airport Authority 160 Aviation Ddve North Naples, FL 34104 Dear Mr. Soliday: Please accept this proposal for lease modifications based on my conversation with you and your staff. 1. The thirty-year term will commence on September 1, 2000, to allow time to complete construction. The two (2) existing leases will remain in effect until the conditions in paragraph 1 are met. At that time, both leases will be terminated and the Authodty's standard land lease for the site recently surveyed by Johnson Engineering (survey attached) will be executed for a thirty-year term. Upon Authority written acceptance of this proposal, the London Company will become the owner of the facilities currently being leased (office and hangar). The Authority would charge no rents to the London Company for these facilities and the London Company would bear the full expense to tear down and remove the existing structures in order to build the new facility. The Authority will not be responsible for any costs incurred. The London Company will also bear all expense related to any water management/drainage issues associated with the current and proposed facilities and any related construction. The London Company will provide for separate metering of all utilities, including the London Company's current water supply that is now metered through the Authority. 100 Aviation Drive . Naples, Florida 34104 · (941) 643-4468 · Fax (941) 643-7129 2 Mr. Theodore D. Soilday August 17, 1999 Page 2 If you have any que,,~ions concerning our proposal, please do not hesitate to call me. /,// Sin rely, Presider~t~ glu attachment CITY OF NAPLES AIRPORT AUTHORITY 16H 2 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34104 ******MEMORANDUM****** TO: Honorable Chairman and Commissioners FROM: Z::), Theodore D. Soliday Executive Director DATE: 18 August 1999 ACTION ITEM APPROVE CONTRACT FOR THE PURCHASE OF RADIOS FROM COMMUNICATIONS !NTE, ,,RNATIONAL ACTION REQUESTED: Approve the contract with Communications International for the purchase of an Ericsson Enhanced Digital Access Communication System (County Wide 800 MID System). BACKGROUND: The NAA's existing conventional radio system is not only technologically outdated, but also operationally ineffective. The airport has no control or management of the current system due to multiple frequencies and lack of frequency security and private communications. These weaknesses leave the airport with an outdated, inefficient and ineffective communication system, which was highlighted during the most recent Mass Casualty Incident Exercise. The main goals of this project are to consolidate airport communications and improve emergency response and incident command communications with mutual aid agencies, including City Police and Fire. The ability of an airport to manage its communication resources is vital. This can be accomplished by having one system for multiple functions. The capability of group privacy, secure individual communication radio to radio, no interference from other users, and consolidating VHF and airport frequencies are cornerstones of airport communication resource management. An extremely important advantage of'radio trunking to airports is the ability for airport staff to respond to emergencies with a level of control, efficiency and safety. Truncated radio systems can be programmed to notify pre-assigned emergency call groups. The largest advantages include system control and emergency notification/response. Finally, the ability of being "interoperable" with other City and County departments and organizations provides the biggest advantage during emergencies as well as daily communicat:,ons. Direct communication with the Naples Fire Department, EMS, Naples Police Department, Collier County Sheriff, and Emergency Management staff will finally be possible with this new system. ADMINISTRATION (941) 643-0733/FAX 6~3-d0~. OPERATIONS 643.0404/FAX 643-1791, E-mail airportllnaples.nel Consent Agenda Item #5 18 August 1999 Page 2 Mr. John Daly, Collier County Radio Communications Manager, and Ms. Toni Wilson, Service Manager for Communications International Inc., will both be available at the meeting to answer any questions. FINAN~, IAL IMPACT: Funding for this project, including all time and materials, will not exceed Twenty-five thousand one hundred fifteen dollars and seventy-five cents ($25,115.75) and was included as a three year budget item beginning in FY99. A total of Three Thousand Dollars ($3,000) has been included in the FY99 budget for this item, and Twenty-two thousand two hundred dollars ($22,200) will be included in the Fiscal Year 2000 Capital Budget. The radios may take up to eight to ten weeks for delivery, therefore this item will be a carry-forward into Fiscal Year 2000, and not be invoiced until the radio system is delivered. 2 ......................... - - I I I IIII IIIIII II IIIII I III IIIIIII ................. 161-1 2 Section 3. Contract Amount In consideration of the faithful performance by the Contractor of the covenants in this Agreement to the full satisfaction and acceptance of the Authority, the Authority agrees to pay, or cause to be paid to the Contractor, on a time and material basis, an amount not-to-exceed $25,115.75 (Twenty-five thousand one hundred fifteen dollars and seventy-five cents) in accordance with the terms of this Agreement. Section 4. Terms of Payment Invoice wil! be issued upon completion and acceptance of the work. Payment will be net 30 days from date of invoice. Section A. The 5. Insurance and Indemnification Contractor shall provide insurance as follows: Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury, liability and property damage liability. This shall include premises and operation, in-dent contractors, products and completed operations and contractual liability. · Workers Compensation: Insurance covering all employees meeting statutory limits in compliance with the applicable State and Federal laws. The coverage must include employees' liability with the minimum limit of $100,000 for each accident. If exempt, a "Certificate of Exemption from Florida Workers' Compensation Law" must be submitted in lieu of insurance coverage. · Special Requirements: The Authority shall be included as an additional insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirement herein identified shall be maintained by the User during the duration of this Agreement. Renewal Certificates shall be sent to the Authority thirty (30) days prior to the expiration date. There shall be a thirty (30) day notification to the Authority in the event of cancellation or modification of any stipulated insurance coverage. · Indemnification: The Contractor shall hold harmless and defend the Authority and its agents and employees from any and all claims, damages, liability, loss, verdicts, judgments, suits and actions, including attorneys' fees and all costs of litigation of any name and description arising out of or incidental to the Contractor's acts or omissions during the term of this Agreement. The Scope of this Provision shall be broadly construed and includes all economic losses, including consequential and indirect damages. This Provision shall also pertain to any claims brought against the Authority by · any employee of the Contractor, Sub-Contractor, any assignee or anyone directly or indir..zctly employed by any of them. The Contractor's obligation under this Provision shall not be limited in any way by the Contractor's limit of, or lack of, sufficient insurance protection. · Business License: The Contractor shall provide to the Authority a copy of its business license showing right to do business in the state of Florida and Collier County prior to beginning of this contract. Contractor shall also provide a copy of its City of Naples business license, when applicable. · Federal Taxpayer Identification Number and Certification: The Contractor shall provide to the Authority a signed W-9 agreement as required by the Department of Treasury, Internal Revenue Service. Communications Int') Inc. 800 MI'-Iz Radio Tmnking System INSTALLATION/SERVICE AGREEMENT THE CITY OF NAPLES AIRPORT AUTHORITY, NAPLES, FLORIDA, ("Authority") hereby contracts with Communications International Inc., a Florida Corporation, located at 1100 Commercial Blvd, Suite 110, Florida 34104 ("Contractor"), to perform all work ("Work') in connection with the 800 MHz Radio Trunking System ("Project"), as said work is set forth in the Contractor's Proposal, attached. The Authority and the Contractor agree as follows: Section 1. Contract Documents The Contract Documents consist of this Agreement and a copy of Contractor's original proposal, attached hereto. The foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by the Contractor at the Project site at all times during the performance of the work. Section 2. Scope of Work A. Contractor agrees to provide labor and expertise to coordinate the installation and servicing of an 800 MHz radio tmnking system to be located at the Naples Municipal Airport. Radio communication services are to be coordinated with Collier County Radio Communications, Information Technology (IT) Department. The following shall be provided by the Contractor: · All necessary radio equipment, antennas, baneries, and charger units required for the complete installation and use of the 800 MHz radio thinking system as specified in the contractor's proposal. All labor, equipment and supplies necessary for complete installation of above project. All radios come with a one (1) year parts/ninety (90) day labor warranty. · All necessary permits. C. The following shall be provided by the IT Department of Collier County: · Coordination of programming of radio equipment to be compatible with the trunking system, including a Corn Link using airport frequencies. Communications Int'l inc. 800 MHz Radio Trunking System 16H 2 Section 6. Default and Termination If the Contractor falls to comply with any of the terms and conditions thereof and such default is not immediately cured after oral or written notice is given to the Contractor, the Authority may terminate this Agreement. This Agreement shall be effective for the duration of the Project, to the Authority's satisfaction, from the date of execution through the completion as set forth in Section 2, Scope of Work. Section 7. Contract Time and Commissioning Date The "Commission Date" shall be 01 September 1999. The target project milestones ar._ge as follows: Start Installation (Contractor) Complete Installation (Contractor) 01 September 1999 15 November 1999 Section 8. Notices Ao All notices required or made pursuant to this Agreement by the Contractor to the Authority shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Mr. Theodore D. Soliday, Executive Director City of Naples Airport Authority 160 Aviation Drive North Naples, FL 34104 (941) 643-0733 All notices required or made pursuant to this Agreement by the Authority to thc Contractor shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail, postage pre-paid, return receipt requested, addressed to the following: Ms. Toni Wilson Communications International Inc. 1100 Commercial Bird, Suite 110 Naples FL 34104 (941) 430-3892 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 9. Modification No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Communications int'l Inc. 800 MHz Radio Trunking System 3 Section 10. Governing Law The Agreement shall be interpreted under and its performance governed by the law; of the State of Florida. Section 11. No Waiver The failure of the Authority to enforce at any time or for any period of tie any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement Each of the parties hereto agrees and represents that the Agreement comprises the full and entire Agreement between the parties affecting the work contemplated and no other Agreement or understanding of any nature concerning the same has been entered into or will be recognized and that all negotiations, acts, work performed or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Communications Int'l Inc. and the Naples Airport Authority agree to the provisions of this Agreement as indicated by the signatures of their duly authorized officers. CITY OF NAPLES AIRPORT AUTHORITY COMMUNICATIONS INT'L INC. Date Signed Date Signed Approved as to form and legal efficiency: NAA Legal Counsel Communications Int'l Inc. 800 MHz Radio Trunking System 4 ::": C':i' 0MMUNICATIONS INTL ..;:a., · :::1100 Commercial Boulevard, Suite 110, Naples, Florida 34104 941-430-3892 16H 2 Name: Naples Airport Authority Attention: Craig Davis Address: 160 Aviation Dr. N. Phone: 262-8346 City, State: Naples, Florida Fax: Zip: 34104 Date: July 27, 1999 1 11 H9D83X LPE-200 Scan Portable radio $1,492.50 ....$16,417.5b Indude~: 11 H9PL3R 800 System/Group 11 H9PL3A Dynamic Regroup 11 H9NC1K Antenna 2 11 H9HC7J Leather case with belt loop/swivel $45.00 $495.00 3 22 BKBlm202 Extra high capacity batteries $76.00 $1,672.00 4 ll H9CH7T Single unit rapid charger $86.25 $948.75 5 II Prograra and checkout $25.00 $275.00 6 3 H2VP6E Erthanced vehicular chargers $487.50 $1,462.50 7 3 3Db gain antenna $40.00 $120.00 8 3 Installation $75.00 $225.00 9 1 Corn-link $3,500.00 $3,500.00 Note Sub Total $25,115.75 Purchase Order To: Sales Tax Communications International, Inc. TOTAL $25,115.75 Deposit A minimum $,5.00 d~ipping and handling charge applies to orders shipped tolaling less than Balance Due$25,115.75 Purchase Order To: Communications International, Inc. ' A minimum $.5.00 shipping and handling charge applies to orders shipped totaling less than $500. Iv~n~facttm~ pric~ ar~ ~ubject to change wiUhout notice. 7~resented by Toni Wi~on TRIe Customer Service Mat~n~er Prices in eff~ for 60 Days ,Accepte, a By .... Proposal CITY OF NAPLES AIRPORT AUTHORITY 2 160 AVIATION DRIVE NORTH NAPLES. FLORIDA 34104 TO: FROM: DATE: RE: ********************* Honorable Chairman and Commissioners Theodore D. Soliday Executive Director 18 August 1999 ACTION ITEM 5 TELEPHONE SYSTEM UPGRADE ACTION REQUESTED: Authority approval of the contract with Sprint-Florida, Inc., for the purchase of upgrades to the terminal telephone system at the General Aviation Terminal and the Norstar 6.0 voice mail module. BACKGROUND: The original specifications for the telephone system at the General Aviation Terminal provided the ability to expand the capacity of telephone extensions and utilize a self-contained voice mail system. These services are done through the addition of modules. Currently, the staWs voice mail is handled through Sprint on a line-by-line, month-to- month basis, costing $2,575.80 per year. The in-house voice mail module is considered a priority by staff because it will provide fully integrated automated services for all staff and customers. FINANCIAL IMPACT: The actual costs to the Authority are $13,198.60, resulting from state contract pricing. TNs is not budgeted for in FY 1999, however, $15,000 was budgeted for additional lighting for the General Aviation Terminal parking lot. This additional lighting is not needed because additional lighting has now been installed on the General Aviation Terminal building which we believe provides adequate coverage for the parking lot. Therefore, staff is requesting that these funds be used to cover the cost of this project. *A signed contract will be available at the meeting on the ADMINISTRATION (941) 643-0733/FA~ 6434064. OPERATIONS 643-0404/I:AX 643.1791. E.mail airporll~naples.nel 16H 2 Key System Customer Scope of Work SITE INFORMATION: l~IMne o[ ~U.liness: C~"Y OF NA.PLE~ ~RT AUTHOPdTY Contact Nnme: BOB BARNM.~T Coatac~ l'hone #: 941-643-0733 System S{tA Address: 160 AVTATION DR NAPLES FL 34104 BASIC DESCRIFI'ION OF SALE: $ym~n Type: MICS Quantity & ~ of Phone: ADDINO 2.7324 :~E'fS BL^C~ Color of Phones: BLACK npplica~iom: ~ · -, ' . · : " Other: lastal/ttfon F. xi~n:~atiom: INSTALL A 6 PORT vOICE MA~ ~ ~O~E SO--ARE TO ~E 4.0, ~O I FIB~ ~UNK MODU~ TO SUPPORT ~D~ON~ ~ 'r~T WF. RE O~E Tile S~.~3~33~62~207,~3~788,403-7918,~875,42~5032,43~801, G~GS TO BE D~S~ Wf~'~ SD, ~SP~N W~ A~A~ P~L~Y G~E~O REQUE~'S 0F T~A~ BY SAI~P~OH. TRAI1NI~G AND PROG~G EXPECTATIONS: Q~an~ of Peopl~ 30 Tlm~ of Tralagng: ~ ,4 $t~rinr $ygern De. dgn~ will xz.3~nful# a dat~ wtt)~ rh~ customer for training. CUSTOM~ER RESPONSIBILFFIES: ~tomm- Ih-embes a~ if applicable: Ca~rn~ mu~t prcn~!f a location for rl~ d~ baclt~ar~ w~lc~ will b~ ~dlcat~ for 6e p~ond 0~ ~ ~ ~ pl~ and ~c ~ to M~c on Hol~ Customer Signatm'e Date 2 Network $endce/Eq~ipment Contract Pa~e ] of 2 ACCT MGP,: Philip .1. Christie INSTALL DATE: I G'I CONTR.AC~ #: 19~Y)-4AUICH6 This a~re~aent is by and between Sprint-Florld~ in¢orperlzed, P.O. Box 165000. Akamon:e Springs. Fl. 3 ~-71~5000 ("Sprint") And CIT%' OF NAPLr:.S AIRPORT AU'rHORr['Y ("Buyer") Loc~zed ~ 160 AVIATION DRIVE N. NAPLES FL 3410~. TYPe: TYP]~ ITEM NRC MRC I , ~Q? NORSTAR VOICEMAIL MODE~ T EQP 4.0 SO~A~ T EqP RBRg TR~ MODtJLE " I EqP F~O~OO 1~ 12 ~P gDCO LINg PR~r 2 , EQP A~ POW~S~ ,., T/~ agt~m-en! ~s sub. jecz m l~e t'crms and conditio~ ofA~c~ ~ed h~o, which ~ ;n~ h~M and ~ a HE~OF, ~ ~ Bu~ ~ ~ ~ A~t or ~ hu ~ it m be ~t~ ~ ~ ~lf. on ~e ~tcs Sprb~-Flortcla~ Lacorper~c~-d SPRINT CITY OF NAPLES AIRPORT AU'IT'IORITY Buyer Si~atu~ T~pe or Print Namc and Title Type or Print Nmnc and Title Dam Approved as to form and legal sufficiency} NAA Counsel __SPRINT B~O ~004 CustomS' [~}TY OF NAPLES AIRPORT AUTHORIW Add~ 160 AVIA~ON DR ~, Sm~, NAPL ~ FL ~tU4 Zip ~un~ COl ,LIEK Xn~d~: BOB B~XRNHART ~h~e a ~ I ~43~733 16H 2 Page 2 of 2 BII. L]TVG A DDR. ESS D,o~ Pa~:m (se~ Billms Comm~) Upon lnStallagion Total Sm'vic~ ('Inclad!nS L.~bor) Tom] E~pmcm CO~3'3~CT P F.~IOD From: To: SUBTOTAl. tnot including Sales Tax) SALES TAX TOTAL PRICE ~ILI, IN6 COMM£N7~ __1~/~ 11:4~ FAX g412535~ .__. SP~J~ B~0 ~005 Contract TERMS AND CONDITIONS - $CHED~ A k Sak of Equipm~c gPKn~ shall scn and Burr shdI purrb~e th~ Equipment lh~ed on the f~c 3. immlhgon znd ~:ccptsncz. Once the Equipment is im~d ~d ~~ ~co~;~. m E~~ ~ c~ ~ ~ ~ ~d Eq~ b ~ goM wo~ ~er. ~ F~ TO ~~ ~ E~~ ~ ~G ~ ~SEE~LE OR N~ ~ ~~ ~ ~ ~ ~ 7 DA~ ~ ~ DA~ OF ~-I-~ON ~ ~S~ B~ ~L BE ~~LY P~~D TO ~ ~P~D ~ ~~D E~~. N B~r ~c~ ~jec~ ~e ~ed Eq~m u ~c~ or ~ ~ ~co~e ~ ~ ~n~ SP~ ~ ~ ~ ~ C~ ~y d~ ~ ~~e ~ · ~So~ ~, ~ ~ accost ~ nccessi~ of p~ ~~ Eq~m~ or p~ and co~ or m~ ~ ~6on of ~ hemo£ 11:42 FAll 94125~$282 SPRINT ~0 ~005 c. Rzpairing of d2mage caused by scrvicing of Equipre:no by persons other than SPRINT or it3 c ontl-~gto~, 5. Limition of Liabillt~. 5PRI3Wr shall not be Uable for any iadiscct, incidcn~l, or consequential d.~mazcs (izgludlng lost profits) sashed or i~cur~d in ¢om~¢c6o~ .with or a~ing out of the g_n,¢~e~t nr services furnished orto be furnished by SPRYNT umtcr thu Agreement, r~§ardless O~ whether or ilot stlch dmmaggs were folz$¢etl or ullforeseell. In no event shall $PRI~q'r be ~bl¢ for damages, loss or ¢x~emes of atry ~atm-e whatsoever that may result from the fraudulent or unauthorized use of Ecluipment, services, or facilities purchased hereunder. 6. Secttri:y Intorest. To the exte~ allowed by hw, BuT:r hereby grams SPRINT a ptm:hase money sccurky interest in the Ecluipmeat, together v/eda all ~t-phcemcnu, parts, additions, r~paits a~l ~ccessories incorporated th~in or a~xed thertto, and all pwceeds thereof, u~uti~ · 11 charges set forth in this Aguemeat (including intcrtst, if zny) a~ paid in full. Buyer ~,tx-ts to ex~:ut~ and deliver any docume~ reasonably ~qoesmd by SPRINT for the purposes of fili~g or recoeding u m~ybe n~ce$sary to perfect iu security iraernst c~arzd by this Agreement. The ~ ~g~e that th~ Equipmere sh~ rem~ pc~o~l property, not a p~rt of the l,.d or b.aa;.$, gg~iless of the m.~nner of af~c~tiom 7. I.~t~ Paym~t Ch~ges. If the Buyer does not l~y ~ny ~o~ when d~, SP~ shah ~ e~ed ~ ~st at ~ m~ ~ ~d by law ~m ~e d~ ~ ~ p~d. Paint of s~h ~s~ s~ n~p~l,d;ce ~ o~~ orals ofSP~ p~&d ~r~ ~~ or by ~w. ~ ~ e~ B~ ~ w p~y ~y s~ ~ du~ or o~e~e ~5 ~ ~ ~y ob~ ~er~ ~~n ~q~ ~, ~ ~on m ~ o~cr ~~ a~k m it ~ bw or eq~ ~d ~t ~ ~fioa ~gof, ~y at iu optore a. C.~ase instslling the Equipment. b. Dis¢onzgcc the Equipment from tl~ public teLq:)honc network. c. Deactivate th~ Equipment, or othenebe ~zdcr the Equipment inol~r~ble until paid the arnotrot due in full d. ERror the BufFs Premises ~ or without notice and t~ke possession of and rtmow the Equipment, ~d either terminate this Ag~emenr~ rtt~uing all sunu p~icl, or disposc of the Eq~ for Buy~s ~ccotmt at th~ best pxice obt~u~ble at public or priwrz sale with Buyer to ~tm.tin li~k for ~,~y demichoy. & Liquidated Damages. Ia the event the Bu~.r :tTndlates, giws notice of c~cclh~ion, or otherwise bre~hes this Ag~meaz prior to &livery of the E~uipmeat to the imtal~tioa site, SPRI1wr sh~ b~ e~tided m rtcei~ from dg Buyer (u liquidated dma~g~s, not as a penalty) a sum equal to twtn~-fiv~ p~:cnt (25%) ofth~ Tot~l Equipment Pm~h~e Price stated on the f~ce of th;, Agueroche. 9. Miscelh:~ous. The following trnm and conditious shaft appl,/to ~;, Agre~men~ a. Taxes. The ln:u:e of the Iiquipmem (iucludiug ~livery and immIhtion) and m,; _,~ttnamce do not include ~y federal, sum, or loc~ ~ such as, bu: ant lhn~r~d to, t2x~ on nunuf2cture, s~cs, gross im:ome, receipts, occupaxioa, me, orsimihr taxes. Where applicable, such tax or taxes sh~11 Bu3~r_ FAX 941253~2~2 $P~I.~r Bg~,, ~007 16H 2 b, Risk of Loss. Risk ofloss of the Equym~nt sharl pass ~rorn SPRINT to Bu7tr upon deliver/ the Justalhtlon sit~ ~sigm~d on above hezeof. c. Tide. Title w the Equipment shall p~ss from SPRINT to Brier upon Bu~r's payment of the Total Equipment Purchase Price of such Equymcnt, d. L~11o~i Coment-Morr~tees Consent. Bu-~r sh~11 be respoasible for obtainart§ any tha~ may be uecess~'T f:mm t hadlord or mort~atee with the respect W the imtalhfion or m~in~en~nce of the Equipment, e. Lken~¢s and Permits. Buyer shall be ~sl~nslbl¢ for obt~i~i%~ an)' lieeasel, pe~, co. eats, or spprov'2s from ~ay feclera~ state or local government wkich m~y by necessary to Justall, possess, owa or opex~te the Equipment. f. Duty to ]Defend xud TndemniFy. To the ¢xte~ ~1owed by law, each P~rty shall be t~spousible for its acts or amissiota in the peff'orm~xlce of this Agreement. The P~rty who ia the performance of this Ag~¢m¢~ ices or f~ils to act in · marelet which results in a complaint, cause of action, claim or other action by I thud party slyall iadem~, defe~ ~d hold the other P~cy harmless from and against any comphlnt, cause of ~'tion, cLxim or other action which arises out of or is related to the Iaderanlfyi~g P~xy's act ~sioxi. Neither Party sh~ll be ~equi~d to ind_cmnify, hold h.xrmless or defend the other P~xy from the other Paxt~s ova acts, oral,sion, or willful misconduct h. Repxescntntions. The paxties have not made or xelied upon any representations, understandings, or other.%,rtements not spccif~ally set forth L Prlor Defiants. ~[o cousse oirpdor d¢nlln.~ between the paxtics and no usage of the trade slull be ~levan£ or ;utmissibl~ to SUl~~ e4tpla~ or vary any of the te~ of this Agreement. j, W~iv~r. No wni~r by eitherparty of~y of the provisio~s ofeh;, Agxxement shall be deemed to be a waiver of My other provisions of this A~eme~t. Any wfiver must be in writing and signed by the p~ty ~gai~st whom such w~i~r is sought to be e~fforced, k. l~uxh~e Olxtczs. Any purchase order issued by Buyer shall be deemed to have been issued for its own pmx~siilg, accounting, and other ~co~l keepaug purposes only and shall not be deemed to b~ p~n of~i~ L Ass~ Neither party my assign their rights or duties under figs AF~cmern wigaou~ the pzior wr/~en consen~ of the other pazt~ provided, r~, nothln~ herein shall be deemed to prevent ~ ~zom assig~ing this engre A~cmcnt, or say pxrt thereo£, to any affiliated company of Sprint Corporation or subcontracti~ its duties, or zny part th~r~o~, to z~y other perso-- This Ag~cment shall be ~ upcm ami inu~ to the benef: o{ the parties, their legal r~prcsentatives, succcsso,% aad assigns (provided that the pmvbions coac~in.e asslg~ae~t and delegation contaiaed i~ t~i, Agrt~meat ue complied with). m. Notices. Any ~otice ~quized or pennltted to be gi~'n trader any o{ the provisions of this ~ or govemi~.~ law shall be given in writing and either hand dclivc~d or sent by Fast-class m~ postage p~-p~id, to tt~ ol:her p~ly at its address lislzd above. n. Force l~.a~eure. SP~ sh~l not be liable for aay ~ to perform any part o[ dgs Aguemeat due to federal, state, or local go~-mmeu~ action, stmmw., ordinance or regulation, strike or othcr labor trouble, got or other ci~l dismrks~e, s~bot~ge, fixe, flood, !ight~ or clectricol storm, environ~-ntnl hnz,~t, or acls of God, inabilLry to secm~ the Equipment or nec~savy anci~la~ mau~id or supplies, or, vlthout !i,~ng the foregoing, by any ocher cause, contingency, or circumstance wilhhs or wilhout ~he Unlmd Stares not sub~ec~ to its control which prevents or b~na~s SPKINT's pedonmuce o£ ~i, AF~'?m~n~ or the ¢ffec~ of which would sub~t~nti~y de~zi~ SP~ o[its economic benefit i~ ttzis Agreement. o. Go~,~;-g I~w. This Agreement shall be go~med by and constr~-d in acconhnc¢ with hv~ of the St~ of Florid~ In/rials: Spa/a; 16H 2 p. A~om~'s Fees, In the event either Party to ~ A~ement is ~q~d m uke acdon to e~o~e pa~ ~o~b~ ~s ~es ~ cosu, ~c~ ~o~ble a~omcy's fees and cost for ~ny a~ ~of, u ~ as ~y co~ cost ~c~d. q. ~ ~c~ Burr co~e~ ~ · seth by ~~ of i~ c~t ~ and ~anc~ s~b~ ~ ~y c~t ~ ~po~ c~y ~ ~cy. ~ ~e e~nl ~ de~nes, ~ iu sole p~ent ~s~es be prodded or~ym~m ~e ~en~ at ~y time. 10. Term;n-tiom Exlznd~d C~smmerPromcfion Phn srrvlce provided under ~ Agreemenz shall autornatical~ remain in force ~or the Initial Maintenance Period ~d, thereafter, shall ~ncw for succ~si, e periods of one (1) year each at SPRINTs dx-n current tnice~, unl~s either party gives d~ other party' written nonce o£ tzrr~-~tion at least figtry (30) day~ in advznc: of ~ny scheduled Property of SPRINT. Buyer acknowl~d~¢s tha~ if SPRINT imt~b a ~u coHec~on deuce ~d o~r ~ E~p~ at B~s ~a~on ~ ~ ~ed ~ ~;~ sg~ces ~dcn ~ s~h p~e~ ~d Eq~pment sh~ ~ ~ p~ of ~. B~r ~ p~g o~ ~ Eq~p~t s~c~y desc~ed ~ p~e 1 hero/. ~ ~e e~don or ~{nafion o[ ~ ~men~ ~ ~y sc~ce phn he~r, ~ s~ be endfled w en~r B~s p~es ~ ~o~ ~ ~ pwpe~. 12. Ye~' 2000 a. Seller will pass any manufacturers wan-an~ through to Buyer for the wnwanty period ~nd will take dl m~oz~bl~ action to assist Buyer in ~he enforcement of the wa~cs w~m a~a/lablc to Buyer. Seller is not the manufactuxerfdgsigner of the Equipment and is not respons~Ic for the accuracy of the manuf~:tme~' and desigue~' xepresent~tion and wuzrant/es. b. Ma~s w-~nmties sh,~11 not apply m: (i) any Equipment which is not maintained by Seller, (h~ .d~. fzilmt of any Equipment to comply with the applicable Eq.m.'.~ment. specifications if the failure is uolamd in products(s) not provided under rhl, Agz~¢znent, (iii) Eqmpment use not coafor~i-g to the associated user documentation, or (iv) modific-~tion of such Equipment by Buyer, End User, or any ocher third pazty. Iaifi~ls: Bu.~er :44 F~ ~4126352~2 $PRINT.~.~0 ~009 BUYEK~ RE$?Olx~IBILITIE$ - SCHED~ B SPRINT would like m tt~nk Buyer for selecting sPKrNT to provide telephone s~m. Hem ~,~ some critical concerns zmiz~nance and installation o~ r.l~ Buyer's new the on-going t It is important ~o select the proper envlronm~,,t for the Equipment. Today's technology in mlephoue systems is rotrally computerized and needs tn be in a dust-f~c and well ventilated environm-ur. Except for some bxge imtallations where special environmental controls n~y be required, any nomml clean _~d air-conditioned area ~ do. Buyer may, however, wish to locate the Equipment and wiring in a special ~rea for aesthetic re~sons. 2. SPRINT, in most cases, attempts to provide the complete installation ming concealed wiring. In some in, urines, ~ SPKINT experiences a problem with gerring ~cccss due to tinforeseen circumstances or building construction methods, Buyer n~y need to obtain an electrician to assist by providing comluit to complete the immlLxtion. Cost for conduit is Buyer's respomibility. In most cases, it is poss~le to identif~ whe~ special fire resistant cabling is required prior to your acceptance of the Agreement. It is not always poss~le, however, to idcntif7 this need before st~ing the imt~latiom Whr. m the nature of the ~tlon requires that wire or cable be run abo~ fahe ceilings or in air pleaurns where loc~l build;ng codes require the use of fu~' ~slstant cables, Built agrees to accept added charges for this special 3. All telephone Equipment ~qui~s AC po~er for operation (spccil~catiom var~ with the type of Bquipme~t installed). It is usually advisable for Btr~r ~) h~ve the AC outlet zs close as poss~le to the telephcme Equipment. It is ~lso advisable for the telephone Equipment to be serviced by an individual ci~uit. Copiers, motors and other types of electrical Equipment can generate large amounts of interfering noise that Buyer may experience as degraded telephone service. It is the responsibility of Buyer to provide proper AC power. 4. Foreign voltages and Li~htnin~ effects on telephone Equipment c~n be very signLficant during electrical storms. SPRI2qT highly recommends a ground wi~ be connected to the Multi-ground Neulr~ for Buysifs buFidi~, m be provided by your electrichn. All of the above items ~t critical to the well being of the Equipment. If these general guidelines axe closely adhe~d to, Buyer shoed be able to e~pect many yea~s of se. rvice out of the Equipment vhth wry ~ew maintz~c probl¢_m~. If the abov~ imms ~re not complied with, in some cases, Buyer's mazuf~cturer's vawanty or tmintenance plan could be voided, causing Buyer addltional expense. Spri= Bu7~, 16H 2_ 10:27:$$ ~M Modified By Debo~h M. ~lau! 9412836282 _ S i~J[* ~¥0 ~ 010 16tt 2 ' SITE ADOILES$ !a/,LI~IG ADDRESS RI~I.I~G ~ ~: cr~ OF N~ AI~ORT I~ AVIA'[ ION DR N A~O~'IT ;~t ~: i~ AVIA~ON DR N CO~ ~F0~ON S~ ~: ~qulp T~: I)/01 ~:rdces inc],_,_a~__ in 0~ $~tsr~ Pbm md: 2) Mamtmance scr'4cc 24 I~rs · a,y, ? days · w~k including holidays and weekends. 3) 4 I"k~3 o.f'md u~cr Ir~lnf~$ (P~X o~h/). ,s'rAJ~,..DARD PLAN " .PRICE ~.~4~Crl x qUA,~TI"Y ,'"~ONTB$' -,TOYAL ~ ~ 3~,~ 0 2 3o,oo Vol~Ma~ A~6C can ~m~ i0.~ 0 12 S0.~ ~11 Ac~nl;n~ ~.~ 0 [2 SO.~ l'~nt ~i~ ~.~ n I 2 So.00 ~ malo~ s~fi~ ~ ~.75 0 12 S0.~ 2a ~ ~l~nfi SO.~ 0 12 SO.m~ Full 6~ ~ ~b~ ~.m U 12 ~.00 ~.~ o 12 So. SueToUl D~ ~~ P~cc Per Ymr ~lus To: 0~tq2~ S~ Tax sales SFB.II~I' - FLOILIDA INC. CIJSTOMTi. R cI'rY OF NAPLES Am~ORT AUTHORITY BY DY PrMt ~Type Natre. T, tie md Dale 16H C~Olq -VOIC~ SERVICE AGIlEfrONT TERM~ AND CO~I~ONS 1.~ S~.~ ~ or ~tom Plm se~ion~ f~ w~h ~cc s~l be c. Major ~se - ~ ~jor ~ou c~ ofone ~ ~ of ~e fo~o~ c~dom: i) Co~l~ ~ of~ ~ a) I~d~ an~t co~ole; d) 2~ of~ ~ ~ o~ ofs~c~ 2 This Agreement shill tc, msi~_ hi effect b~g a~l ¢:diz~ on ~¢ d~t:~ iadicated c~ the face of this a~rcement ~d sh~11 rcz~v a~maZically for t~wlve (12) month k~ unless ~izl~r party ~ this A~r~e~__~t after the inltisl ~ by ~ivi~ ~ l~otic¢ to the other p~'ty via c~r~¢d ~ ~x leait ~ (~0) days ~ofort the elld of a l~rm at 3. PAYI~t'ENT O1~ TERNIS a. Mcra6,1y paym~ will ~ ~ in ad~ ~ o: ~fo~ ~ ~te ~ted on ~e ~ce of ~s a~em~c (H ~e ~ ~ ele~ ~ ~ a ~lc s~.~ pa~ ~c ~ pa~t ~ eff~ ~ of~ A~) F~ ~ ~ ~-ly pa~ ~y ~lt ~ ~d~ -~ou b. Pa~ ~ ~ ~ by ~ w Sprint - Eod~ ~o~d ~t ~c nd~s 1~ on ~e ~c offs A~nt ~ ~ invoi~ ~ ~ ~ ~ ~ ~ ~I C~k ~ w~ ~ not p~d when ~o~ ~ ~ ~ p~ le~ ~s ~ co~l ~r ~o pay ~ c~, Sprint Cust~me.r ~012 16H c. Work on eq~,fil~:n~rn no~ lis~d in this A~.~-mo'n~ or f. ~air or--go ~cd by ~ic~g ot~m~ by p~om o~ ~ Spfi~ - ~1ofi& ~c., ~ iu contours. 2) ~ ~ 24 ho~ a ~y, 7 ~ a w~ ~g ~. z) ~) ~) Sprint . Customer ~013 16H 2 7. FORCE M.A~IJILI~ Sprint - Florida laecr:porated shall ~aol be liable for any failure to perform any part of this Agreerecur ctue to federal, stale, or local government at'fica, statute, crrdhnance or regulation, strike or other labor trouble, riot or other civil disturbance, sabonage, fire, flood, l~ng o~ electrical storm, ~virora~utal hazard, or acts of God, h~ability to secure £quipment or necessary ancflhry maWrial or supplies, or, withore limiting the foregoing by an), other cause, ¢onthagency, or ¢ircum~ee within or without the United States not subject to its control which prevents or hinde:~ Sprint - Floridm Incorporated's performaz~e of this Agreemc~l or the effect of v, kieh would substantially dcpri,/e Sprknt - Florida Incorporated of~ economic benefit in this A~eeme~t g. _WORK ENYIROI~ Scrvic~ unde~ this Agreeturret performed by Slr~ - Florida lncorporaxed service a$sociate~ will be accomplished only in a safe working e~lvi~o,,,--.'~t which complies with state and federal regul~ticas and law. Customer must warrant to Sprint - Florida Incorporated that the uea~ where the Equipment is keln or work is likely to be performed are free of all hazardous mawrials. Custoaler specifically guarantees. WalTants, and reprr~euts to Sprint - Florida Incorporated ~hat the prerrdsc-s where thc equipmere is located ue to~lly free of asbesxos (whether euacapsulatcd or exposed). In the evem ofalay bre~h of this guarantee, warrauty and representation, SIl~t- Flcrrida, Incorporated in addition ~o any other legal or equitable ren~'dies it :ray have, may terminate finis agreement kn whole or in par~ a. £ifi~-'r of the parties may t~mah~a~e tl~ A~,reeme~t "for ca~e" ~ ~ (30) da~ prior ~en nodce ~o defs~dng p~. 'Tor ~e" ~ b~ no[ li~ ~: 1) Fai~ to ca~ ou~ ~y of~e obli~ ~by ~is A~n~ 2) Ei~ p~ h ~j~g~ m ~ b~ ~ a g~l uii~ment f~ ~ b~efit of ~toa, or a rec~v~ b. Eider p~ ~y ~te h,'a~m~ly ~ a~ ~ ~ for ~e 1) Sp~t - ~ I~o~ ~b~ ~~ ~t C~ ~ A~L or is ~g ~ ~i~s f~ ~ ~la~ or ~e p~ose; cove~d ~ ~ 3) C~w~ ~s ~ pay ~y ~voiced ~d ~ c~e to S~ - H~ ~co~o~tcd (~clu~g c~ges ~d ~ ~ A~nt ~ ~y c~g~ ~ed on a ~ a~ ~ial bu~) ~in s~en C7) ~ys of~e ~ due ~ ~ ~ ~e s~ d~t ~ ~ (10) ~ ~ ~cei~ ~s;~ren~ce se~ on ~e ~nt by ~yone o~ ~ ~ a~o~ed S~t - H~ ~co~o~tcd 10. _WARRANTY OF PARTS. IVKATERIALS All l~rts aa~d materials furahhexl i~ ~o~ s~i~ ~ ~s A~nt (whe~ s~h p~ and ~t=~ls ~c ~ by ~ or ~) ~ ~ a~ ~fe~ for as 1o~ ~ ~s A~t ~maim ~ WA~~ ~ G~ ~ ~ OF ~L O~ W~S, ~S OR ~LI~; SP~- FLORA ~O~ SPE~~Y D~C~ ~ W~ OF OR F~S FOR ~ P~~R P~OSE. IaiO'""~: Sprtnt Customer --. ............. ~uJ, 4 11. LI~MT~ATION OF LIA~TLrTY Sprint - Florida Incorporated's maxknam liab~ry to Custornex for ~ny claim for ciarrm§¢s caused by Sprim - Florida Incorporac~d's porforman~e or nntrpc, rform~c¢ under this Agrecm~nt shall be limited to the amount billed to Customer during tt~ pr~ious t~,clve (12) mon~ prior to the damages or injury whicl~ is thc b~sis of ~e claim. IN NO ~vE%Fr SHALL SPRIN~ - FLORIDA INCOP. PORATED OR ITS AGENTS BE LL~BLE FOR LOSS OF PROFITS OR BUSINESS, INCIDENTAL, CONSEQLtENTIAL. OP. SPECIAL DAMAGES O1: ANY KIND CO.~'ECTED IN ANY WAY TO FURNISHING, PEP`FORMAN~, ~AllqTENA2qCE OR USE OF ANY IT£M, EQUfPI~NT OP` SERVICE UNDER THIS AG~. Jlq NO EVENT WILL SPR~T. FLORIDA INCORPORATED OP. ITS AGENTS BE LIABLE FOP. DAMAGES, LOSS OR EXPENSES OF ANY WHATSO~ THAT MAY KESLrLT FROM THE FR~L~ OR UNAUTtiORIZED USE OF EQUIPS, SERVICES OR. FACU_rrLES PROVIDED UNDER TiffIS AGREEMENT, INCLUDING BtJr NOT ~ TO FRALrDULfilqT OR UlqALtl~ORI?.I:D LONG DISTANCE TELEPHONE CALLS. Customer shall hold StriCt - F~ofida Incorpotmt~d harmless f~m ~11 chhrm, suit or action~ by aay pcrsor~ entity, government or govcrat~mt agency, includi~ r~v~l or rcm~dhti~ costa mS, ins from the prc~cnce of hazardou~ rnateri~l~, about. b~eath or migrating from C~omer'~ l:~pcrty or prcmise~. 12. I~IDEMHI_I~CATION. To the ex~nt ~11owed by h~, ~ P~ s~! be ms~ib~ for iu a~ or ~om ~ fl~e p=fo~ncc ofth~ A~t. ~ P~ who in ~ ~Wo~ce of~ A~t ~ ~ ~i~ m ~t ~ a ~ w~ch rcs~ in a c~h~, ca~c of ~om ch~ ~ o~ ac~o~ by e ~ p~ s~ ~fy. ~f~ ~d ~ld ~c o~cr P~ ~ess ~m a~ agz~t any c~la~ ~ of ~fio~ cl~ or ~ a~o~ w~ch ~es out of or ~ re,ted to o~ P~ ~o~ ~e o~er P~'s o~ a~, o~io~ or ~1~1 ~onduct ~ cost. :~emcs (~cI~$ Custom~ may not trimsfcr its righis under this Agre~t to any oth= person or organization without vqit~cn comet of Sprint - Florida Inzorporat~ti which will ~ot ~onably be withheld. This Agrcc~nent shall be bindini~ upon ~nd shall insure to the benefit of the parties h~r~ro and their mspectivc suc~ssot~ and a.tsi~s. 1~, GOVERI~'I~G LAw This co~ shall b~ govcr~d by $l~te law~ or Florida. 16. ~ AGREEIVlTMqT T~ writing shall cox~stimm th~ e~t/n: ~ ~e~ Spr~ - ~ofi~ Inched ~ C~r ~ to ~n~ s~c~. ~y ~i~. ~do~ ~ a~i~ ~ t~ ~ of~ ~t ~l not be vflid u~ess ~ ~ ~ ~d ~d by ~ ~u~o~ ~mfi~ ofbo~ p~, ~ A~ ~ not b~d~g ~ed by ~ a~or~ ~~five of S~t - ~d~ Irfi'dals: Sprint Customer ~._ Deborah M. Slaug CITY OF NAPLES AIRPORT AUTHORITY 16H 2 1 60 AVIATION DRIVE NORTH NAPLES. FLORIDA 34 104 ********************* TO: FROM: Honorable Chairman and Commissioners Theodore D. Soliday Executive Director DATE: 18 August 1999 OLD BUSINESS ITEM 1 RECONSIDER ETHICS RESOLUTION A~TFION REQUESTED: Authority review and consideration of the ethics resolution and provide direction to staff. BACKGROUND: City Council suggested that the Authority should consider adoption of a resolution substantially similar to the City's Ethics Ordinance. The Authority has previously considered whether to enact regulations relating to ethics and conflict of interest. At the luly meeting, staff brought the matter forward and the Authority asked counsel to analyze the differences between the proposed resolution and the City Ordinance. Attached are the proposed Resolution and Memoranda comparing the draft resolution with State Statute and with the Authority's previously tabled resolution. Counsel will be prepared to provide a visual presentation to assist the Commissioners in comparing all three. FINANCIAL IMPACT: None. ADMINISTRATION (941) 643-0733/FAX 643.4084. OPERATIONS 643-0404/FAX 643-1791. E-mail airportOnaples,net I--) BUCKINGHAM, DOOL1TIZE & BURROUGHS, LLP 2 5551 la, icl~nnxxtDri~ Suit~201 N~Ies, FL 34108 941.5913232 Fax941.5919q84 www.bdblaw.com MEMORANDUM TO: FROM..' RE: DATE: August 10, 1999 Frank X. Kowalski Bryan K. Horsley · Naples Airport Authority/Proposed Ethics Resolution Below I will disduss Florida law concerning conflicts of interests, the prohibited receipt of certain gifts by public officers, and other prohibited transactions. References to the Naples Airport Authority proposed Resolution ("Resolution") appear in bold. I. GIFTS A. PROHIBITED GIFTS. Florida Statutes Section 112.313(2) provides that public officers, employees, local government attorneys, and candidates are prohibited from soliciting or accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that is based on an understanding that their vote, official action, or judgment would be influenced by such gift. This section is a broad catch-all type provision. In short, a public officer may not receive a gift, from anyone, when there is such appearance of impropriety. Gifts from lobbyists are covered in a separate section. Florida Statutes Section 122.3148(3) provides that a reporting individualt or procurement employee: is prohibited from soliciting any gift from the following: (1) a ! "Rq:~orting individual' means any individual who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to f'fle full or limited public disclosure of his or her financial interests. Sec. 112.3148(2Xe). Pursuant to Section 112.3145, "local officers" are required to file statements of financial interests. Pursuant to Section 112.3145(IX2), the members of the Naples Airport Authority fall within the definition of "local officers" and are, consequently, "reporting individuals." 2 "Procurement employee" means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government who participates tlu'ough decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or 16H political committee; (2) committee of continuous existence; (3) lobbyist who has lobbied his or her agency within the past 12 months; and (4) the partner, firm, employer, or principal of such a lobbyist. Further, a reporting individual person or a state procurement employee is prohibited from directly or indirectly accepting a gift worth over $100 from such a lobbyist, or from a political committee or committee of continuous existence; however, such a gift may be accepted on behalf of a governmental entity or charitable organization. Florida Statutes Section 112.3148(4). "If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift." Id._._~. The Naples Airport Authority ("NAA") Resolution contains a broader girl receipt prohibition than the statutory provisions. (Pursuant to Section 112.326, the NAA may impose additional or more stringent standards of conduct than those specified in Part III, Chapter 112.) As noted above, the statute expressly prohibits gifts in excess of $100 from lobbyists. Otherwise, the statute's other gift prohibition is rather vague and simply prohibits a gift "based on an understanding" that the gift would influence the public officer's actions. The Resolution, however, goes further and prohibits the receipt of any gift from anyone the public official knows or reasonably should know: (1) has, or is seeking to obtain business relations with the Authority; (2) conducts or represents a person or entity that conducts operations or activities with the Authority; (3) has interests that may be substantially affected by the performance or non-performance of duties of the public official; and (4) is in any way attempting to affect the official actions of the public official (Resolution, Section 3(A)) In addition, the Resolution also prohibits the acceptance of a gift from a subordinate public official; however, voluntary gifts of nominal value made on special occasions (marriage, birth, illness, retirement) and fund-raising for charitable purposes are exempt from this provision. (Resolution, Section 3(A)(2)) Bo OTHER GIFTS--DONEE MUST REPORT. Pursuant to Section 112.3148(8)(a), each reporting individual or procurement employee shall file a statement with the Secretary of State on the last day of each calendar quarter, for the previous calendar quarter, containing a list of gifts which he or she believes to be in excess of $1 O0 in value, if any, accepted by him or her, except the following: procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the ~ent of conlractual services or commodities as deftned in s. 287.012, if the cost of such services or cornmodifies exceeds $1,000 in any year. S~. 112.3148(2Xe) 2 16H 2 (a) (c) Gifts from relatives. Gifts prohibited by Section 112.3148(4) or Section 112.313(4). Gifts otherwise required to be disclosed by this section. Each reporting individual or procurement employee shall file a statement listing each gift having a value in excess of $100 received by the reporting individual or procurement employee, either directly or indirectly, from a governmental entity or a direct-support organization specifically authorized by law to support a governmental entity. Florida Statutes Section 112.3148(6)(d). o In addition, there is an exception to the above prohibition of receipt of gilts from lobbyists, etc. Florida Statutes Section 112.3148(6)(b) provides as follows: Notwithstanding the provisions of subsection (4), a reporting individual or procurement employee may accept a gift having a value in excess orS100 from an entity of the legislative or judicial branch, a department or commission of the executive branch, a water management district created pursuant to s. 373.069, Tri- County Commuter Rail Authority, a county, a municipality, an airport authority, or a school board if a public purpose can be shown for the gift; and a reporting individual or procurement employee who is an officer or employee of a governmental entity supported by a direct-support organization specifically authorized by law to support such governmental entity may accept such a gift from such direct-support organization. The Resolution does not contain any of the above provisions because it prohibits gifts which would otherwise be subject to reporting. Ho OTHER PROHIBITED TRANSACTIONS; A. DOING BUSINESS WITH ONE'S AGENCY. (See exemption below.) Florida Statutes Section 112.313(3) provides, in pertinent part, that "[n]o employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer, parmer, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or 3 16H 2 services to the officers or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision." This subsection does not affect or prohibit contracts entered into prior to: 2. 3. 4. October 1, 1975. Qualification for elective office. Appointment to public office. Beginning public employment. The Resolution contains a substantially similar "doing business with" provision. (Resolution, Section 3(fl)) -B. UNAUTHORIZED COMPENSATION. "No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thh~g of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local govemment attorney was expected to participate in his or her official capacity." Florida Statutes Section 122.313(4). The Resolution contains a similar provision in Section 3(A). C. MISUSE OF PUBLIC POSITION. No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. Florida Statutes Section 122.313 (6). The Resolution contains a similar provision at Section 3(C). CONFLICTING EMPLO~ OR CONTRACTUAL RELATIONSHIP. (See exemption below.) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall 4 an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. (a) When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to eonslxucting, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict. This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance. Florida Statutes Section 122.313(7). In some drafts, the Resolution omits most of the foregoing and merely prohibits a public official from representing, for compensation, another person or entity before the Authority. In other drafts, the state statute is incorporated in nearly verbatim form. E. POSTEMPLOYMENT RESTRICTIONS. It should be noted that these requirements, found in Florida Statutes Section 112.313(9), have been deleted from the proposed Resolution. 5 Fo CONTRACTUAL SERVICES. 16H 2 No agency employee who participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services shall become or be, while an agency employee, the employee of a person contracting with the agency by whom the employee is employed. Florida Statutes Section 112.3185(2). No agency employee shall, after retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract in which the agency employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, or investigation while an officer or employee. Florida Statutes Section 112.3185(3). No agency employee shall, within 2 years after retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract for contractual services which was within his or her responsibility while an employee. Florida Statutes Section 112.3185(4). The sum of money paid to a former agency employee during the first year after the cessation of his or her responsibilities, by the agency with whom he or she was employed, for contractual services provided to the agency, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this subsection may be waived by the agency head for a particular contract if the agency head determines that such waiver will result in significant time or cost savings for the state. Florida Statutes Section 112.3185(5). No agency employee acting in an official capacity shall directly or indirectly procure contractual services for his or her own agency from any business entity of which a relative is an officer, parmer, director, or proprietor or in which such officer or employee or his or her spouse or child, or any combination of them, has a material interest. Florida Statutes Section 112.3185(6). ~'lease note that the proposed Resolution does not contain any of the above "Contractual Services" prohibitions. 6 16H 2 III. EXEMPTIONS. Xo EXEMPTIONS FROM FLORIDA STATUTES SECTIONS 112.313(3) AND 112.313(7) Florida Statutes Section 112.313(12) provides that the requirements of sections 112.313(3) (Doing Business With One's Agency) and 112.313(7) ("Conflicting Employment Or Contractual Relationship) as they pertain to persons serving on advisory boards3 may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after public heating, by a determination by the appointing person and full disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if: ~ Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among all qualified suppliers of the goods or services within the city or county. The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: (a) The official or the official's spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; Co) The official or the official's spouse or child has in no way used or attempted to use the official's influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and (c) The official, prior to or at the time of the submission of the bid, has filed a statement with the Department of State, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of a political subdivision, disclosing the official's interest, or the interest of the official's spouse or child, and the nature of the intended business. The purchase or sale is for legal advertising in a newspaper, for any utilities service, or for passage on a common carrier. 3 "Advisory body" means any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than I percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. 7 ................... I II IIIII IIIII IIIIIII III IIIII III .....IIII I ........ II I '-- 16H 2 10. An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof. The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the business entity to the governing body of the political subdivision prior to the purchase, rental, sale, leasing, or other business being transacted. The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $500 per calendar year. The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such public board or body, provided it appears in the records of the agency that the govenfing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks. The transaction is made pursuant to s. 240.229 or s. 240.241 and is specifically approved by the president and the Chancellor. The Chancellor shall submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year. The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: (a) The price and terms of the transaction are available to similarly situated members of the general public; and Co) The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. ADDITIONAL EXEMPTION FROM SECTION 112.313(7) Florida Statutes Section 112.313(15) provides as follows: "No elected public officer shall be held in violation of subsection (7) if the officer maintains an employment relationship with an entity which is currently a tax-exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or otherwise enters into a business relationship with the officer's agency and: 1. The officers employment is not directly or indirectly compensated as a result of such contract or business relationship; 8 16} The officer has in no way participated in the agency's decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and The officer abstains from voting on any matter which may come before the agency involving the officer's employer, publicly states to the assembly the nature of the officer's interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s. 112.3143." The Resolution contains neither of the foregoing exemptions. 2 9 ~G-16-1999 10:09 ~ 9~! 6~B R~$OLUTION 9L7 4084 P. O~/lO 16/-/ A RESOLUTION OF THE ~ OF N~ AIKPORT AUTHORITY ESTABLISHING A CODE OF ETI~CS FOR SPECIFIED OFFICERS; PROVIDING A STATEMENT OF PURPOSE AND POLICY; PROVIDING FOR DF_FINITIONS; PROVIDING FOR STANDARDS OF CONDUCT FOR PUBLIC OFFICIALS; PROVIDENO FOR VCYI~O CONFLICTS; PROVE)ING FOR INTERPRETATION; PROVIDING FOR COMicLAIrdS; PROVIDING FOR A PENALTY; PROVIDING A SEVEKABILITY CLAU.~E AKD A.N EFFECTIVE DATF_ ~ 112, ~ rrl, Flo~h $t,~tut~, i:~vi~ s-umd~ of ooad~:~ for public off.~'i~ ~d ~nploy~, and NOW THEREFORE, BE IT RESOLVED BY THE CITY OF NAPLES AIRPORT AUTH~: SECTION 1. STATEMENT OF PURPOSE AND POLICY The put3,~ ofO~s tuohtiou is to promote the w~lf~ of the citize~ of th~ City of Naples Orerough the ~option of a Co~ of Ethics to gov~u all Public Officiah of the City of Naple~ Airpofi Anlhomy. To guard a{aiust t~ inlluence or the appeanm~ of such necessary s~d qmpruinia~ to enact this Code of Ethics rmolution RUG-16-1999 lB:lB NRR 941 643 a084 P.04/10 16H 2 SECTION 2. A. B. c. Fo~ tmrpo~s of t!~ ordimnce, "girl" mea.~ th~ which is ac~p~ b~ a don~ or !~ an~J~ o~ tl~ donoe's ~ or for which eq~ or ~er considera~n is not giv~ (a) (c) T._-~_'b~_ or ~-~_.-~_ _'~c pcrmna.I property. (e) A ~tinl rite o~ tcnns on a dclx, loan, g~ and is no~ cith~ a ~ovcrn.tne~ rste a~c to ~1 AUG-16-1999 10:10 NAA 941 643 4084 P.05/10 16H (m (i) ~) Forsiw. a~ of an Tral~portation. other ~ ~1 ~ io a ~blic F~ or ~. ~e~_~p ~ or ~gon f~. ~-~ f~ ~on ~ or g~ to ~ ~o~ or ~. ~, fl~ or fionl ~c~. ~f~o~ fi~ or ~. ~ ~ ~ f~ w~ch a f~ ~ ~ ~ ~ ~ or ~g ~ an a~ ~ not ~ ~ for in ~ ~o~ ,"QiW does not iaclu~: (a) (b) (c) (c) or expenses associated solely with the donec's employme~ buiiae.ss or servicz ss an official or dir~or of a corporafiou or orl~iz-atio~ Gifts rccr. ivcd where frieuchhip or family children or spouse) cidarty d~noustrates that tl~ mlafionsh/p, r~th~r than th~ b~incss of the p~r~ons involvcd, arc tl~ moth, sting faaors. Food or ~ ~ s~hen (I,) offcr~d fr~ in t~ cour~ of s prur~ssionai or civic meeting or group ruction at which att~ndanc~ is desirable becau~ ix will assist th~ IX~an in pcrformh~g his or hcr ol~iciaJ du~ics or, (2) proxi~cd to all panelists or s~ak~rs wtz~n a pe.r~n i~ l~snicipatlng as a pauelis~ o~ ~ iu a program, ~i~_, or ~cational Uusoiid~xi ~g or lXOmotiotal materials such a~ pens, l:Zzgils, notepad~ calencla~ and other itenxt of nominal intrinsic value may Ix: acc~ed, a~ well u job r~lated ~ giv~ for penici~fi~ in a I~gvam, mm~t or (1) of tramitel intfi~ie value and ~2) i~ ~h¢ nam~ of a ret~an~c~ tmlitional ~o ~ (3) Im~vi~ io all pan/cipams in th~ prolpa~ AUG-16-1999 10:10 NAA 941 643 4884 16H 2 (i) (J) An ~ pl~[ue, ccxtificau: or similar pa~on~iz~ item ~ ~ ~~ ~ ~'s ~lic, ~c, ~e or ~o~1 ~, A ~ ~ ~ on a ~ 1~ ~ or ~ w~ch ~ ~ ~ ~ ~te ~d b ci~ a ~nl cm¢~ or o~ ~ a m~ w~ ~o~ ~o~ a~, ~o~ ~x or m~o~ o~ 1~ ~Oc ~ h~d ~ ~ ~ ~ or o~cr ~cn~vc ~iw, ~ ~ ~blc or ~ ~ ~ held ~ ~e "~ ~ m~ ~ or in~ o~p of ~ ~ ~e ~n~ of ~c of~~ ~W. For ~e i~ ~p ~ ~clu~ ~p 1~ ~ ~5.~. ~y ~t ~ to ~ S~ ~ ~ ~ md ~ ~on~. D~or. ~ or ~ ~ ~). ~, ~, ~ ~e, h~-~w. Mn-~-law, ~-i~, ~-~-hw, ~-~-~, ~-~~ ~ who ~ ~c ~ ~ who o~ ~1~ ~ ~ ~e~ o~ ~ ~ ~ or ~ whom ~ ~ ~c~ or ~1~ ~ 1o fo~ ~ ~n ~ ~e ~ le~ ~ ~ ~c ~ic ~ or "~ ~ ~ phy~ ~ ~ 1~ ~ ~ ~ ~~ on ~ of a c~t I:1JC--16-1999 10:10 941 64:3 4084 P.07/]0 16H 2 S£C1'10N 3. STANDArRaS OF CONDUCT FOlq, PUBLIC OFFICIALS Public ofikials shall not solicit or accept directly or indirectly any f~ t:oznp~za~on, ~ smuity, froot, food, cnzv',~nt. loan or ~ny otl~r thln_~ of monetary value from anyone who the public oifkial imows or x-..asonably r, houid know: (a) ~ or is r, cck~ xo clxain con~ or other b,.~ncss or financial relations with the Amhoritr, ('o) cond~ or repr~ a p,n~n or ex~tity that conducts operations or nctivitics wtXh the airport. (c) has ~ that may 1~ suh~mt/ally affcct~ by the performance or nO~-l~efforman~ af duties of th: lmblic o~dal. is in any way au~-mlxmg to ~ect th~ official actions of the This paragraph is not imendod to proMbit a Imblic 0tlicial f~m ctxzining ~ 1~ from a fu~ncial insdtu~ion at a r'ae or ~hc public ~ ~ ~f ~ ~iadon, ag~, I~-1G-lCd99 10:11 941 643 4084 P,08/10 16H mnisgg, birh ofachUd, illn~ or rottromp. Nor docs ot~:it!'s spouse or child is an o~c~, panner, director or pr~ or in which such pubtic official or their spousc or child has a ~ intcrcsC No public otF~i~l sh~lL actiz~ in a priv~ capacid, ~ ~ or ~ s~y realty, goods or services to ~e ~l~'l. No pcm~ shill bchcld in violltion ~0oim~c~ co public c~c~ or ~ k'gizai~g of p. tdic Do Misa~ of l~bli¢ Posigc~ No pubUc o~c~l shaU tt~ or artcn~t to use his or her offal posilion or any ixope~ or ~sourc~ which m~ be wirain his or bcr trust ar pc~ his or her c~ial cmutrucd ~o conilia with ~x~ion 104.31 ~the Florida P/JC--16-1999 10:1~ ~ 941 643 4~3~ P.09/10 16H 2 Disclosure Or Us~ Of C, enain Information No l~blic ~ ~ disclose or ut~ information not avttlable to me:mbe~ orthe ~ public and pined by reason ofhi~ or bet otr:u;ial lX~ition for ~ Or her penot~ gl~ or bea~it or for the po'son~ gaia ot benefit of any otlxtr pcr. cm or bulintsi cntity. SECTION 4. VOTING ¢ON1~ICTS StCTION S. APPLICAB .H~!~ITf_TO LAW lq3UvlS SE1KVING AS ATTORNEY FO~ THE AUTHORITY 1. The ptovigoes of !hi_~ ordimnce r, hall be al~licabte to a law fu-m servia& as the AnthoritX's ~ toomeT(s) m the exam qmilical~ addr~,~ i~ the r~tio~ agrom~t or icpl this 1. ~ ~ z~ i~idmt or d~m/on which demanstra~ tl~t a~7 SZCTION & ~ 1. Ifmry mcIio~ o~ s~' scnloxc, ~ phrase or ~ of ~ ~lufion i~ f~ any rcasoa !~kl m be u~iiiag~l, k~pcrag~ or wid, tach holdiM shall RUG-~6-1c~ 10:11 HP~ 9al 643 16H 2 TOTRL P.10 CiTY OF NAPLES AIRPORT AUTHORITY 2 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34 104 TO: FROM: DATE: RE: *****MEMOR?dqDUM***** Honorable Chairman and Commissioners Theodore D. Soliday Executive Director 18 August 1999 OLD BUSINESS ITEM 2 DISCUSS DRAFT BUDGET ACTION REQUESTED:. Authority discussion of the Draft Fiscal Year 2000 Operating and Capital Budget. BACKGROUND:. The first draft of the FY 2000 Operating and Capital Budget was presented at the July Authority meeting. During August, staff has been working to identify any items that would require adjustment to this proposed budget. A Revised Draft Fiscal Year 2000 Operating and Capital Budget is attached for your review and comment. Land Revenues have been reduced to reflect the renewal of the four (4) Option Agreements in August. During the budgeting process, staff had anticipated that these Options would be exercised by 01 October. Land Revenue has been reduced by $17,500 to reflect the delay in the execution of these leases. We anticipate these leases will be executed by mid-February. As stated in the briefing paper for The London Company proposal, the acceptance of' this proposal by the Authority would impact the revenues of the proposed FY 2000 Budget. The Revised Draft reflects this adjustment in Building and Land Revenues. Total Operating Revenues are proposed to be $4,639,000, a reduction of $33,000 from the first draft. The FY 2000 Project Funding Summary has been adjusted to reflect additional expenditures in the Capital Improvement Budget and Vehicle/Equipment/BuildingBudget and additional funding in the Strategic Project Budget. The Capital Improvement Budget reflects the addition of a GAT Equipment Canopy in FY 2000, estimated to cost $40,000 and an additional $110,000 has been added to the estimated cost of the North Perimeter Road that is so far unallocated to a specific year. The Vehicle/Equipment/BuildingBudget has been adjusted to reflect additional projects that were budgeted in FY 1999, but will not be completed until after 01 October and additional funds ADMINISTRATION (941) 643-0733/FAX C~kB-.~Oa, OPERATIONS 643..0404/FAX 643-179 I. E-mail airporlOnaples.net Old Business Item 1 Budget Discussion Page 2 16H allocated in FY 2000 for Phase II of the Key Lock project. The increase in the Carry Forward is $70,000 with an additional $25,000 added for FY 2000. The Strategic Project Budget reflects an additional $20,000 in FDOT funding during FY 2000 for the Part 161 Study. All text, graphs and tables have been updated to reflect these changes. FINANCIAL IMPACT_.' The change in the budgeted Operating Revenues for Budgeted FY 2000 provides for an Operating Margin of 18.1%, a reduction of 0.3 %from the earlier draft. Budgeted Net Income for FY 2000 is reduced by $33,000 to $142,000. Neither the first draft or the revised draft Budget reflects any revenue associated with the Warren Aircraft Option, or any possible option revenues derived from the rental of the three (3) parcels that we have been working on with prospective tenants. Revenue is anticipated for the execution of two (2) leases for parcels in the South Quadrant beginning in March 2000. No revenue has been anticipated for the execution of a lease for one (1) parcel in the North Quadrant The adjustments made to the revised Capital Budget reflects a 1.5% increase ($135,000) in capital expenditures for FY 2000 and a total increase in capital expenditures over the five (5) year period, including the unallocated expenditures, of less than 1% ($245,000). The adjustments to the proposed Revenues and the proposed Capital expenditures has a minimal effect on the five (5) year Funds Summary. CITY OF NAPLES AIRPORT AUTHORITY FISCAL YEAR 2000 [REVISED DRAF~ OPERATING AND CAPITAL BUDGET 16H 2 FISCAL YEAR 2000 BUDGET CONTENTS EXECUTIVE SUMMARY '.HISTORICAL COMPARISONS FY 2000 OPERATING BUDGET INFORMATION FY 2000 OPERATING BUDGET ASSUMPTIONS CAPITAL BUDGET INFORMATION FUNI)S SUMMARY 1 4 8 14 18 26 EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY The Naples Airport Authority was created by State Enabling Legislation and City of Naples action in 1969. The City, recognizing the benefits of an Authority type management concept, established the Airport Authority in the interest of removing the airport from community tax rolls. Although records regarding the value of the airport do not exist for the initial years, the Airport Authority has operated in the black throughout its lb'st quarter century and, in fact, has increased the value of the airport by over $20 million dollars. Audited figures in 1973 showed the value of the airport (assets minus liabilities) to be $266,550 as compared to the 1998 audited value of $20,302,000. The budget for Fiscal Year flY) 2000 relates to an effort by the Authority and staff to enhance internal and external communications and customer service, improve noise abatement procedures, and continue to maintain equipment and the airport facilities including improving the appearance of the airport. The Operating Revenue Budget reflects an increase in income of $506,000, based on a modest increase in activity and adjustments to fuel prices and hangar rates. The Operating Expense Budget has been developed conservatively with no increase in staffing levels in an effort to maintain the status quo, continue to provide the services to which our customers are accustomed and provide for any unexpected problems. The net result will be Operating Income that continues to increase therefore providing a margin sufficient to cover capital project expense. This budget also has $1,000,000 in reserves appropriated for capital contingencies, and $350,000 for emergency operating contingencies. The Operating Budget for FY 2000 is summarized as follows: ~ting Revenue~ . O~rafine Ex~nses '. Net Income from Operations Othe. r Income/Ex~nse Capital Depreciation Expense Net Income $ 4,639,000 $ (3.212.000) $ 1,427,000 $ 245,000 $(1,530,000) $ 142,000 2 16H 2 The Five (5) Year Capital Improvement Program emphasizes capital, revenue enhancement, environmental, strategic, and repair and replacement projects. This plan includes stormwater improvements and landscaping, as well as pavement rehabilitation for auto and aircraft: parking areas. A rental car wash facility and hangars are planned to enhance our revenue stream. There will be continued exotic tree clearing to maintain our rimway safety areas. Building maintenance needs for our terminals and hangars as well as future needs for vehicles and equipment are also included. These capital projects will be funded with the assistance of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). Their combined efforts will provide $3,436,500 in funding. In addition, during FY 1999 we applied to collect and use Passenger Facility Charges (PFC's) to pay for three (3) Commut-A-Walks to be used by the commercial airlines and to give the Commercial Airline Terminal a face lift through interior improvements. The $475,000 in PFC funding for these projects will be collected over the next several years at the estimated rate of $160,000 per year. We were able to eliminate long term debt for the Authority in FY 1998 with the redemption of all remaining outstanding bonds. During FY 2000 we will be looking towards debt financing to enable the Authority to finance several large capital projects; the Rental Car Wash Facility, the construction of T-hangars, Stormwater Improvements, various pavement projects and the above mentioned PFC projects. These projects will enhance revenues and/or increase safety and environmental efficiency. The Capital Budget for FY 2000 is as follows: Total Capital Budge.t Total Outside Funding Authority Funds $ 9,190,000 $ 3,596,500 $ 5,593,500 We have allocated all funds available during FY 2000 for operating expenditures, capital . expenditures, and reserves for capital and operating contingencies. The Authority's intent is to . continue to manage and operate the Naples Airport as a financially sound entity. The plan for FY ' 2000 and beyond is to show our continuing effort to do just that in a safe and efficient environment. HISTORICAL COMPARISONS 4 16H 2 HISTORICAL COMPARISONS The following charts depict ten (10) year comparisons of operations, fuel gallons and commercial passenger activity for the fiscal years 1996 through budgeted 2000. TEN YEAR COMPARISON OF OPERATIONS AND FUEL GALLONS According to the trend over the last ten years, operations have increased an average of 1% per year. Operations remained relatively flat from FY 1991 through FY 1994, with between 115,000 and 108,000 operations per year. Since then, we have seen a slight trend upward to an estimated 127,000 for FY 1999. Budgeted FY 2000 reflects a continuation of the trend line, projecting a modest 4% increase over the estimated FY 1999 level. Total fuel gallon sales have increased since 1990 from a total of 1.9 million gallons, to a projected 3.3 million gallons for FY 2000. As depicted, aviation gasoline (avgas) sales remain relatively constant, w/th the FY 1997 through estimated FY 1999 growth attributed to the installation of a Self-Fueler and an increase in flight schools. Jet A fuel gallon sales have increased 1.5 million gallons since FY 1990. The loss of our largest commercial airline fuel user in FY 199 I, is reflected in the reduction of Jet A sales in FY 1991 and FY 1992. It wasn't until FY 1994 that we met the same level of sales that we obtained in FY 1990. The upward trend in Jet A fuel gallon sales since FY 1995, is attributed to the restructuring of our fuel sales program, implemented in our first published Rates and Charges. Total fuel gallon sales are estimated to increase by 4% in FY 2000. COMPARISON OF COMMERCIAL PASSENGER ACTIVITY Projected total enplanements and deplanements for FY 2000 are only slightly above the FY 1990 activity level. Total passengers increased significantly to 170,000 between FY 1994 and FY 1996 as a result of four (4) additional commercial airlines. Total passenger activity for FY 1997 decreased to 128,000. This was a result of Comair, Gulfstream, Continental Express and Vintage ceasing operations in Naples. The full impact of the loss of these airlines was felt in FY 1998 when total passengers reached only 119,000, a 30% decrease from FY 1996. Estimated figures for FY 1999 are 62,000 enplanements and 61,000 deplanements, for a total of 123,000 passengers. This '. represents a gain of 3% over Fiscal Year 1998. We anticipate an additional 3% increase in total . passengers during FY 2000 due to additional flight scheduling equivalent to the FY 1997 level. 16H 2 ~ o° o o ~ o c~ o o o o o o % % % %, % % % o% 16H 2 16H FY 2000 OPERATING BUDGET INFORMATION 161t 2 FY 2000 OPERATING BUDGET INFORMATION To develop FY 2000 operating expense budget projections, each line item has been looked at very careful[y, those items identified which we would like to accomplish and exact expenses determined as they specifically relate to each area and department. Staff has utilized both the FY 1999 Budget and estimated actual FY 1999 figures to forecast the FY 2000 Operating Expense Budget. Staff, throughout the year, has made significant efforts to control expenses. This was done to keep expenses in line with less than anticipated revenues that were experienced in order to maintain the margin that was budgeted for Capital expenses. Staff is dedicated in the future to maintaining the relationship between revenues and expenses to accomplish the budgeted margin. OPERATING REVENUES We have revised the format of our Operating Revenues to reflect Net Fuel Sales as opposed to Gross Fuel Sales. We believe that this format will provide a clearer reporting of our current fuel sales and make it easier to compare our fuel margin to budget and prior year amounts. Revenues from the users of the Airport are projected to total nearly $4.6 million representing a $506,000 increase over estimated FY 1999. The increased revenues will result from projected increases in fuels sales, concession fees, aircraft storage and parking fees. We are also anticipating increased revenue from line service and an increase in revenues from land leases. Revenues from building leases is anticipated to decrease slightly due to the removal of several old NAA buildings which are to be replaced with new tenant constructed facilities. These increases are based in pan on modest increases in operations, passengers, and fuel gallons sold. We believe our fuel will continue to be among the lowest priced in the country and our service second to none. The Authority has provided the General Aviation customers with considerable improvements in recent years; such as the Pilots Lounge, which provides a meeting place for pilots and the general public as well as access to FAA services, the Self-Fueler that offers fuel at lower ' prices and the Airport Office Building that provides a meeting room and pilot shop. In FY 1999 '.he ', new $2 million General Aviation Terminal was completed with enhancements and improved services surpassing those which had been provided in the past. FY 2000 will see the completion of the North Road project projected to enhance safety and the start of major stormwater improvemenu. There will also be the addition ofa self-fueler on the North Ramp, pavement improvements to the General Aviation apron and auto parking lot, and capital expenditures for hang ar maintenance 9 16H 2 OPERATING EXPENSES Operating expenses are projected to total slightly over $3.2 million which represents an increase of $256,700 over estimated FY 1999. This increase will result from increased personnel costs due to salary adjustments for cost of living and performance. Also included are related costs for employee insurance, retirement, training and any associated travel. There will be no increase in staffing levels. We are also planning additional expenses in computer/MIS services for consulting and support services relating to Y2K, engineering services for small engineering projects and surveying, classified advertis'ing related to noise meetings and articles, environmental services for water analysis sampling, printing expense for the implementation of our revised logo, tower expense for increased communication lines and maintenance on the Brite Scope, auto gas and pilot services for increased activity, increased maintenance expenses due to the new GA Terminal and Maintenance Facility, additional landscaping, and equipment, and a plant maintenance service for both the Commercial Terminal and the GA Terminal. INCOME FROM OPERATIONS Operating income, which represents operating revenues and operating expenses, is projected to total $1.4 million for FY 2000 an increase of $249,300. This will result in an operam~g margin of ! 8.1% and can be attributed to conservative fuel revenue projections based on average growth, current and optioned leases, expense items based on anticipated operating needs, enhanced internal and external communications, and the continuation of available services. This income will contribute significantly to maintain safety, improve the appearance of the airport facilities, eliminate exotics and improve water management. We will continue to improve our customer service and to provide the best facility found anywhere as we work to live up to our motto of"The Best Little Airport in the Countrfi'. OTHER INCOME/EXPENSE Other Income is projected to increase by an estimated $25,000 as a result of passenger facility charges that are expected to increase as passengers increase. Interest Income and other income and · expenses are projected to remain the same as estimated FY 1999. 