The URL can be used to link to this page

Backup Documents 04/27/1999 RBCC REGULAR MEETING OF APRIL 27. Naple~ Daily flews Nap[es, FL 34102 Affidavit of Publication Naples Daily News BOARD OF CO4JNTY COMH[SSI~iEaS ATT)I: TOflYA PHILLIPS PO BOX 413016 HAPLES FL 341Ot-3~ REFERENCE: 001~30 #91273) 57~m,67701 )~tICE OF PUBLIC HEE State of FLorida County of Cottier Before the u~Jersigne~J authority, personally appeared B. Lamb, ~o o~ Oath says that she serve! as the Assistant Corporate Secretary of the Deity He~s, a daily newspaper p~blished at ~n CoLlier C~nty, FLo,ide: that the c~y of Advertisi~ ve~ ~jbti/hed in said n~s~per ~ date~ Affiant further smys that the said N~p[e~ Dei[7 N~S ts m n~per ~b[i~h~ et Naples, in Cot[imf C~nty, Florida, e~ that the ~a(d n~,~per has heretofore been c~tinu~Js[7 ~b[tsh~ tn said (o[[ier Cm~nty, r[ortd~, each day e~ ~s ~en enter~ ms seco~ ckess ~tter mt the ~st office in )lap[et, tn Co[tier C~nty, Ftorida, for ~ pert~ of 1 year next prec~i~ the first ~b[icmtion of the ettach~ copy of advertisement; a~ effimnt further sm7s that she has neither paid nor pr~is~ any per~, firm or co~r~ti~ any d~sc~nt~ re~te~ commisii~ or refu~ for the ~r~se of securing this advertisement f~r ~b[tcati~ in the said ne~paper. PUBLISHED OH: 04/25 NOTICE OF F%~L lC MEETIt~G BOARD OF COUNTY COMNI, ISSIONER S, COLLIER COUNT Y, FLO~A 9~ N~lce Is h~e~ t~ ~ C~ller ~ Third F~ ~ ~e Ad- mlnl~l~otlon Building DUllY Government ~e ~ve S~ a~ ~e. C~les o~ ~e ~ ~ ~d mee~ng will ~ ~ orville to ~ County A~lnlstrotor, r I~ ~ time. Any ~r~ ~ ~ ~d will ne~ o re- c~d ~ ~ pr~eedl~s ~e ~Y ~ to e~e ~ o ve~m cord includes fha to ~ ~d. BOAR[:) O~ COUNTY COM~I~ONER S COLLIER COUNTY, ~L~A ~HAIR~O~AN DWIGHT E. BROCK, CLERK Signature of Affiant 2' - ~,-~7~.- ...... ,~' '/' ~'~/'~'"Z7 Sworn to and Sub~crih~J hef/~e me thi-,./f'~ ' dal of,~ ,/1 AD SPACE: 55.CX30 INCH FILED ~l: 04/26/99 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 27, 1999 9:00 a.m. N()'I'I('E: Al.I, I)I-~I~,S()NS %%lSIllN(;TO Si'E..~.K ()N ..\N%' .\(;ENI)A I'I'E~I .~I['~T i~,E(;I.',;'I'I-~R I'RI()I~ T() .";I)I'~AKIN(;. SI'E..\KEI~.S .Xlt,'.%'l' RI.;(;IS'I'i'~I~, '~%'1'1'11 TIlE ('OU.NTY AI).XlINI.~TILVI'()R PRIOR TO TIlE I,I~,I-:.%ENT,VI'I().x ()1.' 'I'IIE I'I'E.Xl '1'() BE .-\I)I)I~,I-~S.c, EI). (7OI,I,IER ('I)UN'I"~' ()RI)iNAN(;E .N(). 99-22 I~Ef,)I;IRE.% TIIAT Al.I. I,()IlIIYIS'I SIIAI.I., I~EF()RE EN(;A¢;IN(; IN ANY I.()IIBYIN(; A('TIVI'I'iES (IN('I.I~I)IN(;, BUT N()T I.I.~IITI:.I) T(), AI)I)RES.qI.N(; Till-; H().\RI) ()I" ('()t'N'I'Y ('().~I.MISSI().N'ERS), RE(;ISTI';R V,'ITI! TIlE (;I.ERK '1() Tile II()..~,RI) .Vi' '1 lie B().XRI) 311NI"I'ES .~,NI) I(E('()RI).% I)EPARTME.NT, I~,EQI,;E.',;'I'S '1'() ..\I)I)RI-~SS TIlE BOAI2,1) ON SUIi. II-N"I'.% xVIIl('ll .\Ri.: N()T Tills .'~(;ENi).~ %Ir'ST BE .%I.;ILXlI'I'TEI) IN %VI~,I'I'IN(; ',,VITIi EXI'I,ANATI().N '1'() TIlE ('()l,'N'l"~' ~.I)3II.N'I.',;TIL.\'I'()R AT I.EA.qT 13 1).\~ 'I'ilE .XlI.~E'I'IN(; .\NI) \x, I1.1. BE IIEARI) t'NI)ER "I't'BI.I(' i'E'I'ITI().N.~". A.NY I'EItS()N XVII¢) I)E('II)I'~S 'I'() AI~I'I'~:\I..\ i)E('ISI()N ()1" 'l'lll.~ B().\RI) V, II.I. .NI.~EI) .\ RI-;('()RI) ()1: TIlE I'R(J(;I'~EI)I.N(;S I'Ei~'i'AI.NI.\(; 'I'IIi';I~,E'I'(), ..\.N'I) 'I'IlEI?,I';I"()i~,t'; x, IAY .NI.~Ei) T() ENSURE TIIAT ;\ \'i';I~,IL. VI'I.~I RI'N'()RI) (il: '[lie i'I~,OCEI-;I)IN(;.% IS .%iAI)E, ~,VIII('II RI.~('ORI) IN('I,L'i)I'~S 'I'llE 'I'I.LN'I'i31()NY ..\NI) I.?,'II)I'LN'('E I'i'{)N \X'llI(;II Till'; AI'I'EAI, IS T() BE BA.%EI). Al.l, ItI.X;IS'i'I-;RI';I) I)t.'BI.I(' SPEAKI';ItS %%'11.1. BI-~ I.I~II'IEI) 'l'() i.'IX'E (51 .XlI.Nt'TI';S t'.N'I,I.;SS i'I-~ILMISSI()N I"()R Ai)i)I'I'IO.NAI. 'I'i.\IE IS (;I,~..\.N'I'I.;I) IIY TI I I-: ('1 IAI RV,'().Xl AN. ASSISTEI) I.ISTE.NIN(; I)EVI('ES F()R TIlE IIi-;.\RIN(; I.~iI'.\IREI) :\V..\II.AiIi.I'; IN TIlE ('()I.'N'l'h' ('().~I311SSI()NERS' ()I:Fi('I'i. i.L.'.N('II I~I-;('ESS S('IIEI)t'I.EI) I.'OR 12:ILO N()()\' '1'() I:llll I'..~1. 2. I'I.EI)(;I'; ()1" ..\I.I,E(;IA.N¢'E :\PPROV:\I. OF ('ONSF. NT AGENDA. Ai'PR()VA[. OF SUMMARY AGENDA. ..\PPR¢)V:\I. O[: RF. GL'I.AR. AGENDA. AI'I'i~,()VAI, ()F .XlINITI'ES Approved as prc~enled - 410 A April 2. 1')9') -Emcrgcncy mccfing. I'R()('I,..~,.~IATIONS ANI) SERVICE AVVAI/I)S A. PR()('I ,.\.~IATI()NS ]) l'r~clamalion procl:timing xvcck ot'Mav 2-~. l'm')as Bc Kin,I Anita,ds Week. To be accepted by Mr. '1 crrv 'I illcv. Excculi,. c' I)ircclor. l itltllatl Society of Collier County ami Nl~..hMi Xh~rclock. Ihrcclor. l)omcstic Animal Sc~'ices Adopted - 4/0 -,) I'roclamalion proclaiming the week of :\pril 26-31L I'~99 a.~ X',flumcc~ Sc~'iccs fi)r Animals Week. To be accepted Iw Nfs. Xlclanic Fields and Nfs. Gisela Roxvley. l)omcslic Animal %crx ices. t'ollicr ('mmlv Adopted - 4/0 3) Proclamation proclaiming Saturday. May I. 19')9 its t'aim Y,mr tlcart ()ut l)av. 'I'o bc accepted hv Mr. John Schallcrt. I'rcsidcm. Painting and Decorating Contractors Association: Mr. Whit Ward. Executive l)ircctor. Collier Building [ndustO' Association: Mr. [gill Brigham. lh)ard Xlcmhcr. Collier County Banking I'anncrship Buscy Bank: and .ludge Franklin (}. Baker. ('ircuit Judge. ('oilier ('otmtv A(h)pled - 410 4) Ih'oclamation proclaiming thc month c,f .Xlav as I'ccn I)rcgmmcy Prcvcmion Axvarcncss Nlolllh. To be acccplcd by Xls. Jodi [tis,,gno, '['ccn Pregnancy Coordinator. ('ollicr ('~)um,. I cch Prc<nanc,. Prevention Commtmity Initiative Adopted - 3/0 (Commissioner ('onttanline (Hit} 5) l)roclamation proclaiming May I. 199(/as l.ax~ [}av I'.S...\. To bc acccplcd hv Mr..l. Nlichacl ('olcm;m. t'rcsi,tcnt ,,f( '~dllcr ('oumv Bar ,.~ssociali(m A(h)pted - 4/0 6) Pr,~ckmaation proclaiming thc month c, fApril. 199'~ as ('onscrvancy Volunteer Month. To bc accepted by Ms. Sharon I ruluck. [luman Rcsourccs I)lrector. Thc Conservancy of Southxx cst Florida ..~,prd 2". IO~¢) B. SI .\dopted - 4/0 Prc. ch..'nalion proclaimir~g tilt: v, cck of May 2-X. I t~'.}'Y a~. Nati. mai '[ ourisnl Week. '['o bc accel\cd by Mr. (icorgC I'ctccl aim Nlr..l~c I)lmm/i~. ('o-Chairmen of' hmri~m Alliance Adoplcd - 4,'t) I'r,~clamation proclaiming t tispanic I lcritagc I )a> ~u ( ',,ll~c~ ( ', mul~. Adopled - 4/0 $ I:. Rx'I (' E A xV :x R DS -I ( }ail \Vatson. l.ibrary - 2~ Years t'at l.chnhard. Budget - 15 Years Phil ('ramcr. XValcr- 15 Ye;irs Warren kcvcs. Road and Bridgc- 15 Years l.,misc .I. Bcrgcron. l. ibrao' - 10 Years Ron l toldcr, f:acilitics Nlgml. - 5 h'cars I{~d~c~q Whcclcr. Water Dept. - 5 Years (Nol I'rcsuntcdJ ¢-. 1,1~, i.:S E N'I'..XT I ON S .X,I'i'R()\'.\I. ()I: ('I.KRK'S II. EI'()RT :x. ..',NAI.'~'SIS ()F ('ilAN(iES T() RESI-:RVI-:S I:()R ('()NTIN(;i':N('II':5, i'I'BI.I(' I'E'I'I'I'I¢)NS ('{)t'N'I'Y A. ('()51 I)M! NISTI~,..VI'()iCS REI'OI~,T 51 UNITY I)I.;VEI,()PMENT & ENVII~.ON.Xl I(NT..\I. SEIIVI('I.;S (~{)N'i'INi'I-]I) I:R()51 TIlE 4/13/99 .XlI.]I-:'I'IN(;: ..\coopt thc 1999 .$!.andard '['ourisnl Agrecmcn! belxvccn (.'o1 ct' ('otmtv and thc Naples ..\rca ('hi,.tYIJ'~cr o1' ('Omil'lCrCc. ..\lq~roved. 3/I - (Commissioner ('onsl:lnlinc OplmSCd} ('ON'I'INUEI) FROM TIlE 4/13/99 .MEE'I'iN(;: ..\cccpl thc t'irsl amcmlmcnl to thc 1998 'l'ot~rism Agrccmcnl bchvccn ('oilier ('ouutx dnd lbo Tourism AlliitllCC of Collier ('ountv. Approved - 4/0 ii. i't'ill,l(' \\'()l/KS ('()N'i'INt'I']I) i:l~().Xl TIIF. 4/13/99 5II']I':'l'IN(;- ,-\ppr(,', c Y.,..:rccmcnt between thc ('Otlllty ;llld for Median [.;mdscape lmprovcmcnts on ('R 951 adjaccnl h, N;tplcs :Xl'ml 2- 1990 I lcrita~c (';olfand ('mmt,.~('luh(X[l(;('('~ .\pprovcd - 4/0 ') Rcc,mm)cndation lbr a .'fpccd l.mmil Rcduclion I'r,,m I11ix-live milch per h.ur (55 ,XlPII) to Ibrtv-livc miles per hour i~ll'll)~m Vmxlcrhit~ Reach Road I('.R. gh2} l~Onl Oaks Boulevard caqcrlv l~,r ;t disluncu ,,nc and one-lmll'( 1-1 21 miles. Resolulion 99-!lg-..kdopled4/0 ( ',m~idcralilm.~ rc~arding addlliomd 'l-( [~1..: \larc,~ Pass aim file drcd~im..z .%I:llT re¢omnlendatio]l Io ~o back Io lhe lie;ich I~,cnm~ri,,hmt. i]l ('olnnlillee - \pprox'ed 4,;Il \d,qX Ihrcc (3~ Rcs qL,i,ms PurcJlahc or ('oltdCHllltllJOll Pcrpclual. Non-exclusive. Road Right-ol2W4). I )r'm nm:c. X lailllCllallCC ;llld 'l'cmp,mu'y J~ I';I-CIllCIll Ibr lilt COllSIFLICIlOII I~csolulirms ~ ~ ~ 90-?~ . 99-222 ) )-..0 .... I ('. PI'BI.I(' s I-: I~ ~,' ! ("t.:.~ ('-nlinLJed lo ~lax Il. 1999 J JC~lJlJl ('arc ('~mm]iIlcc, Ii ('()I'N'I ~' .X I ).~ I I.N I.~'I'I{:Vi'( ) IL l'~t'cxClll,l!l,'I1 ,~l'lJlC "()rgam/ation ('lilnalc Sur', c'," ('-,hi',' Admi,islr:llor's reconlmcn(i:ilion .~,l)l)r-r)~ e(! - 3"1 l( 'o111111i%'siollt. l' ('ollrslalllillt, ,'\LIIROFI/,IIitH1 I,~ prepare ail(! ;,Iii',, el'list ,i:l ()r~Jlll;tliCC h~ ami [{xlcml Iht Six ('tnt Ix)cai ~)ptum I'u,..t lax ;m,l ;m Inlcrh)c;~l .X,.zrccmcnt '.~ illi Ibc ('llv ,,1 k;Jplcx ill ,~ldcr I,, li~rmula lbr lhc dl~lritmti,m ol'lhc pr,~cccd~ ,,I ~uch lax. .\(Idcd i".'-',-tuc~t ~(~ ,~mh(m,,c IRc C]lilJl'v, ol:li!li I,~ :'.,l}:ll ,l J,:il~l l,,, .i;HI;I \V;tJli!ii4 Ill rc',l',m.;c i~ thc ?';hcrllTs loller ~I' I~mt::,.'l li',r Fiscal Year 4 ,\prlf 27. A p pro red - i-', AIIII'f)RT AUTilORITY (,OL'NTY ATTOIL\'I(Y'S REPOIIT Recommendation to settle personal init,O, claim of C, labcl Julicn for S23.5u~) plus fees associated with mediation (approximately $450~ and recommendation to settle personal injury claim of Celeste P, oliva for $Y).25¢~ plus fees associated with mediation (approximately $450t. Approved - 4/0 lnx il;trion by the Board of Courtly Commissioners to elected goVCnlmCnt officials in ('oilier ('ountv lo adopt additional and more strint~cnt c'~hic:d ('Ollbellbllh Added Rcqucsl Ibr Board direction pertaining to ('oilier ('ount) V. Barr~m ('oilier Parmcrship. Case No. 99-362-CA (Wril of Assistance Nile 1. l.andl]ll ~itc Acquisition ?rojcct), (C'otmly Attorney) Drop Site !, as an ongoin~ landfill site acquisilion projccl - 3/I (('ommi~sioner ('onstantine opposed). 10. IIOAI*,I) ()!-' ('()LINTY C()3ISIISSIONI-:I,~,S Continued lo A. .Xlavll. 1999 ('ONTINt'EI) FROM 4/13/99 3IEETIN(;: .,\ppointmcnt ol'mcml)c, rs to Ihe I leahh l:acilities Authority. .\ Resolution of thc Board ol'County Commissioners of('ollicr ('ountv. Florida. opposing Section {6} of('S SB940 {ficnatc Bill 940} lilcd with thc Horida [.cgislature which would limit home rulc authority of local gox crHmcnl lo re~tlJate, outdoor advertising. _ siuns, locater[ adjacent, lo ;my. parl ~l'lhc st;tlc highx~ ay system, in their geographical boundaries. Res. 99-223 Adopted - 4/0 Request to waive entrance fees for lhe Sih er Slam 'l'arpon 'l'()urnamcnt I ('om miSSioner Carter.) Fees \Vail'ed - 4/0 Added l), Discussion ol'('itv ol'Naples concerns regarding rocks orl thc lgeach. (Commissioner Mac'Kic} l'uhlic Works Administrator Ilschner to make presentation to the (Tih' of Naples (Consensus) Added 5 April 27. 1999 II. Discussion rc~arding thc appoimmcnt of David Gu~cnhcim lo d~c Comprchcnsivc Plan standards AD l lOC Commill¢¢. (Commissioner {'arlcr) Rcs. 99-224 ;\ppointin~ David (;u~t~enhcim - :\(Iolm'(! - 4/0 ()'i'11 ER i'I'E.~,IS A. ()TIlI-:R ('()NSTITL'TIONAI. OI:I:ICEI(S :\grccmcnt fi~r ct¢clion scrviccsx,, ill~ Iht (,it,,' of Naples. ,\pproved - 4/0 P,c¢ommcmlation lo approve Iht ('()PN I 'nix crsal t ..XdtliliollaJ ()filter Rcqucsl Al)proved - 4/0 I~. I't.'ill.l(' ('O.Xl.MEN'F ()N (;ENERAI. TOI'I('S I) 2) l)avid Shealey re tourist money Ty :\goston re state agencies land acquisitions PI'BI.i(, IIEAIilN(;S WII.I. lie IIEARI) FOI.I.OXVIN(; STAI.'F 1'1'1-;31S 12. ..\I)\'I-~i.YI'ISI(I) I't'BI.I(' IlI-L\RIN(;S - I{C(' A. ('().XlI'I~,EllEN.',ilVE I'I.AN :\.XiENI).XlENTS ZONIN(; ..\Y,! I';N l).Xl ENTS l) ['t ;1)-$3-26(2)Roberl Duane of llole. Montes & ,.\ssociatcs. Inc.. representing ()ltd Cypress development lad.. a Florida l.imitcd Partnership. requesting a re/one l?om PUD lo l'[ ;[) having ~hc cl'lkcl c,f amcmling thc Woodlands Pt 'l) lk~r thc purposes oI' renaming thc PI 'I) I?om Thc Woodlands Pt ;I) to thc C)ldc Uyprc~s I'UI). adding pcmfillcd uses of personal sloragc facililics ami moJcls hoJcls and rex ismg certain dcvclopmcnl stamlards lbr im~pcrly h~catcd ~)n Ibc norlh side ~t' Immokalcc Road (('.R. ~40). cast if 1-75, in Sccti(m Z I. ]'oxvnship 4~ South. Range 26 East. Collicr ('oumy. Florida, consisting of 500~- acres. ()rd. 99-27 - Adopted ~'ilh chan~es 4/0 Till.',; ITEM IIAS lIKEN ('ONTINI/I-~I) INI)EFINITI(I,Y. 1,I-9'~- ~1. Geoffrey G. Purse of Purse Ass,ciatcs. Inc.. rcprcseming StlllSc't I k,'b,~r ('It~b. requesting a rezone l¥om ('-4 to RMF-12(g) Ibr pl'OpCrty {,,catcd on IJ 5. 41 l(aSl ill Ibc ~orlhwcsl corHcr oI I'ort-()fLlJ~c-lslamt~; Pha:sc ()ne (Sunset (';,5') in Section 9. Township 52 South. Range 2S JLasl. Collier County. Florida. consisting of 6.85-. acres. ('ontinued to 31ny 1 I, 1999 Aptfl 27. I'[ 'J)-93d~114). (;corgc l.. Vamadoc of Young. x ;m :\sscndcrp Varnadoc. JLA. rcprcscnlm~ W('I ('ommtmil~c~ I I'. dH~CHdHlCHI lO thc Pelican Marsh PUD fi~r Iht lmrposcs ol'add~n~ spcc ilic regulations for boundary and project s~gn'agc: makin~ prox is,ms fi~r fifty {50) special residential tlx~ oiling lhal illaV I'ullcll~Ul as rental units in conjunction xvid~ Ibc hold ,,' g~fl f c~mrsc: and rex ~slng thc authorized alnOt, lt of commercial dcx clopmcut in thc act~x Hy center district tbr property bordered o~ thc ~c~t I rail North ILLS. 41 }. on the east Iw thc fl~turc J.~x m~ston J~oad. and on Ibc soulh by Vandcrbill t~each Road m sections 25.2v.34.3~. and 3(,. l,~xxnship AS S~mth. Range 25 t(asl. ('~ql:c~ ('ounlx. I.l,,rich,. ~ ,q . ~, ..SS j. acres. (('().M I'ANi()N 'i'() ('. ('onlinucd to 51a.x I I. 1999 I)( L-V')')-t ~I George i. \'amadoc of Young. x an Asscndcrp Vamadoc. P.A. representing WCI ('ommunitics I..P. l~x' ;m amcndmcn~ t,~ thc Pelican Nlarsh l)cxclopmcm ,~t' Rc~i,~i;al Impact tf)RII l)cx clopmcnt ()rdcr No. 95-1~1. as amcmic, I. l;,r thc IIICI'CiIMII~ IJlC aulhori/cd illI1OIIlll ol'rclail ll~.~r SI%ICC bx 5-.~tlll medical office spaco oj' 25.0ili) square tgcl of( iFA. l~r pr~q~crty Hordcrcd mi Ibc x~ esl bx '[ ;lllliilllli 'J rail North (l' ~ .il )., ql thc cam thc l~llurc l.ix ingston Road. ~iiRI Otl lhe >oul}l b~ VimdcrbiJt ltcach -5...34..~..t~ )fL 'I'O~VllSIlip 4N 5~qllJl. Range 25 East. ('o{{wr County. Florida. o,n~sting of 2~T2 sS. acrc~ (('()XII'AN{()N T() P1'1)-93-0l-(4)) ..\pprox c ;m .rdinancc amending Ordimmcc 92-t, ~. ;,s a,ncmlcd. pn,x iding for mklilional uses ofh)urisl JilX [c~ CllllCg tbr catcgoric~ :MIL('. ami [) and to rcnlOX c the guidelines. ()rdinance 99-28 - A(Iol)tcd 4/0 :\n f:mcrgcncy ()rdinancc amcmhng (.'tdl~cr t oumv(h'd:mmcc 9S-74. Thc ('oilier ('ounl>' [:~rc Prevention alld l'rotctti~m ('.tlc: amending Section 'l'xvo BI 3 ). Permits and Approx als iilltJ 'l ~o [)(I). Open ()utd,'mr fires. Incinerators. (hmhmr Fireplaces. p~oscribing campfires and other defined fires and thc sale and usc ~)t fircx~ orks during a declared drought emergency: provnling dcclarati,m ol'cmcrgcnc>: providing l~)r inclusi,m m Illc code ~t' Jaw ;m cflkctike date. ()rdinance 99-29 - Adopted ~ Jib 611I} )'ard chan~c 4/11 - Dech~red 4/0 .~lovcd from Item ~-17(-' ..\plti 27. 1099 13. 14. 15. Pcttlion VAC 99-005 lo vacate a 2.5' x,.idc portion ,~fthc platted '7.5' wide drainage casement on l.ot 4. Block E. "Kcnsin?m Park l'hasc '['~o." as recorded in Plat Book 25. Pagcs ~2 and ~3. I'uhlic Records of Collier CotlIlly. located in Scclioll 13. Townshil~ ~9 Sotnh. Range 25 East. ('ontinucd at request of Petitioner- No action 2/2 (('ommissioncrs ('onstantine and Carter opposed) Request denied - No action 2/2 (('omnfissioners Ber~' and Mac'Kie opposed) lif}.-',,Igl) ()F ZONIN(; AI'PEAI.S A. AI)VI-~R'I'ISEI) i'Ui~i,IC llEARIN(;S ()'1'1 ! t:.1~, STAFF'S ('().Xi.M UNI('ATIONS iI()AI(I) ()F ('OUN'I'Y ('O.'~I.MISSIONERS' ('().M.XlL'NI('..vrI()N.~ 16. CONSENT A(;ENI)A - All matters listed ureter ti'tis item arc omsidcrcd mbc routine and action will be taken by one HIOIiOI1 without scparatc discussmn of each item. I fdiscussitm is desired by a member of thc Board. that itch1(s) x~ ill bc removed I'rom linc ('OllSCll[ Agenda ;mtl considcrcd scparalcly. .Approved and/or Adopted with chanl~cs - 4/0 A. ('().MMUNITY I)EVEI.OILMENT & ENVIRONSII-;NT..',,i. SER'VI('I.;S Request to approve thc recording of thc final plat ol'Jasrnil}c l.akc and approval of thc pcrfom~ancc security. Subjecl to ('ash l}ond as securilv and ('onstruclion & 51aintenance A~reemenl ;~ntl stil)t~lation 2} Request lo approve lbr rcct)rtlmg thc final plat of"Nlatlison l:.slalcs- anti approval of tile pcrfon'nanc¢ sccurJt'~. Subject to Conslruction & .Xlaintenance A,vrcemcn! and l.ettcr of Credit and stipulations 3) Reqt,csl to approve for recording the final plat of"\\'algrccns - Dax i~ ..\irpor! Commcrci;fl". Request to approve lbr recording the final plat of"Rivcrchasc Shopping ('cuter First Addition" and approval of the pcrl;~rm;mcc sCCtlrllV. Subject Io l.etter of Credit, Construction & 31aintenance Agreement and stipulation. April 27. 1999 I). 5) Rcqucs! lo approve for recording Iht I'~nal plat of"Whi~pcrin~ Womls- and appr,~val of ll~e pcrl~nnancc sccurily. Subject to ('a~h BOnd nnd Constructim~ & 51;~inlcn:~nce A~reement 6) Request to grant t'~llal acccpt:tllCC of the road,~x a}. drainage, u. alcr and scxxcr improvements for Ibc final plat ,,l'".qiclllliz ill .~{}tHhiullj)h~If' I,tesolulion 99-215 I~t.'i½1.1(' 'sV()R KS i) ..'~pprovc Work ..':CDM-FT-99-5 for Ibc United Struts l:nviromnclm:l ['rotcction Agency (USEPA} Accidental Emission Release Risk .Management l'rogr:m~ - Phase 2 al ('ounty Water and Waslcxv:ttcr Trcalmcnl F'acilitics. Project No. 7t,~C*. I n Ih e :~rn, u n I o f S87.fi85.00 2) ,.\ppr, vca Budgc! ..\mcndmcnt for t!~c purcl~a:c To Kelly 'i'r:lctor (;orp. iii the am.un! of S34,11112 ..\ppro,, c Sut~plcmcnml .,\~r¢¢mcn: ',, ,. t, ,a ilh ('1 t2.x.I I lill f,r thc Ridge Road hnprovcmcnt, Projccl ',.. t,{~! 11' ('IF, 41. Ill Ihe ;lnmlin! or $I 0,8,991.00 ..\pprox c ('hai~gc Order No. 2 (Final) to ('ontract N,~. ~)S-2x4q. Blucbill I'~,rk Burl'er Planting. '1'~ llannul:i l.and~capin¢, Inc. in the :~mount of 54.955.77 ..Xpprox c l'in¢ Ridge R~xld Right-()f-VVay ..\cqt,si~i{m .,\ppr;,s:d ..\~rccmcnt. Real Property Analyst~ I'L:BI.IC SERVICES II ('ONTINUEI) FROM 4/13/99 5lEE'FIN(;: v,'ith pcrformcrs for Jazz Festival. V~'ith Tom Scot! and \Varrcn Ilitl 2} ..\pprc~,. c Iht purchasc ol'a new phtmc svstclu l'or thc Immokalcc t':,'ks utilizing rcscrx-¢ funds and recognize insurance claims iuld private donations. S U !'i'()1,¥I' SERVi('ES 9 Aprd..,.~'* 1999 il. IJ 2) 3) :\ppmve Security Measures at thc Medic:d l!xamincr's Office ami .Main ('ounlv ('ourthous¢ f'urcl~asc ot'Thrcc 13~ Medium-Duty Adv;mccd I.ifc Support Ambulances fmrn Aero Products Corporation Using ('ltv of Jacksonville Bid SC-0384-98 In the amount ofS114.948.75 each or totaling S344.846.25 ,.\pproval and l!xccution of Salisfactitms o£Noticc of Promise to Pax Impact [:ecs 4) lion 99-216 Bid for temporary labor A'.',arded to ,Mile ih>dy Temporary as primary vendor and .\lan I'o~ er Temporary Services and Person nel Servicc,~ .f Ft. .~l,~'cr,, :l~ secondary vendors ('¢) t 'Yl'Y ;\ I),~I ! N ! STI~,:VI'O R I) }'3udgct Amcndmcn! Report BA 99-226.99-230.99-236 2) Approve thc selection of a Commercial Bank to secure a S IO Million linc of credit Io fund conslmction oF thc North N:~l~lcs Rc?m:~l Park and olhcr fi~ture Capital ('onstruclion needs. Nati{msilank to provide the line of credit Il() \RI) ()F ('()L'NTY ('O.XlSIISSI()NEI*,S %IIS('EI.I,ANE()L'S I ~ .Xliscctl;u~cous items to file fi~r record with action as directed ()TIIEI,t ('()NSTITt'TION:\I, ()FFICERS Recommendation that thc Board of County Commissioners impprovc thc usc of('onfiscatcd Trust Funds to pro\ idc m;~lchin~ funds fi)r a [:ctlcr~li (}ralll. tT()I'S 5lore 'g8 (;rant This item has bccn dclclcd. Dcparlmenl of l:inancc and Accounting seeks aulhori/alion lo file thc .q, latc of Florida Annual l,ocal Government Financial Rcport for the April 17. Fi<al Year 1'?~7-199S. Request to transl'cr funds from ('ircutt ('our! co>t.s I~, ~hc l~ubl~c Guardianship Fired. In Ihe Amount of SlO,O00 I. ('()t'N'I'Y ..VI"I'OI~,N EY 'I'o :~t,thori/e thc County Attorney to publish notice ,ffpublic hc:u'ing on a proposed ordinance, lllillldalctl }~v 1'7,,'id~ .$'~,m,t,,. to establish maximun~ rates for toxving and storage of vehicles in inManccs kt hcrc Ibc loxt lng alld storage is not authori/cd by thc ,~x~ ncr o1' thc x cl:iclc ,,~ by any other aulhori/cd person. Recommendation that thc Board of ('otllltx' ('ommis~ioncrs appmx c thc Stipulated Final Judgment relative to thc cascmc:~t acquisiti~m on parcel no. 530 in Ihe la~vsuil cnlillcd (',dhcr (',~untl ~' lh~vn//e. (Temcns uml Lm'ille (~ ('lemens. cl al.. ('asc No. 9S-13')~-( '..X ~l.ivingst~m Road Extension. Golden Gale ['ark~x ,iv to Radio 14~,itl ) 3) J,~cCt~llltllclld;.llh'ql that thc Board of ('otllll'., (',mm~i~,,~,mcrs approx c thc Stipulated Order as lo costs relative t(> thc citsclllclll acqui,~lion ~,n parcel no. 151 in the laxxsuit entitled ('o/h('r (',dttllt x. ]eoli~;[(] /h'll,t,'l' un~l .t/lChC/~' .L B('lt~k'l; 7)'ttsl('~5 L.'mk'l' T/I~ll ('urhii~t /1~'~/,ir, Hit);/ 'd 7YU.W l)alcd lhe I ~l, dav ~/..~hLv. 19~1. ct ul.. ( 'asc No. ,IS- 13'M-( 'A iI. ivingston Road Exicnsion. Golden Gate Parkx~ a~ t,~ Radi,~ ]load). A) Ncc(mm~cndation Ihal thc Board ot'('otmt.v £'ommis,.ioncr~, al~pr()vc thc 51ipuliHcd Order as to cosls rclnlix'c to thc C;IS¢lI1¢lll parcel no. tAN in thc lax~ suil cntitlcd ()dh,'r *'~' ~htv ~f .~hO'. 199]. ¢'1 al.. ('asc 1)'u.w Ilulcd the ] <' . il.ix hlgslon [{o;l(l l{xlcnsion. Golden (]ate [)ark~ ay l,) Radii) 5) [,~,ccotlllllctldatiOll I]l;.lt lhc Board of( 'OtlIIl%' ('Ollltllissi(~llcrs appr()% c Iht Siipulat¢'d Final Judgment rcialivc [)arc¢is Nos. I I?B and ~l'7 /)o, in(,-Jx'(,m/!J~,r.Joill! J'ell?llr('. cl (ii., (';.is,.: Xo. 95-5~')'7l-(':\-1't~, (\'.l;ldcrbiJt J~CLlCI1 I?,oad [~xtcllsit)ll -J:otlr-iallilig [)l'oJccl ). .I. ..\ I I~,1'()RT .\L'TIIOIII'I'Y .%t'.Xl.Xl..~.Rh :\(;ENI)A- Tills SECTI()N IS i.'(}R :~,I)\'EI,FI ISl-:l) II1-~ ',RIN(;S ANI) .'~IL'ST ?,II.:1.7I' TIIE FOI.I.()XVI5(; (~I~,1'i'!-:1,',i,\: 1)A RE('O.M.MESI)ATION FOR API'I~.OVAI. i:R().M STAFI.'; l) L'N.~,NI,Xl()US I~,E("O.M.XlENI)ATION FOR Ai'PI~,OV:',I, I?,Y Tile COI.i.IER COUNTY I'I.ANNIN(; CO.Xl.XlISSION OR OTIIER AUTIIORIZIN(; ..\(;EN(7iES ()I: :\1.1..XlEMBEI*,S I'I,',ESEN'I' ANI) V()'I'IN(;: 3) NO WI{I'I'Ti.:N OR ()R..\I. I1 April 27. 1999 OII,IECI'IIINS TO TIlE I'I'E.M I/ECEIVEI) BY ST:\FF. Tile ('()I.I.IER COUNTY I'I.ANNING CO.M.'%IlSSION, OTllER AL'TIIOI~IZIN(; OR 'FILE BOAllD. I'RIOI('I'O 'FILE CO.M?,IENCE.M ENT OF file !1('(' 51EE'I'IN(; ON %vIIICII Tile ITE3, IS AIIE SCIlEI)L'I.EI) TO lie lIE.\RI): ANI) 4} N() INi)IVII)UAI.S :\llE I/EGISTEllEI)TO SI'I-]:\K IN ()PI'O.$1TION TO TIlE I'I'E.%I, .\ppro,, c(! and/or adopled ,,s ith chan~cs - 4/0 P~::;:~on .h\'-')9-1. James .Mc\'c> representing Park ('cmral l)cx cl,q~ct~ Xaptcs. Inc. requesting a 5 foot variance from tl~c rcqmrcd sclh,tck Resolution 99-217 Pctttio, ('U-96-~1F.. 'lhomas Peck. P.F.. representing Napl,.., Ncx~ I la~t~;m 'hutch of lbo Na/arcnc. Inc. requesting third extension ol'a comlitional usc church in tt~c RSF-3 residential single family zoning d~qric'i fi~r propers?. ~catcd on thc east s~dc of Bavshore Drive at Republic [)rix c Rc~olution 99-218 51ox'cd to 12( '4 l'cliti,m V:\(' 99-0(~5 to x acat¢ a 2.5' wide imrli{m {~f thc pl;,ttcd -.5' x,. ldo drainage eitSClllCll[ O1"1 l.ot 4. Block F.. "Kcnsinglon Park l'ha~,c 'Ix\ o". as recorded in Plat Book 25. Pages 82 and 83. Public Records t,f('olli,,:r ('otmtv. located in Section 13. 'Foa'nship 49 South, Range 25 l:asl. %lay II. 19(;9 ('()N'I'INI'EI)I.'R()51'I'IIEAI'I,III. 13.1999 51EE'l'INf; I'ctit,ml'l'l)- '2~,-2 l. l)ax itl lt. Farmer. of('oasl;d Engineering. Inc. rcprcscntilv:2 Thc ('lul, Izskttcs. I..('.. requesting a re/olio I?O111 "PC'IF' to "l't 'l)" I'limncd [)ex clopmcnt in order 1o merge thc ('lub Esl;tlcs Pt 'l) t( )rdillallcc 97-(d)1 and Thc Casa [)cl Sol PI..'I) IOrdinancc 89-70) lo crcalc a ilc',~ lq 'D knm~ n as Thc Club Estates PUD fi,r propc~) located on thc xvcsl side of(' R. 951 approximately one mile north of Rattlesnake I lammock I{oad. in Section 'I'~',~ nship 50 South. Range 26 }{asl. Collier County. l:lor~da, consisting 25z.7- acres. 18. :\l).l() UI,tN INQUII/IES ('()N('ERNIN(; CiI.AN(;I-;S T()TIlE B()ARi)'S ..\(;ENI):\ SiI()Ui.I) lie 5lADE T() TIlE ( ()UN 1 5 Al)MI. IS ! RA ! OR S OFI:ICI-; :\T 774-8383. 12 Aprll~/.l'~ 999 ,,IGE. VD,,! BOA RD ~)I" COl ',¥T}' C(I.IIMIS.¥10,~.'ERS' IIEETI YG APRIL 2?, 1999 ..IDD: ITE II atEit32.2, REQI 'EST TO AK 'TI[ORIZE TIlE CIL.IIRII '#ll.I.V Tf) NIG,Y. ! I,I;ITI,'R J,-I.%:! tIilI. I,I~G I.V RliSPOV.VE TO TIIE SIIERIi:i."S LETTER OI',II'RIL 22. 1999, .tl'l'l.',,.IL SIIERII.'t"S Bt DGET fOR I-'t.¥(',,IL }'EAR 1998.1999. lOOt '.¥T)',,ID.$1LXI.¥TR ITOR '.¥ REQI ADD: ITE~,I 9t(~, REC)! 'EST FOR BO,.IRD DIRECTIO.V PERL,IIVI,X(; It) ('tlI, LII-',R ('0! '¥1'}' I~ B.,IRRO,'V COLI, II/R PART,¥ERSIIIP. CA.¥1;' NO. 99-362.(,:t tI~'RII' Ol: I,/L.,I,YIII. TLL SITE .-IC(,.)i 'ISITIO,',: I'ROJECI). (COU.'VT}', I I'TORYED. ADD: II'lL~l lO(D! - DL¥Ct .¥,¥10.V 01: CITY 01.' .~:.IPLES CO.¥CER,XN REG, IRDI.Y(i RO{'K.¥ 0.~' TIlE BE.,I('IL t('O.ll.~ll.¥.¥1t) hER M. lC'KIEl. ADD: I I'E II lOfl:'l, III.¥('1 '.~'.¥1t) v RI,'G IRI)I,'~ G HIE ,,11'1'01'~' LIIE.~ I' 01.' I), I 1 'ID Gl f,'fi/:' ~I11:'I il T(I I'IIE CO.llt'RI;IIE~.¥11'Ii I'L..IN SL,I.XD. IRD.~' ,-ID ILO(' C¢).II.IIIITL'E. [: IR TERt. CO,YTI~II:: /TEll 8t('j(l] TO .Ii.ti' 11~ 1999 .%IEEI'I,~G: RI:'ITI:'iI' 01' I)O¢'I'IIE.XlS' .h'ECE.~.¥.,IR }' I'i) ('RI:', I TE .,! ¢'OLLIER CO! ','~ 1'1' (¥)MMI'5II)' II1:'. !1,171 (' IRE {'t).ll IIII'I'EI,'. (S T. I I.'1: '.¥ R EQ I 'E.¥ I). ('O,VTI.VI 'E: ITE31 I0(.!! TO .$/.-I }' I1~ 1999 ,$1EETI.¥(;:. ,.IPPOI.X TIIEST 01.' llI:'311tl;'R,¥ T(I Till:' ILEAL 171 i'. ICII, ITII;'S .,! I TIIORIT}: tCOt ',¥T}' .t TTOR VE}':¥ RI:'Qt ESD. CO.VTI. XI'I.;: ITE,II 12tB~f.?! TO .ILl}' Il, 1999 MEIfl'I. VG: l'l 'D 93.0I(4). .,I IlI,'.VI)MI;.VI' l't) Till: PliLIr;,IN .IL, IR,~ll I'i'D I.¥)R FIlE PL'RPO.¥ES OF rlDDLYG .~PI ~7/-'/C REGI'L..I I'ION.¥ I.'OR BOI,',VD,,IR}' ,4VD PROJECT .~[G.h;IGE; M,,IKI,¥G PROI'LYHLV.¥ I'I)R I.'II.T}' .VI'ECL,IL RE.¥1DE. VTI,.II. D II 'ELLI.VG TII, I T ,$L-I }' FL:VCTIO.V II'ITll Till: Il(ITEl, OR dOLl: {'Ot'RXl:'; REI'I,VI. VG TIlE ..II'IIIt)RIZIfD ,,I,IIOI'.YI' 01: CO.%I.$11;R('I. IL DEl 'ELOI'AIE,YT I,V 'FILE ,.ICl'II 'IT}' ('E VTER DINI'RICT 12?¢)~I~. tI'E£11'IO.¥ER,X REQ! CO,VTI.VI'E: ITl;'31 12~('~fl1 TO 3L,I}' II, 1999.llEETI. VG: D0.4.99.(11 ,,I.IlEYD3IE.XT 1'0 TIlE PELI{:.IN SL.IR.¥II DEl 'ELOP.IlE.VT 01-' REGIOA:,Ii, I.%IP..ICT DEl 'ELOPIIE. VI' ORDER YO. 95-~11 I.'OR TIlE PI'RI'OXE 01: I.V¢'RE,.I.VLVG I'IIE .,IITIIORIZED ,,13IOI'.VI' 01' REL,IIL I-'I, OOR .¥PACE B} 5',50# SQ. I'£. 01: GI.'A. ..I.Y I,¥CRE,,I.VE 01' I.'1I-'£}' IIOI'LL RO0.IlS AND REDt'CTIOY i,v ,IIEDIC,II, OI.'I.'ICE .¥P,-ICE OF 25.000 SCI. FL (('O.ltP..I.hlO x' TO ITE31 12tBI&O. (PE TI TIO.¥ER 'S RE(.I l '15¥ I). CO,YTI.¥1 'ii: I I'E31 1 'rD! 1'0 5/11 Mlil,',TI.V(;: PETITIO,V I'1 D 9,¥-2I. TIlE {'L I 'B IZS' 1',11'I:'.V.L. ~ ~. REQUESFIYG. t REZO.YE I'RO,II l'l 'D TO I'l 'D i'L..I.'~.'VED I '?(11' DEl E'I, OPIlE YT l.h ORDER I'0 MERGE TIlE CLI'B L',¥LII'E.V I'ID ,I.¥D I'IIE C..I.¥,,I DEL .S't)l. PI'D. tI'IiTII'IO.VER'X REt...) t 72¥ PROCLAA4A TION ~ WHEREAS, we ha ee been endowed no t only with thc b/essinss and benefits of our animal friends who give us companionship and sreat pleasure in our daily lives, but, a/so with a firm responslbility to protect these fellow creatures with whom we share the Earth from need, pain, fear, and suffering: and, we recognize that insti/h'n9 attitudes of kindness, consideration, and respect for all living things through humane education in the schools and the community helps to provide the basic values on which a humane and civilized society is built; and, WHEREAS, the people in this community are deeply indebted to their animal care and control agencies for their invaluable contn'bution in carin~7 for lost and unwanted anit~al$ and promoting a true working spin't af kindness and consideration for animals in the minds and hearts of aH people; and, ~ ' -" '~ ~ ~'v~ ~: .... ,. WHEREAS, the first fall week of May has been set os the annual ce/ebro nbn of the national week observin9 the philosophy of kindness to am~a/s for the 84~'~ear. ; ' [" ~ '.-' ..... ~ ' . .~ .~. ...~. ~ . ~ . yOW Tyfb~Ob~ be it proclaimed by the e~rd o( CoonP Commissioners al GGII~ County, Florida, .that ~a~ 2 - 8, I999 be desigzoted os '-~ ~ . .. '~'": ::':" ',. BE'KINO TO ANIMALS WEEK and do heartily commend to all our cit~enx a fuy porn~a t~n ~ ay the evebt~ reIoted th~eto t~ this communiW. DONE AND ORDERED THIs 27th boy of ,4pril, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL OR IDA PROCLAtAA T£ON WHEREAS, Volunteer Services for Animals was formed in April, 1982, seventeen years ago this month, with the expressed desire to assist the County in its shelter for homeless and stroy an/ma/s; and, WHEREAS, since that time, the mission of Volunteer Services for Animals has been to promote adoptions and provide comfort for the animals housed at the County shelter; and, WHEREAS, Volunteer Services for Ant'reals donates in excess of 3,600 hours a year workin9 at the County shelter; and, WHEREAS, Volunteer Services for Animals also donated in excess of $6,600.00 last year to assist with medical treatment of stray and homeless animals; and, WHEREAS, t h'~'~9 NOW THEREF~F DONE AND the quah'ty of life roi' ~'~. County's home/ess and stray animals and the service to pa~i.b~ ~uld~i'aqver$ely affected if Volunteer ~th t&e happy tim~ and the sod tim~' i~ takes a specia/. '~b wgrq ,~ aq, animal shelter. : . -. ~e it proc/aimed by the B~rd of CounW Comm~sm~ner~ of ~' ;~. , , ,u' -." "' . , ~...~ ~'~. .. .:. , . .. OboEoEO vyzS pTth {b~g:~.p(,dpril, 1999. ATTEST: BOARD OF COUNTY COMMISSION£R5 COLLIER COUNTY, FLORIDA PAAAELA S. MACKIE, CHAT. RW~AAAIx~ WHEREAS, P R O C L A I4 A T Z O N ~: i~.,~ ~ ~,~ the Board of County Comml'~sioners of Co/Il'er County supports hous/n9 assistance to very/ow,/ow and moderate income families; and, WHEREAS, the Board of County Commissioners of Collier County works cooperatively with the City of Nap/es and orea organizations to address community wide concerns; and, HIHEREA$, the Board of County Commissioners of Collier County has previousl)~ participated in PAINT YOUR HEAR T OUT events with local businesses, civt'c associations, and youth groups and supports expanding the program to provide assistance to needy. Iow-income, elderly households throughout Coil/er County; and, WHEREAS, the Board of County Commissioners of Collier County supports joinin~a forces with the City o~ N6Ple~, the Collier County Banking Partnership, XuVe,il*~'~Oh j ~d'tk~ Oepartment of a varie~ Of tmde'oh~ni~n~ incl~ Colh~r Building ~ndust~ Assoda~iOh ~hd'~he Lawn ~aintenance As~oclation, and numerous "~ ~-..~ ~0~ T~E~EP~ ~ iq proL'ld~d by ~))l~Cou~, .~. ,?¢;~,: ~, PH~ YOUR HEART OUT DAY ~,~.~, ~ ' ,, ,~ ,~; , - . afl~ ~ ~JJ re~ident~ tO take on active roJe i~ ~oki~ CoJh~r County an ev~ more attractive and spec/a/p/ace to live by partic/~atin~ vo/uhteeq effort~ BOARD OF COUNTY CO~I~IS$IONER5 COLLIER COUNTY, FLORIDA · PA~F_.LA $. MACKI[, CHAIP-,WOMAJ',,I D PROC£AA4A T£ON WHER£A$, we, the citizens of the State of F/or/do and the res/dents of Collier County, believe that the children of this state should be born healthy, 9row up in o safe and nurturin9 environment, hove the full support of their mother and father, experience educational success, achieve economic independence, and reach their fullest potential in life; and, WHEREAS, teen pregnancy ond porentin9 increases the h~ehhood of Iow birth weigh t, de velopmental delays and disabilities, child abuse and neglect for the/nfont, disruption of education, decreased income potent/o/, economic dependence on we/fare, and subsequent pregnancies I~ thc teenage years for the motheQ' and. W~EREA~, the burden assoc/atg d with teen preRnancy and parenting is also borne by the taxpayers of Florida through increased costs in the areas of health care, education, welfare and juvenile crime: and, ~MERE~, F/on'da ~ teen preR~n~ ~ r~ks sixth in the nation, and Wo//i~r Wounty ron~ la the' tO~"~h/~,'iin the state o f Florida, for bbths to WHEbEAs, the prevention'of teen ppegnobG sboujd bo o pMon'ty to Colh'er Co~ ~ the state of ~I~Cido: and, · ~, - :,: . ~YE~EAS, CoJlJb Couo~ s~Ould furtkeb focu~ its attention o~ tke preveoh~n O~ ~ p ~naflcy bX buJJdJn9 oworenes~ of th~ rouges extent and con~enc~ of the pEoblem; buJd~ lmba9~ be~een local state ~ mtlona/ resources; and ~]]m9 Its ohzens to oct/on ~ their co~umt~eg.to addres~ this crih~ol issue os h~ Cai//er County ~bro~b~tbe ~o~oho~ of ~ts Collier Coo~P ~een pregnancy p~iOn Com~unit~Znitio~[~. : ~' ~' . NOW THErEFOre'bO ? ~roclo/med by the Board of Coun~ Comm~swners of CoY/eh ~o~,~ PlorJdo~.tbOj the'month of M~ be desk, noted os DO~E AMD ObDEPED THIS 27t~ Day of lpr/I, 19~9. BOAIoD OF COUNTY COA4A41S5IONEA5 COLLIER COUNTY, FLORIDA · ! / PAMELA $. M,,',CKIE, CHAIP, WOMAN PROC£AA4A TION WHEREAS,, 14oy l, 1999 [s Low ooy U.$.A. in the United States of Americo,' ond, WHEREAS, the United States of America has been the citadel of individual //bert]/and o beacon of hope and opportunih/ for more than 200 years to the wor/d and many mi/lions who hove sought our shores; and, WHEREAS, the foundation of individual freedom and libert~ is the body of the /aw that governs us; and, WHEREAS. the Constitution of the United 5totes of America and the Bi//of Rights, aIon9 with the Cor~titution of the State of Florida, are at the heart of that body of law which 9oarante~ incIodin9 freedom of religious belief, freedom to ha~e and properW, freedom o~ ~$e~b]~,~ freedom of speech, freedom of press, fre~o~ o~ti~on, ~du~ proc~s of the ]o~ anon9 others, WHEREAR thtg ~ ~ks the 3Na, annual natwnwtde observance of Low boy, oM 9he COBres~ o( t~e Un, ted 5totes and the pr~dent b? of boa/ p~l~tion have ~ aside ~G p~ os o 6pecia~ dG for recognition of ~he p/ace of jaw Tn American bro. .. ~0~ THER~OR~'be it proclaimed by the BOoM of Counp Commissioners of DONE/ND COl~'.e,~,Gount?, '?fondu, that flay I, 1999 be designated as and ~alb O~b ~y residents, cin~en~, ~chooI~, businesses and dubs to recognize ~M commentate bbe. role of Iow m our h ~es. OROEREO TYIS PYtb ~A.o~P~i~ I999. 'TE. BROCK, CLERK BOARD OF COUNTY COA4A4ISSIONER5 COLLIER COUNTY, FLORIDA PAMELA S. MACKIE, CHAIRWO,~AN PROCLAhfA T£ON WHERE~$, ~he Conser~cy of Southwest Florida is the regiod~ leadin9 non?rD f,! enw~'onmenta/ or~ixoh~; ~ ~ Co~ has hdp~d prot~c~ n~r~ 3~,~ ocr~ of ~nYonm~tol~ s~ifiv~ ~d sinc~ 1~4, includ~ Fokohotch~e 5~n~ B~II~ ~d~ and 5outh ~ld~ ~t~ Estate; ~d, Th e Conservancy active~ assists ~ith state and fedet'al ]and acquisitions and restoration progratr~ in the ~reatet' Everglades Ecoaystent' and, WHEREAS, The Conservancy helps shape envi~onmental poh'cy in South Florida by partidPa tin9 in and monitorir~ more than 12~5 Southwest Florida environmental issues annual~,; and, tn addition to play~h~j o key role in eneiranmen roi advocacy and pro techon, The Conservancy operates, in support of its mission, the AOples lgature Center, the Bnggs ~ture C~ter, the Wildlife Rehabilitation C~ter, o ~t~ q~h'W t~ting lab, ~d the 5~ T~tle ~onitoci~ ~d Protection Project; ~ WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Conserv~zncy pro~'de~ environmental education programs reachthg thousands of adults ~d stud~ more th~ ~ 9~o~ d~A~+~ lh~ie jt~e ~ ~P erttse to ~e Conset'~ncy , ~ctT~i~ of ~e C~~, as museum doc~ts, ~ildlif~ ~ ~iver$. spec~ol ~ b~t ~?ta(~, .~l~teee ~ilers, offi~ helpers and . t~clu~ vet~rt~' medi~l~aH ~d busm~s I~ders '~'~ ~' . ~ ~' s ' '¥' ~)~'4~,~. .' in ha~s to ~ Coherency of 5outhw~t Florida. ' ~ ~ ~. ; " ~" No~ Commissioner$ of Co[li~ Co~~ 19~ be d~t~ted as CONSERVAN~ VOLUNTEER ~ONTH DONE AND ORDERED THIS 27th Day of Apn'l, 1999. BOARD OF COUNTY COMM£55IONER5 COLLIER COUNTY, FL O~IDA · PROCLAMA T£ON H/HE~ EA $, the travel and faun'sm industry supports the vita/interests of Coil/er County, cantr/but/n9 to our employment, economic prosperity, peace, undersfandinj?, and goodw///; and, WHEREAS, trove/and fouri$m ranks os one of Collier County'~ largest industr,'es th terms of revenue$ gener~ted; and, WHEREAS, approximately 3,000,000 travelers vis/NhE Co/Her County Contributed approximately 2Z53~o of the annual taxable sa/es and $450 mil/ion dollars to the economy; and, WHEREAS, those trove/ers providedjobs for approximately 22,000 citizens in Collier County; and, WHEREAS, travel and tourism ~. the service industry -provides employment for .; ; ~ · ~ ..... , ./~ ; · ;:.. more peo.£1e..~han any Other industry/and?._ ~. ,.~i~'''. ,.~ . "e~" WNE~EA5, 9~ve~a laudable contributions fo the ~cohomic, cul~well-bem9 of :~he cthzens of Co/her Count, ~t ,s Attm9 that d:~¢g~' . . .'; ~ . ~ . , · · -- ~ .. W~ ~c~n~ze fn~ t~flortonc~ o r fro ve~ an~ rourt~m, NOW THE~OR~ be it flcocla/med~y t~e t'oacd of Coun~ Commissioner5 of ~/I/~ County,'F/or/da, tha~ the week of ~ay Z-8, 19~ be DONE AND ORD~ED;~5 2~h D~ of ~pril, i~99. ' · '"'~'~4;,.,~;~ I~BOARD OF COUN~ COMMIZZTONER5 "~'~:~i~O~ER-- COUNt, FLORIDA PAMELA 5. MACKIE, CHArRWOMAN ATTEST: PROCLAAdA TION 8 WHEREA..q, liner/ca has been known as the '/de/ting Pot~, the worm where the value o£ a broad d/verMty of cultures contributed to the de ve/opmen t o f our democra tic and pluralistic soc/ety; and, WHEREAS, the Hispanic heritage of over 28 million Americans i$ an essential part of our identity as a nation and of our role os a leader of nations; and, WHEREAS, the 20,000 and more Hispanic Americans living in Co/h'er County are on integra/port of the domestic life of Collier County and are becoming] increasingly active and visible leaders in the community. NOW THEREFORe, 'b~'i~ proclaim~d by the Board of Co, unty Commissioners of Co/fie/, County, ?/on'da, that/clay'I,"1999 be rids&noted as COLLtER COUNTY DONE AND ORDERED:THIS 27th Dox oj X~p'ri/, 1999. ,. ATTEST: 1999 TOURISM A(;REEM ENT IIE'I'WEEN ('OI,I,IER COUNTY AND NAI'i,ES AREA CIIAMBER OF COMMERCE. INC. REGARDIN(; 'file OPERATION OF A COI,I,IER COUNTY FII,M OI:H(~E and bet',.,, cch thc Naples/',,rea Ct~amber of Commerce, Inc.. a Florida not-for-profit corl'mration, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision Horida. hereinafter referred to as "COUNTY." WI tERE;\S, tile COUNTY has adopted a Tourist Development Plan fhercinafler referred to as "Plan") funded by proceeds from tile Tourist Development Tax: and WtlI(RF..,\S. the l'lan provides that ccdain of thc revenues generated bv thc 'I,,urisl Development Tax arc Io be allocated for Ibc promotion ami advertising nalionally and imcrnalionally and for tl~e promotion and advcflising of aclivilic~ or events intended to bring tourists to ('oilier County; and WItEREAS. GRANTEE has applied to the Tourist Development 'Fax Council and linc County to usc Tourist Development Tax funds For thc promotion and advertising of ('oilier County nationally anti internationally by thc support and operation of a ('oilier ('~unly l"ilm Office: ami WIIEREAS. lhe COUNTY desires to fired Ibc proposed advcrlising and promotion pursuant to this Agreement. NOW, TIIEREFORE. BASED UPON 'FILE MU'FUAI. COVENANTS AND PREMISES PROVIDED ttEREIN. AND O'HIER VAI.UAI~I.E f'ONSIDI~RA'I'ION. H' IS MU'FUAI.I.Y AGREED AS FOLLOWS: 1. SCOPE OF WO~: In accordance with d~c Budget attached as I(xhibit "A," lhc GRANTEE shall operate a Collier County Film Office. 2. I~,,X~MLNI.' ' "" Thc amount to be paid under this Agreement shall bc Fil'tv. Thousand Dollars (S50,000.00). Thc GRANTEE shall be paid in accordance with fiscal procedures of fl~e County for expenditures incumcd for tl~e promotion and adveflising expenses as described in Section I upon st~bmiual of an invoice and upon verification that Iht services described in the invoice arc completed or that goods have been received. GRANTEL: shall determine that the goods and services have been properly provided, ami shall submit invoices to thc County Administrator or his designee. Thc ('ountv Athninislral~r bis designee shall detem~inc that the invoice payments are authorized and thc goods or services covered by such invoice have been provided or perforated in accordance with such authorization. Thc line item budget attached as Exhibit "A" shall constitute authorization of thc expenditure described in thc invoices provided that such expenditure is made in accordance with this Agreement. Hach invoice subnliltcd by C;RANTI~IL shall bc itemized in st~l'l]cicnl derail thereof and shall bc suppoflcd by copies ofco~csponding vendor invoices and proof ~' rcccipl (~f goods or pcrfi)nnancc of thc sen'ices invoiced. GRANTEE shall certify in writing flint all subconlractors and vendors have been paid for work and materials from previous payments received prior lo receipt of any fi~hcr payments. Thc COUNTY shall not pay (;RANTILIL until thc Clerk of thc Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to cxccctt thc total amount fi)r varitms linc items and up to thc maximum amount budgeted pursuant to thc Altachcd "[]xhibil A." Thc amounts applicable to thc various line items of Exhibit "A," subject to thc maximum total amount, may be increased or decreased by up to ten percent (10'~';,) at thc discretion of GRANTEE. Adjustment in excess of ten percent (10%) of m~y line item must bc authorized by the County Administrator or Iris designee. 3. EIAGII3LE EXPENDITURES Only eligible expenditures described in gcction 1 will be paid by COUNTY. Any expenditures paid by COUNTY which arc later deemed to bc ineligible expenditures shall be repaid to COUNTY within 3(~ days g)f COUNTY's wriucn request to repay said funds. COUNIY may request repayment of fimds for a period of up year after termination of this Agreement or any extension or renewal thcrcol'. 4. ~: GRANTEE is required lo submit a Certificate of Insurance naming Collier Counly, and its Board of County Commissioners and thc Tourist Development Council as additionally insured. The ccflificate must bc valid for the duralion of this Agreement, and bc issucd hy a company licensed in thc State of Florida, and provide (;choral 15ability Insurance for no less than thc following amounts: BODII.Y INJURY LIABILITY $300,000 each claim per person / ' ' 841 PROI'ERTY DAMAGE LIABILITY S~00.00 J each claim per person PERSONAL INJURY LIABII. ITY S300.000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S t. IABll. ITY-S1atut~rv 'l'hc ('crfilica~c of Insurance must be delivered Io the (,ounty Admi~;istr;m,r ~ his dcsi~,,ncc within Ion days of execution of Ibis Agrocmenl by the COUNTY. 'Iht (iRANTILE shall not commence promotional and advertising activilies which are 1o be Funded pursuant Io this Agreement until ~hc Cemificate of Insurance has been received by the COC NTY. 5. X X' ' : ~ : GIGXNTEE shall provide to Coumy monthly rcporls on the duties perti~nned and sec'ice provided by GRANTEE. i~s vendors or suhconlraclors, pursuanl to this Agreement. l'hc repo~ shall identify the amount spent during thc preceding 30 days and the duties pcrfl~rmcd, and thc services provided and goods delivered during said period. GRANTEE shall take reasonable mc~urcs to assure the continued satisfacto~ pcrfonna,cc of all vendors amt subcontractors. 6. ' ) : , V :N N , :, NC. (;RAN'I'EI~ may select vendors or subcontractors to provide sen'ices as described in Section 1. (;OIJNTY shall not be responsible lgr paying vendors and shall not be involved in thc selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANT[~I~ and tile subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and:or shareholders. COUNTY may. in its discretion, obJect to the rcasonablcness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. Thc reasonableness of the expenditures shall be based on industry standards. 7. ~.~: The GRANTEE shall h(~Id I~armlcss ami tlcl~nd COUNTY. and its agents and employees, from any and all suits and actions including auomcy's fees and all costs of litigation and judgments of any name and description arising out of or incidenlal lo thc perfommncc of this Agreement or work pcrfo~cd thereunder. This provision shall also pertain to any claims broughl against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work Iw any of them. Thc GRANTEE's obligation under this pmvisim~ shall not bc limited in any way bv the agreed upon Agreement price as shown in this Agreement or tile GRANTEE's limit or: or lack of. sufficient insurance protection. 8. N.~O_.Z.I_C.~: All notices from thc COUNTY lo tile GRANTEE shall be in writing and deemed duly sen'cd il' mailed by regislcrcd or ccrlificd mail lt, the GRANTEI! at thc following address: Ellie Kricr, Executive Vice President Naples Area Chamber of Commerce 3620 Tamiami Trail Norlb Naples. Florida 34103 All notices from thc GRANTEE to the COUNTY shall be in writing and deemed duly served ii' mailed by registered or certified mail to thc COUNTY to: Count)' Administrator Second Floor. Administration Building 3301 Tamiami Trail East Naples, Florida 34112 'l"hc GRANTE['~ and thc COUNTY may change thc above mailing address at any time upon giving thc other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a pannership between the COUNTY and the GRANTEE. or its vendor constilutc Ibc (JRANTEE. or its vendor or subcontractor, as an agent or employee of ~l~c COUNTY. 1~1. ~~: Thc ('OUNTY or the (iRANI'I~I: may cancel this Al~rccmci~t with or without cause by giving 30 days advance written notice of stJch Section 8 and specifying thc effective al;tlc of termination, If thc ('()UN'I'Y terminates this Agreement, thc COlIN'fY will pay thc GRANTEE fi~r ;dl expenditures incurred, or contractual obligations incu~cd with subcontractors and vendors, by GRANTEE up to thc effective date of the tc~ination so long as such expenses arc eligible. Provided, however, or if GRANTEE fails Io hold thc event or activity. GRANTEE shall pay to COUNTY nll funds expended by COUNTY pursuant to fl~is Agreement, unless the Board of County Commissioners determines that thc completed promotion and ndvcflising of the event or activity were sufficient to justify the usc tourist development tax funds. 18A1 II. C-N'-': ;-:.,-. C ii:'_ "-: GRANTEE isrcquired to maintain complclc and accurate accounting records and keep tourism funds in a separate chccking account. All rcvcnuc related to the Agreement should be recorded, and all expenditures must be incu~cd wiflfin thc tcm~ of this Agreement. 12. .~.' ~,' :-' :-: · :., : _-_: GRANTEE shall maintain rccortls, books. documents, papers and financial info~ation pc~aining to work perforated under Iris Agree- ment. GRANTEE agrees that thc COUNTY, or any of its duly authorized rcprcscnttttivcs, shall. until the expiration of three (3) years after final paymcm under this Agreement. have access tm and thc right to examine and photocopy any pc~incnt b~,oks, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. ~~~~- ~ '~ iN : GRANTEE shall not assign, convey, or lransfcr in whole or h~ pa~ its interest in this Agreement without thc prior ~vriltcn consent nf thc COUNTY. 14. ~: This Agreement shall become effective on~]~.2].~_l_.ldale Board approves] and shall ~cnninate on September 30, 1999. Thc GRANTEE shall request an extension of this lcm~ in writing at least thi~y (30) days prior to thc expiration of iris Agree- ment, and thc COUNTY may agree by amendment to this Agreement lr~ cxlend thc lcrm tbr an additional one year. Any funds not used by GRANTEE during lhe term of this Agreement and any extension thereto shall be available for future applicants. 15. .~';~~N -:. ~: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how thc tourism impact was evaluated and shall provide a written report to the County Administrator or his designee wiflfin sixty (60) days of thc expiration of this Agreement. ~ :O : ~-.'; .N: All promotional literature and media advertising must prominently list Collier County as one ofthe sponsors. 17. ~1~: This Agreement may only be amended by mutual agreement of thc panics and after recommendation bv thc Tourist Dcvclopmcnt Council. IN WtTNES~; WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent· hereunder scl their hands and seals on the dale and year first above written. ATT'EST: ~' ' .. 'DWIGII_~E7 BR'~)CK, Clerk ".~tt~st ~ to Chairman's \VITNESSES: / .Tav :.'u r?h7 }'ri~lcd'! .~ pcd Name _.JLii_LL~_; r [ e r Pnnledq :,,'ped Name BOARD OF COUNTY COMMISSIONEP, S COLLIER COUNTY.,FI.ORJDA 5/ BY:~man- GRANTf:'E NAPI.Efi AREA CIIAM BER ()F ('().M,MER('E. IN('. Dawn D. Jnntsch President Pnn~e~'l'}~dT~lle (corporate seal) Approved as to fom~ and legal sufticicncy Heidi F. Ashton .-' Assistant County Attorney h:/h~,,"hfa. 991 D(7,' 1999 Naple~ Area ('hambe~ of (',.',mmcrce. lac COLLIER COUNTY F I L M OFFICE Locations That Make A Sccne '8A1 COLLIER COUNTY FILM OFFICE 1999 BUDGET EXHIBIT "A" BUDGET Membership Dues I.O0(J Trade Shows I O. I Marketing 6.000 Subscriptions 300 ()perating lixpcnses 32~6(}0 'I'OTA [. 50,{}00 COLLIER HEHBERSHZP AFC! 500 Film Florida ~00 F M PTA 2 O0 SUBTOTAL 1000 TR.4DE SHOWS ShowBiz East 3000 AFCI Cineposium 3000 ShowBiz West 3000 Annual Film Florida Conference 900 COUNTY FILM OFFICE 1999 BUDGET Annual membership dues for professional association of commissioners worldwide Annual membership statewide organization of film commissioners and industry representatives Local chapter dues Association of Film Commissioners International Florida Mobon Picture and Television Association September 16-18,1999 Produced by Variety, held in NYC @J. ]avitz Center. Trade show for East coast film/TV/advertising Annual conference of international organization of film commissioners Location: TBA Costs: Conference fees Air fare Ground I:ransportation Hotel Per diem June 25-27,1999 Produced by Variety, held in LA @LA Convention Center. Trade show for LA film/TV/advertising Nay 23-25, 1999 Annual conference for Film Florida in Miami. Costs: Conference fees Ground transportation Hotel Per diem Registration fees are determinc~d by # of participants in Film Florida booth Educational/training conference- attendance mandato~ to qualify for membership Pegistrabon fee-, are determined by # of participants in Film Florida booth Seminars, panel discussions, organizational and committee meeLing Quarterly Film Florida meeting SUBTOTAL Advertising Collateral photo guide Stationery FEDEX Postage SUBTOTAL 20O 10100 lO00 3500 500 700 300 6000 August 1999 State commissioners host meetings in their county/dry Costs: Ground transportation Hotel Per diem Within industry trade publications announdng the office opening/contact information Local Location guide containing photos by regional photographers; photographers have donated their work; concept in place shared cost with Lee County Set up fee and cost of printing Letterhead Second sheets Envelopes Bur, in~ card.~ Based on average overnight pak rate/wt. General mailing of requested informabon including producbon guide/collateral There are no ex~sting materials that include location photographs of the area and film office information for distribution to client requests and to trade shows/sales missions Logo already created in addition to general use, business cards are gwer, out at lr,3de shows and missions Clients request 24- 48 hr. turnaround on location files and production information Additional post~ge if often required SUBSCRIPTIONS Hollywood 250 Reporte~ Premiere 25 Entertainment 25 Weekly SUBTOTAL 300 OPERA TING fXPENSE$ Telephone service ~500 Cellular phone 500 service Film processing 1300 Office supplies 650 Personnel 25000 8 month period (22000) Office Space 2000 Local mileage 1500 Daily industry trade paper Mon~lyindustrytrade magazine Weeklyindustry~ade magazine Long-distance and local service. Most clien~ are out of the area, often different time zones; some international calling is required Client service requires accessibility Essential for the maintenance of location files and for responding to client requests. Professional quality processing account should be set-up to assure 60-minute turnaround Duplicates are always required for protection against lost files The creation and updating of location files is critical to the office. Manila folders, tape, glue, labels, etc. are used constantly to produce photo files for clients Salary for full-time professional film office director One office; use of meeting rooms; support staff Re: meetings, location shooting, general film office business Basic subscnption rate Basic subscript~bn rate Basic subscription rate lnclud,ng cost of 3Smm film Additional amount includes benefit package: health and life insurance Located at 3620 N. Tamiami Trail in Naples Based on a reimbursement of .32 per mile 4 Reference Materials SUBTOTAL 150 32600 Industry production guides and reference materials- listing contacts, media lists, filmographies As a reference for the community and clients ': 8/ 2 FIRST AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND TIlE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION Tills FIRST :\MENDMENT TO AGREEMENT, is made and cmcrcd into this:~ da.,,' of . 1999, by and between tl~e Tourism Alliance of Collier ('ounty, composed of Visit Naples. Inc. and thc Marco Island Chamber of Commerce. Inc. on behalf ~f thc Marco Island and Everglades Convention and Visitors Bureau, hereinafter collectively referred "GRANTEE" and Collier County. a political subdivision of thc Stale of' Florida. hereinafter referred to as "COUNTY." RECITALS \\'ltER[:'AS. the COUNTY and Ibc GRANTEE entered into :t 1()'~8 'l'ourism :\grccmcnt dated September 1. 1998 (the "Agreement"} in thc amount of One .\lillion. One Iltmdrcd Ninety-five Thousand. Four ttundred and Twenty-nine Dollars IS 1.195.429.00}; and WI IF.P, EAS. GRANTEE has requested an increase in thc amount l'undcd; and WtIEREAS. thc COUNTY agrees to the requested increase in funding. WITNESSE'FIt: NOW. TIIEREFORE. BASED ON TIlE MUTUAL COVEN.,\NTS Ilt!RF. IN ANI) OTItER VALUABLE CONSIDERATION, IT IS MUTUALLY AGRFED AS Fei. LOWS: 1. Section 2 to the Agreement shall be deleted in its entirety and replaced wifl~ the following language: PAYMENT: The amoun! to be paid under this Agreement shall be One Million. Three }tundrcd Sevcnty-tx~o Thousamt. Two t tundrcd Sevcnly-cight 17)ollars (51.372.278.00). The GRAN'FEE shall be paid m accordance with fiscal procedures of thc Count',' for expenditures incurred for the pmmolion and adverlising expenses :ts described in Section l upon submittal of an invoice and upon verification that the scr'. ices described in the invoice arc completed or that goods have been received. 8A2 GRANTEE shall determine that the goods and services have been properly pro,.'idcd, :md shall submit invoices to the County Administrator or his designee. The ('ounty Administr:,tor or his designee shall determine that the invoice payments arc authorized and thc goods or services covered by such invoice have been provided or performed in accordance with such amhori,,alion. Thc line item budget attached as Exhibit "A" shall constitute authorization of the expcmlitt~r¢ described in the invoices pro,.'ided that such expenditure is made in accordance with this Agreement. Each in:'oicc submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor in,.'oiccs and proof of receipt of goods c,r pcrlorl)),ll~cc ~)f' thc ~cr,.ice.~ ira, meed. (}I,[ANII'~I: sh;dl cert~ly In v,'rJtJng ~h:l[ all subcontractors and x'cndors have been paid for work and materials from previous payments received prior to receipt of any l*urther payments. The COUNTY si~all not pay GRA~ Il:l: until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the lax,.'. GRANTEE shall be paid for its actual cost no! to exceed the total ;~mount for various linc items and up to thc maximunl amount budgeted pursuant to the Attached 'F. xh'hit A". The amounts applicable Io thc various line items of Exhibit "A", subjecl to thc maximum total amount, may bt increased or decreased by up to ten percent (Itl%} at thc discretion of GRANTEE. Ad.iustmcnt in excess of ten percent (10%) of an,.' line item must bt at,thori×ed by thc County Administrator or his designee. 2. Exhibit "A" to thc .Agreement shall be deleted in its entirety and replaced with F~xhihit "A" attached to this First Amendment to Agreement. 3. Except as set forth herein, all ofthc terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set thcir hands and seals on the date ami year first abovc written. DATED: DWIGttT E.' BROCK, Clerk / 7',,, ,'/ ,.. Primed 'I > ~d BOARD OF COUNTY COMMISSIONERS COLLIER ~OUNTY, FLORIDA , PAMELA S. MAC'KIE, Chaim'oman GRANTEE TOURISM AI,LIANCE OF COIAAER COUNTY By: Visit Naples, Inc. ,,, %tt':>',~ t (corporate seal} By: Marco lst,a-'/~J Chamber of [ 'ommcrcc. Inc. f'rm lcd 'l ? ~'d 'I ~l)e Approved as to fom~ and legal sufficiency t i , tleidi F. Ashton Assistant Countv Attorney h ,1~ hfa. 991 IX'', I ' Amt'mt [ h~ hmn~m A Ihance ol CC >. F-. Z 0 L) Ld L> Z For ~latched-Fundlng For Existing l.andscape lmprovcnrents Within Cotmty Road 951 Road%ray ,'Hctli:lr~ 881 This Cost-Sharing Agreement entered into thi~day of ~ . 1))), by and between the Board of County Commissioners of Collier County. Florida. fhL~cin~tcr-/~fcrrcd lo as "thc BOAR[)"}. and U.S. florae Corporation. ;~ Ddawarc Corporation. (hereinafter referred In as "Ibc DEVELOPER") concerning construction work ("Work" specifically limited complclcd by DEVELOI'ER in colmcction with thc adoplion or lhc'('.llicr Cotmly Nlrcclscapc Ma.~tcr l'lan for County Road 951 f'Troject"). Said Construction Work is set forth in thc lamlscapc plans and specifications and other conlract documents hereinafter specified prepared by Witnesseth: WI IEP, L:AS. the DEVELOPER has chosen lo landscape dcsignalcd roadway medians on ('mmty Road 951. fronting and adjacent to Naples Heritage Golf and ('ount~ Club. in order lo benefit its development: and \V/iEREAS. thc BOAI~,I) supports Median Be;mt~ficatinn hnprovcmcnts within thc imblic ~,~;~(l r:ghls-of-',,,ay in ('t,llicr County: and WttEP, EA.q. thc I30:\RD'S Staff has rcvicwcd approximalcly 52.f,f~O square feet of medians within County Road 951 mad right-of-w;,y. NOW. TItEREFORE. based upon the mmual covenants contained hcrcin ami other vahmblc consideration, thc BOAR[) and thc DEVELOPER, f,r thc consideration hzrcin set lbrth, aurcc as follo;~ s: ~ Section I. A. Thc (.'osl-Sharitpg .,\grccmcnt and the Exhibits described in Scclion 5 hcrc. f ;md art~cmh"nciH5; rclatin g thcrclo arc inct~rp~ratcd by rc terence antl nl:~dc a ?art o f' this ('ost-Sh;:ri ng/\ ~,rccli'~cnl. Section 2. ;\. The DEVELOPER or its successor agrees to maintain Ibc medians as provided in this ('ost- Sharing Agreement at its sole cost and expense, lbr a period of ten (1()) years from thc commencement dale described in Section 4 or until such time as the government agencies of ('oilier ('mmty. Florida. assume thc maintenance responsibilities for same. B. The I)fSVF. LOPER has furnisi~cd :md paid f.r all management, supcrvismn, financin,z,. Iai'mr. materials, tools, fuel. supplies, utilities, equipment and serxqccs of cx crv kind amt type nccessarv l~} fully perform and complete thc Work required in the landscape plans and specifications. Page I of,l 8B1 '"' Section 3. ~'onslruction ~ Ammmt : t..J -- '[he roadway medians have been landscaped in accordance with thc r~crmitted phms. 'Ibc ~ctual construction cost amount has been certified by a landscape architect, licensed in thc ,qtat¢ of Fh,ri~t:t. Based on that certification, thc BOARD agrees lo pay to the DEVELOPER a lump sum payment equal to one-half (~) o£ the certified actual costs of said construction, beimz~ T x.¥, EN 'fh,'-l:IGl I' 'F TttOI $SAND SIX HUNDRED FIVE DO, I.[.,\RS ~ wid'fin sixty (00) days after thc ,.'xccution o1' this Sharing4 ..\grccmcnt date. Section 4. Time A. '1 hc ro.~dv,'av median v.'ork is conlplcted and has been rcvic,.,.cd for fin:fi acccpl:mcc hv ~l~c BOARD'S Tr:msporlation Services DePartment Landscape Operations .ScclMn Staff. B. I)EVELOPER represents, warrants and agrees to indemnity, reimburse, defend ami County harmless from any and all costs (including attorney's fees and cosls) asserted against, imposed on or inct~ed by Cm:nty. directly or indirectly, arising from DEVELO['[~R'5 p,:r~rm:mcc median beautificz~tion ami maintenance activities, ami pursuant to or in c~mncctitm with thc of any federal, state, h)cal or common Jaw rclating to pollution or protection off thc cnvirmm~cnt which shall be in accordance with. but not limited to. thc protection of thc cnvironn]cnt which shall accordance with. hul llot limited to. thc Con]prchcnsivc [Snvironmcntal Response. ('ompcnsati()n. Liability Action of 1980. 42 U.S.C. Section 9601. ct seq., t"CERCi. A" or "Supcrfimd"), which amended and upgraded by thc Supcrfimd Amendment and Reautlmrization Act of 19~0. including any amcndnmnts or successor in function to these acts. DEVEI.OPER'N indcmnil]catitm Cotmty shall include, but not be limited to. environmental claims concerning tl]c median area as well claims by neighboring property owners or the traveling public. C. When any period oft/mc is referenced by days herein, it shall bc c~m~putcd It) exclude thc first day and include the last day oFsuch period. Il'the last day of any such period fifils on a Nattmt:w or Sunday or on a day made a legal holiday by thc law of thc applicable jurisdiction, such day shall hc omitted from thc computation and thc last day shall bccmnc the next succccdinz dzw which is m)l ;~ Saturday. Sunday ,)r legal holiday. D. In the o',cut that thc DEVELOPER fails to maintain the median as provided in Exhibh "("'. thc County may perform or contracl out all or a portion of the maintenance services required by thc Cost-Shafin~ Agreement and bill thc DEVEI.OPER or its successor fi~r such expenses. Thc (',mmv shall provide five 15~ days written mllice lo DI~VEI_OPER or i~s successor of thc C'(>untv's Hllcnt Io perform the maimcnancc services. The County shall invoice for the maintenance services provided. Thc DEVELOPER or its successor shall provide payment to County within twenty (2{)) days of invoicc submittal. Page 2 ol 4 Section 5. Exhibils Incorporated t'": [j .. The fi~llowing documcnls are expressly agreed to be incorporated by rcfi.'rcncc amt made a part of this Cost-Sharing Agreement: F, xhibil A: F_xhibit B: Exhibit C: Insurance Requirements Minimum Maintenance Services Specifications l.andscape l'lans and Sp¢clficalions Scclioll 6. Notices All noticzs required or made pursuant to this Cost-Sharin~ ..\grccmcnt bv tht: to thc [;OM~,D shall be made in writing and shall be delivered by hand or bv Postal So,icc. first class mail. postage prepaid, return receipt requested, addressed to thc follov.'ing: ('oilier County Board of County ('onmfissi(mcrs c 'o Transportation Se~'ices Dircct,,r 3301 Tamiami ]'rail East Naples. Florida 34112 All notices required or made pursuant to this ('ost-Sharmg DEVEI,()PER shall be hi;ldo ill writing and shall he delivered bv hand ~r bv Postal Sen'ice. first class mail. postage prepaid, return receipt rcqucslcd, addressed h~ thc fi~lloxving: Peter (,omeau.~yice President .' Land Division U.S. ! Ionic Corporation 1o491 Six .Mile Cypress Park,.vay. Suite 1 Il Fort Nlycrs. Ftnrida 33912 ('. F. ifl~cr party may change ils abo'~'c noted address by giving ~.,. hitch notice lo Iht ~,ll~.,~ par't5 In accorda;:cc v. itt~ thc rcqtiircmcnts of this Section. Section 7..X.h,dificatior~ No m,)dil;cation or chanue to it]is ~' ' ~" -' ufa,: thc . k. oM-aha~ill!,2. Agl.2t2al0;lt_ slla,~' "bc valid or bindin:4 parties unless i, x~ tiring and executed by the party or parties intended to be bound bv it. Section 8. ,%ucce,;sors and Subject to other provisions hereof, the Cost-Sharing Agreement shall be bimting uptm and sh:,ll inure to thc benefit of the successors and assigns of the p:mies to this ('ost-Sharing Agrccmcnl. Section 51. Governing Ix:v,' ]'his Cost-Sharing :\grcc:nc.t shall be interpreted under, anti its performance ?vcrncd by. thc laws of the State of Florida. Thc failure of thc BOARD lo enforce at any time or lbr any period oFtimc any ,mc m' m,,c ,)t' the provisions of this CospShanng Agreement shall not be conslmcd to be and shall no~ bca waiver of any such provision or provisions or olios right lhereafier to enforce each and eve~' such provision. Section 1 I. Enlire A,.zreement Each of tile panics hereto agrees and represents that Ibis Cost-Sharing .-\:._,rccmcnt c,,mpriscs full and entire Cost-Sharing Agreement betv.'een the parties affecting the Work contemplated, illltl other agreement or understanding or any nature concerning Ibc same has been entered inh) nr wilt recognized, and that all negotiations, acts. work pcrfommd, or payments made prior ~o Ibc cxccu!i,m hereof shall be deemed merged in. integrated and superseded by tile ('ost-.'-;h:trinz ..\grccmcnt. Section 12. ~everabilitv Should any pr(,'~ision of t}~e Cost-Sharing Agreement bc determined I~ a c,m~ t,, hc uncnfi~rceabie, such a dclcrnnnatSon shall llOt afl,'el the validity or c:~tbrccabitit~ ill'Jill', olhcr Sccl,,,:l (,; pa~ thereof. IN \VI [NI:SS \VIIF. REOF. the p;,rlics have cxcct, tcd :his ('ost-Shanng :\'.Lrccrnchl on Ibc d;llc(ql indicated beto'.~. WITNESSES: Prinl, Name Print Name DEVELOI~ER: u.s. [)(.'|er ( 'CqllL'atl 0.\'ice President l.and Division ( ('oqmratc Sc;ltl ATTEST: Dwigh. t E. Brock. Clerk ,~S Ictn,., t,,r,, · t .pprov~ilas 5~ t4mn and Legal Sufficicncy; BOARD OF COUNTY COMMISSION[iRS OF CO[.I.IER COt 'NTY. FLORII-)..\ . ,'/ / // ! 1~,.,.: - ,. / t })alllCta S..\lac'Kit. ( hairv, c)i!lan Pagt: 4 of 4 EXHiEIT A INSURANCE REQUIREMENTS (I) 1"ne CONTRACTOR shall obtain and maintain such instu-mnce ~ ~viil protect it' ,';'om: (I) claims under worker's compensation laws, dis~bilitv benefit laws. or other similar employee benefit la:~s: (2) claims for -damages because of t'odily injtzT.', ccc'a?ational sickness or disezse or dea:h of his emplo?ees includini~ clafms irzured br.' usgal rc:"~..-:nal inju,'5.' liabiii:'. coverage; (3) claims for damages because of bedil?' injuo', sick.ness or diseo~e, or death of aav person other k.~,.-.,-i his employees, including claims i,"'aured by u.sxzl FCrsonal "injur':' liability coverage; mhd (4) from claims for in. iuD.' to or destraction of tangible gropeay includine loss of usc resulting ~erefrom -- may or all of which claims may arise out of, or result from the see-vices, work and operations carried out pursuant to and under the requirements of the Contract Documents. whether such sen'ices, work and operations be by the CONTR.*.,CTOR. its emplo?'ecs, or by subcontractor(s), or anyone employed by or under the supervision of zn)' of fir. em. or for whose acts -,.ny of them may be leg~ly liable. .'h,. msu~'~ce shall be obtained mad xwitten for no: Ic;;s tb:.n t}:c limits (2) '~ :,' specified hz.z: .... ~:., or ~ required by law, whichever is greater. (3) The CONTRACTOR shall require, and shall be responsible for ~suring throught)ur the time the Agreement is in effect, that any and all of its subcontractors obtain ~d maintain until the completion of that subcontractor's work, such of' the insurance co,.era:,cs described herein a.s arc required bb' la'.*.' to be provided on behalf of their employees and ot,he,"s.. (4) 'l"ne CONTRACTOR shall obtain, have and maintain during the entire pc,dod of thc ~'.'cement ir, surmnce policies which contain the following info,,"matien zqd ?ro'.'isions: (A) 'IZe nm, are z'~d t.'.pe ofpo,icy zmd cove:ages ~,~ ~cc. (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage; (O) The designation of the Collier Count.,,' Board of Count;' Commissioners (the "Boned") as an additional insured ,z~.d as ce:"dficate holder. (This requirement may be excew:ed for Worker's Compcr'~ation and professional liability insurance.); (E) The following clause must appea.r on the Ce:'fificate of Insurance: Should aa:,' of the above described policies be canceled before the expiration dare thereof, the issuing compass)' ',*.'ill endeavor to mail 30 days wriuen notice to the 881 V Board as certificate holder, but failure to mail such notice shall irn~se no obliffation or liabili~' of any kind upon the insurance company, i~s agents or representatives. (5) If the initial, or ~y subsequently issued Certificate of Insurance expires pr%r to the completion of the Work or tee'ruination of the Agreement, the CONTtL-X. CTOR shall furnish to thc Count':', k'a triplicate, renewal or replacement Certificate(s) of Insurance not later tha'~ thirty (30) calendar days prior to the date of their expiration. Failure of the CONTRACTOR to provide thc County ~ith such renewal cexificate(s) shall be considered justification for the Coun:v to tcxnina:c the Agreement. (6) CONTRACTOR sMIl include the Board, the Board's agents, officers and employees in the CONTtL-XCTOR's Gene,al LiabiliD' and Automobile Liabilir:' policies additionM insureds. (7) If d~e Board has any objection to the coverage afforded by other provisions of thc insurznce required to be purchased and rnaimained b?' CONTRACTOR in accordance whh tko requirements of the Con2'ac~ Documents on the basis of its not comgiying v. ith bt:e Cc',il!rac: Doc~'-nen~. Boxd shall notif7 CONTIL-XCTOR in v..,'iting thereof ,Mthin thirty (30) days of' thc deliver:' of such ceaificates to Board. CONTRACTOR shal! provide to the Bo~d such additional info ,r:r.a:ion with respect to is insurance as may be requested. tS) l,'he CONTRACTOR shall obtain and main:~n the followir, g in_~uraxcc ms provided fi>r hereinabove, and in the types and amounts, m'xd in confonn'..ace ,Mth. tko minimum requirements: (9) The CONTRACTOR shall, throughout the tc,,"m, of thc Agreement. bc obiigatcd t,, provide to the Boa,d, on an annual basis, a copy of the current certificate of' insu.~nc: ,,~hich shall retie;:: the types nnd levels of insurance required under the Agreement. WO RFLF. RS COMPENSATION Stale: Statutory' Applicable Federal: (e.g. Longshoremen's) Starutor,' Employer's Liabili:y: S I00.000 COMPREHENSIVE GENERA. L LI.-LBILITY Bodil.v Injtw:': Pro?¢av. Da.ma,,e'=. S 1,000,000 Each Occurrence S 1,000,000 Each Occurrence Cempreheasive General I. iability Insurance shall include Contractual Liability. Explosion, Collapse, &"id Underground Coverages and Products and Cc, mplctcd Operations coverages. COMPI:LEHENSIVE AUTOMOBILE LIABILITY Bodily Injury: Properq:' Damage: $1,000,000 $ 1,000,000 Each Occurrence Each Occurrence Comprehe:'tsive Automobile Liability shall include cove:'age for ~v owned auto. non-owned autos and hired autos. EXIIlBIT B MINI,MUM LEVEL OF MAINTENANCE SERVICES SPECIFICATIONS These specifications (the "Specifications") are intended to provide t.k.. information by which CONTIL&CTOR ma.'.' understand the requirements of Collier Count':' (sometimes herein, thc "Count"') relative to furnishing Maintenance Services of medians cons:nacted on Count? Road 951 as described in the Agreement and Exhibits attached thereto (thc "Contract Documents" or thc "Contract"). LOCATION AND DESCRiPTiON OF \VORK AREAS. The areas of v.'ork included in these Specifications are located as described below as:d a.s skm~n on the plmns at'ached to these specifications: ]hose median islands where landscaping, and ~mgation s;'s;cm:4 have bcza in~zallcd ir, accor&mce with the Agreement being located as shov, n on the Plans. All areas ,,vi\bin the Right-of-Way Lines of C.R. 951 to the Nor'& and South limit of ,.,.',)rk lines. SCOPE OF WORK The ',verk covered by fl'~esc Specifications requires a v, rekly ser,'icinz of ail medi,~m isk::,,d:s arid consists of furnishing ail labor, equipment, materials ar:d services r. cce'~;u-v to s.~tisfaca,rilv perfom~ the f,)ilo~inz items: A. I! D G IN(-) Mechanical edging shall be done with each mox~Sng along all sidewalk c.J"fcs, back of concrete curbs, around all plant beds, utility sen'ice boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, trees and an.,,' other tuff areas. Grass root runners ex:cading into the mulched areas shall be cut and removed whe,: the edging is peril)treed. Edging will also be required within the median mhd other Right-of-Wa? area.s v.'herc is,?lated u'ees, sprinkler heads, valve boxes, shrubs, sign posts, m~:holes, miter ends. inlet structures, etc. exist. All debris on street, sidev.'alks or other m-cas re.suhing .from edging shall be removed. No herbicide shall be used for edging. MO\VING /,all turf areas shall I:c mowed with mulching type mower equipment to eliminate thc need to \'ag and transl':on off-site the grass clippings. Should bagging be necessary, the bagged clippings shall be collected and placed as directed bv fl~e Contract Manager, at r,o additional cost. Ail grass shall be cut at a height of t~N-ee and one-half (3.5") inches. E The turf areas shall bc mowed at a fourlcen (14) day intcn'al during thc winter months of December I st through and including April 30th and once per week during the peak growing season of .May Is~. &rough and including November 30th. ]'he mo~dng and edging service qua`':tities required for this Con.ct is fo~'-two (42). Four (4) additional so.Sees ha'.'c been incorporated for unforeseen seasonal conditions that may oc.m requiring thc are:as t,, be mowed beyond the above specified schedule. These intcr~,als of mowing rna,.' bc modified by the Comract Manager pending weather occurrences An'..' a`-e,',.s of tuff that become v,'ater soaked during thc period of this Contract shall bc mo'*ed with 21" (+/-) dia. ha,nd pushed type mov,'ers to prevent '.,.'heel ruts in the turf caused by heavier type self propelled rider mowers. Contractor shall be responsible repai~ng an)' ruts ca~cd by its mowers at no additional cost to the County. All sid,.:walks, gum'&ail base, curbing an&'or gutters including a fi>ur foot (4') area from thc face of the curb, shall be cleaned after e~ch sec'ice. All sidewalks shall be hlo~,,n clean but no c',i?pings or other debris shall be blo:~n or allev.'ed to be deposited on other adjacent pro,reay or accumulate on Right-of-9,'ay areas. Fu:'therly reset/bed as all presently unmalntained tuff areas along the I:_'~t and \Vest road,.vav shoulders, from the back side of the existing curb to the Right-of-Way line or a minimum dis:anco often (10) feet whichever is greater. STREET CI.EANING A four foot (4') area measured from the face of O,c curb a~nd. or gutters shall Ix: cleaned at lea.st once Vet month lo remove an.,,' accumulation of debris or objectionabIe growth and t,) maintain a neat a,nd safe condition. All curbing ~d.,'or gutters including a four foot (4') area from the face of fi'~e curb and side'.~atk areas shall be cleaned after each sen'ice. All sidewalk/curb joints Shall bc kept weed-free and the sidewalks blown clean with each sen'ice. No clippings or other debris shall be blown or allowed to be deposiled on other adjacent propeay or accumulale on rit:,~:-o f-v.'ay a.-eas IR..:, S H R!!MOVAI. A we~:kly ser,'icing of all median islands a~nd adjacent Right--of Way are required to clc,'m- up and remove all debris, paper, bottles, cans, other trash, fronds and hoaicuhuml debris. It is suggested dmt this pick-up a/so be done peer to mowing in all turfa:e&s. T'RIMMING ANT) PRU,'NING All shrubs, gromndcover, and trees other than Palms shall bc inspecled, trimmed, and pruned ena weekly basis or as often as necessary to maintain thc desired shat, and fom~ of Fo the landscape material as determined by the Collier Courtb, Contract Administrator. Om',.a'nental grasses (White Fountain Gr',,..ss, Fakahatchee Grass) shall be pruned in a tear drop shape to a ten (I0) to twelve (12) inch height the first week of October and April. ]his item of v.'ork shall also include removal of suckers, poison i',y o: a,ny other objectionable gro'.,.'~h which may fix iL~elf to the shrubs, groundcover, grasses and trees. Priva~clv pint ma;e,'-ifl which may encroach into ~e roadway Right-of-Way shall be trim~cd pruned as direc:ed by the Contract Manager. V. TEDING OF PLANT BEDS AND OTHER MULCH'ED AREAS Weeding ofpl~t beds, side'.valk/curbjoip,~, gum-&ails and mulched a:cms by spot spr'a? ;uqd hand pulling will be performed wee.Uy or as necessac:, to provide a weed free and maintained area as deter'mined by fl'~e Collier Count'.' Conu'act Administrator. tterbicidz used for spot s?ra':'ing shall be a non-sele.::ive herbick~e. FERT[I IZ.ATh.qN. S}tR~COVER AND TREES Gr~ula- feailiz2tion of shrubs, groundcover and trees other than Pine Tree.s, Sa,.~. Palmeaos shall be applied by hand in a ringed radius of twel,.e inches (t 2") from the ba.sc of the pla,aa and tv.'enb'-four inches (24") a'ound the trees. The feaiiizer shall be placed at a rate set fo,'"& in ~e follovdng schedule. The Collier County Contract Administ=amr reserves the ~ght to change the femilizntion schedule as needed to meet special tu;5 c~r plant needs. IL?,'E I .c.,.,? REVISED RO..'~2Bt'AY LANDSC/,Z,.~G FERTILIZ. AI ION PROGP~&M M -,-:.eh l:m Feb Mar _Ap., k'a · P',~ ~ ~e~ s ~- I 0- I ~ 04-22 12 5~'I~c~ ~ f ~'~'1~' Tuff. Si.~v!eCa::¢p.t.'z:~:oca:ed',,.iff, intuffa::a..,;s,~:£1:,o:~.e,*,..:~ , ,.:,.,., bcd .s,chzdule ML'I_CHt'NG OF PLANT BEDS Remu!ching of all pI~t beds and tree rings shall be performed t'~dce annually during thc r.,oad",s of November a,".d Ma?'. Before re.m. ulching, an.',' rc.-,,.aiaing existing mulch shall be t,.:.'w, ed .--.~d mixed into the existing soil. Mulch shall not be placed over valves or valve boxes v, hich ~e located within bed a,-ea.s. Mulch material shall consist ..of shred,lcd Eucaly'pt'as Mulch Grade "A". The mulch shall be placed to a depth of two (2) inches of "fluffed mulch" meas'~u-ed from the existing soil g.,-ade. All weeds shall be removed ?riot placement oft,he ne'.,.' mulch. TREE TKI.".fMING (Palmsl Alt Palm.s sh~l be trimmed once during June of each }'ear. 1'ne ~tork sh;~.ll be done in a professional manner in accordance ',,,5th accepted u-'nde stzndm, ds. Tops of the Palms shall have ail bro;,,x'dead and lower fronds removed from the tree. The trees shall not bc climbed to remove the fronds. Access to the tree fronds shall be bv ladder, boom track: or 1i5. All debNs from the trimming shall be removed and work site shall be left in a c!can and neat manner. When this work is being !pe:'forrned, it ma?' be required to close one I. 1) lap< of maffi, c using u-affic control devices placed a sufficient distance in adva'~ce of and bcvond tine v, ork a'ea to maintain a safe and continuous flow of traffic. ORN.-k.',IENTAI. & II.:P,F SPRA'~'ING Overall O,,~mme,'~tal Sp,-a.ving ofpI~ts and shrubs is included in '.,he.se S~dfica:ions ~,,. ,.i~ rz'.:uir',:d that if. a subcon'..'az~or will be pc-fom,;'~ ,., = L~.zhc ..<e~,iccs sz?.coat.'actor s~';all possess and t?.e eON'PR.ACTOR snail provide tine t~",e Collier Count?' Contract Admi,qistralor: Valid State of Florida Pes:.icide I.icense that co,'-:.',piics io all N,.,cra, State (Chapter .8_) and local la~s .--.nd regulatior~. Bachelor degree in Omar,,ental ttorticulture anct"or Entomology or the ezui,.'alent, practical e..p',' ''~ ........ ..... as approved by k~,e BO.-\RD. c. Ctwrent contractors occu?aucnzu license £er ICES: control Before commencing work of any kind, the Pest Control Subcontractor shall procure LEe following ipm,..u--,-'~ce ,,dth insur-,-nce companies licensed in the State of Florida and shall file e'.-idence of such insur-,,nce with dee Collier Cou.qty Contract Administ.mtor. All Certificat::s of lnsu,'-mnce shall include Collier Count.',' as an Additional Insu.:'ed on both the Comprehensive Liability and Business Auto Liability Policies' Worker's Compensation - Coverage in compli~cc with Florida Law. The Policy must also include Employer's Liability with thc limit of S 100,000.00 each accident. ~ 2.1 C.om_~rehensive General Liability_ (Includin.', Contractual l.iabilit,`"/- Minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily lnju. ry Liability and Propeay Damage Liability. (3) Automobile Liability - Minimum limits of $100,000.00 per occurrence combined single limit for Bodil':' Injur:' I. iabitity rand Propeay Damage Liability. :\ licensed sFra.v compaq>' shall submit, and thc CONTR.-\CTOR shall provide t,~ the Collier Count'.,' Contract Administrator, a ',tvit',en spray ?rogr~Lm uhat shall incoworale the following minimum smnd=ds: Describe procedures, me'.hods mhd techv, iques rat ,,,,-ill en;",ince the en,.iror~ent. Pro: igc t,~e maximum lwclccfi°u~for thc Le£t.h, ~f~;. and ~e!fa.-c of public and enviroranent. c. Li:;t of il chemicals to be used. The CONTRACTOR and Subcontractor, if these services are provided bv a Subcontractor, shall m~e on-site inspections and provide v,.':Stten reports to the Collier CounD' Contract Adminisu'ator once per month. Mdhods of Ar. plication: One tlundred Percent (100%) coverage and per, e:~-ati,)n shall be provided. Chem ... shall ke mmnuallv applied bv ,.va!kimz ,`vit.h h~qd held applicators., spray equipment or fe,"titizer spreader. Insecticid::s and Fungicides shall be applied at a minim~"n pressure of 150 pounds. Chinchbug treaaments sh~l be applied at the ,~ommzn~cd sprav mix per 1000 square feet of treatment area. Herbicides used in turf areas shall be applied at a pressure of 50 pounds, herbicide shall not be applied v. hen the temperature exceeds 85'. Spreader slicker ('Nu-Film 17 or equal) shall be incorporated in all spraying of Turf, Groundcover, Shrubs and Turf Are~. Spray applications shall be applied during times of "no-~.ind'' conditions. No tr,.,cks,'tractors ,a'itl be allov,'ed wit?fin the medi~ are~. Provide and place, at a time of application, traffic control meeting Florida Department of Transportation. All spray applications shall contain a wetting agent v, Sthin the mix. Fungicides shall be alternated in order to reduce resisto.ncc. Rate of Application: a. ..MI chemicals shall manufacturer's labels. be applied at the rmes recommended on thc Mate:'i,~ s List: All insecticides, fungicides and herbicides chemicals ~o be used on turf arczs and on plat materials shall be submitted in v,ziting to ~e Collier Count.',' Con?act Administrator for review and a?proval. o Application Schedule: ]'he nu.mber of applications shall be ~ listed below unless ouherMse rbquired bossed upon the on-site inspection reports. ..q. ERVIC[NG 1'HE IR_RIG.a, TION SYSTEMS V,'eeklv Reouirements. Within each median, each zone shall be manually turned on and a thorough inspection conducted to a.tce,"tain proper operation of the system, anti to Check entire system and reI:air s?'stem for an5' blown heads, broken lines and leaks around he~s ar, d valves. c. Check rain se,'zsing devices for propcn.v operation and setting. The CONTP,.&CTOR shall further adjust all sprinkler heads to ensure 100% irrigation coverage. \Vithin ~e irrigated area, the CO,WIT,.&CTOR shall review the plank'; and tuff for dr,,' conditions and if found, advise the Conu'act Manager and correct the problem immediately. 881 Re:uirements. ' Twice a month CONTRACTOR ,,,,'ill check all zone wiring mid solenoid conditions through the use of an OI~! meter and document the rcsuks future reference. A copy of the results shall be supplied to the Collier CounD' Contract Administrator. Once eve:':' two months or as needed, CONTRACTOR `.`.ill clean tile wav strainer filters and inspect them for ',,,'ear. Should excessive we:~- be found the Collier Count'.,' Contract Admi;'fistrator shall be notified. Manually r~m the system to ensure thal no sprinkler heads'nozs'_lcs arc spraying onto the road~,,'ay. CIe~q and adju~ for proper co:crage. General Sea'ice Reduirements Should South Florida Water M~agement District or other Governing :\gency establish water restrictions, the spripMer system skall be inspec:e~ ar.,d all tim.ers se: ms s',med duFmg the m~dated hours of operation se: bp' uhe Dis~c~. Replace defec:i`.e heads/nozzJes, ins'~lation or replacement of risers and repair of minor breaks or restric:ed sprinkler lines. 3. Replace dmmaged valve boxes. 4. Inspect. clean mqd replace ifnecessao', screea'filte."s ,Mt,bin the sprinkler heads Use only Count?' npproved replacements par,& and usc onl?' matched precipitation accme,qt~ Under the direa:ion of the CONTRACTOR, or its a;l .... r,,xd r,.'v~:e.:entative. .. . thc main irriuation lin~:s and quick couples shall be flu.shed once a ,,'em'. Upon issuance of a "Notice to Proceed" i,,'"r-igation system ~d notif?' the existing problems. The CONTI: cnsu:e tha: all landscaped areas r ;ONTRACI-OR shall review thc entire ,unty Conh-act Administrator of an`.' fur&er adjust ~I sprinkler heads to 100%) irTi,_'a:ion coverage. Tot~l (100%) iaigation coverage shxll v. Eile Cqis Cont:ac~ is in effect. fintained ~ithin all landscaped areas Notification to the Collier Count' Contract Administrator is required when acts of vandalism or accidents has occurred to the irrigation system. 10. Il. Keep ail gr~s and mulch out of value boxes. The inside of val,.'e boxes shall be kept cle.--n and the valves shall be kept 100% accessible. Should the temperature be forec~t to be below 34=, the CON-I-P,.-\CTO~ shall bc responsible for turning the in-i, lgation system off in order to protect plants from pessible freeze damage. MA~ib:.NAN(PE LOGS CONTRACTOR snail complete a.nd submit, for Board records, log sheets on a monthl.'. b~is a..,qd ma'.' be required to conduct on-site inspections v,-ith the Collier County Contrac~ ............ ' . saas,~c,ory completion of Contract ret:uirc:ncnts ~.-- ,-;~'-ntor on a `.~eekl',' basis to verify ,- c., , . T?',e or!cinal forw. s for the log s?-eets will be provided to the CONTRACTOR f,~r t',i~ reproduc:ito,t Fu.'poses. TRAFFIC CONTROl. ..\: ~;I umes ~`.hiie pe~om~imz work required by these S ecificatiom; the CON IR.-\CI shxll ~mvide and erect ~ny ~a~c con=ol devices ~d ~e procedures coafo~ing FDOT Mm:ml on Traffic Consol mhd Safe Practices. ~e CONTKACTOR ~511 b~ rvs;ensible to ob=in a copy of ~is docmment mhd become f~mili= ~5~ i~ requirement. ?~c: ad~,ercnce to uEe requiremen~ of &is document xxbll be enforced under ~is Contracu To ~s~is: m employee visibility, approved bright day-glow re, orange cob)red ~:".' shall ke ~¥om by employees when sea'icing ~e .',.IiSCFI.I...\NFOUS GENERAl. MAINTENANCE RESPONSIBII.I'FtES. 1. If plan~, sba'ubs, trees or foliage die due to neglect or damage by the CONTFLACTOFL CONTIL-XCTOR'S employees or a Subcontractor ~ determined t:y the Conumct Administrator, they shall be replaced at tJ~e CONTRACTOR'5, cx?cnze. .,,.~1 be Lb, e CONTRACIOR'S res~nsibility to noti£v Cae (.'oilier Count'. It ¢"'"' - Conu'act Administrator of any maintenance Frob!ems or additional maintenance The CONI'R.4. CTOR shall V.'fform inspections on al! plants, shrubs, trees ~d grass ~e~ fbr dise,'tse or insect infestation. The CON'I'R.&CTOR shall immediately notify LEe Collier Count5' Contract Adminisu-ator should a discv, qe or infcs:ation be founJ. MISCEI.I.ANEOUS IRRIGATION SL-XINTENANCE RESPONSIB[LFI'IES. It shall be the CONTRACTOR'S responsibility to notify the Collier Count,.' Contract Adminis:.raWr of' an5' irrigation problems or additional irrigation maintea~qce needs. The i,~gation sen'ice per'sonnel shall provide on-site 2-v.'av hand-held cormmunJcations during all sea'ices anct,'or inspections. 'l,'he i,"rigation sen'ice personnel mt~t troubleshoot time docks, i.e.. pox~er-in volt and 24 voit fuses, 24 volt output v, hcn necessar)'. The irrigation sen'ice pe:'sonnel mu..q troubleshoot an?' pump st,'m relay, main ar.d capacitors ,,',hen nccessmw. It shall be the responsibility of the CONTRACTOR to provide legal access pumps, time clocks, controllers, etc. at such time as Collier Ce,rm.' assumes maintenance responsibility for the medians. ACCIDENTS OR THEFTS. The CONTRACTOR shall be responsible to contact the Collier Count;' Cc,ntract Adn,,n~ ..... or of' any accident or thefts involving the areas :qthin this Nlainter~arlce Contract. RESPONSE TIMES. On a daily_basis, the CONTRACTOR, or a representative of the CONTRACt OR. may bc required to t:a,.'el to the site immedia~e!y to meet with ~e Collier Count,,' Contract Administrator or Sheriffs Depar'ta'nent personnel to resolve an emergency and shoulJ thc Contract Administrator contact the CONTRACTOR by telephone, beeper or radio CON~FRACTOP,'S EMPLChhTES. Emplo?'e~:s of the CONTRACTOR shall be properly unifo,,-med and provide a nca~ appearance. Ail employees of the CONTRACTOR shall be considered to be at all times thc sole cnlplo,vees of the CONTIrLAC'IOR under his sole direction a.qd not ,'tn emplo?ec agent of Collier Count3'. The CONTRACTOR shall suppl.',' competent and physically capable employees and Collier County requires the CONTRACTOR to remove at: employee it deems careless, incompetent, insubordinate, or othe~vise objectionable v, hose continued employment is not in the test interes~ of the Ce:.mtv. : F..XtlI B IT C' ~ ' 'li -I '4 lMc ANLY ~___.~ ~ FL, 1,1 m 0 II z 8B1 MAINTENANCE SrTE E. NT R Y m M c Al'.4. Y ENGIN£ERING RESOI,UTION NO. 99- 219 A RESOI.U'I ION AUTIIORIZING A SI'I~I!I) I.IMIT RF.I)UCTION FROM FIFTY-FIVE MILES PER t1()1 'R (55 MI'ti) '10 FORTY-FIVE MILES PER IIOUR ~5 .MPII) t)N ('R. tVANDERIIII. I' BEA('It ROAD) FROM OAKS I~ASTFRI.Y F{)R A DISTANCE OF ONE AND ONE-IIAI.F ~1'/,) Mil.kS. WIII~REAS. ('haptcr 316. Florida Statutes. pcmms file lhmrd of ('~tllllv ('omm~ssi,mcrs to alter cslahlishcd spccd Ilmils on roads undcr ils jurisdiclitm: ami WIII~REAS. C.R. $62 {Vandcrbill Bcach Road} fislls under thc lunsdictmn {s[ ll~c WttEREAS. m accordance a ilh Section 316. Florida Stalulcs. thc }h)artt of ('OtllllV ('onlmisslnncrs may ahcr such cxisting spccd limils as lllily hc approprh~lc cnginccring and Iraffic inx cqigalion; alld WIIEREAS. Ibc rcsulls of such cnginccring and Ir,lille inx CSIIg:IIigHIS dclcrBiil~c Ih;ll file reduced si)ccd limit is reasonable il[Id S;IFCF under Iht condilion~ ihuml 1,~ cxisl and il omfhrms In crilcria pnmmlgnlcd hv thc ('nunlv. NOW. 'IIII~REFORE, BE Il' RI~SOLVED ItY TIIE IIOARI/ (iF COMMISSIONI~RS OF COIA.IER ('OUSIY. FI.ORIDA. that: I. 'lhc Board of ('OlllllV ('ommissioncrs docs hereby cslahlish a Ibrly-livc miles For h(mr (45 mph) speed limil on ('.R. 862 (Vandcrbih Beach Rna(I) f?(m) Oaks [~oulcx ard castcrly fi~r a dislancc oronc and one-half{ I'/,) miles, and dncs hcrchv dirccl file ('otlllly Transpo~almn Scrviccs DcpaflnlCnl lo croci apprnprialc ;~dvancc -arnmg "RILI)IX'E SPI~ED AIIILAI)" signs alllJ Si*CCd Jllllil lhcrcol', ,.\ cnpy nf this Rcsohflinn he fi)n~ardcd to lire ('olhcr ('nnnlv SherifFs Oflicc fi~r prnpcr cnforccmcnl of thc nffl~¢ cslablishcd speed limil fi,r ('.R. 862 (V'andcrbih If:ach lin:id} xvhhm thc tlcsign,dcd scgmcnl. ~_~. day ,, AITES'I: DWI(;iIFI' IL IIP, O('K. ('fork ; Deputy Clerk Appmvcd as to fi)tm and legal su rficicncy: Thomas C. PaJIllCr Assis an COLIIlJV Allomcy I~OARD OF ('OUN'I Y C¢)MMISSI(}NI~RS ('OI.[.I~R .COl ;N'I Y. Fl.(HUD ,5 /' lb':..[ _:'_:~.( [..,' ' ' y I'AMEI.A S. MA( "KILL RESOIAI'i'ION NO, 99- 220 A RF. SOI.UTION AUTIIORIZING TIIE ACQUISITION OF I.AND IIY GIFT, PURC[IASE OR CONDEMNAIION OF FEE SIMPI.F. TITI.F. INTI.]~,I:.ST.S AND/OR NON-EXCIAJSIVF., PERPETUAI~ ROAI) RIGI IT-OF-WAY. SIDF. WAI.K. I;TII.FFS', DRAINAGI..', MAIN'I'F, NANCF. ANI) 'I'F. NII'OI~,ARY DRIVEWAY RESIORATION INTERESTS BY I~ASI".MENT FOR TIIF. ('ONSTRI~("I'ION OF TtlE FOUR-LANING ROADWAY IMPROVI:~MF. NTS FOR GOI.I)EN G:\TH BOU[,EVARD ilE'I'\VF. EN C. R 951 AND WI I.SON BOt;I.EVARD I'ROJF~CT, CIE NO. 62. WI IERI:.;\S. the Board of Counly Commissioners. on October 28, 19~7. adnplcd Ordinance No 07-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element o1' Ibc Growth Management Plan in order to establish priorities f.r the design, acquisilitm and construction tH' thc vim(ms capital improvemcnl projects The 'l'ranspc~rtation Elcmcnl of' thc County's ('omprchcn,kc Plan ~as adoplcd in Ordinance No 07-62; and WI II~REAS. Ibc fimr-laning improvements lo Golden Gate Boulevard Road belwecn C. 951 and Wilson Boulevard is one of Ibc capital improvement pmjecls required under the 'Fransporlatirm Element of thc County's Comprehensive Plan, and Wt [EREAS. the Board of County Commissioners. on April 28. 1998, adopled Resolution No 98-107 amh.ri/i~lg ibc (7ounty SIafflo acq.ire by gilt ar purchase ce~ain cascmcnls :md/[~r f~'c simple title to fl~e property and prope~y interesls required and necessary lbr the G.Iden Gale Iloulcx'ard farting roack~av improvcmems of Golden Gale lloulcvard between C R 951 and Wilson Boulevard; and WIIERI~AS. Iht location fi~r c~mstrucfion oF the proposed improvements has been fixed by surxev and is collectively represented by Ihe legal descriptions comprising Exhibh "A" aMached hereto and incmpora~ed herein WIIKREAS. al~er c~msiderahon ~1' Ibc availability of alternale routes and Iocali{ms, the comparatixe costs of project alternatives, various impacts upon thc environment, hmg range op6ons, and public safety considerations, thc Board desires to exercise its right to condemn property for public purposes NOW. TIIEREFORE, lIE IT RESOI,VEI) BY TIlE BOARD OF ('OUNTY ('OMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~hat it has been dctcrmined by the Board that the construction of the four-laning roadway improvements For the Golden Gate lloulevard between (' R 951 and Wilson Boulevard, (hcrcinallcr referred m as "Ibc Pr~jcct") is necessary and Ibc public's best interest in order to protect the hcahh, sal~ly and x~clfi~rc of thc citizens o1' ('oilier Counlv. Page 1 8B 4 , AND I'F IS FURTI1ER RESOLVED lhat construction of the l'roject is part of Iht County's long range planning cfforl, and is included in thc Transportation l'~lerncnt o~ the ('ountv's ('omprchen~ive Plan for Groxvth Nlana~emcnt. as approved bv the Florida l)cparlmcnl of Community Afl~irs AND IT IS FURTf IER RESOI.VED that the County Slaff has reviewed alternative for thc project, various impacts to the environmental, public safety and x~cll~rc considerations associated x~ilh the design and conslmc/ion or the projecl, and lhe costs associated wid~ Ibc design. property rights acquisition, and construction of the project and Ihe Board finds tlmt after considera:iun of these issues. Ibc most feasible Iocmion fi~r conslruclion off tl~e proposed impro~cmcn:s is coliectkely represented by the lesal descriptions comprising I~xhibit "A" attached hereto and incorporated herein AND IT IS FURT[IER RESOLVED that in order to construct the project as designed, it is nccessag' Igr thc Board to acquire the various real property interests described Exhibit 'A" to wit: Fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidmvalk, utility drainage, mainlcnance and tempora~ driveway restoration interests by easement AND IT IS FURTttER RESOI.VEI) that all property shall be put to public purposes AND IT IS FURH IER RESOI.VED that the County staff' is hereby authorized to immediately acquire by gill purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127. Florida Statutes. the above-referenced real property interests more particularly described in Exhibit ~A~. attached hcrclo and incorporated herein AND H' IS FURTI IER RESOLVED that no mobile homes are located on the property sought to ~ acquired and therefore il ~ill not ~ nece~ Io r~u)~e ~ny mobile home~ from Ihe property be acquired nlOlJOll, second and majority vote. ATTEST: ~' :DWIGtIT E BRocK, CLERK - C'Icrk Ap~iov;'d as to. fform and legal su fficic~dy: BOARD OF COUNTY COMMISSION[~S OF COI. I. IEI(COU, NTY. FI.ORII)A ~j ,/'l~?', ,,: . ~' PAMELA S. MAC'KIIL, CI IAIR~MAN I leidi F Ashlon Assign! Cc~nty Allorr~' Page 2 EXHIBIT "A" 'PROJECT NO. 63041 PROJECT PARCEl. HO. 122 A L E.GAL_D_E,~_CglP_~I O~ (NOT A SURVEY) The South 15 feet ot' the North 65 feet of the Wesl One Half (1/2) of Tract 80, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. (EXIST~tlG ~ FT P.';,' EASE,'.,r t;T -- UTLITY EASEt.;E~if C4Jer,"~-~nfy Pe~ PIcpe~t / ,~,~lr~geme~t De~atlme~l o6~15,~e 102 PM · PROJECT NO. 63041 PROJECT PARCEL NO. 122 B L~ (NOT A SURVEY) The South 15 feet of the Nodh 65 feet of the East One Half (1/2) of Tract 80, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. G.)L~N GATE EL','D. J (EYJST[NG ~ FT. R,"/~ E.*SE,'~IEN'r · . L'7..; :.T.; ;..-. ;.'..~ :.'..-. ;.' .... i ................... ~-- MAIhlTENAt,ICE EAS£MEt~T FEET SCALE; 1 ir~Jn - lOG feet S~J;H PROPERT I L~hE ~ V, EST FaC.4~E~'F¢ LIhE E.~ST ~ROPER~'f LithE PROJECT NO. 63041 PROJECT PARCEl. NO. 123 8B4 L E_G_A LD_ E ¢LQ BIP_T_[O~ _8L¢~ ~ (NOT A SURVEY) The rJorth 15 foot of the South 65 feet of the West One Half (1/2) of Tract 73, Golden Gate Estates Unit blo. 3, as recorded in at Book 4, Page 77 of the Public Records of Collier County, Florida. 165 FEET WEST P/~OCERT'f Lg;E ~GC,LGEt,f GA i'E BLVO) ...... t ....... ,~:)g fll PROPERT ¢ [ UcE-"~r ir, ch · 100 feel 15 FOOT DRAIfJAOE, IJTILITY X.~] AND M.~ J/,f?Et J.~,,iCE EAS. EI,~EtJT (EXISTJtIG ~ FT. ~'W L,',SEMt:tiI) PARCEL:PROJECT: Golden G ate Boulevard124 T FOLIO: 36714340004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 83 feet of the North 10 feet of the South 85 feet of the East One Half (112) of Tract 73, Golden Gate Estates Unit No. 3, as recorded in at Book 4, Page 77 of the Public Records of Collier County, Florida. PROJECT NO. 6304 PROJECT PARCEL NO. 125~ L E G A L_ P_ E.~_G B I P_ZID_N_SLS_K E_~¢_ H (NOT A SURVEY) Tile North 15 feet of tile South 65 feet of Tract 88, LESS the East 90 feet thereof, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. The North 25 feet of the South 75 feet of the East 90 feet of Tract 88, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of lhe Public Records of Collier County, Florida. 'ti[S! PRC~"E~ [y L;liE 3]~FEET 25 FOOT S;£E'/,ALA. 3RAt~ ,~GE Ur~Lh'~f (E xI5 flh~G f,') ,rT. R,?,' EASE!,,(E N'T) J GOLDEN C-AlE BI.¥O f~,Jf H PI;IOPER'~y LTIIE j SCALE: 1 inch Cr.~ef Coun~ Real Prc~ed7 Mam~.mell Der,14rr.,m! Of~/1220 PM 4 "' 8B4 PROJECT: Golden Gate Boulevard PARCEL: 125 T FOLIO: 36715160005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 183 feet of the NoAh 15 feel of the South 80 feet of Tract 88, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. ,,~ ~..,/,. t' , ;_. /- . . z. . ~/..,, ..~ - L ,Z/z/,, -,-'"PUBLIC WORKS E,~,~(~iNEERiNG OEPT EAST TA~A~VII TR~JL tIAPLES, FLORIDA 34112 'PROJECT NO. 63041 PROJECT PARCEL NO. 130A ? L F--GALP-E ~_C;gl P_TJ QbLSL~I~ E]'_¢1-*1 (NOT A SURVEY) The South 25 feet of the North 75 feet of Tract 97, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of file Public Records of Collier County, Florida. (EXlS iq.oi,,,, ,,,'~ FT ~,'1, 25 FOOT SIDEWALK, [)PAI~'IAGE, --~T UI'IL~TY ArID t.'AltlT. EASEMEIJT T SOUTH FROC£RTY LItIE j SCALE: ! Irv3~ · tOO I~ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 130 AT 36765600007 884 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 70 feet of the West 140 feet of the South 30 feet of the North 105 feet of Tract 112, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. / ~ORGE R I . 2 .~UBLIC WORKS ENOINEERIfIG DEPT ~ E~T T~I~ TRAIL fI~LES, FLORIDA 34112 · PROJECT NO. PROJECT PARCEL NO, 63041 130 B LEGAL DESCRIPTION & SKETCH (/,iOTA SURVEY) The South 25 feet of the North 75 feet of Tract 112, Golden Gate Estates Unit Ho. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. 1 (E)rlSTIN,"j ~0 FT. IK,VI EASEMEI.IT) ;5 FOOT S~DEW4LK, DRAh'IAGE, ~ UTILITY A~IO MAINT. EASEME/~T 330FEET SOUTH PRCFERTY LINE {GOLDEN GATE BL'vO ) EAST T~ T~L N~L~S. FLORIDA 34112 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 130 BT 36766360003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 120 feet of the South 25 feet of the North 100 feet of Tract 112, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ,,..,G~R~E R. RICHMOND P.L.$. ~ 2'40~ ~.¢~UOLIC WORKS ENGINEERII',IG DEPT. 3301 EAST TAMtAMI TRAIL t,tAPLES, FLORIDA 34112 PROJECT NO. 63041 /~¢/~OJECT PARCEL NO. 131 gl=GAL DESCRIPTION &~_~F~T_C_H (NOT A SURVEY) Tile North 15 feet of the South 65 feet of the East 150 feet of Tract 104, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. 1~0 rEEf ,,' ','rEr;r PROPER T'f tl;IE E xls f I,q,g R/t,' LI'IE (GrADEH GAlE BLVD} N ......... ;.. ! ........... ArID L!AItlTE;IAtICE EA.~iiEMErl f ;' PROJECT tJO. 63041 PROJECT PARCEL NO. 132 k F--G A L D_E S ¢I~IP_TI~DJ:I_&_8_ K l~]r.6 H ClOT A SURVEY) 8//4 The North 15 feet of the Soulh 65 feet of the West One Half (1/2) of Tract 105, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. E YI'~ T~HG P,,yI L?,IE --J~---..%-..%-77.1. i _. (GOt OEtl G~ TE ~tV':) ) j S04Jltl PP OPE R'i'Y U~'~'~ SCALE: 1 Inch N ~ 15 Foe! DFt,&IflAGE, [JTII.ITY AL/D MAI;;T£'L~,'JCE EASEMEH1 PROJEC [ HO. 6304 PROJECT PARCEL NO, 133 (NOT A SURVEY) The r,iodh 15 feet of the South 65 feet of the East One Halt' (1/2) of Tract 105, Golden Gate Estatos Unit No. 3, as rocordod in Plat Book 4, Page 77 of tho Public Records of Collier County, Florida. FEEl _'.'.iTZ-..-TT] ..... (qr~. DEll GAiE E~LVD ) $O~Ji'tl PR('4~ER ly L U tE-'~"~ SCALE: 1 inch - 100 fe~l 15FOOT DFM,,I ,"GE UTILITY Ail[:) MAIN FEtlAHCE EASEMEH Real Pl','f~,~t~ Mana,gemenl 232 PROJECT NO. 63041 /~//OJECT PARCEL NO. 137 LEGA t ET_CJt (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of the West 180 feet, together with the North 10 feet of the Soulh 75 feet of the East 20 feet of the West 90 feet, of Tract 1, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. r0 FEET HOFEEr DRA;:;/,GE E~3EMEUf // WES f PROPERYf LINE 10 ~ 20 FOOT C-RA:NAGE. IJT~LITY AUD L~:~ TEA CE EA~?.'E/.T ......... ;. (30LDE~J G~TE BL','D ) EAST PROPEP~ LirJE EASEMENT I :EXISfltiG ~ FT P,,','l EASEMEI`fT! L S,'"JJTH PROPERTY LINE ~ Real Proper'f Mana~emer, I Depadn,<,nl SCALE: I inch 06/26/98 3:32 PM PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 137 T 36860040009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the North 10 feet of the South 75 feet of the West 180 feet of Tract 1, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. USLIC WORKS ENGINEERING DEPT. 3305 FA.ST TAMIA.MI TRAIL NAPLES. FLORIDA 34 ! 12 PROJECT NO. 63041 PROJECT PARCEL NO. 138 ~"ol,oJ~ :~b'~ IO~';~ dOO"L LEGAL pESCRIPTION & SKETCH (NOT A SURVEY) The North One Half (N Y~) of Tract 15, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. SOOT,'~ ¢-aC~*:. aTi' L:hE ] I I,~____ 70 FOOT PLATTED 3~FEET ~'-~EORrGE R R~JD P L,S. # 2406 PUBLIC WORKS FNIC~INE£ RI,",IG, CIEPI 3301 EAST TA/~AMI TI~L IIAPLE$. FLORIDA ~4112 · PROJECT NO. 63041 PROJECT PARCEL NO. 139 k F-~AL_D_E SCBIEILO~_S_i~.._T~ Lt (NOT A SURVEY) 8B4 The North 15 feet of the South 65 feet of the East 150 feet or Tract 1, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. -! 150 FEET '; ESr F'PC..cEr~Tr LiO~E SOUTH PROPERTY LrN! N 15 FOOT Dr,tAIt4AGE, tJIIt I fy '\J /MID f,'IAIHTEI/AtiCE EASEMEHT (EXISTING ~.O Ff P7,',~ EASEMEtK) .,--.~. SCALE: l ln¢ = lO0leel ,~ Coun~ Re.il P~OI~.dy Man~emenl De[att'ne,,! 06/26/98 3:50 PM 8BLi- PROJECT: Golden Gate Boulevard PARCEL: 139 T FOLIO: 36860080001 TEMPORARY DRIVEWAY RESTORATION EASEME/',~T (NOT A SURVEY) The West 30 feet of the East 73 feet of the North 10 feet of the South 75 feet of the East 150 feet of Tract 1, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. PR~.,,PA/'~EDG,f. .~ /' / / / ,'. x .-.:, x¥ ./.;.. ~........./: ..d~' ~C~.,ORGr R R~C~ff, V~DtJD P L ~T,'# 2406 ,,~,/PUBLIC WORKS F,,.hlQIHEERING DEPI'. 3301 EAST T~ TRAIL NAPLES. FLORIDA 34112 PROJECT NO. 63041 PROJECT PARCEl. NO, 140 ,,~,4¢ //~. 3~',~/,-"F.20.~ / EXHIBIT (NOTA SURVEY) The South 25 feet of the Norlh 75 feet cf Tract 16, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. 25 FOOT SIDEWALK. DRAfNAGE, '-~ UTILITY & MAIrJTENAt~CE EASELtBtIT FEET SCALE: 1 ir~.~ ~ 100 GATE ELVD ......... £ ;,'ISTIrIG ~ C~t~ Real Proc,err/Manageme. n~ Depa'~nent 06t24~, 3:31 PM PROJECT NO, 63041 PROJECT PARCEL HO. 1/12 t · "~ "~'P, (NOT A SURVEY) 4 (SDUE) - The South 25 feet of the Nodh 75 feet of the West 180 feet of Tract 17, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of lhe Public Records of Collier County, Florida. (DUE) - The South 15 feet of the North 65 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. FT' SOUTtl PROPEHTY Ld'IE hlO~TH PR._.~E R I'Y LII,iE L_ I 150 FEET .i ........... ;,. ............. AJ*I[) h 25 FOOT S~DEWALK, D,~tAIrIAGI ArID f,.~AltiTEtJA¢ICE. EASEMEh 300FEET DRAft JA(jE, UTII qflf. EASEMErJf UTIIITY \ SCAt. E: $ inch · lOOfeel EAS1 ;'ROFER fY' LIHE C'Jef CountI R~e~ Pl(~:~rt,/Mana~emerff De~a~n-,~lff 0¢¢'30~8 3:44 PM PROJECT r,Jo. 63041 PROJECT PARCEL NO. 1,13 L EGA L0~63~LBZtO3:~L~ E'r CJd (NOT A SURVEY) The North 25 feet of the South 75 feet of the West 180 feet of Tract 31, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of tho Public Records of Collier County, Florida. NO~TH PROPERTY I"~ F f 30FI 15OFf N 25 I C,..K)T ,SI[;EWALK. DF.tAItlAGE. - UTILITY .."4;D MAItIfEI,f,~r;.';E EA',;Eh!Etlr (E 71~TIflG ~ F ~ %'A' EASEMENT) 0~3~'38 12;~I PM PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 143 T 36861680002 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 68 feet of the North 20 feet of the South 95 feet of the West 180 feet of Tract 31, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. PARED' ,'- " ,,? R. R,c.~U02,- L ~.';~',,~' PUBLI~ WORKS ENGtrJEERING DEPT 3~I E~T T~I TRAIL t~APLES. FLORIDA 34112 PROJECT NO. 63041 PR~/~/,JECT PARCEL I:O. 144 , F¢// o klo.' 0¢ LE GA L_ D£ S_O_RI ET_LO_N_& 8 F, EZ.¢_U (NOT A SURVEY) PP The North 25 feet of the South 75 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. foORTH PRCFERTY 1~ rEEl SOUTH PPOPEPTf Lit; --~ SCALE: I t:¢.h ~ 10O feel N --UTILITY ANID IAAI, ITENAtICE EA:;EMErI~' (EXlST~1G 50 F I' P,',': 2- ASE !JElYi j PROJECT: Golden Gate Boulevard PARCEL: 144 T FOLIO: 36861720001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 64 feet of the Nodh 15 feet of the South 90 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. P~.Rc~)APE D-- BY / _,~....~.-.,,~.~.,'/.. ...... .:: .............. /-- PUBLIC WORKS ENGINEERING D/PT. 3301 EA, ST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PROJECT HO. 63041 PROJECT PARCEL NO. 145 Po. 00007- (NOT A SURVEY) 4 The North 15 feet of the South 65 feet of Tract 32, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. '1 3~0 FEET .____ 15 FOOT DtIAII'IAGE. UTILITY AHL) M,'HHT E r IA lICE EASEMEtlT J IE:"iSlff;G ~0 FT P.,',¥ E.~SEMF. IIT) GO*.DEH GATE SCALE: 1 In~ · lOOfee{ SCa]TIt PROCER i"'f LillE j /PUBLIC; WORKS ENGINEERII-IG {~PT. ~ C<xJn~/Real Pmpe~ Management Departnenl 0~/2'3198 9:39 AM PROJECT NO. 63041 PROJECT PARCEL NO. 146 LEGAL_D_ESCRIRTION & SKF-.,Z¢_~ (NOT A SURVEY) 8B The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 18, Golden Gate Estates Unit No. 5,as recorded in Plat Book 4, Page 91 or the Public Records of Collier County, Florida. ~ (~)ur, lT Rea~ Pretty N'qmn~em'r~,nt Depar~nenl SCALE- 1 Inch · 100 feet 15 FC~'JT DP,41,~I~,'3E, UHLITY -- At,I) M/*IfJTEi'IAt~CE EASEMEt~T N 3:31 PM PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 146T 36811O010OO 8B4 4 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURV£Y~ The East 30 feet of the West 130 feet of the South 25 feet of the North 90 feet of the West One Half (1/2) of Tract 18, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier Counly, Florida WORKS EN(21~'~EERII',,~G DEPT. E~T T~ TR~L ' N~LES, FLORIDA 34112 PROJECT t'lO. 63041 PROJECT PARCEL r,Jo. 147 8EI4. (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 33, Golden Gate Eslates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. DEN G,~ ! E BLV'd ) £',,lef Count7 Real FEET N .............. .............. ArID /,*,,AlI~fEt IA~'I(-,;E EASE:ME/Ir S0~LE: ~ inch = I00 f~et · PROJECT NO. 63041 P~.OJECT PARCEL HO. 148 4 (NOT A SURVEY) Tho South 15 feet of the North 65 feet of the East One Half (1/2) of Tract 18, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. h~c.~ TH ¢ROPERTY LIt;E t 165 FEET --- A.qD ?,;AIf~TE;IAt~CE EASEMEtJT SOUTH PROPERTY lhqE~ ..... PUBL~ WORKS E~GIN//RII~G DEPT, Co{~ CountI Peal Prop,,rtf Ma~,ag~rr~nt CepedPnerl~ 06/'30/98 3 38 PM PROJECT: Golden Gate Boulevard PARCEL: 148 T FOLIO: 36811000001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 68 feet of the South 25 feet of the North 90 feet of the East One Half (1/2) of Tract 18, Golden Gate Estates Unit No. 5, as recorded in P!at Book 4, Page 91 of the Public Records of Collier County, Florida. ,~UBLIC WORKS ENGINEERING DEPT. 3~I ~T T~ T~L N~LES, FLORIDA 34~ 12 BB + RESOI~UTION NO. 99- 221 A RESOI.UTION AUTtIORIZING TIlE ACQUISFFION OF I.AND BY GIFT, PURCItASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGtIT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMF. NT FOP, TIlE CONSTRUCTION OF TIIE FOUR-LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD PROJECT, CIE NO, 62. WIfEREAS. the Board of Count)' Commissioners. on October 28. 1997. adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan in order to establish priorilies for the design, acquisition and constn,ction of the various capital improvement projects The Transportation Hement of tile County's Comprehensive Plan `.tas adopted in Ordinance No. 97-62; and WItEREAS. the Four-laning improvements to Golden Gate Boulevard P, oad between C R 951 and \Vilson Boulevard is one of the capital improvement projects required t,ndcr the Transportation F. lement of the County's Comprehensive Plan; and WtlEREAS. tile Board of County Commissioners, on April 28. 1998, adopted Resoh,tion No 98-107 authorizing the County Staffto acquire by gift or purchase certain easements and/or fee simple title to the property and property interests required and necessap,' for the Golden Gate [?,ot, levard laning roadway improvements of Golden Gate Boulevard between C. R. 951 and \Vitson Botdcvard. and WI IEREAS, the location for construction of the proposed improvements has been tixed bv surx'ey and is collectivel)' represented by the legal descriptions comprising Fxhibit "A" attached hereto and incorporated herein \VttEREAS. after consideration of the availability of alternate routes and locations, the comparative costs or' project ahernatives, `.'arious impacts upon the environnmnt, long range planning options, and public safer,.' considerations, the Board desires to exercise its right It:) condemn property for public purposes NO'W, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY, FI.ORII)A. that it has been determined by the Bonrd that the construction of the four-laning road~vav improvements for tile Golden Gate Boulevard between C. R. 951 and \Vilson Boulevard, (hereinafter referred to as "the Proiect") is necessary and the public's best interest in order to protect the hcahh, safety and v:elfare of the citi×ens of (.'oilier County. AND IT IS FURTttER RF. SOLVF. D that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of' fl~e Coumy's Comprehensive Plan for Gro~h Management, as approved by the Florida Depanmenl of Communiw Affairs AND IT IS I:URTIIER RESOI.VED that the County Staff has rc~ie~ved ahernativc locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated wit~ thc design. property rights acquisition, and construction of the project, and the Board finds that after consideration of these issues, the most feasible location l~)r construction of the proposed improvements is collectively represented by the legal descriptions COmlmsing Exhibit 'A" attached hereto and incorpnrated herein AND IT IS FURTIH5R RESOI.VED that in order Io construct the project as designed, it ncccssa~' For the Board to acquire the various real property interests described Exhibit "A" to wit. simple title interests and/or perpetual, non-exclusive road right-of-~vay, sidewalk, utilily drainage. maintenance and temporal' driveway restoration interests by easement AND IT IS FUR'FI H~R RESOLVED that all property shall be put to public purposes ANI) IT IS FURTI [ER RESO[.VED that the County stall' is hereby authorized to immediately acquire by gift. purchase or condemnation in accordance x~ith thc provisioas of Chapters 73, 74 and 127, Florida Statutes. thc above-referenced real property interests more panicularly..describcd Exhibit "A". attached hereto and incorporated herein AND IT IS FURTIHiR RESOI.VED that no mobile homes arc loca~ed on the property sought to be acquired and therefore it will not be necessary to remme any mobile h,m~es t?om the property 1o be acquired Thi dop, d .........or ......... . second and majority vote ~oved as to form and Su Pti cien'ev: BOARD OF COUNTY COMMISSIp, NERS OF COLLI~.R~QUNTY. FLORIDA 3~ t ,. , , , it/1' PAMFLA S MAC'KIE, Ct I,\IRWOMAN EXHIBIT "A" PROJECT NO. 63041 PROJECT PARCEL NO. 149 (NOT A SURVEY) The Nodh 15 feet of the South 65 feet o[the East 150 feet of Tract 33, Golden Gate Estates Unit No.6, as recorded In Plat Book 4, Page 93 of" the Public Records of Collior County, Florida. SCALE: 1 inch · lO0 I~l EAST PROCERrY title 3301 EAST TAMIAA~ TI~ P,L~£$, FLORIDA 34112 3.48 PtA i, · '8 B EXltlBIT "A" PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 149 T 36861840004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 35 feet of the Nodh 15 feet of the South 80 feet of the East 150 feet of Tract 33, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. P PAR PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TR.~JL NAPLES, FLORIDA 34112 PROJECT NO. 6:3041 .O~JECT PARCEL NO. 150 A LEGAL.~ (NOT A SURVEY) t~,HIBll "A" The South 25 feet of the Nodh 75 feet of the West 165 feet of Tract 47, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. (GOLCEN GATE 8L',rg ) / EX~STJNG P~I L~E -----J WEST PROPERT~ L~E SOUTH PROPERTY LInE FEET SCALE: ! inch · IO01e~l (EYJSTII,IG ~0 FT. Pv"~Y E~,SEMEIIT 2.~ FOOT SIOEW/.LK. OPClNAGE, UTILITY At,ID MAIr,ITENAtICE EASEME~'IT EAST PROPERTY L~,IE N CcJe~ Ce~'tly Re~I PrOC, e~/I,~,~'~nl Oecadcnen~ 12X)4/98 2:22 PM PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 150 AT 36812920009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (/VOT A SURVEY) The East 30 feet of the West 102 feet of lhe South 20 feet of the North 95 feet ..of the West 165 feet of Tract 47, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. L.,,~"PUBLJC WORKS ENGINEE~JI'I~ 330'1 EAST 'I'A,VILA,'~ TRAIL NAPLES, FLORIDA OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL t~ NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) (100' ROW ) PROJECT IlO '--63941 PROJECT PARCEL NO. 150B GOLDEN (~ATI: BOULEVARD F ~t~ P.O~.~t,~ u.E [~ EXtST, ~ R~~, 1 ~$EMENT~I'~- EY, ISTIHG RIG~I O~ ',"4~ ,' LINE TRAC' 25 FOOT ORAIHAGE. SIDEWALK. UTILITY. & MA1HiENANCE EASEMEHT EAST le5 FEET OF TRACT 47 47 DESCRIPTION: THE SOUTH 25 FEET OF THE HORTH 75 FEET OF THE EAST 165 FEET OF TRACT 4?, GOLDEN GATE ESTATES,UHIT HO 5, AS ~ RECORDED hN PLAT BOOK 5,PAGE gl OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SHEET 1 OF 1 E×NIBIT "A" ? PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 15O BT 36812940005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 80 feet of the South 5 feet of the North 80 feet of the East 165 feet of Tract 47, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. P ARED : ~EOR(~E R, RICHMOND P.L.S. II 240~ ~'PUBLIC WORKS ENGINEERINO DEPT. 3~ E~T T~ T~L ~LES, FLORIDA 341 ~ PROJECT NO. 63041 ,,~,oECT PARCEL NO, 15] . (NOT A SURVEY) EXHIBI[ "A" The North 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet thereof, Goldeh Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. tlORlH PPOPERTY LINE 15 FOOT ORAIt,IAGE, UTILITY AIID MAINTENANCE EASEMENT SOU1H PROPERTY L~XlE ~- SCALE: lk~ch · 1GGfee~ EASf PROC'ER lY Lille EXISIING RYYI Lille $ (OOLOE~ GAlE ,qLvD ) EPARED 13 : . ~BL~ W~KS ENGINEERING ~PT. 3~1 ~T TN~ T~ FI~ES, FLORA 34112 ,C~ Coun~ Real Prope~ &~agemer~ D~f~l OCV'JO/ga S24 PM PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 151 T 36861940001 EXHIBIT ",A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 190 feet of the North 25 feet or' the South 90 feet of Tract 34, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. PR ED Y: ~ PUBL~ WORKS ENOINEERINO DEPT. 3~1 EAST T~ T~IL ~LES, FLORIDA 34112 OFFICE OF CAPITAL 3301 'EAST TAMIAMI TRAIL (941) 774-8192 PROJECTS NAPLES, FLORID~4~ 2 ~1,o ~1o .' SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECt NO. 63041 PROJECT PARCEL NO. 152 25 FO DRAIt, & MAlt (I 0~ R.O.W ) (~,OLDEN C~ATE BOULEVARD ~T ROAD RIGliT OF WAY, '*'.GE, SIDEWALK, UTILITY [ EHANCE EASEMENT TR/~ THE WEST IS0 FEET TRACT,48 150' -- EXISTIhlG RIGHT OF WAY LINE ;T48 DESCRIPTIOH: Tile SOUTH 25 FEET OF THE IlORi'H 75 FEET OF [HE WES[ 150 FEET OF TRACT 48. GOLDEN GATE ESTATES UNiT NO.5. AS RECORDED Ill PLAT BOOK 4. PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COLJrlTY, FLORIDA DRAWN 8Y JULY tO, l~g8 ooe152 SH~EET 1 OF 1 OFFICE OF CAPITAL PROJECTS ! SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT HO. 63041 PROJECT PARCEL NO. 153 {lCO' R O.V,/.) GOLDEN GATt- BOULEVARD -'---~ EXIST. 50' R'~W I 'DZ ...... r- 25 FOOT ROAD RIGttT Gl: WA DRAINAGE, SIDEWALK, LITILI & MAINTENANCE EASEt~EIIT TPJ THE EAST 180 FEET LESS Tile EAST 30 FEET OF TRACT 48 ;T 48 DESCRIPTION: '-- EXI$¥1/IG RIGIIT OF WAY LINE Tile SOUtlI25 FEET OF TIlE HORTII75 FEET OF TIlE EAST 180 FEET LESS THE EAST 30 FEET THEREOF OF TRACT 48. GOLDEN GATE ESTATES UNIT HO. 5 AS RECORDED IN PLAT BOOK 4. PAGE 9~, OF THE PUBLIC RECORDS OF COLLIER COUNT'f, FLORIDA : / · 1'-1~0' I JULYtB,'tgg8 GGB153 SHEET 1 OF 1 PROJECT NO. 63041. PROJECT PARCEL NO. 155 ~/,'o ,q,¢.' ...~,¢ (,, 3 88 ~oo ~ (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 63, LESS the West 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. WEST PROPERTY 7 EXIS f!HG P. fW LIliES ~FTI 15 FOOT Drt,AIHAGE, UTILITY FAND MAINTENANCE EASEMENT :''''!:''':='::'=::'=::'=:'' (EXISTING 50' PJW EASEMENT) SO~TH PROPERTY LIh~E } SCALE: linch · lOOfee~ EAST PROPERTY LIN...._L.E Cole- ~ Rea~ Prope~ I~anag emenl C~partmenl 06/30/98 5;25 PM ~, PROJECT PARCEL NO. L~ (NOTA SURVEY) The Nodh 15 feet of the South 65 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NCRTH 150 FEET WEST PROPERTY L!NE EXISTING PJW UNE (GOLDEfi GATE SOUTH PROCERT7 UN[ ~ SCALE: linch · lOOfeel 3~1 EAST TAMLA~ TFU~ ~ C~tf Real Pr~1'f M~naqemeat {:)e~x~lment ~ $:2~ PM PROJECT NO. 63041 PROJECT PARCEL NO. 159 LF.-G~~F. TLC2J (NOT A SURVEY) EXHIBII "K'. The North 15 feel of the South 65 feet of the West On~ Half (1/2) of Tract 65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. WESt PROPERTY LII~E NO~I'H PR__~?_~ R'rY LINE E )'IS '[ ~'IG R,;ff UtlE 165 FEET GATE ~VD ) EAST PROPERTf LINE N 15 FOOT DRAINAGE. tJTILITY AND MAIttTEHAHCE EASEMENT .............. t .............. :':..'. .... SOUTH PROPERTY LINE SCALE: I ~ · 100 lee! PROJECT: Golden Gate Boulevard PARCEL: 159 T FOLIO: 36864080007 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 70 feet of the North 15 feet of the Soulh 80 feet of the West One Half (1/2) of Tract 65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. P- PARE ~BL~ WORKS ENGINEERING DEPT. 3301 E~T T~ T~L N~ES. FL~IDA OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 PROJECTS NAPLES, FLORIDA 34112 ZL SKETCH OF DESCRIPTION (NOT A SURVEY) PROJEC1 NO 63041 PROJECT PARCEL NO, 160 (100' R,O W. GOLDEN C~ATE BOULEVARD -- 25 FOOT DRAIH^GE ----- SlOEWALK, UTILITY, & MAIHTENANCE EASEMENT THE WEST 180 FEET TRACT 79 TRAC~ 79 DESCRIPIION: Tile SOUTlt 25 FEET OF TIlE I~ORi'lt ?§ FEET OF WEST 180 FEET OF TRACT 79~ GOLDE rt GAl E ESTAT ES Ut~lr ~'10.5, AS RECORDED Itl PLAT BOOK 4. PAGE 91, OF THE PUBLIC. RECCRDS OF COLLIER COUIITY, FLORIDA GOnlr~O SH~-ET .1 OF 1 PROJECT NO. 63041 PROJECT PARCEL NO. 161 (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of the East One Half (1/2) of Tract 65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. // ~O~TH PRO?~R ~ LIllE 1~ FEEt PROPERTY ll~ ,.EAST PROPER'r¥ LINE E YJSTING R/W Lille FOOT D~'qhIAGE. IITILITY~ At~D MAIt~lEt,~At ICE EASEMENT S0~TH PROPERTY Coif County Real Pr,-.~d~ M~a~ne~f De~enl 06/23/9~ 10;01 AM OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 77.4-8192 PROJECTS NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL r40. 162 {100" R,O.W ) GOLDEI',,I GATE BOULEVARD ~- EXIST. 5~ R~W I TRAC -f 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMEhlT THE EAST 150 FEET TRACT 79 7g 156' ~ ]--- EXISI'IHG RIGttT OF WAY LINE DESCRIPTIOH: TilE SOUTH 25 FEET OF THE NORTH 75 FEET OF EAST 150 FEET OF TRACT 79. GOLDEH GATE ESTATES UNI! 'riO. 5AS RECORDED Itl PLAT BOOK 4. PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUI'ITY, FLORIDA · - t00' JULY 1§, 1998 GGB162 SFIEET. 1 OF 1 OFFICE OF CAPITAL PROJECTS SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 164 Uoo' R.O.W) GOLDEN (3ATE BOULEVARD ~--- EXIST. 50' R,W EASE M ENT ---~ 25 FOOT ROAD RIGHT OF WAY DRAINAGE. SIDEWALK, UTILITY. & MAINTENANCE EASEMENT TRACT 80 E L;~TH p ROi~ R 1-y Llhl~ EXI I I I TING RIGHT OF WAY LIHE DESCRIPTION: THE SOUTH 25 FEET OF THE t~ORTH 75 FEET OF TRACT ~ LESS THE EAST 30 FEET THEREOF,GOLDEhl GATE ESTATES UNIT t,~O. 5, AS RECORDED I,',~ PLAT BOOK 4, PAGE 9 t OF THE PUBLIC RECORDS OF COLLIER COUtfTY. FLORIDA. SHEET 1 OF 1 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 ~ SKETCH OF DESCRIPTION · ~,~/,~'¢¢00~ ~' (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO 166 DESCRIPT OH' (100' R O.W.) GOLDEN GATE BOULEVARD 'DRAIClIAGE, SIDEWALK, L LI~~'~0~ RI~T ~ & MNNTEN~ICE ~SEM TRA( T81 TIlE SOUTH 25 FEET OF 'Lite /fORflt 75 FEET OF THE WEST 180 FEET OF TRACT 81 LESS 1HE WES1 30 FEET THEREOF GOLDEti GATE ESTATES UHIT HO. 5 AS RECORDED ltl P~T BOOK 4, P/~GE 91 OF THE PUBLIC RECORDS OF COLLIER COUH~.FLORID~ 1' - lg(7 JULY 16,1~ GGB16~ EXHIBIT "A" SHEET 1 OF 1 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, F'O~.~,~4112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO 63041 PROJECT PARCEL NO. 188 GOLDEN GATE BOULEVARD 100'R OW. L~ EX~ST. 50* R~W EASEMENT ~F-OOT'OR^.AGE. SIDEWALK, UT LITY & MAINTENANCE ' ~ASEMENT · ' EXISTING RIGHT OF WAY LINE DESCRIPTION THE SOUTH 25 FEE T OF THE NOR fH 75 FEET OF TRACT 82. GOLDEN GATE ESTATES, UNIT/',fO S, AS RECORDED IN PLAT BOOK 4. PAGE 91. Of THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. PUBLIC WORKS ENGINEERING COLLIER COUN~ GOVEN¢~MENT COMPLEX ~1 ~ST TAMIAMi TRAIL NAPLES. FLORIDA ~ t2 t' - 100' APRILT. 1999 GOB168 SHEET 1 Of 1 PROJECT NO. 63041 PROJECT PARCEL NO. 169 Folio~ 8~ (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 96, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. FEET ! 5 FOOT DRAIrlAGE. UTIL IT ¥ ......... ~'.;~'.'%T.i~%.','. ....... ! ....... S0~TH PFlCCER'Pf LI~E ~r SCALE: llr~h ~, lOOfeel EASI' PROCERFT LIIIE N PROJECT NO. 63041 PROJECT PARCEL NO. 188 Fo !~ o..~: % ~,'~ ~, ',O $ O oo "l. LEGAL DE RIPTI N & SKETCH (NOT A SURVEY) EXHIBI1 "A" The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. WES! PROPERrY Ut~E .~ ~0 FT" I~FEET i SCILITH PROPER~ [~T~ ~ SC,4ZE' linch {ETJST~iG ~ FT R,~ E,~SE~ENT) EAST PROPERTY LINE N PROJECT NO. 63041 PROJECT PARCEL NO. 216 ~"o~o'~'. 3t.~,',,$~,~.OOo~, LEGAL DESCRIP ION & SKETCH (NOT A SURVEY) /--I. The West 180 feet of Tract 81, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE WEST PROPERTY LlttE I I I I I I I I i 1 I I I I I I I I I : I : (EXISTIHG 5~ FT. PJW EASEMEIqT) EAST PROPERTY LfiqE N SOUTH PROP~RTY LINE .J 04,'0~99 1:17 IWa C, olet Cout~ Rsal Pmce~f Mar~ger~f~t Oapa~meol . · PROJECT NO. 63041 PROJECT PARCEL NO. 320 ~o h~,~: 23' t ~.5 ~ ;,o oa..3 LEGAL DE CRIPTION & KETCH (NOT A SURVEY) EXHIBIT "I¥' The West 180 feet of Tract 52, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105 of the Public Records of Collier County, Florida. t,'ORTH PROPERTf L~',~E WEST P~OPERTY Ut~E I~FEET EX/STING 50 FT, R.,W EASEMENT) E~T PRC~ERTY LIthE N 04,~ I:~ PM TltE ACQUISIIION OF LAND BY GIFT. ON OF FEE SIMPLE TH'LE INTERESTS PERPETUAL ROAD RIGHT-OF-WAY, ~GE. MAINTENANCE AND TEMPORARY INTERESTS BY EASEMENT FOR TIlE .-LANING ROADWAY IMPROVEMENTS FOR ) BETWEEN C R 951 ANI) WILSON62 WtlEREAS. thc Board oft. oumy ('ommis.,,ioners. on October 28, 1907, adopted Ordinance No 97-55 therein establishing lhe 1997 {Sevcmb Annual} Capilal Improvement Elclncnt of the Grox~h Management Plan in order to establish priorities for lhe design, acquisition and constmclion of lhe various capital improvement projects. The Transportation Element of Ibe County's Comprehensive Plan x~as adopted in Ordinance No 97-62, and WItEREAS. the fi)ur-laning improvements to Golden Gate Boulevard Road betxvccn C R 951 and Wilson Boulevard is one of the capital improvcmcn~ projects required under thc Transportation Elcmcm ol'thc County's Comprehensive Plan, and Wf IEREAS. the Board off County Commissioners, on April 28, I OOg. adopted Resohuion No 08-107 amhorizing tt~e County Slaff to acquire by gilt or purchase certain easemems ancot fee simple title to fi~e property and property inlerests required and neces~ for the Golden Gate Boulevard four- laning roadway improxemenls of Golden Gale Boulevard between C R 051 and Wilson Boulevard, and WI IEREAS, thc location liar constructi(m of Ibc proposed improvements has been Ilxcd hy survey and is col[ecti,,'ely represented by the legal descriptions comprising Exhibit "A" auachcd hereto and incorporated herein. W~IEREAS, after consideration of the availability of alternate roulcS and localions, lhe comparative costs or project ahefnatives, various impacts upon the environment, long range planning options, and public salUt5 considerations, ll~e Buard desires to exercise its righl Io condemn property tbr public purpo>es NOW, TIIEREFORE, BE H' RESOI.VED BY TIlE I]OARI) OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FI.ORIDA, that il has been determined by the Board that the consm~ction of the tbur-laning roadx~ay improvemems for thc Gnlden Gate Boulevard between C R 051 and Wilson Boulexard. (hereinafter rel~rred lo as 'hhe Project") is necessary and in the public's best interest in order to protect Ibc heahb, safely and x~ellisre of the citizens of Collier County Page 1 RESOI.UTION NO. 9% 222 A RESOI.UTION AUTIIORIZING TIlE ACQUISITION OF LAND BY GIFT, PURCtIAfiE OR CONDEMNATION OF FEE SIMPI.E TITLE INTERI!STS AN[):OR NON-F. XCI.L'SI\'F.. PERPETUA[. ROAD RIGI IT-OF-WAY. SII)EWAI.K.I.;TII.ITY. DRAIN:\GI.~. MAINTENANCE AND 'I'F. MPOI~AI,tY I)RIVEWA'~' RESTORATION INTERESTS BY EASEMENT FOP, TIIF, CONSTRUCTION OF TIlE FOUR-LANING ROAD\\'AY IMPROVF, MENTS FOR GOLDEN GATE BOUI,EVARD BETWEEN C, R 951 AND WII,SON BOUI,F,V..\RD PROJECT, CIE NO 62 \Vi lI'~RF, AS. thc Board of (',.)tlnly ('on,nissioncrs. on October 28. 1997, adopted Ordinance No 07-55 therein cslaHIishing the 1907 (Seventh Annual) Capital hnprovemcnt I~lement of Ihe Growfl~ Management Plan in order lo establish priorities for the design, acquisition and construction oF thc various capital improvement projects The Transpo~alion [Llcmcnl of thc CounJy's Comprehensive Plan was adopted in Ordinance No 97-62; and WttEREAS. the tbur-laning improvements lO Golden Gate Boulevard Roatl between (' R 051 and Wilson Boulevard is one of the capital improvement prQects required under the Transporlation Elcmcnl of Ibc County's Comprehensive Plan. and WI IEREAS. the Board of County Commissioners, on April 28, 1998, adopted Resolulion No, 98-107 authorizing the County Staff to acquire by gift or purchase ccflain easements ancVor fee simple title to the property and property inlcrcsts required and neccssa~, fi~r the Golden Gate Boulevard fi)ur- laning road~ay improvcmentq of (;olden Gate Boulevard bet~een C R 951 and Wilsm~ Boulevard; and WItEREAS, the location for consln~ction off the proposed improvements has been fixed by su~'ey and is colleclively represented by d~e legal descriptions comprising Exhibil "A" attached hereto and incorporated hereto WItEREAS, azter consideration of the availability of alternate routes and locations, the comparative cosls of project alternatives, various impacls upon the environment, long range planning options, and public sat~qy considerations. ~hc Board desires t- exercise its right Io condemn properly for public purposes NOW. 'ItlEREFORE. lIE IT RESOI.VED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI.I.IER C()UNTY. FI.ORIDA. that it has been determined by the Board that the construction oF Ibc tbur-laning roadx~ay improvements for the Golden Gate Boulevard between C R. 951 and Wilson Boulevard, (hereinafter referred Io as "fi~e Project") is necessa~ and in the public's best interest in order Io protect the heahh, salary and welfare of the citizens of Collier County. Page 1 AND IT IS FURTltER RESOI,VED Ihat construction of the Project is part of the Counly's long range planning effort, and is included in fl~c Transponatkm Element of thc County's Comprehensive Plan tbr Grm~d~ Management, as approved by the Florida Department of Community Afl, irs AND H' lfi FURTItER RESOI,VI~I) lhat the County Stall' has reviewed ahcrnali~ c locations for the project, various impacts Io thc environmental, public sat~ty and ~vellhre considerations associated with thc design and construction of the project, and thc costs associated wid~ the design, property rights acquisition, and construction of the project, and the Board finds that after consideration of these issues, the most t~asible location for conslruction of the proposed improvcmcnls is collectively represented by the legal descriptions comprising Exhibil "A" auached herclo and incorporaled herein AND IT IS FUR'FItER RESOIA'ED Ihat in order l() conslmct thc project as designed, h is nccessa~' tbr the Board to acquire the xarious real propcrt5 interests de~crihed Exhibit "A" Io wit simple title interests and/or perpetual, non-exclusive road ri~ht-of-xgay, sklewalk, utility drainage. maintenance anti temporal' driveway rcstoralion intctcsls by easement AND IT IS FUR'FI IER RESOLVED that all property shall be put to public purposes AND IT IS FI;RTIIER RESOI,VED that thc Count) staff'is hereby authorized to immediately acquire by gift. purchase or condemnation in accordance wilh the proxisions of Chapters 73. 7.1 and 127. Florida Slatute~. Ibc above.referenced real property interests more particularly described in Exhibit "A". attached hereto and incorporated hereto AND H' IS FURTI IER RI~SOI,VI~D thai no mobile homes arc located ~,~ thc pmpc~ty sought to be acquired and therelbrc il will not be necessaD' to tcmm'e any mobile hmnes I?om the property to be acqulrcd second and majmhy vole ATTEST:' DWIGitl' F,. BROCK, ('1 F. RK Clerk Ap~;oved as to Ibrm and legal sufficiency lleidi F. Ashton Assislanl Coonly Allorney Page 2 John C. Noms Dist~ct 1 James D. Carter. Ph.D. Disl~ct 2 Timothy J. ConsLanbne Dis~Ct 3 Pamela S, Mac'Kie D~stnct 4 Barbara B. Bem/ Ms. Jan3 Walling Office of Pl,'ming and Dud~cdng Executive Office of thc Govcmor Thc Capitol Building. Eoom 160l TaJl;~ssec. Florida RE: Rcsponsc to Collicr Count)' ShcriWs Lcttcr o£April 2~. 1999 33~ E~t T~mi~mi Trml · N~ple$. Florid~ 3~ 12.4977 (941l 774-8097 · Fax (94~) 774-3602 April 26, 1999 Dear Ms. Walling: Collier County Sheriff Don Hunter recently sent you correspondence dated April 22, 1999 in regard Io thc appoal of his Fiscal Year 1999 budget approved by. thc Board of County Commissioners. The letter indic, ales that the natur~ of his budget appeal focuses on two succinct issues: (1) whether the Sheriff is a county wide Constitutional Office with county wide duties; and, (2) whether F.S. 30.49 m~l other pertinent Florida Statules r~cluin: reserves for contingencies Io bc available upon demand of the Sheriff, in the budget of the Sheriff. A copy. of this letter was provided to the Board of Count)' Commissioners and requested that lhc Board indicate if they concurred in thc requested "narrowing of the issues". The Board of Count)' Commissioners does not. in fact. concur with thc requcstcd narrowing of thc issues. Thc $2,982, I00 reserve issmc docs not havc a narrow focus, as it would afford the Sheriff the ability to spend almost $3 million above thc amount approved by thc Board of County. Commissioncrs in FY 99. without our concurrence. As noted in pre,,4ous correspondence regarding the Sheriff's budget appeal, it is the position of thc Board of County Commi~ioncrs that the funding allocated Io the Sheriff for fiscal )'ear 1999 is sufficient for the confin'nalion ora responsible Ic~'el of law enforcement in Collier County. Therefore. the appeal process should proceed with the documents requested by Governor's Office of Planning and Budgedng. Sincer ~ ~'amela S. Mac'Kie, Chairwoman ~ Board of Count)' Commissioners Collier County, Florida Attachments Board of County Commissioners Dor~ Htmter, Shcriff Robert F. Fernandez, County Administrator David C. Wcigcl. County Altorncy THIS SE'1-TLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and ma~le on this 27th (lay of April, 1999 by and between Clabel Julien (hereinafter referred to as" Mr. Julien") and Collier County (hereinafter referred to as the "County"). WI T N ESS ET H.' WHEREAS, Mr. Julien filed a claim against tile County as a result o'f an auto accident that occurred on August 13, 1997 near the intersection oflmmokalee Road and Randall Boulevard in Collier County, Florida and that involved a vehicle driven by Mr. Julien and a vehicle driven by a County employee (hereinafter referred to as the "Auto Accident Claim"~; and, WHEREAS, Mr. Julien and the County, without either of them admitting any liability or fault, desire to settle the Auto Accident Claim and any and all disputes or issues that arise or derive from, relate or refer in any way, whether directly or indirectly, to the Auto Accident Claim; and, WHEREAS, Mr. Julien and the County desire to reduce Iheir settlement ~f the Auto Accident Claim to a writing so that it st~all be binding lll)on them as ,,veil as their respective owners, i)rincipals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 9A NOW, THEREFORE, in consideration of the mutual cowmants, promises and consideration set forth in this Agreement and Reiease, and with 1he intent to be legally t)OU~(I, ,N~r. Jtl~ie~ ,~1([ ~J~e County agree a~ follows: 1. Mr. ~ulien and the County adopt and inct~qx~rate tt~e foregoing recitals, some~m~es referred to as "Whereas Clauses", by reference into this Agr,,ement and Release. 2. In consideration of the res°luti°n °f the Aut° Acci(lent Claim aswell as aH disputes or claims arising or deriving' from or referring or relating in any way, whelher diremly or indirectly, l°theAut°Accident Claim, and for and ir~c(msiderati~m of Ibc sum of $23,500.00 and off,er valuable consideration, including ti]e paymetd of all m(,diat~on fees, the receil)t and adequacy of which is hereby acknowledged by Mr. lulien, Mr. Julien agrees to release and discharge the County and its respective principals, elected ~)fficials, officers, employees, ex-eml)loyecs, agents, attorneys, represer~latwes, inst~rers, spouses, successors, assigns, heirs and affiliates from the Auto Accident CJ,~im an(l ,my ,im(J all lialfility that is or may I)(, related, associated or derived in any way, whett~er diredly ()r inclirecfly, from the Auto Accident Claim and fu~her covenants never ~o sue the (~unly any of ils respective principals, elected officials, officers, employees, ex-emlfl(~Yees, agents, a~torneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates for Auto Accident Claim or any dispute, issue or claim that relates, (lerives from, or refers any way to the ALilO Accident Claim. 3. In (.onsideratior~ of the resolution of the AuW) Accidor~t Claim, ,m(I fl)r other good and valuable consideration, tt~e receipt and adequacy of which is hereby ackn~)wledged, Mr. Julien, ()n behalf of himself as well as on behalf of his spouse (if any), attorneys, agents, representatwes, insurers, heirs, successors and assigns Jmrel}y expressly releases and forever discharges the County, as well as its principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, Heirs and affiliates from any and all claims, demands, causes ~f action, damages, costs, attorney's fees, expenses and obligations of any kind or nalt~m wHa~s(mv('r that he I~as asse~ed or coukl have asse~ed in the Auto Accident (71aim or that derive from or relate or refer in any way, whether directly or indirectly, to the Auto Accident Claim. In this regard, and without limitation, Mr. Julien ~,xpressly warr,mt~ he has tt~e fuji ,mlhorit¥ to release all claims of loss of conso~ium (}r claims of t~is insurers that may arise or derive from or relate or refer in any way, wt~ether dire(tly ~r in~lin,(tiy, the Auto Acci~i(mt Claim or ti~e events, incidents or allegations (,n('~)mj~,lss~'(I l~y tim ALii() Accident Claim. 4. NotwitHstanding anything that may be to lt~e contra~ m I'aragral)h 3 (~f 1His Agreement and Release, Mr. Julien and ti~e County agree that either of fl~em (as ~vell as any other persons or entities intended to be bound) sl~all, in the event of any breach, retain the rigt]t to enforce the terms and conditions of this Agreement and Release. 5. Mr. Julien and the County acknowledge and agree lt~at this Agreement and Release is intended to and shall be binding upon ti~eir respective princil)als, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Mr. Julien and the County acknowledge and agree fl~at this Agreement and Release memorializes and states a settlement of disputed claims and nothi.~g in this Agreement and Release shall be construed to be an admission of any kind, whetl~er of fault, liability, or of a particular policy or procedure, on the part oi' either Mr. Julien or the County. 7. Mr. Juiien and tile County acknowledge and agree, 1hat Ii,is Agreeing'hi and Release is the product ~f mutual negotiation and no (Iout)tft~l or ,m~biguous language or provision in this Agreement and Release is to be construed against any i)any based tlpOt~ a claim that the pa~y drafted the ambiguous provision or language or that tt~e pany was intended to be benefited by the ambiguous provision or language. 8. '[his Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged [)reach of this Agreement and Release, Mr. julien and the County agree that all underlying causes of a~ion ~)r claims of Mr. Julien or olhers, wino might either claim through him or upon his behalf or by subrogation, have been extinguist~ed by this Agreement and Release and that the sole remedy for breach of tills Agreement and Release st~ail be for specific performance of its terms and conditions (~r any damages arising from the breach. In this regard, Mr. Julien and the County ~u~her agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. ~his Agreement and Release shall be governed by tl~e laws of the state of Florida. IN WITNESS WHEREOF, Mr. Julien and the County have signed and sealed this six (6) page Agreemen! and Release as set forth below. DATE D: .. · . A-F[EST: DWIGHT E.~B'ROCK, Clerk ~t~atu~e only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COLJNTY, FLORIDA / / I AMELA ~. ~-~'-~, ~an Da,e: 4/19' / ¢f . THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CLABEL JULIEN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Clabel Julien before me this /4~Zday of /77~_., 1999. Public Personally Known .~, or Produced Identification Type of Identification Produced 9 A My Commission expires: Approved as to f()rn~ and legal sufficiency: Michael W. Pettit Assistant County, A lorney 9A THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on ttqs 27th (lay of April, 1999 by and between Celeste Boliva (hereinafter referred to as" Mr. [foliva") and Collier County (hereinafter referred to as the "County'). WITNESSETH: WHEREAS, Mr. Boliva filed a claim against tile County as a result of at~ auto accident that occurred on August 13, 1997 near the intersection of Immokalee Road and Randall Boulevard in Collier County, Florida and that involved a vehicle owned by Mr. Boliva and in which he was a passenger and a vehicle driven by a County employee (hereinafter referred to as the "Auto Accident Claim"); and, WHEREAS, Mr. Boliva and the County, without either of tt~em admitting any liability or fault, desire to settle the Auto Accident Claim and any and all disputes or issues that arise or derive from, relate or refer in any way, wi~ether directly or indirectly, to Auto Accident Claim; and, WHEREAS, Mr. Boliva and the County desire to reduce their settlement of the Auto Accident Claim to a writing so that it shall be binding upon tl~em as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of tile mutual covenants, promisc, s and consideration set forth in this Agreement and Release, and with the inlent to l)e legally bound, Mr. goliva and the County agree as follows: 1. Mr. Boliva and the County adopt and incorporate tile foregoing., recitals, sometimes referred to as "WI]ereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of the Auto Accident Claim as well as all dispuJes or claims arising or deriving from or referring or relating in any way, whether directly or indirectly, to li~e Auto Accident Claim, and for and in c<>nsideration~fti~esum of S39,250.00 and ortner valuable consideration, including the payment of all mediation fees, the receipt and adequacy of which is hereby acknowledged by Mr. Bo!iva, Mr. Boliv,i agrees to release and discharge the County and its respective principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates from the Auto Accident Claim and any and all liability d~at is or may be related, associated or derived in any way, whether (lirectly or indirectly, from the Auto Accident Claim and further covenants never to sue the County or any of its respective principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliales for the Auto Accident Claim or any dispute, issue or claim that relates, derives from, or refers in any way to the Au~o Accictent Claim. 3. In co~sideration of the resolution of the Auto Accident Claim, and for other good anct valuable consideration, the receipt and adequacy of which is t~ereby acknowledged, Mr. Boliva, on behalf of iqmself as well as on bet]alf of his spouse (if any), attorneys, agents, representatives, insurers, heirs, successors and assigns hereby expressly releases and forever discharges the County, as well as its principals, elected officials, officers, emp~oyees, ex-employees, agents, atlorneys, representative% insurers, successors, assigns, spouses, heirs and affiliates from any and all claims, clem,re(is, cau~('s(~f damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has assened or coukl have asseded in the Auto Accident Claim or that arise or derive from ~)r relate or refer in any way, whether directly or indirectly, to the Auto Accident Claim. Jntl3is regard, and without limitation, Mr. Boliva expressly warrants he has the full authority to release all claims of loss of consortium (,r claims of his that may arise or derive from or relate or refer in any way, whefl~er directly or indirectly, to the Auto Accident Claim or the events, incidents or allegalions encompassed by the Auto Accident Claim. 4. Notwithstanding anything d~at may be to tt~e contrap/ in Paragraph 3 of this Agreement and Release, Mr. Boliva and the County agree fl~at eifi~er of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce tt~e terms and conditions of this Agreement and Release. 5. Mr. Boliva and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective principals, elected officials, officers, employees, ex-employees, agents, attorneys, r,~presentatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Mr. Boliva and the County acknowledge ancl agree that this Agreement and Release memorializes and states a settlement of disputed claims and notlqng it~ this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Mr. B(~liva or Ihe County. 7. ,k~r. Boliva anti the Cotmty acknowledge and agree Ii,at this Agreement an~l Release is ti~e product of mutual negotiation and no doubtful or aml~guous language or provision i~ this Agreement and Release is to be construed against ~ny pa~y based upon a claim that t[~e parly drafted the ambiguous provision or language ~r that the pa~y wa~ intended to be benefited by the ambiguous provision or language. ~i~i~ Agreement and Release may be amendod orqy I,v ,~ kYritlr'n instrtmmnt specifically referring to this Agreement and Release ;~n(J executed with the ~an~e formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreemem and Release, Mr. [foliw~ and the County agree that all underlying causes of action or claims of Mr. Boliva or others, who might either claim through him or upon his behalf or by subrogation, have been extinguished by this Agreement and Release and that the sole remedy for bre,~ch of this Agreement and Release shall be for specific performance of its terms and condition, s or any damages arising from the breach. In this regard, Mr. Boliva and the County Further agree that the sole venue ~or any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. 1'his Agreement and Release shall be governed by the laws r~f the state of Florida. IN WITNESS WHEREOF, Mr. Boliva and the County I~,n.,e signed and staled this six (6) [)age Agreement and Release as set forth below. ZPR ~ 7 1999 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA F1AMELA S. MAC'KIE, Chairwoman Date: --~EL"E.S'TE BOLl'V3,, Cla'~aht THIS SE'FrLEMENT AGREEMENT AND RELEASE BETWEEN CELESTE BOLIVA AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Celeste Boliva before me this ~day of ~ Signature~blic ,1999. Personally Known "'M' or 'Produced Identification Type of Identification Produced Commission expires: Approved as to form and legal sul'ficiency: Michael \¥. Pett~ Assistant Counh' Attorney h;hl'~h~'~-~,~:¥mr'nt aKr~menl & release RESOLUTION 99- 223 ..\ RESOLUTION OF THE BOARD OF COUNIY COM*IISSIONERS OF COLLIER COUNTY. FLORIDA. OPPOSING SECTION (6) OF CS/SB940 (SENATE BII.L 940) FILED WITH TIlE FLORIOA LEGISLATURE W}IICII WOULD LIMIT HOME RULE AUTttORITY OF LOCAL GOVERNMENT TO REGULATE OUTDOOR ADVERTISING SIGNS LOCATED ADJACENT TO ANY PART OF '['HE STATE ttlGIIWAY SYSTEM. IN TIIF. IR GEOGRAPItlCAL BOUNDARIES. \Vt tEREAS, thc Collier County Board of County Commissioners is aware that Scclion (6) ofCS'SB940 fSenatc Bill 940) has been filed in the Florida Legislature which would preempt thc home rule authority of cou~llies and olher local govcmmenls lo regulate ouldoor :~dvcrlising signs located adjacent to any part of'thc Statc l lighway Systcm; and \VttERI(AS. Collier County derives its home rule authority finn, thc Florida Constilutim,: and VCItEREAS. thc Board is opposed to State legislation that wot~-kl preclude It)cai governments from regulating outdoor advertising signs within their geographical boundarics. NOW, TttEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNIY, FLORIDA, flint the Collier County Boanl o1' County Con, missioners opposes any legislation flint would limit home rule authorily of local govcn,mcnts to rcgulale outdoor adverlising signs within their geographical Ixmndurics :ultl, therefore, requests fl~at Section (6) ofCS/SB940 bc deleted from thc Bill. AND BE IT FURTIIER RESOLVED. that the Clerk is hereby directed to distribute copies oft}tis Resolution to the Collier County Legislative Delegation. This Resolution adopted this ~.,~---"~day of~: .1999, aFtcr motion. second and mzoority vole Ihvoring same. ATTEST: DWIGIIT F.. BROCK. CLERK :'~ ~pprovcd }m to fom~ and '..legal sufficiency: David C. Count), Anomcy BOARI) OF COUNTY COMMISSIONI:.RS COLLIER COUNTY. FI.ORII)A PAMELA S. MAC'KIE. CI~klRWOMAN IOE ".1 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 1'1/30/99 1 MEMORANDUM Date: To: From: Re: April 29, 1999 Mary Morgan, Supervisor of Elections Ellie Hoffman, Deputy Clerk Minutes & Records Department Agreement for Election Services by and Among the city of Naples, Collier County and the Supervisor of Elections Enclcsed please find two criginal agreements as referenced above, approved by the Board of County Commissioners on April 27, 1999 (Agenda Item ~llA1). Kindly forward these documents to the City of Naples for the required signatures and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at: (8406). Thank you. Enclosures ~ook 112 · Page Agenda Item 13-b Meeting of 6/2/99 RESOLUTION 99-8550 A R.ESOLb-~ION Ab~"TH. OR/ZING T}{E MAYOR A~UD CITY C~ ~ ~ ~ A~~, OF CO~I~ CO~ IN ~b~_.~~ ~ FO~ A~AC~ ~, '~H ~ ~ CO~ISSIO~ ~ COLLI~ CO~ Sb~SOR OF E~CTIGNS FOR S~S ~ USE OF VOTING ~ ~T T~TING EQUI~ IN CONtRaCTION WI~ ~ CI~f OF l~S ~ E~CTIGN ON ~U~Y 1, 2000; ~ PRO~DING E~YECT~ DA~. · ~, the General Election for the City ~'~ ,' -~ ~ w~i! he h~id cn Eekrua:y i, 2000; and e ~e~ that th~ City c'~ Naples enter ~-~, the City Clerk has rec:~, nc - - ~ · into an agreement with the Beard cf Collier Ccunty C ....... ~icners asd the Co~, ~,- Count'; Suuerv~sor of fcr servlces and =he use c~ vctlng and ballot "~ ~ ' NCW, ~~, ~ IT ~SOL~ BY ~ CObR;CiL CF ~ CI~ OF ~S, ~DA: -~ ..... ~d tc Sectlcn I That the '~ ', - ar,~ Clt'z Clerk a:e hereby ~u · .;.m a~tached ezecute an agreement, ~n substantially the ~ ..e.~ -~'_~u, wlth the Ecard c~- Csiiier CountS' Cc~.issicneus and the use cf votln~ and ha/ici %abulatlnq equipment ccnjunctlcn , ¢'~ the Ci~y of Nacies General February ., -~ . P~S~ IN OPm; m~ ~ SESSION OF ~ CiTf COb~;CIL OF ~ Ci~ OF }~S ~DA, ~IS 2~ DAY OF ~2=, 199~ ~ Tara A.. :;3rmak, C:~y Cie.'.4 A.F~rc'.,ec az ts form anc..iegality: Naples Election A.qroement 1 s v,c s 1 1/ I By and Among the City of Naples, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for the February 1, 2000 city council elec- tion and is by and among the C~ty of Naples (City), Collier County by and through the Collier Coun- ty Board of Commissioners (County) as owners of tho County's voting and ballot tabulation equip- meat, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's vet. lng and ballot tabulation equipment. WITNESSETH In consideration of tho premises and covenants set out below, and for $10 and other valuable considerations ~n hand received by the County and tho City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. The City ackr, owledges that only the Florida Constitution and the Florida Legislature may con- fer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through vari- ous legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.021f7), Flonda Statutes, provides the definition for "election" used throughoul the election code and by definition, those elections for which the County and Supervisor are resI)ons~- ble. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter, the C~ty is responsible for tho conduct of all its municipal elections except when the City chooses to call a special election to be held by mail balfbt. S~Jeh an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 1, 2000 City council election under the City Charter. 5. To facilitate the City's conduct of its February 1, 2000 election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as §19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes which the City makes relative to polling site locations or any charter amendment refer- endum questions. Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election. 7. Subject to the terms of this Agreement, tho County agrees to lease the following ilems to the City for use at the polls in its election: · 120 Voting booths, ELS or equivalent self-contained Model 5 aluminum · 120 228 position vote recorders and templates · 120 Magnifying lens attached to the stylus chain · 120 Voting Stylus -- one per booth · 20 Handicapped stylus -- one per precinct · 20 Demonstration vote recorders · 20 Ballot Boxes and ballot box tables · 20 Ballot Box padlocks and keys · 20 Long-stub Ballot Transfer Cases, aluminum · 20 Precinct Signs with mounting assembly · Precinct directional street signs and mounting assembly Naples Election Agreement · 20 Precinct supply bags but not supplies · 20 American Flags · 20 Flag Poles · 20 Vote Hero Alphabet Card sets · 20 Alphabet card holders and assembly Handicapped Access Ramps only if precincts used match that for which the County had constructed a ramp 8. The City shalt contract for and acquire all consumable supplies used in the election directly from tho vendor. Consumable supplies are those which may be used once. 9. The City shaU arrange for the voting equipment preparation to occur between tho hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election (!ate. 10. The City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8:15 a.m. on the Monday preceding election day. 11. No later than the third day following tho election, the City shall check or clean out the equip- ment to insure that no City election supplies remain in tho precinct supply bags, the ballot boxes, transfer cases, or voting units -- either used or unused. 12. The City shall remove the masks and ballot pages from the voting machines and identify them for their records retention storage site. 13. No later than 5:00 p.m. of tho Friday immediately following tho election, the City shall remove its supplies -- both used and unused -- and transfer them to the City's own storage facility. 14. The City shall contract for and acquire ballot cards which conform to the standards provided by administrative rules adopted by the state. 15. The City shall use the county's certified tabulating systems, as certified for use after July 1, 1993 under the new state standards, and pay directly to the approved vendor all costs for pro- gramming, on-site election support, and any repairs required as a result of the city's use. 16. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide the setup of equipment for use by the City. 17. I',lothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide for any consumable supplies -- those with a life expectancy of one use. 18. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide any oaths, supplies, or training other than materials previously provided to the City by separate covers dated March 25 and April 8, 1993. 19. Nothing in this Agreement shall be construed to infer the County or tho Supervisor interpret~;d the provisions of the City's charter or interfered in any way with tho City's exercise of its home rule powers pursuant to the conduct of the City election. 20. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisi- tion or construction of additional equipment for use by the City at its poll sites should such equip- ment not already be in the County's inventory for that specific poll site facility. 21. Nothing in this Agreement shall be construed to require the County or the Supervisor to ar- range for the installation and delivery and pickup of voting machines or equipment to tho City or to the poll sites for use on election day. .N, aples Election A.qreement llAI 22, Nothing in this Agreement shall be construed to require the County or lhe Supervisor range for or acquire any supplies for use by the City for either the voting equipment or at tho polls. 23. Neither the County nor the Supervisor shall be held accountable for equipment needs not con~ rained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. 24. The County and the Supervisor or tho Supervisor's staff shall not provide equip~nent service calls during the course of the City's election. 25. Subject to the terms et this Agreement, the County agrees to lease to the City the ballot tabu- lation equipment components enumerated herein: · A Novell 386 file server with monitor and keyboard; · A Printronix 600 LPM printer; · A "host" (DTK 386) with monitor, keyboard, F&C card reader and controller; · A "remote" 1 system (DTK 386) with monitor, keyboard, card reader & controller; · A "remote" 2 system fDTK 386) with monitor, keyboard, card reader & controller; · Two M1000 card readers; · All existing cabling and power cords; · Current county configured and attached Best UPS Systems. 