'DEPRECIATION EXPENSE Depreciation expense is projected to increase significantly due to the completion of nearly $4 million of capital projects added during FY 1999 and an additional $4 million that will be completed during FY 2000. Depreciation is a non-cash expense that allows the Authority to recognize the capital costs of the airport on an annual basis over those periods expected to benefit from the improvement. 10 CITY OF NAPLES AIRPORT AUTHORITY BUDGETED INCOME FROM OPERATIONS FISCAL YEAR 2000 16H OPERATING REVENUES FUEL REVENUE Gross Fuel Sales Cost of Fuel Sales Net Fuel Revenue NON FUEL REVENUES Concession Fees Hanger/T-Shelter Rents Building Land Commerdal Nr Transportation L~e Serv4ce s UnantJdpated Revenue Total Non Fuel Revenues Total Revenue~ OPERATING EXPENSES Salaries and Wages Payroll Taxes HealON Plan Pensions Training Travel and Meetings Employee Recognition/Affairs Legal Fees Audit Servk~s Ot,~er Professional Services Computer/MIS Serv~cee Englneermg,~'lann~ng Services C3asalfied Advert~ln~ Insurallc~ Telephone Utilities E.~onmenlal Services Office Supplies Prtnt~-~ Posta9e Tower ARFF OperaUons Police Services Due s/S ubso'lpti on/Fees Auto GaUl:)iosel Fuel Pilot Services Miscellaneous Expenses Total Operat/ng Expenses Repair & blaintenance Expenses Bu~ldb~g Maintenance AIrfield Maintenance Grounds Maintenance VehlcJe Maintenance Equipme~ Maintenance Small Tools, Equipment and Suppries C~eanbg Supplies TOTAL AIRPORT OPERATING EXPENSES IHCOME FROM OPERATIONS ACTUAL BUDGETED ESTIMATED BUDGETED FY 1998 FY 1999 FY 1999 FY 2000 4,231.687 $ 5,185,000 S 4.961.600 $ 5,723.000 2,394,299 3,176,000 2,852,200 3.25~.800 1.837.385 1,989,000 2,109,400 2.466.200 579,171 856,000 5~4.500 607.800 576.015 594,000 591.100 632.500 270.931 299,000 294,500 288.100 312,575 329,000 332,000 409,800 131,895 146.000 140,800 147.000 71,974 78.000 79,200 ~,,600 34.393 6,000 1.500 3,000 1,975,954 2,108,000 2,023,600 2.172.800 3,814.342 $ 4,097,000$ 4,133,000$ 4,$39,000 1,282,303 $ 1,384.500$ 1,407,000$ 1.492,700 97,552 10~.000 107.100 114.200 177,050 208,00<3 178,000 208,000 83,080 86,000 87,800 94,800 17.594 18,500 19,300 lg,300 43,130 39.500 32,200 40,000 25,027 36,000 30,300 37,000 4,910 10,000 10,000 12.500 156,838 136,000 136,000 136.000 18.425 26,000 28,800 26,800 17.875 35,500 35,500 38,000 13,130 16.000 20,000 24.500 14.344 12,000 17,500 20.000 6,020 5,000 3,500 9,300 42,161 60,000 40,200 40,000 147,139 163.000 161,000 170.000 43,948 38,500 46,500 48,000 135,652 140,000 156,000 180.000 2,376 5,000 3.300 5,600 21,985 14,000 14,000 17.000 10,178 8,000 4,200 9.200 11.168 15.500 11,000 15.500 23,730 33,000 31.700 42,400 137,496 149.000 146,000 154,400 35,000 38,000 37,400 37.000 13,524 17,000 15,900 17,000 14,025 17,000 13,500 14,900 11,28~ 11,000 13,100 14.800 7,386 1.200 0 1,200 2,594,234 2,829.200 2,804,800 3.020,100 51,827 53,000 42,500 62.000 24.145 27.000 23,000 26,000 15,633 17.000 14,500 22,000 6,149 10,000 7,500 9.000 33,950 33.000 29.300 35,000 19.672 21,000 24,000 25.000 10,015 12,000 9,800 12.800 181,391 173,000 150.400 191,800 ~75&,628 S 3,002,200 $ 2.955,200 S 3,21t.900 1,058,717 S 1,0G4,80~ ~ 1,177,800 $ ,1,427,100 11 16H 2 CITY OF NAPLES AIRPORT AUTHORITY SUMMARY INCOME STATEMENT FISCAL YEAR 2000 Budgeted FY 1999 Estimated FY 1999 Budgeted FY 2000 Net Operating Revenue Operating Expenses Income from Operations Total Other Income/Debt Service * Income Before Depreciation Total Depreciation Net Income $ 4,097,000 $ (3,002,200I $ 1,094,800 $ 256,800 1,351,600 (1,200,000) $ 151,600 $ 4,133,000 (2,955,200) 1,177,800 219,400 1,397,200 (1,200,000) 197,200 4,639,000 (3,212,000) 1,427,000 245,000 1,672,000 ,,(1,53o,ooo) 142,000 · Breakdown: PFC's Interest Bonds Other Expenses 150,000 $ 136,500 $ 160,000 150,000 124,000 125,000 0 0 0 0 1,900 1,800 (43,200) (43,000) (41 ,aoo) 256,800 S 219,400 245,000 12 16H o o O0~=/.96~la§~Je^¥/q!O SpJ~emnsuoo ueqJrl IIV -Id::) 0 0 0 0 0 0 0 0 0 0 I i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Fu~,,,mns emOOUl 13 16H P~ FY 2000 OPERATING BUDGET ASSUMPTIONS 14 FY 2000 OPERATING BUDGET ASSUMPTIONS 16H Descriptions or Assumptions Used Budgeted Account Name for Budgeted 2000 2000 OPERATING REVENUES: Net Fuel Sales Based on increased activity and increase in fuel rates. 2,466,200 Concession Fees Increase based on 3% increase in passengers and additional off-airport car rental fees. 607,800 Hangar/T-Shelter Rents Based on full occupancy ot hangars and t-shelters with a rate adjustment effective 10/1/99. No antidpated increase in usage of Executive Hangar or daily hangar rents. 632,500 Building Based on current leases and anticipated removal of existing buildings. Rental rates to be adjusted where applicable. 288,100 Land Based on current leases plus additional leases for sites in the North and South Quadrants, and four Airport Road Special Events. Rates to be adjusted where applicable. 409,800 Commercial Air Transportation Anticipated 10% increase in Joint Use in Common Fees as of 1/1/00. 147,0OO Line Services Increase in activity and slight increase on current rates charged, 84,600 Unanticipated Revenue Miscellaneous revenues including charges for copies and outgoing faxes. 3,000 TOTAL OPERATING REVENUES: $4,639,000 FY 2000 OPERATING BUDGET ASSUMPTIONS' 16H Descriptions or Assumptions Used Budgeted Account Name for Budgeted 2000 2000 OPERATING EXPENSES: Salaries and Wages ' ' Based'on budgeted I~ou'rs~ adjustments for ' >erformance evaluations rangin9 from 2% to 5%. Same staffing levels as FY99 Budget. $1,492,700 Payroll Taxe~ Salaries and wages {~',0~'65. 114,200 IZlealth Plan Current plan plus addition of employees when eligible, plus NAA wellness program, long term disability coverage, EAP/EAS program, and a contingenc7 for rate increases. 208,000 Pensions .Eligible employees (~ 6% of annual salaries and wages, and Executive Director per contract. 94,800 Uniforms and Laundry Standar~ uniforms for non-administrative personnel., Includes summer uniform program for all employees. 19,300 Training Includes in-house management, customer 'service ' and HR training, tuition and professional seminars and conferences, and safety program. 40,000 Travel and Meetings Business/conference/seminar travel. 37,000 Employee Recognition/Affairs Emp'ioyee recognition awards, plaques, certificates and pins. Also to include two NAA employee events, 12,500 Legal Fe~S" ' Based on cun'ent activity and c~ntingency. 136,000 Audit Services Based on cun'ent contract plu's audit fees for auto' rental companies and other tenants. 26,800 Other'Professional Services ~ar~ous outside se'rvices including, Muzak for CAT .and GAT, photography and graphics, pension plan administration and bank fees. Also includes consulting services for human resources, noise abatement, and accounting. 38,000 Computer/MIS Services ConsultJng and training s~'rvices and equipmentJsoftware upgrades and maintenance. 24,500 Engineedr~g & Planning Services Small engineering projects and surveying. 20,000 classified Advertising Employment, RFPs, purchases,' publi'C noise meeting notifications, quarterly community articles, noise committee ads. 9,300 Communication~ ' ' Va'dous pamphle[s and brochures, Annual Re13ort, special events and promotions, and related mailings. 40,000 Insurance Based on current policies plus' co'nti~gency for rat~ increases and deductibles, and employee drug testing. 170,000 Telephone Based on cun~ent activity. ' ' ' 48,000 Utilitie.~ B~secl on current activity. 1 o,oo.o_, E~vironment. al Services Disposal of waste oil ;'nd f'Htera, water analysis samples, and well monitoring, 5,600 Office Supl~'lies General offic~ supplies for all departments.'- 17,000 2 16 FY 2000 OPERATING BUDGET ASSUMPTION§ 16H Descriptions or Assumptions 'Used Budgeted Account Name for Budgeted 2000 2000 Printing General printing including letterhead and business cards, checks, and various NAA publications, Printing related to noise and communications is allocated to the specific line item. Continuing with the use of recycled products. 9,200 ~Postage No increase over FYgg Budget. 15,500 Tower General repair and maintenance of building and ~equipment~ plus utility an, d,,telephone service.42,400 AP, FF Operations Includes cost of contracted City fire personnel, repair and maintenance of fire equipment and building, utility service and fire fighting chemicals.154,400 Police So.ices service provided from the Ci'ty'of Naples Police Department per contract. ,37,000 Dues/Subscription/Fees Organizations and memberships, licenses, permits, and fees, and dues, subscriptions and publications.' 17,000 Auto Gas/Diesel Fuel Auto gas and diesel fuel for Authority vehicles. 14,900 Pilot Services Vadous services ma~le'ava'ilal~le to GA' and ' -' Corporate pilots, including satellite service, newspapers, coffee, WSl, red carpet service, and printing. 14,800 'Miscellaneous Expenses FY 1999 Budget 1,200 TOT~,L OPERATING EXPENSES ' ' 3,020, t00 REPAIR'& MAINTENANCE'EXPEN$ F-S Building Maintenance Routine maintenance and repair o! Authority owned buildings, including carpet, furniture, and window cleaning, fire alanm monitoring and inspections, elevator maintenance, and plant maintenance for CAT and GAT. 62,000 lAirfield Maintenance ' ' Routine mainrenan'co' and repairl including signage, tree service, paint, fence repair, runway lighting, secudty gates, and ramp lighting repair, 26,000 Grounds Maintenance Routine maintenance, in~uding fertiltzer, weed killers, mulch, sprinkler maintenance, plant maintenance, and palms/hedge trimming. 22,000 Vehicle Maintenance General maintenance and repair o'f NAA vehiclesl 9,000 Equipment Maintenance ' ' General mainienance and repair for t~ctors and mowers, fueling equipment, radios, telephone system. and office equipment maintenance contracts. 35,000 Small Tool, Equipment & Supplies Small equipment and supplies for ail departments, and noise abatement signage. 25,000 Cleaning Supplies Custodial cleaning and paper goods. 12,800 TOTAL R & M EXPENSES 191,800 TOTAL AIRPORT OPERATING EXPENSES 3,211,900 iNCOME FROM OPERATIONS 2 CAPITAL BUDGET INFORMATION 18 16H 2 CAPITAL BUDGET INFORMATION The Capital Improvement Plan (ClP) is organized into five major categories of capital projects for FY 2000 through FY 2004. This will allow the Authority to more easily prioritize projects should funding from outside agencies, the FAA and FDOT, not be made available. Contingencies have been budgeted as reserves in each of the categories listed below for yet to be identified or unexpected items. CAPITAL IMPROVEMENTS include those expenditures for the repair, replacement and/or addition of facilities. Expenditures in this category are expected to increase the useful life of a particular asset, to provide for new and/or replacement facilities, or provide for land improvements. REVENUE ENHANCEMENTS include those projects that would result in a revenue stream to the Authority within one year of their development. In the past, many of these have enjoyed 50% funding provided by the FDOT. State funding for these types of projects for airports our size was discontinued a few years ago but will be available again in the future. We have also established a lease site development contingency for those expenditures associated with preparing a site for leasing. These projects should provide a return on investment (ROI) and return capital to the airport as established by the Authority. ENVIRONMENTAL PROJECTS include those expenditures for stormwater management, land clearing to maintain the clear zones for safety, mitigation of wetland areas for future development, and a contingency for unidentified environmental liabilities and remediation. STRATEGIC PROJECTS include the Exhibit A and Noise Studies that will provide for long term viability of the Authority. EQUIPMENT AND VEHICLE REPLACEMENT programs provide for the repair and/or replacement of Authority vehicles, equipment and buildings on an average life basis and for the purchase of new items on an as needed basis. The Capital Budget for FY 2000 includes carry forward projects that were not completed during FY 1999 and new projects planned for FY 2000. The expenditures for these projects represent a tote[ of $9.19 million. Thirty-nine percent (39%) or $3.6 million, is anticipated to be funded by the FAA, FDOT, and Passenger Facility Charges (PFC's). Operating Revenue and debt financing will fund the , remaining $5.59 million or 61%. One million dollars ($1M) of the $5.59 million is allocated as · reserves for unforeseen and unanticipated emergency capital expenditures. This level will be · maintained for future needs. The Five Year Capital Budget estimates total expenditures for capital development for FY 2000 through FY 2004 to be as much as $30.5 million. Federal (FAA) and State (FDOT) agencies and PFCs are projected to provide 51.4% of the funding which represents $15.7 million. The FAA and FDOT funding is not guaranteed but represents the optimum amount that could be available. Operating Income and Capital Reserves will fund the remaining48.6% or $14.8 million, and additional expenditures should outside funding not be available. 19 .. 16H 2 16H 16H 2 16H 2 16H FUNDS SUMMARY 26 16H 2 FUNDS SUMMARY The following summary provides detail of the Authority's projected available funds including balances from the beginning of the year and revenues and other income for the five fiscal years 1999 through 2004. It also provides detail of projected appropriations for five years including operating expenditures, debt service, capital expenditures, and reserves for capital and operating contingencies. AVAILABLE FUNDS The Funds Balance includes all reserves at the beginning of each fiscal year. Operating Revenues represent income'less the cost of fuel sales and before all other operating expenses. Bond/Note Proceeds represent funds to be acquired to pay for the construction of a Rental Car Wash Facility planned for the South Quadrant, Commercial Terminal improvements, Airport Road Stormwater Improvements,pavement projects, and fuel farm enhancements. Interest Income assumes interest earned on investments at the current rate per annum. PFC (Passenger Facility Charge) revenues represent fees charged for each paying passenger enplaned to finance eligible airport related projects for which an application to collect and use PFC's for specific projects was submitted and approved by the Federal Aviation Administration (FAA). We are currently collecting PFC's for the expansion of the Commercial Terminal Apron completed in FY 1996. The PFC's will continue during FY 2000 through FY 2004 and the funds will be used for the purchase of three (3) Commute-A-Walks and CommercialTerminal improvements. Rental Car Facility Charge will be collected from the rental car companies once the facility is operational. The charge is planned to be $3.00 per car and will be collected until the facility is paid ' for. It is estimated to generate $35,000 per year beginning in FY 2001. Contributed Capital are the funds received from the Federal Aviation Administration (FAA) and the Florida Department of Transportafion(FDOT) grants to share in the cost of capital projects eligible for this funding. These fands are not guaranteed and should they not be available, capital reserves can be utilized in lieu of them. 27 2 APPROPRIATIONS Operating Expenditures include the many various costs of managing and operating the airport. Debt Service represents both estimated principal and interest payments on a $4 million dollar revenue bond. The funds will be obtained and used during FY 2000 and FY 2001 to construct a Rental Car Wash Facility and other capital projects including stormwater improvements and T- Hangars.. Principal and Interest payments are anticipated to begin during FY 2001. Capital Expenditures, including the FY 1999 Carryforward are outlined in the five year capital budget. These values represent the total mounts for planned capital improvements. Capital Reserves include the remaining carryforward reserves from FY 1999 with additional funds added during FY 2000 to bring the total to $1,000,000. Once these reserves reach this amount they will be maintained and used for necessary unforeseen and unanticipated emergency capital expenditures. These reserves are allocated to each of the Capital Budget categories in the following amounts: Capital Improvements Revenue Enhancements Environmental Strategic Projects Vehicle/EquipmenVBuilding $150,000 150,000 500,000 80,000 120,000 Funds have been allocated for Operating Reserves that will enable the Authority to continue its operations should any unanticipated emergency or disaster (hurricane) arise which results in the interruption of' revenues. It has been established that funds to cover three (3) months of necessary operating expenses be maintained. This will cover expenses for personnel, administrative costs, insurance, utilities, tower, fire, police, and maintenance. This number has been determined to be $250,000 per month for a total of $750,000 to be set aside for this purpose. The current balance is $300,000 to be increased to $350,000 during FY 2000. This fund will continue to increase over the next five (5) years until a total of $750,000 is reached. 28 z O0 goo0 oo ~ooo~ol~I · 00000 0 0 ~ 0~ ~ ~o~ o 16H 000000 000000 00~00~ g oooo oooo~ 000000 ~0~00 0~00 ~ ~0~ oooogoog o o oooooo o~oo~ 000000I 0 0000 0 2 29 CITY OF NAPLES AIRPORT AUTHORITY 16H 2 1 60 AVIATION DRIVE NORTH NAPLES, FLORIDA 34 t04 ********************* TO: Honorable Chairman and Commissioners FROM: DATE: RE: Theodore D. Soliday Executive Director 18 August 1999 NEW BUSINESS ITEM 1 GOLF COURSE STUDY ACTION REQUESTED: Authority to consider moving forward with a Committee to study the feasibility of constructing a golf course on airport property. BACKGROUND: Several weeks ago, Council Member Nocera suggested the idea of constructing a golf course on airport property. Recently, Dr. Woodruff and Mr. Nocera met with Mr, Thornton and Mr. Soliday to further discuss the feasibility of such a plan. At the City Council meeting today, the Council approved the formulation of a Committee to study the plausibility of this proposed project. ADMINISTRATION (941 ) 643-0733/FAX 643-4084. OPERATIONS 643.0404/FAX 643-179 I, E.rnail airporlOnaples.ne[ 2 MANAGEMEI~T TEAM REPORT A~,,~USY ~ I~0MM l,J NI(~A.TI O..N $ AUDIT In response to the Authority's request, staff is researching companies that provide communications audit services. One vendor was located that provides utility audits, including communications, through the State of Florida Contract Program, however, this contract would require a five (5) year commitment from the Authority. Staff believes that the airport would be better served by a one-time audit and is moving forward with requesting proposals for this type service. ADMINISTI~TION,/LEASING,/FINANCE/HUMAN RESOURCES DEPARTM!$NT Wentzel, Berry, Wentzel & Phillips, P.A. will be conducting audits of Budget and Enterprise rental car operations at the end of August. An audit of National rental car operations will be conducted within the next three months. Information concerning the findings of the audits will be provided to the Commissioners. Staff has also scheduled the week of September 27t~ for Wentzel, Berry, Wentzel & Phillips, P,A. to be on site to do preliminary work for the FY 1999 Audit. We have two new Customer Service employees. Molly Pope joined our staff on 27 July, and comes from Columbus, Ohio. Louise Reeves came on board July 29t~ and has lived in Naples for ten years. Chuck Gifford, part-time line tech, resigned August 9th. Mr. Gifford is currently employed with WilsonMiller. Pat Berry will fill this part-time vacancy. Mr. Berry is a former member of our teaan and we're pleased to have him back, Loft Schultz accepted a position with our custodial department. Ms. Schultz grew up in the Ft. Lauderdale/Hollywood area and has live in the Naples area for four years. Maria Ayala, a member of our custodial staff, terminated her employment with us. This position has been advertised and will be filled as soon as possible. Richard Becker resigned from our security department this month. John Fako was selected to fill t~his vacant position beginning August 10~. Mr. Fako is a familiar face at the Airport as a Civil Air Patrol volunteer. As of the end of July, T-Hangars and T-Shelters were at full occupancy. We have been notified of one T-Shelter that will be available for lease as of September 1=. Notifications have been mailed to the three highest ranked Waiting List applicants. Staff continues to work with tenants concerning insurance and subleasing issues. Notices for the renewal of insurance certificates and notices of expired insurance certificates were mailed the last week of July. 2 Staff continues to work with existing and prospective tenants concerning land leasing. We anticipate bringing several agreements to the Authority in the near future. Office #5 in the Executive Hangar was leased to a private investigating firm on 15 August. Their business does not require public access to their office. A public auction is scheduled for 11 September 1999 at 10 AM to dispose of surplus items. An inventory of these items was completed and was reviewed by the Executive Director, in accordance with our procedures. No single item has a current book value in excess of $10,000. The total oarrent book value of the surplus items is approximately $19,000, There are over 250 items to be sold at auction. Staff is working with the FAA and FDOT to obtain the necessary permission for the airport to contribute the rotating beacon and fire fighting skid units, that were recently replaced, to the Collier County Airport Authority. Staff is continuing to work on the revisions to our Disadvantaged Business Enterprise Program as required by the FAA The deadline for this is September i4. We are also continuing to work on enhancements to our Employee Recognition Program so that they will be ready to implement by October Annual performance appraisals for our employees are being prepared and will be given to each employee prior to October 1". Any adjustments to salaries will be effective 1 October. OPERATIONS DEPARTMENT Airfield The grass runway was closed for seventeen (17) days during the month of July due to consistent rainfall. Three (3) alerts were declared during the month of July, as follows: I. Alert 1 - C310 experienced unsafe landing gear problems upon approach to Rwy 23. Aircral:~ performed a fly-by and landed without incident. 2. Alert 1 - Cherokee experienced engine problems on approach to Rwy 32. Aircra.q landed safely without incident. 3. Alert2 - Lear 35 experienced smoke in cockpit and loss ofpressurization after departing APF on Rwy 23. Subsequently, the pilot advised the situation was under control and continued to their scheduled destination. Alert cancelled. Page 3 2 Runway inspections were conducted aiter all alerts and there appeared to be no damage to airport property. Fuel Sales Comparison As of 8 August 1999, Jet A fuel sales were up 24.3%, Avgas sales were up 12.2%, and total fuel sales were up 22.1%, compared to the same date in FY98. These percentages are calculated by gallons pumped. Training Operations staff attended an annual HAZWOPER training course designed to bring first line employees into an operations/awareness level to recognize and respond accordingly to a hazardous material incident. Emergency Planning The Disaster Preparedness Working Group met on 23 July 1999. Mark Houghton provided additional details about the vests and the labeling system that is being developed to assist with keeping track of manpower, resources and deployment of personnel at an incident scene. This is the same system used in any type of Incident Command System; however, additional labels for the vests have been made to incorporate the different airport entities and various outside agencies. Everyone responding to an incident will go through staging where the Staging Officer will assign them a vest identification tag. As long as the Staging Officer position is established, and it is in line with the Incident Command Post, the system should work. A small-scale exercise may be developed to exercise this portion of our Emergency Plan in the future. Sgt. Ralph Cox and Officer Tony Palermo, NPESD, are working with airport staff to list all of the areas/buildings/facilities on the airport that may have various types of threats posed against them. They will develop a list of target areas and types of threats to each target area first, then ~etermine a risk and probability factor to each target. Risk and probability factors will be based on 4 factors: risk to life, how will the threat impact the target, how vulnerable the target is to the threat and the overall effect to the airport and the community. Y2K Plans - Each agency is involved in planning efforts. Naples Fire will have 6 firemen staffing Station 3 at the airport. CCSO and Naples Police will each have double shifts on duty. Every EOC in the State will be activated. Mr. Dana LaClair, Chief Pilot for American Eagle, stated that American Eagle would operate as normal, ManagementTeamReport 16H May. 1999 Page 4 Airport F~liarization Training - EMS is scheduled to complete the airport familiarization training course over a three day period in August, and Naples Fire is scheduled for training in September. A water rescue seminar, hosted by the Civil Air Patrol and the FAA, is scheduled for November 17 at the Pilots Lounge from 1330 - 1600. HAZMAT training - An on airport hazardous materials exercise was conducted on 28 July 1999, and involved Airport Authority departments, the Naples Police and Emergency Services staff (both fire and police), the Naples Fire Department's Hazardous Materials Team, the City of Naples Department of Natural Resources staff and EMS. The exercise simulated a large continuous fuel spill, involving a fuel truck at the fuel farm. The exercise objective was to familiarize each department with, and practice the procedures outlined in, the Airport's Spill Prevention Control and Countermeasure Plan (SPCC) with regard to minimizing any adverse impacts from a large fuel spill. The incident exercised recognizance, research, and mitigation efforts of NAA Staff and the Naples Fire Department thru the first hour of an incident. Three portions of the Naples Airport Authority Spill Prevention Control and Countermeasure Plan (SPCC) were exercised. Noise Issues The Noise Compatibility Committee did not meet in July. Their next scheduled meeting will be held on 16 September 1999 at 7:00 PM, in the Airport Office Building Conference Room. On 16 March 1999, a Stage I Learjet landed at the airport in violation of the Naples Municipal Airport's Rules & Regulations. A formal Notice of Violation was sent to the company and a Five Hundred Dollar ($500.00) fine was assessed. The fine was paid on 23 June 1999. As of this date, the FAA continues to investigate the flight crew for possible FAR violations pertaMng to their departure from Naples. C OptionButtonl Staff participated in the FAMA Airport Noise Abatement and Community Affairs meeting on 1 August 1999, and was selected as Vice-Chak of this Sub-Committee. The goals of this committee are: To provide a state-wide medium for the exchange of information, ideas and techniques for developing solutions to airport noise and community relations issues · To lend technical support to the FAMA organization and standing committees on airport noise, land use, community relations matters · To promote aviation through better understanding of the complexities of airport noise/land use issues and community relations for the betterment of FAMA member airports. Marmgcment Team Report Page 5 This year's objectives include: holding two (2) teleconferences with Committee Members, holding one annual seminar (October 1999), updating the state-wide directory - by airport ~ of'noise programs and related information, developing a link with the State DOT Website and providing airport noise related information to be included in their website, and to lend technical support and consultation to the FAMA Legislative Committee and to FAMA members on noise and land use related issues. At the meeting held on 1 August 1999, the Florida DOT staff discussed various methods and mechanisms for airports to use in order to increase pilot awareness relating to individual airport's noise abatement procedures. This may include additional web site information, and developing a noise abatement poster that may be posted in FBO's throughout the state. The Committee also discussed small airport noise issues, specifically, airports that do not have commercial air service or limit the size of aircraft that operate at their facilities. A resolution supporting some type of initiative may be brought forward to the full FAMA committee in January. The Committee is also sponsoring a two-day seminar scheduled for October 12-13 in Tampa. Staff is working with Boca Raton Airport and West Palm Beach International staff to develop this seminar. Two ofour airport consultants, HMMH and Cutler and Stanfield, will be making presentations. Noise Complaints A total of 22 complaints were received during the month &July, an increase of 6 when compared to July 1998. Six (6) different families generated complaints during this period. Six (6) complaints were received at night and sixteen (16) complaints were received during the daytime hours. There were no violations of the Mandatory Stage I Ban during the month. Complaints were received regarding the following operations: 1-Stage 1 Air Ambulance 3-Stage 2 aircraft 2-Stage 3 aircraft {)-helicopter flights 6-single or twin engine prop's 2-Mosquito Control Ops 5-commuter airlines 3-operations were unknown 16H 2 May 1999 Page 6 Airport Tour Program Airport volunteers performed two (2) tours during the month of July, for 75 children and 9 adults. The group visited the General Aviation and Commercial Terminals, ARFF and Ambassador Airways. Airport Security Plan The Airport Security Plan has been recently updated. After several months of review by the FAA, it was approved on 6 August. ENGI1NEERIN G/PLANNIN G DEPARTMENT Staff, working with the Small Project Architect, continues to research the development costs and alternatives for the hangars in the East Quadrant, North of Radio Road. Funding for the FDOT may be available for this work in the first half of 2000. Staff has submitted the Planned Development (PD) document to the City of Naples for an 8 September Planning Advisory Board (PAB) meeting and an October 6 City Council meeting. Information for our legal counsel, City of Naples staff, and consultants has been combined into this package. This PD will allow the City of Naples Airport Authority to continue the use of this property in the interests of aviation, while allowing the re-alignment of North Road, the construction of the Greenway, and the protection of environmentally sensitive areas. The Naples Airport Authority has responded to comments from the South Florida Water Management District (S MD) and the United States Army Corps of Engineers (USACOE) concerning the updated Environmental Resource Permit (ERP). These comments focused primarily on additional details, clarifications, and reformatting documents to assist SFWMD and USACOE staff in the evaluation of this document due to the unique and complex nature of airport clevelopment. Information regarding the ability for the NAA to apply for an "Early Work Permit" is anticipated. This ERP will update 1984 information used in developing our property relative to stormwater and wetland issues. As part of this application, three construction and operation permits were submitted with the ERP (North Road, The London Company and Aerial Development), and are being evaluated by the SFWMD separately. l~magement Team Report 1 6 May 1999 Page 7 N9~I.~ Road Re-Alitnment Project The FAA Grant Offer was received by staff and accepted on 29 July. This grant covered the entire cost of the North Road Re-Alignment Project, which includes costs for final engincerin,~ displacing Runway 5/23, re-aligning Noah Road, and tree eradication. Staff has worked hard o insure that the City of Naples Airport Authority receives all available AirportIn Improvement Project funds that we are entitled. The Re-alignment of North Road is a primary safety conce for both the Federal Aviation Administration and the Naples Airport Authority. Anticipating complete contractor bid documents in time for Federal AIP funding, the CH2Mhill staff has b~ working expeditiously to complete this portion of the project. Airp9rt Road St0rmwater Impr9vem~nt Pr0iect Our consultants for this project, WilsonMiller, have received all public comments and public questions to the Environmental Assessment, and are binding these responses into the final Environmental Assessment for the Airport Road Improvements Project. Preliminary design project programming are proceeding so that final project goals and costs will be developed int controlled set of bid documents. The Airport Road Improvements Project was developed to improve the safety of aircraft operations resulting from the improvements to the airport stormwater management system. £ ter project goals are to improve the esthetics, signage and vehicular access along the airport's enti e eastern perimeter. Data from this project has proven critical for the EKP project and both '~: consulting groups have communicated closely. FACILITIES DEPARTMENT Staff reports no major problems experienced this month with the airfield lighting system. St performed routine maintenance repairs such as bulb replacements, airfield sign repairs, etc. Tl~o! grass strip is in good shape despite the amount of rainfall we have experienced.ii~ ~e~ Staff encountered no problems with the airport fuel delivery vehicles or the fuel farms; all ha functioned properly with only routine items of maintenance required. Staff this month completed its yearly inspection of the inside of the fuel farm product tanks and has ordered replacement' ~ filters for the system. The grounds department has been cleaning and spraying all ditches on airport property. Staff also trimmed the hedge along Airport Road and has cleaned up all litter on roadways bordering the airport. Daily mowing of all airport property continues. 2 Management Team Report May 1999 ~gc 8 16H 2 Maintenance and custodial staff are conducting weekly safety meetings and preparing self- inspection reports. Staff also conducts Storm Water Pollution Prevention Plan inspections to ensure best management practices are being followed. The Safety Committee is scheduled to meet August 25~'. The committee is comprised of members from all departments and discusses safety concerns and ways and means of improving employee safety. In addition to painting projects scheduled for this month, hangar roof repairs will also be scheduled. A roof access hatch and ladder is scheduled for installation on the Airport Office Building this month. Staff is also proceeding with the installation of four ramp lights on to the west side of the General Aviation Terminal, which will eliminate a ramp safety concern and furnish the proper amount of light needed to assist pilots and passengers using the terminal. COMMUNICATIONS DEPARTMENT Staff is scheduled to participate in the Naples Area Chamber of Commerce Showcase '99 Business Expo on August 30 at the Registry Resort from 5 p.m. to 8:30 p.m. Event organizers expect approximately 2,000 people in attendance. The Airport staff will "man" a booth containing promotional items, flight schedules, the new noise brochure and photos ofthe airport. A business card raffle will take place with the winner receiving a Naples Airport Authority polo shirt and baseball hat. Staff will also try to secure additional items for the drawing. The Airport's Visitors Television Commercial will also be shown on a small screen television. A Market Research Company will assist staff in preparing and conducting a survey of Expo attendees and exhibitors. The survey will be used to measure name recognition of the Naples Airport and identify services of importance to customers. The survey will be administered via touch-tone screen and written form. Staff attended the FA.A-Industry Operational Y2K Airport Contingency Planning Workshop July 19a' and 20* at the Washington Dulles Hyatt Hotel in the metropolitan Washington, D.C., area. The Air Transport Association, Federal Aviation Administration, Airports Council International- North America, and The American Association of Airport Executives, General Aviation Manufacturers Association, Regional Airline Association, and Aerospace Industries Association sponsored the conference. Over 200 aviation industry representatives representing airlines, airports, the U.S. Air Force, other federal government agencies, consulting finns, utility companies and aircraft manufacturers were in attendance. ~.~alg;;¢:t 'ream RCp°rl 16H 2 Page 9 The day and a half-long workshop had two objectives: I. Define core elements of an airline-airport contingency plan for use at the national, regional and local levels. 2. Develop a framework for the FAA, airports, air carriers, manufacturers, suppliers and service providers to coordinate their respective contingency plans. On August 10, staff attended a presentation by Florida Power and Light regarding the utility company's Year 2000 preparedness. Currently, several of the power generation stations within FP&L's jurisdiction are running on a Year 2000 clock and have experienced no problems with the date roll-over, nor any problems running with a Year 2000 calendar. (A briefing sheet on FPL Y2k readiness efforts is included in the packet. The Noise Abatement program brochure has been completed and is ready for distribution to be coordinated with the Naples Airport website re-launch to be determined at a later date. Staff is working with website developer and site host Whoodoo Internet Services to complete finishing touches on the new-look website "flynaples.corn". The site will house more up-to-date information on NAA meetings, Noise Compatibility meetings, Noise Statistics, media releases and frequently asked questions. The Naples Airport flight schedule is being redesigned to better showcase the new Airport logo. IH[] 16H 2 CITY OF NAPLES AIRPORT AWrlIORITY ACTIVITY REPORT PERIOD ENDING 31 .IULY 1999 COMMERCIAL CARRIERS AMERICAN EAGI.E Enplancments Deplanements Total Departures Total Seats Available Load Factor - Enplanements I~ad Faclor - Dcplancments CAPE AIR Enplanements Deplanemcnts Total Departures Total Seats Available l.oad Faclor - Enplancm,:nts Load Factor · Deplanements US AIR Enplanemenls Deplancmc'nts To~l D,,:parlure:s Total Seals Available Load Factor- Enplanements Load Faclor - Dcplancmenls TOTAL AIRLINES Enplancments Deplan~ments Total D, eparmres Total Scats Available Load Factor - Enplanements Load Factor - Deplanements CURRENT ,MONTH .~'~; .AR.~ .~C~...' YEAR TO DATE" V~C~ '. FY 98 [ FY~ PERCg~AGZ FY 98.. I FY 9~ , , 2.259 1.968 ...~.%; ~. '(1~9) 33.838 33.827 .. ~.~, c 44.302 3.094 3.672 -~ , 73.01% 53.59% F~?~ ~6,~) 76.38% 366 379 ':,,:i'.~:' 5.338 5.039 ' 900 801 "~.~ '~ ~ ~(l 1.'0) 11.394 10.467 42.33% 49.69% ,. ', ~ 40.67% ~.~g '" ,,~,.~ i 46.85% 3.116 2 413 }):~}~[ '~) 23.031 27,455 44.16% 42.98°/oi ;5'?~} ~3~;7) 60.70% 51.32% "(d,~ ~]~(!~.4) ,~?,~,1~ 52 500 :,~/~} ~..,. ,?. 4.024 3,3'0 .~} ?! 52.415 3.411 '," 355 324 '(j~ ~1~ 3,780 3 952 ~X'~ · ~4~ :' 7.110 6,886 '~ ~q~) 78.727 83.618 56.60% 48 07% 7c:L'~ ~ 1~1~4) 66,58% 2 CITY OF N,L,°LE$ AIRPORT AL~IIORITY ACT D,'IT¥ REPORT PERIOD ENDING 31 ,IULY 1999 FLIEL SALES . GALI.ONS Jet Avgas S¢lf-Fueler TOTAl, FUEL SALES CURRENT MONTtl , VAILIANCR';. YEAR TO I)ATE 1%'~ [ .... F¥~ PER~Aq~ FV 98 ] FY 99 25.876 24.973 .. ,. ;O. ) 350.3"8 361.419 6.534 14,706 -L,. ,}j~ a .!25.1 104.966 150.631 'Added Iotal As'gas gallons AND Self-Fueler g,11otta together for )'ear to date variance percentage. Current ,Month ~t'ear to Date OPERATIONS - Itinerant Air Transport General Aviation Military Night - Air Transport Omeral Aviation Military FY98 FY99 972 959 4,871 5296 2 15 12 8 83 101 0 I F¥98 FY 99 I1.710 11.995 62.088 71.134 56 46 378 339 1,004 1.287 3 7 TOTAL ITINERANT OPERATIONS 5,940 6,380 75.239 84.808 Current Month Year to Date OPERATIONS - Lo~al F¥ 98 FY 99 Air Transport 0 0 General Axqalion 2,836 2,652 Military, 4 0 Night - Air Transport 0 0 General Aviation 97 131 MilitaD' 0 0 TOTAL LOCAL OPERATIONS 2.937 2,783 19.059 24,613 816 901 TOTAL OPERATIONS 8.877 TOTAL IFR - Operations 2,113 CITY OF NAPLES AIRPORT AUTHORITY 16H 2 TO: 160 AVIATION DRIVE NORTH NAPLES, FLORIDA 34 10,4 *****MEMOP~NDUM***** Theodore D, Soilday Executive Director FROM: Lisa LeBlanc-Hutchings Director, Airport Operations DATE: 11 August 1999 Second Quarter 1999 Noise Report Below is a summary of data contained in the Second Quarter 1999 Noise Report completed by the Operations Department. This summary includes the months of April, May and June 1999. Compared to Same Period Last Year (April, May, June 1998) Air Traffic - All Operations Air TaWCommuter $ 3% General Aviation ? 14% Total Operations ? 12% Air Traffic - Nighttime Operations Jets ? 61% Mosquito Control ? 452% Props ~ 44% Emergency Services Helicopters ~' 93% Total Nighttime Operations 1' 70% -*See note Noise Complaints Nonheas~ ? 440% Northwe~ No Change Southeast $ 19% Southwest ~' 135% Total Complaints ? 112% Number of Families Making Complaints ? 50% Total complaints have increased 112% when compared to the same period last year. This increase is most likely attributed to the 12% increase in total airport operations during this quarter. The number of different families who call has increased 50% when compared !o the same time period last )'ear, from 63 to 126. *The airport's nightly activity reports were changed in May to capture aircraft operating under VFR conditions (mainly props and Mosquito Control), which were previously not included in nighttime operational reports. This change did not affect the records pertaining to total monthly operations, nighttime operations between 2200-.0600 or statistics relating to jet activiLy. The majori .tLy of complaints received was about jet departures, and was during non-voluntary curfew hours. ADMINISTRATION (9a ~ ) 643-0733/FAX 643-4084. OPERATIONS 6-~3-0404/FAX 643- ~ 79 T. E-mail ai~porl~'na131es net 16~ 2 NAPLES AIRPORT AUTHORITY NAPLES AIRPORT AUTHORITY QUARTERLY NOISE REPORT NUMBER 10 For the period April 1, 1999 through June 30, 1999 Prepared by Airport Operations 16H 2 TABLE OF CONTENTS INTRODUCTION Page 1 PART I AIRCRAFT OPERATIONS Table I Figure IA Figure lB Table II Airport Traffic Summary Total Monthly Operations Total Night Operations by Month Quarterly Air Traffic Nighttime Operations Summary PART H CITIZEN COMPLAINTS Table III Figure IIA Airport Noise Complaint Summary7 Noise Complaints by Geographical Area 8 PART HI COMPLAINTS BY TIMEFRAME Figure Ilia Noise Complaints by Hour 9 Figure IIIB Noise Complaints by Month 9 PART IV COMPLAINTS BY OPERATIONAL SOURCE 10 Figure IV Complaints by Type Aircraft 10 PART V COMPLAINTS BY OPERATION I1 Figure V Complaints by Operations 11 SUMMARY 12 Appendix A Total Aircraft Operations and Complaints Appendix B Noise Complaints rs. Number of Households Appendix C Noise Complaint / Operations Summary (ApriL/May/June) 16H 2 PART I AIRCRAFT OPERATIONS INTRODUCTION This is the tenth Quarterly Noise Report prepared by the Naples Airport Authority - Airport Operations Department. This report is informational in nature. The data included in this report tracks aircraft. operations and noise complaints. All percentages are rounded to the nearest whole number. The report format has been modified to include additional operational and complaint data. Further, the airpon's nighttime activity reports were changed in May to capture aircraft operating under VFR conditions (mainly props and mosquito control) which were previously not included in nighttime operational reports. This change did not affect the records pertaining to total monthly operations, nighttime operations between 2200-0600 or statistics relating to jet activity. AIRCRAFT OPERATIONS Table I, page 2, Airport Traffic Summary, contains aircraft movement data from FAA Form 7230-1 and after hour statistics recorded by the Napies Airport Authority Security Officers. Naples Air Traffic Control Tower is operational from 6:00 AM through 10:00 PM. A single movement represents either one arrival or one departure by the indicated aircraft category. This Quarter Compared to Previous Quarter This quarter's air taxi traffic, compared to the previous quarter, has decreased by 20%. General aviation activity has decreased by 12%. Total traffic decreased by 13%, from 37,367 operations to 32,422. The daily average for the Second Quarter was 356 operations. This Quarter Compared to the Same Period One Year Ago Compared to the same period last year, air taxi's decreased by 3%, and general aviation air traffic increased by 14%. Total air traffic operations increased by 12% from 28,865 operations to 32,422. Table I AIRPORT TRAFFIC SUMMARY Landings and Takeoffs 1998 - 1999 YEAR APRIL MAY JUNE TOTALS FOR 2rid QUARTER. JULY AUGUST SEPTEMBER TOTALS FOR 3rd QUARTER OCTOBER NOVEMBER DECEMBER TOTALS FOR 4th QUARTER AIR TAXI GENERAL MILITARY TOTAL DAILY AVIATION TRAFFIC AVERAGE ,, 1,20~ 9.290 2 10,501 350 11230 ,, , 8~446 4 9~68,1 , 312 1,062 7,621 ,, 8,683 289 3,501 25,3~7 6 28,865 317 972 7.899 6 8,877 286~ 962 7,718 8,680 280 2.766 21,4(~9 6 24,241 263 1,0~, 8~9'26 7 10,02.7 323 ' 1,188 9,796 6 10,S~0 366 1,310 9,O4:3 4 , 10,357 , 334 3,502 27.765 17 31,374 341 JANUARY FEBRUARY MARCH TOTALS FOR 1 it QUARTER APRIL MAY JUNE 1,375 10,36~ 5 11,740 379 1,304 10,740 3 12.047 430 , 1,541 12,022 8 13.571 438 4.220 33,131 16 37,367 415 TOTA~ FOR 2r~d QUARTER 1.3~ 10,578 4 , , ! 1,978 ~ 11102 , 10~C),40 11~142 359 896 8~404 2 9,302 310 3,304 29,022 6 32.422 356 16H 2. Figure IA below iljustrates the airport's month-by-month total operational levels for 1998 and 1999. FIGURE IA Total Monthly Operations 16OOO The first six calendar months of 1999 indicate at 16% increase in overall airport operations when compared to 1998. Night Time Operations Figure LB, below, iljustrates the airport's total nighttime (10:00 PM - 7:00 AM) operational levels for 1998 and 1999. Nightime operations appear to have increased significantly when compared to the previous months and yearly operations. This increase is attributed to the format that staff had previously used to compile this data. Visual Fli,ght Rule (VFR) operations between 6-7 A.M. were previously not included in the nighttime operations report. As of May 1999, this information is now included and our reporting mechanisms are more accurate. .2 These operations were only. included in the total daily operations. This change accounts for an increase of approximately 150 operations per month. A second reason for the large increase in operations in May and June is due to Mosquito Control helicopter operations between 6-7 AM, which were also not previously included. FIGURE lB Total Night Operations by Month 1 4OO 30O 200 ~, 100 0 · -~ · ~ 0 > 0 ~ ~ 0 ~ 'thi~ i~r~a~ repr~nf~ a ~ ~ ~ r~i.~ ~ ni~h.im~ ~{~ ~i~, p~wio~ ~o Ma~ ~, ~i~ NOT include ~R o~ti~s ~ t~ ~ of ~7 AM, Total month~ o~mtb~l statistics remains the ~me. [] 1998 · 1999 16H 2 Table II, below, summarizes the nighttime operations at the airport during the previous five quarters. Nighttime operations include voluntary curfew hours (10:00 PM through 7:00 AM). Nighttime operations appear to have increased 70% when compared to the same time last year, however, this increase is attributed to the format that staff used to compile this data as previously indicated in Figure lB, The data compiled for IFR operations, such as jets and air ambulances, remains accurate. Table II Quartedy Air Traffic Nighffime Operations Summary Activity 2"a 19983ra 19984~h 1998 I'~ 19992"a 1999 Jets 76 58 128 196 122 Jet - Air 2 2 I 7 9 Ambulance Props 516 359 515 476 *743 Mosquito 33 58 24 10 182 Control Helicopters 56 55 66 .... 100 "1'68 Collier S.O., EMS & Coast Guard Total 683 532 734 789 '1~.164 *This increase represents a change in the' "recording of nighttime operations which,' previous to May '99, did NOT include VFR operations between the hours of 6-7 AM. Tota.1. monthly operational statistics remains the same. 5 16H PART II CITIZEN COMPLAINTS Table III, on page 7, is a summary of citizen noise complaints separated according to four geographical areas (Quadrants). Below is a sample representation of the neighborhoods in each Quadrant. Every neighborhood in the area is not included in this list, although it is included in the Quadrant total. Northeast Quadrant - Briarwood, Coconut River Estates, Golden Gate, Grey Oaks, Hawks Ridge, Wyndemere, and surrounding northeast areas. Northwest Quadrant - Bears Paw, Coconut River Estates, Coquina Sands, Country Club of Naples, Lake Forest, Lake Park, Park Shore, Ridge Lakes, River Estates, River Reach, Sun Terrace, Moorings, Wilderness, and surrounding northwest areas. Southwest Quadrant - Aqualane Shores, Old Naples, Port Royal, Royal Harbor, and surrounding southwest neighborhoods. Southeast Quadrant - Brookside, Coconut Grove, Flamingo Estates, Foxfire, Kings Lake, Lakewood, Naples Gardens, Rock Creek Campground, The Glades, and surrounding neighborhoods. The analysis will include the specific nature of the complaint, whether it was an arriving or departing aircraft or an overflight, Complaints relative to nighttime Mosquito Control operations, Air Ambulance Flights or the SheriWs Office helicopter operations are included in this report. This Quarter Compared to Previous Quarter This quarter's noise complaints, compared to the previous quarter, have decreased from 771 to 438. Complaints received from neighborhoods to the northeast of the airport decreased by 3, from the northwest decreased by 50, from the southeast decreased by 68 and from the southwest decreased by 197. This Quarter Compared to the Same Period One Year Ago Compared to the same period last year, the total number of complaints increased 112%. Complaints from neighborhoods to the northeast and southwest have increased. Total complaints increased from 207 to 438. Table III AIRPORT NOISE COMPLAINT SUMMARY 1998 - 1999 16H 2. YEAR Northeast Northwest Southeast Southwest Unknown Monthly Location Total 1998 APRIL 5 18 13 71 5 112 MAY 3 8 1 49 3 64 JUNE 2 3 2 24 31 TOTALS FOR2ndQUARTER 10 29 16 144 8 207 JULY 6 1 7 2 16 AUGUST , , -, , 1 1 8 2 12 SEPTEMBER 1 3 1 15 20 TOTALS FOR $rd QUARTER 1 10 3 30 4 48 OCTOBER 1 6 2 37 46 NOVEMBER 2 31 3 67 3 106 DECEMBER 3 7 8 74 1 93 TOTALS FOR 4~n QUARTER 6 44 13 178 4 245 1999 JANUARY 4 25 39 94 9 171 FEBRUARY 25 32 24. 203 2 286 MARCH 28 22 18 238 8 314 TOTALS FORI~QUARTER 57 79 81 535 19 771 APRIL 23 23 10, 207 ., 4 267 MAY 29 5 1 82 ,,,1,17, JUNE 2 1 2 4g ,,,54 TOTALS FOR 2rid QUARTER 54 29 13 338 4 438 7 16H 2. Figure IIA, below, graphically compares the noise complaints received by geographical areas based on data collected during the Second Quarter of 1999. Total complaints for this quarter have decreased from the previous quarter, and increased when compared to the same period one year ago. FIGURE IIA Noise Complaints by Geographical Area ill Northeast !1· Northwest ~ [] Southeast I EI Southwest I · Unknown PART III COMPLAINTS BY TIMEFRAM E Figure IliA, below, depicts noise complaints for the Second Quarter according to the time of the single event. Most complaints were received at l:00PM. Twenty-two percent of the total complaints were received during the voluntary curfew hours. FIGURE IlIA Noise Complaints by Hour 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Figure IIIB below, iljustrates the airport's complaint volume for 1998 and 1999. 1 300 25O 200 [ -- 150 100 50 0 FIGURE IIIB Noise Complaln~ by Mon~ E o E E ~. O > o O ~ [11999 9 16H 2 PART IV COMPLAINTS BY OPERATIONAL SOURCE Figure IV below, indicates what types of aircraft the complainants were calling about. When comparing the last three (3) quarters noise complaints, it appears the complaints have remained relatively the same in regards to jet aircraft. operations. FIGURE IV Complaints by Type Aircraft 300 250 200 150 100 50 0 266 18 62 ,41 8 14 29 lO PART V COMPLAINTS BY OPERATION Figure V, below', shows the operational source of the noise complaints from the Second Quarter. Neighborhoods surrounding the airport complained more about departing aircra~ than arrivals. 1(20 0 FIGURE V Complaints by Operation Ovedlig~ Pattern / Aerol:atic Unknown Training Location 11 SUMMARY Air Traffic Compared to the previous quarter, air taxi traffic has decreased 20%, general aviation traffic has decreased by 12%, and total air traffic decreased by 13%. Compared to the same period one year ago, air taxi traffic decreased by 3%, general aviation operations increased by 14%, and total traffic increased 12%. Seven percent of the total nighttime operations were attributed to ShediT's Office or Emergency Services helicopters, and 10% of the total nighttime air traffic operations consisted of jet aircraft operations. Noise Complaints Compared to the previous quarter, noise complaints have decreased from 771 to 438. Southwest Quadrant neighborhoods generated the most complaints during the Second Quarter of 1999, with a total of 338 complaints. Other areas generated the following number of complaints: Northeast - 54: Northwest - 29: and Southeast - 13. Noise Complaints by Family One hundred twenty-six (126) different families made 438 complaints to the Noise Abatement Officer during the Second Quarter of 1999. 12 16H 2 o o o 66. Je~Jeno Puz 96. Je~mno P~£ Z6. Jo~Jeno Z6, J~Jel~) ~ Z6. J~q.~eno puZ Z6. ,~JenO ~ 16~ ,2 APPENDIX C 16H NOISE COMPLAINT I OPERATIONS SUMMARY MONTH: APRIL 1999 DATE ......... 7 AM ' 10 PM ' 10 i:Jl~ i'7 AM o o TOTAL 7 8 366 2 6 6 384 9 10 327 5 5 469 11 11 443 2 2 418 2 3 475 9 11 471 1 9 23 393 14 30 338 3 3 340 3 3 374 2 2 427 7 9 296 2 3 380 11 19 372 2 2 406 3 3 352 4 4 353 1 6 6 437 2 2 515 2 2 385 6 6 417 5 6 335 5 11 343 1 I 377 156 223 11551 0 5 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 24 27 31 TOTALS 6 10 2 3 1 2 2 6 1 5 8 16 5 2 2 19 6 3 3 10 2 3 1 9 3 2 3 10 1 9 3 4 1 5 1 4 4 14 2 4 2 2 lO 2 14 3 1 1 4 2 4 5 17 4 35 44 286 o 54 o COMPLAINT~' NIGHT O~ERATION ~ RESTRICTIONS DAY NIGHT TOTAL ~ ~ (AA} ~ 0 k~anda4~y R~trl~J~ (MRI APPENDIX C ,2 MONTH: MAY 1999 DATE 10 PM - 7 AM t- 1 1 353 2 2 408 2 2 409 3 3 475 6 14 403 3 4 443 2 2 323 2 2 265 3 3 420 6 7 356 5 5 326 2 2 307 2 2 312 3 4 280 288 1 ~ 2 2 332 4 4 466 1 3 3 346 3 3 244 1 301 4 4 304 3 3 405 363 1 3 3 364 2 2 288 185 5 5 328 73 84 10.668 1 4 Sat-01 Sum02 Mom03 Tue.04 Wed-05 Thu-O6 Fd-07 Sat-08 Sun-09 Mort-10 Tue-11 Wed-12 'Thu-13 Fd-14 Sat- 15 Sun-16 Moral7 Tue-18 Wed-19 Thu-20 Fd-21 Sat-22 Sun-23 More24 Tue-25 W~d-26 T'tlu-27 F~28 Sat-29 · Sun-30 Mort-31 TOTALS 4 3 3 10 1 3 3 15 5 19 2 1 1 19 1 24 12 2 6 1 1 19 2 , 3 3 12 4 1 1 14 1 13 2 'i' 1 25 2 2 2 11 1 8 ,. 1 7 2 2 12 15 15 2 1 1 19 I I 16 2 1 1 13 1 5 5 27 2 2 23 2 4 2 3 1.6_ .. , 17 -i" 2' 22 2 1 1 14 1 1 1 19 I 8 31 33 474 0 36 8 dOM'PLAJNT$ NIGHer OPE~'T!ONS t RESTRIC:TIbN$ vle,,~", DAY NIGHT TOTAL. A¥ Nnbulance (A~) ~ 8, MmdMo~y ~trf~lo. [MR) Ew~ 73 31 1 04 E~ . 23 Runvp,: ~,~,,.,,K, 0 APPENDIX C NOISE COMPLAINT / OPERATIONS SUMMARY 2 MONTH: JUNE 1999 DATE 10 PM - 7 AM o 375 238 331 1 1 375 4 5 t 316 1262 3 4 114 1 1 386 2 ,, 2 408 1 I 349 3 3 375 '1 2 2 359 3 3 347 1 247 346 2 4 172 1 I 274 2 2 326 '1 310 1 1 266 180 ~ 2 30 34 8,898 0 3 Tue-01 Wed-02 Thu-03 Fri-04 Sat-05 Sun-O6 Mon-07 Tue-08 Wed-09 Thu. 10 Fd-11 Sat-12 Sum13 Mo~-14 Tue. 15 Wed-16 Thu-17 Fd-18 Sat-19 Sun-20 Mon-21 Tue-22 Wed--23 Fri-25 Sun-27 Mort-28 Tue-29 Wed-30 TOTALS 1 1,, 15 1 '' ,,, 14 I 16 1 3 4 20 5 10 1 17 15 1 1 17 2 13 2 1 1 15 3 1 1 14 2 1 1 17 1 1 1 14 1 12 2 2 2 16 19 3 2 2 6 4 12 7 18 12 1 1 16 1 8 1 2 2 11 2 19 20 404 o 37 o COMPLAINTS lIGHT" OPERATIONS RES'TRICTIONS Vlol~Uons Ls~t~r~ DAY NIGHT TOTAL ~x Am~ar~ (AA) J 0 ~o~/R~t~ctlo. [MR} :,,~.~ 30 19 49Eus . 12 Runu~ u..~..~ 0 0 ~ 0.3% 4.7% 05% ~.~ , ~ ~ff~,~, 37 33 ~ ~ 0.4% 5.0% 0.6% N~m ~-T~ J.,., ~ ~c ~ ~ 1 0 CO!JJER COUNTY GOVERNMENT pELICAN BAY SERVICES DIVISION t~ ~ ~.~UREL OAK DRIVE NAPLES, FL 34108 (94 i) 597-1749 FAX (941) 597-4502 2 NOTICE OF PUBLIC MEETING A CERTIFIED BLUE CHIP COMMUNI'Pf NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER. 8962 HAMMOCK OAK DRIVE. NAPLES. FLORIDA 34108 ON SEPTEMBER 1, 1999 at 3:00 P.M. AGENDA Roll Call Approval of the Minutes of the August 4, 1999 Mecling Ulxoming Events The Board of County Commissioners Public Hearing on the Pelican Bay Sen'ices Division Fiscal Year 2000 Budget is ,:chcdulcd for Scptclnbcr 9, 1999 at 6:00 P.M. at Hammock Oak Center Community Policing Update Pelican Bay Web Site - (Power Point Presentation by Naples Daily News) Administrator' s Report Capital Projects - Street Lighting and Street Signs - Entrance Signs Community Issues Crosswalks Bike Path Restoration US 41 & Gulf Park Drive Traffic Sigrml Sub-commiltc¢ Rcporls Clam Bay Sub-committee Interior Tidal Channels (Plmsc I) Seagate Culverts Interior Tidal Channels (Phase II & I[I) Fresh,,vater/Stormwatcr Studies Monitoring and Education Tide Gauge Report Long Range Planning Sub.-commiuee Full Time Manager Sub-committee Committee Requests Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING. HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE. HE 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. Naples, Florida August 4, 1999 161-/ LET IT BE 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 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Dr. Man Varley, Clmirman Mr. Lou Vlasho, Vice Chairman Mr. Joseph Ba~vdaniak Mr. Thomas Brown (Absent) Mr..lames Carroll Mr. Edward GrilT~th Mr. Glen Hartell Mr. Herbert Hasson (Absent) Mr. John Ho)~ Mrs. Cornelia Kriegh (Absent) Mrs. Maureen McCarthy Mr. David Roellig Mr. George Werner ALSO PRESENT: Sixteen (16) Pelican Bay residents; Mr. Ed 11schner, Collier County Public Works Administrator, Mr. Steve Means, Wilson, Miller Engineers; Mr. Chuck Curry, Managing Online Editor, Naples Daily Ne',vs; Mr. Todd Turfell, Turrell and Associates; Mr. James P. Warck Department Director and Mrs. Barbara Smith, Recording Secretat)'. AGENDA Roll Call Approval of the Minutes of tile July 7, 1999 Meeting Collier County SheriIT's Office A) Community Policing Update Discussion of the Pelican Bay Web Site Presentation of Water Quality Report for Pelican Bay and Clam Bay Sub-committee Reports A) Clam Bay Sub-committee B) Long IL'mge Planning Sub..commiltee C) Full Time Manager Sub-committee Audience Participation Adjoum ROLLCALl, Dr. Varlcy called the meeting to order and asked tlmt the record sho~vs Mrs. Cornelia Kficgh and Messrs. Tom Brown and Herbert Hasson with excused absences. APPROVAL OF MINUTES OF TIlE JULY 7:1999 MEETING Mr. Carroll stated flint on Page 3535, on file monthly budget statements one of the fixings I found with budgeting is that you riced an estimate to complete column. lfyou look at the next to last column you prorntc the budget, which is basically a mathematical calculation for a nmnbcr of months, vdmt you don't Imve is the estimate to complete. If you don't Imvc that. you look at Page 2. Favorable and Unfavorable. those numbers don't tell you an,',lhing at all. They relate to the prorated budget ,and unless you knox,.' what the estimate to complete is you don't 'know whether it is favorable or unfavorable. I would suggest you place such a colunto in there. 3538 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H Dr. VatIcy asked if the encumbered budge! could bc put in dmrc? Mr. Ward replied thai. it could. Mr. Carroll asked what does that mean? Mr. Ward replied that it means the dollars have been commitled because the Purchase Order has been issued. Mr. Vlasho stated that the first thing we have to remember is that prior to last month the Advisor)' Committee was not receiving an)' financial information and this was an attempt to give us a snapshot to start with. It is also sometiring dmt staff can put together ratl~cr easily. I share your opinion tlmt it needs an estimate and that is why wc put the full )'car budget in ti~crc, so you can always Imck actual, to what the year is, to give you an idea. What I would expect rather than Imve a lot more clerical work for another column, I would cxpcc! at our meetings Mr. Ward would make a few comments on what is over and what is under. He would alert us to anytiling that might ovcrnm. I would prc£cr that approach as to adding more columns. Tltis is what was available that hc could do rnthcr quickly. Mr. Carroll stated that there is also no contingency. I assume that means it is buried in all of [hc individual items if din! is the normal procedure. Isn't it bc[tcr to discipline people not to do tluat and put ~ contingency? Mr. Ward replied you could do it d~at way. I have done it both ways, but for purposes of linc item budgeting ,,viOlin a County govcrmncntal structure, it is generally better IO try to put it in fire line item fluat you will need it in. In the event timre is a significant variance in tim line item, I may have to end up going back to tile Comnfission with a Budget Amcndincnt. I try to put the contingencies in the specific linc items that are needed to deal with those issues. so I don't end up Iraring to do too many Budget Amcndincnts tlu'oughout the )'ear. Mr. ,I/ernermoved, secondedbyMr. Hoj'tandupprov~dI unanimou~i), the Min,ute~,of the Jul), 7, 1999 meett'nl;,. COMMUNITY POLICING UPDATE Deputy Ernie Gangel rcportcd that file statistical rcponing is going to bc changing soon and tile rcporls can bc issued wcckly whcn titat change comes about. We are implementing a program ,,,,'here we 2 3539 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H will have a gentleman that is assigned to North Naples, who will follow up on all stats on a daily basis and compute the daily entries. Tiffs way we will have up Io dale information rather fitan be a month to two mond~s behind. Tllc smls I Ihave now are for tile mond~ o£June. Dr. Varley asked if those stats would be for tile entire grid or just for Pelican Bay? Deputy Gangel replied that the stats will be for the #1201 grid wlffch is Pelican Bay. Dr. VatIcy asked i£it would be an)thing else in Pelican Bay. Deputy Gangel rcplicd that we are h'3ing to break it down Further so tlmt Seagate Drive and Vanderbilt Beach Drive can be eliminated. A !or o£ the stats here take those ,areas into consideration. It will be strictly the Pelican Bay area. Deputy Gangel reported that tilere were forty citelions written in June. Eleven citelions were written for speeding and seven for unlawful speed. A lot of tiffs has to duc with speeds. There was only one burglary. Most of the problems have been alarms. There were 20.1 alarms and there wcrc eleven unverified 911 calls. Tolal c[/spalchcs For June were 264 calls. Tita~ shows wc arc on a downswing because of the time o£ the )'car. This will increase as the months go on. Wc do nccd to start thinking about the Dinner Set Burglaries. These will be starting when the people start rclurning from the North. We want to plan early for that if we can and get something out on the web silo to let people knox,,' what they nccd to do. Deputy Gangel continued tlmt there was a question about the longevity of the patrol cars. It used to be that ever)' tl~rce years they planned to replace the patrol cars. That has been increased to five years. Dr. VatIcy stated that at one o£the recent meetings we had discussed cut through tralT~c when they began the work on U.S. 41 and asked if there ware ,an), ,note ideas about tlmt? Deputy G~mgcl rcporled tlmt is still being researched at fids time. Mr. Bawduniak staled IJull the SheriFFs Department just lu~d some disappointing news concerning their budget and there are quite a few deputy positions vacant. Tiffs is probably going to get worse unless the budget turns around .'red that is probably unlikely. Do we have anything ~o wor~' about with the five deputies tl~at arc provided to Pelican Bay under our special services? Deputy G:mgcl replied not with the five ?elican Bay deputies. We arc approximately sixty-three deputies short and wc cannot hire sixw-tlu'ee deputies. [ am on that Committee to get additional personnel and c~very time we talk to someone about it. they look in the outlying areas to xvlmt is being paid and they 3540 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H go to those areas. Titere is a sort of dilemma and we will probably lose fifty officers here pretty soon if something is not done. \Vc are going to be one hundred men short. Will it decrease Ih¢ Pelican Bay area? No. You will always have those five deputies. The only problems we will have is that we have an average of three to four deputies at any one time that are on dub' in dfis area. It may come down to instead of four or five deputies we might Imve two. As far as our response time, it is going to be a lot longer. It should not be a lot longer for Pelican Bay because those deputies ;,,-ill always be here. We do have a problem as far as a back up situation, if your deputy needs a back up. It might take us longer to get there. Mrs. McCarthy stated that there had been a conversation about the concern of the rapid turnover and new faces and I believe we had gotten a commitment fl~at we were going to have people for a longer period of time. I guess I have noticed of late titat we have two or three very young, very nice deputies who are brand new. It seems we are constantly getting new people who are just becoming road deputies. Again, it brings up the issue of are %re a mining program for )'our new deputies and if we are, should we be concerned about Deputy Gangel replied that you are not a training center. We are u],.'ing to keep your budget dov,'n as much as we possibly can. If I take an officer flint has ten )'ears or more, you ,'~c talking a salad' of $38,000.$40,000 per ),ear. I can get one t.b, at just comes out of the Academy for $26,000 a )'car. If I load you with $39,000-$40,000 a year deputies we would have to come back to you and ask for more money'. This way we can keep th;~t down by bringing in oH'tcers at a 1ov,'cr rate. You are not a training center for it. The officers that do come in go flu'ough a very stringent program and they are road ready when fi)cy come in. Mr. Hartell stated fi]at he has a good relationship wifi~ most of the deputies and I find flint the younger ones actually stay hcrc longer. This is not a hot bed of crime and it is not going to further their career to be assigned to Pelican Bay. The very first group we hack all got promoted. Mr. Vlasho stated that he has talked to Commissioner Carter and Mr. 11schncr and would like solicit the help for the need ofa tralT~c light at file intersection of U.£. 4.1 and Gulf Park Drive. Can we get the ShcriWs Department to put some pressure on for this light7 2 3541 ' " ............ II IIII ............... IIIIIIIIIIIII .......... IIIIIIIII I' III IIII II II II PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 2 Dcputy Gangcl rcponcd fimt they would be happy to work with )'our Commitice, For us to ask for it on our own they would probably say no. but if we work lmnd in hand with your Cornmillet we could probably get more accomplished tlmt way. Dr. Varley stated flint we have nol had anybody from tile street lighl commiltee here in a long lime and asked Mr. Ward if we could have someone address firis group? Mr. Ward replied that about a week ago I had requcsted from Mr. Kant a copy af the latest warrant study that was done for Gulf Park Drive and U.S. 41 intcrsecfion. I had planned on transmilling that to you as soon as we received it. Dr. VatIcy asked if that was the same group that does thc sidewalks? Mr. Ward replied fitat it is. Dr. VatIcy asked if we could get a report on this year's plan for sidewalks also? Mr. Ward replied in the affirmative. Deputy Gangel reported fi,,at working with the new statistics we would have the stats right liere instead of having If go to the main office. With the new stats I could get them on a weekly basis and can work with your Cornrot:tee, which may help you out. DISCUSSION OF TIlE PELICAN BAY' WEll SITE Mr. Chuck Curry, Managing Online Editor of the Naples Daily News reported that there is a community product, which is a pre-web service fimt we offer to the community. It can be an indMdual or non-profit group such as a homeowners association or neighborhood watch group. As long as the group it is not commercial. Righi now through Mr. Ia72o, lie secured through Mr. Estes the domain name www. pclicanbayconmnmifies.com. If you go there you will find a picture of Pelican Bay. You click on that picture and it takes you If the communily site under which is a lisling of Pelican Bay. Righi now thero are three firings there which is a test site to show someone what it is, and then a site for the Services Division that Mrs. Smith has bccn working on ,and also lhc Prcsidcnt's Council which just wcnl live. This is an area fimt anyone can reach from his or her home, [ know tlmt Mrs. Smith Ires bccn posting some agcndas. etc. Thcre arc a couple of issues wilh the company thai hosts the scn'cr for us aboul the size of the documents. Wc are getting that expanded. These are areas that we envision the people of the 3542 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 2 community visiting to see an)~hing tlxat you post, right down to the individual homco'.~aers associations in Pelican Bay. Dr. Varley asked if once the web site is set up, is it the individual group's responsibility to take care of it? Mr. Curry replied in the a.ff~rmafive. Again il would be the secretary or adminJstmlor that would do that. Mr. Hartell asked if filere was any commercial opportunity on the wcb site? Who is available to go into fluat web site? Mr. Curry replied anybody with a computer on the Internet. Dr. VatIcy explained illat Mr. Harrell runs Waterside Shops. Mr. CurD' stated anybody could have a web site. At this point right now we do not have advertising as pan of the community product. We will at some point. The community effort is what we believe is our commitment to communication within the community. We have not set up our product as a way for us to make money. Mr. Hartell asked if a condominium ',',,'anted to have a web site for their members. can Waterside Shops have lheir own on something file)' wanted to set up'? Mr. CurD' stated tlmt I know you lmve hosted some conccrls ,'red thai could bc posted, bul ir it were a commercial sale we would request no, for advertising. Mr. Carroll asked how a condominitun would get onto the site7 Mr. CurD' replied go to the v,'cb site and to file site that says, "ereale your own". Basically it is a click through follow-up and if Illere is an)' question you can call us for free advice. Dr. VatIcy stated tluat when I go through Naples Communities. I end l,p with a strange list of homeowners associations, none of which are Pelican Bay. Mr. CurD' stated fixat when you go into our Con'm'mnit/es Section tilere is a place tlxat says sign on as a new user. You do not have to give any information; you are just setting up a user name ,and password. The system wants to give you tile information you are requesting. After fixat you will see a site that reads "Join This Group". If you click tilere. anytime you come in 'after that it ,,,,'ill be "My Group" and you can 3543 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H go directly there. It will pull everyone's calendar into "My Calendar". It is the concept of personalization on the ~veb. You don't have to join you can go in a surf around. Dr. VatIcy stated I~t when I click on Communities 1 see nodring about Pelican Bay. Mr. Cur'ry replied fl~at you have to go ;o the site of www.peliconb~yc9mmunid~.5,5:CZL~. si~c which produces a list of Pelican Bay only sites. Dr. Varlcy asked if you have to get 1o flint wiflfin the "Inside Naples"? Mr. Curry replied no, you just type the www.~licanbavcommunifics.com into your brov,'ser at any time. Our new software is easier to use fluan previous software. I can come back in a month if you would like and bring back a projector and go to it in depth if you would like. Dr. VatIcy asked if Mr. Curt2,.' would please do d~t. Dr. Varlcy asked if Mrs. Smith Itad an)' comments about the site? Mrs. Smith replied no, it has been very easy. Mr. Griffith stated that when you get into die Naples Daily News site there is not an obvious Pelican Bay silc. If you don't have the address you may never find it. There ought to be something a little more obvious. Mr. Cun'y replied titat the navigation would become a little more apparent. We are just shafting to walk with this new system and there have been some technical issues with them. Mrs. Joam~e Smith - Pelican Bay Women's League Women - If the Women's League would post a site is any approval necessary for content? Mr. Curry replied no. The only approval fit:it comes is when someone creates a page. We do not exercise editorial judgment over fllese sites. Tlmt is not what we are there for. This is a community effort that people want to communicate with. If somebody puts up a site in )'our name and you called saying illere was a problem. 1 would address d~at point. Also. if someone in your organization wifl~ the authorily to change die web site was doing something you did not want. we could always eliminate that administrative function from anyone wilhout hurting the silo. Dr. Verity staled tirol soon someone is going to Imvc to let people in Pelican Bay know this is going on. I don't drink we are to tlmt point yet. maybe we are. Doyou have an)' words o£advicc as to how that is best done'? 35.~4 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 Mr. Curry replied d~al file Ifighcr up the tree you go on a mass ltmiling. If each homeowners group sent out a notice tlmt would be fine. If filere ',,,'ere some kind of an annual mass mailing for six to cight months away, that would be best. Once word gels arounck it will build on itself. Dr. Vatlay asked if it required a substantive discussion about what is going on so people really undcrst,'md how to use it? Mr. Curry replied tlmt if they come there and look at file Pelican Bay Sen'ices Division. Mrs. Smifl~ is posting agendas and the minutes will be posted as soon as she gels more space. It comes down to what information you as a group want to prcscnt and people will go there for that information. If I did not live in Pelican Bay and was a casual s~fcr, I would not want to search )'our meeting agendas. You are going to have people looking for information and informalion to act on. Dr. Varlcy asked if it was sufficient to makc a slatemeal in a z~mss mailing flint Pelican Day has a web sit and this is the address, or does it require an explanation7 Mr. Curry replicd that 1 belicve the addrcss would be enough. You will be surpriscd, pcoplc will find file information they are looking for ,and they will get Illere. Mrs. Carol Failing - Pelican Bay Womcn's League - Wlmt happens if someone else wants to add to the site, something, which we fclt, should not be included? Can flint be stopped? Mr. CurD.' replied it is not that easy. When you crc:nc a page. onc person has the authority to make file postings. I have never had thai kind of problem. but only one person has the authority to do llmk or if you give out filet password il can be changed laler. Dr. Varley stated that he feels this will change a real problem we lmve in file community about communications. Mr. Curt')' stated Illat he ,,,,'ill come back next month and show cvcr)'body where we are. I am sure we will be further along than we are now. Dr. VatIcy stated I/tat Mr, Hasson vmd Mrs. Smith have bee,1 working hard to get our Minutes onto this site. I Ired thougilt we would wait before we put Minutes on the site Io be sure tirol we had tile sile up and running. Does lhe Co,mnittee have any feelings about thai? Mr. Hagell replied, "go with it". Mr. Rocllig stated that we should post them as soon as possible. 3545 PELICAN BAY ADVISORY COMMI'I'ff'EE AUGUST 4, 1999 16H Dr. Varley asked the entire Minules? Mr. Herrell rcplicd, "everything". Mrs. McCarthy stated "and the agendas". PRESENTATION OF WATER QUALITY REPQRT FOR PELICAN BAY AND CLAM BAY Mr. Steve Means of Wilson. Miller explained titat he was the Engineer of Record for tile Pelican Bay Services DMsion and Ires been since 1987. A couple of months ago staff was asked to take file water quality dam that Itas been collected since 1982 in Pelican Bay and Clam Bay and organize that data and present it to the Committee. Mr. Means gave a slide presentation of the Water Qualily Report for Clam Bay and Pelican Bay to show tile Ifiglfiiglns of tire report. Mr, Means explained the parameters that were sampled. the purpose for thc sampling and at what location each sample was takcn. Dr. Varlcy asked if dissolved oxygen in the water would have anything to do with the ground in which the mangroves are growing? Mr. Means replied that he does not know, but remembcrs going through file litany of experts on why the n'mngrovcs died off. Somebody looked at tiffs data and tried to correlate the die-off with this and I am not aware that any one could draw a correlation, I think tile final conclusion was that the mangroves died frmn drowning. Mr. Gr//fith asked if the thresholds flint are being compared are wlmt categorizes Class II and Class Ill waters? Mr. Means replied in the ,'fffirnmtive. Mr. Metres continued firat the conclusion flint can bc drown is tirol file Pelican Bay Water Management System is functioning as intended, which is to scrub the v,':~tcr before it goes into Clam Bay. Dr. V:uicy asked if there was an acceptable level of nitrates? Mr. Means replied that they went into tile Sh"ltules and could not find a nmtching level. Dr. VatIcy asked if this data was compared to any other pris:inc area? Mr. Means replied no. that mas not par~ of'our scope. The idea was to look at the data and if there was anything Ilmt popped out. then you may want lo dirccl mc to go off and look at something To try and draw all of the conclusions out o£the first step is very difficult Io do. PELICAN BAY ADVISORY COMMI'VI'EE AUGUST 4, 1999 16H 2 Dr. Varify stated fitat it seems to him that with all of the fuss tlmt is made about fertilizer and water, somebody ought to have that irtfonnation right at their fingertips. The Conscrvancy ought to know what the level ought to be, or less than, in order to be acccptablc. You have no idea if those are acceptable levels or not? Mr. Means rep{icd titat hc did not, Mr. Rocllig cxplaincd fitat it would be interesting to compare this data to Naples Bay water and other watcring locations to gct a rclat/vc situation, It appcars to bc very low, Dr. Varify askcd Mr. Turrcll if the nitrate levcls wcrc acccptable levels? Mr, Tutrcll rcpticd that hc did not know the acccptablc Icvcls. Mr. Means stated that is one thing tim/can be looked into further. It is a good qucstion and worth looking into. Dr. V,'uicy explained that he was on tile Ad Hoc Mangrove Committce and was sitting next to the person who runs Rookcv,.' Bay. [ asked lfim if we could compare our data because they were convinced that it was the bad water out here killing the mangroves, He told me the.,,' did not have an)' data. I don't know how far we are going to get with it, but it would seem to me titat somcbody ought to know. with all of the yelling tltat there is about fertilizers and ~ter. Mr. GrilT, th stated that the water ,rtam'~gcmcnt s).'s~e,n is showing where tile loading is and when you get into the bay it drops and shows the dislx',rity tlu~t the ~'stcm is doing somclhing to Iov,'er it. Mr. Rocl{ig explained that there are drinking water standards. which can be compared Mr. Means stated that a drinking water standard would not be a fair comp,'uison. Mr. Werner stated that instead of asking Mr. Means to spend Iris good time doing this. v,'hy don't we just ask the County. l am sure they must lmve titis data and witat is ~d is not acceptable. Mr. Means replied tltat we got this information from Mr. Hatcher and I could certainly ask him to take a look at this information and see if he has anything to add to it. We can look at tiffs dam all ckU,' long, but unless there ltas been obse,x'ations over time of lite system ~d how it has reacted psychologically, it is difhcult to draw conclusions on whether any of Ibis has Ifad an impact. Dr. Varify stated flint it would be Iris guess titat when Pelican Bay was created and whoever dictated titat titere were going to be samples taken ,'red I suppose it was tim Am~>' Corps of Engineers or the 3547 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 Environmcntal Protection Agency, riley must have had some reason in mind for doing all of these ~amplings. Did you find any reason why they wanted all of this? Mr. Means replied that is a recommendation that I have in the back of this report and if you .."'ill bear with mca minute wc .."'ill get to tirol point. Conclusions in tile data show a D.O. drop below MCL for thai period of time. On the good side file Dissolved Oxygen is rebounding and is on an upward trend. We could not identify any other significant trends from tile data. that we could explain. Mr. Means continued that file recommendation tlmt we have for you based on Dr. Varlcy's question. is flint we trove bushels o£ data and we Im..'c gone happily along collecting this dam without knowing why we are gathering it. My recommendation to you would be to let us. the County or someone on your staff look to see why tlmt data was inlcnded to be collected and is any more? Also, are you spending money that you do not need to be spending? Mr. Rocllig asked if Mr. Means knew if tiffs was being routinely furnished to the State? Mr. Means replied that he does not know. Dr. VatIcy asked Mr. Lukasz if anyone gets the Mr. Lukasz replied that we I~ad sent that irffornmdon to South Florida Water Management about three ),cars ago and that is when they rcduccd tile vanount o£ sampling they rcquircd us to take. Wc used Io take additional .~amp[cs inside the ~'stcm, but they allowed us to reduce that number. They did request that we continuc with the remaining sampling. bul riley are not rcquircd to be tumcd in on a regular basis. Mr. ReelJig commented that this came up in a budget meeting a .,,'car ago and it ',,,'as put in tile budget to be donc. It is good to see a little r~lionale that we Ixavc been coliccling data for ten to fiflccn years m~d no"',' wc finall)' havc an analysis. which is good. Mr. Rocllig stated whal really is incredible is that ..re have been collecting it and put it on the shelf. It is not anyone in particulars fault. but it is a great investment and it could lmvc at least been an~)2cd. Dr. Varlcy staled flu~t what is even Illore incredible is Ill:it when we were in the midst of this die off every environmental group told us immediately it was because of fl~c bad water and all o£ the fertilizer we were putting in the bay. Here we have all of this data Ihal nobody would look at. but they were making PELICAN BAY ADVISORY COM2v~ITTEE AUGUST 4, 1999 2 this grand declaration, It looks to me as fixough it is not ','eD' bad if you constrict that 1980 was good wamr and it has not changed a whole lot tlu'ough the years. Dr. Varley asked if that was Mr, Means' conclusion? Mr. Means replied from the data, yes. Mr. Ward explained that from his perspective, the regulator).' agencies back in 1978 when we were permitting this project, basically said that we want you to collect all of this data. What we want to know at the end of the day is if there is some difference between pre and post development in terms of the water qualify tlmt happened either in Pelican Bay or Clam Bay. When we finished the analysis that is what eveo'one wanted to find out. You can only tell that by taking all of this data over lime and it seems to bas/cally prove dmt tilere is not a sigrfificant difference between prc ,and post dcvclopmcnl. That is all it ,,,,'as ever intended to do. Dr. VatIcy statcd that it appears to him that the question of whether this v,.'stcm working correcdy should have been asked back then. This would ~ugges! Io me that it is working. Mr, Means rcplicd Illat from a walcr qualit)' standpoinl i~ is working Dr. Varley stated that I am son'3,' that you did not look at some of tile sampling sites thai werc back up in tile ponds. I think flint would lmve really made the analysis. Mr. Means stated 1 could still do fitat. Mrs. McCarthy stated fixat you might give some thought to calling some people at tile Conservancy and forcing them to read and digesl all of this and come to the same conclusion as you have come to. I remember them telling you litat it was absolutely tile water qu,qlity. Dr. Varlcv staled that I dcbalcd tiffs with Mr, Guggenheim and he rcfuscd to even look at tile argtunent. Tkis is kited of a landmark day, After having colleclcd this data for fifteen )'cars it has finall)' been looked at. Mrs. Kay Poacr - President of the Mangrove Action Group - Wc have collected a great deal of i. nforrnation and data over the )'ears. Have you found Dr. Karen McKcc's work? She came here as an expert from tile University o£ Louisiana and spent three days sampling thc soil. Shc found that the soil was in poor condition ~md would affect tile groxxlh of Ihe mangrove roots. That information was providcd to ','adous organSnations. l fifiak ] can still find her records and see that you get them. h might add to thc soil sampling. 3549 PELICAN BAY ADVISORY COMMrITEE AUGUST 4, 1999 16H 2 Dr. VatIcy asked Mr. Ward ifhe has that dala? Mr, Ward replied fitat he remembers that dam and believes it was turned over to Mr, Brown for permitting purposes. Mrs. Potlet stated tint we also have some other data tltat might help with this correlation. As I recall when tile mangroves really died in the north area. fitat was in 1995/1996. Dr. McKee had said that it takes mangroves a long time to die. They are not totally dead until the roots die, I'll be glad to give you any of the information titat l Itave, Mr. Roellig stated dm[ Mr. Lewis has thai ckata because it has bccn discussed some. We can talk to him about drat dam and ifhe ltas it we can get it. Commissioner Carter asked tlmt a copy of this report be sent to Mr. Guggenheim at the Conscp,'anc3'. I think you really need to gel on record with them to show the correlation and take it out of his mind forever. SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMITTEE Mr. Rocllig reported tlmt about a week ago there was a pro--construction meeting for the Lewis project. That work will slart about mid-month and should be completed in about twenty to thirty days. We have talked to Mr. Ward and he is in discussion with Mr. Lewis about the remaining pltascs of the work that was in the Management Plan. We are looking to get him to initiate that work. In talking with Mr. Ward there is an estimate of approximately S80,000.$90,000 for tile tenn,'fining two phases and we are continuing to work to get that undcm'ay. We had talked at the l:m meeting about doing the second pltase. but I think we want to do d~e remaining pltases because as it tums out. one of the costs seems to be handling the regulatory folks and in my mind you should suffer once rather fitan suffer twice. It is such a modest amount and is available in the funds for the Clam Bay Restoration and we are proceeding ah~d on that pltase. Dr. Varley asked if that was in our permit? Mr. Rocllig replied that it is. but the agencies still keep their fingers in it and every time we start something it is like going back to ground zero. It is a whole new balllxu'k and we have someone working here now and hopefully we can keep the firing going and wrap it all up in tl~e next six to eight months. 3550 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 Dr. Varley stated fitat he remembered this Committee agreed to fund the first two phases. Mr. Rocllig replied that is correct, but we are recommending throwing in phase three and coml:)lcting the entire thing. Mr. Rocllig continued titat he attended tile pre-construcfion conference on the Seagate Culverts. The contract has been executed and fl~e contractor will be starting in two to three weeks. The construction period is a couple of weeks. Tile flap gates have to be manufactured and may take six weeks to get. but file basic situation is fluat the construction will be completed and the gates can be slipped over the pipes once they arc manufactured. Mr. Rocllig staled tluat tilere are still phone discussions on resolving some concerns that the FDEP has on the work fitat was done. I talked to Mr. Tun'ell and we have agreed tl~at what we need to do is wrap this up and he is looking to go to Tallahassee on Friday. Mr. Rocllig reported titat tile increase for the contract modifications for Turfell and Associates and Humiston and Moore was approved at tile Count.,,, Commission yesterday. Mr. Turrcll reported fiu]t tilere is a meeting scheduled in Tallaltassce for 10:00 AM on Friday. In my opinion it is a "close the deal meeting". That should wrap it up. As far as the work we are doing, file draft studies are due this month and we are in the process of getting those done on time. Nothing has come up during the research of those titat is of any concern, We are also going to try to expedite those in terms of putting them to bed. ]t will be several months by tile time it goes through a review of the Sub- com[rtittec, goes to the FDEP and comes back and you will be hearing about that for a while. I don't see any bad news tilere. Dr. Varify stated lhat it has bccn three or four months that we ]rove been waiting and not knowing if anything is going. When ,are we going to ltave something titat wc can see whal you are doing? Mr. Tu. rrcll replied that it would be this momh. The rcpotas are due in August. I lad hoped to have them by now but we have been langled up tn.'ing to gct thc FDEP out of our hair. The concerns the)' had were file siltetlon in the offshore community. I got my undoriveter video system and ridtoed it and sent it to them to compare with IhcJr video. I think that problem Ires gone away. The only other issue is their concern over some of the sediment fitat was put on the be~ch and not meeting specifications. I don't think there is a problem there either. I am hoping tomorrow IluH all of tlmt stuff is done. 355l PELICAN BAY ADVISORY COMMITrEE AUGUST 4, 1999 16H Mr. Tun'ell continued that the only othcr thing they arc working on are the canoe things and have a draft available next menill for you. We are shooting at gctting sometiring so that a dratl can be approvcd before the people get back here in November. Tlu~t is something that they can actually take in tile field if they ,,,,'anted to. Every time I go out filere I feel that is tile best secondary benefit you have. You have access to areas that you did not have before. TImt will also be in a format that cnn be on your we site Mr. Griffith asked in Creeks l, 2 and 3 and tile Main Channel. the balance, does that mean dial we have come under budget and are there invoices oulstanding? Mr. Ward replied that we are done and under budget. Mr. Werner asked if Mr. Tun'ell has been paid file $31.0007 Mr. Rocllig replied no tlmt was just approved 5'esterday. We are holding back a little money to complete the restoration of the disposal areas. Mr. Ward explained ,.ve held back $8.000. What you are under budget is primarily attributable to the contribution tlmt came in from TDC Funds. Dr. Vmicy asked as you read tile Total Appropriations line across. do I understand that we have $1,000,000 left? Mr. Ward replied it essentially means flint you have a certain amount of money left at this point. most of which is still encumbered for various projects. Tilere is roughly tlmt much cash left in fi~c bank. Dr. VatIcy asked Mr. Ward's guess of the amount cncmnbercd in that total? How could tilere be very much encmnbcred at tim moment? Mr. Ward replied that encumbered means money tlu~t we have left to build the balance of the project. You still ha;'e Mr. Lewis. Seagate Cuh'cns. ecosystem enhancements to the extent that you do it, you still have a lot left to do with file Frcshwater/Slonnwatcr Analysis and you have roughly file $90.000 for Phase two and flu-ce cuts. If you ,,,.,ant to know exactly how much we have today, I c:m get Ihal for you. That is an addition~ analysis Ihat I have done and is available. Mr. Werner stated that u'hen you say this is like money in tile back. you are assuming that WCI is making the balance of flmir contribution up to $1,000.000. Mr. Ward replied )'cs and tile.',' have been consistcnlly making them on time. 3552 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 Mr. Werner stated that was not the comment. The comment was that we arc showing a balance of $1,114.000. It is really not money in tile bank. Mr. Rocllig replied that is our money and that any WCI funds are in addition to those funds. Dr. VatIcy stated Umt several of us would like to knox,,' where we are overall and there arc several projects we have not gotten started with reserves allocaled for various parts of the project. Given that those come in somewhere near budget. wilere are we going to come out at the end of all of this? Mr. Ward replied that he would send that information to you. Mr. Rocllig stated tluat it is safe to .say tluat it is in the $100,000's of thousands of dollars. but we are not done yet and do not know what the regulatory agencies will do to us. Dr. Varlcy stated fimt he Ires been ,,~,'aiting to see the analysis of the tidal flows after the drcdging was done. Wlmt does it look like and are we going to get a report of that? Mr. Turfell stated fluat a draft had been given to the Committee. Dr. VatIcy replied yes, but it v,,'as ,,'cry crude. You s,qid you were going to have the data here shortly. Mr. Tugell replied tim/ he would get something more formal on dml. Basicall.,,' we showed an enhancement of the lickql prism in both of tile lagoons. Dr. Varley stated tlmt is what we did all o£lhis for. Mr. Turfell replied Humiston and Moore have been working on tlmt ,and keep getting drug back into the F'DEP and have spent nine out of ten hours with them. By ncxl month we should have dial information. Dr. VatIcy asked if progress reports lind been sent to FDEP? In the permit it said tlmt you Mve report ¢vcq,' couple days. Mr. Tun'ell replied that v,,e talk to them every couple days. Dr. Varley replied l mean a formal report. Mr. Turfell replied those written reports Imve been submitted. Dr. Varley asked that this group get a copy of lhose reports. Mr. Turfell replied lie would provide those. Mr. Wcn~er asked if Mr. Ward is copied on Ihosc reports? 3553 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 Mr. Tun'ell replied that Mr. Lukasz is copied on all reports. LONG RANGE PLANNING St/B-CO51MI'I"rEE Mr. Werner reported fitat there lmve been no meetings and will probably not have one until next month. Dr. Varley explained dkat he lind a conversation with Mrs. Watts and that the $75,000 that WCI agreed to pay was a real commitment on their pan, of which $11,000 Ikas already been paid to the property owners. She assumed tile balance of it would be paid and there would be no problem. 'Ilkat was just for Phase One froin Gulf Park soulh and she thought we ought to go back and ask for $75,000 more for Gulf Park north. I discovered that she is on tile Bard of Naplescape and knew all about what we were doing. She indicaled she would be very glad to go to WCI with us and talk Io them. Some time down the road we may want to go and visit with them about their contribution. Mr. Werner asked how Ihat could be done in the Sunshine? Do you want me to contact them? Dr. VatIcy replied no. I thought was should wait until the County's budget was sellled and we were all sure that rids was a sure project. Mr. Hoyt stated you might do well by getting the 564,000 and then approach the balance. Mr. Viasilo asked if tl'.'~t commitment wasn't to the Pelican Bay Properly Owners and shouldn't the)' be tile one to ask for it? Dr. Marie)' stated that he got a copy of tile letter and at titat time WCI felt tile balance was going to be paid when they establishcd titat tlmr¢ was someone with a reasonable funding source Io take tile project over. I would presume that it was a given tlmt it would become us. Mr. GrilT~th stated tlu~t Mr. Dwight Thomas took over when Mrs. Watts left and he would be tile contact now. Mr. GrilTnh stated tltat he and Mr. Ward oug}ll IO mcct with Mr. Thomas and find otll exactly what has [mppencd. We can report back tile status and gct it rcsolved. If it is inconclusive at that point. thcn the Committee can take action. Dr. VatIcy statcd that Ms. Walls Itad voluntccrcd to go with us. I don't know whcthcr you tlfink thal is a good idea or not. Mr. GrifFnh replied he would contact Mrs. Waits. ~55-~ PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 FULL TIME MANAGER SUB-COMMITTEE Mr. Vlasho reported fluat when we were discussing the budget we discussed the perceived need to pursue the need of a full time manager. The Committee at that time passed a motion for the Chainruan to appoint a Sub-committee, wltich hc luas done, to research and come back wilh a recommcnd,afion. In addition, there was $50,000 placed in fire coming )'ears' budget. The Sub-committee was made up of Mr. Harrell, Dr. VatIcy, Mr. Werner. Mr. Carroll and myself. We Mve met twice and you Mve received copies of our July 7, 1999 Meeting Minutes. We also lad a meeting just prior to this meeting, at 1:00 P.M, today, Mr. Vlasho continued that we had discussed at length the need for a full time manager. We have arrived at a consensus tluat says tluat we need more time from a manager and a more pro-active manager. We are not quite sure if we need a full time forty-hour person or whether we need someone moving towards five days a week. The consensus is that we do need more time. None of tiffs is a reflection on Mr. Ward and his capabilities, The fact of the matter is fitat he can only give us one day a week, in addition to his other responsibilities. We Itad concluded fitat the manager would be hired as a consultant as Mr. Ward is hired now. Tluu is, since we are looking for someone to be more pro-active and involved we did not want to get lfim into the County's system as a full time employee of the Count)'. We thought that might create some stretching of the person. Mr. Vlasho explained that we have had some discussions with the County Manager's Office. One of our members met with Mr. Ilselmer who Mr. Ward now reports to tllrough the County struclm'C and had a report back ttmt he sees no problem on fids type of situation. Wc Im'e talked about how to plxasc this in over a period of time, so that it does not become a two-man position. but stays a one. We do not know exactly how long at this point tlmt would take. but we do know thai for some period of time there would be a doubling up of staff,'md our budget tile way it was approved allows for that. We drink that the range that we would hire somebody in would be in file $60,000-$75,000 range. We talked about individuals with and without experience. We have a job description fixat is in the final stages of being wordsmithed. It is a rather extensive description fixat Dr, Varley took the initiative on, but then we made some minor changes it. Mr, Vlasho continued flint we wanted to move toward some action by the Commi£tce so tlmt we do not continue Io meet and operate in a vacuum. The Sub..commiucc passed the motion tlmt 3555 PELICAN BAY ADVISORY COMMITTEE AUGUST 4. 1999 vzcommcnd to this Committcc tint we consider the hiring of a more full time managcr and at this particular time ttmt is what I think wc will call it, more of a full time manger. The vole on that was four to one. We had four totall,')' in favor and one tint is against it. At titis point 1 would like to ask Commitlcc mcmbers for comments. Mr. Werner stated that you Inight want to list the additional duties wcscc for rids person. Mr. Vlasho rcplicd the additional dutic$ would includc bcing a full time advocate of Pclican Bay inlcr~sts, in addition to doing the functions tint our current managcr handles. Would intcrac! on a rcgular basis with people like the County Commissioners, the nc'`vs mcdia, the Cib' of Naples and various associations such as Pine Ridge, Stagarc, ctc, Would be acfivcly involvcd with the Pelican Bay Foundation, the Pelican Bay Propcrly Owners and tile Prcsidcnl's Association. Would scarch for grant money and funding for projccls within Pelican Bay. Would at/end various mectings such as Count>' Commissioncr's Meetings and all thc mccfings within Pclican Bay. Would be available to local condomirdmn associations and would be really at 01c disposal of this Committcc Io handle any othcr r~sponsibilitics that we sce fit to assign ~o him. Mr. Hartell cxplaincd that so cvcryone undcrstands whcrc wc arc, I was thc only "no" votc on our Sub-committee. My vicv.' ',','as basically that it wasn't brokcn and there is no rcason to fix it. I have sat on the Advisop,.' Cornretiree for six >'cars and I respectfully disagree with their views. We had some very intelligent convcrsations about it and I do not tldnk wc arc in a position, ~vhcrc Pelican Bay is in a situation whcr¢ wc nccd ~o go finding anothcr [aycr burcaucmcy and anothcr way of doing things. Wc have a situation that v,'orks very good, but I do think we havc a siltration ~vhcrc wc ahvays nccd to look at tile future and whcrc ~vc need to go. We nccd to keep looking for in depth answcrs to questions and nccd to be proactive to many issues. My view was that we did not have a siluation Illat was broken and I don't think we need to fix it. Mr. Viasilo askcd Mr. C;lrroll if he had any comments? Mr. Carroll rcplieck that he did not have any comments. Mr. Werner stated that to ciera' up what Mr. Hartell said. we are not looking for another layer of bureaucracy. We are looking for a person similar to Mr. Ward that can devote more time to file job and perform additional duties. 353(, ,,. ] '[[ · ] · ...... I I I - - ~ Illl .... [ I F ...... PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 Mr. Vlasho asked Dr. VatIcy if lie had any co~nments7 Dr. Varley replied "not really". Mr. Bawduaiak stated fixat we are nc:lr build out and tigs implies that at some point in the future we are reaching some plateau of needs. We are not tiicre yet, but it is in sight. Such a position is a stretch based on Section Four of Ordinance 90-111, which is our purpose. It does not bother me a bit. Maybe need a stretch and we should be taking care of ourselves more in a sense of goverrunent than less. I feel very strongly about Mr. Ward. We saw an example this morning at the Foundation Meeting where the whole crew sat up there and reported very candidly over Nil'. Esles' departure, none of them knew he had a contract. Tiffs is a lgstorical titread that is very important and I Lhink Mr. Ward provides that historical tlu'ead to titis fimction. No mailer what comes out in tile future, we should make sure ti~at Mr. Ward is still attached to us. There is value timre that would take )'cars and )'ears to replace. To echo something titat just heard liere a minute ago, I think things are going along pretty well from wlmt [ understand and do ,.vc have any' major problem, probably not. Concern with tile future is always wise and clearly there are some things titat have to be done on more tlu.'m the one-day basis that Mr. Ward is available to us. Mr. Bawdurtia. k continued that organizational structure suggests titat when you are going to consider a position you step back a couple steps and take a look at tile list of needsAvants. You tD' to determine what you really need and what you really ,,,,'ant and then work a job description around that. It sounds as if you have had a good look at that. I have heard tasks such nitend Count)' Commissioner's meetings. I also heard it mentioned tixat 99% of tile time events that take place at the Commission Meetings don't really directly impact us and I figure that is what we have Commissioner Carter for. something comes up at a County Commission meeting, I know we can count on him to let us know there is something we should be aware of and we should or should not do something in a sense other groups in the City handle the liaison with a lot of co,nmittees. and I have to qualify in the City, because I have some familiarity Ihcrc. by appointing a representative and an alternate. We Imvc tlfirlccn people on lilts MSTBU and somcbody could bc assigncd to Seagate and somebody could be assigncd sonic place else as a liaison and I don't think it is quite as effective to have one pcrson assigned because we are all bus)'. Sonic are retired and busy and some are working ,and busy. This has worked ,.'cry. well in the City. They are ahvays covcrcd. I can't say Illat we don't really nccd someone two or thrcc days cxtra. but I would ask us 3557 PELICAN BAY ADVIEORY COMMI'I'q'EE AUGUST 4, 1999 1614 2 all to consider fitat wc ,hake sure whatcvcr w~ do supplements Iraring/vlf. Ward with us. You nccd to come up with ast asscssmcnt and if' you need someone part time titat is a real challcngc. Whcrc arc you going to get somebody with an MPA or MBA that is going to work part time? It is nol going to happen, so you are going to have to have a certain segment o£ the population titat you look at as rclircs or people thai only want to work pan time who are close lo us and are going to be advocates for us. A full time person with tile implication of' succeeding Mr. Ward, okay, then you can bring in any type of person but you have to make sure there is five days worlh of work and in a couple of .;'cars he could take over. Then I would have to say a real evaluation is in order. Mr. Ward says tilere is not five days work and we have to add some weight to Iris opinion because hc ltas been witi~ you so long. Mr. David Rocllig stated tltat one of the items mentioned was going out ,and looking for grants and money, That is a ,,'ep,.' dangerous tiling for us to do because wc have some public money coming in here, but I can assure you if you get significant public money you will gc! public acccss. With public money comes public access and that is ;u~ absolute guarantee, I have never seca where you can accept public money or grants for very long before somebody says you have to have public parking, public access. If the public is paying bills here, they have the right to access. It is a situation I have seen with ti~e Army Corps of Engineers tlmt where public money goes in, tl;cre has to be public access. While wc have accepted a small amount of money relative to our budget, I would be veq' concerned about looking for significant public money if we want to keep our access tile way it is. Mr. Rocliig continued that [ I~.lvc worked with Mr. \Vard over tire past year and I titink Itc ,and Mr. Lukasz ltave been a great team to work witii. My personal opinion is that my view of Mr. Ward is ti~at if you gave ltim an assistant he is the v,.'pe of person where with t~vo people you ~ould get less output titan you would witIt Mr. Ward at the present time. He is an accomplished professional who knows how to make tittags happen and if Itc ltad to hold someone's hand and guide him. the productivity would go down. It sounds if there is a philosophical difference on the Committee, To me l think of tiffs group as basically a Public Works Department. \Ve trim tile bushes and take care of tile water mmmgcmcnt. Another caution I would have is titat you arc a public group and it sounds as if you want to get into PR a littleand titat you want to deal witil tile Naples Daily News, etc. ! think you will find people get upset if they get the feeling titat you are using their tax dolkn's to promote your PR interests. Those arc my basic concerns. I also don't 355~ ~ , . [[ , [, [m [[ t,[ m[[ [[11 III II Ill Illllllllll II .... II Ill ................... 111 ....... PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 feel that the situation is broken and needs fixing. 711ere may be an oppontmity when Nit. Estes leaves the Foundation to consider some kind of a joint venture with them as far as communib' outreach is concerned. Mr. Grifl'tth stated he does not quile understand what Mr. Rocllig means by one manager for both. Mr. Rocllig replied that the Foundation is going to be looking for a new General Manager, Thcre is actually a fair amount of overlap in some of the things tirat thc Foundation and tiffs Committec does. Wc have a lot ofovcrlap. It is l~ard to imagine having a Gcncral Managcr for cach group, both looking out for the residents intercst. You have tv,'o General Managers that hopc£ully will be working in conccr~. Mr. Griffith statcd tl~'~t would open the possibilily down the road to a possible conflict of intcrcst by rcprcscndng t''vo entities. If a conflict were to arise to have that General Managcr choo~ a loyalty to somcbody. wou)d be unfair to both. Mr. Roctlig rcplicd that it could be, but the customers of both organizations arc basicall)' the same. Mr. Griffith replied that the body of each entity arc the residents of Pclican Bay, but on the other hand one is still undcr thc auspices of the Count.,,' and thc othcr is under thc auspices of thc rcsidcnts. There is always the possibility where conflict can arise. It might never occur, but if it did that would be tough. Mrs. McCarthy stated fitat she is in total agreement with Mr. Bawduniak and Mr. Rocllig. Pelican Bay Sen'ices Division runs almost pcffeclly. We all have a lot of frustrations throughout the community, not just tiffs Co~mnittce, tltat we would like to be more represented and would like a Illtic better treatment from some folks in the Count)'. A lot of things we would like to have, but I don't think it is appropriate to this orga. nization. The MSTBU from everytiring I l~avc been told and read about. our function is to determine wlmt the infn~structurc needs of titis communib' are, to tax fitis com~nunity wisely and to spend this community money. I believe we are exactly a Public Works Dcparuucnt. We are a governmental Public Works outfit For our little community of Pelican Bay. Mrs. McCarthy continued flint I kave read the Minutes and I must say fl~at I had the thought that this was a solution looking for a problem. Then I thought I just didn't 'knox,,' enough. In listening to what you say you want lifts n¢''v body to do. i! is really to attend meetings and do PR. l am sure, as a community we do need tiffs. but I don't think it is appropriate to the MSTBU Io do it. I would tell you that Mr. Ward and 1 lnve quite often butted heads and Imn never quiet about disagreeing with him. Mr. Ward knows where all of tlte bodies are buried and there is u'emcndous value in that. There is never a qucstion that we 3559 PELICAN BAY ADVISORY COM)dlTH~E AUGUST 4, 1999 2 ~sk that he does not know the history of it. When Mr. Ward is not around I have never had a problem going directly lo Mr. Lukasz for problems in the community that need to be addressed. I have never had a problem getting access to anybody. The Pelican Bay Sen'ices Division structure does probably one of the best jobs of maintaining a community with what I feel is a ,,'cry limited budget. l drink Mr. Ward makes it perfectly clear fitat there isn't enough to do. The only tiring I can see from what has been mentioned is a PR function and I don't think is appropriate. We talked about $75,000 a year plus benefits and is more d~an Mr. Ward is making and what you are going to end up Iraring is $75,000 plus benefits, plus Mr. Ward pan time. I just don't thi~ffc this community needs more dollars to be thrown ~o be PR oriented. I think if we are going to fitrow some ,honey out, we need to do some dfings that we have cut back in our budget and I want to talk about later having to do with street lights, etc, Those are the kinds of filings we should be focusing on. If you want information, we have plenty of members of our Committee who sit on other Boards. I sit on the Pelican bay Property Owner's Board and I would be glad to give a mentidy report on what goes on there, we don't need to send somebody thai we pay to do that. We have a person like Mr. Mudge who would be happy to attend a couple of meetings. Mrs. McCarthy explained, so if x~e get tiffs input, how is it going to change ,,,,'hat our basic function is? Our funclion is to determine what is broken, fix it and then maintain some of the filings xve already have. Going to these meetings is not going Io positively impact Ilmt. Going to these meetings might tnakc some of us frustrated residehis feel better because we lmve a say. but tlmt is not the role of the MSTI3U, If anything, it is tile role of file Pelican Bay Property O~vncrs. Whether they are doing it effectively, l cannot speak Io that. l think this is unnecessary. [ repeat it [s a solution looking for a problem. I think it isn't broken and is developing n life of its own and I hope we can put a little bit of a stop Io this. This is going awfully fast. folks. Mr. Griffith stated a lot has been said and I cannot say much more th,'m what has been said. I don't believe the problcln is necessarily rc~olvcd by changing out Mr. Ward. I think to look at it simplistically, flint in looking at a problem is just like looking at )'our own employees and you have Io deal v, ith it. If it is not m:uor and is minor. you work with it. You tr).' to solve it the way it is rather throwing the whole thing ou~. I tlfink Mr. Ward has a lot of value in file hJstoQ' that cannot be replaced and if we bring somebody else in, tiffs new person is going to have to have toolage. \Vho is going to say that 3560 I 111 .........!111111 IIIII ....................III ....... PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 Mr. Ward is going to stick around to provide that toolage? If that were the case, I think we would really be sluck in a hole. There is really no one that can replace what Mr. Ward Ires in his mind to help that guy move along, the Committee included, I don't think you can find someone for $60,000-$70,000 of the caliber of Mr. Ward. I think you are really looking at over $100,000 in my honest opinion and he comes on board still without the benefit of the history of this community and district. Based on that summary, I do not think it is major enough to justify someone full time. Mr. Jolm Hoyt stated d~t dds Ms b~n building and the way we are structured has not accomplished the responsibilities of this body. Mr. Ward does not have dm time to put into what this Committee feels needs to be done and there is no point in our ~'ing to find an assistant. There isn't room enough for Mr. Ward and someone else. Whether we can share something with the Foundation. in my own mind I don't see how that could ever happen. It boils down that if Mr. Ward can't bake the time 1o do the job we want done, we need to find out what the alternatives arc. Mr. Ilsclmer stated that for clarification purposes, I was contacted by your Committee to respond to the question of could we expand to a full time manager position? My response to that was certainly you could, however. the indMdmll would still be an employee of the Courtly and would be an employee of the County Ad[niaistrators agency, just like Mr. Ward is on a contractual arrangement. Tlmt would not change. The County Administrator's Ordinance would preclude the individual being able to do thai role of being a Pelican Bay advocate, rcg~dlcss whether you expanded his duties to full time or not. If that is wh,'u I am heating fluat you need someone to do those kinds of things, that is a different role than >'our manager can perform under the current ordimmce. Mr. Ilselmer continued titat I was responding to the question could you expand from a one-day manager to a contractual arrangement to where you hired someone to become a fivcq:k~y mareget. Ccrlainly tiffs Conunittec could make 11mt recommcnck~tion to the Board of Coumy Commissioners as the Advisory Committee with the budget process being pul into place that could accomplish that. I don't think that person could sen'c as ,an advocate, as a consullant under flu: current Ordinance arrangement and go do some of the things you would like that indMdual ~o do. Mr. \Vcrncr stated that hc and Mr. Ilschner talked and snid we could consider a County employee or like Mr. Ward's arrangement Litat would be an alternative to a County employee. 3561 ............... :-i ill illnil ........ II I IIII II I II -'-- IIII ' I II PELICAN BAY ADVISORY COMMITfEE AUGUST 4, 1999 16H 2 Mr. Ilsclmcr rcplicd hc would still be pal of thc Count)' Administrators agcncy. Mr. Wcrncr replied he would report to the Count>' Administrator just as we have a relationship with the Board of Counly Commissioners. We are not trying Io circumvent lhal. The question ! have to Mr. Ilschncr is timt Mr. Ward repr¢senls fifteen of us. why couldn't this consultant be an advocate for Pelican Bay? Mr. Ilselmer replied that the County Administrator's Office has to become your advocate and advocate your position to tile Commission. Tilere is rtothing tlmt precludes the Committcc from advocating your postlion to the Commission as well. As a contract agent under tile County Administrators Agcnc:,.', thai person carmot lake it upon himself to become an advocalc zo go lobby or visit with all of the Commissioners. Th,'~t action hils to be orchestrarod through the Courtly Administrator olTme and then that kind ofaczivity can take place and not be in conflict with the Ordinance. Mr. Werner stated that ~vhcn the ncxvspapcr wanis to talk aboul Lhe rich people in Pelican Bay wanting to pay for their dying mangroves this person cannot go to the newspaper and straighten them out? Dr. VatIcy staled that we l'~l','e not gotten much advocacy from the County on this. Mr. Ilschner replied zllal we arc not in a position Io be advocams for that. We arc basicall.,,' an agency that is structured as Mrs. ,McCarthy mentioned Io provide Public Works' service for the Pelican Bay area. As ! undcrsla.nd the Ordinance. this Commiliee was appoinled by the Board of County Commissioners Io advise on those kinds of maltcrs and budget needs. What you arc talking about is somewhat above tlmt role. Mr. Werner replied "I think so". Mr. Ilschncr stated tlmz iz was mentioned Io him Ihat they obse~'¢d Ihe Airporl Authorily being a vcr)' strong advocale for tile airport. The Airpor~ Authority is a tolally differertl IFpe of agency tl~m tile MSTBU. Dr. Varlcy stated flint he sccs no point in being bcat up here. I feel I have bccn misled and maybe the Commitlee has. This went back to my original toolion thai in looking back al the budget this )'ear, I ~d a lot of frustrations as I I~ave Ired before. I don't see that wc had any longorange water quality managcment plan az all. AJI we heard ~oday is forced as an issue bec:~usc I Imve been quil¢ interested. We have no bcrm maintenance policy or beach cle:m up plan. We Imve no plan for improving our in'igafion ~'slem. no pl,'m 3562 PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 for the sweetlights, no plan for signage and no plan for controlling the exotics here, Until recently we had no budget review plan. It is not flint Ms. Ward can't do these, in my opinion from working with him a numbor of years, it is tlmt Mr. Ward doesn't have fi~e time to do this. Out of that is why I made the recommendation and toolion tlmt we begin to look into the idea of getting a full time person, I would remind file Committee tlmt the Committee voted unanimously in favor of it at that time. Dr. Varley continued that we started out with that in mind flint we needed somebody that was going to give us more time and to be tlfinking more pro-actively about lhcse kinds of problems that the community is facing. I gather that the Advisory Cornmince Ires probably changed its mind and I fifink that it probably means that we should go no further with this and dump the whole thing and forget about it. Mr. Vlasho stated that summarized avco'thing very nicely. \re must have been at different meetings and we forced the Sub-committee to meet several times and go tlwough discussions and all of the sudden we don't need it, but riot is the will of the Committee. Mr. Vlasho continued that I have had some cliscussions with the Foundation and there ae problems and we are just at tile preliminary stage. It is something that perhaps we should all watch and see where it all evob,,es before we close the book on the entire thing. I don't know whether it is rioable or not at this point. Dr. VatIcy stated flint if we look at ourselves as a Public Works Department, I illink we ought to stay fight where we are and forget about it. We just turn file crank and let the County run firings. Mr. Coyroll stated flint he could not agree with flint. There are too many points that were just made that have to be addressed. Dr. Valley stated that we are a Committee and have to go along wifi~ a majority vote as to what we are going to do. Mr. Werner stated flint Dr. Varley should t~e the lime to prepare the job description so that illere is a complete understanding by the other Committee members as to what we envision this manager to do. You can circulate tlmt description however it meets the Sunstrine requirements and be prepared to talk about firis at fl~e next meeting. Mr. Vlasho stated that might be a good decision, bul we only have a limited amount of time and 1 do not want to waste time on something that is going no where. \Vc approached it in an enthusiastic 3563 ............................. IUllll IIIIII III IIIIII II I II III- ~ II I ii i PELICAN BAY ADVISORY COMMITFEE AUGUST 4, 1999 16H 2 n~mner, v,'e ,,,,'ere to'lag to get something done and thought v,'c were on the right track. If we aren't, let's stop now. Mr. Werner stated that we kind o£dumped this on cvcr)'body in a real hunT. Mr. Harrcll rcplicd titat he did not think so. I think cvcryonc rc:ld the Minutcs and we lad an intelligent conversation about it. I would like some public input and would like to make a motion to ruble this item. Mr. Russ Mudge - Las Brims resident. 1 have becn associated with this fine group back to the Pelican Bay hnprovcmcnt District days, longer than anybody here Ires other fllan Mr. Ward. 1 think i[ is noi the thing to do. You are an Ad~'isory Commillce and a[ the mercy of the Counly and advise the County on what you want to do. I Illink Mr. Ward has done nn outstanding job. For what we pay, il is a bargain. Don't m~c a change. You have a fine group of people here, Icl's use the ability of the people on the Committee to work a lilde lmrder on some of these dfings and assign some of [l~cse responsibilities. l£you go out and get a new guy and pay ~;75,000 you arc going to pay an additional 35% of that in ogler filings for him. Tilere is no way tie should work with these other outfits, Sure, he should Ix: knowledgeable about those things, but that is not file job of this gentlcmnn. You are really taking the place of tile old PBID with no authority. You are an Advisory Comnfittce and it is up to the Count)' to do for Pelican Bay what you advise. You have a fine group here. bu! doll't chnngc it. Get on 1Ore a lilllc bit more £rom time to time, you have to, but he is responsive. Look nt tile background he has. Mr. Mudge asked Mr. Ward how many properties lie Ires? Mr. Ward replied his firm lms eighty-five districls. Mr. Werner stated that is part of tile reason. Mr. Ward Itas fifteen other districts likc ours, He can't spend titat much time on us. Secondly. tile County will do anything wc want them IO do as long as wc arc willing to pay for iL Mr. Mudgc replied fitat is not so, Tile Count.,,' m~cs tile decisions for us. They decide it. Mr. Werner asked for Mr. Mudge Io nmne something over the pasl six )'ears tlmt we have asked to do and the Count)' Itas said no to, that we Imve agreed to l~y for? Mr. Mudge stated that you just Imve to stay with the present syslcm. Mr. Werner replied )'cs. and just continue to agree to pay for them. PELICAN BAY ADVISORY COMMIT'fEE AUGUST 4, 1999 16H 2 Mrs. McCarthy stated that all of these desires for advocacy are legitimalc issues and I think there are man), people in the coremtrait)' that are drinking about these issues. Many people are frustrated. When I made my coremertL I just do not drink it is appropriate for us to be dial advocate. I do drink thcre should be some organization in Pelican Bay, official or unofficial. it can't be the Foundation and I don't think it can be us mad I don't know who it could be. There arc an awful lot of ','co' bright. very involved people who could form some sort of a giant homeowner~ group. A real group, that is an advocacy group. I don't think those of you on the Cotmnittee fiat ....anted to do this should not walk av,'ay frustrated. You should find an avenue in which to do it tlha[ is more all encompassing, Llhat will be able to use the energies of the people in d~s commudty. I will tell you there are an awful lot of frustrated people in dris commtmity. I jusl don't titink the MSTBU is Lhe avenue to solve tlmt frustration. All we are going to do is build more infrastructures and spend more money. which is not our role. I would be happy to work such a group if somebody ;,,'ants to get it together. Mr. Bawdurdak slated Llmt he feels the function of the Sub..committc¢ ..,,'as invaluable. It pulled together a lot of thoughts and information wlrich came forth in .','our Minutes which educated the rest of us who may not lm'e lind all of those thoughts. Mr. Vlasho saying tlmt you were wasting time. no way. You were certainly invaluable with the dialogue that took place in helping me come to the conclusion maybe not full time, but if we do anytiling we lucre to be very cautious. I dumk ;'ou and tile Sub-commiucc ,,'eD' much for dmt. Mrs. McCarthy stated that she agreed. Commissioner Carter s',nted dmt he agreed with Mr. Bawduniak. it ',,,'as not a waste of time. You are a taxing authority and Clminn,'m Varley outlined at the end some v¢~' critical tilings that you are faced with as a taxing authority. If' you are looking for more help titan one day froin Mr. Ward. perImps the direction I would suggest you take is to talk with Mr. Ward and his group to find out if there is some way that they can provide you addiliomd sen'ice to accomplish )'our objective. You are to'ing Io find a way that if something Imppens to this hislorian. you have a continuance. I encourage you to work with him as a taxing authorib' and take .,,'our lasl list of items and look to see if you need more assistance to get done what you need to get done, Mr. Ilschner is )'our official liaison u'ith the County. but you all Imve access to mc as a Commissioner. You all have access to an.,,' Commissioner to go and lobby them on ,an)' issues Ih:~l you 3565 PELICAN BAY ADVISORY COMMITYEE AUGUST 4, 1999 16H 2 feel are important to Pelican Bay. Strategically it is important that we commurticate through my office so that I can help you in that process. We have made progress here. We did save $130,000 this )'ear that was paid for by the broader base County, We did get a large footprint to accomplish the building of the medians out here, by taking it to a road-taxing district versus what was done in the past. There are mcchardsms to work to get 0tings done. If you Im'e a list of things you fccl Pelican Bay is paying more than they should be paying for, that is a continuing effort to educate and lobby the Commissioners no matter who is tilere to accomplish that objective. I fixink you have gone tlu'ough a very valuable exercise here. It becomes a question of how you expand with Mr. Ward to kccp the continuance and get more help for wlrat you want to do. Commissioner Carter announced that there was going to be a Town Hall Macring on September 9, 1999 directly following the MSTBU Public Hearing. We have rolled Iwo things together. One the Commissioners are going to come out and meet with this body and then about an hour later it is a Town Hall Meeting for all of the residents of the North District. In particular it gives the people of Pelican Bay a chance to come and discuss any issues they want with the Commissioners. If this body has a list of questions or ideas to put on an agenda I wish you would communicate that to me as soon as possible. Mr, Vlasho I know is on the President's Council and 1 would like it from tlmt group and the Mangrove Action Group as v,,cll. I will get to the Properly Ov,'ncrs and Foundation for the same thing COMMITTEE REQUESTS MEETING CHANGE Mr. Ward explained that rite next rcgulm' meeting is scheduled for September 1, 1999 and the Commission Hearing is scheduled for September 9, 1999. Mr. Ward asked the Committee if they v,'ould desire to combine those two meetings and meet on September 9, 19997 The Committee agreed to change lite meeting date to September 9. 1999. Mr. Ward stated tlmt tim MSTRU Meeting would start at 3:00 PM and finish by 5:00 PM., wlfich would give us time to set the room up for the 6:00 Public Hearing. STREET LIGHTS Mrs. McCarthy stated that many of life street light poles are terribly worn out at the bases. In my sense I~tey can become lethal weapons in a hurricane. There are a couple titat I Imve looked at where only 3566 PELICAN BAY ADVISORY COMMI~ AUGUST 4, 1999 2 two sides are solid and tile rest is rusted. Imn very concerned as we herod into the hurricane season that thcsc have got to bc fixed. Mrs. McCarthy continued flint she can not speak for other neighborhoods, but in Pelican Bay Woods we need more streetlights. It may have been effective eighteen 3'ears ago, but one street light on an entire street is spooky. Mr. Ward replied that with respect to hurricane season, we have on order enough poles that we are going to replace the ones that are rusted out. To the extent tltal they are currently rusteck they have been re- welded tmtil file new ones come in. Generally what we also do if a hurricane is eminent is, we will go fitrough and test those bases to determine if they will stay up. If we determine tlmt the)' will not stay up we will pull those poles down. A couple of years ago we took about eighteen down just prior to the hurricane Mrs. McCarthy asked what we could do about tile need for light? In some =eas we don't need more lights at all. but having one street light on an entire street. you cannot walk in the street unless you have a flashlight. Mr. Ward replied that in 19B$ and 1986 we did look at that issue. It came up in Pelican Bay Woods and along file primao.' boulevards also. We had an electrical engineer look at tirol and make some determination as to whether or not we could do certain things. Some of tile questions were. could you put larger luminaries in file existing poles, could you raise the poles. II really didn't affect them at all; all you did was get more light in a single location. Tile only other solution ;~s to rewire the entire underground s)'stem. Mrs. McCasally asked if you could not just add ,'mother street light in an area where you have nothing7 Mr. Ward replied no. The underground syslcm was not sized in order to Irondie d~e additional poles ncccssao' to get any cffcclivc lighdng into i~. II would take a complctc rcwiring at flint poinl. Mrs. McCasally asked i£she is hearing that there is no solution to this7 Mr. Ward replied no solution withou! a whole lot o£addilional dollars being poured into tlmt street lighting system. That Ires been a problem for at least twelve )'ears. Tile poles are another issue ,'red have been on file plate for two )'ears. This next )'ear we need Io be doing something about that. 3567 I II I .................................. Illll IIII II IIIII-I -III'1 III I I PELICAN BAY ADVISORY COMMITTEE AUGUST 4, 1999 16H 2 Mrs. McCarthy asked if it was possible for a standard house streetlight to bc devised. The owner would pay for the light and the eleclric. You come up with a standard and commtmicale that to the homeowner just as you have a standard mailbox. Couldn't we have a standard street light7 Mr. Ward replied yes, I have done that sorl of thing before in Tampa, I have done them and they are son of a mini version of what you already have. Some were done on top of mailboxes and others done in the centers of yards. Mrs. McCarthy replied she would be glad to pay for the standard, and the electricity. I just want more lighting on my street. Mr. Ward replied that he would come up with some standard for community use. ADJOURN Them being no further business, the meeting adjourned at 5:25 PM. Dr. Ala~ Varlcy, Chairman 3568 .............. I- - II .......IIIIIII IIIII .....IIII ..................IIIIII I I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Thursday, September 9, 1999 6:00 p.m. Foundation Center 8962 Hammock Oak Drive Naples, Florida 34108 16H NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. 1. PLEDGE OF ALLEGIANCE ADVERTISED PUBLIC HEARINGS - BCC A. PRESENTATION OF FISCAL YEAR 2000 PELICAN BAY SERVICES DIVISION BUDGET Bo RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION. END IF ADVERTISED PUBLIC HEARINGS 3. ADJOURN 2 1 September o. 199o .......... 1111 [ II I EXECUTIVE SUMMARY 16H 2 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT THE RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL AND LEVYING THE SPECIAL ASSESSMENT AGAINST THE BENEFITED PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. OBJECTIVE: The Board adopt the Resolution approving the Special Assessment Roll and levying the Special Assessment against the benefited propedies within the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATION: The attached Resolution provides for Board approval of the preliminary assessment roll as the final assessment roll, adopting same as the Non-ad valorem Assessment Roll for purposes of utilizing the Uniform Method of collection pursuant to Section 197.3632, Florida Statutes, within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beaufification of recrealional facilities and median areas, and maintenance of conservation and preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvemenls to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. FISCAL IMPACT: The total assessment identified in the roll is $1,732,800.00 maintenance of the water management system, beautification of recreation facilities and median areas and maintenance of conservation and preserve areas. This equates to $224.03 per residential unit based on 7734.82 assessable units. The total assessment identified for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve area, U.S. 41 berm improvements within the District, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the District identified in the roll is $434,700.00 which equates to $56.20 per residential unit based on 7734.82 assessable units. The recording fees for recording the Assessment Roll and Resolution are estimated to be approximately $3,000 and are available in the Pelican Bay Services MSBU Fund (109). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board adopt the Resolution approving the Special Assessment Roll and levying the Special Assessment against the benefited properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. ! ~/ames P. Ward, Department Director REVIEWED B //P~on Ed IlsdF~n~rl Division Administrator DATE'. / SEP - 9 I999 2 3 4 6 ? 8 9 0 1 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 37 38 39 4O 41 42 P. ESOLUTION NO. 99., A RESOLUTION APPROVING THE PRELIMINARY ASSESSblENT ROLL AS TIlE FINAL ASSESSblENT ROI.L AND ADOPTING SAM£ AS THE NON-AD VALOREbl ASSESSblENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM blETHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, WIT!IIN TIlE PELICAN BAY blUNICIPAL SERVICE TAXINC; AND BENEFIT UNIT FOR MAINTENANCE OF TIlE WATER MANAGEblENT SYSTEbl, BEAUTIFICATION OF RECREATIONAL FACILITIES AND hIEDIAN AREAS, AND blAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISIIblENT OF CAPITAL RESERVE FUNDS FOil TIlE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITI!IN TIlE blEDIAN AREAS AND LANDSCAPING IblPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITIIIN THE PELICAN BAY blUNICIPAL SERVICE TAXINC; AND BENEFIT UNIT. WHEREAS, the Pelican Bay Improvement District (hereinafter "District") was created and operated pursuant to the provisions of Chapter 74-462, Laws of Florida. as amended, and was vested with the power and authority to levy and collect special assessments and charges against real property with the District; and WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 19, 1990 succeeded to the principal fimctions of the Pelican Bay Improvement District pursuant to Chapter 74-462, Laws of'Florida; and WHEREAS, the Pelican Bay Improvement District completed construction of certaia water management improvements in accordance with Ihe Plan of Reclamation of the Pelican Bay Improvement District and such improvements are currently in operation; and WHEREAS, the District's Board of Supervisors adopted a plan of dissolution For the District transferring title to all property owned by the District to Collier County, including the water manasement system; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 90-1 I I cre;,ting the Pelican Bay Municipal Service Taxing and Benefit Unit which permits the levy or' special assessments; and WttEREAS, the Preliminary Assessment Roll for maintenance of the water mana.~ement system, beautification of recreational facilities and median areas, and maintenance of conscrvatioa or preserve areas, and establishment of Capital Reserve Funds for the maimenance of conservation or preserve areas, U.S. 41 bering, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit has been filed with the Clerk to the Board; and WttEREAS, the Board of County Commissioners on June 22,1999 adopted Resolution No 99-282 fixing the date, time and place for the public hearing to approve the preliminary assessmenl I 16H 2 SEP - 9 1999 roll ~nd to adopt the non-ad valorem assessment roll to utilize the uniform method o£ collection pursuant to Section 197.3632, Florida Statutes; 3 WHEREAS, said public hearing was duly advertised and regularly held, at The Foundation ' 4 Center, 8962 Hammock Oak Drive, Naples, Florida, commencing at 6:00 P.M. on September 9, 1999. 5 NOW, 'rFIEREFORE, BE [T RE$OLV£D BY THE BOARD OF COUNTY 6 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ? i~ The Board, having met to receive and consider the written objections of the 8 property owners and other interested persons appearing before the Board as to Ihe propriety and 9 advisability of confirming and adopting the Pelican Bay Municipal Service Taxing and Benefit Unit 10 Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and 11 parcels of land to be benefited and as to the equalization ofsuch assessments on a basis of justice and 1:2 right, does hereby confirm such preliminary assessment roll and make it final and adopt same as the 13 final non-ad valorem assessment roll for the purpose of using the uniform method ofcollection. 14 The total special assessment for maintenance of the water management system and tile 15 beautification of the recreational areas and median areas, and maintenance of conservation or preserve 16 areas is $1,732,800.00 which equates to $224.03 per Equivalent Residential Unit based on 773,1.82 17 assessable units. 18 The total assessment for the establishment of Capital Reserve Funds for the maintenance and 19 restoration of the conservation or preserve areas. U.S. 41 berm improvements within the District, 20 street sign replacement within the median areas, landscaping improvements and U.S 41 entrance 21 improvements within the District, utilizing an Equivalent Residential Unit based methodology. The 22 total assessment for these Capital Reserve Funds for the maintenance and restoration and landscaping 23 improvements is :5434,700.00 which equates to 556.20 per Equivalent Residential Unit based on :24 7734.$2 assessable units. The total assessments against the benefited properties are described and set 25 forth in the preliminary assessment roll (non-ad valorem assessment roll) attached hereto as Exhibit 26 "A" and incorporated herein~ The Board hereby confirms the special assessments and Ihe auached 27 Exhibit 'A" is the final assessment roll (non-ad valorem assessment roll). 28 ~,~].~__~__.~. Such assessments are hereby found and determined to be levied in direct 29 proportion to the special and positive benefits to be received by the properties listed in the preliminary 30 assessment roll (non-ad valorem assessment roll), which is attached hereto as Exhibit "A" and are 31 located within the Pelican Bay Municipal Service Taxing and Benefit Unit which is described as 32 follows: 3:1 34 A tract ofland being in portions of Sections 32 and 33, Township 48 South, Range 35 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, 36 Range 25 East, Collier County, Florida, being one and the same as the lands 37 encompassed by the Pelican Bay Improvement District, the perimeter boundary of 38 same more particularly described as follows: 2 16H 2 SEP - .9 1999 Pg .~ Commencing at the Southeast comer of said Section 33; thence South 89 de~rees 59 minutes 50 seconds West along the South line of Section 33 a distance 150.02 feet to a point on the West right-of-way line of U.S. 41 (Slate Road ~aid point also being the Point of Beginning; thence Southerly along the West ) right-of-way line orsaid U.S. 41 (State Road 45)the following courses: South 00 I degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 ;1 degrees 55 minutes 4] seconds East a distance o£3218.29 feet; thence South 01 · ) degrees O0 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 '0 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the 2 Norlh right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among Ihe 3 Public Records of said Collier County; thence departing said U.S, 41 (State Road 4 45) South 89 degrees 09 minutes 4S seconds West along said North right-of-way .$ line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds 16 East a distance of 70.00 feet to a point on the North line of Seagale Unit I as 7 recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 8 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and 19 the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner 20 offsaid Section 9; thence continue Soulh 89 degrees 09 minutes 45 seconds West a 21 distance o£225 feet more or less to a point on the mean high water line established 22 May 15, 1968; thence a Northwesterly direction along said mean high water line a 23 distance 15716 feet more or less; thence departing said mean high water line South ~24 80 degrees 29 minutes 30 seconds East and along the Southerly Fine of Vanderbill 25 Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public 26 Records a distance of 7385 feet more or less to a point on said West right-of-way 27 line ofU. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds 28 East along said West right-of-way line a distance of 2574.36 feel to the Point of 29 Beginning. 30 SECTION THREE. Upon adoption ofthis Resolution any assessment may be paid at the OIl~ce of 31 the Clerk within thirty (30) days thereaRer, all assessments shall be collected pursuant to Sections 32 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing lhe collection o1' such 33 assessments on the same bill as ad valorem taxes, which shall be billed wi~h the ad valorem taxes that 34 become payable on November 1, 1999 and delinquent on April I, 2000. ~E(~TI'I. QN FOUR. The assessment shall be final and conclusive as to each lot or parcel assessed and 36 any objections against the making ofany assessable improvements not so made shall be considered as 37 waived, and if any objection shall be made and overruled or shall not be sustained, the adoption 38 this resolution approving the final assessment shall be the final adjudication of the issues presented 39 unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty 40 (20) days from the adoption of this Resolution. 41 ~;ECTIQN FIV.E. All assessments shall constitute a lien upon the prope~y so assessed f'rom Ihe date 42 of confirmation of this Resolution of [he same nature and to the same exlcnt as the lien For .