26. The County agrees to lease the foregoing ballot tabulation equipmen! to the City subject to the following additional conditions: · The City shall utilize the services of Softech to program tho system for ballot tabulation of the city election; · The City shall not remove tho ballot tabulation equipment from the Colher County Government Center whore it Js in the Supervisor's custody or take any action which would leopardize the securi- ty of the system or interrupt the custody chain. · Tho City shall conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. 'The City shall arrange for its County-approved contract agent to load the election--specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday; one week before the election. · The City shall arrange for storage of its cody of the ballot tabulation program at a site other than the Collier County Government Center. · The City's failure to comply with any of these provisions as determined by the Supervisor of Elections shall invalidate this Agreement except for paragraphs 33 and 34 since such action would have implications for subsequent County elections. 27. The City shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. 28. The City shall be and is both responsible and liable for any training of its election workers, the development of its training materials and all actions taken by the City's poll workers during the course of its election day. 29. The City shall be responsible for a_L/activity relating to any absentee ballots it chooses to pro- vide voters for its election -- including processing requests; addressing absentee envelopes; verifica- tion of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of §98.095, Florida Statutes, being filed with and authorized by tho Supervisor of Elections. 30. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation .Naples Election A.qreement within the county. 31. The City shall provide the necessary training and personnel on election day to verify absentee voter signatures, open absentee ballots and prepare the voted bailers for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 32. Except for precinct registers, the City shall be responsible for retention of all election materials and shall obtain State Bureau of Archives authorization for records destruction once 22 months have lapsed per the Voting Rights Act time frame. 33. With the exception of activities relating directly to the Supervisor's determinations regardinu voter registration and eligibility and to the extent permitted by law, the City shall pay for the Super. visor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to an,/ person or property which may result now or in tho future from C,ty's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the ext- ent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and demnify and hold harmless the County, the Supervisor of Elections, their officers, agents and em- ployees, from and against any and all actions, in law or in equity, from liability or claims for damag- es, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise eligible or from events relating ex- pressly to City election activity. 34. All costs, including attorney's fees and court costs, shall be pa~d by the City for: a. litigation involving payment due to tho County or Supervisor and for collection for any judgment recorded against the City, or b. litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 35. The Supervisor or her staff shall prepare and advertise bilingually the voter registration book closing in accordance wi£h general law and obtain an Affidavit o~ Publication for same. Said adver- tisement shall subsequently be billed to tho City which shall be responsible for payment. 36. To lease voting units, ballot boxes, and other supplies listed within this contract, the fee shall be $50 per voting unit {$50 x 120 units = $6,0001. The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the Cityshall reimburse the county for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to election day. 37. Wit. hin 10 calendar days of the city election date, the City shall provide any replacement parts or equipment for that were lost, stolen, or damaged while in the City's possession. 38. If the Supervisor's actual City election costs exceed the amount of the fee, the CiW shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall he actual costs associated with the following: · computer sort time at tho rate of $75 per sort: · computer printing at the rate of $.003 per name eac~h time the name is printed; · computer printing at the rate of $.005 per name each time the name is printed on mailing labels, or current cost; · actual costs of advertising the voter registration book closing; · actual staff labor costs for work unique and peculiar to the City's election; Naples Election A.qreement llAI · actual records retention storage costs at the rate of $,25 per cubic foot of material kept 22 months; · actual costs of containers used to store election related materiels @ $5.50/box; · actual cost of providing duplicate roll of microfilm of precinct registers plus underground storage for same (~ $.75 per year; · $10 for the dul)licate roll of microfilm by the City election registers; · $.32 for postage on -"10 envelopes, or current rate; °$2.32 for certihed mail postage, or current rate; · $.0125 per pa§o of county Precinct Register paper used (does riot inc!ude date processing sorts or printing costs); · $.032 per page of letterhead stationery or current cost; °$.0328 per #10 letterhead envelope or current cost; · $.0348 per #10 window letterhead envelope or current cost; · $.11 per purchase order or current cost; · $.082 per 'doucher check or current cost; · $.15 per page for 8.5' x 11" or 8.5" x 14" copies; · $.20 per !)age for duph;xed copies; · $1.00 per page for certified copies of available public records; · $15.00 labor costs for each page of letters or documents prodL~ced; · actual cost of any expenditures required by the City's election and paid by the Supervisor. 39. Notwithstanding all provisions for payment set forth in this Agreement, Section 101.002(2), Florida Statutes, provides the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in Section 97.021 (8), Florida Statutes, whether or not specifically set forth in this Agreement. 40. Nothing in this Agreement relieves the City of its responsibility to develop sectJr]ty procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 41. The Superwsor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an obje(:tio~ its response to the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of tho election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in th~s Agreement, incurred by Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 42. The Cit'¢ shall o ),a,n an insurance policy which shall name the County as additionally in.~lred o._r agree to provide coverage thru the City's self-insurance and shall assure that the Cotinty wdl have no financiat obligation which includes the City's responsibd~ty for paying any deductible any damages to the County's ,doting and ballot tabulating equipment and systems used ~n a C~ty election. The C~ty shall provide the County with a Certificate of Insurance for said r. overage o; a resolution indicating such coverage under the City's self-insurance program. 43. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order tot the tabulation component and an additional $25,000 if voting units are involved. The unused [)al- ance on the security deposit shall bo returned to the City when tho legal matter has been resolved. 44. The City shall arrange for candidates, candidate supporters, and members of the press to co~- gregate and await election results in some publicly accessible meeting area such as the County · llAI Naples Election Aqreement 6 Commission meeting room, city hall, or other comparable location. Candidates, supporters, or press may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee desig- hated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 45. This Agreement shall be valid only for the City election held February 1, 2000. 46. In the event any part of this Agreement is determined to be unenforceable by a court of com- petent lurisdiction, said ruling shall not invalidate the romaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting o! six consecutj~v~ly .n~mbered pa_.~,es plus a one page "Exhibit A" attachment, and affix thoir hand and of (,.~_ L~; , 1999 by the Collier County Board of Commissioners and Supervisor of Elections. ATTEST:: DWIGH'r E. BROCK, CLERK - Atc~st as .stqn~tur~ Approved as to form and 'legal sufficiency for ~e County: Ramlro Maria ~ch Mary W. Mgrgan Chief Assistant County Attorney COLLIER COUNTY BOARD OF COMMISSIONERS / <? /2/..?/, ;,, .< .-;;' ..... , ~//P~'mela Mac'Kie, Chairman / / SUPERVISOR OF ELECTIONS ATTEST: Tara Norman, I~aples City Clerk Bill Barnett, Mayor Approved as to torm and legal sufficiency for the City: Kenneth B. Cuyler, Na~s,C:ity Attorney Naples Election Agreement Exhibit A Collier County, Florida §19,1 SECURITY PROCEDURES for Stand Alone Municipal Elections Ino! scheduled concurrently with $!ale/county dates or mail ballo~ eloc!~ons) 1. Per F.S. 97.055, the Etect~ons Office will advertise the registration book closing. 2. Provide the City with a precinct by precinct demographics report within seven days of registra- tion book closing. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to pro- duce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Ofhce shall deliver the prt..cinct re(,lis~erl,~) to thc City Clerk n('~ later than 5:30 p.m. (not required for mail hallo: election). 5. tf the City leases the County's voting equipment {not supplies), permission must be obtained from both the County Commissioners and the Supervisor of Elections for each election "date per F.S, 101.36. Tho City shall provide the County with an itemized list of requested equipment no less than 45 days prior to election day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment, prepare it for use in its election, and deliver it to their polling place{s). 7. The City shall return leased County equipment to the Elections Office the day after the clec tion. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elect~ons Ofhce w~H, prior to the canvass of votes, pro vide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd ~ay after the elec- tion, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases thc County's ballot tabulation system, only the Supervisor of Elections securi- ty procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall microfilm the precinct register(s) once voter history has been posted and proofed. 12. The Elections Office shall retain the precinct register(s) for twenty-two (22) months and then shall seek Bureau of Archives 'authorization for destruction. Revised April 19, 1995; DiE OK 4/21~95 !iAZ U.S. Department of Justice Office of Community Oriented Policing Sen,ices (COPS) Grants Administration Division I I00 Vermont Avenue..N'W Washington, D.C. 20530 Universal Hiring Program Additional Officer Request Form March 25, 1999 Sheriff Don Hunter Collier County Sheriff's Department Governmem Complex, Building J 3301 Tamiami Trail-East Naples. FL 34112 FLO1100 COPS Universal Hiring Program (UHP) grantees are able to request additional grant dollars rot new officers by answering the questions below. Future grant awards will be based on the information provided in this document only: submitting another UHP application packet is not necessary. All grant reclpien~s must develop a written plan to retain their COPS funded officer positions after Federal funding has ended. ThLs plan must be submitted to the COPS Office with )'our application. Departments are aL~ required to submit the attached Assurances and Certificatkms with each additional officer request. A ~ fen a ~,,~/,'es' review' of [be ~ ~ reqm.-eme~ ~ be ~::oa,,__i,__~,'ed unless information is at,ached to this Additional Officer Request Form. The supporting evidence, at least page in length, must include (1) a satisfactory and documented demonstration of severe fiscal distress, and (2) a description of the link between a locality's showing of severe fiscal distress and how that distress impacts the area's law enforcement agency. Please refer to your COPS UHP Grant Owner's Manual for information related to the waiver requirements. Please complete this form and return to the COPS Office at the address below. Unreturned, blank and/or incomplete forms will be treated as though no officers have been requested. Additional Officers Requested Full Time Part Time Waiver Requested? 19 0 Yest3 NoB IMPORTA,%T: Both Signatures must be originals. If)'c~ have any quemons, plez~ call the US Eh:par~ment Center at 1-800~.21-6770 or your grant advi~o_~r. DW'I'(~H!i ~--.~RO'¢..~/, CL E R~ · . .-, . ':; .., ,' Law Enforcement Exec. Signature ,~L,( )f,,,.., ~ a.-v~,, Law Enforcement Executive Name and T~tle "'"'~ ~ Government Exec. Stgnatu D C~ '~, q h t(. ,? ~; ~ ~: 3. ' ' Government Executive Name and Title ....... ; , ', · :,,,r~ ~~ ......... Pamela S. gac'Kie, Board Chairwoman ,'--:.r:' ..... Office of Community Oriented Policing S~r~'ices Unl,ersal i{lr[n~ Program Co, trol D~sk. 7th Floor Il00 Vermont Avenue, N¥¢ %Vanhington. D.C. ~0~30 A~;~I:It County Attorney Please complete and return this form to the COPS Office A.S.A.P. . U.~. Department of Justice of Community Orientcd PoLicing $crviccs prm, isior~ of Feder-~ law and pollO, apply to all gra~ programs. ~e (the Office of Community Oriented Pol. icing Sm'~icc,) need to the mattersY°Ur onaZs~which wethatse~kY°Uyour(theaxsm'-a.,x~,applicimOplea_sewill contactC°mplYus.With these provisions. I/you would ~ further Lrffo n'n.a tion about any of By yottr authoTS, z~ representa~ve's signature, you asm.u~ us mx:[ cm'tify to us that yin2 will comply with all ~ and administrative mcluirt~ rr'm~ that ~:wem th~ applicant for acceptm-x:~ and use of Federal grant ft.ux~ In partieu~ you astute us tha~ 4. You wiU est~li~h sa.fegmxrds, ~ you h~ve not done so ak~ady, to p~t ~ ~m ~ ~e~ ~i~ for a p~ ~t ~, or ~v~ ~ apse of ~& m~vat~ by a d~ for p~vate ~ ~ ~lv~ or o~e~, pa~rly th~ wi~ whom ~ey ~ ~ ~ ~ o~er ~. $. You.wfil give the [3eparunent of just~ or the Comptroller General ~ m and the right to examine records and documents related to 6. You will comply with all requirernent~ imposed by the Depart- merut of Justice as a condition or adrr~istr~tive requirement of the grar~ with the program gu~deiLnes; with the requirwnents of OMB Cimd~ A-87 (Svv,m-U.n8 cost calculations) and ^-128 or A-133 (~v- eming auc~its); with the applicable pn:vAsions of the Omru~us C. da-ne ~ and Safe Stzeets Act of 1968, as amended; with 28 CFR Par~ 66 CUr, i/otto ~tive l~.q~i~); with th~ pn~,'tsiom of th~ ~ edition of the appropriat~ COPS grant owner's manual; m'~[ w'J~h ~11 other al~licable laws, orders, r~'ulatior~s or ciroJd,~. 7. You ~ to' t~ ext~nt practicable and con.sist~nt with aFrplicab]e law, seek, ~,c~t ar, d h~ qu,~lified rn~mbe~ of rac~ a~d e~u~ic ~ty ~ and qualLfied women in brder to ~ efft~ve l,~w er~~ by i,rx:~asing theLr .-~-&s within the sworn posi- 8. You wflJ not, on the Srou~d cf race, color, religion, nafior~ orison, r herrby with t,~ Signature: 3. You will comply with the ~minimurn'wage and maximum hours pruvisions of the Federal Fa. ir Labor Standan:Ls Act, i/they apply to you. Z You will o:n~ly wi~h the pmvisicrc, s of Federal taw which limit certain political activities of )'our employees whose princip~ em- ployment is in corm~c'don with an activity ~ ~n whok orin part wi~ this grant These restrict/ohs a~ sm forth in 5 U.S.C. § 1501, et.seq. gender, disability or ag~. unlawf~y exclude any person from partic- i~al:k~ in, deny the benetits of ca' ,m~loyment to any person, or sub- j~ct any pea'son to discrimination in ~ with any programs or activities funded in whole or in part with Federal funds. These a-,'ner~ed (42 us.c. § 3"~(d)); 'n~ vi o/th~ ~ ~ ,~ c~ as ame:~d (42 U.S.C. § 20~); the Ir~i-,n Civil ~ Act (15 U.S.C. lfles Act (ADA) (42 USC. § 12101, e~ seq.); the Age Di.scrimination Act of 1975 (42 U.S.C. § 6101, et s~.); and D~t of Just:ic~ Non-DLso'imimtion P,~%,'ulations contained in Title 28, Pa~rts 35 and 42 (subpax~ C, D, E and G) of the Code of r-.eder:,l Regulations. ,~. Ln the event that any court or administrative agency mak~ fi.ndLrtg of d~tion on grounds of race, color, rel/8:ion, rational orion, gt~ler, dit~bility or age :,sain~t you af't~r · due ~ of Cn,'il Rights, Office of Ju.s'tice Programs, 810 7th IS. ff you a. re at~lYin8 fi:rr a 8rant c~ ~30,O00 ot rr,~ ~,:1 Dc, part. rr,~ ~~ ~ CFR 42.501 et seq.) requir~ you to submit an F_.qua.l Opportu~ty Employment PI.~ you will do so at the'time of this application, hr y~u have not done so in the past. ff you -pplying for · grant of less than $5(X),O(X) ·nd the rt~,x~tions requ~ y~ to maintain, Pla.n on file in your ofiSc~, you will do so within 120 days o£ your grant award. 9. You wil} insure that the facilities under your 0wnership, le~.s~ er supervision which ~ be utilized in the a. ccompRshment of' the ('EPA) List of Vlolatln8 F-'scili~ and that you will n,~ us ff you advised by the EPA indicating that a' fadlit~ to be used in this grant is u~et consideration for listing by EPA. 10. I/your state has established a review and comm.mJ'~mcedure under Executive Order 12372 and has seleded thi~r~ for., review, you lxave trade this application M~il~akl~']'~ review by the state Single Point of Contact t~ ~ ~ r~ I.. · :.., . / 11. You will devise a plan Io retain the ~ state and fool fimds M'ter the conclusi4n 1. You have been k,.g~y ~ o~_Uv authorized by the appn:~:xiat~ govm'tir~ body (~r examph~, mayor'or city council) to apply ilar this ~-arL! ~ t2~at th~ persor~ signing the application and ti~ese a_ssur- anc~ on ),out I~halY are authorized to do so and to act on your belxaff with respect to any issues that may arise during ~ of Grant~eNarr~andAdcL'~ss: Collier County Sheriff's Al~Lk:ation No. a.~/or ~ Nan'~e:. COPS UHP Typed Narne~T~e of ~w F4~orc~rnznt P~pr~zn~a~. Don Hunter B. T~ ~K.e may ~ in the ~ pn:~ided be]ow the sit~(s) ~or th~ perfo~ o~ work dor~ in cormeciion with ohe ~i~c t Coordim~ r,quins app~car~s to on'ti/y that the~ has been al:,p~:~prtat~ coordi- natksn wt~ all ag~cies that may be ~ecteci by the applk:tnt's grant ~ ff aF~d. Aittc'~ ag~'~:ies ~y ~, ~e, tmon8 others, T~ appUcant 1~ ce~r~es ~t F-~er~l f'ur~Ls w~ not b~ used to ~ .'. ,.. e~ ,. · ~- .. ~,~ .~ ' -- ~ Y~ :~ ';. '~P~ty.-~1 er-~' ~ ~"~ ." ,. 05~ice Sheriff the duly a~n"iud ~prr~nta h'oe of the Sooerning bo&y, I ~ ~ ~ t ~ ; ~ ~g ~ ~ ~dy to t~ ~ ~ ~, ~1~8 t~ p~ ~ ~. E~ o/ ~ o~ ~11 ~t ~1~ ~ ~g ~ o/ i~ ~liga~ ~ ~ ~t. l~ N,~ ~d ~~~, ~~v~a~e~axS. Mac~ Board Chai~o~n App~v~ ~ to for~.&, leg~ sufficiency A~l~ta. nt County Attorney tl~. Dmpart~ent ol ce Office of CommurdD' Oriental Policing Services 34110 ~ ..... '~ ..... '~_J ..... :_._2.L__~ __'3_. J ........ J__'_: t_...?'_ .... ' ~:, i:J:. f,:,~ the p~t~-,s~r, t.f ~.,m/?~L,,j.._%/j~_.P~ Ir.m, th,, rev~sin~ certain d.-'/,,lor,ment s'~r,,~r,:s for j, ro/.ert',' ',.:"~','d c,r, Of 1-75, In 3~ctlor 21, Towr,~r,tl, 48 ~oJ'.h, /,~.~ . t / ' r,,*_,:~.~:': .,~2,,_ :~,',~,,.',.. :. r,,~,,.*~. ~.~ , Y',~, ; , ,rr .... ~::.,.~¢,,mty ~.*' :r,.Z ~,,:,,~ ~,,t,~., ,- : · (:z2;c~22tG ~s co~) PAw ~O(:~k-~'~.(~:. NAPLES DAILY NEWS ELLIE HOFFMAN ~ No: (94:L~ '7~74-840. PHI]~E NO: (941} .7.74-8406 ,! April 1, 1999 Ms. Pam Perreil Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ~;otice of Public Hearing to Consider Petition PUD-83-26(2) Dear Pam: Please advertise the above referenced notice one time on Sunday, April 11, 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. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 27~ 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 ORDINDJ~CE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LA/JD DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UI-;INCORPOP~TED AREA OF COLLIER COUNTY, FLORIDA BY AI~ENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 862122 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT K~OWN AS OLDE CYPRESS PUD FORMERLY WOODLANDS PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), EAST OF 1-75, IN SECTION 21, TO~SHIP 48 SOUTH, RAJJGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 500_+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-64, THE FORMER WOODLANDS PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-83-26(2), Robert Duane of Hole, Montes & Associates, inc., representing Olde Cypress Development Ltd., a Florida Limited Partnership, requesting a rezone from PUD to PUD having the effect of amending the Woodlands PUD for the purposes of renaming the PUD from the Woodlands PUD to the Olde Cypress PUD, adding permitted uses of personal storage facilities and motels/hotels and revising certain development standards for property. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized ky 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, CHAIRWOS1AN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) April 1, 1999 Olde Cypress Development Ltd. 5620 Strand Blvd., Suite lC Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition PUD-83-26(2) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure April 1, 1999 Mr. Robert Duane Hole, Montes & Associates, Inc. 715 10th Street South Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition PUD"83-26(2) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Eliie Hoffman, Deputy Clerk Enclosure ORDINANCE 90- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102. TIIE COLLIER COUNTY LAND DEVEI,OI'MF. NT CODE. WitICtt INCI,UDES CO,MPREItENSIVE ZONING REGULATIONS FOR Till! L:NINCORPORATED AREA OF COLLIER COUNT/'. FI.ORIDA, BY AMENDING TIlE OFFICIAL ZONING ATLAS MAP NUMBERED .~62122 BY C[IANGING TtIE ZONING CLASSIFICATION O[: TItE HEREIN DESCRIBI~D P, EAI. PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLDE CYPRESS PUD FORMERLY \VOODLANI)S PUD, FOR PROPERTY LOCATED ON TItE NORTII SIDE OF [MMOKALEE ROAD (C.R. 846), EAST OF I- 7.~. IN SECTION 2], TO\VNStIIP 48 SOUTII. RANGI! 26 EAST. CO[.LIER COUNTY, FLORID,.\. CONSISTING OF 500± ACRES; PROVIDING I:()R TI IE RE. PE.,\L OF ORDINANCE NUMBER 96-64. FORMER WOODLANDS PUD; .,",ND BY I'ROVIDING AN EFFECTIVE DATE. WItEREAS. ,",lr. P, obert Duane of t tole, Montes & Associates, Inc., representing ()ldo Cyprcs~ Development I.id.. pclilmncd thc Board of County Commissioners to change thc/,)n,ng classification of Ihe herein dcscril~cd rcai pr,)pcny; N(}W '1 tlILRHFORt~ 1/f~ IT OI{I)AINED BY TIlE B()ARI) C()MMISSI/}NI.'I{N O[- ('O[.[.IER COUNTY. FI.()RIDA. SECTION ONE: The Zoning Classification of the herein described real prope~y localcd in Section 21. Township 48 South. Range 26 East. Collier County, Florida. is changed from "PUD" to "PUD" Planned linit Development in accordance with the PUD Document, attached hereto ;~s Exhibit "A". ~hich is inco¢oratcd herein and by reference made part hcreofi The Official Zoning Atl;~s Map nunlbcr 862]22 . as described in Ordinance Number 9I-1~}2. thc Collier &runty I.imd Dcvcl{~pmcnt ('~,,Ic. ;irc hereby amended accordingly. SECTION TWO: Ordin:mcc Number 96-64, kno~vn as the Woodlands PUD, adopted on October 22, 1996, by the Board of ('ountv Commissioners of Collier County, is hereby repealed in its entirety. SECTION TtIREE: This ()rdinanc¢ shall hccomc eiTecfivc up~m liling with the Department of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, Il'tis __ day of __, 1999. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Approved as to Form and Legal Sufficiency ri ~Iadori¢ M. Student Assistant County A~torney PAMELA S. MAC'KIE. CItAII~,\V()XIAN ORD N ',,NCE. PI;D-X3.2,,t2i OLDE CYPRESS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: GEORGE L. VARNADOE Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Amended by: Hole, Montes & Associates, Inc. Date: January 20, 1999 DATE ISSUED: ~ DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: ORDINf~CE N~<BER: Exhibit "A" TABLE OF CONTENTS PAGE SECTiO/,; i, Stat~me?.t of Compliance SECTION ii, Property Ownership & General Descrlp;: 2.0i introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description ........ Project Development 2.02 General Plan of Development 3.02 Wetlands ~..~,~_~' r:.=~! ....... Land De'ze!opmenZ Regu!atio~ SECTION iV, Land Use and Regulation 4 01 Purpose 4 4 4 4 4 4 02 Project Plan & Land Use Tracts 03 Project Density 04 Sequence and Scheduling 05 Recreational Facilities and Schedule 06 Native Vegetation Retention 07 Common Area Maintenance ill 'i iV-1 SECTION V, Goi=~ Course 5.01 Purpose 5.02 Permitted Uses and Structures V i SECTION Vi, Nature Preserve & Wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 "~"-= r~'~'- ~ _ ,_a ~,, ..... Use ~.04 Permitted Uses and Structures 6.05 Reguiazions SECTION Vii, Residential 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description 7.04 Permitted Uses and Structures 7.05 Developmen5 Standards SECTION ViIi, Community Shopping & Business Office Center 8.01 Purpose 8.02 Permitted Uses & Structures 8.03 Minimum Yard Recuirements 8.04 Building Separation 8.05 Minimum Floor Area of Principal Structures Vi-Z ',II i- I VIii-1 8.06 Maximum Height 8 07 .dj ....... m Of= Requirements _ ~ ..... Loading 8 08 Minimum Landscaoinc Requi 8 O 9 c ~ 8.10 Site Eeveiopment Plans 8.1! gize ~evelopment Intender ~.i2 Arch~tect~ral a~.d S~o Do~cn Standa~'d. o ~ S~andards for Personal SECTIOX iZ G=nCral Dev¢lo mCnt , - - - P ~ Commitments ~ 01 Purpose 9 02 PUD Master Development Plan 9 03 Clearing, Grading, Earth Work & Site Draina<~e 9 04 Utilities 9 05 Solid Waste Disposal 9 06 Recreational Facilities 9 07 Traffic Improvements ~ ~ ~'reets ~ u~ ~x~_p~=o..s to County Subdivlsicn 9 i0 Polling Places 9 ii Envircnmenta! -~ ' S=-pulat~ons ~ ,',= .... Management Stipulations 9._2 Fire Station SECTION I STATEMENT OF COMPLIANCE Section 21, '7o'..;nshio 4B South, Range 25 East, Co'~ iier Co~:nt Florida, as a Planned Unit Development to be known a~; ~ ~~ will comply with the planni ng and develop ....... objectives of Collier County as set forth in the Comprehensive Plan. The residential and commercial aspects of the devetcsment together with associated recreational facilities will be consistent with the growth policies and land deve]opme~t regulations of the Comprehensive Plan Land Use Element and .~o_u ...... to for the following reasons: applicable ~ ~ " ~ect development wii~ be corn:/~ t ih ] ~-, wit~' compi~ment<~,rl; tc the surroundinc land uses. 2. The Project shall comply with the applicable zc~n.in{~ other recuza~ions 3. The Project shall utilize natural systems for management, such as existing drainage areas and enuironmcnt~, sensitive areas in accordance with their natural functions and capabilities. ..... ~ ........... areas are being well separate~] ~ Yc3m ~o ......... ~ sensitive areas and the va;u~ and functions of environmenta~ sensitive areas will not be unduly adverse] '/ affected b}' the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, the subject property which is located in the Mixed Use Urban Residential Area. The gross density of 2.2 residential dwelling consistent with th~ Collier County Growth Management Plan densit.V rating system. 6. imorovement s are planned to be in compliance with applicable land development regulations as set ~orth in Objective 3 of the r ..... e Land Use Element 7. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use El_m .... 8. The uroject contains land uses and density, es whfch make it compa~:sle with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. SECTION 1 PAGE k. The ~nc!usion of personal storage facilities and ~,~'., i~Fe~_ ~ ..... ~,_ ~,~ .... cer. mercial commcnent, of tho ~ ~ found consistent with Policy 5.1 of the Future hand Element ~ol!ie~ C_,=.~v ~:rowth Hanagement SECTION II .4 PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 iNTRODUCTION ;~ND PURPOSE it is th,~. intent of the owner ~ projcce--eoo~J%~?~-~e:: establish and develop a Planned Unit Development on appre:<im,~:.,.i 500 acres of property located [n Collier County, Florida, north side of immckalee Road (C.R. 846}, approximately !.'~ east of 1-75. it is the purpose of this d~c~xr, ent to p::ov required detnl ! and data concerning the dove iopmen~~ property. 2.02 NA:.'~E The ievelopment shall be known as THE W~DiAN~ L~LD~P_P~wSS. 2.03 LEGAL DESCRiPTiON See attached Exhibit "B". 2.04 TITLE TO PROPERTY The property is owned by the .... ._. ........... pro3 cot wno~e a*~-e~ ,, ~ ilO0 Fi~4~ ,Avenue 2.05 GENERAL DESCRiPTiON THE WC<,DLAN%~E3 Olde Cypress is a Development of Regional impact, consisting of 500.11 acres, located on the north side of Immokalee Road (CR ~46), immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. The project consists of a mix of residential uses~ limited commercial uses, an eighteen (18) hole golf course, ar~i__~stantiat areas of open space and Site ~pvclopment plan app~o;,,al '-'~ ..... rc~d by ~Be I,a~ ~ ..... ~.~.,~ ~ ~N-,~ ~ ~01~'' ~'~ ' ' t-he Collie-: C~'~ty La~3 Dcvclo~t Code, a ..... ~:=~ .... :~ the con.-.~e~-s of this D%~D ordinance ~pplic~b~ ' - ,}~ '-'~"~' ~" P~D~ ~dinancc~ thc cM~2nt t}~I' arc SECTION II - PAGE I dcvc! op:,~?:~.t .o?Pz r £~3 which caid rcuu !,at i©:~.e----re i a t c ........ .~ ~:.nal~.~,, Plat, Final ~ca'./ation ~ · ' rc~ul~ ions ~;~ to p ...... provi ' q ef thc ~ ~' ~st SECTION II PAGE 2 SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally prolect r .... ~ · ~a,, of th° development and delineate conditions that };ill apply to the entire project. describe t tho general 3.02 GENEPJ~L PLA_N OF DEVELOPMENT The general plan of development of THE WOODLAS4DS c2_kl~maus is for a planned residential community carefully integrating a ~ - ay .... ling units wit:h a mixtu~_ of single family and multi family ' '~ ' gol~ and c~, ~. r ~ , ~ _~un~_y club, commercial, ware recreational ~acilities bicycle and jogging trails and preserve areas. 3.03 WETLA::LS The applicant recognizes the importance of the wetland areas. The applican5 also recognizes the importance of setting aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs cf the future residents of the community and the public interest in planning its careful and limited use environmen~a!!y sensitive areas. This plan offers amole space and other amenity areas to the residents. 3.0a ~:~al La~d Development Regulations ~ ~]~ the DUD M~LL'232 The....fo!!cwinu a~= c~a] provisions amDl=_as__ to P~guiations for development of the Olde Cypress PUD dscument, the PUD-Planned Unit Development District and ~ applicable sections and parts of the Colli~m County Nand Development Code {LDC) and Growth.. Management Plan in effect at the time of any development order to which said regulations relate which authorizes the construction of improvements. The deV~loper, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD adopted and any other conditions or modifications may be agreed to in the rez~ing of the property. addition, any succ~or in title or assignee is subl~ ~e., ~.~m~,~s within this agreement. Unless crh=rwise noted, the definitions of all terms shall be the same as the definitions set forth in t.he SECTION III PAGE 1 th~ Olde Cypress FUD sh2!i become part recu!atlons which cove~ the F. ay be deve~e~od v;i]l ~ =,.:biecr to a ~oncu"~n~'., ,-r,-; ~ ,.,w -.~ Tmn s: th~ earliest or next to occu,- ~ ~ c~:. approvat finest · '~"atioxs the provisions ....... ~ ~ho~ SECTION Iii PAGE 2 SECTION IV 12 L. I LAND USE ANI) REGULATION 4.01 PURPOSE The purpose of this section is to set for:_h the !and ':se and --:~ ...... .~ .or ~e';eiopment of the property identified ct: ' h~- The prcject plan, including street iay-ouh and lan,i use, :s iljustrated in Exhibit "E", "Master Plan". included is a schedule ~ ~ ...... ~_d land use t~es with approximate acreages and maximum dwelling units indicated. Minor variatic:t in acreag,~s shall be permitted at final design to acccr, modate topography, vegetation and other site conditions. 4.03 PROJECT DENSITY aDDroxi ~ mate~v ~0~ acres The maximum ' ~" ~ ' : be built on :he total acreage is i100. The number of dwe]] units per gross acre is approximately 2.20. The density individual.oa~c.-ls~ = o~= land throughcut the ~ro3ect:' wi]i va:v accordinc~ to ~n_ t~e of housing emoloyed, on each ~o~-,-~-i~_~: ~,~ ~and. 4.04 SEQUENCE ~N'D SCHEDULING The applicant has not set "stages" for the deveicpment of the prooer~y; ~.-~-.- ~ · , ~ .~,~._~_~, it is estimated that total ?.uiLc out wiii take aoorcximate!v~_=~',~,-~~_,.~__., to twenty years th,._ ......... ~-~. ~.- .... ; ...... ,,~ ~,- ii~-._ of "~,;-- ~":~..a' ~"' .... c est; ~ma~e may, o= course, change depending upon f':ture economic factors. 4 05 ==COUA'~rOVZL .-z.r~rr ~TiES ~qD SCHEDULE The following recreational facilities are scheduled to constructed ~ ~.~ use of t~ residents of THE ..,~r,~,~- ~.~ .......................... S ~ aithoush ,,c .... the facillties may s,~, prlvate in nat:~re and require membership and membership fees. The schedule for development of zhese facilities relates zo the absorp2ion schedu]<: of the project zowards build-out. ........... s_- and Golf Course relazed country club facilities (1.17.41 acres); 2. Swimming pool; SECTION IV PAGE 1 3. Bicycle paths and sidewalks; Nature trails; Passive recreational uses of wetlands and transitiona] where allowed by o areas (Preservation 176.2 acres minimum); environmental oe '~' ~ 6. -~,-'-' :~ 9 acres miniature) 4.06 NATIVE VEGETATION RETENTION Pursuant 5o rD!Icy 6.4 '; "~ tb° Conserva% ,,,anage,-en= z.~eme.~, the native ~,~c~tation ...... for the ~roject, which are twenty-live (25) percent, o[ the gr:'~s~ land area, are deemed to be satisfied by the 172.2 acre preserve-., . . · ' "d Exhibit "F" of t~'-' Dark an~ w~id~ ~fe sanctuary, dep~c~e on genera- $~n cf d~ ..... lo~mo-~t for ~[E ............. ~~~-' 4 . 07 COMMON A~.~ ~'~.=~" ~mN~ Commcn area main%enance, including maintenance of CO:R~ROf% fac:~ itl;~: czen seaces, preservation areas, ~nd the water management facilities ~'"[~ be Ehe res~.ens~$~::hY Owner' s ~,~.~ .... ~ · TABLE I L~D USE SCHEDULE LAND USE TYPE DWELL RESID~ t, i00 Units ACREAGE ~,,~,,=~-:,~ (i~.q,000 SC. ft.)_* ~.,r,;~u' CLUB hAKES AND O~m.~ c=~:~k.:~ GOLF 7CqD C~u~'-.-f , '~ WETL;~:D PRESERVE, PARK ~D WILDLIFE S~:CTUARY *See also Section 8.13 of this Ordinance. 133.0 Acres 12.5 Ac tx.~s i 57.8 A(:ues 1'76.2 Acres SECTION IV PAGE 2 SECTION V 12- 1 GOLF COURSE 5.01 PURPOSE T~ p~,~os_ of this section is to set ko .... the area aesignated on Exi]ibit "E", "Development P]-~ ", c;o]t Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereol, :ua}' be erect:ed, altered or used, or land or water used, in whole or in part, oi other than the following: A. Permitted Princimai Uses and Structur,~.s Golf Course 2. Golf Clubhouse and Country Club Water Management Facilities Guest Suites 5. Permitted Accesser}' Uses and Structures 1. Pro-shop, practice driving range, and other customary accessory uses of golf courses or other recrea,.nona facilities. 2. Small commercial establishments, including g]ft s ho.~ s, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons off the golf and country club or other permitted recreational facilitfes. 2 . Shufflebcard courts, swimminc pools, types of =-~'!ities intended fei' recreation and other 4. Tennis and other racquet sports courts. Xaintenance shops and equipment storage. commercial plant nursery General Requirements SECTION V PAGE 1 1. Overall site design shall be hartnonious in terms o£ landscaping, enclosure of structures, location of access streets and -"lng and location and treatment of buffer areas oaln areas . 2. Buildings shall be set back a minimum of fifty feet from abutting residential districts and twenty five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. E. Lighting facilities shall be arranged in a manner which will ~ ~ ~ t p.O._C= roadways and neighboring property from direc glare or~,_~ interference. Maximum }{eight Fifty (50) feet above the finished grade of the lot. Off-Street Parking The 'off-street parking will be as required by the Collier County Land Development Code. Off-Street Parking Landscaping Landscaping shall be provided as required by Lhe Col iier Count'/ =~a?,c Deve~'' ~ '~' . ' ' .,~pm_n~ Code d. Storage of Toxic Substances Storage of substances identified ,on EPA Tc:<Jc S~lhst:anc,, List shall he in accordance with Section IX hereo[. a_. , The density of Guest Suites f_O32__OZaL of to the total number of dwelling units ~Lermitted in the Olde C.vpress PUD which hundred (liD0/ units and shall not exceed twenty- ~ive (25) units. The minimum unit size shall be six-hundred SECTION V PA~ 2 The Guest Sultes may be attached or detached to the Club Hous~ and are available for only resident~ or their guests. The maximum height shall be thirty-five (35k ~_e~ ~f detached from the Club House and fifty {501 feet if contained within the Club SECTION V PAGE 3 SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set ,_cr._n the function, treatment and use of +-h~ ple.~..lva~on Area desianated as such Exhibit "E". The primary function shall be the preservation of attractive resource community, wildlife habitat and sanctu,~ry, retention of water during rainy seasons and a grcu~d r,~charge as well as a water quality improvement facility. The area will also provide u::ique recreational opportunities and an aesthetic experience for the ~ ~;~easure of project ' :~ 6.03 TR:!Ai'>:E:4T USE l'h~' .... ~__.=a~s~-.':~ ....... of these areas shall be "he prescrv;tt, io~ protectzon o~ libra and fauna with the ~'".- ~ ' ~ .~ _x~ ~p~.~cn of" jogging trails, boardwalks, nature trails, and roadways ~pcn approval by the Develoement Services Director. Anotker objective will. be prohibit ven:c!es and construction " ..... , ' ~ equzp,,,~,~ unless speci.~ica] 1:' approved by the Development Services Director for maintenance, limited access cr other required or permitted activity. Removal. of ob.~ .... o .... exotics, ie. Melaleuca, Schinus, and others accordance with environmental . ~ -~ ' .~ D~r ..... s and Division 3 ~ of the Land Development Code will be required. A maintained water management system that meets requirement of agency permits will be established for the area. The water manager, est system for the project will restore t historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed thlough grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing pollutants 7'h~ akes will in turn discharge into _h. natura cypress flow-way which will provide additional ~ etent ion, filtratior, and uptake of materials within the water column. [S~},, Water Management Plan submitted with this application or as may ,~p.~at_d for further details ~ revised and/or" s ~ The ==na~ design and iccation of roadways and watt, ~' management berms crossing environmentally sensitive areas shall approved by the County engineer, Development Services Director', other appropriate County departments, and other governmenta Permitting agencies. ,~-E~TION VI PAGE i 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erect:ed, altered or used, or land or water used, in whole or irt part, for other than the following: A. Permltted Principal Uses and i. Limited access roads. "~ ~ '*'~ trazls pedes ' ~a~ _ ' and trlan boardwalks. 3. Paths and bridges to provide access uplands through the area. 4. ",la~=~,,- manaaement~ facilities. 5. Other facilities for recreation, ¢ ...... ........ ,o,-_~ .... zap. ion n~,~ preservation · ;~ " ~ ' -,~,._n approves by the Development -~ ..... , ..... ; . 6.05 REGULAi'IONS i. All development including clearing, grading and./e~. other earth work shall be irt accordance with the commitment:: Sect~ on !X of this document and approved b'/ the Services 2. All structures or other development sha] ! i,,; subject to receipt of necessary permits and auti~or[×ations Jro:n applicable County, State and Federal Governmental agencie-:~. I SECTION VI PAGE 2 SECTION VII RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose of this Section is to identify perm{trod uses and development standards ~.o~ a~eas within designated on =',~ibi~ A maximum ..u ...... of 1,100 residential dwei~ ~nc units may be constructed on lands designated R. 7.C3 GENERAL DESCRIPTION Areas designazed as R on the PUD Master Plan ar~_~ dcsigne~t {o accommodate a full range of residential dwelling types and compatible non--residential uses, a full range of retreat ~enal facilisies, essen%ial services, and cus%omary accesscry uses. The asprcximase acreage of the "R" dis%rict is indicated o:: the PUD Mas%er Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be ~rovided at the time of Site Deveic~ment Plan c)r Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Co] I ier County Land Dove!cement Code. Residential tracts are designed t.o accommodate internal roadways, open spaces, pazks and amenity areas, lakes and water management facilities, and other similar uses found in res~ .... ia~ ~ ..... h,.. _ areas. 7.04 PERMii'TED USES ;~ND STRUC'FURES No building or structure, or part thereof, shall be erected, altered or used, or land used, ].n whole or part, for other than the following: A. U~rmitsed Principal Us~s & ! S{nc~ family detached dweil~n~:s ,:. Single £amllv uni~s as ixdivimual structures or as combinations u~ to and including eight attached units per structure. Such uni[ types with marketing descriptions .of single family attached, duplex, patio, cjuster attached, cjuster ~ ~ '~lia or ~ ~', de~ac,,~. .... attached de~ach_a townhouses and zero lot lines a ..... ~ted 3. Water management facilities. SECTION VII PAGE 1 12B facilities. Parks, open spaces and other recreational outdoor Multi-- '~ ,-, :.amity Dwellings includinz ~" '~ Apartments 7..6_~ Any other principal use which nature wizh the foregoing uses and which the Director determines to be compatible in the "R" District. rs. Accessory Uses and Structures: i. Accessory uses and st ructur,.~s customaFi associated with erincipal uses permitted in this district. 2. Model ~ ~- and model dwelling s ' ~m_s '~ unit ~ conjunction with prcmcticn of the development for a period not to .~::.:c,~ed :!:r.~<· years from lke in:tiai use as a model. ~ Temocrary sales facilities for ~"~ init' units for a specific project es ~ermiuted by ~he Collier County Land Devetcpmen~ Code in effec~ at the time buiidi~g permits requested. 4. Tennis courts, handball and racquetball courts;, .... =m ....... ~ sos;~, shufzlessara courts and other similar facii~=zes. 5. Sigus as.sermitted K}, ~h~ _. "~11._~ .~¥'_~ County, Land Development Co~e in e .... t at the time a u .... ding uermit is 6. An'/ .~'-' ~r_n= accessory use wh~;' ;~ comparable :'n '"' the foreaoina uses and which the Development Services nature wi_n ~ ~ Director determines to be compatible in the "R" District. 7.05 DEVELOPMENT STM{DARDS A Table iI m~ · -_ s_us forth the development standards for land uses within the "R" Residential District. B. £itc '~ ' ~ ...... ~ ....:~ for categery i uses apply apply to c-!aired p,nrccl bcundari~=s. C..B_~ Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area s%andards apply to principal structures. SECTION V!l PAGE 2 D.F.~ Development standards for uses not specifically set forth in Table Ii shall be established during Site Development: Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. ~..D_~ in the case of residential structures with a common ...... qu,~ed property development reaulations may architectural th~m be waived or reduced provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. F.E~ No a~tached single family homes may be located beLween two detached s=,,g~e family homes if they are a p-~rt of the qa~ .... platted block. =.'2_. Sins~e ~a,,~y zero _..o~ are J .. seeara~er.; zzo:n slng~e family detachei dweiTM .... side yard requirements to distinguish these t}ges fez the purpose of applying development standards under Table ti. Zero lot line dweti~c~ sha~i b~ defined as a-y type o~ detac}~ed o" a~t~ched single family structure empzoy~ng a zero or .~_d ......... yard set forth ~ .... in, and which conform to ~m~m-,~-~- of County Land Development Code Article 2, Division 2..~, Subsection 2.6.27.4.4.i through Subsection 2.6.27.4.4.3. ii n ~ {~ 1 use structures which are ~fl~'i. fl_d .... ~r: shall have a minimum of two parking spaces per ,~._~ ..... g unit. Th.~ ' . n._ unpaved when Director may Dermmz a i/2 s~ace per unit to ' ~ circumstances indicate infrequent use. However, uhose unpaved spaces shall be left in natural - ~' ~ -- vug_~a~ion and reserved for f. utur~. paving ~ f deemed to be necessary by ~he Development ServLces Direcuor. i.H. Landscaping shall be provided as required by ~ of the Collier County Land Development Code in effect at the time a building permit is requested. J.i_. A landscaped buffer shall be provided along any tract boundary adjacent to THE WCODLft:DS ~S project boundary including adjacent to the roadway along the east and west projec~ boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a p~eservation area exists or where the golf course exists. The design c.f the buffer' shall meet the suandards of Sec~i©n 2.4.7 of uhe Colli.er County Land DevelopmenU Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. K.J. Differing housing types on the same tract must be compatible, unless the following standards are adhered to: SECTION VII PAGE 3 i. The differing housing types are physically separated into discrete areas, such as separation by common amenities or water management areas; or 2. Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. TABLE THE--WOODLANDS D EVE LO PME NT--~ Ti~DARD ~--FQR--RE S I DENT I PJ=-4tREA $ pEp_MiTT=n ~cm= SINGLE F.~-MILY ~ ~ MUT'TI-F'~-MILY Minimum Lot 5,CO0 ~ ~ n/a q AG Arca Front Yard ~ -- Arca Min. (S.F.~ SECTION VII PAGE 4 2. i;{ .~,, ~-~- F~,,~ major ce!!ccuer reade ~c! lines and/or from ~ho ~n-.- ~true~re, ',.'hi c~,, is sro t half ~_%:-1 h,light, whichever is greater. 6. Four habitable fi~?c?~r.- :nbev.-_ pe:-k so'.,en habitable figaro above ~king tony enhance .... .'Jew c?rridors., and to p?z'mit interface- wit~ ~rcscr','c areas Jo Ions au ~ ~ ..... ~ ~ w~ r~ d3oi,,i Director thro~h .: ccnceptu:l or final ~ite 8. -l-aiwa-o:': an}' 5',,'0 principal sn?*~'cturcs cna half thc_- cum cf their heights. Between an}' twa accessory structurc:~ one half. thc sum cf their heights. In thc case ~ cluJt~re~uiidin~s, wit}~e~n architcutural thcme~--nhe distance r. av R,- !c.~c, · .... ;~' ........ 1 SECTION %'11 PAGE 5 TAIII,I'~ II 12" I I)I'iVEI.()i'~II';NT ST.'\NI),\IIIIS I"()R III'2'ill)EN'I'I.\I, PERMITI'ED U,S F.S AND STAND.'\RI)S ,Minimum [.,,t ..\rca~ ,x, linimUlll \Vidth':' ["toni Yard Side ~; rd Setback Rear Yard Setback I'riucipaI Rear Yard Accessory Nlaximum l~tuldim: l lcight SINGI.E I"/\MII.Y l)ti'I',,\Cl lEI) cxOII0 .";.1:. MI ZERO LO]' I,INE SIN(iI.E FAMII.Y ,,VITACl lEI) T\VO FAMILY & DUI'LL:X AND TOXV'NI lOUSE MLJI,TI- F/\MII.Y I)\VI';I.I.1NG 5.0{l/I S.F. 3.5110 S.I'.''~ '~.1)1 } S.l". per I :\(' till. 35 3~ 15~ 21) I() 10 35 III lll l :~ l~uilding ! k'jEI)_! 1. l{ach halt' ~I' ii du qcx unit rctuircs a lot '~rca alh,catl~m ,,t thirtx-lixc humlrcd {; 5{Ifl) Stltlill'g' I('cl liar a k~tal minimum ol'sc~cn ti.ms;md 17 Illlll) si tlill'C Ibcl. .~ li n ira um h,I ~ ith hs m;p. be reduced I,v menlv (2~1) p~j'c3'j)Ll~.,.[~)2]zS[?~Es_h ~I:~ ~,, miff mai nod. \Vhcrc thc ×cro (()) I'o()t xard 5)plim'~ is utilized, the (,p. pj_~?jjc_~jsle ()1' thc structtj? shall have a tent1 r)) ti),,t side va~'5t.:.ff~Z,&(.O) SECTION ",/l I PAGE 12P 1' ,'-;inulv family d,,,.ellings which provide tbr t~v~ (2) E~jr_k_ir~,g_._sp_aF_Ss._w_iLl~i2u.gn enclosed side emrv garage and provide lbr ~u?l__l'~k_~g~_!t_[Er' lhan.l~_iE!.lc driveways mav reduce frol.__~t yard requirements t. tcn ll 0_} !.L'$'! fi?r_ II)E_E{!_[j!L:.F 5!mi tr.-tnt:' 1201 I'cct lbr lhe remai~Iruclurcs. l~,uildintz hciFht shall be lhe vertical distance Imm ~l~e firs! Iinishcd floor m !LiEhcst point (d'the roof surface o1' a Ilar or Bermuda roor. Io thc deck linc Mansard roof and t, lhe mcan hcigh!.level bctxvucn thc caves and thc ridEE__t, u~blc. ~ and gambre! rool~. Accessory buildings shall he limited l~ct ab()v~g[adc. l"~,ur hal'fimhlc Ilo~rs almve Earki.n_g._/\ maximum ,f sex cn par. ki~lg, m~' t~e ~l~prox'ed m enhance view corridors and Io preserve areas so Io[}g as mtt incompatible with adj?p~9.g 9pproval of lhe I)cvclopmcnt Ncrviccs I)ireclor lhrough~l I)cvclopmcnt Plan. Buildi~p l~aceJll lo lilt proiccls b{mndarv SECTION VII PAGE 8 SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose cf this section is to set forth ~:he plan and regulations for the areas designated on Exhibit "E" Development. Plan as Community Shopping and Business ~= " O~ice Center ~ C") . · ~-~ USES 8 02 PERMt,.=:~ & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in parL, fo~ other than the following: A. Permitted Uses A~iie..~cc steres Ar~ s t,~.] dos Bakery shops 7 D ~-~ ' ' ' ..... - ..... 1 ....t ItUtlO~ Bio}el ' ........... -~ SCrVICC ...... stores i~. Carpet sazcs net includ_.,3 i:~ ..... r'hi!~rc c,2~.~..~__ subject to i%. C!o~3hing storc~ 15. Ceckta ~I Ioung~ 17. Dc! ica%c~_~ ~3. Draocry shops in Drug zv. Dry ~-~-~ s~reo Z!. Florist shopo ~ ~ Food ~-~-~'~ ~ .... :' ,drxl turc 25 ~'o~ ~ .... ~ .......... : ppti ........... ~ range n~ Courmct ~'~ 2~. [[ardwarc stores 29 ~:~a~m ~ ......... ~ m~-~"~ faci~ dries :n inter or ~, ....... ng ~ ~ Laundries ~ ' ' uO~CS SECTION VIII PAGE 1 1 27. 39. '11. 'i 2. 43. 44. {5. 46. 47. 45. 45. 50. :,{c, dic n! clinics "*' ' !incry hops .';± 2 Off icc : ~' supply ~ hop ~ ~ ppi ' Pta% ~oncry Va r i c ~ y - ~ ....... ........... prcfcss~c}na~ ~ich is 2~oa.r=blc in nature ',.'i~ t~s uses and ..,~, 4 ~}, ~ k*. ~; ........ dc%cr~s t fhf~b ,- ..... h{x~ ~ ~hc district W~r managcmcn5 .All. commercial uses permitted by right in the C-3 Commercial Intermediate district of the Section 2.2.!4 of the !jand Development Code in effect as of %his date this PUD ~s approved, including a personal self storage center group f4,225) and hotels and motels groups {7.01!. 7.021. and 7.D_4_LI~ a~y o~her commercial use or professional s~rvice ~;hich is comparable in nature with the foregoing uses and which the development services director finds compatible within the district. B. Permitted Accessory Uses and Structures i. Accessory uses and structures associated with the uses permitted in this district. customarily 2. Temporary sales/information permitted at the Director's discretion. facilities may be SECTION VIII PAGE 2 8 03 MrFrvUM YARD ~r~UiREMENTS -..: s?.a'..i ne ~,~ ba~t' -,~,~,'m o~ 35 foot [rom roadways and '~ ~ ~o~nda-- -~ she!' .k~ maint~~~in~ arcnn and any t:~ep~ 8.04 ~UiLZi:';$ Al! of theiv .,~.~.~s ' ' -.: idings with a common architectural theme, q'hese cjustere~ n~= . distances p. av be less nrovided that a site. dave]o:xnent plan -~u ;~EA OF PRINCiPt~ STRUCTURES 805 except tn~ ~.-~.~. ~-~ '; ~ s~ecia!ty st recognized standard size !ess than one thousand squ,-~re feet be permitr.~d when site development plan aoprova Lb feet: ar~sve ~ .... s,,;d grade o£ lo~ 8.07 ...... r,~--z r.,-- c-nuuT PAP. KING & OFF-STREET LtADiNC- REQUIREMENTS , ~..C*. Col . - ;--=~ by the Land Development r.~,'~ c~ lief Ccunt.~ 8.08 :,iiNiMUX i/C.;DSCAPING REQUIREMENTS As ~cu:""~' oy ~ion 2.4 of the ' ~ ~,'~,}o-',-~-nt Code ~f Co!i ~er ........ , · 8 · 0~' S:.:i::.,',,'~E Sic;F,S as ~e!-[7,; *"~ --'q h'/ ,:.I _--...--,.,~..--~----,,---~- u ~- ~ c~r,~ ; r-j~ ~ ~ ~r ~ ;';' ~r;i ! ; .... COi,lllhy [,arid Development Code in efiect at ~ne ........ ...... ~ =','uNo PLAINS 8.10 SiTE ~=$=~O ' ~-~ ~' by ~nu l~f the Land Development Code Col i ~ ....' .... n~ · A ~; .... m~rc[al co~n~nt o~~°ject is iii:lit_ed to ~ ,-~$,~~_.F' ~or Area. ~See also c~n~n~' E) ,--~ mnl<im,,~P, sitY for ~he motel/hotel ,Ese is sixteen SECTION VIii PAGE 3 Al: ....... d~*'~]~n-~?,.. ............. winhin ~m~ commercfa! area oc as depicted on the PUD Master Plan shall be 'unified for each ~ract ......... {-~'d~c~ buildinG_ designs_ ~ landscapinG. ~., and signa~.~xd ~s~h~'~ ~=? -~ ~quirements of Division 2.8 of the Deve!coment Code. ~ .... ~2~ch acre or fraction thereof thau is F~ersen~! storage facilities in lieu of retail %:~. a ~ro~orliona! am%~h~t of retail area shall he forfeilled~__~z examp!e. ~ =~', {6] seres of personal storage developed in lieu of retail u~es~ seventy nine hundred (79.290} S.F. of retail uses ~i!! be deducted £roi~ m?? ~r<imurx square fcotage permitted for are~. .-'~ation cf ~mn sera.ohs! storage the west =ide of the entrance in~o S.~:~ he located tc the rear of c~_~ ~~~Ng immoka!ee Road and south the Olde Cypress PUD Ma~ter Plan. SECTION VIII PAGE 4 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT A. The PUD Master Plan and the Development Plan ]l].u[;tr;)te a preliminary development plan. B. The design, criteria and lay-out iljustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with ail applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments snazl be executed or cran~_d to insure the continued operation and maintenance cf all service utilities. D. Minor design changes which are in ~.he spirit of thi~:; document are permitted subject to staff review and approval . Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Amendments to this Ordinance and PUD Master Plan shall be madep=_==a~' .... -~ to Section 2.7.3.5 of the Co!l~er County....LDC_iI1 effect at the time such amendments ma}, be recue~/_ed. E.F. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. F.g~ To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads n~c~ssarv to construct and build certain facilities on the project. C.H_ Water management facilities and lakes shall be only the size and depth recuired to meet the needs of the developer for fill on the property or as required for water management and water quality purposes. The developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Land Develo'Dment Code Section 3.5.7.3.1. SECTION IX PAGE 1 ~ -~.~ 0!~4~a_fQ~ress PUD shall be subject to SecLiOll_2~_.-t~ of the LEC. Time Limits for Approved PUD Master Pla~q~e~'~zl 2.7.~.6. ~;~--eof Mcnitoring Requirements. 9.0~ CLEA.~i:;,=, =.~.~l~l~o, EARTH WORK & SITE DRAINAGE Ail clearing, grading, earth work and site drainage sisal] perfoz,~e~ ~n acccrdance with all apoiicabie stat~ and local Env: .... ,---*~-~iv sensitive areas and orotected olant be carefu]i'/ marked and protected during construct ion using '' ' l_ ~-,~c~m~nt ~ h.; ~ ~ so as non to harm any areas or r~iaxts. 9.04 UTiLiTiES ','- ~.~ dis~rihut ions and ~.owa.~ col lect ion .... :ss!ch ~v~m= ill be constructed throuahou~ t~e develop~e:~'" oz'"' the developer. .uursuant to all current, r~,~ui, rem,~nt._. of Collier Ccun'" and the crate of Florida. Water and facilzties co ........ . .... w ¢ - or w . =~ ,¢.nt required by the County shall be conveyed to tho utilit'/ eq .... m.. s Cou,,~:, fo:- ownership operation and maintenance purposes Al water and sewer ~acilities constructed on private property and not required by the County to be located within utility easemenhs shall ?.,~ owned, olperated and maintained by the Developer, t~is assigns or successors. Upon completion of construction oi the water and sewer [aciiities within the project, the facilities wi] l be tested to insure they meet Collie:- c' ~ , ~auirements at which time they will be conveyed or transferred the Count?', when ~l~';r~d.._~ ~ b'/. th~_ Utilities Divi~:ion,.. pursuant; appropr:~te Co~,n~z Ordinances and Eegulazions in ,~f [ecu at_ time,_c.,,-;l'~,~,,~. or transfer is reauestea,' p..,-'c-,-~, t:o being, pl into service. 2. Ali construction plans and technical specifications and ~rozosed ~ ~ ~ , ,. ~ p~a~.o, if applicable for the proposed wateu distrik'::t ion and sewage collection and transmission facilities must ber~_,~=viewed and aporoved, by the Utili~ies~ Division prior commenceme:lt of constr~action. 2. Ail customers connecting to the water distrJbuhion and sewage collection facilities will be customers of the County and will be billed by the County in accordance with th'b County's established rates. ~ould~h~, ..... ~ ........ --~ not ~_ zn' a post~'~on provide water and/or sewer serv~c,e to thc pro] ..... wate~ ~_n~ ......... ~ shall ~ .......... ~=.~,,_~ ~ ~ ~ ' ut;li~ csta~shcd to serve thc pro]cot unt;~ the County's ~f¢ s~tc 4. It ~s anticipated that the County Utilities Division will ultimately supply potable water to meet: the SECTION IX PAGE 2 consumpt~, -, demand and/or receive and treat th~ sewage generated b}.' this ~"" ~ '" -'~ .... ~ .~z ....... '-- in a ~ositi~ s~oj_c~. ~~ha ~ ................. ,,._~ b~ ' . supply ,~taL-ic ',-,'a~r ~-- the ..... 4 ..... ~/~ ~,2 t~.]tm-2:]~ ii_ir, ti; ~- {~s an~ Zo~ interim and di~pcsat. ~,,..r--'i:~tico,,,~uatc to ...... .,_._~ ,,_~ ~ rcq~~-.-~f t-he ::. An Agreement shall be entered iht© betv:ee~ Count:',, and the Developer, binding on the D_%_lop_r~ ~ '~ , his assigns successors, legally acceptable to the County, prior to approval 0£ construction documents for the proposed project, stale that: n ', Thc~ proposed wa<ct oepp I y----e~¥~ -fl~;liti~, ~fr...;~ sower ~ .- - - n': / .... f a o i 1~4 e~ a re ......... m ~ ....... ._n._ fac services ~'~.~...~" to t~sc lands approved by t~,. .... ~eu~--~ provi~o wetter c~/cr sewer ~crvicc outside ~~-}-' o~:zrove,J ,i~%c County without t~c ~i~-~- t:~ .... : -~--, ' disoent-~:.... ,~e-,2f t~ water s~!y source, if ~-ppiLc~bte, i~a ~anncr ~{~e4~tc~t with State cf Florida standnrds. --All w{~% ~e~i-~ tb[o .a~ivity shall ec ~crfo~t ne cost teMPle Count},. sba! Connection to the Count}"s off-site wate~ and/or sewer facilities will be made by the owners, the assigns or successo:-s at no cost to the County ~[thin 180 faci i i {: ~c' i~7 a,,,~e. The cost of connect ion sba include, but not be limit:ed to, all engineering design nmi preparaLion of construe[ion documents, permitting, modificathon refitting of sewace~ pumping facilities, i~,t~-, s IC~-' .~n~le C tion County off-site facilitLes, water and/or sewer lines necessary to make the connection{s), etc. *i~-ht At thc' ti~.=s County -off s4tc water. sewer f~ii'' · c~ ~, ..... 4 , ~iOS ,irc a,j~l~ ............ .- ~jcat to connect wLth, the following water and/or sewer facilities shall be conveyed to the Cou:~t'?' pursuant to appropriate County Ordinances and Regutatlcns in effect at the time: SECTION IX PAGE 3 1 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or ............... -~ Sower .... i ~ - 4 to ~ County's e~ s;'-~ wa~r~H~er ..... '-~ ~o~l:~ ...... m.,~ the .on ~tc water -~/~-' ......... _~ ...... ~._ County ~_ , ......... ...... ~ ........ ................ ~ ~ ngt limi~_.~ te a)~ Main sewage lift station and force main interconnecting with the County sewer facilities including utility easements necessary; e} Th,-, customer's servci on a:: intc~--P+eeif; =~ =~i2_{_= .... ~ ~~uCt~ ' by thc Dc'.'~~---~:~%~ .... cus~omcrs~f ~4'.e C~nty w.~._,, County wat~- -l~i,/or sc~er [ arc avaii~,~le t~vc ,~ ..... 'oct tur~ovcb EO thc Co~2llty~l ..... 1~ l:st ~ ~R ..... ~ thc interim "~'' ~ .~ ' ~_~ities sygtcm 'dn~ shal~ n~ compete wlt~o ~r t~ se~c of ~n ............. . Thc ~ ~ ~'~ erov[dc "~'" C~tv wi~m ~ .... :~'~ ' ' . _.,_ . ~,, a ......... inventor% ~ thc ~~itnzn t~c ?~ct '~ ~" cntit~ ........ will ~ war ......... ' billing ~ .... he projc~ ~0~ t~- cr and/or SCi','iCC re-'J1 All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. 9~,' di The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate Coun~ y Ordinances and Regulations in effect at the time of Perm] t request. This requirement shall be made known to ali prospective buyers cf properties for which building permits will be requi~-ed prior to the starz of building construction. .. ~-~ ~ ......... its option may tease .... ~ transmission s~, to thc project .... - ....... .... ~ .... pply, -~ : to aet.-,~ion of the ~a~ su ......... a~ SECTION iX PAGE 4 ~. Data :-ccui__d u"d~,, _~ ~.,,,,~ ....... O~di:,~ee.~: No. 9n~ l utilized, ':eon re~ip% thereof: ~3~,~.''~slo:;' ' .-~o~ .... ;: ~"z' i2 ut;,~izOd to .~-~* ..... -- : .... ~ .... ~.- ~-'' J it mu~t b,z oroncrly stxed to supply average -~nd ?~k--+Piy~i~r~e~ ~,,,~~.. ~3, ,_,..~_.c~ .~ .R ...... f~i~ ~,-; .... i, -- h '' his assigns or ~ .... ' ..... ''~' ---~=~ ~ ,_ project s Owner(s), shall nelsziate in good faith -with the County for the use ~ ' ' for irriga" treat<::: s.:',;a~e ef~''~''~.,~_n. 'within the project :mlts, =urc~.se:;. The Owner would be responsible fcr oro',,iding al' : .. ~a~.~ities from the County's 'nt site c;:~ rut and ~umplnc ~ ''~' po: - -- ~a,..: with the Cou:~t.'/ to rJrr.;'.'i~:'_' d~ii'/e:".,' ..o the .... n4~''- ant negot~ fu' ~. ~,-~_ :)nrti]~ ~'~.~.,-- ._ ,, { t,'_ s~orage' facilit'~._~'s, as re<tull-ed. ~-.',,.; ' .,- c~ "~ "ed ~ '" ~' t(;) DE~, ,ccXS i s 5 e:l'~ with t;~ '/0! ~t~e j .... a,_ 9enerazad i;)' .:.u ~rc] - , ..... ~.,~ · ~ - a( rccab., .... .,=ion rc pump :.:ci!isy at ~ mutually 3 ~ ~ ...... ' . The un~i = ..... ~,-,, i : non t~~f~.' ~'-' o',mcr ; ~ ~k,-. -..: .... : T~,.- "~'a] i set .... ii~ ~R,-. sit'2 ~.s thc -:'.'.-: r': u ~h,-s tank and/or re pump ~a, '~ { :'''~ ha,,~ n~ ,* ' ........... ~ t.~t ~hc C<)L:R~' mt~.~(? ~a~;~.: ..... it~': are ~o'.. _ ,u,,ai~,. _,,~._~ ~,~ thc time occupancy of the .......... : ~h~''~n the County d-'s' "~ to ~!csc ,~ ._ ._ : .... ~;~;~ -' ~ 0~ ¢,,~. ~ .... ~ .... ~ ~row~ w~ ~ j thc ~ou~'~''~ ..... facilities a:u a'zai~-'b~- to thc d~el,}pcr fc-r such SECTION IX PAGE 5 %.ii~ Construction and ownership of the water and sewer facilities, ~"d~r.c. _..~ an} ........ 4 ~ .... ~. __. and/ ..........~.--~ .... ,~ ~"~;^~~-.:~__~, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. ~.'-:D~ A detailed hydraulic design report covering the water distribution system to serve the project must be submitt,~d with the construction documents for the project. The report shall list al! design assumptions, demand rates and other £acto:'n pertinent to ~he system under consideration. 9 0B SOLID ~.~ac-- · ,,~._~ DISPOSAL "~ .... be made with ~_~_ssa~'/ arrance~ents au.d agreements sbaI ~ a~cv~4 solid waste disoosa~ ~' ~ d ~.;_c_ ~o all areas of t~;- Dro~o~ 9.06 RECREATIONAL FACiLITiES The nature urails, bike paths, and other recrqa'_~c::al and facilities and access thereto shall be ~a~n~ained by owners association, in addition, any future recreat facilities, as may be needed by the future residents of this project, shall be funded [brough a system of revenues collected by the home owners association. Every residential unit owner of development shall become a member of the home owners assoc~.a~ion. 9.07 TP_n. FFiC iMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision reau[rements for a minor collector. b. mx~..._ PUD document, section 9.02-G, ota=_o= ~ that the roads may be private. The road through the commercial area may possibly be designated public providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. c. The project shall be provided with three (]) access points ~o immokalee Road. .... access roads/driw~s shall be i~m~ted to the access poin[s shown on -h~ mast~- plan The "Y ~'~ ...... p.o=os_~, commercial areas shall not have direcz access to Immokaiee Road. All drives shall be ~ ~ acces . . con.._.___~ ~ the s roads built by this uroject e. Ali :raffic control devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316.0747, Florida Statutes}. s=ar~e~, if the four ianing of immoka lee Road has not been uhe deveicoer shall provide an eastbound left turn 1 SECTION IX PAGE 6 storage ~- - ' ~c,n~ ant a westbound deceleration lane at each projecL o_n=~an .... ....~fore any certificates of occumancy, are issued. g. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals skall Be owned, operated and maintained by Collier County. h. 7he developer shall provide arterial ]eve! st ~'eet iightin? aL ea~'~ prc3ect entrance. The opera~zna and mai,nt'eP,,~p,c,~ costs of these units shall k.e assur~ed by Collier Count?'. ~ The ncr~h-souzh local road on the '~ -- w_s~_.n side of the proj~ =hall be constrained to a two lane (sixty of wayi ~; ' ~ t~cn r the .... c ..... gu~a ' ore north half cf the 9.08 STREETS ....... p.o~ect may he privately owned and maintained. '['he access streets which cross environmenta ~] v sensitive ' .... m~ ~cuired) areas wi.i~ be minim~z,~] EnGineer and the sections are at~ached as Exhibit "G" ........... ~ .... ~ ~u CCDTYFY SUBDIVISION A. Land Development Code, Section 3.2.8.3.19: Street nam,~ signs shall be approved by the County Engineer but :~eed not mee~ U.S.D.O.T.F.H.W.A. Manual cn Uniform Traffic Control Devices. St~t ~ ...... nt painting st~ ~ ' ~ · · ~ .... ~ .... p,ng, ant reflective edg}nu requiremem:~ sna,i me wa,z .... except at entrances. E. Land Development Code, Sections 3.2.%.3.17, 3.2.8.3.18, and 3.2.~.4.16: Street right of way and cross-see.Dion for specified private roads shall be as shown on Exhibit "G"; provided that a sidewalk oz' bikepath be provided on both sides cf four lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Sect ion 3.2.8.4.'6: The t,000 =ee= maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of cur!) radii a5 street intersections shall be a minir~um of 30 feet local roads only. E. Land Development Code, Sect ion 3.2.8.4 . 16: The requiremen~ for i00 feet ~angent sections between reverse curver; of st ...... ..... ts wi]~ be waived if agreed upon by t~.~,,_ ",_ou.~,.y .... ~V. ngineer and the ~v~} D_ _.opment Services Department. F. Land Dov~lo:,m._,~_ _ ~ ~' Code, Sec%ions 3.2.8.3.24 and 3 .... 2 8 4 2n:~ ,v'~.. .... ~c"irement.~ for blank u~il~tv~ . casings shall be 1 SECTION IX PAGE 7 waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that P~4's be installed .in typical ,-~ w~._~ valve cover is waived. w R~.~_-o.-,~a~ reouirements sha~ ~',~ d~. ermined in accordance wi~h the general requirements o~ D{v!.sion 3.2 Subdivisions, however, road right-of-way widths less than the typical requirements may be approved ' ~-: Das_~ on appropriate technical justification that insures that the public healtt~, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. ¸'1 9.10 POLi~iN.%-' PLACES Poi!~'-g ;:laces shall be provided in accordance with Collie:- County Lan.~ ~eve.~pm .... Code and as may be amended ~r-, tne fuLur,-:. A. Feuitioxer shall be subject to the County's Groundwater Protec~. -. . ~iOE ©r~i~a~ce B. Prior to commencement of construction, the perimeter of the pro~ec%ed wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in ti:e South Florida ?~a~.er :<anagemenu District Permit, subject to the approval of 5he South Florida Water Management District (SFWMD) and Collier County Developmen[ Services staff. The staking and roping shall remain in place until all adjacent cens.Lruc[ ion activities are complete. C. Wetland preservation/mitigation areas, upland buffer' zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements as well as on the plat wi~h prczective covenants per cr similar to Section 704.06 of ~he Florida S~atutes, provided that said covenants shall not conflict with Sou5h Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant ~o the existing South Florida Wa~er Management District Permit No. ii-01232S, "and U.S. Army Corps of Engineers Permit No. 1989909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Review Staff. E. Buffer zones adjacent to the preserve areas shall be pursuant to South Florida Water Managemen[ District Permit No. 0i232S. SECTION IX PAGE 8 1 F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior slue o!an/construction plan approval. Such plan shal] be consistent with the requirements of Division 3.9 o£ the Collier County Land__~v~~_~.,_.,~ Code (CCLDC) and South riot.ida. Water Management District Permit No. 1i-01232S. G. Replacement and mitigation plantings shall be..randomly spaced and/or clumped at the densities quoted in Thc Woodla~ Olde Cypress Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase i Construction), to emulate a more natural environment. 9.12 WATER Y~=NAGEMENT STIPULATIONS A. Potables s,~_ drainage plans shall be submitted Lo the County Engineer for review. No construction permits sha]] be issued unless and until approval of the proposed construction ~n accordance with the submitted plans is granted by the ware? Management Advisory Board and County Engiueer. ..... ~s~.~ction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Land Development Code. D. Storage of hazardous materials in aboveground and u~.,.~-~~~.,~' ....~ ~anks shall conform to the minimum requir~m~,nts provided in F.A.C. 17-61. For the purpese of this stipulation, hazardous materials are defined as those materials addressed the EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director end Development Services Director, considering recommendations from the Environmental Science and Pollution Control Deparnment Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two {2) desicnated farm crossings in Section 20 unless previously completed by other parties. F. When required by the County, the developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements te serve the remainder of the Cucohatchee Canal watershed. SECTION IX PAGE 9 9.13 FiRE STATION Prior to issuance of any building permits, a fi~-e station serving this project must be operating within five (5) miles o[ the project. 9 . 14 B~CHEOLOGiCAL RESOURCE~q The deve!oper shall be subject to Section LDC ~ ~ ~ me_ ua~n~nc to archeolocical_ resources in the event ~h_vo. aro. located on the subject property_ SECTION IX PAGE 10 ~ I ~1~ ~.:! ,~ " :::::::::::::::::::::::::::::::: ..... .~:~:~:~.~~:::.~.~:~:~:':~... >.~ · :':':';'/ 1:':':':':':':':~~ :'> '":':':'x ~ · .:.:.: ................ :., ~.; ........,.,,..,,..,,:,~ ,~ .. .......... :.:.:.:. , ~ ...:,....... ......... . ., ~ ::::::::::::::::::::::::: ~ ~": , ~ - ~ ~1' : ~I J~O~~0~ EXtIIBIT B Section 2 I, Township 48 South, Range 26 East, Collier County, Florida. less thc South 100 feet thereof, being a Collier County canal right-or:way, also excepting the following described parcels located in said Section 21. E ~A of SW ~,4 and the W V: oFSE % of NW %, and the W V: of SE % ofSl~ %. and thc W ~ of SW % of SE 'A, and the SE ~A of SW ~A, and the E V: of W ~5 of SW ~.:, of SW ~A, and the E V2 oFSW % of SW ~A. Ail of the foregoing subject to any limitations, dedications, reservatioris, restrictions or easements of record. Propert,v contains: 500.1 I acres W:\I996',lO~,~6OX0 RI.D :~:: ised legal doe Naples Daily Ne~s Naples, FL 3~102 Affidavit of Pub[icatto~ Naples Daily Ne~s , i BOARD OF COUNTY ATTN: TOflYA PHLLLIPS PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 #912501 57860~74 91-102/PUD-83-26(2) State of Florida County of Collier Before the undersigned authority, personally appeared 8. Lamb, who on oath says that she served aa the Assistant Corporate Secretary of the flaptes Daily Ne~$, a daily newspaper published at Naples, in collier County, Florida: that the attached copy of Advertising was published in said n~spaper o~ dates Listed. Affiant further says that the said Naples Daily N~a is a newspaper published at Naples, in said Collier Co~Jnty, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first pub[tcatfo~ of the attached copy of advertisement; and affiant further says that she has neither paid proatsed any person, firm cr coporatio~ any discount/ rebate/ co~issic~ or refund for the purpose of securirX:J this advertiseaent for publtcatio~ in the said newspaper. PUeLZSNED C~: C4/11 AD SPACE: 151.000 FILED C~: c~/~2/9q Signature of Affiant 'e TO IBED LO-. LOCATED ON TH~. NO~TH S~E OF MOAKLEE ROAD (C.R. 1464 EAST OF I-TS IN SECTION 21, TO~VN- SHIP 41 SOUTH, RANGE 36 EAST. COL- LIaR CO*JNTY. I=LORI- DA, CONSISTING OF" ~00 +/- AC~ES: PRO* V~OING FOR THE RE. PE~t. OIg ORDINANCE FORMER WOOD- LA~S P~ AND BY PROV~fN~ AN FE~ DA~ & A~, OlOe CV. O~ C~r~s ~1 Itles and NOTE: All ~ ~ ~ 10 m~ O ml~m~ ~ 3 ~ ~ ~ r~e the thereto ORDINANCE99- 27 AN ORDINA, CE AMENDING ORDINANCE Nt.;.MBER 91-102, TIlE COI.I.1F.R ('OUNTY I.ANI) DEVEI.OPMF~NT CODE. WHI('H INCI.I..I)I:S '['IIE COMPREItENSI\"I£ ZONING REGUI..'\TIONS FOR TIlE I:NINCORPORATED AREA OF COUNTY, FLORIDA. BY AMENDING Tt IE OFFIC1AL ZONING A'[LAS SlAP , U, IBERI:D 862122 BY CttANGING TI tE ZO?:ING CI.ASSIFICATION OF ]'lie IIEREIN DESCRIBt'.D I>,F.:\I. PROP[:'RTY FROM "PUD" 'FO 'TIJI)" PI.ANNED UNIT DEVELOPMENT KNOWN AS OLDE CYPRESS PUD FORMERLY WOODI.ANDS PUD, FOR PROPERTY I.OCATED ON ]'III:. NOR'HI SIDE OF IMMOKALEF. ROAD (C.R. 846), EAS'F O1: 1- 75. IN SECTION 21, TOWNS}tIP 48 SOUTtt, RAN(iF. 26 EAST. COLLIER COUNTY, FLORIDA, CONSISTING OF 500.i. ACRES; PROVIDING FOR TIlE REPEAL OF ORDINANCE NUMBER 96-64, TtfF. FORMER WOODLANDS PUD; AN[) BY PROVIDING AN EFFECTIVE DATE. \VItEREAS. Mr. Robert Duane of ttolc, Montes & Associates. Inc.. representing Olde Cypress Development Ltd., petitioned the Board of County Commissioners Io change thc zoning cl;,ssillcalion of thc herein described real property: NOW TtlEREFORE BE I'F ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONI'.'RS OF COLI.IER COUNTY, FLORIDA; SECTION ONE: The Zoning Classi ficafion of the herein tlcscribcd real properly located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUl)" to "PUD" Planned Uni! Development in accordance with thc PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereol: The Official Zoning Atlas Map number 862122 , as describcd in Ordinance Number 91-102, the Collier County l:md Development Code, arc hereby amended accordingly. SECTION TWO: Ordinance Number 9fi-64, known as thc Woodlands PUD, adopled on October 22, 1996, by the Board of County Commissioners of Collier ('ounly, is hereby repealed in ils entirety. SECTION TIIREE: This Ordinance shall become effective upon filing with the Department of State. P:\SSED AND DUI.Y ADOPTED bv lhe Board of County Commissioners of Collier County. Florida. this~_~_~_ day oF ~__. 1 999. ,.\TTEST: D\VIGttT E. I?,ROCK. (.'tcrk BOARD OF COUNTY COMMISSIONI'~RS COLLIER COUNTY. FI.OR IDA Attest &~ to signature only. Approvedasto Fonnand Legal Sufficiency Marjo~c .".I. Student Assistant County Attorney OLDE CYPRESS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: Robert L. Duane HOLE, MONTES & ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 DATE ISSUED: ( ) DATE REVISED: D~TE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY ~CC: ~/2?/~q ..... ~ 9?-2¢ ORDINANCE TABLE OF CONTENTS PAGE SECTION Stat<~ment of Compliance m._~O~ ~, ~roperty Ownership & General Descriptlon 2.01 lntr,.~duruicn an.d Pu~.'pose 2.C3 hegai Description 2.0,i Title to Property 2.05 General Description 3.01 Purpose 3.02 .General Plan cf Development .~' "~ ' ' ~ De'.,elc~ment Regulations SECTiOP: iV, ha::d ;is,? a:~d 4.01 Purpose 4.02 Project Plan & La:id Use Tracts 4.03 Project Density 4.C4 Sequence and Scheduling · ;.$5 Recreational Facilities and Schedule 4.06 }:ati'ze Vegetation Retention] 4.f'~ Common Area Maintenance I l Il I SECPiC':: "J, '901~',. '._,~ .... ~s'~ 5.02 Permit%ed [ls,}s ,l{::d S2ructur,.~s SECTION VI, :{ature Preserve & Wildlife Sanctuary 6.01 Purpose 6.{}2 Function 6.03 l:'eatment Use 6.0,1 Permitted Uses and Structures 6.05 Regulations SECTiO?~ Vil, Residential 7.$1 Purpose *?.02 r<aximum Dwell. i:iu U:]its 7.03 (;eneral Description 7.04 Permitted Uses and Structure,s 7.05 Development Standards SECTi~''~,, Vii~,' Co~;mt::tity ,.h~p~.~3c ,-~ "~ ~, Eusit'~ess ~f~i~:: 8 01 Purpose 8 32~'-_.ml,.''ted Use~; & Structures .... n.mu,:, 'f~rd I~quire~ents 8 04 ?~uilding Separat:on ¢... =,: . . lncipa~ Si. iL;Ct S 76 ;.;a:<i::',um VII I VIII 1 PAGE 8.06 ;,:inimum Landscaping R,~qu[Iements 8. i0 Site Deveioement 6.'2 Architectt:ra~ and Site Desig:; .... o~:;r~ards r Personal Sei[ Storag,~ SEC'FiG:; '1<, geneza] Develcpment -. ~2 ~,~s .... Raster Deveiopmen~ Plan i'.03 Clearing, Grading, Earth Work 9.3,; Utilities i,.C~ Sclld Waste DisDosat 9. %V P.ec:-,'~artie:~ai Facil ities 9. 1% Streets 2.'39 ~'l:<::'e r~ t i c;,:] s 9.1,[ Pcllina Places 9.11 Environmental Stipulations c, ' ~ mire 9.'4 Archeological Resources SECTION I STATEMENT OF COMPLIANCE This development of approximately 500 acres -,f property in Section 21, Township 48 South, Range 25 East, col ] [er County, Florida, as a Planned Unit Development to be known a~ OLDE CYPRESS will com:~!y with the planning and development o~ ]e~'~ iw~s of Coll~er County as set forth in the Comprehensive Plan. The residential and commercial aspects of the development together with associated recreational facilities will be consistent with the growth policies and land development regular ions of the Comprehensive Plan Land Use Element and other applicable documen~ s for the following reasons: 1 Project dove] opment will be (:om:> t t. it)l,, complimentary to th,~: surrounding land uses. 2. The Pro]ecL shall comply with the applicahl,'. ;:o:]fr~, ,~nr] other re'au' ~at ions 3. m;~ ,]-~ Project shall utilize natural systems f or water management, such as existing drainage areas and env:ronmenta]. sensitive areas in accordance with their natural functions and capabilities. 4 The d .... opm=hr areas are being well separated from the environmental sensztive areas and the value and functions of the environmental sensitive areas will not b- undul'/ adw:~'r;e]y affected hv the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subpec% property which is located in the Mixed Use Urban Residential Area. The gross density of 2.2 residential dwelling units per,~=~_ for OLDE CYPRESS, therefore, ~s consistent with the Collier County Growth Management Plan density rating system. 6. improvements are planned to be in compliance with applicable land development regulations as set forth'in Object]w'~ 3 of the Future LanrJ Use Element. 7. The project will be served by a full range o£ servzces, including sewer and water by the County resulting in an efficient and economical e:<Dnns~on of faczlities as required in Policies 3 1H and ~ IL of ~hr- P. .... -~ ....... ~ut .... Land Use Element. 8. The mroject contains land uses and densities which make it compatible with and complementary to adjacent existing and SECTION I PAGE ! 2.. '. L. ~" future land uses, as required by Policy 5.4 of the Future Land Use Element. 9. The inclusion of personal storage facilities in the commercial component of the project may be found consistent with Policy 5.1 of the Future Land Element of the Collier County Growth Management Plan because this use will result in a reduction in development intensity. SECTION I PAGE 2 SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner to establish and develop a Planned Unit Development on approximately 500 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of i-75. It is the purpose of this document to provide the required detail and data concerning the development of the property. 2.02 N~qE The development shall be known as OLDE CYPRESS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B". 2.04 TITLE TO PROPERTY The property is owned by the Olde Cypress Eeve!opment LTD a Florida Limited Partnership. ' 2.05 GENERAL DESCRIPTION Olde Cypress is a Development of Regional Impact, consisting of 500.11 acres, located on the north side of immokalee Road (CR 846), immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. The project consists of a mix of residential uses, limited commercial uses, an eighteen (18) hole golf course, and substantial areas of open space and preservation areas. f SECTION II PAGE 1 SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 3.02 GENER3{L PL;~N OF DEVELOPMENT The general plan of development of Olde Cypress is for a planned residential community carefully integrating a mixture single famiiv and multi-family dwelling units with a golf and country club, commercial, water recreational facili%ies, and jogging uraiis and preserve areas. 3.03 WETLA~DS The applicant recognizes the importance of ~he we5land areas. The applicant also recognizes the importance of seuuing aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limi. ted use environmentally sensitive areas. This plan offers ample open space and other amenity areas to the residents. 3.04 General Land Development Regulations The ~o~low=.~g are general provisions applicable to the PUD Masuer Plan: Regulations for development of the Olde Cypress PUD shall be in accordance with the con'uen[s of this documen%, uhe PUD-Planned UniU Develcpmen~ District and ouher applicable sections and parts of the Collier County Land Development Code {LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the constructzon of improvements. The _v~lo~e_ his successor or assignee, agree to follow the PUD Mas~er Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In additzon, any successor zn ~i%le or assignee is subject SECTION IIi PAGE 1 to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the ti~.le of building permit application. Ail conditions imposed and all graphic material presented depicting restrictions for the development the Olde Cypress PUD shall become part of the regulations which govern the manner in which this ~it~ may be developed. Development permitted by the approval of this petitio:~ will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building3 permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions ~rom any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in luli force a~d e~e~. SECTION III PAGE 2 SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The~Du~oos~, . . of this section is to set forth the la.nd use and regulations for development of the property identi[ied or~ th,~ master ~lan. 4.02 PROJEC? PL~q & LAND USE TRACTS The project plan, including street lay-out and ia:v! use, i:: i!lus~rated in Exhibit "E", "Master Plan". included is a schedule of the intended land use types with approxlmate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permi5ted at final design to acccmmoda~e topography, vege%aticn and otker site conditions. 4 03 ~^'-~'- iT!' · r..~m._~ DENS The tctal acreage of OLDE CYPRESS is approximately 500 acres. The ma:,::mum number cf dweilina un,ts to be built on the total acreage is ilO0. The number of dwelling units per gross acre is approximately 2.20. The density on individual parcels of !and throughouz ~he project will vary according to the type of" housing employed cn each parcel of land. 4.04 SEQUENCE ~;D SCHEDULING The applicant has not set "stages" for the development c.f the prcDer~y;. .~'~, it is estimated that total build ou,_' wiTM~ approximately seventeen to twenty years. The est~mat.e may, course, cha..~_~2~ de~endlna. ~ upon future econcm:c farters. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some cf the facilit:es may be private in nature and require membershio and membership fees The schedule for development these facilities relates to the absormt~on schedule of the project towards build-out. _. C~ubnouse and Golf Course 'with 18 ho!es, tennis and related country club facilities [Ii7.41 acres ~ 2. Swzmming pool; SECTION IV PAGE i Bicycle paths and sidewalks; 4. Nature trails; 5. Passlve recreational uses of wetlands and tran.~][tiona] areas {Preservation 176.2 acres minimum) ; wh.::re a] lowed by environmental permits 6. Parks (3.9 acres minimum). 4.06 NATIVE V 'E=EIaT:.~,, RETENTION Pursuant to Policy 6.4.7 of the Conservation and Management Element, the native vegetation retention req~ir.-~men~ s for ~he Droject, which are twenty-five (251, percent of the gross land area, are deemed to be satisfied by the 172.2 acre park and wildlife sanctuary, depicted on E>[hibit "E" general plan of development for Olde Cypress. 4,07 COMMON AREA ~'~iNTENANCE Common area maintenance, including maintenance of common facilitIes, o~en spaces, preservation areas, and the water- management facilities shall be the responsibility of ,~ Proper~y Owners' Association. TABLE I OLDE CYPRESS L;O/D USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 ACREAGE RESIDENTIAL 133.0 COMMERCIAL (165,000 sq. ft. ) * 12.5 GOLF AA'D COUNTRY CLUB, LAKES AND OPEN SPACE 15'7.8 WETLAND PRESERVE, PARK AND WILDLIFE S?uNCTUARY 176 .2 Un i t s Ac re s Acres A¢:K,2s Acres SECTION IV PAGE 2 *See also Section 8.'3 of this Ordinance. SECTION IV PAGE 3 SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E", "Development Plan", as Golf Course. 5.02 PEPXiTTED USES AND STRUCTURES No building er structure, or part thereof, may b.-: er,-r:t_<,d, altered ,-,- used or land or water used in whole cr in 1)urt ,' other than the fo].lcwN%g: A. Permitted Principal Uses and Structures I. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities 4. Guest Suites Permitted Accessory Uses and Structures I. Pro-shop, practice driving range, and others' customary accessory uses of golf courses or other recreational facilities. 2. Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other ~ ;~ p_rm~ted recreational facilities. 3. Shuffleboard courts, swimming pocls, types of facilities ~ntended for recreation. and other 4. Tennis and other racquet sports courts. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. SECTION V PAGE 1 C. General Requirements 1. Overall site design shall be harmofiious" in terms of landscaping. , enclosure of structures, location of a¢c~.' ,~,~ streets and parking areas and location and treatment of buf£er areas. 2. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and twenty five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and m ' ' ' ,,aln~al~ed to act as a buffer ZOne. 2. Lighting [ac.ilities shall be arran!ed in a ln;~:]o~ which will protect roadways an~ neighboring oroperty from dkrect' glare or ~ ' err ' o= .... lnt erence. a. .,,a,.., mum Hei.qht Fifty (50) feet above the finished grade the lot. Off-.~('~r~ .... = Parking The off-street parking will be as require,:i by the Collier County Land Development c. Off.-Street Parking Landscaping Landscaping shall be provided as requirer] by the Collier County Land Development Code. d. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance wittl Section IX hereof. 4. Guest Suites a o The density of Guest Suites will be provided roi' out of the total number of dwelling unitn r3ermitted in the Olde Cypress PUD which ]s eleven hundred (1100) units. SECTION V PAGE 2 The minimum unit size shall be seven-hundred fifty (750) square feet. The Guest Suites may be attached to or detached from the Club House and are available for only residents or their guests. The maximum height shall be thirty-f~vo 35) feet if detached from the Club House, and fifty (50) feet if contained within the Club Hous?. SECTION V PAGE 3 SECTION VI NATURE PRESERVE A/4q) WILDLIFE SANCTUARY 6.01 PURPOSE ~h_~ purpose of ~=h~s~ section is to set forth the :'unction:;,' treatment and use of the Preservation Area designatc~d Exhibit 6.02 The primary function shall be the preservation attractive resource community, wildlife habitat and sanc:.ua~7, r_~en~o., of water du_1,,~ rainy seasons and a ground ,-4. - as well as a water quality improvement facility. The area will also provide unique recreational opportunit'ies and art ae~:t experience for the pleasure of project residents. 6.03 TREAT:.:ENT USE The treatment of these areas shall be the preservation pro~eczior: of flora and fauna with the exception of jogging zra:is, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another objective will be prohibit vehicles and construction equipment, unless specifica]iy approved ty the Development Services Director for maintenancr,, limited access or other required or permitted activity. of obnoxious exotics, ie. Melaleuca, Scninus, and other's accordance with environmental permits and Division 3.9 of th~: Land Development Code will be required. A maintained water management system that meets requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water r~:noff will be directed through grassed areas and swales into numerous lakes ~o provide retention and bio-physical scrubbing pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may revzsed and/or updated for further details.] Sm,~ON VI PAGE i The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County engineer, Development Services Director, other appropriate County departments, and c<her governmental Permittinc agencies. ' 6.04 PE~4ITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered cr used, or land or water used, in whole or in part, for o~h_r than ~h= following: A.. Permlzzed Principal Uses and S~,u'~' ~'u~r,~' .... i. Limited access roads. 2 N ' '~= ra · ~ a~,]~_ t ils and pedestrian and aot £ car: boardwa i ks. 3. Paths and bridges to provide access frem through the area. 5. Other facilities for recreation, con' .... '~.'"za~ion~ ann preservation "~'~ ..... ~ ~ . , ...... a.~o;_~ bp' ~he Development Services i3~..(.te. 6.05 REGULAi!ONS A. General i. All development including clearing, grading and/or other earth work shall be in accordance w~,h~' the commitments'- - in Section IX cf this document and approved by the Development Services n.-~-~ 2. Ail strucnures or o%her development shall be subjec~ zc ~ ; ~ _ece=et o~ necessary permits and authorizations from ~c~,, y, S~a[e a~d Federal Governmensal agencies. SECTION Vi PAGE 2 SECTION VIii RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose cf this Section is to identify permitted uses and development standards for areas within Olde Cypress designated on Exhibit "E", PUD Master Plan, as R. 7.02 FJ:XIMbq~: DWELLING UNITS z maximum number of 1,100 residential constructed cn lands designated R. 7.02 GENERAL DESCRiPTiON Areas designated as R on the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compat~bie non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the RiD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be proviied at the time cf Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are des'igned tc accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 7.04 PERMITTED USES ~{D STRUCTURES No building or s .... ~, or rt ~uc~u.~ pa thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: ...... ~_tec .~ nciDal Uses & Structures: i. Single family detached dwellings 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit tlrpes with marketing descriptions of single family attached, duplex, patio, cjuster attached, cjuster detac~,_~, '.,~l!a attached or detached, '=ownhouses and zero lot lines are permitted. 2. Water management facilities. SECTION VII PAGE 1 4. facilities. Parks, open spaces and other recreational outdoor 5. Multi-Family Dwellings including Garden Apartments. 6. Any other principal use which is comparable nature with the foregoing uses and which the DevelopmeJt Services Director determines to be compatible in the "R" District. E. Accessory Uses and Structures: ~. Accessory uses and structures cust©mar[]v as ~ed with principal uses permitted in this district. 2. Model homes and model dwelling uni's with promotion of the development for a period not tc exceed years from the initial use as a model. ~ TemDorary sales facil''' -' . :~mes for the initial sales of units for a soecific project as permitted by the ~ ~ ~ ,~o~ier r'~unt~., Land Deveiopmen,: Code in effect at the t~e ~uilJin9 permits are requested. 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5 Signs as oermitted by =h_ Collier County Land Development Code in effect at the time a bull. dine permit ' requested. ~ _ ~:3 6. Any other accessory use which is comparable ir: nature with the foregoing uses and which the D~-velopment Services Director determines to be compatible in the "R" District. 7 . 05 DEVELOPMENT STA~NDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwis0: indicated, required yards, heights, and floor area standards apply to principal structures. C. Development standards for uses not specifically set forth in Table Ii shall be established during Site Development Plan Approval as set forth in Article 3, Division ~.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. D. In the case of residential structures with a common architectural theme, required property development regulations may SECTION VII PAGE 2 be waived or reduced provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of t:he Collier County Land Development Code. Common open W~nce requirements are deemed satisfied pursuant to the PUD. E. No attached single family homes may be l!:~aLe/] beLwe,~ two detached sinc]e family homes if they are a ~art of the same platted block. '~ ' F. Single Family zero lot line dwellings are [denti£ied separately from single family detached dwelling with s~ce yarc requirements to distinguish these t~,o~s ~ of ap~iying ~eve~opment standards under Table t:. Z.'~:q~ dwel!ings shall be defined as any type of deta{he,] or aLtache~ single family structure employing a zero or redu~ed set forth hor,~in and which con~c.m to rec~ui:',~n,,:~: :. Counuy Land Deveicpment Code Article 2, Divls~cn 2.~., 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. G. Principal use structures which are identified t~erein shall have a m~ .... of two parking spaces per dwell3~ng unit, Director ~ay :~ermit a 1/2 space per ' -; ~ c~.~.,,,,st~ .... s indicate infrequent use. However, those spaces shall ~.- left in natural vecetaticn and ...... paving if ~:eemed to be necessary by the Developm~,nt Director. ' Landscaping shall be provided as requi:'e<j bv of the Collier County Land Development Code in effect a buildinu ..... ~ is requested. i. A landscaped buffer shall be provided along any t:ract bo.u. ndary adjacent to OLDE CYPRESS project boundary including ac~]acent to ~he roadway along the east and west project boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a preservation area exists whe~ ~h_ golf ~ours~ ' ~ ....... exists. The design of the buffer shall meet the standards of Section 2 4 7 of the Co!l]er Land -'=",~ ~ '- u_,_~_.~., ..... n,. Code in effect at the tir, e building permits requested. The buffer shall incorporate existing natural vegetation. J. ~ =f~r~ -c housing types on ~h ~ same tract must compatible, unless the following standards are adhered to: . i. The differing housing tymes are physically s~pa.at-_a into discrete areas, such as separation by common amenities or wa=_. management areas, or Landscaping cr berms/walls a~e prov.ded n,~.~ting standards of Division 2.4 of the Collier C.>untz Land D~'~ -v~.lo~m_n~ Code. SECTION Vii PAGE 3 'I':\III,E II I)i.;VI.H.()I'.~,IENT S'i'A,N I),~III)S FOIl IlESII)ENTIAI, ARI.;AS ~ USES AND FAMILY }'STANDARDS ~ DETACtlE~/l~ Minimum I.ot ,,Xrcas 6.000 S.F. 5.000 S.F.-' Minimum \Vidthe~ ; l:~ilt Yard Nctback t"Side'~hrdm' , Setback ~"~(~k Yard J Setback Principal Rear Yard ACCCSSO~J ~ '-M~xi'~mm Bui l lci~ht [Sistancc Bct~ cch Structures Floor A rca N (SD N.A. "7 2oo "~""!'120o , ,:_ 12o0 'SINGLE ' FAMILY ATTACl IF.D AND TowNi lOUSE - 3.Olll} S.F. per {.Itl. ~lor,5 IHI' 21) 35 IO ] (fiji) Bl l: Buildit).k~ l lcigh3 NIUI,'I'I- FAMII,Y I)WEI.I,IN(} I ,\(' 150 Ir ~r 5 I~1 ,15c~ .5 I~,11 75o I:,ach hail' of a duplex unit requires a Jot area allocation of thirty-live hundred (3.5011) 5tI uarc l~'cl l}~r a total minimum of Seven thousand ( 7.f)I)Oi square I~'cl. Nlinimum lot width IllilV be reduced by txvcntv 120~ pcrccm fi,r cul-dc-S:lC h~t, t~r lots located on curxilincar streets provided thc minilnum lot area iN slill maintn ined. .,\cccssorx uses SUCh ;,ts; pool cnclo.s~res may bc attached to principal uses, \Vhcrc thc zero (0) lbot 3ard option is utilizcd,,dlc or, positc side of the slructurc shall have a ten [IO) lbot side 5ard, Zero (11} flint yards may be used on either side of a structure pn~x idcd thai tile opposite ten ~ I01 I}ml Mdc yard is provided Si:lgly lhmih' d~ctlings which proxidc for tx~'o t2) parking spaces within enclosed side-entry garage and provide for guest parking other Il:an private SECTION VII'"' PAGE:"4 driveways may reduce from rcqu~rcments lo tcn (10) I~ct Ibr thc ganlgC ;md twenty (~0) feet for the rcmaining~(~stm'cture]'.'' ~- Building height shall be thc vc~ical distance [kom thc lirst finished floor to thc hi~hcst point of thc roof surface of a fiat or Bermuda root] to thc deck linc or a Mansard roof and to thc mcan he~gl%:level between the caves and thc ridge ol cable, h~p and gambrel roofs~A~sso~ ~fldmgs shall be hm~tcd Io twenty (20) Four habitable floors above ~arkin'a~'~:, A m~ximum of seven habitable floors above parki~g may bc approved lo enhance view corridors m~d to permit intcri)~cc wilh preserve areas so long as not~ind6~patible with adjoining propcrlics upon approval of thc Development Services Director through a conccpttml or Final Kite l)cvclopmcnt Plan. Buildings adjacent to thc project botmdary property li~c on thc west shall be limited to three habitable floors above parking. A fifty (50) foot front nnd rear.~ard.,,setback,.shah be provided along thc north- south road that"~ns alon~' the'i:;%~i~slcrnTedgc of the property, however, lracl thirteen (13) located soulh of the Club House may maintain a Ixvcnlv-five {25) ~bot setback. .~ SECT ION4~ '. SECTION., VI I I ~,~.5{ .'.~ · COMITY SHOPPING ~ BUSI~SS OFFICE CE~ER 8.01 PURPOSE ,The purpose of th{~ '~et> forth the plan and ~egulations for the areas ~d Exhibit "E" Development ,-,.Plan as Community Shopping~and Business Office Center ("C") 8.02 P~RM~T~D ~o ~uilding or st~C~u~e'~6~?~'~r~{~hereof, ma be erected, !altered or used, or land ori~water,used?~in whole or in part for other than the following: .... '~¢~ ' A. Permitted Uses 1. Ail commercial ~es permitted by right tn the Commercial intermediate ?.,District of the Section 2.2.14 of the Land?Devel0pment Code in effect as of the date this~[PUD~is%appr~ged~, including a personal self storage dent~'~.!~oub~.:~:{4,225), 2. Any other commercial use or professional service which is comparable' in nature with the foregoing uses and which the'Development Services Director finds compatibie within the district. B. Permitted Accessory Uses '~nd Structures ~!~.~ i. Accessory. uses ~'.~'] structures customarily associated with the uses. permitted district.. 2. Temporary sale~ facilities may be at the Director's discretlon.~!~. 8~03 MINIM~ YARD REQUIREMENTS ~' Buildings shall be set back a mznimum of 35 feet from all roadways and tract boundaries. BUILDING SEPARATION' '~ '~ Ail buildings shall be separated 20"feet or one-half the sum of their heights whichever is greater except that in the case of cjustered buildings with a common architectural theme. These distances may be less provided that a site development plan is approved by the Development Services Director. 8.05 M!NIML~ FLOOR AREA OF PRINCIPAL STRUCTURES thousand square f~ on the ~round floor that free standing specialty ~structures of nationally recognized standard size less than one ~thousand square feet shall ~be'? permitted when , site ~ approval has been received. 8.06 MAXI~uqM HEIGHT :',i~. 50 feet above finished 8 i 07 MiNiML?4 OFF-STREET STREET LOADING REQUIREMENTS As recurred by the Land Development Code of Collier County. iJ!''', "~ 8.08 MINiMbT< LANDSCAPING REQUIREMENTs As required by Section 2.4 of 'the Land Development Code of ' ... Collier County. -, '.? f ~ .~.~ ,,.- ,. Signs as permitted ~,the Collier County Land pment Code in ef ~:' is requested. 8.10 SITE DEVELOPMENT PLANS ~''~[; ' ~J; As required 'of, the~Land Development Code of Collier County. ~ ,' 7,, ' - 8.11 DEVELOPMENT INTENSITY ~.~.~,;";~, '"~' The commercial compon ect is limited to a maximum of i2.5~ acres or'one~nu~ sixty-five thousand 165,000) S. F of floor area'['?~[-[. (see ,.~1 ection 8.13 of this 8.12 ARCHIrECTU~L ~;P SITE DESIGN.~:.;ST~ARDS All develo~men~ wiCh~n ~he ~mmerd~al area of 01de C/press as depicted on ~he PUD ~as~er Ptan shal~ be unified for each ~ra¢~ ~nc~ud~n~ bu~ld~n~ des~ns, landscaping, and si~na~e and shall mee~ ~he requirements of Division 2.8 o~ ~he Eand Development Code. retail area. .13 ST;~NDARDS FOR PERSONAL SELF STORAGE CENTERS For each acre or fraction thereof.'that is developed with personal storage facilities.in~,lieu of retail uses, .a proportional amount of retail.areaishall be forfeited. For example, if six (6)' acres Of personal storage facilities are developed in lieu of retail'uses, '~eVenty nine thousand two hundred (79,200) S.F. of.retail uses will be deducted from the maximum square for. the commercial E Personal self storage facilities may operate from 7:00a.m. and 8:00p.m. Individual businesses~wit he personal self storage center are prohibited. Open space within the self st0rage..center shall be thirty (30) percent minimum. '~'~L The location of the personal storage,~facility shall be limited to the west side of the entrance into the commercial tract and shall be located to the rear of commercial uses fronting along Immokalee Road, and south of the Preserve area located on the Olde Cypress PUD Master Plan. This location will serve to minimize any impacts on adjacent properties. GENERAL DEVELOPMENT COMMITMENTS ..9.01 PURPOSE The purpose of development of the project2 ~'9.02 PUD MASTER DEVELOPMENT PLAN th the standards for A. The PUD Master Plan and the Development Plan iljustrate a. preliminary development plan. B. ~.~ design, criteria and lay-out iijustra~ed ir: t~e Master Plan and Development Plan shall be understood as flexible so that the final design may~. comply with all applicable 'requirements~... and best utilize the exiSting'natural resources. C. All necessary easements, dedications or other instruments shall be executed or'granted to insure the continued operation and maintenance of all service/utilities. ~'i. D. Minor design changes which are in the spirit of this ocument are permitted subject-'to staff review and approval. staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master compatibility with maintenance of the ion areas. E. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2,7.3.5 of the Collier County LDC in effect at the time such amendments may be requested. F. Overall site design shall be~harmonious in terms of landscaping and enclosure of structures, location of all i~nproved facilities and location and treatment of buffer areas, G. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown, on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads necessary to construct and build certain facilities on the project. !~ H. Water management faciliti'~S~an~akes shall be only the ~-,size and depth required to meet the needs of the developer for ~'~'fill on the property or as required for water management and water quality purposes. The developer shall use the material excavated SECTION IX PAGE ~>3-from these lakes as fill'~ ~eneral site grading may be excavated to the for road, building than two (2) acres 1 excavation depths set forth in Land Development Code Section 3.5.7.3.1. I. The Olde Cypress PUD~hali ~be subject to Section ~217.3.4 of the LDC, Time Limits~fi PUD Master Plans and orion 2.7.3.6,~ ~hereof Monigofi ~ii[[9~03 CLEARING, GRADING, EARTH WORK> SITE DRAINAGE clearing, grading,' /~ite drainage shall be in accordance wit ?state and local codes. Environmentally sensitive~areaS~ plant species will carefully marked and protected~'~during~constructicn using ti~e ~best available management techniques so~as not to harm any ~uch areas or plants. A. Wauer and Sewer ..-~ ~ ~-~ 1. Water ~wage 'collection and transmission systems will~ be?c0~st: hour the project .development by the developer pursuant~.tb'all current requirements of Collier County and the State>/of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not ~.~required by the County to be located within utility easements ~'"i<shall. be owned, operated and maintained by the Developer, his assigns or successors. Upon .of construction of the water and sewer facilities~within ~ct; the facilities will tested to insure!~.!i~he county's minimum requirements at which time'the, ~ed or transferred to the County, when required by Division, pursuant to County Ordinances..and'i'<Regulations in effect at the time 'conveyance or transfer is~re~es~'~d, 'prior to being placed service. 2. Ail construction plans and technical and proposed plats, if applicable, for the proposed distribution and sewage '. collection and transmission ~facilities must be reviewed and approved b~ the Utilities Division ]?iprior to commencement of construction. ~ - 3. All customers connecting~to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's the County Util ities water to meet: the consumptive demand and/or rece treat the sewage generated by this project. ~, '- ~ 5. An Agreement/i~' I~~l: ·~%be'~i'. entered into between the ii{County and the Der. eloper,' binding'on the Developer, his assigns successors, legally acceptable to the County, p, ri©r to the approval of construction documents for the proposed proj~.t- state a) Connection to the County' s o£f -site wateF and/or sewer faciii~ies will be made by the owners, the a~s~gns successors at no cost to the CoUnty. The cost of connection , but not be limited ~~ to, all engineering design and preparation of consuruction ddch~en~'~, Permitting, modification or i refitting of sewage pu facilitlies, interconnect ion with 'County off-site faciliti and/or sewer lines necessary make the connection(s], etc. ' ~'- b) The followingS'water' and/or sewer facilities ?shall be conveyed to the~ Co~nt~~ i~rs~ant to ap~rcpr~ate~ County Ordinances and Regulations in effect at the time: i) All water and/or sewer facilities constructed in publicly o ned.'..rlgnts-of-way or within utility ~ ~ . easements required ~i' those adJitional fa the project limits and toi"make connection with the County's off-site water and/or' ~'Wer~facilities; or 2) Main sewage lift station and force main interconnecting with the County~sewer..~facilities including all utility easements necessary; c) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. d) .n_ Developer, his assigns or successors agree to pay all system development charges at the time that i!' Building Permits are requir( to appropriate County Ordinances and Regulations' ect>%at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which buildin] permits will be required )rior to the start cf building construction. [~'~ ! B. The project's .... gna or successors shall negotiate in goo. .County for the use of :t~eated sewage efflUen~~ limits, for irrigation purposes. The Owner,~;culd~'~be ~' ,for providing all on- site piping and pumping faci] - f~om the County's point of delivery to the project and neg0tiate,~with the County to provide full or partial on-site storage~' f~cil'[ties, as required by the DEP, consistent with the ,'.~volume~:~ o~ ~itreated wastewater to be .lized OLDE CYPRESS has-first ~right~"i. to effluent generated t~y project. c. Construction and. ownership of the water and sewer ies shall ke in complian.cgill wi~h', all Utilities Division tandard~s, Pollcmes, .Ordinances; ~etc~i}~.ln. effect at the time construction aporoval is recue~i~'d~',~[ ~-~i' 'i '. D. A detailed hydrAUlic design report covering the water distribution system to serve~ project must be submitted with ~ '~" ~i the constructio~ documents,for, 'project. The report shall list all design assumptions, '-~ demand rates, arid other factors pertinent to the sTstem under ronsideraticn. 9.05 SOLID WASTE DISPOSAL .~'~ Necessary arrangements~'and~i~agreements shall be made with an approved solid waste disposal~ service t~ provide for solid waste collection servlce to all areaS".of~the Dro4ect. 9.06 RmCR=ATIONAL F~CILITIES.~ ~.~. ~?~I~ ~ ' ~ -~' ~ The nature trails, bike~'~Paths, and~other recreational areas ~'and facilities and access thereto shall be maintained by a home o~ers association. In addition, -~any future recreational facilities, as may be needed]"~by ~ the future residents of this project, shall be funded through a~system' of revenues collected by the home owners association. Every residential unit owner o~ the pment shall become~a member':Of the ~home owners association. 9 · 07 TP3~FFiC IMPROVEMENTSj~ ~]~ ~ '~ a. The proposed primary/~'road within the project shall be -~Classified and built to County Subdivision requirements for a ml~or coliector. -. b. The PUD document, section 9.02~G, states that the roads private. The road throu~hlthe commercial area may possibly designated public providing all ~esign requirements and .ipulat~ons of the Eng~neer~ng. iDepartment are compiled w~th :ime of design and construction.. c. The project'~shall' '.b~ ,ded with three (3) access to Immokalee Road'..%.~ d. All access roads shall~.~be limited to the access 50ints shown on the master proposed commercial areas shall not have direct access ~o Road. All drives shall be connected to the access roads built by this project. '- e. All traffic control, devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316. 0747, Florid~ Statutes). f. if the four laning of'yImmokalee Road has not been started, the developer', shall provide an eastbound left turn storage lane and a westbound decelerauion lane at each project entrance before any certificates are issued g. The developer,shall Provide.~ fair share contribution toward the capital cost of a traffic signal at any project ~entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. ..... ~' h. ~e developer shall provide arterial level street lighting at each project, entrance.'~~ The-'operating and maintenance costs of these units shall be assumed Collier County. i. The north-south loc~ side of the ject shall be platted as~..'h~:~publicf~lght-of-way and shall be constrained to a two lane?'~ (sixty, foot (60') right of way) configuration over the north half of the project. 9.08 STREETS .O.T.F.H.W.A. st'reet pavement The streets within the project may be privately owned and ' ' maintained. The access streets which cross environmentally ~ sensitive (permit required) areas will be minimized in width to ~..?~ '~" reduce impacns on the environment upon approval of the County E~ 'lneer and the Development. Services ~Department. Typical are attached as Exhibit ~.,,G..-' /v 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section; 3.2.8.3.19: Street name shall be approved by the County Engineer but need not meet Manual on Uniform Traffic Control Devices. painting, striping, and reflective edging SECTION shall be walw B. Land Development ~Code and 3.2.8.4.16: specified pri~ate roads that a sidewalk or and the "primal "f6r a minor cell, C. Land Development Code, Section 3.2.8.4.16: The 1,000 feet maximum dead-end street is waived. D. Land Develot Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum cf 30 feet for local roads only. ~ -~.~'>~ ~ 3 2.8.3.17, 3.2.8.3.18, and cross-section for on ~Exhibit "G"; provided sides of four lane sion requirements n~.,.:? E. Land Developmenbi,~,~i Section 3.2.8.4.16: The re( for'100~feet..tangenl !<between reverse curves will be waived if~ ac upon~by, the County Engineer and the Development Services Department. F. Land Development Code, Sections 3.2.8.3.24 and ~?!'3.2.8.4.20: The requirement for blank ~utility casings shall be .... ~'waived excep5 at entrances, subject~ to~.instal!ation of utilities prior to street construction. G. Land Development Code,'iSections 3.2.8.3.11, 3.2.8.4.10, · ~' and 3.2.8.4.23: The requiremenT~,.i~.tha~.!.' PRM' s be installed in water valve cover is waived'?;!!~; H. Right-of-Way requirements shall be determined in ;',accordance with the general requirements of Division 3.2 Subdivisions, however, road -ri~ht-of-way i, widths less than the recuirements may be..4~approved ·"~based on appropriate ~technical justification that', insures 4~that the public health, safety, and welfare will be maintained ~t the time of Application for.-.Subdivision Master Plan. .'-i'i~i~ ~,~,' ~: .10 POLLING PLACES .. Polling Places shall be provided in accordance with Collier County Land Development Code, and as may be amended in the future. ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County's Groundwater Protection Ordinance. Prior to commencement the~protected wetlands,and.! to prevent encroachment South Florida Water geme~ ~.~approval of the South'~iFl¢ gement District (SFWMD) ~i~and Collier County Development taff. The staking and ropin9 shall remain in place:~until all adpacent construction activities are complete, C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas 'in conservation easements as- well as ~on the plat with protectiw enants pe~.~or s~milar to Section .06 of the Florida Statu :rovided~that'said covenants shall ~not~ conflict with South FloridaL'Water/Management District Permit No. 11-0t232S. u_~__op..~_nt Shall be pursuant to the existing South "i.i. Florida Water Management District Permit No. 11-01232S, and U.S. Army Corps of Engineers Permiti.'No%-.~1989909601PMN. An}, amendments to these Permits shall be subject to review and approval by '~Current Planning Environmental Review Staff. ..... E. Buffer zones ad~ areas shall be '~?~i~rsuant to South Florida Wa District Permit No. 11- 01232S. F. An exotic vegeta , monitoring, and '~ maintenance (exotic-free) plant,fOr .site, with emphasis on the conservation/preservation areas, i?shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. ,11%01232S. .~ G. Reolacement and mitigation plantings shall be randomly .spaced and/or clumped at the densities quoted in OLDE CYPRESS Onsite Wetland Mitigation and Monitoring Plan (SFW:~D Phase I Consnruction), to emulate a more natural environment. ~12 WATER MD~AGEMENT STIPULATIONS ion, the perimeter of be staked and roped "areas identified in the Permit, subject to the A. Detailed site drainage plans shall be submitted to the County Engzneer for review. No construction permits shall be issued unless and until approval of the proposed construc=ion in {'accordance with the submitted plans is Granted by the Water Management Advisory Board and County Engineer. SECTION IX ii:PAGE :7 subject to compliance-wil Construction of all~ water management facilities shall provisions of the Collier County Land Dgvelopm C. An Excavation ,in accordance ~required for the proposed Development Code. D. Storage in aboveground and underground tanks shall 'c0nform.,~'~ to the minimum requirements ,provided in F.A.C. 17-61, For ~the purpose of this stipulation, s materials are defined as those materials addressed i~ EPA's Toxic and Controlled Substance list. A Spill Prevention Control and , Countermeasure,~.~Plan for,. all above storage and round ~anks ,'i:shall be©~pproved by the Water Management · '.'Director and Development Services Director, considering recommendations from the EnVironmental Science and Pollution Department D~rector, ~,~. E. Construction activit~fj?6n ~' this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements~~shall~ be limited to t?~e canal <reach along Section 21, Township 48 South, Range 26 East" and two (2) designated far,] crossings in Section 20 unless previously )mpieted by other parties. F~ When re, developer agrees to _= his' fa tributary area/run-off ¥olume basis to implement th( improvements to serve the remainder of the Cocohatchee Canal watershed. 9.13 FIRE STATION ' '"' "' Prior to issuance of an}' building permits, a f~re station -~serving this project must be operating within five (5) miles of ~he projecu. ~LOGICAL RESOURCES' The developer shall be subject to<Section 2.2.25.8.1 of the ~LDC pertaining to archeological resources in the even~ such resources are located on the subject property. 1999 · ; W:~,1996\19961)81) RLD l'l'D2.doz SECTION, IX~ ~.PAGE ~/8 1.2~ 1 ::::::::::::::::::::::: ti.:.:.:'.:.:.:.:.:.:....." Section 21, Township 48 Soulh, Range26-East, Collier County, Florida, less thc ~South 100 t~et thereoE being a Collier County canal right-otLway, also exceptin~ the following described parcels located in s~id Section 21. E % oI'SW % ot'NW %. ~nd the W '/2 oFSE % of NW %, and the W ~ oFSE % of SE %. and thc ~V ~ of W ~ofSW % of SE %, and the SEI E % of W V= ofSXV 'A oFSW and the E 'A ofSW ~A oFSW,%, ~11 of the t~regoing subject'to a~ lications, reservations, restrictions or ensements ofreco~ I.:;~', *:' Propert.v contains: 500. I I acres + :50', 60' 0.0:2 ~ SLSPE 4' U:.~. WALK uu~oc:x BX..~ (PPJUE9) 12' S'T, ~A23,.~ SUB ~?_. ( ~L..e.R ~0) 60' R.O.W. SECTION .~ ~.. 100' R.O.W. 12' U~N 24' I 100' R.O.W. SECTION ' · N.T.S. MOI'CrE3 & A33OCIATE3 ODLANDS EXHIBIT G STATE OF FLORIDA) COb-NTY OF COLLIER) '~ I, DWIGHT E. BROCK, Clerk of .courts in and for the Twentieth ial Circuit, Collier ~County, Florida, do hereby certify that the f?regoin9 is a true copy of:.~ ~i ~i'iJl,.i.i~ ORDINkNCE NO. 99-27 :~ Which was adopted by the Board of County Commissioners on the 27th day of April, 1999, durin9 Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County~ Florida, this 29th day of April, 1999. DWIGHT E. BROCK Clerk of Courts Ex-officio to Boa~ County Commissiol ~offman Deputy Clerk COLLIER COUNTY FLOR REQ~ FOR LEGAL ADVERTISING OF To: ~e~ to the ~ard: Please place ~e followln~ Div: CommD~vServ./Planning Petition No. tlfnone, g~ve brief dc~npt~on): R-99.1 ' Pclitiong: (Name & Address): Geoffrey G. ~, l~r~ A~iatcs, he., 4450 ~ni~ B~ch Rd. Umt 9. Bomm Springs, FI. 34134 Requesl~ J[ennng &lie: L[~tll i : Ba~d on'adv~i~t a~ng 15 ~ ~rore hearing Io ~ u~l: {Complete only if ira Naples l)ml~ Ne~ s (Abet ~ I.egally Reqmred Pro~d Texl: (Include legal de~riptmn Hn'r~r Club. reqnestin~ n rezone t?om.,C~7 to,R~.l 2/81" Dr pm~dv 1~I~ on .U.S 41 Easl al the northwest comtx of Podmf-the-l~land- ~ acres= Fee include advemsmg cost? ~Yes ~ No lrYes, ~t,hnt ac~t should ~ chnrg~ for ndve~ismg costs Dale Courtly Manager I)ate Attoch~ - DIST~IBUTIO~ IVSTRUCTIONS For hcarlngl before BCC or B~: InJliallng pcnon lo complete one coy and obtain Division Head npproval befi~re submitting to :er. Note: If legal document h invoh'ed, be ~ure lhat uny nece,~a~ I~al review, or request for ~nme. h ~ubmlUed ~o rney before ~ubmi~ting Io County Manager. The Man~Rer'~ office ~ill di~tdbule copie~: [] County .Manager agenda file: Clerk's Office [] Requesting l)ivlslon []Original Dt.J~er hearings: lnmam~g Div~smn head to approve and submit original to Clerk's Office. retaining a copy Ibr file -FOR CLERK'S OFFICE USE ONLY: / / / / Date Received: ~ Date o£Publi¢ he~rin 12~te Adverlised: FA~ :, PAM PERRELL .(:z2~22~ ,rn-T'.~ cc7~) IX~C~I~0N: COr,T,T~R C~ COURTHOUS~ 774-8408 (941) 774-840~ March 23, 1999 Pam Perrell Naples Daily News i~"1075 Central Avenue ~les, Florida 34102 Re: R-99-1 Requesting a rezoneY' C-4' to RMF-12 (8) for property lOcated on U.S. 41 East at the~Northwest corner of · Port -of-the-Islands Dear Para: ~'"-~' ~.~',.'~.i ~ Please advertise the above referenced~?notice one time on Sunday, April 11, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. you. "2,~ '?~" Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 27,1999 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 o£ the ~proposed Ordinance is as follows: AN ORDINANCE ~ENDING ORDINANCE NU~BER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~ENDING THE OFFICIAL ZONING ATLAS ~P NUMBER 2809N BY CH~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON U.S. 41 EAST AT THE NORTHWEST CORNER OF PORT-OF-THE-ISLANDS PHASE ONE (SUNSET CAY) IN SECTION 09, TO~SHIP 52 SOUTH, RANGE 28 EAST, COLLIER COMITY, FLORIDA, FROM "C-4", GENERAL COMMERCIAL TO RMF-12 FOR RESIDENTIAL MULTI-FAMILY; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPLUATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. R-99-01, Geoffrey G. Purse of Purse Associaces, Inc., representing Sunset Harbor Club, requesting a rezone from "C-4" to "RMF-12(8)" for property located on U.S. 41 East at the northwest corner of Por~-of-the~Islands Phase One (Sunset Cay) in Section 9, Township 52 South, Range 28 East, Collier County, Florida, consiscing of 6.85± acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a ~erson for a group or organization may be allotted 10 minutes to )eak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanen5 par5 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 ensure that a verbatim record of the proceedings is made, which .... record includes the testimony and evidence upon which the appeal is ~BOARD OF COUNTY COMMISSIONERS ,IER COUNTY, FLORIDA PAMELA S. MAC' KIE, CHAIRWOMAN F E. BROCK, CLERK /s/Lisa Steele, Deputy Clerk (SEAL) 2 2 March 23, 1999 Purse Associates, Inc. 4450 Bonita Beach Rd. Unit 9 Bonita Springs, FL 34134 Public Hearing to Consider Petition R-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999 as indicated on the enclosed notice. The legal. notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure Harch 23, ~999 Sunset Harbor Club 4500 Executive Drive Naples, FL 34119 Public Hearing to Consider Petition R-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ORDINANCE NO. ,99. AN ()RI)!N..XN¢'Ii AMENDING ()RDINANCE NU.',IlIER 01-102. llHi ( ()[.[.IER col 'N'IY I.ANI) DEVELOPMENT COI)f~ WtllCII !-ST;XlII.ISItED I lie COMPREI IENSIVE ZONING REGULATIONS FOR IHE IjNINCORPORATED AREA OF COLLIER COI/NTY. [:IX)RIDA. BY AMI!NDING TIlE ¢}FFICI:\L ZONING ATI.AS MAP NI'Mllt:F, 2~OON BY {'}IANGING TIlE ZONING CI.ASSIFICATION }tEREIN DESCRIBED PROPERTY I.OCATED ON ILS. -11 F..\ST .\T I tiE NORTH\VEST CORNER OF PORT-OF-TItE-ISI.ANDS PIIASE ONE ISUNSET CAY} IN SECTION 09. IO\~,,~SIIIP 52 SOUTH. RANGE 2,'4 EAST. COI.I.IER COL.~TY, FLORIDA, FROM C.4. GENERAl. ¢7OMMERC[..\I. TO RMF-12 FOR RESIDENTIAL ML'LTI-FAMII.Y: PROVIDING FOR STAFF AND PI.ANNIN(; ('OMMISSI{)N S'I [PL'I.ATIONS: AND IIY PROV[I)ING AN EFFECTIVE I)A IT. \\'Ill(RE:kS. (;¢olfrev {;. Purse of Purse Assocmtes. Inc.. represctmng S,nset Ilarb,,r ~ 'luh. pctmoncd the Board of County ('mmmss:oners to chan~e the zoning classification of the hereto descubed teal property: NOW. TIIEREFORE BE IT ORDAINED BY ~IE BOARD OF COUNIY (T)MMISSIONERS OI. (¥)I LIER COUNTY. FI.ORIDA: SE(TI ION ONE: '[~e zoning class~ficatmn of the real property as more pamcularly described hv Exlubit "A". attached hereto anti mcmporated bv refbrence hereto, ami located in Section 9. [ownsh~p 52 South. Range 2~ Easl. Collier County. FlorMa. ~s changed from "C-4" to "RMF-12{8)" and the Officml Zoning Arias Map Number 2809N. as described m Ordinance 91-102. the Colher County Land Development Code ~s hereby amended accordingly. 'I~e herein described real property m the same lbr ~vh:ch the rezone ~u hereby approved SECTION l'WO: llus ()rd~nance shall become cffecm.'c upon lihng wtth the I)epanment of State. PASS EI) A NI) DUI.Y Al)OPTED hv the Board of County Commmsmncrs ol ('ollicr ('Otlllty, Florida. this ......... day of . 1999. BOARI) OF COUNTY COMMISSIONERS COI.LIER COUNTY, FI.ORIDA A'I~ESY: D\VIGItT E. BROCK. C[.ERK Pamela S, MacKle. ('hamvoman APPROVED ,\S TO Ft)RM AND I.I-:GAL SUI:FICIENCY Q"O"q~MAIUORIE M. S'I1JI)EN'I' ASSISTANT COUNTY A'VI'ORNEY FW 'BILL' F-~O'¢,'E. DF_.,'INIc5 M POPTELLA 2 PROPERTY DESCRIPTION A PARCEl, O~' :~'.J;D LCCATED '" THE WEST HALF OF THE SOUTHEAST QUARTEP TOWIISIii[' 1," ."~, ..... : :'zu,,~.."'"~' 28 ~'.%T, COLLIER COUNTY, FLCRiDA, PARTi ' '' ....... ='":~ C...'~:'.,: ,.,r...~: l::L~ AS FOLLOWS; COM24ENCiNG AT 7HE ;;5:-7",U,';EGT C)PJ;EF OF PORT-OF-THE-i'.;iJC;[;:;,PHA:;?; CUE, TO THE P~,.7 iHE~EOE PECOi~DED iN PiJ~T BOOK 13, PAGES I2Z AND 12.!'OF THE l'llbi,l RECORDS OF CCLLiEF .COUNTY, FLORIDA; TIiENCE NORTH 89~43'20'' WES'F, }:O;~ A i.,iS'i'AH~'E OF 0.70 FEET TO THE ~I~ OF BEGI~ING OF THE PARCEL HEREIN DESCPiffED; THENCE CONTIHUE UORTH 89~43'20'' WEST FOR A DIST~4CE OF 377.03 FEET TO A OH THE WEST i. iUE OF THE SOUTH~ST QUARTER OF SECTION 9, TOWNSHIP 52 SOUTH, 28 ~ST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00~i7"%~''' FJd~T, ALOHG THE WEST LINE OF THE SOUTHF~ST QUARTER OF SAID SECTION 9, FOP A DISTANCE OF 839.09 FEET TO A PCiNT; THENCE LF~ViNG THE WEST LINE OF SAID SECTION ~, PUH SOUTH 75"39'13 .... ~L',ZT ~OR A DISTANCE OF 388.51 FEET TO A POINT ON THE WEST I,[HE ~)F' A 60 FOOT ROADWAY FJ~S~MEHT RECORDED IN OFEIC~L RECORDS BOOK 1144, PAGE 1~95; THENCE ALOt;G THE WEST LiNE OF SAID 60 FOOT ROADWAY ~S~EN/, :;OUTH C;,~iC'.t','' WEST FOR A DISTANCE CF 744.48 FEET TO THE POINT OF BEGIN;;ING. CONTAINING 6.85 ACRES, MORE OR LESS SUBJECT TO F~'~SE.V. EI;TS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOW;; HEREON REFER TO THE WESTERLY BOUNDARY OF PORT-OF-THE-iSiSd;DS, PHASE ONE, AS RECORDED IN PLAT BOOK 13, PAGES 122 AND 123, COI,LIER COUNTY, FLORIDA, AS BEI~:G GOUT}{ 00016'40" WE:;'7 ~ . -. Date: D~.:ember 7, 19~, Dennis M. Pcrtciia, Sr. PLSf14504 , ' r ~ ~ .... ~" and ]e<J h Not valid un~ :ss .... ~ ....t sea wlt an e~bcssed seal. 99_0~ F. xl~i bi t "A" (Ii S~NSI:TI CAY PItASE 1 Z h4 NapLes Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIOtIERS ATTN: TOHTA PHILLIPS PO BOX 41)016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126~.91 57860518 91-102/R-99-01 tlOTIC State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves aa the Assistant Corporate Secretary of the ttaples 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 Haples Daily Ne~s is a newspaper published at Nap[es, in said Collier Ccx~nty, Florida, and that the said ne~spaper 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 says that she has neither paid nor practised any person, firm or coporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for I:.Jb[ication in the said newspaper. PUBLISHED ON: 04/11 AD SPACE: 141.OOO INCH FZLEO C~: o~/~2/~9 ............................................................................+ Signature of Affiant Sworn to and Subscribed before me this 1~ day of~__ 19~q 91.102/R.99.01 NOTICE OF INTEt~T TO CONSIDER ORDINANCE Notice Is hereby given that on TUESDAY, APRIL 27, 1999, In Boor~-oom, 3rd Floo~ I A~mlnistr~ Bull~lng, I Co~ller County Govern-I me~ Cent~', 3301 East Tomla,~l Trail No, Iasc F orlcto, the Board o! County Commissioners will consider the enact- ment cd o Cote'~y Ordi- nance. The meeting wll~ commence cd 9.t)O A.M. The tlfle of the O~dlnge~e Is os to~lowS: AN ORDINANCE AMENDING ORDI. NANCE NUMBER 91-102, TI-~ COLLIER COUNTY LAND VELOPMENT CODE WHICH ESTABLISHED THE COfAPREHEN- 51V~ ZONING REGU- LATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AN~NDING THE OFFICIAL ZONING AT- 2809N BY CHANGIUG THE ZONING CLASSI- FICATION OF THE HEREIN DESCRIBED PR OP~RTY LOCATED ON U.S. 41 EAST AT THE NORTHWEST CORNER OF PORT- OF-THE-ISLANDS PHASE ONE (SUNSET CAY) IN SECTION 09, TOWNSHIP 52 SOUTH. RANGE 21~ EAST, COL- LIF_.R COUNTY FLORI- DA, FROA6 ' "C.a", GENERAL COAAAAER- CIAL TO RARF-12 FOR RESIDENT AL AAULTI-- FANqLY; PROVIDING FOR STAFF AND PLANNING CONIMIS. SION STiPULATiONS' AND BY P~OVIDIN~ AN EFFECTIVE DATE. Petition NO. R.9~-01, fret G. Purse As~xlcdes~ Inc., ret:.'esentlng Surw, et Horb~' Club, requesting o rezone from "Co4" lo "RAAFo 12(8)" for Ioccdecl on U.S. al East of the nor~w~st corner of port ~'.ff~e .Islands pho~e One (Sun~,,t Coy) in Sec- County, Florida corlsisflng cd 6.$$ +/- acres. Ca, les cd the ~ro~x~sed Ordinance are On tile with fl-,e Oel'k to the ODor d c~d ore ovoiloble for inspec- tion. All Interested ore Invited to ~11end be he~r cL NOTE: All persons w~shln~;i to ~4:~k on any oge,~do Item must regis- COU ter wlrn flqe PR iOn~ tC~o mlnlstrotor presentation of tine aDen- etD item to I~ oc~ressecL IndlvldtM:d ~4~eo~er$ will be limited to 5 minutes DaY )1em. The ~electiorl of behol~ of on organlzc~on or group is encour~. recoont)el~ by the Choir. prior to the cole, written mcderlols In- by the Boord ~ be mh'~d to the ol:v~'~or'k:~e Coum'V stall O minimum of seven ~ prk~ to the before the Board will be- come a per tom-,eat port of Any ~er~ who de~Id- es to o~)eoI O O~t:lsIon of ~ Board vdll need o re- cord of the proceedlmas mere(ora, may need to ensure ~ o ve~i:x~m which fecor~l In. OF COUNTy COMMIS,edONER S COLLIER COUNTY, FLORIDA · PAMELA S.MAC'KIE"/ CHAIRWON~,N BY:./si Lisa Steete~ ?e~:~ Clerk IMaureen K. Kenyon From: murray d [DonMurray@colliergov.net] Sent: Monday, April 05, 1999 3:20 PM To: Maureen K. Kenyon; pedone b; filson s; johnson_c; martin_c Cc: mulhere b; nino r; student ~; weeks-d Subject: Request-Continu-ance of R-~9-1, Sunset Cay The owner, Robert Duane (Sunset Harbor Club), requesting a rezone from C-4 to RMF-12(8) for property located on US 41 East at the northwest corner of Port.of-the-Islands Phase One, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, requests a continuance of the Sunset Cay rezone, scheduled to be heard at the April 27, 1999 Board of County Commissioners' Meeting. This continuance will be rescheduled at a later date in order to afford the applicant time to meet with Florida DCA regarding this application. This item was scheduled as a Regular Agenda item on the Board of County Commissioners' Agenda for the 27~. Maureen K. Kenyon From: murray_d [DonMurray@colliergov.net] Sent: Monday, April 05, 1999 3:48 PM To: Maureen K, Kenyon; pedone_b; filson_s; johnson_c; martin_c Cc: mulhere_b; nino_r; student_m; weeks_d Subject: Correction: Request Continuance of R-99-1, Sunset Cay The owner, Robert Hardy (Sunset Harbor Club), requesting a rezone from C-4 to RMF-12(8) for property located on US 41 East at the northwest corner of Pod-of-the-islands Phase One, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, requests a continuance of the Sunset Cay rezone, scheduled to be heard at the April 27, 1999 Board of County Commissioners' Meeting. This continuance will be rescheduled at a later date in order to a[ford the applicant time to meet with Florida DCA regarding this application. This item was scheduled as a Regular Agenda item on the Board of County Commissioners' Agenda for the 27TM. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 2 X Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating Dept/Div: }lousing and Urban Improvement Community De,,'. & Environment Svcs. Person: Greg Mihalic [)ate: Apri.! 1, 1099 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate shec0 Hearing before X BCC BZA Other Requested ttearing date: (Based on advertisement appearing 10 days before hearing. April 27, 1999 NewsPaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & cormnon location & Size: An Ordinance axnending Ordinance No. 92-60, as amended, relating to the levy of a 2% Tourist Development Tax and an additional I% tax throughout Collier County pursuant to the I.cal option Tourist Development Act, Section 125.0104, Florida Statutes, providing for amendment to Section Three concerning the usc of tax revenues to expand the allowable uses for categories A, B, C and D and to remove the guidelines; providing for conflict and severability; providing for inclusion in code of laws and ordinances; and providing for an effective date. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? [] Yes X No If Yes, what account should be charged for advertising costs: Fund 001- 138710 Reviewed by: Division Head Approved by: County Manager Dale List Attachments: Ordinance Amendment DISTRIBUTION INSTRUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division }lead approval before ~ubmitting to County Manager. 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 Count)' Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original 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 ONLY: Date Received: .)..!~ <~. ~'~ Date of Public hearing: 2-1t"~q ~1 120 2 ' ~ H~): (E]4,~) 774-8408 NO: (941) 774-8406 April 8, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Ordinance 92-60 Relating to the Levy of a 2% Tourist Development Tax Dear Pam: Please advertise the above referenced notice one time on Friday, April 16, i999, and kindly send the Affidavit of Publication, Jn duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy' Clerk Purchase ~[o. 001-138710 ~,oTICz OF iNTENT TO CONSIDER OEDI~'~7~CE ~otice is hereby given that on TUESDAY, APRIL 27~._~9~[~. in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the }~card of County Commissioners will consider the enactment o£ a County Ordinance. The meeting will commence at 9:00 A.M. The title o~ the proposed Ordinance is as follows: A/,; ORDII;A/~CE ;J,IE~DING ORDINANCE [;O. 92-60, AS DJ~ENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX. A/;D A/.$ ADDITIONAL 1% THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPME~;T ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR A~ENDMENT TO SECTION THREE CONCERNING THE USE OF TAX, REVENUES TO EXPAND THE ALLOWABLE USES FOR CATEGORIES A, B, C AND D ;~4D TO REMOVE THE GUiDELI[.;ES; PROVIDI[;G FOR CONFLICT A~.$D SEVERABIL[TY; PROVIDING FOR I~,;CLUSIO~.; IN CODE OF LAWS A/;D ORDINANCES; AND PROVIDING FOR A3: EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior tc presentation of the agenda item to be addressed. Individual speakers will be limited to 5 m~nutes 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 ~he testimony and evidence upon which the appeal is based. BOARD OF CON~TY COMr4ISSiONERS COLLIER CON.[TY, FLORIDA P/ZMELA S. MAC'KIE, CHAIRWOM/C4 DWIGHT Eo BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) ORDINANCE NO. 99- A~; ORDINAl;CE AMENDING ORDINANCE NO. 92-60, AS AFB~NDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPI~ENT ACT, SECTION 125. 0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO EXPAND THE ALLOWABLE USES FOR CATEGORIES A, B, C AND D AND TO RE24OVE THE GUIDELINES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINA~;CES; AND PROVIDING FOR AN EFFECTIVE DATE. ;';EEPEAS, ..... ~' .......~.. !25.0104, Florida £tatu-¢-=_ .... .r;:¢v:des 'o., L..he ievv ~ a iota! ~' ' ' F~icn tourlst development tax ~}' any WHEREAS, the Board of County Co~missioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throuut, cut Collier County for the purposes permltYed in Section 125.0104, F!oriCa Statutes, as amended, and to utilize previously collected ts'ir!st ie';e!sr~ment taxes as authorized by Chapters 92-175 and 92-2~.4, Laws c' ........ Florida, enacted by 'h~, ~ .... ~[s]atur _~, at its recular session of 1992; WHEREAS, the Board of County Co~issioners of Collier Count'z, Dy an _z~raordinary vote, desires to amend the uses tax revenue and tourist de';elopmen: plan; and Co'':er "~ ...... Tour;s% L~-.'¢icpmer. t Council. NOW, THEFEFOFE, 5E iT O~LAiNED BY THE BOARD OF' CC J'",'Y ...... ~=~r .... =~ ~,- ~u.l~., DA that: ~=..... .... ~ .... :.., ~: COLLIER ..... ?z FLORi ~ ..... ~ ONE: ~v, endment to Section Three of Collier County ,~,~inance~ Nc. 92-60. ~ ....... -~--: ;= hereb'; amended to rea~J as ...... ~ .... THREE: USE OF TAX REVENUES. A. The %ax revenues :ecei-;ec purs'uant tc this Ordinance and ~h~- tc'~rls- '~', "~"--~"~ .... ~';ious!y collected .... ~ .~;.~.,.~r ,990 %c :;over.her 1921 pursuan% %0 Ordinance :;o. 93-43 shall be used fund the Cc. filer Coun:y Touris: Developmen: Plan, which is hereby arc add,:d; words r~r',~41~..,,egh are dclctcd. TOURIST DEVELOPMEI;T PLAN The two percent (2%) tourist development tax shall be levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district shall include the entire geographic area of Col]f~er County, Florida. The anticipated revenue for a two percent (2%) tourist develcpment tax for all of Collier County over a twenty-four (24) month period is Seven M~llion Dollars ($7,000,000.00), less costs of a~inistration. The additicna! one percent (1%) tourist development tax shall be levied throughout Collier County beginning the first day of January, 1996 and terminating on Decer~er 31, 1999. The tax district shall include the entire geographic area of Collier County, Florida. 1. The categories of use of the two percent (2%) tax revenues by specific project or special use are hereby listed in the order of priority CATEGORY A - CATEGORY B - To finance beach_~uark facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to t.%e physical preservation of the b_a~h, shoreline or ~nland lake or river. Percentage of Her revenue 60%, reduced by the amount required for Category D. To promote and advertise county tourism within the State of Florida, nationally and internationally, w~..=e~.3~c~--~eus.'__ it. g~~h2s--o~~~~, however, if tax revenues are expended for an activi~ service, venue or event, the activity, se_rvice, venue or event shall have as one of its ma'in Purposes the attraction cf tourists as evidenced 2. Word~u'.l:~.R~rcadded;words~harcdclct~d. by the promotion of tke activity, service, venue or event to tourists. Percentage of !,;et revenue 40%, reduced by the amount ~udgeted for Category C. ~34~, 000 ~ ~b+----F~ r--~a4--P~et-s--a nd ~or--a et--i~q-t-~ hie h--p r-om9 t e t-o u-r-i-s m--- CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improTe, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net revenue ;~mcun~ budgeted for this Category by the Board of County Co~missioners each fiscal year, but not to exceed 7%. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendxBent does not exceed 7% of the net revenue. CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Percentage of Net revenue SQ--~-~--$~-PG7-~,~GG ~nount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to 3- Words'zl]i[e..I]ill~eadded;word~~h~cdeleted, exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this Ordinance that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. Upon expiration of the additional 1% tourist development tax as described in this plan, the Tourist Development Council may request the Board cf County Commissioners to review the funding allocations. 2. The additional one percent (1%) tax revenues collected pursuant to Section Two (F) shall be used to finance beach improvement, maintenance, renourishment, restoration and ercsion control. 3. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the prov~sions of Section 125.0i04, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be £ull and complete authority for acccmplishln~ such purposes, kut such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. 4. The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount cf tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the 4. Words t~{Xl~¢added;word$~r~l~h~¢dele{~. 2 tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date cf sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's irmnediately preceding annual audit, plus, if the levy cf such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. B. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Co~missioners. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid cr unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall n.pt affect the validity of the remaining portion. SECTION FOUR: INCLUSIOI,: IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Words IZl~d are added; words ~na~-~hrow~h arr. deleted. · 12C 2 SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOP/ED by a vote of a majority plus one of the Board of County Co~missioners of Collier County, Florida, this day of , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CONI,I[SSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney }{F~'f £~dlnan¢¢ ~xp~d 99 ID Tax ~d 92~ By: P£d~,ELA S. ~zJ~C'KIE, Chairwoman Words ~.Lil:[rdJ~l~ a:¢ addcd: words ~n~h are delctt, d. BOARD OF COU~TY ATTN: TOKYA PO BOX L13016 le~PLE$ FL 34101o~0~6 REFEflF~ICE: 001210 State of F[orJ~ C~ty of Cott~e~ ~fore t~ ~ersJg~ ~t~rJty, ~r~etLy ~r~ B. ~, ~ ~ ~th ee/s t~t ~e serves · ~ t~ AS~J~t~t Cor~r~te ~ecretery of the ~e~ 1~ ~Lt~er ~ty, ftortda: t~t t~ ~tt~ch~ ~ of ~ertist~ wes ~btt~ CoLLier ~ty, FLort~, ~ t~t t~ said ~[t~ tn ~atd Cottter C~ty, F[orf~, each ~ ~ ~s ~ ~ter~ ~tter et t~ ~st offfc~ in ~p[es, in said ~ttler C~ty, Ftort~, f~r a ~rt~ of I year ~xt prec~t~ t~ ftrst ~Ltcatt~ of the atta~ ~ of ~vertts~nt; ~ afft~t furt~r ~ys t~t ~e has neither ~td pr~tl~ ~y ~r~, firm or dil~t, r~te, c~tssf~ or ref~ for ~te Of securt~ this ~vertfs~t for ~Ll~tt~ in t~ said AP SPACE: 122.000 Ir ZLED 0~: 04/16/99 Signature of Affiant t2-60 NOTICE OF JNTEt,'T TO 1haf on TUESDAY, Boar ~'o~n, 2rd nonce. ~ ~ AN ORDINANCE AMENDING ORDI- A~ENOED. RE~AT- It~ TO ~ LE~ A 2% T~IST VELOPMENT TAX A~ AN ~I~AL I% TAX T~O~. ~T C~R C~N- TY PURSUANT TO T~ L~L ~ TO~tST DEVEL~. M E NT A.C T, SECTION12S.0 104 rL~A STATUTES', PROVIOING FOR AMENDMENT TO CT~ T~EE C~ TAX RE~5 TO E XPAHD THE L~A~E ~S F~ C~TE~$ A, B, C M~ THE GU~. LINES; P~OVIDING V~NG FOR 'INCLU- LAWS AND OODI. VJOING FOR AN EFFECTP~ DA TE. ~CJ~~d~ NOTE: Afl persons mfflltfrot~ PRIO~ wishing to ~ rKm~ ~ ~d wW ~ o re- de ~ a v~m ~ o~ county CO~.~S COLLIER COUNTY PAM[~A ~. ~C'K~, ~WO~N HT E. BRO~K~ 2 L~ ORDINANCE NO. 99-~22~__ AN ORDINANCE AMENDING ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125. 0104, FLORIDA STATUTES, PROVIDING FOR AIMigNDHENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO EXPAND THE ALLOWABLE USES FOR CATEGORIES A, B, C AND D AND TO REMOVE THE GUIDELINES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES: AND PROVIDING FOR AH EFFECTIVE DATE. "~' - - ,.~ ........ ~ '.C,rlSt ,~L : ;~:','O'.",Lre:.t tax thrs'uun .:' 'i',i ii,ir Count'; :,';r Lr, e n':-z"=;,,~.. ........ : ,,:7i' '..:u ~:, 2, .... .~- :. colle-;t~-c tc'.rlst devet<:~m,?r.t WHF ~EA3, the NC?f, THE~Eff 37-E, ....... : .... ~ .... :, .... LA tl.at: A. ~z.:- ia:< r,]vey.;~e5 rez,?l-.,r:c ~;11 s~lar, t t'~ thtf ' rdir, ar;c:a and ..... ; ~ .... S CI~','iO'I~ ly COl iectec : · 5r :lo';.::mbe r 1990 to Never. met 1991 pursuant fun~ the 'icl!let Co.:r~Ly lsurist Develspmen% Plan, which is hereby The two percen~ ~(2%)tourist deve~O~<~t'~t~x shall be levied .>..." ;.~. thr0u~hcuu Collier county beginning ~he first day of the second ~ ~:-~ ~..:. ~:,.~ ~ . : . tax district shall include the ~ ~rea of Collier ..~. County, Fie:ida. The anticipate~ ~evenue for a two percent (2%) :os~s ~f.:ad~nistration: - - Th~ additional one pe.c~..~ .... (1%) to6:ist development tax shall be levied throughout Collier County beg~nning~ %he first day of Janu~rT, 19~6 ano terminating on December 31, 1999. The taz ~%~:~/ ~ d~s~:lct shall include ~ic...area. of Collier v nu~ by specific project or:special use are hereby listed the or,er of priorl~y ~'--~..-' -~ ' CATEGORY A To finance ' '"~: ¢" '" ' ' ' - beach' Park" facilities or beach · mprovement, ma%ntenance,, renour ishment, and inlet ma'in'tenance sh0rel~ne protection, -nhsncemest,.cleanup om restoration of inland .... ~lakes and river~~to which there is public access as these uses relate to the physica! preservation cf the beach, shoreline or inland lake or river. CATEGORY B - Percentage of :,et revenue 60%'~ :"reduced by the amount " "' required for Category D. To promote and advertise county tourism'within the State of Florida, nationally and intern~tionally, ..... - .... -~ · ~.~z~cr C~:ty. Thc guidc!in::~ f,~ ..~.u~r5 ~ fu~ ....... ~ .... ~.-4 ~-; ...... ~~...~ .... inccrpcratc~ kcrcLn tax revenues are expended for an activity, service~..venue or event, the activity, service venue or: event shall have ,as one of its main purposes'iithe~attraction of'tourists ~s.~evidence~ arc added -~he activity,..., service, venue or event to tourists.~ A[?rczimatc cost Percentage of cr cxpcn~"c all?ca'.ich Net revenue 40%, reduced by the ;:mount budgeted for Catego~_3_y C. S~,750,000 25% ~b~---F~--teca! ~roJccts a~r activities whic.h--pr~3tc tou.~4~--- To acquire, construct, exsend, enlarge, remodel, repair, improve, ~maintain, operate or promote one or .more Ccu.nty o',;~ed m']seu~.s or ~use,/~ that are and cgen to the public. AFprc::im~tc co~t '' ... Percentage of ~nsc ~I io'r-z~:~ Net rc';enue ~T, cunt budgeted for this Category by the Boa:d of County Co~missioners each fiscal year, but not to exceed 7%. This amount may ~e ar. ended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the a~qregate allocation ~)er fiscal year budget amendmen~ does not excee~ 7% of the net revenue. CATEGCRY D - Tc acqu:re, construct, extend, enlarge, remodel, repair, ~mprove, maintain, operate or promote cne or more fishing )iers which are publicly owned aJId operated. .AF~roxi.~,~tc .~.-~e~te~: Percen'.age of -~ ~-~ -~-.~., Amount budgeted for this Category by the Board of County Commissioners each fiscal ye,~r, but not tc ~) - - ~ ;h~'~'-,,'.,~.:'j:"~,i~!'~' ~. exceed $200,000. This amount ' ~,'~ · ~'~'~",- ~;'~:~ F" ,. -*~y ~e amended U wardl or ~, ~.. ~,,~-~.~ - . from theodore of th_ budg_t ~ ~'-. amendment approval, provided .. , . that the amount of the j~ aggregate allocation per fiscal year does not exceed 82~0,000. It is the intent of this Ordinance that the above uses shall be funded se Upon expiration Of the above percentages ~evenues collected. ~ional 1% tourist development tax described in this plan, the Tourist Development Council may request the B~ard ~iof:iCount~ Commissioners to review the It;ndin~ 9~ 2, Th~ ~iona~f;~)ne,~e~ent: (1{,')i:tax revenues collected ,improvement, ~aintena~ce,<'renOurishr. en:, restoration and erc~sion control. 3. The revenues to be derived from the tourist development tax may be pleJged to secure and I iqu~date r~e';,?r;.Je kon~i~] i :~ ~,<~,ms, conditions and covenants as the governing board of Colliem '.County shall provide. This paragraph shall be full ant: c~'mp]ete authority for accomplishing such purposes, but such a,JthcrJt, y supplemental, and additional to, and net in derogation ~any powers now existing 0r~ later conferred under law, 4. The event bonds aro Issued ky Collier County for any of purposes ~enumerated by the Tourist Development Plan, the -amount of tourist development '~ax receipts used to pay debt :seruice on such bonds may exceed the percentages provided for the rpose for which such bends Were?iSsued; provided, however, the maximum annua~'~ debt service on bonds, together wit~ any ~bl~igat~ were issued to finance re secured by the tourist deveicpmen% tax, must not exceed the stated percentage of tourist de~i~ provided in the Tourist ~T?De~elop~en~'~ P~ es, as calculated as of the date of sale of such COnds. ~or ~ur~oses o~ p~ ~ormino t he described . r , .., ,.~ ,h_ amount of tourist deveicFment tax receipts shall be ass'Jmed t~ Le the amount provided as such in Collier County'? i,~..]ta..~y precedinq annual audi%, plus, if ~the levy of 5 ~uch taz wa~ imposed or increased T subsequent' to ~he be~inni~lg of?~.ke r~eriod which was audited, an the County wo.~ have received if the taz imposition or increase ..... . e ..... re audLt period. At. or F~ior LC the .,~.,- .a .... Of bO~dS the C3ur~t.',' ~,lana-J~ r ?hall [~[o';~ti,~ a ce~t: fi':ate ce[tiflcate 5hall Le conci Usive as LO ail matters t,rcvided B. The above an~ foregOi~ touris~ Development Plan may not be substantially a~ended '~,xc-p.-" b~ ordinance enacted by an a~[!rmat~ve vole or a majority p}us cr,e additional mernb~2r ...f l. he SECTION THREE: CO:IFLICT AND SEVEP. ABILITY. l'n th~ event this .)rdinanre conflicts with any ,,' her ordinance of Collier County or ~ther applicabl~, law, th{, more restrictive ~hall app . [[ .,ny phrase or portion of this 0~ [rla~co 15 distin'zt, and lndeperr']en~ [.,io';~ion .~nd such hcldinrJ ,~ha] 1 not affect the validity c,f 'he t'em.,[::in-; };crt:on. SECTION ['OU~: i:i2LUI;iON I:I 'rile COSE OF LAWS AHD ORDINAHCES The provisions Of this Ordinance shall become arid be made a part ".'7~.;. '::'" _ : the Code of Laws and Ordinances. of Collier County, Florida. The sections of thc Ordin]nces may te renumbered or r,~lett,~red to accomplish such, and the w~;r,i "~ r,] inanc,," fay Le ch.] nqed Lo s.ctlon , ~ rticlo", c~ any >tner a[propri,~te we~d. Z~C?IO~; FIVE: ,~,EEF, ECTIy~ A £. ~.~.~ ....... Thi~ Ordinance-shalL!be'60~e effective upon filing with the Secre%ar7 cf State. ~A.7.'JED AHD DULY A~PTED by a vote of a majorfty plur~ one of the RCar'J of C~>';nty CoKu%iss~.gners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLEPK % %',', ~'d~ Ulllkf|~cd art' adtk, d: ~¥,)rd~, ~ruc,~k4h4'°utzh are deleted. arc dclctions. :' I01 STATE OF FLORIDA) COUNTY OF COLLIER) ii.:~ I, DWIGHT E. BROCK, Clerk or,Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the 'oregoing is a true co ~': ~' ~ich was ~p~ed. ~ ~ ?~Of?'C°untY Co~/ssioners on the WI~ESS my hand and the Official seal of the Board of County Co~issioners of Collier County, Florida, this 27th day of April, 1999. DWIGHT E. BROCK ' Clerk of Courts and~ Ex-officio to Boar~ I IoItd: {DXIpIi? ldv,, I 3ENCY Ti IE :OUNTY FIRE PREVENTION AND PROTECTION CODE; AMENDING SECTION TWO AND APPROVALS: AND SE~ION TWO D(I), OPEN OUTDOOR FIRES, INCINERA'FORS. FIREPLACES. BY PROSCRIBING CAMPFIRES AND OTilER DEFINED FIRES AND TIlE USE OF FIREWORKS DURING A DECLARED DROUGilT EMERGENCY; I'ROVIDING FOR N OF EMERGENCY; PROVIDING FOR INCLUSION IN TIlE CODE OF I.AkVS AND PROVIDING FOR CONFLI~'AND SEVERAI]ILITY; AND I'ROVIDING AN EFFECTIVE /-~~~at.~ Count-/ ~,~a~er Da'.. Ile~d C~ Accorr~y~ (1} ~g O~d~nanci ~o. 9~- (2) (~) .......................................... ;~k~;;~;;,'i;~¢;;:X~'" '" "'"'"' ................................. ' " ~cre ~,:C or ~ZA: initiating ~erl~ ~ co~lete o~ co~ ~ obtain Division Head a~oval --- ~C)=: :9¢.'1.: 't74-8~08 :~,.;i' April 20, 1999 Re:'~ Zmergency Ordinance Amending~[Collfer County Ordinance 98-74 The Fire Prevention and Protection Code Dear Pam: advorttse gho~above referoncod notice one time on Sunday, ~rtl involved ~o thI~ o~ftce. you Steele, Deput base No. 001-010.510 7' .;~ ".: :. J:' :ice is T~JE_SDAY 'APRIL. 17 1999 in the ~'~droom~ 3rd Floor, Administration:Building, ~llier~ County .~nt Center, 3301 East~,~Tamiami:~i.~rail~,Naples, Florida, the Board jy Co~issioners ~WilX%~Conside~]~the e~actment of a. County .e. The meeting wtll'[~co~ence~at 9:00 A.M. The~title of the ~osed Ordinance ~ EMERGENCY ORDINanCE ~ENDING COLLIER CO~TY ORDINanCE NO. 98-74, THE~ COLLIER CO~TY~ FIRE~?PREVENTION~ ~ PROTECTION CODE; ~ENDING TWO B{3),.~'PE~ITSE~;.APPROV~S ~D SECTION TWO D(1), OPEN FIRES, '-XNCXNE~TORS/~OU~R FIREPLACES, BY PROSCRIBING RES ~iD OTHER DEFINED FIRES ~D~THE SALE ~D USE OF FIREWORKS DURING A DEC.RED DROUGHT EMERGENCY; PROVIDING FOR DECLA~TION OF EMERGENCY; PROVIDING FOR INCLUSION ::IN THE CODE OF ~WS ~D .:-~j~9ORDIN~CES: PROVIDI1.;G FOR CONFLI~]:~ SEVE~BILTIY- ~D PROVIDING ':~?" ~ EFFECTIVE DATE. ' '~.~'~:~";~;' ,~ ;?,"~':L~.~?+~ ' ::~;"'C0ptes of the proposed Ordinance are'on file with the Clerk to the Eoard and are available for inspection. All in~erested par~ies are invited to a~tend and be h~ NgT~'/~::All persons wishi~ to speak'~( y agenda item must register with the County administrator ~.to presentation of the agenda item rObe'.addressed. Individual speakers will:be limited to 5 minu~es on item. The selection of an individual to speak on behalf of an anfzation or group encoura~ i~:'rec~nized by the Chairman, a for a g be allotted 10 minutes an item. us wishing to have'written or graphic materials included in ~Board a~enda packe~s must:submi~ said material a minimum of 3 weeks ~ri°r~'tO the respective public hearing..~ In any case, written materials to be considered by the Eoard shall be submitted to the County staff a:mfnimum of'seven days prior to the public hearin~ Ail material used in presenta~ions before the Eoard will become.~a:'per~nent part of the record. Wh0 ~deCides ~o appeal'-a dec~sion' 0f the Eoard will need of ~he proceedings"pertaining thereto and therefore, may need to that a ensure verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOA3~D OF COU~NTY COM:4ISSIONERS COLLIER COUNTY, FLORIDA P;~4ELA' S. MAC' KIE, CHAIRWOMA~ ORDINANCE NO. 99- AN E.MERGENCY = ORDINANCE A.MENI)IN(; COI,I,IEII COUNTY ORDINANCE-NO,~;98-74, 'FILE COI.I.IER COUNTY FIRE PREVENTION AND PROTECTION CODE; AMENDING SE~ION .TWO B(3), I'ERMITS ANI) APPlIOVAI.S AND SE~'ION TWO D(I), OPEN OUTDOOR FIRES, INCINERATORS, ' -OUTDOOR FIREPLACES,. --:.,.~--B3~PROSCRIBING CAMPFIRES AND OTIIER DEFINED';;FIRF~(~¢hND'~:TIIE~; SALE AND USE OI.' FIREWORKS DURING A DECLARED DROUGIIT ESIERGENCY; i'ROVIDING '~'7~ FORCe-:;~ DECLARATION OF EMERGENCY; I'ROVII)ING FOR INCI.USION IN TIIE CODE OF I.AWS ANI) ORDINANCES; PROVIDING FOR CONFI,ICT AND SEVERABII.ITY: AND PROVIDING AN EFFEC'FIVE DATE. WItEREAS. in 1999 Collier ~ounty has experienced xvihlfirc5 accompanied by strong winds a'hich have caused real and pcrmnaJ prop~y loss: and ...}~ WItEREAS. the Divlsmn;°~ Fpr~t a numerical index to measure the potential for wildfires on ~hich a value exeeeding4~} de~ot~ a significant danger of fire and Ilm present ip. dcx e'.:¢eed~; a '.'able ¢~f6flO; alltl WIIF. REAS;. on April 12, 1999 Governor Jeb llush declared that a state of emergency exists throughout Ibc Slate of Florida because of the extcmlcd drought ami rest,fling potcnliid fbr 5 wild fires; and ' ';;,: WIIEREA$,' a recurrence of these fires, the emergency is likely to ~ °fl~al firefighting resources to meet it; and WI[EREAS. Ibc Board' of Co'rely Commmsmners of Collier Counly has fire safety responsibilities h*r Collier County; and .?:~' b~ard; anti WII[:.REAS, the risk of timber fi~rest and brash tires in C'ol!~cr County is high given thc weather and ~ologicalcomtitions: and .: WItEREAS. vegetation in County parks'and preset'es is extremely dD' anti poses a fire WIIEREAS. any campfire, bonfire, open or barrel bt, ming nlr Irasb or nsc of open barbecue or barbccu¢ pits using charcoal or woo~l or discarding of lighted clgarcltc btflts cra,doors. and smoking in co,reLy parks creates unaccept;,ble risks for acc/dental or careless igmtion of dry ';:'~;egetalion; and are added; Words ~m4,,~$~a~/. h are det¢led. WItEREA$, the sah legal fireworks because of the high risk the Board mg or usc of any fireworks, including the ~g ~ublic fireworks displays shoukl be and dctcmincd lhat Ibc best method to 'help protect human and animal lire'and to avert lhe serious destruction of properly that could · ' result from a wildfire during a period of. declared drought emergency, is by declaring an emergency and amending Collier County Ordinance No. 98-74. Ibc Collier County Fire ~-'/Prevention and Protcclion Code .... NOW, TtlEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~Y, FLORIDA thai: ONE. A. IENDME~.TO. SE~ION TWO(B}(3) OF COLLIER COUNTY ~..ORDINANCE NO. 98-74: ' ~' i .... .~ ....... ~: .- SE~ION TWO{BI(3) of Collier ~OUnly Ordin;mcc No. 98.74. is hereby amcntlcd as follows: (3) PERMITS AND APPROVAI~q i} Amend Subseclion !-15. i(;(c~ to read as £ollows: i 1-15.16(c). Bonfires and~Ouldoor Rubbish Fires. Kindling or maintaining any opea fire or a fire m~ny publie~lreet, alley, ~°ad. 0r olher public or private ground. Instructions and sl~pulalionq ofpcmit shall be adhered Io. Cooking fires and small recreational fire~ not intended for vegetation or rubbish disposal, wbcn conducted safely and on lhe prope~y of Ihe s,bject, are exempt ami do nol require a pemlJl. ii Nnlwilh$landin th above rov[sions dur/n~lh durati0nofastale ~~clared b~of lhe ql~~s. ~ extende~l ~roueht and the rcs.llin~ial for wildfires which i~cl.des all or ~ollier ":-::~~ shall become effective a ~'~~ b~nfire ~n or ba~cl bumin~oftrash use ~fopcn barbccuc~ '! or b~~s usin, cbarc~ml 9r wood~~~rcuc butl~utdoors_ · ",;. COUNq'Y ORDINANCE NO. 98-74, Section Two ~ SECTION TWO: AMENDMENT TO SECTION TWO(D)(1) OF COLI.IF.R follows: · 98-74, is hereby amended as OPEN OUTDOOR FIRES. INCINERATORS, OUTDOOR FIREPLACF. S. (i) Amoral Snhscctinn 3-4.1 to read as follows: 3-4.1 See Section 1-15 for permit reqnired. Exception: Cooking fires and small recreational fires not intended for vegetation or I disposal v, hen conducted'safely and On 'the property of Ibc subject. . . , . ~.~,~ ~:,';' . . {ii) Amend Subsection 3-4.~ to read as follows: 3-4.7 No'gas-fired or ~h~4~oal-fired cooking grills shall be kind[ed or maintained nn balcnnies or wilhin I0 fl. (3.1 m} ofbuihtings, I.P gas cylinders in excess ':,:,)3",. of 2 ~A lbs, water weight shall not be stored within 10 ft. (3.1 m) of a residential buikling. Exceplior~ I: Detached One anti Two Family dwellings. ;Excep{ion 2: Permanenl gas-fired or eleclric grills with proper ventilation · i hoods/facilities installed pcr'lllemanufacturces' "' ...... ~flis'lnicl|ons ';~'~ ";" '~¢~'"~ (iii--]~%.'~thstan~ve__l.