~encral 43 county taxes falling due in the same year or years in which such assessment falls due, and any 44 assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in 45 same manner as property taxes are collected. ,~;ECTION SIX. The Clerk is hereby directed to record this Resolution and all Exhibits attached hereto in the Official Records of Collier County. S~E(TI'lON SEVEN. This Resolution shall become effective immediately upon its passage 16H 2 SEP - 9 1999 6 7 $ 9 ~0 11 12 14 16 21 22 23 vote. This Resolution adopted this 9th day of September, 1999, after motion, second and majority DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved a.s to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR.IDA C. Weigel County Attorney BY: PAMELA S. MAC'KIE, CHAIRWOMAN 16H 2 4 SEP - 9 i999 16H 2 PELICAN BAY SERVICES 16H 2 Water Management Security Operations Street Lighting Uninsured Asset Restoration Reserve Community Beautification Clam Bay Restoration Pelican Bay - Water Management Pelican Bay Services (109) Goals: To provide for the efficient and timely delivery of Water Managcment services to the Pelican Bay Community by providing for the necessary maintenance for the community's storm water system to assure its efficient operation in the transporting and treatment of the storm water. In addition, the Division tries to maintain the highest aesthetic appearance while maintaining the delicate balance of the ecosystem. % of % of Total Protrams: ,!V'l'E's Personnel FY 00Cost Dollars Water Management Program 2.0 ! 00.0% $428,600 100.0% Includes the routine maintenance of the Pelican Bay Water Management System of approximately 3.5 miles of berm separating the developed property from the Clam Pass System. The system functions as a storm water treatment facility by removing nutrients and pollutants, thus improving the quality of storm water before it is discharged into Clam Bay. S ub-Total 2.0 100.0% $428,600 100.0% Enhanced Administrative Support Provides pro-rata share of funding for an Assistant Director position in the Pelican Bay Services Division as recommended by the Pelican Bay Services Advisory, Committee. .33 16.5% $21,900 5.1% Grand Total 2,33 116,5% $450,500 105,1% Performance Measures ' Actual FY 98 Forecast FY 99 Budgei FY O0 .... Forty-three lakes maintained/treated - times per )'ear~2 52 52 Aquatic plants planted 13.480 12,000 12.000 Water quali ,ty testing - number of parameters 2..256 2,256 2,256 Pelican Bay - Water Management (Cont.) Pelican Bay Services (109) 16H 2 Persc~ SaMcos 77,237 102,000 83,000 99,~X) 21.9(B 121.603 19.2% ~ ~ 244,686 256,ff)0 2'78,300 307,400 0 30'/,.kqO 20.1% Capital Cklhy 6,091 10,500 10,5(13 21500 0 21,5('x) 104.8% To~l. ~ 328,014 368,5(X) 371,800 428,600 21,900 450,500 22.3% l~u~t P~fitms 2 2 2 2 0.33 Z33 16.5% Forecast icy 98/99 - Personal Sen'ices decreased due to vacancies wkich increased costs in operating expenses due Io hiring temporary help. Current IvY 99/00 - Increased operating expenses include $10,300 in indirect costs. $29,900 for the hiring of day laborers, $6,000 to replace grates and refinish concrete on the berm weir control structures. ,and $3.300 for chemicals. Capital outlay includes one-third the cost for office equipment ($3,300); a '/, ton truck ($8.200): and facility improvements including parking lot repaix~, locker more renovations, and equipment area renovations ($10,000). Expanded FY 99/00 - Provides pro-rata share of funding for an Assistant Director position in the Pclican Bay Services Division as recommended by the Pelican Bay Services Advisory Conunittee. 3 Pelican Bay- Community Beautification Department. Pelican Bay Services (10 ) 6H 2 Goals: To provide for the high quality maintenance of the right-of-way, beams and parks within the Pelican Bay community to ensure an efficient and consistent system in accordanc~ with the standards set by the community. Programs: % of % of Total Personnel FY OOCo~t Dollar~ Beautification Pro,Tam 18.0 100.0% $1,174,300 100.0% Include the routine maintenance of 2,873,750 square feet of right.of-way and community parks including pruning, crating, pesticide and fertilizex programs. Also annuals are cicaaged twice per year and mulch is applied to 661,750 square feet of plant beds three times pa' year. The Beautification Department is also respons~Ic for street sweeping, street trash pick- up, the beach cleaning program and a sign maintenance program which includes traffic and entrance signs. Subtotal Enhanced Administrative Support Provides pro-rata share of funding for an Assistant Director position in the Pelican Bay Services Division as recommended by the Pelican Bay Services Advisory. Commiuee. 18.0 100.0% S i. 174.300 100.0% .33 1.8% $22.500 1.9% Grand Total 18.33 10 i.8% $1,196,800 I 01.9% Performance Measures Actual FY 98 Forecast FY 99 Budget FY 00 Irrigation systems checked - times per' year "' 6 12 12 Chemical weed control - times per year 12 24 24 Fertilizer applied - times per year 3 3 3 Streets swept - times per year -- 12 12 12 Beach raked - times per year 41 41 39 Flower plantings - times per year 2 2 2 Mulch application - thnes per year 3 3 3 4 Pelican Bay-Community Beautification Department (Cont.)l 6 H Pelican Bay Services (109) Unit Persct-,al ~'izcs 40°7,573 692.30(3 623,4(X) (~9,700 22.500 712.2CK) ~ Exl~es 392.,216 373,0(0) 429.8(X) 423.300 0 423,300 13,5% CaDital CN]tlay 51999 22].60{3 ~.600 61.3(x) 0 61.300 114.3"/o Total ~ons 932,788 i,093,900 1,081.800 1,174.300 22,500 1.196.8~0 9.4% Positions 15 18 18 18 0.33 18.33 !.8% Forecast FY 98/99 - Personal services decreased due to vacancies which increased costs in operating expenses duc {o hiring temporary help. Current FY 99/00 - Operating expenses have increased due to additional temporuE,.' help of $12,800, $9,100 for the replanting program {o replace trees and median plants, $9.900 for operating supplies, sprinkler maintenance. and equipment rental, and $I 1,000 to repair/protect sidewalks from damage by tree mots. Capital outlay includes one-third of the cost for office equipment ($3.400); a ¼ ton truck ($8.300); and facility improvements including parking lot repairs, locker room renovations, and equipment area renovations ($10,200). Then: is also $21,000 budgeted for a % ton Irack, $12,000 for a bucket lift, $3.600 for a 200 gallon sprayer, and $2,800 for a tandem trailer. Expanded FY 99/00 - Provides pro-rata share of funding for an Assistant Director position in d~c Pelican Bay Services Division as recommended by the Pelican Bay Sexyices Advisory Committee. 5 Appmpd~on Un~ Pelican Bay - Pelican Bay Services Summary (109) 16H 2 Pt' 97,'~ Pt' 98/99 Ft' 9g,~9 FY 99/o0 FY 99,00 FY 99/(x) % Actual Adop~o:l ForDrest Orrml E.xpar~cd Tolal Budgt~ F_.xp/R~ Budgc~ ExI)/R~ Sin'ice Swdcc B,agci Clmg¢ Water Managerim 32K014 368,500 371,800 428,(ff)0 21,900 450,500 22.3% 932,788 1,093,900 1,081,8~ i, i 74,3{X)22,500 I, 196,8(X} 9.4% 1,260,802 !,462,400 !,453,600 1,602.9~X) 44,4(X) 1,647,300 12.6% Timnsfcxs 50,347 73,000 73,000 84,2(x) 2,500 86,700 18.8% Tr'a'ts~cr - Ass~ Restoration0 0 0 0 0 0 N/A Rt:serve- Sala3.' Adjustmini 0 0 0 27,600 0 27,6(X) N/A Resc~'cs 0 477,500 0 506, I(K} 1.6(X) 507,700 6.3% Capital Resc~,cs 0 232,700 0 277.6O0 0 277.600 19.3% Sub-To~ 50,347 783,200 73,000 895,5C~) 4, l(X) 899,600 14. ~/o To~ Apprcpriafions 1,311,149 2,245,600 1,526,(~0 Z498.44x) 48,500 2.546,~XX) 13.4% Tt'msfcr (142) Ony Fon~ard 0 0 0 (} 0 0 N/A !.408.042 1.461.800 1,379.500 1.682.6(x) 50.2(x) 1.732.800 18.5% 87,059 61,500 6O300 68.~X) I,O~X) 69,',XX) 13.~/o 723,991 792,700 92ZiXX.) 844).6(1) 0 8.g).600 6.(Wo 14,075 11,900 5,000 0 0 0 - ICI).(Wo 0 (8Z300) 0 (93.7(I)) (2.700) (%Atx)) 17.1% 0 0 0 0 0 0 N/A Rc~x:nucs 2.233.167 2,245.(x00 Z367.200 Z498,4(x) 48.5(X) Z 546.~,,X x)13.4% Positions 17 20 20 20 I 2 ! 3.3% 6 - iii - i IIIIIll .... IIIIIII I IIIIII .............. II1' III - IIII ' ' Pelican Bay- Securily Operations Pelican Bay Services (110) (~9al~: To provide additional security to the Pelican Bay area. %of l~,ro~rams: FTE's Pers9nnel FY OOCost. Secawiry Program 0.0 0.0% $301,200 Provides one full-time (24 hours per day; sev~n days per week) Shedff's Deputy for Pelican Bay through a contractual arrangement with the Collier County Sheriff's Office. R~ervc$ 0.0 0.0% $111,200 16ff 2 % of Total Dqllar~ 73.0% 27.0% Grand Total 0.0 0.0% $412,400 1oo.o% 7 Pelican Bay - Security Operations (Cont.) Pelican Bay Services (110) 16H 2 Appropriation U~t FY' 97/98 FY 98/99 FY' 98/99 FY 99/00 FY 99/00 F'Y' 99/00 % Actual Adopted Forecast Current Expanded Total Budget Exp/Rev Budget Exp/Rev Service Service Budget Change Operating Expenses 277,565 301,000 285,800 301,200 0 301,200 0,1% Transfer 0 0 0 0 0 0 N/A Reserves 0 63,900 0 I 11,200 0 111,200 74.0% Total Appropriations 277,565 364,900 285,800 412,400 0 412,400 13.0% Trax~fer from (778) 292,600 291,500 291,500 295,400 0 295.400 1.3% Intexest/Misc. 9,854 4,000 7,100 6,1 O0 0 6,100 52.5% Carry Forwant 73,557 69,600 98,400 111,200 0 I 11200 59.8% Revenue Reserve 0 (200) 0 (300) 0 (300) 50.0% Total Revenues 376,011 364,900 397,000 412,400 0 412,400 13.0% Penv. anent Positions 0 0 0 0 0 0 0.0% Forecast FY 98/99 - Forecast expenditures for the security contract are projected to be $20,500 less than the amount budgetcd due to assigned deputies having a reduced total annual payroll less than the projected budget. Revenue FY 99/00 - SecuriLy operations are funded through ad valorem taxes, which are collected in the Strcct Lighting Fund (778) and transferred to the Security Operations Fund (1 I0). 8 Pelican Bay- Community Beautification Uninsured Asset Restoration Reserve Pelican Bay Services (133) 16H 2 Goals: To provide for the restoration of the Pelican Bay landscaping into its original premier state in the evcnl of a natural */,of % of Total Pro,rams: FTE'__._~ Personnel FY 00Cost DgII0~ Re~0ration Pro gran3. 0.0 0.0% $971,900 100.0% Provides for the restoration of the Pelican Bay landscaping into i~s original premier state in the event of a natural disa~er. Grand Total 0.0 0.0% $971,900 I oo.o% 9 Pelican Bay- Community Beautification Uninsured Asset Restoration Reserve (Cont.) Pelican Bay Services (133) 16H 2 Apprq:d~on Unit Opwaliug Expemes 0 0 0 0 0 0 0 Capital o. my o o o o o o o 'Iim~ers 0 0 0 0 0 0 N/A Reselv~ 0 926,900 0 971,900 0 971,9(X3 4.90/. Total ~ous 0 926,900 0 971,900 0 97 1,9(X) 4.9% Assessminis 0 0 0 0 0 0 N/A [m~ ~d?vfksa 52,020 44,300 37,4('10 41,900 0 41,9(X) -5.4% Tramlet (109) 0 0 0 0 0 0 N/A Chuy Forw-axi 842,646 884,800 894,700 932,100 0 932,100 5.3% P, evo'ue Resewe o ('2,2oo) 0 (2, {00) 0 (2, t(x)).4.5"/° Total Re~nue 894,(Z~6 926,900 932,100 971,900 0 97 IJXI) 4.9% Curtcut FY 99/00 - The current reserve of $971,900 is estimated to be sufficient for landscape restoration in the event of a natural disaster, therefore no additional assessment revenue is budgeted. lO Pelican Bay - Clam Bay Restoration Pelican Bay Services (320) 16H 2 Goals:. To provide funding for the Clam Bay Mangrove Forest in a unique partnership with WCI Communities, LP. WCI will match Pelican Bay funds dollar-for-dollar up to $1,000,000 and actively participate in the Mangrove Restoration Program. This program (part of a ten year r~toration and management permit) intends to reverse the substantial die-off of mangroves in the conservation area and to provide much needed attention to a unique ecosystem that is currently in decline. This signature "area" is of great importance to Pelican Bay as the Community is, in a sense, orienled ,around this ecosystem. % of Pro~rams: FTE'____! Personnel FY 00 Cost Restoration Prygram 0.0 0.0% $161,600 Includes the yearly monitoring and on-going studies outlined in the "Clam Bay Restoration & Management Plan" and completion of the construction program begun in FY-99 and the removal of cattails within the system. 0.0 0.0% $36O,200 % of Total Dollars 31.o% 69.0% Subtotal Clam Ba.y Maintcnance Provides funding for maintcnance of the Clam Bay system. 0.0 0.0 0.0% 0.0% $521,800 $133,500 1oo.o% 25.6% Grand Total 0.0 0.0% $655,30O 125.6% 1! Unit Pelican Bay - Clam Bay Restoration (Cont.) Pelican Bay Services (320) 16H 2 F~ 99/00 % Pryjeer E~mses 128,868 !,273,400 1,192,300 161,600 133,500 295,100 -76.8% Tra~ 21,465 0 0 0 0 0 N/A Trmsfer (109) 0 0 0 0 0 0 N/A Reserves 0 123,000 0 360,200 0 360,200 192.8% Total ~on 150,333 1,396,400 1,192,300 521,800 133,500 655,300 -53. I% Revenues Tmmfer MSTD (11 I) 0 0 0 0 133,500 133,500 N/A Assc~t,,~ 633,469 0 0 0 0 0 N/A ~ 74,038 622,0130 671,000 80,800 0 80,800 -87.0°,/0 h'lexesl/Nisc 40,222 6,500 31,100 I 0,000 0 I0,000 53.8% 'IDC 0 0 25,0o0 0 0 0 N/A Carry For~s'ard 303,300 768,200 900,700 435,5(X) 0 435,500 -43.3% P, eveme Resm-c 0 (300) 0 (4.500) 0 (4,5CX~) 1400.0o/o Tc~]. Reva'n.~ 1,051,029 1,396,400 1,627.800 521.800 133,500 655.300 -53.1% Current FY 99/00 - There is $161,600 budgeted for continued work on the Clam Bay Restoration Program. Costs include $122,600 for freshwater/stormwater analysis and $39,000 for ecosystem enhancements including installation of mangrove starter islands and removal of mangrove die-off materials. Revenue FY 99/00 - Funding for this program is from a $80,800 contribution from WCI matched with available carryforward revenue generated frvm assessments. Expanded FY 99100 - During the FY O0 budget workshops, the Board of County Commissioners made a policy decision to fund Clam Bay maintenance expenses from the Unincorporated Area General Fund (111). Costs include $35,800 in engineering fees for biological and hydrographic (tidal flow) monitoring and a water quality analysis within the Clam Bay system, $12,100 for contract labor to perform ~hc monitoring and data collection. $3,500 for aerial photography, $1,200 for water quality lesting to dctexminc the nutrient loading, $900 for equipment maintenance. $3,000 in operating supplies, $27,000 for the purchase of six salinity recorders to establish continuous salinity monitoring stations, and $50,000 for the removal of cattails along the xi,,cst side of the Pelican Bay bcrm. 12 Pelican Bay - Irrigation & Landscaping Pelican Bay Services (322) 16H 2 Goals: To upgrade the existing irrigation system to determine lhe best and most cost effective way to better manage the system. % of Programs: FTE's personnel Irrigation Pro,ram 0.0 0.0% To upgrade the existing irrigation system to detexmine the best aad most cost effective way to better manage the system. Reserves/Transfers 0.0 0.0% FY 00 Co~t $425,000 $621.800 %of Total 00liars 40.6% 59.4% Grand Total 0.0 0.0% 13 $1,046,800 1oo.o% Pelican Bay - Irrigation & Landscape (Cont.) Pelican Bay Se ices (322) 16H 2 O~ng Expenses 0 600,000 0 425,000 0 425,000 0 Capital Oillay 0 0 0 0 0 0 0 Tr~sfcrs 0 3%500 32,500 21,700 0 21,700 -33.2% Resetyes 0 0 0 600,100 0 (~), ItX) N/A Total 0 632,500 31500 i,046,8t~0 0 1,046.8tX) 65.5% ~ 0 649,700 614,700 434,700 0 434,700 -33. I% InleteW'IV~,r.:, 0 17,900 17,9(B 36,800 0 36,8t~0 105.6% Tnmsfer (109) 0 0 0 0 0 0 N/A Ca'o' Ftrwutd 0 0 0 600,100 0 600,100 N/A R~verss: ~ o (35.100) 0 (24,800) o (24.800) -29.3% Total R~,~u~ 0 63%500 63%600 1,046,800 0 1,046.8tX) 65.5% Forecast FY 98/99 - The $600,000 budgeted in contractual services to upgrade the existing irrigation system and Io analyze the vegetation presently being irrigated by the PBSD and The Club at Pelican Bay , its location within the community and its requirements for water will not be ex-pended in FY 99. Funds will be carried forw~d and held in reserves until approval by regulatory agencies. Anticipated approval is March 2000 at which time we can begin the process of irrigation installation. Current FY 99/00 - There is $425,000 budgeted for the replacement of street signs ,'red the thrcc entrance markers within the Pelican Bay community. This program is funded by assessments and available interest earnings. 14 Pelican Bay - Street Lighting Pelican Bay Services (778) 16H 2 Goals: To maintain the Pelican Bay Street Lighting Syslem as a well-balanced functional system that provides a consistently lighted roadway appearance within the community. % of % of Total FTE's Personnel FY 00 Co~t D011yrs Proffr~m~: Street Liehting Pro,ram 1.0 100.0% $ 173.600 22.6% Includes the routine maintenance of the Pelican Bay roadway street lighting system including all up-lighting at the Pelican Bay entrances and bike path lighting. Street Lights consist of self- maintainIng U.S. Steel's Conca poles and use a high pressure sodium lamp. Transfer to Security 0.0 0.0% $295300 38.4% Reserves~rans fers 0.0 0.0% $299.900 39.0% Grand Total i .0 100.0% $768,900 100.0% Enhanced Administrative Support Provides pro-rata share of funding for an Assistant Director position in the Pelican Bay Services Division as recommended by the Pelican Bay Services Advisory Commitlee. .33 33.3% $18,800 2.4% ReserveraTtans fers 0.0 0,0% $1,700 0.3% Grand Total 1.33 133.3% $789,400 102.7% Performance Measures Actual FY 98 Forecast FY 99 Budget FY 00 Lights repaired within 24 hours 98% 100% 100% Light posts inspected 26 26 26 Light poles installed 22 17 17 Side~valk lights installed 76 38 0 Pelican Bay - Street Lighting (Cont.) Pelican Bay Services (778) 16H 2 Pcxsc~ Se~4ces 51,913 54,800 54,000 54,700 18,800 73,500 34.1% Operating Expenses 11%647 85,500 74,riG0 86,700 0 86,7(%) 1.4% Capital Outlay 18,359 19,7(I) 19,700 32,200 0 32,2(I) 63.5% Resev~ 0 228,400 0 274,900 ~ 275,600 20.71o Tinrefer ~o Seoarity 292,600 291,500 291,500 295,400 0 295,400 1.3% Transfa~ 14,843 24,800 24,8130 25,000 1,030 26,0(D 48% Total .a4:t::lqa'~ons 495,362 'K}4,~0 464,900 768,9130 20,500 789,400 12.0% bxl Vakxem Ta.x~s 479,503 494,4130 477, I00 499,100 21,3(30 520,4(X1 5.3% Ir~cmd/Msc 20,551 10,500 18,400 21,900 300 2Z200 I11.4% ~ers 3,759 0 0 0 0 0 N/A Cm-y Forvsaxl 236,274 226,600 244,700 275,300 0 275,3(I) 21.5"/o Reva'~e Rescue 0 (~,800) 0 (27,403) ( I, 100) (28,5(X0 6. 3% Total Re~mes 740,087 ~)4,7130 740,200 768,900 20,500 789.40O 12.0% F-m.~ ~1 R~itiem I I I I 0.33 i 33.t~/o Current FY 99/00 - Capital outlay includes one-third of the cost for office equipment -$3,300; one-third of the cost for facility improvements including parking lot repairs, locker room renovations, and equipment area renovations $10,000, the purchase of a bucket lift - $4,000, and $15,000 for light pole replacements. Expanded FY 99/00 - Provides pro-rata share of funding for an Assistant Dh'cctor position in the Pelican Bay Services DMsion as recommended by the Pelican Bay Sen'ices Advisory Committee. 16 16H 2 16H 2 -m i ii ii i - mini .... I i ............. millill 1111111111 ii 16H ~ © 16H ~ I I lbH 2 c- ~. on 0 Tun-ell & Associates, Inc. Clam Bay Restoration and Management Plan Storm and Freshwater Studies' Timeline STUDY# i. Vegetation 11. Retarding 111. Reducing IE Ground- E Utlil~tion of ' ~: ' Analysis and/or Upland Water ~ flow from water Flows Stormwater DATE Irrigation Flows Into Clam, perimeter berm Management ,.., !, requirements Bay area into Clam Lakes as source '- Bay for irrigation April Background data Fieldwork Background data Background research 1999 collection Background data collection collection and research May Fieldwork Water quality Data analysis analysis June Data collection andFieldwork & Fieldwork & Additional data Additional data . . research coordination v,'ithresearch collection collection ~, project engineers July Data collection and Data analysis research August September Drain. report # 1 Draft report # I Draft report # I Draft report # I Draft report # 1 October Comments & Comments & Comments & Comments & Comments & revisions revisions. revisions revisions revisions November Draft report to DEPDraft report to DEPDraft repor~ to DEPDraft report to DEPDraft report to I)EP December Additional researchAdditional researchAdditional researchAdditional researchAdditional research/ / fieldwork / fieldwork / fieldwork / fieldwork fieldwork Final report Final report Final report Fim,I report Final report 16H 2 Turrell and Associates, Inc. Education Plan DRAFT [ [[[[ [ l[ 1[[ II[I ....... l[ Ill II- -- E u 16H 16H Clam Pass and Clam Bay Dredging Results Of Monitoring Improvements To Tidal Flow Prepared for: Pelican Bay Services Division by: Humiston & Moore Engineers August 25, 1999 Project No. 8042 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 10~fil AIRPORT ROAD N,. SUITE 14 NAPLES, FL 34109 FAX: ~PI$ 594 2025 PHONE; ~4f $~4 ~g2! 16H Clam Pass and Clam Bay Dredging Results Of Monitoring Improvements To Tidal Flow Introduction Clam Pass has a history of closure which has been considered to be a contributory cause for water quality problems and the die off of mangroves within the Clam Bay estuarine system. The Clam Pass Inlet Management Plan (IMP), prepared for Collier County by Turrell & Associates in July 1995, recommended dredging the Pass as well as interior tributary waterways as a means of stabilizing the inlet with increased tidal prism, as well as to improve the flushing of the inner bays to improve water quality. Collier County implemented pad of that recommendation in April 1996, when the Clam Pass maintenance dredging was extended beyond the limits of previous dredging, however, dredging was still limited to the inlet and the portion of the flood tidal shoal immediately inside the inlet. Since implementation of that dredging plan and subsequent maintenance, the pass has not closed. The Clam Bay Restoration and Management Plan (CBRMP), prepared for Collier County and the Pelican Bay Services Division by a team of consultants led by Akerman, Senterfitt & Eidson in July 1998, incorporates the recommendations of the IMP regarding dredging interior tributary channels. The CBRMP included surveys of the waterways and a hydrodynamic modeling study to identify areas which present the most serious resistance to tidal flow as the most appropriate areas to be dredged. The areas which were dredged in March and April 1999 are shown in Figure 1. Prior to commencement of dredging in March 1999, water level recording gages were installed at selected locations within the estuarine system to measure tidal ranges. Tides along the southwest Florida coast are mixed in that they exhibit both diurnal (one tide per day) and semidiurnal (two tides per day) characteristics during a one month lunar cycle. Both the pre- and post dredging tidal data collection were carried out for a full month to obtain average values representative of general tidal characteristics for Clam Bay. The locations of the gages are shown in Figure 1. This report presents results of an analysis of the tidal data, as a comparison of pre-dredging to post dredging conditions, and how the dredging effected tidal flushing of the bay system. The results of this study show that the dredging significantly improved the flushing of the Clam Bay system. 2 1 HUMISTON & MOORE ENGIhlEERS · NAPLES. FLORIDA FIGURE '1 SITE LOCATION MAP ~00 0 ~OO 1000 16H Results Tidal Phase Lag The times of high water and low water within the bay lag behind the times of high and low water in the Gulf of Mexico. This is because the restriction of flow in the entrance to the bay prevents the bay water level from rising as fast as the Gulf tide rises. This maintains a hydraulic head differential that causes water to continue to flow into the inlet for some time after the Gulf tide turns and begins to fall. The bay water level therefore continues to rise until the water in the bay reaches the same elevation as the falling water in the Gulf, at which time flow in the inlet reverses and goes out, and the bay water level begins to fall. The difference between the time of high water in the Gulf and the time of high water in the bay is the high tide phase lag. The same kind of lag occurs with low tide, although the lag time may be different. A large phase lag is an indication of a bay which is large relative to the size of the tidal inlet. This results in inefficient filling and draining of the bay on flood and ebb tides. Figure 2 shows the difference between the pre-dredging and post- dredging phase lag for the three bay gages. In each case the phase lag was reduced as a result of the dredging, indicating that the filling and draining of the bay became more efficient. For example, as shown in Figure 2, the average high tide phase lag at the Registry boardwalk was reduced by 36 minutes or 37%, from 1 hour and 38 minutes to 1 hour and 2 minutes, and the low tide phase lag was reduced by 1 hour and 3 minutes, or 57%, from 2 hours and 27 minutes to 1 hour and 24 minutes. The change in phase lag at the Pelican Bay south beach facility boardwalk was somewhat less, presumably because that tide station was closest to the inlet and therefore had the smallest pre-dredging phase lag. Additionally, the portion of Cut 4 which includes the channel from the south beach facility boardwalk gage location southward to the Registry boardwalk gage location was improved to a greater extent, relatively speaking, than was the channel from the inlet entrance to the south beach facility boardwalk gage location. The phase lag for the north beach facility station was the largest and it experienced the smallest change because of the long winding waterway which connects Clam Bay to Inner Clam Bay. Prior to the dredging, the low tide phase lag was considerably greater than the high tide phase lag. This indicates that the flow near low water was more restricted, because of the small cross section of flow in the shallow and narrow channel. The post. dredging high and low tide phase lags are very similar because the dredge cut represents a much greater percentage increase in cross section of flow near low tide than it does near high tide. This is another indication of how the dredging improved tidal exchange. FIGURE 2 Change In Tidal Phase Lag From The Clam Ba 16H ~d Clam Pass Dredging 2 3:00:00 2:00:00 1:00:00- 0:00:00 HIGH TIDE PHASE Registry South LOCATION LOW TIDE PHASE ,G North 3:00:00 2:00:00 1:00:00 ' 0:00:00 Registry South North LOCATION HIGH TIDE pre-dredge post-dredge difference % Improvement LOW TIDE pre-dredge post-dredge difference % Improvement Registry Sour North 1:38:34 1:02:09 2:46:26 1:02:04 0:54:50 2:38:17 0:36:30 0:07:19 0:08:09 37.03% 11,77% 4.90% Registry Soutl North 2:27:09 1:35:43 3:09:17 1:02:35 0:51:43 2:40:21 1:24:34 0:44:0"0~0:28:56 57.47% 45.9~°/o?15.29% [] pre [] post [] pre [] post Tidal Range The tidal range at the bay tide stations, which related to the phase lag, also changed significantly as a result of the dredging. Dredging opened up the channel and reduced resistance to flow which allSwed more water into the bay in a shorter period of time. Since more water getS into the bay on high tide, and more drains from the bay on low tide, the averag tidal range increased. Figure 3 iljustrates the tidal range increase at the three dredging. The largest change in tidal range also occurred the largest change in phase lag occurred. Note post dredging tidal range is made in terms of the the Gulf range rather than the actual change in ~ay stations as a result of the the Registry boardwalk where that the comparison of pre- to atio of the bay range relative to '~et. This was done because the tidal study was relatively short in duration and .~e Gulf tidal range was slightly lower for the post dredging period. The tidal range increased by 70% based on the ratio of the bay tide to the Gulf tide. Figure 3 also shows the tidal ranges measu d as part of the CBRMP for calibration of the hydrodynamic model, and the ~',esults of the model's prediction of the changes in tidal range. The model slightly~over-predicted the response to the dredging in spite of the fact that the scope .~,,f. the dredging of the flood tidal shoal was increased considerably over the cut wl~ich was modeled. However, the model results should be considered very ~"good overall considering the complicated geometry of this estuarine system. I It should be noted that the tide range at the RegiStry boardwalk is actually slightly higher, by 0.1 feet, than the tide range at the south beach facility boardwalk. This may be due to the level of accuracy of the tid~ gages. Normally, the location furthest from the inlet would be expected to hav~ a smaller range, however, the slightly higher range at the Registry boardwalk may be due to a contribution to the outer Clam Bay tidal prism through the Seagate culverts. The scope of this study was not broad enough to evaluate this issue. Circulation And Flushing Times !g A simple way to iljustrate the effects of the dre ing on circulation is based on the increased flow resulting from the increase~ tidal range. This is a simple . model based on the assumption that the restdual volume of water in the bay at low tide is a fluid with a concentration of 1.0 at t¢'me zero. The water which flows into the bay on the first flood tide is assumed to~ompletely mix with the residual water, resulting in dilution. As iljustrated in Table 1, for example, one tidal cycle reduces the concentration of residual water in Ir~ner Clam Bay from 1.0 to 0.84. Each successive tidal cycle further reduces the:concentration. Figures 4a, 4b, and 4c iljustrate how the dredging results in a ore rapid exchange of water in the bay system. 5 HUMIS[ON & MOO~E ENGINEEES . ~LES. FLORIDA FIGURE 3 16H LU CLAM BAY TIDAL RANGES 2.50 2.00 1.50 1 0.50 0.00 GULF REGISTRY SOUTH NORTH GAGE LOCATION [] PRE-DREDGE RANGE · POST-DREDGE RANGE TACKNEY DATA [] TACKNEY MODEL 6 7 16H 2 z 0 u o~ o 2o ooo 12o lOO 0.40 00~ CONCENTRATION DECLINE FROM TIDAL FLUSHING OUTER CLAM BAY FIGURE 4a TIDAL CYCLES CONCENTRATION DECLINE FROM TIDAL FLUSHING CLAM BAY Io - - PRE DREDGE I:~S T DREDGE FIGURE 4b TIDAL CYCLES 16H 2 1 20 tOO I 080 040 CONCENTRATION DECLINE FROM TIDAL FLUSHING INNER CLAM BAY 0.20 000 o DREDGE ¢~DST DREDGE FIGURE 4c TIDAL CYCLES 12 13 8 This is a simple model of an idealized situation that helps to iljustrate the magnitude of changes brought about by the dredging, however, the actual physical situation is somewhat more complicated. Water flowing in the inlet must flow through Clam Bay to get to Inner Clam Bay and Outer Clam Bay. This means that the incoming tide would completely flush Clam Bay several times over with Gulf water, yet some of the water flushing Inner and Outer Clam Bays would be residual low tide water from Clam Bay. The ebb tide would result in residual water from the other two bays being a constituent of the residual water in Clam Bay. Regardless of these complications, differences between the pre- dredging and post-dredging tide ranges demonstrate that the dredging has significantly improved the flushing of this bay system relative to the pre-dredging conditions. Conclusions and Recommendations The results of this study show that the dredging significantly improved the flushing of the Clam Bay system. Monitoring should be conducted to determine if the improved flushing benefits the stressed mangrove communities. Additionally, the improved flushing should improve the stability of Clam Pass and reduce maintenance dredging requirements. The ongoing monitoring of Clam Pass which has been conducted by Collier County should be continued and supplemented with additional data collection to determine how effective the dredging has been in this regard. This ongoing monitoring should include surveys of the dredged areas to measure shoaling rates for projecting future maintenance requirements, and follow-up tidal studies to determine how shoaling effects the tidal flushing properties of the estuarine system. 9 HUMI$'I'ON & MOO~E ENGINEEg$ , NAPLES. FLOgIDA 16t-i 2 Naples, Florida August 4, 1999 LET IT BE KNOWN, that the Full Time Manager Sub-committee of the Pelican Bay MSTBU met on this date at 1:00 P.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples with the following members present: Mr. Lou Vlasho (Chairman) Dr. Alan VatIcy Mr. James Carroll Mr. Glenn Harrell Mr. George Werner ALSO PRESENT One (1) Pelican Bay resident; Mr. Joseph Bawduniak, Pelican Bay Advisory Commiuee Member; Mr. James ?. Ward, Pelican Bay Services, Department Director and Mrs. Barbara Smith, Recording Secretary. AGENDA: I. Roll Call 2. Discussion on a Full Time Manager 3. Committee Requests 4. Adjourn ROLL CALL Mr. Vlasho callcd the meeting to order and asked that the Record show all members prcscnt. APPROVAL OF MINUTES A lengthy discussion followed with regard to the fortnat of the Mccting Minutes and if a closed Executive Session could be held by a Sub. committee out of the Sunshine Law. Mr. Ward explained how an Executive Scssion had to be advertised, recorded and the information madc public. DISCUSSION ON A FULL TIME MANAGER Mr. Vlasho summarized tirol at the first Full Time Manager Sub-committee Meeting there was a consensus that the new full time ,nanagcr would bc a consultant and not be an cmployce of Collier County. The second firing flint we did was talk about job descriptions and we did get one from Dr. Varlcy that I would like to use for discussion today. The third discussion we had was where does the sub-committee stand on moving fortyard with a full time manager. We had a consensus, but not a total agrccmcnt that was the direction we should go. I would like to start today with the third item and sec what the Sub- 28 FULL TIME MANAGER SUB.COMMITTEE AUGUST 4, 1999 committee's feeling is on that. to see if we can make a decision on that and thcn move into a discussion on the job description dated August 2, 1999 from Dr. VatIcy. Dr. Varley explained that we have a new mcmbcr today. Dr. Verity has asked Mr. James Carroll to sit on this Sub-committee. Mr. Viasilo stated that we need to move forward with the decision of whether we are going to recommend to the full Advisor':' Commitlee that we hire a full time manger7 Mr. Werner stated that he did not know if a five day a week, eight-hour a day manager is what we need. The position I have taken for the past several )'ears is that a more full time manager, a manager who could afford to put in more hours than Mr. Ward, would be a more definite benefit to our community. We can discuss the reasons later. We need more time than Mr. Ward is able to give us now. Mr. Vlasho asked if Mr. Werner meant somcthing between more than what Mr. Wm'd is giving us now and forty hours a wcck7 Mr. Wcrncr replied in tile affirmative. Dr. Varlcy stated that lie feels the same. I think we are getting vcr)' much behind on a lot of these things and we do not lmve programs in mind of where wc are going in the future. It is gctting to the point where we have to Imvc sorecone that spends more time with us. Mr. Hartell stated that he hntcs to spoil the parLv. Imn to'ing to look into the future as you have pointed out. When we talked last time about sorecone bcing an advocate for Pclican Bay, I certainly fccl that need. I have to say that I am not going to be in favor of going to a full time person. I don't think tile system is broken and I don't tlfink it is something tlmt is of an immincnt pcril. I am not aware of projects that we are behind in. I have an open mind, but at this point I just don't see it. Mr. Carroll stated thnt he belicvcs we need more time, but would not like to sc¢ it ctchcd in stone that it had to be full time. Mr. Vlasho stated that ltis hope would be that before we report back to thc Advisor' Committee, that we would try to have a majority opinion. If we don't, we don't, we report back wluatevcr it is we have. We can discuss the pros and cons or the job description. Mr. Werner stated that unless we lmvc a job description of what we want the managcr to accomplish, fluat would fall in line ncxt. !9 FULL TIME MANAGER SUB-COMMITTEE AUGUST 4, 1999 16H 2 Dr. Varley stated that on the other hand if the thinking is that the system is not broken, and we should not fix it, then we should not even discuss it. Mr. Werner stated that broken is a semantical term and is open to intcrprctation as wcll as transcription is. Mr. Herrell stated that Dr. VatIcy and he got into this discussion the other day where in the minutes it read "Mr. Hartell stated flat it really does take tiffs Conuxdttee beyond where is supposed to be getting involved". Dr. Varley had made the statement that we are already there. I got involved in the MSTBU as a different organization than where it seems to go with a full time manager and administrator, than where I thought we were supposed to be as an advisory committee to the County. Certainly we are changing, but I am not sure the MSTBU is where the clmnge should be. It seems like what we are lalking about is some form of government, not necessahl), an advisop,.' committee to maintain the facilities in Pelican Bay. Dr. Varlcy stated fitat when Mr. Werner and I got started in this we were near the maturity point. The dcvcloper was always the onc you fcll back on. If anything nccdcd to be donc, you asked Westinghouse. That ltas changed remarkably in the last fcw )'ears. Mr. Harrcll asked if that means the MSTBU changes with it? Dr. VatIcy replied that in his opinion it does. I lmvc to tcll you that I titink I havc bccn very supportive of Mr. Ward over the years. I fitink Itc is a rcmarkablc individual and has donca superb job. but I am used to an operation that is a lot more proactive ~an what we arc. It is x'cry difficult to get us to address ttdngs. Tlfings like irrigation systems, wc do not havc long range plans. Wc are going to do somcthing, but Itavc no plan about it. Strcct signs, wc have becn talking about for thrcc or four ),ears. but there has been no plan put togethcr. Titat is the kind of proactive hands on dirccting that I think thc community very badly nceds. I fitink we are going to bc in real scrious troublc if we don't. I fitink Mr. Ward is capable of this. but he docs not have the time to do it. He is not Itcre enough to be out poking around to find out witat has to be done. I look upon our job as being morc than meeting once a month for a laugh or two, to sce if things are mm'ing along and then.adjourn. I am cxpccting a lot more from titis committee than you are. 30 FULL TIME MANAGER SUB.COMMYI"I'EE AUGUST 4, 1999 16H Mr. Hah'ell replied that I do not want to go there with this committee. I do not want to be a part of it. It is not where I wanted, or what I thought the group was to do. If it changes beyond an advisory committee 1o the County, for enhanccd services, then I really don't want to be a part of it. Mr. Carroll asked where the pro-activiOy comes from? Mr. Herrell stated that he is not saying that it is not needed. I am saying that is not what I signed up for. It lu~.s changed and evolved from a commitlee of citizens and propcrly. owners advising thc County Commissioners. Tile County Commission has let the irtmatcs run tile asylum. They have decided to let people tax themselves for services that the County won't provide. Tl~e more pro-active this Board gets, the more it changes from where I want to be involved in it. Dr. VatIcy asked if Mr. Hartell would be happy just advising the Count)' of what we want, handing them the money and letting them do it? Mr. Hartell replied what xvc have bccn doing is advising, but wc have not been pro-active and above the curve and I am not sure we can under fitis form of govcrmncnt. Dr. VatIcy stated that what has been clear over the past few )'cars is that the County says you can do wl~atcvcr you want. What you are really saying is that you would be happy having no direction. Mr. HasTell stated that %vhat hc was saying is that it is not an organization tt~at I want to change. What it seems to ~ne is that frotn an MSTBU standpoint what ~vc arc trying to do is change the MSTBU. That is an all ditTcrcnt ballgame. [ think xvc are clc~ly going beyond whcrc it is supposcd to be. Does that mcan we are not supposed to go diere? No, I am not saying that, but I am saying it is changing what it is meant to bc. I don't titink it is meant to bc this pro-active. We talkcd a long time ago about whcthcr the members of lids Cormnittce should be elected, rather titan appointed. 'Flat changes where it is supposed to be. I ltave always been a proponcnt for appointment rather ti~,an clcction. Imn not onc that dcals with change vcry much. If it is time to change it, then so Ix: it. but it wilt not Ix: ch,'mgcd with ~ny support. I just will not be a part of it. That goes beyond what we are tr)'ing to talk about hcrc. Mr. Vlasho statcd diet hc looks at it a littlc differently. I try to look at issucs not like what I would personally like, because quite often that isn't the consensus of the peoplc in Pelican Bay. Do you think taking the 'T' out of it and staying file way we arc right now is thc best dting for Pelican Bay as a community? That is die issue. Or. is die issue to have someone more full-time that can do a number of 31 FULL TIM~ MANAGER SUB-COIVIIvIITI'E~ AUGUST 4, 1999 16/-I things that Mr. Ward doesn't luave ~he time to do? There are two groups that run Pelican Bay now, the Foundation which is very active and involved and the Pelican Bay Services group who might to some extent be the hedge trimmers and grass cutters. I think that what is best for Pelican Bay is what we should be looking at. Whether we choose to be involved is a different issue. Mr. Harrell replied that it depends on the personality of the Board. As the personalities change, the direction of the Board seems lo want 1o change. Again, if Pelican Bay wants to govern itself fluat is different fitan witat I think tile MSTBU was set up for. We were not meant to govern ourselves. We were meant to advise the County to govern us, which is different. Mr. Werner explained fluat Dr. VatIcy and I came on the board about six )'ears ago and it was not the manager fluat started fids Mangrove Restoration in Pelican Bay. It was Mr. Young who was pro-active. Mr. Hartell replied titat it was not so much us, it was people in the community. Dr. Varley got very involved in it in the vcD' beginning. Mr. Werner replied it certainly was us. We were much more active before file Claridgc or Mangrove Action Group got involved. I remember luaving meetings at the Pelican Bay Club before tile Mangrove Group got active. I think Mr. McMurphy was very active with the landscaping issue on U.S. 41. Mr. Hartell sated litat other than the Clam Pass fiasco. that is witat we were supposed to do. It was beyond me how a Count.,,' could ignore thcir propert), and the MSTBU would have to go in and tax themselves to save a resource fluat was ov,'ncd by the County. 'Fluat is way be)'ond where we should have been. I just sense wanting to be much stronger and involved in the government of Pelican Bay and that is something I personally do not want to be involved in. This is not something I thought this group was supposed to do. Mr. Werner stated that according to the "semi-verbatim minutes" of tile last Sub-committee Meeting, Mr. Ward tends to view this as a maintenance entily for community infrastructure. I don't think thai is file entirety of what we are here for. I think we have lost some golden opportunities in the past and when we get to the job description, I will be glad to share with you how I think more of a full time ma~tager would improve that siluation. Mr. Carroll asked if moving in this direelton posed a flu'eat to file commercial community at all7 32 FULL TIME MANAGER SLrB-COMMITI'EE AUGUST 4, 1999 Mr. Harrcll replied that the move to govern Pelican Bay by Pelican Bay votcrs would. If ultimately every voter that owned property in Pelican Bay voted for a member of the MSTBU, it would affect the commercial community. My commercial relationship is part of why I sit here. I am not going to say that where Pelican Bay needs to go is the wrong area. I agree that if the community nccds to be more pro-active and take care of things going beyond titis, then fine. I think it is a maintcrancc organization. This is just not wlmt I thought we were signing up for and if you look at the Ordinance we have already gone way beyond. Tiffs is another step to go beyond. I am only one voice and do not know how anybody else feels about it. I am not saying it is not needed, I am just saying this organization is the wrong place. I am not an incorporation person and do not think Pelican Bay should be a City. It seems to me that witat this Board wants to do is govern titis community. Mr. Werner stated that he is not for incorporation and wc have even t~kcd about reducing the size of the overall Advisor')' Committee and trade sure titat we continued the commercial representation. I don'l understand the jump when you are talking about having a manager go froin one day a week to t~'o or three days a week, to self governance. Mr. Herrell replied titat I tlrink it is getting more involved in the government of Pelican Bay. I just don't think that is an MS'I'BU funraton. Mr. Werner stated I ~ant the Board Io be more invoh'ed in the decision the Manager makes. More So than we are now. I want us to be involved in a pro-active way. l don't want things being presented to us on a platter or maybe t~vo platters to choose A or B. I would like to be involved in the decision m~ing. If that is what you are saying, you are absolutely right. Dr. Varlcy stated flint Mr. Hartell made the comment several tintes tltat titis Board wants to be more aggressive and I don't fifink I feel that way at all. I feel we are being forced in that direction. Every time sometiring colncs up titat we go to the County witIt, the County sits there and says that's not our job, you go do it if you are so smart. It seems to me that we lmvc been told over and over by the County that we are going to manage our own affairs because the Count)' is not going to spend a nickel doing it for us. The question is, if we go down tlmt fork in the roa& we are going Io end up with nobody running the store. There is nobody looking at whether rile budget is being well spent. I would fitink ~'~t if you put this to the vote of the property. owners and ask them if they would you like to have somebody just figure out the 33 FULL TIME MANAGER SUB.COMMITI'EE AUGUST 4, 1999 16H 2 annual assessment, turn it over !o the County and say see you next )'car, they would be opposed to thai. That is about what our job description is according to the ordinance. Dr. Varley continued that he feels flint none of us have a vote here. It seems to me that the commercial interest ltas as much of a vote as any property owner does. Mr. Harrell replied that under this forum they do. It just seems that it is going inlo governing in a specific way and I just don't know this is the fight facility for it. Dr. VatIcy asked what if you change governance to numagement? Mr. Harrell stated that I am not opposed lo an advocate of Pelican Bay or someone who can make things happen for us. I would feel funny having a manager report to this Board on a daily or weekly basis. It just seems to be different fluan what I thought tiffs Board was to be for. Not at all having more involvement by Mr. Ward or someone working for Mr. Ward, I like flint. I do not have a problem with that at all. I just sense a person standing there at the whim of a full Board and as file Board changes in its personality and direction, the person become useless. I think responsible, the way Mr. Ward is responsible is fine, but if it goes beyond that svhcre it is a full time person, who is going to manage that person? Mr. Werner stated I don't understand why you don't need someone to manage a one-day a week person, but you do need somebody managing a fittee-day a week person. Mr. Hartell replied, I think so. Mr. Vlasho stated that if by some stroke or change Mr. Ward could say to us fluat starting next wcck I can be here and devote littee days a week to you full lime, would flint change how we operate? Dr. Varlcy asked Mr. Hartell if hc would bc opposed Io thai7 Mr. Hartell replied, no, I am not opposed to an advocalc for Pelican Bay being pro-active. I am opposed to a full time manager. Dr. VatIcy stated that he respects what Mr. Hartell is saying but to him it is vcv,.' confusing that you come out llmt way. TImt is because of my biased opinion. Mr. Carroll asked if Mr. Harrell felt he represented the opinion of all of the commercial intcrcsts? Mr. Harrell replied no more than any of us represent all of the residents. I am only t~'ing Io do what I fl~ought was my assignment to do and flint was to bring an opinion. it is easy to shut up ;red sit down and in file six years flint we Imve been on tiffs Board we h,ave Ired members thai Imvc never talked and 34 FULL TIME MANAGER SUB-COMMITTEE AUGUST 4, 1999 !6H 2 members that [alk a lot. It does seem that sometimes the Board is pro-active on certain things and not pro- active on other things based on personalities. Wc arc addLrcssing cxotics far more now than wc used to, because of a personalib/on the Board, wldch is fine, But it does sometimes change priorities. That is nol a problem, I just wonder about the politics of managing a full time manager and who is going to do that and how does that change ddngs and what does it really mcan and what docs the fulurc bring? If that is the way the community wants to go then they are really looking to govern themselves. Maybe the entire thing needs Io change if they arc looking that way. Last time wc talked about someone working for Mr. Ward with his fim~ ;red spending more time over itcre. Mr. Werner statcd I am not for fitat, ~g don't need two people. Mr. Halroll stated wc keep going from one person, Mr. Ward, to a full time person? Mr. Werner replied whatever it requires. It is like filling a warehouse. You build it t~icc as large as you need it and before you know it, it is filled up. Mr. Hartell asked what the Board required.'? Mr. Werner stated that lie feels the Board has to give direction to the manager. Mr. Ha.troll stated he feels the community is going that way, but is not sure that is what I want to be a part of. Mr. Werner s121ed that even though fi~c Ord/nancc does not say it, Mr. Ward is somewhat accountable to us. lf,,vc don't like trim we can always recommend that his contract be terminated in sixly days. I would doubt yet), much flint would not happen or not be approved by the Commission. Mr. HasTell replied dmt file County is in a sensitive spot although they do not really let us muscle them that much. It appegs to me the Counly will let us do about whatever we want with the except/on of obligating them. If dray don't, Co~mnissioner Carter is not going to be re..clcctcd. He has a tough road too. because wc can build up the consensus that file County won't do this or thai, although they did help with the mangroves. I believe Mr. Hancock was a proponent to s. avc tim mangroves and hc still lost the election. I think the County is a little afraid of upsetling Pelican Bay because they vole for diem. We have had people threaten to not votc for us again. Mr. Vlasho e.xplained tlmt back to where Dr. Varlcy was with two forks in the road and we are being pushed to do more and more. There are only two ways that more ,and more can be handled. One, the 35 FULL TINIE MANAGER SUB-COMMITTEE AUGUST 4, 1999 16H 2 manager has more tinre to deal with them orthe Board gets involved. Somcbody is going to have to fill the vacuum. Or the dtird choice is not do it at all. Some of us are saying that is not an acceptable alternative. Mr. Ha/Tell stated that he though! tile sub-cotmniuees were started to look into other things and Mr. Werner is the person who proposed the sub-committccs. Is that not solving enough or pro-active enough, or is that too cumbersome? Dr. VatIcy stated that he tuas respect for Mr. Harrell's judgment and I am thinking dmt we come from very different backgrounds. which leads us to come up with total differcnt thoughts. I would think that it' Mr. Ward were a full dine manager he would run the Board much more elTectivcl.v than he is now. Ir every day or evcry couple days you got information titat said that at the next meeting )'ou have to make a decision on tills, fids and fids, we would be managed an awful lot more and the County would Ix: managed a lot more by titis manager. It would not be drc other way around, which is the way I think you come out. Mr. Hartell replied I agree and if you said Mr. Ward was going ~o be here five days a week. 1 would say great, call me if .you need me and place it pretty much in his hands. I won3.' more about tile Board leading the Manager titan the Marroger leading tire Board. Mr. Werner asked if it was a personality tiring? Mr. Hartell replied I don't fitink so. I think it is a comfort thing that I have something else i have to do. It is a faith in whatever it may be and maybe it is just change. Maybe I just don'l want change. Dr. Varlcy asked iX'Mr. Harrcll would like to see Mr. Ward full time? Mr. Hartell replied I would not have a problem wilh a person, wheflter it was Mr. Ward or someone else involved in tire com,nunily and pro-active for the tilings we need to do. I don't now tire system is broken yet. but I can't look inlo [Itc future to see if it will break. Mr. Ward could be gone tomorrow we don't now that either. We might lmve a situation ~vhcrc we mighl Imve to face thai. I get an undercurrent tMt there are people who are nol happy,' with what Mr. Ward is doing and we need to get rid of him. That makes my hair stand up more fl~,'m any~lfing because I want to defend that and say why are we doing fluat. Mr. Vlasho suggested we end fluat pan of the discussion and move on. Before we do that I failed to say where I stood and I guess at th/s moment ! am leaning toward saying I would favor more time. whether it is two or four more days a week. I am trot sure, but I would be inlercsted in having more of a 36 FULL TI1v[E MANAGER SUB-COMMITTEE AUGUST 4, 1999 16H 2 full time manager. Let's leave the discussion there because ever)thing we talk about will come back to these issues anyway and move on to the job description sent to us by Dr. VatIcy on August 2~. Dr. VatIcy stated fitat hc took others thoughts and added to them. The first part is trying to state what we are and to'ing to point out that this community is a dependent districL The County is responsible for the special amenities and we receive all of our special sen'ices from Collier County. Pelican Bay pays for all non-count)' sen, ices and the person administering this should be cognizant of that and his job is to satisfy the community. [ am not suggesting changing the system any, the manager would report based on the present structure fl,.']t xxe have at the County. I have suggested here and it Itas quite honcslly offended me that in all of the stuff titat has been written. that fimre is no place that says Mr. Ward has any responsibility to us other titan coming to our meetings. Mr. Ward has been ,,'cry good about it and very helpful, but that what is written down as his responsibility to fitis Board. [ would make it a little clearer that he does have some responsibility to this Board. Tile reporting relationship I feel is very straightforward and then I went into the specific job responsibilities. as ! would see he would have. Mr. HaH'ell stated flint by virtue of the fact that Mrs. Smith just took my cop)', this is now public. Dr. VatIcy stated that at the last meeting we were given a cop)' of a .job description and said that if there are any suggestions to it to write them down. Mr. Vlasho stated that anything s,,'e discuss as part of fitis meeting has to become part of the record. Mr. Werner stated fitat in looking at Dr. Varlcy's job description there are a couple of things l would add to it and fitis may be getting to the heartburn you are experiencing. To the MSTBU Advisory Committee I would add to be responsive to the Advisor)' Committee directions and requests. I don't care how it is phrased. just be responsive. Mr. Harrcll replied flat he would tend to agree wifl~ that. Mr. Werner stated fltose additiortal items l would add is to search for grants and funding partners for Clam Bay, U.S. 41 and the exotic rentoval. I knox,,' this is redundant. but add "and other duties as assigned by the Advisory Committee". Mr. Carroll asked if there was enough in there Io be more interactive with the Foundation? I would think file Foundation intcraclion would be much more important than the rest of these. 37 FULL TIME MANAGER SUB-COMMITTEE AUGUST 4, 1999 2 Mr. Vlasho stated that he feels a fine job was done, but I have a couple of comments, The first one is should we consider, even in light of the convcrsation we just had, as opposcd Io calling this the Managcr of Pelican Bay Sen'ices call it the General Managcr of Pelican Bay Scn, iccs Division, or is thai too broad? Then, under qualifications you say thc incu,nbcnt will have experience and undcrslanding. When we begin to deal with not Ma'. Ward, but someone who we l~ad talkcd about after the results of my meeting with Mr. Ward, this could be a recent college graduate and he would not have that cxpericnce. Maybe it should read the incumbent should have understanding. Mr. Carroll statcd that does not seem consistent with General Manager. You can't take a college graduate and make him a Gcncml Manager. Mr. Vlasho stated that wc have not looked out there to see who is available. You might get a college graduate and he could get the training from Mr. Ward and hc could have the cxpericncc whclhcr it is in liu'ce months or tlu'ce years I do not know. Dr. Varlcy stated that my thinking was that Mr. Ward would stay and this would be an extra person. If that were the case I would certainly agree with you. If it was nol the case and Mr. Ward was gone I don't tlfink I would be intercslcd in hiring sorecone to take his placc and not have some cxpcriencc. Mr. Hartell agrccd. I am looking for leadership. I really don't want the Board to run into leadership. I fccl more comfortable with people who know what they arc doing. Mr. Wcrncr askcd if anyone was slill constricting doing tv,'o peoplc? I am staying with the impression that Mr. Ward would stay with his one day a wcck position and hire somebody else for an indctcnninatc mnount of time or arc you talking about Mr. Ward on a consulting basis as this ncw person learns file ropes? Wc arc nol talking about eventually having two positions here arc we? Dr. Varley stated that it depends on how the situation works out. I think Mr. Ward has been very resistant to Iraving an extra person. I can see where it could come down to Nv,'ing someone full time because Mr. Ward would be gone. On the oilier I~md if there is a possibility we could not work it oul that way, there might be compromise here. I would not close my mind to say that this absolutely has to be the way it is. l think tilere is a number of options liu~t might work out. Mr. Werner stated !liar he is not interested in paying Mr. Ward's sal,'h5' then another $60,000- $70,000 for a m,'mager for ,'m indefinite period of time. Tlmt is a waste of money. 38 FULL TIME MANAGER SUB-COMMITTEE AUGUST 4. 1999 2 Mr. Vlasho agreed. I would see for some period of time Mr. Ward would be on board similar to what he is no~v and then on some sort of a consulting basis as long as he or we would want him to be. He could be on a retainer or on call for a fee basis. I agree diere are so many ways to look at it, we do not know who we are going to find. Mr. Herrell stated now he is lost. How are we talking about hiring this person? We all ag;/~cd that ira person was going to be hired it was not going to be a County employee. Then we talked about someone working for Mr. Ward's firm with Mr. Ward. Now we are talking about someone working Mthout Mr. Ward. Who would he work for? Dr. Verity stated flint he would imagine flint functionally he would report administratively as Mr. Ward does to Mr. Ilschncr as a consultant to the Count)', the same as Mr. Ward. Mr. Werner explained fitat what 1 am saying is that I don't see it as a two position job. Let's facc it, if' we wanted Mr. Ward full time we could not afford him at his current rate. We are certainly not going to hire somebody at tlmt rate. You are probably going to end up paying someone in the $50.000.$70,000 range for a full time person. l just don't know why we need two people to do the job. Mr. Ward says there is not enough to keep one person busy for three days. Mr. Hartell stated it just feels funny to me. Mr. Carroll slated that adding a person does not necessarily mean adding that mnount of salary. If that person is going to be productive, prcsumably there is some justification that goes with that. Where is he going to save money? I don't know that off hand, but the right person should come close to paying for himself. Mr. Werner stated fitat someone fitat was good could probably earn their keep by getting grants and funding partners or something like that. Dr. Verity stated that his thinking is firat eventually down the road, I think Pelican Bay from my observations, needs a full time manager. Now whether it is needed today or another kind of arrangement with somebody new starting, Mr. Ward staying on, working for Mr. Ward's company, there are dozens of kinds of scenarios that might fit in here before we eventually get down the road to a single full time manager. I would not close out all of these other options at the moment. 39 FULL TIME MANAGER SUB-COMMITTEE AUGUST 4, 1999 2 Mr. Werner replied that he would not make prerequisites either. Why spend the extra 30-35% you would have to pay for that person? Mr. Harrell stated it is pay for work. It is not two people; it is the amount of money. It is not the real amount of money it is the real return. Mr. Vlasho explained timt we need to work tlu'ough a number of issues once we move further down die line. We also have to have discussions with Mr. Ward at the appropriate time. Right now we are just throwing out a lot of ideas and keeping all of our options open. It might result in the fact and I think the Board by adding the funds into the budget, knows tilere will be an overlap of costs. For a short period of time there will be additional costs. Mr. Werner indicated dxat was not Iris argument. When you look at what you arc eventually going to see, I don't see this as a Mr. Ward type person and another full time person working under Ifim. Mr. Vlasho slated tl~at under qualifications does die person lmvc to have knowledge of software computer operations? Dr. VatIcy replied )'cs. Mr. Werner asked why? Mr. Hattell replied fixat you couldn't communicate in tltis day and age without it. Dr. Varlcy staled tlmt we arc not Idring tills person to work a wcck or two. i would think it was for ten to fifteen years down the road. And if you don't understand compulcrs you are going to be in big trouble. Mr. Werner replied it was stated soilware operation particularly Word or Excel. Mr. Harreli stated that is really a different level person. The person who doesn't know Excel or Word on a computer is a different person and is not someone we would want to deal with. It is a basic knowledge that will come with tile person and is a big issue. Mr. Werner replied tixat he does not use Excel. Mr. Harrell replied tim Excel is a spreadsheet function and if you can't do it you can't put together these spreadsheets. I would want someone that can do this or at least understand where it is coming from. Mr. Werner asked if anyone thought tihat Mr. Ward put together that sheet that was held up? 4(I FULL TIME MANAGER SUB-COMMITTEE AUGUST 4, 1999 Dr. Varley replied that he does. Mr, Vlasho slated that I saw when things had to be changed and in three minutes Nil'. Ward got it changed. He understands how to use that system. Mr. Harrell slated that he would Irate to have the person putting those numbers together not know how they go in. That is not the same level of intelligence. Mr. Vlasho asked if Offs was what the committee was thinking as to the job description to the extent that we can agree? If the position is here do we agree on this job description? Mr. Harrell stated this job description is outstanding and there is nothing here that would interrupt anyone's wain of thought. Nobody has to reinvent the wheel. Mr. Werner replied that he is very comfortable wiflx the description if we would just add file things that were mentioned. I also really want this person to be responsive to the overall Advisory Committee and I really want them to be active and look for ways to find money and panners. I look to the Director of the Airport Authority in hnmokalec who has gotten grants for eveo~hing and even talked them into buying a plane so he could go around and look for more grants. I would like to see that Mr. Vlasho asked Dr. Varley to redi'Mt file job description and get it to the Sub-committee and this will serve as the guide to look for file kind of person we are looking for. Mr. Vlasho asked rite Sub-committee's pleasure to go from here? We discussed at the last meeting that we had to go through the County. I think Mr. Werner talked to Mr. llschncr and asked if tilere had been any follow up discussions? Mr. Werner replied flint he had a discussion with Mr. Ilschncr earlier tiffs week and he basically said flint we have to undcrst,'md that whoever it is, is going to report to him and Mr. Fernandez. This person really does not report to file County Commission. The County Commission is our interaction. He would envision it as a director type person and would not have a problem with it as long as we were willing to fund it and tile Conunission agreed to it. Mr. Ilschncr thought file way to address tiffs would be from the top down. In other words we would approach the Co,mnission and tell them tiffs is wlmt we wanted and show them we are ~411ing to fund it and then get them to agree to it and they would give the required direction to their staff. I don't see it as a big problem and I am just paraplu'asing that I do not feel he thought it was a big problem if it is what we wanted to do and was willing to pay for. 41 FULL ~ MANAGER SUB.COMMITTEE AUGUST 4, 1999 2 Dr. Varley stated that it appears to him that the biggest departure is the faa that we are spelling out a more defined role of the Advisory Committee. I guess the real question in my mind is, does anything said in here offend the Count3,? I have tried very hard to slay within what I understand as the limits of the County and it has been stated very plainly that this person would report to the County ~ructure. I tried to capture what it is that we are doing now. Mr. Hatroll stated tlmt could be the only area where there is confusion and that is reporting relationships. Dr. Varley asked if it is clear enough here? Mr. Harrell replied I would not want tile job. Dual reporting relationships is disastrous. It is tough. Who is going to fire you, who is going to praise you, who is going Io Icl[ you that you are doing a good job or bad job? To make everybody happy is a very cliffscult thing to do. It seems to me that is the reason we felt it could not be a County employee is because they would be looking after us. If it is not somcbody directly to us, Imn not sure it is going to soh'e any problems. If he has to walk a tightrope between the Advisory Committee and the County, whom is he going to please? Ncithcr one of us probably. Mr. Werner replied that he/she better please tile people who pay thcm. Dr. Varley asked if Mr. Hartell thought anyone in the County would ever wake up one day and say Mr. Ward is not doing a good job at Pelican Bay, I think we need to Itavc a talk with him? Mr. Harrcll replied no and I don't think the County will get that involved with us for political reasons. I feel if we voled unanimous that Mr. Ward be gone in six'~y days thcy would say fine, whatever you guys want, they xvouldn't care. I don't knoxv what Mr. Ilselmer Ires in mind. I don't know if he thinks that pcrson is contractually for him or what You may never know the function of that person until he has worked here for a year. Both Dr. VatIcy and Mr. Viasilo replied that Mr. Ward is that way right now. Mr. Hartell stated that it appears to him that Mr. Ward is much more independent of the County. Mr. Wcmcr stated fitat Mr. iischncr was not the one who is pro-active about this. I was the one that approached him. 1 asked him to help me understand this. He is not making suggestions on how we should do it, but how we could do it. 42 FULL ~ MANAGER SUB-COMJvI1TI'EE AUGUST 4, 1999 2 Dr. VatIcy stated that how he understood it happening was that the Property Owners decided that the County was not paying enough attention and they Ivarangued Mr. Fernandez. Mr. Fernandez felt he did not have the time to do it so he delegated it to one of his subordinates and told him he should spend more time over here. Mr. Ilschner sitting there just happened to be the person it landed on. Mr. Vlasho explained that we could not change the dual reporting relationship. It is what it is. We really need to go back through Mr. Ilsclmcr and Mr. Fernandez with the job description because they have to approve it. Then I see a different tact going through Commissioner Carter. Mr. Werner stated it would probably be appropriate to keep Mr. Ilschner and Mr. Fernandez apprised of what we are doing. To activate fids we have to go fitrough the Commission. The next step is to bring this to the entire Advisor)' Commitlee and let thc,n know and get their input. Dr. VatIcy stated he would be happy to talk to Commissioner Carter for his opinion. I do not think he would he highly opposed to it. Mr. Vlasho asked if we should go through Commissioner Carter or the Advisor)' Commitlee first? Mr. Werner asked why approach Commissioner Carter if you do not have the Commitlet's support? Maybc it would be smart to approach the Advisory Committcc oncc thc job description is tweaked. along with a copy of lite Minutes. Mr. V]asho stated that if we go lh,.qt way I would ask Dr. Varle>' to go ahead and talk with Commissioner Carter saying fids is wilere the Committee appears Io be. The other way would be to pass a motion at lids meeting ,'mr report that at the Advisory Committee Niceting which follows this meeting and see where everyone stands. Dr. Varlcy stated he Ires no preference. but would prefer not to gel Commissioner C. ancr inlo a bind that we have already decided Io do this and know for whatever reason he dicLn't think it was a smart thing to do and would feel compromised. Fro,n that point I feel it would be bcttcr to talk to Commissioncr Carter first. Mr. Hartell statcd titat in prcdicting Co,nmissioner Carter's response I would think it would be whatever you guys want to do. xAq~y would he say anything but Ihal. Mr. Werner agreed and said the other four would say okay. -13 FULL TIME MANAGER SUB-COMMITTEE AUGUST 4, 1999 16H 2 Mr. Carroll stated that Commissioner C. ancr could also put his Pclican Bay hat on and go from that direction. Mr. Hah-ell stated hc luss to be careful of that. Mr. Vlasho stated that he would take Dr. VatIcy up on his idea of redrafting the job description, talk to Commissioner Carter and at our next meeting have Commissioner C. artcr's reaction, then we can begin to make motions and go to the full Commiuee. Mr. Werner stated that he does not feel that Commissioner Carter should be making the decision for fids Co,mnittee. 1 cannot picture hi,n disagreeing. I fldnk if you go IO Commissioner Carter and have the Advisory Committee approval, that it is a stronger message than just this Sub-committee wants to do it. If it were because of the time difference, I would want to see it go before the Committee this afternoon. Mr. Carroll stated we could bring it up with file entire Advisory Commillee today and see what they want to do. If there were general support then Commissioner Carlet would be consistent. Dr. Varley stated that we have voted on something like file U.S. 41 landscaping without it being on the agenda ,and filere was a lot of grumbling that it was illegal. I wrote you a note and asked Mr. Wan:l, who said that it was not illegal. Could w~ vote on this today even though it was not on the agenda7 Mr. Ward replied in the affirmative. Mr. Vlasho stated it could be under the Full Time Manager Sub-commitlee Report. One approach is like Mr. Werner stated, IVith us nmning file show and go ahead and move forward if that is what we want to do. The oilier is do we want to talk to Mr. Carlet before we take action? Dr. Varley asked if it v,,'a$ fair to spring this on the Advisory Commitlee out of the clear blue sky7 Mr. Werner replied fl~ey have the Minutes of tile last meeting. Mr. Carroll asked if they have the job description7 Mr. Vlasho replied they did not and it is not final. Titat would be his concern. In fairness to them they would lxave to see it. Dr. VatIcy stated fitat rather titan say here is our recommendation..','cs or no. do you want to approve it or not approve it. l IVOuld want to know the thinking behind it and where you are going. Mr. Harrel[ asked if it was wrong to have a discussion. It would be interesting to see how other people feel. It can be a full-blown discussion wifl~out any action. 