~isi~ I~L~tinn nra sla~e cause of c..xtendcd ~: drot! h-' ant file ~ lin_. ~ hi'al nr w']~~ MI or .a ~ of ollic[ ~ ~ there sha~l heco~~o~_a~ai~l maintainin~ ;~~q n~t,~~~, i~c of n~cs or harbec.e ~t usin charcoal or wood dis ar ~ff~~¢ sale or usc of firc~rks, ~ SE~ION TItREE: DECLARATION OF EMERGENCY This Bnanl claes hcrchy declare than an emergency cxisls and that immediate enactment of this Ordinance is neccssmy, and by no less than fottr-fifths (4/Sfl~s) vole of lhe membership of this Board does hereby waive nolice of inlen{ to consider this ~. ord~ u~ arc added; Wards glr~,~m~h are delcfed. SECTION FOUR: INCLUSION IN TIIE CODE OF LAWS AND ORDINANCES Thc provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordmanccs of Colhcr Coumy, Honda. ~ The sectIons of the Ordinance may be r~un b~ ~d or re-lettered to accomph~h ~uchcand th~iWord ~ ordmance~ may be changed to scclmn, amcle, orany otherappropnatewoM.. SE~ION FIVE: CONFLI~ AND SEVERABILITY In thc cvcnt this Ordinance conflicts with any other Ordinance of Collier County or ~licahle lax,.,, thc more restrictive shall apply. If an)' phrase nr porlion of the Ordinance is held invalid or unconstitutional by any court of compclent jurisdiction, such Pfni0n Shall be deemed ~' s~5~atb~ difiifi~t and'indc~endcn[ provislon'~and such holding ' ' sh~ll not affect the vahdity ofthe remaining poflmni&~ .~. . SECTION SIX: EFFECWIVE DATE ~ : A certified copy oflhis Ordinance, as enacted, shall be filed with the Depaflment Of State by the Clerk of the Board of County Commissioners as soon after enactment hy Board as is practicable ~Y d~siting the~'Gme' with the postal authorities of the Govcmm~l oflhe United States for ~p~ial deliqe~ by e~ified mail to fl~e D~anmcnt .~ · This Ordinance shall become effective When a copy has been accepted by the poslal authorities of thc Govcmmcnt of the United States as scl forlh in Section 125.6fl(3). PASSED AND DULY ADOPTED~by the Boanl of Count'y Commissioners of Collier Connty, Florida, ihb A~EST: DWIGHT E. BROCK, Clerk Dcpmy Clerk Approved as to Form and legal sufficicncy: ~ ~. Robert N. Zacha~ .. : 'r ~ ' Assistant County Attorney;. ~ ., 1999. 'BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA l)y: PAMIiLA S. MAC'KIE. Chairwoman Wnrds u._.n~.~lincd arc added; Words ~4rt~k-I"h~.~l~ arc dclelcd Affidavit of eubL~¢atie~ PHILLIPS , THE EMERGENCY , * COUN~ F~E ~E. TECTION CODE; REFERENCE: ~12~ ~1-010510 ' ~'/ .?' J ~.E~NG ~CTION 57~83 ~r~ ~T~CE OF %?ITE ~ ? ~:~: . TWO ~3}, ~RM~TS of CotUer ': ~ATO~ Before t~ ~erst~ aut~rlty, ~rs~tty FleE- 'a~ar~ B. La~, ~ ~ ~th says t~t ~he serve~ Il t~ AiS~lt~t Corvette Secretar7 of the ~ptes OTHER DEFINED ColLier C~ty, Florida: that the attach~ ;~ of ~verti~t~ ~as ~tJ~ In laid . ~? ~ CLARED DROUGHT E~ERGENCY; PRO- AffJ~t further says that the said Naples 0eJ[y N~s ti I n~s~per ~:~sh~ at NapLes~ ~n said . : E~EeGENCY'v~NG F~ ' ~CLU.PRO' tattler C~ty, FLorida, a~ that the said ' LAWS AND ORDI. n~s~r ~s heretofore ~ cmtt~sty ' NAt~$: ~OVIDING ~tJsh~ Jn said Col(Jar C~ty, F~orJ~/ each - ~VERABLITY: AND ~y ~ ~s ~ ~ter~ as sec~ c~ass ~[ et the ~t off,ce tn ~ptes, In said : ~ Col(let C~ty~ F[or~da, for a per~ of 1 year ~[~ ~ ~ we ~ fl~ w~ next prec~;~ the f~rst ~[~catJ~ of the attach~ c~ of ~vertlse~nt; a~ affiant further lays t~t she has neither ~td ~r : ~L[$HED S~rn to a~ S~scrJ~ ~t ~ ~d ~er~ ORI)INANCE NO. 99- 29 AN EMERGENCY ORDINANCE ASIENDIN(; COlA.lEI1. COUNTY ORDINANCE NO. 98-74, TIlE COI,I.IER COUNTY FIRE PREYENTION AND PROTE~ION CODE: AMENDING SE~iON TWO B{3), PERMITS AND APPROYAI,S AND SE~ION TWO D(1), OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPI.ACES, BY PROSCRIBING CAMPFIRES ANI) OTIIER DEFINED FIRES::AND TIIE SAI.E AND USE OF FIREWORKS DURING A DECI,ARED DROUGIlT EMERGENCY: i'ROVI DIN(; FOR DECI.ARATION OF EMERGENCY: I'ROVIDING FOR INCI.USION IN 'FILE CODE OF I,AWS ANI) ORI)INANCES: PROVIDING FOR CONFI.ICT ANI) SEVERABIIATY; AND I'ROVIDING AN EFFECq'IVE DATE. WIIEREAS, in 19~ Collier COunty h~q experienced wildfires accompanied bv strong winds which bare caused real and pcr~ai pm~:loss: and .... ~' WItEREAS. lhe Disqsion of For~¥~ Ires a numerical index Io me. ute the potential for wildfires on ~hich a value exceeding 4tg} denolcs a signific;ml danger of lire ami thc prcscm index exccetls a value of 600; and WIIEREAS. on April 12; 1999 Govcmo~' Jeb Bush declared th:st a state of emcrgency exists throughout lhe State of Florida because of the extended drought and resulting potential fi~r wildfires: and 7 '¥' '~ WIIEREAS. that in' thc event of a recurrence of these fires, the emergency is likely tt) cxcccd thc capabdity of local lirclighting resources to meet it; ami WIIEREAS. the Board of Counlv Commissioners of Collier County has lire safety responsibilities for Collier Count>'; and WffEREAS. the risk of further fi~rcst anti brash fires in Collier County is high given weather and ecological conditions; and WttEREAS. vcgclation in County parks ami prcscrx'es is cxtrcmelv dry and poses a fire hazard; and WIIEREAS. any campfire, bonfire, open or barrel burning of trash or usc of open barbecue or barbecue pits using charcoal or wood or discarding of lighted cigarette butts outdoors. "and smoking in county parks creates unacccplable risks for accidcntal or carclcs~ ignition of d~ are added; ',t,~ords ~n4~-:}w.o~h are deleted. WHEREAS. the sale'of fireworks and the igniting or use of any fireworks, including the ~therwise legal fireworks such as sparklers, and including public fircv, orks displays shot,kl be hlgh'risk condhiO~jt~rlng this emergency; and because of the t lgK~, lhe ~oara OLGOUnly ~0~mtsS~on~ protect human and animal lire'and to area the serious destruction of property tirol could result from a wildfire during a period of 'declared drought emergency, is by declaring an emergency and. am~d~ng Collier Counly;Ordinancc No. 98-74. the Collier Courtly Fire Prev~tion and Protection Code. NOW,' THEREFORE~: B~iT; ~0RDA[NED BY ' . ~ ?~.~.-~ , ~' · ....... OF COUNTY COMMISSIONERS OF COLLIER COUNt, FLORIDA lhai: SECTION ONE: AMENDMENI TO SEXTON TWO,B)(3) OF COLLIER COUNTY ORDINANCE NO. 98-74: SE~ION TWO(BI(31 of Collier County Ordinance No. 98-74. is hereby amended as follows: (3) PEmMITS AND APPROVALS . .-;i):' ~ Amen~ Subsection as ~:.' . .~:.}.~., .1-15.16¢) Bonfires~ and.Outd~r Rubbish Fires. Kindling or 5~maintaining any open fire or a fire in any public street, alley. ~road. or olher public or 'P6vate~- ground. Instructions and stipulations ofpc~it shall be adhered to. Cooking fires small recreational fires not intended for vegetation or rubbish disposal, when conducted safely and on thc propc~y of thc subject, are exempt and do not rcqmrc a fit) N°t"~t i~ ~n; ~he abov~ti°n ora state f emer-.encv de kared bv the'Cox:cmor of' the ..qtate of Florida because of extended drou ht and the .csultin, _otential for wik~nch~des all ~ ~i~~ shall become effective a p_rfi, hibition aeainst kindl~ mainta'nine any camden or barrel bumin~ discardin~ butts outdoors~ County: arks antl Lhe sale or .use of fireworks ant barbecues or b~ -charcoal or wood .;]mil be ~[ted with~ards of an fore~ hnds or marsh area )¸'7 ". Word~ ~ ar,' added; Word~ ~ a~e de ,ted SECTION TWO: ection Two AMENDMENT TO SECTION TWO(D)(I) OF COLI.IER -74. · ';:7.:; of Collier County Ordinance No, 98-74 hereby amended as (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. (i} Amend Subsection 3-4.1 to read a~ followsl 3-4.1 Sec Section 1-15 [or permit required. Exception: Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. (ii) Amend Subsection 3-4.7 to read as follows: 3-4.7 No gas-fired or charcoal-fired cooking grills shall be kindled or maintained on balconies or within 10 fl. (3, ! m) of buildings, LP gas cylinders in excess 2 ½ lbs. water weight shall not be stored within 10 ft. {3.1 m) ora residential building. Exception i: Detached One and Two Family dwellings. Exception 2: Permanent gas-fired or clcclric grills with proper vcnlilation hoods/facilities installed per the manufacturer's instructions, ~\'otwithstanding. the above .rovisions. durin I the duration of a state_ of emereencv decIared bv the Governor of the :tat~ of Florida because o.f extended drou,ht and t e esulfin otenfial wildfi'~S"i~v "ch i~'ud all o art'o oilier ~~ccive :: ohib'tion a/ainst kindl'n., crcatin, or maintainm, an cam fire bonfire o cn or barrel bumin, of trash discardin, of Ii ,htcd i arctle butts out too s s okin in o mt a's and Ibc sale or usc of fireworks and ,:,, ~arklers. Thc u e ofo cn barbecues or barbecue .-its utilizing, charcoal or wood shall be prohibited within 600 v~. woods wild la.ntis or marsh area within Collier County. SECTION TttREE: DECLARATION OF F. MERGENCY ~<.. This Board does hcrcby declare than an cmcrgcncy cxists and that immediate cnactmcnt of this Ordinance is necessary, and by no less than four-fifths (4/Sthsl vote of thc membership of this Board does hereby waive notice of intent to consider this Ordinance. Word~ p..~ arc ad,lcd: Words ga~h--,Tl~gh are deMed. FOUR:' : INCLUSION IN THE CODE OF LAWS AND ORDINANCES r'~ ~' '. ~, ~ ; ~e pros%ions of this Ordinance sha!i become and be made a part of thc Code of Laws ~nd Ordinanc~ of CoIli~ County, FloHd~The~s%fi°nsbr the Ordinance ma~ be renumbcred or 7 re-lellered Io accomphsh such.' and the word ?ordinance" may be chan~ed ~o "section." or any other appropriate ,,,.'ord. - · . ~,. '~ :" i', SECTION FIVE: CONFLICT AND SEVERABILITY! · In the event this Ordinance conflicts With any other Ordinance of Collier County or other applicable law, the more restfi~tR'~ shall appI~.~qfan~ ~hr~e or ~onion of the Ordinance is held s~arate, distinct and independenl provision and such holding shall nol affect the validib' of lhe __..._ _ _~,remmmm,::- portion. " SECTION SIX: EFFECTIVE DATE i ~' A certified copy of this Ordinance. as enacted, shall be filed with the Department of Stale b~:'ih~ Clerk of the Board or CoUnty Comm[ssion&i ~mcficable by deposflmg the s~sa[h the P0slal hUthoHfies of lhe Govemmenl of the Uniled Slales for special &liveD' by certified mail 1o tim Department offStale. This Ordinance shall become cffccfive ',,,'hen a copy has been accepted by the postal of the Government of !he United States as set forfl~ in Section 125.66(3), Florit& P ssED AND DU~V ADOPTE~ ~'i0,(~aard'af Cou~hty commissi°ne= of Collier unty, FloNda. lh~day of~, 1999, '.O: ;, DWIGttT E. BROCK, Clcrk Clerk tO form a~d ~tte i~ Assistant County Attorney BOARD. ~F COUNTY fOMMISSIONERS / OF, C~3LLIER COUN;PI, FLOglDA / / / II>';~'AMeCA S, MAC KIE. Chai~'ofi~an arcdc ctcd.~> *' "5 ?~:;~!"' COmiTY OF COLLIER) I, DWIGHT Eo BROCK,:Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County,'~Fi~ida, do hereby certify that the is a true copy of: ORDINAl;CE NO. 99-29 Which was adopted by the Board of County Commissioners on the 27th day of April, 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 April,' 1999. DWIGHT E. BROCK .~' ~,. .. , ., ..: .,~ ..,..{..~ Clerk of Courzs and.Clerk'.~-~,.. Ex-officio to Board'of ,'~ . . .,~'¥; .., .~:.~.......,, County Comm~ss~oner~ .~ ', By: ; Ellie Hoffman ~t Deputy Clerk Director County Administrator Date List Attm:hments: 1) RESOLb'rlON WI'Itl F. Xih'BFF *A' 2) LIST OF ABbWIL";G PROPER'fY OWNERS ISP_L~.~__ [BIFFION IN.VFR UCTIONg A. For hearings before BCC or BZA: Inltl,qlng person to complete one copy and obtain Division [Icad :pp~m'al before submitting to Couaty blansger. Note: If legal document is In~'olvetL be sure that ,,ny necessary leg-! rtwiew, or request for ssme., Is submitted to Count), Atterney before submitting to County Manager. The er's office will dhtribu~., pies >'~d ~ ~ /q/' County Manager agenda file:. ~ ~ guesting Dblsfoa //4' Original to CIc~ k's Off~ce Initiating Division N:a:I to approve and submit original to Clc:k's Oflice. rct~ning a copy ~ file. .,. ':: ;7 COLLIER COIo,~TY FLORIDA N ~.EQUEST FOR LEGAL ADVERTI.glNG OF PUBLIC IIEARI. 'GS Normal legal ad~'enisem'eat ;' ~ E] OtJm-. ~ Wednesday. Match Petition No. (If r, oae. BLOCK E ) Patrick & Claudia Ducrt ~S009 ttlofe I) J'ohnF. S~ave 2043 TradcCe~,' 34109 (AGENT) ~} SEE LIST OF/,d3U'VIZ~G PROFERTY OWNERS., ~:',; 5 ,~ H~arin$ bcforc///I~CC BIA Ohhcr ,he. APRIl, 27"1999: 'i~;: Ne~vix,-p~s) to be tt~ett (Complex: (mi)' if imix',cant): Naples Daily Ne~s ~,*WR)E PORTIO.',/~OF'TllEtPLATI'ED:7,5 ~WIDE DRAINAGE EASEMEI¢I' ON LOT 4. III.O('K E, 'KENSINGTON PARK PIIASE 'i-WO", AS RECORDED IN PLAT BOOK 2~. PAGES 82 AND RECORDS OF COLLIER COb'N'rY, LOCATED IN SECTION 13, TOV,,~sHrP 49 $OLFI'H, P, ANG F. 25 pet:tton(s}, ifany & pr~ heating date: '. Fee inclu& adve'iSii~m? 111 Yes :' [],,oS' if Yes. v. hat acccamt should be charged ['or advcmsmg costs F~ Advertising costs, charge to: P.O. 912501 :~': List of Lot O:sncrs surrounding Patrick & Claudia Ducrr t.o! 4 ... Block E - Canlcrburx' Green Patricia Grimes 5089 Ken. tligh St. Lot. I - E - £'anterbu~~ Greens Rosemary }tobert& Jim ltammar 5085 Ken. ttigh St. Lot 2 - E - Cantcrbuo' Greens Jeff & Carol Sousa 5081 Ken. ttigh St. l.ot 3 ['~ - (_'antcrbuO' Greens William Breakstone 5073 Ken. tl~gh St. l.ot 5 Ii ('anlerbu~'l}r¢cns Richard Ray 5069 Ken. Iligh St. Lot 6- E Cantcrburv (;rccns Sussex lfomcs 5065 Ken. }{igh St. 1.o! 7 -- E -- t{ampton Row I('ante~hu~' ('}rccns} Sussex ] tonics 5061 Kcn. }tigh SI. Lot ~ - E Ilampmn Row t(.'anlcrbu~- Gcccns) Pierina Caldera 5O60 Ken. tligh St. l.ot 18- C. l lampton Rrm.' I Canterbury Greens} Dennis & Mona Alongi 5064 Ken. [tigh St. Lot 17 - C - ttampton Row ff_'anterburv Greens Charles Goodyear 5068 Ken. l ligh St. Lot 16 - C -- Canterbu~' Greens Joscph Dyer 6037 Bcp. vynd Rd. Fairfax. Va. 22030 5072 Ken. High St. I Lot Address} Lot 15 - C - Canlcrbury Greens J.Michacl Ball 5076 Ken. High St. Lot 14 - C - Canterbury Greens Robert Kratzcr 5080 Ken. High St. Lot 13 - C - Cantcrbur2,.' Green Janet ttardic 5088 Ken. ltiuh St. [.ol i 1 & 12. - C -~ Canterbury Green Slcvc Pasc ucc~ 5090 Ken. ttigh Lot I0 - C - Canterbury Green William & Shirley George 5092 Ken. High St. l.ot 9 - C -- Canterbury Green (It~LtmIl~ ~HIB NAPLES DALLY ~S · FllOM:__ ELLIE HOFFMAN 774-8406 120 April 1, 1999 Ms. Pam Perrell ~;aples Daily ~:ews 1075 CenSral Avenue ~;aples, Florida 34102 Re: Notice of Public Hearing to Consider Petition VAC-99-005 Dear Pam: Please advertise the above referenced notice on Sunday, April 11, 1999, and again on Sunday, April 18, 1999. Kindly send the Affidavit cf Publication, in duplicate, together with charges involred to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order ~o. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County~ will hold a public hearing on TUESDAY~. APRI~_33_~_$.93_~, in the Boardroom, 3rd Floor, Administration Building, Collier Count}' Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VAC-99-005, John F. Soave, as agent for the petitioner, Patrick and Claudia Duerr, requesting the vacation of a 2.5' wide portion of the platted 7.5' wide drainage easement on Lot 4, Block E, "Kensington Park Phase Two", as recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, located in Section 13, Township 49 South. Range 25 East. NOTE: Ail persons wishing to speak on any agenda item must register with the Count}' administrator prio~ 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 2 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 COmiTY COMMISSIONERS COLLIER CO~;TY, FLORIDA PA/4ELA S . :/.AC' KiE, CHA!RWO;<A2; DWIGHT E. BROCK, CLERK BY: /s/Ellie Hcffman, Eeputy Clerk (SEAL) April 1, 1999 Patrick & Claudia Duerr 1040 Chesterfield Road Birmingham, MI 48009 Re: ~:otice of Public Hearing to Consider Petition VAC-99-005 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily ~;ews on Sunday, April 1I, 1999 and again on Sunday, April 18, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 12{; April 1, 1999 Mr. John Soave 2043 Trade Center Way Naples, FL 34109 Re: Not: O~ .ce Public Hearin9 to Consider Petition VAC-~9-005 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999 and again on Sunday, April 18, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Ho£fman, Deputy Clerk Enclosure County of Collier CLERK OF THE CIRCUIT COURT CO~ COuN1~ COUg~HOUS~ 3301 ~AM~A~! mAIL EASt PO ~X 41~ ttA~ES, rLO~DA ~I01-3~ CIPCU;? COUPT COUNTY COUPr Dwight E, Brock COUNTY..PECO~[)[~ Cler~ CLEPK BOARD Or COUPJTY COMMISSIONEgS April 1, 1999 Re: Notice of Public Hearing to Consider Petition VAC-99-005 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners cn Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999 and again on Sunday, April 18, 1999o. ' You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 99- PETITION VAC 90-005 TO VACATE A £ 5' WIDE PORTION OF Ttll-] PI.ATTF. D 7 5' WIDE I)RAINAGE EASEMENT ON I.OT 4. IH.O('K 5. "KENSINGTON PARK PIIASE TWO". AS RECORDED IN PLAT BOOK 25. PAGES 82 TtIROUGll 83. PUBI.IC RECORDS OF (,OI.I.[F.R COL:NTY. LOCATED IN SECTION 13. TOWNSIIIP 49 S¢)UTII. RANGF. :5 EAST WIIEREAS. pursuant to Section 177 IOI. Florl&',. Statutes. John F Soa~c. as agent for tile pctlt,oncr. Patrick and Ctaudm Duerr. docs hereby request thc ~acat,on ora 2 5' ~dc pomon of the platted 7.5' v. ide Drainage Easement on l.ot 4. Block E. a¢cord,ng to the plat of"Kcnsmgton Park Phase Tv, o" as recorded m Plat lk~ok 25. Pages 1¢2 through ~3. Pubhc Records of Colhcr County. located in Section 13. Tm~nship 49 South. Rnnge 25 East. and WIiEREAS. thc [k'~ard has thls da.,., held a pubhc heanng to consider vacam~g smd Drainage l~mm~ as more fully dcscnN'd ~lm~. and no,cc of~d pubhc hearing lo ~acate x~x~ g~vcn ~ required by la~, ~d %'IfEREAS. thc granting of the vacation ~11 not adversely affect the m~ncrship or right of c°nvcnicnt access of other property m~ncrs NOW. T~IEREFORF. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSI¢)NERS OF ('OI.I.IER ('OUNTY. FI.ORIDA. that the follov, mg be and ts hereby ~,acatcd Sec ExhiNt "A" atlachcd hcrclo and mcorlx:,taled hcrcm L'IE FF FUR'F! ]ER RESOLVED. thai the Clerk to the Board ~,~ hereby &rectcd to record a cemlicd copy of this Rcsolutmn in thc Official Rccotd.~ of Colhcr Counb. Florida..'md to make proper notatmn of this '.aca,on on the recorded plat as referenced abo,,e This Resolution adopted after mo,on, second and majont.v ',o~c fa~onng same. DATED: ATYEST: BOARD OF COUNI'Y COMMISSIONERS DWIGIFF E. BROCK. Clerk COLLIER COUNTY. FLORIDA BY: PAMELA S MAC'KIE. Chairwoman Approved a~ to Ibrrn and legal sufficieno..': Heidi F. lshton Assistant County Attorney S K E TCH 0 F NOT A DESCRIPTION SURVEY 60' HIGHTRA GSTTT~E'T RIGHT-OF-WAY I']xhibil "A' Shcc! 2 of 2 VAC 994)05 POINI OF COMMENCEMENI NORTHEAST CORNER LOT 4% 10' UTILITY POINT LOT 2 10' DRAINAGE 10' BUFFER EASEMENT OF BEGINN 2.50' EASE TO BE VAC LOT 3 7..5' EASEMENT EASEMENT --S 00'34'~1"E 50.00 NG MENT__ ATED LOT 4- NAGE EASEMENT N 00'34'51" 2.50' N 50.00' W t- I LOT 5 LOT 6 7.5' DRAINAGE E~ ,SEMENI UNPLA TIED McANLY ENGINEEF, TENNIS CENTER 58-62 Ex)~ihit "A" KETCH OF DESCRIPTION KENSINGTON" PARK PHASE TWO PLAT BOOK 25. PAGES 82-83, COLLIER COUNTY FLORIDA LOT 4, BLOCK E' ' ~epLes, FL 3&102 N~ple~ DatLy Ne~ REFERENCE: O0qZ30 9IZ501 State of Flortda C~ty of Co~Lter 4n Cottter C~ty, fiordS: t~t t~ Ittac~ c~ of ~ert~st~ wes ~ttsh~ tn set~ ~s~r ~ ~tes ~tst~. Afft~t furt~r says t~t t~e said N~es D~tty Cottter C~ty, FLora~, ~ tMt the .id ~r Mm h~retofore ~ c~tt~sty ~Lt~ an ~td ~ttter C~ty, Ftort~, flc~ Cottter C~ty, Ftor~, for a ~r~ of 1 yea- d~s~t, r~e, c~tsst~ or re~ for t~e ~r~t Of teCur$~ thtt ~ertt~t for IqJILISN£D C~: 0/,/'11 AD SPACE: 95.000 fILED (:w: 0/./12/9.') Signature of Affiant NOT~CE OF ~, ~a ~ a~f~ ~l~ ~ T~AY ~ ~t T~', ed tn ~ 13, T~. E~. Per~$ wflhlng to o ~M 3 ~ ~ ~ o m~ ~c ~1~ ~ ~1. Any ~ ~e COLLIER COUNTY, ~L~OA CHA~W~t~ OWIGHT E. BROCK, CL~K B~/~/Ee~ ~, COLi~IEi{ COUNTY I.ANI) DEVEI.OI'MI-;NT CONSTt{UCTION AND bGMNTENANCE AGREEMENT I.'OI{ SUIH)IVI.HION IMPRO~MENTS Tills CONSTRU~ION AND MAINTENANCE AGREEMrNT FOR SUBDIVISION IM. ['ROVEMENTS enter~ in~ th[a ~. ., '"__._ day of (.~ 19 ~ between of Colher County, Florida, herinafter referr~ to ns the "Board" RECITALS. A. Develo~r h~, simul~n~usly with the delive~ of this A~eement, applied fl~r the approval by the [~nrd of n ee~in plat of n su~ivision to ~ known B. Division ~.2 of the ~llier County ~nd ~velopment C~e r~uirea the Developer ~st appropriate ~nrnn~s for the const~ion of the lmprovemen~ r~quircxi by visio~ re~lations, ~nid ~nn~s ~ ~ inco~rnt~ in a ~nded a~ment for the construc- tion of the requir~ improvement. NOW, THEREFORE, in ~n~ideration of the foregoing premiss ~nd mutual covennn~ herein~r ~t fo~h. Develo~r and the ~ard do hereby covenant ~nd n~ aa follows: 1. I)eveio~r will ~u~ ~ ~ ~nst~cted- within . C months from the data of approval smd subdivision plat, said improve- meats hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (at- tached hereto ~ Exhibit "A" and by reference made a part hereof) in the amount ors .' -.;, ~ which amount represents 10% of the total con- tract co~t to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this A&n'eement. .3. ]n the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land De- ve[opment Cxxle, Collier County. may call upon the subdivision perfor- m~{nce security to insure satisfactory completion of the required improve. 4. The required improvements shall not be considered comp[ute until a state- ment of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director fi,r compliance with the Collier County L~md Development Code. $. The Development Services Director shall, within sixty (60l days of receipt of the statement of substantial comp]et ion. either: a) notify the Developer m writing of his preliminary approval of the improvements; or b} notify th~ Developer in writing of his refusal to approve improvements, there- with specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. I[owover, in no /,DCA:lO AI'I'ENDIX A-STANDARI) I,I':(;AI. l)t)('L;,\lEN'l ,~ event, shall th(: Development ServJc(,s l),rect.r refuse preliminor), proval of the improvements if they ~sre ii: filet constructed and submitted for approval in accordance with the requirements .f this Agreement. 6. The Developer ~hall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Ser- vices Director. After the one year maintenance period by the Developer has terminated, the Developer 8hail petition the Development Services Director to inspect the required improvements. The Development .Ser. vices Director or his designee shall inspect the improvements and, if fimnd to !~ still in compliance with the Collier County l.and Development C~,de as reflected by final approval by the Board. the Board shall release thc remaining 10% of the subdivision pcrform,~nce security. The Devel- oper's responsibility for maintenance of the required improvements shull continue unless or until the Board accepts maintenance re~.ponsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Develop. meat Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the pr.jeer records necessary for re- view by the Development Services Director. 7he Development Services Director may grant the request for a reduction in the amount of the ~ubdivision performance ~ecurity for the improvements completed aa the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Ad. ministratnr may call upon the subdivision performance security to secure satisfactory completion, repair nnd maintenance of the required improve. ments. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursu.ant to public advertisement and receipt and acceptance of bids, the irnprovcments required herein. The Developer. as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board. upon completion of such construct/on, the final total cost to the Board thereof, including, but not limited to. engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to f. lfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Devel.ix~r and the respective successors and assigns of the Developer. IN WITNF~SS WIIEREOI.', the Board and the Develo~.r have caused this Agreement to be executed by their duly authorized reprewntatives this ~. ' '"' :Jay of ...... ~: _~_t_ _. 19 ii:~ '. S~p9 No I LDCA:ll COI.I.IER COUNTY I,AND DEVELOPMENT CODE Printed or Typed Name ~ ATTEST: I')..WIGIITE. BROCK, CLERK Approved as to ~rm and i~gal'iufficiency: By: ?j A~'.t. ;', .~ ' / { Devel~pffr Namel Printed or Typed Name -" ~'C'.; ,~'- ,'-;r ,:~..'5<~ i~., ,~tq--l. C , ,: t'. ,'~ Title t BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA · . ~ ,,) ) /:,,/ / By: / '"/ f / / ,' ,~,', Count),, Attorney I,DCA:12 ORTHBROOKE DEVELOPMENT, LTD. Utilities Acceptance Cypress Woods Single Family (Jasmine Lake) - Phase I - S/D 98-18 FP 98-32 Utilities Performance Security - Bank Check for $20,376.00 C ¢' ,"' ~nt LTl) ORiSRR ']~''7'~ Collier County Board of Ccrmmtaslonera ** }~rch 25 5 0 Z, "7 oozs O0 ers DOLI.ARS vo~o AFTIEI~ 1~0 DAYS 3390h 1999 a*$20. 376.00aa 4158 LORRAINE AVENUE ADMINISTRATIVE OFFICE NAPLES, FL 34104 (941) 643-5053 FAX (941) 643-5137 ('ERTl FIEI) I,IST ()F INS'I'AI,I,EI) 3I,.\TF~RIAI,.~ SYSIEM NAME: ('),press W,x~ds Single Famdy {Jasmine l,ake) - l'h~e 1 Match 23, Roadway I1¢111 [ )¢vdfJptlO[I .'";I/'¢ ()uafJtfty I 'flit [ 'mt I'rJ,.c 2 O" lnmcr,~k 4,010 SY $4.75 S19,076,(~1 3 12" Slabd~zcd Subgradc 4,536 SY $1.90 58,618.40 4 2' Valleytlu~tcr 2,115 I.F 55.~) SI0,575.00 5 5'S~dct~alk 1,592 l.F 57.50 $I 6 3'4" A~phah ~}'mal l.dB a.OI6 NY 51.~,~ '1 ~ 1 Al. R~ )AI)~t AY ~ {INS/Rt'~' I I~N 563,261.40 I I)O i lI~RI..'IIY CF.R'I'IFY I IIE ABOVF. IIESCRIilEI) LIST OF MA'I I.~RIAI.S, QtIANTI'I lES ()f, MATERIALS, KINDS OF MATERIAl.S, INCI.UI)ING INSI'ALI.AI'ION AND Aid. COSTS AS INSTAI.LI:I), TO BI.' COMPI.i,YI'E, 'I'RUF. AND ACCURATI,~ TO 'HIE BEST OF MY KNOWI.EI)(iF. AS i'ER FINAl. PAY I:S'HMATE AND/OR AI.I. INVOICES OR S'! ATEMI'~N1S OF {il5' OR FROM) 'I'tIIS CERI'I}-YING CONTRAI~'I'OR AND AS I'ER 'HIE I'ROJE(TI' AND/OR i~ESI¢iN F. NGINEERS CERTIFII'!I) RF.¢'t ~RD I)RAWINGS OF 'I'IIIS S5'S'[I~M AS I)I!S('RIBi!I) 115' NAME SIIOWN, AS ()F 'fills I)A'I E. PersollaJly Known, Nv, & Subscribed B¢lbr¢ Mc 'l'hl~ ~ Day Of (NoraO' l'ubhc gign~turc & sca~ ('crtd}mg: Naples Road Budding NORTHBROOKE DEVELOPMENT, LTD. MEMO TO: FROM: DATE: SUBJECT: SHIRLEY NIX JESSICA CSABON MARCH 26, 1999 JASMINE LAKE UTILITIES BOND AMOUNT Please reference the attached contractor's certified cost lists for sewer, water, and roadway facilities in Jasmine Lake at Cypress Woods. The bond amount is based on ten percent of the total cost of sewer and water plus ten percent of the total cost of the roadway, excepting the final lift of asphalt, which was bonded 100%. Please see the following breakdown: JOB TOTAL COST BONO AMOUNT Sewer $56,300.00 55,630.00 Water 525,914.49 S2,590.00 Roadway S56,735.40 S5,674.00 (less final lift) Roadway Final Lift S 6,526.00 S6,526.00 TOTALBOND $20,420.00 cc: John Houldsworth ADMINISTRATIVE OFFICE 4158 LORRAINE AVENUE NAPLES, FL 34104 (941) 643-5053 FAX (941) 643-5137 irrevocable Letter of Credit No. 99040501 April 5. 1999 Collier Count:},' Board of Commissioners c/o Office of the County Attorney 3301 East Tamiami Trail Naples, FL. 34112 Gentlemen. We hereby open our Irrevocable l. ctter of Credit No. 99040501, in your favor, in tile amount of One Hundred Sixty Five Thousand Two )lundrcd Thirty & 53/100. Dollars (.$165,230.53). available by your drafts, drawn on us, for the accouut of Madisot~ Development Corporation 4100 Corporate Square Boulevard Suite 118 Naples, FL. 34104. Drafts Drav,'n hereunder must be marked "Drav.'n Under Community Bank o F Naples. N.A. Irrevocable Letter of Credit No. 99040501" and must be accompanicd by the following document(s). A statement, purporledly signed by tile County Administrator, that "Madison Development Corporation has failed to construct, and/or maintain, the improvements associated with that certain plat ora subdivision known as Madison Estates, or a final inspection, satisfactory to Collier County, has not been performed prior to the date of expiry. and satisfactory, alternative performance security has not been provided to, and formally accepted by, the Beneficiary". This Lctter of Credit sets forth, in full. all tcn~s anti conditions of the credit. We hereby engage with you that all drafts drawn under, and in compliance with thc terms of this Letter of Credit will be duly honored by us when presented to our offices located at 5150 Tamiami Trail North Suite 100, Naples FL. 34103. (continued) (941)649-1500 (941)649-1411 FAX 5150 Tamlami 'Trail N.. P.O. Box 413009. Naples. Florida 34101-3009 ~ ¢ommunlt yha~lkc~naptt~ corn Page two: Community Bank of Naples, N.A. Irrevocable Letter of Credit No. 99040501 This I.etter of Credit will be valid until April 5, 2000. and shall thereafter be automatically renewed for successive one year periods on the anniversary date of its issue, unless sixty (60} days prior to any such annivcrsar)' date. we notify you. in writing. by registered mail. that we elect not to renew this Letter of Credit. This Letter of Credit is subject to the Uniform Customs and Practice for Documcntao' Credits (1993 Revision) of the International Chamber o f Commerce Publication #5~'XJ and all amendments thereto. E. Ann Padr,~n, Vice President Executive Vice President 8.: Senior Lending Officer Corporatc Inquiry Menu -'FI6ridfi Divisi°n of ilcorP°rate'inquirY Menu: -' Page I of l Corporations I Please select an inquiry type from the list below, then enter a" Public Access isearch key in the search field. Press SEARCH to begin the search. !];llM: P98000024985 ST:FL ACTIVE/FL PROFIT FLD: 03/16/19 · MADISON DEVELOPMmUr CORPORATIOn! C Ofr~IReg~e4~Name~PRINCIPAL~ 5207 DAVIS BOULEVARD ADDRESS ];APLES, FL 34104 Reg~t~edAgem~ame RA ~AME : GORMAN, JAMES ~ ~ Tradema~ Om~e~ t~ame ~ FEI Search String: I ADDR : 5207 DAVIS BOULEVARD ]ZAPLES, FL 34104 REP : * NONE FILED * HomePage ~ Officera ..... THIS IS NOT OFFICIAL RECOP~D; Document ImaDe SEE DOCUMENTS IF QUESTIO http'./..Jcorpwcb.exc?radCorSearch=CORICHR&Mcnu=COR&txtSearchString=P9800002498 4/12/99 Corporate Inquiry Menu -FI~SHda Diglsion Page ofl i:Corporate Inquiry Menu: Corporations i Please select an inquiry type from the list below, then enter a Public Access ~search key in the search field. Press SEARCH to begin the search · ~ ~1 ZZl ~ O~FICER/DIRECTO~ -DETAIL -SCRE --- :C R · ~ .... , 0 P ~GI'~I~.R. ~98000024985 CORP NIkME: MADISON DL;%rELOPMERT CO 0 FEI Search String: ~,~cument GORMA~;, JAMES H 717 GALLEON DRIVE NAPLES, FL 34102 NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTIO , .../corpwcb.cxc?radCorScarch=CORICHR3&Menu=COR&txtScarchString=3&CorichrData=P9 4/I 2/99 CONSTI{t;CTION AND MA INTENANCE ,.\C, REE.Xl IM PROVE.M EN"I'S l-IHS CONSI'RUC[ION AND MAINTENANCE AGREEMENT I'()R SI..;BDI\"ISION Dcvclepmcmt ('o~m~tion. the pro~y own~. hcwcinaficr retched to as "[)cvdopcr". and Board of County ('ommission~ of('ollic~ Count)'. Florida, h~dnal'tcr rclb~cd t~ as "Ibc RE.~L5 I. Dcvclopc~ has. simuhan~usly with thc dclix cD' of this Agrct'mcnt. applied fi~r approval by thc t5~ard ofa ccmdn plat ofa subdixision to bc kno,,vn Madison 2. Di~ismn 3.2 of thc Collier County Unilicd l.and t)c~dopmc, nl ('o~ic requires thc Dc~'cio~ to D~I appropfialc ~uaranlc~ fi)r tile ~'onstmctjon of thc improvements required by said suNtivision regulations, said guarantc~ lo bc incoq~rat~t in a Nmdcd agreement lbr thc constmcli~,n oflhe required impro~ NOW. 'iIIEREFORIi. m t',m~idcralion of linc IbrcDdng prcmist5 arid mulual hcYeinafit~ scl Ibnh. l)c~ eh,pt~ and lhe Board do ht~ebv covenant ilrld agree as fi)llows: 1. Developer ~,,,'ill cause Io be construclc, tl: N~tablc ~t'atcr system, sanitary sewer syslcm, drainage, grading, pa', lng anti miscellaneous infraslruclurc as ~mtlincd in t!nginccr's Estimate (attached htYeto it,; Exhibit "A" and by retert.'ncc made a pan hcre~d) within 36 from the date ol'appro,.'al of.,;aid subdivision plat. ~;aid hnprovcmcnts hereinafter relk'rrcd to as thc required improvement~. 2. Dc'~'clopcr herewith ten&rs its subdivision performance sc. curily (attached hcrclo as Exhibit "B~ anti by reference made a p;.trl hcl'co0 in thc amoun! of $165.230.53 which amount reprc, senta l ¢~ ;, of thc t.tal contract cost to compldc construction pitts I (}(1'~ ;, of thc cstim::te c..;t to complete fl:c required impr.x'cmcn:.~ plu~, thc lake cxcax alion pcrf. r:mmcc ,~ccuritv :~t thc dmc this Agrc(:mcnl. 3. In thc ex imf ofdcfimh by the I)cvclo~r or l~ilurc ~,fthc I)cx ch,per to complete such improxcmcnts ~ithin thc lime required by thc I.and I)cxclopmcnt (%lc. C~,llicr (,,unty. x~tlcn mqicc I~, i)cxch,pt~, may call u~,n thc subdi~isi.n pcrtbmmncc security I~ satisf~cl~,n' ~r ~,mplcti{,n ~,f thc rcqui rent irnpr~,x 4. ['he required improvcmcnl~ 4~all nt,! be c.nqtk, cd complete until a stalcmcnt substantial om:plcli,m by I)cx'ch,~.'~ cnginctm ah,ng with thc linal pn0cct recitals h;:xc bccn fumi~hcd t,, be rex icwtal and appr,vcd by thc l)c~ch,pmtml Se~ ice~ Ihrcct,r liar complimwc with thc ('.ih[* (',,un:~ I.;md I)cx ch,pm~l 5. [he I)cvch,pmcnt S~iccs l)ircd.r shnil. ~vHhm ~ixtv ¢60} (taw (ff receipt t,l' thc statement t,J'-ubqantt;d OqBj*JCtlOrl. either: ;~) n, qiI)' thc {)c~cl~,pcr in x~rit~r~g ~t' Ifi~ approval of thc improvc~cnts: ~r bi noti$' the I)cvch,~. in wriling .f his rclhsal to approve improvtm;cnls, thcrcxvHh ~'ci$'ing Ih.sc c~mditi~,n~ which thc I)cvch,pcr :nust l~llil] in ~,rtlcr obtain the Dircctt,r's appn~x,fl of thc inlproxcmcnls. Ik,x~cx ct. tn n,, cxcnl shall thc I)cx ch~pmcnt Sc~iccs Dircct.r rclhq¢ prcliminaD' apprt,xal ~,f thc impr-x cmcnt< it' they arc in lhct ~d submitted li)r appr, )raj in accordance x~ ith thc rcqmr~nncnts ()f this Agreement. 6. Thc l)cxch,pcr ~hall m;dntmn all rcxltJircd improvements fi)r a minimum pcri,(I ()f (,nc >car ;sficr prclimim~D' approxal bx the Development Sc~'iccs Director. After thc ()nc x'c~r mainlcna::cc ~'fi,.d by thc Dcx cl()p~, h;t. terminated, thc Dc~ eloper shall pcliti()n thc Dcvcl.pmcnl Sc~'icc.'s Dircct,,r to m,qx.'ct thc required improvcmcnts. 'Ibc l)cvch,pmcnt Sca'icc, I)ircct,,r ~,r &signet ~hall in>peet thc improxt~t~Is, and. if fi,und t- bc still in o,mpliancc ~t'ilh ('oilier ( l.and Dcxci,,p:zcnl ('~,de ii, reflected by final approx al by thc B,,ard. thc l~,ant ~.hall release rt~aining Iff',, ol Ibc ~ubdi~t~ion ~rlormancc security. 'Ibc t)cxch,pcr':, rc~p~msibilitx I~i~mlcn,lncc ~,~ ibc required inlpro~ements 5hall continue u;~le,- ~,r u~;l~l thc l~,artt main:chanCe rc,~,n~hility fi~r and by thc 7. S~x (6j :n~,nth, alicr Iht cxccum,n of lhi~ Agrc~ncnl and ~,ncc x, ~lhin c~crv monlh~ tht~caf'.cr thc l)cxcJo~'r may rcqucxl Ibc l)cxcl~,pmcnl Sc~icc~ I)trccl,,r I~, rc, lt~cc d,,Ilar arno,ual of Ibc ,ubdivi4on pcrlbnnancc gccurit>' ~n l}:c b,l~is ~,f xt'~rk complctcd, l'.ach stalcmcnl of sub~tanllal compkaion by thc l)cxcl,,~'s cmginccr t~gcthcr x~ifi~ Ibc pro cot nccc~a~? for rex ~cx~ hx thc Dcxch,pmcnl Sc~ icc~ l)lrc~'t~,r. 'lhc [)ex c,,p n~ut Sc. tx icc'x I )ircc~, may grant thc rcquol fi,r rc(luct,,n in IJle am(,unt (,f thc ~uhdix i~t()n pcrfi~nnancc sccmilv li,r thc ialpr()x cmcnt~ c,,:::plclcd ;s~ ,,f thc date ,t thc rcquot. I:: thc CXClli Ibc l)e~rgljq~gr shall lit~l ~,r ncglcct t,, iullill ils (,bll.,fl~,.,' ()ns un(itt Agreement. tl~Jl ct~ification of ~uch failure. Ibc ('otlrlly .Xdrni~i.lralor may call up, m thc rcquirc, t ,~pr,~,.crncn~s. 'lbo Board -bali haxc Ibc right ~,, c()rl,lruct and l]lalrltalrl. (,r cause t,, bc c()n~tmclo] (,r maintained, pur~uanl t(, public atlxc~cn]cnt and receipt and ;ICCVpI;t~lCC t~l bids. thc improx'cm?cmls required ht~cm. Thc [)o',el,per. a~ principal under Ibc subdixisi()ri pcrti)rmancc security, shall be liable h) pay and l,~ indemnify thc ll()ard, upon c(m~plcti(m ,,f such c(,nstrucli()n. lhe linal total co~t to the Board lhcYta~l~ including, bul n~,l limilcd Io. cnginccnng, legal ami contingent co~I~, together x~th a~l~ damages, c~lhcr dirccl ~,r co~lscqticntial, x~ }lich Ibc lg~,ard may 3 lg 2 sustain (,n accounl of the failure of the Dc-.'elopcr to carry out all of the pr(,vis.m~ of lhi~ IN WITNESS WI t I:'RI!()F. the Board and the l)¢x eloper hax c eau-cd ~lii~ .A,.,_,rccmcnt., hc executed by lhcir dui, aulh,~,q/cd rq,rc, cnlativc., thi~---~")~/~,y ,4 '...._.,~o~..~ . 19',', Signed. ScAcd and l)cl:~ crc, t {I1 thc procncc ,,? l'nnlcd Narnc Wiln¢~ Printed Name ATTEST: I)WIGiiT £. BROCK. Clerk :lttes't: tn C l an's ,Opproved a~ to 10nn und legal ~ufficwncv: David Wcigcl Collk~ Courtb' Am,n~cs' 16 EXlilBIT "A" ENGINEER'S E.~'I'IMA'i'E ()F PR¢)BAllI.E CONSTI,~I'(,I'I()N ('().',;'1' I1. Ill. IV. Potable Wat~:r Systcm Tolal (Jon~lruclion Co~l 1 I0~$ of Total Con~t~clion Cost I~xcavafi(,n l'c~fi)nnancc Sc<ufity Total I'erfi~rmance Security % 17.502.~ $ 55/,35.30 $14o.230.53 $165.230.53 ! ~ 1 1 'rfd ~'~3: 24Pt1 F-~ CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AN~D. M4M. ~ANC~G~EME~T FOR SUBDIVISION I,~ff'ROVEMEqTS entered into this~dQ~tJ COLLIER DEVELOPMENT CORP.. a Florida corl~oration., l~re'~na~-~r'~e-~erir'~ ~o ns Developer ', and the Board of County Commissioners of Collier County, Florida, hereinafter referred to ay. "The Boa.rd". RECITAl. S: ti,. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by thc Board ora certain plat of a subdivision to be known as: RIVERCf tASE SHOPPING CENTER FIRST ADDITION. B. Division 3.2 of tl'~ Collier County Land Development Code requires' thc Developer to post appropriate guarantees for the coition of the improvements required by said subdivision regulations, said guarantees 1o be incorporated in a bonded agreement for thc construction of the required improvements. NOW THEREFORE, in consideration of thc foregoing premises and mutual covenants hereinafter set forth, Developer and thc Board do hereby covemmt and agree ns follows: l. Developer will cause to be cort,;tructed: sanitary ~wer collection ~ystem. roadway and dxalnage system within 36 months from th~' date of approval of said ~&tivision plat, said improvements hereinafter referred to n.~ the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A' and by reference made a part hereoF) in the amount of S.. tb.-9_~_3_Z.5,. 21 which amount represents 10% of thc total contract cost to complete construction plus 100% of tl~ entixe cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer or £ailm-e of thc Developer to complete such improvements ~Sthin the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required impmvemcnts shall not be considered complete until a statement of substantial completion by Dcvcloper's engineer ala, ng with final project records have been furnished to be rcvicwed and approved by thc Development ~rvices Director for complianc, e wi~h th~ Collier County Land Dcwclopmcnt Code. 'Ibc Development Sen'ices Director shall, within sixty days of receipt of thc statement of substantial completion, either: a) notify the Developer in writing of its preliminary approval of the improvements: or b) notify the Developer in writing of his refusal to approve impmvcmcr~ts, therewith specifying tho~ conditions which thc Dcvelopcr must fulfill in order k) obtain the Director's approval of thc improvements. I Io,.vcvcr. in no event shall the Development Sen'ices Director rcfu.~ preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. Thc Developer si'roll maintain all required improvements fi~r a minimum period of one .,,'ear after preliminary appros'al by thc Development Sen'ices Director. After the one )'car maintenance period by thc I)cvcloper has terminated, the Developer shall petition thc Development Scrviccs l)ircck)r to inspect thc improvements. 'Ihe l)cvclopmcnt Services l)ircctor or his designee shall inspect thc improvements and. if found t~) be still itl compliance with Collier County l.and Development Code as rcflcctcd by final approval by thc Board. the Board shall rclca.~ thc remaining 10% of thc subdivision performance security. ]'he Developers responsibility for maintenance of the required improvements shall continue unless or until tile Board accepts maintenance responsibility for and by thc County. Six (6) months after thc execution of this Agreement and once within every six (6) months thereafter the l)eveloper ma.,,' request tile l.)cvclopmcnt Sen'ices Dircx:tor to reduce the dollar amount of the subdivision performance .security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Sen'ices Director. The Development Sen'ices Director may grant the request for a reduction in tile amount of the suNlivision performance security fi~r Ibc improvements completed ms of thc date of the request. In the event the l)eveloper shall fail or neglect to fultill its obligations undcr this Agreement. upon certification of such failure, thc County Administrator may call upon thc subdivision pcrtbrmancc security to secure satisfactory completion, repair and maintenance of the required improvements. Thc Board shall have thc right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids. the improvements required herein. Thc Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board. upon completion ofsuch construction, the final total cost to the Board thereof, including, but not limited to. engineering. Oo legal and contingent costs, together with any damages, either direct or consequential, which the Board ma.,,' sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All ofthe terms, covenants and conditions herein contained arc and shall be binding upon thc Dcvclopcr and the respective successors and assigns of thc Developer. IN WITN'ESS WIIEREOF, the Board and the ~evclppcr have cau..~d this Agreement to be executed bt, their dui.,.' authorized representatives this ~ da.,,' of~. 1999. SIGNED. SEALED AND DELIVERED IN TI ]'E PRESENCE Of:: , Printed Na}ne: Printed Name: A~ES T: DWIGttT E. BROCK. Clerk legal suflisieqcy: COLLIF. R DEVEI. OPMF. NT CORP. By: J~sidcnt i'iOARD OF COUNTY COMMISSIONERS OF COLI.IIiR COI;NTY. FI.ORII)A ~ David C. Weigei County Attorney 01-3;;/'9 doc NclflonsUank 16A !tATI OIISBAI;K, '.;. A. APPLICANT: COLLIER DEVEU3PMEIIT CORF'C~RATI 3003 TANIAMi TRAil, NORT~I, ',:~l[".'i.: 4gO I;APLES, FL 5410:3 WE HERE!%Y AMEI!D TIlE ABOVE REFEREUCED STANDBY I.ETTER OF Ct{EDiT A:; '.,-',3:.2:. ~',;S: ..A,,.' NOW TC~ READ A.:,. COI,[,] Ek r,:.'x;;';' .......... ,r.,,, CORPORATION · ,£J..U/l~-,I~o REQUIRED" PARAGRAPH, TIlE NAME " ~., ,~-.;-.. 2 ....... " EJn~JP,,m, ~ i ~)~.r.,Eu AND tS REPLACED WiTt[ COLLIER DEVEI.OPMEUT 3. AI.?~) i~: TiiE ".r:.~)CUMENTS REQUIRED" PARAGPJ~Plt, THE SIIBD]VISION If, R~:P~ACn,~ Wi'fIl "RiVI'.RCIiA.:~ SitOPPIt:G CEt,,f,:~ FIRST ADDITiO~I" ALi. O'I'}IER ....,,'-n,"-,= U,tCttA, IGr_D.' ' ' "Ti{IS IS TIlE OPERATIVE Ib.,~ RUI4E,,T WI{ICii FOi~4S A~" INIEaRA~," G' ' PART OF LE'~ER OF CREDIT t;O. 97S7,t2 AND SiI(~Ui,D BE ATTACt]ED TiIEREq'O. FOR A~,oI~AI,C.E ..... PLEASE CALL CUSTOHER SERVICE AT 214-209-068.5 AUTIIORIZED SIGNATURE [IATIOIISBA!IK, tl.A. Nationsl (2nE[ NATIONSBANK, I'~.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. 973742 ISSUER; NATIONSBANK, HA. ,(HEREINAFTER 'ISSUER') 901 MAIN STREET. 9~ FLOOR DALLAS, TEXAS 75202 DATE: MARCH22, 1999 PLACE OF EXPIRY: AT ISSUER'S COUNTERS. DATE OF EXPIRY. THIS CREDIT SHALL BE VALID UNTIl. MARCH 11, 2000, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE. THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: COLLIER DEVELOPMENT CORPORATION (HEREINAFTER 'APPLICANT') FOR THE ACCOUNT OF CROSSPOINTE DEVELOPMENT, INC. 3003 TAMIAMI TRAIL NORTH, SUITE 400 NAPLES, FL 34103 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER 'BENEFICIARY') 2800 NORTH HORSESHOE DRIVE NAPLES. FL 34104 ATTN: MR JOHN HOULDSWORTH AMOUNT: $169,375 21 (U S ) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: NATIONSBANK, NA. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: 'CROSSPOINTE DEVELOPMENT, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS RIVERSIDE COMMONS OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY. AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY'. DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: 'DRAWN UNDER NATIONSBANK CREDIT NO. 973742 DATED MARCH 22, 1999.' THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS. IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. NaflonsBanl PAGE 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER 973742 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED. AMENDED. OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSU£R IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION). INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FOR ASSISTANCE PLEASE CALL CUSTOMER SERVICE AT 214-508-0685. NATIONSBANK. N A. BEN C(~RTES ASSISTANT VICE PRESIDENT COLLIER COUNTY LAND DEVELOPMENT CODE 16/1 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION ANO MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEM_.EI~TS PRIOR TO RECORDING OF PLAT AGREEMENT entered Inlo Ihis ~ day of ~ 19g~;~', between Peggy Bradley, Cynthia A. Roddguez and Angel Rene Rodriguez, hereinafter referred to as "Developer,' and the Board of County Commissioners of Colher County, Flonda, hereinafter referred to as the 'Board.' RECITALS: Developer has, simultaneously wflh Ihe delivery of Ibis Agreement, applied for the approval by the Board of a certain plat of a subdivision Io be known as: iH S lNG WOODS 2 Division 3.2 of the Collier County Land Development Code allows the Developer lo construct the sm~ovements requrled by said subdivision regulations p,-lor to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covanents hereinafter set forth, Developer and the Board do hereby convenant and agree as follows; 1. Developer will cause Io be constructed: a 14 foot wide limerock surface access ddve and relention swale within 12 months from Ihe date of approval of said subdivision plat, said improvements hereinafter referred Io as Ihe required improvements. 2. Developer herewflh agrees to construct said improvements pdor Io recording said subdivision plat and the Board of County Commissioners shall nol approve the plal for recording unlil ~id improvements have been completed. 3. Upon completion of said Improvements, the Developer shall lender its subdivision performance secudty in the amount of jEffrey.which represents lea percent of the contract cost Io complete construction. Upon receipl o! said subdivision performance security by the Development Services Director, the developer may request the Board ot County Commiss~one~, to approve the subdivision plat for recording and grant preliminary approval of said plat The required improvements shall nol be considered complete until a stalemenl of substanlial completion by Developer's engineer, along with lhe final project records, have been furnished Io be reviewed and approved by lhe Development Services Director for compliance with lhe Collier County Land Development Codo. The Development Services Director shall, within sixty (60) days of receipt of the statement of substanlial completion, either:, a) notify Ihe Developer In writing o! his preliminary approval of Ihe improvements; or b) notify the Developer In writing of his refusal to approve the improvements, Iherewffh specifying those conditions which the developer must fulfill in order lo obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvemenls if they are in fact con.structed and submitled for approval in accordance with the requirements o1' this Agreement 6 The Developer shall maintain ali required improvements for a minimum pedod of one year after preliminary approval by the Development Services Director. After the one year maintenance pedod by the developer has terminated, Ihe Developer shall petition the Development Services Director to inspect the required Improvements. The Development Services Direclor or his assignee shall inspect the improvements and, if found to be still in compliance wflh the Collier County Land development Code as reflected by final approval by Ihe Board, the Board shall release the lea percent subdiv~on performance secudly. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fall or neglect to fulfill its obligations under this agreement, upon certification of such failure, Ihe Counly Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required Improvements. The Board shall have the right to construct and maintain, or cause 1o be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable Io pay and to Indemnify the Board, upon completion 0'[ such construction, the final Iotal cost lo the Board thereof, IncJudlng, but nol Ilmiled to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer Io fulfill all Ihe provisions of this agreement APPENDIX A ~STANDARD LEGAL DOCUMENT6 8 U ol h II, tM. ~,;~-~'~IL~ ~ ~ h~mtn cOnlain~ a~ a~ shall ~ ~i~ u~n the ~ ~ ~ ~ ~m a~ ~ ~the IN ~E~ ~~; I~ ~ I~ ~ ~el~f ~e c~ta Ro~u~z i) · ATTEST: t ," · ~: ;' . . DWIGHT El BIfF, K. CLERK · ~' , t - - -.~ ~-~ ~. ~.~2.~,02: ~. ~o.~,0~, ~.~: Om. ~o.~2~ eOARD OF COUNTY COMMISSIONERS OF ? / / . ' Pafnela S. I~c'Kie / O~ic~.nn / Rttest as to Chatr~n's sl~ature onl]. RESOI.U'HON X(). 99..2j.~ Rt:N(II.[r! ION AI'I [I()RIZIN(; I. IN..x,l A( '('I;P'FANCI! OF TI lOSE R(.b\DW..XY. [)R.\INAGI:. WA'I liR ANI) IMPROVI~MENiS IN SII!N'N.A .,\1 Se)UTI IAMI'rON. RlS[.l!,\.%[-.' ()F 'I I1 I. M,.M N'I'F.N..\N('[! SI!( '{rRl l Y. ANI) ..\{'( 't:P l IN( i 'I tie .M;'~ IN'I liN:'~ N( RI )AI)WA'i'. I)RAINAliF.. WA'I [..RANI) 5, I:\VI:R IM PROV [!MI:.N'I'S '1 [ |AT [}E MAINTAINF. D BY TI IE IIOMI:()WNFRS ASS¢)CIATION. WI tl!Rli.-\.$. Ibc Board ,d'('i~tull'v ( 'Olllrlll'.,si~tlcr.,. of( 'oihcr ('*mnlS. J'Mrida. on ()cloh.:r J. J 1,'.. apprn',cd Ibc plal of NiCIlllil ill .~nlllJl;llllploll J;~r rcc,,rdmg: and and as required by thc l.and l)cxch)pmcnl ('ode l('ol]icr ('otullx ~)rdmancc N~} Ul-I~2. ils amended ); ami the l.'tHilie~ Standard~ ltmJ Procedures ()rdirlanCC (( 'oilier ('(mmv Ordinance %,,. 97-I 71. and V,'IIER [:..~..S. thc de~, cMpcr has no,a rcqueslcd 3,{ ~,~t,'. 'IIII:RIJ:¢/RI!, I~l! Il RIiS()I.',,'H} l~'~' I lie I~OARI ) Ol' { '( ~l Nl Y ('OMMISMI ~NI:RS OF ('O[.I.II:R ('(}1/N'I Y. FI.CIRII)A. lh;lt final ;Icccpt;mcc he Soulhamplorl. ami auflmrixc die ('[crk 1o rdcase the m;mllCnaJlCC scctJfit}. 1115 1I FI;RIltER RI!SOI.VI!D ANI) (IRDf:RED that thc ('mJnly acccpl thc fulurc lll;lllllk'rlilllk'~ aiR] olher ;lllcrldalll k()$15 fi~r thc roi.d~ a~. dralfl,]~c. ~alcr ;111(1 st'~ cr :VI 'I 1:5,1: D",VIGtH I!. BROf'K. ('I.ERK ~ ,~ <' ,.~ Approved as I,, tbrm and legal sufficioncv: I leith F. Astmm Assist;ell ('oilier Uounty Attor;ley DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 SI.;PPLiLM F. NT:\I. AGREEM EN'F 'I O ('¢)NSI'I.TING EXGINI':.It-~RIXG SER\'I('LS I'rojcct No. S ,,\ fills SIJI It I.EMILN l:sd. :\GREI'~M[~NT. made .',nd entered into Ihis~ ] 'd'w ~ 1999 by and bctxx CCh thc Board of County Cnmmissinncrs. Collier ('olllllv. Flnrida. a poli~l snbdivisinn the State of Florida. hereinafter called thc COUNTY. and ('tt2M ttill o1'4350 W. (')press Street. Suite Tampa. Florida 33t~07-4155. duly authorized to comlucl business in thc glatt of Florida. hcrcinaltcr called CONSI 'l.'f AN'I. WITN I{SS F;I I I WIII{RIiAS. thc ('OI 'N'I Y and ('¢)NSI.'I.T,,\N'I' hcrctofnr¢ nn 19 April I';',LI entered mt,) ;Ul .\grCCnlCn! ~.', hereby Ibc COUNTY rctaino, t Ibc CONSUI.T,.\NT ltl furnished certain COl'l~tl]llll~ 'sC~ iCC"., Ill connection ~,,. lib proposed collstruction ol'('.P,. ~96 six. laning improvements. J.Jcl. C.R..1;I to Jct. I-'75L ('ounlv Pr,(ICt't No. 60111; and. WI I['.'P,I{:\S. d:c ('nunt.~ desires lo modlJ'% [hl~ tcrnls of sMd ..',,grccm,..'nt. ami tm: ard Ihal end F. XI',\M) I.;I'()N fl lit S('Ol'I! OF .SI:RVI('ES I'RIA'IOI 'SI.Y ,.\Il Iii)RI/ltl) M'I:('It.I('AI I.Y REI.NI'IX(i 'I O .,\IH)I I I()NAI. SIGNAI.IZA] ION t'I.AXg I'Rt!tL.\ RA'I I( Ix,'. AND 'I'() ('( IXl l'hX.gA'l I! '11 II( CONSUI.TANI FOR ,.\I)DITIONM. ('()ST~ TO lie IX/'l RRI!I) FOR S,.\ll~ .\l)l)l'I'lllX,,\l. XI:I(VI('I,.S. CONSULTANT'S Fl:h t'ROI'OSAL I OR ..\13[)11 lO*Al. SI:RVI('IiS I).,\'I hD M,\f,~('I I I 7. 19'~9 IS ATTACI IF.D ItERFTI'O AND IS IIEREBY IN('ORI'ORAIEI) AND ,M.\DI'~ .,\ IORMAI. I',,\f~ I t ~1:'1 Ills SUPt'I.f'L%I F. NTM. N'O. 6. NOW TI IERIt!FOP, I!. thc Consulting F.'ngmccrmg Ncr,. icc,, ..\grccmcnt is hcrcby amended and snpplcmcntcd as folio,.,, s: I. Consuhant shall l',crtbrm sigllali/atmn design scr', icc,; ;l~, described in ..\ttachrncnl *',V'. 2, ('onsullanl's c--,I pr()po~.aJ I'nr scrx ices th.',~crlbcd m ,,\l:acJlmci;! ",,V' is pr(~ Mod in ,,\llachnlcnt,4 "If'ami 3. Contract fcc adjustment and status l Ibis Supplemental :\t~rccnlcnt No t,l: .I.I Original maximum contr.,ct fee 3.2 SAN,).I 3.3 S A N,. 2 3.4 S A No. 3 3.6 SAN,).5 3.7 fbis S A No.6 Maximum and cuw:'nt contract 4, ('onlract !im¢ adjustmcm: Increase 45 calcnd;lr davs fi)r design services. 5. Contract conlplction time lo bc determined lw Nnlicc lo l'rocccd fi)r llxc con.,tructl()n pb;tsc. 6. 'Ibc revised ami cugent ]ump sun! contract amount its St,lled above incltldcs cosls tbr ovcrhea(I, fringe benefits, out*ogpockel expenses, profit nlarglll, arid all other direct illlt] imlirccl costs and expenses. 7. Except as hereby m(>dificd, amended, or changed, all ol'thc terms and COlldillOllS ()l said .riginal Consulting Engineering Sen'ices Agreemcm shall rcmmn in fidl force and cflbct. Page I of 2 AS TO TttI-; BOARD OF COUNTY COMMISSIONERS: Pmjccl No. 6~) 101 S/A N0.6 AS TO FORM AND I.EGAL SUFFICIF. NCY: DAVID C. Wi-iI(H-~[.. COUNTY A'FI'ORNEY AS TO TI Il-; CONSUI.TANT: SIGNED. SEAI.I-~D. ANI) DEI.IVERED IN TIlE PRESENCE OF: ~~ {NAME WRI~'E~) STATE OF FI.ORII)A COUNTY OF IflLLSBOROUG}I BOARD OF COUNTY COMMISSIONF. RS COLLIER COUN'FY. FI.OR IDA ,/,9: Pamcla S. Mae'Kit, {'hair~an I)~ghl E. IIr,~'k. ('lerk of ('.tins CII2M tlII.L W~lham J. C~ramcr. VIce Prc,,mcm Al'rEST: Eliza~c)h A. McAdams. As~l. Srcre[ary (CORPORATE SEAl Before mc. Ibc undersigned :~tlth,~rtt}. thi~, da} pcr,,nall? appeared Will:am J. (Jramcr and kno~n In me to ~ V~cc President of Ibc Corporation nalBcd in the foregoing Agreement. and hc severally acknoa ledged lo ami ~'lore mc lhal he executed said Agreement on behalf of and m the name Co¢or;,tmn as such officer; that the seal affixed Io smd Agreement is the cmporalc seal of Mild Corporation and that ~l was affixed lhcrelo by due and regular Cor~rute aulh,rJt>; that he is duly authorized by said Corporation lo execute said Agreement and that said Agreement is the free iici and deed of said IN WI'I NESS WI IF. REOF. I have hereto set my hand and affixed m.v official seal fills (~., c~ ~,t,~.___ d;Lv of_ '~-.c.,c r ~c~._~. A.I). 1999. Nolar( PtJb[ic iFI alld tot die ('ounty arm ~lillk' Commission l_:xplrc~: Page 2 o1'2 A'ITACI IMEN'F A gCOI'E ©F .% ER FOR S! 'PIq.hMI:.N'[ :'q. AGR [LILM ['~N'I' C()NSuI/rlN() ENGINEF. RING SERVI('I-~S FOR PINF. RII)(~EROADC.R. gU6[CR.31 I-7~] PRfUI(("i' NO. f,OII I gupplt:mcnt,d :\~ret:rnt:nt .~larch 17. I~E.K('RI PTI( This ?,COl',C nf scrxlcc~ dchnc,; Iht: ta%k :.ssignmenls lhal ¢'112M III1.1, ~lll pcrh~lm as part ~1 St~pplcmcnl;d A~rccmcnt No. t, f,~r lt~c ~Memm~ .f l'mc RMge R,,..t I~'l~ccn stunal dc*~gn for %%'h~ppoorx~ill I.anc. addmtmal ,ignal dcx~cn la,l.s, arid %lgnal rc-lln~Jnu ['me Ridgt: .~COI'E Task I Tempor:,r.s Signal l)e~iRn ,'~l Whipptmr~s ill l.nne .-\ complete signal design package 'w~ll N: prepared l~r ;, tcmi~rar.,, ~,lgn;,I a~ Whipp~,rwsll Lane. The temporary .,,~gnal *.till tx: dt:.sl~ncd ,,~. flh con,:rctc str:nn pnlt:s and span wire. and ti'lc poles ~11 he I~x:atcd s, as not to interfere ',,,',th thc ultimate gcomctr5 of Pine Ridge Road. The plan x,.fll t,,e prcl'mrcd in accordance with Collici ('ountx ,,tandards at a scale ~;1' I" = 20' on 22" x 31- plan ~hcct,. shinning knm~n undergroum~o~crhcad utiht~cs, dctmls .f thc tt~'atlon and ~)~ of traffic signal display and support qmcturcs, h~allon of controller, loops. condml and pullt~xes, and details of the proposed signal o~ratmn characteristics such as signal phasing, phase timings and loop connections. Intermediate review subn~ittals will made on hall' size plans i I I"x I T' ill it ~cate of I" = 4(Y h r,'r23,4, p 'i ~s No 6 f,'ll2M '1 3 Allachmenl ;\ Pine Ridge R.ad Supplemental Agreemeni No. 6 Page 2 March 17. 1999 Additional detail sheets ,aill include a General Note Sheet. Pole Detail Sheet. and Structural Detail Sheets. 'ibc ge{~technlcal anal}sis Ih;ti ~;Is previousl} co,dtlcted ahmg I'me R~dge Road ~11 bc u,;cd f-r the ~,tructural design: addmonal soil borings and geotcchnical Hl~.c~t~g;.flion% y, tll m~l be conducted. A prchminary signal timing analysis ','.'ill be conducted to c~rdinate the new signal :it Whip~op. vill l.anc with thc signals at 1-75. Napa BoulcYard. and Vineyards Boulevard. Cycle lengths, splits and off. ts xvfli ~ collected at Ihe intersections of 1-75. Napa Boulevard and Vmevard~ Boulevard: this inl3~ation will then ~ input ~nlo TS-I)RAIrF. xvilh the goal of fitt;ng WhipN)o~vill l.anc into Ibc existing progression schemes during ibc morning l~.ak. m~dda? peak. al'lern(~m b'ak and off-~ak ~rmds. Offset. sl~l~l and f~rcc-off limes fl,~ t~ming pattern will ~ provided to ~he County for .nplcmcnlali~m. When the tim~ngx arc inslallcd, a I~eld re~ex~ will tK' conducted lo ilSSl~J ('olher ('ounlx .t;,If in thc fine lumng the ~mngs at WhipN~n~ill l.ane. ,\dditional Signal Design Complete '~gnal plans x~ ~II be preparcd at thc rollo',~ ing l~x:at',n% along lnne Ridge P,.ad The signal plans will be prepared in accordance with the xsitlcning ol Pine Ridge Road and ~'.ill be designed v, Jth mast ]'he plans :~ill be prepared in acc~)rd:mce '.xilh Collier Counl~. slandards al a scale ol 1-=2¢1' on 22" x 34" plan sheets, shov, ing knov. n undergroumg, xcrhead ulililies, details ~d' Ibc I~'at.m and ty~ of traffic signal display and support structt, cs. l~ation of controller, l..ps. conduil und pull~xes, and details o[ the proposed signal -l~ra~ion characleristics such its s~gnal phasing, phase timings ;md loop connections. Plans l'{~r rcx~cx~ xvmll be submillctl ;xt a scale of I" = 40' on I I" x IT' plan 4~ects. Additional detail sheets '.vdl include a General Note Sheet..Mas, t Arm detail sheets. :md Structural Detail Sheets. Prt23'~p .SA N,, 6 f'112M (1317'~V) II, ~l'q)lLUl ~Mla~hmcnl Pine Ridge R,1;,d 5;upplemenJ:,l A~r~m~n~ No. 6 Page 3 March I~. 1999 An mlerconncct con(hm phm ~lll be prepared for thc cnllrc lcnglh ol thc prqjccl, tr~,m A~o~l-Pulhng Road lo I.ogan Boulevard. Thc interconnect condtm x~ sll bc installed )mo thc conm41er cannel al Ai~-Pulhng Road: no ;~dthtional x~t,~k ~ll I~t conducted inter~ecm~n, l'hms ~ill ~ prepared al a sc;de of !"=40'. double slacked on 22" x 3T' plan sheets, and ~ll sho~ the I~'allOlis of the controllers, omdtm, pullboxes and imeromnecl cable. Technical SlK'c~al Pro~,mns (fSP',) ~ fll I~ prep:u-cd for thc interconnect cable ma,let conIr, 4Dr. CIo,e coordmalion ~*~11 be omducled *~Hh ('~dlier Counly staff m cn~urc Ihe Plans and TSI"s meeI Ibc retlu~remenl~ and expcclalmn* oI ('oilier County. Inlcromnccl cablc ~fiN'r optlcl *hall ~' mqalled m lh¢ condutI from kVhq~p~on~ill l.anc Io Boulevard. I)LIIIII~ c{~13MfllCJlon. Ih:'¢¢ lit'Id in,,jk'CllOrls ('{~rl.,trtlction ;.i,,,,i,,larlL'L' ,d, lJJ ctju:p~llCnl. Signal I{etimink~ J)ata odl¢cl~¢m ~111 include collecting approach count,,, turmng rn~emenl coum~, and alt olher inloJnlalum Ihal ~ill t~ ~cqmred I'~r lh¢ tetlmlllg LiilaI~M~. I:ony-eighl huur approach counl~ ~ilJ J~ omducled on each appro;ich al each of JilL' ~1~ I(~} ~ignaJi/¢d Jnler~CCll~m~ IkVhlpp~)p,~ill I.ane. I-7~ Ranlp i~V). 1-25 Ramp (l~). Napa Bl~d. Vineyards Blvd.. I.ogan HI~d.L '['hl~ data ~11 ~ rc~le~cd h, dctgl'mllle the peaking characteristics ()f t~iIle R~dgc illtcr~cclion~ dil~ng Ibc morning, nliddav and aJ'lemo<lfl peak [k'rl~]~. ~cvt'fl-dav corrals ~ll t~ condu,lcd at t~ J~'atl~m~ ahm~ Ihne J{id~L, Ro;td I'h~s d,lld ~ll Ix: used t~ dc'Icllllltk' ~eckend ~akmg char;tclCrlSllC~. ;tlld lJll'CC Jlolirs oJ' Itllllln~ IIII~CII1CIll COtllllS ~klJJ JW such as Mdc ~tft'¢l ~j~ed JllHllk. OistaIIL'C bt'ttkeCll M~IIkIJl/CM Illlvr~c'Clli)fls, arlv ..mld-hJ~Kk traffic gen0riltlJr~ along Ihnc Ritlg0 Road. and l,) i(tcnttf~ ;ircit~ ~ht, rc delays. (itlt'tllng ;lll(I cycle la,lures are ,~'cun-mg (.)nee lite data colledion I~ colnplcte, the rctmmlg anal.,,',[.,, ~11 Iktgm. 'I hc t~rsl ~,tcp ~ill t~t. Itl idenllfv Ihe number of timing pattern,i that will be deveM~d A minimum of five ~teekday liming palterni ,.hall be de~eh~pcd ¢6:()(1 '7:M). 7:.Ill-12 ~)~}. 1200-5:00. 15:1)(). 18:3()-24J."11. I'~tmng paltcFn~, lot 5altlrdil& alld 5,11lttil,,. ,.hall ,d~,~ Ix' dc'~eJopcd (tllllc I~n~th~. 'i R,~X~¥'I'-TI; ~lJl lh~n I~' run ~11 lh~ J~pllrnJI ~'~cl~' Jcn~lh I,~[ L'm'h lltllin~ p;lllL'llt h, uninvited ml~ 'J 5-J~J~,&l:i'. ~hlch ~ ~Jl I~ u~d I~ ()J~IIITII/L' JhL' l'lJ-L'l~ (,J C~lch JJJJCJ~L'LJJl)II I(ll Fm~dl~~. ~ TRA~SYT-71: ~lmLIJ~llio~ ~ll~il)Ms ~]11 t~ ~'~,mlu~lcd h~r ~;Jctl (~J' Ih~' ;ill.ii) ~c~ ~lJJ J~ FRVI~RIJ ~S flCCC~r)' JO ITIlIlJfIll/C ~/C Iilll()~ filial cllmlmdcd ~lltlrillc'(J links. .~Iruclur.'li I)usil,'n .~tructur~l dc'sl~n :,,ill I~ pcrt~rrrl,.:d i~n th(: pru'puru'd lot Ihrc¢ IJIJ~L'fL'Ill J'xlJiL'/m;l',l ;II'ltl ciJrlJ'l~Ur;.ihlJrln. I"i':1', I\fhl(.Jlrnc'nt Ii. :\ dct;~llL'd br~';ikdl)~.rl l~r Ibc '-,l~ll;ih/illl,Jtl ~.~.(~l-J,. [%'rf(~Tmed by 'riLl is pr~)~, rdcd in ,~tl,lChftlL'lil (' 0 0 0 0 CJ 168 4 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 PINE RIDGE ROAD APPRAISAL AGREEMENT THIS APPRAISAL AGREEMENT entered into this~__..~,/~b~day of ~._.J..(:;>~.j"~: , 1999, is by and belween COLLIER COUNTY, FLORIDA, a political subdivisio(~ ' of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and REAL PROPERTY ANALYSTS, a Florida general partnership (hereinafter referred to as "Appraiser"), whose mailing address is 1000 South Federal Highway, Deerfield Beach, Florida 33441. WHEREAS, County has provided Appraiser with right-of-way maps dated December 5, 1998, showing the right-of-way parcels required for the six-laning of Pine Ridge Road from Airport Road to Logan Boulevard (hereinafter referred to as the "Project'): and WHEREAS, County provided Appraiser with a list of the right-of-way parcels for which County has an immediate need for appraisals, and requested that Appraiser submit a fee quotation and proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, on March 1, 1999, Appraiser submitted a fee quotation and proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, County has accepted Appraiser's proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, Appraiser and County acknowledge that evolving roadway and drainage design, as well as evolving legal opinions concerning the entitlement to road impact fee credits in exchange for the mandatory dedication of right-of-way, may result in additional appraisal assignments, and that as new development continues along the Pine Ridge Road corridor, some parcels may become improved and necessitate a change in Appraiser's Scope of Work, and a change in the proposed fee for the services. NOW, THEREFORE. in consideration of the mutual promises and benefits contained and contemplated herein, County and Appraiser hereby agree as follows: 1. ASSIGNMENT - For each parcel listed on Exhibit "A" (and for any parcels which may be added to this assignment), Appraiser shall provide to the County a written narrative appraisal report which sets fodh Appraiser's estimate of compensation due to the record title holder of tho parcel, a portion of which is required for the construction of public roadway, drainage, and/or utilities improvements. Compensation estimates shall include an estimate of the market value of the interest in real estate sought by the County, an estimate of severance damages to the remainder property (if any), as well as an estimate of any special benefits accruing to the remainder property either by reason of the taking or the construction of the public improvements. Estimates of compensation for each interest acquired from a single parent tract shall be set forth individually but contained within a single written appraisal report. Additionally. ',',,here all or a portion of a structure is located on the real estate bein9 acquired by County. Appraiser shall include the following information in the narrative description of the property: fa] a statement as to the character (residential or business) of the structure's occupant(s); fbi the name(s) of the occupant(s); and [c]a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) parent tract shall be set forth individually but contained within a single written appraisal report. County may add appraisal reports to tins Assignment by issuing VVork Orders to Appraiser confirming the type of appraisal required for each parcel and the fee to be paid therefor. 2. STANDARDS AND REQUIREMENTS - Appraiser's written report shall conform to all applicable standards as set forth by the Uniform Standards of Professio4~al Appraisal Practice (USPAP), 1999 Edition (The Appraisal Foundation) governing Che preparation and communication of complete appraisals. Appraiser's written report shall also conform to "Collier County Supplemental Standards" (a supplement to the Uniform Standards of Professional Appraisal Practice), as set forth in Exhibit "B", attached hereto and incorporated herein by reference. 5 Appraisal Agreement Page 2 3. DUE DATE - Upon approval of this Agreement by the Collier County Board 'ur County Commissioners. County shall issue a Work Order to Appraiser. Following receipt of the Notice to Proceed. Appraiser shall submit an unbound, uncertified, draft photocopy of the appraisal report(s) to County for review in accordance with the schedule set forth on Exhibit "A.". Within one week following notification from County that the draft appraisal is accepted and approved, Appraiser shall provide to County three (3) written appraisal reports, each with original signature and color photographs, 4. INVOICING AND FEES - Unless the provisions of paragraph 6 are invoked regarding alterations in the scope of work to be performed, the fees as set forth on Exhibit "A" shall be paid to Appraiser by County following complete review of the written appraisal repeal(s), or if required, following receipt from Appraiser of appropriate substantive and factual corrections which may be requested by County. The houdy rate payable to the Appraiser by the County for required and/or requested expert witness testimony, attendance at mediation and/or court hearings, trial appearances, pre-trial preparation, preparation of court exhibits which are not already a part of the appraisal report, and for time spent in authorized travel shall be S115. The houdy rate for the services of an associate appraiser, employed by the Appraiser, for the above-referenced litigation-related services, which may be required or requested by the County, shall be S75. Such hourly rates shall be full compensation for services and expenses in connection therewith, except for the expenses of travel specifically authorized by the County in advance, in writing, and in accordance with the provisions Of Section 112,061, Florida Statutes. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Atlorney. or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three years from the date of the final invoice for appraisal services rendered relative to the Property. The fees set forth on Exhibit "A" include compensation for the services of any and all subcontractors and sub-consultants. Any and all such subcontractors and sub-consullants used by Appraiser shall be in a contractual relationship with Appraiser. 5. UPDATES AND REVISIONS - Upon request made by County within one year of the date of value as set forth in the Certificate of Appraisal, Appraiser shall provide a written update of the original appraisal report. Written appraisal updates may be communicated in letter form with reoedification as to compensation due the property owner; but must contain or include as exhibits all new information not contained either in the original appraisal report, or any previous updates, upon which the Appraiser's conclusions are based. Appraiser shall also prepare revised appraisal reports at the request of County to coincide with changes in the size or configur&tion of the property to be acquired, and/or changes in the interest in real property sought by County. 6. FEES FOR UPDATES AND REVISIONS - Fees charged by the Appraiser for providing written appraisal updates for between one (1) and five (5) parcels within one year of the date of value set forth in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreemenl; but shall not exceed seventy five percent (75%) of the fee as set forth on Exhibit "A" for preparation of the original appraisal report for the Property. Fees charged by the Appraiser for providing written appraisal updates for between six (6) and ten (10) parcels within one year of the date of value set fodh in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreement; but shall not exceed sixty percent (60%) of the fee as set forth on Exhibit "A" for preparation of the original appraisal report for the Property. Fees charged by the Appraiser for providing written appraisal updates for more than ten (10) parcels within one year of the date of value set forth in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreement; but shall not exceed fifty percent (50%) of Ihe fee as set forth on Exhibit "A" for preparation of the original appraisal report for the Properly. In those instances, however, where the elements of value of the Appraisal Agreement Page 3 parent tract have changed significantly, fees charged by tho Appraiser for providing written appraisal updates shall be established by mutual agreement between the padies to this Agreement prior to commencement of any work, and shall not be subject to the percentage limitations. It is hereby understood and agreed to by the padies that revisions to project plans and legal descriptions, and/or modifications in the interests in real property sought by County, can significantly alter the appraisal assignment and scope of work required of Appraiser. It is further understood and agreed to by the parties that when said revisions alter Appraiser's scope of work, any increase in service fees charged by Appraiser must be approved in advance by County before any additional work shall commence. This prowsion shall extend to the addition of appraisal assignments by County (i.e., addilional and/or "spill-off" parcels to be appraised. ) 7. UPDATE DUE DATES - Due dates for the delivery of written appraisal updates shall be established by mutual agreement between the parties to this Agreement. 8. COMPLETION / CORRECTION - If a substantially completed written appraisal report (original) is delivered to County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which repeal contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by County, furnish such corrected and/or additional pages which will bring the appraisal report into compliance with the USPAP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said 14 day period. Nor shall Appraiser charge County any additional fees for bringing written appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 9. LATE PENALTIES / EXTENSIONS FOR CAUSE - Il is acknowledged that time is of the essence, and that the following schedule shall govern the assessment oi' penalties for late performance: (a) In the event that lhe written appraisal report containing the estimates, opinions and conclusions referenced in Section 1 of this Agreement, is not completed and submitted to County in accordance v,'ith the due date as set forth in Section 3 of this Agreement; then County at its discretion may reduce tho fee payable to Appraiser. as set fodh in Section 4 of this Agreement, by seven percent (7%) for each week, or portion thereof, for every .week the written appraisal report is past due; or (b) In the event that circumstances beyond tho control of Appraiser cause completion of the written appraisal repeal to be delayed beyond the due date as set forth in Section 3 of this Agreement, and prior to said due date there is a mutual understanding between the padies 1o this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due date without penalty. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. 10. CONTRACT ADMINISTRATION - The Real Property Management Department Director or the Director's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under tho terms and conditions of this Agreement. 11. MEETINGS - Appraiser shall meet with the Contract Manager to discuss the appraisal (and/or updated appraisals) of the Property. Time(s) and place(s) of meeting(s) shall be established by mutual agreement of the padies to this Agreement. Appraisal Agreement ].6B Page 4 12. CERTIFICATE OF APPRAISAL - The Cedificate of Appraisal shall be signed ~)y Joseph F. Miller, ASA. In addition, al the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Cedificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 13. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge lhe contents of the written appraisal reports relating to the Properly with anyone without the approval of the Contract Manager. Fudher, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involvin9 any of the properties appraised under the terms and conditions of this Agreement for a period of one year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 14. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser fudher warrants that no pad of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, cornpensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to Ihe Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement. without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate immediately this Agreement without financial obligation, or to pursue any other available remedies. 15. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Florida Workers' Compensation Law. Said coverage shall be for stalutory limits in compliance with applicable sta~e and federal laws. The policy shall include employer's liability with a minimum limit of $100,000 each accident. 16. GENERAL LIABILITY INSURANCE - Appraiser shall maintain during the term of this Agreement comprehensive general liability coverage, including bodily injury and property damage, in an amount not less than $300.000 combined single limits. Collier County shall be named an additional insured on said policy. 17. AUTOMOBILE INSURANCE - Appraiser shall maintain business auto liability insurance coverage with minimum limits of S300,000 per occurrence, combined single limits for bodily injury and properly damage liability. This shall include owner vehicles, hired and non-owned vehicles, and employee non-ownership. Collier County shall be listed as an additional insured on said policy. 18. INSURANCE UNDERWRITER RATING -All insurance policies required in Paragraphs 16 and 17 shall be issued and written wilh a company, or companies, authorized to engage in general liability and public liability insurance in the State of Florida, authorized to do business in the State of Florida, and which company, or companies, hold no less than an "A" rating as to financial strength as reported in Best's Key Rating Guide, published by A. M. Best Company, Inc. 19. INSURANCE CERTIFICATES - Appraiser shall deliver to the Contract Manager, prior to the appraisal of the Property, those certificates of insurance which clearly indicate compliance with the insurance requirements of this Agreement. AppraisaJ Agreement Page 5 20. INDEMNIFICATION - Appraiser shall indemnify, hold harmless and defend the County, its agents and employees from all suits and actions, including attorney fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss. damage or injury to persons or properly by reason of any act, or failure to act, by Appraiser, its agents or employees. 21. PUBLIC RECORDS - Appraiser acknowledges that the written appraisal repeals, including the materials contained in their addenda, which shall prepared under the terms of this Agreement. shall become the property of County, and that County may disclose the information contained therein at its discretion, and in accordance with the prqvisions of Chapter 119, Florida Statutes. Further Appraiser acknowledges that County may terminate this Agreement should Appraiser refuse public access to all documents, papers, letters, or other materials made or received under the provisions of this Agreement. 22. TERMINATION . This Agreement, or any podion thereof, may be terminated by the parties by providing written notice to the other. Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to such termination. 23. NONDISCRIMINATION o No person on the grounds of handicap, race, color, religion, sex or national origin will be excluded from participation in, be denied benefits of, or be olherwise subjected to discrimination in lhe pedormance of this Agreement. or in the employment practices of Appraiser. Appraiser shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 24. INTERPRETATION AND CONSTRUCTION o This Agreement shall be governed by. and construed in accordance with, the laws of the state of Florida; and this written Agreement constitutes the entire agreement between tho padies, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to the Assignment. This Agreement may be modified only by written amendment executed by all the parties hereto. 25. NOTIFICATION - All notices shall bo given in writing to the padies at the following addresses: As to County: Real Properly Management Department Eighth Floor, Bldg. "F" 3301 Tamiami Trail East Naples, Florida 34112 As to Appraiser: Joseph F. Miller RPA of South Florida, Inc. 1000 South Federal Highway, Suile 202 Deerfield Beach, Florida 33441 Appraisal Agreement Page 6 IN WITNESS WHEREOF. the padies have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: ATTEST: COLLIFR COUNTY, FLORIDA, a potltical subdivisipn of the State of Fl~ida RPA of South Florida, Inc., as General Padner BY:~ent Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Dar. e: To: FrcK~: Re: April 29. 199~ Peggy Ruby, Marketing Supervisor Parks and Recreation Department Ellie Hoffm~n, Deputy Clerk Minutes & Records Department Agreements Between Warren Hill, Tom Scott and the Board of County Commissioners - Agenda Item =16C] ~4/27/99) Enclosed please find two original agreements for Warren Hill that require additional signatures. Kindly forwal'd same to Mr. Hill and return one fully executed original tc the Minutes and Records Department. Also enclosed for your use is one original agreement with Tom Sco~,t. I have forwarded one original to the Finance Department and She Or!Elna1 w[!l be ~-eta.,,ed In this departm.,en~ for ~h. record. If you should have an}' questions, please contact me at: {8406;. Thank you. Enclosures Pcrl'ormc~ of the WorM. Inc. 890! .%]elrose Ave ~ond F~r Ph~ ~31~ 2~J~ Rider ~nd "Addendum A" Attached Iler~o lZcrcby ~l~d~ P~ o[ thL~ Contract and condJtio~ contained in addendum entitled "A(Jdittonal Term~ and Conditions." Additional Terms and Conditions Performers of rite World. ~901 Melrose A~e Setond Floor West HollyE__ood, CA 90069 Phone: ~! O) 20S-0.%6 Fsx: (.310) 20S-036~ Contract Addendum "A" Offer THIS AJOal IS flTTACH(D TO Am) mAO( PflAT OF TH(comFmcT Am) PUJK~AS~R ~R(ES TO M[ET JILL T(Rm$ Arid c:orlo[TIOI1S CngagtBeM ~ md ~ mars IMgMM( le flaTIST SJMII IX frtf o( suc~ la~s. rets, dues and U)e LJk4, Including mmUclmms mMmm mind aSCaP/lEI fees. 2. CJIAC[LLflHOA P'fllUIL[i;~S IllOEAIAIfiCflTlOJl 4. PIIJICHASEA IISSgAIES LIABILITY 5. III[acHJIflDISIflG All TI Sl ~ Ads DUAs~Y dldJ blue If~ ex~lus/ue SM ~ ~M. ~. AWt ~ ~U ~ ~ a~ ~ ~m of ~- ~ ~ aa TIS T'S ~f, 4~ 1o ~ f~ ~ ~s ~ (~ p~s ~ ~ at flRT[~S ~n ko &. C0 glPLIIII[liTI~I¥ TICK~TS amd prgdde aKflST K I~R fIST'S rtpre~t~ue u, dth r~et~j ~20J com~menla"U ~k¢Is per performanct, Ire Ims~d~d'Md~ ma~lJe p4,K~'dJl SMe tbeih~gattbe shewmlUIpemdsskm o~ ~RTiST 0R/~I~TIST'S relxes~ntatlu~. OlI[SSIIIG AOOJIIS F'illCffaS[JI must prodde at ~ sale e~C)ens~ at lead Cum L'2J stageha~s and one [1] mom'ta, e~lfleer to be auala~e bern'Ix'ax Ii load-la ~ coaq~Uofl of load-cmL Soc~ a~d Uo, hUng equipment must cntue fa' s~t-up a mlnlmm of ~ ~ to ~ M' ~ equlpele~ f~s'G'termort, all stage, fmC. loader',;, anc~ eltc~c~ns must be a~alla~le when ~ pi~ms. J~d ds~ m~ be M ~ m'Jd fuUg auaXable to loamn~ drta at the tlff'~ ~ and Ilgl~flg eqtdpment Cnw ~ hM ~ ~tage ct. nd d all ol~r exJs~bl eqtdsm~nt and delxls at this Ume. ~ ~ ~ be I~n'~.~ at the uenoe from U~e beglnnleg of load-In U~rouqh the end of rne en,j~ement and the end of P~e 2 of 3 FlflllTlSTshal:ih,metherhjhltodsol~a20'X3'l)mmsMthtbel~llTIST,Snasmabeuett~st~. I _: .-- : Il: I I I CllflStlt ShdU dl Ms sok e~ts~ ~ ~, Ug?d p¥~ in in ar~a idj~Lmt to ~ f~ ~ [1] t~ ~ ~ 11, TIt/I/ISFORI'ATIOIt & LODGIflG la I:bt L~fnt that/~IIRCflJ'~SEII Is lx'eddlng alrgm b'aud and/re' hotd dccemmoddt2om, rtl I', CHASER shdl ~'fe lo t~ c~h Tam [ZI sUlrs, one i'll smetdmj and one [11 non-smoking and four [~ s~ngt~ k~mjs, om ll) smotdmj and T~ ~111] 249.8145 lr&,~c Ill,SI 24'J-,SSI, t, I'lllt~t~ltSEJt/Off TI ?dge 3 o(3 IlIITIST/DIIT[ WflRREfl ItlLL TECltfllCAL RIDER mid,r,, om ~11 so~ 22 t~ Sld~d~ml one l'1] Soom' I Inca rlldl lllll om (Il somv 14 blch t11ot hill om (1] soo~ l& ~ flow tom om IT] 6 I/2 lac~ pi 14 Indl mi~ dnan om 1'11 ~ ~ keca ZXdJ,. e,.~ e,t.M M-b~ts One (11 dram ~ i'llO ffYOII~IUC OR Tm 1"2] S~JAt r.,olhtlb ~'XI 0" sae,ds~' efx:l~m,rts Pag~l~4 WflRREII HILL TECHIIlCflL RIDER (hat P'imsm~ or Soily OtIT ~ tO ~ ~ IX'Xt to keyboat'dx. [110 PORTFI6LE U~ITS S~ ~ re, g, plo~ maamom ar~a 25'X2:S" d It.,~ 7' idlh Pa~e2 c~4 WflRR[il. IIILL TI~CttRICflL RID[R: IrlPUT LIST T. IUCX 2. SIM~ Tgi' 4. S. TOni I L TOIl2 7. TOll] L TOal4 IL 12.. GTII ~ 13. GTil .q~,llT 1S. lilt ILI~ 17. LrYS LgT 21. SM Prrform¢~ of the %Vorld. Inc. 8901 ,&lclrmm A~e ~c~d Flor l~one: fJ Ifil ~0~0366 Fmc: IJ I0) Ridtr nnd "Addendum A" Alllchtd llcrtlo Ilerebv ,Made I':,rt nf Ihi: ('nnlrncl Additional Terms end Conditions ~ ..... ~ ~r.~, ......... ~ ~ ~.~ ~ ~,~.~ ~ m~~ ~t m; ~? '~ 1'-'~¢ ~ t'r..+:.? ,tr~.:m~ ,t. n~~ 31' nc~c- ~ m, ~-~C~~'~ :..~,1~ '.~,.*'t~'~'~./¢ t~1'~': 6, L'~ I t~'~,'~,~-,~ ;.~ m..e~l ~: .... 'c; ' ~? '~,I r'l', ' ,J,- ~.,~... xathon Music_. Inc. Contract / I Rider 'DtlS RIDER IS tIEREWiTtt ATTACttED TO AND %lADE P,~',,RI oF '[i [E CON DATED BY AND BF_,TWEEN THE TOM 31USIC. INC,. tlERE/NAi:TER REFERRED iO AS ARTIST. AND ltEREINAFIER REFERRED TO AS I'i. I{CiI.ASEI,', Please read thc contract rider carefully. It contains descriptions of certain equipment requirements and various workinz conditions c:~scntial Artist and nccessa~, to assure thc highest qu~flity pcrtbrnmncc possible. If~c ~e ~' quea~iov~ or ~mbl~ ~oncerning :~is conttac: rider. I'urchm',zr ~,g contact Artist or Ani~l'q r~esm:atlve immedia:e!y. Ail t=-rms and cond:tS~nq ~f Ii;;~ con:rat: t ....... tbt.:r ,~~ ~ ~ra'.:',.. t--,n,.i: ,%.,: :l,c ........,:,f 1-ad:::l., =quiprncr:t in and our of :he :'.,znue. All · .... , , , . -- ..a=,. nanc'~ must be ;:;'aila~-te ,'.,o .-'...'-:.is: a: :!:::e o:' ,cu:cl ir. ;m,! lc>m! thc I;.:,lIo',ain.,z e,quia .... .,.; £vr usc ti',:.: :~s; fi>r bt~tl: ..... ., , ,.: .... , ·: . . . ' ~':[~'~ is :,.~ .% '.~?;'2':2 ~' fix: ."L;:,i.:;. ::. 72'-'-.;' >[:ii EQUI" ...... ~ :,Ir..,, i" LIST I£:i",=r: a.-c *,"".' qu'.'=::or.s Nea,,': c~...".:::t :. Z,..': .... '. lin ~- A. GENt:P,..,:,., ;; sr.¢,::::cal~y r~:qu~:¢.l and - ~ ..... , ~ i;~,~,....,..,,. ...... -~""~"'' '-~'~ A~lil l'.~ '''' ~'"'-.~ ,.,-.,...,,,,- t ~.,%..,.1,...~" m:lu.l;:l: '~".,.. r ::, ,:;:h · ,,i ::,:v .,',m,' SEE Ai IACtIED INPUT LISt, ~,,.i:,:~" .,lc ...... ,,.,.. ,;,,~, D:~',~:~I. .... r;.,.;~r;~,~ ¢1~ , ~1 I ..-,,~' ;.,.,~ :I~t;, ,l ;['l . ~ ~,,: ~hall Mvc a cl~a' vic'w ofD. c su~: and all '-" - . - ' ~EE ATTACHE[) STAGE PI.O r, il. LIG}{I'I};(}: t ;..~,;-, ,... ,-..~,,,, ,)t'a ~:',i'"v,' ~t':~:. "· ..ru.;.~. :md c:.,uuh K. i'tj'X'Eii' I'ov,'~:,.."-- sounda,..- ' '~::::~' s~' '" hc ad;qu:.:¢~ ,>.,- t.:~..' ' :rog, ,n ........... I,) ~:;~ ~.,. r..lu ...... s. Po',~': lot b:l:~.;i2: eq%lp:~r,: o% Sta~c Zi;a[; C,~B';;:;~ ()fat Ic4:;t .%, ;~,? ~,:,'I;(,.~ o,~ ;~',e c~,~.~ent of tEe A=is:. Purg~e: sP~ll deny entrance ro aay pert;on carrying II;:sh car;:era c~uipmzn;, aadio .5:=,,. ::, '..,'ct ~::h' r='c;;rg:;:::l:5 ~:.;;c ~czo ~:;t ..;:.: ;-: :-. g . ,,t 5 ,:,z - :..' , :'.' ..' ' ~p::, ,. :'.; · ~ing ~a~ed on time. M.C. ~hould con.ct A~isl's re~re~.entative thirty (3r)) mmu:c'; ~ri,~r to ~h,)~lime [o a~ang¢ for the proper procedure and in:r,~duct:on oF Ams:. AItcr t~rt:~l '' "' "" ' ',-- ....,~ All hot?t: ..... ' · ' ' ;::.. ,¢ ::.,. he c,=,~rcd ,.,.::5 c): ~:y 2~ all sou~'czir .~ ..... s pr;or %tTl;le~ A. Bi!lin~: on aII adve:':.,isL-lg aa~ Fubli~:iw l'OM SCOTT B. ;',,r:ist s?,aJl receive 100% stat billing performance ir, cltuling, bu: not limi:ed lobby boards, programs and C. If>vu n':.~rd h':l? with. t~,'.' publr-':ty fur :L~s en~ayem..'?,:. ,c :-.:.::: J::a':a~c A rdoh.q~, Windham tlill Records 3 lO-35S--:g52 3 i,)-.~Sg-~Og :'ar.: · · ,,.- , az ~ .... L.g ........... . ~ .. '.ir'.'.' t? r'e of r.'omotien '.t ithou: A."t:~t D ? E'- S;:gC. Pc~. - .,'d~'..N D F.r).S PFI'A f. f'l T' Pgrz~.a:er ';"" - '"'~.- ' ~..a,. g.o. ;~- at least tv, o {~, cie.tn. ' "',' . P~rc,~.~r a~;~.. ;,, ..... ' ~:f sea=lag ~s available a: venue) --' ~,. ' ' r.l~. lO "'* ~""'"' .., ., p...o .......... '""c~a'"' ~ rc=ponsiblc · 't If' ~t,' '.' ', FO .... ~ ,. A C. ..... :, ,~.,.:;,m,h.'jg.:,3 ;:nj a,:r~:~:~ :.~,a: ~h;~ .~.'£c:m¢,~: :5= ! r~,!,.,- ~ :' , · ~--~..,,....-..,,,L' 'A.","I ' ,* .-,.* - ,~, ,~.. ,,..,., . 'r"N.;'r'~'d~t../ - ' '*" ;' ";' : ':" lh:s rid:..' is a~'~?,c~, i: is e.*.F.-e~ly a~:r:-:'J :ha: ~hc Fr<,: :,i,m., f :i:,: r'2..: :n all · -,r.,.;-'t .,uFc:sc,:[e. co;'gm and con:m[ Fats a,...c .......... : ....... c ~:-; .;.lc .... :r~i,....~ suppl::mcnged except ~. a ~Tir:cn I~Slr'um.,:=t or insu"umen:s ex,.:cu:,..-, i b., each -f ~:,.".i c~ herc:o. Any c~irn or di'~pu:e ,~:,ing out of or rela:m:~ I,.~ this arrcer:.;cn: ,~r ':~.. br.',c 'h 'w ,; ........ - ,.,C¢,/iL,,r..,. ~ ..... .. ...: · ': i · .: .,: : .... t,,,. r:.,;~c.: ~';1:: r.,'::::':. ,,. ;,:,..--, .... ~,,,~,~ ,: ;~(:e,::r;:..~: ,c, ',*!':';r.:; a~'~ :'~,::-, q.,..a.".:. ~-,-,~; ;~;, :; '~.:r':' :. ::it' ~, ::,..... ;:~, ~ ,;1. '"' *1 ""~",',' ~,,,,, . , l~t,,, ,~, . ~'.";',.::.~, · ' ' ...... ;": .... ' ~ ' ra I ,,.J::l:' i ,~c .?' ,': ,.,.,.-.,:::~;:~:; ::I ..... i .... ,",',"'~ ....... = - , · ~ ,' ....... , ....... 7: ,..IF .' .j .... -..' 1- · .. . , , BY .SIGNING l'tliS RII)ER C()N'I RA£"I' Ye)l; ,,\R~: ALI. REOUIREXlENI'S. TERMS ANI) C:ONI)ITI(}NS S'l WITIilN. ANY BREACI.t ()F THE TERMS OF 'I't lis RIDER CONSTITU'I'E A BREACI[ OF 'fi iE A'i"I'AC:IIt~f) C()NTRAC'I' ANI) MAY CAIJSE ARTIST TO REFIjSE '1'~) PERt'()RN[ V,'l'l'l t()l."I" RELEASING YOU FRO%I 'I"IIE (.)BI IG.X'I !( )N 'Ir ~ P..X5' AGREF. D :',.ND ACCEPTI-'.D. TOM SCOTT as q£ 9/25/98 C£ DRUMS SAX NOTE: Six !'6) Bi-ampcd floor wed,2, e monitor speakers required." Seven (7) Monitor mixes required. = 117+ Volts AC ~ 60 cvcles c,:o ZERO NYLIN 415-457-6888 PH , 415-457-2405 FX TOM INPUT LIST as of 9/25/98 INPUT HOUSE INSERT , MON PATCH MIC STAND NOTES OV~RHF. A~ R $ i ~ 1 414 1 455 LG BOOM OVERHEAD L 2 ; 2 414 1455 LG BOOM ~ TOM TOM ......... ~ GATE 4 ........... '~ ~ ~2 ~'9~ .... B~d~CLiP ~ TO~ TO~j .............. '~ ....... ~XTE ............. ~ ............. AT~,cM~' - '-~x; ...... ' - 8' TOM TO'/ 6 GATE 5 ATM2S'SM98 BOOM/CLIP KICK :0 ~MP ....... ~0 ............. ~'4~ ...... SM K~K ~1 ~fZp I ~ SM 9~ KEYS R ~4 ~.: GUITAR M;C L ~5 RE.20rM88 SM BOOM ............................ ,- ,.-- ......... 5M DOOM [v~ ~o~., ~co~ "=: ......................... ='~ ........... sF~ ~ ......... ~o~M-' ODL .... =6 _~ ~.- ~ FOHASSIGNMENTS! ................ "~ MONITOR MIXES ~~ '~ ""'-'~'~-' '-:['~ .... ~[.~; .....~.~ix-yb~ .............. ~t~-S"K-[f~ ~ ......... SUB GROUP 3 KI~BASS MIX3 BASS MIX 7 REVERB sus~ou~ ~ ~.s~R LCO~.~ M~X~ K~VS L ........ t~X- ~ .......................... sus ~nouP s ................................. GROUP 7 SUB GROUP 8 TOM .SCOTT · '--"'~,---,,~--POSITION ///PCS DESCRIPTION 'YEs'No' sUBSTITUTi(~N i -- ,~,~o_,,~_~_---------.----------~ .... · ..... - .......... -.. I ............. 2 ~ ~-:F~-~.~-~T~$~s All K ~s w I original pedals BASS '-' dRUMS k.~/l~ geae. incJu~.m~ a rn~er. ' * ............... ' Th.~se_ v~:l n~ 117 '~ts AC ' ' ............. . .... 2 ......re~t L~n Re,~er~ am0itfle, s ~no ~ Knob vers~ons~ ....... All n~sa~ 1/4*spkr ccrds ~'D 'eass G~tat "All n~e~a~ lla,$~kt, cords 2~ Kate. ' ,u TO~ TOm .... ' ~ T~m Tom .............. /. re. ~a:e, ...... ALL N~ He,ds as-follo~: Thomas C, Patter Assistant County Attorney Off[ce of County Attorney 3301 East Tamiami Trail Naples, Florida 34~ 12 (941 ) 774-8400 2469945 OR: 2541 PG: 0201 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BCARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERI'IING BOARD OF THE COLLIER COUFCTY WATER-SEWER DISTRICT, was the owner and holder of a certa;n Agreement with the following: Lynn B. Stepanich, a single woman and Herbert Kur,nsky, a single man 263 Delmar Ln Naples. FI. Bearing the dale of the August 30, 1993, recorded in Official Record Book 1860 Page(s) 1139. in the Of bce o! the Clerk of the C~rcuit Court of Colher County. State of Florida, winch Agreement imposes a lien on Ihe subject real property. The Lien secures the principal sum of one thousand FVe hundred dollars and seventy five cents (S1500.75), plus accrued interest and penalties, if any, and imposes certain obhgation$ against real prope,'ly situated in Collier County, Florida, described as follows: LOT 4, BLOCK C, BROOKSlDE SUBDIVISION, UNIT I ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 24831320003 Collier County, a poliDc, al subdivision of the Slate of Florida, and the Collier County Vlater. Sewer District, a political subdivision of the Stale of Flonda, hereby acknowledges receipt of payment in full Salisfactmn of lhe Den and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Off.al Records of Collier Count'l, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-OileD the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, dirocls execu~on and recording of this Satisfaction of Lien, by action of the Board this~-~']'Ibday of .r,-~,'.,~,.~) , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLE,ER COUNTY AND AS EX-OFFICIO THE ' '~ GOVERNING BOARD OF THE COLLIER ...;,/~ C OU N T/y,/WATER" SEWE~D,:~I' RIOT,.// ~Ai~[LA S. MAC'KIE. CHAIRWOM~N ! Thomas C. Patmer Assistan~ County A~omey Office of County A~orney 330I East Tamiami Trail Naples. Flonda 341 t 2 (94t) 774-8400 *** 2469946 OR: 2541 PG: 0202 *** 1¢ '" SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTRY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUHTY AND AS EX-OFFICIO THE GOVERNIHG BOARD OF THE COLLIER COUHTY WATER-SEWER DISTRICT, was the owner and holder of a certmn Agreement w~th the Daniel S. Chambers and Phyllis J, Chambers. his wife 401 t Coconut Circle South Naples. FI. Bearing the date of the Januay 7, 1992, recorded m Official Record Book 1677 Pagels) 0318. in the Office of the Clerk of the Circuit Court of Colher County, State of Florida. v~Ch Agreement imposes a lien on the subiect real property. The ben secures the principal ,sum of one thousand fWe hundred dollars and Ihirty cents ($1500.30), plus accrued interest and penaEie$, if an,/, and "'nposes certain obhgations against real property S~tuated in Cc4her County, Florida, described as follows: LOT 3, BLOCK E, COCONUT GROVE, UNIT 3, ACCORDING TO THE PLAT IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF COLLIER CO UNTY, FLORIDA FOLIO NUMBER: 26682400002 Colher County, a po~mcal subdivision of the Slate of Flonda, and the Colher County Water-Sewer D~sfrict, a pobt~cal subdivision of the S~,ate of Florida, hereby acknowredges receipt of payment in full sat~sfactK)n ~f the Lien and hereby cancels the ben, The Clerk of the Circuit Court is hereby d, rected to record this Satisfaction of Lien in the Off.al Records of Collier County. Florida. iD acknowledge that the Lien ceases to exist. Itl V/ITNESS V/HEREOF. the Board of Count,,/Commissioners of Collier County, Florida, and as Ex-Off.tie Ihe Govermng Board of the Collier County Water-Sewer District. ac~mg through its Chairma~ dir,~cts execution and recording of this Satisfaction of Lien, by ac1~on of the Board thi~:~ ';~-~' day of ~. 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERHING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO_U~WATER-SEWER~_.~ME~~~DISTRICT Prepared by:v. i;'i L .- Thomas C. P.~Imer Assistant County Attorney Ofhce of County Attorney 3305 East Tamiaml Trail Naples. Florida 34112 (941 ) 774-8400 2469947 OR: 2541PG: 0203 COF~I! I~: '.-," SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KHOW ALL &fEN BY THESE PRESENTS: That Ihe BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERIqlNG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was lhe owner and holder of a certain Agreement v~th the following: Regis A. Cunnlngham, Jr., a s, ng~e perscn 1 '~30 Central Ave. Haples. FI. Bearing the dale of the January 7, 1992, recorded in Ofhc~al Record Book 1677 Page(s) 0286. ~n the Ofhce of the Clerk of the Circud Courl of Collier County, Stale o1' Florida, which Agreemenl imposes a f~en on the sublect real property. The Lien secures the principal sum of two thousnand three hundred and sixty Ihree dollars and eighteen cents (S2363.18), plus accrued interest and penallies, if any. and ,reposes certain obligatk3ns against real property siluated in Colher County, Flonda, descnbed as follows: SOUTH 68 FEET OF LOTS 15 AND 16, BLOCK D, NAPLES VILLAS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63502240004 Col!;er County, a potd.'-..al subdw, sion of Ihe Slate of Flonda, an(: lhe Colhor County Waler-Sewer Distr~ct, a polil~cal subdw~sion of the State of Flonda, hereby acknowledges rece, pt of paymenl m full satisfaction of the Lien and hereby cancels Ih~. Lien. The Clerk of Ihe Circurt Court is hereby directed to record tt,~s Satisfaction of Lien ~n the Off,oal Records of Collier County, Florida. lo acknowledge thal the Lien ceases to ex,st. IN WITHESS WHEREOF. the Board of Ccunty Commiss,oners of Colher County, Florida, and as Ex-Off~Cio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction ofUen, by acfion of the Board this~'~* dayof '.~..,-¢:j .1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE- GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN/T~Y WATER-SEWER DISTRICT Prepared by. Thomas C. Assistant County Al~orney Office of County Altorney 3305 East Tamiami Trail fJaples, Flor~3a 34112 ~941 ) 774-8400 *** 2469948 OR: 2541 PG: 0204 *** H/~!I~H~ At I~:~0~ 0~IGlt'/ I. H0¢I, CLIP! I,~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That Ihe BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT. was the owner and holder et a certain Agreement w~th the Io~owfllg: Mary C. Hughes and Ron J. Hughes. V~fe and husband 85.5 P_,lue bird St. r la,les, FI. Bearing the date of tho January 7, 1992. recorded in Offioal Record Book t677 Page(s} 0282. m Ihe Off:ce of the Clerk of the Circuit Cou.'l of Collier County, State of Florida. v,'h~ch Agreement im0oses a lien on the subject real property. The Lien secures the pnnopal sum of one tho~sand Iwe hundred dOII.3rs and thirly cen;s ($1500.30). plus accrued ,nterest and penalties, rf any, and ~rnposes certain obligations against real property s~uated ~n Collier County, Florida, described as folk~s: LOT 4, BLOCK D, FLAMINGO ESTATES AS RECORDED IN PLAT BOOK 10, PAGES 34 AND 35, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 32482600009 Collier County, a polilical subdivision of the State of Flor)da, and the Collier County Water-Sewer District. a political subdivision el the State of Florida, hereby acknowledges receipt of payment in full satisfacbon of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Ofhcial Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-OffiOo the Governing Board of the Collier County Water-Sewer District. acting through its Chairman. ~f~,CtS execution and recording of this Satisfaction of Lien, by action of the Board this'~'~"* day of ~, 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER ,/ Prepared by: T~j,~.- .... Thomas C. Palmer Assistant County Atlorney Office of County A~orney 3301 East Tamiami Trail Naples. Florida 34112 (94 $) 774-8400 *** 2469949 OR: 2541PG: 0205 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSlOt. tERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY ANO AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: Benjam,n F. Loll and Sharon K Lott. husband and w,fe 837 Coconut C,rcle West Naples. Fl. Bear,ng the date of the January 15. {992. recorded ,n Off,cai Record Book 1679 Pagers) 0873, in the Office of the Clerk o! the C~rcua Cour! c.f Colher County. State of Flor/da, which Agreement imposes a lien on the subject real property. The ben secures the pnr',c~pal sum of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66), plus accrued inleresl and penalties, if any, and imposes certain obligations against real properly situated in Colr~er County, Florida, described as follows: LOT 2, BLOCK A, COCONUT GROVE, UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26580080003 Collier County, a poiiPcal subdivision of the State of FIonda. and the Collier County Waler. Sewer DistrK:t, a poldical subdiWsion of the State of Flor,da. hereby acknowledges receipt of payment in full ~alJsfacf;On of the Lien and hereby cancels Ihe Lien. The Clerk el the Circuit Court is hereby d~rected to record this Satisfaction of Lien in the Official Records el Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Flor~,a. and as Ex-Officio the Governing Board of the Collier County Water°Sewer District. acting through its Chairman. directs execuficn and recording of th~s Satisfaction of Lien. by action of ;he Board LhiS~ day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN/~Y WATER-SEWER DISTRICT Prepared by: FF'/'.[ .... Thomas C. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34t 12 (94I) 774-8~00 2469950 OR: 254I PG: 0206 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT F. EE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUI'ITY AND AS EX-OFFICIO THE GOVERNIIqG BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holcer of a certmn Agreement wth the following: ~ C. l,~-'Gee and Jul,a i'L McGee. his w,fe 040 Coconut Circle West l'Japles, FI. Bearing the date of Ihe December 19. 1991. recorded ~n Official Record Book 1676 Page(s) 0057, Jn the Office et the Clerk of the Cercu,t Court of Coil,er County, State of Flor, la. v,'h~ch Agreement imposes a lien on the subject real property. The Lien secures lhe principal sum of one thousand one hundred dollars ($I 100.00). plus accrued inleresl and penalties, if any, and imposes cedaen obhgat~ons against real property situated m Cother County, Florida, descnbed as follows: LOT 5, BLOCK C, COCONUT GROVE SUBDIVISION, UNIT NO. 1, AS SHOWN AND RECORDED IN PLAT BOOK 4. PAGE 69. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26581120001 Cother Counly. a political subdiwsion of the State el Florida, and the Collier Counly Water-Sewer District. a political subdnnsion of the State of Flor,da. hereby acknowledges receipt o! paymenl in full satisfaction of the Lien and hereby cancels Ihe Lien. The Clerk el lhe Circuit Court is hereby d,rected lo record th,s Sat~slact,on of ben the Ofhc~al Records of Collier County, Florida. to acknowledge that the L~en ceases to ex, st. IN WIT/'IESS WHEREOF, the Board of Couqly Comm,ss,oners of Colher Count~,, Florida. and as Ex-Off,cio the Governing Board of tho Colher County Waler-Sewer District. act,ng through its Cha,rman. directs execution and record,ng of this Satisfact,on Of Lien, by action cf the Board this~ ,/4r,. day of ~, 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUhlTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER Prepared b .yrF, ~' Thomas C. Palmer Ass, stant County Attorney OffiCe of County Attorney 3301 East Tamiami Tra,I Naples. Florida 34112 (941) 774.8400 *** 2469951 OR: 2541 PG: 0207 *** !I? SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KtlOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a cerla,n Agreemen: '/,~th the foiler, rog: Wdham L. Slone and Deborah S. Stone. Husband and Wde 3386 Po~nsetta Dr. Naples. FI. Beanng the date of the January 15, 1992. recorded ~n Ofhoal Record Book 679 Page(s) 0865. in the Office of the Clerk of the Circuit Court of Collier County, State of Flonda, which Agreement imposes a lien on the subject real property. The Lien secures the pnnOpal sum of one thousand two hundred and fifty nine dollars and sixty six cents (S1259.66). plus accrued interest and penalties, d any, and ,mposes cerlain Obligations against real property situated in Colher Coun~7, Florida. described as follows: LOT 11, BLOCK C0 NAPLES VILLAS AS RECORDED IN PLAT BOOK 4, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63501360008 Coll,'er County, a pohtical subdwislon of the State et Fief,da, and the Collier County Water-Sewer District a political subdivision of the State of Florida. hereby acknowledges rece;pt of Daymenl in full satisfaction of the Lien and hereby cancels lhe Lien. The Clerk of the Circuit Court is hereby d~rected to record th~s Sahsfaclion of Den the Off~c,al Records of Colher County. FJorida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Comm,ssioners of Collier County, Florida. and as Ex-Officio the Governing Board Gl the Collier County Water-Sev~er District. acbng through its Chairman, directs executton and recording of this Satisfaction of Den, b'/actK:)n cf the Board thi~' t*'.'- day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER cou 'tY WATgR-S, _2 'FR D 'P CT Prepared Thomas C. Palmer Assistant County Attorney Office el County Attorney 3305 East Tamiami Trail Naples, Florida 341 t2 {941 ) 774-8~J0 *** 2469952 OR: 2541PG: 0208 *** '" 160 3 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT CEE KNOW ALL MEN BY THESE PRESEI'~S: That the BOARD OF COUNTY COMMISSIOHERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUN'rY AND AS EX-OFFICIO THE GOVERIIING BOARD OF THE COLLIER COUI'ITY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the follov~in~: Mddred Hendr,/Peek and Candace mane Werner as Joint Tenants with Rights of Su n,,v/or ship 4009 Thomas.son Dr. Na¢les, FI. Beadng the date of the September 25, 1991, recorded in Ofhcial Record Book 1654 Page(s) 1055. in the Office of the Clerk of lhe Circuit Court el Collier County, Stale of Flonda, which Agreement imposes a lien on the subject real property. The Lien secures the prin~pal sum of hvo thOusand six hundred eighty dollars ($2680.00), plus accrued interesl and penalties, if any, and imposes certain cbligabons agmnst real prope~y situaled ~n Coiher County, Flodda, described as fotlows: LOT 45, BLOCK A, PINE VIEW VILLAS, ACCORDING TO THE PLAT THEREOF RECORDED I~ PLAT BOOK 9, PAGE 49. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOUO NUMBER: 6749180000! CoOl,er County, a pofil~al subdrvis~On of the Sla*,e of Flonda. and the Colher County V/alee-Sewer D~$tncl, a political subdiwsion of the Stale of Flori(3a. hereby acknowledges receipt o! paymenl ~n full satisfaction et the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby d,re~.ted to record th~s Sat~sfaclion of Lien ~n tho Official Records of Cclfier Counf'/, Florida. to acknowledge that the ben ceases Io exist. IN WITNESS WHEREOF, the Board of Count,/Commiss,oners of Colher County, Florida, and as Ex-Officio lhe Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction el Lien. by action of the Board lh~s.4....../a~. . day of ~, '~ ' 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNIHG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTry WAT~R-S~, ~/~EB DlSyRI~CT Prepared by: ~ ~ "- Thomas C. Palmer Assistant County Altorney off~:e of County Atlorney 3301 East Tamiarni Trail Naples. Florida 34112 (9411 774-8400 2469953 OR: 2541 PG: 0209 *** 4 13 3 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certa,n Agreemen~ with the following: Jerome J. Clausen 2845 Storter Ave. Naples. FI. Bearing the date of the April 28. 1994. recorded in Official Record Book 1942 Page(s) 0355. in the Office of the Clerk of the Circuit Court of Collier County, Slate of Florida. v~ich Agreement ,reposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred and sixty dollars and five cenls (St260.05), plus accrued inlerest and penalties, if any, and imposes certain obligations against real proc~er~ s~tuated in Collier County, Florida, described as follows: LOTS 82 AND 83, HALLENDALE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 48783040006 Collier Courtly, a polmcal subdivision of the Slate of Florida, and the Collier County Water. Sewer District. a political subdivision of the State of Florida. hereby acknowledges roc.,eiC;t Of payment in full satisfaction of the ben and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, lo acknowledge that the Lien ceases to ex,st. IN WITNESS "C/HEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Ofhcio the Governing Board et the Collier County Water-Sewer Dislrict, acting through its Chairman, directs execution and recording of this Satisfa.clion of Lien, by acbon of the BOard th s'~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DIST, RICT ./, ¢ ~.,,¢,,'/1 / Thomas C. Pal~er Assistant Count,/Atlomey Off,::e of County Attorney 3301 East Tam,ami Trail Naples, Florida 341 t2 (941 ) 774,8400 *** 2469954 OR: 2541PG: 0210 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder ol a certain Agreement with the follov~ng: Grace E. Allen 4005 Cindy Ave. fiaples. FI. Bearing the date of the November 5, 1991. recorded in Off,cial Record Book 1661 Page(s) 1 345, in the Ofhce of the Cle~ of the C~rcui! Court of Collier County. Slate of Florida. which Agreemenl m'~:x)ses a lien on the subject real property. The Lien secures the principal sum of one lhousand two hundred and hfty nine dollars and sixty six cents ($1259.C::>5), plus accrued interest and penalties, if any, and imposes certain obligalions against real property situated in Collier County. Florida. descnbed as follows: LOT 50 AND 49 HEIGHLAND VILLA SUBDIVISION AS SHOWN AND RECORDED IN PLAT BOOK 5, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 49481800000 Collier County, a political subdivision of the State of Flonda, and the Colher County Water-Sewer District, a political subdivision of the State ol Florida. hereby acknowledges receipt o! payment in lull satisfaction of the L~en and hereby cancels the Lien. The Clerk ol the C,rcu,t Court ,s hereby d~rected to record this Satisfaction of Lien in the Ofhoal Records of Co~her County, Flonda, to acknowledge Ihat the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex,OffK:io the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board Ihis,~"'~~'**' day of ~, 1999, ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUHTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT, Y ¥1ATER-SEVVER DISTJqJCT PAMELA S. MAC'KIE, CHAIRWOMAN Thomas C. Palmer AsSistant Cc)un,h/Allom~y Office cf County Attorney 3301 Easl Tamlami Trail Haples. Florida 3~112 {94 $ ) 774-8~00 *** 2469955 OR: 2541. PG: 0211 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KUOW ALL MEN BY THESE PRESEI'JTS: That the BOARD OF COUNTY COLSMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY Al'ID AS EX-OFFICIO THE GOVER~'BiqG BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the owner and holder of a certain Agreement ~'¢,lh the tolloYnng. Resmord Beauplant and Leon,e BeauDL3nt husband and '.'ldo 4610 orchard Ln Naples, FI. Beanng the dale of the I'lovember 27. 1991, recorded in Official Record Book 1667 Page{s) 1993. ~n the Office of lhe Clerk of the C~rcuil Courl of Cother Counly. Slah; ut Florida. wh~...h Agreement impo-.,es a lien on Ihe SubleCl real property. The Lien se¢~JreS the pnnc,pal Sum of one lhousand two hundred filly rune dollars and sixty six cenls ($125966). plus accrued lnlerest and penalizes, if any, and ~mposes certain obhgahorm against real properly s,tualed ~n Collier County. Flonda. described as follows: LOT 10, BLOCK 2, AVALON ESTATES, UNIT I, Ihl ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3, PAGE 62. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 22621800007 Collier County, a pot,tit, al subd,vis~on of the Slate of Florida. and the Collier Counly V/aloe. Sewer D~stnct. a pd~tical subdivision of lhe Slain of Florida. hereby acknowledges receipl of payment in full sahsfaclion of the L~on and hereby cancels the Lien. The Clerk cf lhe C,rcu~t Court Is hereby al,reeled 1o record th,s Sal~sfachon el Lien m the Official Records of Colher County, Florida. lo acknowledge that the Lien ceases to exist. IN V/ITNESS WHEREOF. the Board of County Comm,ssioners of Collier CoUnty, Florida. and as Ex-Officio the Governing Board of the Colher Counly Water-Sewer Distrmct acl:ng through its Chairman. directs execut~)n and recording of this Satisfaclion of Lien. by acl~on of the Board thi~_ day of ~ '.~. 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUt'ITY COLIMISSIONERS COLLIER COUHTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU ,NT..Y WATER-SEWER DI~T. RICT PAMELA S. MAC'KIE, CHairWOMAN Prepared b'/:";~ ~.~L, Thomas C. Palmer Assistant County Attorney Off~Ce of County Attorney 3301 Eas~ Tamiam, Trail I'{aples. Flor.'Ja 34112 (941) 774.8400 *** 2469956 OR: 2541 PG: 0212 *** 1.00 !I? SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENTTO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE Kr{OW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COI,tl,tlSSIOtJERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU/ITY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement w, th Ihe following: Pa!r,::,a Jane Crockett, Granlee 3922-3924 M,nd, Ave. Naples. FI. Beanng the dale of the November 4, t 99 I, recorded m Official Record Book t 660 Page(s) 1708. in the OffK:e of lhe Clerk of the C~rcu,t Courl o! Colher County. Slate et Flor~la. which Agreement imposes a hen on the subject real property. The Lien secures the pnnc,oal sum of two Ihousand three hundred and s~xty Ihree dollars and eighteen cenls (S2;363. t 8), plus accrued ~nterest and penalties, if any, and imposes certain obligalions against real properly situated in Collier County, Flonda. descnbed as follows: LOT 1, BLOCK B, PINE VIEW VILLAS SUBDIVISION. ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, AT PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA FOLIO NUMBER: 67492040006 Coll.~r Count'/, a poht,Cal subdr,,~ston el lhe Stale o! Florida. and the Collier County Wader. Sewer I~strict. a potibcal subdw~slon el Ihe State of Florida, hereby acknowledges race,pi of payment m full sat~sfa~ of the L~en and hereby cancels the Lien. The C~erk of the C~rcu,t Court is hereby d,rc~Jted to record th,s Salisfaclion of Lion in the Off,c~al Records of CoIher County. Florida, to acknowl .e'Jge that the Lien ceases to ex,si. Il'{ WITNESS WHEREOF. the Board of Cou.ly Comm,ssioners of Colher County, Florida. and as Ex-OlhC-K~ the Governing Board of the Collier County Water-Sewer District. acting throu.~h its Chairmar~ di~rects execut~oc, and recording of this Satisfaction el Lien. by action of the Board this,'~"?~, day of ~¥..CF . 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUI',ITY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERrlING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN.TY WATER-SEWER DIS,T~ICT ._Z_': "_' ...... ....... _, ........ PAMELA S. MAC'KIE. CHAIRM/OMAN Thomas C. Palmer AsS~stan! County AJlomey Ofl~ce of County Atlorney 3305 East Tamiarm Trail Naples. FlorKJa 34112 1941 ) 774.8400 2469957 OR: 2541 0213 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KtIO¥1 ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERHING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certmn Agreement ',',~th the following: W,Iham M. Deeb and carol D. Deeb, husband and w,fe 4259 Mohawk Pl. Na~les. FI Bearing the date of the Hovember 27. 1991. recorded in Official Record Book 1667 Page(s) 2017, m the Office of the Clerk of the Circust Court of Collier County. State of Florida. which Agreement imposes a ben on the subject real properly. The Lien secures the pnncJpal sum of one thousand five hundred dollars and thirty cents I$t 500.30), plus accrued interest and penalt,es, rf an./. and imposes certain obhgat,ons against real property s~tuated ~n Colher Count,/, FIonda, descr,bed as follows: LOT 15. MOHAWK HEIGHTS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGES 113, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: Cothe( County, a pollbcal sul3~vis.,on el the Stale of Flor,da, and the Coil,er County Water. Sewer District, a pof,tical subdiviSa:)n of lhe State of Florida. hereby acknowledges rece,pt of payment ,n full satisfaction of Ihe ben and hereby cancels the Lien. The Clerk of the C,rcu,! Court ,s hereby d~rected lo record lhis Satisfaction of Lien the Off~oal Records of Colher County, Florida. to acknowledge that the Lien ceases to ex, st. IN WITNESS WHEREOF, the Board of County Comm~ss,oners of Collier County, Florida and as Ex-Ofhcto the Governing Board of the Collier County Water-Sewer D,stricl, acting through ~ts Chairman. directs execubon and recording of Ibis Salisfaction of Lien, by action of the Board th,S -~..~_ day of f'~" ?.,~L_.~, 1999. ATTEST: DWIGttT E. BROCK, CLERK BOARD OF COUI'ITY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE COVE ~RNING BOARD OF THE COLLIER COUI)IT¥ W A T EJ:i - S,~/¢9E~. D I ST.,~¢C T PAMELA S. MAC'KIE. CHAIRWOMAN Prepared by~E' ~./~- Thomas C. Palm'er Assistant Counly Attorney Office of County AF, omey 3301 East Tarmarm Trad NaiVes. Florida 34112 (941 ) 774-8400 *** 2469958 OR: 2541 PG: 0214 *** I1,1t.,.I¢I lt~ !I! 1211 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLUER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreemenl '/~th the following: Lena Mae Oorsoy, d~vorced and not married 2661 Storter Ave, Na Dies, FI, Bearing the dale of the November 21, 1991, recorded in Off,c~al Record Book 1665 Page(s) 1233, in the Office of the Clerk of the Circuil Court of Collier County, Stale of Fiodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one lho~sarld five hundred dollars and thirty cenls (S1500.30). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda. described as follows: LOT 19, BLOCK B, WHISPERING PINES, A SUBDIVISION PLA'n'ED AND RECORDED IN PLAT BOOK 4, PAGE 17, COLLIER COUNTY PUBLIC RECORDS, FLORIDA FOLIO NUMBER: 81731320007 Coiher County. a political subdw~sion of the State of Florida, and the Collier County Water-Sewer District, a political subdwision ol the Stale ol Florida. hereby acknowledges receipt of payment in full ~atisfacfion of Ihe Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby direcled lo record Ibis Satisfaction of Lien in the Official Records of Cother Count,/, Florida. to acknowledge that the Lien ceases to exJsl. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, achng through its Chairman directs execution and recording of this Satisfaction of Uen. by action ol the Board this_~ q~ day of ~ ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT PAMELA S. M~,'~rKII~ ~b~lr~N Thomas C. Palmer Assistant County Atlomey Office. of County A~omey 330t East Tamiami Trail Naples. Florida 34 t 12 (94 t ) 774-8400 2469959 OR: 254I PG: 0215 1,00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certa;n Agreement with the Io{lowing: Lena Mae Dorsey, d~vorced and not roamed 2647 Storter Ave. tlaples. FI. Beanr~ the date of the November 21, 1991. recorded in Ofhcial Record Book 1665 Page(s) 1125, in the Ofhce of the Clerk of the Circuit Court of Collier County, State of Florida. ¥~I~ch Agreement imposes a lien on the subject real property. The Lien secures the pnncipal sum of ONE THOUSAND TWO HUNDRED AND FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1259.66), plus accrued interest and penalties, if any, and imposes certain obtigalJon$ against real property situaled in Collier County, Florida. described as follows: LOT 20, BLOCK B, WHISPERING PINES, A SUBDIVISION PLATTED AND RECORDED IN PLAT BOOK 4, PAGE 17, COLLIER COUNTY PUBLIC RECORDS, FLORIDA FOLIO NUMBER: 81731320007 Coil,er County, a political Subdivision of the Stale of Florida, and the Collier County Water-Sewer Distr-'l, a poht~al subdivision o! the State ol Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk ol the Circu,t Court is hereby directed to record this Satisfaction of Lien Jn the Official Records of collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. actzng through its ChairmaQ. directs execut;on and recording of this Satisfaction of Lien. by action of the Board this(-~q'~' day of ~..~~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY, WATER-SEWER DIS ~TRICT Prepared by:'~. Thomas C. Palmer Assistant County Atlorney Ofhce of County Attorney 3301 East Tarmami Trail Naples, Florida 34112 (94 $ ) 774-8400 *** 2469960 OR: 2541PG: 0216 *** "'" ':'""':'" 16g SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was lhe owner and holder of a certain Agreemenl v,'rf~ t~e follovnng: Patsy J. Downing 4 $ ~ 9 C,nd~ Ave. Naples. FI. Bearing the date Of lhe November 5. 1991, recorded ~n Ofhcial Record Book 1661 Page(s) 1321. in the Offce of the Clerk of the Circuit Court of Colher County, Stale of Florida. which Agreement imposes a lien on the subject real property, The Lien secures the pru'~c~pal sum Of one thou~ five hundred dollars and thirty cents {S1500.30). plus accrued interest and penalties. ~f any. and ~mcx~ses certain obl,gat~ons against real property s~tuated ~n Cottier Count,/, Flodda. described as follows: LOT 42, HEIGHLAND VILLAS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5. AT PAGES 2 & 3. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 49481520005 Colt~er County, a political subdiWs~On of the State of Florida, and the Collier County Water-Sewer District, a political subdn4slon of tho State of Florida. hereby acknowledges receipt of payment ~ full ~,at~sfaction Of Ihe L~en and hereby cancels the Lien. The Clerk of the C,rcu~t Court is hereby d, rected to record this Satisfaction of Lien ~n t~e Official Records of Collier County, Flonda, to acKnov4edge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of Counly Commissioners of Collier County. Fionda, and as Ex.OfficiO the Govermng Board of the Collier County Water-Sewer District, acl~ng thrOugh its Chairman, directs execution and recording Of this Satisfaction of Lien. by action of the Board this~ day of ~, 1999. ATTEST: DWIGHT E BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU NT_/Y,, WAT E R-S EWE R DIS/81CT PAMELA S. MAC'KIE. CHAIRWOMAN Prepared Thomas C. Palmer Assistant County ARoma-/ Offm_.e of County Attorney 3301 East Tamiarni Trail I',~aples. Florida 34112 (94~;) 774-8A00 *** 2469961 OR: 2541 0217 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COM,MISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement vafh the following: Joseph A. Fallucca and Jo'/A. Fallucca. Husband and Wde 3425 LakeV~ew Drive Nal31e$. FI. Bearing the dale of the November 27, 1991, recorded in Off,oal Record Book 1667 Page(s) 2026. in the Office of the Clerk of the Circuit Court of Colher County, Stale of Florv3a. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand fiYe hundred dofMrs and thirty cents (St 5OO30), plus accrued interest and penallies, if any, and imposes certain obhgaI~ons agamsl real property s~tuated in Colher County, Florida, de~nbed as follov/s: LOT 3, BLOCK 6, GULF SHORES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 50, OF THE PUBLIC RECORDS OF COLI. JER COUNTY, FLORIDA FOUO NUMBER: 48173920008 Corse, County, a poP,fica! subdn~sion of the State of Flonda, and the Collier County Water-Sewer ~slncl. a l:x)lit~cal ~ubd~sion of the State of Florida, hereby acknowledges receipt of paymenl in full satisfaction o! lbo Don and hereby cancels the Lien. The Clerk of the C~rcuit Court is hereby al,reefed to record this Satisfaction of Lien ~n the Othoal Records of Colher County. FlonrJa, to acknowledge that Ihe Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. ar~ as Ex.Officio the Governing Board of the Collier County Water-Sewer D~strict, achng through as ChairmarL. directs execut/on and recording of of ben. by actx~n of the Board lhi~ day ol ~. 1999. this Satisfaction ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT. y WATER-SEWER DISTRICT Prepared 1~, ~'~.,)~ Thomas C. P~ me Assistant County Attorney Oftice Of County Attorney 3301 East Tam,arm Trait Naples. Florida 34112 (941 ) 774.8400 *** 2469962 OR: 2541 PG: 0218 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That lhe BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SE'WER DISTRICT, was the owner and holder of a certain Agreement with the fo~towing: Jose A. F~lalgo and Juha M. FKA31go, husband and wife 2633 Storter Ave. Naples, Fi, Bear,rig the date of lhe November 21, 1g~1. recorded in Offi¢,al Record Book 1665 Page(s) t 125, in the Ofhce of the Clerk of the Circuit Court of Collier County, Stale of Flor~ta. whiCh Agreement imposes a hen on the sublect real property. The Lien secures the prmOpal sum of one fhousand two hundred and fifty nine dollars and sixty six cents 151259 66L plus accrued interest and pertalt~es, if any, and imposes certain obligations against real property s~tuated in Collier County, Flor~a. described as follows: LOT 21 BLOCK B, WHISPERING PINES, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 4, PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81731360009 Coil,er County, a poht~..al Subdnnslon of the State of Florida. and the Colher County Water-Se~er Distnct, a potd~g lul:xfivtl,~on of Ihe State el Florida, hereby acknowledges receipt of paymenl in full satisfacffJon o~ the Lien and hereby cancels the Lien. The Clerk o! the C;rcu4 Court is hereby d~rec'.ed Io record th~s Satisfaction of Lien in the Ofhcial Records of Collier County. Flonda. to acknowledge that the Lien ceases to exJst. IN WITNESS WHEREOF. the Board of County Comm,ss,oners of Collier County. Florida. and as Ex.OfPc~o the Governing Board of the Collier County Water. Sewer District.,. acting lhrough its Chmrman..d~rects execut~cn and recording of this Satislaclion of Lien, by act":)n of the Board thi$.!i//~b day of 'L-~.J,~ . .. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU~T]Y WATER-SEWER DI$'~RICT .. Thomas C. P~l~r Assistar, t County A~cxney Of bce of County A~orney 3301 East Tamiami Trail Naples, Flodda 34112 (94 $ ) 774-8400 *** 2469963 OR: 2541PG: 0219 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KrlOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder ol a certain Agreemen~ w~th the fc~lowing: Carl S, Hydes and IJllian A. Hydes Husband and W,fe 34 t 8 Searle Ave. Naples. FI. Bearing [he date of the fk:vvember 21,199t, recorded ~n OIf~Cial Record Book 1665 Page{s) 1201, in lhe Off~-.e of the Clerk ot the Circuil Court of Collier County, Slate of Florida. which Agreernenl imposes a hen on the subject real property. The Lien secures the pr~nopal sum ol one thousand seven hundred forty one dollars and lwenty six cents ($1741.26), plus accrued inlerest and penalties, if any, and ~mposes certain obhgat~ons against real property silualed in Co/tier County, Florida. described as follows: LOT 18, BLOCK B, SOUTH TAMIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF IN PLAT BOOK 3. PAGE 44. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 74411200001 Collar County, a POhl~al sulxl~iSion of the Stale of Florida, and the Collier County V/aler. Sewer I~slricl, a pOhl~r, al subdivision of lhe Stale of Florida, hereby acknowledges rece~pl o! payment in full satisfaction ol the Lien and hereby cancels the Lien. The Clerk o! Ihe Circuit Court is hereby directed Io record Ihis Satisfaction of Lien Off,c~al Records of Collier County. Flor~da. lo ackno,Medge lhal lhe l.ien ceases Io Itl V/ITl'lESS V/HEREOF. lhe Board cf County Commrss~oners of Collier Coonty, Flcrz~a. and as Ex-DirKeD the Governing Board of Ihe Colher County Water-Sewer Di$lnct. acting thrOugh its Chairrnan.,.d!!'~.cts execubon and recording ot lhis Satisfaction of Lien, by actk~ of the Board lhis'_'.,)"V'~' day ol C,'.A)q.) , ,1999. ATTEST. DWIGHT E, BROCK. CLERK , t..Jc BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN ¥:WATER-SEWER DIS~'RICT ~AME~A S. MAC'KIE, C~A~P,~O-I~AN -- Thomas C. P~lrTler Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8-100 *** 2469964 OR: 2541PG: 0220 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE Kr4OW ALL MEH BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIOf~4ERS, COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUI'JTY AI'.4D AS EX-OFFICIO THE GOVERHING BOARD OF THE COLLIER COUhlTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement wth the following: David Joel James, JR. a single person 4304 Rose Ave. r,ia~s. FI. Bearing the date O~ the I~Jovember 4, lg91. recorded in Ofhcial Record Book 1660 Page(s) 1736. in the Office el the Clerk of the Circus! Court of Co,lei County, Stale et Florida. v~mCh Agreement imposes a lien on the subject real properly. The Lien secures the pnr~pal sum of two thousand six hundred and three dollars and e~ghty two cents ($2603.82;° plus accrued inleres! and penalties, d any. and ~mp~ses certain obhgahons agmnst real properly s~tuated in Co{her County, Florida. described as follows: LOT 18, BLOCK A, PINE VIEW VILLAS IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9, PAGE 49, PUBLIC RECORDS OF COLLIER COUI'tTY, FLORIDA FOUO NUMBER: 67490720001 Coil,er County, a political subdWis~ of the State of Florida, and the Collier County Water. Sewer District. a pol~ical subcrwision of the State o! Florida, hereby acknowledges receip! of paymenl in tull satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Off,mai Records el Coiher County, Florida. to acknowledge that the ben ceases to exrst. IH V/ITl'lESS WHEREOF, the Board of County Commissioners of Colher County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer Districl, acting through its Chair~ .r~(~,,dir,~cts exec.ulion and recording of this Satisfaction of Lien. by act~3n of the Board this~-;"'l'*'* day of ,(-~ , 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNIHG BOARD OF THE COLLIER Prepared by:. TQm./ .... Thomas C. Palmer Assistant County Attorney Off,ce of County Attorney 3301 East Tamiami Trail I'iaptes, Florida ~ 112 (941) 774.8400 *** 2469972 OR: 2541PG: 0268 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the o~mer and holder of a certain Agreemenl v,~th the fotlo~nng: Keener De"vek~ment, a General Par~nersh,p 2672 Gulfview Drive t Japtes. FI. Beanng the dale of the fJovember 27, 1991, recorded ~n Official Record Book 1667 Page(s) 2055, in the Of PCe of lite Clerk of the C~rcuit Court ol Collier County, Stale of Florida. wh~..h Agreemenl imposes a lien on the subject real property. The Lien secures the pnnopal sum of one thousand f~ve hundred dollars and thirty cents (S1500.30}, plus a~rued ~n',erest a~J penalizes, if any, and imposes cerl, ain obhgations against real property s~tua~:ed in Co~.lier County, Florida, described as fo,cms: LOT 14, BLOCK 3. GULF SHORES. IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 50, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 48171880001 Col:~er County, a political subdWi$ion of the State of Flor, la. and the Collier County Water. Sewer District. a i:x~dical sub~Msion ol the Slate of Florida, hereby acknowledges receipt of payrner~! ~n full ~alJsfact~on of the Den and hereby cancels the Lien. T~'.e Clerk of the C~rcu~t C~urt ,s hereby directed to record th,s Satisf3ction of Lien ~n the Ofhoal Records of Coil,er Coun>/, Ftonda, to acknowledge that the Den ceases to ex*st, IN WITNESS WHEREOF. the Board of County Commissioners of Collier Couhty. Flor,3a, and as Ex-Ofl~cio lhe Govermng Board of the Collier Counly Water-Sewer D~strict. acting through ~ts ChaJrnr'~an~ directs execution and recording ol this Satisfaction ol Lien. b'/action of the Board this,~ ~'* day of ~. 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT.Y WATER-SEWER DISTRICT Prepared by:. Thomas C. Palmer AsSistant County Attorney Office of County Attorney 3301 East Tamiarm Trad fJaples. Florida 34112 (941) 774-8~,00 *** 2469973 OR: 2541 PG: 0269 *** HC H! ~,o~ co?I~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEH E3Y THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the (w,'ner and holder of a certain Agreement W~th me foflowing: Dada Ewert Lamberson, formerly know~ as Dada Lee Ewert 3049 Coco Ave. Naples, FI. Beanng Ihe date of the flovember 18. 1991, recorded in Official Record Book 166~ Page{s~ 1756, in the OfpCe of the Clerk of the Circuit Court of Collier County, Slate ol Florida. ,/,h~h Agreemenl imposes a lien on the subject real property. The Lien secures the prinopal sum of hvo thousand eight hundred and foully four 'dollars and seventy eight cents ($2844.78). plus accrued interest and penalties, if any, and imposes certain obhgat~ons against real property situated in Collier County, Florida. described as follows: LOT 9, BLOCK B, SABAL SHORES, A SUBDIVISION PLATTED AND RECORDED IN PLAT BOOK 3. PAGE 37, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 71781120005 Collier County, a poflt~cal subd, vision of the State of Florida, and the Collier County Water-Sewer [~stnCf. a poflt~..al subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Courl is hereby directed to record this Satisfaction of Lien ~n the Ofhcial Records of Colfler County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commiss,oners of Collier County, Florida, and as Ex-Officio the Governing Bc, ard of the Colher County Water-Sewer District. acting ~hrough its Chairrna, n.. dif~,s exec.u.tion and recording of this Satisfaction of Lien, ~! act~c,,n of [he Board thi~' I'~ day o! ~, 1999. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~C'~WATER-SEWER DIST~R, ICT PAMELA S. MAC'KIE, CHAIRWOMAN Prepared b .Y:-k' J?.,.-..-~-- Thomas C. Palrher Assistant Count,/Attorney Off~...e of County Attorney 3301 East Tamiami Trail Naples. Flodda 34112 (g~ 1 ) 77.~-8400 *** 2469974 OR: 2541 PG: 0270 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIOIqERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wffh the following: Darla Ewert Lamberson. formerly known as Darla Lee E',',ert 3339 Basin St. Naples, FI, Bearing the date of the November 18, ~991, recorded ,n Official Record Book 1664 Page(si ~ 748, in lhe Office o! the Clerk of the Circuit Court of Collier County, State ot Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand seven hundred and forty one dollars and lwenty six cents (S$ 74t.26), plus accrued interest and penalties, if any. and im~3ses certain obhgat~ons a~a~ns! real property s~tuated in Collier County. Florida, described as follows: LOT 39. BLOCK F, A SUBDIVISION OF SABAL SHORES. ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4. PAGE 40, OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, LESS THE NORTH 15 FEET OF LOT 39 FOLIO NUMBER: 71831240000 Coil,er County, a pofl~..al subdn,'ision of the State of Florida, and the Collier County Water.Sewe~ District a political Subdrvision Of the State of Florida, hereby acknowledges receipt of payment ~n full satisfaction of the Lien and hereby cancels t,~e Lien. The Clerk of the Circuit Court is hereby d, rected to record this Satisfaction of Lien the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to eXJst. IN WITNESS WHEREOF, the Board ot County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma.~ d.i/q[K:ts exec~n and recording of this Satisfaction of Den. by a~ion of the Board this~' J~'~ day o//~'fl~) ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY Al,ID AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~.~ WATER-SEWER DISTRICT PAI~ELA S~-MA-C;KI~. C~Al~/bl~ Prepared ~: ThOmaS C. Palmer '~', ~o-/_~. ~ Assistan~ County A~omey ~f~e of ~un~ A~orn~ ~1 East Tam~ Tra~ Naples. F~ ~112 (94 ~ ) ~-~ 2469975 OR: 2541 ?G: 0271 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Darta Ewed Lamberson, formerly kno?~ as Dada Lee Ewert 3061 Coco Ave Naples. FI. Bearing the date of the November 18, ~991. recorded ~n Official Record Book 1 ~ Page(s) t 752, in the Ofl~:e of the Clerk of the Circuit Court of Collier County, State of Florida. v~h Agreement ~mposes a lien o~ the subject real property. The Lien secures the principal sum of two thousand eight hundred and forly four dollars and seventy eight cents ($~84.4.78), ~us accrued interest and penalties, if any. and imposes certain obligatX:)ns against real pro~erty s~tuated in COllier County, Florida. described as follows: LOT 10, BLOCK B. SABAL SHORES, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 3, PAGE 37, OF THE PUBLIC .. RECORDS OF COLLIER COUNTY. FLORIDA FOLIO NUMBER: 71781160007 Coil,er County, a po~i~cal lubdwision o! the State of Florida, and the Collier County Water-Sewer ~strict. a i:~c.,al subdivision of the State of Florida, hereby acknowledges rece, p~ o! payment in full satisfaction of ~ Lien and hereby cancels the Lien. The Clerk of the C~rcu~t Court is hereby directed to record this Satisfaction of Lien in the OffK:ial Records of Collier County. Florida, to acknowledge that the.Lien ceases to ex, st. IN WITNESS WHEREOF, the Board of County' Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairma?,.d,i{(~Cts execu..tt0n and recording of this Satisfaction of Lien, by action of the Board this".Z~'__~.~ day of ~?J~;J~ , ~999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AHO AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUI)I.'T~ WATER-SEWER DISTRICT PAMELA S. MAC'KIE, CHAIRWOMAN Prepared by:7(' Thomas C. P4[rffer Assistant County Attorney office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2469976 OR: 2541PG: 0272 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KtlOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the ct,vnet and holder of a certain Agreement v~h the foflov~ng: Johann W, Marti and Asia I. Ma~li, husband and W~fe 3173 Bayshore Iqaples, FI. Bearing the date of the November 18, 1991, recorded in Official Record Book 1664 Page(sl 1760. in the Off~ce el Fhe Clerk of the Circuit Court of Collier Counly, State of Florida. v~.:h Agreement imposes a Fien on the subject real properly. The Lien secures the pnnopal sum of._f.o~. [ thou~.~, o_n_e__h_u_~.r~j_.e~..,_an_d.e!g.h_ty~ig.h_t dg[l_aLs a_nd_ninty four. centsl~4J 88.94]. plus accrued interest and penalties, if any. and imposes certain obligations against real property rdtuated in Collier County, Florida, described as Follows: LOTS 7o 8, AND g, BLOCK A, SABLE SHORES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 71780240009 Coil,er County, a 13oI~t~cal subd~sion of the Stale of Flor~le, and the Colher County Water.Sewer I~str~'l, a political subdivision of the State of Florida, hereby acknowledges rece~pl of paymenl in full saii$laction of the Lien and hereby cancels the Lien. Tim Clerk oF the C~rcu~t Court is hereby d~rected to record this Satisfaction of Lien in the Off,::ial Records of Collier County, Florida, to acknowledge that the Lien ceases to ernst. It,' WITNESS WHEREOF· the Board of County Commissioners oF Collier County, Florida, and as Ex.Officio the Governing Board of the Collier County Water-Sewer District, acting through i~s Chairman. directs execution and recording of this Satisfaction of Den. by action of the Board th~s,~ t day of ~. 1999. ATTEST: DWIGHT E, BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER *** 2469977 OR: 2541PG: 0273 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KfJOW ALL MEfI BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIOrIERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNIr,IG BODY OF COLLIER COUNTY ArID AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUI'ITY WATER.SEWER DISTRICT. was the owner and holder of a certain Agreemenl w~th the following: J~hann W. Mar~ and Asia I. LfartJ, husband and wile. and Roy W. Math 3325 Coco Ave. rL3p~es, FI. ,5e3nng the date of the November 21, 1991, recorded in Official Record Book 1665 Page(,,; 1209, in the Office of the Clerk of the Circuit Court el Collier Counly, SIate el Florida, whv'.,h Agreemen! imposes a lien on the subject real property. The Lien secure.,, the pnnopal sum Of one thousand bye hundred dollars and thirty cenls IS1500.30). plus accrued ~nterest and pena/t~e$, if any, and imposes certain obhgations agmnsl real proper:'/ situated ~n ~l~er County. Florida. described as follows: LOTS 7 AND 8, BLOCK B, SABAL SHORES. IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 71781080006 CoOl,er County, a political subdivision of the State of Florida, and the Collier County Vlaler,Sewe~ ~strict, a political aubdMston of the Slate of Florida. hereby acknowledges race,p! of paymenl ~ fu~l satisfacPOn of the Lien and hereby cancels the Lien. The Clerk el the Circuit Court is hereby d~recied lo record Ibis Salisfaction of Lien fn (he Ofhcial Re,".,ords of Collier Count'/, Florida, Io acknowledge thai lhe Lien ceases Io exist ir,i VIITrlESS WHEREOF, the Board of County Comm, ss~oners of Collier County, Florida, and as Ex-Offido the Governing Board of lhe Collier County Water-Sewer Disb'ict. acting through its Chairman. directs execu~on and recording of this Satisfaction of Lien. by action of the Board this,~ day of ~_.~~, 1999, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERHING BODY OF COLLIER COUttTY AND AS EX-OFFICIO THE GOVERHING BOARD OF THE COLLIER COUNT~WATER-SEWER DIST~I~CT Prepared by: ?~- ,~ ./ .. _ Th<~mas C. Wair~er Assistant County Attome7 Office of County Atiorney 3301 East Tarmami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2469978 OR: 2541 PG: 0274 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUI'~'rY AND AS EX-OFFICIO THE GOVERNIHG BOARD OF THE COLLIER COUI'~TY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement wffh ~he follow~ng: Francisco A. Menendez and Alicia Menendez, husband and wife 4016 M~r~ Ave. tiaples. FI. Beanng the dale of the November 8. 1991, recorded ~n Officia! Record Book 1662 Page(s) 0817. fn the Off,'-.e of lhe Clerk of the Circuil Court ol Colher County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures ff~e principal sum of one thousand five hundred dollars and thirty cents ($t500.30). plus accrued interest and penalties, if any, and imposes certain obhgations aga,nst real propert,/ s~luated ~n Cother County, Florida, descr~l as follows: LOT 8. BLOCK B. PINEVIEW VILLAS. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK g, PAGE 49. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 67492320001 Cofi~er County, a polit~7.al subdMsion ol the State of Flonda, and the Collier County Water. Sewer District. a po~ifi,'..al subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk ol the Circu~l Court is hereby d~recled to record this Satisfaction of Lien the Official Records of Coaier County, Florida. to acknowledge that the Lien ceases to exist. II'i WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Wa~er-Sewer Districf, acting through its Chairman. d~r~cts execution and recording of this Satisfaction of Lien. by a~mn of the Board th~s ~' ~day of ~, 1999. ATTEST: DWIGHT E, BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER Thomas C Palmer Assistant Count'/AUorney Off~ce of County Attorney 3301 East Tam,ami Tra,I Naples. Flonda 34112 (941 ) 774-8400 *** 2469979 OR: 254I PG: 0275 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KHOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIOIqERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUHTY WATER-SEVIER DISTRICT, was the cr,.mer and holder of a certain Ag/eemenl w~th the following: Nancy Ann l~llar, a ~ngle Woman 4004 Rose Ave. Naples. Fl. Beanng lhe date o! the November 8. 1991. recorded in Othcial Record Book t 162 Page(si 0785. ~n the Ofhce of the Clerk ol the Circuit Court of Colher Co. Jnty, State of Florida. which Agreement imposes a lien on the sublect real property. The Lien secures the principal sum of one thousand fwe hundred dollars and thirty cents {$1500.30), plus accrued interest and penalties, if any, and ~mposes certain obligations against real propert'/ ~uated in Collier County, Florida, described as follow~: LOT 5, BLOCK A, PINE VIEW VILLAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, AT PAGE 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 67490200000 Colher County, a poht~,al subdnns~on ol the State of FlorK:la, and the Collier County Water. Sewer District. a potitk:al ~ubdivision of lhe State of Flor,,da, hereby acknowledges receipt o! paymenl in tull satisfact~:)n of the L~en and hereby cancels the Lien. The Clerk of the Circud Court ~s hereby 0~rect~J to record Ihis Satisfaction of lien in the Othcial Records o! Colher County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flor~Ja. and as Ex-Officio the Governing Board of the Collier County Water-Sewer Districl, acting through its Chairma,r~,directs execu~on and recording of this Satisfaction of Lien. by action of the Board this,' ~/}'/~day of (-~/~J:, .1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~ WATER-SEWER DIS,TRICT PAI~EL~ ~;~-MA-C;KI~. CI~AIPJ~O ' Prep:~red by: '~ Thomas C. Palmer Assistant County Atlorney Oft"me of County Attorney 330t East Tamiami Trail Naples. Florida 34112 (941 ~ 774-8400 *** 2469980 OR: 2541 PG: 0276 *** PIC ~ll ~.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUHTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder et a certain Agreement wffh the fc41owfl~g: Duncan John Kelly i'iicr.,I and Nancy Ann N~col. husband and wife 4602 flormandy Drive Naples, FI. Bearing the date of the November 5. 1991, recorded in Official Record Book 1661 Page(s) 1605, in the Off~..e of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real properly. The Lien secures the pnncipal sum of one thousand five hundred dollars and thirty cents (St500.30), plus accrued interest and penalties, if arty. and imposes certain obligations against real prdperty situated in Collier County, Florida, described as follows: LOT 12, BLOCK 1, AVALON ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 22620400000 Cotl~er County, a poflfGcal subdiWs~on of the State of Flonda, and the Collier County Water. Sewer District, a pofitical subd,wsion of the State of Flor~Ja. hereby ackncrMedges receipt of payment in full satisfact~n et the L~en and hereby cancels the Lien. The Cleck of the Circuit Court is hereby d, rected to record this Satisfaction of Lien in the Ofhcial Records of Colher County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County' Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairma?., ~ir,~ects exec~fi.,on and recording et this Satisfaction of Lien, by action of the Board this.'~ ~*~ day el ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER C O U N,~ W AT E FJ - S F-,.~P~ DISTI~ICT Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 2469981 OR: 2541PG: 0277 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KrIow ALL MEN BY THESE PRESENTS: That the BOARD OF COUNT'(. COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement ~ the following: Abel Ortega and Norma I, Ortega, husband and wife 2520 Okeechobee St. Naples. FI. Bearing the dale of the November 21. 1991. recorded n Official Record Book 1665 Page(s) 1213. in the Office of the Clerk of the Circuit Court Gl Collier Counly. State of Flock, which Agreement ,'nposes a lien on the subject real property. The Lien secures the principal sum of one thousand live hundred dollars and lhirty cents ($1500,30). plus accrued ~nterest and penalties, if arty, and imposes certain obligations against real property situated in Co~er County. Florida, described as follows: LOT 19, BLOCK E, SOUTH TAMIAMI HEIGHTS, ACCORDING TO PLAT THEREOF IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 74413560008 Collier County, a pohfical subdivisiOn of the State ot Florida, and the Collier County Water-Sewer District, a lx)l~.al r, ubdivision of the State of Florida, hereby acknowledges receipt of payment in full safisfaclk:~ of the Lien and hereby canc~,ls the Lien, The Clerk of lhe Circuit Court is hereby directed to record this Satisfaction of Lien in the Off--al Records of Colher County, Florida. to acknowledge thal the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida~ and as Ex-Officio the Governing Board Gl the Collier Counly Water-Sewer District. acting thrOugh its Cha~rma,n_d[rects execution and recording of this Satisfaction Gl ben. by action o! the Board th~s,""_.,,~'~'/~ day of ~. 1999. ATTEST: DWIGHT E BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~WATER-SEWER DIS,TRICT Prepared by :'~T~ Thomas C. Palmer Assistant County AtIomey OffiCe of ~n~ ~1 East Ta~a~ Tra~ Napt~, F~ ~112 (941) 2469982 OR: 2541 PG: 0278 *** lie [!1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUf~'Y. FLORIDA, AS THE GOVERHING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certmn Agreement wth the follow~ng: V~o¢ J. Perez and Haydee Perez. husband and wife 3511 Caloosa St. hlaptes. FI. Beanng the date of the November 25. 1991, recorded ,n Ofhoal Record Book t666 Page(si 1598, in the Olf~e o! the Clerk of the C,rcu4 Court ol Colher County, Slalo of Flonda, v,~,ch Agreement imposes a hen on the subject real ¢roperty. The Lien secures the pnnopal sum of one thousand bye hundred dollars and th,try cents ($1500.30), plus accrued interest and penalties, if any, and ~mposes certain obhgabons against real property s~tuated m Coiher County, Florida, described as follows: LOT 1. BLOCK C, SOUTH TAMIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3. PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA FOLIO NUMBER: 74411600009 Colher County. a pohtical subdivision of the Slate of Flor,da, and the Collier Cgunty Vlaler-Sewer I~lslrlcl, a po~itc..al sul:,d~sion of the State ot Florida. hereby acknowledges rece+pt of payment in full salisfacbon ol the ben and hereby cancels the Lien. The Clerk of the Circuit Court is hereby d~rected to record this Satisfaction of ben ~n lhe Ofhcial Records of Colher County, Flonda. to acl, nowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board o! County Commissioners of Collier County, Flonda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer D~stricl. achng through ~ls Chairma,Q. di(ects execution and recording ol this Satisfaction of Lien. by action of '~he Board lh=s~day of ~, 1999. ATTEST: DWIGHT E BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUMTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTJ( WATER-SEWER DISTRICT Prepared by: ~(, Thomas C P~lmer Assistant County Attorney Office of County Allorney 3301 East Tamiami Trail Naples. Florida 34112 ¢941 ) 774.8.400 *** 2469983 OR: 2541 PG: 0279 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUHTY AHD AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certam Agreement ynth the foflovang: Eduardo Pere~ro and Luisa M. Pereiro. Husband and W~fe 28,42 1~3rretf Ave. Naples, FI, Bearmg the date of the November 26. 1991. recorded ,n Ofhc,al Record Book 1667 Page(s) 1972, m the Office of the Clerk of the C~rcuR Court of Co,her County, Slate of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the pr~nopal sum of o.ne thousand five hundred dollars and thirty cents (St 500.30), plus accrued interest and penalpes, if any, and imposes certain Obligations against real propert,/ s,tuated m Colher County, FIodda, descnbe~ as follows: LOT 52, BLOCK B, WHISPERING PINES, A SUBDIVISION OF LOTS 48 AND 49 IN NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS ~'2. AS PLATTED AND RECORDED IN PLAT BOOK 4, PAGE 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81732120002 Colhor County, a pohtical subd~wsion of the State of Flonda, and the Collier County Water-Sewer O~strict. a poht'Cal subdwis~on of the State of Flonda, hereby acknowledges receipt of payment in full sabsfactK)n Of the Lien and hereby cancels the Lien. The Clerk of the Circu,! Court is hereby d~rected to record this Sat,slaction of Lien in the Ofhcial Records of Coiher County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. F$or~la. and as Ex-Ofhc~o the Governing Board of the Coil/er County Water-Sewer Ois!rict, achng through its Cha~rma. r~ directs execution and record,rig of this Satisfachon of Lien. b'/actN:x'~ of the Board this~.~l~/~ day of ~..~.[.~_~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AHD AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER cou ,cr A ~s C. P~l~er ' ' Assistant County Attorney Office of County Attorney 330'1 Easl TamiarrY Trail Naples. Flonda 34112 (94 t ) 774.8400 *** 2469984 OR: 2541 PG: 0280 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KI~IOW ALL MEN BY THESE PRESENTS: Thai the BOARD OF COUNTY COMMISSIOt'IERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CouNrl'y WATER-SEWER DISTRICT, was the owner and holder of a cerlam Agreement with the fotlomng: Slelfa Salvatore and Ard Fayard, SR. 2986 Barrett Ave, ;,'aptes, FI. Bearing the dale of the tiovember 25, $991, recorded in Official Record Book 1666 Page(s} t 582, in the Office of the Clerk of lhe Circuit Court of Colher Counly. Slate o~ F~odda. which Agreemenl imposes a lien on Ihe subject real property. The Lien secures the principal sum of one thousand frye hundred dollars and thirly cents ($1500,30). plus accrued interest and penalties, if any, and imposes certain obligations against real property s~tuated in Coil,er County. Fio~la. described as follo~: LOT 21 AHD W 1/2 OF LOT 22, OAKRIDGE MANOR, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 26. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 64510680008 Collier County, a poht~cal subdr~sion et lhe State of Florida, and the Collier County Water. Sewer Ehstrict, a 1~3fiPCal subdn4sion of the State of Florida. hereby acknowledges receipt of paymenl ~ri ~ull ~at~s~actJon of the Uen and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Safistaclion of Lien ~n lhe OfhOal Records of Colfier County, Florida. to acknowledge thai the Lien ceases to ex,st IN WITI'iESS WHEREOF. the Board of County Commiss,oners of Coil,er County, Florida. and as Ex-Off~cio the Governing Board of the Collier County Water-Sewer D~strict. act,ng through its Chairman. directs execution and recording of this Satislaction of Den. b'/ac:~on of the Board lhis~"~'~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EXoOFFIClO THE GOVERNING BOARD OF THE COLLIER COUN,T~ WATER-SEWER DIS;r~ICT ...... PAMELA S. MAC'KIE. CHAIRANOMAN Thomas C. P,~lmer Assistant County Attorney Office of County Alto~ney 3301 East Tamiami Trail Naples. Florida 34112 (94 $1 774-8400 *** 2469985 OR: 2541 PG: 0281 *** CO?iH SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUt',rTy WATER-SEWER DISTRICT. was the ov~er and holder of a cena:,n Agreement with the Johnnie J. & Carmen R. Weeks, Husband and Wife ,:300 Mohawk Place t. laples. FI Bearing the date of the November 25, 1991. recorded in Official Record Book 1666 Page(s) 1586, in the Office of the Clerk of the Circuit Court of Collier County, State ol Florida. which Agreement in,poses a lien on the subject real property. The Lien secures the p,'u3cipal sum of one thousand In/e hundred dollars and thirty cents ($1500.30), plus accrued interest and penalties, if any, and ~mposes certain obligations against real property situated in Coil,er County, Florida, described as follows: LOT 35, MOHWK HEIGHTS, ACCORDING TO THE PLAT THEREOF REORDED IN PLAT BOOK g, PAGE 113, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 60481440009 Collier County. a political subdwis~on of the Stale of Florida. and the Collier County Water. Sewer District. a po/itical subdivision of the State of Florida, hereby acknowledges receipt of paymenl in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the C~rcu~t Court is hereby d~rect£.d to record this Satisfaction o! Lien ~n the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to e~st. IN WITNESS WHEREOF. the Board of Count'/Commissioners of Coil,er County, Florida, and as Ex-Off,cio the Governing 8c_,ard of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by am,on of the Board th~sc'~J'~ d~y of ~, 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~, WATER-SEWER DISTRICT Thomas C. Palmer Assistant County Attorney Office of Count,/Attorney 3301 East Tarmami Trail Naples. Florida 34112 (g4 t ) 774-8400 *** 2469986 OR: 2541PG: 0282 *** 16¢ 5 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a cerlam Agreemenl with the folkwang: Paul F. SaM and D, ane Y. SaM. husband and w,fe 33 t 0 Semir~e Ave. Naples. FI. Bearing the dale BI the November 8. 1991, recorded in Official Record Book t 662 Page(s) 1883, in the OffiCe of lhe Clerk of the C~rcuit Court of Collier Counly, Slate of FlorK~a. which Agreement imposes a I~en on the subject real property. The Lien secures the principal sum o~ two thousand three hundred and sixty three dollars and eighteen ceres ($2..'.'.'.'.'.'.'.'.'~3.18), plus accrued inle~est and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: LOT 27 AND THE WEST 1/2 OF LOT 26, BLOCK B, SOUTH TAMIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUITFY, FLORIDA FOLIO NUMBER: 74411560000 Cc41~er Counly, a politm..al subdivision of the State of Florida, and the Collier County Water. Sewer District, a political subd~/iston of the State of Florida, hereby acknowledges receipt of payment in lull satisfaclK~ o! Ihe Lien and hereby cancels the Lien. The Clerk of the Circuit Court i$ hereby directed to record this Satisfaction of Lien in the Off.al Records of CoIlier County, Florida, to acknowledge thai Ihe Lien ceases to exisl. Ihl WITNESS WHEREOF, lhe Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Den. by aclK)n of the Board this~"~'t4A' dayof ('~_ ;'_3.. '. ~', . 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLUER COUNTY AND AS EXoOFFICIO THE GOVERNING BOARD OF THE COLLIER COU NT.~~~EW~/~ER DI S T~P~ CT PA EM~ S~. MAC'KI E, CH~I~'~MAN Prepared b y.~.z Thomas C. Pai~ner Assistant County Attorney Off~ce of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (g41 ) 774-8400 *** 2469987 OR: 2541 PG: 0283 *** tic ri! ~.oo !IT T:(: - SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMEI'Er OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIOI'JERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certam Agreement ?,'~h the fo0owing: Gera!d Shatter and Betty J. Shatter, his wife 4620 Outer Drive I'laples. Fi. Beanng the date of the No/ember 8. 1991. recorded ~n Official Record Book 1662 Page(s) t803, in the Ofhce of the CLerk of the Circuit Court of Collier County, State"el Florida, which Agreement imposes a lien on the subject real property. The Lien secures the pnncipal sum of one thousand five hundred dollars and thirty cents ($1500.30), plus accrued intecest and penatbes, if any, and imposes certain obligations against real property s~uated in Colher County, Florida, described as follows: LOT 20, BLOCK C, PINE VIEW VILLAS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED TO PLAT BOOK 9, AT PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA FOLIO NUMBER: 67494560005 Coll~r County, a po~it.,cai subdivit~On of the State el Florida, arid Ihe Collier Counly Water. Sewer I~stnct, a politm, al sUtxln,,ision of the State of Florida, hereby acknowledges receipt of payment in full ~atislact,3n of the Lief1 and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Off~:~al Records of Collier County, Florida, to acknowledge that the Lien ceases to exJ$[. IN VIITNESS WHEREOF, the Board cf Count'/Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Vlater-Sewer District. acting through ds Chairman~ directs exec.u, bon and recording of this Satisfaction of Lien, by ac[ion of the Board thi~2j' ~ -a' day of ~ .