44 FULL TIME MANAGER SUB.COMMITTEE AUGUST 4, 1999 2 Mr. Vlasho stated that the General Manager would be more than I~ is now, all the way to full time. Some place in there. The next issue is that we Imve a Sub-committee of five, four of which are in favor of such a move and one is not. Then, I would say that we have a job description that we have agreed upon that needs some final wordsmithing and will be available shortly. We had talked with Mr. Ilschner about the position and that is where we are. Those m'e the four firings we have spent time discussing. Mr. Werner stated we should have a motion from this Sub-committee to recommend to the Advisory Committee flint riley consider more than what we have and less than seven days a week management. Mr. Werner moved, seconded by Dr. ParIt5, and approved on a vote of four to one to recommend to the Advisory Committee the hiring of a more full time manager. Mr. Harrell ca~t the dL~entlng vote. Mr. Carroll asked if we were going to ask the Advisory Committee for a decision at this meeting. Mr. Werner rcplied no, he does not care how Mr. Vlasho handles that. Mr. HarTell explained flint Mr. Vlasho will report what we just did and the discussion of the Advisor), Committee will be based on what we have laid in front of them. Mr. Vlasho stated that the next meeting will be held witfin the next two weeks and all members will be notified of the exact date and time. ADJOURN There being no furtiler business. the meeting adjourned at 2:40 P.M. Mr. Lou Vlasho, Chairman 45 COLLIER COUNTY PELICAN RAY SERVICES DIVISION 2 STATEMENT OF REVeNUe, EXPENDITURES AND CHANGES IN FUND BALANCE FOR TEN (10) MONTHS ENDING JULY 31, 1999 OEN~RAL FUNDS Plan Review F~ Iaeomc Interfund Tramffer3 Asaca~cat or Ad-Valor~ Tax Uzmppr~cd Fund Balance Total Revenue Water Communi~ Strut Managt~n~nt ]~eaudfk'afiou LIiOaU Security $10.656 $43.041 $9,633 $7218 S2,500 $0 $0 $0 $0 $6.8O4 $0 $0 $2.994 $0 $0 $0 $349,014 $1,062.982 $163.856 $314.696 $23.800 $66300 ($1:800) $ 5.500 $388,964 $1,179,128 $171,689 $327,414 Other F~e$ & Charges Propc~. ,,~ol~,m~ s7.881 Tax Collector $9 281 Total Other Fees & Charges $17,162 Appropriations - Per, hal Services Personal Scrfcea - ^clmln. $27.770 Pcnoaal Scrvicez -Ficld $41364 Total P~al Services $69,1.15 $16.199 $4.571 $8.739 $28.346 $3.181 $6.110 $44,544 $7,751 $14.850 $1,134,.e,e,e,e,e,e,e,e,e~$16.3~938$312,565 $26.298 $23.139 n/a $~43.437 $21.377 n/a :$469,7.'.'M $44,$16 S0 Administration India'~t Co~t Reimbu:~-m~nts $61.4OO Other Contractual Scrvicc~ $I 5.024 Tc~-l~Onc - ~ Contracts $310 Telephone - Dixcct Linc $1.591 Po~.a~c. F~'ight & UI~ $981 Rcm - Buildings $6.638 Rear- Equi~nem $675 ~ - Cnmcral $1.6OO Office Equ~a! R&M $75 Data t~. R~M $33 Prin~a8 or Bmdm8 . Ou~de Vc'ndors $379 Cka'ks Recordin~ F~-s. Etc. $0 ~ Advertising Sl 38 OtTa~ Suppl~ - Cr.-ncral $927 Cowin~ C 1~-~ $432 Minor Office Equzpmcm $381 Computer Sofl~'axe $80 Otbca' Traiaia8 8. Educational Ex:p $0 ot~ OpcratiaS Sup~ $o Total Administration $0 $6.5OO $18.315 $14.576 a/a $310 5240 n/a $1.591 $512 $2.575 $640 n/a $6.1MI $6.638 n/a $675 $675 $400 S300 $33 $o n/a $O $0 $133 $133 n/a $0 $0 n/a $0 $0 n/a $607 $225 n/a $353 $133 n/a $366 $0 n/a $80 $8O $0 $0 n/a $37 $0 n/a S90,664 $32,.115 $30.652 SO Fleid Servke~ Engi~ & Cortsu]tnnts S2.075 $0 $0 B~m &Swaic Maiatc~ancc $0 $0 S0 Waan Quali~' Tc~ing $0 SO $0 Plan Rc,A~v Services $2.500 $0 $0 n/a Water Use Cbargc~ $0 $30.169 $0 n,/a ReplantreS Prota~m $0 $30.473 $fl n/a Prorated TotaiRev/Exp F.Y. 1999 Jul-99 T!u'u JuN Budgrt Budget Unfavorable S70.588 $71.OOO $71.0OO ($452) S2.5OO S5.0OO S5,0OO ($2.5OO) $6.8O4 $I 1.900 Sl 1.900 (S5.096) $2.994 $0 $O $2,994 $1.890.548 $1.847.700 $1.1M7.7OO $42.848 $93.800 $93.80O $93.800 $0 $2,O67,195 S2,029,400 52,029,400 $37,795 $37.390 $39.100 $39.100 $1.710 $46.917 $58.700 $58.700 $11.783 S84,308 S97,800 S97,800 .887 SI,931,6OO S 1,931,6OO SI3,492 S51,287 S77.207 S91 30(1 S76.500 ($707) S506.179 $669.8(X) S558.167 S51.988 S58,3,385 $761,600 $634,667 S51281 S67.9OO $67.9(~) S56.583 ($I 1.317) $47.914 S70.1OO S58.417 S10.502 S861 $2.OOO Sl .667 S8O6 $3.69,.1 $7.(XX) $5.833 $2.14{) $4.197 $13.(XX) S 10.833 $6.637 $20.117 S21.9(R~ $18250 ($1.867) $2.024 S3,60<) $3.000 $976 $23oo 5230o $1.917 ($383) $108 So SO (s108) $33 $90~ S750 $718 $6-16 $4.0~X) $3.333 S2.688 $0 $4.{~ $3.333 $3.333 $138 $6.tX~ $5.000 $4.862 S1.76o S3.{x~ S2.5oO S74o S917 S2OO S 167 ($750) $748 $0 $O $240 S0 S0 ($24{)) $0 $4(ff1 S333 $333 $37 $1 .(x~o $833 $797 S153,631 S207300 Si72,750 Sl9.119 S2.075 Sl 2.6(x) S10.500 $8.425 $0 $5.0(x) $4.167 $4.167 S0 S12.b{x~ $10.5OO $1o.5(x) $2.500 $ 5.0~) $4.167 $ 1.667 $30.169 $35.5(x~ $29.583 ($585) $30.473 $33.50o $27.9] 7 ($2.5561 Parc I COLXJ~R COUNTY PELICAN RAY SERVICES DIVI~ON 2 STATEMENT OF REVEN'U~ EXP~NDITI~ES AND CItANGrS IN FUND BALANCE FOR TEN (10) MONTI~ ENDING JULY 31, 1~ GENZRAL FUNDS Other Conlr~mal ,%rvic~s Motor Pool R~ud C~lhl~' Postage, Fm&ht & U~ T~ & ~ F~ R~I E~t Auto ~ ~ ~t~ - P~ ~ ~M ~ E~t R&M ~ · P~t~ U~ R~ C~ ~ ~ E~t ~ ~ Su~ Total Capital Outlay Cagital E.xp~ditur~ Total Capital Outlay Wattr Community Street Man i~ement Be~uflfic~tion LIFsh ts Securttv $28,640 $104,123 $2.469 n/a $0 $289 $0 a/a $435 Y~135 $435 $24 $77 $0 ~/a St3 $1,011 $13.101 $1,750 $8.337 $0 n/a $100 $6,019 $825 $1.600 $8.800 $600 n/a $2.000 $4,1 O0 $600 n/a $0 $12.340 :$0 n/a $0 $46.300 :$0 n/a $3.294 $4.588 :$0 nJa $9,M $4.971 $0 n/a $0 $0 :$0 $92 $0 $0 n./a $0 $254 $0 n/a $7 $80 $0 $0 $29 $0 n/a $332 $2.517 $0 n/a $60.530 $26.976 $0 n/a $0 $48 $0 n/a $889 $6.554 $0 $0 $2331 $0 n/a $6.114 $29.562 $12.650 n/a $ i I 1.327 $330,382 $30,680 $0 .682 $19.320 $0 Prorated Total Rev/Exp F.Y. 1999 Jul-99 Fas~r~ble Thru July Bud Budget Un favmlbk $135.232 $192,900 $160,750 :$25,5]8 $289 $0 $0 ($289) $1.305 $400 $333 (S972) SlOl So $o (SlOl) S14.112 S22.000 Sl8.333 g.1222 $10.087 $9.500 $7.917 ($2.171 ) $6.9a,4 $3,800 $3.167 ($3.777) $11.000 $11.000 $9367 ($1.833) $6.700 $6.700 $5.583 ($1.117) $12.340 $12.000 $10.000 ($2.340) $46300 $45.500 $37.917 ($8.383) S7.882 $8.500 $7.083 ($799) $5.915 $5.100 $4250 ($1.665) $0 52.8o0 S2.333 $2.333 $92 $200 Sl 67 $75 $254 SI .sift) Sl .500 .~1246 S87 $0 $0 ($87) $29 $700 $583 $55.1 S2.8-19 $4200 $3.500 $651 $87.506 $103,900 $86.583 ($922} $48 $~m S500 $452 $7.4a3 Sl 3.{x)o $10,833 $3.390 $2.331 $2.900 $2.417 $86 $48.325 $5120O $42.667 (:$5.659) S472,388 $602,900 S502,417 $30,028 $21.002 $58.800 $49.0{X) :$27.998 S 1,682 S 19~20 S0 S0 S21,0~2 S$8,800 $4%000 S27.998 Personal Sen4ccs Other Contractual Scrv-ic¢s Total Security Ol~mdom $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $170.497 $170.497 $301.¢~30 $250.833 $80336 $0 $0 $0 $170,497 $170,497 $301,000 $250,8~J $80,336 S272,80~ $851,751 S10~,848 S170,497 ~,.~ Sl,400,904 SI,931,600 Sl,609,667 S20~,763 N~n Income from Operations Fuad Balaa~ C_~ 10/h98 (Actu~1) Fund B~lam'e ~ July 31, 1999 Fund Balance Allocations R~sea-ved for Operations Re~erv~l for C~pital Outlay $98.993 $282.833 $58.090 $142.067 $211.600 $619250 $246.500 $92.900 $310,593 S90L0~ $.304,590 $234,967 $239.693 $7,10283 S291.090 $234.967 $70.900 $161.800 $13.500 $0 $581.983 $0 $321.933 $260.050 $1.170250 $937.047 $ !,752,233 S9J7,047 1.506.033 $610.g,17 $24620{) $246200 P~c2 PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR NINE (9) MONTHS ENDING JULY ~1 1999 CAPITAL PROJECTS FUNDS R~veu~ D~¢lop~ Con~butions - WC I $339.142 $0 $0 ~ ~e ~ 11,223 ~3,775 ~18.492 ~~t or Ad-V~o~ T~ ~ $0 $0 ~27,374 U~fiat~ F~d Bal~ $876.226 (~3~) ~ Clam Bay Uninsured Irr. & Land. System Assets Anal?sis Total Revenue Prorated Expense~ F.Y. 1999 Juk99 Favorable Thru June Budget Budget Unfavorable $339.142 $738,200 $738,200 ($399.058) $73,489 $68,700 $68.700 $4,789 $627,374 $614,600 $614,600 $12.774 $831.926 $831,926 $83 !.926 $0 Total Revenue $1,226,591 ($525) $645,866 Other Fees & Charges Progcfly' Appraiser $0 $0 $0 Tax Collector $0 $0 $389 Total Other Fees & Charges $0 $0 $.389 NET REVENUE[I $1,226,591 Appropriations: Eagiae~-xiag & Coasultaats $281.489 a/a a/a Other Se~ $8.723 n/a $0 C~pitsl Outlay $386,360 $0 TOTAL APPROPRIAT1ONS[I $676,572 $0 $0 N~ Iaco~ fx~ Opexatioas Fuad Balas~ ~ 10/1/98 (Actual) Fund Balance ~ July 31, 1999 Fund Balance AOocations Reserved for Operations ~ed for Capital Outlay $550,019 ($525) $645,477 $25.574 $939,000 $0 S575,593 S938e175 $645,477 $0 $0 $0 $575,593 $938.475 $645.477 $1,871~31 52,253~26 52,253A26 (5381A94) $0 $19.500 $19.500 $19.500 $389 $13.000 $13.000 $12.611 S389 $32,500 $32,500 S2,2,111 $1,871,542 S2,220,.926 S2,220.926 (S349..383)11 $281.489 $595.426 $496,188 $214,699 $8,723 $746.000 $621.667 $612,944 $386.360 $879.500 $732,917 S346,557 $676,572 S2&20326 S1350.771 S1,174,19911 $1.194,971 S0 $964.574 $799.115 S2,159,.e~5 S799,115 $0 $0 $2,159,545 $799,115 $370.154 $824,816 Page 3 AGENDA AUG 2 6 1999 COLLIER CO~ PLAICNING CONDVflSSION WILL MEET AT 800 A.M...,~SDA¥. SEPT. EMBER 1999 I'N THE BOARD OF COUNTY COMMISSIONERS MEETING ROOl~, ,~3~IN~°I~8~hiNG. COUNTY GOVERNMENT CENTER. 3301 TAMIAMI TRAIL EAST. NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INT)IVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE C~AN. PERSONS WISHING TO HAVE WRITFEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAiD MATERIAL A MINIMU~%t OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE. WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE ,ad~PROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERaMA. NENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOAKD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 5. 6. 7. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES: August 5, 1999 PLANNING COMMISSION ABSENCES: Carter Constantine Mac'Kle Berry BCC REPORT CHAIRMA. N~S REPORT ADVERTISED PUBLIC HEARINGS: Petition No. BD-99-2, Ben Nelson. Jr., of Nelson M~ine Construcuom Inc.. r~re~entmg John Scola. requesnng a 20 foot bo~t dock extension to ~llow for a 40 fooc bo~t dock ~nd bo~t lift f~cility for located at 51 Southpen Cove. further described as Lot 54. Southport c~i~. ~e~.nit 2, in Section 6, Towmtrip 48 South. Range 25 East. (Coordinator: Rosa Gocbemur) o te:, 1 Itemff / &/-¥ Copies To: 16H 2 Petition No. PL'I)-99-1'. GeorB¢ L. \'areadoe. Esq.. of Young, vanAssenderp. Vamadoe & .Anderson. PA.. rcpresemmg H.~rnfiton Harbor. Inc.. requesting a fezone from "PUD" {Sabal Bayl lo "PUD" Planned Unit Developmere to be known as HamJhon Harbor PL'D. m accordance w,th an Interlocal (3ovemmcntal Agreement benveen the Cid' of Naples and Collier County., :'or a manna located in south Naples Bay. adjacent to Ba?~'lew Park. of which 2 l z acres are located within the Collier County junsd,cnon. m Sections 22.23 and 27. Township 50 South. Range 25 East. ICoordmator: Ron Petmort No. DOA-99-2. Geor.~e L. Vamadoe of Young. vanAssenderp ,?c \',~madoe. P.A.. represenlm.~ WCI Communmes L.P. rbr an amendanent to the Pelican Marsh Development o~ Regional Impact ~DRII Development Order No, o5-01, as amended, for the purpose of mcreasm,e the authorized amount of retail Iloor space by S'.S00 square feet of ,era. an increase of fifw. ~.~0~ hotel rooms. and a reductmn m medical office space of 25.000 square feet of _era, for propertl..' bordered on the west by Tam~am~ Trail North IC.S, J, II, on the east bv Ihe future L~vm,eston Road, and on the south bv Vanderbtlt Beach Road m Secuons 25.27. 34 .~5 and ..:6. Townshtp 48 South, Ran.ee 25 East. Collier Count5.'. Florida. consisting of 2.-2.88_- acres. ~Compamon to PUD-9~-011411 ICoordmator: Ron Nmo~ Petmon No. CU-gO-18. Blair a. Foley. P.E., ,ffCoastal Engmeenng Consultants. Inc.. represemmg Robert Keenan. requesting a condinonal use of the "A" zoning d~stnct for a kennel on propen3,' less than 20 acres per kDC Sectran 2.2.2.2.1.2. located at the comer of Massey Street and Woodstork Avenue. m Section 36. ]'o",vnship 48 South. Range 26 East. Collier County. Florida. cons~snng of 1.3'-- acres. ~Coordinator: Fred Reischl) Petmort No. CL'.Oq-,~, Emfi~o J. Robau. P.E.. of R\VA Inc.. representing Jassv Real Estate Investments. Inc.. ,'equestm_e condmonal use "I ~" of the ".\" zonm_e disrrtct Ibr a golf course per Seenon 2.2.2.3 for Froperu.' located two m,les east of the mtersecnon of Sabal Palm Road and C,R. o51. m Section 2.1. Townsrap 50 South. Range 26 East. and Seenon 19. To¥.'nshtp 50 South. Range 2- East, Colher Coumy. Florida consisting or'313.£6z acres. ~Coordmator: Fred Relschll ~Contmued Io the meenn.g of IO 7 99~ Adopriori of a Resolunon to transmit Comprehensive Plan Amendments to develop an Assessment of the Rural Agricultural Area and to provide roterim development standards unlfi that assessment Is completed and amendments to the Comprehensive Plan are adopted. ICoordinator: Barbara Cacchionel ;Continued From .-kugus~ 19. I999~ S. OLD BUSINESS o. NEW BUSINESS I0, PUBLIC'COMMENT ITEM i 1. DISCUSSION OF ADDE,X/DA 12. .-x. DJOURN ,)z2.'99 CCPC AGEND,~'md 2 i6H August 5, 1999 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION NAPLES, FLORIDA, AUGUST 5, 1999 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, h~ving 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: Michael J. Bruet Karen Urbanik Michael A~ Davis Michael Pedone Edward J. Oates, Jr. Gary Wrage Terri Tragesser ALSO PRESENT: Ron Nino, Planning Services Marjorie Student, Assistant County Attorney ~age ~ 161-1' August 5, 1999 CHAIRMAN BRUET: Good morning. I'd like to call to order the August 5th meeting of the Collier County Planning Commission, and I'll commence with roll call. Commissioner Priddy has been excused. Commissioner Urbanik. COMMISSIONER URBANIK: Here. CHAIRMAN BRUET: Commissioner Davis. COMMISSIONER DAVIS: Here. CHAIRMAN BRUET: Commissioner Budd is excused. Commissioner Bruet, present. Commissioner Pedone. COMMISSIONER PEDONE: Here. CtL%IR/~ BRUET: Commissioner Oates. COMMISSIONER OATES: Here. CHAIRMAN BRUET: Commissioner Wrage. COMMISSIONER WRAGE: Here. CHAIRMAN BRUET: Commissioner Tragesser. MR. NINO: Is your mike not on? COMMISSIONER OATES: No, it's not on. CHAIRMAN BRUET: Commissioner Tragesser had said that she was going to attend today and announce her resignation, but we'll see if she arrives. Is there any addenda to the agenda? If not, approval of minutes for June 17th. COMMISSIONER OATES: So moved. COMMISSIONER URBANIK: Second. CHAIRMAN BRUET: There's a motion by Commissioner Oates, seconded by Commissioner Urbanik, to approve the June 17th minutes. All in favor? Opposed? (No response). CHAIRMAN BRUET: Motion carries. COMMISSIONER OATES: Katie, you've got a whistle. MS. ARNOLD: I know. I'm trying to get rid of it. CHAIRMAN BRUET: BCC (sic) absences, vacations; everybody appears to be covered for the time being. BCC report. MR. NINO: Well, as you know, a lot of -- a lot of things happened at the BCC meeting, but I wouldn't attempt to explain their planning ramifications to you. You-all read the newspaper. I think it describes much better than I can describe to the planning commission what the board has done relative to our position with DCA and growth management amendments. CHAIRMAN BRUET: Very good. Chairnman's report, I copied all the fello~ members with a letter that I wrote to Chairman Mac'Kie with respect to our role in the future -- as the future unfolds for the density reduction issues that are there, for the urban boundary issues that are out there. MS. STUDE1TT: Mr. Manalich needs to get some additional materials, so it may be better to have this at the end of the agenda. CHAIRMAN BRUET: That would be fine, Marjorie. MS. STUDENT: Thank you. CHAIRMAN BRUET: I'd say in approximately an hour, maybe less than that. MS. STUDEATT: Probably less than that. He's going to get some material, and I think these items may go rathe= quickly. August 5' i~96 H 2 CHAIRMAN BRUET: That's fine. And I've had a follow-up conversation with the commissioner, and she has said to me that certainly our role will not be diminished or changed in any way. We will be involved in the process throughout. The comment with respect to naming somebody from the planning commission on various ad hoc committees, she made the statement that, obviously, we will receive or be in the process, and, therefore, the need to appoint a specific planning commissioner to every ad hoc committee may not be the best way to do it, but certainly all -- any of the people on the -- any of the members on the planning commission that have an interest in getting on two of the -- one or two or both of the committees that are being established, certainly those opportunities are there to act as an individual or a planning commissioner to specifically set aside a seat for a planning commissioner, and she thought that process would run its own course, and I agree to that, so -- I'll take a moment and welcome Commissioner Tragesser. COMMISSIONER TRAGESSER: I apologize for the tardiness. One of the questions I had on that; will reports from those committees be standing agenda items in this forum so you're not unattached to the process? .. CHAIP~ BRUET: I would think that's -- that's something we should follow up on. It's a very good idea. So, we'll strive to do that, but I certainly recommend anyone here with the interest that you do show by being on this commission to play a role in those committees and make yourself available. It's very interesting and challenging and certainly for the good of the community, and there's a lot of public benefit that can be derived, so I thank you. We'll go right to the -- excuse me, Ramiro will be here sometime this morning to discuss -- MS. STUDENT: Yeah, he'll be back shortly. He had to just go upstairs to the office and get, I think, his file on the matter, and I don't see any problem with doing it at the end of the agenda because there are only four items on there, and it should go rather quickly, so -- COMMISSIONER OATES: There are actually -- yeah, four. CHAIRMAN BRUET: It should, and we're pleased to do that, but Ramiro is going to address the board on the ethics issues that are out there that concern myself, Commissioner Oates and Commissioner Priddy, and he'll be here to address that with us. So, I'll move right into the advertised public hearings. COMMISSIONER OATES: Mr. Chairman, should we recognize that Item E has been withdragon? Is that necessary or not? CHAIPd~ BRUET: Absolutely. COMMISSIONER OATES: Mr. Chairman, I move%we accept the withdrawal of Petition CU-99-6. COMMISSIONER PEDONE: Second. CHAIRMAN BRUET: There's a motion by Commissioner Oates, seconded by Comn~issioner Pedone, to remove Petition CU-99-6. All in favor? Opposed? (No response). CHAIRMAN BRUET: Motion carries. Moving to Item A, Petition Number BD-99-12. This being a public hearing, all those wishing to speak to this issue need to stand, raise your right hand and repeat after the court tel)otter. Page August 5, 1999 (The speakers were sworn). 1 6H 2 CHAIRMAN BRUET: Thank you. Ross. MR. GOCHENAUR: Good morning, commissioners. For the record, Ross Gochenaur, planning services. The petitioner is requesting a 12 foot extension beyond the permitted five feet for waterways less than 100 feet in width to create a docking facility which would protrude a total of 17 feet into the waterway. The property is located at 229 Second Street West in Bonita Shores. It contains about 75 feet of water frontage. The project consists of the removal and replacement of an existing dock and lift. The second dock built in 1989 under a less restrictive code is to remain in place. The new lift would protrude about five and a half feet further into the waterway than the existing dock. One letter of objection to the project from the owner of property on an adjacent canal has been received, and I think this was because the author of the letter was under the impression that a boat could be moored outboard the permitted facility, which, of course, it cannot. The complete distance that a dock and a boat combination could protrude if you. approve this would be a total of 17 feet. I tried to reach the author of the letter by phone, and I wasn't able to. The proposed facility does meet all criteria, and staff does recommend approval. Questions? CHAIRMAN BRUET: I would think with the seawall recessed into the property like this or the way it appears, there certainly should be -- shouldn't be any conflict with boats traveling up and down. MR. GOCHENAUR: I don't think so at all. CHAIRMAN BRLrET: Any questions of staff? Does the petitioner care to address the board? UNIDENTIFIED SPEA/fER: Not unless there's any questions. CHAIRM3~N BRUET: Anyone in the audience care to address the issue? If not, the public hearing is closed. COMMISSIONER OATES: Mr. Chairman, I move we approve BD-99-12. COMMISSIOneR WRAGE: Second. CHAIRFJtN BRUET: There is a motion by Commissioner Oates, seconded by Commissioner Wrage, to approve BD-99-12. All in favor? Opposed? (No response). C}{AIP, MAN BRUET: Motion carries. Moving to Petition Number BD-99-14. This being a public hearing, all those wishing to speak to this issue need Go stand and raise your right hand and repeat after the court reporter. (The speakers were sworn). CF~AIP,~ BRUET: Thank you. MR. GOCHENAUR: For the record, Ross Gochenaur, planning services. The petitioner is requesting a 12 foot after the fact extension to allow the continuing existence of a docking facility protruding a total of 32 feet into the waterway. The facility was permitted by the County on the basis of inaccurate drawings submitted by the ~rine contractor in showing the protrusion to be within the legal 20 foot August 5, 199~ 6~ I've tried to address this at length in the staff report, and if there are any questions, I'd be glad to go into this situation in further detail once I've finished here. The property is located at 49 Southport Cove in Lely Barefoot Beach and contains about 85 feet of water frontage. The facility as it now exists consists of a dock and terminal end lift with a second future lift proposed by the applicant. Five similar extensions have been approved in the immediate vicinity of the subject property. We received no letters of objection, and we have received one letter from a neighbor approving the project. The existing facility, including the proposed future lift, meets all criteria, and staff recommends approval. CHAIRMAN BRUET: Do you know the status of Bray Marine Construction and their issue that you cite here? MR. GOCHENAUR: No, I don't. I spoke with the contractors' licensing investigator this morning to see if there had been any progress made, and he told me that the contractor still hasn't responded to his attempts to contact him. COMMISSIONER OATES: Do they have any method of not allowing them to take out any more construction-permits? MR. GOCHENAUR: They can, if the investigation warrants it, suspend or remove his contractor's license. I don't know what their plans are at this stage. COMMISSIONER OATES: It seems to me that anybody that aborts the law like this ought to be at least reprimanded if nothing else. COMMISSIONER DAVIS: I'm confused here, because the staff report refers to a recommendation that the Contractors' Licensing Board revoked his contractor's permit. COMMISSIONER PEDONE: Yes, but he has to have -- he has to go before the Contractors' Licensing Board, present a full case, and then they'll determine whether or not he should have his license suspended, revoked or a slap on the wrist at that point. COMMISSIONER OATES: But if they don't respond, Mike -- COMMISSIONER PEDONE: If he doesn't respond, then they come -- and it's set for a date before the licensing board, he automatically loses his license at that point because he can't defend himself, and he's been properly notified, and you have to take it that he's guilty and realizes it, and then his license would be revoked or suspended until he appears, and it would go through the county computer process, and if he tries to get a permit, it will pop up that he's not licensed. As the former vice-chairman of the licensing board, I'm a little familiar. MR. GOCHENAUR: The wording in that may be misleading, but I think what I intended to say was that the compSaint recommended that his license be removed. It would be up to the board to act on that. CHAIRMAN BRUET: That's good, and certainly this board sends its support to the Contractors' Licensing Board in getting this issu~ resolved, and leaving the property owners in the lurch like this is, obviously, not where we need to be. MR. GOCHENAUR: I'll pass that on to the investigator. CHAIRMAN BRUET: Yes, thank you. COMMISSIONER WRAGE: I'm just curious, Ross, how did this even come about? Are they selling the property or what -- ~. GOCHEHAUR: No. It's my understanding that another marine contractor ~iled a complaint with code enforcement. So whem it was ~&ge s brought to the attention of code enforcement, it was brought to the attention of the owner, who was under the impression that the dock had been legally constructed. He approached the contractor to resolve the issue. The contractor never contacted the planning department, and when the owner contacted me, I recommended that he go to Contractor Licensing at the same time he applied for the after the fact extension. CHAIRMAN BRUET: Very good. Further questions of staff? Does the petitioner care to address the board? Does anyone in the public care to address the board? If not, the public hearing is closed. COMMISSIONER OATES: Mr. Chairman, I move we approve BD-99-14. COMMISSIONER PEDONE: Second. CHAIRMAN BRUET: There's a motion by Commissioner Oates, seconded by Commissioner Pedone, to approve BD-99-14. All those in favor? Opposed? (No response). CHAIRMAN BRUET: Motion carries. Moving ~o 9etition Number V-99-12. This being a public hearing, all those wishing to speak to this issue need to stand, raise your right hand and repeat after the court reporter. (The speakers were sworn). CHAIRMAN BRUET: Thank you. Fred. MR. REISCHL: Good morning, commissioners. Fred Reischl, planning services. This is a request for a variance by Pizza Hut that's located in Golden Gate City. You can see on the map Golden Gate Parkway, County Road 951. The yellow is the Pizza Hut, generally between the McDonald's and the Gathering Restaurant to the south, and this is a site plan of the parcel. You can see mostly parking and landscape area. This is the 2700 square foot building, and the additional cooler that was added through a building permit. Since this issue came up, I've spoken to the director of the building department, and he acknowledges if something like this comes up in the future, and it has since then, it's directed so the planning department -- and we now have an amendment to their site plan before a building permit is issued, so hopefully, this won't come up in the future. The building line of the cooler is along the same building line as the existing restaurant. However, the restaurant was constr~cted under a previous building code which called for a zero or a five foot side yard setback. When the applicant came in%for the building permit for the cooler -- to the south of the restaurant is a narrow parcel that leads to -- as an access to the parcel to the west. The site plan for the cooler showed that as part of the Pizza Hut property erroneously. Therefore, the building department saw that it met the 15 foot side yard setback and issued the building permit. When the spot survey came in, it was shown that, since that was an official survey and not Just a drawing, it showed that that was eight feet from the property line and did not meet the 15 foot setback, hence they're before you now. I did not receive any letters of objection. COMMISSI~ ~: A~d the staff recommend~ approval? Page 6 MR. REISCHL: We recommend approval with the construction of a masonry wall that would, at least to some degree, bring it into the architectural design guidelines. The petitioner has suggested that landscaping may be a softer way to do it. Staff has no objection to that if that's what your desire is. We just suggested a masonry wall because of the architectural guidelines rather than landscaping, but either way is acceptable to staff. COM]WISSIONER PEDONE: Is this -~ the cooler actually faces the parking lot of the Gathering Restaurant, correct? MR. REISCHL: Across that entrance strip of the ~- CHAIRMAN BRUET: That access strip. MR. REISCHL: -- access strip, yes. COMMISSIONER PEDONE: And you have a little swale in between? MR. REISCHL: It looks like a swale. I think it's just because the other two properties have been filled and that hasn't, so -- COMMISSIONER OATES: Fred, do you think that the resolution should be modified to show that you don't object to landscaping rather than strictly the wall? MR. REISCHL: Yes. If that's your desire, we can modify the resolution before it goes to the board. COMMISSIONZR PEDONE: I think the wall would be more obtrusive than the cooler is at this point. COMMISSIONER DAVIS: Mr. Chairman, with what Mr. Pedone is saying, I did a site visit last Saturday, and it struck me that if the -- you know, not even thinking about the fence here, because everything is so tight in there, this little strip that's been for sale forever between this and the Gathering, struck me that if the wood siding was run on down the face of the cooler and then that side of the restaurant was softened -- softened with a row of landscaDing, that would really serve everybody's needs the best. COMMISSIONER OATES: Yeah. COMMISSIONER PEDONE: Yeah. CHAIRMAN BRUET: I would certainly favor some architectural treatment to the cooler and support some additional landscaping also. I think the masonry wall is a little bit of an overkill -- COMMISSIONER OATES: A little much, yeah. CHAIRM~%N BRUET: -- in this particular case. It does take up more room, looks more massive. I would think that if the petitioner -- the order is he find a way to mount some siding matching the existing building, come around with some additional landscaping with some real body to it, I think it may be something we can live with. MR. REISCHL: Actually, the resolution calls for a site development plan since when this was built, a site development plan wasn't required, and that would put at least the minimum landscaping along that side° If you wanted it to be greater than minimum -- CHAIRMJtN BRUET: Yes, and I do. I do think it should be more than the minimum, and I think we need to address the architectural features of the building with some siding and treat it as if it were a structure would certainly be where I'd like to go. ;%ny further questions of staff? Does the petitioner care to address the board7 MR. HOOVER: Good morning. Bill ~oover of Hoover Planning, representing the petitioner. Correct, this building was put up in '85, and they hired an out-of-town engineering firm to do the work, and Brook Swanson, a local architect, saw their old site plan that showed 25 more feet of land along there. Says, gee, 30 foot setback. He looked up a C4, and he was all set. It went through the county, and I guess that's why we have spot surveys. My client was -- had the same concern that the masonry wall may look worse than what we have right now, and he's willing -- I'm not an expert on building materials, but that's what I was thinking. You can see we've got some tan vertical wood siding on there that we would be happy, if we can't put wood siding on the side of this because it's some kind of vinyl, cooler type thing, we can put a fence up right in front of it that would match this siding as well as a -- you can see on the one picture, we've got a hedge already along the south property line. So we would be willing to continue this hedge all the way back to the cooler plus past that a little bit. So that way when the people to the rear someday develop, it's going to soften even the back side, and then what we would do, where the cooler is, we'll let the hedge grow up to the height of the -- if that seems to be the most appropriate way of doing it, we'll keep the hedge lower until we get to the back part of the building by the cooler, and we can let the hedge go up to six feet or something like that. COMMISSIONER OATES: It seems like a good solution to me. CF~AIR/W_AN BRUET: Yeah. Six feet of hedge though is a few years away. I'd like to see some plants there with a little more height to them to start with. MR. REISCHL: Actually, trees, canopy trees spaced closer than required. CHAIRMAN BRUET: Have a landscape architect make a little plan as part of their site plan that, you know, shows a mixture of plants. Let's have them do it, but let's get some height and take it right -- out of the vision right now. MR. HOOVER: Would that be a tree, one per 25, does that sound like what we're thinking? COMMISSIONER PEDONE: No, I think we're a little more than that probably. CHAIRMAN BRUET: I think we said -- COMMISSIONER PEDONE: How many feet is the cooler? MR. HOOVER: The cooler is 21 feet long. COMMISSIONER PEDONE: So, if we only put one per 25, we'd have one on -- MR. HOOVER: Oh, I thought you meant along the whole southerly property boundary. COMMISSIONER PEDONE: Yeah, we do. CHAIR~h~N BRUET: We had mentioned we'd like to exceed the code. So, I think between the planning department and the landscape architect, they can make it go away. MR. HOOVER: And that's presuming that a~architect -- we only have eight and a half feet, and you can see that we have -- as long as they can get a tree to go in there in eight and a half feet, because it's like a swale area. CHAIRMAN BRUET: I'm sure they can. They don't take up a lot of room, as you know, so -- that's an issue the architect -- the landscape architect and the architect for the building can take care of. MR. HOO%r~R: Okay. We are fine with that. CHAIRMAN BRUET: Meeting the correct guidelines for architectural standards and exceeding the guidelines for landscape architecture. Any further questions of the ~etitioner? Page 8 August 5, 1999 1 6~ Commissioner? CO~DdISSIONER DAVIS: You said something, Mr. Chairman, about meeting the architectural standards. CHAIRMAN BRUET: Well, I think the siding -- I think the siding gets us there. COMMISSIONER DAVIS: Oh, okay. With what we discussed, okay. Okay, because I don't know that that necessarily would meet today's standards, but I think it's a very good resolution. MR. REISCHL: I think the code would say to the greatest extent possible for this, so -- for the paneling. CHAIRMAN BRUET: That was my intent there. COMMISSIONER OATES: And I think certainly they've got this wooden siding on there, and they can cover up that thing somehow. CHAIRM3tN BRUET: I agree, Ed, and I think it can be done quite easily with some effort. Anyone in the audience care to speak to the issue? The public hearing is closed; the pleasure of the board? COMMISSIONER DAVIS: Mr. Chairman, I'll make a motion we forward V-99-12 to the, I guess it's the BZA with recommendation of approval, with the understanding that staff and the petitioner will work out an arrangement by which the cooler wall be faced with -- either faced with the same material that's on the building or if that's not possible, as Mr. Hoover pointed out, the fence in close proximity to the cooler and then landscaping to meet the current code or exceed the current code as is practical given the site conditions. MR. REISCHL: For just a bit of explanation, did you want it increased just in the area of the cooler or along the entire south property line? COMMISSIONER DAVIS: Well, I think if -- there are no trees along the south property line, so the addition of trees we've discussed along that property line is going to be an increase. MR. REISCHL: Right, but I mean anything greater than code would be just in the area of the cooler7 It would be code along the entire site? COMMISSIONER DAVIS: What I envisioned or what I heard other people talking about is the extension of the hedge down along the building to the back of the cooler as Mr. Hoover described, and then the addition of trees on some sort of centers that make sense given the site condition. COMMISSIONER URBANIK: Second. CPLAIRMAN BRL~T: There's a motion by Commissioner Davis, seconded by Co~umissioner Urbanik, to approve Petition V-99-12 as amended by Commissioner Davis. All in favor? Opposed? % (No response). CHAIR~ BRUET: Motion carries. Ramiro, we have one more item to go through, and we'll be ready. MR. MANALICH: Thank you. CHAIR~ BRUET: Thank you. Let's move to Petition CU-99-14. This being a public hearing, all those wishing to speak to this issue need to stand, raise your right hand and repeat after the court reporter. (The speakers were sworn). MR. P~ISCHL: Fred Reischl, planning services. This is a request for a conditional use for a child care ixx the Page C-5 zoning district. The parcel is close to the intersection of Airport Road and Radio Road. The landmark at the corner is First Union Bank. The HRS Families and Child Services is on the property along with the Action Automatic Door Company, to give you some landmarks. The reason that a child care is a conditional use in C-5 is not because of the intensity of the child care but because of the possible intensity of the surrounding uses which could affect children on the site. As you read in the staff report, they've gone through the criteria that are listed for that and have agreed to or meet all the criteria. Therefore, staff recommends approval. I've received no letters or phone calls of objection. COMMISSIONER DAVIS: No-brainer comes to mind. CH3~IRM3LN BRUET: Any further questions of staff? COMMISSIONER TRAGESSER: I just have one. COMMISSIONER OATES: Maybe for you, but not for us. COMMISSIONER TRAGESSER: Yeah, right. The play area and the drop-off area, is there a -- is that a totally sealed area? In other words, if you were picking up a child, would you have to go through the building and into the play area? There's no opening from the play area to the drop-off area? MR. REISCHL: I didn't discuss that with Mr. Kepple. That might be a good question to ask him. COMMISSIONER TRAGESSER: Yeah, I was just curious about that. CbLAIR/~ BRUET: Any further -- MR. NINO: It doesn't say there's a -- doesn't it say there's a five foot masonry wall around it or a fence -- COMMISSIONER TRAGESSER: With no gate. MR. NINO: -o around the play area? MR. REISCHL: That's in the resolution. COMMISSIONER TRAGESSER: Yeah, with no gate. That would be my question. COMMISSIONER DAVIS: What, gated access just to the building? COMMISSIONER TRAGESSER: Well, my concern is, you know, that if you have a gate there from the play area to the drop-off area, what you have is you would have parents, perhaps, not going through the pick-up process, and they could just go in, get their child -- the control element, and I was just curious as to whether that were totally sealed from the drop-off/pick-up area. CHAIRMAN BRUET: I think a lot of those standards are set by HRS, I believe -- COMMISSIONER TRAGESSER: They are required. CHAIRMAN BRUET: -- but I'm not exactly sure what they are, but I know there are many standards. Any further questions of staff? Does the petitioner care to address the b%ard? MR. KEPPLE: Good morning. For the record, Terrance Kepple, representing the petitioner this morning. To answer your question first, there may be a gate someplace for emergency egress required by the fire code and things of that nature from the fenced play area. However, the intent is for all the parents to come through the building to pick up their children. The owner is very aware of the safety needs and things of that nature for the children and has some very strict guidelines that he himself will apply in excess of those by HRS. We have used -- Page COMMISSIONER OATES: question, too. MR. KEPPLE: Sure. COMMISSIONER OATES: Along that line then, Terry, I have a I'm not an engineer, obviously, but is there enough drop-off area? If the parents have to go inside, is there going to be enough parking space there theoretically for them to go pick up their kids and come back? COMMISSIONER DAVIS: Mr. Oates, it's been a long time since you've picked kids up at day-care, hasn't it? COMMISSIONER OATES: COMMISSIONER WRAGE: small. COMMISSIONER OATES: COMMISSIONER DAVIS: dads. It has been; many, many years. They didn't have day-care when his kids were No. My wife took care of them. You get in line with all the other moms and MR. KEPPLE: And unfortunately, that's pretty much true. I've designed some with hundreds of feet, and it doesn't provide enough. There is parking around there. There is -- you know, the adjacent parcels are also nearby that, for a few minutes I'm sure somebody could park in adjacent parking, either the bank or whatever; although we are not recommending that. We are in agreement with staff's recommendations. I do have one item that I'd like to clarify regarding that five foot masonry fence. It -- the area in front of the building, and I believe it's to 100 feet from the front of the building or the front line, front property line, has to be masonry. The portion behind that, I believe, could be some other type of material. We are not sure what that is going to be yet. It will be a solid fence of some type. It may not be masonry. However, it will be in accordance with the Land Development Code, and I'd like the wording to be worded that way, that it will be a five foot high fence in accordance with the Land Development Code. MR. REISCHL: The code basically says masonry, wood or other material approved by the board. So, the only prohibition would be for wood and chain link within 100 feet of the right-of-way. So, once you get beyond that, if another material is acceptable to the board, that's fine with us. COMMISSIONER DAVIS: I would -- CHAIRM~ BRUET: The petitioner is saying -- COMMISSIONER DAVIS: -- hope that -o this is a pretty nice complex there, and it struck me when I read this petition, you know, what a perfect use at this location with the various others that you mentioned, Fred, and I would hope that staff would look at what's going on architecturally or in that general area, because while this is individual property owners, when one drives by, you look at the bank and the garage door place and the state a~ency, it kind of looks like all one office park or whatever the case may be. So, I think that should be taken into consideration as far as whether it's masonry and what it looks like, and I think that's a good design MR. KEPPLE: It has not got to the architectural design stage yet, and we're aware of that, as well as there are some deed restrictions, the bank next door has to approve the site plan and things of that nature. So, we are going to work through those things. COMMISSIONER DAVIS: Sounds good. CHAIRMAN BRUET: I think the petitioner is saying he's going to co~ly with the Land Development Codes, so I think we are set. Page Any further questions of the petitioner? Anyone in the audience care to speak to the issue? If not, the public hearing is closed. The pleasure of the board? COMMISSIONER URB;%NIK: Move to approve Petition CU-99-14. COMMISSIONER DAVIS: Second. CHAIP34AN BRUET: There is a motion by Commissioner Urbanik, seconded by Commissioner Davis, to approve CU-99-14. All in favor? Opposed? COMMISSIONER PEDONE: Aye. No, I'm for it. CHAIRM3~ BRUET: Once again, all in favor7 Opposed? (No response). C}{AIRMA/g BRUET: Motion carries. COMMISSIONER PEDONE: I was concentrating. COMMISSIONER OATES: On his reports. CHAIRM~ BRUET: /%nd that completes the public hearings. Old business, I think some of the old business would affect what Ramiro is here to address us about, and really talks, I believe, specifically to ethics, and we'll let Ramiro bring us up-to-date. MR. MANALICH: Good morning, .Mr. Chairman, planning commission members. For the record, Ramiro Manalich, chief assistant county attorney. It's a pleasure to be here with you this morning. I don't see you-all that often, but hopefully we can do some good here this morning. Essentially, I think -- and Marjorie and Marti Scuderi from our office are also here, but in speaking with Marjorie principally, what I understood was that you wanted some comment and guidance with regard to future agendas where you will be discussing, I believe, the governing cabinet's final order and its ramifications for the rural and other lands in the county, and Mr. Chairman, am I correct in that? CHAIRMAN BRUET: That is correct as I understand it. Commissioner Priddy is not able to attend, but I believe, Commissioner Oates, you understand the concept in that fashion? COMMISSIONER OATES: Yes, I do. MR. MANALICH: Okay. CHAIRMAN BRUET: Thank you. MR. MANALICH: Well, basically, in regards to that, let me pass out to you two Florida statutes which I'd like you to have for your review. Basically, what I think is involved here are basically two Florida statutes that I passed out for you. We can first turn, if you would, to the one, 112.3143, and that's entitled voting conflicts, and I'll keep this very short, but I Just wanted to acquaint you with the rules that we are dealin with, and under 3143 , sub four, parenthesis four, you are appointed public officers as members of this advisory board, and this does apply to you. What that essentially says is that as appointed members of this advisory body, you carulot vote or participate in any matter in which you would have a special private gain or loss to you, to a relative or to a principal or business associate. Now, what it also says in four essentially is that you can participate in a discussion if you first go through the mechanical requirements of filing the form, disclosure of conflict form that is prescribed there. So, that is the first provision we are dealing with. Page 12 August 5, 199916H The other provision we are dealing with is 112.313, parenthesis seven, parenthesis A, of the statute. That's the other handout, and again, that's sub seven, sub A, and essentially, that has a couple of aspects to it. It's not the easiest reading the way it's worded, but essentially what it provides is that -- and all of these provisions, by the way, are geared toward primarily economic considerations, not philosophical considerations, and what it basically says is that you cannot have an employment or contractual relationship which would result in your -- in impeding your ability to carry out the full and faithful discharge of your public duties. What it comes down to is this, I think, when we apply to the present situation these two sets of rules, and that is it appears -- the letter that came from the chairman indicated that three members of the board had connected interest, either through themselves or through business relationships where they either represent entities or have relatives that have holdings, and those were substantial holdings in what I believe is referred to as the rural ag. area. Because of that, at this point, and we would be happy to analyze it as closely as you would want for each of you individually, but my advice at this point would be that for those three members, it appears that they would have, as to this topic, a voting conflict and should not vote. However, I do believe that under the provision I read to you, if the form is filed, you would be able to participate as a member of the panel but not vote. I do not believe you have a 7(A), 112.313(7) (A) problem, that was the other statute I referred you to, because in analyzing the function of this board as we just saw this morning when I was sitting here waiting for this item to be called, it appears to me that the bulk of the items you consider during the course of your tenure here are not of the nature precisely affecting the land holdings we are talking about here. So, I don't think it in general impairs your ability to function on the board. You may have read recently about some issues that came up with another county panel, the environmental advisory council. That was a different situation though because there the members that had those issues where people that had petitions regularly coming back to their own board. So I see your situation as different. That having been said, I'd be happy to answer or try to answer whatever other questions you may have. I hope I've hit on the points you wanted. COMMISSIONER OATES: Mr. Chairman, I'd like to just get one of those forms so we can at least participate in the discussions. CI{AIR/~ BRUET: Sure. Certainly. COMMISSIONER OATES: For all three of us. CHAIR/~ BRUET: I'm sure Marjorie will b~ring it to the appropriate meeting. MS. STUDENT: Aren't those forms available -- MR. MANALICH: I think in the board office. MS. STUDENT: -- in the board office? MR. MANALICH: Are you having dJ. scussion abou~ that today? CHAIRMAN BRUET: No. MR. MANALICH: We can certainly provide that to you beforehand. MS. STUDENT: Yeah, we can have it. COMMISSIONER OATES: Fine, that would be great. CqtAIR/~AN BRUET: It appears to be a couple of meetings away. COMMISSIONER OAT~S: Mr. Chairman, also, I thin~ we need to 2 Page 13 August 5' 19916H 2 state, since Mrs. Tragesser will be leaving, and before we get to the August 14th meeting as I understand it, we are going to be hearing something o- or pardon me, 19th, I guess it is. MS. STUDENT: August 19th I believe is the meeting. COMMISSIONER OATES: Yeah, we are going to be hearing something on that. MS. STUDENT: That's right. COMMISSIONER OATES: I think it's absolutely essential that the planning department determine that the other five members are going to be here, because with her gone, we are going to have only five people that are eligible to vote on the issues. MS. STUDENT: That's a good point, Commissioner Oates, because if you recall in the rural ag. and the Big Cypress amendment, the ag. exemption we had a few years ago now, we were -- had a problem for awhile because we didn't have a quorum, and we cannot be held up on this because we have a final order from the governor and cabinet that established time periods, and if we are held up, we will be put in violation of that order. COMMISSIONER OATES: So, I think it's very incumbent upon the planning department to determine that those five people are going to be here, and if not, I don't know.what we are going to do, but I think it's MS. STUDENT: We would have to reschedule, I chink -- I mean, it's already been advertised, so ~- COMMISSIONER OATES: Yeah, I know it has. So, continue it or MS. STUDENT: -- or it will be in the paper Sunday, actually. Mr. Nino, maybe it would be well today, after this meeting, to have someone, you know, from your department call, and I can be available to, you know, talk as well and explain the magnitude of this and that we are under a final order, and it's absolutely essential that we have a quorum and that even if you're sick, please drag yourself in. MR. MANALICH: Essentially, there are three members that come to my attention that will be affected. MR. NINO: But is the magnitude of that potential conflict as great in the agricultural fringe as it is in the area lying east of Orangetree, because those members -- those lands are well -- are under ownership. It's significantly different. MS. STUDENT: It can't be split up -- it can't be split up that way. The final order talks about the rural ag. area in total, and we are dealing with regulations that deal with that total area and limit land uses and have grandfathering provisions for the total area. It's not broken up that way. MR. MANALICH: What I would also suggest, two other things, one is any time, not just on this topic, but as yo9 probably already know, Marjorie or our office is available to answer questions individually if you have them on any matter in the future. Secondly, there is a provision also in the statute for your safety and comfort, I guess, which says that if you believe there's either a conflict or the appearance of a conflict, it is your choice, you have an ability to declare a conflict, but do remember that the sunshine law requires you always to vote. You cannot abstain unless you, in fact, declare a conflict or the appearance of conflict. COMMISSIONER DAVIS: Mr. Chairman, four of the five are sitting here today. The only one -- the only other one would be Mr. Budd. CHAIR] df BRUET: Yes. August 5, 1991~ 6 H COMMISSIONER DAVIS: And I, for one, will be here. COMMISSIONER PEDONE: I will be here. COMMISSIONER 'JRBANIK: I'll be here. CHAI~ BRUET: And Russell. COMMISSIONER URBANIK: Hopefully. CMAIRMAN BRUET: It's really Russell that we need, Russell Budd, that we need to confirm. COMMISSIONER OATES: And Gary. MR. MANALICH: And Mr. Chairman, if you -- for any reason, if any of you individually believe that we have misconstrued or understood the relative ownership, et cetera, you know, please follow up with us, and we'll take another look at it, but the threshold is very low with this standard or the voting conflict which says a special private gain or loss, basically the commission on ethics' opinions go down to approximately 1 percent. If you have a 1 percent or greater ownership, then usually it's a voting conflict. CHAIRMAN BRUET: I think it was established that, by acreage, we all exceeded that 1 percent. MR. MANALICH: It did appear that way, yes. COMMISSIONER TRAGESSER: I had a question. You indicated that it is perfectly acceptable to participate in the discussion. However, at time of vote, you were to abstain. Is that the way I understand your comments? MR. M. ANILLICH: Yeah. Essentially, mechanically, the way it works is you file the form stating -- declaring a conflict. That then allows you to participate but not to vote. So at the time of the vote, you do not vote on the basis of conflict. COMMISSIONER TRAGESSER: And you're perfectly free to discuss your opinion on this forum even if it represents a special concern on your part for your interest during the discussion? MR. MANALICH: Yes. COMMISSIONER TRAGESSER: Okay. Thank you. CHAIRMA/~ BRUET: Ramiro, we also talked a little about our ability, the three of us, to serve on a committee, one of the ad hoc committees that's being established, and I -- it was my understanding you thought that was probably not in violation of the ethics code? MR. MA~NALICH: Well, let me -- I guess we probably need to explore that a little further as far as the particular details, and I'm not sure I've reached a comfort level with that. I mean, I'm happy to discuss it right now or if you want -- when is the committee beginning their meeting? CHAIRMAN BRUET: Yeah. Well, I would prefer, seeing it's not imminent that we're going to vote on this within a few days -- you know, I'll certainly give you time to do more homework. MR. MANALICH: Yeah, I think I'm going t~\need to speak with Marjorie and find out exactly the workings and the make-up of the committee and its relationship to any of these subjects. CHAIRMAN BRUET: I'm not sure that's going to happen, but we would -- you know, we would like to know if we can be part of that, and if we're selected, is there a problem. MS. STUDENT: Well, I guess a concern I have, and I'm just kind of talking off the cuff right now, but I believe that ad hoc committees are advisory boards, so -~ and they would come under, you know, an advisory board for purposes of the statute. So, three of the members may have the sam problem on the ad hoc committee that they would have on the planning commission, and again, that's just totally AugusE 5, 1999 off the top of my head -- top of my head. ~6~ ~ MR. MANALICH: Is this the same subject matter? COMMISSIONER OATES: Yes. MS. STUDENT: Yes, it's going to be the same subject matter. MR. MA/gALICH: I think there is some reason for concern there. I mean, we'll look at it a little more closely or a little more time, but I think, like Marjorie said, you may have the same dynamics in place as far as the problems. CHAIR~ BRUET: Okay. I would like you to do the research to the level that you have done, you know, to date relative to that issue. MR. MANALICH: You know, the other thing I'd like to say is, you know, with all of these ethics code questions, I mean, we can give you, obviously in general terms, guidance, you know, what the rules are, et cetera, but, you know, the devil's in the details in the sense that they are a facts specific consideration, and you have to look at each person's factual situation, you know, in particular to be able to apply it. I think we've done that in this case. but I'm saying for other situations. CHAIRMAN BRUET: Okay. I understand that. MR. NINO: Ramiro, would there be a difference between an advisory board committee or technical committee as I view as being set up as opposed to one that is statutorily provided for by law? MR. MANALICH: Well, the way -- and you'll see in your definition here of either section that I distributed to you, right at the beginning it defines public officers, and it means any person appointed to hold office in any agency, including any person serving on an advisory body. So, it looks like, as Marjorie said, it really extends to any one of these. If they are in the process of providing recomraendations, I think it's covered. CHAIRMAN BRUET: The qn/estion would be as an ad hoc committee and an advisory body, to me. MS. STUDENT: I think -- I think it is. I would just tell you from my experience here, we had a citizens advisory committee many years ago for our comp. plan. They fell -- and they were advisory to the planning commission on the comp. plan issues, and then the planning commission, of course statutorily, was advisory to the Board of County Commissioners on that. That citizens advisory committee and its subcommittees, they were subject to the sunshine law, and they were subject to these ethics concerns in that function in a similar fashion. MR. MANALICH: duration or -- MS. STUDENT: MR. MANALICH: recommendations. MS. S%-o-DENT: MR. MANALICH: It sounds to me like by ad hoc, it has a limited That's right. -- specific purpose, but i~'s still providing That's correct, Ramiro. So, I think it's going to be problematic, but we'll take a look at it closely. CHAIP,/~OkN BRUET: If you would, please. MR. MANALICH: All right. COMMISSIONER DAVIS: Just an observation, because the board discussed this some on Tuesday, there is a distinction with some of these committees, if I can remember this correctly, in one case, and it may be the technical committee, where there's not going to be a vote taken, and that kind of changes the relationship, because as you just said, Ramiro, discussion is one thing; voting is something else, but that distinction was made in Tuesday's meeting. CHAI~ BRUET: If you would please look into that a little further, because there is certainly interest in trying to play a role in those boards if possible, so MR. MANALICH: Okay. Would there be more than one member possibly serving? CHAIP3~%N BRUET: In -- there may be other members here, but I don't know of anyone other than the three that have a conflict. Now, you-all have to speak for yourself. I don't -- I think it's still the three of us that have the ties to the ownership, but the other six or five in this case I think are free to play a role in those committees if selected. MR. MA/ql~LICH: Okay. Would it be more than one serving on that committee at the same time from this panel? CHAIRM3%N BRUET: Again, I don't even know for sure if it's going to happen, so I don't know, Ramiro, but MR. M~ALICH: I think we need to get a little more detail. MS. STUDENT: We have sunshine -- those committees are already under sunshine, but I guess we have like a -- two layers of sunshine issues ~hen as well. MR. MANALICH: Right. That's the other thing I'm thinking of. CH3~IRM3Uq BRUET: A lot of sunshine here. COMMISSIONER OATES: Wasn't -- aren't there, as I understand it, at least two committees that someone from this commission, other than the three of us, could volunteer to serve on so they could serve on effectively two committees if they so choose -- so chose? MS. STUDENT: I believe that a member of one advisory committee to the board can only be on one other committee; is that correct, Ramiro? MR. MANALICH: I think that's my recollection from the general advisory board ordinance. MS. STUDENT: It's the limit. That's my recollection, you can only be on one other committee. COMMISSIONER DAVIS: I'll throw in though, that that doesn't apply to ad hoc committees necessarily. Now, Terri and I serve on the community appearance committee that, at least in my case, is in excess of that ordinance of two, but the -- MS. STUDENT: You're on the planning commission and that committee and another one? COMMISSIONER DAVIS: Yeah. And I asked the MR. MANALICH: Maybe they make an exception in the ordinance when they're saying ad hoc committees as far as whether they count toward the number. \\ COMMISSIONER DAVIS: Because I asked that question and was advised that, no, it's not a problem. So, I just like to keep muddying the waters. MR. MA~IALICH: That's easy to do in this area. CI~IR~ BRUET: Does anyone have any other questions for Ramiro? Well, if you could, perhaps, report back to us at our next meeting relative to activity on committees, we'll -- MR. M~ICH: Yeah, I'll coordinate with Marjorie and staff about the committees. CHAIRMAN BRUET: That will be fine, through Marjorie or yourself, either way. We understand the issues here, and we have one b~_~4~4 us, Page I believe, and if we can fully understand that one, we'll be very pleased. MR. MANALICH: Because I know you have inquiring minds and want to know, I thought I'd also give to you a copy of just one Florida ethics commission opinion which deals with a planning commissioner in Sarasota County and this whole issue of special private gain or loss and the percentage of holding, et cetera, and this will give you something to kind of see in action what we've been talking about this morning, and if you have any follow-up questions, then let us know. CHAIRMAN BRUET: Thank you. COMMISSIONER PEDONE: If we have an extra one of the voting conflict, I'll take it. COMMISSIONER OATES: The young lady should have one, shouldn't she? COMMISSIONER PEDONE: Yeah, I need the voting conflicts. COMMISSIONER OATES: Shouldn't the young lady have one for the minutes, Mike? CHAIRMAN BRUET: Yes, we have extra ones here. COMMISSIONER OATES: Here's one of those and here's another one of those. CHAIRMAN BRUET: Just once again, does anyone have any other questions for Ramiro before he departs? If not, we'll look forward to your opinion at the next meeting. MR. MANALICH: Okay. CHAIRMAN BRUET: Thank you very much. We'll move to public comment. Anyone in the public care to address the board? COMMISSIONER OATES: Mr. Chairman, I'd like to make a comment. I'm not the public, but I've had the privilege of working with Mrs. Tragesser for probably close to 20 years at the bank and various other places that we have been affiliated, and I'm sorry to see you go, Terri. I'm not, what you call it, not north Georgia, but -- COMMISSIONER TRAGESSER: You don't say of Northern Georgia because the folks in Georgia don't like the word north. So you say you're from upper Georgia. COMMISSIONER OATES: Anyway, I want to wish her the very best of luck. COMMISSIONER TRAGESSER: Thank you, Ed. CHAIRMAi~ BRUET: But I too would like to add, I've -- we've served on a couple of committees and accomplished a few things together for, we think, the good of the community, and she has introduced me to a couple of other people, and I now serve Naples Great board, and I think that was through the introduction of Mrs. Tragesser, and I want to say thanks for the fc~r or five years we've worked together. COMMISSIONER DAVIS: And Mr. Chairman, the committee I spoke about before that Terri and I served on, the Greater Naples Civic Association, brought forward at probably not a small amount of work on Terri's part to bring it to that point, I think we are all glad to know that Tuesday they approved an RFP that's going out that -- when that starts coming back, it's going to be pretty exciting for our community. So, once again, that's something that Terri had a big role in. COMMISSIONER TRAGESSER: well, I leave Collier County at a very exciting point, and it is with mixed emotions. I think probably at August 5' 199~ 6~ 2 this point in time we are looking at planning in a real sense more than we ever have, and I think that this body has the opportunity as these items begin to come forward to assume a lot more of a planning role maybe, and I know some of you at times feel some frustration in not being more -- you know, we are sort of reactive here, projects come in, we look at them, and there are opportunities here to do more shaping, and I appreciate the support from all of you during my short tenure. Thank you. COMMISSIONER DAVIS: I have a prediction that the north Georgia, or whatever you call it, community of Dawsonville within one year probably will have no junk cars in the front yard. COMMISSIONER OATES: I don't know. In upper Georgia, that's not going to be easy to accomplish. COMMISSIONER TRAGESSER: I'll have to put on bib overalls and do a little more adjusting before I'll be received that well. CHAIRMAN BRUET: Any further discussion? If not, the public hearing is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:23 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL J. BRUET, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Breehne DaWT~ Page 16H 2 AUG 2 l 1999 8ojrd of County ComalssIoeer$ 2. 3. 4. 5. 6. 7. 8. 9. 10. Meeting called to order Roll Call Approval of Minutes- Meetings of July 7, 1999 and August 11, 1999 Landscape Architect's Report - George Bother Transportation Services Report - Dan DeCesare Planning Department Report -Stan Litsinger Committee Members' Reports Old Business New Business Adjournment Constantine 1/ -- 16H 2 SUMMARY OF RECOMMENDATIONS AND MOTIONS 3. Minutes of the July 7m meeting: Postponed until the next meeting. 4. COUNTY ATTORNEY'S OFFICE AND REAL PROPERTY DEPARTMENT REPORT Dan DeCesare advised that the Transportation Department and George Botner met with Heidi Ashton and Sandy Taylor two weeks ago to discuss possible various issues. Ms. Taylor advised she received a bid of $850 from a private consultant to obtain copies of ownership of all the properties along the project. This would include copies of the actual deeds plus process time, which would take approximately three to four weeks. In addition, a search regarding the actual ownership of the roadway, whether fee simple or by easement, would also take three to four weeks at a cost of $900. Ms. Ashton noted that this would impact the construction of meandering sidewalks and further research will be required. If the County only has an easement interest, when the established property owners are approached, particularly those with improvements, the County would have to explore whether or not compensible damages are created and estimate what they would be. Ed Kant noted that typically in other parts of the County, improved commercial property owners, in business for four years or more, have the potential to claim business damages. Often the damages are many times the value of the land the counly is trying to acquire. Sometimes it may be cheaper to redesign the project. He stated that until the Transportation, Real Estate and Legal Departments are satisfied that they have the property rights that they need to go forward, the project can be held up. Heidi noted that when more information is obtained, she would be able f'o give the Committee more definitive advice. Ed Kant stated that he met with Development Services regarding permits issued within the past ten years and whether or not changing the access to those businesses would be compensible. Mr. Neal told them that this Committee would take a non-controversial approach and anticipates only a half dozen problems. Once Ms. Ash[on obtains the information from Ms, Taylor, she will determine how to proceed. The ownership research fees will be charged to the MSTU. There was a brief discussion regarding parking specifically 90 degree parking or moving it to the side streets. This would have an impact on the design. In the interim, Dan DeCesare will consult with Planning Department regarding the land development code. 16H Chairman Bill Neal called the meeting to order at 4:20 p.m. at the Collier County Courthouse complex, Facilities Management Conference Room 111. Attendance: Bill Neal, Thomas Briscoe, Donna Fiala, and Maurice Gutierrez, members; Dan DeCesare and Ed Kant, Collier County Transportation Services; George Bother, Botner Land Design; Jacqueline Silano, recording secretary. Excused Absence: Michael Bruet, member. Guests: Heidi Ashton, County Attorney's Off.ice; Sandy Taylor, Real Property Department; Chris Esenberg, Bayshore resident. Minutes of the July 7th meeting: Postponed until the next meeting. OPENING REMARKS BY CHAIRMAN NEAL Mr. Neal thanked members Mike Bruet and Donna Fiala for their successful efforts in applying for a $200,000 grant which will be used for improvements to the bridge. He also thanked Ed Kant and his staff for reducing the speed limit along Bayshore Drive from 45 mph to 35 mph. He also noted that the jack and bore contract has been awarded and work should begin soon. 5. COUNTY ATTORNEY'S OFFICE AND REAL PROPERTY DEPARTMENT REPORT Dan DeCesare advised that the Transportation Department and George Bother met with Heidi Ashton and Sandy Taylor two weeks ago to discuss possible various issues. Ms. Taylor advised she received a bid of $850 from a private consultant to obtain copies of ownership of all the properties along the project. This would include copies of the actual deeds plus process time, which would take approximately three to four weeks. In addition, a search regarding the actual ownership of the roadway, whether fee simple or by easement, would also take three to four weeks at a cost of $900. Ms. Ashton noted that this would impact the construction of meandering sidewalks and further research will be required. If the County only has an easement interest, when the established property owners are approached, particularly those with improvements, the County would have to explore whether or not compensible damages are created and estimate what they would be. Ed Kant noted that typically in other parts of the County, improved commercial property owners, in business for four years or more, have the potential to claim business damages. Often the damages are many times the value of the land the county is trying to acquire. Sometimes it may be cheaper to redesign the project. He stated that until the Transportation, Real Estate and Legal Departments are satisfied that they have the property rights that they need to go forward, the project can be held up. Heidi noted that when more information is obtained, she would be able to give the Committee 2 16H 2 more definitive advice. Ed Kant stated that he met with Development Services regarding permits issued within the past ten years and whether or not changing the access to those businesses would be compensible. Mr. Neal told them that this Committee would take a non-controversial approach and anticipates only a half dozen problems. Once Ms. Ashton obtains the information from Ms. Taylor, she will determine how to proceed. The ownership research fees will be charged to the MSTU. There was a brief discussion regarding parking specifically 90 degree parking or moving it to the side streets. This would have an impact on the design. In the interim, Dan DeCesare will consult with Planning Department regarding.the land development code. (Ms. Ashton and Ms. Taylor left at 4:45 p.m.) 6. TRANSPORTATION SERVICES REPORT Ed Kant advised that Mr. Gavin sent him an e-mail regarding T-21 grant, which indicated that the $200,000 would be available in the 2005 budget. The MSTU has two options - either wait until the money becomes available or budget it as part of the regular budgeting process by entering into a joint partnership agreement with the FDOT. 7. LANDSCAPE ARCHITECT'S REPORT Mr, Botner discussed horizontal and superstructure improvements to the bridge, which is estimated at $500,000. He advised utilizing the $200,000 grant for the horizontal improvement, There was a lengthy discussion regarding funding and on bridge designs. The committee felt a theme needs to be developed. Mr. Neal requested that the members bring suggestions to the next meeting. tn the interim, George will develop a concept for the bridge. He noted that design development is on going and cost estimates are still needed. B. With regard to the entry structure, the Committee requested that the roof be expanded. 8. COMMITTEE MEMBERS' COMMENTS A. Utilization of a round about at the intersection of Bayshore Drive and Thommason Drive will be discussed at next month's meeting. B. The committee reviewed and approved the wording on a sign advising the public that the project is underway. C. It was noted that some of the palm trees at Windstar would be relocated to other medians. Ed Kant will request Russ Muller to provide Maurice Gutierrez with a booklet regarding traffic calming. As there was no further business to discuss, the meeting adjourned at 6:15 p.m. Ti~e next meeting will be held on September 1st at 4:15 p.m. at the East Naples Community Park. 0/3 16H 2 RECEIVED ~ j~ ~' - 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. Meeting called to order Roll Call Approval of Minutes - Meeting of August 10, 1999 Landscape Maintenance Report - Chuck Buckley Landscape Architect's Report - Mike McGee Transportation Landscape Services Report - Dan DeCesareJVal Prince Committee Members' Reports Old Business New Business Public Comments Adjournment Misc. Corre~ ~t~m~ / ~,,,~// ~pie~ 1'o: Next Meeting: October 12, 1999, 4:00 p.m. @ Golden Gate Community Center Meeting called to order at 4:10 p.m. at the Golden Gate Community Center. Roll Call - Present: bonner Bacon, Cheryle Newman, Sabina Musci, members. Val Pdnce and Dan DeCasare, Transportation Landscape Services; Robert Kindelan and Chuck Buckley, Commercial Land Maintenance; Mike McGee, McGee & Associates; Jacqueline Silano, recording secretary. Absent: Excused: Chades McMahon. member. Minutes of the June 9u~ meeting: Bonner Bacon made a motion to approve the' minutes; seconded by Sabina Musci and carried unanimously. Minutes to the July 13'~ meeting: Correction to roll call- Chades McMahon was a late arrival and therefore in attendance, Sabina Musci motioned to approve the minutes as amended; seconded by Bonner Bacon and carried unanimously. LANDSCAPE MAINTENANCE REPORT C.R. 951. Part A - Chuck advised that the plants have been replaced and the irrigation repaired by the irrigation contractor last week although there are still probiems. Tv~ zones run all the time and one valve still leaks. That area has been turned off as per Mike McGee. Golden Gate Parkway - Fertilizer has been applied throughout the Parkway and on Fart A. Chuck's crew has twice raked out rocks from medians 17 and 18 but they are still surfacing. Fifteen yards of landscai0e fill has been installed. Another tw~ loads will be added. Chuck will meet with Mike McGee next week regarding plant material. Dead pine trees have been removed from medians 4.9 and 10 as well as a Royal Poinsiana tree from median 9 C. Internal Roadways - Chuck's crew mowed on July 16 and July 30 and will mow again aT the end of th~s week. 5. TRANSPORTATION DEPARTMENT REPORT A. Val Pnnce advised that the liriope at the 44"" Street crosswalk has been removed and the irrigation capped: once Road and Bridge has finished their v~rk. the irrigation will be reestablished. 8. Vai advised that the County. is in the process of interviewing a new fiscal clerk and a budget update is not available. Dan DeCesare advised that PWED charges of $396 appeared on this ~'$ MSTU budget. balarx~ of $94,000 in operating funds. There is still a C. Dan advised that Chuck McMahon's term expires on October 6'* and that he would have to reapply if he were still interested in serving on the committee. The vacancy is still being advertised. D. Dan advised the contractor on June 16:¢' to proceed with ordering the cobblestone pavers for the crosswalk. Apparently the manufacturer did not fabricate the bricks so an alternative will be needed in order to have the work done before the start of school. He further advised that there were no County funds available t~ contribute towards this. The committee was shown other oatterns that were readily available. After some discussion, Bonner Bacon moved to select the herdngbone pattern; seconded by .Sabina Musci and carded unanimousiy. Sabina further authorized the replacement of the sod by Commercial Land Maintenance as needed: seconded by Bonner Bacon and carried unanimously. LANDSCAPE ARCHITECT'S REPORT blike McGee noted that everything looks good. Arfother Dine tree in median 13 needs to be removed. He felt that the decline was due to blight and would not recommena replacing ~t at u~is time. Cop~es ot t~e July quarterly report were distributed. He noted that there is discoloration in medians 14 thru 22 and 7 thru 10 and may be due to fungus. These areas may need to be re-fertilized. C.R. 951. Part A - Mike cailed the contractor today about the continued irrigabon 0robiems. Val advised that about $20,000 of their retainer is still being held untii the brojec~ comes up to specs COMMITTEE MEMBERS' REPORTS A. Cheryte will contact Ed Kant regarding the clarification of the curbing, i.e., jus*. the turn lanes or the entire medians for the current and upcoming phases. "F" b/pe vertical 6' curbing will be needed. She will aisc inc~uire regarding the raised sidewalks on Sunshine Boulevard and the narrowing and stripping of Hunter 8Dudeyard. ' ./:~parently the funding has been approve(] for the school bus stops. NEW BUSINESS Mike McGee and the committee discussed the concept plan for Part B, which ~s the section of C.R. 951 from Golden Gate Parkway to Green Boulevard. Vat recommended providing Ed Kant with a copy of the plans to see if any additional cuts in the medians are planned before the project gets underway. Also discussed was the development of the comer of the Parkway and C.R. 951: the regarding the possible relocation of the bridge at 39~ Street to Golden Gate Park'way, which v~uld include sidewalks for pedestrian traffic. Sabina Musci moved to approve the concept plan for Part B; seconded by Bonner Bacon and carried unanimously. As there was no further business to disoJss, the meeting was adjourned at 5:35 p.m. The next scheduled meeting will be held on September 140' at 4:00 p.m. at the Golden Gate Community Center. ~ /o. /.¢9.¢ TO: FROM: DATE: RE: MEMORANDUM Board of County Commissioners Judith Kraycik, Secretary Real Property Management Department August 30, 1999 Golden Gate Estates Land Trust Committee Minutes RECEIVED AUG 31 1999 Pursuant to Ordinance No. 87-48, enclosed please find the approved minutes of the Golden Gate Estates Land Trust Committee from the June 7, 1999, meeting. If you have any questions or comments, please advise. Norr $ s ~(/-.~- C&rter Constantine ~/,~~ Berry Misc. Cotres: Date: L2 ~-~E? c~/ Item, ? J '/7/~Z-Z' Copies To: APPROVED 16H 2 GOLDEN GATE ESTATES LAND TRUST COMMITTEE MONDAY, JUNE 7, 1999 GOLDEN GATE ESTATES BRANCH LIBRARY Matthew Hudson Charles 'Skip' VariGelder Stephen Greenberg Karen Acquard Sandra Taylor Judy Kraycik Kaydee Tuff - Chairman - Vice-Chairman - Member - Member - Director, Real Property Management Depadment - Secretary, Real Property Management Department - Tuff's Publications DISTRIBUTION: Copy of memorandum to Diane Flagg, Chief, Emergency Medical Services Department, from Sandra Taylor, Director, Real Property Management Department, dated May 28, 1999, regarding Purchase Agreement for the future EMS site. Copy of Agreement between Collier County as Trustee of the GAC Land Trust and Collier County, a political subdivision of the State of Florida dated May 25, 1999. Letter from Frank O. Kovarik, Chief, Big Corkscrew Island Fire Control and Rescue District, to the Golden Gate Estates Land Trust Committee, dated June 2, 1999, requesting funds for the purchase of a brush patrol/rescue vehicle. CALL TO ORDER The meeting was called to order at 6:55 P.M. by Matt Hudson, Chairman. II. APPROVAL OF MINUTES- April 26, 1999 Karen made a motion to approve the minutes as drafted. Steve seconded the motion and the minutes were so approved. III APPROVAL OF TREASURER'S REPORT- None 1 t-t 2 /:',PF' q O',,/E D IV. SELECTION OF NEW CHAIRMANNICE-CHAIRMAN Steve commented that things have been running smoothly, Matt responded that he would continue in his capacity as Chairman if that is the desire of the members. Skip made a motion to retain the present Chairman and Vice-Chairman for another term. Steve seconded the motion and all in favor. REQUEST FOR FUNDS - Frank Kovarik, Chief, Big Corkscrew Island Fire & Rescue District Chief Kovarik distributed a letter which explained that he is requesting funds for the purchase of a lightweight brush patrol/rescue vehicle. He said during the brush fires this year it was discovered that a new lighter, smaller vehicle was more mobile and easier to maneuver. Initially the possibly of building a couple of bigger brush trucks was considered. However, his District was highly impressed with the performance of this lightweight vehicle. Unfortunately, this District does not have the funds available for this type of purchase. Therefore, he is requesting funds in the amount of $51,413.00 from the Golden Gate Estates Land Trust to be t~sed to purchase a lightweight brush patrol/rescue vehicle. Matt asked if additional equipment will be necessary for this vehicle. Chief Kovarik answered the vehicle is complete. Matt asked if the District had the oppodunity to use a vehicle of this type on loan. Chief Kovarik responded the District had used a Dodge Ram 3500 Brush Vehicle and it was wonderful. He explained the brush trucks they currently use are large and cumbersome with no power steering and manual shift. They are used to knock down trees and brush which causes them to become damaged very easily. This smaller vehicle Can be used on trails and areas where the larger trucks cannot reach. Thus, firefighters can move more easily around houses which they are trying to protect. The problem of moving between houses has become increasingly more difficult as the population in the Estates grows. In addition, this vehicle can be used for light rescue. Normally, during rainy season the brush trucks are never used. However, the lightweight brush patrol/rescue vehicle is equipped as such that it would be utilized year round. There is also a monetary consideration in that a larger brush truck would cost between $70,000 and $80,000 to build. Matt asked if all available funds for the District are being used for employees. Chief Kovarik said they are trying to add employees. Matt commented on the 47% increase in calls this year as stated in the letter. Matt asked for a discussion from the Committee members. Karen stated she is well aware of the condition of the trucks as she lives in that District. She also said she knows that a vehicle of this type was used off Everglades Boulevard and it prevented a couple of houses from burning. Therefore, she is completely in favor of this expenditure. Matt said he is also aware of the condition of the vehicles. Ship said the Trust has the means and if the truck is needed and it is within the guidelines of allowed expenditures, he sees no reason not to recommend approving this request. Matt agreed with Skip's comment and added that the primary objective of the Trust should be to promote the safety and welfare of the residents of the Estates. Therefore, Matt made a motion to recommend an expenditure of $51,413.00 to purchase a new brush truck. Skip seconded the motion and all in favor. 16H "2 APPROVED Sandy stated she will prepare the Agreement and also send a 'letter of no objection' to Avatar for their approval. Vl. COMMITTEE MEMBER VACANCY Sandy said the vacancy was last advertised on May 7, 1999 and there have been no inquiries. Matt asked if the ad is placed in the Golden Gate Gazette as well as the Naples Daily News. Kaydee Tuff said Collier County does not pay to have it advertised in the Gazette, However, it is printed on a space available basis. Vi!o RURAL SAFETY REFUGE STRUCTURES - RUSS MULLER Matt asked if there is an update on this item. Sandy said she requested an update but did not receive one. Skip asked when the agreement expires. Sandy responded September. Karen said she approached Mike Wittenberg for information on the status. However, he is no longer involved in this project. Matt asked Sandy to please send another letter requesting an update. Vii. EMS SUBSTATION - PROPERTY ACQUISITION/DESIGN Sandy stated the closing on the property occurred last Thursday and has provided the Committee with a copy of the Agreement as well as a copy of a memorandum to Diane Flagg notifying her of the acquisition. There is app;oximately $13,000 remaining for the design. Karen asked if the property is now owned by EMS. Sandy said it is owned by Collier County. When invoices for the design are presented for payment the funds will be expended directly from the Trust. Karen asked if the County will retain ownership of the land. Sandy said yes. Karen requested in the future, when a project involves more than one entity, a representative of each entity be in attendance at the meeting when the request for funds is presented to the Committee. She continued that her understanding was this acquisition was for an EMS Substation and a Sheriffs Office Substation. However, a Sheriffs Substation Commander recendtly questined her as to why a representative of the SherifFs Office had not been present at the meeting. He stated to her that the SherifFs OfFice has no intention of building a substation in this area for probably thirty years. Sandy said Diane spoke to someone else from the Sheriffs Office. In addition, the Executive Summary references the Sheriff's Office as well as the 'Agreement': Karen stated she was told the SherifFs OfFice will accept any land that is offered free as sometime they may want to build a substation in that area. However, this particular area will not be considered for at least twenty-five to thirty years. The other members agreed that did not seem very realistic. Karen said that was what she was told. As a result, and to avoid any confusion in the future, Karen requested there be a representative in attendance from each entity involved in a project when the funds are requested. Sandy said the Committee has the right to make that request. Karen said Diane Flagg stated this property would be used for a joint facility. Skip mentioned the same scenario exists at Orangetree. The plan called for a joint EMS/SherifFs Office Facility and thus far it is only an EMS Substation. Matt said that even if a representative tells the Committee of a specific plan, it may still not happen 3 and those statements are not binding. Projects do not happen unless they 'are .budgeted. The SherifFs Office Multipurpose Training Facility is an example. IX. PUBLIC COMMENT/OTHER DISCUSSION Kaydee Tuff mentioned that Ed Kant stated at the Town Hall meeting that the Rural Safety Refuges are an amenity being provided by the County. Sandy stated she has provided a draft of an Executive Summary regarding the properties that are on the 'reserved' list. It is a requirement that this list be presented to the Board of County Commissioners every five years for their approval. Sandy said the list is not being changed. All County entities who currently have land reserved have requested it remain on the 'reserved' list. In addition, she is recommending that the property being 'reserved' for future marketability remain on that list. The Committee can elect to remove any property they wish from the future marketability list at any time without Board approval. However, the land being 'reserved' by any government agency cannot be removed from the list without Board approval. Karen requested the 56 acre parcel be removed from the list. Sandy said the Parks and Recreation Department requested that parcel remain 'reserved'. Sandy said Karen could make a motion. Karen said she objects to that parcel being 'reserved' as she thinks it is highly marketable. In addition, she does not approve of the plans that Parks and Recreation has for the property. She said there are plans for nature trails which is not what the residents of Golden Gate Estates need. Matt said that there are no plans to do anything with the land for a very long time. Therefore, it really is not an issue at this time. In addition, prior to the land being used for any purpose, the plans must be presented to this Committee. Karen said she will not support the plans until the Parks and Recreation Department understands that a community park is a place with playground equipment and picnic tables for families to use. She said there is nothing like that in that particular area. Steve agreed but stated he would not argue this point at this time. Karen said if the Committee would say they do not want that parcel of land reserved for Parks and Recreation it would send a message. Sandy said she could state it is the Committee's recommendation to reserve that parcel for future marketability. That does not mean the Board of County Commissioners would not continue to reserve it for Parks and Recreation. Steve said even if the parcel is moved to the list for future marketability, it would be at least five years before it will have appreciated to a point where the Committee would consider offering it for sale. He continued that sending a message now will not matter in five years. Matt said that there could be a different Director of Parks and Recreation in five years. Karen said she would like to send a message that she is unhappy with the way it is being handled. Matt stated in theory Karen is correct. However, two points should be kept in mind. First, will they get the message. The answer is probably not as thus far they have not understood. Secondly, it is a non-issue for at least five years. Therefore, send them a message in five years when they are seriously looking at the plans. Moving the land from one list to another now would be more of an administrative function and would not be noticed. Matt said he understands the frustration but that any action should wait until they request to use the land. Skip asked if the Committee has the authority to oversee the development of the park. Matt answered the Committee can provide a lot of input. 4 161-1 APPROVED Sandy stated she needs a motion to approve the Executive Summary. Skip moved to approve the Executive Summary as drafted. Matt seconded the motion. Karen abstained. The motion passed with a majority of three. IX. NEXT PROPOSED MEETING DATE Monday, July 26, 1999 (7:00 p.m.) Monday, August 23, 1999 (7:00 p.m.) It was decided if there is a response to the member vacancy advertisement, a meeting would be held in July. Otherwise, the next meeting will be in August. X. ADJOURNMENT The meeting was adjourned at 7:20 p.m. County of Collier 16H COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 CIRCUIT COURT NAPLES. FLORIDA 34101-3044 COUNTY COURT COUNTY RECORDER Dwight E. Brock CLERK BOARD OF Clerk 2 COUNTY COMMISSIONERS August 11, 1999 Collier County Board of Count)' Commissioners 3301 East'Famiami Trail Naples, Fl. 34112 Attention: Sue Filson, Administrative Assistant AUG 11 7.7? SUBJF. CI': PROOF OF PUBi. ICATION - UNCI.AIMED MONEYS In accordance with Florida Statutes, Chapter 116.21(2), enclosed please find an Affidavit of Publication for the listing of unclaimed moneys being held by the Collier County Clerk of the Circuit Court. \Ve respectfully request that this affidavit be included as miscellaneous correspondence to the Board of Count)' Commissioners and be recorded in the Board's minutes. Unless claimed by September 1, 1999, these funds will be forfeited to the Count3: Thank you for your cooperation in this matter. If you have an}' questions, please telephone me at 774-8481. Sincerely, Robert W. Byrne General Operations Manager Finance & Accounting Department Enclosure (1) Item# /~Pt/ .-~A Copies To: VERGI ES E(jfi6 g . :,7 ¢~ = Published Weekly Everglades City, Florida AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF COLLIER Before the undersigned authot4ty personally appeared Russell W. Tuff, who on oath says that he is Publisher of the Everglades Echo, a weekly newspaper published at Everglades City in Collier County, Florida; that the attached copy of the advertisement, being a Public Notice in the matter of Unclaimed Funds Collier County Clerk of the Circuit Court in the Collier Courtly Court was published in said newspaper in the issues of Tuesday~ July 27, 1999 Affiant further says that the said Everglades Echo is a newspaper published at Everglades City, in said Collier County, Florida, and has been entered as second second-class mail matter at the post office in Everglades City, in said Collier County for a period of I year preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publ'/~:~ the said newspaper. Signature of Affian'V: ~ '- <'~ " Sworn to and subscribed before me this ~q~ day of % , A.D. 19 qq Signature of Notary Public _.."~~ ~ (Name of Notary typed, printed or stamped) Personally known 7,.. Type of identification produced or produced identification PUBLIC NOTICE PUBLIC NOTICE UNCLAIMED FUNDS Dwight E. Brock, Clerk of the Circuit Coud. is In possession of the following lunds. According to F.S. 116.21, any persons havin~ of claiming any interest in such funds shall file a written claim and make sufficient proof on or before $optember 1, 1999 with the Clerk of the Circuit Court, Bookkeeping Department. P.O. Box 413044. Naple~. FL 34101. Unless claim is flied within such time ss aforesaid, all claims in reference hereto ,are forever ' ha. ed. UNCLAIMED FUNDS COLLIER C0UNT¥ CLERK OF TrlE CIRCUIT COURT 2 PAYEE DATE AMOUNT CK/ PAYEE DATE AMOUNT !~Ee 6, ~wJ1]odeo Echo, j.,t~ 27, 1999 PUBLIC NOTICE 16H 2 PUBLIC NOTICE (X~S41Z? acesdiM gQ~S4~S 1 (X~S4M1 Oc~S4al2 iCISiM& MOUNT PAYEE ~c CK~ PUBLIC NOTICE PAYEE Oua-T),¥E, T Q2~I, G)(,M)J..E S HAZ]E. LTC~ .M,,M( S ~ JOI~P'H, v't,Ul? July 27, 1999, lv~Lade~ ~.ho, P'oge ? ~'u.,,c No'rmc~ 6 H 2 AMOUNT CKI PAYEE DATE AMOUNT ~ ~ [Dw~J~o tn4~T m~ ~TU~ N~T~UE ~n~ . ~~ .... ~. , ~.1~ 16H I~g¢ 8, Everglades Echo, j,,ly 2?, 1999 PUBLIC NOTICE PUBLIC NOTICE 2 0~' PUBLIC NOTICE PAYEE DATE AMOUNT NUGENT, DAVIO LY~.~ · · 1/1&'97 io.oo THORNE~ HEEN ~n~ I0.00 Jul,y 27, 1~99. l~ver~l&ded Echo, PuEe 9 PUBLIC NOTICE CKa oo~7-~4 PAYEE · ,CAe~S S,X. DATE AMOUNT Page 10..Evtrl:li~del F..cho, July 27, 1999 ~ PUBLIC NOTICE PUBLIC NOTICE PAYEE DATE S~N~, ~ ~ 1~7 AMOUNT O~M~2 PUBLIC NOTICE PAYEE DATE AMOUNT I,~..~ C ~ I¢~) JuJy 27, 1~'9, I.~M~.i~.j~ I* PUBLI'~ ~1OTICE ~ GCI2~171S ~T22 QC~5471~ CX~-~M7 PAYEE DATE A~UNT WC3NC~I'IA. (:~ I0.00 P~ge 12, Evergla~du Echo, July 27, 199~ PUBLIC NOTICE CKJ PAYEE DATE AMOUNT PUBLIC NOTIC'~j:~- 2_. CK/ PAYEE DATE AMOUNT ~S~G. kU, RY US F.~BY I~? CKa 0o2:~4~o PUBLIC NOTICE PAYEE DATE NU~F..Z, MIOUEL ANGEL V~ ~ WM~ ~ c ~~c~ ~ ~Y ~~J E~T~. ~ M Ju~,y 27. 1999', Eyer~Lodeo,~Eho, ~life_13 ~u~,,c NO~,C~t_b_~ 2. AMOUNT 1000 O0~NO2 PAYEE DATE AMOUNT PUBLIC NOTICE oa~oo~ o~om~7~ PUBLIC NOTICIL r,,.)I'1 2 PAYEE AMOUNT PUBLIC NOTICE P PAYEE DATE AMOUNT C1~41 ~. ~T~R N~ 1~ ~ ~4tl ~ ~ I~ lO,~ ~4 MESS~ ~ L 1~7 10.~ ~7 July 27, 1999, !tverst~dm !dillo, ~ I~ ~ UBLIC NOTICE1 b !I PAYEE DA~ ~OU~ t/3CVI7 t,'JO'17 t,'~0~? 1?30~7 psi.* 16..Eretria, des F~:ho, July 27. 1999 PUBLIC NOTICE P PAYEE DATE N~D. J'LL FORDE 't,'30~? AMOUNT 10.00 DATE AMOUNT PUBLIC NOTICE PAYEE DATE AMOUNT ~J'-d7 27, 1999, Eveiliad"' EchO, ll~l:e CKt PAYEE DATE AMOUNT PmZe 18, E~r~,dee ~ho, July 27, 194~ PUBLIC NOTICE PUBLIC NOTI~ CK~ PAYEE DATE AkIOUNT oclire460 C1~1S7~4 Cc~47'30 CX~M7'S3 OC~1M71~ PAYEE PUBLIC NOTICE PAYEE ~ ~ATO ~ ~. ~T~ J ~v~, ~ July 27, 19"P9, Iv~r.jtldel Icko, Pusel! PUBLIC NOTICE 1 ~- i"l C~ ~4 0C~'3~43 04~71~4 0C~713~ 0c~71~ PAYEE ~Y~I ~Y~ AMOUNT I~oo z7~o 12~oo ~u4 ILOQ li.47 Page 20,.Everglade~ Echo, July 27, 1999 1 6 H PUBLIC NOTICE PUBLIC NOTICE PAYEE PA~LO AVILES JOSE RAilGEL ALVARADO PNC BANK CARO~ WEL?MER JACKSON ALT ENOR LEVESTER OWENS RO8ERT MARVIN MONTGOMERY CANDICE N KELLEY JOSE LUtS MF..ZA MICHAEL A OWEN NtLSA JOHNSON MICHAEL H CROSSLEY SUMMER SINES WR~HT,MEUSSA L ~a~JUA/~A FLORES BECKER & POUA~OFF F~DBERT LOU16 ~NOJOSA JOSEPH CUUJOE COX CELLA AfiDRADE TREJO JO~E MJ la.A/~OA PNC BANK CAROL WEL'TIdER ANNE T PIERRE FIFTH THIR0 BANK Q*E R E M~,S RIQUTAC ,. LA,N NEIT.,SEN CI-UN JOEY FRANCAS KElly JO,SEF~I LCXMSlNO LE~ P REINA LOUIE A DALTON M J H & COMPANy MICHAEL IBA~IRY J~J.4ES NESTER GROUP INC NETTLE ROSS-WlGGIN~ NEW HORIZONS TITLE INC. PATRICtA A WOW~ R & M DENT & BENT R EINAi_00 RICARDO ~ GFUSELDA SALVADOR LEON ZX~OU~US O KENNETH ELtjoTT DAMEL CONLEY DATE ~21/97 9/4/97 ~7 ~7 W~7 ~7 W1~7 ~7 ~7 ~7 ~7 2 AMOUNT CK# PAYEE DATE AMOUNT 4g.~o 00293765 FIDELITY NATiONAt. TIT1,.S C · 68875 C,L"~ 94260 HE ROLD COFFEY 1~7 10.~ 137,~3 ~294270 MARIE HELENE CELESTiN 1~7 ~.~ 23.~ ~25427g RIC~RO DEREK MAD~K ~7 ~3.~0 ~4293 WENDY H SCO~ 9.~ ~2~e07 DENNIS SCO~ MITCHELL I~.~ ~2~952 ~UELITO VARG~ I~1~7 7.~ 16.~ ~970 JUAN P~CUA~ I~1~7 lg2.~ 47S.~ ~ JULIE MtLLER 1~7 S.~ ~ 37.93 ~7 A~DA ~y 11~7 15.~ ~971~ WAYNE D WE68 1111~7 ~.~ 23.~ ~87137 ~SE GU~UPE ~8~ I Law Enforcement Agency: Collier County Sheriff's Office O Police Department O Prosecutor's Office Federal Equitable Sharing Agreement "VALID THRU SEPTEMBER 30' 2OO i ' 6! 2 OCheck if New Participant (~ Shcriff's Office/Departmcnt O Task Force' O Other Contact Person: Danny.. Shryvert Esq.. . E-mailAddress:_. N/A Mailing Address: 3301 Tamiami Trail Eas[, Buildinq J, Naples, (Street) (City) Flor ic~ ~M11 ? (State) (Zip Code) Telephone Number: ( 941 ) 793-9292 Fax Number: ( 941 ) 793-9195 Agency Fiscal Year Ends on: 9/30 (Month/Day) NCiC/ORI/Tracking No.: FLOllOOOO This Federal Equitable Sharing Agreement entered into among ( I ) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following req,irements for participation in the federal equitable sharing program. S ubmlssion. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Deparm~ent of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in thck equitable sharing guidelines. Asset Forfeiture and Money Laundering Section U.S. Department of Justice/ACA Program P.O. Box 27768 Washington, D.C. 20038 E-mail address: program.sea am~usdoj.gov Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, N.W., Suite 700 Washington, D.C. 20220 E-mail address: treas.aca~teoaf. t~eas.gov Fax: (202) 622-9610 Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably-shared cash, property, or £roceed~; Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern eqfiitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a TD F 92-22.46) submitted by the requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the appropriate department shown in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. 5. Internal Controls. The parties agree to account septrely for federal equitable sirering funck,~ received from the Deparu'ncnt of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be cornmingled ' Attach list of member ag.encies with their addresses and indicate lead agency. with federal equitable sharing funds. The recipient agency shall establish a separale revenue account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be deposited in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's .4 Guide to Equitable Sharing of Federall), Forfeited ProperO' for State and Local Law Enforcemcnt 2gencies (Justice Guide), and the Department of the Treasury's Guide to Equitc~ble Sharing for Foreign Countries and Federal, Stt$te, and Local Law Enforcement Agencies (Treasury Guide), The accounting of shared funds must be submitted in the format shown on the Annual Certification Report contained in both the .l.stice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision ofthis agreemere shall subject the recipient agency to the sanctions stipulated in tile current edition of the J.stice or Treasury Guides, depending oll fl~e source of the funds or property. $. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Depanmcnl of Justice and the Department of the Treasury (at the addresses shown in item I) and a copy to the U,S, Attorney in the dislrJct in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from tile respective departments or as outlined in the dustice or Tre~s.O' Guides. Receipt of the certificatio. report is a prerequisite to receiving a.y equitably-shared cash, propert),, or proceeds. 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? O Yes (~) No (lfyou answered yes, attach relevant information. See instructions,) Are there pending In a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? O Yes O No (Ifyou answered yes, attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq. ), Title IX of the Educa lion Amendments of 1972 (20 U.S.C, § 1681 etseq.), Section 504 ofthe Rehabilitation Act of 1973 (29 U.S,C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C, § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity, Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture, _Don Hunlet ...... 9 / 8~___ Pamela Name (Prinl or Type) Date Name (Print or Type) Date aw~Au[hor/zed Representative ~ I \ I~ I aI"T~I'~' '~,,",i "" ~,~. I \ 1~ r~, ,~,, ~:"n,.'~ .,-':','" Sheriff :':.."~.~Uty-~. '.'?.~ ~ _ :'t': ~i ~"~ , .... . ~ai~n, Collier County C~i~ion Title (~6ntor T~e) .... ' · '" -~ TJlle (P6nl or Type) .,g' ; z '., ,..' ~ %", ~ . ,~ %,; '.,,,,,. ~ .' . · . ~is form is ~bject to the Freed~ ~f l,fa~mation .act and may be released 'uests under 161 2 PENDING LITIGATION: Dorothea Sabieiny v Collier County Sheriff's Office; gender discrimination; in litigation Victor Valdes v Collier County Sheriff's Office; ethnic discrimination; in litigation Melva Browning v Collier County Sheriff's Office; gender discrimination; EEOC pending .$ RESOLUTION 99- 37___.8.8 RESOLUTION PURSUANT TO §101,001, FLORIDA STATUTES, CHANGING BOUNDARIES OF PRECINCT 603 WITHIN COLLIER COUNTY BY CREATING AN ADDITIONAL PRECINCT 646, AMENDING DESCRIPTION DIRECTION TO AID IN FINDING VISIBLE LANDMARKS, RENUMBERING 1992 PRECINCT TO REFLECT ACTUAL NUMBER IN USE, CORRECTION OF SCRIVENERS ERROR, AND PROVIDING AN EFFECTIVE DATE ! 3 WHEREAS, Chapter 101.001. Florida Stalutes, authorizes the Board of County Commissioners. upon the recommendation of the Supervisor of Elections, to alter Ihe boundaries of election precincts within the county; and WHEREAS. such the Supervisor o[ Elections herewith makes the recommendation to alter specific precinct boundaries to alleviate the pressures of growth; and WHEREAS, Chapter 101,001, Florida Statutes, directs an accurate description of any altered precinct boundary be made and maps reflecting such changes be filed with the Florida Secretary ol State; and WHEREAS, county precinct 603 has experienced considerable growth resulting from increased dwelling unit construction and now has largest number of registered voters of any precinct; THEREFORE, BE IT NOW RESOLVED by the Board of County Commissioners that the precinct boundary adjustments recommended by the Supervisor of Elections be approved as follows: I. Precinct 603 be divided to create new precinct 646; with precincl 603 remaining as the subdivisions of Longshore Lake, Quail Creek, Quail West (in Collier County), the Bay West Nursery area to a point two miles east of the C.R, 951 intersection with Immokalee Road; 2, Create Precinct 646 which consists of the subdivisions of Wdloughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand and all points east of the Florida Power & Light transmission easement to Interstate 75 between the Collier-Lee County line to Immokalee Road; 3. To correct a scriveners error in the 1992 legal description of Precinct 251 to included the omitted language; 4. To revise the direction of Precinct 252's legal description thereby facilitating ease in finding visible landmarks; 5. To amend the precinct number to reflect that actually known and used as Precinct 679; in the 1992 amendment, the precinct was scheduled to be numbered 666 while the volers protested so the number was changed to 679; however, the materials filed in the official records of the county seem to indicate 666. BE IT FURTHER RESOLVED that the legal descriptions oI the above precincts are fully described within Exhibit A attached hereto as a part of this Resolution, DONE AND ORDERED this ..~.~..~ day of September, 1999, while convened in Regular Session, ATTEST: DWIGHT E. BROCK, CLERK Att~ ~s to Ch~r'~tn's Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ' /' AMELA ~'~ MAC'KIE, Chairman AssistantCounty Attorney PRECINCT 251 Collier County, Florida !61 Begin the precinct's northwest corner at the intersection of the Naples City Limit and Haldemann Creek; thence east along the centerline of Haldemann Creek (across Bayshore Drive) to the point of intersection with the east boundary of Sabal Shores; thence south along the drainage waterway which serves as the east boundary of Sabal Shores, Oak Ridge Manor, and Crews Subdivisions; thence west along Crews Subdivision boundary to the west section line of Sec- tion 13, Township 50 South, Range 25 East; thence south alonq said section line to its intersection with the centerline of Thomasson Drive (which is 120 feet, more or less, west of the Thomasson Drive/Dominion Road intersection); thence east along Thomasson Drive centerline to U.S. 41 East (Tamiami Trail East) centerline, which is the northeast corner of Section 24, Township 50 South, Range 25 East; thence southeast along U.S. 41 East to its intersection with the Lely Outfall Canal centerline; thence southwest along the Lely Outfall Canal to its intersection with the inland waterway; thence northerly along the inlar~d waterway to Dollar Bay at the north line of Section 34, Township 50 South, Range 25 East; thence east along said section line (which is the southernmost boundary for the City of Naples) to its northeast corner; thence north along the east lines of Sections 26, 23, and 14, Township 50 South, Range 25 East, to the point of intersection with the Haldernann Creek centerline and the point of beginning. Resolution 99- adopted corrected scriveners error (underlined) in Resolution 92-337 description. Formerly Precinct 214 and part of 221; renumbered by Reaolution 92-337 adopted June 16, 1992 (OR Book 1726, Page 20~4). Amended by Resolution 83-51 adopted April 5, 1983. Created by Resolution 82-75 adopted June 18, 1982. F.V:~RECLINE~lgCJ~L99PRC251 QW Mary W Mc~'ga~. SuOecw~,o~ ot Etec~x~ W~,:~ne~cl.~y. November 01. 1995 PRECINCT 252 Collier County, Florida Begin precinct's northwest corner at the intersection of the centerlines of Bayshore Drive and U.S. 41 East; thence south along Bayshore Drive to its intersection with the centerline of Haldemann Creek; thence east along Halde- mann Creek to its intersection with the east boundary of Sabal Shores; thence south along the drainage waterway which serves as the eastern boundary of Sabal Shores, Oak Ridge Manor, and Crews Subdivisions; thence west along Crews Subdivision boundary to the west section line of Section 13, Township 50 South, Range 25 East; thence south along said west line of Section 13, Town- ship 50 South, Range 25 East to its intersection with the centerline of Thomas- son Drive which is 120 feet more or less west of the Thomasson Drive/Dominion Road intersection; thence east along Thomasson Drive to its intersection with the centerline of U.S. 41; thence nodheast along U.S. 41 to the Bayshore Drive intersection and the point of beginning. Resolution 99- adopted reversed direction of description flow from Resolution 92-337 for ease in finding visible landmarks. Precinct 212 renumbered as 252 by Resolution 92-337 adopted June 16, 1992 (OR Book 1726, Page 2085). Renumbered as Precinct 212 by Resolution 83-51 adopted April 5, 1983. Created by Resolution 82-75 adopted June 18, 1982. FLI~RECLIN£~I~JgL99PRC252 OW Mary W Moi'gan, Supe~a' ~ IElectionl Thu~tay. Novenlipe~ 02, 1995 161 PRECINCT 603 Collier County, Florida Begin the northwest corner of the precinct at the intersection of the centerline of Interstate 75 with Section 7, Township 48S, Range 26E which is the point of intersection of the Collier-Lee County line; thence east along the northern sec- tion lines of Sections 7, 8, 9, 10, 11, and 12, Township 48S, Range 26E (the Collier-Lee County line); thence south along the eastern section lines of Sections 12, 13, and 24, Township 48S, Range 26E; thence west along the southern section lines of Sections 24, 23, 22, 21, 20, and 19, Township 48S, Range 26E which is Immokalee Road (C.R. 846) to its intersection with the centerline of Interstate 75; thence north along the centerline of Interstate 75 three miles more or less to the point of beginning. Adopted by Resolution 99- on ; precinct 603 divided into 603 and 646 with 646 being the subtraction of W'~lloughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand, et al. Adopted by Resolution 92-337 on June 16, 1992; renumbered from 226; added W}lloughby Acres to precinct. Created by Resolution 91-778 on November 12, 1991; formerly part of precinct 223 which was created by Resolution 86-240 on December 16, 1986; formerly part of precinct 201 as amended by Resolution 83-34 on March 1, 1983; formerly a part of precinct 205 as created by resolution 82- 75 on June 18, 1982. F:V3RECLINE~ 1999',99PRC603 QW PRECINCT 646 Collier County, Florida Begin the northwest corner of the precinct at the northern corner of Section 7, Township 48S, Range 26E which is the point of intersection of the Collier-Lee County line with the centerline of the platted Florida Power & Light transmission line easement; thence east along the northern section lines of Section 7, Town- ship 48S, Range 26E (the Collier-Lee County line) to its intersection with the centerline of Interstate 75; thence south along the centerline of Interstate 75 for 3 miles more or less to its intersection with the centerline of Immokalee Road (C.R. 846); continuing west along the centerline of C.R. 846 to its intersection with the west line of Section 24, Township 48S, Range 25E which is a drainage ditch lying along the east boundary of Palm River Subdivision; thence northerly along said drainage ditch 3,000 feet more or less, thence northeasterly 5,500 feet more or less along a drainage creek which is the northeasterly extension of Palm River; thence east along the north line of Section 24, Township 48S, Range 25E, to its intersection with the Florida Power & Light transmission line easement's centerline; thence northerly along said easement 10,000 feet more or less to the point of beginning. Created by Resolution 99- on · split from precinct 603 to create precinct 646 by subtracting W~lloughby Acres, Turnbury, Carlton Lakes, Grand Reserve, The Strand, et al. to form 646. Adopted by Resolution 92-337 on June 16, 1992; renumbered from 226; added Willoughby Acres to precinct. Created by Resolution 91-778 on November 12, 1991; formedy part of precinct 223 which was created by Resolution 86-240 on December 16, 1986; formerly part of precinct 201 as amended by Resolution 83-34 on March 1, 1983; formerly a part of precinct 205 as created by resolution 82- 75 on June 18, 1982. F ~PRECLINE~19~Jg~99PRC6,46 OW Precinct 679 Collier County, Florida Begin the northwest corner at the intersection of the centerlines of U.S. 41 (Tamiami Trail North, State Road 45, Ninth Street North) and Creech Road; thence east along the Creech Road centerline to its intersection with the center- line of Goodlette-Frank Road (C.R. 851); thence south along the Goodlette- Frank Road centerline to its intersection with the centerline of Fleischmann Boulevard; thence west along the Fleischmann Boulevard centerline to its inter- section with the centerline of U.S. 41 (Tamiami Trail North, S. R. 45, Ninth Street North); thence north along the U.S. 41 (Tamiami Trail North, S.R. 45, Ninth Street North) centerline to the point of beginning. Adopted by Resolution 99- on as precinct 679 since, in 1992, voters in precinct 666 objected that the number represented the sign of satan so number only was changed in 1992. Adopted by Resolution 92-337 on June 16, 1992 as precinct 666 - number change only; formerly 007; recorded in O.R. Book 1726. page 2143. Adopted by Resolution 83-34 on March 1, 1983. I: ',PRECLlNI~199g~99PRC679 QW 161 4 MEMORANDUM Date: To: From: Re: September 30, 1999 Mary Morgan, Supervisor of Elections Ellie Hoffman, Deputy Clerk Minutes & Records Department Resolution 99-379 Enclosed please find a certified copy of the above referenced document, adopted by the Board of County Commissioners on September 28, 1999 (Agenda Item #1614). Kindly forward this resolution to the Division of Elections of the Florida Department of State. If you should have any questions, please contact me at: (8406). Thank you. Enclosure 161 4 A RESOLUTION NO. 99-379 RESOLUTION FINDING ELECTION RESOURCES CORPORATION AS SOLE SOURCE FOR COUNTY PURCHASE OF CERTAIN SOFTWARE; AUTHORIZING PURCHASE OF SUCH SOFTWARE & EQUIPMENT WHEREAS, Collier County desires to upgrade its present ballot tabulation sys- tem to one which is fully Y2K compliant and which meets the state system standards and approval of the Florida Division of Elections; and WHEREAS, Section 101.293(1), Florida Statutes, requires that voting equipment (ballot tabulation) purchases in excess of $3,000 be acquired through the sealed com- petitive bid process from at least two bidders unless the majority finds there is but a sin- gle suitable source; and WHEREAS, the Board of County Commissioners finds that the Etnet software provided by Election Resources Corporation, versions 2.6.1 or 2.6.2 (when certified by the Division of Elections), is the only system which would best meet the needs of Collier County's existing ballot tabulation and vote recording equipment in terms of system compatibility because: 1. The County's existing ballot layout and printing software sets up the program- ming of Ethel software; 2. Etnet software is the only Windows based software certified in Florida and on the market; and 3. Etnet software facilitates the ease of reporting election results to the internet and to the Division of Elections on election night. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY, FLORIDA, at a regular meeting assembled this ~.c~..m. day of September, 1999, that: 1. Collier County finds that there is but a single source, Election Resources Corpo- ration, that provides the Etnet ballot tabulation system needed to upgrade the County's present ballot tabulation system to a Y2K compliant, network of microprocessors which tabulate the single prescored IBM punch card ballots and which system is totally com- patible with the Division of Elections program for reporting election results; and 2. That said software system shall be obtained from Election Resources Corpora- tion upon such terms and conditions as the parties agree. 3. Facilities are available within Collier County to tabulate and ascertain results of the elections to be counted with the Etnet state certified software electronic ballot tabu- lation system on networked microprocessors. 4. Collier County will receive from Election Resources Corporation a detailed plan- ning and procedure manual prepared by said firm exclusively for the programming and electronic tabulation of ballots, using the Etnet Version 2.6.1, or 2.6.2, upon receipt of state Y2K certification. 5. Collier County will assure that Election Resources Corporation provides exper- tise and personnel to assist and train county elections officials in the use of the system. 161 4 A copy of this Resolution shall be forwarded to the Division of Elections of the Florida Department of State by the Supervisor of Elections upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. ?"'. DATED:. ., ,':i ATTEST.:. :,' ' :DWIGHT. BROCK. Clerk ~, :' , :',, , .... ,'.. ~ \,: .'~ "~ '.,',".. ',,~ttist:'-'~,s tO '",?' .':;~'tg~ature on]]. .... ,,,Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~,, M~ Chai~"-'"-'-'~'~-~ PROJECT NUMBER: IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representa§ons herein have execuled this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE (For D.O.T. Use On/y) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Date: FEDERAL FUNDS ALLOCATED Approved as to form, legality for the Department of Transportation by: Attorney Collier County Board of Ccmxaissionera Pamela S. Mac'Kie Authorized Representative's Name Typed ]'~le: Chairwoman, Collier County Co~rnission '.,',:;'~.~.'::.'.',i. · ' ';rrT s'r: ..-':/,,%?' . .' ~pu~$ C]erk : · ',,,:~",~"..~'L ".: ture of Aclministrator Don Hunter Administrator's Name Typed Sheriff, Collier County NOTE: No whiteout or erasures accepted on this signature page. 17 16J 1 AGREEMI~NT FOR COLLIER COUNTY PARTIAL FUNDING OF Till; COLLIER COUNTY LEGAL AID SOCIETY, INC. THIS AGREEMENT LI rotered into this ~ ~' day of ~ 1999 by Collier COup, Florida, , political ~ubdivi~ion of the Sta:e of Florida, throuSh i~ Board o£ County Com/1~lioners, herein~er referred to a~ the "County", and the Collier County Legal Aid Society, Inc., d/b/m/the Legal Aid Society of. Collie, County, a Fireida not-for profit corporalion, ~er r~erred to u "Lesal Aid Society'". WrlTCf;SS£TIt: WHERF_..~, on June 16, ]998, the Co~ty approved en ordinaaoe providing £or pmial fu,-xting for a !eg~ aid offce in Collier County; and, WHEREAS, tl~ ColLier County Bar Association has led the local effort to establish the Legal Aid Society to assist qualified indigent residel~ts of Collier County with family law legal problema; and, ~, the County, m Collier County Ordinance No. 98.57, specifically found that providing funding assistance for the Collier County Bar Auociation's efforts to establish and n~intain a legal mid office helps to address a public need end a~-ves a !awlhi and nec~'y public WHEREAS, the Legal Aid Socic~7 is a private, not-for-prottt corporation created throush the efforts of the Collier County Bar Association to serve as the office which wLIl ~ldreu the leB~! needs of qualified indigent reaident~ of Collier County regarding family law legal problems; and, WHEILEAS, it is in the best interest of' the County to trite' into a contract with the Legal Aid Society to conduct activities in &ccorda~ce with the terms and conditions set forth herein; ~, the County, through Collier County Ordinance No. 98-57 has approved ~rvice charge~filing feea which are authorLr..ed by Florida Statutes to be used exclusively for the purposes of euablL~ns, atafflnS, equipping, hmishing and operatin8 a legal aid office for the representation of quali~ed indigent residems of Collier County. Specifically, the County has approved a ae~,ice charse of $10.00 in probate matters, a fe~ orS10.00 for each civil action filed in the Circuit Court and ~ ~wice charge orS10.00 for civil actions in County Court. NOW, THEREfOlt~ in conside'radon of the mutual promsea and covenants contained herein, the psrties hereto agree u follows. 66. 9'[ dBS SOd gas ,*,3t,l~:tOllt~ 16J 1 1. COUNTY FUNDING. Pursuant to Collier County OrdLnance No. 98-57, ~nd a~ ~~ by S~o~ 28.2401, 28.24l ~d 34.~1, FIo~ Senate% ~e Coun~ h~eby est~ t~ att~ budget ~bit A) for ~ pu~e o~ ~sis~g ~th p~ ~ng to ~E~ ~ ~uip, ~ ~ ~e ~ I~ ~d o~ for ~ ~pre~t~tion of quali~ ~d~em ~dents of Co~ C~. S~d ~d~ for ~im~ s~ ~ ~sh~ ~y by ~e ~. 2. COUNTY PAYMENT OF LEGAL AID SOCIETY EXPENDrruREs. Payments for expe~ditu~'es shall b~ m~de bi-w~eldy upon the pre~m~ion of prOl~ invoices/recipes to the Collier County Finance Depaztment by the Le[~l Aid Society. 3. LEGAL AID SOCIETY P,,EOUIREMENTS. In performing th~s Agreement, the I.,egg A~d Society sh~: a. ~.doli~h, staff, equip, fur~sh and opernte a legal aid office for the representation of qualified indigent residents of Collier County who have family law legal problurts. b. use its best ~rfforts :o obtain h~g~h quality supplies a~d services for use in the pe,fform~ce of these servi~s at the lowest pr~ctic~ costs and shall expend ~unds in accordance with the budget attached hereto a~ Exhibit "A". c. n~t ts an independent contractor in the pe~onnance of this Agreement. d. furnish the County AdmitSaerator and Clerk of Courts with a ~mai-anm~ (5/15 and 11115 of each budget year) narrative progress report on the program as it relates to t~ agreement. e. provide to the County evidence of legal professional liability insurance with limit~ ofnot lorn than $500,000 for ea~ claim. Sa~d Lnsur~nce shall be underwritten by a can~er acceptable to the County. f provide the County and the Cl~rk of Courts with full and complete access to all financial records including its budget, private funding sources, expenditures and all fmandal activitiea. The Lesal Aid Society ahab keep orderly ~ complete records of its finandal accounts and financial tra.n~mions involving the funds provided to the Legal Aid Society under th~s Agreement. The Legal Aid Society shall open these records to inspection by County personnel at reasonable hours during the entire term of the A&reemcnt. Any person duly auLhorized by the County s~all have ~li access end the right to examine an), of these records dutin8 the term of the Agreement and up to three (3) years thercal~ea'. The provisions of this 2 1 paragraph shall survive the t~-rmin~tion of this Agreement ts to the fiscal years, or portions thereof~ during which this Agreement Is in effect. 8- to the extent permitted by law, defend, indemni,Cy and hold hsrmleu the County from and against all claims, damages, losses and expenses, including reasonable sttorney's fee~ ami costs, arising out of or resulting from the performance by the Lcfii Aid Society of its responsibiiitie~ under ~hls Agrtement. h. not sssign or subcontract any of the services which are the subject of this A$reement without obtsining written consent fi'om the County in advance of' said ssslgnment or subcontra~in8. S~id consent shill not be unruly withheld by the County. i. riot discriminate against any employee or person served under this Asreement on the basis of rice, color, sex, semal orieatation, age, religion, ancestry, national origin, tumdicsp j. comply with all ~pplicsble safety laws, ordinances, ru~s, regulstions, standards and i&wful order of'any public authority having jurisdiction over the mstte~ in question. 4. TERM OF AGREEMENT. The term of this Asreement shall be for a period ofone year to begin October I, 1999 tnd to e~l on Septa'~er 30, 20~, unless terrainsted esrlier in iccordance with the provisions of this A&reement. Absent notice of' intent to terrninste, the Agreement m~y be renewed upon mutual consent of the partits for two (2) additional terms of one (1) year each. 5. ~ERMINATION OF AGREEMENT. Should either party ~! to pm~f'orm under the requirements of this Agr~ then the non-breax;hin~ party may terminste said Asrtemcnt immediately for cause. F.,khet piny may tetmin~e this Agreement for convenience with 120 day written notice to the oth~ pa~ty. All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and sent to the following addresses: 1 Jill Burzynr~, F.~., President Leg~ Akl $ocic'~y do Burzyt~d & PfeutT~r 1124 Goodlette Rn,d N~ples. Florid~ 34102 Of~c~ of'the County Attome)' 3301 E~t T~m~arni Tra~l Buildins "F", 8th Floor N~pl~, Florida 34] 12 Any ~a~r~lrnent~, ~lte. n~tioms, vm-i~tions, modific~orm or w~ive~$ of provi~ion~ of' thi~ Agreement ~11 only be v~lid when they have been r~!uced to writing, duly signed by both pmi~ bemo, ~ m~ched to the origirml ofthi~ Agre..meat. W~iv~r by eiOgr p~rty of the bre~ch by the othe~ p~'ty of ~ny provi~io~ of this Agreeagat 8hall not be deem~ a w~iv~r of' ~ny other or ~ub~quent bre~.hes grid ~MIi not be co~t~ to be, modiflc~tion of the terms of this Agreement. IN WITNESS WHEREOF, th~ p~tics, through their duly authorized rc~pre~ental~vcs, have cxecutcd this Agreenamt on ~e d~e~ set forth DATED: ATTEST: ... ' D (a-rr E. mtoc CLF. % <'~ .' '. o ~ ~-" ,~'4~' ,'~' BOARD OF COUNTY COMMlSSIONERS OF COLLIER COUNTY, ELOPJDA c~:9I 66~ 9I d~ 80d WITNESSES: THE COLLIER COUNTY LEGAL AID SOCIETY, INC. d/b/~/THE LEGAL AID SOCIETY OF COLLIER COUNTY, a Florida not-for-profit corporation fdl Burzyn~ki, President (corporate seal) ~ lu/~l~e. acy u to Collier 90:9T 66, 9T d~ 60d S/.LR ,'.,~e:iOlJU ,,,1i',igO~) .'.'.'.'.'.'.'.'.'.~TF_.Ot"L,.LTr'GT 16J OI)e~ting ~G)enses $ OIl~l Out~y S Tmn.N'~ S Filing F84 In(emst/ldlscelli n ~o us Cany Fo~mrd S Rewind4 R~e $ FY 9&'9g F*or~ Exp~v $ $ $ $ 121,96g F¥ $ $ S $ $ $ 121,~9 $ $ $ 121, Kg 74,900 100,500 $ 100,500 $ $oo $ 5oo $ $ 2B,o69 $ - $ $ s (s, loo) N/A N/A ~, NVA N/A N/A N/A EXHIBIT "A" 66, 9T COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVEP, TISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Public Hearing x Normal legal Advertisement ['-']Other: (Display Adv., location, etc.) Originating Dept/Div: OMB Person: Mike Smykowski Date: 9/16/99 Petition No. (If none, give brief description): Collier County, Florida Proposes ~Amend its Fiscal Year 1998-99 Adopted Budget Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (l£more space is needed, attach separate sheet) Hearing before: X~-~ BZA Other ~ Requested Hearing date: (Based on advertisement appeari 2~~pt~ Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Notice of Public Hearing, Collier County, Florida Proposes to Amend Its Fiscal Year 1998-99 Adopted Budget Companion petition(s), if any & proposed hearing date: lD~)~2~advertising cost? [] Yes [] No If Yes. what account should be charged for advertising costs' 00~- Reviewed by: Division Administrator or Designee Date List Attachments: Notice of Public Hearing DI TS RIBUTIONINSTRU TIONS mo For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County bIanager. Note: If legal document is involved, be sure that an.,,' necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute cop. ies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE O~NL~: COUNTYOFCOLLIER 1 / NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1998-99 ADOPTED BUDGET All interested parties are invited to attend a public heating on this matter to be held on September 28, 1999, at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Pamela S. Mac'Kie, Chairwoman Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 99-015 136 99-018 320 Golden Gate Beautification MSTU PURPOSE: To appropriate carry forward to complete construction of landscaped medians on CR 951. Clam Bay Restoration PURPOSE: To recognize balance of developer contribution toward the Clam Bay Restoration Project. $233,442 $116,200 $436,492 $1,620,926 99-023 491 99-039 123 EMS Trust Fund PURPOSE: To recognize carry forward to purchase protective clothing. Services for Seniors PURPOSE: To recognize grant funds for in-home services for low income, elderly County residents. $123,396 $7,264 $427,921 $372,723 Budget Amend. No. Fund NO. Fund Title 17A Change Amount Fund Total 99-040 99-053 99-054 99-057 99-058 99-063 99-072 99-077 123 Services for Seniors PURPOSE: To recognize grant funds for in-home services for low income, elderly County residents. $1,150 602 Confiscated Trust Fund PURPOSE: To recognize carryforward as matching funds for the D.U.I. Enforcement Project. $28,400 115 Sheriffs Grants PURPOSE: To recognize grant and required matching funds for the D.U.I. Enforcement Project. $56,800 602 Confiscated Trust Fund PURPOSE: To appropriate carry- forward for crime prevention costs. $10,500 602 Confiscated Trust Fund PURPOSE: To appropriate carry- forward for the purchase of data processing equipment. $40,767 681 Courts Administration PURPOSE: To begin and maintain "House Arrest" residential electronic monitoring program. $25,200 325 Water Management-CIP PURPOSE: To appropriate carry- forward to complete Stormwater Management projects. $330,000 ooi General Fund PURPOSE: To begin and maintain "House Arrest" residential electronic monitoring program. $67,200 $373,873 $252,392 $666,807 $262,892 $303,659 $3,235,800 $3,274,410 $129,249,070 99-078 99-080 116 080 Miscellaneous Grants PURPOSE: To provide funds for automation of Criminal Court Case Records. Supervisor of Elections PURPOSE: To pay for improvements to warehouse facility. $249,821 $16,650 $302,621 $1,343,550 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-081 99-082 99-083 99-086 99-087 99-088 99-090 99-100 9%101 495 108 114 313 331 412 115 414 412 Airport Authority PURPOSE: To fund airport marketing program supported with TDC funds. Clean-up & Restoration PURPOSE: To recognize additional grant funds for administration of sites contaminated by petroleum products. Pollution Control & Prevention Dept. PURPOSE: To recognize administra- tive reimbursements associated with the remediation of sites contaminated by petroleum products. Gas Tax PURPOSE: To appropriate carry- forward funds for Airport-Pulling Road Bridge Project. Road Impact Fee District 1 PURPOSE: To appropriate carry- forward for Airport-Pulling Road Bridge Project. Water Capital PURPOSE: To appropriate carry- forward for Airport-Pulling Road Bridge Project. Sheriffs Grants PURPOSE: All Sheriffs Grants/Match should be budgeted in Fund 115, with any match being recorded as a transfer from Fund 602 to 115. County Sewer Capital Projects PURPOSE: To recognize carryforward for Rookery Bay Services. County Water Capital Projects PURPOSE: Recognize revenues from $200,000 Aquifer Storage & Recovery System Grant. $89,985 $53,697 $53,697 $799,529 $50,541 $129,827 $40,767 $1,500,000 $200,000 $1,459,124 $941,722 $1,680,042 $27,861,670 $12,855,083 $11,968,982 $707,574 $12,004,794 $12,168,982 Budget Amend. No. Fund No. Fund Title 17 Change Amount Fund Total 99-116 99-118 99-125 99-129 99-132 99-133 99-134 99-135 99-140 99-143 040 602 313 151 123 123 123 123 001 681 Sheriff PURPOSE: To appropriate General Fund transfer to complete the Sheriffs Year 2000 compliance conversion contract. Sheriffs Confiscated Trust Fund PURPOSE: To appropriate confiscated property proceeds to purchase specialized communications equipment. RoadConstruction Gas Tax PURPOSE: To appropriate contributions received for Foxfire/Kings Way and Curling Avenue traffic calming. Sabal Palm Roadway Extension PURPOSE: To appropriate carryforward for engineering work order. Services For Seniors PURPOSE: To provide in-home services for low income, frail, elderly residents. Services For Seniors PURPOSE: To provide in-home nutrition services for low income, frail, elderly residents. Services For Seniors PURPOSE: To provide nutrition services for low income, frail, elderly residents. Services For Seniors PURPOSE: To provide in-home services such as case management and homemaking services. General Fund PURPOSE: To recognize grant funds to replenish supplies that were expended during Hurricane Georges. Court Administration PURPOSE: To accept Article V grant for Court Reporter expenses. $212,419 $8,355 $4,650 $42,200 $2,621 $22,039 $20,534 $164,497 $855 $19,496 $56,412,319 $312,014 $27,866,320 $74,100 $376,494 $398,533 $419,067 $583,564 $129,249,925 $3,255,296 Budget · Amend. No. Fund No. Fund Title Change Amount Fund Total 99-147 99-148 99-149 99-150 9%151 9%172 99-194 99-196 99-201 99-202 99-203 99-204 99-205 99-206 99-207 99-208 116 Miscellaneous Grants PURPOSE: To recognize additional grant funds to be used for volunteer recognition. 116 Miscellaneous Grants PURPOSE: To recognize carryforward for volunteer recognition efforts. 190 ADA Improvements PURPOSE: To recognize revenues from the snack bar to meet staffs ADA requirements. 114 Pollution Control PURPOSE: To appropriate revenue to fulfill contract with the South Florida Water Management District. 652 Legal Aid Society Trust Fund PURPOSE: To establish Legal Aid Society budget funded by filing fees. 496 Airport Capital PURPOSE: To appropriate grants for airport capital projects. 496 Airport Capital PURPOSE: To appropriate grant funds to cover mangrove clearing expenses. 496 Airport Capital PURPOSE: To recognize in-kind services provided by the FDOC. 313 331 333 334 336 338 339 340 Gas Tax Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee District 1 District 2 District 4 District 6 District 8 District 9 Road Impact Fee District 10 PURPOSE: To appropriate carryforward for road projects and/or adjust reserves. $ ! ,600 $4,100 $2,415 $45,000 $94,900 $189,000 $33,000 $16,000 $3,902,379 $2,236,517 $404,580 $503 $791,530 $575,770 $20,221 $1,932 $304,221 $308,321 $29,665 $1,725,042 $94,900 $6,806,541 $6,839,541 $6,855,541 $31,769,059 $15,091,160 $8,117,753 $1,838,053 $5,318,178 $2,833,905 $695,521 $47,032 Budget Amend. NO. Fund No. Fund Title Change Amount Fund Total 99-210 99-214 99-219 99-232 99-233 99-237 99-240 99-243 99-244 99-246 001 138 190 602 115 ooi 111 OOl 602 144 General Fund PURPOSE: To use State Aid to Library to upgrade Vax Server. Naples Production Park MSTU PURPOSE: To recognize transfer to offset loss of assessment revenue due to parcel being declared exempt. ADA Improvements PURPOSE: To appropriate carryforward for handicap improvements at the County Courthouse Confiscated Trust Fund PURPOSE: To appropriate carryforward as matching funds for the COPS MORE '98 grant. Sheriffs Grants PURPOSE: Recognizes transfer used as COPS MORE '98 matching funds. General Fund PURPOSE: To recognize insurance losses in order to replace damaged Parks items, as well as private donations received. Unincorporated Area General Fund PURPOSE: To appropriate a transfer from the Community Development Fund to provide for a Principal Planner position. General Fund PURPOSE: To pay higher commission to auctioneer due to more gross revenues generated from the County surplus auction. Confiscated Trust Fund PURPOSE: To appropriate carryforward as matching funds for the STOP Violence Against Women grant. Isles of Capri Fire Department PURPOSE: To appropriate carryforward for the purchase of replacement outboard motors. $48,637 $24,684 $9,426 $135,000 $135,000 $10,212 $31,000 $32,900 $30,375 $9,000 $129,298,562 $33,184 $39,091 $447,014 $842,574 $129,308,774 $12,989,775 $129,341,674 $477,389 $215,700 Budget Amend. NO. Fund NO. Fund Title Change Amount Fund Total 9%252 99-254 99-266 99-269 99-270 99-271 99-272 99-274 99-281 156 192 101 495 496 496 495 126 001 Immokalee Beautification MSTU PURPOSE: To appropriate carryforward and an interfund transfer to fund the completion of the SR29 landscape improvements. $160,000 Public Guardianship $10,000 PURPOSE: To recognize a transfer from Court Administration needed due to a shortfall in filing fees. Road and Bridge PURPOSE: To recognize settlement proceeds received to purchase equipment and office furniture. $94,322 Airport Authority PURPOSE: To purchase additional fuel needed to meet the increased demand at the Marco Island Executive Airport. $108,900 Airport Capital PURPOSE: To recognize grant funds to conslruct a T-Hangar. $41,000 Airport Capital PURPOSE: To recognize carryforward and grant revenues to construct t-hangars at the Marco Island Executive Airport. $220,000 Airport Authority PURPOSE: To recognize land lease revenue for minor operating costs and to replenish reserves. $23,900 Metropolitan Planning Organization PURPOSE: To appropriate General Fund transfer for Transportation Disadvantaged services. $140,000 General Fund PURPOSE: To appropriate reimbursement revenue for special service work performed by maintenance personnel. $34,000 $423,815 $70,9OO $8,429,345 $1,568,024 $6,896,541 $7,116,541 $1,591,924 $656,275 $129,375,674 Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 99-289 517 99-292 001 99-295 431 99-297 496 99-304 301 99-305 188 99-307 491 99-313 470 99-314 470 99-318 123 Group Health and Life PURPOSE: To recognize additional health billings to pay insurance claims. $855,300 General Fund PURPOSE: To recognize contributions for Collier County employee picnic expenses. $1,300 Marco Island Water & Sewer District PURPOSE: To recognize additional sewer revenue received to offset increase Florida Water Services rates for bulk sewage treatment. $29,700 Airport Capital PURPOSE: To appropriate grant revenue for Immokalee Airport capital projects $40,000 Countywide Capital Projects PURPOSE: To appropriate loan proceeds for construction of Sheriffs new Administration Building. $6,500,000 800MHz IRCP $11,000 PURPOSE: To appropriate reimbursement revenue to cover costs for radio system testing, radio purchases, and maintenance costs. EMS Trust Fund PURPOSE: To appropriate EMS grant revenue to purchase physical fitness equipment and fund bonus pay program. $11,934 Solid Waste Administration PURPOSE: To appropriate Immokalee landfill tipping fee revenue to cover landfill contract payments. $70,000 Solid Waste Administration PURPOSE: To appropriate Naples landfill tipping fee revenue to cover landfill contract payments. $1,330,400 Services for Seniors PURPOSE: To appropriate Home Care for the Elderly grant revenue. $29,440 $7,227,300 $129,376,974 $976,800 $7,156,541 $21,952,589 $1,076,100 $439,855 $25,110,628 $26,441,028 $613,004 :1.7/'-',, Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-319 99-320 99-323 99-324 99-339 99-344 99-361 99-377 99-378 99-384 123 123 126 126 410 115 602 193 198 111 Services for Seniors PURPOSE: To provide respite case manage- ment services for elderly Alzheimer's patients as funded by grants. Services for Seniors PURPOSE: To appropriate General Fund transfer and grant revenue for the Home Care for the Elderly program. Metrqpolitan Planning PURPOSE: To establish MPO Planning Program Budget for State Fiscal Year, July 1, 1999 - June 30, 2000. Metropolitan Planning PURPOSE: To establish MPO Planning Program Budget for State Fiscal Year. Water/Sewer Debt Service PURPOSE: To refund the Series 1991 and 1992 Bonds. Sheriffs Grants PURPOSE: To fund the STOP Violence Against Women Program funded by grants and confiscated property proceeds. Confiscated Trust Fund PURPOSE: To recognize carryforward and confiscated property proceeds to fund technical equipment and increase reserves. Tourist Development PURPOSE: To recognize additional tourist tax proceeds to transfer to the museum. Museum Fund PURPOSE: To recognize transfer of additional tourist tax proceeds and FEMA reimbursement. MSTD General Fund PURPOSE: To appropriate reimbursement revenue from the City of Marco Island for road patrols. $505 $272,253 $428,600 $54,200 $29,535,500 $121,500 $208,513 $2,400 $3,398 $800,000 $613,509 $585,762 $1,084,875 $1,139,075 $63,592,897 $964,074 $685,902 $2,085,158 $447,098 $13,789,775 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-385 99-400 99-403 99-405 99-409 99-414 99-416 99-424 99-428 040 117 OOl 111 ooi 612 517 119 113 Sheriff PURPOSE: To fund costs of road patrol service to the City of Marco Island. Natural Resources Grants PURPOSE: To print and mail out County's Exotic Plant Brochure. General Fund PURPOSE: To appropriate contributions for landscaping and other improvements at Vineyards Community Park. MSTD General Fund PURPOSE: To appropriate insurance proceeds to remove a vandalized trailer and repair the area. General Fund PURPOSE: To appropriate reimbursement revenues for special services provided by maintenance personnel. Library Trust Fund PURPOSE: To appropriate private contributions for purchase of computer equipment and participation in Gates Learning Foundation. Risk-Group Health & Life PURPOSE: To appropriate transfer from the Worker's Compensation Fund to pay a higher number of health insurance claims than anticipated. Parks & Recreation Grant PURPOSE: To appropriate Summer Food Service Program grant reimbursement for increased program needs. Community Development PURPOSE: To appropriate fire plan review fees to reimburse North Naples Fire District for fire plan review services. $800,000 $i,100 $29,200 $16,347 $36,200 $58,581 $500,000 $55,500 $60,000 $57,212,319 $73,800 $129,406,174 $13,806,122 $129,442,374 $99,481 $8,582,600 $278,000 $15,179,352 Budget · Amend. NO. Fund No. Fund Title Change Amount Fund Total 99429 410 County Water/Sewer Debt Service PURPOSE: To appropriate State Revolving Fund loan proceeds for interfund transfer. $1,281,700 $64,874,597 99434 040 Sheriff PURPOSE: To fund unanticipated expenses in the Sheriff's office. $840,510 $58,052,829 99-443 414 County Sewer Capital Projects PURPOSE: To appropriate interfund transfer from State Revolving Fund loan proceeds. $1,018,000 $14,522,794 99-446 123 Services for Seniors PURPOSE: To appropriate additional Medicaid waiver reimbursement revenue. $21,000 $906,762 September 20, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing for Proposal to Amend Fiscal Year 1998-99 Adopted Budget Dear Pam: Please advertise the above on Sunday, September 26, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Arlene J. Baker Deputy Clerk Enclosure Please charge account #001-10152-649100 I~ ,m'rn CC~Z~) Arlene Baker 17A NAPLES DAILY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier, Before the undersigned they serve as the authority, personally appeared B. Lamb. who on oath says that they serve as the Assistant Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; that the artached copy of the advertising, being a PUBLIC NOTICE in the matter of NOTICE OF PUBLIC HEARING was published in said newspaper I times in the issue starting on 09/26/99 Affirm ~rlhcr says that the said Naples Daily News is Ii newspaper published at N~ples, in s~id Collier Coumy, Florid~ ~d ~t ~e s~id newsp~r h~ heretofore ~en ~ntinuou~y publis~d in ~id Collier Count. Fl~id~ e~ d~y ~d h~ ~cn m~ ~ sc~nd cl~s ~il manor ~ the ~t off,~ in N~lcs, in s~id ~11icr C~, ~orid~ For a ~riod of I yc~ next prcgding ~he tint ~blicar~n of~c i~c~ copy of ~vcnisc~nl~ ~d ~ffi~ ~r ssys ~ hc h~ nei~cr psid nor promised ~y person, fi~ or ~rAlion iny di~ounl. mb~m, ~mmission or rcf~d for ~he pu~sc or.curing ~is advefli~r pu~ l~ said ncwspa~r ( SignatUre of affiant) Sworn to and subscribed before me this 28th day of September, 1999 (Signature of notary public) f?:'..';'": ..... ChaneJ A McDonald "~'~]i?. MYCOMMISSION I CC850/52 EXPIRES ~%~;~...k,-,~ir/~n~ 79. 2oo~ "'o ,i,,,, "'~O~D{g THgt. J T~'CY F,~N INSL,~NC~. INC COUNTY O :'NOTICE OF.PU COLLIER COUNTY, FLORIDA PROPOSES TO AM All interested parties are invited to attend a pub c lear ng off th s matter to be held on Se Floor, Adm histrat on Building. Collier County Government Center, 3301 Tamiami Trai A copy of the proposed Budget Amendment Resolutions and background material will be a¥ Management and Budget, 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk ~o ~plg~dt Vn Sa~ Ill PURJ'O~t: To ,~a~ropt'~Bat Gertend Fu~ct S707~74 9g-2a6 14.4IJl~ or Capd ri~ ~ Sinday, September 26, 1999 COLLIER HEARING, : ID ITS FISCAL YEAR 1998-99 ADOPTED BUDGET 1999, at 9:00 AM or soon thereafter, in t~c County Commissioncr's Boardroom. 