-~,t'. (.r . 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO UNT, Y'I/VATE R-S EWE R DIST~RICT PAMELA S. MAC'KIE, CHAIR~'O-M"AN Thomas C. Palmer Assistan! Counb/Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 *** 2469988 OR: 2541PG: 0284 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL UEH BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement w~th the foIIo,,,~ng: Jay W~ilmm W~emann 2547 Storter Ave Naples. FI. I~armg the date of the November 4. ~ 991. recorded ~n Official Record Book 1660 Page(s) 1720. ,n the Ofhce of the C~erk of the Circuit Court of CoIlier C, ounty. State of Florida. v,13~ch Agreement imposes a I~en on the subject real property. The Lien secure~ the pdnc,pal sum of one thousand two hundred and fifty nine dollars and sixty six cents ($t259.66), plus accrued interest and penalizes, if any, and imposes certain obligations against real property ~tuated in Collier County, Florida, described as follows: LOTS 26, AND 27, BLOCK B, WHISPERNG PINES, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81731520001 Cotl~er County, a pol~cal subdrvision of the State of Florida, and the Colher County Water-Sewer O~strmi, a poht~cal subdivm~on pi Ihe State of Flor~Ja, hereby acknowledges ~eceipt of paymen! in lull safisfact~3n of the Lien end hereby cancels the Lien. The Clerk of the Circuit Cour~ is hereby d,rected to record this Satisfaction of Lien m [he Off'Cml Records of Co~er County, Florida. to acknowledge that Ihe Lien ceases lo exist. Itl WITNESS WHEREOF, the Board of Coun,7 Commissioners o! Collier County, Rorida. and as Ex-Off~cio the Governing Board pt Ihe Colher County Water-Sewer District, acting through its Chmrman, (~irects execu!~on and recording of this Satisfaction pi Lien, by acbon of the Board this.'~ day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU NT.y--~W AT E R - SEW E R DISTRICT FA--~S~ELA ~ ~ ' Prepared ~ r,~L_._ Thomas C. P.~irner Assistant County Attorney Off~..e of County Attorney 330t East Tamiami Trail Naples. Florida ~ 112 t941 ) 774.8400 *** 2469989 OR: 2541 PG' 0285 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedmn Agreement ~",~th the. following: Da,cd E. White and Judith A. While, Husband and W,fe 40 t 5 Rose Ave. Naples. FI. Bearing the date ol the November 27, 1991, recorded in Official Record Book 1667 Page{s) 2087, in the OffCe of the Clerk of the Circuit Court of Collier County, Stale of FIor~la. which Agreement ~mposes a lien on the subjecl real property. The Lien secures the principal sum of one lhousand fn/e hundred dollars and thirty cents (S1500.30). plus accrued mteresl and penalties, if any. and ~mposes certmn obligations against real property s~tuated ~n Cofl~er County. Fie,da. descnbed as LOT 39, BLOCK B, PINE VIEW VILLAS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 49, OF THE PUBLIC RECORDS OF THE CLERK OF CIRCUIT COURT, COLLIER COUNTY FLORIDA FOLIO NUMBER: 67493520004 Collier County, a po~;~al subdwisJon of the State of Florida. and lhe Collier County Water. S~wer D~sldCt. a poht~.al subdtvislon of tho State of Flonda. hereby acknowledges recetpl of payment ~n full sat~sfacbon o~ the ben and hereby cancels Ihe L[en. The Clerk of Ina C~rcu~t Court is hereby d,rccted lo record this Satisfaction of Lien ,n Ihe Ofhcial Records of COllier County, Florida, to acknowledge that the Lien ceases Io exfsl. irl WITt,IESS WHEREOF. lhe Board of County Comm,ss~oners of Collier Cqunty Florida, and as Ex-Otficio lhe Governing Board of the Colher County Water-Sewer D~$1rK:I, acl~ng ~hrough ils Chairman, directs execubon and recording of this Satisfaction of Lien, by action of the Board th,s ~,~'~ day of ~, t 999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Prepared by:'~/,,L..~ ~s C. ParnSer Assistant County Attorney Ofhce of Count,/Attorney 3301 East Tamiarm Trail NapJes. Florida 3.4112 (941 ) 774.8400 2469990 OR: 254i PG: 0286 *** ~lC ri! ~.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIOLIERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUI'tTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreemen! .//~th the fOllOw~ng: Eduardo Pereiro and Luisa A. Pereiro husband and wde 3188 Linwood Ave. Naples, FI. Bearing the date 04 the November 26, 1995, recorded in Official Record Book 1667 Page(s) 1968, in the Office of the Clerk of the Circuit Court of Collier County, State of Flonda. which Agreement imposes a lien on the subject real property. Tho Lien secures the pnnc~pal sum of one thousand five hundred dollars and Ihirty cents ($1500.30), plus accrued interest and penallies, if any, and imposes certain obligations against real properh/ s,tua~e,'J ~n Co~,e¢ County. Florida, described as follows: LOT 19, BLOCK 5, 1ST ADDITION TO NAPLES BE'rrER HOMES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 3. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOL!O NUMBER: 61482320004 Collier County, a political sutxlivision ol the State of Flonda, and the Collier County Vlater-Sewer D,$tr~ct, a pofltical subdwision of the Stale of Florida, hereby acknowledges receipt ot payment in full satJsfact~<:h'l of the Lien and hereby cancels the Lien. The Clerk of the CIrcuit Courl is hereby d, recfed lo record lhis Satistacfion of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board ol the Collier County Water-Sewer District, acting through its Chairma. Q~ directs execution and recording of this Satisfaction of Uen, by act~c,n of Ihe Board this.,' '~day of ~, ~ g99. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD QF THE COLLIER PAMELA ~'. ~, C--"~--IF~ Prepared by.~ Thomas C. Assistant County Attorney OffK:e of Counly Attorney 3,301 East Tamiarni Trail Naples. Florida 34112 f941 ) 774-8.400 *** 2469991 OR: 2541PG: 0287 *** RIC ?l! Il! SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEI'J BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUHTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Don Jaynes and Mary Jaynes, Husbnad and Wife 4833 Barcelona Circle Naples, FI. Bearing ~he date ~f the January 15, 1992, recorded in Official Record Book 1679 Page{s} 0869. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, v~ich Agreement imposes a lien on Ihe subject real property. The Lien secures the principa~ sum of one thousand five hundred dollars and thirty cents ($1500.30), plus accrued interesl and penalties, if any, and imposes cerlmn obligations against real property s~tuated in Co~lier County, Florida, described as follows: LOT 1, BLOCK 5, NAPLES SOUTH, UNIT 1, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 89 AND g0, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. FOLIO hlUMBER: 63101280009 Coflier County, a polR~.al subdivision of lhe State of Florida, and the Collier County Water-Sewer Distr'~'t, a po~lical subdivision of the Slale of Florida, hereby acknowledges recent of payment in tull satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby d~rected Io record Ibis SatJsfaclion of Lien in the Ofhc~al Records of Collier County. F~orida, to acknowledge lhal the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Comm,ssioners of Collier C0'unty. Florida. and as Ex.Officio the Governing Board of the Collier County Water-Sewer District. acting through its ChaJrmarL directs execution and recording of this Satisfaction of Lien, b'/actx:)n of the Board this," '~day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER Prepared by:'~ Thomas C. Palmer AsSistant County Attorney office c,f Count,/A~omey 3301 East Tam,ami Trail t'laptes, Fi'jr,da 34112 (9,:I) 774-8400 2469998 OR: 2541PG: 0304 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMEf,Fr OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESEHTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERHING BODY OF COLLIER COUtITY Al'iD AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUI~JTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement ~,,~ the following: Keener Development. A General Partnersh,p 3 ~ 57 Lake View Drwe Naples. FI. Bearing the date of the November 27. 1991. recorded in Official Record Book 1667 Page(s) 21 ~9. in the Off~..e of the Clerk of the C~rcui! Cour~ of Collier County, Stale of Flor, la, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one lt',ousand f~ve hundred dollars and thir/./cer~ts ($1500.30), plu~s accrued interest and i~enaft~es, if any. and imposes certain obhgabons against real properly s~tuated ~n Co,her County. Flor,la. descr,bed as follows: SEE ATTACHED EXHIBIT 'A' FOLIO NUMBER: 48174480000 Co{Itee County. a pohbcal subdrvis~on of the State of Florida, and the Collier County Water-Sewer District. a political subcD,4sion of the State of Florida. hereby acknowledges receipt of payment in full satisfacl~on o! the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby d,rected to record th,s Satisfaction of Lien ~n the Off.al Records of Collier Count,/, Florida. to acknowledge that the Lien ceases to exist. IN V/ITl'JESS WHEREOF, the Board et County Commissioners of Collier County, Flor,la. and as Ex. Officio the Governing Board of lhe Collier County Water-Sewer IZhstr~ct. a~ing through its Chair..r~ di[(~::ts exec~ion and recordin(] of this Satisfaction of I. Jen. b'/action of the Board this.:'~* Pr" day of ,(-~, ~Jd_c, ,1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER*SEWER DISTRICT PAMELA S. MAC'KIE, CHARWOMAN *** OR: 2541 PG: 0305 *** Fi~JJBIT "A" the txol~rt¥ beimj described a~ ~ in Exhibit 'A' att~cbed hereto and .~e he,eof, ail of Public Rdco~dm of Coil jet Co~ty. Prepared by:'~'~ ~Lf~ Thomas C. PAlrder Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2469999 OR: 2541 i~T~ROFFiC~ 4T~ BlT 7240 PG:" 0306 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARd OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certmn Agreement with the following: George W. Neumann, a single man 4801 Devon Circle Naples. FI. Bearing the date of the January 7, 1992, recorded in Official Record Book 1677 Page(s) 0322, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes cedain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 9, NAPLES SOUTH, UNIT 2, PLAT BOOK 7, PAGE 68, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63151240002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman,' ~'r~q-~.,directs execution and recording of this Satisfaction of Lien, by action of the Board this'.~ day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~'.-~' WATER-SEWER DIS, T,RICT Prepared by: ¢ ( i,~ ~- Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470000 OR: 2541PG: 0307 *** ~ICO~DIO 1~ O~HC[A[ ~ICORO$ Cf CObL[~R CO~?~, II? 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Bobby J. Paul and Iris M. Paul, Husband and Wife 4825 Devon Circle Naples, FI. Bearing the date of the Janurary 2, 1992, recorded in Official Record Book 1676 Page(s) 0073, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 9, NAPLES SOUTH, UNIT 2, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 68, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO [,lUMBER: 63151040008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier Counly Water-Sewer District, acting through its Chairman directs execution and recording of lhis Satisfaction of Lien, by action of the Board this.~¢ ~z- day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~ WATER-SEWER DIS,TRICT ,y PAIMELA S. MAC'KiE, CHAIR(NOMAN Prepared by:' .(', Thomas C. P~l~'er Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470001 OR: 2541 PG: 0308 R~COPD~D tn O~HC~AL ~CO~D$ of COLLIE~ CGUN?7, FL COPI[S SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COt,/IMISSlONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX°OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Leonard E. Wilson. JR. and Kathryn H. Wilson, Husband and Wife 4925 Barcelona Circle Naples. FI. Bearing the date of the January 2, 1992, recorded in Official Record Book 1676 Page(s) 0069, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thidy cents (S1500.30). plus accrued interest and penalties, if any, and imposes certain obhgations against real properly situated in Collier County, Florida, described as follows: LOT 2, BLOCK 6, UNIT 1, NAPLES SOUTH, A SUBDIVISION ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORDED IN PLAT BOOK 4, PAGES 89 AND 90, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63102040002 Colher County, a polftical subd,vis~on of the State of Flonda, and the Coll,er County Water-Sewer District, a political subdivision of the State ol Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfactic~h of Lien, by action of the Board this"'~"iq' day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUI~Y WATER-SEWER DISTRICT ~A~'--E-'~-~. MAC'KiE, CRAI~rI('I'~e Prepared by; , ( 2~. T " ' homas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470002 OR: 2541PG: 0309 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Frank Perrotta and Sandra Perrotta, Husband and Wife 169 Edgemere Way Naples. FI. Bearing the date of the December 11, 1991, recorded ~n Official Record Book 1670 Page(s) 1867, in the Office of the Clerk of the Circuit Court of Col!ier Counly, State of Florida. which Agreemenl imposes a lien on the subject real property. The Lien secures the princ,pal sum of nine hundred and seventy eight dollars and seventy cents (S978.70), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Oollier County, Florida, described as follows: LOT 75, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 83342960003 Collier County, a political subd:vision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State ol Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed t2 record th~s Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge thai the Lien ceases to exist. IN WITNESS WHEREOF, the Board of Count,./Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~'~l¢' :~ day of (~. ~7,~ (; . 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT,,Y, WATER-SEWER DISTRICT PAMELA S. MAC'KIE. CHAIRWOMAN Prepared by:--,- ,!~.L-J---- Thomas C. Pa~rr~er Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2470003 OR: 2541PG: 0310 .i?hO ..... SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BCARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Gaw W. Wittock and Julie A. Wittock, Husband and Wife 818 Wyndemere Way Naples, FI. Bearing the date of the January 3, 1992, recorded in Official Record Book 1676 Page(s) 1328, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. Tho Lien secures the principal sum of one thousand seven hundred and forty one dollars and twenty six cents (S1741.26), plus accrued interest and penalties, if any, and imposos certain obligations against real property s~tuated in Collier County, Florida. described as follows: LOT 37 OF GRASMERE AT WYNDEMERE, PHASE I ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 22 AND 23, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 46645001606 Collier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipl of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that lhe Lien ceases to exist. IN W'ITNESS WHEREOF, the Board of Count7 Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board ot the Collier County Water-Sewer District, acting through its Chairman, ~i{'¢,cts execyt, ion a0d recording ol this Satisfaction of Lien. by action of the Board th ~'? ~ day of ~, t 999 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO U NT.A/'//¢ AT E R-S EWE R DISTRICT ~U E-'~ ~. ~-, CH A~-~O-~ Prepared by: -/ Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470004 OR: 2541 PG: 0311 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE" KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JCS Limited. and Ohio Limited Liabihty Company 8631 Dudley Dr. Naples, FI. Bearing the date of the November 13, 1996, recorded m Official Record Book 2250 Page(s) 1662, in the Office of the Clerk of the Circuit Court of Colher County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of three thousand four hundred and seventy five dollars (S3475.00). plus accrued interest and penalties, if any, and imposes certain obhgat:ons aga,nst real property situated in Collier County. Florida. described as follows: LOT 2, NAPLES PLAZA PLANNED UNIT DEVELOPMENT. ACCORDING TO PLAT IN PLAT BOOK 14. PAGES 44 AND 45, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA FOLIO NUMBER: 63000280003 Colt,er County, a pohbcal subdw~s,on of the State of Florida, and the Collier County Water-Sewer D~strict, a poht~cat 5ubdw~sion of the State of Florida, hereby acknowledges receipt of payment m full satisfaction of the Lien and hereby cancels the Lien. Tne Clerk of :he C~rcu~t Court is hereby directed to record this Satisfaction of Lien the Official Records of Collier County. Florida, tO acknowledge that the Lien ceases to ex~sl. li'.,I WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this'"..~,jJ-r''' day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER cour~TY WATER-SE___.W_ER DIS,TRICT Prepared by.'--~ i,~,~- Thomas C. P~lmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trai~ Naples, FIorida 34112 (941) 774-8400 *** 2470005 OR: 2541 PG: 0312 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Wdliam D. Colhns III. Trustee and Witliarn D. Collins ,Jr.. as Trustee of the Fehx Lerch Family Trust 5210 Trammed St. Naples, FI. Bearing the date of the November 16, 1992, recorded in Official Record Book 1771 Pagers) 1539, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five cents (S1500.75). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, BLOCK 3, NAPLES MANOR LAKES, ACCORDING TO PLAT IN PLAT BOOK 3, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 62251360003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court, is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this'~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUr4T~ WATER-SEWER DISTRICT PAI01ELA S. MAC'KIE, CFIAIP/A/OMAN Prepared by:'7//~,~- Thomas C. P§['r~er Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470006 OR' 2541 PG: 0313 *** COPI~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE,, KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Anita L. Judkins and Kerry A. Judkins 1,51 5th St. Naples. FI. Bearing the date of the November 4, 1991, recorded in Official Record Book 1660 Page(s) 1752, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand lhree hundred and forty dollars (S1340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 6 AND 7, BLOCK 6, UNIT 1, TRAIL ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 50, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 77214320004 Collier County, a political subdivision of the State of Florida, and the Collier CoLJnty Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfacHon of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~ directs execution and recording of this Satisfaclion of Lien, by action of the Board this'.~ day of _~__~. 1999. ATTEST: OWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER C O U N.,T~ WATER-SEWER__~__ ,/DtS, TRICT PAMELA S. MAC'KIE, CHAIRWOMAN Prepared by:'-r,, d~/-- Thomas C. F/a'f~er Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470007 OR' 2541 PG' 0314 *** ~L2: SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certau~ Agreement with the following: Robert J. Guevin and Annette R. Ouev,n. husband and w,fe 284 Bensen St Haples. FI. Bearing the date of the December 5. 1991. recorded ~n Ofhcia! Record Book 1668 Pagelsi 2044. in the Office of the Clerk et fhe Circud Court o~ Colher County. State of Florida, which Agreement imposes a lien on the subject real property. The Den secur'e5 the principal sum of one thousand five hundred dollars and thirty cents, plus accrued interest and penalties, if any, and imposes certain obhgations against real property situated in Collier County. Florida, described as follows: LOT 22, BLOCK 1, UNIT 4, TRAIL ACRES, ACCORDING TO PLAT IN PLAT BOOK 7, PAGE 103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 77360240009 Colher County. a pohI~cal subdivision of the State of Florida. and lhe Collier Counly Water-Sev,,er District, a political subdivision of the State of Florida. hereby ackr',owledges receipt of payment in full satisfaction of the Lien and hereby cancels lh~. Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction el Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to ex,st. IN WITNESS WHEREOF. the Board of County Commissioners of Collier Counly. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, dLr,ects execution and recording of this Satisfaction of Lien. by action of the Board hs~dayof~:~. 1999. ATTEST: DWIGHT E. BROCK. CLERK .............. ,,'L . L. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN'[',Y'~W AT E R-S EWE R DISTRICT /" ,7 '. ' · Prepared by.'-" ;,L. Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 * 2470008 OR' 2541PG: 0315 *** iiC ?il 6.00 COPI~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVEFNING EJODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF TtJE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder ' ,f 0 certain Agreement with the following: Kelly John Rowley and Brenda Jean Rowley. Husband and 'W~fe 264/268 Porter St. Naples, FI. Bearing the date of the December 11. 1991. recorded ,n Off,c,al R,:r/,rd Book 1670 Page(s) 1947. in the Office of the Clerk of the Circuit Court of Colher C,',,~nty. State of Florida. which Agreement imposes a lien on the subject real property. The L~en secures the principal sum of one thousand seven hundred and forty one dollars and twenty cents ( S1741.26). plus accrued interest and penalhes, if any. and imposes ,';erta~n obligations against real property situated in Collier County. Florida. described ;~s follows: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 33, BLOCK 2 TRAIL ACRES UNIT 4, AS RECORDED IN PLAT BOOK 7, PAGE 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 00446160009 Colher County, a political subdivision of the State of Florida. and the C.,flier Counly Water-Sewer District, a political subdivision of the State of Florida, hereby ar;k.~owledges receipt of payment in full salisfaclion of the Lien and hereby cancels the Lief: The Clerk of the Circuit Court is hereby directed to record th~s Sat,sfachon of Lien in the Official Records of Collier County. Florida. Io acknowledge that the Lie[, ceases to exist. IN W'ITNESS WHEREOF, the Board of County Cor'nmiss,oners of Colher County, Florida, and as Ex-Officio the Governing Board of lhe Collier County Water-Sewer District, acting through its Chairma~o. d~ects execution and recording of tt~is S;.,Iisfaclion of Lien, by action of the Board this],' ~q? day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY-WATER-SEWER DISTRICT F~A~:~--~-~'. f',,I~C'KI~. CHAIR~/)/EYMiN ' Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (94t) 774-84.00 *** 2470009 OR: 2541 PG: 0316 *** :IT ':~: SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder cf a certain Agreement with the following: Dana A, Woodside 144 4th St. Naples. FI. Bearing the date of the December 16, 1991. recorded ,n Oflicial Re., ord Book 1671 Pagers) 1622, in the Office of the Clerk of the Orcuil Court of Colher County, Slate of Florida, which Agreement imposes a lien on the subiect real property. Th,; L,en secures the principal sum of one thousand five hundred dollars and th~rty cents, plus accrued interest and penalbe~, i{ a~y, and ~mposes cedain obl'.gat~ons against real pr:',;:,;rly situated in Collier County, Florida. described as follows: LOTS 28 AND 29, BLOCK 4, OF THAT CERTAIN SUBDIVISION KNOW AS TRAIL ACRES, ACCORDING TO THE MAP OF PLAT THEREOF ON FILE AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 3, PAGE 50 FOLIO NUMBER: 77213120001 Collier County, a political subdivision of the State of Florida. and the C ,',lief County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby d~rected to record this Satisfachon of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Colhur County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, ac~ng through its Chairman directs execdion and recording of this Satislaction of Lien. by action of the Board this~~'day of ~. 1999 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ASTHE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO ]'HE GOVE~,N~NG BOA'D O" TH~ COLUER CO~ WAT~R-~ DISTRICT Prepared by'- ,J/L. Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470010 OR: 2541 PG: 0317 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John L. Walker, a married man and Tresha C. Hall, a married woman as joint tenants with full rights of survivorship Naples, FI. Bearing the date of the December 16. 1991, recorded in Official Record Book 1671 Page(s) 1614, in the Office of the Clerk of the Circuit Court of Colher County, State of Florida, which Agreement imposes a lien on the subject real property. The L~en secures the principal sum of one thousand five hundred dollars and thirty centsfS1500.30), plus accrued interest and penallies, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 3, TRAIL ACRES, UNIT 2, ACCORDING TO THE PLAT THEREOF REDORDED IN PLAT BOOK 4, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 77262720009 Collier County, a political subdivision of the State of Florida, and the CoIlier County Water-Sewer District, a political subdivision of the State of Florida, hereby ack,~owledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satistaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases 1o exist. IN wITNESS WHEREOF, the Board of County Commissioners of Cotlier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Sahsfaction · . . r',~¢~. ~, , of ben, by acton of the Board thJs~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWF_,R DISTRICT Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470011 OR: 254! PG: 0318 *** "" :' 3 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Juan Antonio Licout and Cira R. Licout, his wife 3997 Lotus Dr. Naples, FI. Bearing the date of the December 5. 1991, recorded in Official Record Book 1668 Page(s) 2008, in the Office of the Clerk of the Circuit Court of Collier County State of Florida, which Agreement imposes a lien on the subject real property. The L~en secures the principal sum of one thousand two hundred and fifty nme dollars ands~×lys~xcents (S1259.66), plus accrued interest and penalties, if any, and imposes certain ohligations~ against real property situated in Collier County, Florida. described as follows LOT 7, BLOCK B, COCONUT GROVE, UNIT NO. 2, AS RECORDED IN PLAT BOOK 4, PATE 87, COLLIER COUNTY PUBLIC RECORDS FOLIO NUMBER: 26630320008 Collier County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida. hereby ac,,nowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfachon of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Colher County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~ day of ~. 1999. ATTEST: DWIGHT E. BROCK. CLERK ./.AY. L___. BOARD OF COUNTY COMblISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN];'~ WATER-SEWER DISTF}ICT PA~I~ ~'~ ~. ~-C'~ CHAI Rd, O M~-N-' - Prepared by:. ,.,-, L/r-- Thomas C. Pa(l~er Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470012 OR' 2541 PG' 0319 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF 7HE COLLIER COUNTY WATER-SEWER DISTRICT. was the cwner and holder of a certain Agreement with the following: Eugene H. Chartrand and Lois K. Chadrand. husband and wrfe · 4263 Estey Ave. Nasles. FI. Bearing the date of lhe December 5. 1991, recorded ir] Offmcial Rer.¢~rd Book 1668 Pagefst 2040, in the Office of the Clerk of the Circuit Court of Collier County State ol Florida, which Agreement imposes a lien on the subject real properly. The L,en secures the principal sum of one thousand five hundred dollars and thirty cents ( Sl 500.30). plus accrued interest and penalties, if any, and imposes certain obhgations aga,ns~ real property situated in Collier County, Florida. described as follows: LOT 43, BLOCK H, FLAMINGO ESTATES, ACCORDING TO PLAT IN PLAT BOOK 10, PAGES 34 AND 35, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 32489120003 Collier County, a political subdivision of the State of Florida. and the Colher County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed Io record this Sat~sfachon of Lien in the Official Records of Collier County, Florida. to acknowledge that lhe L~en ceases to exist. IN wITNESS WHEREOF, the Board of County Commissioners of Colher County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman_, directs execution and recording of th~s Satisfaction of Lien. bv action of the Board this'-:/~{'day of ~ 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO U N TA/¥V AT E R- S E .V~j~J plSTR}CT PAMELA S. MAC'KIE, CHAIRWOMAN $ Prepared by:--r/,/.% .. Thomas C. PAlmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 2470013 OR' 2541 PG: 0320 £~C:~D[D ;n C~FiCiAi ~E~ORDS of COLLI~ COU~?I, F~ ., HC ~[! I0.~0 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holde- of a cedmn Agreement with the following: East Naples Methodist Church, INC. a non propfit corporation 2701 Airport Rd. Naples. FI. Beanng the date of the February 2, 1993. recorded in Official Rec,..rd Book 1795 Page(s) 0700, in the Office of the Clerk of the Circuit Coud of Collier County. State of Florida, which Agreement ~mposes a lien on the subject real properly. Th,': L~en secures the pnnclpal sum of six thousand seven hundred dollars (S6.700.00), plus accrued interest and penalties, if any. and ~mposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 00389640000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels tile Den The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in the Official Records of Colher County, Florida, to acknowledge that the I ~r: ~ ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Colher County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of th~s Satisfaction of Lien, by action of the Board this'~" ~'Li:z'- day of (-d'-)t~'¢ . 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU N.,TY'i WATE R-S EWE R DISTRICT . ':._ . PAMELA S. MAC'KIE, CHAIFC~OI~N *** OR' 2541 PG: 0321 *** Florida, ~,:, 't ~" ~ 15' 50" ~..'e~t iii [l~e ~.:e~t ~ [l~. ,~f S~c; [~l ~2, -- . ~oo di ~.'~., ~ L<~'~ this d~,Jcriptio~: to the East rlght-of-v~ay 1[~,, of ~tat~ Road property previously d,z~:d~,d to th,~ East ;~at, l,~'; Co~t tel District, ~" ill Com,ue,,ci,,g at tI,~ 5ouLhwesL co,',,er uf SecLi .... ,2, ..J- ~- ship 50 South, llange 25 llast, Collil~r Coul~ty juz ' H ' [J-O ~ %%% 70.00 feet to the East right-of-way ltn~ of f;tat,. Road 89° 41' 10" East 100.OO feeL; the.ce Horth (JOg IH' 50" AIN~O9 ~,;e~t 60.oo feet; thence South ~39° ,il' 10" west ~]]]]03 feet Lo said liast righL-of-',lay lini~; tl~eiice feet, the I~IN]' OF descriptiou ~~,.rtain Warranty Deed . a~ld apl,earin9 of recot'd Ln OR ' 122 and 123, l'ubl [c [[gcoldq of Cell L~ Florida. ) Prepared by:-;'~_ ¢ Thomas C. P~lmer Assistanl County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470014 OR' 2541 PG: 0322 *** .2¢, SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a cerla~n Agreement with the following: Jose M. Acosta and Michaely N. Acosta. Husband and W;fe 3950 Coconut Circle S. Naples, FI. Bearing the dale of the December 5. 1991, recorded in Off~ci,3l Re¢;ord Book 166~¢ Page(s) 2032, in the Office of the Cterk of the C~rcuit Court of Colher Counl'/ Slate of Florida, which Agreement imposes a lien on the subject real property. The L~en secures the principal sum of one thousand two hundred and fifty nine dollars and s~×ty six cenls (S1259.66), plus accrued interesl and penalties· if any, and imposes cerla~n obligations against real property situated in Collier County, Florida, described as follows LOT 34, BLOCK D, COCONUT GROVE, UNIT NO. 2, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26631200004 Collier County, a polilical subdivision of the State of Florida, and ¢~e Colher County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby direcled to record this Salisfachon of Lien in the Official Records of Collier County, Florida, to acknowledge that the L~er~ ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Colher County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, ~f¢cts execution and recording of this Satisfaction of Lien, by action of the Board th~sc~ day ol ~, 1990. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT, c~,WATER-SEW ER DISTRICT PAM'ELA S. MAC'KIE; CHAIRV~/OMAN Prepared by."'/7 .f L. - - Thomas C. Pal~mie~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470015 OR: 2541 PG: 0323 *** 04/2~/J999 ~L I1:10~ D~IG~T ~. B~OCK, CL~ COHOS l.gO SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a cerlam Agreement with the following: David P. Nash and Karen L. Nash Husband and Wife 4013 Cindy Ave Naples, FI. Bearing the date of the November 21, 1991. recorded in Official Record Book 1665 Page(s) 1225, in lhe Office of the Clerk ot the Circuit Court of Collier County, State ol Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes cedain obligations against real properly situated in Collier County, Florida, described as follows: LOT 47, HEIGHLAND VILLAS, ACCORDING TO PLAT IN PLAT BOOK 5, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 49481720009 Cother County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed Io record this Sahslaction of Lien m the Official Records of Collier County, Flonda, to acknowledge that the L~;rl ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Colher Cour~ty, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmar~ directs execution and recording of this Satisfaction of Lien, by action of the Board th~s~/ ~- day of --,.¢,_,~,~ , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN'~C)WATER-SEW ER DISTBICT Prepared by: : Thomas C. Palmer ? 't, ,,.t_ Assistant County Atiorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470016 OR: 2541 PG' 0324 *** ilT ~:!: ' '"' SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the Dy/her and holder of a certmn Agreement with the following: Richard M. Flint and Betty Louise Flinl. husband and v,'de 3430 Hibiscus St. Naples. FI. Bearing the date of the February 7. 1992, recorded in Othcial Record Book 1686 Pagers) 0671, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property. The ben secures the principal sum of one thousand two hundred and fifty nine dollars and s~xty s~x cents IS1259.66). plus accrued interest and penalties, if any, and imposes certain obtigations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK D, NAPLES VILLAS, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA FOLIO !,lUMBER: 63502160003 Collier County, a political subdivision of the State of Floada, and the Colher County Water-Sev,,er District. a political subdwision of the State of Florida. hereby ackr',owledges receipt of oayment in full satisfacbon of the ben and hereby cancels the Lien The Clerk of the Circuit Court ~s hereby d~rected to record lh~s Sat~sfact=on of Lien in the Official Records of Collier County, Florida, to acknowledge that the L~er; ceases to exist. IN WITNESS WHEREOF, the Board of Count,/Commissioners of Colher County. Florida, and as Ex-Officio the Governing Board of the'Collier County Water-Sewer District. acting through its Chairman directs execution and recording of this Satisfaction of Lien. by action of the Board this~ ? I'll"'dav of [.,., J~_ '~' l~qq ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY cor.4MISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUHTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUr~T? WATE .R-S~.W..~R DISTRICT - · , . / ...--- PAMELA S. MAC'KIE, Prepared by: 'TZ f;~,~- ..... Thomas C. PaFmer ' ' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470017 OR: 2541 PG: 0325 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/'OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certmn Agreement with the following: Eleanor M. Von Uffel. Seller Delores R. Salyer, Buyer 5426 Texas Ave. Naples. FI. Bearing the date of the March 17, 1993, recorded in Official Record Book 1806 Page(s) 1415, in the Office of the Clerk of the Circuit Coud of Colher County State el Florida, which Agreement imposes a lien on the subject real proper~y. The L~en secures the principal sum of one thousand two hundred and sixty dollars and five cents IS1260.05). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 7 AND THE SOUTH 1/2 OF LOT 8, BLOCK 18, NAPLES MANOR LAKES, ACCORDING TO PLAT AIN PLAT BOOK 3, PAGE 86. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 62266160007 Collier County, a political subdivision of the State of Flonda. and the Colher Counly Water-Sewer District, a political subdwision of the State of Florida, hereby acknowledges receipt of payment in full salisfaclion of the Lien and hereby cancels the Lien The Clerk of the Circuit Court, is hereby directed to record this SatislaclJon of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases .to exist. IN WITNESS WHEREOF, the Board of County Comm,ssioners of Collier Counly, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~ dJrc'"'ts execution and recording of Ihis Satisfachon . ..-,,qrj : . . of Lien. by action of the Board th~s ,'~ ] - day of '---"/JL., ;' , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO ]'HE GOVERNING BOARD OF THE COLLIER COUNT~-)WATER-SEW ER DISTRICT Prepared by: :'r Thomas C. Pafr~er Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 77,4-8400 2470063 OR' 2541 PG: 0442 "'~ .... ' ' ';:3~? ~ :;~C~. SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That lhe BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Roll Naurath, a single man 3309 Timberwood Circle Naples, FI. Bearing the date of the October 14. 1993. recorded in Officiai Record Book 1875 Page(s) 0541, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. which Agreement imposes a lien on the subiect real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy five centsIS1500.75). plus accrued interest and penalties. ~f any. and imposes certain obligations aga,nst real property situated in Collier County, Florida. descnbed as follows: SEE EXHIBIT "A" FOLIO NUMBER: 00257600004 Collier County, a political subdivision of the State of Florida, and Ihe Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfacbon of the Lien and hereby cancels the Lien. The Clerk of the Circuil Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flonda, to acknowledge thai lhe ben ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, dir, ects execu, tion and recording of lhis Satisfaction of Lien. by actiOn of the Board lhis~day of '~_~~. 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT~( WATER-SEWER DISTRICT " F'A-~Zi-~' s. ~I-~C'KIE, CHAIR~VO~I~--- OR: 2541 PG: 0443 PAR~ OF ltl[ SOUTII ItALlr OF ]t1[ NORItl SOUIlIW[ST QUARTER OF SECTIOI; ]3. OF Ill[ W[.ql II~[ [ gl IIII 70VI/;SIIJp q9 SOU]I{ EAST. COLLIER COUIITy FLORIDA REING fiO~[ PARTICUlARlY AS FOLLOWS: · COMH[NC]flG Al Ttt[ SOUTItNEST CORtIE/I or SAID SOUltl IIAI flORTH IIALF OF TIlE WEST tlALF or 1t1[ SOU~tt~i~S~ ooAr~tre; 1~, SAID POltlT BEING A POINI Oil Till kl[SlERLY l ]~/[ (}[ l, 1~()' COLLIEn COl/tilT CANAL RIGIIT-OF-ViAYj Ill[liCE SOl/Ill ~g' 2~' ~" lAS1 ALOtIG /lie SOUIIIFRIY I l~l~ ~[ SI, ID" SOUTII IIALr OF TII[ tIORTtl HALF Or IH[ ~'[SI HALf or ]}{[ OUARTE~ Of ~ - ,,[CT]OII ~, A DJS[AIIC[ Ol JO0.05 F[FI 1D ]IIT[RS[CTION ~]ltl TtI[ EASTERLY LINE OF SA]D CA~IAI. TIt[NC[ CONTINUE SOUTH 8~' 2G' ~]" EAST AIOIIG SAIl} A DISTAftC[ OF 2~.05 FEET; . THENCE LEAVING SAID SOUTHERLy LINE I]ORTII it~' 0()' 00" [ASI 'r' FEET TO THE POINT OF BEGINNING OF PARCEL .~O9 HEREIr; DESCRIBED~ IIIENC[ COIJTINu[ NORTH qS' 00' 00" EAST 3].0{~ THENCE NOnTH qS' 00' 00" WEST 5].25 TIJENCE SOUTN qS' 00' 00" NEST 3}'.0q TI{EI;CE SOUTU qS' 00' 00" FEET~ EAST 5J.~5 FEET lO IH[ [)gI~[ OF ~[GIIINING OF PARCEL 3309 HEREIN DCSCRTBED, Prepared by: ';'¢ ~L Thomas C. Paf'm&r - Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470064 OR: 2541 PG: 0444 *** C07I!$ 1,00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CObtMISSlONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: David N. Sexton, Trustee 2821 Bayview Dr, Naples, FI. Bearing the date of the August 21, 1992, recorded in Official Record Book 1746 Page(s) 1408. n the Office of [he Clerk of the Circuit Court of Collier Counly, State of Florida, which Agreement ~mposes a hen on the subjecl real property. The L~en secures the principal sum of one thousand two hundred and fifty nine dollars and sixty six cents {S1259.66). plus accrued interest and penalties, if any, and imposes certain obligations against real properiy s~tuated in Collier County, Florida, described as follows: THE EAST 80 FEET OF THE WEST 1010 FEET OF LOT 42, NAPLES GROVES AND TRUCK COMPANY'S LI3-fLE FARMS NO. 2, EXCEPTING THEREFROM THE NORTH 150 FEET AND THE SOUTH 30 FEET, ACCORDING TO PLAT IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 61835400005 Collier County, a political subdivision of the State of Flonda. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satistaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Waler-Sewer District. acting through ds Chairma,r'), d(r, ects execution and recording of this Satisfaction of Lien. by action of the Board this,~/ ~ day of ~ . 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE. GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF TI4E COLLIER COUN~ WATER-SE~.~/ER DISTI~ICT PAMELA S, MAC'KIE, CHAIRWOMAN Prepared by: Thomas C. Palmer ~'~ ~'¢p Assistant County Atforney Office of County Attorney 3301 East Tamiami Trml Naples, Florida 34112 (941) 774-8400 *** 2470065 OR' 2541 PG: 0445 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with tho following: Salvatore Sansone 4071 Estey Ave Naples, FI. Bearing the date of the December 5. 1991, recorded in Official Re¢urd Book 1668 Page(s) 2096, in the Office of the Clerk of the Circuil Court of Collier County, State el Florida, which Agreement imposes a lien on the subject real properly. The Lien secures the principal sum of one thousand five hundred do,ars and thirty cents ( SI 500.30), plus accrued interest and penalties, if any, and imposes certmn obhgations agmnst real properly situated in Collier County, Florida, described as follows: LOT 41. BLOCK D, COCONUT GROVE, UNIT 3, AS RECORDED IN PLAT BOOK 5, PLAT 5, COLLIER COUNTY PUBLIC RECORDS, SUBJECT TO RESTRICTIONS. RESERVATIONS AND EASEMENTS OF RECORDS FOLIO NUMBER: 26682160009 Collier County, a polibcal subdivision el the State of Flonda, and lhe Collier Counly Water-Sewer D~sfrict, a political subdivision et the State of Florida, hereby acknowledges receipt of payment ~n full satisfaction of the Lien and hereby cancels the ben. The Clerk of the Circuit Court is hereby directed to record th~s Sat,sfachon of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the ben ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Colher County. Florida, and as Ex-Otficio the Governing Board of the Collier County Water-Sower District, actinq through its Chairma~ dir. ects execution and recording of th~s Satisfaction of Lien, by action of the Board Ihis~ day of(.~~,' 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT. Y~ WATER-SEWER DIS~TRICT ..... PAiVIELA S. MAO'KIE, CHAIRWOMAN Prepared by: :~ Thomas C. Palmer}C~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470066 OR: 2541 PG: 0446 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement w~th the following: Mark Scheafrocker 1016 Coconut Circle East Naples. FI. Bearing the date of the December 16. 1991, recorded in Official Record Book 1671 Pagers) 1662. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement reposes a lien on the subject real property. The L~en secures the pnncipal sum of one thousand two hundred and fifty nine dollars and sixty six cents ~1259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 22, BLOCK D, COCONUT GROVE, UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26681560008 Collier County, a political subdivision et the State of Florida, and the Collier County Water-Sewer District. a political subdivision of ~he State of FlorMa, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the ben ceases to exist. N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman directs execution and recording of this Satisfaction of Lien. by act on of the Board this.~ day of ~ t 999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNty WATER-SEWER DISTRICT PAl,4 E-LA-S~. M AC' K I E, Cl~l-~l ~¢~ O~AN Prepared by: Thomas C. Palmer'tO Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470067 OR: 2541 PG: 0447 *** CO?IB$ 1.Og SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John W. Coughlin 3979 Lotus Dr. Naples FI. Bearing the date of the December 11. 1991. recorded in Offloal Record Book 1670 Page(s} 1875, in the Office of the Clerk of the Circuit Court of Colher County, State ol Florida. which Agreement imposes a lien on the subject real property. The Lien secures the prmc[pal sum of one thousand two hundred and fifty nine dollars and sixty six cents {S1259.66). plus accrued interest and penalties, if any, and imposes cedain obligations agamst real properly situated in Collier County, Florida, described as follows: LOT 6, BLOCK B, COCONUT GROVE, UNIT NO. 2, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26630280009 Collier County, a political subdivision of the State of Flonda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida,. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk ol the Circuit Court is hereby directed to record 1his Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceaseslo exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~_~' ~+" ' ,/ , - cay of ~ 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN]~¥t WATER-SE.~.W ER DISTI~ICT PAMELA S. MAC'KIE, CHAIRWOMAN Prepared by: Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Na pies. Florida 34112 (941) 774-8400 *** 2470068 OR: 2541PG: 0448 *** HC ?~ ~OPI~S i.O0 Rets: SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: William LeRoy Poyer, SR. 3612 Croton Ave. Naples, FI. Bearing the date of the December 16, 1991, recorded in Official Record Book 1671 Page(s) 1634, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 12 AND 13, BLOCK H, NAPLES VILLAS, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63505080009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, ¢tifects execution and recording of Satisfaction of Lien, by action of the Board this-~__~ day of ~, 1999. this ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERN~ING BOARD OF THE COLLIER COUN?'~')WATER-SEWER DIST, RfCT ~AMELA S. MAC'KIE, CHAIRWOMAN Prepared by: Thomas C Palmer-,7' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470069 OR: 2541PG: 0449 *** CO~I)S ~.00 lr. 3 !I? ?240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Wima Jean Svenson and Lars Svenson, husband and wife, "Formerly Known As Wilma Scott" 3655 Estey Ave. Naples, FI. Bearing the date of the December 11, 1991, recorded in Official Record Book 1670 Page(s) 1891, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred and fifty nine dollars and sixty six cents ( S1259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 11, BLOCK E, NAPLES VILLAS, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63503040009 Collier County, a political subdivision of the State of Florida, and the Collier County Waler-Sewer District, a political subdivision of the Slate of Florida, hereby acknowledges receipl of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Salisfact~on of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners el Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this¢~day of~, 1999. ATTEST: DWIGHT E. BROCK, CLERK Si? . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNT'[' AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTT-~WATER-SE~W ER DtSTRICT PAMELA S. blAC'KIE, CHAIRWOMAN Prepared by: Thomas C. PalmeC-f~"/",/.-- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 {941 ) 774-8400 *** 2470070 OR: 2541PG: 0450 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Ard F, Fayard, Sr. 901 Airpod Rd. Naples, FI. Bearing the date of the December 3, 1991, recorded in Official Record Book 1668 Page(s) 1580. in the Office of the Clerk ol the Circuit Court of Collier County. State of Florida. which Agreement imposes a lien on the subject real property. The L~en secures the principal sum of nme thousand eight hundred dollars (S9800.00), plus accrued interesl and penalties, if any, and imposes certain obligations against real property srtuated in Collier County, Florida. described as follows: WEST 75' OF LOTS 5 AND 6, BLOCK B, NAPLES VILLAS, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 7, AND EAST 75' OF LOTS 5 AND 6, BLOCK B, NAPLES VILLAS, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 7 FOLIO NUMBER: 63500480002 Collier County, a political subdivision of the Stale of Florida, and the Colher County Water-Sewer District, a political subdivision of the State ot Ftonda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Cterk of the Circuit Court is hereby directed to record this Satisfaclion of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases Io exisL IN WITNESS WHEREOF, the Board of County Commissioners ot Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, ~i/'¢cts e×ecu.tLon and recording of this Salisfaction ot Lien, by action of the Board this'~,~.___.~-~day o)f ~ . 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER' ..~Z,~.¥ WATER-SEWER DISTRICT S. MAC'KIE, CRAIRWOMA Pre pared by: Thomas C. Palmer'~, .t.~..~-"'~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470071 OR: 2541PG: 0451 *** ~Ii SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That Ihe BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certam Agreement with the following: Onilda A. Vazquez, widow of V,ctor O. Vazquez 3999 Quava Dr. Naples, FI. Bearing the date of lhe December 5, 1991, recorded in Official Record Book 1668 Page(s) 2028, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The ben secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations againsl real property situated in Collier County, Florida. described as follows: LOT 15, BLOCK C, COCONUT GROVE, UNIT NO. 3, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26680280004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfachon of Lien in the Official Records of Collier County, Florida, lo acknowledge that the Lien ceases Io exist. IN WITNESS WHEREOF, the Board of County' Commissioners of Coltier Count~,, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman directs execubon and recording of this Salisfaction of ben, by acbon of the Board thl~ day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY. WATER-SEWER DISTRICT *** 2470072 OR: 2541 ?G: 0452 *** Prepared by: %;:;; · ~ Thomas C Palmer ~6 ¢-[ Assistant County Attorney C2~ ?~ ?~ ~C~ Office of ~unty Attorney ~T[~;CI ~?~ %%? .. 3301 East Tamiam~ Trail iI~ :H~ Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement w~th the following: Daniel P, Weeks and Della A, Weeks, husand and w~fe 859 Coconut Cir. W Naples. FI Bearing the date of the December 5, 1991, recorded ~n Ofhc~al Record Book 16G8 Page(s) 2060. in the Office of the Clerk of Ihe Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property. The ben secures the principal sum of one thousand two hundred and fifty nine dollars and sixty s~x cents (S1259.66), plus accrued interest and penalties, if any, and imposes certain obhgations against real property situated in Collier County. Florida. described as follows: LOT 3, BLOCK A, COCONUT GROVE, UNIT NO. 1, ACCORDING TO PLAT BOOK 4, PAGE 69, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 26580120002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satislacti()n of Lien in the Official Records of Collier County, Florida. to ackno,Medge that the Lien ceases Io exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, dJfects execu~tion and recording of this Satisfaction of Lien, by action of the Board this'~_..~ day of ~, 1999. ATTEST: DWIGHTE BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNfT,,~ WATER-SEWER DIS,TRICT Prepared by: Thomas C. Palmed",'/~,z..---~- Assistant County Aiiorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 *** 2470073 OR: 2541 PG: 0453 *** R~C F~! ~.00 t~T.~O~ .... ~,.,"~ ,.~'S~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Fedelio Aro and Agustina Aro, husband and wife 2642 Storter Ave Naples, FI. Bearing the date of the October 14, 1991, recorded in Olficiat Record Book 1656 Page(s) 1141, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: LOTS 16 AND 17, BLOCK C, WHISPERING PINES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 17, OF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81732600001 Collier County, a political subdivision of the State of Florida, and thee Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of tile Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknow!edge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Coun%;', Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the.Board thi~_.~ day of ~, 1999. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~,,~ WATER-SEWER DISTRICT Prepared by: Thomas C. Palmer 7fi',~~----~ Assistant County Attnrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470074 OR: 2541PG: 0454 *** ~ICO~IO in O~IClA~ ~lCOIO~ ~f COLLII~ COUI?L ~L ~!C F~I ~.00 CO?Ig~ ~.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARO OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Gail A. Huttman Watson 537 Cape Florida Way Naples, FI. Bearing the date of the March 2. 1992~, recorded in Official Record Book 1692 Page(s) 1393, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and ~mposes certain obhgations against real properly situated in Collier County, Florida, described as follows: LOT 108, BLOCK B, NAPLES MOBILE ESTATES, ACCORDING TO PLAT IN PLAT BOOK 10, PAGE 91,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 62366320006 Goltier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of tho Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execu.tJon and recording of this Satisfaction of Lien, by action of the Board this~~j'/~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~")WATER-SEWER DISTR~ICT · /"" //.. Prepared by: __ ~ Thomas C. Palme~L/~,/,--- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 [941 ) 774-8400 *** 2470075 OR: 2541 PG' 0455 *** ~07t~2 160 3 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Jeremiah J. Dacey and Mary C. Dacey, husband and wde 915 Cardinal St. Naples. FI. Bearing the date of the December 17, 1991, recorded ~n Official Record Book 1672 Page(s) 0978, in the Office of the Clerk of the Circuit Court of Colher County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the pnncipal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. descnbed as follows: LOT 7, BLOCK A, FLAMINGO ESTATES, ADCCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGES 34 AND 35, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 32480280007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Colher County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfactioo of Lien, by action of the Board this~day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK Attest BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN.~"~ WATER-SEWER DISTRICT .... PAMELA S. MAC'KIE. CHAIRWOMAN Prepared by: Thomas C. Palmer--Fr/.,~_ .......... Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2470076 OR: 2541PG: 0456 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Warren L. Segraves, as Trustee 2795 Davis Blvd Naples, Fl. Bearing the date of the October 22, 1991, recorded in Official Record Book 1657 Page(s) 2347, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ninteen thousand six hundred dollars (S19,600.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 61833800005 Colher County, a political subdivision of lhe State of Florida, and the Collier Couhty Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby d~rected to record this Satisfaction of Lien in tho Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by achon of the Board th~s~ J/-/4day of ~?_.~-~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN?~ WATER-SEWER DIS,TI~ICT PAMELA S. MAC'KIE, CMAIRWOMAN *** OR: 2541 PG: 0457 *** /-.*'i,J~-,C~' ,, . i"* ,' '"%;"' * · ,~:~.~,~ .~ _- .... . "" ~ately ~on{ the ~rth l~e of laid D,vk~ r~lev,~d, dwf~rctini ;-'' - hereby dtacz~ parcel of land. :e~t to tbs ~rth line ol ~t 281 ~ al~% ~mkd }forth line, tun ~.ter17 d~fl,c:iur. SO' ~B' ~)" to the zl~ht for a dt~tance of 147.76 feet: ~ce ~rly deflectln~ 89' A6' 20" to t~ ri&l,% for l~C to ~ ~rth line of said Dlvla ~l~atd; ride for m dllt,~ of 118.20 feet back to tbs Point of ~. 2 ~tt~ ~r7, ylof~a, subject to emme~flt, ami remtrlctl~ ze~rd. 0.93 morea, wore or le,s. Parcel Il Co,'s Little Yarn ~. 2, am recorded ~ Plat ~k 1, pale 27, ~ller C~.{nty ~bl~ ~cords, ~ier ~ty, Ylorlda; ~Ce ~l tM Vest 11~ Of said ~t 2~ ~ tt~ center Il.ne of P/n~ Strw~t. ~ ~g ~e north line of s~ld Davis ~ulev~lg, ~aterly, 89' ~1~ AO' to' ~a ri~t 9~3,~0 felt for the r~ OF g~crtp~ul ' ~ ~:t~rly, deflictlug ~9' i6' 50" to t~ left. 273.31 feet to the north ~ of s~d ~t 28, ~ ~1 m~d ~ith 11~, e-sicilY, deflecting ~J' 13' ~0" to the tight, "~ =~zrl~, defl*ctiu~ Bg' 16' 20" to the tilht. ~r~ 1~ O{ ~ld ~via ''~ ~ong a~ north line, westerly, dcLltcting 89' ~6' 50" to the ~lght, "..L ':.;' .'.r*,.. - ;!:;~ng.,a:par: of l~t 28 of said Naples Cr~ea a~ Truck Co.', Little far=, ?:~,.2~J~l~tt ~t7, Ylo[ida subJec: ~0 eas~ncs ~d testrlctions %~'~ecord';i'~taininR 0.62 ~cre, of land, ~re or Prepared by: Thomas C. Palmer-j[/.~..--. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (941) 774-8400 2470077 OR: 2541PG: 0458 ~IC~E ~n ~HCIAL ~CC~D$ cf COLLIER COUP?T, FL CO!IlS SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOOY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder ota certain Agreement with the following: Warren L. Segraves, as Trustee 2795 Davis Blvd Naples, FI. Bearing the date of the October 22, 1991. recorded in OIficial Record Book 1657 Page(s) 2351, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subiect real property. The Lien secures the principal sum of ninteen thousand eighty dollars (S19,080.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 61833800005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels lhe Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida to acknowledge that the Lien ceasos to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, cJirects execution and recording of this Satisfaction of Lien. by action of the Board this~ day of ~, 1999, ATTEST: DWIGHTE BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER PAI~ELA S. MA~CrKI'E, CI~AI ,F,F,F,F~O~i¥¥/~N .. '"':"' "~"'"~ "^" "" *** OR: 2541 iG .~,: ~ '0-~.;{>: ' ' . ~,~,.}r-~.l;~ ~ 2.~ ~.~l Lltl. [,c~J ~o. 2 a~ ~:'~2 ~c:c partlcvlirlI d~,criI,.4 ~,..,j:. ~'-: .. . Tl'~r~e 2~orrherly deflectinl~ 139' t,l' 40" to the left for · dlJt,nce of 27t..&5 .'eec eo the North line o! let 2B; rtghc [or · d.,tmt,,ace o[ 147.76 feet; ~ce Sc, ut.~rl7 de£1ec££n$ 89' 46' 20" to tls. eight lot · ~imt~,nce of 213.31 .f~-,eC Co r.~ l~orth line ol ·,mid D,mvta /~ulcv.rd; ~e.~ ~l~g m~,ld }torch line tun Veattrl½, d~.flectlng ~3' 46' 50" to the C0a:~'ILqi 0.93 &orca, m~ore or lemm. : 0459 *** P,mrcel Il Co--lag ·C tjx,. f,o':tL~eat corner o£ ~C 28 ol }~plcm Cr~, and truck ~.~m Lithe FAr~ ~. 2, ~m recorded ~ Floc ~k 1. pagm 27, ~lllcr C~nty ~ce ~na the VtJt 1~* of m&ld ~c 28'~ tM cencmr l~e of PI~ Street, · ~ ~ong ~e norcb 1Nc oi ·aid D~vl, ~uleTmrd. ~Jt~ril. ddl*ctlng 89' 41' 40" to' ~* right 953.20 d~c~p~a; ,. ~ ~rt~rl~, dell~ctln~Og' 46' 50' :o the left. 273.31 /ccc to th~ no[Lb ~ E('~)RDRR'S MFMO. l£~iNh{y ,~f' v,,'nLinit. 7 ,,,pins, t~' Pnnbng wh¢.n r?~. Prepared by: Thomas C. Palmer '/%t~¢,.- Assistant County Attorney Otfice of County At'torney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470078 OR: 2541 PG: 0460 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY cor,4MISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Gumersindo E. Ortega and Martha S. Odega, husband and Wife 3317 Guilford Rd. Na 91es, FI. Bearing the date of the October 16, 1991, recorded in Official Record Book 1658 Page(s) 1685, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred and forty dollars (S1340,00), plus accrued interest and penalties, if any, and ~mposes certain obligations agmnst real property s~tuated in Collier County, Florida, described as follows: THE WEST 60 FEET OF LOT 16, BLOCK A, GUILFORD ACRES, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 59, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 47871200005 Colher County, a political subdMsion of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the S~ate of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Coud is hereby directed to record this Satisfachon of Lien in the Official Records of Collier County, Flonda, to acknowledge that lhe Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma, r~dir~cts execution and recording of this Sahsfaclion of Lien, by action of the Board thi,%.W' m'-' day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU I~,~W..__~,;C)~.~~__~_~._~.~WATER-SEWER D I S~TI~ICT Prepared by: . Thomas C. Palmer-f~ ~'/'--" Assistant County Attorney Office of County Attorney 3301 East Tam/ami Trail Naples, Florida 34112 (941} 774-8400 2470079 OR: 2541 PG: 0461 COFI[S SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Roan E. Johnson a single man 3000 Cherokee St. Naples. FI. Bearing the date of the October 14, 1991, recorded in Official Record Book 1656 Page(s) 1081, m the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and ~mposes ceaam obligations against real property situated in Collier County, Florida, described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 00393000005 Collier County, a political subdivision of the State of Florida, and tho Collier County Water-Sewer District, a politmcal subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of me Circud Court is hereby directed Io record this Sati$1action of ben in the Official Records of Collier County, Florida, to acknowledge that the ben ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners et Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District acting through its Chairman, ¢jr,.ects execution and recording of this Satisfaction of Lien. by action of the Board thi~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~ir)WATER-SEWER DISTRICT ~ ~ t '/ PAMELA S. MAC'KIE, CHAIRWOMAN *** OR: 2541 PG: 0462 *** 5 EXIIIBIT "A" Commencing at the Northwest corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida, run East along the North boundary of Section 13, a distance of 331.37 feet: thence South a distance of 281.88 feet to the Northwest Corner of South Tamiami lleights Subdivision as recorded in Plat Book 3, at Page 44 of the Public Records of Collier County, this point beinq tho Point of Beginning. Prepared by: Thomas C. Palmer1'~ ~- Assistant County Alto(ney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470080 OR: 2541 PG: 0463 *** 0~/~9/1~99 ~t 11:~i~ D~]G~T ~, B~OCK, CL~RK ~iC fi~ 5.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certaih Agreement with the following: Maria F. Garcia 3533OkeechobeeSt. Naples, FI. Bearing the date of the October 11, 1991, recorded in Official Record Book 1662 Page(s) 0829, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of two thousand six hundred and lhree dollars and eighty two cents (S2603.82), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HEIGHTS, BLOCK D LOT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 74412040008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the Slate of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaclion of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~"')_.~_~- day of / '1___~~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU .I.1.1.~' WATER-SEWER DIS, T.RICT PAMELA S, MAC'KIE, CHAIRWOMAN Prepared by: ~ l Thomas C. Palmer' ;-~' i'¢"--' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470081 OR: 2541 PG: 0464 *** cg?t~S SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Richard DesNoyers and Sandra DesNoyers. husband and wife 3032-3044 Barrett Ave Naples. FI. Bearing the date of the Oclober 15, 1991, recorded in Official Record Book 1660 Page(s) 0489, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of four thousand four hundred dollars (S4400.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 22, BLOCK 5 FIRST ADDITION TO NAPLES BE'T-DER HOMES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, AT PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 64810760009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairmal:), .d~rre~CtS execution and recording of this Satisfaction of L~n, by action of the Board thi~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER ANOU NT~6 WATE R-SEW ER DISTRICT Prepared by: Thomas C. PalmerS,.. Assistant County A{t~rney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 f941 ) 774-8400 2470082 OR: 2541 P"G: 0465 HC ~! I0.50 COtll$ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was lhe owner and holder of a certain Agreement with the following: Richard DesNoyers and Sandra Desf.,Ioyers, husband and wile 3100 Areca Ave Naples, FI. Bearing the date of the October 15, 1991, recorded in Official Record Book 1660 Page(s) 0493, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of thideen thousand two hundred dollars (S13,200.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 71800000022 Collier County, a political subdivision of the State of Florida, and lhe Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to ex,st. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction.. of Lien, by action of the Board this~ day ol ~, 1999, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU N/TI') WATER-SEWER DIS'~F, ilCT 5 EL ,,5. C"(IE, C~AIR~VOMAi~I UIt DUUI\ *** OR'. 2541 PG', 0466 *** 16D x, EXII] BiT "A" Lots 11, 12 and 13, Block E, Sabal Shores accordinq to the l)lat in Plat Book 3, page 37, Public Records o£ Collier Count':,, l.']or]<ta ,llul Lots 1, lA and 2, Subdivision of Block I", Sabal Shores, to tile plat in Plat Book ,1, page 40, Public Prepared by: ; Thomas C. Palmer~,~ ,,~L- .... Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470094 OR: 2541 PG: 0478 *** !.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Richard DesNoyers and Sandra DesNoyers, husband and wife 3232 Linwood Ave. Naples, FI, Bearing the date of the October 15, 1991, recorded in Official Record Book 1660 Page(s) 0497. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of four thousand four hundred do,ars (S4400.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property s~tuated in Collier County, Florida, described as follows: LOTS 24 THROUGH 27, INCLUSIVE, OAK RIDGE MANOR, PER PLAT THEREOF RECORDED AT PLAT BOOK 4, PAGE 26, PUBLIC RECORD OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 61782440007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board ol Count;,,' Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Colher County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board thi~''L'r'' day of ~, 1999. " ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT/"WATER-SEWER DISTRICT PAMELA S. MAC'KIE. CHAIRWOMAN Prepared by: Thomas C. Palmer'~ ~ L.~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470095 OR: 2541PG: 0479 *** ~!CORD~D tn OZFICIAL ~¢O~DS of COLlieR COU~?T, FL t,00 ,,,,,,0,,,,0,,, 16.0 3 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Ismael Gonzalez and lvlaria T. Gonzalez, Husband and Wife 2861 Storter Ave. Naples, FI. Bearing the date of the October 29, 1991, recorded in Official Record Book 1660 Page(s) 0449, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand two hundred and fifty nine dollars and sixty, six cents (S1259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5 AND 6, BLOCK B, WHISPERING PINES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 68,31 FEET THEREOF OF BOTH LOTS FOLIO NUMBER: 81730880001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by act on of the Board thi~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT/f~WATER-SEW_ ER DISTF~ICT PAMELA ~.. ~[ 6~AN Prepared by: Thomas C, Palmer-i(,j Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470096 OR: 2541 PG: 0480 *** CO?I~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Richard J. Aldacosta and Ethel S. Aldacosta. Husband and Wife 4039 Mohawk Place Naples. FI. Bearing the date of the September 25, 1991, recorded in Official Record Book 1654 Page(s) 1071. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred and forty dollars (S1340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE EASTERLY 70 FEET OF LOT 5, MOHAWK HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 13 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 60480200004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the Slate of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Offic;al Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of Count'/' Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfactioh ~., -. of Lien, by action of the Board this~~- day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT, Y"WATER.SEWER DIST,RJCT ~'~'SiM C'K E, L;- ~-~ .... Prepared by: Thomas C. Palmer-i~, Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470097 OR: 2541 PG: 0481 *** 04/2~/1~ ~: :~:HA~ :wiGHT E, B~OC~, CLE~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedam Agreement with the following: Jose R. Garcia and Magdalena Garcia, husband and wife 3414 Seminole Ave Naples, FI. Bearing the date of the October 21, 1991, recorded in Olficial Record Book 1660 Page(s) 0501, in the Office of the Clerk of the Circuit Court of Collier Counly. State of Florida, which Agreement imposes a lien on the subject real property. The Lien securos the principal sum of one thousand five hundred dollars and thirty cents ( S1500.301. plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, BLOCK B, SOUTH TAMIAMI HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 44 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 74411240003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this;._~'~kth day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTRY ,WATER-SEWER DIST, RJCT Prepared by: Thomas C. Palmer'7~/A.. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470098 OR: 2541 PG: 0482 *** CO~I~ C,,,[ ,O ,,l ,O,RD 1 A D !IT SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wilh the following: tinda O. Allen, a s,ngle person 4025 Mindi Ave Naples, FI. Bearing the date of the October 16, 1991, recorded in Official Record Book 1658 Page(s) 1661, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one t_hp~_sa_nd_!L~_e_ h?r~.d?_cl__d_.o_!l¢.r~_a_n~_?_idy _c?n]s.,. plus accrued interest and penalties, if any, and imposes certain obligations agmnst real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK C, PINE VIEW VILLAS, ACCORDING TO PLAT IN PLAT BOOK 9, PAGE 49, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 67494040004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satislaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction el Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases Io exist. IN WITNESS WHEREOF, the Board et County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board et the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi,~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO~q_~Y WAT~R-~R DIS/)f~tCT PAMELA S. MAC'KIE, CHAIRWOMAN Prepared by: Thomas C. Palmer '~'~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8,400 2470099 OR: 2541 PG: 0483 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO' EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Judith Lawrence, a single woman ,4829 Barcelona Circle Naples, FI. Bearing the date of the December 5, 1991, recorded in Official Record Book 1670 Page(s) 1863, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real properly. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, descnbed as follows: SEE EXHIBIT "A" FOLIO NUMBER: 63101320008 Collier County, a political subdivision of the Stale of Florida, and lhe Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction o! Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~q~ day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERHING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT.)¢'~WATE R-S E~ ER DISTRICT *** OR: 2541 PG: 0.484 BIT 'A" I~t 2, Block 5, NAPLES SOU'Ilt, Unit 1, according to the plat thereof recorded in Plat lk>ok 4, Page 89 ~-md 90 of the l~lblic Records of Collier County, Florida. Subject to restrictions and easements cclmDn to Lhe sulx/ivision, prior reservations of oil, gas and mineral righLs and ad valor(~,, taxes for th~, year 1985. Prepared by: Thomas C. Palmer'~ ~(_~- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2470100 OR' 2541 PG: 0485 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Michael E. Arnold and Patricia C. Arnold, husband and wife 4930 Barcelona Circle Naples, FI. Bearing the date of the December 16, 1991, recorded in Official Record Book 1671 Page(s) 1630, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 4, NAPLES SOUTH, UNIT NO. 1, ACCORDING TO PLAT IN PLAT BOOK 4, PAGES 89 AND 90 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63101160006 Collier County, a political subdivision of the State of Florida, and the Collier Couoty Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman., d,irects exec~,ion and recording of this Satisfaction of Lien, by action of the Board this~ day of ~ . 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN.?~ WATER-SEWER DIS,TI~ICT ..... PAMELA S. MAC'KIE, CHAIRWOMAN Prepared by: Thomas C. Palmer-~L !~, L Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470101 OR: 2541PG: 0486 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: John t. Brownfield and Laura D. Brownfield, husband and Wife 2508 Barrett Ave Naples, FI. Bearing the date of the September 30, 1991, recorded in Official Record Book 1654 Page(s) 1083, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand One hundred dollars ($1100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 30 AND THE WEST 30 FEET OF LOT 31, BLOCK B, WHISPERING PINES, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81731600002 Collier County, a political subdMsion of the State of Florida, aqd the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction cf Lien. by action of the Board thi~ day of ~ . '~ .999. ATTEST: DWIGHT E. BROCK, CLERK .L L.-4. BOARD OF COUNTY COf,'IMISSIONERS COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY Al'ID AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN"¢~ WATER-SEWER DIS~TRICT PAI/~ELA S. MAC'KI~_, CI~AIR~CVOMAN Prepared by: Thomas C. Palmer~?~,f,.~ Assistant County Attorney Office of County Attorney 330.1 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470102 OR: 2541 PG: 0487 *** f~/2~/{9~! at I~:~AM D~!GHT E. BROCK, CLERK SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY ~ COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Ronald F. Lourigan, a single man 3355 Canal St. Naples, FI, Bearing the date of the September 25, 1991, recorded in Official Record Book 1654 Page(s) 1047, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of two thousand two hundred dollars IS2200.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 17, BLOCK F, SABAL SHORES SUBDIVISION AS PLA3-rED AND RECORDED IN PLAT BOOK 4, PAGE 40, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 71830560008 Collier County, a political subdivision of the State of Florida, ~:nd the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the I"ien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ~ . 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU,NT~Y WATER-SEWER DISTRICT ./~, ~ ~-z~,,~ , '/ PAMELA S, MAC'KIE, CHAIF~WOMAN Prepared by: Thomas C. Palmer'~ ff/,..~----' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 *** 2470103 OR: 2541 PG: 0488 CLI~K TO TX.~ ~9A~D il? SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Myles Collier and Deborah Collier Husband and Wife 4112 Dale Ave. Naples, FI. Bearing the date of the September 23, 1991, recorded in Official Record Book 1654 Page(s) 1019, in the Office of the Clerk of the Circuit Court of Collier County, State ot Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand one hundred dollars (S1100.00), plus accrued inte}est and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 30, HEIGHLAND VILLAS, ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 5, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 494810800008 Collier County, a political subdivision of the Stale of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, Io acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of tho Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of L~en, by action of the Board th~s~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT/~ WATER-SEWER DISTRICT Prepared by: Thomas C. Palmer /~, Assistant County A~'6rney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470104 OR: 2541 PG: 0489 *** l,?,,O,,IC, ,?,,LO~, 1A [~ 3 lit ~2i~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: James R. Brandon and Deborah P. Brandon, Husband and Wife 4941 Aztec Circle Naples. FI. Bearing the date of the December 5. 1991, recorded in Official Record Book 1668 Page(s) 2080, in the Otfice of the Clerk of the Circuit Coud of Collier County, S~ate ol Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5 BLOCK 4, NAPLES SOUTH INCORPORATED, UNIT #1, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGES 89 AND 90, AS PER PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63101040003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction ot the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien m the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma, q, dir, L~CtS execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ~. 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER WATER-SEWER DISTRICT Prepared by: Thomas C. Palmer , (',/~L Assistant County Attbrr~yt Office of County Atlorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2470105 OR: 2541 PG: 0490 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cerlain Agreement with the following: James E. Capps, JR. and Constance J. Capps, husband and wife 3250 Collee Ct, Naples, FI. Bearing the date of the Nobember 16, 1992, recorded in Official Record Book 1771 Page(s) 1567, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and seventy Iive cents ($1500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED "EXHIBIT A" FOLIO NUMBER: 48680160005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction · , ( ,'J,L~,- ',- of Lien, by action of the Board th~s.~.~ - day of ._~~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY..WATER-SEWER DISTRICT PAN~ELA S. MAC"KIE, CHAIR~C~OMAN *** OR: 2541 PG: 0491 *** EXHIBIT A A lot or parcel of land in Lot 118 of the Naples Grove and Truck Company,s Little Farms No. 2 as recorded in Plat Book 1 at Page 27, of the Public Records of Collier County, being specifically described as the We~t Florida, the said parcel b0 feet of the East 226.12 feet of that part of the said Lot 118 lying north of a certain drain- age easemel,., as recorded in Deed Book 28 at Page 443 of the Public Records of Collier County, Florida, excepting therefrom the north 30 "i'feet. This conveyance includes the perpetual riaht of ingress and egrees from the described land, over and along ~n access easem ~Qe.sa!d ~asement being described ...... ent, ~v ~eet o~ the west ,s0 feet of t~?? 'f?~tg-2~ ~et o~ ~ho ~or~ 118. The described property bein ' "~ =~u oZ~.AZ ~eet of the said Lot plat of 'Haldeman Canal Homesite~.Indicated as Lot 4 of an unrecorded Pre pared by: C. Palme~r Thomas Assistant County A~[orney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470106 OR: 2541 PG: 0492 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Theodore C. Brew and Leslie B. Brew, Husband and W~fe 3150 Barrett Ave Naples, FI. Bearing the date of the September 18, 1991, recorded in Official Record Book 1649 Page(s) 1490, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand three hundred and forty dollars ( S 1340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 33 AND 34, OAK RIDGE MANOR, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 26, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 64511040003 Collier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN W/ITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this'_~Ig~-~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY./WATER-SEWER DISTRICT PAMg_LA S. MAC'KIE, CHAIRWOMAN Prepared by: Thomas C. Palmer~ .~/¢----------~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2470107 OR: 2541 PG: 0493 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreemenl with the following: Lionel Grode and Lauramaria Grode, his wife 4004 Mindi Ave. Naples, FI. Bearing the date of the September 4, 1991, recorded in Official Record Book 1645 Page(s) 1033, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of two thousand two hundred dollars (S2200.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK B, OF PINE VIEW BILLAS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, AT PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 67492200008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction el Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~-/¢~ day of ~, 1999, ATTEST: DWIGHT E. BROCK, CLERK _____z/3 C. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN~,tqWATER-SEWER D I ST/? CT Prepared by: Thomas C. Palmer ]~.~.. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2470108 OR: 2541PG: 0494 COPieS T248 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Kenneth A. Martindale and Jody A. Madindale, husband and wife 4623 Orchard Lane Naples. FI. Bearing the date of the October 10, 1991, recorded in OIficial Record Book 1656 Page(s) 1117, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of one thousand five hundred dollars and thirty cents (S1500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 37, BLOCK 1, AVALON ESTATES, UNIT NO. 1, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 22621280009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-OIficio the Governing Board of the Collier County Water-Sewer District, acting through its Chairma~n, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of(~, 1999. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNT'( AND AS EX-OFFICIO .THE GOVERNING BOARD OF THE COLLIER COUN,~,AT. ER-SEW ER~,/.)¢~.~.. ~~zZ___ D, ST,~CT PAMELA ~.. ~~AN Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2470~09 OR: 2541 PG: 0495 *** [..~, 1I? 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF' COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD CC: THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder ol a cortain Agreement with the following: John W. Cecil and Glenda Cecil, husband and wife 2714 Barrett Ave. [,,la pies, FI. Bearing the date of the October 4, 1991, recorded in Official Record Book 1658 Page(s) 1737, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum ol one thousand one hundred dollars (S1100.00), plus accrued interest and penalties, if any, arid imposes cerlain obligations against real property siluated ~n Collier County, Florida. described as follows: LOTS 43 AND 44, BLOCK B, WHISPERING PINES, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81731880000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board ol County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,"~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT.~VATER-SE~WER DISTRICT RESOLUTION NO. 99- 216 RESOLUTION CREATING FORMAL POLICY GOVERNING THE INTERACTION BETWEEN PROFESSIONAL CONSULTANTS AND COUNTY OFFICIALS WHEREAS, Section 287.055, F.S., otherwise known as "The Consultant's Competitive Negotiation Act" sets fodh both general and specific requirements for the selection of and negotiation with professional consultants as defined under said statute; and WHEREAS. Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and VVHEREAS, Collier County Resolution 95-353 as amended by Resolution 97-435 includes the Board's prevaling purchasing policy; and WHEREAS, The Collier County Board of County Commissioners and its appointed staff strive to promote open and fair competition among professional consultants seeking to do business with the County in a manner consistent with Section 287.055. F.S. and the Board's purchasing policy; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that this resolution and the attached policy governing the interaction between professional consultants and County officials be adopted after motion, second and majority vote, favorin¢ same. DATE: ~_, 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: ,DWIGHT E. BROCK, Clerk ,Maurcen Ken¥oh~ Deputy' Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: David C. Weigel, County Attorney Pamela S. Mac'Kie, Chairwoman 1) INTERACTION BETWEEN CONSULTANTS AND COUNTY OFFICIALS PURPOSE. The purpose of this policy is to establish standards and rules governing the interaction beb,¥een consultants and officials representing and staff employed bv the Board of County Commissioners agency for Collier County. Flor;da. It is the intent of this policy to accomplish the following key objectives: a. Promote open and proper communication between consultants and county personnel; and b. Protect the integrity, fairness and openness of the Count,./s con.,~uitant st;~e,.;;,,.': and negotiation processes. DEFINITION OF TERMS. The fcllowing terms are hereby defined for tho of this policy: a. "Consultant". Refers to an individual or firm who provides (or seeks to proved:--: professional design and/or study services under the purv~ev,, of Sest',cn 28- ~ ~-' "'" - Consultant's Competitive [.:ecg',:;;:,:.:'. ,.: F.S., other,vise knov,,n as D, S,~,, member". Refers to e ..... ,o;eeo of Collier County ',',,nc ,.'.~. .... parl. icipate in the selection of a consultant as defined herein c. "Elected official". Refers to an individual ,,,/ho holds office as a Commissioner for Collier County. d. "The Pre-solicitation Phase". Refers to the period of time pr:or to the forma~ announcement of the County's desire to receive proposals for consulting services. e. "The Publication Phase". Refers to the period of time commencing u2on announcement of the Count'/s desire to receive proposals for consulting sen~'ices and ending cn the ~ubtished ctosinc., date and time for '¢,~., .....inr,_u proposals. f. "The Evaluation Phase". Refers to the period of time commenc:ng immediatei'.;, after the closing date and time for receipt of proposals and ending with the announcement of the selection committee recommendation. g. "The Award Phase", Refers to the period of time commencing v,,~th the formal announcement of the selection committee recommendation and ending with the selection of the top three firms by the Board of County Commissioners. h. "The Contract Negotiation Phase". Refers to the period of time c':,mmencin9 after selection of the top three firms and ending with the execution of a formal agreement for consulting services. i. "The Post-Negotiation Phase". Refers to the period of time subsecuent to execution of a formal agreement for consulting services. Page 1 of 3 j. "The Committee Recommendation" refers to the Selection Committee recommendation issued at the end of the evaluation phase. k. "The Award Recommendation" refers to the executive summar'/package submitted and scheduled for the Board cf County Commissioners' Agenda package during the Award Phase. 1II) INTERA C TION REGARDING A SPECIFIC PROJEC T,'COH TRA C The Pre-solicitation Phase. Prior to soliciting, consultants are ~*,-',~, p.o,m~t.,:,: :-~ , encouraged to contact staff members regarding project-related ~nformation. particularly those projects and other contract opportunities iCentffied in T/?,.. F..r.st Word newsletter in advance of the Publication Phase. The Publication Phase Once an RF~ for a civen prell--,"' has ~:een ~ssuer! c~.nsultants are to direct their ~ncuines. regarding the ,.r~e~, ~' ~'` ~'-' tc .... ~',~- person,' identified in the RFP as the approgriate contact(s'}. Shculd the RFP fail to ssecifv a contact person(s), consultants shall contact ~he Purcxas~ng Deo,,r, rn for clarification. The Evaluation Phase. During this phase, consultants shall C,rect ail inqu~r~:s t() the Purchasing DepaC, ment. Consultants are permitted to attend selection committee meetings, but are not ",~-'~ ""'~ ,,,eu,~ng un!,:.s:~ ,., ...... ,=,., to participate in the "'" ¢" asked to do so by the committee. Within one v/ork~ng da,/of the formulation of re~,.m,,~encadon , , the ,h~ committee recommendaticn, the buyer shall post the ,"-' ,-'" '" ,r, lobby of the General Services Building. on the County's web s~te and mail ;~ har~] copy to the participating consulting firms. _ ~.~mmlt~e.. T,~e Award Phase. Consultants ,,,/~t,h cuestions concerninc ~h.: ~"-' ' ' ,~ recommendation should contact the Purchasing Department. Consultants who wish to review the RFP/Committee file may do so at this time. Prior to presentation of the award recommendation to the Board of County Commissioners, the Purchasing Department shall post the av,,ard recommendation pursuant to the requirements of the Board's purchasing policy. Consultants can verify the status of an award by checking the posting notices in the lobby of the General Services Building, by searching the posting notices on the County's web site or by contacting the Purchasing Department by telephone. Consultants desiring to protest the award recommendation shall file a notice of intent to protest with the Purchasing Department in a manner pursuant to the County's purchasing policy. Page 2 of 3 .( The Contract Negotiation Phase. Consultants should direc; ~r:qu~r~es to t ~o Purchasing Department during this pericd. The Pest-Negotiation Phase. Consultants seekinq constru¢:?.e feedback regarding the selection process for the purpose o~'improvinc the County are encouraged to contact the Purchasing Dep~.-..ep, t at this phase. Consultants desiring to speak to individual committee metaL:ers retarding: their propcsal may make a formal request to the Purchasinc;Gen,?;~.: Director to do so. However, the PGS D~rector shall res'~.~r,,e this request on behalf of the County should circumstances d~em":c; be contra,",,, to the best interests of the Counh'. Con:ac: with Elected Officials. Unless cther,v~se spec;fled :c. Consultants are only permitted to '* ' ~ ¢_,-,~,, ---- , ' · con,,:,c, or address ~ .,.,, .... ':',c',a~s civen,',, ' , ~ .,.,,ojec,, solicita,,ion or contract dur~nc the follov,,inc ~":,--.:.- ~ .,L ...... [~l~ ...."; .... selection process: i T.":,e m'e-$clic:ta:;c,n · , base. 2. The Post-Nego~ation Phase. 3. Th, e public presentation portion of the Award Phase Commencing with the Publication Phase and effective thrcuc;: :~e C~'n~roc: Negotiation Phase. Consultants shall not be permitted to dis~:~ss the project or agreement with elected officials, e:,'ceot ',',,here F. rc'. 'ced ;or here)in Instead. consultants shall hm~t interactions conc'erning the sc,:c:tat~on to tho parties named under the appropriate subsections cf Section III of :hL~.; polic'.., 4113199 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 27. 1999 FOR BOARD ACTION: 1. MISCEI.LANEOUS I'FI.~MS TO FII.F. FOR RI-XYORD \VITI[ ACTI()N/\.% l)lle, I{("l Iii). Clerk of Courts: Submitted for public record, pursuant to ]:lorida Statutes. Chapter 136.06(1 ). the disbursements for the Board of County Commissioners lbr thc pcri~,d: A. March 22 - 26. 1999 B. March 29 - April 2. 1099 C. ,,\pril 5 - 9. 1999 3. DistriCts: mo (,oilier Soil and \Vatcr Conscn'ation District - Agenda of February .3. 1999 ami mint,res of January 6. 1990 meeting: Agenda of March 17. 1999 and minutc.~ of February 3. 1999 meeting; Nolice of Meeting of April 7. 1999 B. I lcritage Greens Community l)cvclopmcnt District- (;choral I'urp(mc Financial Statements September 30. 1998: Audit Report: Managcmcn~ [.citer and Response to Management Letter: Budget tbr 1998: Description of ()utstanding [?,ends,: and I,ocal Govermnent Annual Financial Report Kc5' Marco Comm,nity Development District - Minutes of [)ccember 3. 1'~'~8 meeting Do Port ofthe Islands Community Improvement District - Notice of meeting to bc held on April 15. 1999 Eo Thc Big Cypress Basin Board of thc South }"lorida Water ?.hmagcmcnt l)istrict - Agenda of April 1. 1999 4. Minutes: Bayshore Avalon Beautification ,,\dvisory Conlmittec - Agenda of April 7, 999 and minutes of March 3. 1999 meeting Bo City/County Beach Rcnot,rishment Advisory ('ommittcc - :\gcnda of.April l. 1999 Co Collier County Code Enforcement l?,oard - Minutes of [:cb[ APR 2 7 1 99 P g. ,/ F. G. Il. J0 P. Collier County Code Enforcement BoardfNorth - Minutes of Janua~' 28. meeting Collier County Code Enlbrcement Board/South - Minutes of February 12. meeting Collier County Ai~on Authority - Agenda of April 12. 1999 iuld minutes March g. 1999 meeting Collier County Planning Commission - Agenda of April 1. March 4. 1999 meeting County Government Productivity Committee - Nlinutcs of 1.cbruarx 17. tu,}9 March 17. i 999 meetings Emergency Medical Services Advisory ('ouncil - Agenda ~I' .Xpril 7. minutes o['January 27. 1999 meeting Environmental Advisou' Board - Agenda of April 7. 1999 (iolden Gate Beautilication Advisory Committee - Agenda ,,1' April 13. I";'; minutes of March 9. 1999 meeting t listoricnl/Archaeological Prcservntion Board - Agenda of l:cbruarv Immokalec Beautilication Advisor) Commiucc - ,,Xgcnda ,~I' February 24. and minutes of Febmao' 24. 1999 meeting l.cly (it)If Estates Beautification Advisory Commillcc - Agenda ami minutes of March 12. 1999 meeting Parks and Recreation AdvisoU' Committee - Agenda of March 24. 1999 and minutes of March 24. 1999 meeting Pelican flay N1S'I'tlt.J Advisor' C~mmfittec - Agenda of April of March 3. 19g0 meeting Radio Road Bcautillcation Advisory Committee - Nlinutcs meeting AG~ ND'R' ITEM NO.;' "' APR 2 ? 1999 t-() I.I.I I:~ R C ~ I' N 'I'Y. I' I.t~ R I I).\ l' I N.\ N C l': & .\ f:( ~ I' N'l'l N (, I) I. I'.\ R I ;,i I.~ N'I MI':MI)RANI)I'M thc pcr',,,d .\[~r:~ :5 Jllr,,~;~,.t~ Aim: '). I'.?.") Ill ACCliriJ;IIII.'L' with J']~nd.I ."t.tlim.-~. ~.h.q'q~-r 1';6~)(~ I . ',vu ,>.-~,~j~.! r~.,.t~,,c~j :]..,t I;J~ ~ ~*i'" " included as m~ccJlant-,Jus corrcsp~mdcncc m Ibc Board ,d C,,unt:' (),mm~<,u,~:,.r. and m.,,.h- i' :: "~ record. J I' votl Ii;tv(. a/Ii,' qllt'~tlt,lls r~'?;IrtJlll~,, thls BCC PAYROLL MANUAL WARRANT LOG ?. L',tAM E ~i 04/07/1999 Elida Valdez AMQUBZ 330.38 CHECK# 202452 REASON 40 vac; 40 RT !!' I~CC VENDOR MANUAL WARRANT LOG 04/07/1999 04/07/1999 04107/1999 04/07/1999 .-":~, 04/07/1999 '..'.!:F:~,.'.";,".'. 0410711999 04/09/1999 04~09~ 1999 Gulf Coast Travel Coastal Courier Capri Lawn & Garden Ecu,p Business Machine Sales Bob Dean Supply. Inc Accent Business Products Margaret Kelly Hampton inn West End Jeffrey Walker AMOUNT. 2.541.00 54.00 512.78 24.95 240.00 110.00 6.00 420.00 90.00 CHECK.~ 482926 482927 482928 482929 48293O 482931 482932 482933 482934 REA$OH V~sta Trainmg-Airhne AJP invoice FIooI F.t, & t,,1-O utslde ~'P invoice ~/P invoice - Blankel PO A'P invoice-Copier Maintenance Claim 2701 !32-~rdylh,~ Vnss Con[erence - J, Walker Adv. Per Diem-Walker I)A'I'I'~: 'I O; FROM: R E: :he p~'rt,,d .',l.~r( h__:: :hr,,u:,h Z.:rch ~ BCC VENDOR MANUAL WARRANT LOG 2 James Cla~ Painting AM O__UtJ.I 1.100.00 481328 L:TEA$_O~ Emergency Repair to Fac~k C I, [: R K 0 F COI.],I I:R F I N A X C 'I'll I.: <';I R ¢'.L' I'1 ¢;(.~ I.' I~T C 0 L' N T Y. FI, o Y, [ 1.).'., &. ACCC) U ~T! ~ G I) I: F'.\ RT,',,I I.:N T 2 DAT E: TO: FROM: .'UI. 1'112,(. )N .M).'M1NI.','I'ILVI'IVI'. ,\.',,',l.', I' \N I I';J .~ Iii }BI'.RI'\V. BYI~.NI:. CY.I./ (;I':NI:R.\I.{ ~I'I..ILVI'I( }N-~ MAN \:;I Ii ~ l~. ~ ~,t~,[ ) ( il: iii )[ :N'I'h' ¢1l LM.',I 1.'451( )NI .R> I }1SBI 'P,>I';MI iN I thc pcri~,d M;~rch 29 thr,,u~th April 2. [n acc(,rd.mcc w~d~ Florida S~tt:tcs, Chapter 136.(1671), wc w,,utd rcquu~t thai IJ~c>c included as miscctl.mc<,us correspondence to thc Board of C,)un:v (:omllll~lotlcrs :lng thc record. l ~ VI ,ti have :lily clLlCStleJIls regarding I}IIS mat~cr, plca>c tcJcpl~,,nc :m. :tt -- t s isl. 'J'h:mk ',, ,~: Ih ,r BCC PAYROLL MANUAL WARRANT LOG 04/01/1999 Diana W~lson 04/0111999 Joffry A. Bolen 04101/1999 Helen Ortega 0410111999 Maria Blecha 04/0111999 Robert Wheeler 04/02/1999 David H Kitchens AMOUHI 856,89 50.00 271.24 905.24 718.07 440,27 CHECK; 202446 202447 202448 202449 202450 202451 REASON Regular -f ~mu Employu¢¢ - Monlh 24hrs OR Recjular T,mc, 40.50 OT 24 hrs OT BCC VENDOR MANUAL WARRANT LOG DAT_~ 03~3111999 03/31/1999 04/O ~/1.999 04/0111999 04/01/1999 04/0111999 04/02/1999 04/02/1999 Board of County Comm;ssioners Collier County Tax Collector Ist Union Corporate Trust Dep~ Double Tree Guest Sites/Tampa T. Lune P.A. & G Aguirre Caribbean Air Charters PowerCerv D~ana Design 10.537 O0 14.14617 450,00 258.00 2.500.00 309,84 1.800.00 5,167.00 CJ::tECK~ 482409 482410 482411 482412 482413 482414 482415 482416 BEA$Ot~ ACI - Non Ad Valorern ,,',,c,s¢;ssm't Tax Ced Parcel;l 11 1/99-12 '~9 Bond Pziy~ng Agent TraveI-Nhlchell & Manalich DP-Gerardo Aqu~rre TraveI-Mack~e Sero,nar-Santos" Marce:~ng Asst.-Airport Acthority 'mRECF. IVED Collier Soil and Water Conservation District Agriculture Ce.ruer, 14700 Immokatee Road- Naples~-F~-3~964-1468 Phone (941) 455-4100. FAX (941) 455-2693 AGENDA BOARD OF SUPERVISORS February 3, 1999 -. .~ to Order [,. D.C. Report - Tony Polizos c. MIL Report d. ?ieid ReD Reporu Bill Jolly 5. Oih 5usiness a. Halderman Dredging Project u. ~y-Laws u. Goodyear Award 6. New .:¢uszn¢.ss .... t, of future agenda items h. Watershed Boundary Maps c. Resoiu~ion RE: Army CorDs o Comprehensive Plans as the Land Use A/ternative 7 m.~. ;- ~ ~- BusiI:eSS 8. Ad] ©urnmen.~ .orris ,..,op o. lo: 1,6 3 Subject to Board Approval Collier Soil & Water Conservation District Regular Meeting January 6, 1999 Supervisors present: Others present: Robert. M. Griffin, Chair. Laurie L. Mitchell, Vice-Chair Sear] P. Morton, Secretary/Treashr,~.: Michael R. Ramsey Ca rmir, e Pittelii Nancy Hughes, Administrative AssJs? Anthony Polizos, Natural Resources Conservation Service (NRCS) William T. Jolly, Environmental Specialist, FDACS Cathy Hunt The meeting was called to order by Robert Griffin {F 2, at 4:10 p.m. ,ut the Golden Gate Community Center. Carmi~],, Pit' ~ ~ ~e~i and.'<ichae~. Ramsey '~,=~.,_~_ welccmed on as ~,~',._~. supervisors and the roil was called. Minutes of the last meeting were reviewed. Laurie pointed cut that under other business Rob had brought uF request for a review of Nancy Hughes with the possibility a raise be added to next month's agenda, Seat mentioned Hussion should also be reviewed. Rob also requested that October minutes should be amended to include that a De¢:emLc~: meeting had been scheduled but not held due to ]ack o£ a _~ ~ ~ed such. Sear. ~.~otton full quorum. Minutes 'we~ am_n~ as " ' to accept the amended minutes of the previous meeting. Laurie Mitchell seconded the motion, and the motion was passed. Next item on the agenda was election of new oificer.~:. Floor was on. er. ed for ~,-~ cha;'- .~os~"ion S~an nominated Robert Griffin, Carmine Pittelli seconded. Lauri~ Mitchell nominated herse]f, Michael Ramsey seconded. Nominations "~ closed for cha~ and it was ~-hen d~-~ ~ ~)',' the board to vo~e by a show cf hands. Robert Gri_ffin received 2 votes, majority ~,c .... ~ed. Vice-Chair next up. Laurie nominated Carmine Pittelli, Rob seconded, won unanimously. Final position was Secretary/Treasurer. Rob nominated Seat Morton to continue on in this posit[on, Laurie seconded, won unanimously. Sean Morton gave a brief summary of the financial reports for October, November and December. It was pointed out that the ending balance for November and December was mistakenly shown as 10/31/98. The D.C. Report was given by Tony Polizos. Mike Ramsey (Mike) asked questions about our involvement in the SGGE Contract. Tony explained that there is a three way contrac:: between ~ia Cypress Basin, NRCS and CSWCD. Our function is to handle the contract to gather elevations and the sub- contract with a local Biologist, Jim Birch, re do work with our local Eic!cgist for vegetation work. Veget;~tlc:~ plots have been set up around the water table wells and .~very y.~.,r they a,'~-.. ~':~>~..._~.._~ tc s~__ the ef=~~_~s cf the ~.~::c~~a~ io'~., en them. The fJxai report and bill for EPA 319 wa[- submitted '.o DEP, wltk the majority of the final payment gcJ:t': : z iFA~ ~o~ their ~.. ..... cn water quality analysis. ....','~' F. er, crt '.,;as passed cut . Ton'.,' cave~ ',:as acccr, Fi]::hed the Ist quarter. MiL evaiuat-~ .... ...... , ,,.~;'~.. 128 million_ potentia~ ye--- ~ ...... ~'~- "' . Annual MI1, R~.~t.: MIL iak :~.:/"'~.d '.47 billion gallons W:'' ',-,ir '~'~'" ~Bi]!) talked atcut "h,: u, i'. .... statin-: :_i:~': he will help with any za~erwcrk :f '....- ' ' l~O~ec: the boars ' ~-' , ..... locis].a i'.'e ~:~==ion the Depar.m_.,t of Ac,'icu]' :. w for.c~'_~ 'house, nc,- ' Si0,000 from the State..-"~ .-:'~,- ' ..... each Soil % Water District. They also will he ,_~ski:?: for grants c= S226 thcusand to be given tc Sci' and Districts for water conservation and MiL Labs. Chairman Rob Griffin ,ecu_steG that we item B under ::ew Business. After some discussion it was decided ts move our monthly meetings to the ~+-s: Wc, dnesdav of every - ~ at d.~- Ga Cqr. rr Con ..on_.. at 4:00 p.m. Gol ~.. te Rob Urlffin then went off the agenda :_o ank guest Cat hy Hunt if she would like to speak to th~_ boa,-';..~. C.~r;~',..; c:a-.,<:~ .-~ b .... ~;=~l' of her background, she was ~c~": 'F.',::n.-:~'see Dar[icir~a~ed on Tennessee's RCLD board, work."! ~';,3:>-:ly Soil Conservation groups to receive grants. She now lives down h~r~ and is working with the Bayshore .... :~" ' .... grouo, wn:cn Is involved with the a__d~ ..... c -:,,ncerson Haiderman creeks. Her main reason for bei:tc at : he meet, in,': was to ask if the district is in the posi*ion it, take this ~, .... of nrcject as possible advisors 'icnv ~'olizos informed c ~,.~, ._a~. that on behal~ of the Distr:~"- ...... ;'~ has contact with :<r. Harry Hubert to review the area to se'h what. is going on and if we can be of any help with the preject. Rob reques~_a ~hat this projec,_ be put on the agenda February. to see what has been achieved by '-~nu,,. The agenda was picked up again with the Farm Service Agency report by Laurie Mitchell. Laurie informed the board that at the first annual meeting there was an election of officers. Cecil Howell is the member, Glenn Simpson is II II III ,ill!I first alternate and Laurie is second alternate. FSA talked about the Disaster Assistance Program for producers who have- lost crops in 1998. There has not been a payout to anyon~ in Collier County since 1997. Maximum payout is 50% of what is claimed as a loss. Next under Old Eusiness '..;as ti:e Land Development Cod... The final meeting is set fez- January 27th at 5:0% in the County Commissioners board :;com. The only problem Laurie sees is ,,;it}: the 20 acres and if it is continu'}us cr asked her ho',: they are defini~g 20 acre parcels. Next on the agenda information on the ~C~.~ Council passed c~ to the new board.,._,.,,.,..,~m~',~'-~.~ for thei,- ~'~.'.'iew. Laurie Mitchell then requested the backin'~ of! the to attend the annual NACD meeting in San Diego. Laurie wit!in~ to donate a vcucker t{cket that she had to use tcwards attending the meet lng. Mike Ramsey recommended we send Laurie, Seat Mcr~on seconded, :notion was voted and passed. Next item under Old Business was the request by to make the truck available for usage to attend the FSA meetings. Rob questioned whether this issue had not already been addressed by the board, Laurie stated that she felt should be brought back up for the new board members. Carmine Pittelli asked for the history behind this request. After much discussion it was decided that the truck wo~].d not be used for FSA meetings. Final item under Old Business was Christmas Bonuses. Rob requested that we skip this temporarily and moved"to item A under New Business. Tony stated that he had finished that evaluations of both district employees. Nancy's evaluations was from 6/30/98 through 9/30/98 and Mike's evaluations was from 10/1/97 through 9/31/98. Both Nancy and Mike were rated superior, both employees oerformed better than expected with no ~ .............. mas bonuses were than addressed and discussed. Carmine made the motion uo give both dis~rict employees a one week Christmas bon~s for Laurie seconded, vote was called and motion was passed. Next item under New Business was the Collier County Fair. A booth will be set up Friday, January 8 in the Educational Tent. It does not need to be manned at. all times, but if anyone wants to volunteer to check and sit for awhile they are more than welcome. Laurie volunteered her time Saturday from 3:00pm to 8:30pm. We will have a car oass and free tickets. If anyone else wants to volunteer just call Nancy at the office and make arrangements. Next on the agenda was a request by Laurie to be" reimbursed for miles and meals for any meetings that she attended in 1998. Florida Statues 582.19 states that a supervisor can be reimbursed with board approval for travel expenses. Mike motioned to reimburse Laurie, Sean seconded, the vote was called for and passed. Next item discussed was the establishment of by-laws for the district. A rough draft of by-laws were passed out for everyone to review. It was requested that they make notes of anything that they wanted changed or added. This issue would be brought up again at the next board meeting. Final item under New Business was contests that the District could be involved in. First discussed was the Envirothon. If the District wanted to participate the intent to compete form needed to be in by January 15, 1999. It was felt that it was too late it get involved at this time, but we should review the information and consider it for ~ext year. Next was NACD's Teacher of the Year, Distr~ct of th~ Year, Speaking contest and Poster contest. Information these items were passed out to supervisors for them to review at their leisure. Last contest to discuss was ~he Goodyear Award which involves the Cooperator of the Year (deadline 1/29/99) and Conservation District of the Year (deadline 3/31/99). Motion was made by Laurie to nominate Glenn Simpson as Cooperator of the Year, seconded by Sean, vote was called and passed. Tony will help Nancy fill out the paperwork. To participate in the Conservation Distric~ of the Year we need a 1998-99 Annual Plan cf Operations and a 1998 Annua]~ Report. These items will be discussed again: February's meeting. Under Other Business, new signature cards were sign,~i. Sean also asked the boards position on changing banks to locally established financial institute to keep cur funds Collier County and help maintain the commerce in our community. Nancy was requested to check into this. Rob ca~!ed for a ....... on to adjourn the meeti~g. Mot]~n ou_n..~c at 6:00. was passed. Meeting adj -- ~' Material available for review. I. Potassium Fertilizer info - l~aurie Mitchell 2. Southeas~ Watershed 3'. The District Leader 4. Florida's Conservation Connection 5. MIL Annual Report COLLIER SOiL & WATER CONSERVATION DiSTRiCT Financial Report 1/1/99 1/3~/99 Beginning Balance Ex~enditu'res Salaries Em?loyee Taxes Other Taxes (Sales & FUTA) Other Supplies Postece Cell Phone Travel & Meetings Mist Bank Service Charce Dec. Total Expenditures $57,630.92. 282 27 229 I 6 24 05 294 85 16 06 984 63 24 99 3 73 $ 5,549 54 Receipts Plat Directories SO;' _~ Surveys Aerial Photos EPA 319 Bank Interest - Dec. Total Receipts Ending Balance as of 1/31/99 I0 O0 15 ©0 '7,620 O0 27 56 $ 7,693 56 ~_~.774.95 [[[[l[ ............................ I ............. ~ [[ [,[ .... ,, , DC Report O~ice Naples Field ~ February 3, 1999 Landuser Irriqation Water...Mqt. Pacific Land Co. W¢.tland Determination Southward Farms 1st. Baptist Church Eddie Henderson J. Collosimo Acres 5OO 1200 620 ].200 620 Location Hy858 E. Naples N. Napl Hy858 off 16st. Wildlife Habitat Improvement Proqram Rookery Bay NERR 90 }{y951 EQIP (for info) Pacific l~and Co. Bob Tipto:: ~000 Hy858 20 Saba] Palm Dr. Dike Fl. Panther ~iWR I00 }{729 Others SGGE - Held a volunteers' meeting to schedule next 4 mos. for reading of the wells. Met with biologists to begin vegetation map for area. Next meeting is for Feb. 18th. Haldeman Creek Field recon of creek to determine extent of project area. A boat will i.~ .,-',~,~,d~,d·_ . '~c,~ comp]ere r~.r'on. Meeting set up with John Boldt (Collier Co. Storm Water Mgt.) to discuss using "Stormcepter" type drains to cap~.,,.~,~ sediments from entering creek. NGGE - Met with Collier Co..,':RD to review soils GIS for locating important flowways. This ii; part of proposed general permit process. Fair Booth - Assisted with Fair Bo',:th set up. in all computers and phone EPA Attended a meeting witk othe.· govt. and participate in a "Strategic ;':,~t!and" ~'dentificati~-~n Training I. New NRCS appraisal system for personnel. 2. Irrigation Water Management. Anthony District Polizos ~ Conservationis Lower West Coast Mobile Irrigation Lab Progress Accomplishments - January - February 1999 During January and part of February 1999, 21 Mobi irrigation I. ab (MIL) evaluations were completed. evaluations, 19 were Agricultural evaluations. Agricultural evaluations consisted of (:i::~:s (:~ops County. The other 2 evaluations were lJrha:~ sr~ri:~ki~:r at sing].~ family residences in NaDleS. The Mil, staff attended a training Water Management. The workshop was held Okeechohee Service Center by the NECS The workshop was Deavily attended by NRCF emplo./,:~es ~.'--~ throuahout Administrative The r.{z~, starr also prepared our ~-,?'ib;" '' · · :~,-. ' : County :va~". The MiL expects to continue completing sch~duled e'.'aluati for Agricui%ural and Urban systems du~'~ .... reotua:~ an.z Xarch 1999, which ',zii~ a~i<~'..; cont~'~a~''-~.. teals for FY 99. Collier Soil and Water ConservaUon D~tdct_. Agriculture Center, 14700 Immokalee Road - Naples, FL 33964-1468 Phone (g41) 455-4100 o FAX (~tl) 455-2693 AGENDA BOARD OF SUPERVISORS March 17, 1999 1. Cail to J.c_. 2. Roil Call .,.on of Minutes 2/3/99 ..... a a a u~.~ ncl 1 Report ~. i:,C. Report - Tony Polizos c. MiL Report d. F~e!d Rep Report Bill Jolly e. NACD Meeting in San Diego - Laurie Mitchell 5. Old Business a. Haiderman Creek Project Update b. Pester & Speech Contest c. Joodyear Award 6. New Business a April Water Conservation Month Free Net Hookup Mike Ramsey Funding Sources Copy Machine Repair Flow Meter Lower West Coast Water Supply Plan 8, Ad j ou.~'nmen% Norrt~ c Carter ~-' Constantine . ~ac 'K ie 3erry . . . ,~' h',l~c. C0rres: / Subject to Board Approval Collier Soil & Water Conservation District_ Regular Meeting February 3, 15'99 Supervisors present: Robert M. Griffin, Chair Carmine Pittelli, Vi~;e C}:.,i: Sean P. Morton, Secretary/Treasur,~r Michael R. Ramsey I,aurie I,. Mitchell Nancy Hughes, Admi;~is' ::,t .v,. A:;::i,;~ .,:.: Anthony ?oiizos, ?.;RCS Wi 1. l i,~m T. ,Tel.] y, !'~::'.'i,TM :.rr..r;t., 1 Specialist, FDACS ,!ack Str~i:lmet z The r, eet~n? ',;as called to order by Robert Griffin at 4:10 p.m. at the Golden Gate Community lento: . the !as~~ ~,~inc ~_~_'~,-~ ~viewe~ Sean ~zc .... ~,- =h_ minut~, Carm~nu' - P~ttel~i. seconded, and Scan..,~,'.'~'cn._ reviewed the financial ,-r,:-~-. ' He noted r. hat ;~na] payment ~ ' . ,.or EPA 319 had :~,'.,-.:~ r'~c:eive'], the final step to close everything out will b,: ',, make ar=a,~a ......... s w~t IFAS to pay them for their quality analysis. The D.C. Report was given by Tony Pclizos. '?hree applications have been accepted for Wildlife Ha.bizat Improvement. Three people have showed interest so far in EQIP sign-up. Tony did a field recon with Harry Hubert e~ Collier County Capital Projects to look at areas of Ha!derman Creek to determine the extent ef the project. They will need to further investigate the area in a boat. is eresicn cf the banks to some extent, it's a long term process where the side slope grasses in and due tie peop],. using it, sedir~ent is slowly building up, i.t was also that sediment is coming in from the streets. Tony feels that we may be able to do a grant program to install sediment stormceptors in the ditches and side street swells. This a local initiative county project. Tony has scheduled a meeting with John Boldt (Collier County Storm Water Management) for Feb. 17th at 9:00 a.m., he was requestinr: one supervisor accompany him to this meeting. Either Carmine, Sean or Mike will go depending on their schedule. Mike Ramsey asked basically what the Bayshore Redevelopment group was trying to do with }{alderman Creek; answer - a dredging project to improve water quality and waterways. Mike Ramsey had a couple of questions on the Wetlan,! Determinations Tony did in January. Out of the four determinations done, two we~ goin~ from agricu~.- development. Mike sta~ed it was his understanding that Wetland Determina~fon Program was initially set up it wa:{ assist agricultural operations, but he has noticed in recent years that Tony has spent a lot of time doing wet].and determination for property that is co/nc from agricultu~ to deveioum~ht Tony info- ~ ~ ' - - · lm_~ the board that the wetland determination agreement between NRCS and the Army Corp. Engineers (CORE) is being changed. The word is that it be going back to the way it originally was, that he will longer be doing urban wetland determinations Mi~= was wonderin~ i~ the board ~ .... ~ : ~ ~ s ....L~d vocalize in a ietter thei~ support of ~.h_ change to hopefully sp~d up ~ne .~ Tony suugested that the ~-~ - ~ soa.~, tabl~ this until m-_~inc so s== what ' ; cf ...... next - -- n,nd acreement NRCS and the CORE ,. up wi t h. - ..... .~ ..... was passen cut. Mike Ramsev w©u]d like see a ~ ..... her breakdown i:: the annual report Mi>~ a~.so q~-~ticned >.'ha~ ever happened with -~ .... ~- · .~ n ?ay MIL Projec:=. Pezican Ba7 wanted "z ':o 4~ and e',',~lt;at-~-. f~rst sum ~t up and fix it. ~-~:.~ want:ed th~m ~ '~valuat,': fix at zh~ same time The .... -'- · '-,,~, sides could not re ~'~, a .... a compromise on how to handle t~o . ,~- problem and ~-,~ come to an Lmpasse The Distrz,~ had given PeiJcan Bay a proposal to start an MIL Lab t~,~ Ton'/ ~' . them, but nothing has every come of it. Mike stazed that :~,~ would ~ry and contact the Pelican Bay Home Association and see how c,oen ::o an MiL Eroiecft '~"~y are ~his time. ' Wi].iiam Jolly (Bill) gave t?:e Field Rep Report. He stated that in the supervisors manual there is a good explanation of posting of meetings under the Sunshi~e Law (2 week posting required) but a special meeting needs only 24 hours public notice (definition of public notice is posti~q at ~= o=~ice). }{e will research ="rther into the Sunshine Law aS to W~- ~ ~ ~' ' ,~= supervisors can and can not do outside of a meeting in regard to conversatic, ns ~!1 then talked about the ~o-=ab.e mixload centers. He was wondering if the District would be interested [n being a partner wi ch the Extension Service in hostlnc a field ~]ay to give a demonstration on the portable units Carmine PiC~elli felt that ~h,,e would be interest in this system by small farme~;s and lawn maintenance groups. The board agreed to help host the field day, Carmine volunteered to hold the demonstration at Topiary Creations. Bill will start the ball rolling on setting the field day up. Under Old Business, the }{alderman Dredg{nc Project wa~ covered under the D.C. Report. 1 P ' By-laws ',:ere briefly discussed. Nancy Hughes reque::t,er] that if anyone had any changes or additions the,/ sh©ul¢] .:,.: them to her so that she can compile them all tccether an-i get them back cut for everyone tc review° This ~tem wi]' i. tabled until such time ss changes or additions ne.-~! te }-~ discussed. Final item under Cfc: [~'.:siness, the Gccdye-~: order to participate, a:; A~mual Plan of OFeraLio:;:; 99 alone with a 1998 Annual Report will need to, be subm]' no late~ than March 31st. A new Annual Plan cf was discussed, changes and additions were made 98 Annual Plan of Operations. Seas Morton made the mot accept the 1998-99 Annual Plan cf Operationr. Mike, Rams. seconded, vote was called and the motion was passe<-]. present~-'~ "~ ' ~,: hoard ,.~ '{.st '~ future a_,_... .,. ~, ....: the suoervi~s acc;ual;.t "hemselves with r'oll] .... - ,', ....... ,, s natura, ,-== ,,~ ~- :,~. Onc~ a month a Lopi,: <:,;ui~i :. presented to help the suFerviscrs get a Dotter underska;, :.:.: o' the >, ..... cf th~- c:,'.:::t.v F'ike feels .. m~ .... : .... 'd . , , ~u:~ ~,,a~ we wz_~ be askeG our o~ix:,J:; o:,. ;....... future a.~ ~.~ i ~,~= >,'I~ h,, us ~-- ~ ~ · - = ........... z.~ ~O.,,,~;l(j O]:J:,:,'.:i:i' ;~:;r: . ;. establishln,c a relationship wit:h uhe ~zl~ w,:, dealing ,wit~ ~-~ board a,:,'-,-~ ' ........ . ..':-(, tl~ O~e Or agenda items ',::!1 b,-- a~.. .... c at each meetlnc ;' ,~ ~: .... :., m:nutes studying the Wat,~:-sh-.d 2c:::.dary Map for County Ananta Nath Ckie[ :.' .... ; ,,, ~ " he Basin {which is ~ ~ of :. . .~.~u~,~ Florida Wa'.,-:r produced a ~;~'~ map sit,,w!:?; the ql~f~,-c..,~ b~:7 n:; county (did not go ~ ]c }{i ' . . - ~e/_nd ur'.way 2% ;ntt, cas' " county} . ~h___ are ............. ~on, most of w.'t~,:r; :,a~'ica] ]' flow south, ~outhwest: C,>il~,,- "~ ~ ~!y ' . · . , . i .... ~ ~ee a~d :i.3F~Ol",' CO~ntieS, OUt ~0:' tlne we are ~ ~ ~ i , . _r_N~ fl-cT our surrou inf: ce'int. w~=e_ resources are basically what falls zn Coi~ iez Coun' '.. Big Cypress Basin is trylna to put together a detailed watershed ~a:'] to got a h~-t',.r 2: ir.. as t~ '.,,'h,}:~, :he wat,~., ... going. ' Final item under New business, the county's resolutl ,~, RE: Army Corps of Engineers Usage of the Comprehensive Plans as the Land [3se Alternative. Mike Ramsey gave a li~ history behind %his resoluti~3n. Since 1997, 80% of the permit appiicaticns for Region Vi, had to do with Collie~ Lee county. This sounded an alarm bell that has made EIS decide tc take a look as to how much development', is going down here. EiS and the CSRE can legally come in and took the envzronmentai im:)act of al! these projects p::t if they find that it is detrimental to the env£ronment will require that the counties change their future land elements and comprehensive plans. The counties complain~' that they have spent a lot of money and man hours deve] these plans which were approved by DCA (a state agency) The resolution in question states that Collier and should be al!owed to have their Land Use ~t~m~ pre~_rr_~ alternative in the EIS decision. C .... ~ ........ ;~ Pamela Mac's,z_ sent th~ koard a letter asking o~r ,]r~i:~! this whole matter. Mike also informed the board that currently in Collier County 70% o~ our land mass is preserved land, of the remaining land mass, on average, is wetlands = ~ . A~t_r much discussion, it was decided b board that ~<ike and Tony would get together ~; ~;~.'~fr opinion. ' The next board meeting was discussed. and Sean Mcrton were koth going to be out cf town week in March. It was dec~ded that the meet iht rescheduled to March 17. -' ~ Meet/r.u adjourned at 6:20 p.m. COLLIER SOIL & WATER CONSERVATION DISTRICT Financial ReDort 2/1/99 2/28/99 Beginning Balance Expenditures Salaries Employee Taxes Dues Office Supplies Other Supplies Bocks, Publications Prcfessional Fees Plat D/rectory Dist. Misc Bank S/C (Jar] $4.04/Feb Total Expenditures $59,774.95 2,982.40 228.15 65.00 23 50 81 84 i5 oo 1.ooo o£ 336 oo 39 60 $ 4,788 22 Plat Directories Sales Tax Shipping & Handling Aerial Photos Excess payment w/TC ~re~m to Bank Interest (Jan $24.93/Feb £22.~4] Total Receipts 70.00 4.34 2.50 2.36 2.90 ___ 47.57 129.67 Ending Balance as of 2/28/99 DC Report Naples Field Office March 18, 1999 banduser Rookery Bay NERR (Fleischer) - , " (Eagle Creek) A_cres Locat Aon · o~,el Rd. 22 ,, " (Shell Island) 30 Shell Isi. and All of the above prcposals were approved for Livestock Assistance Program - Guy Masters Donnie Crawford Eddie Henderson 1300 Don Finks 1300 Tim Mudge 1900 L.B. Gross 450 2959 Wetland Determinations 500 Hy846E Hy846 Hy858 Hy858 Immokalee Hy 29S EQIP Jim Colosimo Mike Burnsed 640 Hy846W Don Finks 10 Pine Ridge Rd. Eddie Henderson 1900 Hy858 Bob Tipton 1300 Hy858 20 Sabal Palm Rd. Others SGGE Attended regular meeting of the Tech. committee. Vegetation maps are nearly completed. Surveyed elevations to the 2 wells in the 10,000 Islands NWR. Repaired 6 we]Is damaged by fires. Also, attended a meeting held by BCB to get concerns by other agencies and to inform them of restoration progress. Lower West Coast Wa~er Supply Plan - Attended 2nd meeting to "oeg~n formalizing a a~er supply plan. . W *' ;'i:'>'_::i:i~:;~t >, lcayne S. F. meeuin9 - Attended regular advisory meeting .... · ,::~.~:i~:~,-,.:~dlscuss use and management of the new forest (SGGE). to PCT - Attended regular meeting. Discussed Science Forum to ',-~'~be held in Boca Raton in May. Also discussed was the ~ Project along US41 and the SGGE restoration. eman Creek -' Completed ~ ~liminary reconaissance of the creek and location possibilities of the pollution abatin~ structures . , ~,Anthony Pol izJs District Conservationist Lower West Coast Mobile Irrigation Lab Progress Accomplishments . February and March 1999 ~.During part of February and March 1999, 24 Mobile Irrigation Lab (MIL) evaluations were completed. Of the 24 evaluations, 20~were Agricultural~.-evaluations. These Agricultural e' ~ns consisted.of citrus crops in Hendry County. The 4 evaluations were'~Urban sprinkler systems at single family residences in Naples. The MIL staff attended a training workshop on Microirrigation Management. The workshop was held at the U of F, SWFREC in Immokalee. The MIL will be assisting in a ~reSearch project at the recently evaluated research grove. The MIL staff prepared our exhibit for, and attended the S. ~.~ W. Florida Environmental Expo at the Harborside Convention Center in Fort Myers. The MiL attended the Irrigation Conservation Committee (MIL) Meeting held at the Palm Beach Soil & Water Conservation District offices. The MIL expects to continue completing scheduled evaluations for Agricultural and Urban systems during the rest of March 1999, which will allow us to meet our con~ract goals for FY 99. P~ 81 ' ? NOTICE OF KEETING The Collier Soil & Water Conservation District will meet at 4:00 p.m. on Wednesday, April 7, 1999, at the Golden Gate Community Center. The meeting is open to the public. '"' C.~',O C O0~.~RVA'nO~. f'~VTtC~T · aZ[ r~,zrnNur,,rr Copi,:s To: MEMORANDUM Misc Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: DATE: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/FinanCe Department April 5, 1999 RE: Miscellaneous Correspondence- BCC Agenda Please place the following items on lhe next available BCC agenda and call me at exlension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritaqe Greens Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Heritage Greens Community Developmenl Dislrict has submitted the following: (a) (b) (c) (e) (O General Purpose Financial Statements September 30, 1998 Audit Report Management Letter and Response to Management Letter Budget for 1998 Description of Outstanding Bonds Local Government Annual Financial Report There is no Management Letter or Management Letter CommenTs Thank you Heritage Greens Communib/Development District ,.General Account ng Manager 26~ 1 A~rlx~rt Road, Court Plaza III P.O. Box 413016 Naples, Florida 34 ] 12-301G Altention: Mr. Derek Johns~en General Ac(ounting ,%lan,~ger 5ubje¢-t: Herilage Greens Communil¥ Developmen! Dklrid El+cai ~ear 1998 Annual ~inancial Repod of Unils of local Government Dear Mr. Jnhns~en: Pursuant 1o Florida Statues, S~tion 218.32~lld~L enclo~,d plea~, find lhe followingS: I. General Purl~se Financial Stat~,rmml~ September 30, 1998. 2. There is no Managemenl Letter, or Management I ett~,r Comnmnts. 3. L~al Government Annual Financial Repoa. {2 copie~) If you have any questions or require any additional information, pJease contact mo. Yours sin cerely, HERITAGE GREENS COMMUNITY DEV[ LOPM E N T DIS I'RIC[ Director of Financial Services Enclosures [?ECE!VED 2[0 No,~ University DnVe...Suite 30]...Coral Spnngs, Flonda 3307L.Telephone [954) 753-5841...Fax (954) 345-1292 , I~'G 3 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT GENERA L-PURPOSE FINANCIAL STATEMENTS AS OF AND FOR TIlE YEAR ENDED SEPTEMBER 30, 1998 I 1 1 I I I I I I I I TABLE OF CONTENTS INDEPENDENT AUDITORS' REPORT GENERAL-PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet -All Governmental Fund Types And Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances Budget and Actual - General and Debt Service Funds Notes to General-Purpose Financial Statements GOVERNMENT AUDITING STANDARDS Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General-Purpose Financial Statements Performed in Accordance with Government Auditing Standards MANAGEMENT LETTER RESPONSE TO MANAGEMENT LETTER 3 I-2 5 6-14 15-16 17- 18 I ~) I I I As explained in Note 2 to the general-purpose financial statements, in 1998 the District changed its method of reporting investments. As explained in Note 4 to the general-purpose financial statements, thc District has elected to report its investment in infrastructure assets. In accordance with Government Auditing Standards, we have also issued a report dated January 13, 1999, on our consideration of the District's internal control over finahcial reporting and our tests of its compliance with certain provisions of laws, regulations and contracts. Schultz, Chaipel & Co., 15[L.P. January 13, 1999 I' ! I I I I I I I I I I ! I I I I ! I II HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COMBINED BALANCE SHEET - ALL GOVERNMENTAl, FUND TYPES AND ACCOUNT GROUPS September 30, 1998 Assets and other debits Cash Due from Developer Special Assessments receivable Restricted as.sets Investments Other In fm,~tructure under cnnstruction Amounl available in Debt Scwice Amount to be provided for retirement of general hmg.tcrm debt T~ ~,et$ and other debits Governmental Fund T)pcs. Accounl (}roups General Debt Capital Service Projects Gcner'al Fixed Assets t, ;choral Long-term Debt (Memorandum ()nly) $ 2,971 $ $ 10.056 5.117.488 ~O'~.~,_Tflt', g ,,71. 4,939 335 -l,77g,t, 12 1,297.6,17 · I,,137..13 t 5. Il ,1.779,¢, I .' 1.297.t,.I 7 4.457. 13.027 $ 6.,115.13] t[ 118.067 $ 4.779.612 $ 17,050.~;'; Liabilities, equity, and other credits Liabilities Accounts payable Deferred revenuc Special A.s,sessn, ent Bonds payable Total liabilities $ 13.027 $ $ $ S 5.117.488 13.027 5.117.488 5.755.¢YY) 13.027 5.117.4~x 5,755J~m 5.755.06~1 10.885.51 Equity and other credits Investment in general fixed assets Fund Balance Reserved for construction Reserved for debt service Unreserved, undesignated Total equity and other credits 1,297,645 88,067 4,779.612 1.297.645 88.067 4.779.612 4,77g.612 88,06 ? 1,297.6-1 'X 6,165,32a Total liabilities, equity and other credits $ 13.027 $ 6.415,133 $ 88,067 $ 4.779,612 $ 5,755,000 7.050.839 Thc accompanying notes are an integral part of these financial statements 3 I I I I I I I I I i I I I I I I I I I HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES For the Yem' Ended September 30, 1998 Revenues Special Assessments Contributions from Developer Miscellaneous Interest Total revenues General Governmental Fund Typcs Totals Debt Capital (Memorandum Sen'icc Projccts Only) $ $ 70,578 882.512 $ 882.512 70.578 70,578 48,747 26,580 75.327 931,259 26.580 1,028.417 Expenditures Current General Government Personal sen'ices Operating expenditures Capital projects Debt sen'ice Principal retirement Interest Total expenditures 3,00O 67,948 70.948 1,420.788 67.'~4g 1,420.788 245.000 495.000 495 740,000 1,420.788 2,231.736 191.259 (I 394,208) (1.203.3 I*~) Excess revenues over (under) expenditures 070) Other financing sources (uses) Transfers in Transfers out Total other financing sources (uses) 40.000 44,267 84,2(,7 (44,267) (40,000) (84.2(,7) (4,267) 4,267 Excess of revenues ,and other financing sources over (under) ex'penditurcs and other financing uses (370) 186,992 (I,389,941) (I.203.319) Fund balances, October 1, 1997 370 1.110,653 1,478.008 2,589.031 Fund balances, September 30, 1998 $ 1,297,645 $ 88,067 $ 1.385.712 The accompanying notes are an integral part of these financial statements 4 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - GENERAL AND DEBT SERVICE FUNDS For the Year Ended September 30.1998 3 Revenues Contributions from Developer Special Assessments Miscellaneous Total revenues Budget Actual Variance Favorable ( ! In lhvorablc ) 99,250 $ 70,578 $ (28,6721 99.250 70,578 (28.6721 Expenditures Current General Government Personal services Operating expenditures Debt Service Principal retirement Interest Total expenditures 12,000 3.000 9,000 87,250 67.948 19,302 99.250 70,948 28,302 Excess revenues over (under) expenditures (370) (370) Other financing sources (uses) Transfers in Transfers out Total other financing sources (uses) Excess revenues and other financing sources over (under) expenditures and other financing (uses) (370) (370) 370 370 Fund balances, October I, 1997 Fund balances, September 30, 1998 The accompanying notes are an integral part of these financial statements III ..... II .......... I II ..... 11 ............... II ...... llll il ........ i I I I i I I I Debt Sero'ice Budget Actual Totals (Memorandum Only) Variance Variance Favorable [:avorablc (Unfavorable) Budget Actual (Unfavorable) $ $ $ $ 99,250 $ 70,578 $ 882,512 882,512 882,512 882.512 48.747 48,747 $ 48,747 $ 48.747 (28,672) 931.259 931,259 1,030.509 1.001.837 (28.672) I ! I 12,000 3.000 9,000 87,250 67.948 19,302 245,000 245,000 245,000 245.000 495,000 495,000 495,000 495,000 740.000 740.000 839.250 810.948 28,302 i I 191,259 191,259 191,259 190,889 (370) ! I 40,000 40,000 - 40,000 (44,267) (44,267) - (44.267) (4,267) (4.267) - (4.267) ! I I I I 186,992 186,992 191,259 186,622 (370) 1,110.653 1,110,653 1.III,023 1,111,023 186,992 $ 1,297,645 $ 1,110,653 $ 191,259 $ 1.297,645 $ 1,110,653 I I I I i I I I I I i I I i ! I I I I HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 NOTE1- ORGANIZATION AND SUMMARY OF SIGNIFICANT ACC()UNTIN(; POLICIES Organization The fteritage Greens Community Development District (tYrmcrly known as l)ovc l'ointc Community Development District) was established on July 20, 1993 by the Collier County Board of County Commissioners pursuant to Ordinance 93-39 as amended, and the provisions of Chapter 190, Florida Statutes. The District ,.vas established to provide for the ownership, operation and maintenance of certain community-wide infrastructure. ]'he accounting policies of Heritage Greens Community Development District confi~rm with generally accepted accounting principles (GAAP) ~ applicable to governments. Heritage Greens Development Limited Partnership is the present major landowner in tl:c District and is represented by three of the five members on the Board oirSupcrvisors, Governmental Accounting Standards Board Number 14. "Financial Reporting Entits" ((;'ASB 14) requires thc financial statements of the District (the primary government) to include its component units, if any. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. Based on the criteria established in GASB 14, there arc no potential component units required to be included in the District's general-purpose financial statements. Summary of Significant Accounting Policies Thc following is a summary, of the more significant acceunting policies used in thc preparation of these general-purpose financial statements. Fund Accounting The accounts of the District arc organized on the basis of funds and account groups. each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to, and accounted for, in individual funds, based upon the purposes for which they are to be spent and thc means by which spending activities are control lcd. 6 I I I I I ! I I I ! I ! I I I I I I I HERiTAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 NOTE i - ORGANIZATION AND SUM,~L,~.RY OF SIGNIFICANT ACC()UNTIN(; POLICIES (Continued) Summa~' of Significant Accounting Policies (Continued) The following fund types and account groups arc used by thc District: ' Governmental Fund Types General Fund The General Fund is established to account for all financial transactions not properly accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumulation of resources For and payment of general long-term debt principal and interest and related costs. Capital Projects Fund The Capital Projects Fund is used to account lbr linancial resources to bc used for the acquisition, design and construction of major Facilities and related land improvements. Account Groups General Fixed Assets and General Long-Term Debt The general fixed assets and general long-term debt self-balancing groups of accounts are used solely to account for the long-term assets and liabilities that are not properly accounted for in Governmental Funds. In Governmental Funds, purchases and sales of long-term assets are recorded as expenditures and revenues. Payments of long-term debt principal are recorded as expenditures in Governmental Funds. 7 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS I September 30, 199f I NoTE 1- ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTIN(; POLICIES (Continued) I Summary. of Significant Accounting Policies (Continued) I Account Groups (Continued) These two account groups are not "funds". They are concerned only with thc measurement of' financial position. They are not involved with measurement t~f results of operations. I Measurement Focus Government Fund Types · I The Gene, Iai, Debt Service a,,nd Capital Projects Fund are accounted "spending or "financial flow measurement focus. This means that only current i assets and current liabilities are generally included the balance sheet. Accordingly, the reported undesignated fund balances (nut°~' current assets) are considered a measure of available, spendable or appropriable resources. I Governmental Fund Type operating statements present increases (revenues and other curremas ets.-finaI~c~!n-g-sS'°urces)and decreases (expenditures and other financing' uses)in net i Basis of Accounting I Governmental Funds are accounted for using the modified accrual basis of accounting. Revenues are recognized when they become measurable' and available for usc. Expenditures are generally recognized when the liability is incurred. ' Budgets i Pursuant to Florida Statute 190.008, on or before July 15 of each >'ear, the District's manager is to provide the Board of Supervisors v~Sth a proposed budget. The Board is consider this proposed budget, approve it as presented or modify it if deemed necessary. I The board is to indicate its approval of the budget bv resolution and provide for public hearing. At the conclusion of the public heating, the Board, bv resolution, will adopt thc I finally approved budget. The budget must be adopted prior to ~)ctober I of each year. For the year ended September 30; 1998, the Board adopted a budget in accordance with i Florida Statute 190.008. I I I I I I I ! I I I I I I I I I I HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 'NOTE 1 - ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTIN(; POLICIES (Continued) Summary. of Significant Accounting Policies (Continued) Investments Investments are reported at fair value v,'hich is determined by using qupted market pricc~ Fixed Assets All property including infrastructure assets are recorded at cost. No depreciation has been provided on general fixed assets. Restricted Assets Proceeds from the Special Assessment Bonds are restricted for thc payment t,f improvements constructed by the Developer and for debt service reserves required by thc Bond Resolutions. Any unused construction funds are to bc used to repay outstanding bond principal and interest. Fund Balances Reserved Fund Balance Reserved fund balance indicates that portion of fund equity legally set aside for thc retirement of debt or construction of District improvements. Unreserw'ed Fund Balance Unreserved fund balance indicates that portion of fund equity, which is available for budgeting in future periods. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to rese~'e that portion of the applicable appropriation, is not employed by the District because it is at present considered not necessary to assure effective budgetary control or to facilitnte effective cash planning and control. 9 I I I I I I I ! ! I I I I I I HERITAGE GREENS COMMUNITY DEVEI, OPMENT I)IS'I'RIC'I NOTES TO GENEtLAL-t URPOSE FIN:\NCIAL STATEMF. NTS September 30, 1998 NOTE ORGANIZATION AND SUMMARY OF SIGNIFIC:\NT A('('¢)I:NTIN{; POLICIES (Continued) Summary of Significant Accountin~ Policies (Continued) Totals (Memorandum Only) Column Thc totals columns on the combined statements are captioned ".Mcmorandtm~ indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results or' operations, or changes in financial position conformity with generally accepted accounting principles. Neither is such da~a comparable to a consolidation. Interfund eliminations have no! bccn made aggregation of this data. NOTE 2 - CASI! :\ND INVESTMENTS Florida Statutes provide that each Special District may deposit its public t'tmds in tt~c Florida State Board of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Instituti~m Collateral Pool. All such deposits are classified as lull>' insured. Florida Statutes als~) provide that Special Districts may invest in securities limited to obligations of the I:.N. Government, Mortgage Backed Securities guaranteed by the U.S. Government anti ir~ mutual funds which invest in only the aforementioned securities. The bond resolution provides similar limitations on authorized investment securities. All deposits and investments during and at the end of the >'ear were in compliance with statutes and thc Nmd resolution. At September 30. 1998, the carrying amount of the District's deposits was $2,971 and thc bank balance was ,$2,971. These deposits were entirely covered by Federal l)cpository Insurance or by collateral pursuant to thc Florida Security ~br Public I)cposits Act (Florida Statutes Chapter 280). The District has implemented GASB Statement Number 31. ,,tccountin,g ~tml t"imtm'i,d Reporting fi)r Certain Investments and .fi)r External /nvcxtment Pool\. [.;ndcr this statement, the District has elected to show all investments at thir value. All valuations are based on quoted market prices. Thc net effect Of adopting Statement Number 31 was immaterial to the financial statements. 10 I I HERiTAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 1 I · NOTE 2- CASH AND INVESTMENTS (Continued) I T'he following is a schedule of the District's investments at September I I Evergreen Select 100% Treasury Money Market Fund, CLI, FD #471 Fair Value $1.,380,438 I I ! i NOTE 3 - NOTE 4 - SPECIAL ASSESSMENTS SPecial Assessment Outstanding Special assessments receivable, beginning of year Prepayments Special assessments receivable, end of year GENERAL FIXED ASSETS $6,000.000 t882~512) $5,117,488 I Infrastructure fixed assets were not reported in prior ,,'ears. '~e District determined that those assets will be reported beginning October 1, 199'7. I I Property in the general fixed ,assets account group consists of infrastructure assets (roadways. bridges, water management and street lighting) find water, sewer and irrigation facilities. Changes in general fixed assets: I I I Infrastructure under construction Balance Balance October l, September 30. 1997 Additions Deletions 1998 $3,358,824 $1,420,788 $ - $4,779,612 I I I Il 3 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 1 3 NOTE 5 - BONDS PAYABLE 1997 Special Assessment Bonds Payable $6,000,000 Series 1997 Term Bonds maturing through 1999 interest at 8.25%, collateralized by the pledged revenues of special assessments levied against the benefited property owners, payable May 1 and November 1. A summary of changes in Bonds payable during the year follows: Bonds payable at October 1. 1997 Principal retired Bonds payable at September 30, 1998 $6.000.00(/ 245,00O $5,755,000 Bond Provisions The District is to levy special assessments pursuant to Section 190.022 of the Florida Statutes to the assessment rolls approved by resolutions of thc District. The. collections of such assessments are to be accounted for and applied to the debt service of the bond series for which they were levied. The District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on thc bonds. However, payment of principal and interest on the bonds is dependent on the money available in the Debt Service Accounts and the District's ability to collect special assessments levied. The bonds are subject to mandatory redemption at par on a schedule of annual redemptions. The District may redeem the bonds at par prior to scheduled maturity from the proceeds of any assessments prepaid in full or monies received as a result of condemnation or destruction of the project. The Indenture provides for a Bond Revenue Fund which shall be held by the Trustee separate and apart from all other funds for thc purpose of depositing special assessment collections. The annual requirements to amortize all special assessment debt outstanding of the District at September 30, 1998, are as follows: Yearending September30 Principal Interest Total 1999 $ 115,000 $ 474,788 $ 589,798 2000 130,000 465.300 595.300 2001 140,000 454.575 594,575 2002 150,000 443,025 593,025 2003 165,000 430,650 595,650 Thereafter 5,055,000 3,969,900 ..9,024,900 $5,755,000 $6,238,238 $11,993,238 12 ! I I I I I I ! ! ! I I I HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 NOTE 6 - EXPENDITURES IN EXCESS OF APPROPRIATIONS The Debt Service Fund reported total expenditures in excess of appropriations. This resulted from additional principal payments being made during the .,,'ear. The Bond Resolution requires for the payment of bond principal upon thc receipt of prepaid assessments. NOTE 7 - AGREEMENTS WITH DEVELOPER- RELATED PARTY TRANSACTIONS In January 1997, Heritage Greens Development Limited Pannership (the "Developer") acquired the lands within the District from the former developer and completed the plan of development. The Developer funded the budgeted expenditures of the General Fund for the year ended September 30, 1998. NOTE 8 - YEAR 2000 DISCLOSURE District management has addressed the Year 2000 issues relating to its computer systems and other electronic equipment. The Year 2000 issue refers to the fact that many computer programs use only the last two digits to refer to a year. Therefore, both 1900 and 2000 would be referred to as "00." Computer programs have to be adjusted to recognize the difference between those two years or the programs may fail or create errors. Also, some programs may not be able to recognize that 2000 is a leap year. Further, the Year 2000 issue could affect electronic equipment - such as environmental systems, elevators, and vehicles - containing computer chips that have date-recognition features. During the 1998 fiscal 3'ear, District management addressed the Year 2000 issue. District management identified the computer systems that arc mission-critical (that is critical to conducting operations) and that need to be Year 2000 compliant. District management also utilized the following stages as outlined in GASB technical bulletin 98-I: · Awareness stage - establishing a plan for dealing with the Year 2000 issues. · Assessment stage - identifying the systems and components tbr which Year 2000 compliance work is needed. · Remediation stage - making changes to systems and equipment. · Validation/testing stage - validating and testing the changes that were made during thc remediation stage. The District has completed all the stages discussed above and believes that its mission critical systems are Year 2000 compliant. Also, the District did not spend significant resources to make its computer systems and other electronic equipment Year 2000 compliant. 13 i I I I I i I I I I i I I ! i I I I HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENER..\L-PURPOSE FINANCIAl. STATEMENTS September 30, 1998 NOTE 8- YEAR 2000 DISCLOSURE (Continued) Because of the unprecedented nature of thc Year 2000 issue, thc success of remediation efforts by District management will not be fully determinable until after the Year 2000. Management cannot assure that the District is Year 2000 ready or remcdiatio~ efforts have been successful in whole or in part. 14 I I I I I I INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WiTH GOVERNMENTA UDIThYG STANDARDS I I The Board of Supervisors Heritage Greens Community Development District Collier County, Florida i I i We have audited the general-purpose financial statements of l-leritage Greens Community Development District (the "District") as of and for the year ended SeF,,:mber 30. 1998. and have issuc~t our report thereon dated January 13, 1999, which was qualified because insufficient audit evidence exists to support the District's disclosures with respect to the Year 2000 issue. Except as discussed in the preceding sentence, w.: conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government ..Iuditin,~, issued by the Comptroller General of the United States. ! I I I Compliance As part of obtaining reasonable assurance about whether the District's general-purpose linancial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However. providing an opinion on compliance with those provisions was not an objective of our audit ,and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that arc required to be reported under Government ,,luditing &andurdx. ! I 15 I I ! ! I i I I I ! I i I I I I I I !1 Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's intcr~?nl control ox'ct timmcial reporting in order to determine our auditing procedures for the purpose of cxprcssing our upinion the general-purpose financial statements and not to provide assurance on the internal c~mtml over financial reporting. Our consideration of the internal control over financial rcporling would necessarily disclose all matters in the internal control over financial reportinrs, that migh~ bc material weaknesses. A material weakness is a condition in which the design or operation of m~e or ~m~rc {~F thc internal control components does not reduce to a relatively low level thc risk that misst~tcmcms mounts that would be material in relation to the financial statements bcinu audited ma~, occur and nut be detected within a timely period by employees in thc normal course ~f pcrfi)nning their assigned functions. We noted no matters involving the internal control over financial reporting and its operalitm that we consider to be material weaknesses. This report is intended solely for the information and use of the Board and manaucmen! of thc [)istrict and the Auditor General of the State of Florida and is not intended to bc anti stOoL, Id not he used b: anyone other than these specified parties. Schultz, Chaipel & Co.. L.L.P. January' 13, 1999 16 I I I I I i I I I I I ! I I ! I MANAGEMENT LETTER Honorable Board of Supervisors Heritage Greens Community Development District Collier County. Florida We have audited the general-purpose financial statements of the [tcritage Greens Community Development District (the "District"), whose headquarters is located in Coral Springs. Florida. as of and for the fiscal year ended September 30, 1998, and have issued our report thereon dated Januarv 13. 1999. We have issued our Independent Auditors' Report on Compliance and on Internal Control ()vet Financial Reporting dated JanuaO. 13. 1999. Disclosures in this report, if an,,,, should be considered in conjunction with this management letter. ' We conducted our audit in accordance with generally accepted auditing standards, and thc standards applicable to financial audits contained in Government Auditing Standard.~' issued by thc Comptroller General of the United States. Additionally, our audit was conducted in accordance with provisions of Chapter 10.550, Rules of' the Auditor General. which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554(1)(e)I.) require that we comment as to whether or not irregularities reported in the preceding annual financial audit report have been corrected. There were no irregularities disclosed in the preceding annual report. The Rules of the Auditor General (Section I0.554(1)(e)2.) require that we comment as to whether or not recommendations made in the preceding annual financia! audit report have been fi)llowcd. There were no recommendations made in the preceding annual financial audit report. I I I I i I I I I ! I ! I I I I I I As required by the Rules of the Auditor General (Section I0.554(1){c)3.). thc .';cove of our audit included a review of the provisions of Section 218.503(1). Florida Statutes, 'l)ctcrmination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us believe that the District is in a state of financial emergency as a consequence of thc condition:, described in Section 218.503(1). Florida Statutes. As required by the Rilles of the Auditor General (Section I0.554(1)1c14.). we determined that thc annual financial report of the Heritage Greens Community Development District fi~r thc fiscal year ended September 30, 1998, was filed with the Department of Banking t:inancc pursuant to Section 218.32(1)(a), Florida Statutes, and is in agreement with thc annual financial audit report for thc fiscal year ended September 30. 1998. The Rules of Auditor General (Sections 10.554{I)(e)6.,7..8.,9.) require thsclosurc in the manaucmcnl letter of the following matters if not already addressed in the auditor's repons on thc internal structure or compliance: recommendations to improve financial management, accounting procedures. and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements: illegal or improper expenditures which ma',' or may not materially al'iL'ct thc financial statements; improper or inadequate accounting procedures (c.g.. thc omission tit' required disclosures from the financial statements); failures to properly record financial transactions: and other inaccuracies, irregularities, shortages, and defalcations discovered bv the auditor. ()ur audit disclosed the following matters required to be disclosed by Rules of Auditor (;choral 10.554(I)(e)6..7..8..9.) PRIOR YEAR COMMENTS THAT CONTINUE TO AI'I'LY: None CURRENT YEAR COMMENTS: None This report is intended solely for the information and use of the Board and management of thc District and the Auditor General of the State of Florida and is not intended to bc and should not bc used by anyone other than these specified parties. Schult7, Chaipel & Co.. IB.I,.P. January 13, 1999 18 I HER. ITA GE GREENS COMMUNITY DEVELOPMENT DISTRICT I i 210 NORTH UNIVERSITY DRIVE, SUITE 301 CORAL SPRINGS, FLORIDA 33071 I March 10, 1999 I I I I I ! Schultz, Chaipel & Co., L.L.P. 12660 World Plaza Lane Fort Myera, Florida 33907 Dear Sir:. Pt~uaat to the Rules of the Auditor General Section 10.557(1), this letter serves as our ,,~irten statement ofexplamafion. I am pleased that you have reported no findings ia your report dated J'anuary 13, ! 999 on Compliance and on Internal Control and that y~u report~t no management letter comments ia the ca-rent or prior year management letters. I look forward to working with your firm in the future. Sincerely, HEKITAGE GREEN'S COMMUNITY DEVELOPMENT DISTRICT I I I JPW/gb I I 19 I MEMORANDUM Misc Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager ~,. ,, Clerk of the Circuit Court/Finance Department DATE: April 5, 1999 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 wilh the date and. Miscellaneous Correspondence agenda item number. , Key Marco Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Key Marco Community Development District has submitted the following: (a) Minutes of Meeting held December 3, 1998 Thank you :~speciaF,special C0;.,ies l'0: Gar L. Moger, P.A. land Development o ,Management Consult/mi March 18, 1999 10300 Northt[~esl Eleventh Manor t;ora[ Sl)rin,qs' Florida ~3071 Memorandum To: From: RE: Mr. Robert Fernandez County Manager C/O COLLIER COUN~IW GOVEI{NMi,;NTAI, CENTEI~ 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, FI, 34112 Mr. Timothy J. Gillett CLERK OF THE CIRCUIT COURT FINANCE I)I';PT. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, FL 34112-3016 Mr. James Reinders SUNBELT REALTY GROUP 870 Bald Eagle Drive #lB Marco Island, FL 34145 Marty Redovan SCHULTZ, CHAIPEI, & CO.\IPANY 12660 World Plaza l,ane Ft. Myers, FI, 33907-3987 Gary L..\loyer, Manager Minutes of.Meeting held I)ecember 3, 1998 Enclosed for your records is a copy of the Minutes of Meeting of the Board of Supervisors of the Key Marco Community Development District held as referenced above. The Settlement Agreement is not included and will follow shortly. Thank you for your patience. GLM/km _RECEIVED MAR2 2 Iggg 5IL-Nq3'rF~ OF MEk~12NG KEY MARCO COMM~ DEVELOPM32NT DISTILICT The regular meeting of the Board of Supervisors of thc Key Marco Community Development District was held Thursday, December 3, 1998 at 1:00 P.M. in the offices of Key Marco Developments, 3185 Horseshoe Drive South, Naples, Florida. Present and constituting a quorum were: James Reinders Donald W. Henderson Amos Watson Karen Welks Mark Taylor Also present were: James P. Ward Chuck Adams Bruce Anderson Max Levy FIRST ORDER OF BUSI1N-ESS Chairman Vice Chairman Assistant Treasurer Asst. Treasurer/Assistant Secretary Assistant Secretary District Manager Director of Operations Attorney Resident Roll Call Mr. Rcindcrs called the meeting to order at 1:00 P.M. and stated that all Supervisors are present. s~COND ORDER OF BUSINtiiSS Organizationnl Matters A. Oath of Office for Newly Elected Supervisors Mr. Ward being a notary of the State of Florida, administered the Oath of Office to the Board members, a copy of which will be made a part of the official record of the District. Mr. Ward stated I am providing each of you with an original of the Oath of Office and I will ask for the record that you please sign it, date it and return the original to me. For those two members of the Board who are new, let me just take a moment to welcome you to the Board and go over some very basic issues with you. I provided to you what is called the Form 1 Statement of Financial Interest. You are required within thirty days of your being seated on the Board, which is today, to file the Form 1 Financial Disclosure with the Supervisor of F]lections in the County in which you reside. It is a relatively simple form. If you have any questions with respect to it, Mr. Anderson or I can help you fill it out. Please take December 3, 1998 ~. the appropriate time to ensure that it gets to the Supe~'isor's office within thirty days from today. Mr. Taylor, you have already filed, so there is no necessity for you to re-file that form. Mr. Henderson asked who do we file it with? Mr. Ward responded with the Supervisor of Elections in Collier County. The other booklet that I provided to you is a Guide to the Sunshine Amendment and a Code of Ethics for Public Employees. By virtue of you sitting on this I{,oard. you are now considered public officials of the State of Florida and must g()vern yourselves accordingly. You have the same rights, duties and responsibiliti~..s any sitting City Commissioner, County Commissioner or State l,e~isl;~t~r. The most important law that you must follow is what we commonly refer t,~ ~s Sunshine law. The Sunshine law basically indicates that no tw~, memb~.rs ~fthis Board may conduct business that will appear before this body for a vote outside o[' an open noticed public meeting. Nor may you use a member of your staff or any other member of the public to communicate with another member o[' this about how he or she may feel on a matter that may appear be. fl)re you at some point in the future. Violations of the Sunshine law are considered ~.