3rd ,les, Florida. fgr public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Board of County Commissioners, Collier County Florida Pamela S. Mac'Kie, Chairwoman S9.426 $J9,091 S26,44 I.O'JI L~rars 99-403 001 C.m~ea~ lt,.and ~2'~,~00 SI 2~,4~174 -e. eptembev 26. i9~ RESOLUTION NO. 99-BAR-I A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND TIlE BUDGET FOR THE 1998/99 FISCAL YEAR. 17A WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time wilhin a fiscal year may amend a budget for that year. and provides the procedures therefor; and WItEREAS. the Board of County Commissioners of Collier County. Florida, has received copies of budget amendments which provide for but are no~ limited to: anticipated carry forward, unanticipated revenue. and/or receipts of a nature from a source not anticipated in the budget and received for a particular purpose; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS. the Board has determined that it is appropriate to amend the Budget for Fiscal Year 1998/99 by resolution pursuant to Seelion 129.06, Florida Statutes. NOW, TttEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the budget amendments Io the 1998/99 FY Budget described below are approved and hereby adopted and the 1998/99 FY Budget is so amended. INCREASE (DECREASE) CARRY FOR WARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND {DECREASE) (DECREASE) {DECREASE) INTERFUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS FUND 136 99-015 233,442 320 99-018 116,200 491 99-023 123.396 123 99-039 7,264 123 99-040 1,150 602 99-053 28,400 115 99-054 28.400 28.400 602 99-057 10,500 602 99-058 40,767 681 99-063 25,200 325 99-072 260,000 70,000 001 99-077 67,200 116 99-078 249,821 080 99-080 16,650 495 99-081 89,985 108 99-082 53.697 114 99-083 53,697 313 99-086 799,529 215,000 239,200 123.396 7,264 1,150 56,800 10,500 40,767 25,200 222,600 249,821 16,650 109.267 40.500 799,529 18,442 (123,000) 107,400 42,000 (19,282) 13.197 28.400 25,200 53.697 FUND BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD OR INCREASE INTERFUND (DECREASE) TRANSFERS 17/1 INCREASE INCREASE INCREASE (DECREASE) (DECREASE) (DECREASE) INTERFUND RECEIPT EXPENDITURE RESERVES TRANSFERS 331 99-087 50,541 50,541 412 99-088 129,827 129,827 115 99-090 40,767 40.767 414 99-100 1.500.000 1,500.000 412 99-101 200,000 040 99-116 212,419 212.419 602 99-118 8,355 8,355 313 99.125 4,650 4.650 151 99-129 42.200 42,200 123 99-132 2,621 2.621 123 99-I33 22,039 22,039 t23 99-134 20,534 20,534 123 99-135 164,497 t64,497 140 99-140 855 855 681 99-143 19.496 19,496 116 99-147 1,600 1,600 116 99-148 1,600 2,500 2,940 190 99-149 2,415 2,415 114 99.150 45,000 45,000 652 99-151 94,900 94,900 496 99-172 189.000 189,900 496 99-194 33.000 36,667 496 99-196 16,000 16,000 313 99-201 3,902,739 1,493,301 331 99-202 2,236,517 2,179.935 333 99-203 404,580 1.021,263 334 99.204 503 17,320 336 99-205 791.530 338 99-206 575,770 258,914 339 99-207 20.221 340 99-208 1,932 001 99-210 48,637 48,637 138 99-214 24,684 24,684 190 99-219 9,426 20,507 200,000 1,160 (3,667) 2,409,438 56,582 (6i6.683) (16,817) 791,530 316.856 20,221 1,932 {11,081) FUND BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD OR INCREASE INTERFUND (DECREASE} TRANSFERS INCREASE INCREASE INCREASE {DECREASE) {DECREASE) (DECREASE) INTERFUND RECEIPT EXPENDITURE RESERVES TRANSFERS 602 115 0131 III 001 602 144 156 192 I01 495 496 496 495 126 OOI 517 001 431 496 301 188 491 470 470 123 123 123 126 126 410 115 602 193 198 99.232 99-233 99-237 99.240 99-243 99.244 99.246 99-252 99-254 99-266 99-269 99-270 99-271 99-272 99-274 99-281 99-289 99-292 99-295 99.297 99-304 99-305 99-307 99-313 99-314 99-318 99-319 99-320 99-323 99.324 99-339 99-344 99-361 99-377 99-378 135,000 135,000 135.000 10,212 10.212 31,000 41,400 (10,400) 32,900 7.000 25.900 30.375 9,000 22,150 113.150} 160,000 185,000 (25.000) I0,000 lO,000 94.322 45.000 49,322 108,900 64.800 44.100 41,000 41,000 110,000 110,000 220,000 23,900 5,700 18.200 140,000 140,O00 34.000 34,000 855,300 1,100.000 (244,700) 1,300 1,525 (225) 29.700 29,700 40,000 50,000 (10,000) 6,500.000 6,500,000 I1,000 37,100 {27,000} 11.934 ll.934 70,000 70,000 1,330,400 1,330,400 29,440 29,440 505 505 272.253 272,253 428.600 428.600 3.700 54,200 57,900 29.535,500 30,093,400 (557.900} 30.375 91.125 121,500 114,433 94,080 7,700 200,813 2,400 2.400 998 3,398 3 135,000 30,375 2.400 FUND INCREASE (DECREASE) CARRY FORWARD BUDGET OR INCREASE INCREASE AMENDMENT INTERFUND (DECREASE) (DECREASE) NUMBERS TRANSFERS RECEIPT EXPENDITURE INCREASE INCREASE (DECREASE) (DECREASE) INTERFUND RESERVES TRANSFERS III 99-384 800.000 040 99-385 800,000 800,000 117 99-400 1,100 1.100 001 99-403 29,200 20.200 Ill 99-405 16,347 16,347 OOI 99-409 36,200 36.200 612 99-414 58,581 58,581 517 99-416 500,000 500.000 119 99-424 55,500 55,500 113 99-428 60.000 60,000 410 99-429 1.281,700 040 99-434 840,510 840.510 414 99-443 1,018,000 123 99-446 21,000 21,000 800,000 263,700 1.018,000 1.0{8,000 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolulion in full among the minutes of this meeting for permanent record in his office. This Resolution adopted afier motion. second and majorit)' vole favoring same. .:"DWI.GHT E. BROCK, Clerk Approved as to form and legal sufficiency: Collier County Anorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRWOMAN COUNTY OF COLLIER I }/' NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1998-99 ADOPTED BUDGET All interested parties are invited to attend a public; hearing on this matter to be held on September 28, 1999, at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2rid Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Pamela S. Mac'Kie, Chairwoman Budget Amend. Fund No. No. Fund Title Change Fund Amount Total 99-015 136 99-018 320 Golden Gate Beautification MSTU PURPOSE: To appropriate carry forward to complete construction of landscaped medians on CR 951. Clam Bay Restoration PURPOSE: To recognize balance of developer contribution toward the Clam Bay Restoration Project. $233,442 $436,492 $116,200 $1,620,926 99-023 491 99-039 123 EMS Trust Fund PURPOSE: To recognize carry forward to purchase protective clothing. Services for Seniors PURPOSE: To recognize grant funds for in-home services for low income, elderly County residents. $123,396 $427,921 $7,264 $372,723 Budget Amend. No. Fund No. Fund Title 17A Change Amount Fund Total 99-040 99-053 99-054 99-057 99-058 99-063 99-072 99-077 123 602 115 6O2 602 681 325 001 Services for Seniors PURPOSE: To recognize grant funds for in-home services for low income, elderly County residents. $1,150 Confiscated Trust Fund PURPOSE: To recognize carryforward as matching funds for the D.U.I. Enforcement Project. $28,400 Sheriffs Grants PURPOSE: To recognize grant and required matching funds for the D.U.I. Enforcement Project. $56,800 Confiscated Trust Fund PURPOSE: To appropriate carry- forward for crime prevention costs. $10,500 Confiscated Trust Fund PURPOSE: To appropriate carry- forward for the purchase of data processing equipment. $40,767 Courts Administration PURPOSE: To begin and maintain "House Arrest" residential electronic monitoring program. $25,200 Water Management-CIP PURPOSE: To appropriate carry- forward to complete Stormwater Management projects. $330,000 General Fund PURPOSE: To begin and maintain "House Arrest" residential electronic monitoring program. $67,200 $373,873 $252,392 $666,807 $262,892 $303,659 $3,235,800 $3,274,410 $129,249,070 99-078 99-080 116 080 Miscellaneous Grants PURPOSE: To provide funds for automation of Criminal Court Case Records. Supervisor of Elections PURPOSE: To pay for improvements to warehouse facility. $249,821 $16,650 $302,621 $1,343,550 Budget Amend. No. Fund NO. Fund Title Change Amount Fund Total 99-081 99-082 99-083 99-086 99-087 99-088 99-090 99-100 99-101 495 108 114 313 331 412 115 414 412 Airport Authority PURPOSE: To fund airport marketing program supporled with TDC funds. Clean-up & Restoration PURPOSE: To recognize additional grant funds for administration of sites contaminated by petroleum products. Pollution Control & Prevention Dept. PURPOSE: To recognize administra- tive reimbursements associated with the remediation of sites contaminated by petroleum products. Gas Tax PURPOSE: To appropriate carry- forward funds for Airport-Pulling Road Bridge Project. Road Impact Fee District 1 PURPOSE: To appropriate carry- forward for Airport-Pulling Road Bridge Project. Water Capital PURPOSE: To appropriate carry- forward for Airport-Pulling Road Bridge Project. Sheriffs Grants PURPOSE: All Sheriff's Grants/Match should be budgeted in Fund 115, with any match being recorded as a transfer from Fund 602 to 115. County Sewer Capital Projects PURPOSE: To recognize carryforward for Rookery Bay Services. County Water Capital Projects PURPOSE: Recognize revenues from $200,000 Aquifer Storage & Recovery System Grant. $89,985 $53,697 $53,697 5799,529 S50,541 $129,827 $40,767 $1,500,000 $200,000 $1,459,124 $941,722 $1,680,042 527,861,670 $12,855,083 $11,968,982 $707,574 $12,004,794 $12,168,982 Budget Amend. No. Fund No. Fund Title Change Amount I Fund Total 99-116 040 S h eri ff PURIDOSE: To appropriate General Fund transfer to complete the Shcrif?s Year 2000 compliance conversion contract. $212,419 $56,412,319 99-118 602 Sherif?s Confiscated Trust Fund PURPOSE: To appropriate confiscated property proceeds to purchase specialized communications equipment. S8,355 $312,014 99-125 313 Road Construction Gas Tax PURPOSE: To appropriate contributions received for Foxfire/Kings Way and Curling Avenue traffic calming. $4,650 $27,866,320 99-129 151 Sabal Palm Roadway Extension PURPOSE: To appropriate carryfonvard for engineering work order. $42,200 $74,100 99-132 123 Services For Seniors PURPOSE: To provide in-home services for low income, frail, elderly residents. $2,621 $376,494 99-133 123 Services For Seniors PURPOSE: To provide in-home nutrition services for low income, frail, elderly residents. $22,039 $398,533 99-134 123 Services For Seniors PURPOSE: To provide nutrition services for low income, frail, elderly residents. S20,534 $419,067 99-135 123 Services For Seniors PURPOSE: To provide in-home services such as case management and homemaking services. 64,497 $583,564 99-140 001 General Fund PURPOSE: To recognize grant funds to replenish supplies that were expended during Hurricane Georges. $855 $129,249,925 99-143 681 Court Administration PURPOSE: To accept Article V grant for Court Reporter expenses. $19,496 $3,255,296 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-147 99-148 99-149 99-150 99-151 99-172 99-194 99-196 99-201 99-202 99-203 99-204 99-205 99-206 99-207 99-208 116 116 190 114 652 496 496 496 313 331 333 334 336 338 339 340 Miscellaneous Grants PURPOSE: To recognize additional grant funds to be used for volunteer recognition. Miscellaneous Grants PURPOSE: To recognize carryforward for volunteer recognition efforts. ADA Improvements PURPOSE: To recognize revenues from the snack bar to meet stafPs ADA requirements. Pollution Control PURPOSE: To appropriate revenue to fulfill contract with the South Florida Water Management District. Legal Aid Society Trust Fund PURPOSE: To establish Legal Aid Society budget funded by filing fees. Airport Capital PURPOSE: To appropriate grants for airport capital projects. Airport Capital PURPOSE: To appropriate grant funds to cover mangrove clearing expenses. Airport Capital PURPOSE: To recognize in-kind services provided by the FDOC. Gas Tax Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact Fee Road Impact PURPOSE: To for road projects District I District 2 District 4 District 6 District 8 District 9 Fee District 10 appropriate carryforward and/or adjust reserves. $1,600 $4,100 $2,415 $45,000 $94,900 $189,000 $33,000 $16,000 $3,902,379 $2,236,517 $404,580 $5O3 $791,530 $575,770 $20,221 $1,932 $304,221 $308,321 $29,665 $1,725,042 $94,900 $6,806,541 $6,839,541 $6,855,541 $31,769,059 $15,091,160 $8,117,753 $1,838,053 $5,318,178 $2,833,905 $695,521 $47,032 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-210 99-214 99-2 ! 9 99-232 99-233 99-237 99-240 99-243 99-244 99-246 OOl 138 190 602 115 001 I11 OOl 602 144 General Fund PURPOSE: To use State Aid to Library to upgrade Vax Server. Naples Production Park MSTU PURPOSE: To recognize transfer to offset loss of assessment revenue due to parcel being declared exempt. ADA Improvements PURPOSE: To appropriate carryforward for handicap improvements at the County Courthouse Confiscated Trust Fund PURPOSE: To appropriate carryforward as matching funds for the COPS MORE '98 grant. Sheriffs Grants PURPOSE: Recognizes transfer used as COPS MORE '98 matching funds. General Fund PURPOSE: To recognize insurance losses in order to replace damaged Parks items, as well as private donations received. Unincorporated Area General Fund PURPOSE: To appropriate a transfer from the Community Development Fund to provide for a Principal Planner position. General Fund PURPOSE: To pay higher commission to auctioneer due to more gross revenues generated from the County surplus auction. Confiscated Trust Fund PURPOSE: To appropriate carryforward as matching funds for the STOP Violence Against Women grant. Isles of Capri Fire Department PURPOSE: To appropriate carryforward for the purchase of replacement outboard motors. $48,637 $24,684 $9,426 $135,000 $I 35,000 $10,212 $31,000 $32,900 $30,375 $9,000 $129,298,562 $33,184 $39,091 $447,014 $842,574 $129,308,774 $12,989,775 $129,341,674 $477,389 $215,700 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-252 99-254 99-266 99-269 99-270 99-271 99-272 99-274 9%281 156 192 lol 495 496 496 495 126 001 Immokalee Beautification MSTU PURPOSE: To appropriate carryforward and an interfund transfer to fund the completion of the SR29 landscape improvements. $160,000 Public Guardianship $10,000 PURPOSE: To recognize a transfer from Court Administration needed due to a shortfall in filing fees. Road and Bridge PURPOSE: To recognize settlement r~roceeds received to purchase equipment and office furniture. $94,322 Airport Authority PURPOSE: To purchase additional fuel needed to n-met the increased demand at the Marco Island Executive Airport. $108,900 Airport Capital PURPOSE: To recognize grant funds to construct a T-Hangar. $41,000 Airport Capital PURPOSE: To recognize carryforward and grant revenues to construct t-hangars at the Marco Island Executive Airport. $220,000 Airport Authority PURPOSE: To recognize land lease revenue for minor operating costs and to replenish reserves. $23,900 Metropolitan Planning Organization PURPOSE: To appropriate General Fund transfer for Transportation Disadvantaged services. $140,000 General Fund PURPOSE: To appropriate reimbursement revenue for special service work performed by maintenance personnel. $34,000 $423,8 i 5 $70,9OO $8,429,345 $1,568,024 $6,896,541 $7,116,541 $1,591,924 $656,275 $129,375,674 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-289 99-292 99-295 99-297 99-304 99-305 99-307 99-313 99-314 99-318 517 ooi 431 496 301 188 491 470 470 123 Group Health and Life PURPOSE: To recognize additional health billings to pay insurance claims. $855,300 General Fund PURPOSE: To recognize contributions for Collier County employee picnic expenses. $1,300 Marco Island Water & Sewer District PURPOSE: To recognize additional sewer revenue received to offset increase Florida Water Services rates for bulk sewage treatment. $29,700 Airport Capital PURPOSE: To appropriate grant revenue for Immokalee Airport capital projects $40,000 Countywide Capital Projects PURPOSE: To appropriate loan proceeds for construction o f Sheri ff's new Administration Building. $6,500,000 800MHz IRCP PURPOSE: To appropriate reimbursement revenue to cover costs for radio system testing, radio purchases, and maintenance costs. $11,000 EMS Trust Fund PURPOSE: To appropriate EMS grant revenue to purchase physical fitness equipment and fund bonus pay program. $11,934 Solid Waste Administration PURPOSE: To appropriate Immokalee landfill tipping fee revenue to cover landfill contract payments. $70,000 Solid Waste Administration PURPOSE: To appropriate Naples landfill tipping fee revenue to cover landfill contract payments. $1,330,400 Services for Seniors PURPOSE: To appropriate Home Care for the Elderly grant revenue. $29,440 $7,227,300 $129,376,974 $976,800 $7,156,541 $21,952,589 ,076,100 $439,855 $25,110,628 $26,441,028 $613,004 Budget Amend. NO. Fund No. Fund Title Change Amount Total 99-319 99-320 99-323 99-324 99-339 99-344 99-361 99-377 99-378 99-384 123 123 126 126 410 115 602 193 198 111 Services for Seniors PURPOSE: To provide respite case manage- ment services for elderly Alzheimer's patients as funded by grants. $505 Services for Seniors PURPOSE: To appropriate General Fund transfer and grant revenue for the Home Care for the Elderly program. $272,253 Metropolitan Planning PURPOSE: To establish MPO Planning Program Budget for State Fiscal Year, July 1, 1999 - June 30, 2000. $428,600 Metropolitan Planning PURPOSE: To establish MPO Planning Program Budget for State Fiscal Year. $54,200 Water/Sewer Debt Service PURPOSE: To refund the Series 1991 and 1992 Bonds. 529,535,500 Sheriffs Grants PURPOSE: To fund the STOP Violence Against Women Program funded by grants and confiscated property proceeds. $121,500 Confiscated Trust Fund PURPOSE: To recognize carryforward and confiscated property proceeds to fund technical equipment and increase reserves. $208,513 Tourist Development PURPOSE: To recognize additional tourist tax proceeds to transfer to the museum. $2,400 Museum Fund PURPOSE: To recognize transfer of additional tourist tax proceeds and FEMA reimbursement. $3,398 MSTD General Fund PURPOSE: To appropriate reimbursement revenue from the City of Marco Island for road patrols. $800,000 $613,509 $585,762 $1,084,875 $1,139,075 $63,592,897 $964,074 $685,902 $2,085,158 $447,098 $13,789,775 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 99-385 99-400 99-403 99-405 99-409 99-414 99-416 99-424 99-428 040 117 OOl 111 OOl 612 517 119 113 Sheriff PURPOSE: To fund costs ofroad patrol service to the City of Marco Island. Natural Resources Grants PURPOSE: To print and mail out County's Exotic Plant Brochure. General Fund PURPOSE: To appropriate contributions for landscaping and other improvements at Vineyards Community Park. MSTD General Fund PURPOSE: To appropriate insurance proceeds to remove a vandalized trailer and repair the area. General Fund PURPOSE: To appropriate reimbursement revenues for special services provided by maintenance personnel. Library Trust Fund PURPOSE: To appropriate private contributions for purchase of computer equipment and participation in Gates Learning Foundation. Risk-Group Health & Life PURPOSE: To appropriate transfer from the Worker's Compensation Fund to pay a higher number of health insurance claims than anticipated. Parks & Recreation Grant PURPOSE: To appropriate Summer Food Service Program grant reimbursement for increased program needs. Community Development PURPOSE: To appropriate fire plan review f~es to reimburse North Naples Fire District for fire plan review services. $800,000 $1,1oo $29,200 $16,347 $36,200 $58,581 $500,000 $55,500 $60,000 $57,212,319 $73,800 S129,406,174 $13,806,122 29,442,374 $99,481 $8,582,600 $278,000 $15,179,352 Budget Amend. No. Fund No. Fund Title 17 Change Amount Fund Total 99-429 410 County Water/Sewer Debt Service PURPOSE: To appropriate State Revolving Fund loan proceeds for interfund transfer. $I,281,700 $64,874,597 99-434 040 Sheriff PURPOSE: To fund unanticipated expenses in the Sheriff's office. $840,510 $58,052,829 99-443 414 County Sewer Capital Projects PURPOSE: To appropriate interfired transfer from State Revolving Fund loan proceeds. $1,018,000 $14,522,794 99-446 123 Services for Seniors PURPOSE: To appropriate additional Medicaid waiver reimbursement revenue. $21,000 $9O6,762 09/03/99 0A:38 FAX 94184.,1_69._~.6~____ .....0OI,I,i'ER CO C,,ONXI[,NITY DP.V COLlAX R COUNTY FLORIDA RZQUX. ST FOR LEGAL ,*~DV~RT1SENG OF PUBLIC ttXARINGS To: Clerk to the !k~rd: l~lease pl~e the foUowi~ as a: [~Onl XXX Normal ]cgsl Adverti~cn~n! [~ Other: ..................... ..... .... ~g V Dry ~~ ~~g P Date: ' . P~n No. Of~, ~v~ b~f ~g~t : P~ ~ P~: ~ · A~):~H~II~ ~r, ~., 3~3 N. T~ Tra~ N~, ~. ~103 N~ & A~ of~y ~s) ~ ~ ~ed by Cl~k'~ ~: (It ~m ~ ~ ne~ n~ ~le ~)~ L. H~ri~ before XXX BCC BZA Ncnb) ~ bc u~ed: (~ ouly ifimp~m~): L~t Att~t~: DISTRIBUTION !]~STR. UCTIOiNS For botFtnp before BCC or lJ2A:: Inifinthq per~n t~ coaq~, one c~y and ob~h INvjsloe Head app~ovd beb~ mbmittlnf t~Counf~Mann~r. ?~ot~. lfle~nJd~t~tmeuf b htvofved, b~mre.~hat any necessaryJejnJ rwJ~w,o~reque~ fot ~ ts submitted to Co~mty Afiorney before mabmlt~ to Couo~ M~naiq]'. TIM Maonj~"f ~ w~J dbdrJb~m ' 7- ORDINANCE NO. 99- 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 NUMBERS 0523N AND 0523S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAl. PROPERTY FROM "PUD" (A PORTION OF SABAL BAY) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HAMILTON tIARBOR PUD, IN ACCORDANCE WITtI AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY, FOR A MARINA LOCATED WITHIN TIlE COLLIER COUNTY JURISDICTION, IN SECTION 23, TOWNSHIP 50 SOUTtt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on November I0, 1956, the Board of' County Commissioners of Collier County, Florida adopted the CDC PUD Ordinance No. 86-77, commonly referred to as the Sabal Bay PUD; and WHEREAS, a portion of the Sabal Bay PUD property is proposed to be developed as a boat storage facility Io be known as the Hamilton Harbor Planned Development; and WHEREAS, approximately 103 acres of the proposed Hamilton Harbor project are located within the jurisdiction of the City of Naples and approximately 21+ acres are located within the jurisdiction of Collier County, Florida; and WHEREAS, on April 13, 1999, the Board of County Commissioners &Collier County entered into an Interlocal Government Agreement with the City of Naples wherein it was agreed that the City would, among other things, adopt a PD Zoning District for the entire Hamilton Harbor project, including the 2 l:t: acres portion thereof situated in Collier County; and WHEREAS, on June 2, 1999, the City of Naples in accordance with the provisions of the aforesaid Interlocal Government Agreement adopted zoning for the entire Hamilton Harbor project including the 21+ acres thereof located within Collier County; and WHEREAS, on August 4, 1999, certain paragraphs of said Interlocal Governmenl Agreement were amended to provide clarification, said amendment being agreed upon by the City and County; and WHEREAS, pursuant to the terms and conditions o'f the Interlocal Government Agreement, as amended, it is necessary for the Board of County Commissioners of Collier County to adopt a PUD fezone that implements and is consistent with the Interlocal Government Agreement, as amended, and the City of Naples' PD Zoning District for the 21± acre portion of the project lying within Collier County; and WHEREAS, George L. Vamadoe, Esquire of Young, van Asscndcrp, Varnadoc & Anderson, P.A., representing Hamilton Harbor, Inc., petitioned the Board of County Corrmaissioncrs of Collier County to change the zoning classification of the herein described real property from "PUD" to "PUD" in accordance with the terms and conditions o£ the PD Zoning Disu'ict adopted by the City of Naples pursuant to the above-referenced Interlocal Government Agreement, as amended; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: ES CrION ONE: REZONE FROM CDC PUB TO HAMILTON HARBOR PUD. The zoning classification of the following described land contained within the existing CDC PUD (Ordinance No. 86-77) and consisting of 2 I± acres, as indicated on Official Zoning Atlas Maps numbered 0523N and 0523S, as described in Ordinance No. 91-102, as amended, is hereby changed from "PUD" to "PUD" in accordance with the City of Naples' PD Zoning Ordinance No. 99-8545 attached hereto and incorporated by reference herein: All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00"006'04" West 2039.29 feet to the Point of Beginning of the parcel herein described; thence continue along said section line in the following two described courses: I) North 00"06'04" West 653.01 feet; 2) North 00X'lYl2" West 305.62 feet; thence leaving said section line North 89~24'52" East 1333.23 feet; thence North 00~32'30" West 30.00 feet; thence North 89"t'24'52" East 50.00 feet; thence South 00"~32'30" East 537.45 feet; thence South 89~29'24" West 916.48 feet; thence South 00'x'06'04" East 453.00 feet; thence South 89'~29'24" West 470.0l feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. The Official Zoning Atlas Maps numbered 0523N and 0523S, as described in Ordinance No. 91- 102, as amended, are hereby amended accordingly. SE I N TWO: ADOPTION AND RATIFICATION OF CITY OF NAPLES' HAMILTON HARBOR PD ZONING ORDINANCE TO COLLIER COUNTY PORTION OF HAMILTON HARBOR PUD. The land use, development and other standards contain~ within the City of Naples' Hamilton Harbor PD Zoning Ordinance (Ordinance No. 99-8545) attached hereto and incorporated by reference herein as Exhibit "A" are hereby adopted, ratified and made applicable to the herein described portion of the Hamilton Harbor PUD consisting of 214- acres and being located in Collier County by the Board of County Commissioners of Collier County. ~ EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Departrnc'nt of State. PASSED AND DULY ADOPTED by the Board of County Comrnissioner~ of Collier County, Flofida~ this __ day of ~, 1999. AWEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Cha/rwoman Approved as to Form and Legal Sufficiency Assistant County Attorney G:',u~r,~",BETSY~WI~XHAMILTON HARBOR~UD REZONE ORDIN^NCE,~:)d Book 112 · Page Agenda Item 15-b Meeting of 6/2/99 ORDINANCE 99-8545 AN ORDINANCE GRANTING PLAN~ED DEVELOPMENT I~ETITION 99-I~ IN ORDER TO REZUNE 124 ACRES LOCA'~u ADJTUiENT TO AND SOUTH AND EAST OF BAXVIEW PARK CONSERVATION TO "PD," P~ DEVELOPMENT, MORE PARTICULARLY HEREIN; AND PRDVIDING AN EFFECTIVE DATE. WH~R~.ASr Collier Enterprises, petitioner and owner, has requested to fezone said property from "C," Conservation to "PD," Planned Development; and following a public hearing, the Planning Advisory Board has considered the recora'nendation of the staff and the public input and has recommended by a vote of 4 to 3 that Rezone Petition 99-R8 be approved; and After considering the recommendation of the Planning Advisory Board and City staff, following a public hearing on the subject, and providing the petitioner an opportunity to speak, the City Council has determ/ned that the petition should be granted; NOW THEREFORE, BE IT ORDA37bIED BY TI{E COUNCIL OF THE CITY OF NAPLES. FLOR/DA: Section 1. That Planned Development Petition 99-R8 is hereby granted, in order to fezone 124 acres located adjacent to and south and east of Bayview Park from "C," Conservation to "PD," Planned Development, more particularly described on the attached Exhibit "A". Section 2. Development shall be in compliance with the standards outlined in the Planned Development Document {Rezone to Planned Development and Conceptual Development and Site Plan Review Application for Hamilton Harbor), attached hereto, with the exception of changes to the a~ached Planned Development Document as follows: The Planned Developmenu Doc=~ent shall be revised to allow a 10-foot high fence alonq the northern property line. Section 3. The approval of Planned Development Petition 99-R8 is subjec~ to the following conditions: The dry boat storage building shall be designed in accordance with Section 2.8 of the Collier County Land Development Code, with the following exceptions as agreed to by the Planning Advisory Board: 2.8.3.4.2 Pedestrian access shall be as shown on the conceptual general development and site plan; 2.8.3.5.2 Building orientation- windows are not required; 2.8.3.5.5 Messing standards - arcades and display windows; 2.8.3.5.7 Detail features; 2.8.3.5.10 Roof treatments; 2.8.3.5.12 Materials and color. .Book I L? · Page Ordinance 99-8545 The developer shall provide at least 5 acres of mangrove wetland mitigation. The location of all mangrove wetland mitigation areas shall be clearly indicated on the specific General Development and Site Plan, which will be reviewed by the Planning Advisory Board. The developer shall include the City of Naples in the process of determining the location of all mangrove wetland m/tigaticn areas. Section 4. The petitioner shall submit to the City Clerk an amended copy of the Planned Development Document which includes changes as noted in Sections 2 and 3 above. Section S. The petitioner shall subm/t to the Planning Department an amended copy of the Planned Development Document which includes changes as noted in Sections 2 and 3 above. Section 6. This ordinance shall take effect i.~mediately upon, and only upon, adoption by the City Council, and the subsequent effective date, of an ordinance adopting Small Scale Com4srehensive Plan Amendment Petition 99-CPA5S3, amending the Future Land Use Map of the Comprehensive Plan, assigning a Waterfront M/xed Use Future Land Use designation to 5.5 acres of the subject property. APPROVED AT FIRST READING THIS 19TH DAY OF MAY, 1999. PASSED AND ADOP'r~uD AT SECOND RE. ADING AND PUBLIC KEAP, ING IN OPEN AND REGLrLAR SESSION OF THE CITY COUNCIL OF TH]5 CITY OF NAPLES, FLOR.IDA T~IS ~K~--DAY OF JUN~, 1999. ~~ Bill Barnett, Mayor Attest: Tara A. Norma~., City Clerk M: \ R£F\COUNCI L\O~D\ 99-8545 Approved as to form and legality: Kenneth B. Cuyler, Cit~torney ted as to accuracy: Planning Director *Please refer Io Rc~olufions and Ordinances Book 112-A for lhe Planned Dc~'clopmcnl Dc~:umcn~ identified in Section 2 as attached. *Please refcr to Supplcmcn~ M~p Drax\'cr 3 for E.xhibits A fitrough D offl~c Plmmed D~'clopmcnt D~:umcnt. Book 112 · Page EXHIBIT "A" (page 1 of 3) Legal Description All that part of Sections 22, 23 and 27, Township 50 South, Range 25 Eask Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 22: 00 _..9 West 2]28.66 thence alon_. the e~t line of said Section 27, South °'"*' .... thence leavin~ said section [inc South 89°32'18" \Vest I_85., 8 fee:: thence North 00027'34" West 33 t.71 fee:: t~enc: northertaffy 8-16.91 fee: along the arc oFa tangential circular cum'e concave to the southeast having a radius 0£800.00 feet through a central angie of 60°59' I9" and being subtended bv a chord which bears North 29052'06" East 307.91 feet to a point of reverse curt'arete: thence nor&eriy 1011.26 feet along ~e at: o£a tangential circular c:rve concave to the northwest having a radius of 750.7.3 feet through a central angle of 77'10'-16" and being subtended b?'a chord u.'hich bears North 21°36'2[" East 956.52 fee:: thence North 16'59'02" Vv'est 450.59 feet: thence Nor'& 50°00'29" East 226.72 feet: t~.ence northeasterly 113..11 fee: along the arc or' a tan,',entiai circular curve concw,'e to the nonhv, es~ having a radius of 150.00 re,': through a c:nrr, at angie o£-13°19'05" and being subtended by a chord v.'hich i::em,'s North 28°26'-13" East !10.75 fee: :o a point of :am.round c:.:rvature: thence northerly 320.89 feet along O.: are of a tangential circziar c:.m,'e concave :o the 'next having a radius of 480.00 feet through a cen,'wai angle of.38°I8'13" and be/n,, subtende~ by a chor~ ~,,hicin bears North 12°21 '57" West .314.9_< fee: :o a point oFre'.'erse curvature: thence northerly 109.67 feet along the arc of a tangential cir:ular cur,,'e concave to the east having radius of 100.00 fee: through a central angie o£ 62~50'20" and being subtended by a chord ,ahich bears North 00°05'54" West 104.26 f'ee: :o a point of reverse car'.'amre: tl':,enc: nonhezsteriy 171.22 fee: along the arc ofa tangentiaI circular cur,'e concave :o the west having a radius of 180.00 feet throuah a central anr, le of 54°.'.0'00" and being suNended b?' a chord '.vhich bees North 04°04' 16" East 164.83 fee:: .-' I0 44 I23.01 d',ence North "'° ' "\Vest thence northwesterly and easterly 197.05 fee: alone :k,e are. of a tangential circular cu~'e c=nca,,'e to the southeast having a radius of 100.00 fee: :hrouzh a central annie ef 112°54'00" and heinz subtended bva chord which bears North 33"16'16" East 166.68 feet: thence Norxh 89°43' 16" East 110.00 feet: t~enc: easteriy and ncr:hv. esteriy '13. I0 fee: ai,an,.z, see arc of a :antemini cir:uiar ::.:rye northwest having a radius or' I00.00 fe:t throu'.:h a c:.".tral antic of I"£~00'00" and b.';n,, sub:ended bv a chord which bears Nc:"th 2S=-:0'16" East I75.01 fee: :o a point o:' reverse car.'ature: thane'-'-~ ~' ':' ' ' ' ' '~" ::er.:iai · ,.., .,,.m.~:..~ and nc~;,,cas:er:v -3.09 so:: a~dn: :,.. arz o:'a ::r..:!:c:dar :::.-. e .:';'no:.'. ¢ .c east ka,.'in: '. radius .::'/0.O0 r'e.-: .t ......:, . . · .......... ~ ::.-.::zi .:'= ::!,.. ,~:'~.;':' 9'20" ,,"" .:::is:-. ~vn:cn =ears Ncm', 12=-'2'2o" East 70.£2 thcnc: North i7:-:'TJC' Ess; ~': -:',', :h:tn::: ,'"~ .... :5' and nc~:;,,~e::'ter!v 'n4 01 :'co: .:'ic::z :::e arc .':'_' :2.~2,:r.::ai .:ir:::i::r :::r'.¢ .:.mc---'~ e :,~ the ',~est hayin,' a radius of 7f.00 the: through a .:enrrz. i ..... ;.' ,.':' '-8 ..... ~" and bein:z .:ulz:ended b~ a ,:hord ~n;c:: nears N, ..... tO"IS' so" %\'¢Sl ~--._, :'c.::: then.:a Eouth S9:_-:4'i i" \\'¢st ji) 00 Book 11~l · Page. thence westerly and southwesterly 157.08 feet along the arc of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90°00'00" and being subtended by a chord which bears South 44°34'51" West 141.12 fee:: thence South 00°25'09" E~t 169.99 feet: thence southwesterly 62.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 72°10'28" and being subtended by a chord which bears South 35'40'05" West 58.90 thence South 71°45'19" West 116.03. feet; thence southwesterly and southerly 248.54 feet alon~ the arc of a tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94°56'03" and being rob:ended by a chord which beam South 24°17'18" West '~" - thence South 23°10'44" East 123.01 feet: thence southerly and southwesterly 101.05 feet alon~, the arc ofa tnn~emial circular curve concave to the northwest having a radius of 50.00 fee: through a central angle of ll 5°47'41" and being subtended by a chord which bears South 34°45' In" West 84.71 fee: to a point of compound curvature: thence northwesterly 256.08 fee: along the arc of a tangential circular cun'e concave to the northeast having a radius of 220.00 fee: through a cgnrraI an=le of 66".:1 '32" and being subtended by a chord which bears North 5.1"02' 10" West" ' fee:: thence North 20°41'2,r' \\"es: 195.01 thence northeas:erlv 312.33 feet alonr, ~he arc of a tangential circular curve concave to the e"st having a radius of 280.00 fee: through a central an:!e of 63~'5a'~0" and being subtended by a chord ~hich bears North 11"15' 56" East 296.39 fee: to a point of reverse cam'acura: thence northeasterly, no~herlv and nor&we:teriy 5i6.02 fee: along the arc o£a tangential circular cur.'e concave to the west hayin= a radius of 500.00 subtended by a chord ~.'hich bears North thane: North 55'19'52" \Vest 528.6,: thence North 02°23'16" East 275.02 feet' thence her'S, easterN' 77.62 fee: aiong the arc of a tangemini circular cur','e concave to the southeast having a radius of 50.00 fee: through a central angle of S8"57'0-:'" and being subtended bv a chord ~ hich Iceors North i6'51 '48" East 70.06 tee: to a point of re','erse cun'ature: · thence northeasterly 731.46 feet along the arc of a tar,=e.n:iai circular cur.'e concave to the north havin,.z a radius of 1200.00 fee: thrau=h a c:mrat angle of 34°55'29" and being subtended by a chord which bears North 75=52'.36" East 720.19 fee: to a poim of reverse cu~'amre: thence northeasteriy, northerly and northwesterN' 134.88 feet along the arc of a tangential circular curve concave :o the wes: having a radius or' 50.00 r.e:: through a central antic of 154°.3~ '46" and being subtended bv a chord x~hich bears Nor'& ' :r ...... · _0 __ 0_ \\'cs: 97.J.= ;e:: to a Foint of reverse :.u,'-.'atur:: thence westerly and no~heas~eriv 7t .31 fee: aion'2 the arc ofa un"ential ,circular cur'.'e concave to the northeast having a radius of 35.00 fee: thrcu:h a cea~raI an:!e at' i !6::4'18" and bain..:, sub;ended ~y a chord which bears N,~nh '"' ' ' .... \\'es~ ti~e::c= North 07=00' 50" East I o[.J9 tilenag Norqh $2=59' 10" West ..:5.00 tkenc2 Noah 07"00'50" East I.: 7-~ thence North SO" S' r i" East ~' - ': · Book 112, Page EXHIBIT "A" (Page 3 of 3) thence North 89'24'52" East 1333.23 feet% thence North 00'32'30" West 30.00 feet: thence North 89°24'52" East 50.00 fee:: thence South 00°32'30" East 537.45 feet; thence south g9°29'24" West 916.48 feet; thence South 00°06'04" East 453.00 feet; thence south 89°29'24" West 470.01 feet; thence South 00°06'04" East 2039.29 feet to the Point of Be:inning of the parcel herein described: Subject to easements and restrictions of record. Containing 124.29 acres more or less. Bearings are based on the Certificate of authorization ~.LB.a3. RIgZONE TO PLANNED DEVELOPMENT and CONCEPTUAL DEVELOPMENT AND SITE PLAN REVIEW APPLICATION FOR Hamilton Harbor Prepared for: Collier Enterprises Prepared by: Wilson Miller, Inc. Wilson Professional Center, Suite 200 3200 Bailey Lane Naples, FL 34105 Date of Submittal: March 17, 1999 City Ordinance 99- $955 APPROVED FILE COPY TABLE OF CONTENTS 1715 Section I Section II Section III Section IV Section V Section VI Section VII Section VIII S~ction IX Section X List of Exhibits and Appendices L.egal Description Project Team Platreed Development Standards Development Criteria and Standards Land Use Summary and Building Square Footage Water and Sewer Adequacy and Availability and Binsic Water Management Strategy Development Schedule and Method of Ownership, Management and Maintenance PD Land Use District Map Additional Conditions for Approval of PD List of Exhibits and Appendices Exhibit A Extfibit B Exh/bit C Exhibit D SECTION I General Vicinity Map WMBP File No. D-0229-01 Existing Conditions WMBP File No. D-0229-01 General Site Plan WMBP File No. D-0229-01 Architectural elevations Appendix A Appendix B Appendix C Proof of Ownership Proposed Hamilton Harbor Traffic Impact Assessment by David Plummet & Associates A Development of Significant Environmental Impact Assessment 4 SECTION II Legal Description All that part of Sections 22, 23 and 27', Township 50 South, Range 25 East, Collier Count3,, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 22; thence along the east line of said Section 27, South 00°25'29TM West 2328.66 feet; thence leaving said section line South 89°32'18" West 1288.58 feet; thence North 00°27'34" West 331.71 feet; thence northeasterly 846.91 feet along the arc of a tangential circular cur~'e concave to the southeast having a radius of 800.00 feet through a central angle of 60o39' 19" and being subtended by a chord which bears North 29°52'06" East 807.91 feet to a point of reverse curvature; thence northerly 1011.26 feet along the arc of a tangential circular curve concave to the northwest having a radius of 750.73 feet through a central angle of 77° 10'46" and being subtended by a chord which bears North 2!°36'21" East 936.52 feet; thence North 16°59'02" West 450.59 feet; thence North 50°00'29" East 226.72 feet; thence northeasterly 113.41 feet along the arc of a tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of 43°19'08" and being subtended by a chord which bears North 28026'43" East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the arc of a tangential ci:cular curve concave to the west having a radius of 480.00 feet through a central angle of38°18' 13" and being subtended by a chord which bears North 12°21 '57" West 314.95 feet to a point of reverse curvature; thence northerly 109.67 feet along the are of a tangential circular curve concave to the east having a radius of 100.00 feet through a central angle of 62°50'20" and being subtended by a chord which bears North 00005'54" West 104.26 feet to a point of reverse cur~'ature; thence northeasterly 171.22 feet along the arc of a tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 54°30'00" and being subtended by a chord which bears North 04°04' 16" East 164.83 feet; thence North 23°10'44" West 123.01 feet; thence northwesterly and easterly 197.05 feet along the are of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 112°54'00" and being subl..e_nd_ed by a chord which bears North 33°16'16" East 166.68 feet; thence North 89°43' 16" East I 10.00 feet; thence easterly and northwesterly 213.10 feet along the are of a tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 122°06'00" and being subtended by a chord which bears North 28°40'16" East 175.01 feet to a point of reverse curvature; thence northerly and northeasterly 78.69 feet along the arc of a tangential circular curve concave to the east having ~, radius of 50.00 feet through a central angle of 90010'20" and being subtended by a chord 'kvhich bears North 12~42'26" East 70.82 feet; thence North 57047'36" East 67.46 feet; thence northerly and northwesterly 194.01 feet along the are of a tangential circular curve concave to the west having a radius of 75.00 feet through a central angle of 148012'45" and being subtended by a chord which bears North 16°I 8'46" West 144.27 feet; thence South 89°34'51" West 30.00 feet; thence westerly and southwesterly 157.08 feet along the arc of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90°00'00" and being subtended by a chord which bears South 44°34'51" West 141.42 feet; thence South 00°25'09" East 169.99 feet; thence southwesterly 62.98 feet along the arc of a tangential circular curve concave to the noahwest having a radius of 50.00 feet through a central angle of 72°10'28" and being subtended by a chord which bears South 35°40'05" West 58.90 feet; thence South 71°45'19" West 116.04 feet; thence southwesterly and southerly 248.54 feet along the arc of a tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94°56'03" and being subtended by a chord which bears South 24°17'I 8" West 221.07 feet; thence South 23°10'44" East 123.01 feet; thence southerly and southwesterly I01.05 feet along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115°47'41" and being subtended by a chord which bears South 34°43' 14" Wear 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the arc of a tangential circular curve concave to the northeast having a radius of 220.00 feet through a central angle of 66°41'32" and being subtended by a chord which bears North 54°02'10" West 241.87 feet; thence North 20041'24" West 195.01 feet; thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a radius of 280.00 feet through a central angle of 63°54'40" and being subtended by a chord which bears North 1 l°15'56" East 296.39 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave to the west having a radius of 300.00 feet through a central angle of 98°33'08" and being subtended by a chord which bears North 06003' 18" West 454.72 feet; thence North 55°19'52" West 528.65 feet; thence North 02023' 16" East 275.02 feet; thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast having a radius of 50.00 feet through a central angle of 88°57'04" and being subtended by a chord which hears North 46°51 '48" East 70.06 feet to a point of reverse curvature; thence northeasterly 731.46 feet along the arc of a tangential circular curve concave to the north having a radius of 1200.00 feet through a central angle of 34°55'29" and being subtended by a chord which bears North 73°52'36" East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangential cir~:lila]' Curve concave to the west having a radius of 50.00 feet through a central angle of 154033'46" and being subtended by a chord which bears North 20052'02" West 97.55 feet to a point of reverse curvature; thence westerly and northeasterly 71.31 feet along the arc of a tangential circular curve concave ~.o the northeast having a radius of 35.00 feet through a central angle of 116°44'18" and being subtended by a chord which bears North 39°46'46" West 59.60 feet; thence North 18035'23" East 68.45 feet; thence North 13049'59" East 340.07 feet; thence North 07000'50" East 161.59 feet; thence North 82059' 10" West 35.00 feet; thence North 07°00'50" East 14.74 feet; thence North 89°18'51" East 527.45 feet; thence South 00°13'12" East 335.51 feet; thence North thence North thence North thence South thence south thence South thence south 89024'52" East 1333.23 feet; 00032'30" West 30.00 feet; 89°24'52" East 50.00 feet; 00°32'30" East 537.45 feet; 89°29'24" West 916.48 feet; 00°06'04" East 453.00 feet; 89°29'24" West 470.01 feet; thence South 00°06'04" East 2039.29 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 124.29 acres more or less. Bearings are based on the Certificate of authorization #LB-43. 6 SECTION III Project Team Owner AgenffAttomey Planning/Engineering Environmental Transportation Collier Enterprises Jeff Bier, President, Real Estate Division 3003 Tamiami Trail N. Naples, FL 34103 941/261-4455 941/263-3849 Young, van Assenderp & Vamadoe George Vamadoe, Esq. 801 Laurel Oak Drive Naples, FL 34108 941/597-2814 941/597-1060 (fax) Wilson, Miller, Barton & Peek, Inc. Alan Reynolds, AICP, President & CEO 3200 Bailey Lane, Suite 200 Naples, FL 34105 941/649-4040 941/643-5716 (fax) Kevin L. Erwin Consulting Ecologist, Inc. Kevin Era, in 2077 Bayside Parkway Ft. Myers, FL 33901 941/337-1505 941/337-5983 (fax) David Plummer & Associates Ron Talone 1531 Hendry Street Ft. Myers, FL 33901 941/332-2617 941/332-2645 (fax) Marina Consultant Architect Applied Technology & Management, Inc. Ed Modzelewski, President P.O. Box 24156 Hilton Head, sC 29925 843/837-9525 843/837-9526 (fax) Architectural Network, Inc. David Corban, AIA, Vice President 801 Anchor Rode Drive Suite 103 Naples, FL 34103 941/434-5800 941/434-0208 (fax) 9 SECTION IV Planned Development Standards Land uses within the development shall be appropriate in their proposed location, in their relationships to each other, and in their relationships with uses and activities on adjacent and nearby properties. The proposed project is located in south Naples Bay, adjacent to Bayview Park. Of the overall project area of 124 acres, 103 are v,4thin the City of Naples and 21 are within the jurisdiction of Collier County. The total project will be reviewed by the City of Naples and City approved standards for both horizontal and vertical construction shall be utilized throughout the project. The unique design of the marina substantially screens the marina facilities fi'om Naples Bay, Port Royal and the adjacent residential neighborhood. The uses will be compatible with and buffered from adjacent land uses, will provide water dependent uses for this waterfront propert)', will improve the economic vitality of the area and will fulfill specific public benefits for the citizens of the City of Naples. Hamilton Harbor has been designed (I) to minimize impacts on wetlands and unique archaeological sites; (2) to maximize compatibility with south Naples Bay character; and (3) to provide the important public benefits specified below. In order to screen the buildings from Naples Bay, the boat basin has been curved or angled, the dry storage building has been located approximately eight-hundred feet (800') east of the entrance to the harbor, supplemental landscaping will be provided at Bayview Park, and City height restrictions will apply. In order to promote compatibility with surrounding areas, primary access will be from Fern Street which minimizes traffic on Danford and Bay Streets, the dry storage building will be located approximately one- hundred feet (100') south of the property line, and a forty foot (40') buffer and berm will be provided adjacent to Bay Street. Hamilton Harbor will have a maximum of 36 wetslips, 450 dry storage spaces, and boats berthed at Hamilton Harbor will be limited to sixty foot (60') in length overall. The boat basin will be approximately two (2) acres in size and the developed area of Hamilton Harbor will be approximately fifteen (15) acres. In addition, there will be a marina related retail sales facility not to exceed 1600 square feet, marina offices, support facilities, and a restaurant with a maximum of 150 seats. Hamilton Harbor will also provide the following public facilities or benefits: a fueling facility open to the public as shown on the Master Plan a permanent loading facility for marine related construction owned by the City of io Naples Fifteen (15) additional public boat trailer parking spaces to complement the par'k/ng for the launching facility at Bayview Park. This will be dedicated to the City or Collier County. preservation of approximately I'A miles of shoreline, and 108 acres of wetlands and uplands in the City of Naples Parcel B, being approximately 108 acres in size, will be deeded to the Naples Land Conservation Trust Fund solely for conservation purposes. In addition, another tract of approximately 51 acres v,4thin the City of Naples located south of Parcel B (but not adjacent thereto) will be dedicated to the Naples Land Conservation Trust Fund for conservation purposes at the time permits to develop the adjacent property to the east are received. Any maintenance dredging in the channel leading into existing Bayview Park and Hamilton Harbor shall be the responsibility of the Developer. In addition, Developer shall be responsible for any maintenance dredging to the existing north/south Bayview Park channel. Developer shall also be responsible for construction of the loading facility for marine related construction and the additional par'king facility for boat trailer par'king at no cost to the City. There will be no rental boat fleet at Hamilton Harbor and no personal watercraft will be berthed or stored at Hamilton Harbor. There will be no expansion of Hamilton Harbor nor will there be any connection of the boat basin to adjoining lands in Collier County or the City of Naples. Prior to the issuance of a building permit, a specific General Development and Site Plan petition shall be approved by the Planning Advisory Board. Applicant understands and agrees, that pursuant to paragraph 5 of the Interlocal Government Agreement dated March 17, 1999, all proposed amendments to the Hamilton Harbor PD Zoning Ordinance and DRI Development Order must be submitted and approved by the City of Naples. Only in the event that an amendment approved by the City of Naples exceeds the development standards set forth in Exhibit 3 to said Interlocal Agreement does Collier County have jurisdiction to also review said amendment. The development shall comply with applicable city plans and planning policies, and shall have a beneficial effect both upon the area of the city in which it is proposed to be established and upon the city as a whole. Hamilton Harbor furthers the goals and objectives of the City of Naples Comprehensive Plan and complies with applicable city planning policies. The proposed project provides multiple public benefits in both the area of the city in which it is located and upon the city as a whole, including: · A public fueling facility in south Naples Bay; · A City owned marine construction loading facility; · Reductions of boat Izaffic in upper Naples Bay; · Additional public boat trailer par'king for the Bayview Park; · Permanent preservation of approximately 1.5 miles of shoreline; · Permanent preservation of approximately 108 acres of wetlands and uplands; and · Preservation of important archaeological sites. The specific objectives and policies wkich apply to this project include: Vision 2005 Objective 3-5: It is the objective of the City to have more compatible land use standards where the City and Count3' are adjacent. Hamilton Harbor is located within both the City and the County. With review ofthe entire project being conducted by the City of Naples, this ensures that the land use standards within the project boundaries will be compatible. Objective 3-6: It is the objective of the City to have positive opportunities for the County to enhance its motivation to cooperate with the City. Hamilton Harbor provides a positive oppommity for the County to cooperate with the City by an interlocal agreement allowing the City to conduct the full review ofthe project. Objective 4-1: Ensure that the natural resources of the City are used in a sustainable way. The proposed project permanently preserves approximately 108 acres of weftands and uplands, including 1.5 miles of Naples Bay shoreline. The project will also enhance app~'oximately 12.6 acres of wetlands and uplands. Objective 4-2: Increase the amount of green space with the City while protecting environmeutally sensitive lands. Approximately 10g acres of wetlands and uplands will be preserved and deeded to the City of Naples Land Conservation Trust Fund. Objective 5-7: Improve water qualit), through proper land use planning. The proposed project will improve the Bayview Park channel which should improve flushing and therefore the water quality wififin the channel. The provision of a public fueling facility in the southern part of Naples Bay will decrease the number of unnecessary boat trips to the upper bay for fueling. Best management practices will improve the quality of stormwater discharged into Naples Bay. Objective 6-1: Provide a variety of active recreation opportunities. Hamilton Harbor provides oppommities for water related recreation. Objective 7-1: A desired result is residential areas which are not disrupted by non- local traffic. Primary access to Hamilton Harbor will be from an entry on Fern Street. This will minimize traffm on Dan.ford Street and eliminate traffic on Bay Street. Future Land Use Element Policy I-4: Non-residential development shall be compact and in a readily accessible location for the market it is intended to sero'ice, and shall not encroach into stable residential areas. Hamilton Harbor is extremely compact, with only 15 of the 124 project acres used for development. It is located to provided marina services in the south Naples Bay area. Hamilton Harbor does not encroach into any residential area, and will include a 40' buffer adjacent to the one residential street it abuts. Policy 1-5: Increase the amount of green space in the City through appropriate project design and attributes. Approximately 108 acres of wetlands and uplands will be preserved and deeded to the City of Naples Land Conservation Trust Fund. The development envelope of Hamilton Harbor is approximately 16 acres. In addition, approximately 6 acres of the development envelop will be utilized for buffers, landscape areas, and water management. The result is that over 90% of the project will be "green space" (including surface waters and water management areas). Policy 1-7: Commercial properties shall be properly screened, provide adequate parking, include orderly traffic circulation patterns, and integrate appropriate design features to enhance safety, efficiency, and site appearance. 17C 13 The unique design of the Hamilton Harbor basin allows for the existing mangroves to substantially screen the marina dry boat storage building from view from Naples Bay and Port Royal. A 40' buffer will screen the facilities from the residents along Bay Street. Parking will meet or exceed the City of Naples requirements. A primary access road will provide safe and orderly traffic circulation to the parking areas for the dry boat storage facility and the restaurant and ships store. Sidewal'ks will connect the parking areas and marina facilities providing for safe pedestrian circulation. Policy 1-9: Signage shall be provided in accordance with the Code of Ordinances. Sig-n plans for all complexes are to be flied with the City. Monument ground sigmas are encourage rather than pole signs. Smaller signas and fewer signs than permitted by the Code of Ordinances are preferred in most circumstances. Hamilton Harbor signage will be in accordance with the City of Naples Code of Ordinances. Policy 1-10: Lighting shall be provided in an aesthetically pleasing manner with illumination levels compatible with adjacent areas and designed to ensure safe movement of pedestrian and vehicular traffic and promote security and crime prevention. Hamilton Harbor lighting will be desired to ensure the safe movement of boats and pedestrians while being compatible with adjacent land uses. Policy 1-11: To protect, preserve and enhance areas having significant ecolo~cal, hydrolo~cal, physical or socioeconomic importance to the public, new development or redevelopment located in areas of environmental sensitivity shall be consistent with the provisions of the Conservation and Coastal Management Element. The Code of Ordinances shall include development standards based on habitat types, suitability, storm protection, clearing, and submittal of a Development of Significant Environmental Impact Assessment. Preserving the integrity of those area~venhances the aesthetics and quality of life for city residents and visitors, provides a degree of natural protection against storms, helps maintain air and water quality, promotes fish and wildlife and habitat diversification and productivity, and promotes soil stabilization. Hamilton Harbor preserves approximately 108 acres of wetlands and upland and 1.5 miles of shoreline of Naples Bay. Hamilton Harbor also preserves two important archaeological sites, one (Hamilton Midden) is of regional importance. A Development of Significant Environmental Impact Assessment is attached to the Application as Appendix C. Policy 1-12: Dumpsters and mechanical equipment shall be effectively screened from street view and adjacent residential property. 14 o A landscape buffer along Bay Street will ensure that dumpsters and mechanical equipment in Hamilton Harbor will be effectively screened from view. Policy 2-2: Permit new development only in areas where adequate public facilities and access exists or will be provided prior to occupancy. The applicant has verified that adequate public facilities and access are in place or will be provided for the development of Hamilton Harbor. Policy 5-2: Development shall be consistent with standards for subdivisions, sig'ns, and stormwater management. Hamilton Harbor will be developed in accordance with required applicable standards. Policy 5-3: Control land uses by requiring buffer areas between inconsistent land uses and establish transitional land use zone to assure compatibility of land uses. Hamilton Harbor will include a landscape buffer to protect the existing neighborhood along Bay Street. Policy 6-2: Avoid adverse impacts on propert)', places, or sites that are on the Federal Reg/ster of Historic Places, Florida Master Site File, or designated as a local historic resource through official action by the City of Naples. There are two archaeological sites within the project boundary of Ham/Iron Harbor that are designated on the Florida Master Site File. The proposed plan avoids adverse impacts to these archaeological sites and preserves them with a conservation designation. As stated in Question 2 and described in the above analysis, Hamilton Harbor is clearly in compliance with the applicable City planning policies and will have a beneficial-effect both upon the area of the City in which it is proposed and upon the City as a whole. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Wetland Conservation and Open Water Upland Conservation Water Management/Open Space/Buffers Marine Facilities and Wetslip Harbor Total Area 100.3 acres 7.9 acres 6.1 acres 10.0 acres 124.3 acres e 170 :t 15 Streets; utilities; drainage facilities; recreation areas; building heights, sizes and yards; and vehicular parking and loading faciIities shall be appropriate for the particular use or uses involved, and shall equal or exceed the level of design and construction quality required of similar land development elsewhere in the city. Site improvements shall be constructed according to the requirements of the City of Naples. The pr6posed development standards conta/ned herein are appropriate for the intended use of the property. Visual character and community amenities shall be equal or better in quality than that required by standard zoning districts for similar development. The wetslip basin has been designed at an angle specifically to create a visual screen of existing mangroves which effectively screens the dry boat storage facility from Naples Bay and Port Royal. Hamilton Harbor's public ameNties includes a public fueling facility, a marine construction loading facility, boat trailer parking for Ba3wiew Park and preservation of approximately 108 acres of wetlands and upland, 1.5 miles of Naples Bay shoreline and two important archaeological sites. Open space shall be adequate for the type of development and the population densities proposed. Approximately ninety percent (90%) of the project will be open space, wkich is extraordinarily high for this type of development and greatly exceeds all applicable standards. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Approximately 15 acres of the project will be under common ownership of Collier Enterprises and will be maintained by the owner, their successor or assigns. Approximately 0.25 acres will include the marine construction loading facility which will be owned and maintained by the City of Naples, approximately 0.75 acres will accommodato.addifional public boat trailer par'king for Bayview Park and will be owned and maintained by Collier County. The remaining 108 acres will be donated to the City of Naples Land Conservation Trust Fund. In the case of developments which are to be constructed in several units, the proposed units shall be shown on the overall development plan. The proposed construction units shall individually comply with the standard set forth in this section in order that, ff for any reason consta'ucfion ceases prior to completion of the entire planned development, the resulting partially complete project will adequately serve its purchasers and occupants and will not cause a general public problem. Site improvements shall be constructed according to the requirements of the City of Naples. 16 SECTION V Development Criteria and Standards A. Tract A: (See Section IX: PD Land Use Districts Map) Permitted Principal Uses: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Marina facilities, including fuel sales and wet slips (including slip rentals) for a maximum of 36 boats. B. Dry storage facility for a maximum of 450 boats. C. Marina related retail sales (a maximum 1,600 square feet). D. Restaurants (a maximum of 150 seats), including conventional, out door seating and dining, deli, carry-out, and outside menu board signage. E. Marina offroes. F. Charter boats and water taxis, limited to a capacity of 12 passengers per boat. G. Boat and marine equipment sales and display. H. Repair and sen'icing of boats, boating accessories and marine equipment for dry storage boats, and boats comparable in size in the wet slips. I. Marine construction loading facility. J. Public boat trailer parking for Bay~,iew Park. II. Permitted Accessory Uses: Accessory uses and structures which are incidental and customarily associated with the above permitted use as follows: A. Incidental loading and unloading of marine supplies. B. Ponds/water management facilities. C. Parking lots. D. Landscape buffers. E. Signage, including internal dh'ectional signage. F. Wastewater pump-out facilities. G. Fuel storage facilities. H. Accessory uses and structures which are inciden~ to and customarily associated with the permitted uses listed above. III. Conditional Uses: are as follows: A. Staged entertainment as defined by the Code of Ordinances. B. Cock'rail lounge. C. The planning advisory board may, through the review and approval of a conditional use petition and with the approval of the city council, permit other uses which are similar to and no more intense than those enumerated in this section. III. Minimum Setbacks Princir~al and Accessor,, Buildin2s VI. Maximum Buildinc Height Restaurant/marina retail Dr)' storage facility VII. Minimum Off-Street Parkinq VIII. Architectural Standards Restaurant/marina retail Dry storage facility 17 50 feet from project perimeter boundary, as the boundary is depicted Exhibit C General Site Plan, except for the water where the setback is 0 feet. Three stories, up to a maximum height of 35 feet, measured vertically from the established 100-year flood elevation to the ceiling of the h/ghest story plus six feet from said ceiling to the highest point of a flat roof, parapet wall, or mansard detail; or six feet from said ceiling to the mean distance between the eaves and the ridge of a gable, hip, or gambrel roof. 48 feet from 8' NGVD to the eave of the building. Dry storage facility - 1 space/l 0 dry slips Harbor basin - 1 space/4 wet slips Restaurant/marina retail - 1 space/100 SF Charter boats - 1 space per 4 passengers. All building sides shall have the appearance of wood or a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc., Due to the placement of the dry boat storage facility, existing mangrove trees and large ticus trees in Bayview Park substantially hide the building from public view. The dry boat storage building facades will be a natural color to further blend in with the surrounding environment. 18 17C The dry boat storage building shall be designed in accordance with Section 2.8 of the Collier County Land Development Code, with the following exceptions: LDC Section 2.8.3.4.2. - Pedestrian access shall be as shown on the conceptual general development site plan. LDC Section 2.8.3.5.2. - Windows are not required. LDC Section 2.8.3.5.5. - Arcades and display windows are not required. LDC Section 2.8.3.5.7. - Compliance with this section is not required. LDC Section 2.8.3.5.10. - Compliance with th.is section is not required. LDC Section 2.8.3.5.12. - Compliance with this section is not required. IX. Fences A fence along the northern property boundary may be 1 O-feet high. 19 Tract B: (See Section IX: PD Land Use Districts Map) Tract B is limited to Upland and Wetland Conservation uses as permitted in The City of Naples Conservation Zoning District, including all aspects of on-site mitigation. In any conflict bem, een the terms of this Planned Development Document and the City of Naples Comprehensive Code, the Planned Development Document shall prevail. The City of Naples Comprehensive Development Code, however, shall otherv,4se apply to development on the property if and when the Code addresses an issue which is not addressed in the Plain'ting Development Document. 20 SECTION VI Proposed Hamilton Harbor Land Use Summary Wetland Conservation and Open Water 100.3 acres Upland Conservation 7.9 acres Water Management/Open Space/Buffers 6.1 acres Marine Facilities and Wetslip Harbor I0.0 acres Total Area 124.3 acres Marina Facilities Gross Sqmare Footage Percent of Site Coverage RestauranffMahna Retail 8,000 SF 0.1% Dry Storage Facilities 100,000 SF 2% 21 SECTION VII Water And Sewer Adequacy And Availability Water and Sewer service for the project is available and will be provided by Collier County Utilities. The proposed sanitary sewer system will connect into the existing gravity collection. system located on Bay Street. The proposed potable water system will be extended from the existing 12" water main located at the terminus of Fern Street. Basic Water Management Strategy The excess storm water run-offgenerated within the site will be captured and conveyed by inlet structures, pipes, and swales to a water quality detention system. The run-off will undergo ~-eatment if. rough detention as required by the South Florida Water Management District. Following The proposed water quality treatment volume detention, the system will mimic the historical, pre-developed drainage panera by discharging directly to tidal waters, Naples Bay. The water quality detention system will consist of a series of dry detention areas with a bottom elevation located one foot above the site's determined wet season water table (control elevation). Following the required water quality volume detention, a water control structure located at the most downstream dry detention area will discharge into a spreader swale and ultimately into Naples Bay. 22 SECTION VIII Development Schedule The project is planned to be constructed in two phases, the first not to exceed the development thresholds as defined in FS 380.06, and the second upon approval of a DRI development order. The first phase would include some or all of the following: fueling facility, marine construction loading facility, boat basin, wet slips, marina building (containing restaurant, office, ships store, etc.). It is anticipated that development will commence in 1999. (2) With/n six (6) months from the receipt of all the non-appealable permits, development orders, and other governmental authorizations necessary to develop the entire Hamilton Harbor project as described in this PD, construction shall commence on that portion of the project containing the marine related construction loading facility, and fueling facility. Said facilities will be completed within two (2) years of the start of construction, unless delayed by forces beyond the control of Applicant. In order to provide assurance that the marine related construction loading facility, which is to be owned by the City of Naples, is available in the event Applicant does not meet the construction schedule outlined above, within thirty (30) days of the receipt of all non- appealable permits, development orders, and other governmental authorizations necessary to construct the entire Hamilton Harbor facility, Applicant shall: (i) Execute and deliver a deed in escrow to that portion of the Hamilton Harbor project to be conveyed to the City, which will contain access to and the property necessary for a marine related construction loading facility; and (ii) Deliver to the Escrow Agent a letter of credit, or equivalent security in favor of the City in amount sufficient to dredge and widen North-South Bayview Channel, bulkhead the east side, and construct said marine related construction loading facility. The mount of security will be determined by a cost estimate provided-by the Applicant's engineers, which shall be reviewed and approved by City Staff. In the event construction does not commence, or is not completed as set forth above, and upon thirty (30) days written notice from City to Applicant and Escrow Agent, Escrow Agent shall deliver the deed and letter of credit or similar security to the City of Naples, which in turn agrees to draw such funds out of said security as are necessary to construct or complete said marine related construction loading facility, and rerum any excess funds to Applicant in an expeditious manner. In addition, in the event construction is not conunenced or is not completed as set forth above, City shall be allowed and Applicant shall not object to City, at City's sole cost, locating a fueling facility on said marina related construction facility site. 23 Method Of Ownership, Management And Maintenance The marina and dry storage facilities will be owned, managed and maintained by Collier Enterprises, their successor or assigns. The marine construction loading facility will be owned, managed and maintained by the City of Naples. The public trailer parking for Bayview Park will be owned, managed and maintained by Collier County. Approximately 108 acres of wetlands and upland v,411 be owned, managed and maintained by the City of Naples Land Conservation Trust Fund. TF~CT B SECTION X Additional Conditions for Approval of PD The following additional conditions for approval of Planned Development Petition 99-R8 have been prepared after consultation with City Planning Staff to address issues raised by representatives of the Citizens to Preserve Naples Bay, and are made part of the Planned Development Document: (1) Boats berthed in wet slips shall be limited to sixty feet (60') in waterline length as determined by reference to the boat manufacturer's specifications. (2) No personal watercraft shall be berthed or stored at Hamilton Harbor. (3) There ,,,,'ill be no expansion of Hamilton Harbor or the marina basin to adjoining lands in Collier County or the City of Naples; Hamilton Harbor facilities will only be used to launch boats stored at Hamilton Harbor; and the maximum number of boats to be berthed or stored at Hamilton Harbor shall be limited to 486 (450 dry storage and 36 wet slips) in perpetuity. (4) The fueling facility at Hamilton Harbor shall be open to the public so long as Hamilton Harbor provides fueling for boats. In the event that fueling operations cease at Hamilton Harbor, the City of Naples shall be provided with the right of first refusal to acquire or lease the fueling facilities at fair market value or fair market rental rate. (5) For the first ten (10) years of operation, members of the public (as distinguished from residents of any project which may be constructed on the adjacent land in Collier County), shall have the right to store boats at prevailing market rates in fifty percent (50%) of the dry storage spaces. Between years ten (10)-and fifteen (15), this percentage of occupancy shall be reduced to thirty percent (30%o), and after year 15, the percentage of occupancy shall be reduced to twenty percent (20%0). In order to satisfy this requirement, a reservation book of those desiring dry storage shall be offered and kept. Once a year, for a period of not less than sixty (60) days, an offer shall be made for annual leases to the public for the requisite percentage/number of dry storage spaces. Notwithstanding the percentage commitment above, if the public does not choose to sign leases for the next lease year for the required percentage of dry storage spaces, an offer of said spaces may then be made to residents of the adjoining project. However, this will not relieve the requirement to reserve the required dry storage spaces for the public in each succeeding year. 25 (6) (7) A dr3' storage space shall be provided to the Naples Police at no charge, and a temporary tie-up also provided for use by the Naples Police during all hours of operation. The Planned Development will expire and be of no force and effect unless development of the facilities has commenced within ten (10) years of the final approval of the Planned Development by City Council (to comport with the term of the Interlocal Government Agreement dated March 17, 1999) unless the term of the Interlocal Government Agreement is extended, in which case the term of the Platreed Development shall be extended to a term consistent with the term of the Interlocal Government Agreement. Subsequent to the issuance of all final non-appealable discretionary permits required to develop the Project, but prior to the issuance of building permits at Hamilton Harbor for an)' private marina facilities, the following shall occur: (a) A conservation easement under Chapter 704.06, Florida Statutes, shall be created in favor of and enforceable by a state agency designated by City Council at the time of conveyance (the "Conservation Easement Holder") in Parcel B. Parcel B will be donated to the City of Naples Land Conservation Trust Fund, subject to the Conservation Easement and covenants, conditions and restrictions ("Deed Restrictions") which will restrict the uses to conservation/preservation. The Conservation Easement shall create a right or interest in the real property which is appropriate to presen, ing land or water areas predominately in their natural, scenic, open or wooded condition; retaining such areas as suitable habitats for fish, plants or wildlife; retaining the integrity of sites or properties of historical or archaeological significance; maintaining existing land uses; and prohibiting development as and to the extent more fully described in Chapter 704.06(I), Florida Statutes; and Fee simple title to such land subject to the Deed Restrictions and the Conservation Easement in favor of and enforceable by the Conservation Easement Holder shall be conveyed through the execution and delivery of a deed for such land to the City of Naples Land Conservation Trust Fund. Any proposed changes to land uses in Parcel B will therefor have to be approved by the grantor, the Naples Land Conservation Trust Fund, and Conservation Easement Holder. (c) Nothing contained herein shall preclude undertaking any restoration or mitigation on Parcel B as specified in any permit issued by any applicable government agency, included but not limited to United States Army Corps of Engineers, Florida Department of Environmental Protection, and (9) (10) (11) (12) Southwest Florida Water Management District, either before or after deeding such property to the Naples Land Conservation Trust Fund. An additional 51± acres ("Parcel C") within the City of Naples south of Parcel B fronting on Naples Bay shall be deeded to the Naples Land Conservation Trust Fund, subject to a conservation easement, all as is set forth in paragraph 8(a), (b), and (c) above at the time permits to develop the adjacent property to the east within Collier Count)' are received. Parcel B and Parcel C which will be included in any drainage modeling for development on land in the Project or otherwise adjacent to Parcel B or Parcel C to ensure that such drainage modeling addresses cumulative impacts on Parcel B and Parcel C. The City of Naples and the Conservation Easement Holder will be given an opportunity to review and comment on any drainage modeling for development on land in the Project or otherwise adjacent to Parcel B and Parcel C. The Project Developer will be financially responsible, and will indemnify, defend and hold the City of Naples harmless from claim, for the repair and restoration of any damage done to mangroves in Parcel B or Parcel C which will be donated to the City of Naples Land Conservation Trust Fund if damage is caused by and directly attributable to the negligence or willful misconduct of the Project Developer and occurs on land ov,'ned by the Project Developer in the Project or on land adjacent to Parcel B or Parcel C owned by Project Developer. The developer shall provide a minimum of 5 acres of mangrove restoration in the area generally along the Gordon River adjacent to the northwest comer of the Naples airport and north of Avion Park, which is on property owned by Collier Enterprises. After the restoration, the entire parcel shall be annexed to the City of Naples and the mangrove restoration area shall be deeded to the Naples Land Conservation Trust Fund, subject to deed restrictions and a conservati6n'-e'asement as is set forth in paragraph 8 hereof. September 3, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-99-17 Dear Pam: Please advertise the above referenced notice on Sunday, September 12, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Arlene J. Baker Deputy Clerk Purchase Order No. 916495 1..7C ' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 28, 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 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 NUMBERS 0523N AND 0523S; BY CH3kNGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" (A PORTION OF SABAL BAY) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HD~MILTON HARBOR PUD, IN ACCORDANCE WITH AN INTERLOCAL GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY, FOR A MARINA LOCATED WITHIN THE COLLIER COUNTY JURISDICTION, IN SECTION 23, TOWNSHIP 50 SOUTH, RA/qGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-99-17, George L. Varnadoe, Esquire, of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Hamilton Harbor, Inc., requesting a rezone from "PUD" (Sabal Bay) to "PUD" Planned Unit Development to be known as Hamilton Harbor PUD, in accordance with an Interlocal Governmental Agreement between the City of Naples and Collier County, for a marina located in south Naples Bay, adjacent to Bayview Park, of which 21 +/- acres are located within the Collier County jurisdiction, in Section 23, Township 50 South, Range 25 East. 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: All persons wishing to speak on any agenda item must register w-~-~ 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. 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 COI/NTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Arlene J. Baker Deputy Clerk (SEAL) September 3, 1999 Hamilton Harbor, Inc. 3003 N. Tamiami Trail Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD-99-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Arlene J. Baker Deputy Clerk Enclosure September 3, 1999 Mr. George L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition PUD-99-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Arlene J. Baker Deputy Clerk Enclosure drsprague@naplesnews.com ~ Subject: Petition PUD-99-17 Please find attached letter to Pam Perrell & Notice re: Petition PUD- 99-17 NONPUD99* I NOTIC£PUD99.17,do ORDINANCE NO. 99- 68 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WItlCII INCLUDES TIlE COMPREIIENSIVE ZONING REGULATIONS FOR 'FILE UNINCORPORATED AREA OF COLLIER COUNTY, FI,ORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERS 0523N AND 0523S; BY CIIANGING TIlE ZONING CLASSIFICATION OF 'File HEREIN DESCRIBED REAl. PROPERTY FROM "PUD" (A PORTION OF SABAL BAY) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HAMILTON HARBOR PUD, IN ACCORDANCE WITI! AN INTERLOCAL GOVERNMENTAl. AGREEMENT BETWEEN TIlE CITY OF NAPI.ES AND COLLIER COUNTY, FOR A MARINA LOCATED WITHIN TIlE COLLIER COUNTY JURISDICTION, IN SECTION 23, TOWNSItiP 50 SOUTll, RANGE 25 EAST, COI.LIER COUNTY, FLORIDA, CONSISTING OF 21± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 10, 1986, the Board of County Commissioners of Collier County, Florida adopted the CDC PUD Ordinance No. 86-77, commonly referred to as the Sabal Bay PUD; and WHEREAS, a potlion of the Sabal Bay PUD property is proposed to be developed as a boat storage facility to be known as the Hamilton Harbor Planned Development; and WHEREAS. approximately 103 acres of tbe proposed Hamilton Harbor project are located within the jurisdiction of the City of Naples and approximately 21± acres are located within the jurisdiction of Collier Coumy. Florida; and WHEREAS, on April 13, 1999, the Board of County Commissioners of Collier County entered into an Interlocal Government Agreement wilh the City of Naples wherein it was agreed that the City would, among other things, adopt a PD Zoning District for the entire Hamilton Harbor project, including the 21± acres portion thereof situated in Collier County; and WHEREAS, on June 2, 1999, the City of Naples in accordance with the provisions of the aforesaid Interlocal Government Agreement adopted zoning for the entire Hamilton Harbor project including the 21+ acres thereof located within Collier County; and WHEREAS. on August 4. 1999, certain paragraphs of said Interlocal Government Agreement were amended to provide clarification, said amendment being agreed upon by the City and County; and WHEREAS, pursuant to the terms and conditions of the Interlocal Government Agreement, as amended. it is necessary for the Board of County Commissioners of Collier County to adopt a PUD fezone that implements and is consistent with the Interlocal Government Agreement, as amended, and the City of Naples' PD Zoning District for the 21-4- acre portion of the project lying within Collier County; and 17C WHEREAS, George L. Vamadoe, Esquire of Young, van Asscndcrp, Vamadoe & Anderson, P.A., representing Hamilton Harbor, Inc., petitioned the Board of County Commissioners of Collier County to change the zoning classification of the herein described real property from "PUD" to "PUD" in accordance with the terms and conditions of the PD Zoning District adopted by the City of Naples pursuant to the above-referenced Interlocal Government Agreement, as amended; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: REZONE FROM CDC PUD TO HAMILTON HARBOR PUD, The zoning classification of the following described land contained within the existing CDC PUD (Ordinance No. 86-77) and consisting of 21+ acres, as indicated on Official Zoning Atlas Maps numbered 0523N and 0523S, as described in Ordinance No. 91-102, as amended, is hereby changed from "PUD" to "PUD" in accordance with the City of Naples' PD Zoning Ordinance No. 99-8545 attached hereto and incorporated by reference herein: All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00"~06'04" West 2039.29 feet to the Point of Beginning of the parcel herein described; thence continue along said section line in the following two described courses: 1) North 00'~06'04" West 653.01 feet; 2) North 00'x'13'12" West 305.62 feet; thence leaving said section line North 89'~24'52" East 1333.23 feet; thence North 00"~32'30" West 30.00 feet; thence North 89'x'24'52" East 50.00 feet; thence South 00~32'30" East 537.45 feet; thence South 89'~29'24" West 916.48 feet; thence South 00'~06'04" East 453.00 feet; thence South 89"~29'24" West 470.01 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. The Official Zoning Atlas Maps numbered 0523N and 0523S, as described in Ordinance No. 91- 102, as amended, are hereby amended accordingly. SECTION TWO: ADOPTION AND RATIFICATION OF CITY OF NAPLES' HAMILTON HARBOR PD ZONING ORDINANCE TO COLLIER COUNTY PORTION OF HAMILTON HARBOR PUD. The land use, development and other standards contained within the City of Naples' Hamilton Harbor PD Zoning Ordinance (Ordinance No. 99-8545) attached hereto and incorporated by reference herein as Exhibit "A" are hereby adopted, ratified and made applicable to the herein described portion of the Hamilton Harbor PUD consisting of 21+ acres and being located in Collier County by the Board of County Commissioners of Collier County. : ' 17c SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~at.day o f ~g.~.II~,.__, 1999. .," ." -~"ATTEST: Approved ~ to Fo~ ~d Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Marjorie. M. Student Assistant County Attorney G:Xusers',,B£TSYX, WPS\ItAMILTON IIARBOR\PUD REZONE ORDINANCE.w'p,,I Book 112 · Page ,, 17C A~nd~ Item 15-b M~eting of 6/2/99 99-8545 AN ORDINANCE GRANTING PLAH~ED DEVELOPHENT PETITIC~ 99-R8 IN ORDER TO REZOHE 124 ACRES LOC~,~u~ ADJACENT TO AND SO%~H AND EAST OF BAXVIEW PARK FRC~ 'C," HEREIN; AND PBDVIDINO AN EFFECTIVE DATE. Collier Enterprises, petitioner and owner, has requested to rezone said property from "C," Conservation to "PD," Planned Development; and following a public hearing, the Planning Advisory Board has considered the recon~n~ndation of the staff and the public input and has recou~nended by a vote of 4 to 3 that Rezone Petition 99-R8 be approved; and After considering the recom~ndation of the Planning Advisory Board and City staff, following a public hearing on the subject, and providing the petitioner an opportunity to speak, the City Council has determined that the petition should be granted; NOW THEREFOr, ~ IT ORDAINED BY THE ~CIL OF THE CI~ OF NAPLES, FLORIDA: section 1. That Planned Development Petition 99-R8 is hereby granted, in order to fezone 124 acres located adjacent to and south and east of Bayview Park from ~C,# Conservation to 'PD,# Planned Development, more particularly described on the attached Exhibit "A". Section 2. Development shall be in compliance with the standards outlined in the Planned Development Document {Rezone to Planned Development and Conceptual Development and Site Plan Review ~pplication for Hamilton Harbor], attached hereto, with the exception of changes to the attached Planned Derelopement Document as follows: The Planned Development Document shall be -~vised to allow a 10-foot high fence along the northern property line. Section 3. The approval of Planned Development Petition 99-R8 is subject to the following conditions: The dry boat storage building shall be designed in accordance with Section 2.8 of the Collier County Land Development Code, with the following exceptions as agreed to by the Planning Advisory Board: 2.8.3.4.2 Pedestrian access shall be as shown on the conceptual general development and site plan; 2.8.3.5.2 Building orientation- windows are not required; 2.8.3.5.5 Messing standards - arcades and display windows; 2.8.3.5.7 Detail features; 2.8.3.5.10 Roof treatments; 2.8.3.5.12 Materials and color. 17( Ordinance gg-8545 Pag~ 2 The developer shall provide at least 5 acres of mangrove wetland mitigation. The location of all mangrove wetland mitigation areas shall be clearly indicated on the specific General Development and Site Plan, which will be reviewed by the Planning Advisory Board. The developer shall include the City of Naples in the p~ocess of determ/ning the location of all mangrove wetland mitigation areas. Section 4. The petitioner shall submit to the City Clerk an amended copy of the Planned Development Document which includes changes as noted in Sections 2 and 3 above. Section 5. The petitioner shall submit to the Planning Depart~e_nt an a~nended copy of the Planned Development Document which includes changes as noted in Sections 2 and 3 above. Section 6. This ordinance shall take effect immediately upon, and only upon, adoption by the City Council, and the subsequent effective date, of an ordinance adopting Small Scale Comprehensive Plan Amendment Petition 99-CPAS$3, amending the Future Land Use Map of the Comprehensive Plan, assigning a Waterfront Mixed Use Future Land Use designation to 5.5 acres of the subject property. APPRDVED AT FIRST READiNG THIS 19T}{ DAY OF MAY, 1999. PASSED AND ADOPTED AT SECOND READING AND PUBLIC H~.AR/NG IN OPEN AND REGULA~ SESSION OF THE CITY COUNCIL OF TKE CITY OF NAPLES, FLORIDA THIS ~ OF JUNE, 1999. .~ Bill Barnett, Mayor Attest: Ta-~a A. Normah, City Clerk M: \ ~E F% CCt~4C~ L\ O~O\ 99-~545 Approved as to form and legal-i=y:. Kenneth B. Cuyler, Cit~torney Ced as to accuracy: *Please refer to Resolutions and Ordinances Book 112-A for the Planned Dmx~lopmcnl Documenl iclcnfitied in Section 2 as armch~ *Pieasc refer Io Supplemental Map Dm~r 3 for Ddribits A fitrough D ofthc Planned l~dopment ~t EXHIBIT "A" (.Page 1 of 3) L~al Description All that part of'Sections 22, 23 and 27, Township 50.South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southea~ comer of said Section 22: thence alon~z the east line of said Section 27, South 00°25'29" West 2328.66 feet: thence leaving said section line South 89°32'18" West 1_88..8 fee:: thence North 00"27'34" West 331.71 feet: thence northeasterly 846.91 feet along the arc of a tangential circular cu~'e concave to the southeast having a radius of 800.00 feet through a central angie of 60°39'19" and being subtended by a chord which bears North 29°52'06" E~t 807.91 feet to a point of royce'st curvature: thence northerly 1011.26 feet along the arc of a tangential circular cur','e concave to the norxhwest having a radius of 750.73 feet through a central angle of77°10'a6" and being subtended by a chord which bears North 21°36'21" East 936.52 fee:: thence North 16~59'02" West 450.59 feet: .0 00 .9 East'~'~6 7'~ thence North ~ ° '~" __ . _ feet: thence northeasterly 113.41 feet along the arc of a tangential circular curve concave to the north~sest having a radius of 150.00 fee: throue_h a central angle of 43°19'08" and being subtended by a chord which be~s North '~ °"" .... .g _o 4.~ East 110.73 feet :o a point ofcom.~ound cur'varure: thence northerly 320.89 feet along the ~ of a tangential ci~uiar curve concave ;o the best having a radius of 480.00 f~t through a central angle of 38~18' IY' and being subtended by a chord which bears North 12°21'57" West 314.95 f~: :o a point of royce'so curvature: thence northerly 109.67 feet along the arc of a tangential cimular curve :oneave to the east having a radius of I00.00 fee: through a c:ntr'al angle of62°f0'Z0" and being subtended bye chord which bears North 00°05'54" West 104.26 fee: to a point of reverse :ur','arure: thence northeasterly 171.22 f~: along the arc of a tangential circular c'arvc concave :o the were having a radius of 180.00 feet through a central angle of 54°.',0'00" and being subtended by a chord which bears North 04~04'16" East 164.83 feet: thence North 23°10'44" West 123.01 fee:: thence northwesterly and easterly 197.05 feet along the arc of a tangential circular curve conDave to the southe:st having a radius of I00.00 f~t ~hrough a central ang!c of 11Z°54'00" and being subtended bye chord which bears North 33°16'16" East 166.68 feet: thence North 89°43'16' East 110.00 f~:: thence easteriy and northwestcriy 213.10 feet alonL., the arc of a tangential cfrc'alar curve zone:re :o the northwest having a radius of 100.00 fee: through a central angie of 122°06'00" and be/n_- sub:end~ by a _8 -,0 16" East [75.01 feet to a point o/' reve."se cur.'ature: chord which be. rs North ....' thence northerly and nonhezster!y 725.69 t~-" aion'.z .'.he' are of a '~ ,','~ ",' .... n .... U.l c~rcular zu,", e '-'~nc:ve :c. the ~aS; kayin'__' ', radius or' _;0.00 r~::t through .a c:ntrai 2n'_'ic ,~,:' n0: :. 0'29" and bain,__' 'which bezrs Ncr:h I ..... 2if' E'~s~ 70.S2 thence Noah £7~-:7'36" East 67.-:'6 fee:: ',.hence northerly and ncnhwester!y 194.01 :be:: aien._' :h.: ::re o:'a :a?ent~ai ci:':'.:?:r c:.:r.'e :ant--re :o the west having a radius of 75.00 tbet :hroueh a :entr:i ar.u_'!e or' i -$: '. 2'-'5" and being ;ub:end-'d by a chord ~ hich '~ers Nenh 16:1S'.:O" West 144.27 :L.-.:: thence South S?.~4'5 i- Wect 30.00 Page., EXHIBIT "A' (Page 2 of 3) 17C thence westerly and southwearily 157.08 feet along the are of a tangential circular curve concave to the southeast having a radius of 100.00 feat through a central angle of90°00'00" and being subtended by. a chord which bears South 44°34'51' West 141.42 feet: thence South 00°25'09" East 169.99 feet; thence southwe~erty 62.98 feet along the are of a tangential circular curve concave to the northwest having a radius of 50.00 feet through a camtral angle of 72~ 10'28' and being subtended by a chord which beats South 35'40'05" West 58.90 f~-~ thence South 71'45'19" Wear 116.O4 feet; thence southwesterly and southoily 24g.54 fe~t along the are of a tangential circular curve concave to the southeast having a radius of 150.00 fe:~ through a central angle of 94~56'03" and being subtended by a chord which bea~ South 24'17'18" We~ 221.07 therio-- South 23'10'4-4" East 123.01 feet; thence southerly and southwesterly 101.05 fe--r along the arc of a tangential circular curve concave to the northwest having a radius of 50.00 fe~.. through a central angle of 115:a7'.I I" and being subtended by a chord which bears South 34°43' 1.1" WeN ga.71 f~t to a point of compound curvature: thence northweste:ly .:.6.08 re-_: along the are of a tangential circular cu~'e concave to the northeast hayinc a radius of 220.00" , . _ _ ,e:. throueh a c.'ntral an-_le of66"41'3~" and being subtended by a chord which bears North 50,°02' I0" West 241.87 thence North 20°aI'2a" west 195.01 thence northeagerly 312.33 fee: along the are of a tangential circular curve concave :o the e~t having a radius of 280.00 feet through a central angle of63~54'a0" and being subtended by a chord which be. ass -1O North 11°15'56" East _.6.:9 fee: to a point of rcve:'se curx'anart: thence northeasterly, nort~herly and northwer. teriy 516.02 fee: along the arc of a tangential cite:slat curve concave to the west having a radius of 300.00 fee: through a c~'ntral angle of 98°33'08" and being subtended bye chord which bears North 06'03'I~" West a5,1.72 thenc: North 55:19'52" West 528.65 thence North 02'23'16" E~t 275.02 f~:; thence northeasteHy 77.62 fee: along the arc of a tangential cid'slat curve concave to the southeast having a radius of 50.00 re-.: through a central angle of g8'57'0-:'" and being subtended by a chord which Lears North s,6:51 '48" East 70.06 f~: to a point of r~x'e."se cuv,'ature: · thence nor',heasterty 731.46 re.-: along the arc of a tangential circular cur,'e concave to the ncnb having a radius of 1"00.00 fee: through a central angle of 34°55'29" and being subtended by a chord which bears North 73:52'36~ East 7"0.19 re'.: to a point of ru've~e cu~'ature: thenc: northe~terly, northerly and nonhw~terly I~4.:]8 re-.: along the art: of a tangential circuiat curve concave to the we~.~ having a radius of 50.00 fe:: through a central angle of 15a°33'a6" and being subtended by a chord which bears North 20°52'02" West 97.55 re.': to a point of re:'e."~e cur.'arure: thence westerly and northeas:e:Iv 71.31 f~: along the arc of a tangential c~r:.ular cur','e concave to the northeast having a radius o£ 35.00 f~: through a c~'ntral an~le o£ ~ [ 6"-'-"1S" and being sub~'.':.ded bye chord which bear~ Nor, h .::5°46'-'6" West f9.60 re::: :heat: Nor:3'.: $:.'.:"i_'-" E::s: 6.~.-'5 thence North th=nc." North thcnc= North th~nc= North thenc: South ~3"'9'.:9" F_::_~r 340.'37 07~00'50" E'-~: 161._<9 1]2°59'10" V,'e.~t 35.00 07"00'50" East 14.74 $9'15'.:i" Ea_~t flT.-'f 00"12'12" Ea_~: EXHIBIT "A" (Page 3 of 3) Book 112.P~gc , Z7C ~enc~ North 89'24'52" Eas~ 1333.23 feet ~enc~ North 00'32'30" W'es~ 30.00 £ee~ [h~c~ No~ 89~4'52" ~ 50.00 feet: ~ Sou~ 00"32'30" ~ 537.45 fce~ ~ ~u~ 89~9'24" W~ 916.48 fe:~ ~ ~u~ ~6'04" ~ 453.00 f~ ~ce ~u~ 89~9'24" We~ 470.01 fee~ ~enc: Sou~ ~'06'~" ~ 2039.29 rest to ~e Point of ~eginning of~e p~el herein d~: Subj~ m ~~ ~d ~ctions of ~o~. Containing 124~9 ac~ more or less. C~H~tc orau~oH~ion ~LB4~. 17C' STATE OF FLORIDA) COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ~s a true copy of: ORDINAIqCE NO. 99-68 Which was adopted by the Board of County Commissioners on the 28~". day of September, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of September, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk:'.~.,,'.'?~t?. Ex-officio to Board of County Commissioners By: Arlene J. Baker, Deputy Clerk Affidavit of Publication Naples ~aily Neus BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOx ~13016 NAPLES FL 341Dq-3016 REFERENCE: 0012~0 #916495 57931632 91-qO2/PUD-99-17 NCT State of F[ortda Co, inLy Of Collier ~efore the undersigned authority, personaLLy api~ear~ B. Lamb, uho on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the satd HapLea Daily Newa is a newspaper published at Naples, in said Collier C(xJ~lty, Florida, and that the said newspaper h~a heretofore been continuously pobttshed in aaid Collier Co~nty, Florida, each d~y mad h~$ b~on entered as second class Im~tter at the post office in Naples, in said Collier Cc~Jnty, Florida, for a period of 1 year n~xt preceding the first publication of the attached co~y of ~dverttseeent/ and affiant further ~ys that she has neither paid nor prc~misecl may person, firm or coporation any discount, rebate, co~aissio~ or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHEO 0~: 09/12 AD SPACE: 162.000 INCH FILED 0~: 09/13/99 Signature of Affiant ____j~J - /' ~ S~r. tO '~ Subscrib~ bef ..... this .~ day O~ '~ qg~'~ Per--kEy k~n by me~~ ..... :"J .... Chore) A. McDonald )une ~, 2005 To: XXX Normal legal Advertisemeal (Dispin)' Adv.. localion. etc.) COLLIER COUNTY FI.ORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC tiEARINGS Clerk to the Board: Ple.'lse place die follmvin,d as a: ?] Olher: Originating Dept/Div: Comm. Dev. Serv/Phlnning P,.rson Date: 7.,:,2/. Petition No. (If none. give brief dcscriplion): CU-99-14 Petiliooer: (Name & Address): Mr. Anthony Ross. _.2 ,'xlurra~ Hill Rd. Scarsdale. NY IO3X~ Name & Address o£any person(s) IO bc non fled b,. Clcrk's orficc 3806 Exchange Ax'cnuc. Naples. FL ':4 IO.1 %lr Torrance L Kcpplc. P E. Kcpplc Engineering. Inc. Hearing before XXX BCC BZA Other Nc~vspaper(s) to be used: [Complclc only if importanti: Based on ;~dx cniscment appear n~.days before hearing ."CXX Naples Daily News Olher [] Legally Required Proposed Text: CU-99-14. Terranee Kcppl¢. of Kcpplc Engineering. Inc.. requesting conditional use "4" or C.5 zoning districl for child day care sen'ices l~atcd on R;~dio Road. approximmcl5 3[~o I~ct cast,of Ai~n Road m Secuon 36. Township 49 South. Range 25 Easl. consisting of 066 acre~ Companion petition(s). if an)' & proposed hearing dale: Does Petition Fee include advertising cosF? [~cs [] No If Yes. ~hat account should ~ charged for advertising costs: Reviewed by: Approved by: 7- Division Head Date Comm' Manager Date List Attachmenls: DISTRIBUTION INSTRUCTIONS ho For hearings before BCC o:' BZA: initiatin,g person to cmnplctc one co.,,' and obtain Division !lead approval before submitting to Count.,,' Man:v,.,cr. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attornc.~ before .,~uhmitting to County blana~er. The Manager's office will distribute COlties: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Otl~cr hearings: Initiating Division head to approxc find stlblllll original to Clcrk's OiT~cc. retaining a cop)' for file. Date Received: ._~//2. ~,,/'.~.,~ Dale of Public bearing: . Date Advertised: RESOLUTION 99. A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD CARE FACILITY CONDITIONAL USE "4" IN THE C-$ ZONING DISTRICT PURSUANT TO SECTION 2.2.15'/2.3 OF THE COLLIERCOUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessar3' for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which inzludes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15'/~.3 in a C-5 Zone for a child care facility bn the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 oltre Land Developme~ Code for the Collier County Plav. ning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Tercance Kepple, P.E., of Kepple Engineering, Inc. representing Anthony Ross, with respect to the property hereinafter described as: Parcel "C". Replat Tract "B", Airpor~ Road Plaza as Recorded in Plat Book 28, Page 4, of the Public Records of Collier County, Florida be and the same is hereby approved for Conditional Use "4" of Section 2.2.151/:t.3 of the C-5 Zoning District for a child care facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials, according to LDC Section 2.2.15V:~.3.4(a). All areas and surfaces readily acccssible to children shall be free of toxic substances and hazardous materials, according to Land Development Code Section 2.2.15¼.3.4(a). The Site Development Plan shall indicate minimum open space of not less than 30 percent of the total square footage of Parcel "C". All open space to be used by children shall be bounded by a masonry wall, five feet in height, which complies with the applicable provisions of Land Development Code Division 2.8. The child care provider shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code, Chapter 10M-12, effective March 11, 1986, prior to issuance of an Occupational License. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary. to protect Ire discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site ms required in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final Site Development Plan approval. BE IT FLIRTHER RESOLVED that this Resolution be recorded in the minutes ofthis Board, This Resolution adopted after motion, .~econd and majority vote. Done this __~ day of__~, 1999. BOARD OF ZONING APPEALS COLLIER ~2OUNTY, FLORIDA BY: PAMELA S. MAC'KiE, Chairwoman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney g/,dmin/sue/CU-99-14/RESOLUTION -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 99 - !4 The following facts are found: Section 2.2.15~.3.4 of the Land Development Code authorized the conditional use. 2 o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency wiuh the Land Development Code and Growth Management Plan: Yes No Ingress an~egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or __ Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: ,2,800 sf' - N89'56'28'W PARCEL "~" N89'55'17'W 189.69' Building · .600 ~f PARCEL 'C' Drop-off / // ~ _ --""' ~ /~'" '.~" "c.u.r./ ~ 20.00" 24.13" sBg'56'28'F' 189.50' Radio Road Porking Requirements Doy Core Center 1 spoce/teocher 1 spoce/10 students ,,.,.. Day Care ~xH~6~T ,,~,, Thomas Moore July 23, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-99-14 Dear Pam: Please advertise the above referenced notice on Sunday, September 12, 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. 916495 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 28, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-99-14, Terrance Kepple, of Kepple Engineering, Inc., requesting conditional use "4" of C-5 zoning district for child day care services located on Radio Road, approximately 300 feet east of Airport Road in Section 36, Township 49 South, Range 25 East, consisting of 0.66 acres. NOTE: All 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 organizaticn 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, 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) 170 July 23, 1999 Mr. Anthony Ross 2 Murray Hill Road Scarsdale, NY 10583 Re: Notice of Public Hearing to Consider Petition CU-99o14 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure July 23, 1999 Mr. Terrance L. Kepple, P.E. Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition CU-99-14 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, Septeraber 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure FAX ~~ IO. PLES DAIL,¥ NEIJ~ , , , ELLIE HOFFIt4~N · |9 ,&2) 7'74-8,i06 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #916495 57932278 CU-99-14 NOTICE OF P State of Florida County of Collier B~fore the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper o~ 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 ne,aspaper 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 1 year next preceding the first publication of the mttached 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: 09/12 AD SPACE: 92.000 INCH F/LED ON: 09J13J99 ............................. ~- ........ ~-~ ............................... Signature of Affiant //~' Sworn to and Subscribed before me this~Jt-~day Pers~lly known by me ~ .~._-~_~ ~,_ )-~.\'1~- ~¥'~l'~:t. ~ ~. ~,: :~["" ~'~ ]une 29. 2003 :: CU-99-14 tourer, wlR h~d a the Boardroom, ;~ra Floor, Admlnl~atlon TI~I K~II~ m 6v th~ C~qlrman, a persons- wishing to o ml~ ~, 3 ~o PAMELA' ~ ~W~HT,~ E. 178 ', RESOLUTION 99-_2~0 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD CARE FACILITY CONDITIONAL USE "4" IN THE C-$ ZONING DISTRICT PURSUANT TO SECTION 2.2.151A.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15Vj.3 in a C-5 Zone for a child care facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Terranee Kepple, P.E., of Kcpple Engineering, Inc. representing Anthony Ross, with respect to the property hereinafter described as: Parcel "C", Replat Tract "B", Airport Road Plaza as Recorded in Plat Book 28, Page 4, of the Public Records of Collier County, Florida be and the same is hereby approved for Conditional Use "4" of Section 2.2.1555.3 of the C-5 Zoning District for a child care facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: -1- All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous malerials, according to Land Development Code Section 2.2.15 '/2.3.4(a). The Site Development Plan shall indicate minimum open space of not less than 30 percent of the lotal square footage of Parcel "C". All open space to be used by children shall be bounded by a wall, five feet in height, which complies ~vith the applicable provisions of Land Development Code Division 2.8. The child care provider shall comply with the State of Florida Department of' Health and Rehabilitative Seroices Child Day Care Standards, Florida Administrative Code, Chapter 10M-12, effective March II, 1986, prior to issuance of an Occupational License. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final Site Development Plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day o f ~,~::l:~x~,;~, 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman :'. ~". ATI'EST: -: :;. DWIGHT E. BROCK, Clerk "'-,~.,.'....:,.,.:,'. s lgnature only. Approved as to Form and Legal Sufficiency: Marjdhe M. Student Assistant County Attorney ~/ad rnirffsue/C U-99-14/RESOIo!.JTION -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17D CU-99-14 The following facts are found: Section 2.2.15~.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~s~ & egress Yes/~-~ No Affects neighboring properties in relation to noise, glare, e~omic or odor effects: No affect or __Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use wi~h~ district Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/FINDING OF FACT CHAIRMAN/CU-99-14 EXHIBIT "A" PARCEL '- S89'56'28"[ 189.50' Radio Road Perking Requirements Doy Core Center 1 spoce/teocher 1 spoce/10 students mm COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC i!EARINGS To: Clerk to the Board: Please place the following .as .'~: XXX Normal legal Advertisement (Display Adv.. location. etc.) [] Other: , . . Date: ?./'-/. Petition No. (If none. give brief description): V-99-12~' Petitioner: (Name & Address): Pizza Hut ol' America. Inc.. c/o Phil Orestee.~omar~ 999 9'~ S. #101. Naples, Fl., 34102 Name & Address ofany person(s) to be notified bv Clcrk's OIT~cc: William L. Hoover. AICP. Hoover Planning, 3785 Airporl Rd. N.. Suite B, Naples. FL 34105 Hearing before XXX BCC l~equcsted Hearing date: BZA Other Newspaper(s) to be used: (Complete only if important): Based on adxcrtiscmcnt appeari~55 ays before hearing. XXX Naples Daily News Other [] Legall.,,' Required Proposed Text: V-99-12. William L. Hoover. AICP. of Hoover Planning. representing Pizza Hut of America, Inc.. requesting an after-the-fact variance of 6.2 feet from the required 15 foot side yard setback to 8.8 feet for property located at 2013 C.R. 951. further described as Block 75. Golden Gate Unit 2. in Section 22. Township 49 South. Range 26 East. Collier Counh.', Florida. Companion petition(s). if an.,,' & proposed hearing date: Does Petition Fee include advertising cost? [~}4fcs [] No lfYes. what account should be charged for advertising costs: R~im~ by: r ~T-- l, ~ ~ t ~ Approved by: 1 Count.,,' Manager Date DISTRIBUTION INSTRUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary. legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Off',ce B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FORCLE~'S OFFICE USE ONLY:. ~/24/2~ Date AdventS: ~//~ff? Date R~iv~: ~//C/)2 Dale of ~blic hearing: .... RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-99-12. FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Cod', (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6.2-foot after-the-fact variance from the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", in a C-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the ufiincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-12 filed by William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved f~r a 6.2-foot after-the-fact variance from the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", of the C-4 Zoning Disu'ict wherein said property is located, subject to the following conditions: 1. Within 60 days of approval of this variance, the Petitioner shall submit a Site Development Plan to the Planning Services Director. The Site Development Plan shall depict existing conditions, in addition to landscaping required by the Land Development Code, and an architecturally finished masonry wall, six feet in height, around the south and west sides of the cooler. Between the wall and the south property line, the SDP shall depict a single row of a native hedge, three feet in height and planted three feet on.center. In the case of the removal of the cooler, or its destruction to an extent equal to or greater than 50 percent of the actual replacement cost of the cooler at the time of destruction, any replacement shall conform to the provisions of the Land Development Code in effect at the time of replacement. BE IT RESOLVED that this Resolution relating to Petition Number V-99-12 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: PAMELA S. MAC'KIE, Chairwoman Assistant County Aaomey 8/~lw~n/n~edV-99-12 RESOLUTION -2- Exhibit "A" oo98938 eroSNOV22 AN COLLIER COUNTY RECOROED (~TATlilOrr ~oI~-SECI~O# 61947 JOHN Im~II, ULICH Iii, P.Ac~ c::::) WILK[NSON-HEFFERT C0~TRUCTION CO. ANY, a Florida co.ration, d ~ ~ ~ ~11ier , ~ ~ Florida PIZZA HUT OF A~ERICA, INC., a Delaware corporation, TN O~ ....................... E ($1.) .............................. ~11$er A ~S of %~ %yJ~ ~n B%~k 7S. ~ ~te ~tt g. as ~ t, Plat ~ S. ~s ~ ~ ~. i~l~lw. ~ ~e ~11c ~s of ~llier ~ty. Florida. ~1~ ~m H~i~lirly ~scrl~ as foll~: ~l~ at ~ ~t ~r of said Bl~k 75. ~n East S~.~ f~t alo~ ~ ~ li~ ~ said 81~k ~ to an inte~tl~ ~1~ t~ ~s~rly ri~t~f-w~ 11~ ~ ~y ~ ~i e~ t~ ~ster{ ' lt~ of said Bl~k ~; ~e ~h 1~.~ f~ el~ said ~rly ri~f-vay li~ to ~ ~l~ ~ BEG{~IK of ~ ~tn ~i~ ~l; ~ ~l~ ~ 1~.~ f~ el~ said ~ of ~11ier ~y. Florida; ~ East ~.~ f~t al~ said ~ ~id ~1 ~ins 33.~ ~m f~t. mm or less. BY: July 16, 1999 MS. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V-99-12 Dear Pam: Please advertise the above referenced notice on Sunday, September 12, 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. 916495 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTeMBeR 28, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-99-12, William L. Hoover, AICP, of Hoover Planning, representing Pizza Hut of America, Inc., requesting an after-the-fact variance of 6.2 feet from the required 15 foot side yard setback to 8.8 feet for property located at 2013 C.R. 951, further described as Block 75, Golden Gate Unit 2, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. NOT~: All 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. 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 PAMELA S. MAC' KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) July 16, 1999 Pizza Hut of America c/o Phil Orestee 999 9th Avenue South, #101 Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition V-99-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure July 16, 1999 Mr. William L. Hoover, AICP Hoover Planning 3785 Airport Road North, Suite B Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition V-99-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure · tvROl[~ Ellie Hoffman r~x too, ,, (9~! ~-8~os mom~ m-. (9~,~.).,.77~-8~o6 '1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #916495 57931863 V-99-12 NOTICE OF PU 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 Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached ~ of advertising was published in said ne~spaper 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 l~Jbltshed in said Collier County, Florida, each day and has been entered as second class mail Imtter 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 proItSed 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: 09/12 AO SPACE: 96.0mDO INCH FILED ON: 09/13/99 S~orn to and Subscribed before me :his ~D.~ ~day of'~ 1~]~i .,~,'~:".~. Chanel A McDonald !~.[ :~ i;i MYCC,MM!S3iON * CC850752 EXPII~ES %~,..:...?i~;,~y ),,he 29, 2003 '~RY..I.",:" BONDED rH~'J T~Y ~Aif; INS~ANC~ 17E : ' V-~9.12 ' L ._ ~ ~,.~, ~n Floor, Admlnl~fr~tlen Nop~e~ 'Fl~ldo. :?The, ':~ V~l~ ~- ~ ~ rl ,1~ bY ' the,+, Chalrman?.~a' J ~ a .~ ~ ~i .~ OARD =Op COUNTY} O~~ ¥..:,.' -z OLLIER AME~f ~.~ ~K :. '.~ .~." ,z RESOLUTION NO. RELATING TO PETITION NUMBER V-99-12, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, 17E WHEREAS, the Legislalure of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of vahances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6.2-foot after-the-fact variance from the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", in a C-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-12 filed by William L. Hoover, AICP, of Hoover Planning, representing Pizza Hul of America, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 6.2-foot after-the-fact variance from the required side yard setback of 15 feet to 8.8 feet as shown on the attached plot plan, Exhibit "A", oltre C-4 Zoning District wherein said property is located, subject to the following conditions: 1. Within 60 days of approval of this variance, the Petitioner shall submit a Site Development Plan to the Planning Services Director. The Site Development Plan shall depict existing conditions, and, in addition to landscaping required by the Land Development Code between the wall and the south properly line, the SDP shall depict a single row of a native hedge, three feet in height and planted three Feet on-center. -1- 17E In the case of the removal of the cooler, or its destruction to an extent equal to or greater than 50 percent of the actual replacement cost of the cooler at the time of destruction, any replacement shall conform to the provisions of the Land Development Code in effect at the time or replacement. BE IT RESOLVED that this Resolution relating to Petition Number V.99-12 be recorded in the minutes of this Board. This Resolution adopted alter motion, second and majority vote. Done this __~x~T_.I:L.~ day of ~3~, 1999. ATTEST:. · DWIGHT'E, BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLgRIDAj/(.' PAMELA S. MA~ Chairwoman Marjoit/~ M. Student~ Assistant County Attorney g/adrnin/suedV.99-12 RESOLUTION -2- C-.~ Zoning Vocon ~ z 150.00' 15. IOJ. 20' C.£. 951 17E Exhibit "A" COLLIER COUNTY RECORDED ($TXT~O~ FO~-Si~ION 419.01 $OHN PAULICH III, P.A,C~ c:~ 17 WILKINSON-MEFF£RT CONSTRUCTION COMPANY, a Florida corporation, ~ ~ ~ ~111er . ~ o~ Florida PIZZA HUT OF ~ERICA, INC., a Delaware co.ration, ....................... TEH (S10.00) .............................. ~ ~. ~. ~ m~ ~ ~ ~l~ier C~. ~. ,~.~,, A panel of ]a~ ~y~ [n ~%ock 75, ~[den ~%e ~lt 2, as ~ In ~k ~, ~s 65 ~ ~, ~usive. of ~e ~bIlc ~s of ~l:ler County, ~l~ at the ~st ~r of said Block 75, ~n last 530.00 f~t t~ ~h ~ of said ~l~k 75 to ~n [~te~tJo~ w~ the ~terly right.f-way ]~ ~ ~y ~ 95~ ~ t~ ~$ter; · l$ne of ~a[d 8I~k 75; ~e~e %~.~ f~t a]ong $a~d ~$~r~y rlght~f-~ay ~ to the ~[NT OF BE~%NN%NG ~s~rIy r~g~-w~y; ~ ~st Z20.~ f~t; t~nce ~h 150.00 f~t to the ~ %l~ of t~se l~s ~sc~l~ $n ~ ~k %~, Page %~9), of t~ ~$~ ~ the ~[~ OF BE~%MNING. ~$d panel ~ntains 33,~0 squa~ f~t, ~ or %ess. ~ECT ~ eu~t~, ~strl~ons and ~e~at~ons of ~. STAT~ C~ FI.~11~ cou~rt c~ C~m$g L. Nefferr, as Pres$~ent o~ W~lk~nson-~ffert Construction Co~pany Docu .rn, emro~ S~rnp 'Fox Ccl~k:r Count Exhibit "B" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Plea.~e place the follmrin~ a.~ u: XXX Normal legal Advertisemeal [~r: (Display Adv,, localion. etc.) I1 Originating Depg Div: Comm. Dcv. Sc~'.~lanning Person: ~ Petition No. (lf none. give brief~scripl~on): DOA-99-o2 Petitioner: (Na~ne & Addrcss):~Dcwcy R, O;~rgmlo. 649 3"' Avcmt~outh. Suite 221. Naples. FL 34102 Name & Address ofanv ~r~n(s) m ~ notified by Clcrk's Off~cc ~arcn K. Bishop. PMS of Naples. Inc.. 2335 Tamtaint Trail North. Suite 408. Napl~L 34 IO37 Mr. Dnnicl TrcscmL Soufimcst Florida Regional Planning Council. PO Box 3455. N. Myers. FL 33918-3455~r, S~evcn Alkins. Planner. Development of Regional Impacl SecUon. S[alc of Florida. DcpL of Community Affairs. 2740 Ccntc~'icw Drive. Tallahassee. Florida .,~3 )) Hearing before XXX BCC ~~__.~OIhcr Requested Hearing date: "~' / ' '" Newspaper(s) to be used: (Cbmplctc only if impon;ml): Based on adx crusemeat appearing 13 days before hearing XXX Naples Daily News OIhcr [] Legally Required Proposed Text: DOA.994)2. Karen K. Bishop of PMS. Inc. of Naples. representing Dewey R, Gargiulo and Michael Proeacci, Trustees. and Ronto Development Group. requesting an amendmeal to lhe Parklands Development of Regional Impact (DRI), Development Order 85.4. as amended. for the purpose of cxlcnding Ihe date by which time substantial developmen! was to have begun from March 14. 2000 to March 11. 2003. For propen?' located in Section 9. Township .18 South, Range 26 East. Collier CounD', Florida. C~.panion petition(s). if any & proposed hearing date: Petition Fee inclug..5 '~tL.~Ycs [] No I£'(cs. ~ hal ;~ccounl should be charged for advertising costs: l~e¥ieweI !~': ~ ~ ~ Approvcd List Attachments: DISTRi BUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is invoh'cd, be .sure that any necessary, legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] OHginal Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. DEVELOPMENT ORDER RESOLUTION NO. 99 1/F A RESOLUTION AMENDING DEVELOPMENT OP. DER 85- 4, AS AMENDED OF THE PARKLANDS DEVELOPMENT OR REGIONAL IMPACT (DRI), BY PROVIDING FOR SECTION ONE TO AMEND THE DATE THE DEVELOPMENT REMAINS IN EFFECT WHILE EXTENDING THE DATE BY WHICH YIME SIGNIFICANT PHYSICAL DEVELOPMENT IS TO BEGIN; SECTION TWO, FINDINGS OF FACT; SECYION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 85-4 as amended (the Development Order) on September 10, 1985, which approved a Development of Regional Impact (DRI) known as Parklands; and WHEREAS, an appeal by the Department of Community Affairs resulted in a settlement which was approved on March 12, 1986 establishing the tolling date for purposes of this Development Order; and WHEREAS, the Board of County commissioners approved Resolution Number 93-288 which amended the Parklands Development Order, on July 27, 1993 having the effect of extending the date from 10 years to 14 years from the date of approval for initiation of significant physical development; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of' the DRI property desire to again extend the time that the development order remains in effect; and WHEREAS, Neale Montgomery, of Pavese, Garner, Havenfield, Dalton, Harrison & Jensen, L.L.P. and Karen Bishop, of PMS, Inc., representing Dewey R. Gargiulo, and Michael Procacti, Trustees, and Ronto Development Group, petitioned the Board of County Commissioners of Collier County, Flohda, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Reg/onal Planning Council (SWFRPC) and held a public hearing on the petition on September 2, 1999; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council Words underlined are additions; Words ~ are deletions 1'? F (SWFRPC) and the Collier County Planning Cornmission and held a public hearing on the petition on September 28, 1999; and NOW, THEREFORE, BE iT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE; AM~'NDMENT OF DEVELOPMENT ORDER Paragraph 3 of an untitled section to Development Order 85-4, as amended, the Parklands, is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced ~ by March 11, 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be e~ended by the Board o£ County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. SECTION TWO: FINDINOS OF FACT A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. The applicant proposes the development of the Parklands on 642.2 acres of [and for mixed residential uses and golfcourse/recreation open space. D. The requested amendment to the previously approved Development Order is consistent with the report and review ofthe SWFRPC, E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designed an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION ~E: CONCLUSIONS OF LAW A. The requested amendment it the previously appro,(ed Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of' the adopted State Land Development Plan applicable to the area. words underlined are additions; ',4orcls ~ are delet±ons -2- C. The propos~ amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan ~md the Land Development Regulations adopted pursuant thereto. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION FOUR: EFFEgT OF pREVIOUSLY ISSUE D VEL P NT R TRANSMITTAL TO DQA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85-4 shall remain in Full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shal) take precedence over all other applicable previous Development Orders which are in conflict thereof.. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Resional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that t~is Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk PAMELA S. MAC'KLE, Chairman Approved as to Form and Legal Sufficiency Assistant County Attorney UDOA-99-ZI2 Words underlined are additions; Words ~ are deletions FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA DEPAR~ OF COM~fUNITY AFFAIRS DIVISION OF RESOURCE PLANNTNG AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 9O4-488-4925 DOA99-02 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 350.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DR/be made to the local goverrunent, the regional planning agency, and the state land planning agency according to tMs form. 1. l,.Karen Bishop, am the undersigned authorized representative of Ronto Development Group. Mr. Dewey Oargiulo and Mr. Michael Procacci, Trustees, are the owners of the subject property. The owners do hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In ~upport thereof I submit the following information concerning the amendment which information is ~ and corro:t to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to CoLlier County, to the Southwest Florida Regional Plannin8 Council, and the Bureau of State Platming, Dep~rtment of Community Affairs. C: \ WP~ATA~ ~\ ~ONTO\ COLL I £R. NO~ 2. Applicant (name, address, phone). Ronto Group 3185 Horseshoe Drive South Naples, Florida 34104 (941) ~9-63 l0 3. Authorized Agent (name, address, phone). Ne. ale Montgomery Paves~, Garner, Hayerfield, Dalton, Harrison & Jensen, L.L.P. 1833 Hendry Street, Post Office Drawer 1.507 Fort Myers, Florida 33902-1507 (941) 3'4-2195 Ka~en Bishop PMS, Inc. 2335 Tamiami Trail North,//408 Naplea, Florida 34103 (941) 435-9081 Location (City, County, Township/Range/Section} of approved DRI and proposed change. The property is located in Section 9, Township 48 South, Range 26 East, Collier County, Florida Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The application is a request to amend the date for commencement of' the project. The ~ date was e~blished in the Development Order 85-4, on page 29, paragraph 3. The date for commencement was ten years from the date of'development approval. The original DR1 DO was appealed, so the date of development approval was subsequent to the September 1985 approval. The applicant would submit that the actual approval date was on or about March 12, 1986 because that is the date the Final Order of Dismissal was filed by \ I~P~ATA~ NI~\ RC~tTO\ COLL 1: E R. NO P 2 the Florida Land and Water Adjudicato~ Commission. The ten-year period to commence would have exp~ed, under this calculation, on or about March 12, 1996. The time frame for commencement was extended by Resolution 93-288/Development Order 93-1 for a 4-year period. The language was amended to provide that the development would have to continence in 14 years. The time to commence is at the present time, March 12, 2000. The applicant is working to develop its development plans for the property, and preliminary work on the drainage, transportation and other issues is ongoing. The applicant is going forward and spending money in reliance on the DR/DO. The applicant does not want to work ttu'c~gh all of the development and permitting issues only to find that they have run out of time, They are also concerned that commencement does not include roads and landscaping. One of the first steps in the development of the project will be the roads, drainage,, and oth~ infi'astructure. The applicant does not want to find itself with a significant investment in roads and drainage which is definitely commencement from the applicant's perspectb~ but whJ. ch isn't commencement from the perspective of the DR/DO, and find it has run out of time to commence. Thus, the applicant is hereby requesting an extension of the commencement date established in the DR/DO for a period of less than seven years. The applicam previously requ~ a *.year 364-day cxlc~on, but the extension that was actually apprctv~! was a *-year extension. Thus, this request is for a 2-year 364-day extension. That would place the date for commencement at March 11, 2003. Section 380.06(19), F.S. r~es extensions of'the build-out date. The applicant is not asking to extend the date for completion of' the project, the applicant is merely requesting an extension or the date to commence. The applicant envisions initiating work in the Lee County portion of the project. The pro formas for the project are based on the entire Parklands DR/. The economic feasibility oCthe project depends upon the ability of the applicant to complete the entire DR/. The actual language change is as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within fottrtven Oy March !1. 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon requ~:st by the Developer in the event that uncontrollable circumstances delay the commencement of' development. Complete the attached Substantial Deviation Determination Chart for aU land use types approved in the development. If no change is proposed or has occurred, indicate no change. F:\WPDATA\NM\RONTO\COLLIER.NOP There is no need to provide a substantial deviation chart because there is no change to any of the land use types. '7, List all the dates and resolution numbeta (or other appropriate identification numbers) of all modif, cations or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e.., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There has been no change in the local government with jurisdiction over the project. The DO was previously amended by Development Order 93-IrResolution Number 93-288. The prior change rernovo:l the I/: section (East V: of Section 8) of land from the DPd, adjusted the rambet oftmits to reflect the removal of the East V: of Section 8. The change did not adjust the mitigation to reflect the reduction in impacts. go Describe any lands purchased or optioned within 'A mile of the original DRI site subsequent to the original approval or i.~uance of the DRI development order. Identify such !and, its size., intended use, and adjacent non-project land uses within ~/; mile on a project master site plan or other map. The owners of the DRI have not purchased additional lands within '/, mile of the original DRI site. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The change is less than 4~/o of the criteria listed in Paragraph 380.06(19)(o), F.S. 10. Does Use proposed change result in a change to the buildout date or any phasing date of the project: If so, indicate the proposed new buildout or phasing dates. Yes, the change results in an extension of the date for commencement of development. 11. Will the proposed change require an amendment to the local government comprehensive plau? x No, the change will not require an amendment to the comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code: F:\WP~TA\NM\RC~TOX COLLIER.NOP 4 17F 12. 13. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development m~ler conditions. The master site plan has not been changed significantly from the Map H on file. Pursuant to Subsection 380.06(19)(0, F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and built-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change: Please refer to the response to question 5. for the precise language. The amending language is r~tated below: This Development Order shall remain in effect for the duration ofthe project. However, in the event that significant physical development has not commenced wiqn~n foxm'een ~<~Cc,~IJ~_Ze~ in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time pedod may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the con'Lmencement of development. 17F August 24, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition DOA-99~02 Dear Pam: Please advertise the above referenced notice on Sunday, September 12, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincereiv, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 916495 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 28, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition DOA-99-02, Karen K. Bishop of PMS, Inc. of Naples, representing Dewey R. Garguilo and Michael Procacci, Trustees, and Ronto Development Group, requesting an amendment to the Parklands Development of Regional Impact (DRI), Development Order 85-4, as amended for the purpose of extending the date by which time substantial development was to have begun from March 14, 2000 to March 11, 2003, for property located in Section 9, Township 48 South, Range 26 East, Collier County, Florida. NOTEs All 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. All material used in presentations before the Board will become a permanent part of the record. D~ny 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. BO;LRD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 17F August 24, 1999 Mr. Dewey R. Gargiulo 649 5~h Avenue South, Suite 221 Naples, FL 34102 Re: Notice of Public Hearing to consider Petition DOA-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 17F August 24, 1999 Ms. Karen K. Bishop PMS of Naples, Inc. 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition DOA-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure August 24, 1999 Mr. Daniel Trescott Southwest Florida Regional Planning Council P.O. Box 3455 North Ft. Myers, FL 33918-3455 Re: Notice of Public Hearing to consider Petition DOA-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure August 24, 1999 Mr. Steve Arkins Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Notice of Public Hearing to consider Petition DOA-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 12, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure NAPLES DAILY NEWS 263-~703 ELLIE HOFFMAN ~ ~o: (9¢1) '7'71-8106 'l Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #916495 57932~88 bOA-99-02 NOTICE OF State of Florida Count~ of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached co~y of 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 Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication cf 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 publicatio(~ in the said newspaper. PUBLISHED ON: 09/q2 AD SPACE: 104.000 INCH FILED ON: 09/13/99 ...... + ........................... Signature of Affiant ~7~_~~ S~orn to and Subscribed before me this ~ay Personally known by me ~'~ ~ ..~... ~..~,.~ Cb~'neJ A. McDonald ~.i r,-~j i'i MYCOMM. I.~DON # CC850752 EXPIRES .... ]one 29, 2003 DOA-9¥-U'Z NOTICE OF . PUI~LIC HEARING C~nmls~ of _meGring ~ Tuesday, the Bpardroom~ 3rd Floor/ Aclmlnlstratlon EQst Tamlaml Trail, N~Iel~ 'Fl~lda~ The ~cl, T~, Ranto Development gmendm~n~ut~. ~arklonat DeVelOp- m~ ~ R~ pact ' '(D R I), Development: Order ~ ~egun ~ M~rch TownsHl~ 4~ NO~l ~ ~ ~ll ~ Ilm~ ~ S mt~ ~ ~ by, the Chairman, ~a Persons wishing ~llc ~ I ~ ~ ~ ~lng, ~ BOARD', OF. COUNTY COLLIER? ~COUNTY, PAMELA:; X ~ MAC'KIE DWIGHT'~E. BROCK DEVELOPMENT ORDER 99- 3 RESOLUTION NO. 99 - 382 17F A RESOLUTION AMENDING DEVELOPMENT ORDER 85- 4, AS AMENDED OF THE PARKLANDS DEVELOPMENT OR REGIONAL IMPACT (DRI), BY PROVIDING FOR SECTION ONE TO AMEND THE DATE THE DEVELOPMENT REMAINS IN EFFECT WHILE EXTENDING THE DATE BY WHICH TIME SIGNIFICANT PHYSICAL DEVELOPMENT IS TO BEGIN; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 85-4 as amended (the Development Order) on September 10, 1985, which approved a Development of Regional Impact (DRI) known as Parklands; and WHEREAS, an appeal by the Department of Community Affairs resulted in a settlement which was approved on March 12, I986 establishing the tolling date for purposes of this Development Order; and WHEREAS, the Board of County commissioners approved Resolution Number 93-288 which amended the Parklands Development Order, on July 27, 1993 having the effect of extending the date from 10 years to 14 years from the date of approval for initiation of significant physical development; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to again extend the time that the development order remains in effect; and WHEREAS, Neale Montgomery, of Pavese, Garner, Havenfield, Dalton, Harrison & Jensen, L.L.P. and Karen Bishop, of PMS, Inc., representing Dewey R. Gargiulo, and Michael Procacci, Trustees, and Ronto Development Group, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on September 2, 1999; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council Words underlined are additions; Words ~ei~k--~h are deletions 17F (SWFRPC) and the Collier County Planning Commission and held a public hearing on the petition on September 28, 1999', and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVEL PM NT RDER Paragraph 3 of an untitled section to Development Order 85-4, as amended, the Parklands, is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced wigsm-fo',v~-~w~ars 11 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant proposes the development of the Parklands on 642.2 acres of land for mixed residential uses and golfcourse/recreation open space. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designed an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. ECTI~ CONCLUSIONS ~ LAW A. The requested amendment it the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. Words underlined are additions; Words ~ are deletions -2- 17F 't C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECTOFPREVI SLaY SS EDDEVELOPMENT RDER . TRANSMITTAL TO DCA AND EFFE(~TIVE DATE A. Except as amended hereby, Development Order 85-4 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over all other applicable previous Development Orders which are in conflict thereoE B. Copies of this Development Order _~t'3 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of~ 1999. ATTEST: DWIGHT E/BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COk:klER COUNTY, FLORIDA / ///~ ~ ~ ~~ Attest ~s to s Ign~ture only. Approved as to Form and Legal Sufficiency Marj~~'~ Assistant County Attorney 17DOA.99..02 Words underlined are additions; Words deletions '3- are 1.7F STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904-488-4925 FORM RPM-BSP-PROPCHANGE- 1 JUN 1 1999 D0^99-02 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRD SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional plannin8 agency, and the state land planning agency according to this form. l. I; Karen Bishop, am the undersigned authorized representative of Ronto Development Group. Mr. Dewey Gargiulo and Mr. Michael Procacci, Trustees, are the owners of the subject property. The owners do hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the amendment which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and the Bureau of State Planning, Dep~ment of Community Affairs. Dat - Karen Bishop ' F: \WPDATA\ NM\ RONTO\ COLLI £R. NO P e Applicant (name, address, phone). Ronto Group 3185 Horseshoe Drive South Naples, Florida 34104 (94 I) 649-6310 Authorized Agent (name, address, phone). Neale Montgomery Pavese, Gamer, Hayerfield, Dalton, Harrison & Jensen, L.L.P. 1833 Hendry Street, Post Office Drawer 1507 Fort Myers, Florida 33902-1507 (941) 334-2195 Karen Bishop PMS, Inc. 2335 Tamiami Trail North,/~us, 08 Naples, Florida 34103 (941) 435-9081 Location (City, County, Township/Range/Section) of approved DRI and proposed change. The property is located in Section 9, Township 48 South, Range 26 East, Collier County, Florida Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The application is a request to amend the date for commencement of the project. The commencement date was established in the Development Order 85-4, on page 29, paragraph 3. The date for commencement was ten years from the date of development approval. The original DRI DO was appealed, so the date of development approval was subsequent to the September 1985 approval. The applicant would submit that the actual approval date was on or about March 12, 1986 because that is the date the Final Order of Dismissal was filed by F: \HPDATA\ N~\ ROHTO\COLLI gR. NO P 17F the Florida Land and Water Adjudicatory Commission. The ten-year period to commence would have expired, under this calculation, on or about March 12, 1996. The time frame for commencement was extended by Resolution 93-288/Development Order 93-1 for a 4-year period. The language was amended to provide that the development would have to commence in 14 years. The time to commence is at the present time, March 12, 2000. The applicant is working to develop its development plans for the property, and preliminary work on the drainage, transportation and other issues is ongoing. The applicant is going forward and spending money in reliance on the DRI DO. The applicant does not want to work through all ofthe development and permitting issues only to find that they have run out of time. They are also concerned that commencement does not include roads and landscaping. One of the first steps in the development of the project will be the roads, drainage, and other infrastructure. The applicant does not want to find itself with a significant investment in roads and drainage which is definitely commencement from the applicant's perspective, but which isn't commencement from the perspective of the DILl DO, and find it has run out of time to commence. Thus, the applicant is hereby requesting an extension of the commencement date established in the DRI DO for a period of less than seven years. The applicant previously requested a 4-year 364-day extension, but the extension that was actually approved was a 4-year extension. Thus, this request is for a 2-year 364-day extension. That would place the date for commencement at March 11, 2003. Section 380.06(19), F.S. regulates extensions of the build-out date. The applicant is not asking to extend the date for completion of the project, the applicant is merely requesting an extension of the date to commence. The applicant envisions initiating work in the Lee County portion of the project. The pro formas for the project are based on the entire Parklands DRI. The economic feasibility ofthe project depends upon the ability of the applicant to complete the entire DRI. The actual language change is as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced Mh'-fin frrcrneen bY March 11, 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. F: \WPBATA\NM\ RONTO\COLLI ER. NOP 3 e 17F There is no need to provide a substantial deviation chart because there is no change to any ofthe land use types. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Itas there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There has been no cl~nge in the local government with jurisdiction over the project. The DRI DO was previously amended by Development Order 93-1/'R. esolution Number 93-288. The prior change removed the '/2 section (East IA of Section 8) of land from the DRI, adjusted the number ofunits to reflect the removal ofthe East '/2 of Section 8. The change did not adjust the mitigation to reflect the reduction in impacts. Describe any lands purchased or optioned within IA mile of the original Dill site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within t/, mile on a project' master site plan or other map. The owners of the DRI have not purchased additional lands within 'A mile of the original DRI site. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The change is less than 40% of the cdteria listed in Paragraph 380.06(19)(b), F.S. 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? Ifso, indicate the proposed new buildout or phasing dates. Yes, the change results in an extension of the date for commencement of development. 11. Will the proposed change require an amendment to the local government comprehensive plan? No, the change will not require an amendment to the comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code: ~': \WPDAT/~\NM\ RONTO\ COLLIER. NOP 4 12. 13. 17F An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. The master site plan has not been changed significantly from the Map H on file. Pursuant to Subsection 380.06(19)(0, F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and built-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change: Please refer to the response to question 5. for the precise language. The amending language is restated below: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced ~,i~,~-,:,a fourteen by March 11, 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. F:\WPDATA~M'~RONTO~OLLIER~ NO P 5 September 30, 199 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Development Order 99-3/Resolution 99-382, Parklands Development of Regional Impact Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, September 28, 1999. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk /ejh Enclosure 17F September 30, 1999 Mr. Steve Arkins, Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re: Development Order 99-3/Resolution 99-382, Parklands Development of Regional Impact Dear Mr. Arkins: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, September 28, 1999. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk /ejh Enclosure D BUSH Go,,~rnor STATE OF FLORIDA EPARTMENT OF COMMUNITY AFFAIRS 'Helping FIoridians create safe, vibrant, sustainable communities' STEVEN M. S£1BERT S~retary November 5, t999 Ms. Ellie Hoffman, Deputy Clerk County of Collier Collier County Court House 3301 Tamiami Trail Eas! Naples, Florida 34101-3044 Re: Parklands DRI: File No. ADA-0984-055 Adopted Amendment to the Development Order Dear Ms. Hoffman: We have received the adopted amendment to tile development order (D.O.) t~r the Parklands Development of Regional hnpact (DRI). The D.O. was rendered to the Dcparlmcnt on October I, 1999, and received on October 4, 1999. II has been determined that lhe development order amendmen! meets the requirements of Section 380.06(15), Florida Statutes, and Rule 9.1-2.025, Florida Administrative Code. The Department has no comments relating to the subject development order amendment and will not appeal its adoption. If you have any questions or comments concerning Illis matter. please call Jeffrey Griswold, Planner, at (850) 487-4545. Sincerely, Growth Management Administrator BC/jlg Mr. Wayne Daltry, Southwest Florida Regional l)lanning Council Mr. Neale Montgomery, applicant's representative Ms. Karen Bisi~op, applicant's representative 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-B466 FAX: (850) 921,0781/Suncorn 291.0781 Internet address: hltp://www.slate.fl.usJcomafl'/ FLORIDA Area of Ceillea! Sure Concern F~eld Office 2796 O~ene.~s Hijhw~y, Suite 212 Critical $',~te Concern F;etd OffiCe 205 las~ ~UJ~ 5~e~. Suite 10.1 B,lec, w. Iqor~a