~thical violations of the Statute. They are prosecutable both by civil i)enalti~:s criminal penalties, and they reflect on you as an individual and not (m organization. If you are charged x¼th an ethical violation of the Statutel you are required to defend yourself outside of the District's legal counsel and outside ¢)[' any insurance that we carry for Directors and Officers' liability until such time as the charges are then proven false, at which time the District will be able to reim})urse you for those legal expenses. There are some minor exceptions to that particul:~r rule but if you ever get into that, Mr. Anderson or I will be more than .happy to provide you the legal counsel necessary with respect to that. In all instances, what we tell our Boards is if there is any question whatsoever about how you may act, please give us a call. We will always tell you to act conservatively; that is, just do not discuss the matter amongst yourselves and bring it up at one of these meetings. If you have any questions, Mr. Anderson or I will be able t() answer them for you at this point. Is there anything from the Board? Mr. Reinders responded we will let the record reflect that Mr. Anderson has joined us. For informational purposes and because we have somebody in the audience today, what is your name, sir? Mr. Levy stated Mr. Levy. December 3, 1998 Mr. Reinders stated we will provide an opportunity a little later in this meeting for any questions you may have and we will answer them as best we can. B. Consideration of Resolution 99-1 Canvassing and Certifying the Results of the Landowners Election Mr. Reinders stated the next item I see here is Consideration of Resolution 99-1 Canvassing and Certifying the Results of the Landowners Election which we held at our last meeting· Those results are under the second tab. That looks to bc the results of thc election to my recollection. Do you want a motion to adopt? [On MOTION by Mr. Reinders seconded by Mr.[ [Henderson with ~il in favor Resolution 99-1 Ca ' nvassingll [land Certifying the Results of' the Landowners Election[[ []was adopted. 11 C. Election of Officers Mr. Ward asked Mr. Reinders, can we could go back to Item 2-C fbr moment? Mr. Reindersresponded okay, 2-C beingtbe Election of Officers. Wh,t are the officers that we need to address? Mr. Ward responded let me just run through your existing list and you can do what you so please. You are the Chairman. I act as your Treasurer. My partner actually acts as your Secretary, which I would ask that you change to me as your Secretary. Mr. Taylor acts as an Assistant Treasurer and an Assistant Secretary and Ms. Welks acts as an Assistant Secretary and Assistant Treasurer. You may keep that existing slate. We should add Mr. Watson and Henderson as Assistant Treasurers and Assistant Secretaries unless you decide to change the rest of the slate to some other individuals. Mr. Mr. 5Ir. Ms. Mr. sign? Taylor asked who signs on the accounts now'? Reinders said I sign. Ward said I sign. Welks said I sign. There are t~our of us. Taylor asked do we want Mr. Watson and *Ir. Henderson to be able to second after we take care of officers. Chairman, I guess, is one position. Mr. Reinders responded let us deal wSth the question of signatories, in just a Do we have a Vice Chairman? The 3 December 3, 1998 Mr. Ward stated we probably did have a Vice Chairman. I do not know who that was. Somebody should be a Vice Chairman, they would not then be an Assistant Secretary. Mr. Reinders asked is anyone interested in being Chairman of this group? Mr. Henderson responded I think Mr. Reinders did an outstanding job and i would sure support his continued role in that. Mr. Reinders stated I will take that as a nomination. Who would care to serve as Vice Chairman? Would one of you gentlemen be interested i~ t. hat position? Mr. Henderson, are you willing to serwe? Mr. Henderson responded I am willing to ser~'e. Mr. Reinders stated I will nominate Mr. Henderson as Vice Chair,,mn. Are there any other nominations for either of those two positions? I think f(,r thc purposes of the Treasurer, it is still good to have Mr. Ward serve as our Treasurer and Secretary going forward, and I would so nominate. Then fi~r the positi~ns of' Assistant Secretary and Assistant Treasurer, I would propose that we renew .',Is. Welks and >Ir. Taylor and add *Ir. Watson to each of those capacities as wall, ii' he is willing to do that. Mr. Watson said I am willing to do that. Mr. Henderson responded I will second that. Mr. Reinders stated those are our nominations. Do we have any other nominations? We have seconds to them. If no, we will close it. On MOTION by Mr. Reinders seconded by Mr. Henderson with all in favor Mr. Reinders was elected Chairman, Mr. Henderson was elected Vice Chairman, Mr. Ward was elected Treasurer and Secretary, and Ms. Welks, Mr. Taylor and Mr. Watson were elected Assistant Secretary and Assistant Treasurer. THIRD ORDER OF BUSENW, SS Approval of the ,Minutes of the August 20, 1998 l~Ieeting Mr. Reinders stated that all Supervisors had received a copy of the August 20, 1998 minutes and requested any additions, deletions or corrections. There not being any, IOn MOTION by Mr. Reinders seconded by Ms. Welks with'Il all in favor the minutes of the August 20. 1998 meetingll were approved. 4 December 3, 1998 FOURTH ORDER OF BUSEqF. SS: Ratification of Acknowledgment and Assignment of Management Agreement Mr. Ward stated Mr. Reinders was kind enough to sign on behalf of the District an Acknowledgment of the sale of our Company to a firm called Severn Trent Environmental Services. That deal closed at the end of October and our firm is now a part of Severn Trent Environmental Services. As a part o[' thc closing, each of our Districts has been requested to acknowledge thc sale of our firm to Severn Trent and there are Agreements in full force and effect. There have been no prepa?nents made to the District on behalf of thc District to our firm which I am representing to you has not been the case. Thc Agrcemcn~ is standard form and has been reviewed by your counsel. Itin(lica~es the items I discussed with you. If you have any questions, I will certainly I)c glad to them but I would ask for the Board's ratification of that Acknowledgment. Mr. Reinders asked is this the Letter Acknowledgmvnt cont~incd Section Four of our package? Mr. Ward responded yes sir. Mr. Rcindcrs asked you arc happy with the form ()f that and are you looking for ratification in effect of that Acknowledgment? Mr. Ward responded yes. Mr. Henderson asked I assume that nothing changes other than the fact that you have a new parent company and a new company name. Is that correct? Mr. Ward responded yes. On MOTION by Mr. Henderson and seconded by ,is. Il Welks the Acknowledgment and Assignmenu Management Agreement with Gary L. Mover, P.A. the purchase of the Company by Se~vern Trentl] Environmental Services was approved. FIFTH ORDER OF BUSLN'F_.SS Staff Reports A. Attorney Mr. Reinders asked Mr. Anderson do you have any staff reports? Mr. Anderson responded I have nothing. B. Manager Mr. Reinders asked Mr. Ward, do you have any staff reports? 5 December 3, 1998 Mr. Ward responded the only thing I had for you is that I provided t,) you copy of the Settlement Agreement and Release from Collic'r C,)unty. Chairman, would you like to discuss this? Mr. ~inders responded I ~11 touch on it. It has come t)efi,r,~ this f~,)ard few times in the past, and I think, arguably, it has been adequately addressed in the past, but just for the record, I will reportonit one more titne. As briefly as I can, and correct me if I make a mistake in any of it, Mr. Anderson, the I)~st~ict and the Developer entered into an A~eement with Collier County. Under the ~s of that Agreement, this District advanced $800,000 to the ('.ountv to otc. fray reimburse the County for its anticipated expenses in providing: wat.r s~.vict, t(, the island, and in effect, also brokering the sanitary servic, to th. Initially, it was anticipated the County would be running new lines (l()wn 41 ~t~rt 92 to the community. As an alternative, they actually did various (:htln~{,s enhancements to the system that wasin Goodland. They incurred lc~sc()sts ~'~?~.~d ~ ~ ~t. J~ ~s ~ ~'~s~ ,~,~'er ~)~ 1,'~ c,,,~'z'?~~ ,~" ~'..~' that the difference in that cost should be refunded to the I)is[ric[. W,, w~,~ through a series of negotiations, meetings and discussions, ;~nd [Sn~lI~' :~r.i~',,ct an agreement. The agreement provides that upon rati[Scation by t}~c, Commission, the County will pay over to the District the sum ors 134,001). are other salient pro~fisions of the A~eement, basically ratifying certain fi~cts and circumstances as they exist regarding the proGsion of water and sewer service, and the fact that the wa~r and that sewer comes from the County by virtue of Bulk Users Agreement with the local utility company, etc. We can get into it in much detail as you like. If you have any questions, I would certainly be h:~ppy address them. It is my considered opinion that this is as ~ood as we can hope do under the circumstances. The only other alternative is to argue for a higher figure which might put us into some prolonged negotiations and expense potential litigation. So it comes with my recommendation and it came with the recommendation of counsel that we engage for the purposes of negotiating the A~eement. Nowisthe time, I think, to finalizeit. I have at this moment signed the A~eement and asked Mr. Moycr as the then-Secretary of th~ l)istficC kC> it. It has been si~ed by the Developer just to waive any interest or claims might have had involved in that or as a party to the ohginal Agreement and it otherwise ready to schedule before the County Commission. So if you have questions, I ~fill be happy to respond to them. If not, I would appreciate a motion 6 December 3, 1998 to authorize or ratify my execution of the Agreement and forwarding the same for action by the County. Mr. Henderson asked how long has this negotiation been in process? Mr. geinders responded a couple of years. Mr. Henderson asked do we have a reasonable reason to believe that this is an acceptable deal to the County? Mr. Reinders responded it is certainly acceptable to the stair and it will have staffs recommendation. It may even find its way to the Consent Agenda in front of the Commission, for all I know. I think we can be pretty comfi)rtable that the County is going to agree and execute it. Then we will get our check. Mr. Henderson asked do you have any reason to believe then that we can any better by continuing to negotiate? Mr. Reinders responded no. Our understanding, based on inquiry, this sum does reflect the actual difference in cost, and therefbre I l}~ink is probably the most we can reasonably anticipate. Mr. Reinders stated do we need a motion to approve the proposed Settlement Agreement with the County. On MOTION by Mr. Taylor and seconded by Mr. Watson the Settlement Agreement and Release from Collier County was approved. Mr. Reinders stated if you will go ahead, Mr. Ward, you can actually sign it now as the Secretary. Mr. Ward stated I already have signed it. Mr. Reinders stated you will send it to Mr. Farquhar. Mr. Ward stated that has been done. Mr. Reinders stated Mr. Farquhar will include it with a cover lett.,r and send it on to the County and, hopefully, within a few weeks, we can close the book on this matter. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Reinders stated we agreed at our prior meeting basically, and in ter~ns of preparing our 1999 fiscal budget, this District would direct'iy assume responsibility for providing certain serMces to Key Marco, in particular as they would relate to landscape, irrigation and maintenance in the community and the II ..................... I ............ II .......... Il ................................................... ' .... - ..... December 3, 1998 pro~sion of security ser¥ices in the community. These are functions that were previously, or currently, are being provided by the Homeowner Association out there. There were a couple of reasons we thought were persuasive in that regard. We saw evidence that the Association had problems collecting its assessments from all of the home site owners out there such that if the condition continued for any length of time, those services would not be provided or the quality of services would seriously deteriorate. We as a Board have a duty to our bondholder to address these types of things and keep up the standards of the community, plus the desire to see the community in its best possible posture fi~r our constitucn~ out there. We felt we had a better or more likely means of collection because to thc extent these costs become part of the Operating Budget of the District, they would appear on the ad valorem real estate tax bills. To the extent that the people did pay them, at least to the extent that tax certificates were sold, thc dollars would still come in such that we could assure the stated provision of these services. The result of all of that was that we did adopt a budget that included projected costs for these services. That number then became part of thc tax })ill that most recently went out. There would be a roughly corresponding rv.(luction in the amount of assessment payable by individuals to the }tOA out there, ;~nd that was the premise upon which we were going forward. So that has all be,..'~ donv. Now we are scheduled to assume the responsibility for providing those services January 1, 1999. We had asked Mr. Taylor to go out and begin to gather up some bid.~ u) that effect. I was just summarizing the history of the change in our Operating and the intent to pick up certain services previously provided by the ItOA. The fact is we had asked Mr. Taylor to start to gather up some information potential bids to that effect. It is my understanding in the interim, and with the knowledge of this, the HOA has in fact engaged a Contractor on reasonably advantageous terms for the purposes of providing those services for the future, for the next year or so. .The questions before us are do we want to start from scratch? How do we want to review this? How do we want to begin to collect these things? Wc were inclined to simply find a good reliable independent third party who would bid up all of the requisite landscape maintenance functions. My first thought at least would be to see if we can assume the existing contract that the HOA has because we know it is acceptable to the folks out there. Is there a problem proceeding in that manner under the circumstances or do we need to look at it any other way? December 3, 1998 Mr. Ward responded my gut reaction is that we could not assume the contract because there are bidding requirements under thc statute for' a governmental agency. However, be that as it may, if the Developer could provide us with a copy of whatever the contract is that is in place, thc documents that were utilized to obtain the pdcing for that particular contract and thc Scrape Sem4ces that was used to bid that particular contract, Mr. Anderson and ~ could ~ke a look at them and see if there is some way to address that particul~,r issue. But generally speaking, you have m bid it. Mr. Reinders stated let us go ahead then and see about aetting that information transmitted from the Developer to Mr. Ward copied t~ Mr. Anderson, at least, so there is continuity of scm'ice out there even if we find we nc~d back and otherwise bid this thing. We can at least utilize this Contrac~r integra measure. We said we would assume these services on .January At this point in time, I do not know how else we can do it. Mr. Ward stated I think what we talked about at th~. l~,st t~u~lgct was that we would try to do it as of January 1st if in fi~ct we had money in lh~, }rank in order to do that. I can tell you at this point in time, there is no m{m{:~ i~ thc bank to do that. So unless something changes in less than thirty days. thr~ 1)istri~:t still would not be in a position as of,lanuarv 1st to ass~me :~ contract. I,i~rally, it does not have the funds to maintain that are:~. This is sort of like a work-in-progress anyway so if I can see the contriver :~r~rt sec thc values and what we are doing, I am sure we can figure out some solution to this iss~e. Mr. Reinders stated very good and I am happy to work with you directly under the circumstances until we get there. Mr. Taylor can transmit that information to the Chairman at his earliest convenience and then I will follow ~th you. Mr. Ward stated okay. The gentleman that just walked in is Mr. Adams who is xdth my stuff here in Naples and I will have you send it to him dir~,.ctlv reGew on my behalf quickly and get with Mr. Anders,n on it. Mr. Reinders stated yew good. Mr. Henderson asked when do we expect the f'unds from the hom,~ site owners who paid their taxes up front? Mr. Ward responded they generally come in the last part of I)ccembcr any pa~ of ,January. 9 December 3, 1998 Mr. Henderson asked assuming the sarne people who paid early last year do the same this year, do we have any feel at all as to how much we might be talking about? Mr. Ward responded I do not know how many people paid last year. Of the 134 lots, there were probably 40 who paid in the period, and 80 or 90 of them went to tax sale, if my memory, serves me correctly. In terms of total cash flow, that is what you are looking at. I assume most of them paid in the months of November and December so that cash flowed in during the months of early January and then late January. Mr. Reinders asked what was the amount of additional a.~scssmcnt that we had budgeted. Mr. Ward responded that it is $5,200 per lot. Mr. Reinders stated theoretically there is a $1(;0,000 cash fl,~w. reasonably anticipated during December, January and early F('.bruary. Mr. Ward stated that is correct. Mr. Reinders stated probably the range of expenses Ih,' maintenance and security are probably on the order of about $15,000 or so per month, as I understand the numbers currently, assuming some adjustments to security schedules and things of that nature. We should be in fairly good shape. Should we begin to think about setting a meeting for .January, or the latter part of January to the extent necessary? I suspect we will find a way t.r~ bump along through this for the next 30 or 40 days but at some point, we will have contracts to let or ratify or assume and other tnatters to address. Mr. Ward responded what I might suggest is if we can..get these documents, I would like to do it more in the early part of January than the latter part. Let us see how quickly what your conclusion is upon review. Mr. Reinders stated that is fine. Are there any other Super~'isor comments, discussions, requests or questions about anything? Mr. Henderson stated I have a comment. I think we all know thc HOA/District is going to be in a real tight financial bind until we hopefully get the tax certificates sold and get additional moneys in the coffer. Having said that, I think it is incumbent upon us to do everything we possibly can to minimize our exposure during this interim period until we know precisely where we are going to be, from a financial standpoint. As we get the security and maintenance contracts in place for that six months until we know what is happening to the tax certificate sale and we are on our feet, I would suggest that Mr. Watson, Mr. 10 December 3, 1998 Taylor and myself provide thc administrative supervision to those contracts in that interim period for two reasons: 1) to minimize our costs to the District and the HOA, the owners during that period of time and 2) it also provides good continuity because we have probably the pcrson who is most familiar with the requirements in Mr. Taylor and we have two people living out there firsthand, on the ground every day, in a position to assess how well thc Contractors arc performing. I would propose that might be a very viable way to get us through that interim period of time. Mr. Reinders stated I would certainly endorse theft thought, t~rankly, f,,' my part. We know, as you say, there arc inherent risks in our budg~.~m,-y situ;,tion all of this, notwithstanding that this District has tile intent to provide the services. To the extent wc do it in the most economical way possible, f()~' tile tin~,.' least, is clearly to everyone's interest. 'Fo the extent we end up with lcgitim~te reliable third-party Contractors for the two basic things th:~t we stuart to do at that point which is security and maintenance, hopefully, we will /jc.t it dow,~ ~,~ the Manager's function primarily would be to review m,),~thlv i,~voicc.~ process payments. You folks can take fa{fly hands-on direct rcsp(),~sihilitv make sure it is done, done on time, and done properly., and look at the biil, then forward it on in due course. I am all for that and hi, ye no p,-ohlcm with theft. I assume there is no problem with that. Do we have any audience comments? Mr. Levy responded I have a few questions for Mr. Wakd who called mc today and explained some of the facts about what is happeningbcrc. It is ~ little disturbing, first, that you mention the fact that there is an HOA run by Ii(rote. It is not actually turnedovcr to the homeowners. I undcrstand there was~, problem collecting the money and that causes some deterioration in tile property there. I see that the assessment that was added to our tax bill is ~, little bit more th~n wh~t we paid last year. In addition to that, we still have to pay some HOA fcc on top of that? Mr. Reinders responded yes. I do not know if you h:~vc sccn a proposed budget for the Association for 1999 at this point. I suspect some oftbatisin flux because it is my understanding there will, in all likelihood, be a turnover of control by the Developer to the property owners prior to the end of tile ye~r. This will then give thc actual property owners out there, separate m~d uPt~rt f~m l.hc Developer, the ability to review, budget and assess, in accordance with what thc likely costs going forward are. It is my understanding hat, and if anyone can correct me, please do so, the problems in collection of assessments nrc not a 11 December 3, 1998 function of a failure of the Developer to contribute on its lots. In other words, each lot has its equal pro-rata share of the total costs and the Developer lots are actually current as to the Association, whereas lots owned by other individuals have created the concern about collection and arrearages. In that sense at least, the problem has been less than it might have been had the Developer not been involved servicing its assessment burden out there. Part of our concern here was the fact that we believe we are going to imminently see the departure of the Developer and therefore it will become more questionable as to whether some of these former Developer lots would be currently contributing to the Associ;tlion. You are right in that the assessment that appears on the tax bill f,,r t, hes(~ new operating costs is in excess of the total assessment that was prcvi(;tlsly a function of the Association. I believe we are going to find that ~ur actual operating costs going forward to thc District for these services will less, or we hope will be significantly less than the amount budgeted and ;~ssessed. In that case, there would be adjustments, either at year-end or by way of reduction by next year's assessment to the extent that we had carry-over. Mr. Ward stated as an adjustment to next year's assessment, but as I told the Board during the budget hearing, you still have the same problem nv. xt year that you have this year. That is, you need to reserve a specific amount of cash. The amount left over at the end of the da5' means }'our operating requirements moving into the next fiscal year. The likelihood of that is probably low fi>r Fiscal Year 1999-2000. Mr. Reinders stated it is, I believe, the hope of this Board of Supervisors t. hat over time and taken as a whole, the two elements will tend to balance out much where they have been. That may result in somewhat different levels or extent of services pro~fded. To the extent we think of further discussion or review that we can trim costs or cut down to some extent security or something of that nature, certainly our goal and good faith efforts will be directed towards trying maintain, as close as possible, similar costs. Mr. Levy stated one thing I could not understand is why there w:ts some kind of assessment last year from the C.D.D., and then the assessment ]from the Association. What was the work done by you and by the Developer? Mr. Reinders responded I believe last year the District assessed for operating costs appro.,dmately $600 or ,$700 per lot. Mr. Levy stated that is right. December 3, 1998 Mr. Reinders stated that is to provide insurance for this l~oard of Supervisors, the contract costs of our Professional Manager, cosLs of engineering and legal to the extent that we incur them, various types of reports we have to file on an annualized basis, the relatively minimal compensation that is actually paid to the Supervisors, which I think is $200 per meeting to a maximum of $1,2¢)0 per annum. Mr. Ward stated $4,800 per annum. Mr. Reinders stated year in and year out, it costs this District about $70,0()0 to $75,000 to meet those various types of ordinary, operating costs ()l'tim I)istrict. Mr. Levy stated but there were no maintenance costs. Mr. Reinders stated no, the maintenance and security was through the HOA. The Distr4ct simply collected assessments, forwarded ~}~em ()n t(~ the bondholder, did its reporting, conducted its business on its ,)pt, rating the bulk of the dollars being the special assessment to retire t.h~? b~)nd. N~w w~ have taken the position that the primary functions. ~r n~;~:~v primary functions of the Association will now be done. by th~~ Association will collect less and the District will collect more. t[opefully. ~',' will keep those totals relatively dose. Mr. Levy asked what will the Association be doing from now Mr. Reinders responded the Association has to collect whatev~.r the assessments there are from its members; it has to insure the amenities; it h;~s to maintain the amenities out there, such as the dock master and the dot:ks, and provide certain electrical costs that may be related to that or they may h;,vc been part of what we picked up, street lighting, and so forth. Mr. Ward stated we picked up street lights. Mr. Reinders stated their own insurance, for example, and the clock master facility, they keep a set of books as well, or will in the future, and things of that nature., but relatively less significant types of endeavors on the part of the Association. Again, I have not seen nor would it be my fu~cti()n sitting h,,re t~) look at what 1999's assessments would be. If in the past, they were $,1,.1()0 or $,1,~;00 per lot, I would assume they would radically decline, perhaps to S1,200, Sl.000 S1,500. Again, [ am only speculating without the facts. We woul(i sc~ a very significant reduction of those. Mr. Levy stated yes, but we did not see any sigmificant reduction in thc other part on your end, since you are charging more than what the Association charged us last year, and we still have to pay for the Association on top of that. December 3, 1998 /i_ Mr. Reinders stated part of that again is an effort to: A) be conser~'ative in our budgeting until we can actually contract out these serwices, and B) to create some reserves because there is a hiatus in the collection process conceivably but we get funded once a year, in essence. Hopefully, we have been conservative on the C.D.D. side. Hopefully, there will be excess funds at the end of that year, this operating year. As we get a better handle on it and create a little bit of reset'es, again, the total costs involved will tend to come back I would think fairly closely to last year's levels. Mr. Levy asked is there any Association fund that will be t,'a,~sf~,r,'t,,i t,, the C.D.D.? Mr. Reinders responded whatever exists in the Association. The Association is a separate entity. It is a non-profit entity, i~s mvmbcrs ay,. site owners including the Developer at the moment and will continu~, as that entity. Its job isin part to enforce the declaration, the covenants and rcs~'ictions and things of that: ature. Whatever it has in the way of reccivablcs or payable or past uncollected assessments or capital contributi~ns or cquip~'~cnt, is in essence still the asset or liability of the Association. It i5 my un(lersI',~ndin~ that the Association and/or the Developer have some equipment that will available in one form or nnother to the District to help minimize the costs of the maintenance that the District will provide in the future. I do not think it is particularly significant one way or the other. Mr. Levy stated you did mention something in the meeting about :t refund for the sewer and water? Mr. Reinders stated the Agreement that we ratified earlier provides for payment to the District of the sum of $13.1,000 in round numbers. The I)istrict has incurred certain costs in pursuing that reimbursement over the last couple of years, in essence, legal costs in our dealings with the County. I think we are probably on safe ground, at a minimum, reimbursing ourselves for those legal costs we incurred in an effort to collect these dollars. There is an issue which, for the moment at least, is unaddressed as to whether those funds have to be paid over to the bondholder to reduce pro-rata to everybody's lien out there assessment, or whether we can take them into other applications. Mr. Levy stated now I pay the bond. Would I get a refund in that case? Mr. Ward responded no. You would not get a refund. You would just get a pro rata reduction in the amount of the principal assessment due on your lot. Mr. Levy stated I paid it completely. 14 December 3, 1998 Mr. Ward stated then you would not get a refund. It goes to the balance of the bondholders. Mr. Reinders stated just by nature of thc way the bonds are set up. Mr. Levy stated then it was not a benefit for me to pay that. Mr. Reinders stated in that sense it was not. Whatever other considerations may have existed, I do not know obviously. I mean that bond is carDSng an interest rate of8.759;'. Maybe it is better to pay it off rathvr th;~nincur that rate of interest or not. I do not know. But specifically it would app,,ar that you will not benefit in your specific case if those funds go to reduce the tot;~i. Mr. Ward stared which is the likely answer to that question. Mr. Henderson asked how will that be resolved, Mr. Ward? Mr. Ward responded it is relatively simple. Iris just a readingofII~'Tr~st Indenture and an Opinion from both myself and Mr. Anderson's ollice ;~ I~ tim disposition of the funds. My initial reading of it is it will ~,~ }~:~ck i~, accounts for the redemption of bonds. Mr. Reinders stated I think the intent was to see' Al I)id we coll,,ct the money, and assuming we do then collect the money to B~ (.ici a dvl~,rmir~;~ti,n what we must do with it or cannot do with it. Given a choice. I would rather see it in the Operating Budget but that may not be a choice we Mr. Ward smmd the most consem'ative approach in a District like this dojustthe opposite. Just putitinto the bond accounts because of the experienced with the non-payment of certain lots on those debt service assessments. To put it into your debt set,See accounts provides you thy rarest consem'ative approach to it. It is still something we need to look at fl)r you. Mr. Levy asked I understand there are people fi'om Ronto on thc lloard here? Mr. Reinders responded both Ms. Welks and Mr. Taylor arc associaU,d with Ronto. These gentlemen, like yourself, are independent property owners in thc community. I guess I have a little bit of both in that I used to work fbr Ronto Companies and at the same time have owned a number of lots out there directly or ~5th others. My phmary inmrest is to my lot holdings out there, frankly. Mr. Levy asked is it proper to ask the question to the Ronto people Mr. Ward responded probably the most appropriate place, if they are Developer-related questions, is to ask them outside of the context of this Board meeting. December 3, 1998 Mr. Reinders stated I will assume you can find a few minutes for this gentleman after the meeting, if that is appropriate. SEVENTH ORDER OF BUSINESS Adjourn ment Mr, Reinders asked does anyone else have anything to talk about before this Board today? If not, I would entertain a motion to adjourn. liOnMOTION by Mr. Taylor seconded by Mr. Henderson1'' with all in favor the meeting,was adiourned at 1:45 P.M. ]1 J23~nes P. Ward .Secret. aW J a~'~es l{eindc r:~'"' Chairman Naples DaiLy Hews Naples, FL 34102 Affidavit of Publication NapLes DaiLy News KEY MARCO COMMUNITY DONNA HOLIDAY 10300 I~ 11TM MANOR CORAL SPRINGS FL 33071 EEFERENCE: 026506 5T785122 NOTICE CF HEETiNG KE State of Florida ~ty of Collier Before the u~dersigned authority, personally appeared Angela Eryant, ~ho on oat~ says that she serves as Assistant Secretary of the Naoles Dally News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising ~as published in sa~d newspaper on dates Listed. Affiant further says that the said Naples Oaily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore ~een 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 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: 11/25 . AD SPACE: 54.000 INCH FILED ON: 11/25/98 S.orn to and Subscrib~ b.f~ me this ~Sday of ~ y 19~ ~ HOTICE OF ~EE T:~O KEY MAI~.CO COMMUNITY DEV~ELOPM~ J'~T ~ISTP, ICT The regulcr met'~t~g of ~e Kev /.~CO Co~- th~ ~Cordln~ly~ ~e peK- ~d. Nov. ~ NO, Thursday December 3, 1998 1:00 P.M. 1. R011 Call AGENDA KEY MARCO CONE~UJNITY DEVELOPMENT DISTRICT Key Marco Developments 3185 Horseshoe Drive South Naples, Florida Organizational Matters A. Oath of Office for Newly Elected Supervisors B. Consideration of Resolution 99-1 Canvassing and Certi~'ing I. he Results of the Landowners Election C. Election of Officers Approval of the Minutes of the August 20, 1998 Meeting Ratification of Acknowledgment and Assignment of Mana,~ement Agreement Staff Reports A. Attorney B. En~neer C. Manager Supervisor's Requests and Audience Comments Adjournment NOTE TO Al J, MEETLNG A~'DEES: Please identify yourseff.each time you speak to facilitate trnrL~Tiption of meeting minutes. Tbnnk you for your assistance. Oath of 0rice I, Donald W. Henderson, a resident of the State of Florida and citizen of the United States of America, and being a Super¥isor of the Key Marco Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and w411 faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Kev .Marc~ Community I)evelopment District, Collier County, Florida. Donald W. Henderson Oath of Office I, Mark Taylor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Key Marco Community Development District and a recipient of public funds on behalf of thc District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and imp;~rtiallv discharge the duties devolving upon me in the office of Super~'i,~or of t, he Kev' Marc() Community Development District, Collier County, I;lorida. Date Oath of Office I, Amos Watson, a resident of the State of b'lorida and citizen of ~he UniLed States of America, and being a Supervisor of the Key Marco (2ommunity Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and 4411 faithfully, honestly and impartially discharge the duties devolving upon me in the office of Super~dsor of the Key Marco Community Development District, Collier County, Florida. Amos Watson l),q.te RESOLUTION 99-1 A RESOLUTION CANVASSING AND CERTIFYLNG THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida St:~tute, a land(~wner's meeting is required to be held within 90 days of the District's creation and ev,~,-v two years following the creation ora Community Development I)istnct electing three Supem'isors to a Board of five Supe~'isors of the Ihstnc[: and X~EREAS. following proper publication of notice thereof, such land,whets meeting was held November 3, 1998 at which the below recited person~ wcr,, duly elected by ~firtue of the votes cast in their respective favor; and WHEREAS. the landowners bv means of this Resolution desires t() canv:,s thc votes and declare and ceftin' the results of said election; NOW, TIIEREFORE, BE IT RESOLVED BY TIlE LANDOWNERS AND BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNrIW DEVELOPMENT DISTRICT; 1. The fi)llowing persons are found, certified, and declared to have been duly elected as Superx'isors ofand for the District. having been elected by the vt, res c~,st in their favor as shown, to wit: Amos Watson 71 x, o..es Donald W. Henderson 71 Votes Mark Taylor 65 Vol e.~ 2. In accordance with said statute, and by virtue of the number of votes cast fi)r the respective Super~'isors, they are declared to have been elected for the following terms ofoMce: Amos Watson Donald W. Henderson Mark Taylor four (4) year term tbur (4) year term two (2) year term 3. Said terms o[' office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS, 3RD DAY OF DECEMBER, 1998. (._Jaff[es Rein ~'i~s ~hairman~ Ja,~es P. Ward S~cretary MOYER & ASSOCIATES REPLY TO: L/2IO N. Un,vcrr. iry Drive Suite 343l Coral Spring.s. FL 33071 October 28, 1998 Phone: (954) 753-5841 Fa×: (954) 3'15.1292 19303 N W l llb $1~nc:r Cor:,l Sprin~. Fl. 33071 Phone. (gM) 755-03~ F:~x- (954) 755-6701 Key Marco Community Development District Subject: Purchase of Gary L. Moyer, P.A. by Severn Trent Dear Board of Supervisors: There is currently a professional services/management contract (the "Agreement") between Gar)' L. Moyer, P.A. CMoyer'') and Key Marco Community Development District ctated July 15. 1992 for management se~'ices. Moyer is now engaged in the process of selling all of its assets to Severn Trent Environmental Services, Inc. ("ST"). As part of ~e requirements of the Contract of Sale, ST has requested that Moyer obtain from you (a) confirmation of certain facts concerning thc Agreement on which facts ST will rely in purchasing the assets of Moyer; and Co) your consent to thc assignment of the Agreement from Moyer to ST. Accordingly, by signing below you are hereby confirming thc following facts and acknowledging your consent to the assignment of thc Agreement. I. A. The Agreement is in full force and effect ana there arc r,o offsets, counterclaims or defaults existing under the Agreement against Moyer. 2. The Agreement will not be terminated with prior not,ce as required in the Agreement as a result of the sale of the assets of Moyer to ST, and consent is hereby .given to the assignment of the Agreement by Moyer to ST. 3. There have been no prepayments made to Moyer under the Agreement, and except for those funds due under the Agreement for the month of October, 1998, there are no monies owed to Moyer for services rendered under the Agreement. 4. ST shall ensure the continued services of Gary L. Moycr and James P. Ward to perform all of the terms and conditions of the Agreement to be performed by ST. KEY MARCO COMMUNITY DEVELOPMENT DISTRICT tr/ortttnR tog¢,tber to serc~, our comrnunttles MEMORANDUM Misc, Correspondence Agenda Date Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department April 5, 1999 Miscellaneous Correspondence - BCC Agenda Please place the following ~tems on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Porl of the Islands Community Improvement District has submitted the following: (a) Notice of meeting to be held April 15, 1999 Thank you Notice Of Meeting Port of the Islands Community Improvement District The Board of Supervisors of the Port of the Isl',tnds Community Improvement District will hold their regular meeting at .t:00 P.M., Thursrtay, April 15, 1999 in the RV Recreation Hall, 12.125 Union Road, Naples, Fh)ri~ta. The meeting is open to the public and will be conducted in accordance with the provisions of Florida I,aw for Community Development Districts. There may be occasions when one or more SUl)ervis()rs will ;)articil~;tte by teleI)hone. At t}{e above location there will be present it any interested person can attend the meeting at the informed of the discussions taking place either in communication. Any person requiring special accommodations at this disability or physical impairment should contact thc l)istrict t)flScc :~t 0380 at feast five calendar (lays prior to the meeting. Each [)erson who decides to al)peal any (lecisi(m the Board with respect to any matter ctm~i~tere~{ meeting is advised that person will need a reo~r,t ~}f tht~ proceedings and that accordingly, the person may neetl to ensure that a verbatim record of the [~r~cc, e~lings made, including the testimony and evidence Ul)(m which such appeal is to he based Gar3' L. .Manager Sot, tl~ l)ist'ric! THE BIG CYPRESS BASIN BOARI) OF TII. E SOUTlt FLORIDA WATER MANAGEMENT*DISTR. ICT MEETING AGENDA. ..... 9:00 A.M. Thursday, April I, 1999 Mary Ellen llawkins iluildin~ 6089 Janes Irene, Naples, Horida Meeting Lv Open to the l'ublic. I/I';GIil..\R iII;SINESS MEETIN(; C'AIA. TO OI{I)ER A. B. C. D. AGENI)A REVIEW A B. C. Additions. Deletions, Substitutions to Agenda Approval of Agenda Abstentions Invocation Hedge of,Allegiance to the Flag of the United States of Arnerica Presentation 15-Year Service Award - Joyce Amaral, Business Operations Analyst Approval of.'Minutes of Big Cypress Basin Board Mecting oF }:throaty ,I. 1';99 ;'k')r r t S '.' ,UF"*d --.-- ~--_ NEW !t. !,tS!NESS I. Election of Officers Consideration of' Big C>T, ress Basin Cooperative Water Rcs<)t,rcc l'nvccls Funding I't{,gram Proposals Consideration of Appraisal fbr l.akc Traflbrd l.and Acquisition ..... ... Co: res: Consideration to Authorize Transfer ot' Funds for Aerial Mappinu (Contrac! No ('-10750) '- u,,~c. .. _ ~ 77("..,. , I. ;..~ r ' Agenda April I. 1999 Page 2 3 5. FY 2000 Budget Workshop OTIIER BUSINESS 6. Big Cypress Basin Board Proposed Meeting Schedule 7. Staff Reports B. C. D. E. Disbursements Contract Accotmt Report Financial Repons I tydrologic Report Staff Acti,Aty Report PUBLIC COMMENT Anvone wi.¥hitl,g to di.q'cuss nlattetx of interest which ttrc not on the tl,krt'llthl .X']ltHl/d com[*lt'tt' a .sl~t'aker card and xltbtnit it lo the Big ()I)res.~' Ba.Wn ]qe[~rexentalivc [~rtor Ir~ the 3'/rlr/(~]hthlic ('omment. ,4m' materkd fi)r Brxtrd COl137dt'/'tllitltl /HIt.Y1 bt' .vuhm/llcd Io Ilw Big (.)prexv Bm'm ,'ltbmnistrali°n'O~ce at h'm'l 48 hours in advance ((.vche~bded tm't'ling'. BOARD COM M ENT ADJOURNMENT The ne_rt Big Cypress Basin Board meeting is scheduled for Thursday, May 27, 1999 at the Big Cypress Basin, Mat3' Ellen llawkins Buihling, 6089 Janes Lane, Naples, Florida. Please note that if a person decides to appeal any decision made by the Board with respect to an.,,' matter considered at the above cited meeting or heating, it vail be necessary to provide a record of the proceedings, and for such purpose, will need to ensure that a verbatim record of the proceedings is made by a certified court reporter. Persons with disabilities who need assistance may contact loycc Amaral, (941) 597-1505, at least forty-eight (48) hours before the meeting to make appropriate arrangements. If you are hearing or speech impaired, please contact the Big Cypress Basin by calling (561) 697-2574. Those persons who desire more information, or those wishing to submit written or physical evidence may contact Joyce Amaral, Big Cypress Basin. 6089 Janes Lane, Naples, }:lorida 34109, (941) 597-1505. 2. 3. 4. 5. 6. 6. 7. 8. 9. Meeting called to order Roll Call Approval of Minutes - Meeting of March 3, 1999 Landscape Architect's Report Transportation Services Report Planning Department Report Committee Members' Reports Old Business New Busingss Adjournment Next Meeting-4:15 p.m., Mny 5, East Nnples Oommuni¢ P~rk SUMMARY OF RECOMMENDATIONS AND MOTIONS o Minutes of the February 3:d meebng: Page 2, 6A-delete the word "the" and insert the words "it ,;" ',/,11. Tom Briscoe moved to accept the minutes as amended: seconded by Donna Fiala and carried unanimously. o 1 Chairman B~ll Neal called the meehng to order at 4:20 .D m a[ the East Naples Community Park. Attendance: Bill Neal, Thomas Briscoe. Donna Fiala, and Michael Bruet. members Dan DeCesare. Collier County Transportation Services. Stan Uts~nger Collie,' County Planning Department: George Botner and Darcy Thoro, Bother Design; Jacqueline Silano, recording secretary Public i Minutes of the February 3~d meeting: Page 2, 6A- delete the word "the" and insert the words "it will" Tom Briscoe moved to accept the m~nutes as amended: seconded by Donna Fiala and carried unanimously. 4 PLANNING DEPARTMENT REPORT Stan L~,s~ng~r advised that the Aord I ~: date for budgetsu~,,~,~s;on'"'~',-: ~s a gfr, rt,'~ra¢.~ reference in t. he ordinance but sometimes this can vary He noted that the '.jrnr~t and loan funds should be included. Next year's budget will also include thc; currently accumulation of one-half million dollars. Bill Neal noted that no maintenance funds should be included right now as the county' has set" as~,'.':,-.. funds from the general fund for this provision and the ex~st~ng level of maintenance ,,'.,ill continue. An additional S50.000 (fund ':03] ',','as set asK,~e previously for jack and bore work. Stan believes that since there was a shortfall these funds were applied toward the Landers Atkins contract cf SI00.000 Ar~ additional S50.000 was from Comprehensive Planning. Dan will clanfy th~s ,,,¢~th Russ and Sheila. A meeting on March 30th for the Bayshore N1STU taxing cistrict only was arranged through Debra Preston's office. After further d~scuss~on, the date ','.,as changed to April 7th at 6:00 p.m. for the committee members followed by the pub!ic meeting The meeting ',.',,ill be adverIJsed and the taxpayers of the d~stnct will be sent a mailed notice Bill Neal referenced the ordtnance stating ~, ,:,, the ~u'cose ',',,as to make improvements such as cunng, irrigation, plant~ng. ,,a,:~,., calm~nc] streetlights and sidewalks. 5. LANDSCAPE ARCHITECT'S REPORT George Botner distributed copies of an outline of h~s serwces, which ~dcluded an overview, scope of services, project schedule and fees A copy of the County's work order ',','as also attached He has also been contracted by the Count,/to prowde new base map drawings A lengthy ciscuss~on ensued Bo Mr. Bother advised that an independent design at the corner of U.S. 41 and Bayshore would be submitted to the State of Florida in conjunction with the grant application. Stan noted that the funding for this would be presented to the Board of County Commissioners. Mike Bruet stressed to Mr. Bother the need for the committee to have the final say on the design before going out for bid and that the Committee makes the final recommendation to the Board of County Commissions through the Transportation Department as per the ordinance. Transportation will work out the details concerning compliance. The members concurred George Botner advised that the FDOT accepts a mountable curb as an appropriate barrier. 6. NEW BUSINESS A. Copies of noted from the February 18TM Bayshore/Gateway meeting ',,',,ere distributed and discussed briefly. B. Dan DeCesare noted that the current vacancy would be advertised shortly C. Bill Neal thanked Mike Brue[ for responding to Wilson Miller D. Mr. Neal referred to a letter to the editor in a recent edition of Naples Daily News regarding re-naming roads, specifically saying "look what happened when they tried it with Kelly Road." Mike Bruet suggested writing to the paper to give the area a positive spin. Ms. Fiala will send the letter on behalf of the committee 7. PUBLIC COMMENTS A, The question of when the Haldeman Creek would be dredged ',vas asked S:nce this would be outside the scope of this committee, Mr Briscce adwsed tha~ he has met with Commissioner Mac'Kie and has requested thai this proieot be spht between three taxing districts: the east side of Bayshore, the creek itself, and another for Golf Shores. He will meet with her again on March 17" to follow up Start suggested that she contact Harry Huber of the Public Works Department'. B. Mike Bruet advised that the old Sabal Bay project is now named Hamilton Marina and it will have 36 we/slips. C. There ',vas some discussion regarding the right of way at the Publix shoppmc: center and four-laneing vs. two-laneing Bayshore Drive. " As there was no further business to discuss, the meeting ,,vas adjourned at 6 15 p m The next meeting will be held at 6:00 p.m. on April 7, 1999 at the East Naples Community Park. 735 8TH STREET SOUTH, NAPLES, FL 34102 Tel. 941. 434. 4655; Suncom 974.4655,. FAX No. 941. 434. 4620; email naplesnrmgnaplesnet.com NOTICE OF PUBLIC MEETING The Beach '~ '~' '~ t/Main m_,o~.lsn .... n tenance Commi~*o~ ~ ' to ' m._tlng which all Interested persons DATE: 7hurs~:~v--~ ,~^' Apr~l 1999 TIME: 9:0'3 ' " PLACE: City Council Chambers, E!orida 34''2 735 Ei AGENDA Constaot ine 1. Roll Call. Berry 2. items to be added. 3. Consideration of approval of the minutes cf and 04 Eebruary 1999 committee meetings. 4. Prcject updates: · incremental beach management contract status; · Rock removal project. 5 Presentation of.~atest monitoring .~Lo~'-, ..- ~,~. ~ n~ueaw,:y Beach T-groin installation (Humiston & Moore Engzneers~ . 6. Discussion of the Regional Beach Management Convocatior~ draft Memorandum of Agreement. 7. Discussion of strategy for promoting continuation of the Tourist Tax third cent for beach and inlet management. 8. Open public input. 9. Adjourn. FOP.MAL ACTiZN ,",'.~¥ DEC:SIC;~ M~ZE BY THi£ Z:!..'M.'TTEE WiTH ',--23~E3T T' ;C:Y MATT,::P ~,':N?::~:F.: PROCEEDINGS ;d;D MA.F EVIDENCE UPON WHICH THE A. PPLAL :$ TO F~E SERVICES ?g~ :~:$ .ME£Ti::G .'-'J~¥ ~ALL T~E CiTY C:.£?Y'3 :FFi?E AT -'':-4~:: BEFORE THE ME£TING :ATE. t%:isc. Coues: Beach Com~,lttee AgenJa ~age 1 Copies lo: February 25, FIRED 1999 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD OF COLLIER COUNTY Naples, Florida, February 25, 1999 LET IT BE REMEMBERED, that the North Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members 'present: CHAIRMAN: Clifford Flegal Peter Lehmann Roberta Dusek Dyrel Delaney Fred Mueller Mireya Louviere ABSENT: George Ponte ALSO PRESENT: Ken Cuyler, Attorney, Code Enforcement Board Michelle Arnold, Code Enforcement Director Maria Cruz, Enforcement Official C&rter Ccmstanttne Mac'Kle Berry l,",i~,. Co; res: Date: NATURAI~ RESOURCES MANAGEAIENT 735 8TH STREET SOUTH, NAPLES, FL 341'~'2 Tel. 941. 434.4655; Suncom 974.4655,. FAX No. 941. 434. 4620; email naplesnrmgnaplesnet, com NOTICE OF PUBLIC MEETING The Beach meeting Renou~shment/Maintenanc~ Com~mit.=~ to which all interested persons are invited. DATE: Thursday 0! April 1999 TIME: 9:00 A.F,. PLACE: ~v Court ~ ~ c.. Chambers, 735 Eiaht~ Street ~outh, ~az'ies Florida 34'02 ~ ;4o~r ~ s Carter ~/~ AGE~A Constant tne '/ ~ac 'K te -~ 1. Roll Call. ~erry _.. l 2. Items to be added. 3. Consideration of approval of the minutes of the C7 '~nua. and 04 February 1999 co~ittee meetings. 4. Project updates: · Incremental beach management contract statu3; · Rock removal project. 5. Presentation of latest monitoring repot[ for the }iiJeawa'/ Beach T-groin inslalla[ion (Humiston a Moore Engineers). 6. Discussion of the Regional Beach Management Convocation draft Eemorandum of Agreement. 7. ~iscussion of strategy for promoting continuation of %he Tourist Tax third cent for beach and inle~ managemen%' 8. Open public input. 9. Adjourn. FOPF.~'-- ACTION ~_%y ~E T.~4E:: Oil AS;Y iTEM DiSCU235L .%? ADiED T~ T~-C DECiSiON ~LE ..... ~ .... ' .... ANY ~F~?,?~; wH'j [E'Ji~3 73 AF;L:..L ~Y ,~,o ~J~<.,,EE WiTH F. ELFECT TO AY:'f ~TTER CONSi;ERED Al THiS MEETiN% WiLL :;ESi A ~ETSFD PROCEEDINGS ~;D F~,Y NEED TO ENSURE THAT A VErBATiM ~ECORD IS FA[~, WHICH PECC~3 ;NTL';'.E3 i'~{E T~.tT;~{gNy ;..:ri, EVIDENCE UPON WHIC~ THE APPEL IS TO ~E H~D. ~';Y PERSON WiTH A DiS~iLiTY ~EQUi~IN5 AT;'iiLiA~y SERVICES FO~ T~:S MEETING NAy CALL THE CITY CLERK'S OFFICE ;.,T 434-4~I ~iTH PESUEST3 AT l;ac~ Tx9 ~"JINE::3 LAYS BEFOR~ THE MEETING LATE. · .... tV, be, Cortes: Beach Committee Agenda Page i Coo,os For additional information, please contact 4655. Jon Staiger at 434- ion~. Staiger, P.h.D.~ Natural Resources JCS\Wt~rda=a\Beach Comm~ttee\.Agenda 01 IV 99.doc Manager Beach Committee Agenda February 25, 1999 TR~I~SCRIPT OF THE MEETING OF 2'HE CODE ENFORCEMENT BOARD OF COLLIER COUNTY Naples, Florida, February 25, 1999 LET IT BE REMEMBERED, that the North Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMJ~: ABSENT: Clifford Flegal Peter Lehmann Roberta Dusek Dyrel Delaney Fred Mueller Mireya Louviere George Ponte ALSO PRESENT: Ken Cuyler, Attorney, Code Enforcement Board Michelle Arnold, Code Enforcement Director Maria Cruz, Enforcement Official C~rter /~ Co~stmnttna ~ac 'K ~e I Page 1 .CODE ENFORCEMENT BOARD OF COLI tiER COLINTY, FLORIDA Date: February 25, 1~99 at 8:30 A.M, Location; Collier County Govcrnmcnt Ccntcr, Administration Building, Commissioner's Bo.~rd RoDin NOTE: ANY PERSON WHO DECIDES TO APPEAl. A DECISION OF THIS BOARD WILL NEED A R.ECORD OF THE PROCEEDINGS PERTAINING THERETO, AND Tl lEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE" BAa, ED. NEITHER COLLIER. COUNTY NOR TtlE CODE ENFORCEMENT BOARD SHALL RE RESPONSIBLE FOR PROVIDING THIS RECOR.D. APPROVAL OF AGENIO~ APPROVAl,, OF MINUTES Sanuary 28, 1999 PtJBLIC HEARINGS A. BCC vs. Edward G. Martin and Dean C. Lcstcr, KTBG Corporation B. BCC vs. Virginia Ncsmith _OI.D BUSINESS A. Board Meeting Dates ~EPORTS NF. XT M F. FmNO .ADJOURN March 2:~, 1999 at Febr~arv 25, 1999 CHAiRMJU~ FLEGAL: Good morning. Is everybody ready te p:oc,~ed? I call the Code Enforcement Board of Collier Count}' to order, please. Please make note, any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. May we have the roll call, please, starting on mi' left. MS. DUSEK: Roberta Dusek. MR. MUELLER: Fred Mueller. CHAIRMAN FLEGAL: Cliff Flegal. MR. LEHMA2~: Peter Lehmann. MR. DELA2;EY: Dyrel Delaney. CHAiRMJd~ FLEGAL: Are there any changes or additions to ti~e agenda? MS. ARNOLD: We had an excused absence, and that was Mr. Polite. And there are no changes to the agenda. CHAIRMAN FLEGAL: Thank you. I'd entertain a motion te approve the agenda. MR. MUELLER: I make such a motion to approve the agenda. MS. DUSEK: I second it. CHAIRMAN FLEGAL: We have a motion and a second on the agenda. All those in favor, say aye. (Unanimous vote of ayes.) CHAIRMAN FLEGAL: The minutes of our last meeting, January 28th. Are there any changes or additions? I found none. Anyone else? I would entertain a motion to accept the motion as presented. MS. DUSEK: I make a motion that we accept the minutes as presented. MR. MUELLER: I second that motion. CHAIRNLAN FLEGAL: We have a motion and a second to accept the minutes of the January 28th meeting as submitted. All those in favor, signify by saying aye. (Unanimous vote of ayes.) CHAIRMAN FLEGAL: Public hearings. Ms. Arnold. MS. ARNOLD: Yes. The first item that you have be[ore yo~, 98- 020, was an item that you previously heard. MR. DELANEY: Can you speak up a little bit? MS. ARNOLD: Okay. This item you previously heard at December 14th meeting. At that time, Mr. Martin, one of the two respondents, was represented by Attorney Korn and McFail. Mr. Martin wasn't present at that time, but the other respondent, Mr. Lester, was not present. Paqe 2 We've sent notices to this meeting to both respondents. Lester was sent a certified letter, and we received no green car~t back for that notice. He is not present today, rqr. Martin is present and his attorneys are present, but there's no one here speak for Mr. Lester. Just to let you know that. C}{AI~ FLEGAL: Is that a problem for us? MR. CUYLER: Well, if we haven't given notice -- if we"haven'L gotten either the green card back or posted under some alternative method, then we're not going to be able to proceed with regard to Mr. Lester. CHAIRMAN FLEGAL: Did we do the posting as -- MS. ARC, OLD: No, we didn't. CHAIRSUtN FLEGAL: Okay. MS. ~kRNOLD: But we can proceed with regard to Mr. Martin. MR. CUYLER: You can, if you can -- I assume we can split. cases and presentations and -- MS. ~P~NOLD: We have this as one particular case, but we did provide notice, or send certified mail notice, and we have two separate recommendations for the two different property owners. What we can do is hear the case under Mr. ~artin. I'll give you a summary of what the violation is, and then make a recommendation. CHAIRMu~2~ FLEGAL: Do I remember correctly that one of the problems was that one person owns the land and the other person owns the building? was that not the problem? MS. ARNOLD: Yeah, that's the claim that the -- Mr. Leste] owns the building. He was actually the one that constructed the building. But he constructed it on property that did not belong to him. And there is another problem with the location of the building. It sits partly on Mr. Lester's property. CHAIRMAN FLEGAL: Right. MS. AR~IOLD: The majority of it is on Mr. Martin's property. CHAIRMJtN FLEGAL: But to proceed, since we're dealing with a piece of property that belongs to one person and a building that belongs to somebody else, I find it difficult to separate the two. MR. CUYLER: I think another problem is wasn't the attorney for Mr. Martin claiming that Mr. Lester claimed the building as a result of his lawsuit? That the pleadings of the lawsuit between them had Mr. Lester claiming the building? And that if he was ordered to remove the building, his allegation, an!zway, was that he's in the middle of a lawsuit -- MS. ARNOLD: MR. CUYLER: MS. ARNOLD: MR. CUYLER: MS. ARNOLD: Right. -- where the othe~ party's Right. -- claiming the building. Yes. Page 3 February 25, 1999 CHAIR[ZJtN FLEGAL: I don't legitimately see how we can split this. I mean -- MR. CUYLER: Do you have any comments, Mr. Korn? MR. KORN: Mr. Korn, for Mr. Martin. Whatever the board feels is possible, we'll adhere to. We're here to present the case. We're ready, if you want. But a lot of the case will probably depend upon the -- MR. DELANEY: Could you speak up a little? MR. KORN: Sorry. A lot of the case will depend upon the recommendations of Ms. Arnold as to what should be done with regard to Mr. Lester versus Mr. Martin. As you recall, last time we here we talked about a survey, getting another survey. We were able to not get a new survey but find a third survey, which confirmed Mr. Martin's original survey done by Agnoli-Barber. CHAIRMAN FLEGAL: Okay, let's do this: I'm still having a problem figuring how to separate it. Let's present it and as we go along and hear both sides, then maybe the board can decide that we really can't make a decision at this time. Because as I read it, I have troubles forcing someone to get a permit that doesn't own a building. MS. ARNOLD: That's not what we're recommending. CHAIRSIAN FLEGAL: And other than that, that's all this case is about, as I read through it. The trash has already been removed, so that part's gone. But now all we're left with is a building without a permit. · MR. CUYLER: That's probably a good recommendation. MS. ARNOLD: A building without a permit, but I'm not sure someone could get a permit for the building -- CHAIR~U~N FLEGAL: Well, but I -- MS. ARNOLD: -- as it's constructed. CHAIRMAN FLEGAL: -- wouldn't think Mr. Martin would want to get. a.permit for a building he doesn't own. MR. KORN: Well, there's been a claim -- MR. CUYLER: Well, let's -- why don't we just do this: Let's go ahead and start and I think that's an excellent recommendation. CHAIRMAN FLEGAL: All right, let's -- would the county like to go first, please? MS. ARNOLD: Okay, as I indicated, you heard this case back on December 14th, as well on October 22nd. At the 14th hearing we were presented With some information as to a permit that was obtained by Mr. Lester for the building in question. At that hearing, the board decided to postpone the recommendations until we finalized, you know, who's responsible ~or the building, the permit situation. Because when staff originally was Page 4 February 25, 1999 MS. ARNOLD: MR. CUYLER: matter, correct? MS. ARNOLD: and - - MR. CUYLER: MS. ARNOLD: investigating this case, there was no record of a permit, because we 'were researching parcel 41, the parcel in which the structure is ~"located. And there was never a permit pulled for that particular property. I do have an exhibit to try to clarify for the board what we're talking about. Let me get up and put this -- MR. CUYLER: Michelle, could you also clarify one thing for me, too? Have portions of this case been presented already? Yes. There s already been a start to a hearing in this Yes, the investigator has provided his testimony, Okay, and all that's incorporated into your record? Yes. We've already -- (Mireya Louviere enters the boardroom.) MS. ARNOLD: Okay, I don't know if you all can -- if the board can see the exhibit on -- CHAIRMAN FLEGAL: Ms. Arnold -- we need to swear her in. (Speaker was duly sworn.) CHAIRMAN FLEGAL: Thank you. MS. ARNOLD: The exhibit before you shows parcels 25, 82~ 18 and 37. And the permit that was obtained by Mr. Lester described the properties in this area. It's a portion of 37, all of parcel 18, portions of 82, and a portion of 25. I don't know if you can see that red line that I've drawn, that's the legal description that was presented with the permit that was obtained by Mr. Lester. The barn actually sits on parcel 41, in this general vicinity. Parcel 41 is owned by Mr. Martin, as well as parcel 42. And I believe at the last meeting the board was presented with a copy of the portion of the site development plan that at one time was submitted by Mr. Martin, which identified the location of the barn. And that site development plan was to obtain other improvements on that property. And that would be parcels 41 and 42. I just wanted to show the board that so that they can get situated. CHAIR~e~N FLEGAL: Okay, I have a question on your -- you're .'.: saying the one that's in -- the heavy black line and the one underneath it are Mr. Martin's? MS ARNOLD: Martin's property. CHAIRMA/~ FLEGAL: And the structure sits approximately on the ~ little -- I won't call it a triangular piece, or partially on that ,.~ii?,triangular piece? MS. ARNOLD: The majority of it sits on parcel 41. The part '~'?~that 0verlap -- there's a tiny little piece, let's see, I believe it February/ 25, 1999 was in your previous packet as well, that shows the part that sits on the other property. CHAIR~L~N FLEGAL: What I'm -- MS. ARNOLD: There's a little triangular piece that sits on that -- this part down here -- CHAIRMA/q FLEGAL: Right. MS. AP~NOLD: -- which is a part of parcel 37. That's owned by Mr. Lester. CHAIRMAN FLEGAL: Okay. But your red line doesn't include that, so MS. ARNOLD: Right, the legal description never included that part of the property for the permit. CHAI~4AN FLEGAL: Okay. But Mr. Lester does own that piece of land? MS. ARNOLD: Yes, he does. CHAIrmAN FLEGAL: Okay. MS. LOUVIERE: Can I ask a question? MR. DELANEY: Michelle, would you leave that up there? It was a very good exhibit. It really helps. MS. LOUVIERE: I have a quick question, if I may. CHAIP34AN FLEGAL: For the record, Ms. Louviere has joined our board. MS. LOUVIERE: I'm sorry I was late. When you say a little piece, how much is the encroachment? MS. ARNOLD: I can't answer that as an exact. We were trying to get a survey from the attorneys, and they were unable to present that to us, so I'm not sure the exact amount. But -- MS. LOUVIERE: I don't want to get in your case, I'll jLst -- I was just asking real quick and then you guys will have a chance. MS. ARNOLD: On Page 17 of the previous packet that you all obtained, it shows the barn and the line, and ~- the property line. And that's a better idea of, you know, what percentage. I would say maybe one to two percent, maybe one percent of the properties -- of the barn is on Mr. Lester's property. MS. LOUVIERE: Ail right. MS. ARNOLD: I'm sorry, I need to enter in the notices to Mr. Martin and Lester as Composite Exhibit B. And the respondent also provided some information to the board, and that's going to be Respondent's Exhibit A. And the respondent's exhibit is the permit information that was discovered, as well as a deposition that was conducted as part of the lawsuit between Mr. Lester and Mr. Martin. The exhibit was put together also to show that the permit that was obtained by Mr. Lester identified one property, and where he actually constructed the building was a whole other property. That Page 6 February 25, 1997 wasn't included in that description for the legal, that he obtain the permit.,~ Also, we have no records of any inspections being requested o~ the property, so we don't know whether or not there's any other ~i<compliance with any of our other building codes, because the property was never -- I mean, the permit was never followed through as required by the county for appropriate inspections within the six- month period and, therefore, the permit is expired. So it's not a good permit anymore. CHAIRMAN FLEGAL: Michelle, these -- did Mr. Lester provide these, or did the attorneys? MS. ARNOLD: Mr. Korn provided that, Mr. Martin's attorney. CHAIR~ULN FLEGAL: Okay. MS. ARNOLD: We've tried to, on several occasions, attempt to speak with Mr. Lester, but all those attempts have been unsuccessful. CHAIRM3~N FLEGAL: Do you have anything else? MS. ARNOLD: No, we do not. CHAIRMA2~ FLEGAL: Gentlemen? MR. KOP~': Good morning. With the board's -- CHAIRMAN FLEGAL: One moment, please. Swear him in. (Speaker was duly sworn.) CHAI~4AN .LEGAL: Thank you. Yes, sir. MR. KORN: Good morning, Jason Korn, attorney for Mr. Martin. With the board's permission, I'd like to move between showing you these large exhibits and perhaps using the overhead, if that's possible. CHAIRMAN FLEGAL: That's fine, as long as you speak up so we can hear you. MR. KO~$: All right. This matter involves Mr. Martin, who was an innocent purchaser of the adjacent property to Mr. Lester, who purchased the property with the understanding and belief that title was clear, that everything on that particular property was permitted, was according to law. What we've learned s~nce obtaining this nonice of violation, and since, through a civil action which Mr. Lester commenced against Mr. Martin,. Mr. Horvath, is that Mr. Lester constructed this particular barn pursuant to a permit which Mr. Lester obtained from the county. I wann to incorporate by reference all our previous testimony before this board so I don't have to go over it at length. But as · you recall, there was a civil action that Mr. Lester filed against Mr. Martin, which is still pending before the courts today. I would like to move into evidence Exhibit A, if that's not already in evidence. And that would be the permit information which ~.:,~was just placed before you. Page 7 CHAT ............ MR. KORN: ALSO, there i~ a deposition ;ra:t.,~c,~:]..t~::, '..,'?;iclt liks to move inuo evidsnce, ma~k i~ ~irs~ as Nes;:,ondent ':; F:xh~,. ~. Copies o~ chis ',.'ere previously provided to the board. ~ beiJev,, Code Enforcement has uhem ~' ' ' .Lchu now and will be passing ~hem _ O~L . C~iP2z~,; FLEGAL: Okay. Because i don'~ ~'~ ~ .... MR. KORN: While she's doing that, as you'll recall, lasL time before the board you asked ~or a survey. We aL:emsked ko :~e~ a new survey. Unfortunately, the cos~ 'would have been Sa,000 t-.o do correctly, without looking aU the prior survey. But we did bring to the board a third survey, and [his was the survey completed by the Horvaths, the prior owners of the property before Mr. Mar~in. You'll recall that She Hor'/aShs are also litigation with Mr. Martin that now recently settled. Bu~ Mr. had filed a civil action for various claims: /ressass, conversion, and other claims agains~ Mr. Martin and the Horvaths. One o~ Lester's claims is ~has she Horvaths shouldn't have sold his to Mr. Mar~in. Those exhibiss Irom the civil action should have already been admitted into evidence. Do i need to admit those again, or are tihose in ~he record? MS. ARNOLE: lhe':"re in there. MR. KOR~;: ,,,,ax. ,.,c have here -- and ~ can ?3'-inc: aL {:los(:: the board wanls so see i~. We have what's already in ~he record, and if it's not, move tc have it in the record, which is '-he survey done by Aano::-Ba,-ber~ - .... A copy ~ .... ._nLs should ?)e ::t '.,'cur~:umma]:v. This is th~ survey which shows the aluminum s;di:~g barn ',.,it:l~ a portion of it over into Lesher's properZ','. The subject barn. We also have a survey which this board has not seen before, and this is the only ~xhibit we have. We'll move th;z into evidence as exhibit -- i believe it would be Respondext's C, which is the prior owners. The Horvahhs obhained 2his survey by ?;. Lamar Evers. That again~onfi~_,.,~ ,,_',~. ,Wa,~zn s survey, wnz~;:~ ~' she.'.,~' .... -- and i've highlighted it in yellow -- the barn over into t_ke ::.roper-ky. just going ~o hold it verr. icail, v t:c show vou '::~::'..: itt z'onforn~s: ~t,t, other survey. And in Respondent's Exhibit A, you should have zhaL s[L,:: plan by Mr. Lester, which is what he submitted to obtain the permit. Thai site plan is what Mr. Lester allegedly submitted Lo th~ county obtain the permit. The barn, you'll see, is a smai~ recZanaie '...' ~ ~ :thi. n a larger square. The "~ ',- ,,,,oi~ square is not ~he barn, blip-_ '~,'heFe '/oil see words "barn" ',;izhin a few millimeters of tha'-, et:, cenL[met,.~.~-r~ -o a¥ound ' , tn_ oerime~,.:~, Is zhe barn. The way ~n_s 2e Dian was draft:ed :.~ el.:acL iv * · " ' ' : ~ ti~'r; r':3'i:lti',' [ ~ .......~' ' 'Itc, was constructed :ou !I recall originally · ..... o~,~,,L Page 8 F,abru,i}'v 25, 1999 was no permiu for the barn, which is why we're here today. We able to find a Nermit through subpoena and througl~ Hr. Martin a~ his deposition sroducin~ ~his particular exhibit. "~ ~'' and referenced to in the deposition transcript. Then the argument was that perhaps Hr. Lester submitted his plan but built~'~h~ barn in a different area than as he originall,/ sa~d' he was gcing to do. We now believe and have found that he did cons~ruct the barn exactly according to the site plan. The problem was tl]at according ~o the site plan, which he received a permit for, the barn was somewhat -- or mostly in the property of what was then the Horvaths, which is now Mr. Lester's. As the barn sits today, a small porEicn cf il is in Hr. Lester's property. Now, i wansed to refer the board to the deposition transcript Hr. Les[er, which I've admitted info evidence. On page 18 ~he~ · some questicns tc Hr. Lester as to whether he constructed the building. I'm just going to read a couple of the questions with answers, which may shed some light to the board in making their decision. Question to Hr. Les[er, on page 18, a[ the botEom, line 18. ~here any question, Hr. Lester, that you constructed or had constructed [he building that we're talking about? Answer: ! can't conceive of a question abou~ thak. The would be no. Question: Okav. So that's not an issue. You di~ constrnct the building. ~s~.__: ~e did construct the building, abso!u[ely, positively. And that was marked as a Composite Exhibit 2 into the depositio~ transcrip[. This deposition, by the way, was taken under that civi.1 action tha5's pending on Deco,er 9th, 1998. Also, on.~a=~_ 20, ,7 won't read it at length, but there's testimony as 'do Nr. Lester obkaining a permit. Line nine, Page 20. "Okay .... ~his is a question: "I'm going' tc show you what marking as Exhibit 3 to your deposition. Can you identify document? Answer: ,-~e~!, it appears to be a bui!dinc Nermit for County, Florida, dated April 13th of 1989. Question: Do you know whether this is a building permit t{~ construcE 5he building that we're talking akout today? Answer: As far as I know, yes." And for the board's knowledge, fha% was the same permit which we submitted to the board, a copy of it, at ~he last hearing. There is other various testimony. Again, ~. ',.'ill not read it at length, but on page -- just for the record, 22, as to the obtaining of a permit and testimony about a CO, page 24, and page 30. Actually, on page 30, which is part of the claims in the litigation, page 30, line !4, the second pare of [he cueskion: "is it February 25, 1999 contention that the metal building that's -- that's there today is entirely within the boundaries of your property? Answer: Yes." It's obviously one of Mr. Lester's contentions. I have Mr. Martin available to answer any questions under oath, but it is our request that if the board does impose a fine or does make a finding with regard to this particular violation, that the board direct Mr. Lester to remove the barn, or the current owner of Mr. Lester's property, to remove the barn based upon Mr. Lester's admission of constructing the building, site plans of what he submitted to the county to construct that building, albeit they may be erroneous, but all done without the knowledge, consent and -- of Mr. Martin, and Mr. Martin has purchased subsequently, being an innocent party. And we request that he not be fined or sanctioned for having purchased that property which previously a building was constructed, a barn, was built pursuant to a permit which the county issued. If you have any questions, I have Mr. Martin available to testify further. I'll leave the county to respond. CHAIRMA/~ FLEGAL: My only question -- my question is to you, back to my original comment. I think we're at the point where Mr. Martin owns the lands, the building belongs to Mr. Lester. He just built it in the wrong place -- MR. KORN: Well, as a matter -- CHAIRMAN FLEGAL: -- pretty much? MR. KORN: -- of law, the question is where a building is built, as a matter of law, I'm not going espouse on the law, but the owner of the property typically -- MS. LOITVIERE: It's the owner. MR. KORN: -- owns the structure that's on the property. CHAIRMJIN FLEGAL: Right. MR. KORN: But part of it is on Mr. Lester's property, so there is a dispute there as to the part that's on Mr. Lester's property would probably be over setbacks. And since it's on his property, does he own that buildinc also? He is claiming, yes, that he constructed the building and owns the building. CHAIRM~ FLEGAL: Right. But basically 95 percent of the building or more sits on Mr. Martin's property, but built by Mr. Lester. MR. KO~: That's correct. CHAIRMAN FLEGAL: Period, okay? And with permits supposedly obtained by Mr. Lester. MR. KORN: That's correct. CHAIRMAN FLEGAL: Okay, MS. LOUVIERE: I have a question. CHAIRMA2..; FLEGAL: Yes, ma'am. Page 10 February 25, 1999i. MS. LO~IERE: And i've asked the question before. How much is the encroachment that we're talking about? MR. KORN: Over into the property line of Mr. Lester? MS. LOIIVIERE: Uh-huh. MR. KORN: In amount of feet -- MS. LOUVIERE: Uh-huh. ~ MR. KOP~: -- or percentage? Well, if I may approach. It's hard to tell from this particular drawing the amount of feet But the barn of it is approximately -- the barn is approximately 30,000 square feet. MS. LOUViERE: Right. MR. KOP~: Dmd it appears that five percent of the barn is over into the property of Lester. I'm just going to approach to show you this. MS. LOUVIERE: Okay, so it's actually on his property. It's not a setback issue, it's actually an encroachment issue. Because you said setback, and that's not the case at all. Okay? It's an encroachment. MR. KO~: I'm sorry, what I was talking about was it wes in addition to being over the setbacks, it is an encroachment also. MS. LOUVIERE: You have an encroachment issue is what you have. MR. KOP~: That's correct. MS. LOUVIERE: Okay, I just wanted to go on record. I just have one more question. You are still in litigation over this? MR. KORN: Yes. I am not the attorney in litigation. Mr. McFall behind me is representing Mr. Martin in the litigation, which is still pending. MS. LOUVIERE: Do you have a court date on this matter? MR. KORN: No, there's no date yet set for trial. MS. LOUVIERE: Okay. You didn't have a court date last time you were in front of us either, did you? MR. KORN: No. MS. LOUVIERE: Do you foresee getting a court date? MR. KORN: One day the court will set up a trial. I don't know what that would be. I could have Mr. McFall speak to that. MS. LOUVIERE: No idea? MR. KORN: I understand the delay now. Mr. Lester is amending his pleadings. MS.' LOLrVIERE: I see. MR. KORN: In effect, changing his complaint. I don't know what that change will be. But that further delays when the court will set trial.. The court will only do that once the pleadings are closed. And again, discovery's been ongoing in that case, and Mr. Lester's dePoSition was taken beginning of December of '98. MS. LOUVIERE: Okay. Page 11 February 25, 1999 " MR. KOP~: Mr. Lester is the plaintiff in that. MS. DUSEK: Mr. Chairman? CHAIRMAN FLEGAL: Yes, ma'am. MS. DUSEK: I have a couple of questions -- CHAIRMAN FLEGAL: Sure. MS. DUSEK: -- to ask Mr. Korn. We have three surveys now. Which one off those is recognized as the legitimate survey? MR. KORN: Well, we actually have two surveys and one site plan. The two surveys are almost identical in what they depict. Those both those surveys depict the majority of the structure on Mr. Martin's property, with that five percent or so, which is an e~timate, on Mr. Lester's property. MS. DUSEK: Doesn't Mr. Lester have another survey? Which we haven't seen, but I thought that there was a -- MR. KOP~: Well, Mr. Lester, I believe, might have claimed in the civil action he had a survey. I'm not sure about that. But what we do have is what he submitted to the county, which is this. It appears to look like a survey, but it is a site plan. And that does not show adequately the delineations of the different properties. In fact, interestingly, the property line where Mr. Martin's property would start is faded out. But the line towards the south of his property is very bold. So it's hard to draw a conclusion from that. But the way the site plan depicts the property, the barns, the lakes, that's all accurate. It just doesn't depict them accurat or excuse me, it doesn't specifically shop: where Mr. Lester's · property is. At the time this site plan was provided, Mr. Martin did. not own the property. Mr. Horvath, or the Horvaths owned the property, and Mr. Lester still owned his property. In fact, I'm not sure that Mr. Lester owns his property now, or what's going on with that. That may be a further dispute. MS. DUSEK: I'm trying to get to a conclusion about who owns the property legitimately and just how much of the barn is on whose property. 't i When Mr. Martin bought the property, there must have been a title search done. MR. KORN: Yes. ' MS. DUSEK: It would seem to me that the title company would 'have picked· up on this, and we should know from that who actually · owns the barn. And if this was a title problem, perhaps it should be i cleared up through the title company. And this is not a .responsibility of ours, but for us to try to determine who we should · be giving this violation to, we need to have some legal answers. , MR. KORN: Well, I don't think there's any dispute that the -- /from Mr. Martin's position or the county's position that the barn is ,' · . Page 12 February 25, 1999 situ'ated on two different properties. And there is no dispute on Martin's end with Mr. Lester that Mr. Lester constructed the barn prior to Mr. Martin buying the property. I can't speak to you what the title insurance company did; however, if they had a concern about the barn, they could have checked the records, could have checked to see that it was permitted, and believed that if it was permitted, at least it was a proper structure where it is today. We're just requesting that since Mr. Lester constructed the barn, was the party at fault, for however it lies, he's the one that submitted these plans which he built from. Whether they were erroneous or not, he constructed the barn at his cost and should be required to remove it without cost to Mr. Martin. Mr. Martin will agree that the barn can be removed. Take it away. Hr. Lester can have it. MR. DELANEY: Mr. Chairman? CHAIRM~N FLEGAL: Yes. MR. DEL~EY: Mr. Korn, you presented a very good case,. I think that you're exercising due diligence in trying to solve this issue. And it's one of those cases, I think, where the deeper you dive, the muddier it gets. But nonetheless, I think that you have exercised -- and you're trying to clear title to the property. I haven't seen anything from Mr. Lester. I haven't seen where they've offered to contribute or make any kind of gesture. What are you asking of the board today? What is it that you are here for, or -- other than we've summonsed you, what do you think your client wants to do with the property? Or Mr. Martin can tell us, what would happen -- what would be the final disposition if you could win the case? What will happen? MR. KORN: If the barn is removed? MR. DEL~uNEY: Well, whatever the court decides. What are you trying to achieve? HR. KOR1;: Well, we'd like to resolve this today. We would love to MR. DELB~EY: Pie can't resolve the title. MR. KORN: No, not the title issue, but for purposes of this particular proceeding, if there's a violation of the existed}ce of this barn, which the permit is subject to differences of opinion as '.'to.whether it has proper permit, we would offer to the board to give 'up our rights to the barn, to have Mr. Lester at his cost remove the barn, do whatever he wants with it, take all, you know, the structure ~ and dispose of it properly at his cost. MR DELA~EY: If the court finds that -- and I'm not an ~{ attorney, but in general, you're right, that whoever owns the "i~!'! structure on the land. The structure runs with the land and draws Page 13 February 25~ ].999 substance. It's Mr. Martin's building, in a sense, unless he can prove mitigating circumstances. But I guess my thoughts are that I don't find any -- you're doing, I believe, everything that you can to wade through this. I don't -- from my standpoint, I don't see any sense in imposing a fine. But this is just my individual. I don't know how that would help matters. I think it would just be an additional burden. If the property'is mainEained and there's no litter, and except as held in its best available circumstances. But I can see this going on a long time. But I understand from my colleague on the left over there that we don't want to see it drag out for 10 or 15 years. That's the concern of the board. But how long would it stand in violation? Even if it was settled in part that it was Mr. Martin's building, there's still a matter of setback lines. And I would suspect that all these costs would greatly exceed the value of the building. I don't have any recommended solutions, other that] from my standpoint. I don't know how a fine would help, if we can get a commitment ~o you to keep the building and premises in clean condition. I guess that's my comment. MR. KO~: May I respond? MR. DELANEY: Yes, please. MR. KORN: As you recall, you had some concerns about the litter, I recall, before, and ;qr. Martin went through at great expense to remove that and had someone going out there periodically to keep it clean. We don't know where that is coming from. There's only one way for the property by road, and that would be through Mr. Martin's property. Unless you go on foot or travel over dirt and grass through car. But due to the pending lawsuit, the concern was that if" Mr. Martin removes the structure, he's removed something from Mr. Lester's property. Now, unfortunately Mr. Lester didn't appear at ~h~ last hearing, hasn't appeared today. Code Enforcement can speak to whether they've contacted him by phone or not, which I recall they might have said they did last time. I'm not sure if that's accurate, though. But I want the board to be clear that Mr. Martin is not in the civil action fighting to claim "I want the barn to stay.', There was affirmative claims by Mr. Lester as to how the sale took place, and as to certain contents in the building that were allegedly removed that he claims were his. And just looking at the record it's clear he built the building, it's clear that he applied for a permit. And it's Mr. Martin's position that he'd be happy to let Mr. Lester take the barn, remove it from the property, but due to the expense which it may Page 14 -' , ............................. ! ............ III February 25, 1999 require, he'd prefer and ask that Mr. Lester be the one with that obligation. And perhaps the board could defer a decision as to Mr. Martin, but recommend or direct that Mr. Lester or the current owner of Mr. -Lester's property, if he's conveyed it to a corporation, or a son, by chance, that they be required to remove the building, if that's what it takes. CHAIRMAN FLEGAL: Mr. Cuyler, under our publication rules, when you try by mail and they don't respond, did the ordinance not get changed that if we posted -- is it on the property or in the ~'-ilcourthouse for -- MR. CUYLEK: It's both. There are other ways to -- CHAIRMAN FLEGAL: For "X" period. Then you have due notice and it's over and done with, there are no other excuses, correct? MR. CUYLER: Correct. CHAIRMAN FLEGAL: Okay. And basically we're back to where I said in the beginning, one gentleman owns the land, another gentleman owns the building. This gentleman doesn't want to pay to remove it because it's not his. Plus he's removing something that I don't ~'think you could just cut it off at the property line and ke~p a piece dangling. MR. CUYLER: Could I ask one question of the attorneys? Has there been any kind of -- I assume that Mr. Lester has sued, claiming ..that the property under which the barn lies is his property? That's correct? MR. KORiW: I'm going to let r<r. McFall speak. We've submitted an affidavit of Mr. Lester and the complaint. "~ MR. CUYLER: Just as succinctly as you can ~ ~'~, . ..~ CHAIRMAN FLEGAL: One moment, sir :~ · (Speaker was duly sworn.) MR. McFALL: For the record, Martin McFal! for Mr. Martin. In the deposition, we clarified that with Mr. Lester. His claim generally is not which we had originally thought, that he has a claim for trespass. We thought the trespass was your building's on my property. That's not his claim. His claim is you came in the building and took my personal property, and that's damaged me. So I don't think there's an ~ssue any more about your building's on my property. MR. C~fLER: And there's been no counterclaim by Mr. Korn's client, I guess your client, that the structure or the property is in fact Mr. Lester's property? MR. McFALL: No, we don't have a counterclaim. ~ ..... MR CUYLER: So when the suit's over, if he gets what Mr ~Lester is looking for is some money damages -- MR. MCFALL: Damages. Page 15 February 25, 1999 MR. CUYLER: -- for -- but when the case is over, the structure is still going to be on your client's property. MR. McFALL: Right, he sought no relief as far as removing the structure or establishing boundaries or anything like that. MR. MUELLER: Mr. McFall, what was the nature of the personal property that was in dispute? MR. McFALL: He's alleging that there were some extensive financial records in there and some other things, items of equipment, generators and that kind of thing. i stated earlier -- Mr. Korn did, with my prompting --'that Mr. Lester is now trying to amend his pleading. He's claiming that because certain financial records were destroyed and removed, he wasn't able to substantiate certain deductions he took on some tax returns, and he's now got three-quarters of a million dollars of an IRS lien. So, that's -- you know, that's the problem we're facing in that lawsuit. But that's -- the nature of his claim is more you destroyed my personal property and not anything about the building. MR. CUYLER: So what that means is the alleged violation presented by the county is that a structure was constructed without a permit. And the person who did that allegedly is Mr. Lester, and the person on whose property that lies is Mr. Martin. And that's not going to change. O· So I'm not that but the issue saying helps you get to an answer, .is not there as to maybe the property's going to go back to Mr. Lester or maybe the court's going to rule that the barn in fact belongs to Mr. Lester. It's on Mr. Martin's property, it's going to stay on Mr. Martin's property, Mr. Martin is going to be deemed the owner of that, unless somebody can tell me something different. So what you need to do is figure out how you get that violation cured. Either the structure gets permitted, which if part of it's on -- admittedly on Mr. Lester's property, I'm not sure how you now get it permitted. But the job you have to do is either get it permitted or get it removed, one or the other. CHAIR[,DXN FLEGAL: If -- MS. LOUVIERE: Can I say something here? I'm totally confused. Can we just back up just a little bit? Because I know they say that the structure is not permitted, but I have a permit here. CHAI~4AN FLEGAL: Apparently -- MS. LO~ViERE: So it's permitted, we just have a structure that :is encroaching into someone else's -- CHAIRMAN FLEGAL: No MS. ARNOLD: No, the permit was pulled for the wrong property. ' He built -- he pulled the permit for parcel 37 and thereof, what's identified in that exhibit, and he constructed the barn on parcel 41, Owhich wasn't part of that legal description. MS. LOT~IERE: So we don't have a permitted structure. Page 16 February 25, 1999 The other concern I have with this case is that I'm al~ays very reluctant, I would very much like for us as a board to come in and solve everyone's ills. And very often we seem to be drawn into these cases that are like, well, you're in litigation already, so whatever we rule on I'm always very fearful that it will continue in ~titigation and we will be overruled. Do you follow what I'm saying? If we today -- this is just my concern, it's just little .MireYa's concern -- if today we start ruling on this case and I tell .~..>Mr. Lester that he needs to go ahead and remove the structure, he's to come back to -- he's going to continue with this law case, -~and he will contend that there's an encroachment issue, he's going to take those two surveys, and he's going to bring those people -- I am positive that that item will go before -- will be part of this lawsuit. He's not going to just say okay, I'm going to remove it. I'm very reluctant to -- I feel very uncomfortable with this, acting on this, I really do. I feel like that's why I was pushing for you guys to come back and tell me we have a court date. And last time i spoke with you, I was kind of hoping that that's where you were going with this. Remember that? MR. KOR~I: Unfortunately, due to the state of Mr. Lester's pleadings, we can't even get a courn date until those are closed. He has to submit his amended pleadings and then -- MS. LO~UIERE: You mean this is not -- you know, another thing is this is not a big -- it's not really a big deal, okay, because -- and I have asked like from three different people, how many feet are we talking about encroachment? Many structures exist like that. .... I mean, Mr. Martin could go down there, get a permit showing an 'encroachment of a few feet, and this issue would be resolved if Mr. Lester doesn't have a problem with it. And we don't even have to remove the structure, okay? This is not a big deal. But because you have pending litigation, I'm always very concerned as when this board acts. MR. McFALL: May I respond to one thing? You keep -- you have gone back several times as far as the extent of the encroachment. MS. LOUVIERE: Right. MR. McFALL: If you'll look at -- MS. LOLTVIERE: And see, we're not surveyors, so we cannot -- I know that whenever -- MR. McFALL: You can look at this and determine just from what's on -- the information that's on here. MS. LOUVIERE: MR. McFALL: MS. LOUVIERE: MR. McFALL: YOU told me five percent. If you -- it's probably less than that. Yes, sir. Because on this -~ this is the Agnoli-Barber survey ,.i ..... MS. LOUVIERE: Right. Page 17 February 25, 1999 MR. MCFALL: -- that's in the record. You'd have to look at the full size survey to do this. But the scale is one inch equals 60 feet. MS. LOUVIERE: Uh-huh. I noticed. MR. McFALL: So if you go down here and measure the extent to which the building extends over this property line and then apply the scale, you'd be able to determine how many -- and I haven't done it. I haven't put a ruler to it and figured it out. But it's -- it looks like it's around an eighth of an inch or somewhere in there. So, you know, it's -- based on what's in the record, you can determine how many feet or inches, even, the encroachment is. MS. LOUVIERE: Right now, my house, I have a fence that encroaches, i just get along with my neighbor. CHAi~4AN FLEGAL: ~;ell, that ain't gonna happen. MS. LOUViERE: You know? CHAIRMAN FLEGAL: I don't -- which -- either one of you may be able to answer this question. To remove the structure, do you have any idea what that's going to cost? MS. LO~IERE: Big bucks. MR. KO~: Just give me one second, I do have so~e estimates. CHAIP34Ai.[ FLEGAL: And my second question would be to get a permit, what would it cost? Well, okay, i mean, I just want -- I want to know some numbers for a specific reason. MR. LEH~eXNN: Hr. McFall, while Mr. Korn is looking that up, can I see a closer look a~ the exhibits, the surveys, please? MR. McFALL: Sure. MS. LOUVIERE: You know, I no=ice that AB&B did the survey. Shepherd, he's a very old surveyor and he knows, he could tell you exactly how many -- you know, if any feet at all. It could be inches you guys are encroaching. CHAIR~4AN FLEGAL: And that's not the problem. MS. ARNOLD: Well, the building, even if it's inches, it's -- MS. LOUVIERE: Five feet? MS. AP~OLD: -- it's a building, and they would be required get a variance, if that existed the same way. And it's an after-the- fact variance, so we're talking 800, 850 or something. I'm not sure the county would permit a building that sits on two properties. CHAIR}L~/~ FLEGAL: Well, I don't believe that's really the Problem. MS. ARNOLD: Under current -- and two ownerships. CHAIRMAN FLEGAL: Unless I missed something in this whole case, it's a gentleman built something on somebody else's land and he doesn't want what's there. I build a house on your lot and you don't want the house. That's the problem. MS. ARNOLD: That's the problem. Page 18 February 25. ].999 4 MS. LOUViERE: Well, he bought it and it was already on it. When he bought it, he knew it was there. Did you not, I,Ir. Martin? Yeah. MR. KORN: Well, Mr. Martin didn't acknowledge that it was -- wait, hold on before you testify. If we could have Mr. Martin sworn -in, perhaps, we'll do it that way, if you have further questions. But when he purchased the property, he did not know the barn was not permitted in accordance with the allegation by the county. It was his assumption that the barn was proper on there. And if you look at the past record going back, it appears that there was a permit for the barn and the barn was constructed in accordance with the site plan. But he did not knowingly purchase it with that information. I'm going to -- if you give me another minute -- CHAIRMAN FLEGAL: Well, that's okay. I was just -- I mean, are we talking -- is this $100,000, $10,0007 I mean, some number. MR. McFALL: I just want to also address one question that Ms. Dusek had. I represent -- I was hired by the title company, so that's the answer to your ~ssue. MR. CUYLER: And what i wanted to point out, and Ms. Louviere may be correct, there may be an amendment to the complaint that draws these issues in, but ! had the impression from the first hearing they were already issues, and it appears that they're not issues..in the currently pleaded lawsuit. cHAI~4AN FLEGAL: Okay, the question for you is if, regardless -of what a recommendation would be, we instructed to either get a permit or remove the building, wouldn't -- would not whichever of these parties be able to -- whatever money they expend to do whichever, then 9o back and possibly sue the other party to recoup their money? MR. CUYLER: At least possibly, yes. I mean, that's what I'd do if I was the owner. CHAIRMAN FLEGAL: I mean, this boils down to there's a building that's not permitted on someone else's property. The only choice is .you tell them to get a permit or get the building off. I understand he doesn't want to do that and spend his own money, but that's not solving the problem. Because the court isn't going to solve the problem, because that's not what is before the court, as I understand everything. MR. CUYLER: Right. For now. MS. LOUViERE: It will. CHAIRMAN FLEGAL: The problem before the court is you took some papers of mine and I want money for that. Nobody's questioning the building. Page 19 February So i'm having a little problem there that we're being stymied for the wrong things. We're being held up because they're arguing about papers. Nobody's arguing about ownership of the building. MS. LOUVIERE: They will. CHAIRMAN FLEGAL: Ail this other stuf[ is nice, but it's all gingerbread. Yes, sir. MR. KO~: Well, in ~airness, there were additional counts in the complaint that I think addressed -- a claim [or rejectment, a claim for trespass. Mr. McFall tells me that he received summary judgment in Mr. Martin's favor on one of those. He can speak more to those allegations. In answer to your prior question, when this violation orig±nally was received, or this notice, you'll recall, I think it was the ~irst meeting, we wanted time to see what options we had, what the cost of those options would be, to see if we could get a permit. At that time, there was no knowledge, apparently by the county or Mr. Martin, that a permit was ever even issued ~or this barn. We then found the permit subsequently. But in that interim time, we contacted a local group to get an estimate as to various options. So in answer to your question, one of the options that you talked abou~ was demolish and dispose o[ the structure. That was estimated at $15,000 for disassembly, and between zero dollars and $5,000 for disposal. So it approximately could run about 20,000. To remove a single bay of the structure so that it would jus~ be within the setbacks, not an encroachment, for some reason that would not only require disassembly of one bay but construction of a new end wall. Building drawings and a site plan would then have to be submitted to the county and get a permit. The budget [or that was 30,000. The third option was purchase maybe the adjoining parcel, like a little 9/10th piece, which unfortunately would require Mr. Lester's consent, unless the county were able to condemn it or someth.ing. That third option would require 9/10th of an acre on the west side of the building, and we would require preparation of building site plans to overcome the Code Enforcement action, obviously. And that could range estimated in the range of $48,000 to achieve both. Because again, it requires the site plan, it requires the building permit. · And the last option, number four, was to pursue a variance in accordance with the Land Development Code. But I don't know if a variance can go over into the adjoining neighbor's lot. Probably not. So that option might not be [easible. If somehow we were able to do that, we again would need the site plans for approval of the cost, and that's estimated at over $18,000. So it was pretty costly. Page 20 February 25, ] 999 i hope that answered all the questions as to the different options. Those were the four that we explored in an effort to help the board reach its decision. MR. DEL~EY: Mr. Chairman, what decisions are we looking to resolve from our standpoint today? Whether to impose a fine or to put it on hold? Do you know exactly what -- CHAIRM3ZN FLEGAL: Well, my thought is, I was just going to ask Mr. Cuyler, I have a couple other questions, but I'll ask this one now. Since part of the building is on Mr. Lester's property, we have a real problem, I would assume, in directing Mr. Martin to remove the building or face a fine of "X" per day, because he could only remove it up to the property line, hypothetically. Because -- you know, and since Mr. Martin's here, we can't impose anything on him, because he didn't get due notice; is that correct? MR. C~fLER: Mr. Lester, correct. CHAIRMAN FLEGAL: Mr. Lester, I'm sorry. MR. CUYLER: Well, I'm not sure that -- I'm not sure that i.s correct. I don't -- I'm not sure you can't order him to remove the structure. I mean, if he wants to leave three feet on Mr. Lester's property, then, you know, he can do that. I'm not sure that he is foreclosed or that you are foreclosed or precluded from ordering him to remove the structure. I'm not sure I agree that because three feet's on Mr. Lester's property that he can't remove the structure from his own property. CHAIRMAN FLEGAL: Okay. One of your comments that was"to remove -- and I remember this from one of our previous meetings where we said well, why don't you just take one bay dcwn and that solves the problem? it may leave a building on Mr. Martin's property he doesn't want, but, you know, we've got to get some kind of resolution, and I don't see this being resolved through the court system, because it's not there yet. Nobody's brought up the problem of ownership of the building. Is that correct, that has never been in one of your -- MR. KORN: Well, that was not my understanding. I can let Mr. McFall speak to that, because I have looked for the counts for ejectment and trespass. There was some other questions about property lines with a fence. But Mr. McFall can -- CHAIRMAN FLEGAL: Well, but I guess what I'm saying is I haven't heard nor have I seen where one of things that is into the court is Mr. Martin is telling Mr. Lester, "You own this building, get it off of my property." MR. McFALL: Correct. CHAIRM~ FLEGAL: That's never been an issue. And from reading your deposition, Mr. Lester is saying yes, I built the building, unequivocally. It's mine. MR. KOP~: Well, no, actually it is an issue. And that"S why I wanted to be clear I wasn't misrepresenting anything to the board. Page 21 February 25, 1999 MR. McFALL: MR. KORN: MR. CUYLER: MR. KORN: stated. MR. McFALL: MR. C~fLER: When I was here at the first meeting I had provided as an exhibit an affidavit of Mr. Lester in this action. And in that affidavit, which should be in the record on page 2 at paragraph seven, "unless the shed is something different." Mr. Lester under oath stated that the Lesters are the true owners of the property on which the shed was located, and Defendant Martin trespassed by removing the contents of the shed and destroying the same. Is that a different -- That was a -- that's a false statement. Ail right. So that's not an issue anymore. I don't know that's a false issue. That's what he He s now, after -- Mr. Korn, for what it's worth, I don't think there's any question of your good faith representation. We just want to establish, though, the property issue is not now an issue. MR. KORN: Nell, I want to make sure with this particular action and the claims that have been hurled around, I can't definitively tell the board that this is not going to be a claim of Mr. Lester's or Mr. Lester is not going to a month from nov; say well, that's what I'm claiming, can't you see, I have a trespass, I have an ejectment count, and look at my affidavit. Without Mr. Lester's testimony here to bind him, i don't want to be in the position where Mr. Lester -- excuse me, Mr. Martin does something, removes portions of his barn to have Mr. Lester only say hey, that's my barn, it's partially on my property, there's an ownership dispute. If he were here today or even under oath testifying I'm not going to make a claim to the barn, the barn is not mine, never was mine, I'm done with it. ! don't know how he reconciled that claim with the claim that all these alleged IRS papers that would have got me out of trouble somehow were mine and in the barn and they're my property and you took them, how that reconciles with the claim the barn is not his. CHAIR~tAN FLEGAL: Okay, Mr. McFall, I need to ask you a question, please. Title to Mr. Martin's property, when he purchased the property back in -- and I don't remember where it was, I looked at the deed, '95 or something like that? MR. McFALL: Right, '95. CHAIRMAN FLEGAL: The barn was on the property when he bought it? MR. McFALL: Correct. CHAIRMAN FLEGAL: Okay. And when he bought it there was never any title questions that what he was buying was that piece of land, period. The north half of the northeast quarter of the southeast Page 22 February 25, 1999 quarter of the northeast quarter of section 31, township 48, range 26? MR. McFALL: No question on the boundaries was raised and what piece of property he was buying, and apparently no question was raised as to what improvements were located -- CHAIR~%/q FLEGAL: On the property when he bought it. MR. McFALL: Or whether there were any encroachments. Unfortunately, that was not raised at the time that he purchased the property. CHAIRMAN FLEGAL: Right. So he owns the property. There's -- period. Is there a question that he owns the property? Is that part of any lawsuit at all? MR. McFALL: No. CHAIRMAN FLEGAL: So he owns the property, done. MR. McFALL: He op~s the property. Amd after taking Mr. Lester's deposition, I don't think there's any question that the building isn't located substantially on Mr. Martin's property. CHAIRMAN FLEGAL: Okay. MS. DUSEK: Is it out of order to ask you how the title company is resolving this issue? Are you able to speak to that? MR. McFALL: By paying my fees to litigate this matter. MR. CUYLER: Why is the title company involved at this point? Because you've already started on it? i mean, if it's gotten down to a non-property -- MR. McFALL: Yes. MR. C~fLER: -- non real property issue. It's because..ycu started on the case? MR. McFALL: Yes. CHAIRM3~N FLEGAL: Okay, so -- MR. CUYLER: If-I could, let me try to help. These are the options that I see for you to have. You can find that there's no violation on this respondent's part. And that's one of your options. You can Continue the matter under the theory that Ms. Louviere was -- MS. LOUVIERE: My theory? MR. CUYLER: Well, the discussion that you had that it's not part of the case now but it might become part of the case and you don't want to get involved in it until that gets resolved. You can find that there is a violation and you can still continue the hearing to determine -- at such time as you get Mr. Lester in fron~ of you, cr for any other purpose, you can continue the establishment of any line or the setting of any ~ine until you get more information, if that's what you want to do. You can establish a fine and set it for some future date and set that compliance da~e either in the near future or out in the distant future to allow the court case to resolve itself, if that's your inclination. Page 23 February 25, 1999 And in addition to that, you can bring Mr. Martin -- or excuse me, Mr. Lester in and determine whether there's some liability on his part. I mean, it seems to me this is kind of like the case where somebody owns a piece of property and somebody else comes and dumps a bunch of garbage and trash on it. If you don't know who that other person is, you hold the property owner responsible to get it cleaned up, because there's nobody else. In this case, you know who committed the act, which was the .illegal construction of the barn. Or at least you think you know that. You don't have Mr. Lester in front of you, he hasn't had an opportunity to provide any defense for anything, but apparently through the depositions and the allegations of this respondent, it's Mr. Lester that built the structure. So, i mean, it seems to me that there's potentially two responsible par5ies. And I sympathize with the property owner, because it doesn't appear tha5 he did it. But it is on his.property, and ultimately that's the hammer that you have to remove it, if you do find there's a violation. I'm not sure you can't also find Mr. Lester responsible as well, if he in fact constructed and didn't comply with the permitting process. So -- or I don't know that you can't find him solely responsible, if you wish to do that. It just may not lead to the O removal of the structure, depending on what property Mr. Lester has that you can fine, or go against to collect the fine. MR. KO~:: i have another option. CHAIR~V~ FLEGAL: Sure, go ahead. MR. KOP~: Maybe Mr. Cuyler can let the board know -- MR. C~fLER: There's probably a couple of them. MR. KO~:: -- whether this is feasible. But it -- and I like the garbage example, if someone does dumps garbage on your property and you know who dumps the garbage, does the person who has the property of the garbage bear the brunt of the fine, or does the dump-ee, if you want to call it that, the dump-or? This is similar if we look at it as someone built also a shed on two pieces of property. I would think that the board has jurisdiction to direct or fine the person whose shed that p~operty is on and who built that shed and doesn't have to -- and it's not mutually ezclusive. You don't have to fine both. You can fine Mr. Lester, say this is still on your property, albeit less than five · percent, three percent, whatever it may be, and you constructed it, ,e 'or at'least you testified under oath at your deposition you constructed it, and fine him. If he chooses not to remove it, and Mr. Cuyler could probably · .~comment on this better than I the county should have some vehicle -- O~,'and not a motor vehicle, but a vehicle, a way, or an access to hire · an independent company to remove that and then tax the cost against Page 24 February 25, 1999 Mr. Lester's property and foreclose, if necessary I mean, that's a lot of processes, but it does provide the county for a way to back up its violation or its fine. CHAIRMAN FLEGAL: Well, that system exists currently. MS. LOUI;IERE: I like the options. I had written them down, too. To me was A, leave it to the courts, because ownership will come up. That was one of my first thoughts. B, remove the..barn up to the three-foot encroachment of whatever. Remove the section that '~ sits in Mr. Martin's land. And either Mr. Martin or Mr. Lester can ~.pay for the removal. I don't really see why the county has to remove ~it. I think when Mr. Martin bought land, it's kind of like buyer You have to -- you know, that's what title searches are for. then again, Mr. Lester did construct the building on the wrong spot, so it's kind of like we almost have like a half-hat~ here deal. Or get a building permit. But I have been told, and if I'm wrong, correct me, my county staff, that it s very likely you'll get a building permit for a structure that sits on two pieces of land with different owners. CHAIPiV~kN FLEGAL: Yeah, I don't think that's going to happen. MR. DELANEY: Miche!le, I'd like ~o get your thoughts. What can the county live with on this property at this time? In other words, assuming that a permi5 can be achieved, it's going to be a rocky road or a lot of these things. At the presen5 time, what are your concerns about the property? What is it that you would like to see happen? What do you need to satisfy -- MS. ARNOLD: i think that staff feels that, you know, there's been a big attempt on the par5 of Mr. Martin and his counsel to resolve what they can resolve. I was under the zmpression that there was a claim to the ownership of the building, and since that may not be something that's pending in the courts, I believe then the property is ~he ownership of Mr. Martin. If he chooses to maintain that property on his building, then possibly it can be done with some modifications, and then obtaining .?~the appropriate permit. We can live with that. .:~,.[~:~. ..... But if the board's not comfortable with making a decision because of the fear that Mr. Lesner may come back and say -- claim some ownership to the building, staff doesn't have any objections · ~:~postponing this ~- the order of the board. ~' ...... MR. DELANEY: I -- CHAIR[6AN FLEGAL: Mr. Cuyler -- I'm sorry. MR. DELANEY: Well, I was going to say, I Ehink my general feelings are in harmony with yours, ~ha~ I think Mr. Martin has exercised diligence and is pursuing it in good faith, i'd like to ?~speak with Mr. Martin for Dust a moment, if I could. (Speaker was duly sworn.) February 25, 1999 MR. DEL~,;EY: Mr. Martin. MR. P~RTIN: How you doing? MR. DEL~EY: A mess, right? Let me ask you, what do you foresee you're going to use the property for, how you're gozng to utilize it or what do you intend to do with the property? MR. MARTIN: Well, right now -- in the beginning I had to use this property. That's why I bought it, you know, for things. But in that process, after we bought the property, I bought two pieces of property. I bought the Lesters property and I bought the property that's not even on the -- that's further south, another 10 acres. For an investment, number one. And I also went through the process to have the Barbers -~ which you have, I think, the stuff -- to put up a horse facility for horses. But I was advised that once Mr. Lester sued Mr. Horvath for whatever about the property, that I did put up a bridge. Bdt if I put up anything else, the title company could not guarantee any buildings I put on it. It would be money out of my pocket if the land went back to the Horvaths -- I mean, to the LesLers. So that was put on hold. Well, it's still on hold. I can't basically do anything. At one point I was going to sell the property because my interest in that facility, after such a long period of time, had declined, even though I'd gone to the trouble to get permits. MR. DELANEY: That would just be passing the problem on to another owner. MR. MARTIN: Well, at that point the building was not a problem, as far as I was concerned, only the ownership of the land was a problem, who owned that piece of property. MR. DELANEY: What -- if I could ask, what is the highest and best use of the property out there? What could -- if it was developed, what would you develop it to? What is the highest and best use? MR. M~RTIN: i don't have any earthly idea. MS. LOUVIERE: I think that's estate zoning, so you're -- it's 2.5 acres. You're allowed to put one house plus a guest house. And you are allowed to have some horses and chickens and cows. MR. MARTIN: Yeah, I got that permit, prof of it. Well, actually, this was a bigger deal than just a couple of horses. This was a full-fledged kind of like a business type of a horse facility. MS. LOUVIERE: Yeah, you're allowed -- right, you're allowed to put -- that would be like a conditional use you would have to pull for that. MR. ~,~RTIN: Yeah, I got that. You all gave me that. MR. DELANEY: I guess what I'm after is Page 26 16G February 25, 1999 MR. FuXRTIN: i don't know, to answer your que=~lcn right at this present time, i don't have an}, -- at one Doint i put it on the mazke~ to sell it before the buildin~_ . ~ permit thing came u~.~ And this is hearsay. This is what my real estate agent told me, that when they ".~had a perspective buyer that went to the property, ~hat Mr. Le..~t_~ came out and ~s~,~ ~he buyer, that you better no5 buy this property :-:~? because it belongs to me and it's going to be tied up for so many years,.~so the person left. So now it's not for sale or anythin~ [{it's 'just sitting there trying to get, you know, this -- 'MR. DEL~EY: I guess where i'm coming from is that I think the is in s}~pathy with your case. But we still hate to see a blite on the property out there that m~gnt limit your ? ~,~.RT~', Oh I don't want to see that -- i mean you know, i woUldn't want no oass an.tn~.u on =o somebody else either ~ MS. LO~/iERE: Are you willing to take down the barn? lil'.-~{...; MR. I,~RTiN: Well, you know, I m not willing to smend the money. I'.mean, I mean, I -- just as a -- I don't understand just as a common ~person with common sense, I'm sure if the guy next to the airport out there went out and built that building and part of it was on the airport, you know, and only a little part was on his, !'m sure the airport wouidn'~ ~ake ~he building down, they d make him ~ake it down since he ~un i~ in the wron'g s!ace, i mean, I'm kR.' U==~m.~'T ..... ,': I u~rs~and .... where you're coming from. MR. [,~.RTiN: i jus~ ,,/ant to gem zhe thin~ solved. We've been '~,~ld0ing this from the day ~hat we bough~ the property. We've..gone through - - ,4~=.~ FLEGAL Unfortunately -- that s good inzo_ma=ion but CHAIR .... "'~nfortunately, it doesn't -- it really has nothing to do with this, what the property is to be used for. We've got a building cn the <~property and that's what we need to do. .¥-~}i What you warm to do with the property, you can build a ~ ' ~,a~u '.','i~ ~ T~ar 'S Ilot cllr . can get a variance and do an'znhlng you" ~ ..:~?once rn. '~j?}%~/r2: MS DUSEK: Mr. Chairman, if I may, I'm wrestling with this as ~to what to do. I5 appears to me that this violation actually took place in 1989 when Mr. Lester applied for this kuilding permit. It's · now coming before the Code Enforcement Board with a new owner, Mr. ,Martin. I'm s~pathetic to Mr. Martin hav~ng purchased this property ~thinking he had clear title to the property without any problems. And the fact ~hat i5's also zn litigation, I don't feel that I can come ~o a conclusion today in recommending anything. I feel the board should postpone this until we have some more definitive answers [rom.the case that's in litigation. {~2 MS. LO~iERE: I agree. ~<}i{.:~: MR..MUELLER: Mr. Chairman I have some cuestions please ~ ~n' Ye ir . z . ,, Page 27 February 25, 1999- MR. MUELLER: -- relative to that. .. MS. LOU-~IERE: I agree with you. MR. MUELLER: Michelle Arnold, you've given notice to Lester and he doesn't respond and you can't locate him, yet he is represented by Mr. Kowalski zn the documents here. Mark McFall over there took a deposition from Mr. Lester. Why are private lawyers so competent at locating Mr. Lester and the county doesn't have the slightest idea where he is, or can't get him to respond would be a more accurate .statement of that. Can we locate him? MS. ARNOLD: We've contacted Mr. Dean Lester, who the property has now been transferred over to -- or Mr. Don Lester, who the property now has been transferred over to. But we've not been connecting. I mean, we've attempted to call and then haven't gotten him. Amd he's attempted to call us, and we just haven't been able to connect. MR. MUELLER: Are there two Mr. Lesters? MS. ARNOLD: Yeah, there's a -- CHAIRMAN FLEGAL: Father and son. MS. ARNOLD: -- Mr. Don Lester, who is the father and Mr. Dean .Lester, who is the son. MR. MUELLER: Can you get the Mr. Lester in that owns that little piece of property? MS. AP~OLD: It's now Mr. Dean Les -- Mr. Don Lester. MUELLER: I don't care which one, whoever is -- AR/'~OLD: We are trying to -- MUELLER: -- holding title. ARNOLD: -- but he has not -- we've not been able to MR MS MR MS connect MR MS MR MS MR against MS CUYLER: ARNOLD: CLFfLE R: ARNOLD: CUYLER: The property is now owned by Don Lester? Yes. Have we got a -- Is it Dean? Dean Lester. He's the one that we have the case APd%'OLD: It originated with the father, but now it'..s -- MR. KORN: Didn't they transfer to a corporation? CHAIRMAN FLEGAL: Yes, to the KTBG or something. MR. KORN: I think that's a corporation -- there was a lot of litigation, I can't speak directly to the facts, but a lot of litigation'alleged to have occurred with Mr. Lester, some tax liens and foreclosure. I think there's a -- when we talked to the Code Enforcement Board, we were informed that there was actually some foreclosure sale for $i00. CHAIRMAN FLEGAL: Right. Page 2 8 February 25, 1999 MR. KORD: The whole property was sold and given to this corporation, which allegedly is owned by Lester's son. I don't understand all the logistics. It's a very strange situation. It was my understanding, too, that Mr. Lester had been on the phone with the Code Enforcement investigators for the other~hearing which he didn't attend, too, so he informed of that hearing verbally, I know that. MS. ARNOLD: Yeah, we haven't been able -- MR. KORN: Or at least that was what was represented. MS. ARNOLD: We haven't been able to connect with the Lesters between the last hearing and this hearing. We had spoken to him prior ~to, in the December 14th hearing. MR. MUELLER: Mr. Cuyler I have a question for you also MR. CUYLER: Yes, sir. MR. MUELLER: Mr. Lester has avoided the appeals of the county to appear. Is it possible for us on the merit of the 1,000 square feet, plus or minus of the encroachment, that we impose a fine on Mr. Lester which would include the removal of the entire building? Do we have that hammer based on that -- MR. CUYLER: You mean eventually or -- MR. MUELLER: -- property that he owns? MR. CUYLER: -- eventually or today? Not today. MR. MUELLER: Well, we'd have to bring -- MR. CUYLER: The answer is not today. MR. MUELLER: -- him in. MR., CUYLER: Right. Eventually -- MR. MUELLER: Bring him in and then on the basis of that property impose the fine entirely on'Mr. Lester, because Mr. Lester seems less than cooperative to our efforts and to oEher people's efforts, and Mr. Martin appears to be going the last mile, even though his due diligence when he bought the property was poor. MR. CUYLER: Well, that wouldn't be the reason I would suggest that you use, I mean, in terms of whether or not Mr. Lester's been cooperative. But if you find that there is a violation -- as a matter of fact, you could find there is a violation against both parties and set a fine for both parties to run after some period of · time if it's not fixed. But the answer is yes, you can hold Mr. Lester, in my opinion, responsible if he constructed or his agents construct the facility. And coupled with the fact that it's partially on property that he claims to own, yes, I think you could solely find him responsible, that's what you wanted to do. Assuming the case is proven. Now, we haven't had him and haven't had his testimony in front of the board. CHAIRMA/q FLEGAL: I'd hate to be ~- for the board to be on top without any question coming from Mr. Lester's side. If we p'~stponed '~ this till the next meeting and instruct the Code Enforcement to do Page 29 Februar}' 25, 199.9 every notification method there is, posting everywhere, send it again, whatever -- I think there's four or five methods given in the ordinance -- do everything, Mr. Lester still doesn't show up next month. At that time can we make a firm decision whether he is here or not? MR. CUYLER: Yes. CHAIRSDAN FLEGAL: We've proven due diligence in giving notice. MR. CHOLER: Yes. CHAIRMAN FLEGAL: Okay. Yes, sir. MR. KORN: Before you rule -- MR. LEHMANN: Mr. Cuyler, do we have -- does this board -- I guess a point of clarification. Does this board have the right to subpoena -- MR. C~fLER: Yes. MR. LEHMAN-N: -- Mr. Lester and force him to appear before us? MR. CUYLER: You don't need to do that. If you do what the chairman described, then if he does not show up, you can still proceed. MR. LEHPDXNN: In his absence. MR. CUYLER: Right, you do have subpoena powers, but you -- in that particular case you don't need to use it if you would use a subpoena power for a witness who refused to appear. MR. LEHMA~: Okay, good. MR. KO~'~: I want to make one more comment for your clarification. Because it does trouble me, this debate as to what Mr. Lester is claiming or hasn't claimed. ~nd what I've submitted to you is just the deposition transcript, which is under oath, statement, indicating his testimony of constructing the building. But also, in the intervening time you were discussing this matter, I was trying to reconcile my memory that he did claim ownership to this building in some way, in a further way, to give you further support to put the burden upon Mr. Lester. Page 13 of the deposition, the question by Mr. McFall under oath that said, "Is Mr. Martin doing anything now to hold possession of anything that you would consider your property, either real property or personal property? Answer: Well, he prevents me from coming onto the property and utilizing the property. I've asked -- I've written letters to -- for him to agree that I can occupy the building and utilize it as necessary, and he's unwilling to do that. So I guess that's the answer to your question. Next question: So you've been denied access to that building. Answer: Been denied access to my building, yes." CHAIRMAN FLEGAL: I think where most of us -- I don't believe we have a problem with who owns the building and who owns the land. Understand that's two different people. V;hat I'm looking to do Vie Page 3 0 February 25, 1999 4 understanding Mr. Martin's due diligence in trying to be, you know, reasonable, and ! think he's done pretty much everything, we need Mr. Lester before we can drop the hammer on anybody, in reality. The property has been cleaned up, so that eliminated one or the other citations, which is great. But to do it properly, that's why I asked Mr. Cuyier, I want to go through this process to make sure there are no cuestions If Mr Lester isn't here next month I m going to be real strong in recommending to these people that we drop some kind of hammer. He's had enough time. For whatever reason, he's ~'~'~ conveniently.~, absent. I understand things come up, but at some point you find time to show up. So that's why I'm interested in what do I have to do as chairman of this board to make sure that everything has been done to get Mr. Lester here. And after that is done, then there is no excuse. He's out of the country, he's out of the world that's too bad You're supposed to be here. Or send an attorney. He had one, obviously. Send him to represent you. MR. KORN: He still has that attorney. CHAIRMAiW FLEGAL: Well, he chose, too, not to show up. Mr. Lester didn't call him. So that's what -- MR. KORN: We agree with what -- CHAIRMA~ FLEGAL: -- we're -- what i'm trying to get the board to lead to is let's give him one more chance and we'll do eyerything physically possible to see that he shows up under the law. And if he doesn't, then a decision's going to be made. I mean, we can't just leave it here for the next 20 years. We're going to do something; hopefully it will be fair to both parties, i can't guarantee that, because I don't know what may happen next week, or next month. But that's my intent. One more time. One more 30 days. Amd I think most of the other board members will go along with that. Give him one more shot at it. And then we're going to make a decision. MR. KOP~: i want to thank the board for your time and your patience in this very confusing matter. MR. DELANEY: Mr. Chairman? CHAIRMAN FLEGAL: Yes. MR. DELANEY: I see our very fine inspector is here. I would like for him to address the board and answer a few questions, if he would. MS. LOUViERE: I just want to say one quick thing to staff before you -- i'm sorry, just three seconds. When you guys serve due diligence to Mr. Lester, can you be sure and serve, you know, notice of everything also to his attorney? Do you guys normally do that? MS. AR/WOLD: No. MS CRUZ: No. Page 31 February 25, 1999 Oget the title cleared up, where is this property going? want to see it sitting there for 20 years or whatever. MR. CUYLER: I'll coordinate with staff to MS. LOU~'IERE: Is there any way we can do that? MR. CUYLER: -- to make sure the corporation gets not[ced~ Mr. Lester gets noticed and his attorney gets noticed. MS. LOUVIERE: And the attorneys, everybody. CHAIPdV~; FLEGAL: There is a MS. LOUVIERE: Everybody. CHAIRMAN FLEGAL: There is a copy of a -- for lack of a better word, I guess a certificate of title filed where the First National Bank versus Don Lester and all that sold it to the KTBG Corporation in August of '96. So I assume because of -- it says MS. LOUVIERE: Also, sometimes if banks are involved, it's always really good to let banks know that there's an issue. Then they come out. CHAIRMAN FLEGAL: I assume it's been sold, so, anF,;ay. Yes, sir. (Speaker was duly sworn.) MR. DELANEY: Tell the board your name, again? MR. HEDRICH: Dave Hedrich, Collier County Code Enforcement. MR. DELANEY: I want everyone to know we're really proud of our inspectors. They're our first line and we always appreciate -- Mr. Martin, I'm kind of addressing this to you, if you'll stand by for a minute, please. MR. MARTIN: Sure. MR. DELANEY: I think -- well, first of all, you've got a very fine attorney in Mr. Korn. He's given you a very good rep -- he's smooth and he's -- so you do good to listen to him. I think he's leading you, and he's got the board kind of I think floating in your -- on your case, or in your corner. In this deposition, I'm seeing that there -- they're talking about having the bush hog and the property's overgrowing. }{ow is the property out there, from your standpoint? What's going on? Can you tell us? MR. HEDRICH: Yes, I have been periodically checking the property oun there. It has been maintained currently, ever since our previous board hearings. No accumulations or problems with litter or any sort of dangerous conditions exist at this time. MR. DELANEY: Good. That's what we like to hear. We're proud of our inspectors, they're our front line, and they're -- we're very supportive of them. And I'm in agreement with the board that we act as much as we can in your favor on this, or if not in your favor, at least not taking any action that will muddy the water any more. I'd like for you to, if you can, give us some indication, if you We don't Page 32 February 25, 1999 MR. MARTIN: i don't know if -- CHAIRMulI~ FLEGAL: Mr. Delaney? MR. MARTIN: -- i can give you that. CHAIRMAN FLEGAL: Excuse me, sir. It's really immaterial. You know, I don't mean to cut you off, but we're at a subject t"hat's really not our concern where the property's going. That is honestly no interest of ours. We just want to get the violation solved. What you do with your property is your concern, as long as you do it in accordance with Collier County laws. But what you do with it is just not part of this hearing. Do you have a question for -- MR. DEL~EY: I disagree, in that if it's going to sit there -- CHAIRMAN FLEGAL: It can sit there vacant for the next 600 years, i¢ doesn'~ have to be anything done with it. That's a person's right that owns the property. They don't have to do anything with it. MR. DELANEY: Well, he has to stay -- if it doesn't have a permit or something. CHAIR~,Ud{ FLEGAL: We haven't got that far. That's what we're going ~o solve -- MR. DEL~{EY: I understand. CHAIRMAN FLEGAL. -- what he's going to do with it eventually. Did you ask our investigator all your questions? MR. DELA/~EY: Yes, that's all I wanted to know. CHAIRMAN FLEGAL: Thank you, sir. MR. HEDRICH: Thank you. MS. DUSEK: Mr. Chairman? CHAIRMAN FLEGAL: Yes, ma'am. MS. DUSEK: I'd like to make a motion that we postpone this to the next meeting and make every effort to get in touch with Mr. Lester and his attorneys. MS. LO~VIERE: i second that motion. CHAIRMAn{ FLEGAL: We have a motion and a second to table this till the next meeting in March. MR. LEHMA_NN: Before we voue, may I modify that? I think this board needs to direct staff to make every effort to notify Mr. Lester and mandate his appearance here so that we can take whatever action we need to resolve this case at the next meeting, whatever that action be. MS. LO~IERE: Mr. Lester, his attorney, and if there's any mortgages pending on the encroachment land, notify the bank. Everybody that we can that has interest in this property. 30 days, right? Next meeting? CHAIRMAN FLEGAL: Next meeting. MR. LEHMA~: Yes. MR. CUYLER: That date is March 25th, ].999. Page 33 Feb~u~ arr. 25, 1999 ;,;e have a motion and a second to postpone this All those in favor, signify by saying aye. CHAIRMA/~ FLEGAL: till the next meeting. Any opposed? (No response.) CHAIRMAN FLEGAL: Thank you. Mr. Martin, thank you kindly. Mr. Korn, thank you. MR. KOP~: Thank you for your time. CHAIRMAN FLEGAL: Hopefully next month we'll have a resolution. MR. MUELLER: Mireya, I have a question. What happens if Lester -- Mr. Lester doesn't appear at the next meeting? Okay. MS. LOUVIERE: Well, we can discuss it then. MR. MUELLER: But we've discussed it too much. We want to take some action. CHAIRMAN FLEGAL: That's why I want the notice. Once we give this notice and he doesn't show up, we can do anything we want. MR. MUELLER: That's splendid. MS. LOUVIERE: I would very much like to see his attorney here, so whatever happens, they're aware of it. CHAI~IN FLEGAL: Are we ready to proceed with the next one? MS. CRUZ: Yes, sir. For the record, Maria Cruz, Code Enforcement official. MR. MUELLER: Speak up, Maria. I can't hear you. MS. CRUZ: Okay. Again, for the record, Maria Cruz, code enforcement official. The next case is CEB No. 98-22, Board of County Commissioners versus Virginia Nesmith. Let the record show that Mrs. Virginia Nesmith is present. The violation being brought before this board today is a violation of -- described as commercial -- the existence of commercial vehicles, commercial equipment, construction of material, concrete products, machinery, vehicles without current license plates, litter ~o consist of but not limited to: Wood, metal, plastic, styrofoam, paper and vehicles in disrepair, ali. stored on a residential zoned property. Mrs. Nesmith is the owner of the subject property located at 6633 Yarberry Lane, Naples, Florida, which more particularly described as section 22, township 49, range 25, parcel 47. The notices were served via certified mail. The violation was "first observed on March 2nd, 1998, requesting a compliance by March 3rd, 1998. Also, this notice was posted on the property. 'I believe I talked to the respondent's representative today, Mr. Nesmith, and he acknowledged the violation is still existing, but it .~,h...is~my understanding that he's willing to stipulate to the violation. :~.'i' CHAIRMAN FLEGAL: Okay. Would either -- MS. CRUZ: I'd like to have -- .;.~ ~ CHAIRMAN FLEGAL: Either -- Page 34 February 25, 1999 MS. CRUZ: -- Mr. Nesmith. CHAIRMA/~ FLEGAL: -- Mrs. Nesmith or Mr. Nesmith would like to come up and make any comments you'd like, please. One moment, sir. (Speaker was duly sworn.) MS. CRUZ: Mr. Chairman, before we get testimony from Mr. Nesmith, we need staff to testify. CHAIRMAn; FLEGAL: Oh, okay. MS. CRUZ: We have code enforcement investigator Sal Soldano. CHAIRMAN FLEGAL: Wait one moment, sir. (Speaker was duly sworn.) MR. SOLDANO: Good morning, ladies and gentlemen. CHAIRMAN FLEGAL: Good morning, sir~ MR. SOLDANO: My name is Sal Soldano. I'm a Code Enforcement investigator for Collier County. This case was started in March of last year. And two other investigators investigated this prior to my involvement, so I'll try to be'as brief as possible to bring you through the major chronological events to this point. On March 2nd, 1998, Investigator John Kelly investigated a telephone complaint at that location. And during his inspection of the property, he contacted the granddaughter and told her of the violations, and she was supposedly to pass on that information to the owner. Then on March 3rd, 1998, Investigator Kelly returned to that location and posted a notice of violation. He had not received any return phone calls from the property owner. On March 5th, Mr. Arthur Nesmith, the property owner's son, came into the office and requested and obtained copies of the investigator's report. On March llth, 1998, Mr. Nesmith contact the Code Enforcement office and spoke to Supervisor Bill Bolgar, and Mr. Bolgar granted him an extension to March 23rd to comply. Investigator Kelly advised Mr. Nesmith to set up an appointment to meet with him on March 12th. That contact was made, and an appointment at 2:30 the same day, which Mr. Nesmith failed to make. The case was reassigned to Investigator Leo Lynch. On April 9th, Mr. Lynch met with Mr. Nesmith and he was advised of the violations regarding the commercial equipment and litter and vehicles in violation. Investigator Lynch advised Mr. Nesmith that he would conduct some research and get back to him with answers to some of his questions. On April !3th, Investigator Lynch granted Mr. Nesmith another extension until April 20th. Page 35 February 25, 1999 On April 21st, I was assigned the case and I went out the~:e and conducted a reinspection, and find that the same violations still existed. On April 23rd, I spoke to Mrs. Virginia Nesmith. I advised her of the violations and of the Code Enforcement procedures. She assured me that she would get her son to correct the problem and abate the violations. I advised her that as long as I saw progress being conducted on the property, I could extend more time to comply. And she agreed and stated she would make every effort to comply. On ADril 30th, 1998, I met with Mr. Nesmith in our office with my supervisor, and we discussed what his options would be and what he needed to do to comply. He basically agreed to what we had told him~ and he stated that he would try to get a permit to build a building on the property. And he stated that he would go to the permitting department and the planners to come up with a plan to abate the violations. On May 14th, I was advised by the respondent that he was having blueprints drawn up and that he would submit them for approval and obtain all the permits required. On reinspection of the case on May 22nd, the violations still remained. I attempted to contact Mr. Nesmith, but had no success. On May 26th, I spoke with Mr. Nesmith, who explained he had come into the office and met with supervisor and showed him the blueprints for the storage building. Mr. Nesmith was advised of the necessity to comply as soon as possible. On June 2nd, Investigator Lynch conducted a reinspection and found no improvements on the property. A notice of violation was posted at the location of the violation and at the Collier County Courthouse on July !3th by myself. On July 21st, 1998, Mr. Nesmith came back into our office again and spoke with the supervisor. He stated he had plans submitted [or a new structure and was waiting for approval. On August 19th, Investigator Passmore found no permits applied for with the Building Department. Further research was conducted and no plans or applications were found submitted. On November 2nd, 1998, I conducted a reinspection of t~e property and found no improvements. Another notice of violation was mailed via certified mail, and again, it returned unclaimed. Another reinspection on January 5th confirmed the violations still remained. No building permit applications have been filed with the county for review. And that's where we stand today. CHAIRM~ FLEGAL: Yes, sir. MR. NESMiTH: Well, the reason why £ didn't get permitted is i'-because my mom, she's planning on selling the property. And 80 O':percent of the stuff had been removed already, and the other 2~ 'percent will be removed today. Page 36 February 25, 1999 CHAIRMAN FLEGAL: Let me ask the question. Sal, when was the last time you were out there? MR. SOLDANO: I believe it was January 5th. CHAIrmAN FLEGAL: Okay, so since January 5th, we haven't been there to see if he in fact has removed anything. MR. SOLDANO: No, sir. CHAIRMAN FLEGAL: Okay. MR. NESMITH: Well, see, about five years ago, I was told by the supervisor that ii I had vegetation around that stuff, I'd have to move it. And about five years ago, they came -- the Code Enforcement came .and told me I had to clear that out. And I cleared it all out. And then they came up and said I had to move it because it wasn't covered. If they would have told me to clear it out, it would be all right, you know. CHAIP~IAN FLEGAL: I don't know if you've seen what we've seen. Code Enforcement had taken some pictures of your property. MR. NESMITH: Yes, I've seen it. CF~IR~u~N FLEGAL: Have you seen those, sir? MR. NESMITH: Yes, sir. CHAI~J~N FLEGAL: Okay. Is that -- or at one time was that a true picture of what was on your property? MR. NESMITH: Yes, szr. CHAIRMAN FLEGAL: Okay. And you're now telling us that 80 percent of that is all gone? " MR. NESMITH: Yes. CHAIRMAN FLEGAL: And the rest of it is going to be goqe hopefully today. And if we sent somebody out there, it would just be a nice clear piece of land? MR. NESMITH: Yes, sir. CHAIRr~3~N FLEGAL: Okay. MS. CRUZ: Mr. Chairman? CHAIRMJ~N FLEGAL: Yes, ma'am. MS. CRUZ: If I may interrupt. ~e need to introduce the packet into evidence, please. I'd like to mark that Composite Exhibit A. CHAIRMAN FLEGAL: Yes, ma'am. MS. LOUVIERE: When did you start cleanup of the site? MR. NESMITH: Monday. MS. LOUVIERE: I have pictures here January 5th, 1999, and I know he said he hasn't been there, but when did you start cleanup of the site? MR. NESMITH: MS. LOUVIERE: MR. NESMITH: MR. DELANEY: Monday. Oh, you just did it this Honday? Yes. Can you tell me, Mr. Nesmith, how -- what process, who hauled it off or what -- how you went about -- THE COURT REPORTER: I'm sorry, the process? Page 37 February' 25, 1999 MR. DELANEY: MR. NESMITH: MR. DELA~;EY: MR. NESMITH: ~"~':~' ..... ~ MR. DELANEY: it to? MK. NESMITH: The process, how you went about it, or -- Had it hauled it off in the trucks. Pardon? Hauled it off. What, did you -- county dump or where did you haul County dump. And the rest of it I sold off. THE COURT REPORTER: He said county dump, or? MR. CUYLER: And the rest of it he sold. MR. NESMITH: I sold it. MR. DELANEY: How about all of the vehicles that are ~- MR. NESMITH: Yeah, but I was told bv one of the inspectors that if I had tags and insurance on the thing, I'd have 'em open. THE COURT REPORTER: I'm sorry -- MR. NESMITH: And I did, I went down and got tags. CHAIRMA_N FLEGAL: If he had tags and insurance, he didn't have to move them. MR. DELT~4EY: On all of them? MR. NESMITH: Yes, all of 'em are tagged and insured, and they all run. MR. SOLD~NO: That would be the automobiles, not the commercial trucks. CHAIR~,LIN FLEGAL: Correct. Yeah, under the -- MR. NESMITH: Yeah, but he was told -- I was told that if I had tags on all of it and insurance, that it was legal to keep it on, by one of the inspectors. MR. DELANEY: So you're telling us that all vehicles that are on the property are tagged? MR. NESMITH: Tagged and insured, yes, s~r. MR. DELANEY: And current? MR. NESMITH: Yes, sir. MR. LEHMA>IN: Mr. Nesmith, from -- you received this first violation on March 2nd, 1988. Could you summarize flor us real quickly? THE COURT REPORTER: 19887 MR. NESMiTH: 1998. MR. LEHM3tI~;: 1998, I'm sorry, I apologize. Would you just summarize for us real quickly what actions you've taken since March, '98 to rectify this situation? ....... MR. NESMITH: Well, see, what happened, first inspector that came out, I talked to him and he told me I had to do all this stuff, and I did a whole bunch of stuff. And the second inspector came out, he told me everything was okay. And he sent another -- the third inspector out and we had to do all that suu~f again. MR. LEHMA/~: Okay. Page 38 February 25, 1999 CHAIRblAN FLEGAL: Just to make sure i understand, regardless o~ what you were told in the past and all this, this week you have started cleaning the property totally? MR. NESMITH: Yes, sir. CHAIRMJIN FLEGAL: And all the vehicles -- MR. NESMITH: Yes. CHAIRMAN FLEGAL: -- are gone, or ]ust about -- MR. NESMITH: No, the vehicles aren't gone. CHAIRMAN FLEGAL: Okay. Which vehicles are still there? MR. NESMITH: Two trucks and a car. CHAIRMAN FLEGAL: But they will be gone, or they won't be? MR. NESMITH: Yes, if I have to. But I was told if I had insurance -- CHAIRMAN FLEGAL: Okay. MR. NESMITH: -- and tags, I wouldn't have to. CHAIRMAN FLEGAL: They have current registrations -- MR. NESMITH: Yes, they all -- CHAIRMAN FLEGAL: -- and current insurance? MR. NESMITH: Yes. CHAIR~: FLEGAL: Okay. I can't answer whether that's permissible under the ordinance -- MR. NESMITH: That's what I'm told. CHAIRMA2~ FLEGAL: -- but all Ehe other things that we see have been or are about to be removed, other than those three? MR. NESMITH: Yes, sir. CHAIRMAN FLEGAL: Okay. MR. DELANEY: What is the zoning of that property? yes. MR. NESMITH: 25 years. MR. DELANEY: MR. NESMITH: MR. DELANEY: I don't know. The zoning, See, we had this property for about one? And it used to be agriculture. You've owned it for 25 years? Yes, sir. How -- what's the size of it? MR. NESMiTH: MR. DELANEY: MR. NESMITH: MR. DELANEY: How big are either Three acres. Three acres? Yeah, we own that thing for a long time, you know. Because it looks like it's built up around there. I haven't been out there, but -- MR. NESMITH: Yes. MR. DEL~EY: -- are there subdivisions in back of it, or what's going on? MR. NESMITH: Yeah, see, we owned the house back there for 25 years. And I owned -- shouldn't we be grandfathered in? MS. ARNOLD: What is he asking? I'm not sure. Page 39 February 25, 1999 MS. LOUVIERE: They were talking about zoning and he wanted to know about grandfathering his use, which I'm totally confused. I'm looking at the zoning map here and I don't know what his zoning is. ~':"- " MS. ARNOLD: His property's zoned RSF-1. MS. LOUVIERE: RSF-i? MS. ARNOLD: Uh-huh. MS. LOUVIERE: Oh, he's right by that CU there? MS. ARNOLD: He's out there on Yarberry Lane. MS. LOUVIERE: Yeah, Yarberry Lane. So he's RSF-i. MS. AP~OLD: Yes. MS. LOUVIERE: Right. That s a residential area, sir. MR. NESMITH: Yeah, but is that -- MS. LOUVIERE: A single family. I m sorry? THE COURT REPORTER: Please, i can t get you all. MS. LOUVIERE: One at a time, so she can write it down. One at a time. And she hasn't been sworn in. CHAIR~,tAN FLEGAL: You haven't been sworn in, ma'am, so if you'd Kindly at this second please not respond. MS. LOUVIERE: I don't even want to get into that, because that's really -- that's a non-issue, sir. You're not going to be -- MR. NESMITH: Yeah, but I thought if you bought a piece of property and if you didn't change it, it would remain as when we bought it. MS. LOUA;IERE: Yes, sir., but your property -- even this -- our zoning map, which is like June, 1986, it shows you as having an RSF- 1, which is a s~ngle family. MR. NESMITH: Yeah, but we bought this piece of property wa}, back in '60, you know, so -- MR. CUYLER: It still -- you still wouldn't be grandfathered in for violation. You might be grandfathered in for a use -- MS. LOUVIERE: Your buildings. MR. NESMITH: Right, exactly. -- your buildings. But if there's -- But doesn't it take the owner to have to~ change ' MR. C~fLER: MR. NESMITH: that? MR. CIFfLER: MR. NESMITH: No. It automatically changes itself? MR. CIFfLER: Well, regardless of what the zoning is, though, staff's -- the violation that staff has alleged, you can't be .~grandfathered in to have, you know, trash or however -- MR. NESMITH: It's not trash. MR. CUYLER: Well, whatever -- MS LOUVIERE: Outside storage You know, let me say his exact ' i~violation. Could somebody read his exact violation to us, please? Page 40 February 25, 1999" {,-[ MS. AP~NOLD: For the record, Michelle Arnold. The violations is commercial vehicles, commercial equipment, construction material, concrete products, machinery, vehicles without current tags, litter to consist of but not limited to: Wood, metal, plastic, styrofoam, paper and vehicles in disrepair, all within residentially zoned property. MS. LOUVIERE: Thank you, Michelle. CHAIRMAN FLEGAL: Okay, let me back up one more time so I understand. You're going to get rid of everything but three vehicles, one commercial truck and two cars; is that correct? MR. NESMITH: Yes, if I have to. CHAIRMAN FLEGAL: I know, but that's what you want to leave on the property? MR. NESMITH: Only if I'll have to get it on -- They told me if I had tags and insurance, they could stay on. That's what I was told. CHAIRM3LN FLEGAL: Now, Mr. Soldano, as I understand, one of the items he was -- in fact, two of the items he was cited for. The ordinances out of the code, one is Land Development Code 2.6.7.1.1. and the other is 2.6.7.3.1. Starting with vehicles, if they have current license plates, they can stay? MR. SOLD~O: Automobiles. CHAIRMAN FLEGAL: This says vehicles. It doesn't -- 2.6.7.1.1. says vehicles. Doesn't make a distinction yet. Vehicle is a vehicle. Then when you go to 2.6.7.3.1., now we get into commer.cial, okay? So if his two cars have license plates that are current, they can sit on that property, correct? MR. SOLDA2IO: If they're operable. CHAIRMAN FLEGAL: I assume they're operable. He's saying yes, so -- I mean, did you ever ask him to start them or did you just write him up? MR. SOLDANO: Well, you could C~IRMAN FLEGAL: Of course, you didn't do it, somebody else did it before you, so -- MR. SOLDANO: Some of them were quite evidence that they were not operable. They were in disrepair. MR. NESMITH: How that was? MR. SOLDANO: What's that? MR. NESMITH: How was that not operable? You came out, I started them all up, I said totally insurance and tags for all o~ them. MR. SOLD~O: You didn't do that ~or me. MR. NESMITH: I did for the other inspector. Page 4 1 February 25, 1999 MR. SOLDANO: Well, you may have, but the record shows here, I might add, that not myself nor John Kelly nor Leo Lynch ever told this man that what he was doing there was okay. i believe -- MR. NESMITH: He told -- CHAIRMJ~N FLEGAL: Who told him what is not my interest right now. He's cleaning u.p the land is what he says, except for three vehicles. Now, you haven't been out there so you can't tell me he isn't cleaning up the land, correct? You were out there in January, he MR. SOLDANO: I pass by there occasionally. was there, most of this stuff was still there. us this since March. CHAIRMAN FLEGAL: And when was that? MR. NESMITH: Listen, he says -- CHAIR~UkN FLEGAL: When were you there? MR. SOLDANO: Probably a couple weeks ago. i didn't .make an official visit, but I pass by there periodically. MR. NESMITH: Okay, now, see, what he's saying is not true, because - - CHAIRM3uN FLEGAL: Just a second, sir. Okay, previously you told me you were there in January. Now you're telling me you were there a couple of weeks ago. MR. SOLDANO: officially-- CHAIRMAN FLEGAL: When were you there? MR. SOLD~_NO: Officially, for reinspection, the last time that it indicates on the record was January. CHAIRMTL~ FLEGAL: Okay. The fact that you drove down the street looking for lost dogs or something don't interest me. When did you make an official county visit to check the property? MR. SOLDANO: According to the record, it was January 5th. CHAIRMA2W FLEGAL: Okay. So you don't officially know what he's saying is not true. MR. SOLDANO: Not at this time. CHAIR[iAN FLEGAL: Okay, good. The vehicles that you have there, sir, that you want to leave, do they -- they do run? Can you get in and drive them on the street? MR. NESMITH: Ail of them run. CHAIRIiAN FLEGAL: Okay. They have tires and ali. that other stuff? MR. NESMITH: Yes, sir. CHAIRMAN FLEGAL: Okay. I'm taking your word for that. As I understand and read this zoning, the commercial vehicle, which is the truck that you want to leave there, can't stay there unless you're actually doing something on the property. MR. NESMITH: Okay. CHAIR~XN FLEGAL: Okay? Page 42 And the last time I And he's been telling February 25 199~L ' ] / MR. NESMITH: Okay. CHAIRMAN FLEGAL: Unless I'm misreading this. MR. LEHMANN: Mr. Chairman, that's not true. if you look at article 3 -- excuse me, item number three, the vehic].es parked in the rear of the main structure -- CHAIR~=N FLEGAL: There's no -- is there any structures on this property? MR. NESMiTH: There's a house. CHAIP~ FLEGAL: There is a house. It's your residence? MR. NESMITH: Yes. MS. AP~NOLD: May I clarify one thing for the record? The actual last date that we have for a visit, official visit, was February 10th, 1999. CHAIRMAN FLEGAL: And who made that? MS. ARNOLD: It was Sal Soldano. We have a copy of the inspection report. It just was not written in the executive summary. MR. LEHMANI;: Ms. Arnold, what was the date of that again? MS. ~R/qOLD: February 10th, 1999. MR. DELANEY: '89? THE COURT REPORTER: '99. CHAIRMAN FLEGAL: I mean, everything you write up here stops in -- it says January 5th. MS. ARI.;OLD: It wasn't included erroneously. It should have been in the executive summary, but it wasn't included. MR. SOLD~NO: Yeah, I knew I was there at a later date, but I didn't know exactly what the date was. And since it was n6t on the summary, I couldn't quote that. But they found the copy of the report. CHAIRMAN FLEGAL: Okay. Now, what Mr. Lehmann says is true. The commercial vehicle, if you parked it at your house, okay, it says the vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening. What they're looking for is people driving down the street and your neighbors, both sides and backs -- if there's a lot behind you, and i think from the little map, there is -- can't see the vehicle. That's what they're trying to hide. So, in other words, vegetative don't mean let the weeds grow up 30 feet high. You know, if you had a -- instead of building a shed of some type or a lean-to type garage, if you had some hedges that grew up and that's what you used to park your vehicle in, that would be sufficient, okay? Do you understand what that means? MR. NESMITH: Yes, sir. CHAIRMA/~ FLEGAL: Good. So if you're cleaning everything up but two cars and the truck, we don't have a problem with that if you put the truck behind the house and have it enclosed in somethi~lg so none of your neighbors could see it. Page 4 3 February 25, 1999 MR. NESMITH: Okay. CHAIRMAN FLEGAL: Okay? But you're going to clean up all the other stuff? MR. NESMITH: Right. CHAIRMAN FLEGAL: Terrific. Anybody have anymore questions or any recommendations? MR. DELANEY: Mr. Chairman, I'm having trouble. I haven't spotted exactly his parcel on this map. CHAIRMA2~ FLEGAL: Okay, do you have the little map? It's the little shaded -- MR. DELA/JEY: Okay. All right? All that? MS. LOUVIERE: If we have no comments or questions, did you want to find in violation or did you want to give him time to go ahead and CHAIrmAN FLEGAL: Well, since he said he's cleaning up, I would think be -- give him a couple of days or something. MS. LOUVIERE: A_nd then go out there -- and actually have a code person go out there -- CHAI~iAN FLEGAL: Correct. MS. LOUVIERE: -- and see where we're at. MR. NESMITH: Let me show you these pictures here. Now, these pictures here -~ CHAIRMD2J FLEGAL: Don't say anything. MR. CI/YLER: Just if you'd hand out the pictures and then come back to the mike. MR. NESMITH: These pictures were taken -- THE COURT REPORTER: He has to be on the mike, please. MS. LOLrVIERE: Okay, don't say anything, because we have to get you on record, sir. And this is to protect you. We're not being mean, we just have to build a record for everything we do. MR. NESMiTH: Okay. The picture I just showed, those pictures, the one that have just been took on the 1st -- January 5th. CHAIRMA/4 FLEGAL: January 5th. MR. NESMITH: And they're behind vegetation. They're out o[ sight. ~nd these pictures here thaE was took last -- in '98, they're outside, exposed. And I was told by the supervisor that if I put them behind vegetation, they would be okay. And that's what I did. All that stuff is behind vegetation now -- was when we took all that -- got 'em out. MR. LEH~,DA/qN: Mr. Chairman, are those photos identical to the ones we have -- MS. A~OLD: Yes, they are. CHAIRMAN FLEGAL: I didn't match them, but they look identical. MS. AP~OLD: Yeah, those are identical to the one that's in your packet. Page 44 February 25, 1999 MR. SOLDANO: Mr. Chairman, i don't know if you have these photos. I took some brief photos on 2-10-99 to show some of the violations. If you'd like to see these. MS. AP~OLD: Those photos are not included in your packet. CHAIRMAN FLEGAL: Like I say, I don't remember any black-and- white -- these are in our package. MR. LEHMA}~: Mr. Nesmith, could you identify in the'photograph which commercial vehicle you have still on site that you've got licensed? MR. NESMITH: Yeah, just two trucks and one car right now. MR. LEHMA/FN: Can you identify -- are they in the photographs that we have right here? MR. NESMITH: Yes. MR. LEHStANN: Could you identify those for us? MR. NESMITH: It's a flatbed Chevy truck and a green Mercedes. MR. LEHMAN-N: And you say you have a second commercial vehicle? CHAIRMAN FLEGAL: Okay, I assume -- I don't know if you can see this, but we have a picture of a truck that has a -- looks like a sack of cement or something laying in the back of it. Is that one of the -- is that the truck you want to keep? It has a license plate on it. MR. NESMITH: That truck is not -- we using that truck every day. CHAIRMA2{ FLEGAL: MR. NESMITH: MR. LEHMJtN-N: MR. NESMITH: MR. LEHMlZNN: MR. NESMITH: MR. LEHMA/VN: You're using it every day? Every day. So that vehicle will be parked on the site? No, that stays on the job site. That stays on the job site. Yeah. Could you identify the vehicles that you are going to put on the site? If it shows a picture of it. MR. NESMITH: This one, the Dodge truck and Chevy truck. MR. LEHMAN%;: So we're looking at -- again, for the record, we're looking at a photograph, my page number 49 in my book. It's dated January 5th, foreground. MR. NESMITH: MR. LEHMAA~: MR. NESMITH: MR. DELANEY: from Arbor Walk? MR. NESMITH: MR. EELANEY: up and -- MR. NESMITH: '99. We're looking at the first truck in the Yes. And the white flatbed in the -- these two trucks. Right. There's a green Mercedes. The Yarberry Lane, is that -- does that lead in Is that the back exit to -- It's down by the Animal Control off of Airport. Right. All that area out there is rapidly growing Now it ~s. Page 45 February 1999 MR. DELA~;EY: I -- with the growth of the Carlisle and then the ~:[!17~/ Marriott and the whole growth, there's going to be pressure out ~-~ there. MR. NESMITH: I know. . MR. DELANEY: And I know you understand this. And so tine pressure's going to fall on us to -- MR. NESMITH: Yeah, but see, like I said, she's selling the property, so we're cleaning it up. MR. LEHMANN: Mr. Nesmith, do you have the ability to screen bOth of these commercial vehicles behind the main structure? MR. NESMITH: Yes. Yes, we do. MS. LO~VIERE: I think that there are several options to you, but, you know, we could sit here all day and talk about what to keep, what you need to move. I think you have a code compliance person, and I've always found code compliance staff to be very willing to work with people that have violations to help you address your violations, okay. You continue the cleanup and he can talk to you about either buffering or screening your commercial vehicles and making sure that what you have there is properly tagged and properly insured. MR. NESMITH: I don't have a problem with that. MS. LOUVIERE: Okay? MR. NESMITH: I don't have a problem with that at all. MS. LO~3IERE: Good. And you will continue },our cleanup, right? · ..: CHAIR~.tn2~ FLEGAL: I don't have a problem with that. I don't really -- other than giving him some time to clean it up. MS. LOUVIERE: Give him some time to -- and they come back. Do ..... you want me to make a motion to that fact? CHAI~4AN FLEGAL: Why don't you do that. MS. LOUVIERE: Is that okay? I'd like to make a motion to come back in 30 days, and I would like at that time to hear from code compliance staff, and I would like code compliance staff to have visited the site prior to coming to this board so that we know exactly what is the -- what is the -- that this site has been cleaned up. Right now we haven't visited the site, so we don't know what the status of it is since January. And I would like to obviously express to our individual that -- MS. Ai~OLD: 30 days will be beyond your -- MS. LOUVIERE: The next code meeting, which is March the 25th. I'm sorry, I meant next code meeting. And I would like for you to continue cleaning up the site and please work with Collier County code staff, and he can help you with either buffering your commercial vehicles or whatever you need to do to take care of these violations. Is that fair? -"~ MR. NESMITH: It's fair with me. Page 46 February 25, 1999 MS. LOUVIERE: MR. LEH[~NN: MS. LOUVIERE: that happens. MR. LEHMAN/q: Okay. May I -- You want to modify my motion? God, I hate it when I just wanted to interject a comment into the board. The board has a number of these cases that are constantly being brought before it time and time again before resolution is made on this. Is it possible for us -- and I understand that there Nesmith is doing everything in his power to rectify the situation, and that's really what we want. MS. LOUVIERE: Yes. MR. LEHMAN-N: Is it possible for us to put forward a motion that basically resolves this situation one way or another? We give Mr. Nesmith a period of time before the next board meeting to resolve it. If it is resolved to the satisfaction of the inspector, then it disappears, if not, immediately the fine kicks in and we no longer have to deal with this issue. MS. AR/qOLD: That's how the process works. CHAIRMA/q FLEGAL: Yeah, and we'd have -- we have to do a finding of fact and the whole thing, as I remember the rules. Right, Mr. Cuyler? Yeah. And what we were trying to do right now, I think, in Mireya's motion is to get away from doing a total finding of fact. MR. LEHStANN: I understand, okay. CHAIRMAN FLEGAL: Okay? MS. LOUVIERE: Because then if you -- then if we start -- if that starts to kick in, we do a finding of facts, you know, we starting finding him in -- it opens up. He can always come back and want us to reduce the fines. MR. LEHMANN: Well, again, the -- MS. LOUVIERE: Normally what happens is staff will come back to us. If they resolve this matter, we will not hear for [sic) it again. If come -- from 30 days from now, if they have not resolved this matter, they'll come to us and they'll ask us to start imposition of fines. MR. LEHMAN/q: The purpose of my recommendation was not to question whether Mr. Nesmith is doing what he should be doing, because he's convinced me that he is. He's trying to comply with it. The point of that was just trying to expedite the proceedings of the board. CHAIRM~ FLEGAL: What -- and the normal procedure would be in giving him this time, if he does what he says he's going to do, it won't even be on the schedule next month. Staff would just say he complied and it's no longer an issue. MS. LOb~IERE: So before -- Page 47 February 25, ~999 MS. ARNOLD: The same thing can happen either way, if we cio what Mr. Lehmann indicates or if we do what Ms. Louviere indicates. CHAIRMAN FLEGAL: I just -- if we can get away from issuing a finding of facts all the time, if there's a shorter way tc condense , that and in this case it seems like this gentleman is more than ''willing to try and resolve the problem, so I'm on his side on this '~{~5~'?'one.. Let's make it the easiest way possible. MR. LEHMANN: On the basis of that, I would second Ms. Louviere's motion. MS. LOUVIERE: Thank you. I just want to stress that you that come March 25th, which is our next board meeting, if this site has not been cleaned up and everything has been evaded, then you will be starting to be fined, as you can hear from other board members. MR. NESMITH: Okay. MS. LOUVIERE: So the pressure is on. MS. D3JOLD: i have a question for the attorney. We would have to then give additional time after that next meeting, is that correct, if we were -- if we find -- if staff finds that the violation remains, the board would then give additicnal time after that? MS. LOUVIERE: Why? MR. CUYLER: If the board made a finding that the respondent was in violation, they would set a reasonable time, and that reasonable '.~" time might be as little as 24 hours -- CHAIR~d.~ FLEGAL: Right. MR. CUYLER: -- or 48 hours. CHAIRMAN FLEGAL: Yeah, I was just going to say, we don't really have to give, quote, time. MS. LOUVIERE: We don't have to -- CHAIRMAN FLEGAL: He's got his time now. Okay, we have a motion and a second to bring this back before the board at the nexn meeting so that Mr. Nesmith can clear it all up, which he is trying desperately to do. All those -- MS. A~OLD: Can we ask that he waive notice requirements, or do we have to note -- MR. CUYLER: Yeah, would you -- as part of this continuance and the board trying to work with you to get this thing resolved, they're notifying you right nov; that this matter's been continued to March 25th. As long as the code inspector tells you that you've complied, then under those circumstances, they'll tell you you don't have to be ~'.lhere~on March 25th. But if not, then the board's telling you right '?2.~?%.~?~now you have to be here on March 25th. CHAIR~iAN FLEGAL: Same time. MR. CUYLER: Same time. Page 48 February 25, 1999 CHAIP~IAN FLEGAL: We have a motion and a second, and the motion has been modified somewhat. Ail those in favor, signify by saying aye. Any opposed? (No response.) CHAIRF[AN FLEGAL: Terrific. Thank you, Mr. Nesmith. Any new business? The only thing I would say under new business is I would like staff, when you notify somebody -- I was looking for it and couldn't find it. Under the ordinance, and I think it was amended, if I remember correctly, there are four or five specific ways to notice. MS. ARNOLD: We're aware of them. And we failed to do that. And I will talk to my staff. CHAIRMAN FLEGAL: I would like you to make an effort that on each notification you do that, therefore, we can eliminate postponing. MS. A_PR~OLD: I concur with that, and -- CHAIRMAN FLEGAL: Okay, terrific. MS. ARNOLD: -- it should have been done. MS. LONTIERE: And one last thing also. And I have asked for this before, and I know you have a big county. And it's like if we are getting ready to listen to a case, please visit the site before we hear the case. MS. ~Pg{OLD: it yesterday. MS. LOIIVIERE: MS. A~OLD: Dand that is -- that also -- ~hey should have done Right. That's the procedures of the department and the investigator should have done that. MR. CUYLER: Mr. Chairman, I have one thing, too. CHAIRMAN FLEGAL: Yes, sir. MR. CUYLER: Is the new attorney going to be here at the -- MS. ARNOLD: I was going to bring that up under old business. MR. CUYLER: Okay. I'm sorry, go ahead. CHAIRMJIN FLEGAL: Any other new business? Any -- okay, old business. MS. DHtNOLD: Just to let you all know that th~ meetings are going to stay on the fourth Thursday. They've been -- the time, though, has been moved from 8:30 to 9:00. And the new attorney will be present at that meeting. It will be Jean Rawson. And I'd like to use this opportunity to thank Mr. Cuyler for all of his excellent service to the board and to staff as well. MR. CUYLER: And I will coordinate with Ms. Rawson on Mr. Korn's hearing, just to bring her up, along with staff so -- to make sure she's ready to go in March. CHAIRMAN FLEGAL: Okay. And I also appreciate )'our help. Page 49 February 25, 19.99 One question I have for you. In making this transition, how about our pending legal matter? What happens to that? MR. CUYLER: Which one's that? CHAIRMAN FLEGAL: The sunshine versus the board of -- pending lawsuit. MR. CIFfLER: Oh, no, no, that stays with our law firm -- CHAIRMAN FLEGAL: Okay. MR. CUYLER: -- in terms of litigation. We'll continue to handle that. And I'd like to say, it's been a pleasure serving the board and working with staff. And you do an excellent job. And I deal with a lot of boards, and I find in general they do good jobs, but you do a real good job. CHAIPJ~AJ{ FLEGAL: Thank you, sir. MS. LOUVIERE: Does that mean we're the best? MR. CUYLER: Well, the problem is the next board's going tc say how come you said that? MS. ARNOLD: Another informational item for the board. The Board of County Commissioners appointed Rhona Saunders to fill the vacancy that's currently on this board, and Diane Taylor as the alternate position. And Rhona Saunders is replacing J. D. Allen. CHAIRMAN FLEGAL: And they will be -- MS. LOLrVIERE: Did J. D. Allen resign? MS. ~R/qOLD: His term was up and he served -- MS. LOUVIERE: Two consecutive terms. MS. ARNOLD: -- two consecutive terms. CHAIRMA/~ FLEGAL: Okay, terrific. MR. DELA_NEY: And just to review, the next meeting, our meetings will be held? MS. AR~[OLD: At 9:00 on the fourth Thursday. CHAIR5UIN FLEGAL: In this room. MS. ARNOLD: In this room. CHAIRMA/W FLEGAL: And the next one is March 25th? MS. AR~;OLD: That's correct. MS. LOUVIERE: It will be held at parks and recreation. CHAIRSIA~; FLEGAL: Everblades Arena or something. All right, any other things under new business? Any reports? Seeing none, we just went over the next meeting date. I would ~.~ entertain a motion to -- MS. LOUVIERE: I make a motion that we adjourn our meeting. MS. DUSEK: I second that. MR. LEHMAN/q: Can I amend that motion? CHAIRriAN FLEGAL: We have a motion and a second to adjourn. All Page 50 ~' in favor? Any opposed, keep quiet. February 25, 1999 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:45 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 51 January 28, 1999 TR3~ISCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD - NORTH Naples, Florida, January 28, 1999 Met on this date at 8:35 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the' following members present: ALSO PRESENT: CHAIRPERSON: Absent: Clifford Flegal Mireya Louviere Roberta Dusek Fred Mueller George Ponte Dyrel Delaney Peter Lehmann. Jim Allen Kenneth B. Cuyler, Attorney for CEB Teresa Passmore, Code Enforcement Official Michelle Arnold, Code Enforcement Director Gary Dantini, C.E. Investigator C~rter ~ ~onstent~ne ~ ~ 'tac'Kte Page 1 1-27- I ~ 4: .G..R.~4 F~C~,t g4 I 4~323,.l.G P. I 60DF.., ENFORCEMENT ,0OARD OF COLLtER COUNTY, FLOK,IDA Date: Janua.ry 28, ~99~ at 8:30 A.M. Location: Collier County Government Center, Administration Building, Commissioner's Board Room NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED ~ RECORD OF THE PROCEEDINGS PERTAINTNG THERETO, AND THEREFORE ,MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDFNGS IS N'u~,DE, WHICH RECORD INCLUDES ~ T~STIMOHY AND EVIDENCE UPON WHTCH T'HE APPEAL IS TO BE BASED. NEITHER COLLIER COU'N'~f NOR. T'HE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOP, PROVIDING THIS RECORD. APPROVAL OF AGENDA APPROVAL OF MINUTI~s December 14, 1998 PUBLIC HEAR f'NGS A. B, CC vs. Nor'ds W. Bcthel and Lance K. Bcthcl .NEW A. Boa:d Meeting Dates OLD BUS rN.E..SS CEB No. 99-022 P,. EPORTS A. Lien Foreclosures NEXT 'MEETrNG..DA TE ,~D./OURN Status Report from Counly Attorneys Office and Staff February 25, 1999 January 28, 1999 CHAI~4A_N FLEGAL: We will call the code enforcement board meeting to order. Please make note, any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to 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. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. May I have roll call, please, starting on my left. MS. LOUVIERE: Mireya Louviere. MS. DUSEK: Roberta Dusek. MR. MUELLER: Fred Mueller. CHAIRMAN FLEGAL: Cliff Flegal. ° MR. PONTE: George Ponte. MR. DELA2;EY: Dyrel Delaney. MR. LEHMA~: Peter Lehmann C~I~zj~.; FLEGAL: Are there any changes or additions to ou~ agenda? MS. PASSMOR~: No, sir. MS. LOUVIERE: i make a motion we approve the acenda of January 28, 1998 (sic). MR. MUELLER: I second that motion. CHAI~4A/~ FLEGA~L: We have a motion and a second for approval of the agenda. Ail those in favor signify by saying aye (Aye.) ' ' C~\I~; FLEGAL: Motion carried with all in favor. On the minutes of our last meeting of December 14th, are there any changes or additions? MR. PONTE: Just one change, on page twenty-seven there is a statement attributed to Chairman -- Chairperson Berry. She wasn't here. I think it's Chairman Flegal. Just a change. CHAI~43tN FLEGAL: So noted. MR. PONTE: I get an A+ for reading the m~nutes. CHAI~<AD' FLEGAL: Very good. MS. LOUVIERE: I make a motion we approve the minutes with the noted correction. MR. MUELLER: I second that motion. CF~IpuVuXN FLEGAL: We have a mo5ion and a second to approve the minu~es as corrected. All of those in favor, signify by saying ave Those opposed? ' ' (No response.) CF~iRMA/,; FLEGAL: Terrific. We're ready for our public hearing. MS. LO~IERE: Prior to us listening to this public hearing, I have a conflict with this -- th~s matter BCC versus Norris W Bethel and Lance K. Bethel. ' · I was hired by the Bethel brothers to obtain the conditional use, and then subsequent to that, once tha~ mouion failed, I was unable to get the conditional use for them, I was asked to try to obtain the right-of-way permit. But I understand the}' have other issues, so I need to conflict out on this one. You know, I have been paid by them Page 2 ' January 28, 1999 CHAIR~U~; FLEGAL: So noted. Just for the record, our alternate will participate today. So everybody knows, Mr. Lehmann will participate in the proceedings. Okay. MS. LOUVIERE: Okay. First item. CHAI~4AN FLEGAL: First item, BCC versus Bethel Is that the way you say it, B-e-t-h-e-l? ' MS. PASSMORE: Good morning, Board. Teresa Passmore, for the record. The case this morning is Norris W. Bethel and Lance K. Bethel, CEB case nuntber 99-022. The particular violation on the parcel of land is violation of ordinance 91-102, Collier County Land DeveIopment Code, Section 1.5.6, 2.1.15, 2.7.6, paragraphs one and five, and also Ordinanc~ 93-64, Section 4, which is the Collier County right-of-way ordinance, and Ordinance 91-47, Section six and seven of the Collier County Litter Ordinance. The violation in existence is a mobile home that exists on the property without first obtaining authorization of the required building permits, inspections and certificate of occupancy as requ{ by the Collier County'Land Development Code, using right-of-way at're- said property without right-of-way permit, the continued use of the property as a non-permitted staging site, storage site or dump site for the unauthorized accumulation of several hundred dump truck loads of horticultural waste consisting of tree trunks, tree roots, trees tree branches, and other assorted litter. ' The location where the violation exists is on the Southeast corner of Woodcrest Lane and Immokalee Road Section 25 Township 48 Range 26, Parcel.23. ' ' , The owners -- the previous o~'ners of the property were Norris Bethel and Lance K. Bethel of Cape Coral, Florida. Investigator Gary Dantini was the investigator on this particular case. The date that the notice -- I'm sorry, the date the violation was first observed was on November 18th of 1998. The o'~ners were se~ed the notice of violation on December 4th, with a compliance date of December 14th. We had a reinspection to December 15th and again yesterday, which would be January 27th. Results of both inspections show that the violations remain on both dates. MS. AP~OLD: For the record, Michel!e Arnold, Code Enforcement Director. The notices were received for the notice of this hearin~ today. _ A_nd at this time I would like to call Gary Dantini the investigator on the project. ' We need to have the witnesses sworn. Are you all going to testify? You need to come forward and be sworn. (Witnesses were sworn.) MS. PASSMORE: Before we get started, I would like to enter the composite exhibit of the packet that all of the hoard members have into evidence. MS ~RNOLD: Does the respondent have any object=ohs to us entering that into evidence? Page 3 MR. BETHEL: No. January 28, 1999 MS. ~o2;OLD: That would be Composite Exhibit A. MR. DA2;TINI: As stated by Teresa, on Novem~ber 18th, I observed the Bethel site in Woodcrest and Immokalee Road. They had accumulated a nun~ber of ~- many numbers of truck loads of horticultural waste and also they had a mobile home type trailer on site prior to getting a permit for -- a building permit for the trailer itself. Also, as indicated in the pictures, a nurser of piles cf litter from concrete, rebar, tires, plastic products such as PVC type pipe and talked to Mr. Wade Bethel at that time and explained to him that since he had not obtained any of the permits necessary, that the project had to stop right at that time. I issued a notice of violation and a stop work order. And at that time he signed it, understood what -- what that meant. I had reinvestigated the property on the 4th of December. Again, the violation had not been removed. In fact, I had witnessed other materials being brought in. And again informed them that they needed to remove the materials and that they were not supposed to add any additional materials to the site. I went back again after -- on -- excuse me for one second here. On the -- on December 4th again I was there and had reissued another N.O.V. to them, and both Lance and Wade were there and signed the N.O.V., understanding again what the process was. They informed me that they felt that the horticultural waste was a product that they could use for their nursery, and I informed them that their SoD.P. only indicated that they could have a finished product there and not a product that was not finished or -- such as the horticultural waste wasn't classified as a finished product and again he had to remove that. And at that time I was informed that he was going to be selling the property and that he would probably take some time to remove the materials and that they were not goinc to do business on that property from that point on. ~ '~ · And in between the time -- the -~ January 21st I received a phone call from the Bethels' la'~yer, Mr. Trunkett. He informed me that he wanted to -- to postpone this meeting for another thirty days. I informed Mr. Trunkett that it wasn't in the best interests for the county to do that because of the fact that the letter he had sent me stating that there was going to be removal of materials commencing the second week of January didn't happen. And I informed him that this would assure the county that whatever the board decided to do, that after that point that there would be penalties put upon, and this would expedite the removal of the materials on site. That's all- I have. CF~IR~A~ FLEGAL: Anybody have any questions? MR. DEL~Ey: Yes, Mr. Chairman, if I can. Where do we stand now? What are we -- has the property been sold, exchanged hands or do we still have the present owners? And what are the ,- what is your projection of what's going to happen now? MR. D~JTINi: Okay. As far as I understand, the property is sold. It has changed owners. The Bethels, and you can speak to them, have an agreement with the property owners saying that they're going Page 4 to remove the materials by March. January 28, 1999 CP~I~4AN FLEGAL: My question is do we have a copy of this agreement? , MS. PASSMORE: It should be in the packet. A copy of the letter? MS. ~NOLD: We have a copy of the letter from the attorney, but we don't have a copy of an agreement between the two. CHAI~4A2j FLEGAL: I was going to say, I didn't see the agreement MS. PASSMORE: Just the letter. . C~I~,tn2~ FLEGAL: And i'd like -- we don't hate a -- you do not have a copy of this agreement? MS. ARNOLD: No, we don't. CHAI~j~ FLEGAL: So we don't know what it says? MS. ~%NOLD: No, we only have the attornev,s letter to us indicating that they have an agreement between'the new property owner and the Bethels that they would be removing -_ commencing the removal of the material the second wee}: of January. Cb~IR~z~; FLEGAL: Okay. Are you Mr. Bethel? MS. ~[OLD: Can I -- can I ask a question of sta~f~ C~I~A2; FLEGAL: Sure. ~ · MS. ~D2IOLD: Has the property received an approved S.D.p.? MR. D~2~TIN!: No, it hasn't. The reason why it hasn't it needed a right-of-way permit and it was contingent on getting a right-of-way permit. ' MS. AP~.;OLD: Did the respondents apply for a right-of-way MR. D~,;TINI: Yes they did , . , pe_m~t? MS. APJOLD: And did we get an approved right-of-way permit? MR. DANTINI: No, we didn't. Not at this time. MS. LOUV!ERE: Can I clarify that? MR. C~fLER: This is one of those unusual situations that you run into from time to time. Ms. Louviere apparently has information about this case. In my opinion, she can't represent -- no no, , finish. It gets better. , no let me She can't -- she can't represent the respondents, but if she has factual information, Mr. Bethel could call her as a witness if he wishes to to clarify any item. C~IR:~2.[ FLEGAL: Okay. That would be fine. MR. CUYLER: If he wants to do that, then -- CHAI~,~; FLEG?~: O~[ay. Mr. Bethel wcu!d you like to come up and say something, please? ' MR. BETHEL: I would like to find out wha~ Mireya has to say first. I don't know the answer to that. C~I~N FLEGAL: Okay. You're welcome to come up and sa,,, anything. They have had their little five minutes. Would you like }'Ours? · MS. LOUViERE: I am going to just make my statement. I just wanted to say -- in? Cb~I~,LAN FLEGAL: Excuse me. Ken, do we have to have her sworn MS. LOUVIERE: I'm sorry. (Witness was sworn.) MS. LOUVIERE: I just want to give you a little history on it Page 5 -- on this project. the Board of County Commissioners and it was denied. Then I did not submit the site development plan. The Bethel brothers went and did that on their own. They submitted the S.D.P. They called me up and they said we're very close to getting the S.D.P. except we're lacking an excavation permit and a right-of-way permit, which was not something that Collier County presented to us at the initial S.D.P. meeting. But that's okay, that happens. So I went down there and I picked up the right-of-way form and the excavation permit, and I am in the process of preparing that and submitting that. In the meantime, the land gets sold and they have so~e code compliance issues. So that's why -- I just wanted to let you know that's where it stands at this time. It isn't that they -- the Bethels are reluctant to get the right-of-way or that they're reluctant to get the excavation permit, it was just more of a logistics, timing deal. Okay. MR. DELANEY: Let me ask you a question. In your opinion, from the pictures that I see of this, it looks just so much like a dump, but this may be deceiving Is it intended to be fill material~ I don't know what's planned for that. ' MS. LO~VIERE: That is not my field of expertise -- CHAIR/4A2$ FLEGAL: Let's let Mr. Bethel talk first. MS. LO~JIERE: -- as somebody that does land use. That's his business, so I don't even want to touch that. C~I~tA~W FLEGAL: I understand that, Mireya. Mr. Bethel if you would get up, please. MR. BETHEL: . Yes, sir. The concrete is -- that's exactly what it's intended to be used for or was intended to be used for was to build a road, you know, as a base. Amd that -- the pictures make it seem a thousand times bigger than what it is. There's actually I think eleven rolled-off loads of concrete there that they bring when we weren't there and it had rebar in it and we couldn't use it. MR. DELANEY: When you say "they,. who is they? MR. BETHEL: It was -- I think it was Dixie Trucking. MR. DELANEY: So they just dumped it there? MR. BETHEL: No, we agreed to take it because that's what we built our road out of, our access road on the land. And that came in there. They didn't know it was in their dumpsters, you know. We we.agreed to take the concrete to build the road, you know. It was going to save us a lot of money, you know, rather than buying the rock to build the road. That was the excess that had the rebar in it, which we intended to haul out, because we had no use for it, you know. We couldn't put the -- the rebar in the road, you know. We could cover up so much of it, but the other wasn't a usable resource, so we had to get rid of it. The -- the deal about the occupational license, I called the occupational services of Collier County, down to the office, and spoke to the lady that was in charge. And she told me that she could not issue me an occupational license because it was agricultural land, it was an agricultural-related product and it was my sole source of income She says I cannot issue an occupational license for that. Page 6 January 28, 1999 I was hired to do the conditional use, which came to January 28, 1999 She says I can -- she says I'm just going to be taking your twenty-five dollars, she said. But according to their law I am not required to have one. ' I also went to open up a checking account, commercial checking account for a business. Needed an occupational license. I told the lady at the bank I could not receive one because it was an agricultural-related product on agricultural land which was my sole source of income. She called Collier County. The lady told her the same thing. So I feel like I am getting gypped on that one. I don't know who's telling the truth. I don't know. I'm going by what the lady in occupational told me. o And the trailer, it's not a mobile home. It's storage. I mean, it's just a -- it doesn't even have windows in it, you know. I mean, it was to put our junk in, you know. I mean, it's not something that we're living in. Doesn't have water. Doesn't have electric. Doesn't have anything. It's just there. Sd there again, that was on our S.D.P. I mean, it's -- it's shown on our S.D.P. and everything else, you kno~, to be there. So I don't think that that's a fair assumption to have, that it's a mobile home type trailer. It's not -Doesn't even have windows in it. ' There's something else. That's -- I think that's it. MR. DELA2;EY: Still, you don't have permits? MR. BETHEL: Well, that was all in -- that was all in the S.D.P., you know. That was all there. That would have all been -- would have all came as one package. That little trailer is listed on the S.D.P. in the same exact spot that it sits in right now. That whole site, you know, was engineered and has a landscape plan and everything else that goes along with it, you know. When we -- when we first went for the conditional use and everything, we did an S.D.P. We had all of that done. And then that -- that failed, and we went back as a permitted use. What we were going to do was a permitted use or what we thought, you know, was a permitted use. S_nd they tell us, you know, four to six weeks. Well, here it is months and months and months later and we still don't have it, because every time you go to the planning services, you can't get the same answer from two people. You're lucky to get the same answer from one person if you go back a second time. We went this whole time, like Mireya said, about the excavation and the right-of-way permit. They've had it for months upon months upon months and never said anything about it until the last two or three days of it. Somebody else picked it up and said oh, they need a right-of-way permit. It's been through transportation. Ed Kant looked at it. Gave us our trans -- or a right-of-way -- or a transportation write-off, said we didn't need the turn lane. We were gonna -- we were willing to do that. We were willing to do a lot of things. And every time we've been down there, we've got a different answer. So we hired an engineer. Engineer does it all up, calculates the runoff on the water, you know, fcr the retention pond. They say you can build a berm, put riprap in it for the drainage. Okay, fine. Go back. Well, now you need an excavation permit to excavate like eleven inches, you know. That's all the more higher our retention area had Page 7 January 28, 1999 to be for like four hundred feet long, I think it was, you know, is the way it worked out for the plan. And it's something different every time you go back, you know. If I were to do it again, Wilson and Miller would be my people because they're more in with Collier County than anybody. I think whatever they say goes in Collier County. They do whatever they please, and I don't believe that's right, you know. It's just like we're -- I'm -- I'm -- I know a lot of the landscapers in Collier County, and Wilson and Miller and Collier County keeps them from doing their'own landscape plans because they -- they want that. They want to have to send it out to do something. These people are more qualified to do their landscape plans than most people in Collier County, but th%y make it go to that higher level for that money because it's all -- I believe it's just a big circle, and I don't believe it's right. And that building at the planning se~ices is the most -- excuse my language, but the you know what backwards I have ever been to. You cannot get the same answer twice, it's impossible. And that's one of the reasons why i'm standing here right now is because of that reason, you know, reluctantly of whether the waste out there is horticultural waste. I don't consider it waste. It's money to me. It's a by-product, you know. You can say what you want. The landfill, for instance. It's not even a waste to them. It saves Collier County, you know, hundreds of thousands of dollars a year because they cover their garbage with it. They grind it and cover their garbage with it, you know. So, i mean, a lot of things I think I'm gettinc -- I think I'm getting gypped on here. I'm getting, you know, run out of the -- you know, I'm getting the run-out of -- and a lot of it I can somewhat agree on, but some of it I just don't agree to. But I do agree and I am here to say that the site will be cleaned up. I mean, as many days as I have. I'll say sixty days,-you know. If it's not all gone, it will be -- I'll be in there working on it, getting it gone. tt will be -- the majority of it will be gone. And I have another question while I'm here. Once I turn it into mulch, do I have to remove the mulch from the site? Once it is mulch, it's not horticultural waste no more. I have the product now. Am I correct? Fcgg's Nursery down the street, you can't go to records and get an S.D.P. on them. Fogg's Nursery doesn't e:<ist in Collier County. If somebody will find me one, ! would like to see it, because I've tried. They have no landscape plan. They have a bare piece of land with mulch all over it. And they do not have an S.D.P. unless records has lost it somewhere, because I have been down there countless times and tried to find it, and I cannot find it. And they're there. They needed no -- they needed no permits. And his -- and we're friends, you know. He's come down there and talked to us a few times and we've been down there and talked to him a few times. We've done business together. He says because there was an existing house there, he doesn't need an S.D.P. cr he doesn't need these plans. A_nd I'm thinking well, if I own a house on Fifth Avenue and because it's a house and I want to build a hotel, can I build a hotel because there's a house existing there and I tear it down? He no longer -- he no longer has a house, he has a business. And he still doesn't have to Page 8 January 28, 1999 comply with these laws that I had to go through. He moved right in and went to work. He cleared the land. Didn't even have a clearing permit, you know. I don't ,- I think I'm getting the runaround from the get go from the planning services, not -- you know, not from the code but from the planning services. ' C~IP~ FLEGAL: Unfortunately we can't help 'you with that. That's not something this board is here to do. MR. BETHEL: I understand that, but it's just been the question that I have asked so many times, you know. ~nd I have never been able -- I think I mentioned it to you a couple of times when you were out there, you know. A_nd somebody said that they were going to cbec~ into it. I would really like to know if he does, you know. I am not here because I'm, you know, ratting somebody else out, but, you know, if it's fair to one, it's fair to all, you know. I just don't -- you know, I don't understand. And he operates right there on the road frontage like I do. You can't tell me you don't pass it when you pass us, you know. CHAI~ FLEGAL: We can't -- we can't address that problem. It's not before us. MR. BETHEL: No, I understand it. It's just a little aggravating. CHAIP~; FLEGAL: We got way off base. Let's get back to the existing problem which is this property that you owned but now you don't own. MR. BETHEL: We still own -- we have a contract to own -- we have a contract to pay on it for one more year. We are -- we are -- we are tied to it. C}{AI~MAJ4 FLEGAL: You have leased the land back, because I see the title has changed hands. MR. BETHEL: We leased the land back. We have -- we have to lease it back for one more year whether we use it or not. We pay them twenty-five -- twenty-eight hundred and some dollars a month. That was the stipulation and that was the chance that we took. That doesn't have anything to do -- that will be a loss that I take. I mean, that's my o'~ -- you know, that is my own -- my own deal, because we didn't know exactly what was going to happen or what the turnout of anything was going to be. We -- we were somewhat -- we paid three hundred and twenty some thousand dollars for a piece of land we didn't even know we were going to be able to use. it was under contract to buy under the stipulation that we get the permits from Collier County to do what we wanted to do on it. And then they were -- they bought that whole section of land out there -- this developer was -- well, he hired Wilson and Miller, you know, to somewhat force us out of it, you know, because they wanted to buy it. Well, lo and behold, here we have it six months and boom, they want to buy it, you know. So we had to buy it from --. we had to purchase it from the seller before somebody else bought it. But we took that risk, you know, of paying that money every month, you know. If it was not for that piece of land, I don't have no business. You know what I'm saying, I mean. And that's the same way we did when we sold it. We agreed to lease it Page 9 January 28, 1999 back for one year. They said all right, you have to have it for a year. CHAI~4AN FLEG;~L: You don't -- you don't have that lease agreement with you, do you? MR. BETHEL: No, sir. I wasn't even prepared to be here today. I was working and my brother has blown his back out and he couldn't even make it here today so -- my la'~'er, Trunkett, Mr. Trunkett would have it. I don't even believe I have copy of it. I signed it and he was there and he received the papers and I haven't seen it since. CHAIrmAN FLEGAL: Okay. Let me ask -- let's get back to the initial write-up from the investigator. MS. PASSMORE: Mr. Chairman, before you go on, I have the u~pdated color photographs investigator Dantini took on the 27th Would the board like to see them? ' CHAI~N FLEGAL: Yes because the black and whites aren t that good. ' ' MS. PASSMORE: I apologize for that Our printer is on major malfunction. ' MR. DELA/~Ey: Teresa, as good as you are -- as good as you are, there's no apologies. MS. DUSEK: Mr Chairman, I have some questions. C~IPJ~AN FLEGAL: Okay. MS. DUSEK: First of all -- MR. BETHEL: It should be the same -- yeah, it's the same thing. Nothing has changed, yeah. MS. DUSEK: I may be doing this out of order. CHAIRMA~ FLEGAL: That's okay. MS. DUSEK: 'But who is responsible now for these violations? If -- if -- I don't know whether you know this answer I don't know who can answer this. · We have apparent violations on the property. The property has exchanged hands. You're leasing it back. I want to know who now is responsible? Is it the new owners or is it Mr. Bethel? MR. BETHEL: Well, I would assume it still is -- would be me and my brother because in our contract to sell it, it's contingent upon it being clean when they receive it, when they -- you know. They -- they own it. We -- we sold it and, therefore, I am not a legal person -- I can't tell you, but I am -- I can't answer that, but I am assuming the responsibility. I can tell you that, you know. That's all I can tell you is that I'm assuming the responsibility. MS. DUSEK: Mr. Bethel, when Mr. Dantini went out to see you and explained the violation and what you had to do and you agreed to do it, when he went back, nothinc had been done at that point. explain? ~ Can you MR. BETHEL: Yeah, because, I mean, it's just -- you know, it's ~- it was a matter of -- of not agreeing -- not necessarily not agreeing, but, you know, it's kind of -- you can -- you can call it waste. I don't call it waste. You know, it's one of those. It's not a waste to me, you know. You say tomato, I say tomato. It's one of those type things. It's not a waste. It's not a horticultural waste is what it's saying that it is. It's a by-product, you know. Our intention was to -- our intention was, and it still is or, Page 10 ' January 28, 1999 you know, once all of this is gone, you know, we can lease it for a year and then we have an option for two more years. Once all of this stuff is gone, it will still be a nursery. We still plan to go ,.~ through the S.D.p., the right-of-way and everything else. Well, that product tha~,s out there now is nothing more than a by-product of what ...... a nursery is. We use that for our own nursery, you know. When we clean this up, we're not done. You know, this isn't something that I'm just going to plan . on cleaning up, you know. I didn t Invest, you know, three hundred thousand dollars and then lease it back for twenty-eight hundred dollars just to clean it up and say okay, well, here's your land, I'm just going to give you twenty-eight hundred dollars a month, you know. I mean, it's just not -- I don't consider it a waste. ;hud we could argue that until the sun goes down, you know. It's a waste if I was to leave it there and never do anything with it. Garbage is a waste. You can't do anything with it. Garbage isn't a waste some places. They burn it and make electric out of it, you know. I don't consider that a waste. I consider that good thinking. MR. DE~'~;Ey: Let me ask you, Mr. Bethel. I appreciate your difficulties with the Planning Commission. It's just the time of our times, and so I do appreciate what you're going through. Let me just kind of for my own edification a little bit, what -- your company is orlgina!ly from Cape Coral~ Or how long have you lived in Collier County? · MR. BETHEL: I don't live in Collier County. I Just work in Collier Count},. MR. DELA2gEy: You come over here. What is your general -- could I ask your general area of expertiseo Is it nurserieso you do for a living? ' · Is this what .... MR. BETHEL: It would be horticultural plants, you know, whatever you would consider a nursery. I am not -- I am not a tree farmer. MR. DELA/~Ey: What kind of nursery? MR. BETHEL: Horticultural plants. MR. DELA/~Ey: Meaning -- what does that mean to me? MR. BETHEL: Shrubs, little shrubs, you know. Not -- not a tree farmer. Anything but trees. Aand land clearing and wood recycling. You know, we -- we -- that s what we do. I have done it for ten years -- for nine years. This is my tenth year. Ninety-nine will be my tenth year. MR. DELANEY: Where at, could I ask? MR. BETHEL: In Lee and Collier County. MR. DELA/~Ey: Wha~,s the name of your company? MR. BETHEL: Southern Wood Recyclers. We have changed the name of the company, but we have been doing this business for quite a while. MR. DELANEY: So you have all of the equipment and this sort of thing? MR. BEIHEL: Yes, sir. We're presently working on 951 .doing Naples Lake and Country Club, the Arnold Palmer -- the new Rattlesnake Hammock and 951, where they're doing that three hundred and something acres, I think three hundred and eighty acres, we're there clearing and grinding that right now. And I do something with every bit of Page 11 January 28 1999 that mulch. That mulch doesn't go to waste. ' MR. DELi~Ey: I don't want to bind the board with this comment in any way, but the standards of Collier County is that we like it clean and we like it neat and this is the image. This is what we're after. This is ~- this is what the standards are and what we like MR. BETHEL: I solely agree. · MR. DELANEY: Now, you have a lease on the property for a year? MR. BETHEL: Uh-huh. MR. DELANEY: What -- what is your thinking? Could this be cleared up? Whether just off the record or whatever, it's not binding. What is your general thinking? What do you want out of this right now? What are your plans? MR. BETHEL: My plan is -- well, my plan now as of this day, standing here in front of you, is that I can't do what I wanted to do with it. I am going to have to clean it up and do what I can with it. I have to use my knowledge and my willpower and my initiative to make something out of it. I have to make that payment back, you know what I'm saying? So I will clean this up and I will put something there that is a permitted use that nobody can say anything about, that the Land Development Code has agreed to, which is a nursery. I will put a nursery there. There will be mulch there. It will be already mulched up. This mulch that I am grinding right now, it's mulch. So what everybody is telling me is I can haul all three hundred and eighty acres of mulch right there to that site and pile it up. MR. DE~:Ey: How bic a site are we talking about? MR. BETHEL: Eighteen point eight some odd acres. It's twenty acres, but it's eighteen point three nine acres with the setbacks. MR. DELA~;Ey: One of the great benefits of this country and this society we live in is that the people do get to smeak out and I think you're doing a good job. MR. BETHEL: Uh-huh. MR. DELANEY: Where we will go from here, I'm not sure, but there is benefit that the people do get to express their side of the picture, and that's what we're after. MR. BETHEL: Uh-huh. MR. DELANEY: My concern is the standards. We like it clean. We want it -- that's what we're after. MR. BETHEL: Can I jump in here? Not to cut you off, but that's why we picked the area that we did. We're across from Florida Rock, the large -- one of the largest if not the largest mining operation in Collier County. We're directly across the street. When I mean across the street, throw'a stone and hit their lake. Ail right? We are outside the urban area, which I don't believe that means scuat anymore because -- okay, let's keep out of that. MR. DELA~EY: All rig[t. MR. BETHEL: We're -- we have no neighbors. Our closest neighbor from our southern -- southeasternmost corner of our property, down Woodcrest, is more than three quarters -- it's MR. DELANEY: Well, let me just jump in here. ~,~R. BETHEL: -- like two thousand feet. We thought we were out of the quote, unquote, the pretty part of Naples, you know, I mean And we found that to be wrong. · Page 12 January 28, 1999 MR. DELA2;EY: Let me just step in a minute now. MR. BETHEL: Okay. 'D ~... DELA/~EY: What we're after here is not all of the wrongs. What is the best route to take that everybody could be satisfied with this? Now, you know what Collier County is demanding. There's the permits and there's the system and whatever. Immediately I think that something needs to be done or some movement, some positive movement that you're working with the board. That's what we're after. MR. BETHEL: Okay. MR. DELILNEY: I am not interested in who all you think has got the system locked up and this sort of thing. MR. BETHEL: I understand, o MR. DELANEY: We would like to get a time schedule that would satisfy the board, code enforcement and show some progress. Now, these are thoughts that I think are -- were not considered with all all right. -- MR. BETHEL: I would -- I would -- I would say that in sixty to seventy-five days that I could have the whole site clean and I can have a nursery there, providing that I get my S.D.P. still. They haven't even -- you know, like I said, they might not issue the right-of-way permit and then I have to put a turn lane i~, and I'm not going to go through all of that. MR. DELA2.;EY: We're concerned that it will lay there sixty to seventy-five days and still be there. Do you understand? MR. BETHEL: No, the whole site will be clean in that amount of time. There will be mulch. I'm not saying that I'm going to haul the mulch off, but once it's in the mulch, am I back on -- am I back under the code where I need to be if it's mulch? CHAI~4A~[ FLEGAL: Mr Bethel, you need to understand something That's not our decision. · MR. BETHEL: Okay. C~I~tAN FLEGAL: We don't do that. MR. BETHEL: Okay. C~I~iAN FLEGAL: What we're here to do is, you've been cited MR. BETHEL: Exactly. · C5~!~J~2,I FLEGAL: We're here to solve this problem. MR, BETHEL: Okay. C~I~u%/~ FLEGAL: What you need to run a business is not our problem. MR. BETHEL: Okay. CS~IRPD~ FLEGAL: I mean i hate to be that blunt about it. MR. BETHEL: No, I understand. I just figured as the code board, you might know -- CF~I~4A~N FLEGAL: You have been cited for a violation. Now, what we're here to decide is what we do about that violation. MR. BETHEL: Okay. So let's CP~IRMA=~ FLEGAL: So let's -- let's back up and all this other stuff unfortunately is really immaterial. MR. BETHEL: You're exactly right. MS. PASSMORE: If I may just for a moment, Mr. Chairman, in speaking with the planning division, their S.D.P. was on the processing staff to be approved. However, when they sold the property, Page 13 January 28, 1999 all of those conditions and so forth -- and the S.D.P. were for them as the property owner. According to Steve Seal and Sherry Long in planning, who do the final processing, being that the S.D.P. has changed o~ership -- I mean the property has changed o'~nerships, there's other information that planning is going to have to have from the new property owners before the Bethels can go forward and have that original S.D.p. approved. CHAI~JtN FLEGAL: Okay. Let's back up a little bit. MR. BETHEL: I don't understand that. MS. LOUVIERE: Can I come back up here and sa}, somethingo When was this discussion with Steve Seal? MS. PASSMORE: I'm sorry? MS. LOUVIERE: When was this discussion with Steve Seal, because I was just -- when the --when the Bethel brothers called me up and said the S.D.P. was being held up because now they needed a right-of-way permit and an excavation permit, about a week ago I went do'~n there and Steve Seal told me that yes, they had taken the S.D.P. because I asked for the S.D.p. number. And they had chucked it somewhere because they thought the parcel had been sold. But then he never told me that I would need any additional information pertaining to new ownership or anything of that nature. He told me just finish it up, bring in the right,of-way permit and to finish bringing in the excavation permit and the S.D P. would be granted. That was my conversation with Steve Seal. MS. PASSMORE: That was just a couple of weeks ago when I went looking for the S.D.P., you know, to see where the status of it was before the board meeting, and they had taken it out of the stock A~nd what they did with it, I don't know. ' MS. LOUVIERE: This was about two weeks acc I went in there and that's what Steve told me. MS. PASSMORE: This ma'/ have been just before that. Obviously, if he knew that the property had changed hands, like I said, I was just tryin9 to find it for information for the board. And I told him, I said the property has changed hands, and they said well, we can't give the final approval if the property's changed hands. Again, I'm just stating what Steve had stated to me. What they have done with this, I don't know, Mireya. I don't know the process. CS~i~A~.N FLEGAL: Again, unfortunately, as I look at this, whether you get this S.D.P. or not is not going tc solve this problem. MR. BETHEL: I solely agree with }'cu. CS~iR?3d,; FLEGAL: The immediate problem is this violation. MR. BETHEL: You're exactly right. I one hundred percent solely agree with you. CShlI~,t~2f FLEGAL: At least that's the way I view it. MR. BETHEL: Because we could all argue about the Planning Se~ices and it ain't going to do any of us any good. CHAI~$ FLEGAL: That's not our area. MR. BETHEL: You're right. CS~.!R:,~J FLEGAL: My questions run this way. You were notified of this violation. And cn Decemdoer 30th we got a letter from your la~fer and -- saying that everything, you know -- uhat you had sold Pac~ 14 January 28, 1999 the property, you had an agreement with the new owners that you were going to remove the stuff and you had it between January and no later than the end of March. Okay. We're at the end of January. Obviously, as of today, from what I'm hearing you haven't done anything. , MR. BETHEL: Nope. You're absolutely right. CP~I~,ZAN FLEGAL: Okay. So it would seem to me since you haven't done anything yet, that -- ' MR. BETHEL: Why would I? CHAIPdV~; FLEGAL] -- you're now standing there telling me oh, well, I'll have it cleaned up. You haven't done it yet. What gives me the basis to believe that you're going to do it? MR. BETHEL: Waiting on all the -- that I'm standing here in front of you now. CHAIrmAN FLEGAL: Okay. The permits and all of that are after the fact, you know. My question is, since you haven't done anything, I'm trying to look for you to convince me that you will do anything if we -- if we give you, you know, the time to do it Why haven t you done it so far? · ' MR. BETHEL: For -- C~i~A~ FLEGA~L: At least moved one truckload out two truck loads? or MR. BETHEL: I'm not going to truck it out. Cb~I~4A~.[ FLEGAL: Are you going to grind it up or something? MR. BETHEL: Yup. Not going to truck it out. C~IRM~2~ FLEGAL: But what are you going to do with the concrete that you can't use? MR. BETHEL: The concrete I'm going to truck out. C~I~4A/~ FLEGAL: Okay. But you haven't done that yet. MR. BETHEL: Or the concrete I'm going to make more of a road out of. I'll do something with the concrete. CHAI~MA2~ FLEGAL: I understand that, but you haven't done it yet Do you see where I'm leading to? MR. BETHEL: You're right. You're absolutely right. But it's it's-- I mean, it's -~ it takes time. I mean, I understand it's been two months, three months, you know, but there again, it wasn't on my top priority. I mean, to be honest with you, it wasn't in my top priority to get it out of there because I didn't know what was going to happen, i mean, I'm sorry, I fall back to the same answer every time, but I didn't know, you know. C5~IP~U~A2.; FLEGAL: That's fine. That leads me to what i need to understand. It's not a top priority. MR. BETHEL: Now it is. Now you're telling me I'm not going to be able to do what I was going to do and I'm coing to have to get it out of there. CHAIRMA~ FLEGAL: ~eii, I don't know if you're going to be able to do that. I have no control over that. MR. BETHEL: But if I was to start cleaning it up today, if I was to leave here and go back to work where I left this morning on Immokalee Road or on Rattlesnake Hammock and go there and stay there and never leave, it would take me about thirty-five days to clean it all up, to get rid of the concrete, grind up everything there and Page 15 leave a pile of mulch. January 28, 1999 MS. ~o2;OLD: Could I interject for a minute? Mr. Bethel, what was your conditional use for? What were you requesting a conditional use for? MR. BETHEL: They had it under a saw~i!l slash, transfer and collection site ! think. MS. AP~;OLD: And was that to grind up the aste or tree material? MR. BETHEL: They didn't tell me I couldn't grind. They told me I couldn't collect it and transfer it there. Therefore, I hate to be a hypocrite, but I'm back to everything is a collection and transfer site. McDonald,s and Burger King, they collect meat, they sell it back out It goes in, comes out. Anything that goes in and comes dut is collection and transfer. I mean, I'm not trying to be a smart aleck, but anything I consider a collection and transfer site. Gas station, they collect the gas and they transfer it into everybody s car I mean -- ' . MS. A~.;OLD: Did the investigator explain to you that you were required to get permits or S.D P s to continue operation on the property? ' ' MR. BETHEL: He asked me if I had an S.D.p. and I told him I don't have it in my hand, I said, but it's somewhere in that system. MS. k~;OLD: Did he issue a stop work order on your property? MR. BETHEL: Yes. MS. ~o~NOLD: Did you continue operations on your property? MR. BETHEL: Yes. MS. ~JOLD: Can I ask Mireya a question? MR. CUYLER: Yes, you may. She's a witness. MS. ARNOLD: Miss Louviere, what was the conditional use for and what was the Board's reasoning for denying the conditional use? MS. LO~¥IERE: The conditional use was for a ~- let me see, it was a conditional use from -- the only way they -- the only classification that they could find it is close to, because you know under conditional uses and agricultural land, our conditional uses are only very specific. You can go conditional use A-2, and" that has a specific reference. So they called it a sa'~ill. But it was basically to have a very small grinder on site and to have equipment to move the horticultural waste, as you termed it around so that they would be able to grind on site. ' MS. ~,;OLD: And did the Board say that they would be permitted to grind on site? MS. LOUVIERE: The Board's concern really was -- the main reason that it was denied was a compatibility issue, if I recall correctly, which I -- you know, from somebody that's been doing land use for eight years, I did not see how it wasn't compatible with an excavation pit that sits across from the site. But that was the Board's decision at the time. MS. ~g~OLD: And is it your understanding that they can do grinding on the property if they have the appropriate -- I mean, can they get an S.D.p. to do that t)~e of operation on the site without a conditional use? MR. BETHEL: Can I say something? MS. LOUVIERE: From -- I have to be -- from somebody that's done Page 16 January 28, 1999 this work for eight years, I have to say no, because without an approved conditional use, you cannot grind on the site. MS. ARNOLD: Okay. Thank you. CHAIRMAN FLEGAL: Okay. Another question for you. Did I understand you to say this is your tenth year in this business? MR. BETHEL: Ninety-nine is my tenth year. I started when I was fifteen. CHAI~4AN FLEGAL: And have you had this business in Collier County previous to this situation? MR. BETHEL: The same business, just a different name. Just a different name. CHAIRMA/{ FLEGAL: So it's reasonable to assume that over t~e last nine years, you know that this process has to be done This is not all new to you? ' MR. BETHEL: No, no, not necessarily the -- the land part of it, the clearing and the grinding for other people. Not for bringing it on my own piece of land and grinding it and making a by-product out of it. So I wasn't aware that this process had to -- CP~IRffJ~ FLEGAL: Okay. Another question would be, when the gentleman issued a stop work order, I guess at that point why did you continue? , MR. BETHEL: Because I see stop work orders everywhere I mean Cf~iR~'L~ ~L~G~: Okay. That's fine. That's a good answer. MR. BETHEL: On the job we're working on now, there~.s a board -- when you pull up there, stop work. They're everywhere. CF~I~4AN FLEGAL: I just wanted to ask the question to see what you would say. MR. BETHEL: Because I see them everywhere, you know. ~nd second of all, it was my livelihood, you know. I mean, that would probably have to be my nu~nLber one answer was because if I didn't at the time, then I didn't eat. I mean, I'm sorry, you know. That was my main reason to keep working, you know. CHAIP34A~N FLEGAL: Okay. MR. BETHEL: Now, I have other -- now I have other ways to, you know, to do that. CF~I~%~N FLEGAL: That's fine. Michelle, did I read somewhere in the code that there is a distinction between the -- for lack of a better word, I'll call it the trees and the horticultural products that are not yet turned into mulch, is there a difference bet~een that? Did I read that somewhere~ It sticks that I did. ' MS. ~;OLD: That that would be considered litter? CF~IRYJLN FLEGAL: Right. MS. ~{0LD: Correct. CF~IRMAN FLEGAL: In other words, if it was already mulch -- I am not giving this a seal of approval, but if it was already, mulch, then hypothetically that's not litter. But if it's just tree trunks and such and roots laying around, now we are littering? Is that -- MS. ARNOLD: That's correct. CHAIP, MAN FLEGAL: Do I understand that correctly? MS. AP~{OLD: That's correct. Page 17 January 28, 1999 C5~I~,T~$ FLEGAL: Okay. MS. DUSEK: Mr. Bethel, I have a question to you also or a comment. You know we have certain codes and laws for the protection of everyone, and we must follow them. MR. BETHEL: I agree. MS. DUSEK: Now, it appears up to this point that you have been defying them. You have not agreed to remedy any violation that has come against you. I right now am in doubt whether you will follow through with whatever you tell me today since the past couple of months have shown that you just ignored it. How can you assure me and the Board that you will follow through with correcting this violation? MR. BETHEL: In writing, I don't know, you know. I'm telling you within, you know, within seventy-five days, sixty, seventy days it will be gone. If it's not, I guess I get fined, you know, go to jail or something. I don't know. MR. PONTE: But in order for it to be gone, you must grind it up~ MR. BETHEL: Yes, sir. ' MR. PONTE: And you don't have a permit to grind on the property. Is that how I hear it? CS~IPJ4AN FLEGAL: Well, he doesn't have a permit, as I understand it, to have any kind of business on the property. MS. ~;OLD: That's correct. CF~IR~.t~$ FLEGAL: I mean, it's just supposed to be -- he shouldn't be in any kind of operation, because he hasn't got a permit. MR. BETHEL: A~nd since -- and I guess since I have sold the land, I don't have the right to do anything there. So what do I do? Do I just lea,Je it or do ~hey let me go in there and grind it and leave it as mulch or what? C5~I~4A=.~ FLEGAL: What I'm hearing is since you have sold the land and now you lease it, that no~ there's probably, I don't know, another page 'you have to fill out because you're now using somebody else's land. I don't know for sure, but I am guessing, and I don't think that's a big deal. It's probably just to fill out another piece of paper and add it to your stack. I don't know. It's just a guess. Mr. Cuyler, i have a question for you. MR. C~£LER: Sure. C~IRf,~IN FLEGAL: Since he is not the owner of the property but he is a lessee of the property and these violations were against him prior to him selling the property, if the Board takes some type of action now against he and his company, is that a problem? MR. C~fLER: The charges would still be valid. The thing that has changed is that you would not be able to lien the property because it is not his property, in other words, the real estate on which he is conducting the business. You would have to resort to personal property. C~IR~,t~A~; FLEGAL: Okay. Since we don't have an access to the -- to the land, if we do something, then we could put a lien against the company and he and his brother personally for whatever they may own? MR. CU~fLER: A_ny of the charged parties, you can place a lien against their personal property. Page 18 o~aner, because the violation still exists even though it was put on prior to them exchanging the deed? " MR. CUYLER: They have a lease interest in the property, so the,/ do have a property right in the property, they have a right to be there. A_nd if it's Mr. Bethel that's conducting the operation, then he would be an appropriate party to charge. You could also charge the landowner as well to notify them and bring them in. But you have an appropriate party that's currently charged. They are the one that's responsible. If you bring the landowlner in, the landowner is going to say well, I'm not doing what's on the property that you consider to be the violation. So it is, in fact, this gentleman that is an appropriate charged party. MS. DUSEK: If we were to charge the landowner for this violation, do you think that this would give some push for Mr. Bethel? I mean, I am just not sure how far we can go with Mr. Bethel. If we're not going to clear the property, we have to give the responsibility to someone to clear this property. MR. C~fLER: You could resort to charging the owner, but I think the fact that fines will run against Mr. Bethel may give him some incentive to take care of the problem. MS. AP~;OLD: Just for the Board's information, we did provide a courtesy notice to the current property owner to let him know that we have a case open against this and to inform him what the violation is. Of course, we didn't issue a notice of violation to that~new property o'~ne r. MR. LEHMJ~: Mr. Chairman can I just comment on some of the issues? ' Mr. B ' e~hel, apparently -- if I can summarize again where we're at with this right now It's my understanding that you purchased this Page 19 January 28, 1999 __ CS~I~ FLEGAL: Okay. So that you understand what I was asking MR. BETHEL: Oh, I understand, sir. CHAI~TLN FLEGAL: Okay. Normally, when you own a piece of land and you do something, if you don't comply and you don't want to pay the fine, we put a lien against your property. MR. BETHEL: When you sell it, you pay it sooner or later CHJtIRM~ FLEGAL: Right. · MR. BETHEL: Pay me now or pay me later. CHAIR,S FLEGTIL: But in this case, we would put a lien against anything that's personally yours. Now that could be, you know, house, cars, trucks, even down, if I remember correctly, probably even ~own to checking accounts. MR. C~fLER: Absolutely. CHAIrmAn; FLEGAL: We can -- we can get everything. So you need to understand that. I don't want you to sit there and say well what are they talking about liening? So you understand. ' ' MR. BETHEL: No, I understand. C~IRMA=W FLEGAL: Okay. MS. DUSEK: Mr. Chairman. CN~IRMA/W FLEGAL: Yes, ma'am. MS. DUSEK: I have a question for Mr. Cuyler. Since he is not the owner of the property, would the violation resort to the present Januar}' 28, 1999 property and were unable to get the permitting to allow you to conduct operations on this property; is that correct? MR. BETHEL: Yes. MR. LEHr,tANN: You then made a business decision to conduct those operations an}~'ay; is that correct? MR. BETHEL: Yeah, but you got to take a step back. We -- we changed our business to a nursery supply. MR. LEHMA~: I understand that. MR. BETHEL: That's a permitted use on that land. MR. LEH~iANN: Is it permitted for that piece of property? MR. BETHEL: Yes, sir. That we know, unless in the last month Collier County has changed their law. You pick up a permitted Use packet for agricultural land, and it's a permitted use. You turn in an S.D.P., and so they say four to six weeks. Six months later a year later you get it. MR. LE~2iA~Q{: Okay. But do you not have an approved S.D.P. at this point in time? MR. BETHEL: No. MR. LEH~iAS~: So you're conducting business on this property without an approved S.D.P.? MR. BETHEL: Yes, sir. Well, we -- yeah. I'm not going to -- I'm not going to get into that. Yes. ME. LEHM~,~: Also, in the past, Investigator Dantini has advised you to stom work on the property because of the v~c_ations that were cited to you? MR. BETHEL: Yes. MR. LEHMA2.~;: Again, you made a business decision or personal decision to ignore that and continue. MR. BETHEL: Had no choice, yes, sir. MR. LEH.M7~: Again, to this date, as of January 13th anyway MR. BETHEL: We're not doing business on the property. MR. LEHM=X/Q~: But, again, nothing has been done to clean up the property or rectify the situation at all? MR. BETHEL: No. Because it takes time. I mean, I can't -- you know, I can't -- I mean, I am going to have to sooner or later. Therefore, then I just couldn't stop doing my business, you know, and have it -- and just couldn't stop -- in other words, what I am trying to say, it's not going to pay me anything to go in there and do it. But on the other hand, it's going to cost me if I don't. MR. LEH~A~;: But as I understand it, you have the ability to turn the waste product that you have, the trees, into mulch? MR. BETHEL: Yes, sir. MR. LEHMA/~: You have the ability to take out whatever type of concrete block, rebar, whatever t~e of debris that may be in there that is unwanted by you and your company? MR. BETHEL: Yes, sir. MR. LEH~,LA~R,~: And you have decided not to do that? MR. BETHEL: For the simple fact of time, yeah C5~I~iAN FLEGAL: Fred. ' MR. MUELLER: Yes, I would like to question Mireya Louviere again, please. MS. LOb~IERE: Yes, sir. Page 20 January 28, 1999 MR. MUELLER: Mireya, I understand that you have a conflict of interest and sitting over there, you're really in a sens6 representing the Bethels. MS. LO~IERE: I am not representing the Bethels. MR. C~fLER: Let me just clarify MR. MUELLER: You're a witness in behalf of the Bethelso MR. CUYLER: Correct. ' MS. LOUVIERE: I represented the Bethels during the land use hearing process. I am not representing the Bethels during this code hearing process. MR. MI/ELLER: I understand. I also understand that you're a qualified land planner. MS. LOUVIERE: Uh-huh. MR. MUELLER: And I know from personal experience that you're a good one. From the point of view of being a witness for the Bethels, what would you recommend to them as a way to solve this solution with the Board? MS LOf~ · -- v.I .... : Well -- MR. MUELLER: Not from the Board's point of view, from their Doint of view. MS. LOUWIERE: Well I really don't see it as ~e.ng all that complicated if you allow the Bethel brothers the sixty-five days that he is asking from the Board to go ahead and clean up the debris and find some way of handling it. A_nd I know he's in a catcK-22, because he has -- he has, you know -- he has things there that are not in a finished end product, and he has to get them to a finished end product, yet he can't grind them on site. So that's a catch-22. But we will let the Bethels figure a way of handling that. And I will continue getting the excavation permit and the right-of-way permit, and get the S.D.P. for them, so that then they have an actual S.D.P. MR. C~fLER: Is the S.D.P. for a nursery? MS. LOUVIERE: The S.D.P. is for a nursery. ~d the way understand it, and I have to read it because I did not -- again, I did not apply for the S.D.P. Once I finished with the conditional use, the Bethel brothers put in the S.D.P. work. When they came back with stipulations asking for an excavation permit and a right-of-way permit, they called me back and said would you help me clean up this S.D.P.? So I have kind of been coming in and out of this project, if you understand it, because they had financial issues. They couldn't pay Mireya to do this, to follow through. And I will do the excavation permit and -- which ! have the forms and the right-of-way permit, and then they can have a permitted use. MR. MUELLER: Do you expect to be successful 'with your application? MS L · OUVIER=: i am hoping. I am truly hoping that Collier County issues me a right-of-way permit and did not change things -- they do not change horses in midstream on me, you know. MR. MUELLER: And I guess one final question. What is your opinion of -- it refers to a mobile home and the statement,s been made that this is not a mobile home· Page 21 January 28, 1999 MS. LOb-~IERE: That is shown -- that is shown in the master concept plan that I prepared and it was -- it was part of the S.D.P. package. MR. MUELLER: So to have this little vehicle here, you do need an S.D.P.; is that correct? MS..LOb-VIERE: Yes, sir. Yes, you need a site development plan for this type of use that he's proposing there. And then, you know, the only reason for the excavation permit was because when somebody drew the right-of-way -- I'm sorry, the water management, they went just a little bit too deep on the excavation that they were going to dig and it triggered cur excavation requirement, you follow me? And $o -- MR. MUELLER: No, I don't. MS. LO~IERE: It has to do with the depth that you.-- that you create, the indentation, the water retention. MR. C~fLER: You can excavate to a certain small degree, but once you reach a certain level, it has to be permitted. MS. LOLrVIERE: I mean, it was just -- we just trigger that requirement and all of a sudden I had an excavation and I have to get a bond and -- so now I hear that Steve Seal wants something else. So I have to go back to Collier County and say now the property ownership has changed, what are you looking for from me, you know? But I will certainly diligently try to clean up this site development. MR. LE~,bll~N: Mireya, what's the permitted use of the trailer? MS. LOLrViERE: I'm sorry? MR. LEHMAJ~N: What is the permitted use of the trailer? MS. LOUVIERE: The trailer, when I brought it in in the master concept plan, it'would be considered a storage trailer. A storage trailer. MR. LEH~tA~: Is it currently under a temporary construction trailer permit or any type of permit? MS. LOUA;IERE: No. I was not asked because -- I was not asked to get a temporary use permit -- trailer temporary use permit. Normally, temporary use trailers, if you're not going to get an S.D.P., okay, then they ask you to get that. And what they normally mean by that, those temporary use trailers are usually for like sales trailers. Like somebody wants to put in a big development they wan~ to sell, they put a trailer there as a temporary sales trailer then they pull it out. ' MR. LEHMA~j: But it also can be used for a temporary construction trailer or operations on it? MS. LOUVIERE: I certainly could have done that. That could have been done. Since I was in the process of getting an S.D.P. for that whole site, including and showing that, that kind of saved a step, do you follow me? When I present projects to Collier County, I try to present the whole enchilada. CF~IRrtAN FLEGAL: Mr. Bethel, I have a question or two. I am remembering back to when you first started and one of your comments was about the quote, unquote, mobile home. And I believe your statement was it didn't have windows and so on and so forth, which the trailer does have windows. And you stated it was for storage, but it has a telephone hookup. So it's a little more than just storage. Page 22 January 28, 1999 MR. BETHEL: It's a little more than storage, but it ain't a mobile home either. Would you live in it? CF~I~4A2~ FLEGAL: Mobile home trailer, construction trailer, I mean, it's kind of all together. MR. BETHEL: You're right, and it has window frames, but it has no glass. I don't know if you can't see that from the picture, but I can't either, but it ain't got no glass in it. CHAiRM3d{ FLEGAL: So now we have a -- MR. DA/qTINI: There is glass in the windows. CHAIR14A/~ FLEGAL: There is glass in the windows? MR. DANTINI: There are some windows that doesn't have it, but the majority of windows -- MR. BETHEL: I just think a mobile home is a little more of a, you know, of a word -- CHAI~4AN FLEGAL: I don't want to go over semantics. What bothers me is that we do have a trailer with windows or whatever it is, and we have a telephone hookup. So I envision a storage trailer as something that just sits there and you pile junk in it. MR. BETHEL: That's what it is. CF~IR~tA~.; FLEGAL: Okay. Anybody else have any questions? MR. PONTE: Yes, I do. I don't know who to ask this question of, but it's very much in my mind. I don't see how a remedy can come about. I mean, if Mr. Bethel promises to clear the land in sixty or ninety days and he's already promised that to the new ow~ler of the land,.is that correct, that the land was to be delivered clear? MR. BETHEL: The land was what? MR. PONTE: To be delivered cleaned -- cleaned up so that there is no debris? MR. BETHEL: Yes, sir. MR. PONTE: He can remove the concrete, but he can't turn the hundreds of dump truck loads of mulch into -- wood into mulch without permission to do so from the county. So it really is a dilemma. MR. DANTINI: Can I just say something here? They hauled it in in trucks and couldn't they haul it out in trucks? MR. CUYLER: A nursery operation wouldn't allow them to grind up the materials. MS. AP~OLD: Uh-uh. That's what the operation -- part of what they were asking the Board for for this grinding operation. And all of the material that's on the property or most of the material that's on the property has been brought to the property, it wasn't cut down on the property. CHAIrmAN FLEGAL: Okay. Would it be fair to -- I'm trying to summarize like Peter did down there. The next step -- since you seem to have a problem getting the permits because of whatever, the system or what have you, if the Board were to give you "X" time to solve your problem, i envision you trying to get the permits first so that you can grind it up? MR. BETHEL: No. CHAIP34/L~ FLEGAL: Your only other choice is to load everything in trucks and tow it off. MR. BETHEL: But that's almost -- it's not feasible to do. CHAIRMAN FLEGAJ~: What I am leading to is if we give you time to Page 23 January 28, 1999 do something, whatever it is, it seems like it -- MR. BETHEL: It would take -- it would take -- it would take months and months and months to haul it out with trucks, with having a loader and a backhoe, everything else. That ain't permitted for that, you know. So I mean, it's -- I see that it's either grind it there and make mulch out of it or let it sit there, one or the other, you know. It doesn't load in the truck itself. The truck doesn't load itself. CHJ%I~tA~W FLEGAL: Right. MR. BETHEL: In other words, you got to have all kinds of machinery there to load it, you know. And it would take months upon months upon months upon months. I mean, I'm talking probably Ju&y or August to get it out of there. If they were to haul every single day, seven days a week, up and out, up and out, up and out, you know. It would cost me probably two or three hundred thousand dollars. MR. LEHMANN: Mr. Chairman, excuse me. Inspector Dantini. MR. DANTINI: Yes. MR. LEHMAN-N: What is your estimation of the volume of material we have there that needs to be hauled? MR. DANTINI: Well, I would say that it's probably more than five hundred dump truck loads. Also, if you don't mind me saying that in a way, this would not be a problem if Mr. Bethel had done all of this beforehand and found out he couldn't do it. But it sounds like to me that we're coming into the back door to do exactly what he wanted to do to begin with. MR. LEH~L~/WIW: I would just like to make a comment to the Board, and this is more of my assessment of what I see here. We have a situation where a property owner has purchased a parcel of land, determined that he was going to conduct business on this land without proper permitting for that use and has decided to do that, disregarding all notification or proper procedures of doing that. He's been notified that he is in error. He's been notified that he's in violation. He's been issued stop work orders and corrective work orders, and to date still has done nothing to correct the problem. Hasn't even taken out one truckload, according to his own testimony. My concern -- MR. BETHEL: Well, there has been stuff hauled out.'~ MR. LEHMJLNq~: Not according to your own testimony. MR. BETHEL: Not the wood, the concrete. MR. LEHMANN: Okay. My concern is that we're looking very much like Inspector Dantini is mentioning, that we're trying to approach this on a back side. In essence, we have a situation here where it becomes apparent to me that the owner has no intention of correcting it and is asking for further extensions in time to correct the problem as time goes on and work his way out of it, but yet nothing has been done to date. What assurance do we have that something will be done? MR. BETHEL: Like you just said, liens. Lien my house, whatever you got to do. It's a problem, you know. You can't give me the time i!.~.to get it gone, to get rid of it. Then it won't be a problem no more. MR. LEHMAArN: Well, you have had -- you have had since November 18th to at least do something to get rid of the problem. Page 24 January 28, 1999 MR. BETHEL: Well, I understand that. But I'M relating back to ~.~ what I said before, I had to make a livelihood. MR. LEHMANN: Well, I understand that. You have asked for sixty-five days to correct the problem. Almost sixty days has already transpired, in excess of sixty days has already transpired since you were first notified that you had problems. You have already gone past the period of time which you are telling us you would have needed to correct the problem. MR. BETHEL: Well MR. DELANEY: Mr. Chairman, if we don't try to see if we can't even though the circumstances are what they are, Mr. Bethel seems to have the resources to correct it better than anyone else. If we'don't work with this and it lays there and he walks away with it and leaves it, we have a lifelong problem. I don't know who would come in and want to clean up and whatever. It's there, and I admit maybe it wasn't done properly, but the resources that -- the position of just coming do,~n and saying this is it, clean it up or else and he walks away, we have a lifelong problem. Who's going to do it? It's going to lay there and it's going to be one of these cases that just lives forever. These are just thoughts that's running through my mind. If we can find some sort of solution. Maybe -- is it a possibility he can get a special permit, limited special permit to grind up these? I don't know. Is this possib!e~ And how long would it take? ' MR. C~fLER: I don't know whether he can do that or "not. But not prejudging what your answer is going to be, but even if you found a violation, you're still going to -~ under your normal rules and regulations, you're still going to give some period of time for compliance prior to a fine kickzng ~n. So you're still going to have to deal with that issue no matter what you do. I don't know if there's any kind of special permitting. MR. DELANEY: My thought is it will just lie there and we have got liens that's run up to three hundred thousand dollars on one piece of property or a house that's worth fifteen thousand. And if there's a way to find something here, this would be my preference. MS. ARNOLD: To answer you, Mr. Delaney, there isn't a special permit that I am aware of that would allow Mr. Bethel to grind up the debris that's on the property. As Mr. Cuyter says, the Board would grant some time to correct the violation before the fines started to accrue, but the Board also has the authority to give staff authority to abate the violation as well, if they so choose fit. So I mean, it wouldn't be one of those -- it wouldn't necessarily have to be one of those cases where the violation just sits there unabated. MR. C~fLER: If staff abated i~, would the',.' haul it away or ~'ou~d they grind it on premises? ~ MS. ARNOLD: We would probably have to haul it away.~ Part of the problem that we have with this particular case is that upon the initial notice of the investigator, the respondent chose to -- I think, did he bring any more -- he continued to bring more cf the debris onto the property, and so it became a bigger problem than -- MR. DELA~;EY: Who is hauling all of this in? Could I ask? Are Page 25 you? January 28, 1999 MR. BETHEL: We haul a lot of it. MR. DELANEY: Do you see the position you're putting us in? MR. BETHEL: I agree, and I put myself in this position. But the only way I can see to get out of this position is to let me go in there and grind it to make it mulch and be done with it. That solves the -- solves the whole deal. You're sitting here telling me you can lien my house and everything else. What, am I going to have my house liened and my vehicle and my checking account and my business and everything else, you know, for two weeks' worth of work in there three weeks' worth of work in there? ' MR. DELA~;EY: That's what we're trying to avoid. MR. BETHEL: I understand. And I thank you for frying to understand that. You seem to be the only one that is t~yinc tc do that. MR. DELA~[Ey: Well, don't say that. C~I~3d; FLEGAL: We can't get you a permit, unfortunately. MR. BETHEL: Okay. So give me so much time to clean it up and don't come out there to look to see what i an doin= and then you come back and it will be mulch. MR. DEL~L.'~;EY: Help us out here. Help us cu~ Wka~ can we do tc take a positive step? ' MR. BETHEL: Because I can tell you, if i cc~ [o ~uck it out of there, it will be there a long time. You can fine me and fine me and fine me and fine me, but it's not that I don't want to haul it out, it's just that I can't afford to haul it out. So, you know, fine me and fine me and fine me, it's still going to be there, i'm still not going to have the money to haul it out. I'm still not going to have the money to pay the fine. MS. ~R/qOLD: I just -- I don't understand why it would take a long time when they agreed to the -- the now property o',zners that all of the debris would be moved by March. So I have a question as to the amount of time. But the Board is in a difficult situation where we can't grant him any, you know, permit or authorization to grind it on the property. This issue has already been before the Board of County Commissioners, and they thought that it was not appropriate to have that type of operation on this property. MR. BETHEL: Okay. So give me so much time to do it, get it out, and then fine me for grinding it. Fine me for the grinder being in there. I'm willing to do that. Whatever it is that I am not supposed to be there grinding, fine me that per day and I'll pay that. CHAIRM3U~ FLEGAL: Well, we can't do that part of it. Ken, let me ask you a question. If, and I don't know what the pleasure of the other members are -- I'm trying to think out loud a little bit. if we gave Mr. Bethel some time, "X," to resolve his problem, however he resolved it, and we don't want to know how it's resolved, we just want you to resolve it, and at that time some type of fine were to kick in if he doesn't, but as an added condition, that if we make this decision today, we give you "X" days. At the end of "X" days, the fine kicks in. But as of today, if you bring one more truckload of anything on that property, the days, whatever they are, Page 26 January 28, 1999 are automatically cancelled and the fine goes'into effect immediately. In other words, if I gave him sixty days to clean it up. At the end of sixty days it's two hundred fifty bucks a day, but tomorrow he brings a truckload on. The sixty days are automatically.~cancelled and the two hundred fifty bucks starts tomorrow. Can we do that? MR. Cb'YLER: That's unusual, but I think you could do that. I think you would need to make it clear that the length cf time that you're providing is for removal of the debris on site. CHAIP3~ FLEGAL: Correct. MR. CUYLER: Auld anything in addition to that, then under those circumstances he's not going to have that time for compliance to' remove the material, because in effect he's replacing it as he gets rid of it, if he's bringing new materials on site So it's unusual but yeah. ' , CF~I~4A/.; FLEGAL: In other words, I don't want him to be working towards solving the problem but at the same time, you know, today he grinds up two truck loads but he delivers three truck loads and at the end of sixty days you go out there and he's still trucking stuff in and there's piles of junk. - MR. C~fLER: Right. I would make it akin to someone who says you can give me ten days or you can give me a thousand days, I'm not doing it. You might as well set the ten days if they're saying they're not going to do it. ~md if he's bringing more materials on, then in effect that would be the same thing. CHAI~4A/~ FLEGA_L: Right, right. In other words, he . said he would take care of the problem. If we want to give him the benefit of the doubt as an incentive for him to keep his word, if we do, in fact, agree to give him some type of time, I also want it, I think, to make sure he does it, that he understands if, you know -- as soon as you violate it, you're hurting yourself. You have just -- you have shot yourself in the foot and we can't help you. We will try to help you but you have got to help yourself, too. ' MR. CUYLER: And with regard to the first part of what you just mentioned, that is, a period of time, I think you can say, you know, you know what the laws are. We're giving you a certain period of time to clean it up, you know. We expect you to do that within the constraints of the law, but you have "X" number of days, and if there's some further violation, as Mr. Bethel said, that can be handled separate!v from whatever your instructions are on the time period. CHAi~=A/{ FLEGkL: Okay. MS. DUSEK: Mr. Chairman, question. I like your idea. Should we divide this violation so that there is a violation for the waste the debris there and a violation for the ~ { ' ~-a.ler or a time frame for should tke time frame be the same? Should it be just -- do you understand what I am saying? CF~I~AN FLEGAL: Yeah, I understand. I think if he[s going to try to get the proper paperwork, that will solve the trailer problem, because that's part of it. · MR. BETHEL: That will solve all my problems but the wood being there. Page 27 January 28, 1999 C}:.AI~4A2~ FLEGAL: If he gets the proper paperwork, then he's solved his problem because he will be permitted to do whateuer. MR. BETHEL: Exactly. CHAIRMAN FLEGAL: Rather than try to break it do~ MR. BETHEL: I will have a permit to do everything but haul it in and store it there. CHAIPd~AN FLEGAL: Right. MR. BETHEL: I will have a permit for the trailer to be there. C~IP~MA2~ FLEGAL: I think that would be eliminated by the proper permits So I think just -- I think it should still be one violation and with "X" amount of time, and if it fails, "X" amount of dollars per day. And if he -- as I suggested, if he violates by bringing more materials on after we make our decision today, that automatically cancels out the days and the violation -- the monetary violation would go into effect immediately. Something like that. MR. C~fLER: There might be an opportunity for Miss Louviere or somebody else to get -- they may have a better chance at. a one-time permit to clean the property in terms of grinding it up than an ongoing operation that's going to be there forever. I assume the conditional use was for permanent grinding operations. MR. BETHEL: Five years. MR. C~fLER: They were going to ask for five years. I mean, there may be an opportunity for Miss Louviere to through the Board or staff or whatever to pursue a one-time cleanup of the property, that's the end. MR. DELANEY: i like the sound of this. I like the sound of this. CHAIPJ~J~; FLEGAL: It may be a -- strange way to say this, but it may be a help, whatever we decide today, for someone like Mireya to take in her hand and say well, you know, he really does need a temporary conditional whatever to get out of this problem. That may help you and give you additional time. MR. BETHEL: Let me ask you this, and this is not for you to answer and I am not sure you can even answer it. But what -- I would think there would have to be some way, because what if on ten acres that nobody owned, and you weren't allowed to grind it on the site MR. DELJLNEY: We don't want.to get into this. MR. BETHEL: -- but you had to -- I mean, there has to be a way to get some temporary CHAIRMA~ FLEGAL: Unfortunately, unless something s[range has happened, every piece of land in the State of Florida is owned by somebody. Every piece of dirt is o~ed by somebody, whether it's a person or a company or the state. Everybody o~]s something, so there is no such thing as land that's not owned. MR. DE~,;EY: May I question Mireya again? MS. LOLrVIERE: Sure. MR. DELANEY: This -- this -- MS. LOUVIERE: I just want to go on record again stating that i am not representing him on this hearing at all I jus~ want to say that. ' MR. DELANEY: And that's acknowledged. ~e're kind of appreciative of your expertise. It's happenstance, we're aware of Page 28 January 28, 1999 that, but nonetheless, in searching for a solution, I feel fortunate that we do have your knowledge of it. MS. LOUVIERE: I am glad to be of help. MR. DELANEY: And we're not holding you in any way as representative or speaking MS. LOUVIERE: I feel very uncomfortable with this case. So go ahead. MR. DELANEY: Is there -- with your knowledge, is this cOnditional permit, one-time clean-up permit, grinding on the property, something that's feasible? MS. LOUVIERE: I wouldn't call it a conditional use. A conditional use is something that's very specific land use, that'it goes with the land for the term for whatever the Board decided to give it. Like in this case, I was asking for a five-year conditional use. Conditional uses -- I just want to go into that for a little bit. MR. DELANEY: Go ahead. MS. LOUVIERE: Conditional uses are usually very -- they're just that. They're unusual uses, and the Board likes to put conditions on it. I do not know -- I have never attempted to get a one-time grinding permit of that nature. I am sure that maybe it's something that administratively can be granted by maybe Bob Mulhere or someone like that, especially if they have this Board's suggestion in order to clean up and abate this issue. MR. DELA~;EY: But you have addressed the County Commissioners on various occasions, right? MS. LOUVIERE: I have addressed the County Commissioners on planning and development, on variances, on easement relocations, on, you know, conditional uses, which I do not like to do. MR. DELANEY: I don't foresee a five-year conditional use. MS. LOUVIERE: Oh, no, not at all. What I am hearing from the Board is like a very limited, you know, thirty day MR. DELAJ~EY: Sixty day. MS. LOUVIERE: -- sixty day, whatever, permit to grind what's existing there to make it into the finished product. MR. DELANEY: Exactly. MS. LOUVIERE: And then, you know -- because they did contact me to get the right-of-way and to get the excavation permit, which is what's holding them back from getting an S.D.P. MR. DELANEY: Michelle, if this is ground up, is this something you can live with? MS. ARNOLD: Well, he is permitted to store mulch on his property, but he's not permitted to grind on the property. You know, I am willing tc talk to the planning director to see whether or not there's any -- MR. DELA~;EY: But can you live with mulch on this property? Is this something that's -- MS. ~u~OLD: With mulch, it's permitted on the property, yes. So that's where we're at. Mr. Chairman, any thoughts? You're very good at CHAI~uXN FLEGAL: I am kind of worn out. I was trying to find a way to make everybody happy and give him a chance to do what he says he will do. At the same time, if he disappoints us, to make him Page 29 January 28, 1999 understand that there is a penalty for disappointing us. I really don't see any other way. I understand your plight. I wish we could help you, but we can't other than giving you some time and hoping that you, by whatever means, in compliance with Collier County, solve the problem. I think Mireya is more than happy to work with you, and I think Michelle will do whatever she can to try and help you. If there's somebody that she could talk to, I'm sure she would do that. I think we're at the point now where we have probably talked it to death. I think the Board needs to come up with whatever we might like to do as a Board. MR. PONTE: Without trying to confuse it further, but the n~w o'~ner has to obtain a site development plan; is that correct? MR. C~fLER: I don't think the new owner is going to take possession for several years, so they wouldn't be doing anything with regard to -- I think the only thing in the hopper right now is the S.D.P. that this gentleman is trying to get for the nursery. CF~IP~N FLEGAL: I would suspect the paperwork, since he no longer owns it, is that it's owr, ed by somebody else but leased to him, so the new owner is just -- he just o'ers the property and he's leased it away. MR. PONTE: I guess my question is how -- it sounded as if the -- the authority responsible for the site development plan sort of lost it, misplaced it, misfiled it, seeing that the property was sold. Now, if we're back to square one, what's our timetable? I mean, how soon can a site development plan be obtained? MS. AP2~OLD: The site development plan isn't lost. It's in our planning department. I think it's a matter of modifying the application to indicate who the true owner is and who the lessee is. MR..PONTE: How long do you think that would take? MS. A3~HOLD: It's a matter of the applicant doing that. And I believe staff has already begun review of the site development plan. CF~IP~M3%N FLEGAL: I think, as I said before, this is probably a one- or two-page piece of paper with the new deed attached or something. MR. PONTE: How long will it take the county to -- CHAI~MA2~ FLEGAL: I can't help you there. MS. LO~JIERE: There's also the issue of the excavation permit and the right-of-way permit. The excavation permit is going to need a bond, okay, attached to that, so there will be additional time that will be associated with that. The excavation permit is usually reviewed by, you know, one entity, and the right-of-way permit is usually reviewed by another entity, and then they give those final recommendations to the person. MS. AR/qOLD: I wouldn't know how long a process with all of these other entities involved -- I don't know if Mireya has a better idea than I do how long something like that would take. MR. PONTE: The reason I'm asking the question is, before we come up with anything with a suggestion of a timetable on it, what's realistic? CHAI~uA/~ FLEGAL: Well, I think in that area of the paperwork, I kind of fall back that when it was turned down by the County Page 30 January 28, 1999 Commissioners for whatever reason, the then owners and whoever the}, had working for them should have been trying to solve the problem. MR. BETHEL: But the S.D.P. now -- I mean, no matter how long it takes, if I clean that up and get it out of there, then I am just waiting on an S.D.P., there's nothing else happening on the land. CHAIRMAN FLEGAL: I understand. What I am trying to explain to him is, the processing of the paperwork, he should have been working on. I don't believe we should give him time to solve that. He should have been doing that. If he hasn't been, that's his problem. I am only willing to give him time to clean up the land and ~- MR. BETHEL: And if it takes me a year to get an S.D.P. or not. C~IPaMAN FLEGAL: And if he doesn't come up with the proper' paperwork, all he's got is a lease and a piece of dirt sitting out there that he can't use. MR. BETHEL: Exactly. C~IP34AN FLEGAL: And if he uses it, then these people will be back before us and we will hammer him harder. MR. BETHEL: I agree. You're right, it doesn't matter if it takes a year cr two years to get an S.D.P., once the stuff's cleaned up and I'm not using it anymore, I'm not even sure that I need one. CP~I~; FLEGAL: Right. Yeah. All kind of decisions may change once you get it cleaned up. You may decide that this isn't really what you want to do. Okay. ~nything else from the Board or do we want to try to come up with a -- a conclusicn that we can put forth to Mr. Bethel? Any recommendations? MR. PONTE: Well, yeah, I would suggest -- I thcught., you came up with a unique and workable idea. It's just a matter of putting it into -- verbalizing it, having it meet the form. But I think you're -- it's clear. The first thing is does the Board agree on the intent of what you're going to do and then let you roll with it. CHAIRMAn; FLEGAL: I am open to suggestions. MS. DUSEK: If you would like, I'll put it into a motion and then we can work on it from there. Looking at what the staff has recommended, which is a hundred dollars a day, I would like to make a motion that we give Mr. Bethel sixty days, which is what he told the present owners that he was going to do. In the event that any more debris is brought on the property, that the fine that we impose will begin that day. ;~d that fine I would suggest would be one hundred dollars a day. MR. BETHEL: That's fair enough. But I got sixty days to clean it up? MS. DUSEK: Yes. MR. BETHEL: If I get it cleaned up within the sixty days -- or if you agree on sixty days, I have got sixty days and i dcn't get fined anything? CP~I~iAN FLEGAL: At the end of sixty days ~= ' , ~ ~t's not cleaned up, you get fined. MR BETHEL: But if within the six~, ' ~ ~ ' · ~ days it s a~l gone I m not fined? CHAIRMuA2; FLEGAL: Correct· It just goes away. MR. C~fLER: As long as no new materials come in. Page 31 ................ I I - -~1111 III ..... II IIII .......... 3 January 28, 1999 MR. BETHEL: Exactly. I understand that. i.~. CHAIP~MA/{ FLEGAL: Now I guess the question for the Board is, Miss .~ Dusek made this sixty days, plus the hundred dollars, plus if he '" brings anything in as of once we agree, it would abate the sixty-day time limit and the fine would kick in immediately. Is the -- is that amenable to everyone, the sixty days, the hundred dollars and the cancellation if he does something? MR. PONTE: I think we have a motion, don't we? ........ MR. DELILNEY: Well, except for one comment. I would like to -- once -- a banker always told me, always ask for more money than you need. I would rather have a little more time and see you do work and be tied into that. What I am after is for you to get started and maybe finish it and make us happy before the sixty days. Does the Board have any objections in extending it more than sixty days so that we don't have to come back? MR. LEHMA~: May I ask a question of Mr. Cuyler? As I understand it, the Board can impose an action and then go back at a later date and modify that action; is that correct? MR. C~fLER: That's correct. As a matter of fact, because of the length of time for compliance in this case, you could -- 'I mean, normally it's ten days or three days or whatever it is, but you could set a sixty-day compliance date and ask for an update from staff at your next monthly meeting. I m assuming we're going to have one next month? MS. ARJ;OLD: Yes. MR. C~fLER: ~nd if it looks like things are proceeding in good faith but won't make the sixty days, you could modify it at that time. If it looks like things are on course, then you could leave it at the .... sixty days. MR. DELA2;EY: I can live with that. MR. LEHMA/qN: Let me ask the second question, then. What is the maximum fine that the Board can impose at this point in time? MR. C~fLER: It's two hundred fifty dollars for each day that the violation exists after the compliance period ends. CHAIP~D'~; FLEGAL: Peter, you need to understand that we cannot raise the fine. MR. LE~4A_NN: I understand that. CHAIP_MA2~ FLEGAL: Okay. We can always bring it down, but we · - can't take it up. In other words, we could extend the sikty days but " we couldn't change a hundred dollars to a hundred and fifty. MR. LEHMA2~: A_nd the reason I asked this question is, I believe with my colleague that we should ask for more than what we really need but in the opposite sense. I think that at this point in time, this .. ~ particular respondent has shown no desire to have any activity in [{ i.!.vcorrecting.~ the problem. I think that we should probably ask for a ": thirty-day period instead and ask for a two hundred fifty dollar per ! .~>.da¥ penalty, but bearing in mind that during our next meeting, I would il.[!.~-['.~ask prior to that, that our inspector go out on the site and verify .~Us~.~that things are happeninglo~ We can always reduce that fine. We have no .'iib~[/'"ability to increase it. if the respondent is reacting to our {~i-%" request and actually doing what we're looking to have done, which is .,,,:-.-to have the case settled. We're not really looking to pull money out Page 32 January 28, 1999 of anybody, but we use that just as a tool as an end -- as a means to the end. We can always reduce that fine at a later date. If the respondent is doing exactly what he says he's going to do and is taking care of the problem, we can always reduce it or nullify it. But if we start out with a hundred dollars, there's no way that we have a stick at that point in time to apply more pressure to the respondent to do something that he is not doing. MR. BETHEL: I agree to that and I am willing to go 'along with that, but thirty days is -- I mean, it's not impossible, but it's -- it's almost impossible. I mean, I understand what you're saying, but then I don't want to come back in here and us be talking about it again, well, you only got this much done in thirty days. You know, if I was to come -- I'd come back at your next meeting and bring pictures and video or whatever. If I had, you know, the sixty days, that I am liable to be done in that sixty days. You know what I'm saying? I don't want to be back here saying well, you only got, you know, this much done, you know, or you have done a lot, you know. And I just think in slxty days that I could almost be done with it in sixty days. Because I could finish the job I'm on now and go right there and do that and knock it out. But I don't want to, you know, hold myself to anything. I want to know that I have "X" amount of days. MR. LEHM32~: Possibly a solution to that is Mr. Bethel had indicated earlier it would take him thirty-five days to complete this project. That was his testimony earlier. I say we give him thirty-five days. And we can always extend that if we need to. MR. DELANEY: Nothing can get done in thirty-five days. It just doesn't work that way. It just doesn't work that way. We have offered sixty, i don't know see why there's -- I don't see anything out there that's of such magnitude that it's this strong of a blight or anything on the county. I think it's something in an'outlying area. It's not in a neighborhood that immediate work is necessary. I get the impression that he will work with us. I will say this is a very forceful young man, and I think this is good. But I want to stay with at least the sixty days, because I don't want to come back and have him afraid that they're going to run against the clock. MR. PONTE: The idea of thirty days, however, serves as a benchmark. As long as it's understood it's a benchmark date, we could ask staff to report to us on what progress is bein9 made. And we must think in terms of something that's reasonable and prudent. We don't expect it to be cleared in thirty days, but we certainly expect it to be well under way in thirty days. And the idea of putting the fine at two fifty I think is right. This Board has had experience in the past of being very generous and sympathetic and having put in low fines and having them turn into scofflaws. So I think two hundred and fifty dollars is a good idea. We can always reduce it. And the thirty days is a benchmark date. CHAIPdV~A~ FLEGAL: Would it -- MS. DUSEK: Mr. Chairman. C~1IRFb~ FLEGAL: Yes, ma'am. MS. DUSEK: I did put a motion on the floor, i would like to modify it. I would like to modify it to stay with the sixty days but raise the fine to two hundred and fifty dollars. Page 33 MR. MUELLER: January 28, 1999 I will second that motion. .~'~ '~CHAIRMA2~ FLEGAL: Okay. We now have a motion with a second for . .~'[/~ sixty days and two hundred fifty dollars. i~k,~.~ i .'i Does your motion include that if he brings.in -- MS DUSEK: That if he -- everything else in the motion stands, just that part. "~. ~ MR. BETHEL: Okay. I agree with that. Now, in the end of that 'sixty days, if I don't have it all gone, do I get fined the two hundred fifty dollars? Or if I have three quarters of it gone, do I, .know -- I mean, or is the sixty days a one-shot deal? '~ ~ ;'~ -~CHAIR/~ FLEGAL: That would be a decision of the Board. You :ome before us and ask us to give you some more time. ° ' MR. BETHEL: Okay. ~ MR. CU-YLER: Without any further action of the Board, what that ~ means is on the sixty-first day, unless staff has issued a piece of .~.. ~.paper that says you're in compliance, two hundred fifty dollars per day would start on the sixty-first day. Now, you could come back to the Board and say I'm within five days of finishing. They have the discretion to give you another five or ten days or whatever. But the ~i~:~.~[ way that it sits right now, without any further action, on the sixty-first day the fines start. ~?~.~ ~ MR. BETHEL: Okay. MS. DUSEK: Now, understand, also, if you were to bring anything else on the property -- MR. BETHEL: We haven't brought anything in there in almost a ......... 'month and a half. MS. DUSEK: But you understand? MR. BETHEL: · I solely understand. I understand. MR. MUELLER: That's part of your motion. ~' MS. DUSEK: Yes, that ~s part of the motion. ~i~i~i!i C~IP_WJLN FLEGAL: So we're down to the motion and the second for the sixty days. knd if he brings anything on during the sixty days, the sixty days is automatically cancelled and a fine of two hundred and fifty dollars a day at the end of sixty days. We have a motion and a second. ..... Ail of those in favor, signify by saying aye. (Aye.) CS~IP34A2; FLEGA_L: Those opposed? (No response.) CF~IRFuXN FLEGAL: Okay. Now comes the hard part, putting all of that into some form. Mr. Cuyler, part of our sample of findings of facts and conclusions is that -- one of the statements that we say is Mr. or ' ' Mrs. or corporation "X" is the owner of the prope~'~' In this case would I be violating anything if I said that Bethels are the lessee of the property? MR. CUYLER: No. You could say' they are the lessee and the '~[~ii charged parties. CF. AI~AN FLEGAL: Okay. You can sit down. Thank you very much. "~'~>~'~ (Brief discussion off the record while court reporter made a laper change.) Page 34 January 28, 1999 CF~I~!A~; FLEGAL: We will try this. Mr. Cuyler, if I leave something out, please s~ep in. Findings of fact, conclusions of law and order of the Board. This is Board of Collier County Commissioners versus l.;orris W. Bethel, Lance K. Bethel, d/b/a Southern Wood Recyclers. This cause came on for public hearing before the Board January 28, 1999, and the Board having heard testimon':' under oath, received evidence and heard arguments respective to all appropriate matters, and thereupon issues its finding of fact, conclusions of law and order of the Board as follows: One, that Southern Wood Recyclers, Mr. Norris W. Bethel and Lance K. Bethel, are the lessees of the recorded subject property. Two, that the Code Enforcement Board has jurisdiction of the person of the respondent and that Southern Wood Recyclers was present at the public hearing. All notices required by Collier County Ordinance No 92-80 have been properly issued. That the real property legally described as Section 25, Township 48, Range 26, Parcel 23, is in violation of Sections o- is that one point -- that's 1.5.6, 2.1.15 -- is that all of them -- 2.7.6, paragraphs one and five of Ordinance 91-102, Ordinance 93-64. MR. PONTE: six-o-four. CHAI~!A~; FLEGAL: Is it six-o-four or sixty-four? sixty-four is what I thought. Sixty-four, Section 4. And Ordinance 91-47, Section 6 and 7. The conclusions of law as follows: That Southern Wood Recyclers is in violation of sections -- and I have just described them all above. Rather than repeat them, if you just copy them all down there, please, of the Collier County Land ~!i!~i.il/-iliDevelopment Code right-of-way ordinance and litter ordinances. Based upon the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 162, Florida Statutes and Collier County ordinance No. 92-80, it is hereby ordered first that the respondent correct the violations as stated above in the following manner: One, you are to either remove all violations, the trailer, the i[~i~.-[~-wood, the litter, concrete, rebar, whatever is out the.re, and/or get the proper permits to have that facility. Is that -- MR. C~fLER: Sounds good, yeah. CHAIP24A/~ FLEGAL: Two, that said corrections be completed on or before -- see if I can find it -- today is the 28th, so we'll go -- let's make it the 29th of March, 1999. MS. ~;OLD: What was that date, I'm sorry? CF~I?3~3d~ FLEGAL: Twenty-nine March. And if respondent does not comply with this order on or before that date, then -- and in the event the respondent is ordered to pay a fine of two hundred and fifty dollars per day for each and every day the violation described herein continues past tkat date. Additionally, if during the sixty day period the respondent gs any additional materials of any type onto the property, the Board would deem that a violation of this order and the sixty-day .~ period will be terminated immediately and the fine o[ two hundred and ~ fifty dollars will begin automatically on the day the respondent Page 35 January 28, 1999 violates the order. Failure to comply with the order within the specified time will -result in the recording of a lien pursuant to Chapter 162, Florida Statutes, which may be foreclosed and respondent's property sold to enforce the lien, understanding property is personal property. MR. BETHEL: If I am like five days short and they say I can -- you know, i got like three days left to get it done or do I just pay that fine or what? CHAI~4AN FLEGAL: No. That isn't in the order. At the end of sixty days, if you have not complied, the two fifty kicks in. If you need additional time, I would recommend that you go to Code Enforcement, talk to them and ask them to come before the Board on your behalf or you come before the Board on your behalf and ask for an extension. Is that all I need to do Mr. Cuyler? MR. CUYLER: Correct. CHAIRMAN FLEGAL: Okay. All right. MR. C~fLER: Would you take a motion on that order that you just read?cF~iRFJd~ FLEGAL: Okay. Now that I have read the findings of fact, conclusions of law and order the board, could I have a motion to do that? MS. DUSEK: I so move. MR. PCNTE: I'll second the motion. Ci~LAI~A!~ FLEGAL: We ha';e a motion and a second All those in favor, signify by saying aye. (Aye.) CHAIRMAN FLEGAL: Any opposed? (No response.) CHAIP~iAN FLEGAL: Thank you for that one. Mr. Bethel, we appreciate it, and good luck in getting it cleaned up. Hopefully we will not see you again. Not that we don't like you, we just don't want to see you. All right. Next item. MS. AP~;OLD: The next item is new business, Board meeting dates. In March you will have a new counsel for the Board. And Jean Rawson is currently the counsel for the South Board and after February, the South Board will no longer be in existence. And she has asked whether or not we can consider changing the dates of this meeting because there's a conflict that she has on the fourth Thursday. Currently the South Board is meeting the second Friday of every month. And I didn't know whether or not you-all had a problem with that. CHAI~6AN FLEGAL: I personally don't have a problem with -changing the dates. So it's at the pleasure o~ the other members. MR. DELANEY: No problem. ~ ~ I may have a problem with that but I'll work 's around it. :: CF~I~{J~N FLEGAL: I mean, do you think you can do it? we don't want to have you not appear. ' MR. LEHNL~NI: At this point in time, Mondays, Wednesdays, Fridays }'../.are fairly well set dates for me. Tuesdays and Thursdays work best. Page 36 January 28, 1999 But if we need to, we will work around it. MS. AP~NOLD: We might be able -- I'll have tc check with Jean Rawson to see what other dates are available. CHAIPJ4AN FLEGAL: Let's do that. Since he has set dates on Monday, Wednesday and Friday, let's see if we can pick, you know, 3Thursdays as a possibility. I think that would work out" so that we _can -- MR. MUELLER: The other board -- CHAIP3~AN FLEGAL: The other board is going to disappear, so it's .immaterial. MS. ARNOLD: MR. MUELLER: MS. ARNOLD: MR. MUELLER: MR. MUELLER: isn't it? MS. AJ~NOLD: MR. MUELLER: MS. AR~;OLD: MR. MUELLER: MS. AP~OLD: The other board meets Fridays, second Fridays. Who had the conflict with Thursday, Michelle?° Jean Rawson, the counsel for the South Board. Are we going to have counsel for the North Board? MR. CUYLER: You're going to have a new attorney for your board. The other board is going to go away, and the attorney for the other board is going to be your attorney. Her objection to Thursday is irrelevant, then, She will be your counsel for this board. And she has a conflict with Thursday? And she has a conflict. Correct. The fourth Thursday is a conflict for her. CHAI~%AN FLEGAL: That's the fourth Thursday, but not the second t ~Thursday? MS. AR/~OLD: I am not sure about any other Thursday but the Thursday that you-all are currently meeting on a regular~basis. CHAIRM~ FLEGA~L: Rather than the second Friday, let's see if we can get the second Thursday so that we can get Peter here. MR. MUELLER: I don't like Friday. CHAIRMAN FLEGAL: See if that will work. If that second Thursday -will work and -- I think all of us are amenable to that, you know. But Friday is a no because then one of our men, ers will be never be able to attend and that's not fair. MS. AP~OLD: And I'll give you-all a letter indicating, you know, -yea or nay on the second Thursday or what other dates there may be available to her schedule. CHAI~4AN FLEGAL: Okay. Any other items on meeting dates? MS. A/~OLD: No. CHAIRMAN FLEGAL: Okay. Any old business? How about reports? i know, unfortunately, we have had our County Attorney sitting there listening and waiting patiently and we appreciate you waiting. MS. VASQUEZ: Good morning. Melissa Vasquez, for the record, assistant county attorney. MS. ~qNOLD: Teresa is going to be handing out an updated spreadsheet for you-all and some location maps of the properties that were on that list that you were provided. CHAIP2~uAN FLEGAL: Yes, ma'am. MS. VASQUEZ: Today we're just here to duly update you on the Page 37 status. MR. DELA2~EY: January 28, 1999 Could you speak up? MS. VASQUEZ: Sure. Today .we're just here to update you on the status of where we are in the foreclosure proceedings. We're actually not quite in the foreclosure proceedings formally in the courts however, staff has put together a list of properties that they believe at this time are potential properties that they would like to foreclose on. At this stage in the game, they are reinspecting the properties. They have already checked to make sure that none of these properties are homesteaded. Again, there is an evaluation process as to the value of the property, the value of the fines, whether it's worthwhile to proceed with foreclosure based upon the value of the property. I think that they're also going to come before you and ask that on some of these you reduce the fines because they are rather large and not really realistic. Maybe the property is worth thirty, forty thousand dollars and the fines are accumulated to four hundred thousand. So they're going to be doing that and recommending to you to reduce those fines and make them more in line with the value of the property and more realistic. And then we're also going to be doing a cost/benefit analysis after those fines have been reduced to see whether, again, it's worthwhile to go through the foreclosure process. It takes approximately, I would say, once we have made the decision and you months is have given the go-ahead to foreclose I would sa',' about six ~probably the best or the shortest period cf time that it's going to take to go through the foreclosure proceeding. And the costs associated with that are approximately two hundred to two thousand dollars depending on some environmental issues. There may be -- I believe maybe Heidi Ashton, assistant county attorney, also spoke to you about some environmental issues that may be presented on some of these properties. The county may have some exceptions for having to clean up those environmental problems, if they exist, if we do it through a foreclosure proceeding. However, if we take a deed in lieu of foreclosure, there may be some issues, the county being responsible for cleaning up potential environmental issues. That's basically where we are. I don't know if Teresa has anything to add as far as the individual properties or if you have an}' questions for me or staff. CHAIR~AN FLEGAL: Ken, I guess my question is to you, if we proceed with these foreclosures -- and going back to not only this property but any property they have, so if they o'~-n more than one piece of property at least in Collier County or I would assume -- would this cover any property in the State of Florida that they own? Let's say they o'wn something up in the Tailahassee area. MR. CUYLER: Yes, I think statute says an',/ property that they ~ve. It's a little more costly sometimes to go out of your urisdiction, but yes, that would be available to you. CtLAIP~t%/.; FLEGAL: Okay. M?.. CU-fLER: And then that would be left over once -- once these go by. I am not sure you want to have a four hundred thousand dollar Page 3 8 January 28, 1999 fine. I agree with the County Attorney's Office. You may very well want to reduce that to something more in line, but you're correct. If you foreclose and you have a fifty thousand dollar fine, you foreclose on a ten thousand dollar piece of property, that doesn't-make the other remaining fine go away. You still have that fine and can still proceed against that. CHAIRMAN FLEGAL: Well, what I'm looking at is before I would want to reduce the fine, I would want my foreclosure to be on each and every item I can reach out and touch, whether it's land in Collier County or somewhere else in Florida, if I have the right to do that, or anything else I can get my hands on that they may have in Florida. And if they own this piece of property and it's not homesteaded; but they own a house in Pelican Bay that is homesteaded, I still have the right to go after personal property, do I not? MR. CUYLER: Correct. MS. VASQUEZ: Okay. And if I could just add -- CHAI~4AN FLEGAL: Yes, ma'am. MS. VASQUEZ: I believe a preliminary investigation as to other real property ownership has been made. Not personal property, but a preliminary investigation from my understanding has been done for most of these properties to see if they o~ any other real property, non-homesteaded real property. MS. PASSMORE: I only have access to Collier County information. I don't have access to the remainder of the state without getting additional information from the company who does the tax rolls and so forth. So I don't know if anybody owns any property outside of Collier County. MS. VASQUEZ: And that can also add, obviously, time to the process. CHAI~4AN FLEGAL: Right. I understand. What I am looking for is, at this stage, since these people obviously didn't want to pay any type of fines and that's how they got to this ungodly number, that rather than say gee, it's four and ten thousand but we'll bring it down to three thousand five hundred and twenty-one and we'll just take this piece of property and let you go away, I think it would be in the interest of everybody that you foreclose on as much as you can so that they understand that when these fines are in, pay them and abate the problem. Not I don't care about this little p~ece of property, they're not going to do anything. If they happen to lose a car or lose a checking account or whatever, that they understand this is serious. That's why we're here. It's all serious business. So that's the reason for my question. I am not real anxious to just reduce the fine to sweep it all under the rug. MS. VASQUEZ: I understand. I just wanted to mention that because, as I said, one of them is approximately four hundred thousand dollars. CHAIR~b~.; FLEGAL: Right. MS. VASQUEZ: And I don't necessarily think that's realistic unless they own -- CHAI~4A/~ FLEGAL: And not knowing the person, I mean, I don't Okay. I understand that part of it. MS. VASQUEZ: Those things will be investigated. Page 39 January 28, 1999 CHAIRMAN FLEGAL: That's -- that's what I was looking at. So I think in looking at this, what happened with the First Bank of Immokalee since it's not on our list? MS. VASQUEZ: Actually the list is a little bit shorter. The First Bank of Immokalee actually paid a few weeks ago,' I believe, so ~hat has been cleared up. There is one other item on here that has been taken off and the name escapes me, but that was foreclosed upon by the bank and we were down the line below the bank so -- MS. AP~;OLD: That was on the Geatches' case. MR. DELA~NEY: Mr. Chairman, this sort of comes under the heading of this free thinking type thing, whatever that means. But I -- when you start going after people's property, I am always reluctant -- to keep tile reins of government in check. It's my belief that the biggest threat to our way of life is not insurrection or overthrow of foreign power, but our own government. And having said'that, I would like a little more individual analysis on what's prudent I suppose is the word in these cases. If the people haven't got anything, can we look just to the property itself to satisfy these liens? Teresa, do you guys have any way of knowing or making a better or prudent call on what you want to recommend on these individual items? Do you have any way of knowing? MS. PASSMORE: As far as personal properties involved in this, I have no legal access to get any checking account information or, you know, personal property to see if the value of those items or property in comparison and added to the, I guess, appraisal of the property would accommodate the fines that we have in existence. I don't have the ability to get that information. MR. DELANEY: If some of these is a widow woman that's down on her luck, whatever, just a hardship case -- MS. VASQUEZ: Those issues are -- I think you have to take a look at the individual cases. And staff would have that -- those facts available to you -- I mean, not necessarily that she was a widower, but -- MR. DELANEY: I cuess what I'm asking is,' is it possible if we can ask you for an individual analysis of each case and a recommendation, whether or not just take the property and -- MS. VASQUEZ: I think staff intends to do that. MR. DELANEY: I'm always reluctant to see things drag -- our courts are clogged now, and paperwork is clogged. So this is just from my individual perspective. MS. VASQUEZ: I think there's also going to be an effort by staff to send a letter to each of the property owners saying this is the status of your liens. The board has or is going to give us the ~!authority to move forward with foreclosure proceedings. This is your last chance, basically, to try to pay off your fines before we start that process. MR. DELANEY: Because if we got some of these that have some big deep pockets somewhere that's just flaunting along, fine. I have no -- say okay. But if they're hardship cases, I guess this would make me feel better in which way to go. Page 40 C}bAIPdiAN FLEGAL: January 28, 1999 Ms. Vasquez, where do we stand in updating our ordinance? It s into our MS. VASQUEZ: We have a draft in process. , come office and I have sent it back to the Code Enforcement Department. - Michelle is looking at it again making sure there's nothing else that she wants to add or change. ?,! ' And then we have to send it out for advertising before it goes · before the B.C.C. So we're probably looking at March. And they're :i~only meeting twice a month now, so I would say the end of March. ~ CHAIRMAN FLEGAL: Okay. The reason I say that is, until we get that into effect, all the cases we go through put us back into the position we're in now where we're not in the correct position. 7-~ ~ MS. VASQUEZ: And I can't speak for Michelle, but I believe she ~-q?~[~ said she was going to be finalizing that this week for the county attorney's review again. CHAIRMA/q FLEGAL: Okay. The sooner we can get in that position, /'.i'~ ~ the better it is. ~ MS. PASSMORE: If I may real quick, Mr. Chairman, some of the board members may notice that you don't have maps for every property that's on that list. It's because there were a couple properties that were in question, like Mr. Bill Z. where it's not his fault. We didn't really intend to go full forward on the foreclosure. That's why I didn't necessarily include him in the main properties that we're looking at. And the same with Hill. Michelle asked me to mention that we dc have a particular question, and I guess the County Attorney's office is going to assist us with that. It's the way the crder was stated. The fines were against one person who is no longer the property owner. ~' ~ A_nd that would be a question as to whether or not we can foreclose '~.~. on that one. That was going to be the Hill case. MS VASQUEZ: Right. I believe there was some oddity about that '- ' initially the order was against both Mr. . if. particular case. It was -- and Mrs. Hill, but -- and I believe Mrs. Hill may have been the owner ~ f' and Mr. Hill was leasing the property or on the property. I'm not sure whether it was illegally, but it was through a divorce 2 proceeding. And she is actually the c.~er of the property and Mr. Hill was the one that was creating and doing the violating. Amd the order initially was against both parties and then Mrs. Hill came back to the Board and asked that the order only be against Mr. Hill because she had no access to the property. He was not allowing her to get on the property to do any of the cleanup or anything like that. So the final order is only against Mr. Hill and not Mrs. }{ill, and I belieue she is the actual owner of the property. CHAIRMAN FLEGAL: Convenient. MS. VASQUEZ: But i do believe that it has been corrected, '--~: violation has been corrected. CHAIRMld~ FLEGAL: Okay. Thank you. Anybody have any other questions about that? MR. MI3ELLER: I do, Mr. chairman. I am still a !it~le confused as to whether penalties run with the property or with the defendant. I am hearing, for example, if you ha';e got four hundred thousand dollar fines and a forty thousand dollar property, you have to reduce -. Page 41 January' 28, 1999 those fines, otherwise the balance will hang with the property. And then I hear that you can go after a defendant for all of his other properties. CHAIRMAN FLEGAL: Correct. MR. MUELLER: Would you make it clear to me the trail of the fine? Does the fine go strictly with the property or does it have one leg on the defendant and one leg on the property? ...... MR. C~fLER: The fines do not go with the property per se. They go with the respondent or the defendant. If, for example, it is homestead property and that is all of the property that they have, you can't foreclose against homestead property. So you wouldn't be able to proceed against their property. If they own homestead property and another property, you could proceed against the other property. If they o'~ no property, you can proceed against any o[ their assets, car, boat, refrigerator, checking account, stocks, bonds, whatever it might be. So it goes with the defendant. It's just usually the fact that if it's commercial property, for example, that's not going to be homestead. If they own that piece of property, you carl proceed against that property. MR. MUELLER: Why would it be necessary to reduce the fine from four hundred thousand dc~ to forty MR. CLrYLER: It's not -- MR. MUELLER: -- the appraised value of the property? , ~o~ney s MR. C~fLER: It s not necessary'. I think the County At~ ~ ' office position is if you go into court and foreclose on a forty thousand piece of property for a lien of four hundred thousand, you're not going to impress the judge any by doing that. You might want to bring ~t into a fifty or sixty thousand dollar range so it looks a little more reasonable. Although nothing legally would require you to do that. /¥~?:'' MR. MUELLER: Thank you. CHAIP-MAN FLEGAL: That's why I asked the question. If they have other things, I want that part of the foreclosure. I don t want the County Attorney to go in asking for four hundred thousand against a three thousand dollar piece of land. I want the three thousand dollar piece of land plus his car, plus his refrigerator, plus his checking account, plus his television, whatever I can get my hands..on. I want it all. Then he will learn that he should have paid the fine. MR. MUELLER: Right. CHAIRMAN FLEGAL: Okay. Thank you. Anything else from the Board members? I would entertain a motion. MR. C~fLER: Let me just mention something real quick. I am going to hand out your long-awaited albeit brief memo on the Southern Exposure case Let me just say real briefly that we can't give you The has .too much information because not too much has happened, case been filed. Defensive motions have been entered. We expect any ges individually against Board members to be dismissed. That's not a guarantee because I am an attorney and it's a court case and I ~don't guarantee anything in court cases, but we do think we have excellent, arguments on that for dismissal of any charges. They just Page 42 January 28, 1999 should not be allowed, and we think they are not allowed to file individual charges against a code Enforcement Board member on this. Discovery, which is, if you have been watching the impeachment earings, you know that that's the process by which attorneys go in and find out information through depositions and interrogatories and such. That period of time ends February 2nd. And you will note, your memo will say a non-jury trial is set for April, '99. Whether that .gets continued or not, we will have to wait and see. But there is at ;/ ~least a brief synopsis of what's going on. CHAIRMAN FLEGAL: Thank you. Yes, ma'am. MS. LOb~IERE: I just had one quick question, and maybe I was tuning out. We have a list of foreclosures. I'm sorry. I want to be al quick and I know the attorney is gone. And we're not going to do ~-'"~ anything on these until the ordinance gets modified? CHAIP=MAN FLEGAL: No, no, no. We're waiting for some additional information to see how we proceed and against what. Are there other properties? Are there other things that we can go against and what's the -- for lack of a better word, feasibility against going to each of these people? We're not waiting for the change because the change wouldn't help us. MR. C~fLER: I think the chairman's point was that until the ordinance is passed, you don't -- you don't get the super priority that has been discussed at some of the past meetings. Cl~I~U~d~ FLEGAL: But that only kicks in cn the cases from there on. MS. LO~iERE: So we couldn't make it retroactive? CHAIP34;d$ FLEGAL: No. MS. LOUVIERE: The only reason for that is because, I mean, some of those fines are so high that I really -- if we have -- if somebody "'? like -- if Thibodeau has like you said a first lien, then we're never ~oing to -- CHAIRMAN FLEGAL: Correct. MS. LOUVIERE: So that's why you're going after other things? CF~I~4A~; FLEGAL: Right. We want other things. MS. LOUVIERE: Got it. I'm sorry. CF~IRMA-W FLEGAL: That's okay. MS. LOUVIERE: I tuned cut. I was thinking of something else. CF~IRMJtN FLEGAL: Okay. We're all done. I would entertain a motion tc adjourn. MS. DUSEK: I so move. CP~I~,~ FLEGAL: We have a motion to adjourn. Do w~_ have a second? MR. MUELLER: I second. · ~' All those in favor~ . C~I~2,~ FLEGAL: · (Aye.) There being no further business for the good cf the County, the neeting was adjourned by order of the Chair at 10:42 a.m. Pa~e 43 January 28, 1999 COLLIER COUNTY CODE ENFORCEMENT BOARD - NORTH CLIFFORD FLEGAL, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA J. DeLAP, NOTARY PUBLIC. o Page 44 January 28, 1999 COLLIER COUNTY CODE ENFORCEMENT BOARD CLIFFORD Fbi~G~, /HAI~A~ NORTH ICRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. ~BY~DEBRA J. DeLAP, NOTARY PUBLIC. Page 44 February 12, 1999 ~,.~:~;r~ ~t ~0~?~ TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD SOUTH BOARD, COLLIER COUNTY Naples, Florida, February 12, 1999 Met 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: RANDY E. MERRILL ROBERT K. LOCKPIART JACK G. STIRLING DIANE TAYLOR JAMES E. LAVINSKI LEWIS P. OXLEY WILLIAM T. LEWIS RHONA SAUNDERS ALSO PRESENT: JEAN HAWSON, Attorney to the Board ~RIA E. CRUZ, Code Enforcement official MICHELLE ARNOLD, Code Enforcement Director ~rr t $ ~ter Page February 12, 1999 '~ :'~':'~ CHAIRMAN MERRILL: Well, it being past 8:30, I'll cail the meeting of the South Code Enforcement Board of Collier County to order and can I have a roll call, please? MS.i. CRUZ: Good morning. For the record, Maria Cruz, Code Enforcement Official. Kathryn Godfrey-Irwin. Let the record reflect that Miss Irwin is absent. James Lavinski. MR. LAVINSKI: Present. MS. CRUZ: William Lewis. MR. LEWIS: Present. MS. CRUZ: Robert Lockhart. MR. LOCKHA_~T: Present. ,MS. CRUZ: Randy Merrill. ' ' CHAIRMA2~ MERRILL: Present. MS CRUZ: Lewis Oxley. MR OXLEY: Present. MS CRUZ: Rhona Saunders. MS SA~DERS: Present. MS CRUZ: Diane Taylor. MS TAYLOR: Present. MS CRUZ: Jack Stirling. MR STIRLING: Present. }{AIRMAN MERRILL: Thank you. And she will be excused, as to Irwin. Could we have a motion to approve the minutes of the January the 8th, 1998 meeting, which should be approved? MR. OXLEY: I'll make a motion we approve those minutes as presented. CHAIRMAN MERRILL: Is there a second? THE COURT REPORTER: I'm sorry? Who was that? CHAIRr~AN MERRILL: Mr. Oxley. .__ ~ Is there a second ~o the motion? MS. SAUNDERS: I'll second it. i~'.CHAIRMAN MERRILL: It will be seconded. Any discussion on the motion? .. (NO response.) CHAIRMA/q MERRILL: There being no discussion, all those in favor of the motion, indicate by saying aye. Opposed, say the same. (No response.) CHAIRMJ~N MERRILL: Motion carries. I'll sign the original. We have no public hearings. We'll move into new business. Staff? "' MS. ARNOLD: What we have -- I'll stand up here. '~.~-I~ .... .'For the record, Michelle Arnold, Code Enforcement Director. I'd like to make a presentation to the board, thanking you [or this'_service that you provided for us in the past, some of you two years, others less, but no matter how short it was, it was greatly appreciated by the Code Enforcement Board. Page 2 February 12, 1999 I'd like to thank the counsel for the Code Enforcement Board for ~ her great service and she's also been kind enough to extend her -- her service to the county representing the north board once this board is ~j no longer in progress. And I just want to thank you and I've got certificates here. Mr. Merrill, thank you for your service. CHAIRMAN MERRILL: Thank you. It was a pleasure. Miss Saunders. MS. ARNOLD: Mr. Lavinski. MR. LAVINSKI: MS. ARNOLD: MS. TAYLOR: MS. ARNOLD: Mr. Lockhart. Thank you. Diane? Thank you. Miss Taylor. MR. LOCKHART: Thank you. MR. OXLEY: Thank you. MR. STIRLING: Thank you, Mrs. Arnold. MS. ARNOLD: Mr. Lewis. MR. LEWIS: Thank you. I just wanted to let you all know as well that there are a couple of vacancies on the north board. We've had responses from, I believe, four or five of you. There is an alternate member vacancy and a regular member vacancy, and there is some question whether or not there's one or two vacancies on that board because of term of expiration, but we do have your applications at the Board of County Commissioners, who will be considering those applications at their next meeting. Okay. And thank you again. MR. OXLEY: Thank you. CHAIRMAN MERRILL: Any other new business, you know, old business or reports? And comments, however, I would like to take a moment to also reflect my appreciation for Jean, as counsel to the board, in getting the things to me to sign and very, very good counsel and advise, and I want to thank you for being here. MS. PJtWSON: Thank you. It's been a pleasure. I'm going to miss I don't know all those people on the other board, but I all of you. know you are going to be my favorite board. CHAIRMAN MERRILL: Having said that, I also want to thank staff. I know it is not an easy task to present things to us when you have a board numbering seven or eight or nine people, and in getting it in a "~?.!'["timely manner so that we can understand that you've made some accommodations for us such as the executive summaries and things like so again thank you for a job well done. . Having said all that, I most especially want to thank the members {of this board for your support and your help in these past two years. I've'~think that we've done -- as I was mentioning down here, we've (done not only good work, we've done it quickly and we've done it, most ~tantly, fairly. There's been no real rancor or debate here, and everyone has shed }~?t~heir experience and their opinions, and I think everyone here has Page 3 - February 12, 1~999 really tried~%o do the right thing with everything, so I want to compliment youkand thank you for ycur assistance. '~:i~!.~. And unlessX~here's other comments by any6ne else -- ":~!i'~MR.~ OXLEY: ~ell, I would just like to,say we do thank you for ~-leadership also. ..i? ~._ CHAIRMAN MERRILL: Thank you. · ~'~+ ..... Unless there's'no comments by anyone else, we won't need to consider Number 9 and, I'll adjourn the~meeting. This meeting is adjourned thank you. ***** There being no further~business for the good o£ the County, the meeting was adjourned by order of ~the Chair at 8:43 a.m. COLLIER"COUNTY CODE ENFORCEMENT BOARD SOUTH RANDY MERRILL, CHAIRMAN TRANSCRIP PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC BY'ROSE M. WITT, RPR Page 4 February 12, 1999 r[~ed to do the right thing with everything, so I want to ~liment you and thank you for your assistance. And unless there's other comments by anyone else ~- MR. OXLEY: Well, I would just like to say we do thank you [or ur leadership also. CHAIRMAN MERRILL: Thank you. Unless there's no comments by anyone else, we won't need to :onsider Number 9 and I'll adjourn the meeting. is meeting is adjourned thank you. There being no fuzther business for the good of the County, the meeting was adjourned by order of the Chair at 8:43 a.m. ",i,.:' :, COLLIER COL%~TY CODE ENFORCE~~ENT BOARD SOUTH TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ROSE M. WITT, RPR Page 4 DATE: PLACE: COLLIER COUNTY AIRPORT AUTIIORITY April 12, 1999 Marco Island Executive Airport. 2003 Mainsail Drive. ConFerence Naples. FL ThME: 1:00 pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings perlaining thereto anti will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. [. CMl meeting to Order and Quorum Check II. 111. IV. VII. Approval of Agenda Approval of March 8. 1999 Meeting Minutes Administrative Interviev. s for RFP i~99-291 I Airport Authority Consuhing Services 1:15 - 1:45 p.m. [loyle. Tanner & Associates, Inc 2:00 - 2:30 p.m. MEA Grotlp. Inc. 2:,15 -3:14 p.m. l tole, Montes & Associates B. Bud,.zet 2000 govrt$ - Carte~ Constantine r:...1 .~n, vcrs,aues A irpark Kac' K i e Berry Immokale¢ Regional Airport A. Quality Control Award Presented m John Kirchncr B. T-Hangar Supplemental Grant C. lmmokalee Drag Strip Marco Island [:,xecutive Airport O A. Co~nmunity Coordination Corn miucc :~,-.i ,::14.~ ;' Vili Old Business :,.:.:? :, A. Civil Air Patrol New Business Adjournment r,,'lisc. Corres: o t2: (;¢,/;?"¢ ? / MEMBERS PRESENT: COLLIER COUNTY Al RPORT AUTIIORITY MINUTES OF MARCIt 8, 1999 Michael \Villiams Ernest Spinelli ! lerbert Noren Gene Schmidt Richard Anderson Steve Price ABSENT: Monte I..azarus STAFF: John Drury PUBLIC: Luc Carricre Thomas Palmer Ed Welsh Gail t-lambright I. MEETING CALLED TO ORDER AND QUORUM CIIECK called to order at I:00 p.m. and quorum was present. II. APPROVAL OF AGENDA Additions to Agenda: I V-B Resignation of Luc Carricrc from I)ufrcsnc-I tcn~' VI-D USDA Grant Closing VI-E AWOS Contract VIII-A Civil Air Patrol Trailer IX-A NASA Grant Mr. Sehmidtmoved for approval of March 8, 1999 Agenda. Mr. Spinelliseconded the motion. Motion passed unanimously. III. APPROVAL OF MINUTES Mr. Schmidt moved for approval of February 8, 1999 Minutes. Nlr. Spinelli seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. Airport Capacity Committee Report Mr. Drury up-dated thc Authority on the Airport Capacity' Committee meeting where the merging of the ^uthoritics were discussed. This item will go before the Board of Commissioners where both Authorities will be invited. Rec{~mmendation: The Authority further discuss the Committees recommendation, formulate the Authority's position and Authorize the {llier County Airport Authority March 8, 1999 e2 ~hairman .!o carrY:3hat p0,,sition to the Board of County Commission upon Discussion was held, and it ,,','as motioned that if called upon bv thc Board o[' County Commission the Chairman will represent the Authority stating, this is 'an issue for the County Commission and the City Commission. and xvhatcvcr they decide to do the Authority will be there to help. Mr. Price moved for approval of motion. Mr. Spinelli seconded motion. Motion passed unanimously. B. R6sienation of Mr, Cartiere from Dufresne-ftenrv tile Mr. Carricre spoke to tile Authority regarding his resignation from Dufresnc- ttenry., tte assured the Authority that all projects for the Authority would be taken cam of to completion. The Authority ac 'knowledged their appreciation for Mr. Carriere's dedication .. to the Authority.i the Authority formally recognize Mr. Carricre's contributions to the accomplishmcnls of the Collier County Airport Authority in its' formative years in establishing a good airport system in Collier County. bit. Price moved for approval of recommendation. Mr. Spinelli seconded the motion. Motion passed unanimously. EVERGLADES AIRPARK I;";~, ~- IMMOKALEE REGIONAL AIRPORT ,::' A. Port of Entry Status Mr. Drury up-dated the Authority rcporting that Immokalec Regional Foreign Trade Zone is now included as a port of entry. ]'his will rduce the cost of customs services for users. Drag Racing Facilities up-dated the Authority regarding the drag racing facilities in ~kalee. "'~ .... Collier County Airport Authoriiy Nlarch 8, 1999 Page 3 Recommendation: Staff recommends that the Authority approve thc three- year agreement the staff negotiated with Mr. Ralph Hestcr of the lmmokalcc Regional Raceway, Inc. Discussion was held. Recommendation: Prior to final approval of contract, approval.from the County Attorney's office and Risk Management Office as it relates legal language and liability ``','ill be required. Mr. Spinelli moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. C. Quality Control Award Mr. Drury reported that Mr. Kirchncr has bccn employed with thc Collier County Airport Authority for one year. Chcvron's inspection found nothing out of compliance at the Immokalee Regional Airport. which is ,,'er>' unusual. This inspection rating is due to Mr. Kirchncr's attention to detail and dedication. Recommendation: That tile Authority issue a Certificate of Appreciation to John Kirchner. blotion was made for approval of recommendation. Motion was seconded, blotion passed unanimously. D. USDA Grant Closine Mr. Drury requested a resolution attthorizing thc Chaimmn of the Authority to execute all documents necessary to secure the $I 89,000.00 grant that is being used for the Incubator be approved. Mr. Schmidt moved for approval of request. Spineili seconded tile motion. Motion passed unanimously. AWOS Mr. Drury requested a resolution authorizing thc award to Mid Continent Electric in the amount of $92,500.00 for the lov: bid for the AWOS project. blr. Price moved for approval of request. Mr. Anderson seconded thc motion. Motion passed unanimously. Collier County Airport Authority Ivlarch 8, 1999 Page 4 VII. MARCO ISLAND EXECUTIVE AIRPORT A. Taxiwav Pro~z. ress Mr. Drury updated the Authority on the progress of the taxiway project. B. Han2ar Waitint~ List Policy Mr. Dmry presented the T-ltangar Waiting List Management Policy to the Authority for their review. Recommendation: That the Authority adopt thc T-llangar Waiting [.ist Policy. Mr. Price moved for approval of recommendation. Mr. Anderson seconded the motion. Motion passed unanimously. C. T-Hanear Work Order VIII. Mr. Drury reported that staff' has negotiated a project xvork order with Quality Control Builders, Inc. for the construction o£ this T-tlangar project. In accordance with the Construction Management Agreement. Quality Control Builders will receive a fixed fee of $38,000 to cover their profit and overhead. calculated. Recommendation: Staff recommends that the Authority approve the project work order for Quality Control Builder. Inc. to build a set of t-hangars at thc Marco Island Executive Airport for a fcc of $38.000 with $342.000 available for reimbursement of direct project costs. 5Ir. Spinelli moved for approval of recommendation. Mr. Noren seconded the motion. Motion passed unanimouslv. OLD BUSINESS A. Civil Air Patrol Trailer Mr. Dmry reported that the CAP requested an extension of time to remove their trailer from the Airport parking lot. Discussion ',,,'as held on the removal of thc Civil Air Patrol Trailer. Collier County Airport Authority March 8, 1999 Recommendation: Instruct Executive Director to give the CAt' an additional 30 days from today to remove their trailer. If it has not bccn removed in that time frame the Authority will remove it at their expense. It' the moving fcc is not paid by CAP their lease at tile Marco Executive Airport will be terminated, subject to Mr. Palmer's investigation into our legal rights. Mr. Price moved for approval of recommendation. Mr. 'Anderson seconded the motion. Motion passed 5 to I with Mr. Spinelli objecting. NEW BUSINESS A.' NASA Grant Mr. Drur?' reported that NASA has about $300.000,000,00 available fi~r Incubators. The Phase II Buildi~g consisting ora bonded warchot~sc, cush)ms office, manufacturing assembly area. and wet processing area would bc eligible for this grant. NASA has asked if we arc still iptcrcstcd in their funding. Recommendation: Resolution authorizing tile Chairman to execute the g, rant 'application for tile $300,000.00 NASA Grant which would be used instead of the Board of Commissioners funding. This would allow thc Authority to build Building II with 100% Grant Funding. Mr. Schmidt moved for approval of recommendation. Mr. Spinclli seconded the motion. Motion passed unanimously. X. AD.IOURNMENT g adjourned at 2:50 p.m. AGENDA R:coUNTy ~LANN~NG COMYHSS[ON W~LL M££T AT S:30 A.M., THURSDAY, APRIL INffHE BOARD OF COUNTY COMMISSIONERS MEETING ROOM. ADMINISTRATION COUNTY GOVERNMENT CENTER. 3301 TAMIAMI TRAIL EAST. NAPLES. ~ INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTF. S (.)N ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BF. tIALF OF AN ORGAaNIZATION OR GROUP ARE ENCOUR~XGED AND MAY 131( ALLOTTED 10 MFNUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CttAII~MAN. PERSONS WISIIING TO ttAVE WRITI'EN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITI't:'N MATERIALS INTENDED TO BE CONSIDERED BY TIlE CCPC StIALL I3t:. SUBMITTED TO 'l-liE APPROPRIATE COUNTT STAFF ,.\ MINIMUM ()F SEVEN DAYS PRIOR TO TIlE PUBLIC HEARING, ,-\I.L MATF. RIAL USEI) IN PRESENWATIONS BEFORE 'FILE CCPC Wll. I. BF. COMF. :\ PEP~MANENT PART OF THE RECORD AND WILL BE AVAIl ABLE 'FOR ?: PRESENTATION TO TIlE BOARD OF COUNTY COMMISSIONERS IF ~.'::,i APPLICABLE. AaNY PERSON WttO DECIDES TO APPEAL A DECISION OF THE CCPC .L NEED A RECORD OF T'I4E PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO F. NSURE TtIAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WtlICII ' N RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPO, WHICI] THE APPEAL IS TO BE BASED. ROLL CALL BY CLERK .' -' ,~ TO THE AGENDA APPROVAL OF MFNUTES: March 4, 1999 PLANNING COMMISSION ABSENCES: BCC,KEPORT REPORT PUBLIC HEARINGS: Petition for approval of Interloeal Government Agreement by and between the City of Naples and Collier County authorizing the City, of Naples to review and approve the use of certam lands lying In (:oilier County for a manna and related uses. (Coordinator: Ron Nino) Petition No. SV-99-1. James McVey of Gates McVey Builders. Inc., representing Park Central Developers of Naples, Inc., requesting a 0.5 foot variance from the reqmred 15 foot front yard setback to 14.5 feet along Y.M.C.A. Road and a I0 foot variance from the required 15 foot side yard setback to 5 feet along Airport Road North for a monument type sign located at 5420 Airport Road ',Noah, in Section 12, Township .19 25 East. (Coordinator: ChahramBadamtchian) Petition No. R-99-I, Geoffrey G. Purse of Purse Associates. Inc., representing Sunset ttarbor Club. uestmga rezone from "C-4" to "P~MF-12(8)" for property located on U.S. 41 East at the northwest comer of Port.of-the-Islands Phase One. in Section 9. Township 52 South, Range 2fl East, Collier County Florida, consisting of 6.fl5_.* acres. (Coordinator: Don Murray) Olde Cypress Petition No. PUD-83-26(2L Robert Duane of Hole. Montes & Associates. lac.. representmt: . Development Ltd.. a Florida Limited Parmership, requestmg a rezone from PUD to PUD having the effect of g the Woodlands PUD for the purposes of renanung the PUD from the Woodlands PUD to the Old PUD, adding permitted uses of personal storage facilities and motelsihotels and revising certain }meat standards for property located on the north side of lmmokalee Road ;ection 21. Township 48 South. Range 26 East. Collier County,, Florida, consisting of 500*_ acres. (Coordinator: Ron Nino} Petition No. PUD-98-19. Robert I.. Duane. AtCP. of Hole. Montes & Associates. Inc.. representing Boyne South U.S.A.. requesting a rezone from RSF-3, GC. C-3. and A to "PUD" Planned Units Development to be known as Bm, me South for a maxlmum of 154 single family and multi-family dwelling units. 66 umt motel. olf course,'club house and driving range for property located on the south side of U.S. 41 East, : ~pproxamately 5 "niles east of C.R. 951, in Section 20, Township 51 South. Range 2'} East. Collier County, ~Florida containing 2421.35: acres. (Coordinator: Susan Murray) Petition No. PUD-99-4. Robert L. Duane. AICP. of Hole, Montes & Associates, Inc., representing Noah "<%' orr evelopment. Inc.. requesting a rezone from "RT' Resort tourist and. ~";,' .P._. t...D. ......... t to be known as North Poa Bay for a multi.iarmly aevelopmem co,=,.~ua,s lanne(l unit Devetopmen ;:.¢: ' '}'UD' v ....... _'__u .... comer oflJ S 41 and Faka Union :;~ , . .... c~,m ,~wellin" units lot nroperty tocateo a~ mc nmmc,~-~, "· .:" ola maximum ot.o,.,v u ~, ~ _ .... · ~ ..... t'I^,-,Aa conslStln~ Ot ',O'- acres · :!': :'- (Coordinator: Ron Nino} Petition No, pUD-93-1(4), George L, Vamadoe of Young, vanAssenderp & Varnadoe, P.A.. representing WCI Communities L.P. for an a.rnendment to the Pelican Manh PUD for the purposes of adding ~pecific tlations for boundary and project signage; making provisio~ for fifty tSO} special residential dwelling that may fimcfion a~ rental units in conjuncnon with the hotel or golf come; and revising the ,,} authorized amount of commercial development in the activity center disthct for property bordered on the .... w~t by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in Section 25, 27. 34. 35. and 36, Township 48 South. Range 25 East, Collier No. DOA-'99:'i:i George L. Vamadoe of Young, vanAsscnderp & Vamadoc. P.A., representing ii L.P. for an amendment to the Pelican Marsh Development of Regional Impact (DRI) ~ment Order No. 95-01. as amended, for the purpose of increasing the authonzefl amount of retail ~ac¢ by 57,500 square feet of gfa, an increase of fifty (50't hotel rooms, and a reduction m medical ~pace of 25,000 square feet of gfa. for prol~rtY bordered on the west by Tam,ami Trail North (U.S. · the east by the future Livingston Road. and on the south by Vanderbilt Beach Road in Section~ 25. 1;~ 35and 36, Township 48 South, Range 25 East. Collier County, Florida. consisting or' 2.D72.88' (Companion Item PUB 93-1{.4)) [Coordinator: Ron Nino) ILIC COMMENT ITEM CUSSION OF ADDENDA TRANSCRIPT_Q~_ T}LE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 4th, 1999 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Bruet Russell A. Budd Michael A. Davis Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik Gary Wrage ALSO PRESENT: Ron Nino, Current Planning Manager Marjorie M. Student, Assistant County Attorney AGENDA I COLLIER COL~TY PLAN~ING COMMISSION WILL MEET .-\T $:30 .-\.M.. THURSDAY. MARCH -L 1999 IN THE BOARD OF COU,~TY COMMISSIONERS MEETING ROOM..\DMINIS'TRATION BUILDFNG. COUNTY GOVEt~NMENT CENTER, 3301 TAMIAMI TRAIl. EAST. NAPLES. FLORIDA: o o o NOTEi[iNDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 ,\'IINtJTi-~S ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGAN-IZATION OR GROUP ARE ENCOURAGED AND .MAY BE ALLOITED I0 MINUTES TO SPEAK ON AN ITEM IF SO RE:COGNIZED BY THE CHAiRMAN. PERSONS WISHING TO HAVE \VRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS NfUST SUBMIT SAID MATERiAL A MINIMUM OF 3 VEEKS PRIOR TO 'DiE RESPECI'IVE PUBLIC HEARING. IN ANY CASE. WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALl. BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMb~! OF SEVEN D.*YS PRIOR TO TIlT PUBLIC ItE,~ING. ALL MATERIAL USED iN PRESENTATIONS BEFORE THE CCPC WILL BECOblE ..\ PERMANENT P,~G~.T OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TttE CCPC WILL ,NEED A RECORD OF 'FFIE PROCEEDINGS PERTAINING THERETO, .aRCD THEREFORE MAY ,'\FEED TO ENSURE ]'HAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES Title TESTIMONY AN'D EVIDENCE I;PON \V}tlCII THE APPEAL IS TO BE BASED, ROLL CALL BY CLERK AZ)DENDA TO THE AGENDA A. PPROVAL OF ? IINUTES. PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS: Petition No. BD-98.-4.4, Edward E. PI~ requesting approval to allow for a boathouse sa'id dock facility for property loc, ted at 168 'rrimdad Street, further descri~ aa Lot 356, Isles of Capri umt 2, in Section 32, Town_thip 51, Range 26 East. (Coordinator. Fred ReiscM) ?.-tmon No. BD-qS-4~. :,liles i.. Scofieid of Turre~l e~: ~,ssoclates. :~m~esennn~ ~Jr¢~z. oQ' P,I. t'.~msl¢. requesting a i7 :'oot Goat dock extension lo allow for a 37 foot boat dock and boa[ ilft facility for property located at 225 Bayt'ront Drive. further described as Lot 18. 13ayfront Gardens. ~n ~ectton O. ~Coordmator: Ross Gochenaur~ Petmon No. PSP-98-18. David E..Monn. P.E.. or' Hole..Montes and :\ssoctates. inc.. representing Olde C~'press, Ltd.. requesting Preliminary Subciivts~on Plat approval for Olde Cypress ~The Woodlan~ PUDL located north of Immokalee Road iC.R. ~46~ in Secuon 2l. Township 48 South. Range 26 East. Collier County.. Florida. conststmg of 470.10_.- acres, t Coor&nator: Fred Retschl~ Petition No. PSP-98-Ig, Ch~tophet D. Hag~n., P.E., of Johnson Engineering, inc.. representing The Landon Compames. requesting prelU'mnary Subdivision Plat approval for Naples Plaza. located west of Airport- Pulling Road (C.R. 31) north of Naples Boulevard in Pine Alt Lakes Umt One. m Secuon 11. Township 49 South. Range 25 East. cons~snng ot'45.13z acres, iCoordmator: Ron Ninol Peution No. PSP-99-1, Karen Bishop of PMS. Inc. of Naples, representing KENCO Development Inc., requesting Preluranary Subdivision Plat approval for Pebblebrooke Lakes Phase 3..',. located on the south s~de of [mmokalee Road IC.R. 846), tn Secnon 27, Township 48 South. Range 26 East, constsnng of 28.84_* acres. ICoordmator: Ron Nino~ ?entmn No. PDI-99-1. William R. Vines of Vines & Associates. Inc.. ;~rcsennng Heron [.ake Development Company, requesting an msubsta, nnal change determmauon to the Heron Lake PUD Master Plan by changing the street and lot configuranons, located on the north s~de of 1-75 and south of Golden Ga~e City, tn Secnon ]3. Township 49 South, Range 26 East, Collier County, Florida. ICoordmator: Ray Bellows) Pention No. OSP-98-1, Davtd Sneed of Kuhlman Engineering, representing Azar Gallery, requesting approval of Off-Site Parking at Poinsettia Avenue on Lot 26 and the west % of Lot 25, Block B, Naple~ 'nllas, to serve the extsnng business located at 989 Airport Road South. tn Sectton 1, 'Township 50 South. Range 25 East. (Companion to SDP-98-181) (Coordinator: Ray Bellowsl Petit'ion No. V-99-1. P,3ch~rd D. Yovanovich of Goocllette, Coleman & Johnson, P.A., representing Coastal Beverage. Ltd., requesting a 17.8 foot variance from the requu'ed 50 foot front yard setback to 32.2 feet for property located at 4747 Progress Avenue, further described as a pomon of the NE ', o£ Secuon 36. Township 49 South, Range 25 East. (Coordtmator: Chahram Badamtch~anl 8. OLD BUSINESS 9. NEW BUSINESS 10. A. Density Reduction PUBLIC COMMENT ITEM 1 I. DISCUSSION OF ADDENDA 12. ADJOURN 3/.099 CCPC AGE'NT)A./md March 4, 199~ CHAIR~DAN BRUET: Good morning. I'd like to cpen and call to order the March 4th, 1999 meeting of the Collier County Planning Commission. And i'll take roll call. Commissioner Priddy? COMMISSIONER PRIDDY: Here. CHAIRMAN BRUET: Commissioner Urbanik? COMMISSIONER URBANIK: Here. CHAIRMAN BRUET: Commissioner Davis? COMMISSIONER DAVIS: Here. CHAIRMAN BRUET: Commissioner Budd? COMMISSIONER BUDD: Here. CHAIRMAN BRUET: Commissioner Bruet Dresen~ Commissioner Pedone? ' ~ ' COMMISSIONER PEDONE: Here. CHAIRMAN BRUET: Commissioner Oates? COMMISSIONER OATES: Here. CHAIRMAN BRUET: Commissioner Wrage? COMMISSIONER WPJ1GE: Arriving. CHAIP~MAN BRUET: Commissioner Tragesser? COMMISSIONER !RAGESSER: Present. CHAIP~MAN BRUET: Thank you. Any -- before we start, anyone in the audience wishing to speak to the various issues, would you please make out ':,'our small little slip of paper out there and turn it over to Ron Nino so that he can plan for the appropriate speakers and provide the appropriat~ time. So if you could do that during the meeting, we would appreciate it. again, give it to Ron Nino. Once Addenda to the agenda -- excuse me, go ahead, Commissioner Budd. COMMISSIONER BUDD: Because of a request by staff, I'd like to move that we bring agenda item C up to the first item heard this morning. CHAIRMAN BRUET: There's a motion, is there a second? COMMISSIONER PEDONE: Second. CHAIRMAN BRUET: Commissioner Budd made a motion to aDprov~ Commissioner Pedone seconded. All in favor? Opposed? (No response.) CHAIRM~IN BRUET: Motion carries That means A and C will simply be reversed. ' COMMISSIONER OATES: Reversed? CHAIR~ BRUET: C becomes A and A becomes C. Approval of minutes. There were no minutes included. Planning Commission absences? COMMISSIONER PEDONE: I'll be absent on our next meeting, as I travel to that wonderful city of my birth known as New York CHAIPaMAN BRUET: Oh, yes. New York. COMMISSIONER TRAGESSER: Mr. Chair, I will also be absent ~or the next meeting. Be out of town. COMMISSIONER OATES: Going to New York with Mike? COMMISSIONER TRAGESSER: No, they said the car was full. CHAIR/~ BRUET: BCC report. MR. NINO: We don't have a report. CHAIP_MAN BRUET: The small contractor that had the problem with Page 2 March 4, 1999 the setback? MR. NINe: That was approved. CHAIR~ BRUET: Could you summarize what the board -- we had asked him to come back to the board with some information, and no objection type, and suggestions, let's say, from the community wondered how -- ' COMMISSIONER OATES: The next door neighbor, specifically. MR. NINe: As I recall -- Ron Nine for the record. As I recall, the board really didn't express any level of disdaiu for what had occurred. COMMISSIONER OATES: Some of the board. Correct that, some the board. MR. NINe: Some of the board. And I think the matter was dealt with fairly e:<peditiougly. CHAIRMAN BRUET: All right, I guess we gave it ~1i the time, rather than the board, huh? COMMISSIONER BUDD: They say it the same way. it was indicated by some of the commissioners that before the contractor stepped forward and said it's my fault, I goofed up,. that ~=h_~ commissioners came in with the same attitude we had, which was tear the house down and try again, but he was honest and forthright, and they saw it the same way we did and said okay, given the circumstances we'll cut you some slack, bu~ don't do it again. COMMISSIONER OATES: Yet we heard last week from Mr. Ed -- I'm sorry, what's -- COMMISSIONER PEDONE: Perico. COMMISSIONER OATES: -- Perico, that the same contractor is not doing what he should be doing on other projects that he's working on. So I'm not sure that we did the right thing still. CHAIRMAN BRUET: Well, you know, I think we were four to three weren't we, to send him on? ' COMMISSIONER WRAGE: We weren't all in agreement with that. CHAIRMAN BRUET: No, we weren't. I think we were four to three to move him forward, so -- COMMISSIONER DAVIS: Ed Perico was at the board meeting, bu~ board had no questions of Mr. Perico. CHAIRMA34 BRUET: Ed did send out a flyer through the fax process for CBIA notices that summarized that portion of the LDC that talks about spot surveys and red tags will be issued quickly. So if nothing else, perhaps we tightened up the way the county does business with regard to spot surveys. The chairman's report, i spoke with City Councilman Rideoutte, City of Naples, and he has given us a date on the joint meeting. And they would like us to join them April 30th a% 8:30 a.m. at City Hall. They will have all of their members~her_~, as of now, so hopefully all or certainly well over a majority of us can make "hat. COMMISSIONER OATES: Are they providing the coffee and donuts? CHAIP34AN BRUET: They will provide coffee and donuts. COMMISSIONER OATES: Good. MR. NINe: What time is it? CHAIRbIAN BRUET: 8:30 a.m. MR. NINe: Oh, 8:30. COmmISSiONER PRIDDY: Didn't we feed them better than that? COMMISSIONER PEDONE: No, we did donuts and coffee. Page 3 March 4, 1999 CHAIRMAN BRUET: 8:30 a.m., April 30th. COMMISSIONER DAVIS: Mr. Chalrman, I might suggest that Mr. Nino and his counterpart in the city, in conjunction with you and Mr. Rideoutte, think about some items that would be worthy of discussion. Certainly if any of us have suggestions, we could forward those to Mr. Nino, I guess. CHAIRMAN BRUET: They have asked for that. So I would appreciate any of the board's comments, if they could do them quickly in the next -- between now and then. We could give them to Ron and send them over a week or two ahead of time so they have a chance tc look them over. Common interests. COMMISSIONER OATES: Mr. Chairman, Mr. Nino handed out this schedule of the LDC amendment process. And are those -~ are our meetings at 5:00 in the evening? I guess they are. MR. NINO: Yes, they are. COMMISSIONER DAVIS: 5:05. CHAIRMAN BRUET: Good point, Commissioner. With that aside -- oh, excuse me, I have been trying to get together with Vince Cautero to talk about the proper scheduling for the review process of anything that involves the Environmental Advisory Board. We've been unable to set a solid date. We're still working on that, and we'll have him here within a short time. Moving on to the advertised public hearings. If we could move to petition no. PSP-98-18. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) CHAIRMAN BRUET: Is the petitioner here? MR. REISCHL: I don't see the petitioner at this time. It's Hole-Montes, George Hermanson. MR. KANT: You need to wait. CHAIRMAN BRUET: Ed, what's your pleasure? MR. KANT: It would not be -- Edward Kant, transportation services director. I don't think it would be appropriate to hear this without having the petitioner. COMMISSIONER OATES: I don't either. MR. KILNT: I appreciate the change in the lineup, but we'll wait till he shows up. CHAIRFJtN BRUET: Back to square one, then. We'll hear the first original agenda, petition no. BD-98-44. And this being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) CHAIRMAN BRUET: Thank you. Fred? MR. REISCHL: Good morning, commissioners, Fred Peischl, planning services. This is a request for a boathouse on an existin~j dock on Trinidad Street in Isles of Capri. As you can see, the lot is outlined in blue, the house in yellow, and the existing dock in red. The petitioner wishes to put a roof that's consistent with the Land Development Code over the existing dock. Maximum protrusion of the roof of 20 feet; the same material as the house; open on all four Page 4 March 4, 1999 sides. Staff recommended approval due to the other boat houses in the area. And as you see in your packets, there were several letters of objection and one phone call that was received. To summarize the objections, they were -- one was due to navigation, which, as you know, the dock is existing, so the navigation problem, the letter writer -- or the person on the phone said would be due to the overhang of the roof, which could be up to two feet, and the petitioner will discuss that later. Other objections were to the view. And I don't know if any of you did site visits, but the -- there are several other boathouses on this canal. Any boathouse will change the view from the surrounding properties, but this neighborhood on this canal seems to be a neighborhood than has several boathouses. And staff stands by the recommendation of approval. CHAIRMAN BRUET: It appears to me, Fred, that there is in the photos, tying them into the little map that was prepared here, adjacent to lot 56 there is a covered boat storage area; is that correct? MR. REISCHL: Yes, the -- CHAIRMAN BRUET: Adjacent to the property. MR. REISCHL: ~- petitioner has colored photos that he can show on that. CHAIRMAN BRUET: Okay. And then two is down the canal. MR. REISCHL: Then there's a boathouse. CHAIRMAN BRUET: Three and four are directly across the canal. And the point is, it's really going to be a view issue, not a variance, not a setback issue or anything like that; is that correct? MR. REISCHL: Right, there's no variance requested. This is a boathouse -- CHAIRMAN BRUET: If there's an issue, it's probably going to be a view issue. MR. REISCHL: I agree. CHAIRMAN BRUET: Okay. Does the -- any questions of staff? COMMISSIONER DAVIS: Yeah. Mr. Reischl, you've been accepted as an expert witness previously to this board, and so I just want you to reiterate for us. In your expert opinion, all the criteria of the LDC has been met? MR. REISCHL: The petitioner states that he will meet them, right. The construction hasn't started, but he states that he will meet the criteria of the LDC. Open on four sides, the height limitation, the roof the same color -- same material as the h6use, and a maximum extension of 20 feet. COMMISSIONER DAVIS: Thank you. CHAIRMAN BRUET: Any further questions of staff? Does the petitioner care to address the board? MR. PLUMMER: Good morning. CHAIRMAN BRUET: Please state your name for the record. MR. PLUMMER: My name is Edward E. Plummet. And as you know, I'm here to request approval for the boathouse. And I have four posters to help clarify my position. And that chart you're referring to, the map that I put in there, I appreciate it if you turn to that that diagram. ' And my first poster is that -- I'm surrounded by the boathouses, Page 5 so with this chart here, immediately my neighbor no. 1 is the boathouse that is constructed up here, my neighbor right to the right. A~nd no. 2 photo is two vacant lots, sort of catty- corner that I can see that you can see in the pictures, too, catty-corner from me across the canal. And then we jump over back down here to no. 4, which is catty-corner to me on the left that has the two-story and the decking on the top. ~- A/~d then no. 5, the first photo, is my immediate neighbor, with a house boat directly aside me. A_nd then aside his boat is another boathouse. So I'm in the middle of two on each side, two across from me, and a house boat. The next photo just shows my view above from my house that I just built, moved in in September. This is my view up above from my lanai. This is just a blown-up portion, out direct. And then down below, on the lower level, if I -- down there on the lower level, you can see the view there from my perspective. The third poster is basically what I wanted. And what I want is on the top two photos here. One of them sort of -- it's just the minimum slope of a roof. Like I say, the match. There's another one to the right here, which type of design would work. Whatever -- and not this, which is on a canal down there at the bottom on a canal. There's a big boxy-looking boathouse, like I said, just down the way on my canal. So basIcally I'm just here asking to have the same approval as the others around me to protect this last picture, you know, my dock and my boat. So I appreciate your time and consideration. Any questions? CHAIRM3%N BRUET: Any questions of the petitioner? COMMISSIONER DAVIS: Mr. Piummer? MR. PLUMMER: Yeah. COMMISSIONER DAVIS: It's your intent to make the boathouse look architecturally and color-wise to match your home? MR. PLUMMER: Yeah, all the guidelines. I have a metal roof on my house. You know, put the same one. All this work has been done by, you know, licensed contractor on the dock to meet all requirements. And i'm willing to work at whatever necessary just to do the minimum slope. Like I say, I just want be like the same, right as the others. So whatever it takes, whatever it takes. COMMISSIONER DAVIS: Thank you. CHAIR34~ BRUET: Thank you. A_ny further questions of the petitioner? Anyone in the public care to speak to this issue. MR. NINO: I have another one here, Mr. Stier. CHAIR~] BRUET: Please come forward and state your name. MR. STIER: Yeah, my name is Red Stier, Alred Stier, and I've been a resident of Isle of Capri since '72. I also -- I live right next door to Ed. And I have had a conversation with him the other day about it, when I found out about the dock. And I did inform him that my renters -- I have a rental home that I lived in for 17 years just the other side, two doors down ~rom Ed, that they were, especially the upstairs renter, was quite upset. And mainly because it's going to ruin his view. The view is everything to certain people. During our conversation I asked him, you know, would he consider Page 6 March 4, 199~ ~ i maybe getting that thing down ~- the roof down to maybe a more flatter roof. It's my understanding that the height on this proposed dock's about 14 feet, I think. Am I right about that? Anybody got that answer? Okay, well, anyway, I'll go under that assumption that that's what it is. During our conversation in the backyard, why, we did do some quick measurements, and I'm not an engineer by any stretch of the imagination, but I came up with a boxy-looking dock, boathouse just the other side of me, two doors down from Ed, is around 11 feet high. And while I've always wanted a boathouse at my place also when I built it about seven years ago, I had to consider the people down at the other end of the canal. And I darn sure had to consider my renters. I don't want them moving out on me, if I can help it. So we put our plans aside to build a boathouse, because we felt like the more boathouses that arrive, it just puts a canyon effect down through the canal and the whole thing. So we canceled our plans to build our boathouse. At the worse -- or I guess best, depending on whether it's his view or mine -- case scenario, I was talking to him about mHybe going to almost flat roof and trying to keep the height of it to about il feet. He said yeah, he said he'd check that out and he'd get back with me. And this or that he'd check out with -- you know, check out the -- that particular option. And I've spoke to him several times in the backyard, and he hasn't got back to me. So I thought I'd come up. And again, I'm going to leave these drawings here. This is a view from my renters upstairs. I have a duplex down there. It's actually a custom-built home with a guest apartment downstairs. And this is a view from my renter's porch. And I'm not going to tell you this has got to be i00 percent accurate, but it's about -- it's a flat -- I tried to depict a flat roof at I1 feet coming -- and shooting a view off my renter's back porch on the second story. And if yoh find, after you check, that I'm a little inaccurate on this, I did this on my computer and I did the best job I could. But I know I'm pretty doggone accurate on it. The angle on it might be a little off. And I've got extra copies, if you'd like for me to leave them for everybody. So I guess what I'd like to say is I'd like to see you turn it down, period. If you feel he's within his rights to build it, my second choice would be that you have him at least make sure he gets it down to a minimum height of maybe 11 feet, whatever engineering-wise is the right way to do it. He has a very small boat. The way he's designed his dock and his lift, he doesn't really have room to put much of a larger boat. On my houseboat on this picture I have that roof at 11 feet, at 11 feet above the cap of the seawall, give or take two or three or four inches, i did the best I could, though, on this measurement. So what I usually do when I lift my houseboat out of the wa~er, I bring it down -- I can get it up to a little better than 12 feet, if I want to. I always keep it about six feet high to make sure that I'm not blocking the view down the canal. So I just -- this is my tale of woe, and I'll leave it to the board here to sift out all the information. And I'm sure that you'll come up with a best solution that you can. Thank you very much. You want me to leave these? Page 7 ................ ,r ....... 11 ............................ i ................... I I -' - I COMMISSIONER OATES: Mr. Chairman, I have a question of the petitioner. CHAIRMAN BRUET: Yes, i do too. Go ahead. COMMISSIONER OATES: He says he's talked to you about the il-foot height and you haven't replied to him. Whether that's true or not, I'm not §oing to get into that. But can you build it at 11 feet? MR. PLUMMER: Whatever is necessary. And the dock guys are very, very busy. And I left four messages to get back with me in case I'd have to design my roof a little different. So I was lookin~ for a 'minimum pitch. A_nd I don't know the direct height, but I'm willing to work with people and make it work. And my boat was a small dock (sic.). I have the maximum 30 feet by 20, and a ig-foot boat. My boat's designed -- the,/ said after I live on this island -- I'm very, very excited just being there -- like in five years I'll probably want to get a bigger boat. So my boat dock is designed that I can notch out -- and it states in the report from Fred that I can go up to a 24-foot boat. i doubt that I'll ever get one that large, but my boat design. So, you know, I'm willing to do whatever is necessary. My only problem would be who says the final. But if I can put it at 11 feet or 10 feet, just to protect my area of my boat at the minimum height, that's all I want to do is protect my investment. So I'm willing to do ,- I'm not going out there and just this is the way it is. And the reason I didn't say anything back with him, I don't have the answer either. I don't know the construction mechanics behind it. All I just want to do is protect my investment. And I'm surrounded by the others. CHAIRMAN BRUET: How can we follow up, Ron, on this height issue? The gentleman doesn't know what it should be for, say, a 24-foot boat. I think he needs to design it for MR. PjustMER: Well, it just covers my part dock so if I-have my 19 or my 24. And the only thing I'd, you know, suggest is that -- and I'm in no immediate hurry. It's nothing that has to be done tomorrow. with. CHAIRMAN BRUET: It's the height issue I think we're struggling MR. PLUMMER: Yeah. And just when I raise the boat up, you know, to clean the boat, you have to have a roof high enough to wash underneath it. So there is -- there's going tc have to be -- a certain requirement to put a little roof would hurt me more than anything else, if I can't raise the boat up and clean it. Because every time you take it out you need to clean it. So I don't know, but I'd be willing to do whatever would work I'm not looking for the 15 feet. CHAIRMAN BRUET: We understand that. We just want to make sure that that's the way the end result winds up is the minimum height. And I'm just wondering how we can determine the minimum height for a 24-foot boat. MR. NINO: I guess we'd have to hire a consultant. COMMISSIONER OATES: Mr. Scofield can tell us. MR. STIER: Can I CHAIRMAN BRIFET: With your experience -- you can stay right there. COMMISSIONER OATES: Mr. Chairman, can we swear Mr. Scofield, or can he give us insight into how high it should be? Page 8 March 4, 1999 I COMMISSIONER PRIDDY: He's going to want to send a bill. MR. STIER: Well, look, Mr. Plummer's a really great fellow and we think the world of him. That's why I'm trying to make this as kind as I can. And I would be glad -- I'm sure that -- I just want to call this to his attention that all he had to do was say hi, how you doing, and the guy hasn't called me back yet. And I did say hi a couple times, and I didn't want to confront him on it and start anything real heavy on this thing. Because if there's one thing I hate to do is see anyone turned down on almost anything. This is the first time in my life I've ever even come up against anything in the county. I've been here since 1949. So that's a pretty good track record. But anyway, there's another thing I missed and -- the overhang. There is really no real need for that two-foot overhang. The way Mr. Plummer put his dock in there, I have a 29-foot, 10-foot beam houseboat. And when he built his dock, I actually waited till he got through, and then took a good big drink of water and went down and tried to back it out of that dock. And I did make it. And there's a lot of people that won't get that boat out and in. A novice couldn't do it. So I haven't said anything about that, because he built a legal dock. But the two-foot overhang, I don't think he needs. I don't really believe he needs to cover the entire dock, because as he walks out past the thing -- it just needs to be looked at, as far as I'm concerned, and some consideration for the people down the canal. Because if he does get it, then my wife and I have no reason not to build our house -- our boathouse just exactly the same dimensions as his, and then he will have a problem with his view. And I can rest assured that if he does go along with something that is in my viewpoint out of line, I'll be up here for a boathouse also. Thank you. CHAIRMA2{ BRUET: I 9uess if -- COMMISSIONER DAVIS: Mr. Chairman, you know, when the public hearing's closed, I'm ready to make a motion. I hear what Mr. Stier has to say and I hear what the petitioner, Mr. Plummet, has to say, and i'm of a mind to approve it as submitted with the understanding -- I mean Mr. Plummer seems like a real reasonable fellow, as does Mr. Stier, and he's made it clear that he doesn't want to do anything, that he wants to hold it to a minimum. I'm willing to take the man at his word. CF_AIP_MAN BRUET: Is there any other speakers to this issue? If not, the public hearing is closed. COMMISSIONER DAVIS: I will make'a motion to approve BD-98-44, with the comment that Mr. Plummer's made certain promises to his neighbors, and we'll take him at his word. COMMISSIONER BI/DD: Second. CHAIRMAN BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Budd to approve BD-98-44. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. MR. STIER: Thank you very much. COMMISSIONER OATES: You need to give him the thing about building the -- Page 9 March 4, 1999 CHAIRMAN BRUET: It was printed in some of those -- the applicant should be aware that this boat dock petition may be appealed by an affected property owner within 14 days of this hearing and, therefore, the applicant proceeds with construction at his or her own risk during this period. MR. PLUMMER: That's it? Thank you very much. CHAIRMAN BRUET: Moving on to petition no. BD-98-45. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) CHAIRMAN BRUET: Ross? MR. GOCHENAUR: Good morning, commissioners. For the r~cord, Ross Gochenaur, planning services. The petitioner is requesting a 17-foot extension to create a docking facility which would protrude a total of 37 feet into the waterway. The property's located at 2960 Regatta Road, in Lely, Barefoot Beach and contains about 208 feet of water frontage. The waterway's about 120 feet wide at the proposed site, and the proposed facility would be located on a dead-end cove, where boat traffic would be extremely light. There are only two lots that would be affected here. Although the facility would occupy about 30 percent of the width via regular waterway, construction of a 20-foot dock on adjacent lot 17 would still allow 50 percent of the waterway to remain clear for safe navigation. Five boat dock extensions, ranging from 25 to 35 feet, have been approved for lots on this waterway in the immediate area of the subject property. No objections to this project have been received, and staff .recommends approval. CHAIRM/IN BRUET: Further questions of staff?' If not, does the petitioner care to address the issue? Anyone in the public care to speak to this issue? If not, the public hearing is closed. The pleasure of the board? COMMISSIONER OATES: Mr. Chairman, I move we approve petition BD-98-45. COMMISSIONER WRAGE: Second. CHAIRMAaN BRUET: There is a motion to approve by Commissioner Oates, seconded by Commissioner Wrage. Ail -- to approve BD-98-45. Ail in favor? COMMISSIONER TP~GESSER: Mr. Chair, I have a question on the motion. I was looking for that window of opportunity to ask Mr. Scofield a question here. MR. SCHOFIELD: I'm sorry. COMMISSIONER TRAGESSER: Just one. When you look at this particular alignment that we have here in the drawing, assuming that this dock is built, you know, you have this -- can you see the one i'm looking at? ~. ~ MR. SCHOFIELD: Oh, yeah, I'm familiar with -- I can see it. COM>~ISSIONER TRAGESSER: Take a look at that. And then let's say you o~rn lot 17. It's vacant now, and you wanted to put a boat dock there with sufficient extension as to be able to put a -- you know, have a decent size boat. Page 10 March 4, 1999 MR. SCHOFIELD: Right. COMMISSIONER TRAGESSER: Now, is there the opportunity there on that lot -- in other words, putting 18's dock in, does it compromise the ability of 17 in any way? MR. SCHOFIELD: Miles Scofield, for the record, representing the petitioner. No, it doesn't. We took that into account. And that's why we showed a -- you know, we have basically -- this is a riparian line down the middle. And we've stayed -- basically on this little dead-end cove, you have to -- it's almost treated like a side setback. And that's why lots 17 and 18, they're the only ones in that pocket. So we drew a line down the middle of the waterway between them, and it almost acts -- it is basically a side setback, if you come to their properties where they join. And we stayed -- you know, we tried to stay off of that 15 feet. There is -- there's the same opportunity for lot 17 to do the same thing, and they have -- COMMISSIONER TR3%GESSER: The water depths are consistent. MR. SCHOFIELD: The water depths are consistent. They can come out and apply for a 15-foot extension, just like we have -- or 17, excuse me. COMMISSIONER TP~GESSER: Thank you. CHAIRMAN BRUET: There is a motion, once again, by Commissioner Oates, seconded by Commissioner Wrage to approve BD-98-45. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. MR. SCHOFIELD: Thank you. CHAIRMAN BRUET: Moving to petition no. PSP-98-18. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) MR. REISCHL: Good morning again, commissioners. Fred Reischl, planning services. This is a request for a preliminary subdivision plat for the Woodlands PUD, which is located north of Immokalee Road, generally across from Gulf Coast High School. The petitioner has proposed a residential golf course and preserve tracts with several parcels that are not -- several parcels in the PUD which are not part of the PSP. We've had meetings as late as yesterday at 4:00 to iron out some problems, and generally we seem to have everything satisfactory. There were some visitors to the office who had questions about the road on the west side of the property. And in the future, that's going to be Logan Boulevard. When I say in the future, I talked to Gavin Jones of the Metropolitan Planning Organization. It's basically going to be a driveway into this project and to any projects to the north for the foreseeable future. It's not on the 20-year work plan. Even in 2020, the Collier County population would have to exceed, I believe, 523,000 in order to have that as the county road, Logan Boulevard Extension. I had a call from Conunissioner Berry with the same questions, so I think that was answered to everybody's satisfaction also. staff recommends approval of the PSP. Page 1! March 4, 1999 CHAIRMAN BRUET: I know this has been asked probably many, many times before and I think I've even heard the answer but forgotten it. The out-parcel in the center, access to that is secured or -- MR. REISCHL: Yes, there is. CHAIRMA2; BRUET: -- what's -- tell me about that. MR. REISCHL: There is access to that parcel in the center, i know there's been on and off negotiations for this petitioner to buy that parcel. I haven't heard that yes they are ready to buy or no they're not, but there is access to that parcel, yes. CHAIRM3~N BRUET: A~ny further questions of staff? COMMISSIONER PRIDDY: I had that same question. We had a lady in here one time that said she ow-ned it, she -- CHAIPd~3LN BRUET: Yeah, I remember that. COMMISSIONER PRIDDY: -- was in agreement with it, but ~I had forgotten just what was going on there, too. MR. REISCHL: There were some vacations easements, and this one was secure. The access to that hole in the doughnut was secured before any vacations. And the petitioner even left the access easements along the east side of the property because some property owners to the north and east requested that they be left in place CHAIRMAN BRUET: Petitioner? ' MR. HERMANSON: I'm George Hermanson with Hole-Montes representing the petitioner. ' The easement to the hole in the donut, which is owned by a couple by the name Kutschera, follows the road along the west side up to approximately the southwest corner of the project. And then there's a little "S" cu~ze road that goes right into the project -- I should say an easement. So their easement follows the road up to the west side and then they have their own easement, which has been recorded, which guarantees them access. CHAIRMAN BRUET: Any further questions of the petitioner? Anyone in the public care to speak to the issued Therefore, the MR. NINO: Sally Barker. MS. BARKER: Good morning, commissioners. CHAIRMAN BRUET: Sally, did you -- COMMISSIONER OATES: Yes, she did. CHAIRMAN BRUET: -- were you sworn in? MS. BARKER: She saw me. Honest. CHAIRMAN BRUET: You've got to get a little taller here. MS. BARKER: Gee, i'll speak to my parents about that I would, except they're all dead. · For the record, my name is Sally Barker. I'm chairman of the Property Owners' Associations of North Collier County. And what I really wanted to do this morning was get some clarification on this Logan Boulevard Extension. My only exhibit here is your handy dandy basic Chamber of Commerce map, which I've never used this wonderful gizmo before, so bear with me. I'm very glad to hear that the petitioner is preserving this right-of-way. And perhaps somebody on staff could tell me how much right-of-way we're talking about What is the width, 120 feet 150 feet? ' , MR. KANT: Edward Kant, transportation services director. Page 12 March 4, 1999 The right-of-way for the -- through this particular property down near the Immokalee Road juncture is about 100 feet wide. And then as it moves north past what will be, I'm sure, some type of a decorative entrance feature, it narrows down to 60 feet. In talking with Mr. Jones at the MPO, the indications are that this road would not, even if it is extended further to the north, would not have to be more than a two-lane road. I don't -- you know, I can't defend that or promote that, because i don't have the numbers. That's just based on staff conversation. But that's the best i can give you on right-of-way. South of Immokalee Road, we have not yet begun right-of-way acquisition, except that we have 150 feet from the Island Walk development, which is two sections south of Immokalee Road. And then between Immokalee Road and the north end of Island Walk, we're looking at about 100 feet, more or less, and that will depend more on drainage than anything else. But we have not begun those right-of-way acquisition efforts, because as was pointed out earlier, these segments of Logan Boulevard Extension -- I should say Logan Boulevard, I don't like to use the word extension -- are not in the five-year plan. They're in the alternate plan, but not in the five-year plan. COMMISSIONER WRAGE: Ed, does this thing go all the way to the Lee County line? Is there any -- MR. KANT: North -- and if I may use -- if I may infringe on Ms. Barker's map. MS. BARKER: Courtesy of the Chamber of Commerce. MR. KA~NT: Courtesy of the Chamber of Commerce. There is a project called the Parklands West, which i believe is in this section nine right here. And ~- well, no, this is -- okay, which is in this section here. If this road comes up along here, depending on what the developer of Section 16 does, there's, I understand, a proposal to revamp this Parklands West. If that comes about, we'll have an opportunity to see whether or not we can get a roadway up through here. I don't know what happens in Lee County. I believe there is some -~ are some development proposals for that section four, but our plans do not show that going any further than Immokalee Road there, as I say, because Section 16, which is -- this is the Woodlands that we're talking about, this is Section 16. There is no development proposal that we've seen yet for Section 16. I might point out that the MPO, at the December meeting,.. I believe, possibly the January meeting, when FDOT came forward to look for future revisions to the unfunded priority list, the MPO requested that an extension -- a PD&E study for the extension of 951 up to the county line, and obviously up eventually to Bonita Beach Road be included in the new work program. ' My understanding is that that PD&E study was put in the new fifth year, which is actually the sixth year out and which will take the new work program, which will take effect on July 1st of this year. There's a possibility that the board or the MPO could request that that be advanced, in which case the board would have to do some advanced funding. But that study is in the works. And my understanding of the way the transportation master plan is laid out, this extension of 951 would be the major corridor, and any Page 13 extension between 951 and 1-75 would be a secondary corridor. But at this point we do not have any definitive plans on ~ roadway extensions. ~ither of"those MS, BARKER: Don't go away yet. Stay right there. While this brings me to another part of my question on 951. Look at this map. Between 1-75 here and 951 extension there, it's roughly three and a quarter miles this way, three miles that way. We're looking at approximately just under a 10 square mile block of area that will eventually be full of people. Now, with 951, as I understand it, yes, we have plans eventually to extend 951 up to the count}, line. But once it reaches the county line and swings into Lee County here, it's my understanding that it then goes through some very sensitive wetlands, and the permitability (sic.) of 951 at that point becomes questionable. So as far as I understand, there's a question as to whether 951 can be extended to Bonita Beach Road at all. And if that occurs, if it turns out not to be permitable (sic.), then we wind up with this 10 square mile block of land without any north-south __ major north-south roads going through it except for the Logan Boulevard Extension. Which is why i would like to make sure that there is sufficient right-of-way reserved in case that road is needed. And I think it's going to be needed anyway, even if 951 does go throuch Your turn, Ed. ~ . MR. K3INT: Well, with all respect to Ms. Barker, who i've known for a long time, and I do have a great deal of respect for, I'm not sure how germane this is to this petition, because that s more of an area-wide planning issue. ' I do know that the 60 feet has always been in this plan, even when I think it was called the Woodlands a number of years back. It gets us to Section 16. We can't do anything beyond the confines of this project because we do not have any proposals In front of us, aside from this project. ' I think that at least we're getting up to, as I say, the section line. I have no -- I'm not, as I say, here to promote or defend any particular road one way or the other. At this point we have what we have. And if the board when the MPO chooses to provide a means for us to complete some road networks up there that's fine. If not, to play the hand we're dealt. ' we have COMMISSIONER TRAGESSER: I'm sorry. MS. BARKER: No, I just wanted to add one thing. This is the time we need to make such plans, while the land is still there available. Granted, this may not be exactly germane to this particular project, because they have, thank God, got the right-of-way set aside. But other projects are going to be coming before you, probably in the not terribly distant future, and I would like you all to keep~this in mind. We're going to need a roadway through that area So please, just remember that. . CHAIRMAN BRUET: Thank issue? you. Anyone else care to speak to the COMMISSIONER DAVIS: raises a very valid point MPO? CHAIR~ BRUET: Yes, directed. I've got a question. Because Ms. Barker Who does she convince, or we convince, the I think that,s where this should be Page 14 March 4, 1999 MR. KANT: I might point out that the right-of-way, which is reserved, was set forth in the PUD document, which was done at the time of rezoning a number of years ago. Obviously, in terms of trying to determine routinas and corridors, it's the MPO that acts as our transportation planting arm or agency, if you will, and then through the board in terms of setting priorities and setting funding. So, you know, as I say, without trying to promote or defend it, staff has to play the hand we're dealt in terms of what is aut there. We do -- we have already looked at Section 16 with the idea that if the road is going to come up in that corner, which would be the southwest corner at the corner of Section 16 and the section of this property, it's going to have to somehow get over to the east side of that section in order to hook up -- or at least close to the east side in order to hook up with something north if the Parklands West is going to have any revisions to it. But at this point this is purely a discussion. We have no development proposals in front of us, so we can't address it. So that's unfortunately what we have to work for. COMMISSIONER OATES: Might it not be nice for us as a planning commission, though, to encourage the MPO -- for God only knows what good that might do -- but to encourage them to look at the area and maybe have some plans in the future? Not as a part of the stipulation to this particular thing, but, I mean, doesn't that seem reasonable? COMMISSIONER DAVIS: I think, Ed, if we're going to be asked to sit here and look at projects and reservations of road right-of-ways, you bet. That's -- we need some feedback from the MPO. MR. N/NO: May I offer an observation, though? And Ed, perhaps you would react to this. It's unfair to say that the traffic ways planning has not considered the need for north-south routes between Immokalee and Bonita Beach Road by virtue of the fact that the year 2020 traffic ways planned does not provide for the extension-of Logan Boulevard north'of Immokalee. That very absence suggests that it is not needed or it would be on the 2020 plan. In other words, the modeling would have reflected that need for some horizon plan, and in the opinion of MPO and their modeling process, it's apparent that a north-south road between 1-75 and the 951 extension is not justified. COMMISSIONER OATES: But conversely, if what Mrs. Barker just said may be true, they're not going to be able to get 951 across to the Bonita Beach Road. Have they taken that into consideration? MS. BARKER: I need to add something here. I have a 2020 needs assessment plan in my hot little hand. And the 2020 needs assessment plan calls for the extension of Oaks Boulevard, which is now Northbrooke Drive. And that was going to be one of the north-south avenues. Oaks Boulevard Extension, as you all know, dead ends into Quail West. It doesn't exist anymore. We've lost thet opportunity. MR. NINO: That's not true. That's not true. There is 100-foot reser-~ation. Although you may not know it, but there's a 100-foot reseI-vation through Quail West -- MS. BARKER: Through Quail West. MR. NINO: -- along and contiguous to 1-75. Albeit there's a berm built on it right now. But there is a 100-foot reservation through Quail West that would facilitate the extension of Northbrooke Drive all the way to Burnt Farm Road coming in from Lee County. Page 15 March 4, 1999 MS. BARKER: What do you think the chances are of us actually getting a road there? MR. NINO: That's not the point. The point is the reservation's there. COMMISSIONER TRAGESSER: Well, the point, too, is, Ron, that one of these days the cars are going to be here that are going to be looking for a place to go in this whole section of Collier County that we may not have roads to take them to. And if Immokaiee Road fails at six lanes out into the future, where are we going to pmt those cars? You know, you can't -- we've already got construction along that Immokalee Road corridor that precludes going to eight lanes. And if we -- and it also -- if we don't have sufficient right-of-way to do justice to an arterial roadway going to -- as an extension of Logan Boulevard, we have also removed our opportunities for an east-west, because 60 feet of right-of-way does not make an arterial roadway. MR. FJuNT: Edward Kant. I don't disagree. You're 100 percent correct. That 60 feet is not sufficient for a four-lane divided roadway. .On the other hand, that was addressed at the zoning stage, and I would respectfully submit that at this point in time, this discussion is really moot to the PSP. But I don't -- I don't want to minimize the issue by ma"king it appear that I want to dismiss it. I just think that the time that these issues need to be examined is during the zoning rather than at the PSP or site plan or some later stage down the road. Because that's the only bite we get at that apple. CHAIRMAN BRUET: Well put, Mr. Kant. MR. NINO: And I might again -- and with respect to that, I might give you some history on the Woodlands PUD when it was reconsidered. That question -- you appreciate that the Woodlands PUD had the right-of-way, the north-south right-of-way, on the east side of the Woodlands. And that was to go straight through to Bonita Beach Road. Because on the east side of the Parklands, there is a reservation for a north-south road. The conditions of approval of the Woodlands was that they have to have a reservation going north and south in order to assure access to Section 16, which is in the middle. And their response to that in their revised plan was to say yes, we'll do that, we'll maintain the integrity of that commitment by moving it to the east side -- west side. Well, when they did that, of course, considerable concern arose on the part of the Long Shore community, and there was an extension discussion at the board meeting dealing with the approval of the Woodlands. And it was resolved by specific direction of the board that north of the entryway to the clubhouse the road would al.ways remain a local road. Albeit, that's why the right-of-way reservation was only 60 feet, to specifically limit that opportunity for that road ever being anything more than a local road -- CHAIRMAN BRUET: Thank you. MR. NINO: -- by action of the board. CHAIRMAN BRUET: Anyone in the public care to speak to the issue? If not, the public hearing is closed. COMMISSIONER DAVIS: Mr. Chairman, I'm going to make a motion to approve PSP-98-18. COMMISSIONER URBA/~IK: Second. 4 Page 16 March 4, 1999 COMMISSIONER DAVIS: With the comment to be passed along to the Board of County Commissioners and the MPO that Mr.. Nino heard this discussion today, so i think he knows what to take to them to discuss it. As we've been sitting here talking about it, some comments Ms. Barker made, I sit at the top of my street, 18th Avenue Southwest, most every morning trying to get onto Santa Barbara without myself and my daughter being killed. And her comment about the north-south roadway between 951 and 75, I sit there and experience it every morning. So -- and when I built my house there in 1974, there wasn't even a bridge to get across to Logan. We call that Logan/Santa Barbara Road, that way no one gets confused. Today it's vital to the people that live in the area. A lot of times I see Ms. Barker go by in the morning, going where I'm trying to get to. And maybe it's i0 minutes later that I finally get there. So it's -- you know, maybe something has been missed here, and I think we just need to send a strong message that the MPO and the board look at it close so that we're okay in the future, we don't give it away. MR. NINO: I think it's the MPO that you need to address that issue to. COMMISSIONER DAVIS: I knew you'd know exactly who to bring our passionate plea to. MR. NINO: A~nd i will have a discussion with Gavin, ask him -- advise him of your concern for that whole area, and have the MPO reconsider it. CHAIRMJkN BRUET: Is there a second? COMMISSIONER URBANIK: Yes, second. COMMISSIONER TRAGESSER: I have a question. Based on ou~ conversation and approval of this petition, does this leave the door open still for some opportunities to expand that roadway, or would it -- from 60 to 100 to 120, or is that opportunity past? MR. NINO: Well, that opportunity never is past, because we always have the right of eminent domain. But first the need has to be determined. And if the need is determined for a north-south right-of-way at that location, then we do have the ability to acquire additional land under eminent domain procedures. COMMISSIONER TRAGESSER: And as far as the funding of the construction of what is called on petitioner's map Olde C'fpress Boulevard, how -- what's the structure of that? Is that going to be built with impact fee credits, or -- MR. REISCHL: It's going to be built by the petitioner to county standards. At this time, I don't know the situation of impact fee credits. MR. HERMANSON: There might be perhaps an agreement between the property owners on that. I don't know exactly when the road will be built. Obviously it will be built when it's needed. Olde Cypress development has no need to build a road from the south, so we are not proposing to build it as part of Phase I. MR. NINO: Is the first phase -- are you applying for impact ~ee credits on the first phase? MR. HERMANSON: I don't know. I don't know. COMMISSIONER TRAGESSER: Well, if the road is going to serve the public at large and be what would ultimately be an arterial roadway, Page 17 March 4, 1999 then it certainly would serve the public interest that it be considered a genuine function for the benefit of the community. If not, then it's really just to develop the road. MR. HERMANSON: Well, at this point I was going to read from the PUD, but the road is termed a local road in the PUD, and ~'t's in .section nine, that it's a local road and it be constrained to 60 feet. "It doesn't say it must be 60 feet or at least 60 feet, it says it will be constrained to a 60-foot local road And that's what we're providing. MR. NINO: And as long as it's a local road, it wouldn't qualify for impact fee credits. COMMISSIONER TRAGESSER: At the 60 feet. MR. NINO: As long as it's a local road. MR. HER/4/LNSON: I don't believe there are impact fee credits associated with that, but I don't recall. COMMISSIONER TRAGESSER: Thank you. CHAIRMAN BRUET: There is a motion to approve by Commissioner Davis, seconded by Commissioner Urbanik to approve PSP-98-18. Ail in favor? Opposed? (No response.) CHAIP_MAdg BRUET: Motion carries. COMMISSIONER OATES: Save a tree, George. CHAIRMAN BRUET: Moving on to petition no. PSP-98-19. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Ail speakers were duly sworn.) CHAIRMAN BRUET: Ron? MR. NINO: Yes. The petition that's before you would have a portion of the Pine Air Lakes development -- I'm sure you all know where that is -- divided into two large lots and three smaller lots. That action, of course, is consistent with the Pine Air Lakes PUD document in terms -- and the uses -- the sizes of those lots are far larger than the size that is required by the Pine Air Lakes development. It's obvious that they're structuring a lot configuration to handle buildings of significant size. The roadway will be -- the roadways will be internal; driveways, for all practical purposes; and the real issues will be addressed as a function of the site development plan. One of the conditions you'll note in the resolution of adoption is that there be no direct access onto Naples Boulevard from the three parcels that are contiguous to Naples Boulevard, so we will have a unified plan of development with internalized roads here, having minimal impact, except for the entry-way to all of the development on Naples Park Boulevard -- Naples Boulevard, I mean. We recommend approval, subject to the conditions outlined in the resolution of adoption. CHAIRMAN BRUET: ~ny questions of staff? MR. NINO: Mr. Hagan is here representing the developer, in case you have any questions of this. COMMISSIONER PRIDDY: Ron, did I understand you to say that they would not have access to Naples Boulevard? MR. NINO: Other than for the main driveway; the main driveway that will serve a unified plan of development, which is just about in Page 18 March 4, 1999 the corner there. COMMISSIONER DAVIS: How about access to Airport Pulling Road? MR. NINO: Via the boulevard only. COMMISSIONER DAVIS: So this long -- this long strip that runs in behind Lowe's, between Lowe's, I guess, and Naples Dodge, shown on the site plan. CHAIRMAN BRUET: It's not a connector? MR. NINO: Is there a northern access to that, Chris? MR. HAGAN: Chris -- for the record, I'm Chris Hagan with Johnson Engineering, representing the petitioner. And that rear entry is going to be an access for trucks only, currently to extend the one that Lowe's has. And that it will access the rear of that. What we're going to do is direct all the truck traffic to that area. COMMISSIONER DAVIS: Pretty much as it is now. MR. HAGAN: Correct. CHAIPdMAN BRUET: Any further questions of the petitioner or staff? Anyone in the public care to speak to the issue? MR. NINO: Sally Barker's asked to speak to this issue. MS. BARKER: No trusty map this time. For the record, my name is Sally Barker, chairman of the Property Owners' Associations of North Collier County. And I'm probably a little premature here, since this is the preliminary subdivision plat, but I did have some comments I wanted to make. A little over a year and a half ago, or a little under a year and a half ago, anyway, it was November of 1997, the developers came to the POACC Second District Association to show us the plans they had for developing this whole PUD. And the plans were quite impressive. I even made notes. They were talking about high tech shopping centers and using the town center concept with mixed use, cinema, restaurants, retail, Napoli Entertainment Center, et cetera, et cetera, et cetera. It sounded all very lovely. There were fountains and plazas, and the pictures were just gorgeous. And I looked at this preliminary site plan the other day. What did I see? Well, let's see, the first project out of the gate here was a big box, Lowe's. Now today we have another big box, Kosco's, separated by a strip mall. This is really going to be wonderful, folks. We've got big box row going in along Naples Boulevard. Which i don't know about you folks, but this is beginning to look very generic. This is beginning to look like exactly what we wanted to avoid. Where is the unified planning for the whole PUD? We're doing this in bits and pieces, spots here and there, putting a big box here, a big box there. Hey, gee, we'll separate them with a strip mall or two, put in a few acres of parking lots and bingo, we look like any other shopping center in Sheboygan, Keokuk, Akron, you name it. This is Naples? I don't think so. I just wanted to express my extreme disappointment that this is what the developers have come up with. I don't know what happened to their lovely plans, but hey, gee, it's in your hands now. Thank you. CHAIRMAN BRUET: Anyone else care to speak to the issue! If not, the public hearing's closed. COMMISSIONER BUDD: Mr. Chairman, I'd like to make a motion that Page 19 March .t, 1999 we recommend approval of petition PSP-98~lg, subject to the conditions and resolutions of adoption. CHAIRMAN BRUET: There's a motion to approve. Second? COMMISSIONER WP, AGE: Second. CHAIPaMiLN BRUET: There's a motion to approve by Commissioner Budd, seconded by Commissioner Wrage to approve petition no PSP-98-19. ' All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. COMMISSIONER TRAGESSER: I'd like to make a comment, if I could, on this particular project. I too attended -- neither of you gentlemen were present at that meeting we had with the Second District, but there were representatives present. And I, too, ileard of the plans that you had, and they sounded very good. One of the comments that they did make was they also were going to get together with the community and get some feedback and determine some of the interests. They were going to make this a city center, if you will. And what we've got here is another power center like the one we have at the intersection of U.S. -- of Pine Ridge and Airport. So, you know, if there are opportunities to create some public places in this project as it moves along, I would encourage you to get together with the folks that are going to be shopping in your facility. Thank you. MR. HAGAN: Once again, Chris Hagan for the record. These big boxes that you see on this plan are generally being used to fund the entertainment center project. That has not died. It's just been unfunded and this is how we're going to get it funded. There is a master plan, and there will be an outreach in the next month or so with the local people as the charett process evolves. So that hasn't died, it's just been put off for financial reasons. MR. ~;INO: Is it true -- Chris, while you're there -- that there's still a plan for an entertainment center MR. HAGAN: Yes. MR. NINO: -- and it's immediately to the east of the theaters isn't it? , MR. HAGAN: Correct. It will be -- it will integrate the existing theater into a pedestrian mall. And the Plans are rather extensive and rather expensive, and that's one of the reasons why the big boxes have gone first is that's what the market demands initially, and that's how we'll fund the pedestrian mall for lack of a-better term. ' COMMISSIONER TRAGESSER: Well, maybe they'll look like the best big boxes we've ever seen. MR. HAGAN: That's our goal also. Because otherwise the pedestrian mall won't work. ' COMMISSIONER TRAGESSER: Thank you. COM}iISSIONER DAVIS: You know, I can't -- with the architectural standards we passed and which are going to get refined, some this cycle and some more the next cycle, yeah, they're big box stores, but our big box stores now start to look different than other people's big box stores, and I think it's important not to forget that. Page 20 March 4, 1999 '~ '- CHAIRMAN BRUET: I think -- COMMISSIONER DAVIS: The Lowe's in particular, the lack of a lot of outside storage, and the way it's been constructed. It's a Lowe's store, yeah, but it's a better looking Lowe's store than a lot of places have. COMMISSIONER TRAGESSER: You know, in traveling arcund other areas, we're not alone in that. i'm seeing large commercial projects that -- in other words, I've seen better looking Eckerds than they're ~ putting up with our new design standards in our communities. And since Eckerds and Walgreens seem to want to dominate our intersections with freestanding facilities, I think our design standards can get better than they are now. COMMISSIONER DAVIS: I wouldn't disagree with you. I find the one at Pine Ridge and 41 kind of a Taj Mahal feel. COMMISSIONER OATES: Have you seen the one going up at Vanderbilt and Airport? CHAIRMAN BRUET: Moving forward, let's hear petition no. PSP-98-1. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) MR. NINO: We're into another leg of the phase of the subdivision process at the Richland PUD, which is really now referred to as Pebblebrooke Lakes. This petition includes 54 lots that you approved only a month ago, and expands on that -- and expands on that area. If I'm not mistaken, I guess this phase pretty well completes the residential development, doesn't it? MS. BISHOP: One more phase. MR. NINO: Anyway, we now have 118 lots. These lots are being divided for both a single-family and a two-family product. The lot sizes are consistent with the lot sizes provided for in the Richland Lakes PUD. And staff recommends approval subject to stipulations that I am going to amend and hand out to you. COMMISSIONER PRIDDY: Ron, while you're doing that, this PUD has commercial on the corner of 951 and Immokalee? MR. NINO: Yes, it does. I received these stipulations a little late, and so unfortunately I have to hand them out to you. But I would appreciate it if you would approve this PSP with the condition that those stipulations be included in them. Ms. Bishop has reviewed them and has no problem with them, I believe. COMMISSIONER OATES: Mr. Chairman, I have a question. Why is it always the environmental people are always handing their stuff at the very last minute? Does anybody have an answer to that? COMMISSIONER DAVIS: I think our chairman's been trying to -- CHAIRM3uN BRUET: I have been. COMMISSIONER DAVIS: -- meet with a person to resolve that issue. CHAIRMA/~ BRUET: Exactly. And it just has not happened yet. I've been trying to do it when -- MR. NINO: Bob Mulhere is aware of that situation. COMMISSIONER OATES: He's right behind you. MR. NINO: And what are you going to do about that? Page 21 March 4, 1999 MR. MULHERE: Planner I, Ron Nino. No, we did hire an additional environmental specialist, and she -- Kim Horn. I probably mispronounced her last name. But she's only been with us about three weeks. MR. NINO: Two weeks. MR. MULHERE: Two weeks. So she is in the process of being brought up to speed. Although fortunately she is an existing county employee and has, you know, pretty good experience in the area. So as soon as we can bring her up to speed, that should help. The environmental staff at this point only consists of two people, and so they're very much over burdened. On top of that, we had the EAB meeting only once a month and then we had the conflict of the EAB being disbanded and establishing the EAC, so a lot of things got backed up. I think you'll see improvement in that in the very near~ future, in the next couple of months. But we -- I'll be happy to talk to any individual planning commissioner about it, see if they have any suggestions. CHAIRMA/~ BRUET: i've been just trying to get together with Vince to discuss the issue and see what can be done. So that's a good start. I appreciate it. COMMISSIONER PRIDDY: You could give Ron about .~ week to work cn that problem. COMMISSIONER OATES: Ms. Bishop, we're not taking a slap at you. This is internal. CHAIRM3kN BRUET: Anyone have any further questions of staff? Does the petitioner care to address the board? MS. BISHOP: For the record, Karen Bishop, petitioner for the client. The stipulations that are in that list are already completed, so it's really late, because we've already done those things. We already have our permi'ts, we've already put those ~- the conservation easements are already platted, so it's not a problem for us, as long as it's accepted. COMMISSIONER TRAGESSER: I have a marketing question not related to the actual approval or whatever of this project, but just of interest. What do you anticipate the price of these -- you know, we talk about affordable home ownership. What do you think these are going to go for, pretty much? MS. BISHOP: Well, I don't think these would fall under affordable as far as -- well, let me rephrase that. I'm moving in here, so it is affordable. So that ~- because I live in the largest affordable complex in Naples, which is Golden Gate City, which the rents and home ownership there is far under the quote, unquote affordable criteria that I'm seeing around town. So -- but I would say that the houses are in the iow 100's to the mid 200's, would be what they would go for. And there's a very -- only one small amount of multi-family, a four-plex project. The rest are going to be single-family detached villas or attached villas. So it's a -- the client has cut his density significantly. This was in a density band of seven units to the acre, and he's really cut it because it's the market. He's not really selling to price range, he's selling to, I would say, to families such as myself, you know, that Page 22 March 4, 1999 are corporate, you know, parents and kids who are going to be going to the schools. That's really why I'm moving there, because the schools are right there and my kids can walk and I can get out of the taxi business. COMMISSIONER TRAGESSER: Right. That sounds encouraging. Thank you. COMMISSIONER DAVIS: Low 100's to low 200's, that's first-time home buyer market in Collier County. COMMISSIONER TRAGESSER: You bet it is. MS. BISHOP: Oh, yeah. CHAIRMAN BRUET: Anyone in the public care to speak to the issue? Public hearing is closed. Pleasure of the board? COMMISSIONER OATES: Mr. Chairman, I move we approve PSP-99-1, subject to the staff's stipulations that we've just received from the environmental folks. COMMISSIONER TRAGESSER: Second. CHAIRMAN BRUET: There is a motion to approve by Commissioner Oates, seconded by Commissioner Tragesser for petitioner no. PSP-99-1. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Moving to petition no. PBI-99-1. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) MR. BELLOWS: For the record, Ray Bellows. Petitioner W~lliam R. Vines is requesting to -- amendment to the Heron Lake PUD master plan. The project is located on the north side of 1-75 and at the east end of Recreation Lane. The intent is to replace the currently approved master plan which is shown on the iljustrator. This was approved in '94 through a PDI. Proposal is to reconfigure the lots and some of the internal roads to reflect a master plan that was approved at the time the PUD was rezoned in 1990. As you can see, it's basically the same plot configuration, except it provides for single-family lots to the south. There is also an internal stub-out to the east of the ~- the petition is consistent 'with the criteria for insubstantial changes to master plans; therefore, staff is recommending approval. I have not received any letters for or against this petition. I'd be happy to answer any questions. CHAIRMAN BRUET: Any questions of staff? Does the petitioner care to address the board? MR. VINES: Only to respond to any questions you may have. CHAIRMAN BRUET: Are there any questions from the public? Anyone care to speak? If not, the public hearing is closed. COMMISSIONER OATES: Mr. Chairman, I move that we submit petition PDI-99-1 to the -~ whomever for approval. COMMISSIONER URBANIK: Second. MR. NINO: You are the approval board. COMMISSIONER OATES: We are. I -- we approve that. CHAIR/4AN BRUET: There is a motion by Commissioner Oates, Page 23 March 4, 1999 seconded by Commissioner Urbanik to approve PDI-99-l. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Petition no. OSP -- gentlemen, petition no. OSP-98-1. This being a public kearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) COMMISSIONER DAVIS: Mr. Chairman, in the way of disclosure, I made a visit to this location. CHAIRM3k~; BRUET: Thank you. COMMISSIONER DAVIS: A_nd I'll just say to the planner who's recommended approval, this is going to be a nice improvement to the neighborhood. MR. BELLOWS: Definitely. As you can see in the photographs -- for the record, Ray Bellows. Petitioner David Sneed is requesting outside parking approval. As you can see on the iljustrator, the site is located on the north side of Poinsettia. The commercial lot is on the northeast corner of Airport Pulling Road and Poinsettia, and it's the red color. The off-site parking site is located in the RMF-6 zoning district. The commercial site is zoned C-4. Currently the site has eight parking spaces along Poinsettia. As you can see from the photograph, the parking backs out onto public right-of-way. It's not a very safe condition. The proposed off-site parking petition will add 20 spaces to the RMF-6 lot in the rear. There will be, as part of the off-site parking regulations and criteria, a t5-foot landscape buffer around the perimeter adjacent to the RMF-6 lots to the east, and a six-foot high wall. The improved ingress/egress is the major factor for staff recommending approval. Instead of having cars backing in and out of the public right-of-way, we'll have parking for 20 vehicles within a confined lot with a defined ingress/egress location. Staff has not received any letters for or against and is recommending approval for this board of zoning appeals. CHAI~ BRUET: Further questions for the staff? Does the petitioner care to address the board? MR. SNEED: For the record, my name is James Sneed with Kuhlman Engineering, and I'm representing Azar Oriental Rug Gallery, and I'm just here to address any questions the board may have. CHAI~V~AN BRUET: Fine. Anyone in the public care to speak to the issue? If not, the public hearing is closed. COMMISSIONER DAVIS: Mr. Chairman, I'll make a mction that we forward OSP-98-1 to the board of zoning appeals with a recommendation of approval. COMMISSIONER PRIDDY: Second. CH3%I~ BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Budd to approve OSP-98-1. All in favor? Opposed? (No response.) CHAIRFu~N BRUET: Motion carries. Page 24 March 4, 1999 Final agenda item, petition no. V-99-!. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) COMMISSIONER OATES: Mr. Chairman, I have a -- before we proceed, .~'I have a question. I'm not an attorney, but LTD normally means it's a limited partnership. Is this the case in this particular instance? And if it is, then we need to know who the limited partners or general partners are. CHAIRMAN BRUET: Good point, Commissioner. ! guess -- MR. YOV~NOVICH: I will check and see if I can get that information. For the record, Rich Yovanovich, i'll check and see if i have all the information. ~%!~.~..~..~ COMMISSIONER OATES: Thanks. MR. BADAMTCHIAN: Chahram Badamtchian. I was given only one name for this business, so if there are more than one owners, he will give the names. Chahram Badamtchian from planning services staff. Mr. Rich Yovanovich, representing Coastal Beverages, is requesting a 17.8-foot variance from the required 50-foot front yard, 32.2 feet. A proposed -- from 50-foot front yard to 32.2 yards. This property was -- the site development plan for this'property was approved in 1992. At that time, the yard in question was a side yard. Since then, the county acquired right-of-way to build the Livingston Road, making side yard a front yard, and basically doubling the yard requirement for this yard from 20 percent of the lot width not to exceed -- for combined sides yards, to 50 foot. Basically they are not proposing to add anything that wasn't approved previously. They are asking to make this 32-foot yard a permitted yard and remove the encroachment that is caused by the county by changing the yard from a side to front yard. COMMISSIONER DAVIS: Chahram, maybe i can make this real short. This is kind of like on U.S. 41 East where there was --,there was a taking of property, and our code allows a reduction of setbacks, but like some other people on 41 East, Mr. Yovanovich probably wants to codify it legally so that 20 years from now when no one on staff remembers this, it's there in black and white and his client is covered. Is that pretty much why we're here? MR. YOVANOVICH: That's correct. And in case that code provision ever gces away, I want to make sure that the setback is established. COMMISSIONER DAVIS: Pending the ownership, I've got a motion. COMMISSIONER OATES: Mr. Chairman, Mr. Yovanovich just says he doesn't know, so I would think I'd like to see us at least get that information back to this commission, whether it is in fact a limited partnership or -- I think LTD in English law can be a corporation, but I'm not sure. MR. YOVANOVICH: If you give me a few minutes to make a phone CHAIRMAN BRUET: Okay. COMMISSIONER PEDONE: i had a corporation that ended in LTD because it sounded classier than Inc. MS. STLrDENT: Commissioner Oates0 I've seen limited and also chartered here used in some fashion. And since I don't really do Page 25 March 4, 1999 corporate law working, for the county, I can't give a definitive answer. But i've also seen like with law firms, they're chartered, and it has CHTD after it, so -- COMMISSIONER DAVIS: I thought it was just Ed. CHAIRMA/q BRUET: Chahram, I have a question -- COMMISSIONER OATES: I'm under that impression myself, but I don't know. MR. BADAMTCHIA/q: The application I have, it says Mr. Ed MacNamara is the owner of the property. CHAIP34AN BRUET: Chahram, was the taking a donation, or did the county pay for the property? MR. BA~D~LMTCHIAN: It appears that they haven't received any money from the county. CHAIR~ BRUET: I guess you've answered my question. I'll ask the petitioner, then. MR. YOVA~]OVICH: We have -- the answer to the question, we have not been paid for the right-of-way. We're going through this procedure to keep the cost of what the county would need to pay us for the right-of-way, and we're not disputing it. CHAIRM3%N BRUET: This is part of your negotiations, so you have not been compensated -- MR. YOVANOVICH: Correct. CP~IP~MA2; BRUET: -- for loss of setback rights? MR. YOVANOVICH: Correct. Amd we had hoped that we could enter into an agreement with the county. CHAIR3~ BRUET: I think we went through it once and found one petitioner had been compensated for his loss of rights, and we were able to pick that up a couple of years ago, so -- MR. YOVANOVICH: No, we have not been compensated. CHAIRMAN BRUET: Very good. Anyone in the public care to speak to the issue? Ed, are you satisfied? COMuMISSIONER OATES: He says he's going to get us the answer. CHAIR~ BRUET: Yes. COMMISSIONER DAVIS: Why don't we jus5 pause for a moment, and all sit here and look at Rich. COMMISSIONER PEDONE: Why don't we all sit here and look at Rich? COM]4ISSIONER OATES: Even Marjorie. MR. YOV~NOVICH: I'll leave. MR. NINO: Do they sell wine at Coastal Beverages? COMMISSIONER OATES: No, but they sell Busch, Michelob, Budweiser CHAIRMAN BRUET: Excuse me, let's get back and just make it subject to a clarification. Can't we make a motion in that manner? He may not be able to find out. COMMISSIONER OATES: That's fine with me. If we can't resolve it today, all I'd like is a letter from him saying that it's -- it is or it isn't. CHAIRMAN BRUET: I'd like to see the same, Ed, and I agree, if somebody can make a motion to that effect. COMMISSIONER DAVIS: Is the public hearing closed? CHAIRMAN BRUET: The public hearing is closed. If someone can make a motion to that effect, we'll move forward. COMMISSIONER DAVIS: I have a motion that we forward V-99-1 with Page 26 March 4, 1999 a recommendation of approval, pending the clarification of ownership notification back to us. CHAIRMAN BRUET: Very good. Second? COMMISSIONER OATES: Second. CHAIRMAN BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Oates, subject to approval of -- submission and approval of proper ownership of petition V-99-1 All in favor? · Opposed? (No response.) CHAIRMAN BRUET: Motion carries. MR. YOVANOVICH: Mr. Ed MacNamara owns 100 percent of the company. COMMISSIONER OATES: That's what we thought. CHAIRMAN BRUET: So noted. Thank you. Old business. I don't believe I have any old business Anyone on the board? New business. The LDC schedule, we have discussed that Density reduction. . COMMISSIONER DAVIS: Mr. Chairman, I asked that this be put on our agenda. And the reason I asked that this be put on our agenda is I think we're all aware, having received the recent report from the consultants back to the Board of County Commissioners on the density reduction issue, my only concern is as I know that with discussions with DCA in the way of a settlement agreement, the idea of density reduction now has kind of folded into that. And I'm concerned -- I'm not concerned, I want to make sure that there,s a full public hearing for each of the components there. A~d I would just like for us to send a message to the BCC that we're looking forward to being a part of that process on density reduction for public hearings before the Planning Commission he~e, and ultimately back before th~ board again. And I can appreciate that with a settlement agreement involved that there,s some time considerations, but by the same token, I think a full public process on it is really what we need as a community. COMMISSIONER PRIDDY: Well, and more than that, Mr. Davis, i'd like to know what county staff person had authority and from whom to make ~- CHAIRMAN BRUET: Bypass. COMMISSIONER PRIDDY: -- to bypass this process and to throw that out on the table at DCA. COMMISSIONER DAVIS: I don't -- well, that's fine. I don't think it was a situation that so much as it was something in the discussion stations -- discussion stages, and an idea that DCA seems to have latched on to. CHAIP~ BRUET: And our involvement, of course, comes through the local planning agency. COMMISSIONER DAVIS: Yeah, by state statute CHAIR/~ BRUET: Yes. · COMMISSIONER DAVIS: We're the local planning agency that is required by state statute to review and public hearings on certain things: The LDC, the Growth Management Plan, et cetera. And I think that's -- there is probably the legal aspect to it, too. But more importantly, my comment was, is for us to be a part of Page 27 March 4, 1999 it and provide, as we do on a lot of issues, provide the opportunity for public input of the density reduction issue. Because I'm sure we all agree that it's a very important one and we need to be a part of it. ' .CHAIRMAN BRUET: Well, there is, as you know, a workshop coming up. I guess that's a workshop, not a public hearing. So the board can move forward with that without runnina through us initially? Is that true, Margie? COMMISSIONER DAVIS: That's what it appears to be. CHAIRMAN BRUET: Talk about the procedure. MS STUDENT: The board can hold workshops. And the way the board directed, if you recall, density reduction in the fall -- or it was even before that, wasn,t it, Bob? It was last summer -- and said that everything that was done by staff was done at the board's direction. And it just so happened that it was because we had this issue with the EAR-based amendments, and DCA had an issue about directing incompatible lands uses away from wetlands, which was something they alleged that the county failed to do; that this, you know, fit into it and could -- and I think Bob could perhaps address it a little more, too. It was a leveraging point with them. But it was something that the board directed the county do. MR. MULHERE: Yeah, I think -- for the record, Bob Mulhere, planning director. There's a lot of misinformation out there. MS. STUDENT: Yes, there -- MR. MULHERE: The board directed the staff to prepare a comprehensive plan amendment. It didn't say maybe or later. They directed us to do that. In the process, we were negotiating with the DCA, I think we had every right to discuss with the DCA the additional comprehensive plan amendments that the board directed us to prepare, relative to density reduction. And we did. We discussed them independent of the settlement process on the EAR amendments. However, once made aware of the board's directed comprehensive plan amendments related to density reduction, the DCA looked at certain aspects of those and said these will go towards our concerns for natural resource protection in the rural area of Collier County. I think that's evidenced -- and when I say misinformation, I think that's evidenced by the fact that the settlement agreement as proposed currently by the staff and as supported by the DCA does not include the urban density reduction. That's not part of the settlement agreement as we've prepared it at this point in time. It does include the rural density reduction. And the reason for that is that the DCA felt that the cjustering, which the board directed independent of the E~R amendment process, the comprehensive plan amendment and the density reduction of the rural area, that those two issues went to their concerns, or their issues with natural resource protection in the Collier County comprehensive plan. And as Marjorie indicated, the statute in 1993 that said counties and municipalities will direct incompatible land uses away from wetlands; that's what they're basing bringing this stuff into the settlement agreement on. And as I said, I mean, the urban density reduction is not even part of it. Although it may become part of it, based on what the board decides at their workshop, they could include them, because I'm Page 28 March 4, 1999 sure that when the consultants begin to talk about addressing private property rights, they're talking about a process that addresses both the urban density reduction and the rural density reduction, both of them. So that's one part of it. The second part is as far as what the board will do as a result of -- as part of their workshop, they can decide, I'm sure, to attach the density reduction to the settlement agreement, if they choose to, or to direct staff to prepare a separate amendment, or probably a hybrid that takes part of it and attaches it and doesn't attach other parts of it. I would say that any one of those three options are options the board has. We would be required to bring back any amendment to the Planning Commission for consideration. But I understand what you're suggesting is that that would be after the decision had been made with regards to certain aspects of those amendments. I think there will be a lot of people speaking to the board at the workshop about additional public hearings. Certainly the staff does not object to that. So if we have additional public hearings, it's likely that -- you know, and the board can consider it. If ycu make a recommendation, we'll carry your recommendation to the board that one of those be in front of the Planning Commission. COMMISSIONER PRIDDY: Bob, one of my concerns is, is would those natural areas -- the county staff has outlined those, and the public and land owner, me for one, has not had an opportunity to see where those boundary lines are. And I still don't have a copy of that map, but I know not so much in the case of my property but in the case of some property that Barron Collier owns, that boundary line is so far away from what anyone could consider a natural wetland area. You know, it's way off base. And, you know, those are things that can be brought out in public hearings and -- MR. MULHERE: Well, I agree. And I think that's exactly why we not only are having the workshop, but that's also why there would be other required public hearings, to look at those. COMMISSIONER PRIDDY: Yeah, but if the seed's already been planted both in Tallahassee and here that this is the route we're going down, it puts the rest of us at a little bit of, you know, unfair advantage in having to overcome that hurdle. MR. MULHERE: You know, that may be. But what I'm saying is that the board direct us to prepare an amendment. If the details of that amendment -- if individuals or entities have problems with the details of that amendment, then the opportunity to do that is either at a workshop or a public hearing. There will be workshops, there will be public hearings. Can't really do it before we prepare something for you to look at. COMMISSIONER PRIDDY: No. But these things are normally generated from here. MR. MULHERE: Right, I understand COMMISSIONER PRIDDY: ' And then Tallahassee not -- kind of worked it out in the back room and brought back to them to have a workshop. MR. MI/LHERE: No, I understand. COMMISSIONER PRIDDY: And that's where my complaint comes. COMMISSIONER DAVIS: My only concern -- my main concern in bringing this up, and it's obviously good that we did, we've been talking about it a little bit, is -- and it was pretty much Page 29 March 4, 1999 characterized by Mr. Mulhere, just simply say to the ~oard that we don't want to short circuit this thing. We want to make sure that it has a full public airing and the -- and if anything, probably err on the side of being conservative in making sure that we have plenty of public input and discussion. I can appreciate that with the settlement agreement -- and it's a little different deal than we normally deal with, but as opposed to being in a position where by the time it gets back to us, we really don't need to talk about it too much because it's a done deal. And we have that from time to time. But I'd prefer that it could be an open public discussion and we could do our job as a Planning Commission. MR. DFJLHERE: Also, those -- there should have been, I think -- I hope that there were' maps in the packet that we delivered to the Planning Commission at the meeting a couple weeks ago that -- the packet that dealt with staff memorandums] And i don't know, you were not here -- COMMISSIONER PRIDDY: Mr. Wrage delivered it MR. MULHERE: Okay, good. ' CHAIRM~ BRUET: Bob, I have a quick question. Not belaboring the point, but there,s a settlement issue, as it would relate to density reduction, is going to be a huge undertaking, whether it's, you know, an urban or rural density reduction. Dealing with private property rights, that gets pretty scary. How could we ever expect to get the settlement taken care of by tying the density reduction to it? I just see that taking so much time and perhaps litigation over such an issue. I'm just trying to understand how the thinking went. · MR. MULHERE: Well, let me answer your question. I mean, frankly, that process will occur in a sense either way. I'm not the one that dictates what process this goes through That would be a decision made by the board. But again, we have to go back. I think we have to go back. Remember, the board directed us to prepare a comprehensive plan amendment. That's really all we've done. In our discussion with the DCA, certain aspects of that, they said we'd like to include that as part of the settlement agreement because we think it goes towards deficiencies. CHAIR~ BRUET: I just think it's going to make an awful hindrance on getting a settlement agreement done That s just, know, an opinlon. · ' you MR. MULHERE: Well, it's a question -~ I mean, the settlement agreement is a function between the board and the department. And then it will go to the Governor and the Cabinet And people can appeal that process -- ' C~IAIRMA/~ BRUET: Ron -- MR. MTJLHERE: -- the same as they would appeal the comprehensive plan amendment if it wasn't part of the settlement agreement CHAIRMJtN BRUET: I see, sure. ' MR. MIFLHERE: So I think that that process, that appeal process, may take place either way. CHAIR/~ BRUET: That's true. COMMISSIONER PRIDDY: Owes you about $150 000 and about four years. , CHAIRM3tN BRUET: Yeah, I know that. Well, okay, I was just Page 30 - March 4, 1999 trying to understand the rationale, why they eventually tied the two together somewhat. It seemed -- MR. MULHERE: Well, they haven't done that. The board hasn't COMMISSIONER OATES: There we come. MR. MI/LHERE: Let me just -- because there's a lot of misinformation out there. They have -- the board has not discussed or even entertained the notion of whether or not to tie the density reduction and cjustering to the settlement agreement. That's why we're having a workshop. CHAIg_MAN BRUET: Okay. COMMISSIONER DAVIS: And all I wanted to bring up to get -- to try to focus us here is for us as the Planning Commission through our staff to say to the Board of County Commissioners, we want to be a part of the public hearing process as it relates to density reduction and the consultant,s report, which we were recently given. COMMISSIONER OATES: We could certainly say we feel that we should be a part of the process. CHAIRMAN BRUET: I think by statute we are. COMMISSIONER DAVIS: I would agree with that. And i don't doubt for a moment the board -- our Board of County Commissioners has always been very supportive of the Planning Commission being a part of the public hearing process. And you may remember maybe a year or so ago, there was some discussion of an amendment to our Land Development Code ~o kind of streamline some things, and the board unanimously was totally against that, because they didn't want to reduce one bit the opportunity for public input through the process. So, you know, to me it's a message of yeah, we're here and we're ready to work on this thing with you and glad to do so. MR. MULHERE: But let me 3ust add just a couple of comments. In any form, whether it's part of the settlement agreement or whether it's separate,' there still will be a requirement to bring those amendments back to Planning Commission. So no one has suggested that those amendments shouldn't come back to the Planning Commission, which appears to be what some people are feeling. No one has said that that couldn't happen. Legally we're required to bring them back to you. COMMISSIONER PRIDDY: My complaint was it didn't start here. MR. MULHERE: And the other aspect of that is I want you to know that I will state emphatically, because i was at euery single negotiation and meeting with the DCA, that at every meeting, Marjorie can back me up, we always mentioned to the DCA tha~ any or all of the issues related to cjustering and density reduction, that whether or not they were attached to a settlement agreement, to a stipulated settlement agreement, was a decision that u!timateiv had to be made by the board. We could only provide the board that that was one option that they could choose to exercise. And we have an obligation to let the board know what the opinion of the DCA is, and they're going to be here on the 19th to let the board know themselves, fortunately. And that that is one option that they had. Never did we ever make a commitment that this was something, because we don't have that authority, so we never made that commitment. But we always told them that was a final decision that the board would have to make. COMMISSIONER PRIDDY: I have a question. Bob, who in dounty Page 31 March 4, 1999 staff would I talk to that -- who drew those lines around the natural wetlands? ~ MR. MULHERE: That was Natural Resource Department, Bill Lorenz and his staff ~nd it's based on specific criteria so, i think you know, that's a good example. ' COMMISSIONER PRIDDY: Well they need to do some ground truthing (phonetic) then. ' MR. MULHERE: Well, I think that's a good example of the -- and the attempt, as I understood it, was to exclude the existing active farm fields. Now, if they haven't succeeded in every case, then that's an issue that we need to deal with and take a icok at. CHAIRMAN BRUET: I wonder if anyone in the public cares to speak to this issue. MR. ANDERSON: Yes, Mr. Chairman. For the record, my name is Bruce Anderson and I came down here partly to address this issue. wanted to share with you, I'm a member of the Development Services Advisory Committee, and our group voted at its February meeting to recommend to the commission that the density reduction amendments not be included as part of the settlement agreement with the Department of Community Affairs, because that was not an issue that the department or the interveners raised when they objected to the settlement agreement. Density reduction was never discussed as part of the original comprehensive plan approval amendment that was subsequently challenged. Mr. Mulhere is correct, that you all would have an opportunity to review those amendments if they are a part of the settlement agreement. Unfortunately, your review would occur after the real decision was made. And in my view, with all due respect, would be merely perfunctory and a bit of window dressing to comply with the statute. Because the real decision is going to be made when a settlement agreement is approved. Now, the interesting question is going to be if the settlement agreement is approved by a three to two vote, but it takes four votes to actually approve the amendments to the plan itself, where does that leave Collier County? in violation of its settlement agreement? But I would -- depending on how you all feel, you might want to make a recommendation similar to the one that the Development Services Advisory Committee made. We didn't take a position on the merits, we merely said that it should be subject to the normal comprehensive plan amendment process where there is duly advertised public hearings before this board and the Board of County Commissioners before a binding decision is made. And it seems to me that if a settlement agreement is approved that includes those amendments, that's somewhat binding because it's in the form of an agreement between the County Commission and the Department of Community Affairs. COMMISSIONER PRIDDY: Bruce, did you all talk at all about the throwing in of the natural resource areas and those boundaries and definitions as part of that agreement? MR. ANDERSON: No, sir, we did not Thank you. ' CHAIRMAN BRUET: Thank you. COMMISSIONER OATES: Mr. Chairman, I would like to make a motion very similar to what Mr. A~nderson has just suggested, that we be a Page 32 March 4, 1999 part of the process and that they understand that we're not trying to interfere, necessarily, but that we are concerned about our, quote not being in the loop. CHAIRMAN BRUET: Our role in this processo COMMISSIONER OATES: Right. COMMISSIONER PRIDDY: Not only us, but the public COMMISSIONER OATES: Right. ' COMMISSIONER PRIDDY: Second. COMMISSIONER DAVIS: Well, is the motion to include not recommending density reduction be a part of the settlement agreement? As Mr. Anderson pointed out, apparently that's what the DCSC did. COMMISSIONER OATES: No, not necessarily, but i would think that we certainly need to resolve where the lines are. MR. MULHERE: May I just add that one of the options that the board will have will be to just instruct the staff to advertise and hold traditional public hearings before they make a decision with respect to the settlement agreement. That's one of the options. COMMISSIONER DAVIS: Because I thought Mr. Anderson made a very good point in that a comp. plan amendment needs to follow the normal course of a comp. plan amendment. COMMISSIONER OATES: And I think that was his point, that once it's been approved, whether it's four to one or three to two or five to nothing, it's a fait accompli, as far as we're concerned. I mean, all we're going to be able to do is put a big rubber stamp on it and say yeah, what else are we going to do about it? CHAIP34A24 BRUET: As opposed to a motion, would you consider a letter from the board to the chairman? COMMISSIONER OATES: That's fine. I don't care. CHAIRMA/~ BRUET: Pleasure of the board on that one. I just COMMISSIONER OATES: I mean, I don't have any problem with a letter. COMMISSIONER PRIDDY: No, a letter's fine. COMMISSIONER OATES: Yeah, a letter's fine. COMMISSIONER PRIDDY: I withdraw my second. COMMISSIONER DAVIS: That s I ' -- ~h_nk we all have ~he concern. And I don't even know if a letter's necessary. Mr. Mulher~ is standing right here and -- - MR. MULHERE: Believe me, I will certainly deliver the message. COMMISSIONER OATES: I agree. COMMISSIONER DAVIS: You know, Bob has always been, and the rest of his staff certainly have reported very accurately our concerns over the years, so, you know, I don't have any problem with that. COMMISSIONER OATES: That's fine with me, too. CHAIRMAN BRUET: And I'll certainly support that statement, he always has. So if you would pass along our concerns and we'll just play them out as to how they're, you know, accepted or rejected and go from there. The hearing workshops haven't even been held. MR. MLrLHERE: We'll do that. MR A/~DERSON: Excuse me, Mr. Chairman, what exactly is the motion and was it voted on? CHAIRMAN BRUET: No, ~he motion died. COMMISSIONER DAVIS: Apparently I guess what it boils down to, Mr. Mulhere is going to carry our concerns to the board. MR. MULHERE: I can reiterate and make sure I have it right. Page 3 3 March 4, 1999 You're concerned that you want to ensure that the Planning Commission has apprcpriate input into this process before any final decision is made and before this is attached to a settlement agreement and, therefore, your review becomes more perfunctory at that point in time. COMMISSIONER PRIDDY: And that the public has an opportunity to comment- COMMISSIONER DAVIS: I think that's the most important of it all. CHAIRMAN BRUET: Let it be handled as a normal comp. plan or LDC amendment process goes, which is keeping us involved prior to solid direction on various issues. Discussion of the agenda -- I'm sorry, any more comments or questions? MR. MULHERE: No, that's it. Thank you. CHAIRMAN BRUET: Further discussion? Meeting adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:15 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL J. BRUET, CHAIRMAN These minutes approved by the Board on presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE INC., BY CHERIE' R. LEONE, NOTARY PUBLIC ' Page 34 County Government Productivity Committee 5leering ,~linutes 5larch 17, 1999, 4:00 P.,~l. ,,:. comrfl, roc'd Cepy~'~'' 3Iemhers Present: Commissioner Carter. Karl Otto. John Stockton, Charles Gctlcr. Bill Ebben. JudiLh McCaffrey. Janet Vasey, Bill Neal, Wol~ang $¢hul×. 13013 Cahncrs }lemhers Absent: Bob Laird. Charlie Moss. Ecl Fcrguson Sf:~ff,, Gap,' Vh'lcenl. *like McNccs .('juests: Donald Campbell fnew rll¢lllocr pending BGC approval.) Infroducf[nn: Bill Ncal opened thc Fcbntap'~ 17. 1999 mcctin,, of thc Cotmtv Govcmnmm Productivity Committee (PC)at 4:00 P..%I, and introduced Donald Campbell to the committee. New Business DiscussionofNewl)roject31atrixfi)r 1999: Karl Otto rcportcd that thcrc had l)ccn n() progress on thc Sod [:am~ or PWED Review projects due to illness and that hc woultt have a report at the next meet/nm Ga~, Vincent provided a report that listed all thc Federal ami State fimding received by the County. Itc state that hc wouht condense thc infom~ation into a spreadsheet that showed thc sources alld dcstin'ations el' thc fimdin~ and provide that to thc PC Chaim~an. - John Stockton provided a recommended oullin~ for conducting the Equipment Maintenance and Storage project..Xlr. Stockton gave a brief histoc,, of thc issues rela~ed to the project and recommended that thc subcommittee use a 5-phase program to complete thc project. Thc 5 phases include: 1) Inlbnnation gatherin~ - review current and ahcmate sites and t~cilitv conditions. 2) review co-location uroups and their requirements. 3) Update cost cst/mates. 4) Jnvcst~ua[c fimdJn,2 sources and c~>nsJdcr phased approach, and 5) Assist in preparation o1' I~xccutix'c Summa~,~ fi~r I3CC. Thc OLI[IJla: 2ISO included recommended responsibilities fur each member ~l'thc su bcomm iucc. Judith McCaiTrcv rcporled that she had met xvili~ thc R:sk Nlana~cmcnt staff and that ~hcir discussion Focused on thc safDty program that is being implemented lbr ti~c physical safety ofcoumv Cml)loyecs. tier report contained a proposed scope fur thc project and recommended six areas for evaluation: 1 ) Safety programs lbr thc physical saffctv employees and accident prevention. 2) Equipment and property damage prevention..~1 Proper and effective usc of insurance and sc t2insurancc prourams. 4) Prevent law prourams, 5) Comparison of Collier County's risk manaucmcnt Drouram w' .~ ' pm'ate ~ndust~,, and 6) Potential ovcrkm or du,)licatio,, 2,',,c,v..,L 3,. that subcommittee members be appointed that have experience in risk m:%~}~c,ncnt or loss prevcnti,.m, human resources, personal injnry law, induslrial sal'ctv, i'm)perry management and insurance coverage..~ls. XIcCaffrev estimaled I0 [o 20 man h(mrs tbr completion of thc project. Bill Ebben siatcd that hc had scheduled a meeting w/th Steve Camell for April (>, 1<~ discuss the Rcpmducticm and Graphics project. Itc also stated that I:_d Fer~uus~)n was ready to present a draft linal report on the Domestic Animal Services project, h()wevcr lid .,.'.';is unable to attend the meeting duc lo all illness in tim Familv. Janet \:ascv reported that her subcommittee had met w/th M/kc Smvkowski of the OllScc of Management and Budget. and Co'sial Kinzcl of the SherifCs Of~cc. She has gathered and reviewed many historical documents, statutes, thc Florida C'onstituri,m. and rcccnl court decisions. She stated that thc XIS'I'D General Fund hrld been crc:ltCtt ~IS u resell <~I' double taxation issue with the C/tv of Naplcs several years a,~o. Nits. Vasty stated that recent cou~ decisions have lbtmd that the benefit received dr)cs not hnvc 1() he direct a~tt primary and that thc Shcrifffs flmclions can bc considered COtlllI','v. idc Thc subcomnfittee is currently comparin,d thc llmctions that wore lk~ltlcd ~ll t}lc ,%ISI'1) ~n 1980 w/th what is lkmdcd there today. She is also Iookln~ al city brothers h) sec W}lill tlmctions are being duplicated. - - _Old llusiness Bill Nc:ii rct;,):-ted ti~at he had met with .\,like Smykowski and Gar)' \'inccnr in thc"()tticc made in the Bud~ct Process Review that was done in 1997. Iteslated fl~at thc only remaining issue had been resolved this year wilh Ibc addition ora sinkin5 fired Ibc capital C~cility maintenance and replacement. ~-{e slated lhat he was satisticd fha{ thc PC"s involvement in that project was complete. Charles (],,.'tier rcp,)rtcd t/mt all oI'lhe F'C's rccr)mrncndations in thc Pt~rcha:4in.~ Review xverc on schedule for implement:n/on. Fie was also happy ~{) rcperl ihal ;m ethics ordinance has just ~,:ccntlv bccn adopted which c{)ntains provisions prohil~itin,z certain county cmt)Myccs l?om reprcscntin~ their new cmph~bcr to thc count) years. That was a recommendation by lilt PC' that the 13C(.' did Ii<}r ini(ially implementing ~he PC's recommendations. Charles (]ctlcr reported Ih;il hc had misl;d.;enly gone lo the wron~ )'acht clul) Ilar thc last Economic Development Council's Ch;tirman's Circle. Ifc and ~i{1 N~a! ',viii ar~cnd thc next Chainn;m's Circle NlcctinM ~ ~'....t_552!,')n~ B/Il Nc;ii .slated Ihal ll,,c Internal Auditor in the ('locks el]loc had offered to work in cooperation '~'.'ilh tile Product/,, it>' C,)n~m~rtcc tv) d~) opcratioi'~',~l al. ldils ol'cOIlllt}' dOD,ltl Bents..\I/kc .X. tcNccs slated that tile Clerk'.*. rcsponsii)ility is to d,) financial audits and not operational audits. Itc stated that it is thc County's positi{m that the Internal Auditor in iht Clerks Off]cc wilt not do operational audits et'County deparlmenls. The Productivity Committee ami thc Office operational audits of County Departments The meeting adjourned at 5:45 P.NI. Copies ol'all outlines and repons provided by members and Productivity Committee arc maintained in thc muin project Nlana~emcnt :t~ltt Bud-ct The next meeting ',','ill be Wednesday. April 21"', :it 4:00 I).51. :",dministrator's Conference Room. Collllllissiol]eI' Barbara Berry Commissioner Pamela .Xlac"Kie Commissioner John Norris Commissioner Timothy Constanline Robert F. Fenlandez. Cotllllv ,'\d/llJlli.%lI':.~l¢~/' ,~.tike SnLvkowski' Bud..zcl [')irc'clot 4 County Government Productivity Committee 5leering 5linutes Fcl)rLJarv 17, 1999. 4:00 P.SI. 5lembers l'rcscnl: Commissioner (Tm'tut. Karl Otto. Ed Fcrm~son. J~hn Charles Gctlur. B~tl Ebben..ludith NIcCaffrcy. Janet X'ascv. ~II Bob Cahners 5lembers Absent: Bob Laird. Charlic Moss Staff: Gary Vincent. Bob Fernandez..Xlikc .XlcNccs .Guests: Tom Gi~tnflonc tClcrk of Courts. Internal Audit) Introrlucti~n: [3iilNcaiopcncdthcFcbruarv 17. Go'.'cmrne:;t Producti,. it',.' C,)mmittcc CPC) at'.l:0cl P.NI. New Fl,siness Approval of I)eccmber 16" minutes: Thc minutes el'thc J;.lr:Llarv 21(~'. l')'l') ;llc;.'llll.._, ,.',',.:re unanimc~t~slv approved. NewSlembcrRccornmcndation: Karl OttorcportcdthatDonald('ampl~cllslillnccdc,f tobcintc~,icwcd. BiilNcalstatedthathcxvouldcaliMr. CampScllt,,an.:m:cthc intc~'icw. Gap.' Vincent stated that thc deadline to submit thc commincc's rccom)ncndation ;o thc BCC was Fcbnia~.' 22. 1999. ]lc added l}l:lt thc tlcadlinc c,mI{~ probabiybccxtcndcd forawcckduetotl~cBCCmectin~schcdulc. NIr. Nc:~lstatcdthn; hc would call Mr. Vincent with thc final recommendations. Discussion of Ne.,,v Projec! 51alrix for1999: Aflcrabricfdiscussionoftl~cprc~jccts thc New Project matrix. Nit. Ncal requested thc chai¢crson of each subcommittee some prcliminap., inlbrmation gathering on thu'ir projects and to bring b;~ck lc thc commincc a rccomn~cndcd course of action Ibr complctinz thc pruicct .Xlikc NlcNccs. thc Assistant County Administrator. provided thc names t~' a (?out(tv staff contact l~r caci~ project. Ed Fcrguson reported that tile sui)c,'~nlw~ittcc for thc [)omcst~c Animal Services pro.jeers had met with tile l lumanc Society, the Collier County Sheriff's Oltice and thc County' Domestic Animal Sc~'iccs lDepamucnt and knmd thJ~t thc system in place was xvorki~g effectively. A draft of thc final report wilt be presented at tile next PC meeting. Presentation bv thc County Administrator: [:lobFcmandcz. thcCounty Administrator. r~rovidcd sornc i~ivhli;zhts oFthc recent t~oat-scttin,.z, scssiou with thc Board of County Con;n'ussloncrs. Top,cs discussc,.l during that session inclt, tcd Cc)untv growth, eCOllOlllJC dcveJopm¢llI, an~le×atioll.s all{] illCOr'poratioI1s. services, environmental issues and employee development. NIr. Fernandez also provided thc PC a presentation that he had recently Z.,~xcn al 'Lpulfi~c meeting. Thc presentation outlined the need for additional flmctinu tn pax fi)r thc roads and intYastmcture improvements that will be required in thc near l~nurc. "l'hc fumlinu source reconlmendcd in thc presentation was a one cent sales tax. Adoptin2 a one cent sales tax woukt allow tim BCC to Icl thc five cent ,;as tax sunset, possibly cvcn carlv. Nlr, Fernandez stated that County staff was researc~xinu thc slaluIcs rc:zardinu lant~uauc that would limit lhe use of the tax. tie also expressed concern that lbo public had nm been as welt infimned as thc BCC conccmin~ xl~e need fi)r the to:nd -,,,~' .... I in I?;~str'uctt~rc improvements, which makes it much more di?ficult tbr thc public to understand and stxppon the recommended one cent sales tax. Wolfuan,a Schutz stated timt zn i)rcscntinz this recommendation to the public, it is vo~.' important to show how much ,.v,~l,t be paid by cu~onl residents, visitors alld fixture urowzh, tie stated that currcnl residents would not bo willing to pay fi>r improvements that aren't required to lhllSil their current ncc~}s Thc PC offered lheir ass/stance in developing a marketing phm lo promolc Ifc nccll I;,r thc one cc;lt sales tax to the public. IIail and F::rev,'ell: Tile committee :,,'ill have a ttail and Farewell ti)r new end dcpar-t;t~,~z members after thcXlarch 17. 1999 regularmeetinm Xlr. Ottoaskcd.Xlr. ~;inccntmcatl the English Pub to ensure that space would be avaTlable. Old B.sinesq In-progress l'roject .';latrix: Charles C, ctler reported that he would bc attcndinz.thc Economic DevelOpnlent Council {[~DC) Chaimmn's Circle schcdu · ~ " ~ week. ,1Ir. Geller reported that he would be scheduling a mcctinld with Stc'.'c Ca:-;~c]l Io dc,. cl,,p a lbllow-up schedule for thc Purchasing Project. Bill Ncal requested Gar,' Vincent to a,'Tan,.ze a meetin,.z, w/th !he O?.{Ig Dircc:,,r-..\like Smykowski. to discuss thc follow-up to thc Bud.~ct Procc.ss review lh;!l t}'.c 1'(' tl;It_] compicted in 1997. Thc meeting adjourned at 5:-;5 P.?.l. The next rncetin~ ',','ill be Wednesday, 5larch i7", at 4:011 P.5I. in thc C,untv ;\dministr:ltor's Conference CC: Cotll~llissiollcr Barbara BerT',' Commissioner Pamela Mac:Kit Commissioner John Norris Commissioner Timothy CollSt;!rlti;;c Robert [:. Fernandez. C'ountv .'\dn'~inistrat,,r Mike Smykoxvski. Budget 13ircctor "7 E.~I ERGESC'~' .~I EI)IC-\ l, SER\'ICES ,'\I)\'1501~' COI~N(;Ii, (E.'slS..\C) ~' , '~' .-\ G E,N' D:\ Al)ril 7. 1999 *****Note **** Ne~¥ I):lle 2:00 I'..Xl. IlEAl/I'll III!!I,I)IN(; fl~ FI,OOI~, 3301 East Taminmi Trail 4 C:\ L I. TO O R I) E f~, ^I'I'RO\'AI, ()F M I.X i:TI'~$ (')1,1) I~I:SINES$ NEW IItISINESS olhem'ise nolified. ** Due Io Ch:sirma, l.ainl*s s.r~t, ry and ('hieF I"hl22 Ix. in~ Oul .f Io~vn Ihe .Uan*h ,%lec'ti.~ will I)t, chan2ed Io .,Xpril 7. 1909.**** MEDICAl., SERVICES .-\ i)Vl.q(')bt'~' ('¢)I'N('II, ( !':51S.-\ C) INi"() Fl,\l:\ I. 511N I!TE.'q 1999 I'.51. ESI ER(; ENC'Y 51 El)ICA !. SERVI('ES l! E.-\ I)()t '..\ 3301 East l'ami:~mi 'l"r:~il Council .\lemhers: (;:iii l)nlnn 5hehlnn Reed ,\like Davis .I.P. (;. nlher-.'xl.hr B,h l,nird 31icll:~el Exc.sed 51embers: l".v llilc.s Others: (:hief I:1:~= · ll)r~e ,-\ ~uilet':~ Jeff Nm'mi I:ra~uel;i The regular ,'ntmLh,x mec'tin.g cd'thc ('oilier ('otmlv I~NIS..X(' c,m~t~,i~uc ..~ caltt, d t~ ('hicfI:lagg intr(,cluccd .x. lich~tel (';eraght~.. thc ncv.,..,,~t Thc minulc~ ol'lhc J)cccmi~cr mcct~n,:z ',kelt itl~p:~,x cci (') I.l) Il I 'S I N l.:.',;.'q: Th,,: Count., \lat:agcr v, di I,~ mtr,~,.iucint: thc pr{,~zram tc~ Iix.. lhmr~l in I"cl~ualv. fiflh~v, mx 'Fh,c Data ('olIccti~m 4 Commandcr..\?iicra~avc a report on the .,\%essrnenl ('en~cr'Ic~tingthal has been takin~u p',ace for ~everal position av,',,ih~hl¢ in the Emergency Services [')elXUlment In [)ccember tus~hm was held for Chief ol'()pcration~, Ti~urc ~urc three external and Januar'v 15. testing took place for thcFh'c ('hicl',.q'()ch~'i'~cc Fire and Rescue Januarx 2q Battalion ('ommandcrs pasitions Chief of Operations Page t'eporlcd thcx had met ~ith ('h cl'l'ctcr'stm ~q'(ioldcn Ga~c l:irc Dq~arlment. Chairman of the B~xtrd of thc Golden (ialc t:irc similar m Statirm ] 2 NE\\' lllSSINESS: ChicfFhtuu inltg~r, tuccd l..icuter~anl Fra?¢Ja She is thc indi,,'idu:ll ,,,.}i~ is rcsponsiNc t',,~: desiuninu thc l'~.x.l.'':, br<~churc l.t l.rauucla was r'cccmi,, elected b,, hut lX.'crs ;ts thc paramedic tilex' x,.ould like to reprcscnt Ibc }iMS dcparlmcnl aq "l';~r',~mcdic o1' thc Yea," ChicFl:!ag~prcscn!cdl.t FTa?~clax~hhthc"Paramcdicc'flhuh'ca~"!'aduc (.'hic[t~"()';c"'ltJt'Hlq [)a'.!L' ,.VCllt ~'~\,..'!' t\~,t'~ lc,..'UIlI dt'q'l'.;tlHlCl i>'~tlt'h ()ilL' ',,si:S a EClllJclll,dH Ciaief l:la~g statc'd v, c are tr'}.'ing lo obtain :'urn:tin5 lo place Iht ..\i:~[ )'s in churches. cOIldOll!it'~itltl!'$ a'r~d tcM;it]rallts itl the H:'Cit (');,e:atirm~. (.';"ti.c, [)aue and (~rmml;tnder [(ccd {',a', c Chief :" ",' clinic, any one thal cloqcst ' ';[" ' COI..I,IER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA April7, 1999:9 A.M. 4 COMMISSION BOARDROOM, TltlRD FI,OOR--ADMINISTRATION BUIi,I)ING I. ROLL CALL II. APPROVAL OF MINUTES - February 3, 1999 IlL ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL ,AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. V. REGULAR AGENDA Excavation Permit No. EX 5').683 "Golf Club of the Everglades" Section 36, Township 48 South, Range 26 East Planned Unit Development No. PUD-00-03 "Naples Reserve Golf Club PUD" Section 1, Township 51 South, Range 26 E,~t Planned Unit Development No. PUD-99-01 "Malibu Lakes PUD" Section 30, Township 48 South, Range 26 East VI. OLD BUSINESS VII. NEW BUSINESS Discussion of LDC Amendments. VIII. ADJOURNMENT IX. WORKSHOP NOTES: mo [Board Membersl: Notify the PLA~ING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on April 1, 1999 ifyou cannot attend this meeting or it' you have conflict and thus will abstain from voting on a particular petition. lGeneral Publicl: 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 thc testimony and evidence upon which the appeal is to be based. L Agenda -April 13, 1999 Meeting called to order 2. Roll Call 3. Approval of Minutes - Meeting of March 9, 1999 PWED Report- Micah Massaquoi Landscape Maintenance Report - Chuck Buckley ° Landscape Architect's Report - Mike McGee Transportation Administration Services Report - Russ Muller ° Committee Members' Reports 9. Old Business 10. Hew Business 11. Public Comments r t e r __.~.. 12. Adjournment '< ;e "'/ ,¥,isc. Golres: Next Meeting: Ma,/11 1999, 4:00 p.m. @ Golden Gate Community Center , Date: ' ~pies 10: Minutes of March 9, 1999 SUMMARY OF RECOMMENDATIONS AND MOTIONS Minutes of i. ho February 9= meeting: Correction 6A: change 24' to 24". Sabina Musci moved to accept the minutes as amended; seconded by Bonnet Bacon and carried unanimously. 6. LANDSCAPE ARCHITECT'S REPORT Mike recommended an annual vericutting of the sod to be done phpses, which may be unsightly for about a month. This would reduce watering and would require less fertilizer because of increased penetration. Minutes of March 9, 1999 Meeting called to order at 4 15 p.m. at the Golden Gate Community Center Roil Call: Present: Bonner Bacon. Cheryie Newman. Charles McMahon. Sabena Musci. members: Russ Muller, Dan DeCasare. Transportation Landscape Services; Micah Massaquoi, Public Works Engineering Department: Steve Carnell. Director, and Rhonda Snell, Collier County Purchasing Department: Chuck Buckley, Commercial Land Maintenance: Mike McGee. McGee & Associates: Jacqueline Silano. recording secretary. Excused Absence: Charles McMahon Minutes of the February 9:~ meeting: Correction 6A' change 24 to 24". Sabina Musci moved to accept the minutes as amended, seconded bv Bonner Batch and camed unanimously. PURCHASING DEPARTMENT REPORT Mr. Carnell stated that he attended today's meeting to answer any questions the committee may have regarding the secretanal services contract Fie noted that they would endeavor to coordinate issues between the Transportation Department and Purchasing ,.vhenever there are ~ssues regarding vendors. Fie advised that he v,'ould assist Dan DeOasare with any cuest~ons lhe committee may have or attend the meeting. He advisec that the Purchasing Department received tv,,o responses out of n~ne requests from secretarial services and was aware that the committee previously reviewed the prices and that this committee's preference was to retain PS Secretarial and Bookkeeping Sen,,,ices. Mr. Carnelt said his office and Transportation Department had questions abcut the viability of the prices received from Manpower. He further stated that the prices from Manpower were not exactly in the manner that ,,vas requested and they are still trying to resolve that with the two committees that elected to retain their sen, ices He expects final ~nformat~on within the next few days. The other point he made ',vas that as a public agency they o~erate under the purchasing pohcy as establishe'J by the Board of County Commmsion,::rs wn:ch does require purchases cf this magnitude to have competition but does not require formal bidding. He stated that it was very important to do that from t~me to t'ime and do ncr have 'r---, ' . con,, ~c~s that run for many, many years ,,,.'hen spenCing county funds and to ?ye others a chance to compete for the business. B Chen/!e stated that this committee felt it would be in their best ~nterest to continue with Mrs Sdano's se,'¥ices as they assumed Manpcwer wuuld not be able to provide them with the same person each month for continuity. She noted that Mrs. Sitano did not have a raise in three years and felt that the contract should include a clause to allow for this rather than having a sizeable increase v,,hen the contract is up for bid. In reply to her query, Rhona advised that this C new contract can be renewed or open it up again for b~d. Mr. Carnell said there ,,vas nothing to prohibit them from adding an escalation clause to future contacts but that it would be included as an option so as to not lock in an increase, particularly for this kind of service. Purchasing would stipulate that the increase would not exceed the cost or living or use a regional CPi index. Rhona noted that the present contract is for one year with two one-year renewals. The current contract is up In November and Purchasing ,,viii be contacting the Transpodation Depa,~ment about the renewal in September. Steve fudher stated that the Manpower bid appeared lower than what they are actually b~lling and th~s has complicated matters. He also said that Manpower ,,vas a good firm and were providing the more traditional temporary clerical Support Bonner expressed his concerns about the reliability and quality of work ',',,hen using a temporary agency. Cheryle stated that another major concern was that the recornr,nendatior; of the committee was no~ being heard. It was her understanding that as long as the committee made a recommendation and if it was within Purchasing's pov,,er to agree, the recommendation would be followed. Steve Carnell said that they would take into account their recommendations, particularly with items that go before the BCC. and their presence at this meeting was as a matter of protocol since it is not in the ordinance. He further stated that technically his department makes the final decision on items less than $25.000. but they would consult the Transpcr!ation Department since they are the department paying for the sen.nce. He also said they would always want the committee's input and would have no problem keeping them "in the loop.' Cheryle requested clarificatior~ by asking if the committee recommended a service cr purchase (under $25,000) and he disagreed, would he be willing to leave it up to the Board to make that decision. Steve said it would depend on what it was, but his preference would be to expta~n the s~tuation to a superior, such as a county administrator, in order to reach a decision but there ,,vas nothing that would prevent th~s committee from placing the matter on the BCC agenda. Both Bonner and Cheryle felt that since the Board of County Commissioners appointed this committee as watchdogs of their tax dollars, they should be able to have their recommendations followed. Ail parties agreed that a third party should be involved ~f and when an impasse occurs between Purchasing and the Committee (Steve Carnell and Rhona Snell left at LANDSCAPE MAINTENANCE REPORT Chuck advised that three tons of fe~ilizer was applies and root drenching was done cn the ,uniter, hard. horn, bougainvi!lea, arid Thryaltis. etc He ~s in the process of turning over the much as opposed to a new apphcation, ti('e irngation system is running fine aithough a main line break in median 13 had to be repaired by Aquamatic. ,,= ................. ~ .... III ..... IIIIII o LANDSCAPE ARCHITECT'S REPORT Mike McGee advised that A & L Labs have took soft and t~ssue samples an appropriate steps were taken to correct the problems Fertilization has been ~ncreased three fold. root rot has been treated, and additional nutrients have been applied Val Prince has copies of all the lab reports Mike also said additional mulch wilt not be applied again this year to cut down on the moisture Mike recommended an annual vencutting of the sod to be done phases, v,,'h~ch may be unsightly for about a month. This would reduce watenng and would require less fertilizer because of increased penetration PUBLIC ',,,"FORKS ENGINEERING DEPARTMENT REPORT M~cah Massaquo~ reported that the contractor bdled for the full $13,750. tt~e rewsed estimate, but Mike McGee. as the consultant on the project, felt they did not spend that many man-hours (@ $55 per hour) on the grading of the C Fi 951 medians. Micah reiterated that the contour lines were clearly indicated during the bid process. Mike McGee will meet with Transportation to discuss this (Micah Massaquoi left at 5:10) TRANSPORTATION DEPARTMENT REPORT Russ Muller distributed cop~es of the budget status statemer~t, which was reviewed Next year's budget is being prepared and will be presented at next month's meeting. Dan DeCesare requested that Cheryle send a letter to Sue Filson requesting the removal of Mark Houghton as a committee member and to re-advertise the opening. D Dan advised that according to Road and Bridge. the ~ntenor medians ar(; being mowed even,,,, three v.,eeks. Apparently Ed Kant has suggested that Road and Bridge and Chuck Buckley should communicate '¢,'~th each other to coordinate the mowing schedule. No estimate of funds was provided. With reference to the new crosswalk and signal at 44TM Street. Russ adwsed that the design engineer thinks that 10' of lhe median should be removed to allow for the turning radius and that use of interlocking pavers ,,,,,as not recommended due to the possibility of creating a trip hazard. COMMITTEE MEMBERS' REPORT A. Cheryle repealed that a traffic light might be installed at the fire station As there was no further business to discuss, the meeting was adjourned at 6:00 p.m. The next scheduJed meeting will be held on April 13th at 4:00 p.m. at the Golden Gate Community Center. COLLIER COUNTY GOVERNMENT COMMUNITY DEVEI.OPMENT AND ENVIRONMENTAl. .'q-;RVI{'I.~5 I)IVI~ION February 1(). IqqO l'la,ming Servicc.~ i leparlmeut 2800 Norih lt,~rscshoe I)rive Naplt.~. l:l,~rida 34104 Nls. Allison l[crrington .-\ss~smnt Cl.(i Coordinator Bureau ot'l[istoric Preservation R.:\. (irav I3uildim2 500 South l?,ronou,..z'h Street Tallahassec. Florida 3£399-0250 RI!: Collier Count,. Prcscrx'ation I~oard .Xlccting l)ear .',.is. 1 torrington: This letter is to inform you that the Collier County 11istoric and .\rchac~l,,_,ical F'rescrvation Board ,.'.'ill hold a public hearing on Friday. Fcbruarx I~L 19'~o. I have enclosed a copy of the agenda lbr your review and records. 11' you have any qucsrim~s rc~'ardim2 these n:cctings. Dc.sc <h~ not hesitate h', ct,nl:~.t.'t nit at: 941-403-2463. \.'crv truiy yours. f Ray Bcllo,.t s Principal Planner ( C [. (i Coo rd i nato r ~ Ilishm,.: Pr¢~c,~.am,n RVB rh Phone (941) 463-2400 Fax {941) 643-6968 .-\(; I'iN I)A ('OLLIER ('OUN'FY }tlSTORIC.-\I_ ,-\RCItAEO[.O('iI('.XL PRF. SI!RV.\ I'I()N [~()..\RI) \VILL MEET .-VI' 0:c)0 A.M.. FRIDAY. FEI3RUARY 19. 1999. IN TIlE ('¢D,I.XlI;NI'I'Y DEVELOPMENT DI\'ISIONCOI. I. tER COL'NTY C;OVI{RNNII{N'I. I tORSESHOE DRIVt!. MEETING ROO.Xl "("' NAPLES. FLORIDA: NOTF.: .-\N",' PERSON \VItO DF. CIDES T()..\t'['l!:\l...\ I)t!('ISI()N THIS BOARD \VILL NEED A R[!('()R[) c)[: Fill{ PROCEEDINGS PERTAININC; 'I'ttEI~,ET(}...\NI) TI .\lAY NEED TO F. NSURE Ttt.,VI- A VERfl,.VI'I.Xl Rt!("¢)I?,I) TIlE PROCEEDINGS IS MADE, \VttI('tt TItE TESTIMONY AND EVII)EN('E I'P()N WtlICtl APPEAL IS 'TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS IlI:FORI! Till! tt..\PB V,'II.L [IL:CO.ME A PER.XlANF. NT ['ART ¢)t: !Ill{ RECORD. TtIES[-].\IA'FERIAI. S \Vil.l. Btt..X\'AII...\BI.I: P R F_S t.:.NT..VI'I ON TO Tt I[:' t]()..\RI) ~)f. ('()I 'N'I '~' ('O.XlMfS$IOXF. RS. 1. ..\[}DEND.-\ TO TIlE ,.\GF. NDA '~ APPROVAL OF NIINUTI.:.S' JaHtlal'V IS 10t~{) 3. PI...kNN'ING SER\'I('ES [)EP..kRTMENT RE~OR'I~: .I. ~)1.~)' BI.;SINIiSS. A. ()vcrscas ltigh',vi:y fk',rN'c at lt~I3 Rm'=.:c Street B. Nchrlln,,z,'s Tropical (.iar'dcn l'pdatc ('. Roberts Ranch Update D. Prcsep,'ation Board \','cb Page 5. NEXV BI;SINESS: A. Goodland Waterside t'arccl Sur-,'ev am! Assessment Report 6. DISCUSSION OF ADDF. NDA 7. ADJOURN f!IS'I{)R;('A[ ..\(.,i. ND..\ md hnmokalee Beaufi~c'afion Advisory C'ommalee ~.~ F f"~ F/! \~ F!'!' '. Agenda for February 24, 1999 1. CALL TO ORDER 2. ATTENDANCE: Denise Smith, Chairman Cherryle Thomas Dorcas Howard Russ Muller, Transportation Services Michael McGee, McGee and Associates Dan DeCesare, Collier Co. Transportation Dept. 3. APPROVAL OF MINUTES: January20, 1999 4 LANDSCAPE MAINTENANCE REPORT 5. LANDSCAPE ARCHITECT'S REPORT 6. TRANSPORTATION SERVICES REPORT 7. OLD BUSINESS 8. NEW BUSINESS 9. PUBLIC COMMENTS 10. ADJOURNMENT Next meeting: March 17, 1999 (~ 5:00 p.m. at the lmmokalee Community Park lmtnokalee Beautification/Idvisory Committee A,/c'eli~lg of February 24, 1999 The Immokalee Beautification MSTU Advisory Committee Meeting of February 24. 1999 was called to order at 5:15 p.m. ROLL CALL: Members present were Denise Smith, Cherryle Thomas and Dorcas Howard. Also present: Dan DeCesare, Collier County Transportation Dept., Michael McGee, McGee & Associates; Russ Muller, Transportation Services Dept. MINUTES of the January 20, 1999 meeting: approved with no changes. LANDSCAPE MAINTENANCE REPORT: Denise Smith stated that ChuckBuckley was absent from meeting. Mike McGee stated he would update the committee concerning the maintenance report. Mike stated that the bougainvillea plants had been replaced, but that concerning the land clearing, there were st~ll some areas that need to be filled. He stated that it was looking really rough and that parking spaces were covered with dirt. Mike stated that the gutters on the side streets had been cleaned, but that the road had not. Russ commented that the work was being done at night. Cherryle questioned this. She stated that she was a night person and had never seen them sweeping at night. Russ stated that every road they sweep is done at night. Russ suggested that the worker's supervisor at Road & Bridge should be contacted in order to find out how to get in touch with the worker to let him know about the committee's dissatisfaction w~th the sweeping. Russ stated that the committee needs to make sure that the worker is sweeping twice a month and to make the worker aware that he is missing some of the roads. Cherryle commented again that she never sees them working at night or on the weekends. Further clarification is needed. The committee needs to verify'that the work is even being done at all. LANDSCAPE ARCHITECT'S REPORT: Mike commented that bolts had now been placed on the signs. Russ stated that this was at no cost to the committee. Russ stated that he and Dan had discussed that if they were to get someone from SignCraft, they would have to charge at least $100 windshield time. Russ wants to talk with Ed about using Road & Bridge to do more of the little things. Russ commented that the district supervisor is a little nervous about doing ~t th~s way, but that perhaps talking to Ed and paying them through MSTU to come out and do the small items would save the MSTU money rather than getting a contract from someone in Naples. A lengthy discussion followed regarding contracts and having to pay travel time to Immokalee. Mike further stated that he would speak with Chuck regarding irrigation and fertilization. 6. TRANSPORTATION SERVICES REPORT: A. Russ reviewed what was covered at the last meeting regarding the Memorandum of Understanding, and passing out the Executive Summary. He stated that it lmmol~'alee Beautification Advisory Committee ~A,¢fittA,of February 26, 1999 1 (__, G 4 took him a while to locate a Memorandum of Understanding within their organization, but that he finally did. He stated that he used that format, drafted it up, and sent it to the County Attorney's office, and that it's been there for 3 weeks. Russ stated that the reason he was late to the meeting was because he had to call in his personal friendship at County Attorney to get an answer. Russ commented that he and his friend discussed the Executive Summary on the phone, and his friend stated that he didn't think it was necessary Russ explained funds to be borrowed from the MSTD and how this situahon is interdepartmental. Russ stated that the Executive Summary needs to. be changed to read the way the County Attorney's office wants it to read. He further stated that the reason the Summary went to the County Attorney's office was because there were questions about the loan itself and the 2-year time frame. These questions were answered to Russ' satisfaction by the County Attorney's office. A copy of the budget was provided. Discussion followed regarding the funds required and the actual funds available. Bids were discussed and how they need to know ~n advance if the Board is going to loan the committee money Mike suggested a loan amount of $275,000, and how this money can be distributed and used wisely. Russ stated that $100,000 would be needed in order to do the maintenance times 2 years. He also stated that the MSTD allowed $30,000 per year times 2 years. Russ stated that they would have tv;o years to pay back $270,000 7. OLD BUSINESS: There was no old business to report 8. NEW BUSINESS: There was no new business to report. PUBLIC COMMENTS: Dorcas Howard motioned to ask the Board of County Commissioners for a loan in the amount of $275,000. Cherryle Thomas seconded the motion, and Denise Smith stated "1." 10. ADJOURNMENT: There being no further business, the meeting was adjourned at 5:57 p.m. The next meeting will be held on March 17, 1999 at 5.00 p.m. at the lmmokalee Community Park O~ 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 ~ ~o 0 0 0 0 0 0 Z Z 0 0 0 ~ 0 0 (:DO'bCD Immokalee MSTU Revenue Fund 156-162723 February 1999 OBJECT CODE REVENUE TITLE LAST YEAR 97/98 EST REV REV REC'D 98/99 98~99 311100 311400 334210 36132O 489200 489900 989080 CURRENT AD VALOREM TAXES COUNTY HELD TAX CERTIFICATES DEPARTMENT OF TRANSPORTATION INTEREST- TAX COLLECTOR CARRY FOREWARD. GENERAL NEGATIVE 5% OF ESTIMATED REVENUE INTEREST - SBA 218,341.51 22.35 100,000.00 219.03 521,290.00 (11,400.00 30,218.14 226,200.00 165,913.31 0.00 7.88 0.00 0.00 0.00 92.0O 16,600.00 0.00 (11,400.00) 000 2,400.00 2,499.40 REVENUE SUMMARY 858,691.03 233,800.00 168,512.59 Page 1 16~ 4 Immokalee Beautification Advisory Committee February 24, 1999 5:00 pm Please Sign in 7. 10. 11. '12. '13. Agenda - April 9, 1999 -ICG 4 2. 3. 4. 5. 6. 7. Meeting called to order Roll Call Approval of Minutes - Meeting of March 12, 1999 Landscape Maintenance Report - Advanced Lawn & Landscape Landscape Architect's Report - Mike McGee Transportation Administration Services Report Committee Members' Reports: George Pearson Bob Cole Bob Weyers Al LePain Bill Ericson 8. Old Business 9. New Business "4¢ '~ ~e -- - 10. Adjournment ·, ,,/v,,; Next Meeting: 4:00 p.m., May ].4, ].999 @ Collier County Courthouse Complex5 Facilities Management Conference Room 11]. C*. .:.~ lU: SUMMARY OF RECOMMENDATIONS AND MOTIONS Minutes of February 15, 1999 - Correction 5B - change the word "much" to "little". Bob Weyers moved to accept the minutes as submitted: seconded by Al LePain and carried unanimously. TRANSPORTATION SERVICES REPORT Dan advised that the legal department reviewed the easement regarding the maintenance of the monument and wall. Dan had a county structural inspeclor inspect the wall and it was found to be sound. George advised that he obtained tv,,o additional quotes for the restoration: S7600 from Greg Larson, building contractor, and $4160 from J. Shannon. After further discussion, Al LePain move/d to authorize awarding the restoration project to J Shannon at S4160; seconded by Bob Weyers and carried unanimously. A lengthy discussion ensued regarding the upcoming expenses including the additional mcwings, mulch and fertilizer (approximately $3000), work on the signs ($1700 from Signcrafi), and restoration of the monuments ($41.60). As additional funds will be needed in the operating fund: Bill Ericson made a motion authorizing a budget amendment to move S10,000 from Reserves to Operating; seconded by Bob Weyers and carried unanimously. Meeting called to order at 4:12 p.m. Location - Facilities Management, Conference Room 111. Attendance Taken: Present - Bill Ericson, Robert Weyers, Al LePain, and George Pearson, members; Dan DeCasare, Transportation Landscape Services; Mike McGee, McGee & Associates: Amador Martinez and Paul Duguay, Advanced Lawn and Landscaping; Jacqueline Silano, secretary, Excused:Robert Cole, member, Minutes of February 15, 1999 - Correction 5B - change the word "much" to "little". Bob Weyers moved to accept the minutes as submitted; seconded by Al LePain and carried unanimously. LANDSCAPE MAINTENANCE REPORT A. Paul advised that the time clcck at Valley Stream Circle was changed but it will w,,h a better model. need to be changed again ~' Paul advised that they v,,cuid be landscaping at Doral Circle next week. He ,,,viii also be checking and cleaning all the valve boxes and changing the lids on medians 4-12. Paul received a let[er from Dan DeCesare regarding problems and concerns referenced in Mike McGee's quarterly report. He said most of the items have been taken care of. D. Mike McGee advised Paul that he should be repainng the porous p~pe as needed: parts are available the meter box at the U.S 41 entrance. E. Amador removed the excessive mulch around the plants on medians 16 and 17. Mike cautioned that no mulch should be in contact with any palm trunk. Mike advised that medians 4-12 have not had irrigation for ~'o weeks. George said this was due to the effluent plant not pumping. Mike noted that the pressure should be checked on a weekly basis. George advised that Wastewater Management would contact him and the Transportation Department in the future when there is ,'not sufficient water to provide their customers. LANDSCAPE ARCHITECT'S REPORT Mike met with Dan DeCesare and Amador recently and d~scussed the valve box clean~ng, pruning, and dollar weed problem. He noted that the dollar weed needs to be treated regularly to keep the problem under control. He felt that overall the project looks better. TRANSPORTATION SERVICES REPORT Copies of the March Budget Status were distributed and reviewed. There was a discussion regarding the water bills. Unfortunately the Pebble Beach backflow mechanism was taken out to prevent its theft when the effluent system was hooked up and had to be reinstalled by plumber when the potable was needed. Dixie Pluming at a cost of S434 did the work. Dan advised that an alternate locking system has been developed which should resolve the problem Dan advised that the legal depadment reviewed the easement regarding the maintenance of the monument and wall. Dan had a county structural inspector inspect the wall and it was found to be sound. George advised that he obtained bvo additional quotes for the restoration: S7600 from Greg Larscn. building contractor, and S4160 from J. Shannon. After further discussion. Al LePain moved to authorize awarding the restoration project to J. Shannon at S4160; seconded by Bob Weyers and carried unanimous',y A lengthy discussion ensued regarding the upcoming expenses including the additional mowings, mulch and fertilizer (approximately S3000), work on the signs (S1700 from Signcraft). and restoration of the monuments (S4160). As additional funds will be needed in the operating fund: Bill Encson made a mot~cn authorizing a budget amendment to move $10.000 from Reserves to Operating: seconded by Bob Weyers and carried unanimously. As there was no further bus;ness to discuss. ~he '-"~'; "' ~ ' m~ ~,,r',~ ;'.,,as adpurnea at ~ 10 p m. The next meeting has been scheduled for April 9~'~ at 4:00 ~m. in the Facilities Management Conference Room 111 I ! I I I I I I I ar s creation d isor oard C~rter __/ ' -- ~on,t,nt~ne ~ ,__ ~Aisc. Cortes: 505 ~scam~ia ~treet, qmmoka[ee. ~orida PARKS AND RECREATION ADVISORY BOARD AGENDA March 24, 1999 I. (','~1.1, 1'00I4I)EI,I: il. I'l.l-~l)(;l.~ ()F .~I.I,E(;! s,\'('E T()Till,: FI, ~(',: IlI. I'~V()( \'l'l()\: IV. '~I'I'R()~,'~I ()1 MINl"l'l.~N.l.'chru;ir~ 24, 199~) %lccliu~ VI. NI.:'~ !11 SINESS: ;I. lie:ich I':lrkin~ ()rdin:lnce II b. I.el~ Resor~ l.;tnd I),n:~lion II - :s'l]. RI';()I'I.~.',IS F'¢)R DI.~('[ ~'41()%-.~l,i-('l!l('! I'l)~,ll IIi.~,! Vlil. (){.I) Ill .~IN'Ii~, IX. 13 14 ×. A I).I() [: I~ N ~,I t';%'I' * I,ur Imm:)k;tlee ,";oulh I'n,-k I '1 :'~I INUTES OF' FEBR t.;A RY 24. 1999 ~\'11:~1.7~'I.X4(' i ! ! I ! I ! ! i , A ! ! I I I I ! I I I I I ! i I I i I I I ! PARKS AND RECREATION ADVISORY BOARD Minutes February 24. 1999 PRESENT: East Naples Community Park 3500 Thomasson Drive, Naples, Florida John Grice, Vice Chairperson Gil 5luellcr l.is:t Barnett Edward "Ski" Olcskv :\BSEN'F: i)aphne Bercher, Chairperson Timothy Black ford Karin English ALSO PRESENT: STAFF PRESENT: .Maria Ramsey, Director Murdo Smith, Recreation 5lana,,zer Bill Shelburnc. l)arks 5Ian:~ger · /acquie tlart, Secreta~' II · l,hn Dunnuck. Operations Coordinator .Joseph I)elate, Project Manager Annie Pappalardo, Recreation Supervisor East Peggy Rub}', Marketing & Special Events Supervisor Steve Peffers, Recreation Supem'isor West Jim Thomas, Athletic Supem'isor I. C.,\I,L TO ORDER: The mcctin,.z, was called H. PLEI)GE OF ALLEGIANCE'Ft~ TIlE FLA(; Ill. INVf)CATION: bv Jacqui¢ I-lan Ix'. .-\PPI~()VAL OF MINUTES: January 27. 1999 meeting. Correction to .January27'h, 1999 tninute:;: The motion should read - Motion bv .Iohn Grice to approve December 16, 1998 minutes. Seconded by Tim Blackford. Passed 6/0. Nrlotion by Edward "Ski" Oleskv to approve ,January 27, 1999 minutes as amended. Seconded bv Lisa Barnett. Passed 4/0. h i I ! i I I I i i i I ! i I I I I V. NEW BUSINESS/PRESENTATIONS Award Presentation- Nls.,Anne Pappalardo was presented with thc attitqde award. Co do Fitness Center (;rand Openin~ :March i. 1999 - .,,Is. l>,ubv stated that thc Fitness Grand Opening will bc holt! on Marcia I. 199o. Commissioner Constantine will be the Master of Ceremonies and the Parks and Recreation Advisory Board is welcome to attend. Recreation Supervisor - Steve Peffers - Collier C'ountv l'arks and Recreation schedule for thc Summer Camp Program Countywide: There are I0 sites planned in the Naples area to include 4 Community Parks and 6 satellite school sites: 2 of these camps are Middle School ago'camp. 'I'hc Summer Program starts June 14 through .,\ugust 13. 19o9 (9 ,.reeks}. Activities include sports, aris & crafts, games, movies, drama, and 2 field trips per week. Each camp location will have themes lbr cvcrv..wcck. These themes include Nature \Veek. Wild \Vild \\',.'st. Back to thc' Future. International \Veck. etc.. Field trips include boxvling, swimming, skating (ice & roller), fun parks, etc. Thc cost for camp is 5400 per child fi)r all 9 weeks. ,.\ reduced rate of 5;.350 is char-cd~_ for each additional child of thc same family..qcholarships. will be awarded this spring to families needing financial assi~;tancc. Also. it special needs camp program will be offered fi~r handicapped children this summer. A one day special event xxas offered last summ,~r. but a 3 week camp will be offered in June this vcar. \\:c are working with the Git,,' of Naples and thc School system to organize m~r elTorts. More details arc still to be developed. Immoktllee Summer Prooram?_ - Nls. Pappalardo ~qtated that thc summer camp will be held at the lmmokalcc CommuIfitv Park and also Everglades Cit.,.'. There is a possibility of a drop-in program at ,qouth Immokalee Park for the summer. .Upcomina Special Events - Ms. Ruby Recreation Advisory' Board on upcoming events. and Summer arc as follows: updated thc Parks and The events fi)r Spring · Friday. March 26. 1999. X-'l'reme Games [:or Teens: to bc held at thc Golden Gate Corotar,lit\ Cemcr ! ! I I i I I I ! I ! ! I I ! I I? i I · Mav 8. I999. 2nd Annual. Royal Palm Jazz & Arts Festival. at Sudden Regional Park. ' ~ · June 17. 1999. Teen Carnival. at the Golden Gate Comrnur~itv Center · June 18-19, 1999, Summer Fest. at the Golden Gate Community Center cot. · 4th of July Celebration. at tim Sugden Regional Park :\ schedule ,aas handed out shox,.ing all datc~, ocation:., and times ~1' thc ,2vonts. ' ' S ti Ill rlle r Ca (il p Food P rogra m - ,Xlr. Thomas ,;er'xed 47.627 break fit,q. 76.266 lunches, and 3.785 afternoon snacks durin,.z summer camp las! year. 3. lt. Thomas is proposing to serve 50.000 breakfast~ 80.00~ lunches, and -1.1illl) snacks this summer. :\n estimated cos!of S214.025.00 was rehnburscd lb( thc summer camp food grant. 'ibis 3'ear there ,,','ill be a mandatory mectinz which .Xlr. Jim 'Iho nas will hc attending in Ft. Lauderdaleon ~[arJh 'ird lotm tbvthc SUmmer Camp Grant. -- ' VI. Request for Discussion 11. Copeland Land Purchase_ -Advisory Bnard member Ski (')lcskv. ° Annie Pappalardo. and Nlurdo Smith will take a trip to ('opcland to visit thc sites in questions. b. Clam Pass Parkin~ Expansion - Nlr..X. lucller imluircd atmt, t thc Clam Pass Parking Expansion project. Nfl. Dunnuck stated that at dae last meeting a report on Clam Pass Parking F~xpan.qon was ,.4iron. Parks and R_ecre:~tion Budget - \'ice Chaimlan ('}rice inquired whether staff will provide the Parks and Recreation .'Xdx'i~{)rv B,)ard xvi~h the Parks and Recreation budget report inlbrmation. · X. ls. Ramsev stated that the budget report is an opcratiomtl isstte which does not involved the Parks and Recreation Board. VII. Old Business Impact Fee Studs_'- Staff presentcd the Impact [:cc Sluclv in Fcbruarv with 4 possible options. The Board of County Commissic, ncrs narrox~cd the decision to two ahernatives. The 1~' option excluded beach related levels oF sec'ice in impact fees. The Tourist IDevelopment Fund would encumber these expenses. Thc 2"~ option is an impact Ibc that includes ! I I I I I I ! I I I I I I i I I I I bo beach parking and park access, but excludes beach park land.- .%LiI'I' is recalculating costs and will submit a new report in April. Reoional Pa~ U date North N . - _ ~ aples Regional Park - awaiting environmental review and will go bcfiere thc lh~ard ~t' (',runty Commission in March for final approval. c. P_..a__rk Pr~ _ Sugdcn Reuional Park - thc ga×oho is under construction and will be completed by the end of Xlarch. Also thc paxing in t?ont of the park around bollards should bc completed next x~cck. Golden Gate Fitness Center is complete. The contractors arc xvorktng on the final punch list. The final walk through is February 2i. 1999. The South Naples Community Park name has changed to [!aulc Ix&cs Community Park. Eagle Lakes Community Park pro,cot ix Ii)ur ~41 weeks behind schedule. There has been a problem with rocks ,m thc site a~xl obtaining penn/ts which have catlscd thc deJays, kk'c have m~kv obtained thc building perm/ts and this project should pro~rcss. VIII. 51~nthly Report d..I...)ecember Monthl-,,_..LR~ . X,~ discuss/tm e. _BCC Recap - Thc Board of Counlv C',)mmJ~sJ,mc:.; ,u)l', :~:c'...'ts c'.cr.. ~ weck~. P__ARAB ;Vleeti~~edui_e Next mccth~g is schcdt~lcd at hnmokalce Sports Complex. March 24. 1999. ._Adopt'A-Park R_epor_t - Tim I?,lacktbrd ,.,.'as absent. 'V'ice Chairman (]rice stated that he visited thc Sugdclt R~'~i~mal Park but he got there near closing time and dM not uct a chance t,) inspect thc park. Vice Chairman Grice also v/sited thc East ~'aplcs (-',mmmnity Park but thc Sanctuag. Park was not open as scheduled. V/ce (?hairman (~ricc inquired if there were a reason why thc Sanctuary Park closed carl's. .',.Is. RamsCv stated that she will check with Ms. Rice. M's. Ramsev also stated that Ms. Rice request for lhe non-compete clause ,,,,'as a dead issue because she did not show up for thc Commisshm meeting. I I I I I I I I I i I I I ! I ! i I I IX. AD.IOURN3IENT 3Iotion by Lisa Barnett to adjourn. .$t'conded hv Gil ~MuelIer. · MeetinR adjourned at 3:50 P.M.. Passed 4/0. BEACH PARKING ORDINANCE LELY RESORT 'LAND DONATION B ,! B-6 B-7 ! I I I I I i I ! I COLLIER COUNTY PARKS & RECREATION ADVISORY BOARI) REQUEST FOR PRESENTATION TO BE PLACEI) ON AGENDA ALI. PERSONS WISHING TO SPEAK ON ANY ,.\GI-.'ND:\ ITEM ,MI)ST ~4I ;P, XIIT ,.\ %1 ',x. IXI,,\RV [11" PR ES F. NT/\ TION I'RI()R TO S PEA K I N(j. REQUEST FOR ITEM TO BE PLACED ON PAR:\B AGENDA MUST BE SUI3MI ['1 Iii) IN \VRI'I IN(; TO TIlE BOARD AT LEAST 13 DAYS PR[OR TO TIlE DATE OF THE MEETIN(}. AI.L PUBLIC SPEAKERS \\rILL BE I,IMITED TO TEN (I0) .XlINt:'TES IJNI.ESS I'I!R.MISSlt)N I"~,~I~, ADDITIONAl. TIME IS GRANTED 13Y THE Ctf/\IR,XlAN. NAME OF SPEAKER: MariaRamsey, Director l)epartment of Parks and Recreation DATE: Marcll 24, 1999 SUB.JECT: Beach Parking Ordinance I I I PURPOSE: Currently our beach parking permits are issued based on Resole~tion No. 95- 543. Putting our policy in ordinance format solidifies our policy. I i I I I SUMMARY OF PRESENTATION I I I I I I i ! I ! I I ! I I I I ! ! TO BE DISTRIBUTED AT MEETING B-7 LEAFLETTING AT PUBLIC PARK C ! I I I I i I I i ! I I I I I I I I I i I I DATE: M E M O R A N D U M March 4. 1999 TO: John Dunnuck, Operations Coordinator Parks and Recreation, Public Services FROM: Thomas C. Palmer, Assistant County Attorney RE: Leafletting at Public Park RLS PKR 99030339 This memorandum is in response to votlr Request Ibr [.e'_'al Services wherein you have asked essentially the/bllowino' Can the County prohfbit persons from handing out pamphlets at a County Park on Nlarco Island? REPLY: Thc County cannot absolutely prohibit people fi'on] handing out pamphlets at a public park on Marco Island. A public park owned or operated by the County is a "traditional public forum." Handing out pamphlets is catleci "leafletting." Leafletting is not "solicitation." Solicitation is askin,a the recipient of the handout to then and there hand something back to pamphleteer, ol:ten money. If the County wants to restrict leafletting at public parks, it must enact an ordinance to do so. Each such restriction is subject to the hiuhest strut[nv and each restriction must be based upon evidence presented to the Board of'County Commissioners whereby the BCC can reasonably conclude that eacin such restriction is necessary to serve one or another of the Countv's compelling interest(s). Such restrictions can apply to the times, the places, and the mnnner leafletting, must be content-neutral, and must be the [east restrictive restrictions possible regarding the County's objective to eliminate speciticallv ar'ticulated problems at public parks caused by such leafletting. E.g.' Foti v. CiO' Park. 146 F.3d 629 C.A.9 (Cal.) lb98: Families Achieving/ndcvgendence and Respect v. Nebraska Dept. of Social Services, C.,.\.8 (Neb.) 199:7/: ISKCO. V [nc. v. 3,/etropolitan Dade CounO., C.A. 1 II Fla.) 1998: Chicago .qcorn v. Metropolitan Pier and Exposition .4 uthorio,, C.A. 7 / Ill. ) 1998.' S. O.C.v. County of Clark, 152 F.3d 1136, C.A.9 ('Ne,,'..) 1998. CC' David C. We[gel, County Attorney h::ca/memo99,'Leaflerterin~, in Public Parks C - 8 .lanu:try 1999 and Februnrv 1999 BCC :k I) O PT-. \- I'..% R K R E PO R T f).A R.~k I ~ ,X l E E T I N G S C H E I) U L E ' D ! t) I) 13 14 15 I I I ! ! I I I I I i I I I I i i I PA RK RANGER MONTHLY REPORT · MONTH: January YE.4~R: 1999 VEHICLES :MONTit YTD BAREFOOT BEACII ACCESS: 2,769 BAREFOOTBEACit PRESERVE: 9,628 VANDERBILT BEACII: 7,423 CLASI PASS PARK: 6,798 .NORTI! GULFSIIORE ACCESS: 1..334 TIGERTAII. BEACH 6,915 Y, IARCO SOUTH ACCESS: 3,067 SUGDEN REGIONAL PARK: 4.999 COCOHATCItEE RIVER PARK: BAYVlEW PARK: 951 BOAT ILASIP: CAXA51BAS PARK: PELICAN BAYPARK: LAKE TR_AFFORI) PARK: 15.392 31.603 27. I34 25,745 5.237 35.052 7.910 16.629 4,370 19.086 7.556 26.843 1.796 6.760 7.710 15.363 3.075 9.818 4.500 14.820 VISITORS ,MONTH YTI) 6.645 36,938 I 1.553 6.I.293 17.815 65.121 16.315 61.787 3.202 14.92 I 16.596 84.125 7.300 19.055 I 1.99' 39.008 10,.188 45,8~)5 18.13a h,l.a22 4.310 16.222 18.504 36.N71) 7.381 2~.613 10.800 35.567 PERSON.41, CON'I'.,\("I S .,qlTK VISITS ?,IONTH 'V'FD MONTH 'YTD 10.602 36.239 12.0 I.I t 4.284 IN'FEIIPRKTIV}: 5IONTII YTD 13 31 PARTICIPANTS MONTII YTI) 502 691 PAR KING CITATIONS WRITTEN WA RNINGS V ER BA [, WA RN IN(;S ,', I ON'FI I YT I) 5I ONTH Y'I'D 5I ONT I t YT i) 87 208 106 395 478 1.307 CO I,'RT A P PE.,~. RA NCES -MONTH Y'FD VIOLATION CITATIONS MOI,;NI'EI) PATROl, IIOI;R,q 51OXl'II 'V'I'D 26.5 '' ~ · MONTH YTD EXOTIC VEGETATION RE.MOVED: :'~IONTH )'TL> BR-.~ZILIAN PEPPER: 363 591 AI;STRA LI..kN PINE: 135 I81 OTIIER: VOLUNTEER IIOI:RS: .MONTH RANGERS: 73.5 275 5 IIBCtt P FRIENDS: 509 958 TTBCII FRIENDS: t0 SRP FRIENDS: OTItER: REVENUE BEACIt PARKING: BOAT TIL-~ILER PARICING: CONCESSION: .MONTIt YTD CO:XI~XlENTS: Routine Admin.; Quotes for CocoDredging. lnte~'ie~s: Bch &Water Proc: ' Rangers in Y. II' i I I I i i I I I I I I I I I ! I I i i ! I I i PARK RANGER MONTHLY REPORT MONTH: February YEAR: 1999 _VEHICLES MONTH YTD BAREFOOT BEACti ACCESS: 4.002 BAREFOOT BEACH PRESERVE: 12.679 VANDERBILT BEACII: 9.094 CLAM PASS PARK: 6.425 NORTll GULFSHORE ACCESS: 2.079 TIGERTAIL BEACtl 35.373 ,MARCO SOUIH ACCESS: 6.122 SL'GDEN REGIONAl. PARK: 19,394 44.2,82 36.228 32.170 7.316 70,4'25 1-1.06,2 5.726 22.355 COCOtlATCIIEE RIVER PARK: f.053 BAYVIEW PARK: 15.199 951 BOAT RA.MP: 1.971 CAXA.MBAS PARK: 6.246 PELICAN BAY PARK: LAKE TRAFFORD PARK: 2.1.I39 42.042 8.731 21,609 5.955 15.773 4.650 19,470 VISITORS MONTtl YTD 9.605 i6.543 30.429 9-1.722 21.826 86.9,17 I5.22o 77.2o7 -1.990 19,91 I 84.895 169.11211 1.1.6°2 33.747 53.650 12.12- 57.932 36.-178 Itl0.,i~;¢; 4.730 20.952 14.990 51.860 1-1.292 37.005 11.160 -16.727 PERSONAL CONTACTS SITE VISITS MONTH YTI) 51ON'FII YTD 11.943 -18. t 82 i. 1,17 t 5.43 t INTERPRETIVE PROGRAMS .MON'['II Y'FI) 3-:' 65 PARKING CITATIONS WRITTEN WARNINGS .MONTH YTD 31ONTtI YTD 2i 229 180 575 VIOI,ATION CII'ATIONS 3IONTtl YTD PA RTICIPA NTS 31ONTtl YTD I.~1.: 1.903 VERBAl, WARNINGS MONTI! YTD 604 1.01 I COURT APPEARANCES 5IOUNI'ED I'A'I'I{OI, II¢)I!RS MONTH YTD MONTII YTD 2 ,l 62.5 I" '~ MONTIt 93 83 EXOTIC VEGETATION REMOVED: BRAZILIAN PEPPER: AUSTRALIAN PINE: OTHER: YTD 684 26.1 VOLL,WTEER HO L'RS: RANGERS: BBCH P FRIENDS: TTBCH FRIENDS: SRP FRIENDS: OTHER: MONTtl 93 509 50 10 YT r..___2 .:69 1.467 .REVENUE BEACH PA RKING: BOAT TRAILER PARKING: CONCESSION: .MONTH 83,794.21 205.168.36 I ! I I I I I I I I I I I I I I BOARD OF COUN'FY COY, I.M ISSIONERS PARKS AND RECREATION RECAPS: 51arch 3~9/99 3/9/99 3/9/99 16C1 16C2 16C3 Authorize 55.000 expenditure for County Emplo)'ce Picnic Award 572,500 to Native Creations lbr Exotic Removal at various larks. Authorize S l 5.000 to demolish buildim2 at Immokalce South Park. I I ! I I ! I ! I I ! I ! i I i I I ADOPT- A- PARK REPORT The Adopt-A-Park Report is provided by the Parks and Recreation Advisory Board. Each PARAB member visits their adopted parks and gives a detailed repo,'t o£ the parks' condition. The purpose of this report is to help Parks and Recreation I)cpartme,t to continually improve in mainlaining park facilities. Tim Blackford: a. Vineyards Community l'ark b. (;lam Pass Community Park c. Cocohntchee River Park Reporf ()n Edward "Ski" Olesky: I)aldl.ie l;ercher: (;il Mueller: ,John (;rice: Vacant Position l,isa Barnett: a. Immokalee Community Park b. lmmokalee Recreation/Aquatic a. Tigertail Beach b. South Marco Park a. East Naples (l'OrllmllllJ|y Park h. Su~tlen Re~ional Park c. South Naples Community Park a. (;olden (;ate ('omnlunitv i'ark b. Lely Barefoot Beach c. Bayview Community Park Reporl on 4/28/99 l{rl),,rl ()ii 5 _"i~'~': Report on 6/23/99 Report ()ti 2/241q9 Rcport on 2/24/99 I,tcpor! on 2/24199 1 I I I i ! i ! I I I I ! i I I I I I 16g PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE 2:00 p.m. DATE LOCATION 1. .Innuarv 27, 1999 Vineynrds Community Park. r,:.¢! 2. Febru~' 24, 1999 East N~ples Community Park..¢.~o~ 11~,,,~,~ .... ,, 7~,.~,.,. 3. March 24, 1999 (;olden (;ate Community Center. ~'~/ 4. April 28, 1999 Immokalee Spots Complex. Yo5 5. Nlav 26, 1999 Veterans Community Park. 19oo/...,,~,d,,e 6. June 23, 1999 Max llasse.h'. Communily Park. f,,,/,/c, 7. July 28. 1099 TBA 8. August 25, 1999 TBA 9. October 27, 1999 TBA 10. November 17, 1999 TBA I I.December 15. 1999 TBA NO'FE: Meeting dates could I)e changed due to holiclavs observed. I)AR,,\ll members will be notified 2 weeks prior lo meeting date in lhe event of a change. PARAII meets every 4th ~,Vednesdav of each month. ** ~IEANS A I)ATE OR A I,OCATION I IAS IIEEN (,II:\N(;EI). (D) ]5 COILIER COUNTY GOVERNMENT 4 PELICAN BAY SERVICES DIVISION r,.,.,~4Ol.,I.A(~iL O~\K DRIVE SUITE NAPLES. FI. ~.tl(IS (9-11 ~ ~97- 17-t9 FAX (941) XO'I'I('il O1: PI'Ill.lC 'M EI-71'I\(/ A ([Rl'lFIfil) P,I I'E ~ tllP' : ,MML'NI1-C NOTICI: IS Itt!i.;,liL"h GIVEN OF .\ t:'.l,'Gt:i,.,\P, .',lEE] lNG OF 'l COMMI'I-lkt! .\t' fill:' I:()I'NI).XTI()", ........Ct-]N'I'[{t,',. s,u',' tl.X"'.I\I(){'I-; ~:,"-.L i)t.,,,.~ x ',.t:i I < 11 Ill;Il).',. 3-II~1.'.4 O.",' ..\pril' 1')')'~ ;n 3;u. I".\1. \(;E\I) \ 3. 4 5. Roll ('all Appro~;d ol'lhc Mmulcq of Iht M,n.h 1, I';uv CoIllllllllIIl~ ~JIAICd [)l'¢S~lll;lllOIl~ · ~1 ('OIl1111111111~ Pol~clng P~qlCCl I~ ~'* Ollllll~lld,II IOtl ~ ln~aq~c Exoltc PI:mi · k) ('lam ~;~ COlIMI I1~Iioll ~1,1111~ bll([[lllll ('OIlMIllClhql ('(qlll:ltl PlOlCCl [)Cbl~ll licrn: Walc:nn~ - S',q;:l:~ III and IV Clrter ,?,, Constantine ' Mac'Kie Berry ~" ...... t,,,~c. Cortes: ' "':/7 ADDITION-':I.I.Y. Till.q. NO'I'ICIZ .\l)X I,¢,[:..q TI I..',.T. IF ..\ I'IU",:<()N l)lit I1)I':< 'I'().\l'l'ti.\l..\\h 1')I':('1.<,I()>, MAD[-" t3'5' TttE PIH.IC,\N B-\"f .,\I)VISOP, Y ('O.XI.XlITTti[i. \\1111 l~,E:"41'ts¢'[]lat~'~-.\Nh CONSIDER[!D ..VF 71 f15 ,MEETING. tIE \VI 1.1. ',!!F:I) .,',, l;',l-:t't')l.(l) OI-" TI I1: !'R()('I ]EDI N( iS -\Xl) '1'11 il' I:OR SUCtt PURPOSE. tie ,",lAY NEED TO E,xSUI,',ti I'It-\T ,\ VI!I{I~..VI'IXl ttli(',r.q*,l) ()f: Tflt.i I'ItOL I<t.;l)lX(iS IS TO BE ~^SE'D. /.5. ,c/.!. Copies Tn: Memorand CC: From: Date: Re: Pelican Bay MSTBU A~isorv Committee Jim Ward. Barbara Smith Alan B. Vartev 3~22~99 Meeting Ocba!c The recent trlcrease in divisiveness in MSTBU Advisory Comm~ee debates has c~used concern both from Board members and attendees of our meetings with the admonishment to "do something". As you p~'obably, know, in 1950 Ann Sturgis wrote a book titled "The Standard Code of Parliamentary Procedure" in an effort to translate "Robert's Rules of Order" into procedures that better addressed practices for small deliberative bodies as corrb'asted to the US Senate or the British Parliament. It is much more readable and practical than Roberts Rules and generally is the unw~tJng authofffy used by most small groups that b'y to follow Parliamentary Procedure. In the Third Edition of Sturgis (19&8) she includes a Chapter on Debate that I think we should all read and either infon'nally or fo~Tnally adopt as a standard of conduct for our meetings. Chapter 15 is attached. A 4 Xlr Jo,,:ph [3;m¢lu,u;~L .%Ir .Lmws C;~rroll .%h ['~d~m'd G~l'l'llh I .\b',cnl~ .N1r (;lcn It;~rrcll .-',, G E N I)..',, I~()1.1. CA! I. IX'TROI)I'('TI(JN ()F NE\~ i)f ",',::I.,: ,.'\l)[;nlh.,d Ih;il : ~ ; . ] ~ ] [ ~ .l ~ ~ i ~~ llil., (.",.linlllllh.':; ,Il:..' Colllllll%%l:,..ql(l:~ ;lll,.l ;lll~,:.N!,~ Ih;Il l~ ;l ~ ~['dl ,.;Ill ",H[~:ll:ll [[!,,:ll l'..'glllli,.' ;llld [)! ",',l~l,I'. ]IlII'('R.[IJ{,.'L] l[l~' IV,,.i Il.E,': lllCl:il'IUl,,, v, hc: v,,..,l,~ PELICAN BAY ,'~I)\'I~.~RY CO?.I.M ITI.:E March ;. Iv'r? EI.KC'I'ION' OF xt:%~, ('iI.~,IR~,IAX ANI) VI('I.: CIIAII{M.\N I-'()l{ 199') Dr \'~lrJ~", t~pcnc¢l Ibc IIl,.'¢llll~ lo IlOllllll;l[lOll for ('Il;Ill'Ill;ill Mr tt;lr~cll Ilomnlalcd .Mr Ed Gtll'l]lh ilo scco.d u;is rccc,~cd ..'~l'l'l,t()V..\l. OI.' MI\'I."I'I.:S OF Till-: I:l.:lll{l:.\l~,y 3. IUi)9 .tlr. I?~,/1i., :~//,/,rt~,'t't[ IItlrl/ti/tlr,tt,ll' /ltl' ,IlilrUtC, t;/ thc /':t'/)rttt/rF .?. 199'! ;l/i't'ti/;k'. J AI'I'IIf)V.AI. ()1: ~11\lYl'l.:fi ()F Till.: I:I.:III,',T'AI{Y I'). 19')') .M l-:l-:'l'lX(; · IIlli/ll[lllOll~ll' I/lc' .ll[lllllt'~ O/ l/It' /'('/~rt/itrl' / 9. ('()1.1.11-:1{ ('()1 N'l"f ~4111-:1{11:1-"5 (11"1.'1('1-; ~.~;11[~ IIII0 Iht "ll[~'-',l.lll.~)ll '~\,/ .11,. :1['~1,2 I0 I'll(.)\ I~.IC IJlCIll .l _L[llll]O,..k ill lit) PEI. ICAN I~AY .'~[)\'17~' ,March 3. I PELICAN BAY AI)VI%()I/Y ('()",1',11 FI ~.~ l%.n~: ~ph~d Ih.il ,, ~l~.':z tc.p,,p,.c ~.~. ~;..~c~i ~11 I~;. ,~-I ',~', ,,~ ~.,,,,, .~,[ r~,.,',,,,,. SI'I{-('() Xl n{ ITTEE EX()TI(' KEXI()VXl, Ih;il ~Oll I'O;IIO~C CxO{I.~ fl(,lll IJ*~ ~.ll~{Js I%[i.'l~ '.,3[l .;III [[ tn l:lX IIIIL]~ISI,IIP. JJI~L: ]Jl.lJ I1 X~,lt dO tlOl 4 PELICAS' ~:,..\'~' -\D\'lFOP.'f C'O\I,\IFFFEf~ Xlnrc'h ;. luu'; ~Jr ~'~IiI2f COllJlllll~ JJl:ll Ibc ~llJ)-cOlllllllllcc UJlJl [JJc CrO~ll ('dJOll~ IC~ILJCIItS J);-IOI Jo dOIfl~ JiLlS UOI~. I0 IIII~HIII I}l.'lJl ~,J ~ ii.l: ~' IlllklHj h, Lb, ,'Pti ,IJ.~' ~Cl IJlclr illJ)lll 0111hC ])l'ojccI Jl'uc l;IkC lit? D[ ~';llJf~ ~l;ij~(J Ih,il lJl~ J)J;lll ~11[~111111~(~ J~l lJlc ~lllll~ ~ll~lj) PELICAN March 3. II;lli~.~. %¢~C.l;lllOll rc'-se~:ds IIS,~l[' ~,Vh~ll XOll I;llJ,, ,IbOlll b¢iu~ il IIl~, fur I~,.'lll~-I'oLII illuliIl~, Ih;il ,clnJ,, ~A. TOII.~ Si~ll;ll. Th¢l'¢ ;IrC rg'.;l$Oll% IO I;llk Io .~o11. bill Ih~.'l'~2 ;Il'O' ;ll~o r4;l'-,Oll~, lo ,..Oil', IIh. C %(~11 ;1% h'l ~,~ h'~ I h,.',~.' .~Ir V,.ud l.'ph.'d Ih.il pl:lc~ l~i:l[ i~ltlllr~~ Iii. II iii Iht IiII1~ l'~lliO~d TH~ bill ~[i1~ I~ ~11 ~.tI~ COIflil) '~ []111~(~11 ~ [)~p. llllliClll Hlld ;1,[ Ihclll In pull SI N'ICOI~. ~[,:l ~llt ,c~ Ih;il Ih~ :r'~ h ~ll' \'J;l~Jl,..~ .t;IIL'cJ Ih:it J]~ LJo.'~ lI(,I 1llhl.'l.l;ltl:.J ',,. II[:[:L' ,,~It ~llJllt[IHlI', ,,l~l):lI OH "'.HIl',.'lhlliL.' '.~...' JCl tJO ;liP, %;I', PELICAN Bi\"( ..\I)\,'I..$.'ORy ('O.%IMIT I'l'!l-~ March 3. 1','.,~ th;it ]lc could Il:nc pro1`tdc.d ~.lt W;trd Ibc l"~()tHlll.tl'Sk.'S ol' Ils;Si SSlC I'l,, [~,,,IH~,,I.II', h;l',j h.) !'.,..' %!,]1611 :'.0 1`%¢rc Cl~clc:~','ori~l~ lO gel ;I I;1\ IC[):]IC II S',, 1101 ;I L;S~,,2 of \~lsclll,:l Ih,"..z '.l~mhl Ix: I..':~,x ,.'ti. !mi h;l'~C ;I III;III(J;IIC l'I'OIll Iht (.'Oillll'., COllllllIS$1OIl lh;~i I]~.z\, IIIIIF[ bc r~2111o'.,¢t.l. '] ]~c (lllC~ll~ll I~..;Ill \:,2 ask I~roof I:.,:-~.;In..- ~f lh~,, ~cmu\.'d lhciM c,t hml some CXF, Cll do Ibc ~,~.',,'1.. fl :I~., v,;~.. :~ ~.,~I.,~].' I;llCr :lllt. I s.ii,~ [Ii~,. II.'., -,ll~lil[,l Itel Jl,i~..' [1,,,.'~'11 pI,slllc,l [scl,.'. Ill,,.,',, ,sic ,,h;lIl,,\\ \\c I()1,:t I~llll lh,l h,.: ',~;i,, 1[1~20!1C IlS,ti ~.!£'I~IIJ:t Ihl'. iLHlh..lil;ir ])I:HI I .d('Ul'l IfHIl~-, \~HI L~;I~I l~;l\ C ;iii C',l'%l', -.~\ II ;ll~I~.,IS.~ I,~ !* i', .' rcpl;tttlltl~ I.tL~m_: i~l;l~c and ;il.,,.) ',..'OlllilllSlll~.';Hlll~ '~1`sth Ill,,.: ,\l~' \\ ¢~'l;'.-'r ',,."xl}l:SlllCd lis:il tl'thi-, 'u, cr¢ ?ul,z lo h,..' dc, sic. Il ',;utfh.] D. -:,~:l,.',.i II~,.' .~sllI:l~.[ , ~ 1)¢ IIf) i~')I {tt',~tl','..,It~il I',.'f,,,.l~:[lI1` :~ltll thc Illl~qlll,lfi,hll I h;~%,,.. I (It) SS,Il I';l\,,I :.]/!,IIIllSS'.J \'L. ,~]h.[ ll~q ~,llll find Ih;Il Otll \~,~' II:s',,~' Il,l,.] t"~.Hd~lc .~',Cn l~lldSll,.z, tqll \~li(l i~\~,llX Its¢ i)jtq),..'sl) I ',%uslKl :l-,.,tHss.- Ih,~l ii Ih.' dc~cloj~,vr do,:,., mu O\\ll Ill,.' ~rtq)Crl\ Ilo ',.,,tmld h.~\,.' ilo I~;l[)llll', ()t'l,..'lll~r~ iii? iI~ ,,,.,li~.., ~,\ '- - ~' .Il.,..' tl~[ ,\ ~.'ll >,llr,~ lflisl'~ ,...o!sld [).2 ~l,:s,;.Jc ICtl~;h. ll\,..' ;111~.] ,_'o I),l,.l. ,ilI,.J lll,lI,C ltllll ICllh)',,C IIi.' c..~,',~_~ (..",)lllilllx>hql~.l I'~';Iii~T -,I:tl,2~.] ltl:Il I,, ,Ill IIII.'IC~,IIIIQ ilCqlll ;lll,,I ',',,..' ~l~, ll,t',c .~)li~' I~.'\ CI,IL'.' i'~.,.;lIix~., COI11`'¢ES'.IIIOll ;l['~()lll 11i,2sC I%bll~'~. %\C ~;lll ,,2011111111111,J~tl~2 IIo\~, IIIIptllliIIll II Ix Itu IIISll tO dO tlls~ dtlk..,csscc Itl;llter ',A]I,.'IC ISC Iq I ;Sill II(.)l lOC) ,..ols.',.'rllCd ;~b,,qlt Ih:ii I Is;11`¢ I~l;i~.]c :1 ,.,ill h', ltm. l ~,HI \\ h.'H Linc ( L ( ) · ,Acre l.s~,lI,.'~J Oll lJi~,~g, I'qlll,,.[lil~S :IIILI I 1`',;1111 lo ~CI ,i I~'pol'l (.')l' ','~h;u took p!m.',.' \\hCsl ,ISld li()\~ "~ PELICAN I;..\Y .\I.~VI.~¢,U~,Y ('O\I\III'TEE ",h,~ ".'l.( ,i;rh', ~1~1 u;,.,.l Ih. ii ,~J;... I',, U~ll I Il[ill/ l,.'l.m,.'~,l hid l~..liuu,.. \I~ I),.k i l.uu:ll,~.u . ('I.tlh. J,.jj I-~,l~.J. lll- ~1 1~, lil~,, um.l...'f',h;u,hnL, fit ,, ('0. Jl~ Jl,l~ J,,) ~.l~;.lll '..~lll Ill; ~.'\l~ilf., '~! lhc ('J,III,JL'..' ',if '~;J,..,,.ll'~j]', I~,~,;. dOllC Iii ~.JC.JII i~ ill) ,,Ih, I Il I~, ,I ~..]I".L'I';I.~. J '..',llllh, d [IjJl,..'~. Ill II ',',C ,Il ,',: ,lll',lh,.j,, IJl;ll j)J;lll IS I¢". I~'".;Ct, J. ~.~, (..'J IIII~IJLIs ill IIl".,l:llJ Ill;Il (Jo IJliltJ~ Iii. Il ;11 ,qlr lil'.l',l¢lkf,; lJlc: JLll ~. ,,..i~lll,' b,~.l..m*.l j}l,..'-,,.'nl,.'*.j ;I J'~l,.H..'l;ml h', ~.l,.'~ ,tl;',,ul r~.u,;,~ ii ,I .;',.,,Ii.;. h.'i,q,.' ~h.~ ?.h' ~,V;m.I r,:l')h,:d Ih,il Ih,,:j.: ;If,: I'Ol. pi,mi In: ti' ;il,, v, lu,.h lo Ih¢ ¢)r,'brl:~f ..', .m,.I ',~, h,,.'ll Il,,:',, I'~nl.h,:d LJoilt'..'. Ih.il '~1.~1'1' .L,,I...'%l th. Ill Jl;l'~,.' illlCd :1 ~.~,HIl,'.l.l(,i' Io (Id Ih. il J'Jt,:ll ~¢ ;l'.J',;d Ih;lu IO pJ;llll ill;lh.'l'l,lJ',, '.lllilJ,lr IL] %%JI;ll ~,~c ',~,CllJ III ,lll(J ',Jl(J :1! IJl~: Jt.'[(lll 2,,~. ~, JJl~~, t,~,~.)llJ;.j ::(~ J.];t.[', [11 ,,lJLI l~l~J,llll Ih.il t-I ..... J iii,Il Il i', 1,~i ,I I.'l?l:l,;lll,..llj Iii hoh',ll,.:;dl', ,,'bl',..l. I,~ Il Ih.', ,.,.)uI,J t)l,.~h, lbl.-, ~cl j? ;',,I II .'%";, lildJ..ll,.,..J JilJ~J~.' ~,.:i'.,l:lilH'2 ,IH,J J,l.J, llll.: h.?o IIIIh. J: ;llliJ J iJlllli. ~.,¢ ~;111 Lt~J Ih.'l~. I~llllllJlll~*ll~(l' hi Jill Jll,J~' ~'.~lffJ[ t~'tll, vul ill Ill'.vI Il'ill' '~ Itlt,lllllll,,ll~Jl* l~l /~llr~ltj' ,:t'l/l/[' r~'lllllhlJ ,lll(J ru/,I, mfi. c. ~ ,,~f~ ,u/II/ ~luvuh,p,,t. ti0 ~,~'~.' kll,.'Jl,~ lJtc I,)lditl,lll,.,., ',;;15 II1 J)J,l~ ;il ~ic IIIIIC Iii,.' Jlllll~.JillL,., %',CI,,.' ,.LHI~.IIII.I,.LJ. ',ti Ih,.l~ ',x,~,, ;ll'ril-iII;lll,,~ tJlll~, h) L~('~ Ill'l| ~),'c .IJ'.,~) J, llt)%~, lJl Il '.~,,.' II.lkC Iii,.' d,.",cJ(lj).'l ,qll II.l~ Ih.d i~. J'HilJ,l~ilt,. IIII.L'!IJ J)~ i~J b.'ll.'lil i~ l!l~' .i, ijjjjlJljjjj[? ,ilJi. l IJll'~ ('tqltJlllJJ.'C J.1~' I I~'.~ I[ ,I ',,!.j~ IJ ,I IIIJIL' jhld ,Ifld ~,,l :l~J~ ',~,~lj~j [l[J..I~ ~IH~UI.IJj:~j). ',~jl;ll ~,;zt~ t,~.l I~ ~1.' ',~,l- Ijn;I ~],. j~,,h[.,~ ,.. I,..,,]d~ ,lrO $0:1 01]1:~2 ~[,,I ,',:~:lld {'.'~',:1t~'~ ~'i,~ ,:1.',1 .Hid lh.'~ ..ull,I bo ~l, .,m::::i~.;l,::i '~:;l,., t,.:...]~..I ~ll I .lin PEIJC..XX UAY ,\D','I~t)p,~ CO,xl.Xll I't *hrch .~. I~'ELICA',; l-,)&3 ALP,. I~()i",Y (. IJ',IXII I'l iii! M:trch 3. I',)'.,",~ pl'o[)[211l ',',C ,Il..' lr~,Hx:.z, lo ,.,,.)b,~ I lit.,,.) OI:IJICtI'Y.'HIII. J'~...'Ciltlx,: h.~ tiP, [,.lU,):,,ICdnL'c .lm.t I ~.) Foltnd;lllon [~)O:ltd xotC Ih,il th,:\ lhow.-'hl this back lo lh~ NIS'I'I]U .iIKJ lil~ ~;HI I~ ~J ;l~ IJlCIl kill)ill P[{I.IC:\', !;\', \l~\l~;(')R;'( based on Iii;il ptg:,g~:l.lllOll J JJlilJ l~iJs gl~Cll ~,l~ CX.l.jJ~ .1~ dOllC lllliJ lo pl2sClll Ih,il illld lo \h COIIIIlltllltl ', Ill;HI', ,'.-liJ.'llln *,l i'.'!l...IJl J~.,l\ .is. ::. iL :ill-[ {],. i~llll ",llJ.lltll!' [i'l' ' '~,l|,.'{J Ih. II II ~VO In lO {~k' IlltJsJ~:.'ll.' ,Hid ];I ~'~ C;~J~t,.Js [)I Varl;~ ;xt)l.iili..tl IL:Il docISlOll hi ~%' lt:;~J4 't~d.l~ J dot: I PELICAN P~L,\%J' ADVI,g()I,~Y COM.%II'FI'El: M:irch I. :is F, OSSlbl¢ bce:ltl,,: :l I,.~ of lhcs,2 po.,l:,lc .~ll..lllll (].l",f uI'lll,J ('o;oll;IdO JX:¢;lil$.~. J II;id ~,OIII,JiJllll~ lO kOIlll'lblll¢ ;llld I do Ilol IJiillk Ih;Il tile c0nsld~r Ill? po',',,ll'Hlil), ,,.'d ',.ofll~ l~,p~ ii1JJl,~ I,,IO:lllllZ ()iJ,.t',.: l.,.~ ~1, j ~11,,.' i1,,,1 We :ill j:;l:, a. o~;...~,, ,.~'1 ,..u i)J,,'~l:~¢rl,,, ;lllCJ Jl.l",,J IIIc rt,_,hl [)1 "',',11!~', 'I.lJc,.J Iii,Il ii,,.' h.in tkl~.J hl..~ ~,c",.cf';IJ Illh¥:., III II:-.' j',.:'.,l "-J~,.'[;IJ d;l",',. J ~J,.) Ihq LII~./\\ \~Ji,..Ic IbC [qk. IlOI :11101'~;llll/,,.'d j)l,.~j')t'p.,:lJ \\ ¢ Jl~;ll ¥',ld~llllilJ 'llld lui. iliJ.~tlll~ .l I)Ui',Jh. J'.,,.'~lllll'.2' ~.Jf J:JJdqCli~ Ijl~JI~d Ih;Il [ollr l~,31, bill ;1!.,;o i]1 Jhc ;,.OII.-.IIHCII,;iIi ,~LIll ,ll,~ ~L)iII~ l~J tJc.",llO'. 'i,\ Jl~ll I1~. J bOIl~]l[ II1', JlLqlIC il?lC l'~ff IJldl l~':l~,/,Jll ()11 IJlf III ils Clll'l"~lll 1~.)[]11 I l'~l ~.~¢ .~I~ ;lJJ ~;lJ~.'l l'h¢ PELICAN Xi:~rch ~. PEI.ICA× t3,\Y AI)'VI.SOR'f COMXIITTE[~ March ~. I')vv PELICA.~ P,.'O:' .\DX 1~0I~,'~' Xl;Irch ';, I';';'~ 4 ii~¢lld;l Oli [Ilo ~lll'~l.,/~lllllllll,.-~.,. Il .Ill:,[ ?,h ?..~:,I ;c,l~,::l,lod Ih.lt N]~ ( .l~l,'~] ~i.,l..t Ih,il ~,1~.' [~]111~ Ih Il I]lz [: :lib[ :~1,:I~ [::l~ [lol ([lllll[}~.] ~,~.I ~,:1 I ~ ,. [I ..'o~:t~ Io ~l:. Ih,il }.t; VI.l,',:,, ,~l:l.~l::.~l Ih Il :', '~. : I:,,1:.1 Memorandum CC: From: Date: Re: Pclican Bay MSTt3U A&%on' Committce Jim Ward. Barbara Smith Alan B. Varlcw .I/2 2/9 9 April 7~ Meet/ag Agenda The suggestion from Mr, laizzo that we have a site on the Naples Daily News Web Page is Interesting. I have asked Mr. laizzo to make a brief presentation to our Committee. John Iaizz, G 4 6573 Marissa Loo] Apt. 190. Naples, Florida 34108-720, A la:fi' ~varleY 8l 11 Bay Colony Drive 'contessa Naples, Fl 34108-7200 Subject: Community Website . .It is my hope that key organization and supporting groups that make Pelican Bay what it is...can all agree to join the Intemet Website being offered to our community by the Naples Daily News. Each organization and group would have their own home page with independent control and exemption. March 18, 1999 Enclosed is a response from the managing editor to my inquiry, seeking information using their Intemet services. Thank You. John Iaizzo 4 TO: JOHN IAIZZO FROM: CHUCK CURRY, managing editor/online Thank you for your interest in our community Web. Here is a short description of what the service is and how it can be used by local community groups: The Naples Daily News, through its online publishing, offers free VVeb space to community group.~ (these must be non-profit, from large organ:zafions !ike the YMCA and area schooh~, to homeowners groups, clubs and service organizations). This Web space is for the groups to publish Informahon or anything they see fit. it is "self publishing" - that is, each group is responsible lot its own postings to the sde. Groups (;armol use it for commercial ventures. The benefits to a community group like Mr. laizzo describes can be large. The site's Interrmt address can be given to members who can go the site (Mr. laizzo can provide the Internet address of another group, the Coast Guard Auxiliary, as an example) and get informahon posted by the group ... such as the homeowners' association newsletter, updates on residenls' issues and even have an e-mail link so that members can send in e-mad to the Group Naplesnews.com (the Daily News' online sile) also offers free e-mad ... that ~s. a free e-mail account (remember, this is an e-mail account, NOT free Internet access) that can be accessed by individuals or a group from any Internet-ready computer in the world. So, in total the group could: 1 ) Have a Web site where the group posts messages, stories, information, pholos, etc. 2) This Web site can be viewed from any Internet-linked computer ... anywhere in ff~e world (seasonal residents can get community updates from their other homes through the Internet). 3) The free e.mail would allow the group to have a central e-mai! hub ',':here residents could send in notes about community affairs. The association officers would then have access to the e-mail (you would most likely give out access to reading the e-mad to the top officers). In summation, the group would have an electronic link to all members (or residents) ... whether they were viewing it on their computer at their Naples home or from a computer in another state or country, We hope you will join our growing online communLty. Chuck Curry Managing Editor/Online Naples Daily News (http://www.naplesnews.co.m.) 263-4830 To; From. Dale: Subject. MEMORANDUhI Pelican Bay Advisory Committee Ja~nes P. Ward March 31, 1999 lnvasive Exotic Plant Removal This memorandL~m is intended to update the Advisory Board witll rCSl)CCt to the removal of certain exotics within Pelican Bay, primarily in sx'slc~n Ill, (the water ma~mgernent area behind St. Marissa and SI. Kit~s Co~ldc;~liu~n). During tile l')ast month, the Natural Resotu'ces Department presented to the Board of Cotlr~lv Commissioners a report outl/r~ir~, lhe many f'aciors lhal should be co,lsidered !n de~ling with exotic pla;-,t rems;)?., and included a su~r~mary reference oflhe Ordinances that have been enacted over the years by tile County Commission. There are approximmelv fifteen differenl Ordinances (inCluding amendments) on tile books and is ~l~c t]rsl tirne I ha,.e seen all of these Ordinances in sumrnarv form. In reviev,'~n,~ tile Ordinances it became clear tha! Ihe ctuTent Ordinances require properly owners to mai~llain their property free from exotics, x,,hich quiI¢ fi':~kly, is different than my previous understanding of tile Counlv's ordina ~.es. Next, tl~e County's Code Enforcement Department, recently sttrvex'cd tile area referenced above, and the U.S. 41 Berm. and have sent ~o b()tl~ {1~c Gulf Bay Group of Companies and The Foundalion a notice actvis~nu an'ange for removal of exotic plants that have infested lhis property. A copy of the not/ce sent to each is enclosed for your Al/hotlgh there is Ilo actiol~ required £or this iteln, I thouulit It was In~portant for Ihe Advisory Board to be aware of these Code E~force~nen~ actions currently perldhlg, and also to COITeCt the record re?rding ~lle rcc!t~ired maintenance ot'exoIics under the Ordinance. CO.t.~FF.DilTY DEV'~..OPlVI~'qT AND liiNVIRON ."MZR'I'AL S~VICES D~ [ON Collier Counts' is a ,,'cry. desirable place to live and work. Some of this desirabiiip' re.':utts from the high community standards regarding the site development and Iw, dscape' maintenae, ce requirements. These standards take the form of codes, which have required the removal o£1isted exotic plant species and the maintenance of developed' landsc apes in an exotic-free state since 1979. Additionallv, most P.U.D. documents require the removal o£exotics in perpetuity, and specify'that an ongoing exotics removal prog:am plmq must be on tile with the Development Sen'ices Director. Please check ','our site development documents to re-aquaint yourselfv,'ith the exotics removal rcquircm~:nts. Your subdivision. !ocated,,,,~. ,,~/_.r..,'-7~ ~o_-~-,..~.. ~ /,../ ,,.'a~ . inspected on ,..~/-,-¢. / ~? b'-, l~'ve., ti.,""-'- /')/ ' ,,~' ~ L.'.-7t c.~.:~- . ', -.. , ../ . ~ S ~a.,tu/ r'TLex..zt..rtz~,-'~, d.C~..,.'c-~::mcl '.va..~ound ,o contain hst¢~exgtic plant species/~r7 ~.-..t ,'7/I ,,t.,,. (:..)~_..oae..,'--,~. Please arrange for re,moval o£~ese exotic plant species and provide this otT~ce ',vith a time frame For re.moral. Failure to address this matter within 30 days will result irt th: filing ora Notice o£Violation with the Collier Count)' Code Enforcement Board. The community appreciates )'our efforts. Ir'you have an,:' questions, please do no' hesitate to call or sA,rite at 403-24 Sincerely, Collier County Code En£orce. ment, CC: ''~ ' ; I ' / ' · Duilding Rcvicw I Pr.."minin~ (9J I ) 40.3.2430 Nalural Rc~urccs Code EnFor¢c.,'ncnr (941 ) 40.:.2.:.:0 Pl"nmnl~ £crvicc~ Flouslng & Utb,,njmrrovcm:~1 ~4 .. ,, /, ;'; ' Pollulion Control (94 I ) . , ~41 ~ - ~3. Z:' X} ,941)' 1" "' Y' COLLIER COTjlXrl GOVEIb'gMENT 4 CO,'~D,~LFNITY DEVF_.LOPMENT AND F.N'V~ON'MT._.\TAL S"~'o,',,,'IC'ES DI%qSION 2g00 NORTH HORSESHOE DPdVE NAPLES. FL 34104 Match 12. 1999 Subdivision - Pelican Bay. Unit 3. Parcel T Proper'o' Ownet'; Agent Address. Gulf Bay Group of Companies 4001 Tamia,,-ni Trail N Naples. FL .~4103 Arm: Mark Statue Dear Propc.":7 Oct'ncr/Agent: Collicr CounLv is a ,.'er). desirable place ~o live and work. Some of this desirability results from :he hir'h communily st~dards regarding the site development and landscape maintenance ~cquiremcnts. These' standards take thc form,, of codes, which have required the removal of listed exotic plant species and the maintenance of developed landscapes in an exotic-free state since 1979. Agditionatly. mos: P.U.D. documents require the removal of exotics in i:~pctuity and speci~. ',.hat an ongoing exo,cs removal program plan must be on file with thc Development Services Director. Please check ','our site development documents to re-aquaint yoursdfwith the exotics removal reqmremt:ntsj Your pre=e?.':-, loca:cd along Pelican Bay Blvd,. specifically, behind the Crown Point eroup of condominiums (SI. Bans Io St. Lucia). was inspc'~tcd on by Investigator Alcxanclr'a J. S'ulccki on Z"26,99 and ,.,,as found to contain thc f.ol?v.'ing listed exotic plant sl::,ecics: primarily B,"azilian pep, p~r. Please arrange for removal of fi, ese exotic plant species and provide this o~ce with a lime frame for r,moval. Failure to address this mat~er v,'ithin 30 days ,Mil result in the filing ora Notice of Violation v, ith the Collier Coun .fy Code Enforc.cmcnt r:loard. The community appreciates your efforts, l£vou have an,.' queslJuns, please do not hesilate to call or write at 40.~-a-,-.4 . Sincerely, Alexandra J. Sulccki. Environmental Specialist I Collier Count,., Code Enforcement cc: Case Fi!e Commissioner Jim Cm~¢r. District 2 Pelican Bay of Napies. FDT. Inc..6251 Pelican Bay Blvd..Naples FL34108 ,t ', ~> , ~' ,'X -. Bill Bolgar. Code Enforcement Supervisor ,,. ,. .- ~ .~,-. .'~ . Michcllc Arnold. Code Enforcemem Dire~or ,....¢." ~ ,, ~ """u.. C t ~' Invasive Exotic Plants in Collier County Report to the Collier Count?.' Board of County Commissioners Collier Countw ,.Natural Resources Department February 1999 Staff Report :nvas~ve e, xotlc Plants in Collier Count).' February' 1999 Introduction and Purpose On .lanua:-,' 12, 1999, the Collier County Board of County Comm/ssioners ' ,- ,. . cfire~t~d to pro;'ide a report on the nature and problems of invasive exotic pl~ts in Collier Coun.ty. This report summarizes these problems and identifies the operational and regulatory actions that the County is taking to reduce the problems associated ,Mth t.h=e types ofplznts. Considerations ~PTt~t are In vasive Exotic Plants? Inv~i;'e exotic planu a.re ~ose pl~ts ~at ~e not native to Fiofida ~d because their ~vasive quaEfies de~ade o~ na~al habitats. Essentially, ~v~ive exc~c pt~ts m-e t~e "wee~" of o~ na~al t~dscapes ~ange!mnd, 1998). ~nese fo~ seiS-sustaiNng populations M~ o~ nail pl~t con.ties ~4 uI:imaze!v el~ate ~e desL'able pt~u ~at comprise ~ese na~al ~e~. We ~e ~en le~ ~ umna~-al ~ea ~ of '.qvee~" ~at h~ lost m~y of its desirable qualities. of these "weeds" have adverse ecological ~d economic ira=ac: ~qd may pose public health and safety' conce~. Not all non-native plants have the same invasive qualities. The Florida Exotic ?est Plant Co ,u.ncil (Appezd_2x A) lists 65 plants as Category, I (non-native i.nvasive p!~ts that are currently d.i~ipting native plant commun/ties) and 61 plants ~ Cateo_or: i'I (non-native plants that have the potential to disrupt native plant corm'nun/fi:s). Collier ComnQ' ider, t~es II species ~ "prohibited exotics" (Appendix B). species have been found to pose the most severe ecolo~cai economic health ~d safety concerns for the residential and natural areas of Collier Count':,. Page -2- Staff Report Invasive Exotic Plants in Collier County Februao' 1999 _Problems from Inva$ive .Exotic _Plants a. ? Ecological Invasive exotic planu have been introduced into south Florida for a variev,' of reaons: Malaieuca was introduced into Lee Count}' ne~ Estero in the em-iy 19~ con ,tury as a landsca.~e plant and began to invade the area's natural habitats shortly thereafter (Laroche, 1994). Brazilian pepper was also introduced as az ornamental and s',a'veys by the South Florida Water Management Distric: now indicate that Bnziiian p~per is the most wide. read exotic plant in the sate. (Fe,~ter, 1997). Au.sc'allay. pine h~ a sim. ilar kistory md was plated extensive?: in O,e sou~em halt." of the state beginning in the late 1800's (Langeland.,. 1998). 4 Invasive exotic piz.v..:i usually form one-species stands where six or more n2..'i'.'e species would have ~own. These "monocultures" lack the native diversin' az.d reduce ~e area's abiii~' to support its native birds mhd ~i_mais. For birds and mam~a!s ~.-e adversely affected by dense stmnds of me!aieuca crowd out vegetzzlon and habitats that support endangered ~nd th. reatened wii~'e soecies. Deme r, znds of melaleuca in the Everglades consen'ation =ea.s are suseected of reducNg the habitats of endangered Wood Stork ('Laroche, 1992). Additionally, the nun'itional value of metaleuca has oe~n rotund to be !ess desirable than native forage species for deer, a prey species that is an food sore-ce for ~e Florida panther (Laroche, 1994). Birds that feed ,'-- -' ; the ' ' e.,~..s.4ve,y on be,vies from Brazilian .:e.aper become ar.d are tm, able to fly (Morton,' I979). This phenomenon is nov.' susoected as the cause of some fo,~er massive bird kills in the state. Local residents horses should be aware that horses can acquire dermatitis from the trees ~d can be affected bv i. nresfi.naI cornoaction and fatal colic from eating _m-een ('Morton, ! 979). Page-3- Invasive Exotic ' StaffReport Plants in Collier County ' . Feb~ary 19~9 Contravf to populgr beiief, Australian pines located along the coastal shore~e ac:-ually contribute to long-te,-n erosion resuIting in the loss of our beaches coastal habitats. The shade and leaf litter from Australian pines prevent more desirable plants from becoming established. For example, sea oats are more effective in stabiiizing beach and dunes systems because of their deep roots. Conversely, the root system of AustraIian pines are ve,-y shallow leading to '.the tree beLng undermined by wave action and eventuaIly uprooted by high Tn. is in turn adve=eiv affects the ability of sea turtles to successfully nest the fallen trees that litter the beaches. 4 Economic Impacts Eco-tou,--ism pro,ides a major economic benefit to Collier Cou~nv;. e,~m,,,aaon of hzbitzt reduces the population of plants and ,'mimals tln,-.: m-.~v peo=ie, both temzora.rv visitors and per'manent residents, fin~ ' undue to south Florida. For example, where people could once eniov the wadinz birds .;',',,,:: - _ ,,.,a'.~n.,. i.n a natural wetland, melaleuca now zro',vs so ':':-:' "--' birds cmn no longer use this area. Like:v/se, Brazilian pepper zowinz coastal water, var smelas the public's view of the natural beaut.,,, and wildlife o:' mang'rove swamp. In both instances, controlling the invasive exotics allows cur local residents and ','i~itors to enjoy our area's natural envi.ronsnent. invasive exotics to destroy our natural areas would negativeiy impact the icc',-! iv. dustries that have come to rely upon eco-tour/sm. The Comnq,"s residents would also lose those experiences that they have come to enjoy. In order to protect the state's natural areas and the benefits those areas providz .:o tom-ists and perma.nent residents alike, public agencies in Flor/da have millions of dollars to contr, ol invasive exotics. The National Pa.rk Servic: '_-as spend al,most 3 million dollars in the Big Cypress National Reserve to cot_sol large stands ofmelale~ca. Last year, state agencies spent over 5300,000 in _=---re preser',,'es and recreation areas w/thin Collier Coun.ty. These expendin:rez Staff Report Invasive Exotic Plants in Collier County Februa~' 1999 likened to investments'that must be protected to ensure the public receives a proper return on its money. A continuing and comprehensive effort to con=oi invasive exotics witkin the Counth"s urbanizing and rural are= is necessav: to reduce the ultimate costs of controliing exotics in the adjoirdng natural area. s. Health Several of the invasive exotic plants constitute potential health hazards to people. For k-:stance, the pollen of melaleuca is estimated to adversely affect 20% of the population in Palm Beach Corn-cry (Diamond and Davis, 1991). A relative of poison ix%', Br ~a,5.iian p~per can cause skin Lm,'tation from its saD. Cbhidrea who eat ',he be.,'-ries exp. er::gee digestive upsets and vomiting. Tn: m~or problzms caused by Bra.fiii~ pepper, however, are respirator:,., difficulties which while the tree is in bloom. These adverse health flmpa.cts inch:de sinus ar.d congestion, rhin,.'vis, headache, sneezing, eye fi'"rihation, tiC-,tv, ess in tine chest :cd labored breathL-:g ('Morz. on, 1979). Safety Dense strm":ds of me!aleuca and Brazilian pepper pose an extreme fire hazzrc;_ :o residents living in close proximity to these area.s. The volatile oils a.r'.d re<cs contained in melaleuca create fires that bum ',',5th great intensity ~d are :crt difficult to con~-oi (Flowers, 1991). The M,.l,..u,.,~ :'v ....... , · · ~'~;" '~ . i,---.s.-mem Plan notes meialeuca coionizafio.2 of southe.m Florida results in buildings "surrounded bv a ~gantic metaieuca torch waiting to be lit" and cited Lee and Collier ~ountie_= as examples of tkis condition (Laroche, 1994). Dense stands of Brazilian add to the problem by impeding ready access to areas requMng fire suppressio2. Australian pines ~so pr:sent a hazard to people =d prop:iv:,. During Hun'ic~e .Andre,,,,' several area 'La the Count,, .... ' · · r,.,.,.p, ed damage from fallen Austra!i~ p,.z:s. Fortunately, no one ',,,'aa injured. Emergency Management officials, hov,'e'.'er, continue to be concerned with the problems ~ese trees ',','ill cause during fu.'az-e Staff Report iht Invasive Exotic Plants in Collier County Febru~r?'tI 9~ storms, including the public's safety during the storm, the blocking of r~adways dta'~,g the post-disaster stage, and the increased cost of debris clem-up and removal during the recovery period. 4 'l-ne public safew issues associated'with these invasivc exotics justi(v a s~ong local commitment to administer pro_m-~s and regulations that result in remo~Sng these ~'ees from improved and unimproved properties where the plants present a health and safely condition. The County should therefore continue to reeuire the removal of' invas~ve exotic plants as a public safeD, issue, in addition to t,he ezological ad economical impacts noted above. Regulatory Requirements For more th.',.-: 20 veto---s, Collier County has re~lated the piant~ng mhd .......~ - ~ .... o ,.. 0[' invasi;'e exotics (Appendix B). Highli&hts of the cun-ent r~tations are surmma::.zed OelO',V: A. The Count.' identifies I l species as "Prohibited Exo:fc~": 6. 7. 8. 9. 10. 11. .~/.L' Pcrr.:o (Dioscorea buibifera) A~,-"~an Pine (/,my member of the family Casuafinaceae) Br,..zJLiz.n Pepper (Schinus terebinthifolius) Catclaw Mimosa ('Mimosa pigra) CLimb;rog Fern (Lygodium spp.) Downy Rosemyrtle (Rhodomyrms tomentosus) E=ieafAcacia (Acacia auriculiformis) .lava PI,mm (Sy~'~um cumini) Lather Leg (Colubrina asiatica) Mela!euea (Melaleuca spp) Wom~'s Tongue (Albiz/a lebbeck) Proh/bited exotic '/ezetation shall be removed: 1) From ali fishts-of-way, corm'non area ,'2ets not proposed for development and easements pffor to preliminary ac:eptmnce of the phase of the required subdivision improvemmrs Staff Report Invasive Exotic Plants in Collier County Februao'"1999 and 2) From '~Sthin the associated phase of the final site development plan prior to the issuance ofa cer'tificate of occupancy. Prohibited exotics shall be removed from single-family ~d two-family lots for all ne',,,' principal dwelling un/ts. Do The accumulation ofprokibited exotics is prokibited on unimproved prope:-ry in any recorded subdivision except Golden Gate Estates when located within 20 feet of a public right-of-way, on unimproved properr?' in any recorded subdivision when located within 200 feet of improved property or on unimproved property in any recorded subdiv/sion when located withLn 500' of improved property, when such accumulation has aided or is likely to con:inu: to aid in the concealment or cormm/ssion or facilitate the commission of crSminaI acts. Comm.' Government ~-'cotic removal efforts Wi:kin :?,e last th.,"ee years, Collier Cotmty has spent 5487,000 for inva~ive e::cSzs removal. ' ' ' · ' Major proj~u'mclude: 1. Clam Bo,,' Conservation Aa'ca 2. Storm;voter conveyance system 3. Parks and Recreation sites S120,000 S194,000 S173,000 For t55s fiscal ye~, th.e various deparnments have budgeted more th~ 5215,000 .-'or exotics removal v,'ith Parks and Recreation expecting to spend 5180,000 at-hUmerus park sites and the Stormwater Deparunent 535,000 to complete its BraziEan ditch bas,2< clewing progam. Small exotics removal projects are also pl~,':~-:ed bv several other departments in the spring of th/s year. By the end of FY98/99, County will have spent an average of S175,500 per year for exotics removal the preceding four years. Staff Report Invasive Exotic Plants in Collier County. February The County also applies its Land Development Code requirements for exotics removal to its own capital projects. Recent examples include the South Pond Effluent Ponds and the North Water Plant where melaleuca had to be removed 5om resulting from improvements made to the properties. For Golden Gate Cornmunirv Park, Brazi!!an pepper, benveen the soccer field and the canal had to be removed in order to pc,milt the construction of new lighting in the park. These requirements are also applied to new residential subd/v'isions duri~e :nfi'astmcrure improvements, and all other new cons~uction during Site De'.'e!opm.~t Plan (SDP) authorized izrx. provements. In such c~es, exotics must be remove,5 development phases m-e completed. For subdivisions which were approved prior to the establishment of the County's invasive exotic removal requirements, remova! of invasive exotics is required prior to the issuance of a Certificate of Oc:.::2anc'.' :.'ct ea:h residential str~:cr,.x-e. Staff Report Invaslve Exotic Plants in Collier County Summary and Recommendations L-,vasive exotic plants cause many ecolo~caI, economic, health and safety probity'ms ',,,'it~%n Collier Count':'. The health and safely problems warrant the County to take ag_gressive approach to control the importation and spread of these plants within its jurisdictional boundaries. Controlling invasive exotics benefits the area's ecolodcal systems and suppor,~ the expenditures of public moneys for exotic conxol effor~z nezrb;' federal and state presen'e and recreational area. Ofpanicuiar concern are those species of plar:ts that ca,,.=,,, problems during hu,,'ricane conditio~ or especially Lu the rural ~e~ such as Golden Gate Estates. For the ~:. 20 :'""""', Co,er Com-.iD, has recogrfized these problems and h~ :',dooted a _.: '": of regulations that are in the interest of the public's health, safe~:' and weif~-e. reTain:ions restrict the ira.eons:ion and spread of selected in;'asi','e exotics aqd re d.,e.% ....... :o rerr. o;'e er. ese species as a condition of '~",,.. r...~....~", ...... "- ,--?:"'"~'~7-'.m..,,~ .... pe,,-mi:s. Addi:ionalty, the Count' has vpent S457,000 for the las: t?xee 'ye~s and -~ ;':" S2 spend an ,~dd.,,o,,aI 15,00 this fiscal year. Thus, the Co ,un9' will have spent S702.c;00 for the ..... '~: the v, .....ng four ':'e~"~ a: end of 1~'98/99 to remove {nvasive exotics. T'ne current rezuta:ions avgrouriatelv address the problems -, Collier Cou. r,v,' and should, not be reduced. Various Collier Cou.'~' '"'-', .... · - G ,. r,, ,...~, ,.~. ,q t ', L2;'C budgeted ~nds to remove inva~ive exotic ptan.s' ' on Collier Cour. V proper'ties. - funding levels should be sue:sLued :o ensure the County provides effort. The most cN:icai fac:or im acNeving measurable succors Lq our invaive exotic removal pro_re'am is thc development and implementation of an exotic removal makute.-..~.ce pro_re'am. Once funds hzve been expended to render a prope:w exotic ~ee, it is koth ecologically aud eco:'.om.icaily critical to m~ntain the proper'v:' in an exotic flee _':'ate. Page -9- Staff Report Invasive Exotic Plants in Collier Count>.' Fqrgar~, 999 4 Currently, at either the rezone Or the Platting or SDP submittal stage of a project (as may be appropriate), the CotmD' requires the submission of a "reinvasion prevention pl~". This plan is required to describe control techniques and inspection intervals and is intended to be implemented in conjun:tion with a phased removal schedule if appropriate. Accordingly, staff suggests that the County. also prepare removal and reinfestation plans for all improved Court .ty-o,,,,med properties. Finally, staff recommend., that the CounD' continue to provide igormational mater/Ss to Count>.' residents concerning the problem of invasive exotic plants. ?m infe,,-na:ionat packet could be developed and distributed to residents at the time of pe,m:it:ing. Tx:: pus'pose of this material would be to inform the residents of the need to keep their properties exotics free -~d provide imrormation on vm'ious control technicues anti their costs, especially the in:re.ed cost of removing large trees versus the cos: of continual maintenance. Invasive Exotic Staff Report Plants in Collier Count2,.' February 1999 References Cited Diamond, C., Davis, D. & D. C. Sciunitz. 1991. D,: Proceedings of the Symposium of Exotic Pest Plants. Technical Report NPS/NREVER/RETR-91/06, November 2-2, 1988, Un. iversity of Miami, Rosentiel School of Ma.,"ine and Atomosphere Scienc.x. pp. 87-I10. Ferriter, A. 1997. Brazilian P~per Management Plan for Florida. Recormmendations from the Brazilian P~per Task Force, Florida Exotic Pest Pl~t Council. Flowers, J. D. 1991. "Subtropical fire suppression in Melaleuca aquinquener,4a." In Proc. Of the Symposium on Exotic Pest Plants, held on November 2-4, 19S~. Mia:'ni, Florida. OLD. Center, R.F. Doren, R. L. Hofstexer, R.L. W?.Stemker) pp. 151-158. N?S/NREVEPJNRTR-91/06 Teak. Repo~, U.S. De?a.'x':r.,.ent of ~e Interior, National Park Sen'ice, Denver. Colorado. L,...ngland. K.A. t998. Help Protect Florida's Natural Are~ 5-om Non-native Ln'.'asi'. Plants. Florida Cooperative Extension S ervice,qnstimte of Food mhd ' Sc .... c.. UrtiversitT' of Florida, Gainesville, Florida. C ....... ! Laroche, F. B. er. al. 199.:'. Metaleuca Management Plan for rmn,,a. Exo;i: Coun:it. April 199g, Second Edition. 88 pp. Morton. J..F., 1979. Br.,_7,.'iiaq Pepper - Its Impact on People. Animals ~d the Enviror.',ent. Econ. Bot. 32(4): 353-359. Staff Report lnvaslve Exotic Plants in Collier County February 1999 Appendix A Exotic Pest Plant Council's 1999 List of FIorida's Most bzvasive Species Pltrpose: To foe.as arten.~on on: The impacts exotic pest plants have on native bio-diversity in Florida ecos;,'s:e,,"as. Tine irt:pace ofexofi: pest plants on the integrity of native plant commtmiv.' func:~ons. Habitat los~es due to exotic plant infestations. The impacts of exotic plants on ~dangered si:coles via habitat loss and al:era"don (e.g., Cane SaNe seaside span, ow). TF, e need to prevent such losses by comprehensive management for exotic ~est plants. T'ne socioeconomic impacts of exot/¢ pest plants (e.g., ina'rea.sad w/l&r,,.res ix Metaleuca). Changes in the set/otb'ness of dLffereat exotic pest plants over time. Tn-, need to provide Juror-marion that will help managers set p'iorifies for maaagemen:. Definitions: Eaonc-a non-md/geno~ vpecies, or one introduced to this sate. accidentally. A naturalized exotic, tach as those li~tcd here, ha~ escaped into tl:e wii~t w'here ir 9n its own e/the.' sex=ally or mew.:'aliy. Narive-a vpecies already occm'ring ia Fio.~da at 'flee ff=n..e of European con:a:: (1500). lnvc. rn'e- a var;able condition defined by the ca:ego:-:' assigr, ed. Abbreviations uscd: for "Government lhted": P=Proi:u'bited by. Fla. Dept. of Ea:'=ommen:al Prote:::or.. N--Noxious wee~ as lis:ed by Fla. De;v:. of Agriculture & Comumer Sen'ices ~-:c2 c: U.S. De:a:-.::: o:' Agriculture. For information on distributions within Florida. see: Error: BooLrnark not defined. For other information, see the forthcoming book: Langelaad, K. A. and K. Cnd~eck Burk~ (editors). 1999. identification & Biole?.' of,NOg-~2::'.'e p!a..".u ~f FJo~da's Natural Are~.~, Produe~on is supported by 14 laden'al and ~rivate agez:ie.,, mol=dmz Florida I~PPC. Stay caned m tkis '.,,'eh pa.ge for news on its availabtity. Category l-Species tea: a:e :ava-ff2ag and dia:'upting native plan: cornm=m:::s does not rely on the economtc ~'eri~.' or geographic range of the problem, bet or. :he documcr, re.q ecological damage cc. used. Scientific.hame Common ,hame FLEP Government PC Listed Rank A bras precaroriu; rosar')., pea I Acacia auricuhformis earieaf acacia Albi:ia julibrixsm mtmosa, silk tree Albi:ia lebbeck woman's tongue Ardisia crenata {., A. crenula:a coral ardisia ) Ard~fa elliptic= ('~A. humitis) Asparagus densiflot:a Bauhinia variegate Bischofia javanica Calophyllum antillanum calaba; C. inophyllum, often misapplied in cu!.ffva~on) shoebutton ardisia asparagus fern orchid tree bischofia santa maria (names 'mast wood. "Al,'~:andrian laurel" used in cultivation) 4 Staff Report Invasivc Exotic Plants in Collier Count' ' February 1999 Casuarina equzteafolia Casuartna glauca Centrum diur'num Cinnamomum camphara Colocasia escuIenta Colubrina asia.qca Cupaniopsis anacardioides Dio$carea c. Ia:a Dioscorea bulbifdra Eichhornia crassipe$ £ugenia uni.,qora Fica3 microcarTa iF. hi,da and£. ret:aa var. r. iada misapplied) HydHlla verr:ci!!cta Hygrophila poly~pcrm, a H)'menachne ampla~icauia Impera:a c)'hndrica (Imperc:a bra~itiensi~ mi~apphed) Ipomoea acuat~ca Jasminum dichotomum Jasminum flumtnenle £antana camaro £igustrum £onicerajaFomcc L)'godium japor, rcam £5.godium m:croph;.'ihtm 3[acfa~:'ena ungu;.z.cati Melale'acc. quinq'.~ener.'ia Melia a:edarcch t, hmosa ptgra ,Vandina domes:~ca Nephroleptt cordifalia Nephrolepis multiflora No,raudia rC..'naudtc".a Pceder~a cr'addac!ana Paeder:a foetida Panicum reFens Pennttetum purpureum Pistia stranore: P$idium catt!eia=um (aP. lit:orale) Pstdium g.aajava Puerana montana ?P. lobc:O Rhodorn?'tu~ romentosa Rhoeo spathccea (,,R. discolor: Trade$cantia spcthacec] Sapium sebiferum $caevola sericea taccada ,,ar. $ericea. S. frutecens) Sche.,~era ac:~noph'..'lla (-Brassaia actinoph)'Iiaj $ckfnu.~ terebinthifahu$ Senna penduta (,~Cassia Australian pine I P suckering Australian pine I P day je.,~amine I camphor, tree I wild taro I lather leaf I carrotwood I winged yam I air.potato I water hyacinth I P Surinam chert'./ I laurel fig I h;.'dr~lIa I green I:ygro ! ~'est Indian marsh grass I cogon grass I water spinach Gold Coastja.*mine jasmine lantana, shrub verbena Chtnese privet, hedge pr~vet Japanese hono'suckfe Javanese climbing fern Old World climbing fern cat's claw vine melaleuca, paper bark Chinaber'e./ catclaw mimosa nar. dina. heavenly bamboo yword fern ,4,'inn sword fern Burma reed: cane grass xe',ver ;'ina, or.ion vtne ~kunk vine torpedo grass )[apier grass water lettuce strawberc.., guava gua:.a ku&u do~y roce-myrtle oF'stet plan popcorn, tree. Chinese roi!ow tree I $caevola. half. flower, beach I naupaka sche. O?era. QueencIcnd umhrei!a ~,rc:flian pepper climbing cassia. Christmas cassia. Page -13- :/¢.~. ~ ~Staff Report Invasive Exotic Plants in Collier Count?' Fcbruar}' 1999 coluteoide$) Chrtrtm, as senna $oIanum tampicense (=S. aquatic soda apple houstoniO .~olanum tot'.'am turkey ber~ $olanum War. tm tropical soda apple $).':ygium cumini jambolan, J~'a plum Tea:aria inciaa inc:'aed halberd fern J'h.e~pesic populnea seaxide mahoe Trade$cantia flumincnsi~ white-flowered wandering jew Urochloa mutica { = Brachiarfa Par~ gr~s mu.~ca) Category II---Species that hax e sho,,~ c potential to dirrupt na,~;'e pIam communi:iex. These :?eci~ m~: become ranked cs Category £ bu: have r. ot yet demo~,'rated di~r'aprion of nc:urn! Fionda comm'.,n:dcz. Scientific Name Common Name FLEP Government Adenan:hera ~avontna Agave ~alana Aleurites fordii Alstonia mccrophylla Ahernanthera philoxeroide$ ~nredera leptos:ach)'a An.ngonon lepto.~tt$ ~ri$:olochic. li::arc;i: As.:'$tas:c. ganger:cc. Begone. cuculla:a Brou~so.':e.': a pap;.'r:ferc Calli~a j+agrans Casuartna cunn:ngham ~ana Cereu~ und.::us ( = /f)'icccreus ·./undo:usa Clerodendr'am bungei Cr)~tosteg:~ madagasccnerais PC Listed Rank red scndalwood H sixal hemp tung oil tree de~ql.tree alliga:~r weed I! ? Madeira ,~ne coral ~ne calico fiower Ganges primrose II begonia II paper mulber77 ir. ch pl~nt. ~plronema Australian pine Il P night, blooming cere~ II strong-scented giorybower rubber ,qne involucrc.:usJ Cyp er'as pro ti/,,r Daiberg~.a smoo Eleagnus ~ungens Enterolobium con:on:sdqu:m: Egipremnum p~nna:um ~'~ A ur~m Fi~ alt~tma Flacourtia indica Flueggea virosa Hiba~ alicceus Hiptage kenghalens:x J~minum xambac Koelreu:ena elegans ~cae~a leucoce~ha!a Li~mu~ lucidum Me~emia raberoxa umbrella plant II d~ a~pcp;, r'as I; indian rose~'ood, stssoo thorn.,, eleagn:a ear-~od tree II po:hos II fal~e bat. van II governor's plum Il Chinese waterber-c.. mahoe, sea hibiscus h ip:c. ge Arabian jasmine golden rain :ret lead tree gloss' £nvet II Chinese fan palm Il molests grass Il wood. rose Page-la- StaffReport Murraya paniculata Myriophytlum spica::~m Ochrasia par~qfiora elIiptica) Oeceoclades macuicta Paspalum notarum Pa$$tlqora biflora Passiflora foet~da Phoenix reclinata ?hyllostach.vs aurea Pteri~ Po'chosperra. a eiegans Rh?.chel)xr:~m repens Riccin~ com~unis Rueilia br~noniana t~.eediana) Sar.,s~ema h',.'cc:r:thotde~, (=5 ~"asc:ata) Sesbcnia punicea Solarium diph)'li:am Sotanum Jamclcerae $)~gonium podcfh'.,'l;ttm $).':). y, ium jambas Terrntnalta cc:a?Ta Tribalus Tnphasia Urena lobc:a tVedelia trHoba:~ Xantho.' orn. c Invasive Exotic Plants tn Collier CounW orange.jessamine II Eurasian water, milfoit IwVs~a I! ground orchid I! Bahia grass I! t'~n-flo~'ered passion vine H $tinkir, g passion.flower II Senegal date palm golden bamboo 1I Chinese brake sotita~, palm H 3'a ac.; grass cas'ar bean I! 3fc.'~:can pet:unit bowstr~ng hemp pu.'Tie sesban, ra:tlebox r,v~nleaf nightshade II Jamiaca nightshade afro,'head vane II rose.ap.r;e trcplca[ almond F:~r,c:ure :'1nc. b:a~:,': lime be, r). II Caesar's weed wed¢I~a Chin ese v,~s:er:a ,'; ,:alanga, elephant ca- P February' 1999 The 1999 list ~a~ prepared b.,. t~e FLEPPC. Exotic Pest Plant List Committee: Kathy C,'"~d ¢ck Inv~','e Plan: Flcnda DeTar:~...xn: of 3915 Co~.,'r. onwe:'l:k Blvd., .".:$ 710 Tailahassce. FL 32399 Na.'~ :y Code Florida De~a. ~'v:.-,.,er.: of Agr..cuir~-: Div. of Plant Indus..'ry P.O, Box 1471 O0 Gaincsville. FL 3261.: 7an.cs Duquem¢! Florida Park Ser'.'ic: Florida Depa..-~n. eh: of P,O. Box 487, Key La:go. FL 33337 David Hall Page -15- Staff Report Invasive Exotic Plants In Collier Count:,.' ' Februa~' 1999 6241 N.W. 22rd St. Gaincsvillc, FL 22653 Theodore O. Hmd,~ckson Cons~u hi~,g botanist 1112 N.E. 2nd 5L F~. Lauderdale. FL 33301 Center for Aquatic ;-~d L'w~sive Pla.nu, I~AS. University o£ Florida 7922 N.W. 71st St., Gainesville, FL .~2606 Joe Magutr= Mia.mi.~ .: Counb' ·" ' i s: St.. S:e. 131 O, Mia,':--:'. FL .:3128 ...va. FL 32238 Rob.-:':., Pe.'r.E et': o.': A_rn..~i.mmt Rex:a-ch Station. U._c. ~05 ColI.~ge Ave. Ft. Lau~er~,.!e. FL 233 De~a.."~.xr.t of Bo:any 220 B~..":ra.m Hail. Unt%emry of G:,.;nesviile. FL .~ 2611 Rich~.'~ ?. Wungerlin De~:m,..,e::: of Bioio.e:cal Univemr/of Sou:h FIo~da Ta,m,.pa, FL 33620 4 Page-16- Staff Report Invasive Exotic Plants in Collier Count3.' Februa~' 1999 Appendix B COLLIER COUNTY'S EXOTIC PLAINT REGUq.,ATIONS (1975-199 6) 05i06/75 OPE) #75-21 ,~c-,~-,qa .~ 7 ~ -,,7..9 ~' Pc:mit fee not required to r~ove AP, M'E & BP [Section 7.A] ,, 09/25;79 OKD #79-73 {,/Exotic plant (BP & ,ME) removal required due:rog initial clearing of each development phase cf phases. UMa's%l :o engage in the sale, plazting or Inter. county transportation of live exo,"ics and see~ :hereof. [mends ORD #76-30, Section $] .'/.,1t/ (' 01;29/g0 Oi:LD #$0-19 · AP, ME & BP removal shall lee exempt ~om th-" Cons:al Setback Lice %'a%z:: ?:oc:d~:. #75-19, Secaon 3] Al/11/82 OKD #82-2 [ReTreals OP, D #76-30] Proh~i:ed trees. The follow'imp Fees are speckqcaLly proba'~ited from use f~r requiremem: PM. AP. ET, .~. CT. BP, & fr. [Section 8,30.a.7] 05/25/82 ORD #82.37 Exofi: plant (BP & ME) removal required duV. ng ;initial clczri:g of each dc% c.c.~ ....... ,-'[/ UMawful to engage in thc sa!e· p.:=dmg or Lz.:er-coun:y ~'a~por:.anon of live exc:izs and [emergency ordLnagze] 11,'09-'~2 OP.D #82- I 13 Proh:bi:ecd exotic plan~ arc de.~_-ed as ~c foilowm;: BP, ME. DP,. a AP. .07/3.'1189 ORD #89-41 ~/P, cvcgc'.anon sha~ bc accot~h~ with prc-e.'dsti~g species or o~e: sui:able ~pczics cxce.:: considered =desirable cxo~c ~c:ies. The following =desirable exotic ~ecie~ s~alI not propagated: AP. BI. BP, CB, CP.. CS. DJ, }L~ ME, QU & TW. [Amev. ds ORD :S2-2. ST Se:.':eni 08/07/89 ORD #89-49 Following a sttc dcvclopmem, a maintenance program shall be implemented to .zrever.: · . sit,' by cxofic species. Thc pis= shall describe consol tec,~aiques and ms,cc.'ion ~ ..... ', .,hal} ,~'i~ and subject to approval ~y ~e CounD'. [amends ORD #$2-2, PUD 05r'07/89 OKD #89-50 [amends OKD #82-2. ST Section] 0&'07/~9 OPE) #8%5 I i . "[amends ORD #82-2. PU Se:don] 05/07/89 ORD #$9-53 " "[amends OR.D #$2-37, Se:dca l.b & O?,D ~S2-2, SDP Section] 08/1-¢/89 OP, D #89-57 Prohibi~d Species - The folIoa~g species are specifically prolm~ited from use for meet/rig rcqmk .er.r..erm PM, AP, ET, ,X~, CT, BP, Jr, DP,, & BI. ~ lis~ shall be subje¢: to rcmvasion :.s cxo:: spe:ies arc dete:mincd to ca~e c:virom'nental compromL1c th.rough invasive pcter, r;al to be dem:n, en:M to human ~eaI',h or safe.ry. [amc:ds ORD #82-2, Sec.ion S.30.a.7] In','asiYe Exotic Staff Report Plants in Collier Count).' Februnr?' 1909 Following a site development, a ma~n:ena~ze progrm-n shall be Lmpiemzn:ed sim by exo~: wi~ ~d subj': :o a~proval by [~:a~ O~ ~2-2, S~ Sec~cM 06D1/91 OKD #91.47 The accumulation of prohfoited exotic pi~ts (AP, ME, BP, DR)/n excess of 1F' in height is hereby prohibited and declz:ed :o lee a public nuisance when located upon any um,v..::~ved properv/in the ceur. r..' wbe:e the exo~cs'are located ~.'i?~'-'~ a 200' radius of any imp:over FroFe:v/lo=zed in a subdi'.'ision. [Sez.~on I Tv..* accumulation of proMtited exotic plants (AP, ME, Bi', DR) in excess cf IF' 5 height ~ he:eky pro~ffed and dezl~:d :o ~e a Fut': nu~ce when Iocate~ upon any ~LmF:r,'ed Frope~; m a subdivision ex:ep~ Golden Ga:: Ese:es. w~ch condMon h 20' tom a public r:~:: of way ~d is nc: :~:::.::: a subdivision. [Set,on 11.bi The accumulation of prol'n'gited exotic pla--,ts (AP, ~[E, BP, DR) in excess cf Ii" in height is proMbi:ed and declared to be a public nuisance wh.'~ such condition is located on any tmimFc~rovcd proFe.-v/which is 500' of i~'~..:oved prope.m/when such accumulation has aided or is likely to aid in ',.he co:::aL.-n.:n: or com-----i~sion or facilitate the co -rr~'-.J,sion of c.~..?'.kai acu if such accu:uuiaUo:; :o: aba:ed. [Set,on I 1.dj 10,":0,9I ORD -'91-102 [?.~eals OKD #S2-2] Re'.'c3e:anon shall ~e accom.::.ished a'ith pre.cxis.~.ng species ex:eFt r_o: te :eplanner o; Ftc.cage:eL Exa:: species Lacluded are the foiicwi:g: .~. EI. E?, & ~. [Subsc:~on 2.2.24.3.2.tilt:Teals ORD #89-41] P:ohi~::ed STe:ies - Tv.e folio.-,'_.-3 species ar.- specifically probeS:ed ffcm us.' fcc meeting an';' lam!s::: ' rec. u:;eme.~u ET. ME, C7, E?. DR., BI. Al, .rp, CM, EA, I~,., EU, & SO. T'n.:s ~i~: ~hail be subject m revision as exo.4.c s:ecies are de:ermi:ed to cause environmental compromgse :=~,ugh invasivc ~ov.'::::: '. naive habitats, cr be deW, m_.e:=I :o h 'u:m.n health or safety.[Subset:on 2.4.4.$ ',[repeats OR.D .=.$9-57] Proh:bi:ed exo.~: spec:es. In ad~den to the prohfcitions outlined l:er. aining :o .:::hibi:ed following species or see~ the:eof shall not be grown, offered for sale. or count/: ME, BP, AP. & DR. [Subset:ton 2.4.4.9][rc~eals ORD -'82-37, as A vege:anon removal fee is ........ :.,.,4 to remove ~,' fouo;,.-,ng ;rc,".:m:e.~ ..... " ..... ; "from developed prope,'v./or from t:.=~r.'e!oFed Froze.m/after a ';ege~cn r .... o, :. 7 :.'=:: ?.as teen issue~ .;.: ME. BP, EA, CM. J?. D* ,ia WT. [Subsection ..9.6.-.I] P:ohibited exo~c vegetation ::=ct'al and me'.hods ofremovaI shall be ccnd'.::::d in accordance ,.v~d~ :'-: ~ezific provisions regarding F:o~'~ited exotic vegetation removal in each !ocai d:'.'elopment orde:. [Subsection 3.9.6.6.1][repea~ ORD ~89-53] - Protection of native vegetation., according to the applicable provisions of Die'es:c= 5.9 shall he requ::e! dunng exotic vegetation removal. [Section 3.9.9.6.2] Proh/bited exotic vegetation shai! be removed: 1) From all rights-of-way, common area ~acu not proposed for d~velopm~ ~d ~s~me=~ p~or to proposed for dev~lo~m~m ~d ~sem~n~ pNor m pr:~ar/acc~ce of~: ph~: ofuhe requffed ~b~v~ion ~provemen~ ~ 2) From wiCmn :he associated phase of ~e frei iff: developmem plan prior to a: issu~c: of a c:~tcate of occupancy. [Subsec~n 3.9.6.6.3][am::~ O~ ~82-37] Verification of prckihited exo~Z: vegetation removal shall be F:ffo:v.,ed by '~.: De','eio~mem Services Dkcctor's field represenutive. [Subsec~on ~.9.6.6.4] IIIII I ~1 I I .... '"'~ ":' Staff Report Invasive Exotic Plants in Collier Count}.' February 1999 loG 4 He:bicides utiliTed in the removal ofpro?~oited exotic vegetation shall have been approved by the U.S. Envkom.'nental Protection Age=c;:, and a visual ~'acer dye shall be applied. [Subsection 3.9.6.6.5] W'~.en prohi%ited exotic vegetation is removed, but thc base of the vegetation rem;ms, thc bee shall be treated with = U.S. Envirom,mental Protection Ager. ey al~roved herbicide :md a visual teac.-: dye shall 'ce appLied. [Subsection 3.9.6.6.4.2] A maLatemance plim shall be rabmined to thc Development Ser,'ices Director for review on sites which require prokibited exotic ve!te:ation removal prior to the isma~ce of the local development order. TeLlS maintenance plan shall desert-on s'FeeLfic teckaiques to prevent rciavasion by p;ohibited exodc vegetation of the site ia pc:-pcmity. This maiatcmazce pla. a shah be implemented on a yearly basis at a minimum- Issuance of the local deve!opm,~t order shall be co:;triage; upon approval of)he malt. term. nee plan. Noncompli=ce with ',..Lis pl= shall comtirute violation of Division 3.9. Thc Deveiopment Services Director's field representative shall ha~ec; sites periodicaLly after issu=ce of 'he cerzificate of occuF=c.'. or other f'mal accept=ce, for comp. ii=ce with Division 3.9. [Subsec~on 3.9.6.6.5][r~eab OILD #89-2'9] In addi,qon to the other requL-ements of Division 3.9, ',.he applicant shall be :ec.'affed to remove on ska~!:- family and r, vo.farr, ily lots for all new priacipal dwelling units, all prolm~ited exotic vege:a~on before 2 cerrific, ate of occupancy is granted. The removal of proha'bited exotic vegetation shall be r.-quised in pe~er.'.ity. Upon issuance ora ve~e,.ation removal permit, prohibited exo6c veg:,.ation ma;,' be remove'" from lots which are zoned res{dential single.family estates, village residen~al, and mobile Lc::::.-. p~o: :~ issuan:e of a buildLu.g-_ pe,,":-..':t. [Subsection 3.9.6.6.6][repeals ORD #82-37, m :.me=deal] Disposal of exo:ic vegetation. The disposal of the prot'a~oi:ed cxodc :'cie:ac!o= 2:';:: :cmo;':! i~2iI '~." approved as a Far:, of the local de:'elopmen: order. Disposal si:cs ma'.,' L-;:lute, facilities at the Collier Count7 I=dfill. [Subsection 3.9.6.6.7] Non code ze:s. The foiloxx4a_z ~i=t s.~ecies may be planted, bu: sMil ,~o: ec'.m: :o,.va:.4 ........ ; cc ~' trees: EU & SO. [Sec,ion 2.4], Con=oI species. The foLlowir, g :lam species shall uot be pi=ted :vi'~,.ki= f00 ,cee: cf cc.".~:.-.".=:= easements and re:aiaed natural ve.~emtion areas: PM '~T&'. [Section Prohibited spec:es. The follo.na, ng plant spe':ies shall not be plan:cd: ET, CT,, B.v. lis: shall Lc subjec: to revision zs exon: plant species are de:e,,'mmcd to ~e nox:eus. :~,.'as::'e. welfare. [Se::icn 2.-' -:.I 1] P:okifi:ed exotic s.;ecies, ir, ad.a'.~on to t~e ;:oi,,ibit:o,",s out!=ed in section 2..:.-bi 1, ,,Lc £oiio,,Cm~ scenes or !ee~ ~,er:of shall no: 5e _=own. offered for sale, or wa~po:':ed L'~:er-counr.: or inra-cou=D': Nil:. ~?. AP, DP, .%% LL. CF,, C*!. E~., WT. & r-9,. I. [Sec~on 2.~.,:.12]. A! ' Aus.,~lian ir, kberr7 (Scavola ~.':e:ce.':s) :AP - Ata:ralian pine (C:uari. na ~p.) AR. -Air potato ODioscorca bulbifc,"a) BI ' Bishopwood (Bisck0fia javznica~ BP ' Bra=lion pepper (Schinus terebin:hifolius) CB ' Castor bean 0'R. iccinus corrav, unis) ET = E~ zee (En:erolobiu,'-r, cycioc=.,'Tum) EU" Eucai.',~rus (Euc.',l.',Trus HR = Hunters robe CRa.=?,ido~ho~ 2urea) IR = Indian rosewood fDalber~a 5issoo) .IT" Java plum (S?~.'gium ct:mini) J-r = Jamaican t.xll palm (Cocos nuci£:r-a) ,. ". ' ' CF ' Climbini Fern (Lygodium r~p)LF ,' Laurel Fig (Ticus mi~oea:Ta) ~ :':... Cl "Chinese 5-allow Tree (Sa=iu.~, sebifemm) LL ,, Lather leaf (Colu~.-ir.a asiar.:a) CM "Ca:daw mimosa Olimosa pi.m) ME -, Melaleuca (Melaleu:a quir. q'.'er, er,'ia) CP - Corr.mon papaya (Car'ica papaya) PM = Paper mull:e:W CS - Corr,mon snake plant (Sansevie."a rrifa~ciam papyrifera) Page-19- Staff Report CT ,. Chinaberry. tree (.Melia azcdarach) ' Invasive Exotic Plants in Collier CounV,.' - Februar?' 1999 ' /, DJ = Day jassamine (Cesrmm diumum) DR = Dow'ny roscm.~tc 0L'nodom.',xms EA = Ea.-leaf a:acia (^ cacia auriculiformis) actinophyila) SI{ - Sho~bunon a;clisia (Ardisia ctlipfica) SO = Silk oak (Grevillca robusta) T,V = Trailing Wedelia (Wedelia ~lobata) W7 = Worman's tonic (Albizia lebbeck) Page-20- INVASIVE EXOTIC PLANTS IN COLLIER COUNTY EPTAB Exotic Plant Subcommittee Report January, 1997 Exotic Plant Subcommittee: Chuck Ray, Chairman Bradley Cornell Nancy Pay'ton Staff' Liaison: Kimberly Polen FEB 1'8 1997 pg. ',~ _ 6G ;4 ACKtNOWLEDGSfENIS ~: Environmental Policy Technical Advisory Board wishes to especially recognize the u'emendous research and field assistance given this board by Kimberly Polen, formerly with the 'Natural Resources Department, and now Environmental Compliance l. nvestigalor for Collier County Code Enforcement. EPTAB also gratefully acknowledges the conm'butions, advice and assistance offered by the follovdng :people in the execution offs report Wayne Arnold Barbara Bergeson Ted Center Joe Delate John DhMartino Masco Espinar Clyde Fugate Mike Kirby Bruce McNall Shirley Ray Nancy Siemian Linda Sullivan FEB 1-g 1997 :~ '-' u'et a serious 5ffestafion or inva.siv¢ exotic plants, plants, which include predominantly s~;ie.s such as Melaleuca, Brazilian Pepper, Australian Pine,' Water Hya~:~nth, and Hydrilla (and c~ver 100 others to var)dng lesser degrees), ~'e respons~le for very significant health, safety, econ6mic and environmental problems throughout the county. They are spreading rapidly and thus there is ~ong impetus to more agg~'~e.ssively,_?dres~ exotics control i~ues now to minimize greater future expenses and problems for all. I ' . ' !.~ . './. i °' °.. o'-'°,~o° ,o' ' " *° i; . ,'. · ' ~elaleuca and Brazilian Pepper are major ~urce$'ofyeat-round allergens to much of ou.r citizenry, resulting in much ~er health care cost~ and ser~ou~ health problem, s .fOr ~ome people.. Melaleu~ a very zealous fire hazard to'both'~tructur~:s'and'mtural ~eas d~e tO the high volatility of its oily leaves. Navigation, flood ~ontrol, ~'d recr~fioh'ge'com~omised'b~' ~v'a~iv~ exotics choking thc v~'at~ ~d- quantities, ~d buyers and sellers'~'d'amiliar:~th'the'vl3e¢i~ ~e es'3ecially yulneiable. Ancl ivery one of our very unique natural are, as is i. n6reasingly'impictid by the spread of these 'noxious plafits 'aii flora and fauna habitat,diminishes i,q quantity and q'-uality;'which also .in'...'~cts tourism and other · baxed recreation. . .., ' : :' J- . : '. "; -. :- ': ":';'. ": "'' - ".i.ii '. · . ,,,. ...:. ' , :. ~..-. · .~,t..'... .~- ..... ..... ..- .. . . . .... -. C. oll o re since'1975, thi~ owing problem ! ogression o rdin~c~ mhd policies wkich attempt to curb the spread of these'plants~ mSst n6'tabl)/the I.DC and the Litter, Weed& and Exotics Ordinance. Site inspections by both s'taffand EPTAB show enforcement has been good for new projects except some Cotmty prol:xirties, bu't'poo? for poit-~6 ".r~ction monitoring. 'Thcri i~ poor awareness, generally, ofwhai the worst'species look like, how'to get.fid of them, ~d ,,,,'Mt expe.nse, is i.nvolve& There also is a lack ora spe.~ific.,.comprehensiv.e, and efficient Exotics Control Ordinance. The EPTAB recommendatior'~ are summarized below (please also see attached Appendix E which shows. a Cost Pfioritization of Specific Recommendations): -. :- .. - - 1. Educate the public, government, afld lands~pe/nursery indu.~ry on recognition, eradication methods, assistance sources, and legal requirements. 2. Adopt a comprehemive Exotics Ordinance to target non-construction problems whi.ch Code Compliance staffmu, st pur~u¢ .... '.' . : . -. · ..-. .... · ~ --.. 3. Improve enforcement of pertinent ordinani:e's'thsough b~th compliance incentivea~flem'bility, and through increased enforcement field support (,,'olunt~er ~d staff'). 4. Actively pursue funding/gssistance for control efforts .through a) cooperationAharin'g of rei, ources with other agencies and organizations; b) application for public and privite grants; c) cultivation of volunteer help where applicable (labor is the single biggest eradication expe~e).. · - 5. Assure exotics removal on County pro'l~rtiei. ' ...... . . . . ,-' . · - 6. Support resea/ch by'other entities bn bet:,ir'contr~! methMs~ (Lobby' for a full bi010gi~l control quarantine facility in South Ho/ida,'l~,'!hi~"~6ri.hi~tea f6 FCrC~,'a'nd federal fundin~,'fo} USDA Australian research station.) '.:-:,.. ~.' ':.u '.'- . :: :.'. ': .". :-".' -' :" '"' ' '.. :..17..'.;: ::::'~ .... .;o, · : ..- - 5'., - ' · ".::-: ...i.-i.". · i', ' ' -,.,'-$..: :':,'.'5. :o'-.." :': "-- ' lv~any of the specific recommendations found in the report have mi.nimal budget impact_s, and others which do, such as'the education initiative, are good candidatei, for....cooperati°n, with other involvezl .. entities, or grant funding. The report emphasizes building Cg. mfn,..unity support for inva-$'ive"~xdti6s-control policies through education initiatives. '"':. ~ -: .... ' '7 '. ;~.'i' :' . .'.:.'" . :.. :. ',','."':: ' '" '., .--:: :-,.' - ' er.::..-.' ".:'"':-":"- ::--' ::'"' "": ..... ' ..... '- =: ........ : .... '.,-' ' .... .' ;' AGE .:' "'~.;" "i,;· ' ."'C-- . '-'2 .... ;.,2:' " .... ; "~.'7 ;' - .;1.: .'-.; '- .... ' ': : ' :~.,;,. ~.o.. " "-2' 'FEB 1-8 . I,qroduchoa. Overview o,. Problem . "The uncontrol[ed spteadY~g of ccol[c £lants is one of the rnos~ sedo'us ecolog~cal problems factng southwest r"7odda today." That is the concensus of many of Horida's prominent biologists fi.om go;'emment~ academia z~.d indu_s~---y.. This paper 9'-as developed in response to an ecological problem of unparalleled significance and danger the nan.tral ecology of.south Hoddz, and in particular Collier County. Exotic plants are changing the fa, ce of.south Florida. Il'left unchecked, Florida's multi-billion dollar tourism industry 9,511 suffer increasingly significant erosion, and individual Collier Countians stand to lose out in many ways. Exotics have displaced highly valued mangrove trees along miles of shoreline. :They have altered thousands of acres of habitat including that of the Florida panther, black bear and other threatened and endangered si:edes. They cause human suffering by inducing allergic reactio=, especially to melaleuca pollen v,'Wch is present in large quantities throughout the y~', and severe skin rashes fi.om Brazilian pepper. Melaleuca poses a great fire baTard, particularly in areas wWch Mve been overdrained (which is much of'Collier County), due Io the extraordinary volatility of its oily leaves. l. nvasive exotics now cost our citSzens millions ofdollars every year in allerD'-relaed heahh ex~mes, depressed real estate values, azd eradication costs, in addition to the impacts on tomSsm. The problem becomes more critical every day. It has been calculated that melaleuca (Me/cie,ca quinquenervia) trees invade ar. oO, er 50 acres every day 0:'Iunkett, 1994). O'd~ers suggest far grater amounts. It is imperative that Collier County and its citizens participate in the control of this menace. The Governor's Commission for a Su~inable South Florida Initial Report provides excellent background on the extent and serious nature of this specie' invasion (Governor's Commission, 1995, pp. 78-82). The predominant source for all these noxious weeds b the commercial importation ofexmic plants -. (Center, 1995). We in Coll'ier County must adch'ess both this source and the all too numerous resultant symptoms of previ, ous failures to screen out invasive plants. The University of Florida Cooperative Ex'tension Service has proposed that "it is the respon_sfbility of those who are aware of'the problems caused by noxious exotic plants to educate others as to tbeir identiV and control to prevent further ecological damage to native ecosystems" (IYAS circular 868). T?,e Environmental Policy Technical Advisory Board (EI:q'AB) concurs with that position ~d accepts the inherent requirement "to do sometl'fing about it". Cons~ent with that responsi'biliv,.', EPTAB tmdeaook ~hi,; project to detenv,.ine the extent of ~e problem in Collier County, to evaluate the mechanbms available to limit or control exotics, and to con_sider measures that might enhance County effectiveness in dealing v4th this problem. [I. The Plants Exotic plants axe Species that ',,,'ere introduced accidentally or deh-be, rately from Australia, South America and other continents, and arc prohferatmg in Florida at the expense of native species..A very important ~urce ofexotics is the volume of imported plants for commercial u.w.s - over 456 million in 1993 alone (80% through Port of Miami) (Center, 1995). The Exotic Pest Plant Council's current most invasive exotic plants., includes 116 species as testament to the inadequacy of tM greening process. 3 FEB 18 1997 MeI.leuca iMelaleuca qulnquem~nda) in particular has altered vast areas o£ the Everglades by replacing native 'tree isla'nds, ~wgrass rnar~hes and other habitats. The mature trees typically form impa. ssablc jungles of light blocking stands Which virtually eliminate other plant species. The stands have limited wildlife value and reduce species diversity by as much as 6040% (Center, 1995). They are known to impact a number of endanger~ or threatened species including Florida panther, wood stork, Big Cypress fox squirrel and others. The loss ofmore th,an 28 square miles ofhabitat per year is one of great significance to wildlife. Melaleuca has been most critical to control where individual trees or outliers exist (not the monocultures) which is the initial entry into an ecos'y~em. This is where the species sprea& the fa.ste~ (Mel. Mgrnt Plan, 1994). less thorougl~y documented ate l~e ~m~c~ 0£ o~er exo~cs, ~i~ly B r~li~ ~ ~p~ r (~M~ [grg~[m~o[[~). ~s pl~t ~ iB ~e ~ f~ily ~ ~i~n o~ ~d ~ison iW. It h~ bn~t r~ ~es ~d sometimes is refe~ to ~ C~~ holly. ~e ~1o~1 ~ may We ~n restonic for i~ imitation ~ a d~ve pl~t s~imem ~ ~e ~od~ en~roment such im~ ~e ff~ of proton, na~l ene~ ~d o~er ~inm, ~ ~e f~e to flo~sh ~d out~m~{e ~ve pl~t ~~iti~. B~ilimn ~p~r h~ alter~ ~e apace of Collier ~ by dominatin& o~en eliminating native species on public fi~ of ~=y, a~cul~al l~&, ~d:','elo~d at~ and older subdb~sions, lnfes=tio~ ap~r Io ~ence along roa& and o~er 5~nu of~2y at fieid m=g~ns and in o~er ~e~ where native plant con,des have ~en dis~ by ~ mo~g. From ~at f~ol~ · ey sprod to ~e intefion ofmn~ AuStralian pines (C~uadnaspp.) grow quickly to perhaps 50 feet in ten years, and 100 feet by the age of 20. A steady rain of seed from the original colonizer creates a carpet of seedlings under the canol:ry. The sprouting plants are just about the only ones able to survive in the darkened and chemically altered environment. A great example of this takeover is what should be one 6fthe Naples arca's en,drorunental shm,,01aces, Keywaydin Elan& From a boat on the Intercoastal Waterway between Naples and 1%.~'co" Island you v'ill see no a show place anchored by mangroves, one of our most important native plants, but ir~tead miles of shoreline ',,,'here mangroves have been crowded out by Australian pines. Some other less well-lmown., but potentially harmful invasive species are earleaf acacia (Acacia aurtculiformtO, lather leaf (Cotubdtra asiatica), air potato ('Dioscorea bulbifera), woman's fongue (Albida lebbeck), climbing fern (Lygod[um rrdcrophyllum), do~'ny rosemyrfle (R. hodo. myrtus lomergosus), java plum (Syr)~fura currdrd), and catclaw mimosa (Mimosa £tgra). They are lesser known only to a complacent population; to even the amate~ ecologist they are ss"mbols ora scousgc, and all ofthem ate now proN'bit~ species here in Collier County. Yet many oft.he, se exotics are seen as valued ~pecimeas in yards of all our sub-d. Msio~. Aquatic species, including water hyacinth (Eichhorrda crassipes) and hydrilla (t£yddlla verticillata) cause great damage to navigation and &ainage as well as reduce biodiver~ity and oxg,'gen levels in water. Appendix A lists the most serio~ ofinvasive species. The present county list of prol:n'bi~ed species should be expanded to include several other recently introduced pl.ants just becoming recognized as potentially serious problems. A~paragus fern (Asparagus dendflorus), the pervasive groundcover wedelia (Wedelia th'lobata), carrotwood (Cupaniopsis asuacardioides), and laurel fig (bq'cus microcarpa) are just a few examples. ^~E~pC~.,q.~..2 ') FEB 1-8 1997 4 Thc financial cost of exotic plants is almost beyond measuring, and every chizcn pays part of the cost. Current County budgets include 580,000 for exotic removal and con~o] in dam Bay alone. Count7 Stormwatcr Management D~partmcnt is responsl'blc for 27g miles ofv,2ten~ys. They have budge:ed S549,400 for removal of exotics because thc plants ate partly the cause ofw~despread flooding and degraded v,2'ter q(]ality. .: In addhion, Collier County enjoys great economic benefits from the eeo-tourism indus,--")' O:,h'dv¥'atching. fishing, canoeing, ~ours, hunting, hiking, etc.). Accordingly, exotics'.er, viron, rnental degra~a,5on will severely impact our local economy's health, if not controlled. Exotics add to the cost'~f neirly every'new'dwelling here: Each buildk'~g permit requires Oat all ' proI'u'bited exotic plants be removed from re site prior to the County issuing a Certificate of Occupancy. In the case of' large plots .seriously infected with large melaleuca or Australian pine stands, the cost can run to many'thousands Of'dollars. For the builder ora modest home in Golden G-ate Emte~, the cost of cleating is a major consideration' It is iml:0rtant '.tn the selection ora hom~he, ~d may prevent m~y owners from building. .: .. - ,,(lso, melaleuca D'oves are a fire'ha~_~rd. The leaves contain an oily substance which bt:ms fiercely once ignited, and can easily spr~d to the structures which they surround. Several of the plants constitute health h:~Tards. Melaleuca is widely recognized as a htr'nan respiratory irritant. Brazilian pepper is closely ri:lated to poison'ivy'and has the so. me effects on man)' people. Both cause asthma and create other allerD'-related health problems. All ofu3 pay these costs directly through medical bills or indirectly tMough higher insurance rates or subsidized care. Besides Co'an~ expenditures, the US Deparlments ot:Intebior and Agr/culture, Florida State Parks & ' Recreation, Forestry and thc South Florida W~ter Management District and other entities armu.',.tly spend huge sums on exotics control.' The State cu~rrently spends more than S2.2 million on melaleuca con=ol alone, and the South Florida Water Management District spent $1.4 million on melaleuca control in their Water conservation Area 3. It is istimated that Federal, State and local ;~g~ncies spent nearly $10 millioa dollars on melaleuca control or'er the p~'~ ten years. The costs of removal and/or prevention ofcomple:e infestation of thc Everglades and South Florida wetlands ,,,,'as estimated at 5168.6 million doll~s per year 0Mci. Mgmt. Plan). An excellent summary of erds'ting and potential co~ of exotic plant ir~esutions is provided by the Economic Impact Statement submitted when melaleuca was added to the Florida Prob'bited Aquatic Plant List (Diamond, Davis' Jnd Schmit:z). IV. On Paper.: Regulations, Codes and Re'dews Used in Collier County .... .,':'..' Overview of Collier County Exftic'Plarit'Regula'tionsi' .More than 25 years ago Collier County, " officials recogrfized that several introduced plants were becoming a ser/o~ threat to native habitats. The first official salvo in the ,,,,:ar ag:ih:m in ,/as i,,' e exotics ~'curred in June, 1975 (ORD #75-21) when County passed an ordinan(Se ilimln'atin{~ th~ V:/-~it fees for the remo',-al of Australian pine, melaleuca, and Brazilian pepper. Soon after, ORD #79-73 actually'pr6h~ited Brazilian pepper and melaleuca and ·, AGE/In r required their removal during irdtial development phase clearing. No..~.~) FEB 1 8 19S7 PIL ~ .-.,--- '~ were enacted to control the spread ,---" :ious cxot[c.plants. Australian pine, mclaleuca, Brazilian 'lxpper, paper mulberry, earleaf acacia, anna c. hinaberry ace could not be u~ed to meet landscape requirements (ORD//82-2). Brazilian pepper and melaleuca (ORD #82-37) were required to be cleared from the property during the development phase,just as in ORD #79-73 (the earlier version of the same ordinance): The requirements were well.intended, but failed to consider ~einvasion of the property. In I989 amendments were passed mandating that maintenance programs including control tecl'miques be developed, approved by the county, and implemented tkrough the Planned Unit · Development (i:'UD) section (ORD #89-49) and the Site Development Plan 0~DI:,,,! se[c4ion (91i~ #.89-45). De~p~te the above efforts, noxious exotics continued their'invasion of Collier County's native habitats. Amendments in 1991 (Land Development Code; OKD #91-102) attempted to limit the impact noxiou~ exotics growing on unimproved land, common areas, rights-of-way, and easemenu could have on improved or developed property (required by ordinance to be noxious exotic-free). Also recognizing the importance of native species, the 1991 amendments protected native vegetation during ~e removal of eXOtiCS. In 1996, amendments adopted, and being considered (see the rev'ised Liner, Weeds and Exotics Ordinance) may strengthen the ordinances pertaining to exotics on rights-of-ways and all easemena on improved property within subdivisions as well as 'm'fimproved properties abutting improved prope~es. Also the list of prokibited exotics has been expanded, in addition to Aus~lian pine, melaleuca, Brw_iUan pepper, earleaf acacia, catclaw mimosa, Java plum, and downy rosemynle, to nov,' include ,,'omen's tongue, lather leaf, air potato, and climbing fern. Unfortunately, bec,awe of large exemptions, economic difficulties related to mandatory eradication, and inefficient treatment of exoticsi the Lieder, We:~ ~d Exotics Ordinance is still not a good comprehensive exotics regulatory tool. For a complete Mstory of Collier County's exotic plant regulations, plea.~ see th~ char~ in ApFendkx B. Development review process outlined: As detailed by Mike Kirby, former En,,'irorwne:~tal Com.~lian~ Investigator for Collier County'~ Code Erff'orcement gctio=, and Clyde Fugate and J'o~, D~lanino in Engineering Inspections, a series of inspections by engineering and code enforcement representzdves is used to ensure exotics removal on developed property, both public and private. In all cases, developed properties are to be maintained exotics-fi'ce in perpetuity. For new subdivisions., all pro~J'bited exotics are required to be removed before acce.~.nce is give:',. A bond is posted and accepted by Collier County and engineering inspections are done for all sutctivision improvements. Exotics must be removed in all right.~of-way, preser','es, common area_s, aad x~-ater management areas. In~pectiona occur for preliminmy approval and again for final accept~'~ce, and tl'ma periodic follow-up inspections until the planneXl unit development (PUD) ph~e is built out_ Annual PUD monitoring reports are filed which should reflect the findings ofthe follow-up inspections-exotics =e now part of the monitoring. Once final acceptance ~ been given, 'an exotics management plan must be filed with the Count5' and responsibility is transferred from the developer to ~he subdivision hom:o',vners' association. ]For site development plan proiects, within the above subdivisions, an exotics removal inspection is required before any certificates of occupancy are iss~ec[. FEB 1 8 1997 ticket (which there is not on inspection verifies exotics removal compliance. cupaa~/is issued until Code compliance operations: Or[ce a project has been accepted or a certificate of occupancy issued, individual properv,,, owners become respons~le for maintaining th¢ii lots exotics-free. The Code Enforcement staff.ensure compliance th. rough violations noted on monitoring tetris, and on citizen complaints called in. Routine, proD'aromatic inspections are to be done of ail accepted projects. ~..-. violations occur on subdMsfons, one )'eg is given for removing the exotics. Other exotics vioIations pursued thsough the letter notification process. If no results, then the County places a lien on the prope:v;' and removes the vegetation. At ins time, most liens are not foreclosed on, and when collection does occur the money is directed to the County's general gruels rather than code enforcement oFeradons. "estates" zoned areas are currently exempt from unimproved property exotics removal requirements, suc'z ~ when a neighboring unimproved lot is bJ'ested next to improved property. V. In Practice: EFTA.B/Staff I. nspectio= With advice and assistance by Natm'al Resource Department scientists, EPTAB selected a number of residential, commercial and public projects for evaluation. Removal of exotics appears to be comple:: !z the majority of these projects at the time of completion. Unfortunately, follow-up often is lac'king. Exotics res,~rout soon after eradication and continue to flourish. Also, during the last sevea year~ O, ere have been many citizen inquiries regarding protu'bited exotic plant maintenance and control, but there have not been any routinely scheduled re-inspections al%r project completions. For a complete accour.: of both public and private projects inspected, please refer to Appendices C and D, respectively. Public Areas: East Naples Community P. ark, Veterans CornmuNty Park and Barefoot Beach Park all ha','... 'serious irbre~'ations of exotics; some road and canal rights-of-way are also seriously infested, although most rights-of, way are clear. Those less traveled usually are the most seriously impacted. Hov,'ever, ~he. problem has reached advanced sages along several major arterials. Along Vanderbilt Drive, between Bluebill Aveaue and Wiggins Pass Road, the mangroves, buttonwoods and other salt tolerating t.zees and understoD' have been replaced by Brazilian pepper and Australian pine· Private Are~: Environmen~l'specialists with the Plarming Services Section pro'4ded the Resources s'o. ffwith envirora'nental assessments of 33 Plarmed Unit Developments (PUD's). ON.',' five cf the PUD's, wkich were evaluated by staff.fi.om May, 1995 tkrough Mazch., 1996, did n.._ot Mve any prohibited exotic plants present. Procedurally, the inspection documentation process for larger developments does not adequately track exotics removal and is succegs~ only became bdi,riduat s-taft. are very knowledgeable and proficient. County-wide exotics removal and follow-up documentation · should be. used on all projects and c~es. There also are pi'oblems in the e~ciency of record retrieval for both staffand t~e public. These issues have recently been brought to the attention of management staff. Grandfathered, older subdivisions pose ~ egorcement problem, as do the vast expanses of the Golden Gate Estates. Many areas were created prior to ordinances prokibiting exotic plants v,'hich h~bor a great deal of exotic plant material, often used for landscaping. Right now there is no mechanism to control spreading or provide for removal of exotics until such time as existing structm'es are substantially improved, or on a complaint basis. Marco ]sland, Pine Pddge, and Lely are just a few examples of the problem. There should be ex'wa incentive to eradicate melaleuca in the more rural areas of'the estates AG£ND& ITEM · 7 no. ~ FEB :s pose r to t ative ha there, but also 'Jueats to the health and safety of those r,.~,dents due to intense fire hazards and resp(ratory~nC.~k~ aller ,i?, problems. · ' -- · .g OLt Conclusions on Local Rezulatorv Tools' Collier County has basically very progressive and F, Jtentially effective rules to help eradicate ~st plants locally. The County should continue to update its ]ist of proh%ited species, but should do so in coordination w~th the Florida Exotic ?est ?lznt Council's List of Florida's Mo.~t lnvasive $£ecie$ (E'PPC, annually uI::dated). Both the present and newly revised version.s of the Liner, Weeds and Exotics Ordinance are not fully effective vekicles for controlling the exotic pla.-,: situation here. A separate ordinance really is needed to target invasive exotics issues specifically. Tl',e problem is most acute in areas like Golden Gate Estates. Exemptions of cee, tin areas from exotic removal requirements, and the lack of education and assistance are major difficulties. The unsatisfactory state ofm:~intenance on properties which should be exotics-free, ~ evidenced in the recent ETTAB/Staff inspectiorts, indicates Collier County needs to improve its follow-up inspection process. Since projects are generally complying at the oulaet, it seems to fall to Code Compli~ce to bee." up their monitoring and complaint response procedures. At present, all complaints cannot be acted ufo,z, and no systematic monitoring takes place anywhere. Current staffing 2ppears to be inadequate for th. is task, and education and volunteer utilization could offer ~emendous help. Because of the great expense of enforcement actions and actual cleating, both publ'ic and private local agencies mm better educate and involve the citizenry (including themselves) in control efforts. Volunteer programs involving county-',,,ide code-compliance monitoring, removal assistance (tec,Naical advice and help, labor, Poss~le financial), and obtaining grant monet disected tov,-ard these goals should be pursue& V,'Nle regulatory requirements are necessary, the disproportionately g/eat expense required ' of single family home owners demands that flem'bility plus more incentives and assistance h.e utilized eradicating a difficult problem in Collier County. .. VI.. Management Strategies in Collier County This is "where the rubber meeis the road". A summary of control methods currently in u~c in Collier County ,,,,'ill lead to some Policy recommencb, tions in this area. Also, considerable auention has been paid to economic utilization o£some of'these species, especially melaleuca, to help provide incentive lo harvest and thereby control theh: spread. An unfommately short list of practical optior,.s ~,,,511 be noted below. Controls Available: Exotic plants are currently controlled or managed in one or morn of the following ways: 1) biological control, 2) mecEanical control, 3) physical control, or 4) herbicidal control ~iei. MgrnL Plan). Biological control involves the use ofnatural enemies' of the targeted species, including insects, pathogens and other host-specific herbivorous organ.isms. Without bio-controls, it is difficult to see how well-established species like melaledca and Brazilian pepper could ever be subdued. There are too man)' acres of them.'For example, Ted Center of the US Department of Agriculture ('USDA))'esearch center in Ft. Lauderdale reports that an irsect will be released before 1997 wkich devours new growths on melaleuca. This insect comes from A~tralia and is the result of research efforU at the USDA's laboratory there. Because it only eats new shoots, it will not kill host trees, but it will slow the spread of more plants because the flowers are consume& Bio-control is still very much in the for Florida's most troublesome species, but it is probably the most important in the loJ:g terrr~.°t~ [ FEB181997 emphasized that every effort be',....de to ermure any bio-control agent doe:, .or produce another exotics invasion problem In spite of that risk, there is a critical need for better re~;..arch fa.rlilit!.e.s,?,n parti~.~r ar rannne o rations, and for dedicated funding of USDA's Australian researcl'~tt°~4 for qua Mechanic. al comrols are those which "harvest" the plant by hand tools or machinery. This method can be very effective when used with at least one other control - especially herbicidal follow-up. Except where coramercial scale harvesting is involved, th/$ method is limited in effectiveness to small, emergent are...~ of infestation- Physical controls refer to marfipulating environmental conditiorm such as water levels and fire to 5tre..xs a plant until it eithir dies or is vulnerable to other treatments. This is now being used extensively in the Big Cypre~ National Preserve w/th success. Fire is introduced at the proper time ofyear after either mechanical or herbicidal treatment induces a seed release, thus killing both manse and seedling melaleuc.~. TNs method bas limited application becmuse of the need for large area~, and proper t/ming of flooding or fire is very difficult. Herbicidal control indicates the use of chemicals manufactured to Nil the plant tN-ough a varieU of treatment regimen, s and application metho, ck~. Research has provided a great deal of information on th-.. best method~ to apply herbicides to various target weeds. Care must be taken during application to avoid impacting the native vegetation adjacent ~o treatment area& With these data and field expe,qence, it should be easier to plan the best management pFactices for all pes't control situations. Herbicides are best used before a species is rampantly out of control. Because its greatest invasive threat comes from widely distn"bmed sporadic outliers and not der,~se monocultures, labor intensive single tree treatment with herbicides is the 13referred control of melaleuca where it is four',d as indMdual outlier~ because it does not affect native vegetation nearby and is very effective on target plants. Bram'lian pepper is best managed by foliar treatments, or mech~ical removal.~ followed by herbicide treatment. Australian pine is most effectively c6ntrolled by single tree girdling and painting with herbicide. Aquatic exotics are currently controlled mostly vfith herbicidal applic.at/on_s. All treatment operations require vigilant follow-up to ensure long term effectiveness. In ail cases, the greate~ expense involved in controlling exoti~ is the labor cost. TNs is why ultimately some form of broad area, perpetual treatment will be required for control of well-rooted species like melaleuca and Brazilian pepper. That treatment is biological control. Utilization and Exploitation Over the years, very seriou.q attempts have been made to discover economic uses for some oft,he.se weed-s, in particular metaleuca. Wt't/le many uses have been identified, only a couple are feasible. Melaleuca is now being succe~fully marketed as a landscape mulch, with one company in Ft Myers doing about .5,6 million ofbusiness each year selling this product nationally. A~ with any mulch, a seed kill must be effected, to avoid exacerbating the spremd of viable seeds, by maintaining a high temperature while ¢omposfing. There is also a strong potential use for melaleuca as a fuel for power generation The hardwood core of melaleuca is suitable for tomato stakes and'could be used for shipping pallets. Unfommately, Florida's Melaleuca quincluenervia i~ not an acx. eptable source of medicinal teatree oil, W'n/ch com~ from M. altemafolia. Brazilian pepper is only useful as a mulck NO. ~ FEB LocJI Aquatic Weed Control Effort~ Bruce McNall, of the County Storr~water Management DeFt, is systematically spraying herbicides an~ cutting back all growth along all canals ,,vMch are in the county's maintenance respom~ility (abotrt 278 miles). This targets both terrestrial species as well as aquatic, including Brazilian pepper, downy rosemyrtle, Australian pine, rnelaleuca, water hyacinth, hydrilla., and torpedo grass. The program has been motivated chiefly by the need for unimpeded flood control fuhcfio~ ofthez, e canals, and the res'ult~ thus far appear positive. One note of caution is that herbicidal control of aquatic weeds in our can_alt, where the exotics probletn is the worst, can cause trouble if the volume of plant material is so great that their death creates a large fish kill. Appropriate use of mechanical harvesting and adjusting the frequency of spraying can minimize this hazard. An interesting recent development is the use ora type of carp by the South Florida Water Management Disrrict to help control invasive aquatics. Management Summary There is hope ofdeveloping better control methods such as biological controls in the ne. ar future, .and Collier County should support this research in every way poss~le. Also, les'ts are continuing on the u.,.e of broadcast foliar herbicidal treatments which will be environmentally benign and more economical. .Success requires teckn, ic21 and economical feas~ility, as well as he:alt.k, safety and ecological a.ssu, rances. In the meantime, battles must be chosen appropriately with the short-lerm tools ;:urrently at hand- herbicidal, mechanical and physical methods. .. Continuous coordination and dialogue among~ all agencies and entities respons~le for exotic weed control is a critical factor in both the development and implementation of the best comprehensive control strategies. This includes the effective dissemination offs information., along with pro',dding all the economic incentives poss~le, to individual homeowners and bu.4nexses out there doing it them~Ives. Management is achieved throug,";, Mth prevention and cure. Thus we must not ortly control spe~ already escaped from c~tivation., but recognize the dangers from all potentially invasive exotics. His-tory and the present condition oft.he natural landscape prove this has not been done ,,,,'ell in the past VEL CONCLUSION AND RECO~D, LENDATIONS Collier Cotm~' has not been spa.red the ormlaught ora literal arm3' of invasive exotic plants quickly spreading throughout the entire state of Florida. These plants, most notably including'melaleuca., Brazilian pepper and Australian pine (although the list goes on to a minimum of 116 species), threaten the health, safety and economic well-being ofour citizen, s, and are e. xacting a humbling toll on every one of our urdque natural ecosystems. The County has many of the basic tools it needs ~o combat these intruder~, bm it lacks much of the awareness and public education required for a truly cooperative effort from all of ~ts.cmzen. Such cooperation and knowledge are requiremenks for mounting any crech'ble campmgn to c nervasive oroblem. Complacency ~11 only result m further degradauon and expense tn the ~71.~le the'bulk of fie acreage is l~:ing add)essed by state and federal agencies, there is still long run. Hel~l~a~ 8 1997 ants, and the.health and sa. ,t hazards of'large stands of'exotics brir,~, urgency to our cfi'om to control exotics everywhere we have jurisdiction. ' '~ ~"~ Follovdng are the details of EPT,~'s recommendations on combating invasive exotic plants in Collier County. Please also see a grouping of these same recommen~tions by relative general budget impacts in Appendix E. 1. Coordination. should occur vdth all entities worLing on this problem: USDA, S~Viv~, bee Dado County, restoration et"fo~ for the Everglades, the Cooperative Ex'tension Service and the Univ. of FloridafEFAS, the Nation. al Park Servi.ce and all South HoNda uniu - especially the Big Cypress Natior'~.I Preserve and Everglades Natioml Park, USACOE, env'h'onmental organizations and other pd','a~e entities, and the Exotic Pest Plant Council (Collier County should become a member of this non-profit 2. A. ssis~ any research effor~ ffzou~h either direct contn'butions of county stafftime an~tor mono':', or through politic.~l lobbying on behalf of other entities working on the issue. ~ particular, the · re.w. arch station in AusU'alia currently needs dedi~ted funding of approximatdy $250,000/y~r. there is a su'ong need for a large q~rantine facility here in South Florid~ 1o make bio-control re_~carch poss~le. While Congress has approved the concept of such a facility, they did not fund it. government, private orgaMzation.s and citizens of Collier County should lobby for the ap?ropr'ia'.:.~n of these funds (toul of'approximately Sa, million for an already designed facility). It may ~ vet)' link such a facility with the new Florida Gult'Coast University and this ~ssl. bility should 'c~ e.x?lo~cd. :3. Improve local enforcement o£all regulations aimed at controllin~ exotics hcr~ in Colli¢~ Cou:.ty. This ~ncludes the followin§: a. Collect on foreclosed liened properties on weed violations and put that mone)' ~n the cc~:~e enforcement budget, not the general budget. b. Improve the inspection system so that there ate better uniform records of en~r,-~,'in~ ~nspections £or exotics. :This h~ recently been brou~t to senior n:ana~ement's attention and i~ pursuedgl Public inspection records need to be better organized and access?lc to ail, including ti':e public and all staff. (This, also, has re=ently been brought to senior management s ardent{on and is li~k:',~.'~se beir, g pursued). d. Clarify and ensure that exotics management plans get incorporated into ~sociations charters when they assume public area respons~ilifies flora the deve]oF'er. e. Improve follow-up inspection process for code enforcement, utilizing bouh volu:tec:5 ::::d staff ~S TIeCeS S&I"j,'. .', f. Engage more code enforcement l:ersonnel and vol,.mtcers to allow for u~c c :.tire county systematically, not only On a complaint basis. exo,~cs, and ~,ake them 4. Public'education is essential. We must show our ~pulation how to reco~e " av,~are ofthe dangers and expense they can cause, as well as how best to get rid of them. EPTAB supports mounting a c~mpaign to familiarize all with ordinances, eradication methods and options, sou::es for assistance, identification, etc. The specifics of our education recommendatiom follovc z. Real estate value "exotics impact disclosure" should be included in all real estate u. am~ctions. b~ A clear exotics information brochuxe, with line drawings of the proh~'bited species in the County, should be developed and mailed to alt and made widely availablel,- Also ci;'e:ed ,_~.o-~-~ :- . . · . · · . ... .' N~. .-.,. . ' ll [ FEB 1 8 · . sources orassist . Coordin~ior~wi~theErotic Plant Council (EPPC) a'n~'~,,,r other entities would ~ m~st e~c[enL ~ &) [~ ~ c. Training sessio~ should ~ conducted for, and required or, ~1~ comm,rci~ n~,y landscapin~ o~rafions in Collier Count. ~ese oust to be coordinated ~th other a~ency st~s. ~: f~ should be on reducing or eliminating inv~ive exotics usage (~e EPPC category I list) ~ ~ell ~ cultivating another i~o~ation so.co for ~e public. d. Ail homeox~e~' ~sociatio~ ancot hpmeo~ers who are ~s~ing Pb~ phase m~r.~gement res~ns~ilities (u~n th~ Count's final accep~nce of~e develo~r's executed du:ies) should be Wen ofien~tion sessions on ~e s~cifics of~ose res~ilities, inclu~ng maintenance of exotic-free public ~e~ and co~c~afion ~e~. ~s should be donej~t before the ac~l final acc~p~r, cc is ~','cn to develo~r in order to offer the homeowners ~ i~o~ed i~ction op~W. e. ~tablish ~ Exotics Consol Hotline phone n~ber to call to help all b~inesses ~nd ~ any ~ct of~e ~sue. ~s Should ~ a joint project ~th ~e C~rative E~e~ion Serdce ~d ~e ~PC. 5. Volunteer help needed. Every effort should be made to encourage volunteer help vdth any r¢~onablc aspect of exotics control, from county-v,ide clearing projects to follow-up monitoring assistance (organized "complaint' system of monitoring). Naples "Melaleuca Day" and thc Br/~_s Nam;c volunteer eradication programs are examples oFeffective volunteer efforts. This also pro',Sde~ ~j:cat educational value. 6. Utilization of"harvest" and other incentives For removal must be. encouraged. N .... )cuca in has been demonstrated to be economically feas~le to harvest for making landscape mulch. 'l-~,is reduces the cost oFremoval and provides incentive as well. Other uses should be pursued ms research makes available, and economic incentives to eradicate, apart from or in addition to regulatoo' require~,cnts, must be pro,,ided for private lando;,,,'ners. This is especially imporUnt in older de('eioFcd aseat '.','here.. exotics removal was not initially required. a. Subsidized tipping fees for exotics debris. To help implement this, make it a condition of the any conU'acts subsequently issued or renewed with both the landfill OF,:rator and the mulching contractor. b. Tax credits for votintary clearing and maintenance of private property. c. Encourage melaleuca mulch (which is readily available both commercially and prodcced ,,vithJn a vegetative debris mix at the County's own mulching operation, s) on private property ar.d on all public projects. d. Considerre§uiring a percentage of exotics removal an,,'tim~ a prog,er?/cM~g~ ,",and; (Allov,'ing the presence of'exotics to figure in real estate market value provides incentive to remove.) e. Consider adding the EP?C's 30 or so Category I list ofmost invazive wee~ to tM cour~ty's landscape prohibition list, or even ~ removal list, in the Land Development Code. f. Establish a homeowner assistance program, especially For residents oFGoldea (]ate ~55tnte. s to help either financially or ~ecknically with exotics removal. At the ~me time, do not e×e-mp~t s~cS, areas from exotic~ prohibitions (such as presently Found in the Liner, Weed and Exotics Ordinance.) 7. Coil{er County must a~gressi;'elv remove exotics and maintain its own propcaies ~ an exa:r,;'~le, if not to conform with its own regulations. sources, m~d solicitation of labor assistance, either through intern programs like Am research projectz, or through outright volunteers. Labor costs are the bi,est expem 12 Actively seek funding sources for eraclication efforts. This includes application %r re'ants from all .e in era~icarron.-/ FEB 1 8 1997 as hap, 9. Adopt a specific exotics ordinance, which more effec~.ively addresses problems outside of new cons~.ruction. In particular, ~licies mu~t be comprehensive (avoid exemptions) and provide for incentives, options, fle~Nh~, ~s~s~ncc to homeowners and bc~er education on the issues. 10. Re.establishment of Se fo~er nalive plant communiw is ve~ im~nt p~ ofe~zdkation. ~s must be Wen more wei~t in drafting ~licies on removal anDvhere ~it~n ~he comnty (i.e. Clam Bay). Post-removal moMtofing ofvege~tive te~o~ is ~ absolute minimum. 11. provide an Exotics Remov'al Fund donati'on box. to check on all property ~ bills v,'Nch are mailed by the County. All money would be dedicated to Mucation and removal work. A separate Fuv~d could ke established, so named, or donatio~ could be directed to the appropriate ~ffwork. It need not (~.nd cannot) take a fortune to effectively ~ccomplish much in the eli. mi~tion of this ve~' serious Collier Co--unty health ~d envh'onmental hz, ar& While a u-emendous amount can be accomplished at very minimal extra expense, it will, however, require dedication and corm~unitT-wide support. I.n such a naturally rich area a.s Collier County, there are many environmental, seci~l and economic issues which demand our attention. Without lessening the ~portance of an)' of these, EPTA~ feels conL-ol of our inv~ive exotic pl~t problems is worthy of our ccmmunity's most sincere efforts. Many of the above recommendations have very minimal budget requirements (please see Appendix E on relativ'.' budget comparisor~) ~d emphasize policy initiatives on the part of local goverrtment. These : should be implemented immediately. Many of those items which carry a more subs~n~iM mone~r/cost are excellent candidates for funding from outside sources, such as federal, state and privae grants, and throu~, cooperative work with other agencies and entities working on exotics in Collier CounW. - Whenever poss~le, resources should be combined ~d expertise ~nd labor shared with ~e Exotic Pest Plant Council, the South Florida Water Management District, Lee County, Dado CounD', the Coov~rative Extension Se~Sce, US Depar~ent of Agriculture, the National Park Service, FL DePa~'anent oF Environmental Protection, the Azmy Corps of Engineers and the many private orgardzafio;~s ~d citizens who devote their effor'a to exotics issues ('Native Plant Society, Collier County Audubon Society, Florida Wildlife Ferderation, the Conservancy, homeowners associations, and other civic ~oups). Of all the recommendations, it is most critical ~at citizens, businesses and government leaders be educated to recognize the wor~ invasive exotic plants, what problems they cause, and l~."n ho'.,' ~hey ma'.,' be most effectively controlled.. Ti'ds will provide the essential corrtmm"tity foundation and impetus to enforce and implement the necessary tools for economical ~d comprehensive exotics NO. ~ FEB 1 8 1997 ! ! Center, Ted D., .1'. H. Frank, and F. A. Dray. "Biological Invzsions: Stemmir~ the Tide in Florida." Diamond, C., Davis, D., and Sckmitz, D.C. "Economic Impact Statement: TI~e Addition of Me!aleuca Quinqu:nervia to the Florida ProN"bited Aquatic Plant List." (Technical Repom N'PS/b,~R.EVERfN'RTR-91106), in: Proceedings of the Symposium on Exotic Pe~ Pl~ts. November 2-4, 19gg, University of Miami, Rosenstiel School of Marine and Atmospheric Science, pp. gT-110. Exotic Pest Plant Council. "1995 List of Florida's Most l. nvaMve Species." March 16, 1995. Initial Repor~ of the Governor's Commission for a Su~ta{nable South Florida. by Richard Perti_mcw, Chain'nam Coral Gables, FL. Oclober I, 1995, pp. 7g-g2. LatocLe, Francois B., ed. Melaleuca Management Plan for Flor/da: Recommenda:ions from thc MelMeuca Task Force of the Exotic Pest Plant Council. April, 1994, Second Edition. Morto~ Julia. "Brazilian Pepper -- It~ Impact on People, Animals and the Enviror~"r',c m." Econo,mic Botany 19'78.32 (4): 353-359. ,,_ . .. 19.., lg (.,). 5. Plunkeu, C. "Jacksonv/lle Manages the Melaleuca Menace. Ent:,/neer Update c,. , · Universi~ of Florida. [FAS Circular 868. 14 FEB i 8 1997 16G 4 APPEN'DIX A Exotic Pest Plant Council Category I and ZI list of blost l. nvasive Exotic Plants. FEB 1 8 1997 I \ "· ' ' '.'"' .! 'FEB 1'8 19,97 EXO~ ~C PEST PLANT COUNCIL'S 1~ LiST~)F FLO~I DA'$ . .1. PURPOSE: To focus -",n~ntion on'.' I). 'the im~cts exotic pest plants hav<~ cm biodiversit3' inherent in imp:x:ted systems; 2). thc impact of exotic plants on the integrity.of hative commuMb' coml:x:~ifion and function;.3), habit2t los...es dui to exotic plant in;est2dms; 4). t& .. imp2cu of exotic plants c,,n endz.ngered species primarily due to habitat lc:ss and 'alteration (e.g., Cape Sable ~de ~&(.); 5)..the need to Fevent hafitat loss asx:l alteratid.n, by cbmpreber, sjve ' 'n'a. nagement for exouc pest pl~ts; 6). the sodcchonomic iml:nCtS of exotic pest plants (e.g., inc'r .aa.SM v. iid.qre inter.sit3, and rre uency'in Metde e)' .7). chanses in the seriousness of plants and to,indic:2te wkich are the'v,'oc~'~ probl.errts: an'd' 8). informing and .educating'reSOurce managers a~ut wh[ch'species'dese.rve to be monitored, and to help managers set Friorities for ' t'llana~:,TierlL ' ' -., :,.:: -: .' L'" '- ::"' ' "- "' '-. ' rely on t& ecor~vJe scheftO. q t~ probl~ ar~ ~a geogt~p~Je area covered, b~ ~ff ~rcve~ ca~.'nunit[ex. SPEC! F_.S .ANT) CON~,ON NAME . Abrus precatdrius (rosary pea) , Acacia auricul~orrrJs ( e~te~[ ArdLr,'a crerm2aza (=A. crer. ata) (cc~ ardi$ia) Ardisia elliptica (=A. humili$) (shcebuaon m'.disia) Asparagus deasfflorus (m,:paragus fern) Bischofiajavatfl'ca (bi~hofia) . . Brachiaria rrmtica (P'~ gr-a.ss) Calo£hyllu. m cak:M (=C. bwphyll~ of author~) (ma.st Ale.qar, drian lahn:l) Cas.ifa coluteoide~ (=Str.,,'.a £er. dula) (climbirlg cassia., Christm~ ~,,.~ia., Chr'istma~ senna) Caz~rfr. a equixefffolia (=C. litorta) (Amtr'alian pin. e) Cemtar/,-..a gk:uca (rocketing Austmliaa pine) Ceswum diurn, um (dayj~mine) C i r.,".~ rrm m u. m c arr~ h o r a ( ~rn p'rvor, trcei Colocazl. a ¢.,*culer.~a (taro) C, lu. bfina az:atica (lather I ~ezf') Cupc..niop.ri~ c.r~cv, rdloidt.~ (carror, vocd) Dioscorea b ~u!bifera (air-l:::~to) EichJ:ornia cra. r~ipe.r (v.'aur hyacinth) Eugenia urfifloi'a (Surina,,'n cherry) Ficuz rnicrocari>a (=F. tu'fida; =F. rttu~ var. ~'tNa) (laurel fig.) Hydm'lia vertfcil&,.a (hy.drilla) ' Hygroptu'ta t:mly~£¢rrna (green h)'gro) CAT'EC_KDR Y I4 ]8 [9 IlO 'i~6. l.p~ 12o 1.p22 FEB'.t 8 i997 H)vr[ermchne e~,.pte, dcauNs (West lndi~ ~anh ~s) lw~erata br~liemb (cogon g~s) (=ln~er~ o'lirdHca) l~ea ~a (n'aer spinach) ]~[num dic~to,~ (~[d C~t j~mi~c) Jesm[numflumir~rae ~mine) .. ~g~vum sineme (h~ge pfve0 ~ckra~ca (Ja~ h~eysuc~e) L)'godiumjapo~cum (Ja~ climbing fern) Lygodium microphvllum (Old W~d cljmNng fern) Me~le~a quir~uerz~ (melfleu~ br~-l~ ~r ~) 'Nephrolep~s c~r&folia'(~word fern) .... Oece~es ~ ~r~nd orch[~ P~&Ha f~ (skmnk P~lc~ repera (~o er~semm flu~urem (Napier P~'a ~ra~tes (water Ieee) ' Psidi~ g~'n (g~va) Paidi~ li~rak (=p. cmtlei~O (smw~' guava) Rk~dom)m~ to~nto$m (downy . ~o 3~tk~ea (=R. discolor) (oyste? plant) Sapium sebife~ (~ ~ee, Chin~ ~low tree) &c~o~ ~cc~ v~. uKcea (~. fmtescem; =S. seffcec) ' (~evol~ ~f-flower, ~ach mu~) $chinm terebin~foli~ (B ~li~ ~r) Solanum to~'~ (turkey ~.) Syo'gium cumini ~m~l~, Java plum) Te~ ~ (in~ ~rd fern) ~espesia ~pu&a (mide m~m) TrMesc~ffafl~ir~s (wNte-flower~ w~defing jew) t2.5 1.p26 132 I-P I40 I~2 l.p.a5 15o 152 : I 53 I 3a 'I-N 15.5 I .59 TOTAL CATEGORY I=60 Ii 6o II 63 ll-P 66 FEB 1' 8. 1,9o97 Ar)'$tas/a gangetica (Ganges primx~se) &va hd,'ff a m. rfe g a. t a (orchid tree) Broussoneffa pap>:Hfero (l:uper mull:errs..) Cdlisiafrasrara (inch plant, spironcma) Cas uw-b-~ c w'aff n g tv_~ ff w,.a (Au.,-trnJian pinc) Cereus ur. al. nwa (night-bloombg cereus) Co'ptoste g~a rm=d~$ascatqensi~ {rubber 'dr,e) Dalberg(a s~sc~ (Indian dalbergia, sissoo) Dfoscorea ~ (yam) Enterolob[u:n ¢oraort[sliquum (ear.pod tree) Elffprerm~, p;~atum cv. Aureum (~c~) Eucalyptus cwva=ldulerlsis (Murray red gum) Fic~ ahissin..a (fzls~ banyan) £icus benjamina (weeping fig) · : £icus religiosa (bo tr .~) F/ecou. rtia i.,'~ca (govembO plum) Fl~ggea ~qrosa (flueggea) ' .- Hibiscus ffliaceus (mahoe) H)ptcge beng,t.~lemis (hypta.ge) Jasmiaum swrd~c (A raNan jasmine) . Koelreu:eH~a elegc, r,s (golden shower tree) Le ac ce r. a le ucoc ep Ml~ (lead 15gustrum japorJcum (..lapane..~ privet) Idgustrum lucidum (Ckinese privet) Melitffs miwat~ora (molasses gr-',~) M err emi a tube'rosa (wood-rose) . .Murraya pavJculata (6range-jasmine) M)rioph)'llum spicatum (Eurasian v,'ater-milfoil) h'epl'a'olepis mulffjlora (Asian ,:word fern) Och~rosia pzrv~Jlora (=O. elliptica) (kopsia) P~.ederia cr~?~,_ffeae (sk"un.k vine, onion vine) PassijTorafoetida (stinking F:~sion-flower) ?inosporam £ emcv'.~Irum ( pi nos Fo r'u m) Pir:,OsForum tobira (Japanese pit~:,s.porum, pinosporum) RhyncheO'trum repens (Na~ grass) Sw'ae~'ieria hyec;ntho~des (=S. tfffc, sc;ata) (bowstrSng hemp) Solemum diphyllum (tv. in/ear' nightshade) S)'n goniu, m pcetophyllum (arrov. hem::l vine) S>':ygium jca'nbos (rose-apple) Ten~inalk= cc:~pa (trop4cal almond) T,¥bulus cisro[des (puncture vine) Ttif~h.c~'a t~ifoliaz~ (lime berry) Urer. a lobata (Caesar's weed) Wedetia tn'lob(z,a (v.'edelia) -. Wisteria sinens~s (Chinese wisterSa) TOTAL II ';'0 II 72 I1 ~5 II '76 II 77 11 78 II '~9 II ~0 Il s5 Il 86 II 8'7 II 92 II 94 II 9~ II 96 II.p97 Il 98 I1 99 II II Il I~ II 1o4 II ~o~ II 1o6 II II 11 ii2 TOTAL CATEGORY'I 17 / APP£NDE~ B Collier County Exotics Regulations and Ordinances FEB 1 8 ~997 FEB 1 8 1997 I I J FEB 1 8 1997 16G NO..~ FEB 1 8 1997 A~ E t't_.DA ITEM FEB 1 8 1997 APPENDD~ D EPTAB/Stafl' Inspections o£ Private Projects ~EB 1.8 1B~7 P~. ~ o o 0 0 ~. o 0 OO > o~ o O0 ~ ~mO 0 2: C~ el Z c~o Cos~. Prioritizatioa of Specific Recommendations 4 Specific Recommendations Which Reouire Little or No Additional Funding or Are Policy Initiatives Or'dm 1. Coordination of efforts wi..'th other entities working on inva. sive cxoti.cs. 2. Assist ~ny resem'Ch efforts th. to'ugh either direct contn'butions ofsufftim¢ or money, or th.rough 1:9. li!i.c.a.1 !.o.b.b)4ng .on .b.e~l.i'.of.oth.er .en.!i!i.es {ojng .r.e.s.e.a.r.ch. A bio-.c.on..tT0! .q~.r.a.n!ir.,~ f~.c. fliry is ~ .high pdoricy. enforcement. 3b. Improve the inspection system to achieve uniform and computer{zed tracking of ail inspect{ohs. (Already ad&cssed to sc,,'dor management). . 3c. Public inspection records need to be better organized and access~le to a]l. (Addressed to sen~or managcmc'nt). , 3d. Clarify and ensure that exotfcs management pla.r~ get incorporated into homeowners' associations charters when responsibilities arc transferred fi.om thc developer. 4a. Real estate value "exotics impact disclosure' should be included in all res1 estate transactions. 6c. Encourage melaleuca mulch on both pr{yarc and public landscaping projects. 11. Provide an Exotics Removal Fund Donation ]Box to check on all property, tax bills, to benefit education 2nd eradication. Specific Recommendations Which Reauire Moderate Budgetary Investment: 3e. Improve the currently non-e;dstent follow-up inspection process for code enforcement, utilizing bo;]' volunteers and stuff(also could be a larger investment, depending on percentage of volunteerism). · 4b. Produce and distribute a clear exotics information brochure. (Also'coordinate with other entities). 4c. Conduct exotics reduction tr~irfing sessions for all commercial nurser)' and landsca?ing operations ir, Collier County. This should also be coordinated with entities. 4d. Orientation sessions for all homeov, mers' associations and others resuming exotics man~emem respons~ilities. 4e. Eslablish an Exotics Con~'ol Hotline phone number to call for all businessds and residents. Coordinate th.is with EPPC and Cooperative Ex, erosion Service. 5. Utilize volunteer help in every ',,,-ay reasonable: county-ss[de exotics cleadng days, follow-up exotics code enforcement monitoring assistance, educational docents, etc. 6a. Subsidize landfill (mulching) tipping fees for exotics debris. 8. Actively seek funding sources for eradication efforts, including graters, solicitation of labor help from interns ~"',d volunteers, or other public funds. Specific Recommendations Which Reau{re More S{.~{ficant Budeeurv Investment: 3e. Improve follow-up inspection system for code enforcement efforts, using bot~ (budget depending on degree ofvol~teerism). FEB 1 8"1997 i I Offer local tax credits for volunI~ clearing and maintenance of pz,,,~te properD'. 6d. Consider requiring a percentage of exotics removal anytime a propi:rty chang~lhyds,~ll°ws?°r market incentives to remove). · I ~"~ I.., 6e. Consider adding the EPPC's 30 or so Category I lisl ofmost invasive plants to"~,e'C'bt~ty's ' prohibition list in the LDC. 6[ Establish a homeowner assistance program, especially for Golden C-'ate Estates, to help either financially or technically with exotics ~-emoval. Also, do not exempt such areas from exotics proN'bitiom. 7. Collier County must set the example of removing exotics on its o',,,a properties. 9. Adopt a specific exotics ordinanc~ I.o address problems implementing compreXe,"~ive control ofe×otics. Should avoid exemption, provide for incentives, ol:rdons, fle:dbility and and education to homeowners and businesses. 10. Re-establiskrnent of'the native plant communities should be given more ,,,,,eight in exotics removal policies throughout the County (such ~ in Clam Bay). I. S. pecific Recommendations Which May Best Be Cooperatively or Grant Funded: 1. Coordination. 2. Research assistance. 3e. Improvement of follow-up code enforcement inspection. Bf. Engag~ more personnel, both staffand volunteers, to allow for code enforcement monitoring. 4b. Exotics educational brochure. 4c. Exotics training sessions for nursery and landscape businesses. 4e. Exotics Control Hotline. 6e. Add EPPC's .30 Category I plants to Collier's proNbited list. 6f. Homeowner assistance program. 9. Adopt a specific exotics ordinance. 10. Re-establishment of the. former native plan{ community after exotics removal. FEB 1 8.19S7 Naplcs. [:lorlda \l:~rch; 199') LET IT BE KNOWN lhal Ibc Cl;ll~l B:l,..qub-conllnlllC¢ Of Ibc Pclic;m ga~ MS'I'BU ..Xdx.,uq, Co.lmillcc mci on I1., d:~lc :it 2 Ill) P.N1 al thc }lmmnock O;~k Ccnlcr. s9(,2 }t;mmlo~k O.~k D~xc. 5:.~1~Ic. ~ith Ibc follo~ lng In¢lllbcrs prcscnl: M. Die, Id Rocllig. Ch:lmn;m ,',.Ir. Ed~:lrd Grfffilh IAbscm) Mr. James Ci~rroll Dr. Alan \'i~rlc.x ,".Ir .Mac }{alchcr Mr. Lcslic Brow ALSO PRESENT: Approxmmtcly s¢~.-¢111¢~2II {17} Pelican B:l~ rcsidc,~s: Collier Comet? Colmm%';~o,cr Jmncs Carlcr. Mr. Todd Turrcll. Turrcll ,~ Associalcs: Mr Jamcs P. Wind. Pclic:~n B:~ Sc~ccs Dcp:mmc.t D~rccmr and ,".Irs. B..bara Sm~lh. Rccording Sccrct:lrS. AGENI)A ROI.I. ('Al.l. abscm. STATUS RISi'()I{'F ON ('ON'FI~ACTOII I'I~O(;RESS Mr Turrcll rcporlcd lJlill Gilt ~J 18 iiIldCB~;I) lllld lie ;Ir~ Immpmg Ttllj)lthl5 IiiOllllllllll~ il;iS bec. do.c and ~xc :.c xxHJml ~l:.ltl;l~ds Thc co.lr:~clOt ~s ,nobds/cd also ft~r C.t :~4 :md lie Is.l~ U~t)c tull finish on .mc :llld (m bud...:¢l Mr Turrcll ¢Ollml.cd Ih.~l Ibc or~lll:ll I}crlnll said th:Il ~l~l~{~q:ll .m Iht bc.~.h ~xollld bcm ;l~c:~ O[IIOII-II;IIINC %C~CJ;lllOll [~'cJJ IIO SIICh cnllcr cMMcd ot~l there Thor: Ih ~OltlC plllC ;llltJ B~.s/~l~.,n I'cppc~ bill ilol .carl) Cllo.~h Io d~ .i ~polJ mclhod Wc proceeded Io gel lb,Il ~oJxcd wi.ch b.umhl .p Iht ~q~llc Rcprcscnialivcs Ih:~l lcd Io a ~rnllt I'roln US Fish :lnd Wddhfc which xxc h;id m J:.m:.5 'Fhcn llH'ough ;~ ~rics of cvcnls. Ihcy qucsl~oncd Iht scope o[Ihc original pcrmil lhc5 g:~vc us and smd thc5 h:~c Io gixc CLAM BAh' SUB-COMMI'I'I'EE,/PELICAN BAh' MSTBU ADVISORY COMMI'FI'I:'E MARCll 'L Iv'y~ front US Fish and Wlldhfe Ih:~l file fin:il I.:tl,:r IS on ~ts ~a) :md all ~s ~cll 'lh:~t lm~ bccn JILL' iil(l~J word from US F~sh ;llld Wddlifc IO procccd x~ith IbC ~J}oIJ COltSldCrJllg from 1herr shH1CC Ihcx considered Il g~d chronoJn~> ol'x~hal Is Df VilrJCx $1;llCd IJl;ll Jlc. Mr k¥;lliJ ;Ilia ('LqllllllSSlOllCf Mr Tttrrcll ~l;llCd Ih;Il lite Colllr;iclor h:ld ~I;IIC(I ih:ii hc x~oHJd b; ~xor~ Jl~' ~ .P,.' h,.,ur~ .~ ~l:~ ~'~ ~lc ~lJJ J)~ IJlCr~ lo co~¢r Ih:il .Ilia ;IS~ll[~ Ih;il ~,llC NIl TllrlclJ ~Cl)Jicd Ih;il hR iff eoln~ Ills xv;Iv OIIJ oflhc cJl;lllll~J ;llld Ibc I~nal o:1 ~ Iht IJlo R0glSlg Excr)bod) Should bc hapl}) ;IbOlll Ih,Il Nlr Roclhg ;l~kc(I il'x~c x~crc st~ll I~Ulling ~;llid Oil Iht norlh ~l(Ic of lilt j),l~" 2(, CLAM BAY SUIt-CO.~,INIH-FEE;'PELICAN BAh' N1STBU ADVISORY £'O\IMH-I N1ARCll 3. 1999 come up ~s~lh lh~S bc:~ch d~spo~sl ~ilC ~hcrc x~c have IO pt~l gopher fcncm~ s~il areas so Ih;il thc tel<;~ted lOflOiSCs do ilol ~;llldCr back inlo the spod ;~rc:s Wc [l:txc lo 1]111 ~OIIIC pa~d for ~t ton ;llld ;IrC IIiCOlCl:~:sllx ~,n ~.hc.hdc illll:;ll dtlc (llh~Ct~c o]1 Ibc Slit Al~d xx dl come b;tck ~x slh ;i [CCOllllll~lld,lllOll SEA GATE (TI.VEl{TS Dr. V;irlc) cxpl:imcd Ih.it %~¢ ;l~Fccd ilOl lo do Ih.~t during NIt Turrcll rcphcd Ih;Il Ibc I~m~t~E ~S such Ih;Il X~C I~;~sC IO ecl riSC dcs~ttl xxotL d,~c ~.~xs so Ih,il CLAM BAY SI.'I~,-( NIARCIt 3. 19')9 16 G G ROI'NI}IIlIE.~,KIN(; CEREMONY ;u~51hmg furlhcr Il;id b~cn dc, nc ~flh Ih:fl CC[RIIIOII~ 'J'Jhll ~OllJd bC SP ECl,& l, ~'l'J' I) I Nit RoclhB asked Ih~ g~alu~ of lJlC sj~e~:;sl ~llldl~S Ih,il ,irc lJlcy ~lJJ J)R IIIO~RO JO :llJuJJl~[ ;l[Cll Ih,il I~ piti ~q' IJIC xDhJl~ Ibc origln;fl sc~p~ .md J)lld~l ,il lhls gOlllg [o JliJ~ :1 J~le J)lO~ll IJilld~ ~l(J~ dtlllllL~ lJl~ s~;l~oll I tJotl CLAM BAh' SUp,.£'¢)MMI'I'H~E PEt.ICAN BAh' \ISTBt' .\D','IS(W,Y t'~Y,l\ll'['l I I' MARClt 3. IV99 Dr \'.lflz~ ;,_~kcd if .M~ locusts x~.ls going IO bc using cxplosnos: Nit Tut ~011 icplscd nn. c~c~lhmg would ~ (hm by hand l),'. Vn,'It? nm, cd. :cclindcd Il}' Mr. Car,',,ll and i~ G I..~__H-) I. N !) B i{ i.L s, K I n; (; CEREMONY Mr RocllI.'-' rcpor1:~.! Ih;Il IsO had Lllkcd of ;I L'rOlllldb[c,d~,ul~ ~.[.[lIllI:,~ ..IllI~l ,iUd nnyilung IlurIhCr IL;Id bc¢[1 done '~s iIh Ihal ide:l ' Mr W:ud rcphcd Ih,il 1:c xsould ~¢I Ih:t1 up I)r 's';illcx a~k.d :I' il would llOl ccrcLnon.~, Thai v,O:LId I',C appropr::ll¢ SPEC. IAI, .N'IT I)11-:~ Sir Roclhg asked lh¢ Sl:llllS of Ibc spccl:ll similes lhal afc [Cqulro, t Mr ']'ulf,:ll rcphcd Ih.it xx¢ .1~¢ .,:ollcclln~ Ibc d.lhl Thc ,.,olr ,our,,,: Il.u, applied lb[ pctmu,, horizOlll;ll wells 1o lrrigal,: thc ,2Oil cours,; Th,l! I% Cx:lu;II) ~.,,h;II FDFP v,;l', x~.~llluse I'chc;m s~hlch v, as 1o tp. to t,~:i ,omc of tls.il i'£u.:ll:'...ltCf iccx~.l,.'d V,,¢ ,11( ~Olll:' i:.1 If\ stork filial nlcorl)oI:llc IIl;l[ iltlO Ibc nlil~Jl,;', I]~;,,IdCS ih;It lh~ lid,.' ~;IL'C', .IUd :!,],ioxcIt lhcy ,.till bc nlO~,¢d Io ;tnolhcr ;Irc;t th;Il I~; p:m of thc ,,llldl¢~ ~sV,z .is,.' ~:l~,X :i:z ,dsc.sd \Vt lite ori2111;ll scope ;llld bud,'ct at this i)OUll Df \'.lrlCs si;lied Ih.it ilicr,.' ;is ;lI,~o :] I)lUPO',.ll IO u,,c ~x;llO oul c,l II~c I IICk Mr. TtlrllclI rcphcd th,il Ill,: problcul is ~llCn sou nl;lll (.tr;I,,Atll}.: ','~,dcr oHI t)l' Iht~;,C I:lkc~ ~,011 gOIllg lO h;PsC 11 I'q'-' IlfOS~II Illlld~b. qd¢ (.hlTIIIIZ Ih0 ~.0;1~4oI1 I thpll'l 5cC Ih,Il ,1% ,I Thc 1.31cfal v~¢lls nr. lk¢ ,.cns¢ and Ilt¢) ha'~c A,,noh. Bad,cs ,~: Brimda,'c :iud .M~ss~mcr ;ind ],'4 CLAM BAY SUP,-C©.xI~IUI~'EE,~PELICAN BAY ~ISTBU ADVISOR'f. CO.XI?,IFFI'E~! MARCI! ~. 199..) 4 ~s'ork on lho~ l~rm~Is. Th~' dal;l Ihal comes oil! oflhnl ~il ~ pul rolo ~o,r Slu~ Io lake sllo~ lhcm Ih;il Iht Pchc;,~ [];l~ commu,n~ ;~ .~ x~ h~lc ;Irc k~kmg ;il II~c~c I~lX'S of II,.p, Dr Varlcv sl;llcd Ih;ii ;111 a~ful lol ~s;is iIi;id~ of the Y.ird ;llld Nc.dd~mlsood I'.)Cr:.. CoIl~Cn';sncx (,n lll,~l pto?f;Hn ' Nlr. T. Irctl rcplicd Ih;il ~l~ Cl~ Essex o[ his ~rlll ii~d lo I~ ;Il Iht ('on~clx;.,cx AI).IOItl{N Thor: bcme .o fm'lhcr btlSl.CSs. Iht mCcln~ ;rd. lo. rncd ;~1 2 ~ J' ~.I Florida LET IT Bi-'. I(N()V','N. th:st the I.onsz SISTBL; .,\dxi.~o~', Corn:nitre,.' held a Public tlearin~ on this date Foundati~.m Comer. 8902 I lammt~ck Oak l)rive. Naples present Nlr Gcor,,c \Verm:'r Nit Glen i tarrell .X Ir Toni 1½rot,. n I ..\b sent) CL'JlIIIllI.',SIOllL.'F JitlllU~, (',11 [,,..'I \Ir I lcnrv Xlr l.ou ,.~,I,S() I'I,tI'~.qI{NT Al.?r~ximatcl'v one ht~nthcd ¢is21stx' six and Nits lt~rbar;~ .qmith. Recording .qccrctary AG |.;N Roll Call - Public comment ru.,.zitrdtn,.! thc xvidc, nin~ ol'a I)omitm oFlhc berm x~ h~ch r[~, :: ~,n~ 'l'hc Corem\ms l):uk. X~)ah to ils [crm~m~s al Pelican Bas l~oulc'.ard tnc,.t :,, '~"' ll;~,, Colony S:~tcq l'~:lilcr) I :\ctiourn R()i.i. ('.\1.1.: .".Ir' Wurner called the Public I lcurm~ to t~r¢l{:r and a.-,kcd that thc Nlcssrs Tom Brox,,n and \Villiam Morm_uhan PI:IlI.lf~ ('().',ISII.~NT I~,I".(;:\1~,1)IN(; Till". \\'II)I.~NIN(; ()1: ..\ I'()I),TI()N ()1.' TIIr~ !11.~1~,~I \VliI('II I~,I'N.q FR().~I '1'!11.~ C().x. 151ONS I',.\1~,1<. N()ICI'll '1'(} IT:; "l'l.'.l,tSIINt:.q :\T I'I.~I,I('.\N II.\h' ii()t'l.r'.vAl~,l) tNI'~XT T() Till: .q:\ I.ES 'I' i,t:\ I I .i.~l~,) Mr \\'erncr exl~tained tl~¢ purpose of thc Public l leafing It is not thc purpose ~d' lhe Adx'isorv Committee asku'd us to Jot~k into widening thc bcl'm allcJ I'Ci~Olt bnck to PELICAN B.\Y \IS IIIL,I.(). G It. AN(il! St!I~-¢'O\I\IIT'I'F.I'. MARC'it i- l-,,,'J IfC were thcrc an~. v~{id reasons to widen thc berm. cnn x~c do financ~all~ .mi Ibtff!h. do 111~ ~iIiZ~'HS dHd rcs{tiaras of physically xktdeuctl, lhai it x~;15 limmci;filv ' ' ' he .... a~ld lllOl!ex 1o :ll3>c ;1 COllCO[)l IJKII OtH' k'OlllllltlllilV docs IlOI 2.1 PEI.ICAN B:\'f \lb'l'l'A/~ I.{)NG I~,.-\N(~F. SUI½.COX1.'xlI'! TI-'.I( *IARCtl 17. t'~'m 1LG 4 OVer ~111 issue Jn his shofl phone call~ ,.shich aa,c beell received berm. I ~'ant lo inject that into ~l~e PuhJic Record today amt that I am uoin,2 ~m record. thai ! am m)l in lhvor ot'x~idcnin,2 thc berm hcarinu and ~ccin'2 XIr XXc ~crcallcd like it bclbre thc l)ublic had been previou,lv j)rcscntcd tile Nlcmorandum l':'om these Xlimnes} Nit Wcmer asked tJlill while the prescnt:nion PELICAN B..\Y \ISTBt//I.ONG IL.\N(JF. S['P,-('()XIX. IITTliti MARCII 17. %1~ l~l,mchc is ,:()i:i'~ t~ ,peak cJiminatc thc u>c of hc,Jdphonc,,, v, hich spe,.'d of lJlc IF,lIB', .lilt] j'arltctlJ,H x ,.'xccs.,,lxc ,it lie:c> I'hc~ cou!,l bc ,1,. '..c,i .l~,.:t] Ilcl[., ,: :',. ,.:c..,,,:',.i ',~- t~,.!c mandatory and hours Ibr rtdlurbJadcr~ acd bicvcJe5 cot[id i~c m,.::::,,rct! ,,.:uc ht,v. ami maybe 11oI ::Jl,,x~cd during )oak tls;l~C Ii'C:'C :UC ma:~', ',:ct'- :h,:: ~,::; l:c :,~[,c:~ [,cf,,c '.~c tJlilt ;[UI'CC ',xllil timt ami I i:,J',c in,[dc ,: . l'" I',,~ i:=~. ('t.?~:=:;,'¢z...' J ,i,, ii...z. ,: ;,~,~.c :,, illark "For" illld "()pt)o>cd" ,t!ltJ I did hals c o;Ic IiCI 5011 [hal i> t},; i ilo '.', idc~:ti~: obviouM', illlpui'l.l:lt J do like thc atnJt.,phc~c J;c:c ,,1' thc ,'::,.Il .,,inn:L;=;:~x. ,l[i}i,,tlC~ PELIC..\N B.-\~' \IS'I'IIL'.'I.ONG RAN(ii! SUII-('OXI\II'ITI~I' turn it into a .[~ccdx~ay The other issue I s:t~ iu the picture other, that ~l~ot:Id tlOt be a i~roblem for someone on a bicycle x'OIlllllg ~:ii o~:::c but ~hotlld llOl I~c l}lal Illtlch over a i~u~it~d NI~' J~m (}a~c - It ~s qt~ilc cxidc~l Ihat lhe ('OlllIlllIICC looked care~i~it', at this project and I think everyone in thi, ~',,,,m ,,,.ill ,~,:~t,~. ,.~itl~ vt,uT COnCept ,~bOtll impro~in~ the sat,.tv I do not think thc~c next to ,ne and I c;mnot ti~ke credil Ibr ~t. is it could a call It ;fl['ea,i~ [~as exer~thin~ they need ,)n it l:inallx, it i. iml~)~tlmt I;)~' I}q,~c t~l' tls BAY %IS r{,,t. I.(.~N(.i R.\\(ili NtjB.¢'()\i\I[I Il I !?. I~;'''' Xh- ~V¢~ncr ~up.ic., th;~t pa~l; i, ,t tun iBot ~; ,-o,-..,'.: v.c c Thc Ih'c,idcnt ~d'lhc SI Accidents v, oul,t conlil;tiu :o hallt~Cl~ ~m thc bo, tdx~,~ik if:l~c', v, ctc ,l~tcd r,, h,~ppcn I PELICAN Ii.-\Y \l.~'l'P,t.' [.ONG R. ANGI-~ SI:B.CO.~I.MITTF. F. ,16~ 4 nol ch~n~c Iflhcv do lhcv ~vill increase. Ihcv ~iIl nm ,? P[:I,IC:\N 1½.,\h' \IS'I'ISt' lo()NG R.\N(it( .,qt'[~-c'()5.1\ll lTl t.. MARCI ! 17. I';';:; 50%, u. hich is t:tr fi'om ir;vial The t~the~ aspect that ,.truck inc ,,inc¢I am aI~ cI~gluu'cl b,, background, i~ lhat 30 and 4u per hour. scarcely a high x'olumc of trat'tSc tm a Ich foot rt~adx~ it', bicycle rider and t~,,e the b~.'i"lll ;! gtc:ti dr'all I ti.nc it {~t.'[l oll illv h;1..c ,l!ld ha,.c !lt'xt.'l -,ct't: seeing a t~:~m dM nut m{,,e to thc riuht .md I as-t~:::,: thc'. v. tll ,t~il d~, :! I ; .......,', ':'.'. Jla\'c Ilt",c.'T I'VCll threatened tin I~,1% bicx'cJc b\' all\ Jif. IV',2 Sl2ell 110 d:lllt2t'l" tit' collision or side n~\~l'fing I haxc -,cch c,,cc<,ixc particui:u'l\' ti\ ~hc ~,111,1JJcr x't.'JlicJc5 I tl~nk thc ~mp:!cI t,l' lilt k'hdll~k' 'Alii .~ls Sail\ Ferl';.to - i hav,¢ .just rcccmlv conic d~.}v, I1 hcrc lo -q',cm.J a -,c3:,on success tlox~n ',ti that herin" I think it ~,, xc~\' Itr.,,..l', I tla,.c l,~,~M.'d ll:ttm,__,h thc lie fact that Itlcv arc ~t.'tti:tg aside l,rCsCrXCS Thc\ ;t~c Ica', in~ nat~u'c ah,nc and Iht '"5 With ;llltllhcl' problem such ils the lll[lllgl"t~xcs ()IIO olhcr point ()Il d lllOI'C practical nc:c. PE[oI('.~,~ B .\Y \15'!'[~,~' I.¢)~G I( \N('il! %L'[3-CO.NINIITTliI': this ','car unpopular project for next year bicyclists ,_,ct :tloll~ vel', nicely J t[O!l'l ~-,11~D'2. '.',.il\' ','.c '~'.i1111 tO J?JAI1 I0 5J')t.'lltJ ;A IllllllJlltllll ,.~t'$]{lt).lI® OI} 5tlCJl I tL'cl the lrmn drix'cr~, thc ILollcrhladcrs' a,d tl~c I haxe walked il]id I haxe been on the lrill~lS Bicycles have bclls, i)eop[e .,;iix' "{)Il xotir Icl't" a,; Ihcv COlllt2 by, tram dri\,.'rs >top and let eact~ other '_,~ bv I do 110! ~ee this as a major concern al'~d I do co~lcur that thc trll.qglllglll ;.Il tilt..' chcckl':t~llll ,;k't.'lll'~ lt.} Jlt2 tltlllt.' ,Ill ;Idcqtliltc i:Ik';; ',',]P,.'IL' I!1C vehicles could ,~l~cr'atc \1, ('lal~c I)c,ilxcr' - i.',,.qtB2. ;Ibutlt thc ,.'t~,t oI' lilt' J)l't.'.,,,,.'lll.t!.iOll 't~.Jlt'll xt, t2 Jlil\c 11o IIlt~llt,:', ill r¢~:irdinu dc!Sblil!a:itm I think :'.c h:t,.e all .sccrl on td,.:xi,i~,n that small detibrillator.,, xxhicix arc uoilm to be di_,,tributed x~idt.'tv and in ;ill police · v.'c really dr) m,t hax c ;~ problem \Vt could ha,.e them ;It Iht: rcsti,.ural~l.., \Ve could have crash c:ut L)fcour,,c thc Ich I'c, ot x~iclc ri,.zht-{)l:xxa', that klloxv th:it ill ca~,c o!' ,;t:riot,s c~m.'r,.2cllcic.s lhcre :tie hclict~ptc~, illld it' the berm ilar, a bt]ich oulr, i,ic I:of tho,c i:ct,plc ',xi~t) :,,i.,h .'.,~ '.,,.:dk .t~:;i :~ccd lo pause momc:~ta:'il',, thct'c att l'~cncl'~,.'.., Thc i,.Jc,~ of 2cttiq.2 oft' ,i llillll it) ',11 till A I"cnch is t'al]i~cious, because \ ou ,~: ill me\ cr ,_,ct allothcr sc:il oil il ti-lUll to ,2ct back I~ELIC:\N BAY \ISTBL'/I.OXG }lil%'t2 drl2 jtl,,t [lk'llP,.'l!dC, l.l> ;tIl(.i ',".C Flor.',! ll'l,;lc t~l' Il;cf'Il [ ~Jlll[ %~.' ',',dill \Vt ',.',dill i{.JU'tllllX ,!I~.d ,..J~,t:,t,.t;.'I ]lcr'c .~ll,.! :,!u'_ -..' . . :..'! (' (' l.ct:[I,~nc [:,xcrxlhm,_, I h',v,i ~:~ ,,p,' ha-; ~hc;~.!'. ~'~.~'~ .... arc ...._oi:,_~', trat~c kcc,:Li.sc pcop!c casnm~l find .: pl.x'c :. i';:~ k \Ir CO,lifo[ I Jl'd,l XIr Iq:,I.ICAN B.%Y \ISTBI I.(,)NG l,k:\N(il-. .SL'[:;-C()\I\II'I"I I".F. just incrca:,c mo:'c ,,pucd cm th,z b,:rm and pt)s:,,ibJ'? c;lus¢ rm,lc ~tccid,:ut,; \\'t~at that elin',in.m.'., part ufth,: hlr \%.~ncr a.,kcd Xlr (;old.~tcin [t~ Cxl~lain ~hm hc m~,l:ll h; .t I thc Jr;Jill Nlr \\'urt~cr :'el,lied cvrt:tinl', \Ir Vl.lnllt) cxpJ;iillCd Ih;ti lllu' ptt,p,..al v.,~ to xsidcn thc hcim PELICAN ~IARCll I ,"'. the beautilhl b,:rm ~itc and .a i~at vuu ,ct.' a, ~ou ~ifik :tlt,lU i; Iix.. ,,hi', ,..,~;!t~c:~t, ',iix: adopt speed limns and IIU. IVDg |Ilcv h;l';',: ,lJlvaiJ'~, btlt iii Illall,, ca-c. :ilo', ,_',, :..:,) l'.l,d I ,k',.' no reason v.h'. i;icxclc,, ,hculd bc ¢liminillcd l¥om th'~ h,::n~ .:,~ onu, a, thc Ca{)ilCiD, i> ::~:t t.'x~vc,!cd l! -,~:;.'I~', i~ ',:~c tilat ,l~, U1;H~,, t~111~.'..;- I : ' " . :il:.' 4. , ,, .:'::, ,,,i'.:~:i I-. concerti ,:l,~,'.;, ,a,,.t, I ,hink ~t ha, hct. n hhn'.n t,t~t ':' '~ 'llllprofi.~,,:: .:~:.: =~' I ,,:c:¢ .,,bio lit [ ~,.o.,.J ..,t;lu' ;,__z, ain.,t '.,.id~':::::_ ::'.~' ~ , , i},.,.. ,,, .,,..., ' ,' ,'vi'. !,~t: SUppOl'l ~idc~i~;'_-' Ibc bc~?,~ I'he tram, :nc ,_,o~n,_' It,,, Ia,: I I.~.:~. :, :~,, .~,..;;,.n ,.,.,. ';, , l)liVClof ,)',' [{;t',ilOlllllt:lllJ. l I' ' ' '.; ,,:~ ,I,. Mr ltamcl. I lhink XOtl did a scrv ~tmd .ob on the prcncutalitm PELICAN HAY \I~,TI,'I.:;IA)×G .%IARCit 17. I relative to bcen pushi,~,__, pay tbr th,s exotic removal .Xlr Those of volt that [1~l',c bccn t..) thc llluvllll~:, I haxc ~t:~.tcd that I thinL thc dc,.clol,cl .Xlc(';irthv slated h i% relatixc ~o thc !,c~m ami ,~,l,.cd ii' ~hv ,~t:J~cm.'c ',',,~:~t~.',! behind Cr,,'.,. ~ Nh' Wc~:;c~ a~l, cd Xlrs know lh;ll l"t,.. ,'l'[h,~',~: ,~.',..'idcnt, lllld VOI. I all I, nox: x,.hi,.'t~ :,.'ill d i..,,cu.,,; llOl l)ulicx,., lh~..: c ~s :t -dl.,.:l'. Mall. IS oI' lh~ i)EI.I('.-\",; I~..\Y \ISTBt' l.()",O IL.\.";(-}I~ SUB.('OXI\II'I TI!Ii 17. 1'~,)9 4 renloval xxas oxer For lhose ol'you ~ho i~ere worried about lilt)sc t~ictt~io, tl is that intelllionall,,' \\'e did ~1ol '~.iIII! D u. it,,le ~'Otll' ItlOllU~, ;ill~.t ] ~iJJ COllliIltB2 It: \t,lc ;lUillllSI tixin,, it until tile exotics are remox'ed the Fire ('hiel' ,,aid lo ('Olnmissioltel' (':,,~'ler al lite Board lo listen it) Iht.~n It is not Iht faull or'the bicyclists Bicvcli,,t, ,h~,,~ld t~a'.~' !',..'ii-, I ~idc subject, this i, I~cillg I,l,,u~hl ti)ill il before anyone else thai it tlid ilol Seelll ;IS lhot{,,h the last i,,~elll~ ,,'car., ~c ha\e had much ,'xlAI{CI{ I'~ I" %I.'I~-i'(~XI\ll'{'I} I of ti~e Pr:.I.ICAN B.-\Y \ISTBU IA)XG RANGE SUB.('OxlxIITTF. I: MARCI! 17. lu,)o 4 nil have to l,c !ookc.! at into more depth and dc. tail t,nce the project x,.a~ .~,Orccd to and x~c llOl llcar that position is lodax aticr listening to all ol'thc>c people" PELICAN I~..\Y \I.$'TBI I.()NG I~..\XGI! .,il'll-('O\l\llT'l l!Ii M:\RCli !:. 1',': ' E',cr'~t,nc :l: :.!;:- ri.c,:': ,!t,c:, ,:}?F,~rc:ltl', COllllllUllli~.. Il II1:1\ llt)t \Is l~crgcr ' o Nit XVcr,:cr rep!lcd the PELICAN MARC:I! 17. Do %'ou repfc$cl~t tis') Nit \\'crncr replied that he ~ould cxpccl that ~ve cio Nir~ Bcmcr asked that it'xou do. would you lhcn plca~c rcprc,cn~ u, Nlr [,ch Nlincs -- Would vt)u mind il'l cii~ectcct a question to Nlrs I.t,ld' Nlr ~Vcrncr asked Ih:ti lhu question bc di,'cctcd to this fiub-cummmcc Nh Nlinc~ " ' tx~x~ thc cx~>l~nu people nominated bx Ibc I~o:uJ :~c ;n :',t',,.~ ,~1' in f;ivor or'the x~iclcnhm ) lt.~t ii qtlCSliOII ,tlld ,lll'~V. Cl II.l>,i __,\C ~15 opinion plca~,c .Xlr .Xlin,.'.,, slated lhill h~.' (]ticStioll.'4 x~l~cthu'r you arc ru'l~rc.',cnl~n~ Nh' \\'CFI'ICF 4, Iatt2d fha! .~11'.':, \Ic(':u'thv ha., alrcad,, PELICAN MARCtt I 1,f: 4 Mr be quiet \\'c:nc:' replied that pelCelll,'l[IC of .~i',; ;,C¢i,Jclll';. !bloc ,,c,zidc::t., an,l Ihr,,:c l;c.:: .,,.,.:dc:ti- Il -, al,' \\crncr explained th:il Co:n:ni.,~,i~mcr C.::Ic: a,i.,cJ :::c :,: ,.l.:~if', th.ti v.c v. iH wJlethcr or Iici x:c v, ill bc r,..commc:~din'-' lift- :o thc \dxi,,,r,. (',,::~mi;l,.'c l'!'..:: as v. cl! we miuht ,Lmu'c,t il' \'Or, ;Irc thinki,2 .:{',out it Illarje to dale f,.u ..,al'ct\ l~l..,t ;.,lid It", ~.tlOqC l]r.,t l'hc~l l[' till', ['C~,.',lll,.'% ,Ill I-,',LI'C },l{Cl'. but x\'hv not try thc othc:' I'EI.IC:\N B-\\' \I.~Ti3I"I.()XG IC.\NGI'~ SUB.CO.XI.~II'I"I'IiI! ~iARCll 17. Ivv'; .... ].(,G 4 inpul. It is no: ;i t~mc ,,~hcre ,.Ye will make a decision, no more fi~an thc ('~,mmi'~ioncrx on Fricla~"s Wtnkshop on density and a resolution xxith Ihe DCA ~xill mal, c we have the meeting on April 21xxe will again all ~hare '.~hat v.c hcill'd YOU ICll ti5 this afternoon ,o that v.c can take il back lo the XIS'I'I3t,' That ~5 i> o~c-, It process and sou may get ti'tlslrillcd with it. but it is the riehl process x~hc~c AI).I()I'RN ......... ~-ii:- (ict, r,_-'c \\'el ncr. t'ha~rnl:ln PELICAN BAY FOUNDATION, INC. 6251 Pelican Bay Blvd. Naples, FL 34108 MEMORANDUM TO: Henr3.' E. Hamcl Jr. FROM: Brad Estes RE: Widening of North Berm DATE: FebruaD' 15, 1999 _ .................................. It is my understanding that the MSTBU's Long-Range Planning Committee is considering d~c widening ofthe North Berm. This is badly needed. As were many of thc facilities in l'ctican Bay, the North Berm ,,,,'as adequate in the earlier )'ears but as build out has occurred, it has bccn very crowded and unsafe. In terms of complaints we receive from our members, safety on the berm is among the ffcqucnt ones. This is prior to the 700 condominium units planned for the North Berm between the Commons and Bay Colony. Safety--One of the major issues which we constantly face is how to safely transport .100.000 passengers each .,,,ear on the berm with three tram stations and ten trams daily. Thc Foundation's North Beach tram traffic will at times peaking to 4000 passengers and aS0 tram trips in a single day. There are another 160.000 North Berm uses each year by walkers, bicyclists and roller bladders which includes at least 6,000 uses daily during the season. The safety issues include: 1. Adequate Width for Trams--Despite what might have been said. thc berm is not wide enough for two trams to pass safely. It is 10 t'ect. Trams arc four feet. Allowing for six inches from the outsider side. that only provides one foot between the two trams. An)' arm, leg or object will be struck bv a passing tram. It is something about which tram drivers constantly caution passcngers but this condition consistently presents a danger. 2.. Adequate Width for Bicycles, Roller Bladders and Pedestrians--The berm also needs to be widened so trams, bicycles and roller bladders have adequate room to safely pass one anOthcr. This would provide room for an.',' slight change oF direction taken by'an unsuspecting pedestr/an, bicyclist or roller bladder being overtaken. This is the veD' serious condition that could result in majc~r injuries and even a death. Emergency Response--Widening the berm would make it wide enough for emergency vehicles to respond directly to berm emergencies versus being transferred and transported by a tram. 1. If the berm were widened, this would decrease thc response time for emergency vehicles for incidents on the berm. 2. All equipment being carried on the vehicle would be available for the emergency versus being limited to what can be transported on a tram. In conclusion, I urge the widening ofthe berm to 14 feet to: 1. Enhance safety 2. Provide adeqt~ate width For high-volume tram traffic 3. Facilitate quicker emergency response 4, Make walking and bicycling more enjoyable. xc: Alan Varley George Wemer Jim Ward St. t,aurent Condorninium Association inc. 6849 Grenadier Boulevard Naples FL 34108 Tel. 941-592-1951 March 16. 1999 Collier County Government Pelican Bay Service DMsion 3301 Tamiami Trail East Naples Florida 34112 Attn: AdvisoD' Committee for Pelican Bay MSTBU Tile Board of Directors of St. Laurent Condominium: representing 107 tlllil in Pelican Bay, has unanimously agreed to oppose the widening of tile berm road being considered by tile Long Range Planning Subcommittee. There was no evidence presented at the last meeting of your Committee that widening ofthe berm would pro`.4de any tangible benefits to the Pelican Bay residents. Major disadvantages are: a sigmificant cost to the taxpayers, negative ,,4sual impact of tile v,'ider road on the adjoining properties, and serious effect on wild life during construction. Resuffacing of tile road may be necessar2:' due to tile \year during tile past several years and damage caused b('. construction actMties and exotic vegetation removal. This ~'pe of road maintenance has been successfully executed in the berm segment leading south of the Commons and could be done for the northern section. We strongly recommend that any future work on the berm be limited to the needed repairs and resuffacing without an,,' consideration of expansion. .. Respectfully, .-.V.A. Suziedelis President 4 Pllf)NF. ('.XI.I.S RF.(.'I-'.IVISI) IIY Tilt: I,i:.i.IC.",N II:',Y SI:.IO, q('IL~ DI\'ISIf)Tx V~ IDENING OPP()S'I ION J[mc D;tx'Js. St. Pierre Pal Johnso,. St. L;mr:ml Tom D.~v~s. SI. Picrrc Slab Farb. Willow brook Mag Rob~. SI. Pscrr~ Kinlcy Roby. St lhcrrc Dorodly t. iu. Clandgc Cnrla G n:x c. SIr;sllbrd John Foslcr. ~l Pl~r~ Janc Defiflco. Vtll. I Brcli DcDubc. SI, Maaslafi~ No, ri. SI lhcnc Louis Nl~crs. St Plcrlc N;mcyl(ancock. SI [hcrrc LindaLcfcb~e. Si P~crrc Adclaidc SI l.:,xx,cn.c. St NlCOlc [.C~ 11011. C;II;IIS IOC Fcklslc nt John Frcs~ oki. NFN1 Jim Nelson. Pebble Croci. Rim Wcsl. Clandgc NVM Bill Griffin. Oakmonl Eugene Sohn. Clandgc Sikcr. Cl:mdgc M/M Don Gardner. St M/M Cr:ugme) ct. Grccmrcc M,M SSdnc} Kal/. l.:mrcl Oak. Roll:fid Dlol so. M/M Bow m:m. Las Jane S~o,>. Claml=c Wdl~:,u Ilcnmg. Gio~x clmr Charles Dim;re. Thc Mrs W;me. Coronado I:m Treckcr M/M Robert C:~lthx ell. ( l:mttge Simon. SI t.a.rcnl Esa KarLoski Cololl;IdO MaO Bucalo. St Ihcrrc Joe KUru. San Malmo Cl:,rc Krclgcr. SI VonG)crk. St Plcn'c M/M Da~ ~cl Fullmd ('h;llc.mmcrc M/M llc,chhng. Nls Volpe. SI N~cole Dons Wmfrcx. Si Nscolc B,|rbara ,'..lc(';lrlh.x. St Dr B,trctta. St NVM Do.aldso,. St %icolc Wdm;~ Siclo[ SI. N~colc Clmrles Fch~o~. 51 'rarbtdlon. G::md gal/er. V;dcncsa Job, Musch. Nan5 K;llislult;m. 5l I'~crrc SI.cia Malone. V;iL'n DuMrs SI;lille> It.,rt~. Fred Blall. ~';llc[~Chl Donq Gcndchn:m Cl:,ndgc Dr/M Friedman, Alan I)a.:sl. S1 Sp,/cr. St Trope/ Glcmhn. ~[C~gll IIOIll~lClII (lit S~WIIOI' PilIrlcI;I MClXllcr- Kc!Ic~ Godsc~ Slmlcx G~dscs. John V;~nGcldcr. Dr Stol;ir. Itcrtm M/M Mullcr. Sir:.ford M M L;luflm N1 N1 JacL 17,tbt;m ~t ~urcl~.St Ntcolc Xl X1 Carl lIe,s. M/M Pal Reit/. 3.1 X1 Robert XI XI l~Olr, fld X~,'hcIlo~ Mmcn. St lhc~rc Xl,lcn~chol. 51;~B AlldCl so~L I'oSlOll. l.;n.cl (),sk~ Scsclcl. San Mar,no Xl;,'lc K;irrh ql %t.'clc Wflhilnt ZucL. SI NI,OIc lit;,ne Docklcrl,;lu, M'M W0x g;mcll. M/M LaLon~. J~rotll~ Hat1). Clmrlc5 Jc~ol. L5 nn Libra;re, Dr. Authur Gale Mal,cl:m. Joseph Mclnl~ Ann M;15 or. Mr. Moss. Norm:m Ymm'., - I.'01~ ~A II~I'.NI.N(; ,/ WIDENING "THE BERM" WE, THE UNDERSIGNED RESIDENTS OF EXPRESS OUR FEELING CONCEIkNhNG THE WIDENING OF THE AREA KaNOWN AS "THE BERM" AS FOLLOWS: NAME UNIT # 'FEL. # FOR OPP_OSEI~ WIDENING "THE BERM" WE, THE UNDERSIGNED RESIDENTS OF /~ k~ ~ k, EXPRESS OUR FEELING CONCERNING TilE WIDEN THE AREA KaNOWN AS "THE BERM" AS FOLLOWS: ~G OF NAME U.,'NIT # TEL. # FOIl '9, X ly;,~.L/ tM~'~.~ ~-~ ~v- 2~,: ~ .5' q ' ? ' 9 .'¢ '-~ " ~ ~,07 _ -7 ¢ O's' -'- WIDENING "THE BERM" WE, THE UNDERSIGNED RESIDENTS OF /~ (/'/~ / ~ A// -' EXPRESS OUR FEELING CONCER~NING THE WIDENING OF THE AREA I~OWN AS "THE BERM" AS FOLLOWS: WIDENIN ~ "THEBEI~]' WE, THE UNDERSIGNED RESIDENTS OF EXPRESS OUR FEELING CONCERNING TIlE WI1)ENIN(; OF TItE AREA KNOWN AS "THE BERM" AS FOLLOWS: NAME UNIT # TEL. # FOIL__ 01~ILOS.E.I~ ~,~,~.,. ~-,.~ ~ ~ ~-7F~7 ~ / ~ ~-~ ..~ ~ .. ~?~.~ ~.~.., ~ ~ ~Z ...... 8 .... ,, ,2~/ '" d ~ ","' , " . ~/~,,~.,:~j,,~. ~ ~..~.. 2:~-~z~': ~-' .... · , WIDENING "THE BERM". WE, THE UNDERSIGNED RESIDENTS OF EXPRESS OUR FEELING CONCERNING TI-IF; WIDENING OF THE AREA KNOWN AS "THE BERM" AS FOLLOWS: NAME UNIT # TEL. _~4,,~ ~,~J_~~I~'' '~ ~'~.~ ' 0 - ' ~ ' ~. ~ - . ~0 WIDENING "THE BERM" . WE, THE UNDERSIGNED RESIDENTS OF,,,~., EXPRESS OUR FEELING CONCERNING THI~ WIDENING OF THE AREA KNOWN AS "THE BERM" AS FOLLOWS: /. WIDENING "THE BERM" WE, THE UNDERSIGNED RESIDENTS OF ~~ EXPRESS OUR FEELING CONCERaNLNG THE ~VIDENING OF THE AREA IC~OWN AS "THE BERM" AS FOLLOWS' WIDENING "THE BERM" WE, THE UNDERSIGNED RESIDENTS OF~/- '~qT~ EXPRESS OUR FEEL~G CONCERNING THE WIi)ENING OF THE AREA I~NO'~VN AS "THE BERM" AS FOLLOWS: WIDENING "THE BERM" WE, THE U~DERSIGNED RESIDENTS OF ~i6R~o~ EXPRESS OUR FEELING CONCERN~qG THE WIDENING OF THE AREA IG'qOWN AS "THE BERM" AS FOLLOWS: /oj z> 3 · 14, o~0.-% WIDENING "THE BERM" WE, THE UNDERSIGNED RESIDENTS OF ~..,~_;.' ~C~I. ' EXPRESS OUR FEELING CONCERNING Tile WIDENI~G ()I: THE AREA KNOWN AS "THE BERM" AS FOLLOWS: WIDENING "THE BERM" , , w~, Tm; Lrm~;rtsm~m) m;SmENTS OF ~f,:c~r~ ~ ~':~'~:~ /' EXPRESS OUR FEELhNG CONCERNING T~tE WIDENIN/G OF )-[c'r/7,'ozA- THE AREA KNOWN AS "THE BERaM" AS FOLLOWS: It? P/.-/.- .9- 16G 4 WIDENING "THE BERM" 27a<~ WE, THE UNDERSIGNED RESIDENTS OF ~l C) ~ EXPRESS OUR FEELING CONCER2qlNG TIlE WIDENING OF THE AREA KNOWN AS "THE BERM" AS FOLLOWS: -tt I WIDENING "THE BEI~." ~ WE, THE UNDERSIGNED RESIDENTS OF EXPRESS OUR FEELING CONCERNING TIlE WIDENING OF THE AREA KNOWN AS "THE BERM" AS FOLLOWS: NAME UNIT # TEL. # FOR .... Dlki.'__OSED- WIDENING "THE B "' WE, TIlE UNDERSIGNED RESIDENTS OF _I~_~~. ~~ , EXPRESS OUR FEELING CONCERNING THE WIDENING OF THE AREA KNOWN AS "THE BERM" AS FOLLOWS: ~LAME I'_OSED. *,0'2 C: 5 O/Ad WIDENING "THE B~....._~.~"' ~-~ WE, THE UNDERSIGNED RESIDENTS OF~,--'- ~' EXPRESS OUR FEELING CONCERNING TIlE WIDENING OF THE AREA KNO~ AS "THE BERM" AS FOLLOWS: NAME UNIT # TEL. # FOIl__. OPPOSED_____J sSUE: OPPOSEb F..C, VOP- . ~E~d:,. .... ,... j :)- OPPOSEb ~5$UE: OPPOSEb · I ~55UE: OPPOSEb ZSSUE: ~16G 4 .~, OPPOSEb FAVOR ]:55UE: OPPOSEb FAVOP, Zl OPPOSED :AVOP. ~ ~ OPPOSEb FAVOE OPPOSEb ~AVOP. I -9,4'-' :ES,SUE: OPPOSEb FAVOE OPPO~Eb FAVOP, '.~.~b. ~w 5 .I I:sSUE: OPPOSEb F"A V 0 P. ,,,/v'/ IssUE: O?POsED V / / ~// / VII J NO. : 941 592 6717 John Mc Cue Harriet Mc Cue 6830 San Marlno Drive #702 Naples, Florida 34108 Voice/Faa (941) 592-6717 t'tqR. ~5 ~.999 03:5~?M P~. March 50 1999 Board of Collier county Commissioners Gentlemen/Ladies' I am a year-round resident of Pelican Bay. I oppose widening the berms that separate Clam Bay reserve from pelican Bay. ostensibly- two concerns support the widening' safety and convenience in the light of Pelican Bay's growing population's use of the berm for walking, jogging, bicycling and roller- blading along with tram traffic. Both reasons are reducibl9 to convenlence which is further reducible to too much tram traffic. First, the berms are inadequate really only during high-season traffic We could never widen tho berms enough to make separate safe lanes for every use. Are we to widen alt SW Florida roads because of so many seasonal residents and tourists? Or do we encourage a certain amount of patience and tolerance for crowded condit lens? The nub of the problem is tram traffic. There are too many trams traveling at too high a speed. And wider berms would not solve the volume, speed and safety limits already extant on the boardwalks, Why so much tram raffic? For beach-goers convenience. During the busy months, why can't more of us walk to the beach or back and why can't more of us wait patiently an extra %5 or 30 minutes for a seat on fewer trams? Whichever end o[ the tram run we're at. ~t's beautiful waiting in line is Going to kill us~ We all need to get where we're going all a~ once and immediately? If our children w~re as impatient and inconsiderate as some of us adults can be during crowded times, we'd scold them. On the other hand, berm widening is just another incursion into the delicate ecologic31 environment of pelican Bay and the mangrove forest/wetlands- the further urbanizing of the Clam Bay reserves, the paving over of nature-as-is So ,we want tc build bulk-heads and retaining walls until the berm lengths look like Ft. Lauderdale canals! A wider berm would giv~ more excuse to truck and other automotive traffic (only for a "good .reason, of course!). And all at what essentially unnecessary expense? And why7 Because some of us are inconvenienced by maybe having to wait for fewer and more leisurely paced trams during Season! We'Ve already spent too much money and cut too much into tho vegetation and habitat at the be. ach itself on th~ same · ' of convenience tha~ everybody has.eat all at once reasont.ng,~.ng .... , Sion the madness! ,¢ / / ) / durinc nlg~ sea~u,~, r ,, -- · · - p.t FAX DATE: 3/11/99 TO: Mr. Jim Carter COMPANY: Collier County Board of Supervisors PHONE NUMBER: FAX N UMBER:774-3602 TOTAL # OF PAGES: 2 FROM: JO AND JOHN BUSBEE ADDRESS: 7072 VILLA LANTANA WAY NAPLES, FLORIDA 34108 TELEPHONE: (941) 594-7773 FAX: (941~ 596-4941 COMMENTS: Mr. Carter, please see attached a copy of a letter sent to The Services Divison. We also wrote Mr. Hame~ at the Foundation office. We do hope that you agree. P.S. We did give you our vote over Mr. Hancock. 7072 Villa Lantana Wa.-,' Naples. Fl. 34108 March I!. 1999 Pelican Bay Services Division 801 Laurcl Oak Drive, Suite 605 Naple$~ Fl. 34108 We ag full time, long time residents of Pelican Bay are TOTAl opposed to widening of the bcrms If we have a problem, then consideration might be given to limit~g them To foot traffic and trams only. Sincerely. Mr. & Mrs. John Busbce ~1a~.-~1-9~ 04:03P aha 941 591 1123 P.O1 Couunb,~;icner .ia:nc:~ Cane:' 7ZO 'lin'kev Oak l.,mc N-'.tqc~. t"'t. ?4 I08 'fhm'sd. Lv, ,',.Lu'cil i i. 199t' C,,x~l ):'.'cm:t,g Conmw, it.h:n. nice re l!ll('r:!ktllOJl. I ,.,,'.ti. gOt!l:~ t~? .q.',t~ik ',:'1t}1 .vott .tbollt tho I.~toIH'--',[ o[' ?.'lti'-'l:i)l .',, :it;. i",c:'tll ;1.", ..' ',t,' ' !., .',: [~av t, ttt decided it wa.~ tso[ the time er place. /,.I':c,' ]1~.-.,:'i!1,'4 tis,: 5pc~l,:er~ c(.'.lTsidcr Iht .'lccd to:'" ~ .... ',~; '.trort.,~;v ,/CVC?/~l::CHl !tCc',./$ ;~ t';, ',, ', ...... :;'.'t/: :t,.,, J .... '"' · . ,L.',o,,.. ...... 't~!l:!tli~/.':lt'. ",C< ,I'~ 110[ {0 ,,'. ,~.. , ClI','iFOILIlleIII ,;11 lilt: IIItIIZ'V '(Or ;lll','ItlO!'¢}: il' L'k.'~'.tlll¢ ".'¢1'.' t,' :he t:k/,,:; th,It L,:::~ughl us here Io ?cbc.in l.:,tv in thc nrst ~.,~;x. Wt' Itl!iXt D.'?,t.q~Zl OUi' b~roPdM. It ]~, Oft! stron$ t'CC]ing, as ~ .cropc'/:y ,md shoukl not Dc nl.tde wider. Thc wiktliic Il.p, ah'e.tdv Wace. Poe?lc have eVell 51lOt al~,~:ttor~ to :~[~[cs. dnc~. walcrbirt~ of aU kintN. displaced by the constmcl:en $k~nt~, thc p~:- dr. tnlagc l:[:u~ and thc large ,itait:lliy o:' lllIillCrS, walkcrz, roRelbiadcrs, b~cycles illld extra ti'dillS l}litl II'ClX'C[ Iht CXl%llll~,', BcrtJI. I lhi)Lk :,,'e need to De mo:'e ]:ariem. c,lov thc wd,'lhic at,,d m;!tl.<.:'ov.e.; th,it ."/, ~H' a,~ )l)?i' .l:;d o'!?;c'//f/Ic' cra:firm {lit' it:Ica not to 'ri =, A~-tlmr]& F, obcrSa l tccht BOARD OF DIRECTORS 3/17/99 Dr. Alan Varley, President Pelican Bay MSTBU Advisory Committee Pelican Bay Services Division 801 Laurel Oak Drive Suite 605 Naples, FL, 34108 Dear Dr. Varley: The Board of Directors of St. Pierre Condominium Association, representing unit owners, has voted unanimously to oppose widening the berm road. I have included copies ofthis letter, which I request that you distribute to the other members ofyour Committee. 105 None of the arguments put.forward for widening the bcrm persuades thc St. Pierre Board of Directors that your Advisory Committee should give the proposal any support whatsoever. We are adamantly opposed to the project. Some of our reasons for objecting so strenuously t~) the proposal are I) No compelling reasons widening the berm have been advanced. 2) The argument that it should be widened for safety concerns is totally without merit. 3) We have in the mangroves and the adjacent wetlands an irreplaceable natural treasure. To widen the berm would devastate the wetlands bordering the berm and destroy feeding, breeding, and living space for hundreds of insect, reptile, fish, bird, and animal species already crowded severely by the development along the eastern border of the area. It would seriously diminish the pleasure Pelican Bay owners now take in observing the rich and complex life along our berm. As well as taking pleasure from the wetlands bordering the berm, we have a responsibility to protect the area and to pass it along to our successors undiminished and, hopefully, enhanced. Nothing of remotely comparable value to what we now enjoy is offered in exchange for the destruction that would accompany the widening process. 4) To widen the berm would only encourage an increase in the number °fwheeled vehicles on the berm. And 6825 GREaNADIER BOULEVARD · NAPL -E..S. FLORIDA :34108 (941 ) 566-1248 . FAX (.941 ) 566.2279 ST, PIERRE CONDOMINIUM A~$OCIATION, IN(;. BOARD OF DIRECTORS increasing the width of the berm would encourage the vehicles to travel at a greater speed, a development that would itself create a safety problem. 5) In its present form, the berm is a major amenity in Pelican Bay. It should be stressed that the berm exists for the pleasure and primary use of the property owners who, walk, stroll, jog, bicycle, and roller blade on it and not for the convenience of the service component of the Pelican Bay Foundation. 6) If the total cost of widening the berm were a plug nickel, the St. Pierre Board of Directors would oppose it, and we certainly oppose the expenditure ofseveral hundreds of thousands of dollars on an unnecessary and ill-conceived project that would severely damage a fragile ecosystem and diminish rather than enhance the quality of life fbr the residents of Pelican Bay. If you or any members ofthe Advisory Board have any questions you would like to ask me, I would be happy to respond to them. robys@n aples, in fi. n el 6825 GRE2'4'ADIER BOU1.EVARD · NAPL -E.S, FI.ORIDA /1410/q Pelican Bay Foundation. Inc. 6251 Pelican Bay Boulevard Naples, Florida 34108 (941) 597-8081 Fax (941) 597-6802 March 24. 1999 George Wcmer Chair Long-Range Planning Subcommittee MSTBU 801 Laurel Oak Drive Naples. FI. 34108 Dear George: ! wish to withdraw my proposal to expand the North Berm. In consideration of thc community's sentiments. I think it is best the Foundation consider other alternatives. I would like to personally th~k you for courtesies shown during our presentations and thc consideration the subcommittee provided. I will be glad to provide copies ofoQr proposal presentation and other info.etlon as you desire. Presidbfit ~ xc: Dr. Alan Varies' Feund2tion Board of Directors EXPENDITURES Em~lronmcntal Consu It. Akcrman, SentcrfitL cl. al, L~4s Environmental Se~v. :...~ Tack. ney & Associates Wilson, Milh.-r, et. al. ~. Dr. Samuel Snedcker '~: Hilbum ttiLs-tad · ? Turrell O%hc-r Expenditures Sub-Total Tidal Cree~ 1.2 & .1 Engineering Comtruction Tackn~. Turrcll Agnoli, Bather & Brundagc Engineering DesiRn Tacknev Tunell Agnoli, Barber & Bnmdagc Capital Improvements Sub-Total PELICAN BAY SERVICES DIVISION CL.AM BAY RESTORATION FUND FebruaO' 28. 1999 F.Y. 1997 F.%'. 1998 F,Y. 1999 Total Exp. Budee! Budget Budget Budl~et To Date Balance 153.168 71.460 54.184 47.112 7.¢~) i 10.550 18.524 361,999 Feb. 1999 Expenses . S S S S S $ S SO 54.532 S S ~r"" 'c" 7,540 $ $ 79.¢gg~ $ 78.732 S 26~ 32.316 S S 86.5(~ S 86.5r~) $ $ ........ S 90.f~ff~ S t,7.675 $ 22.325 20.599 ~ $ 27.~) 5 %997 S 17.ot~3 S 38.550 S 49,1~) S 10.55o 5 38.550 S ~,5fg) $ 66,5(~) $ 12,896 $ 53,6f)4 S 3.074 161.794 $ M.050 S 214.368 $ 28.175 $ 186.193 S 12- 297,344 S 161,425 S 820,768 S 502,208 S 318,56o S 3,801 500 38.90(I $ 1,34o $ 18,774 $ 8,016 $ 7,30g 10.36i $ 1,939 $ 184.5(Io 269,130 $ 269.13{I $ 29,136 S 239,994 S 7,398 38.900 $ I.~0 $ 1.340 26.7~) S 26.79O 12.3Cg) S 12.3f~; ~.5{R} $ 184, Clam Pass Main Channel Engineering Construction Tacknev Turr¢ll Barber & Brtmdage g De, ign Tackn~. Turrcll Agnoli. Barlx-r & Brundage Snedaker Capital Improvements Sub-Total $ S S S S S S S SO $ 1.335 $ 1.335 $ $ 2.1.';SO $ 2.l.O.~h S 23.~12 $ I0.~o S ]0.M,o S 8.737 SO S ~03,615 S 503,615 S 43,419 S 460,196 S 5,211 Interior Tidal Creeks Engineering Construction WMB&p ~Turrcll Interior Tidal Creeks Engineering Design Le~s Environmental WMB&P Engineering Consultants Lewis Environmental ImproYements Su b-Tots I $ S S S S 17.45{) $ t%450 $ 13.31..9 $ .,Iit S 9,832 12.620 $ 12.620 $ 12.o2o S S $ $0 SII $ 43.t~81 S 43,00o $ 3.166 S 3%834 $ 1,0~ 225.0tff) $ 225.00o $ '- $ 225.000 $ 312,070 $ 312.070 $ 16,485 $ 295.585 S 10,832 Page I Seagate Cub'errs EnRineering Construction WMB&P EnRineering DesiRn ~P Capital lmp~'ement~ Sub-Total PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND FebruaO' 28. 1999 F.Y. 1997 F.Y. 1998 F.Y. 1999 Total Exp. Budget Budget Budget Budeet To Date Balance S - S 8,300 S S S 12.385 S 1~..85'~ $ $ 12.3s5 S S - S 70.000 S 70.(~ SO S0 S 90,685 S 90,685 S.0 S 90,685 Feb. 1999 Expenses . EcoLvstem Enhancement~ Environmental Consultants $ Other Contractual Sen'. $ Other Operatin~ Supplie~ S Sub-Total $ $ 2.0(~1 $ 2.(~}o S $ $ $ 18,500 $ 18.500 $ $ 18.50o $ $ 18.500 $ 18.5o0 S $ 18.5oo S0 SO S 39,~}0 S 39,0~x} So S SO 30 $ 245,000 S 245,0~N! S 9,350 S 235,650 S ' ' Capital Outlav Improvements General S 15,459 $ $ $ 15.459 S 15.459 Other Machinery& Equtp $ 2.827 $ 1.900 S S 4.727 $ 4.727 Sub-Total S 18.286 S · 1,900 50 S 20.186 $ 20.186 Other Fe~s & Char~e~ Tax Collector $ 10.214 S 12.827 $ $ 23.c~11 $ 23J}-11 $ S " Property Appraiser $ $ 8,637 $ $ 8,637 S 8,637 " Revenue Reserve S S S $ $ ." Sub-Total S 10,214 S 21,464 SO S 31,678 S 31,67}1 S0 TOTALAPPROPRLATIO,NS [ S 390,499 ] S 320.7118 [ $ 1,620.925 ] $ 2,332.132 I S 652.462 I $ 1,679,670 ] $ 28.238 : Itilbum ltilleslad 'Cecil's Copy Express Grainger L~ais Environmental ~ Grainger · Murdcipal Supply & Sign Co. Signtek, Inc. .~ Taylor Rental ,, :: Ludlum Construction Co. TOTAL INVOICES DATE ACCOUNTS PAYABLE -FEBRUARY SERVICES INV. NO. AMOUNT TIIRU 12129~97 35793 $ 29,700 O0 03/05/99 7961 S 95.00 03/09/99 28%773893-6 $ 304 47 03/16199 99021 $ 8,669.OO 03/09/99 834-773892-7 $ 42.54 03/I 5/99 63179 $ 114.84 03/12/99 100500 $ 515 oo 03/I 1/99 160323 S 50 03/I 5/99 I $ 69.750.0O S I09,240.85 12131197 03105199 03109199 02/28/99 03/09199 03/l 1/99 03/12/99 03/1 l/99 03/15/99 Page I I I I I I I I I I Pelican Bay Services Division I I I I I I I I 0 16G ..t 4 I I '?ter ~erry ~, ,. ~ ADVISOR~'COMMITTEE The Radio Road Beautifi~tion MSTU Adviso~ Committee Meeting of Monday. t,,Inrch 8. 1999 was ~lled to order at 4:45 p.m. ,· ROLL CALL: Members present: Wolfgang Schultz, Bill Jaeger. and Crystal K~nz~}l Also present: Ed Kant, Transportation Services Department Director; Dan DeCesare. Transportation Services; Dayna Fendrick and Dan Novakovich. Wilson Miller; Absent: member, Kate Godfey-lrwin (not excused), and recording secretary-Manpower Services, Inc. MINUTES of the February 8, 1999 meeting ,,,,'ere approved by Crystal Kinzel as submitted and seconded by Wotfgang Schulz. 4. LANDSCAPE ARCHITECT'S REPORT: Dayna mentioned that she had recewed a cop7 of the South Florida Water Management Permit and it appears that a permit modification for the proposed landscape work is not needed. Dan DeCesare is in lhe process of reviewing the permit. Ed recommends proceeding with the design, however, prior to any construction start, he would like to see a letter from the District approving the median improvements. A discussion ensued concerning the median drainage and the existing inlet structures. In short, some of the structures will have to be modified to adjust to the new contour of the median. Dayna stated that the irrigation needs of the project, at a minimum, will require four water meters, and a main line system running between the islands. The consensus of the committee was to use as little water as possible. Dayna and Dan Novakovich presented their three master plan concepts to the committee. · Scheme "A" (minimum plantings) includes planting areas equal to 92.250 SF. Bahia sod areas totaling 322,470 SF, and irrigation for the planting beds only Construction cost: approximately $591,888.00. ,, Scheme "B" (medium plantings) includes planting areas equal to 132.292 SF, Bahia sod areas totaling 282,327 SF, and irrigation to the planting beds only. Construction cost: approximately $684,153.00 · Scheme "C" (maximum plantings) includes planting areas equal to 229.640 SF, Floratam sod areas totaling 185,080 SF, and irrigation for 100% coverage of planling and turf. Construction cost: approximately $865,549.00. Wilson Miller recommends using Scheme "B" for the design of this project. After reviewing and discussing the plans presented, the committee recommended using Scheme "A" for the design. Wolfgang Schulz made a motion to accept Scheme "A"; seconded by Crystal Kinzel. 5. TRANSPORTATION REPORT: A copy of the budget was distributed. Discussions ~ · followed concerning the available funds and the cost to proceed with the construction of the .:project. Ed informed the committee that a loan would be available that will help accelerate the schedule. Ed also informed the committee that his staff wo~ sh0~.begin preparing the'il999-2000 budget and that by next month's meeting ,j";~'hthC~we'budget will be }resented to the committee for their review. A resume for Susan Saul wa~s,, p, rese,pted to the committee for their reView for the vacant cOmmittee membeg~6s~iomL~t~e~i~g ~ ~' and discussing the resume, C~stal Kinzel made a motion to accept Susan Saul for the ,~ larch 8, 1999 Radio Road l~e, mz~ficatio, .,htvi.~'orv Com~/f/?qc -~.?z~,c I RADIO ROA, I) BEAUTIFICATION 3I.S.T,t'. ADVISORY CO~I3IITTEE position, seconded by Wolfgang Schultz. Dan will notify Sue Filson of lhe commitlee's recommendation. 6. OLD BUSINESS: There was no old business to report. 7. NEW BUSINESS: Bill Jaeger asked about the landscape work done on Commercial Boulevard just north of Radio Road. Dan will check to see if a right-of-way permit was issued for the work. There was discussion concerning Ihe absence of Kate Godfrey-lrwir:.,. Crystal asked Dan to try calling her to find out il' she still plans to continue to be a member of the committee. PUBLIC COMMENTS: There were no public comments. ADJOURNMENT: There being no further bus~ness, the meeting was adjourned at 5:50 p.m. The next meeting will be held on April 12. 1999 at 4:30 p.m. at the Golden Gale Community Center. RADIO ROAD BEAUTIFICATION ~I.$.'r.t;. ADVISORY COMAII'FI'EE Meeting cf March 8, 1999 SUMMARY OF RECOMMENDATIONS AND MOTIONS: 4. The committee recommended using Wilscn Miller's Scheme "A" for the desigrl of Iheir landscape project. The motion was made by Wolfgang Schultz and seconded by Crystal Kinzel. The committee reviewed the resume of Susan Saum and recommended that she be chosen to fill the vacant position on the committee. The motion was made by Crystal Kinzel and seconded by Wolfgang SchulLz. RADIO ROAD BEAUTIFICATION CONCEPTUAL OPINION OF CONSTRUCTION COST COMPARATIVE ANALYSIS SUMMARY MARCHS, 1999 SCHEME "A" Planting Irrigation (Drip to Planting beds only) TOTAL SCHEME "B" Irrigation (Drip + Spray to Pint beds only) opso~l TOTAL SCHEME"C" Planting Sod (Ftoratam) Irrigation (100% Coverage) Topsoil TOTAL 92,250 SF 322,470 SF 52 47/SF 5.15/SF 5228,283.50 $48,370.50 S245,23500 $70,000.00 $591,888.00 132.292 SF 282,327 SF S2.49/SF 15/SF 5330.543.00 542,350.00 5241,260.00 $70,000.00 $684,153.00 229,640.00 SF 185,080 SF 52.16/SF 5.25/SF 5496,779.00 '546,270.00 5252,000.00 570,000.00 $865,549.00 RADIO ROAD BEAUTIF!CATION - CONCEPTUAL OPINION OF CONSTRUCTION COSTS IRRIGATION BREAKDOWN I~IARCH 5, 1999 16G IRRIGATION BACKBONE DISTRIBUT10 .N COSTS DESCRIPTION: EST. QTY UNIT UNIT COST TOTAL COST 2' Water Meier (Medians 20-22) 1 1.5' VVater Meter (Medians 1.19) 3 2' Red. Press. Backflow Preventer 4 Class 200 PVC 3' Irngaticn Main 12.0OO- Central Control Unit 1 Field Satellite Control Unr. s 4 Controllers' Commumcation Cable 10 Sleeving 1.500 DISTRIBUTION SUB.TOTAL: 10 % CONTINGENCY: DISTRIBUTION TOTAL: DISTRIBUTION COST AND SCHEME SUMMARY E~CH F_ACH L.F. EACH 5ACH $ 7,800.0o S 5.000 O0 $ 1.000.00. S 3 30 S 3 500 O0 -S 3.00000 S I 10 S 4200 .7,800.00 15,000 O0 4,000 oo 39.,.600 oo 3, 500.00 12,000.00 11,000 oo 63,000 O0 155,900.00 15,590.00 171,490.00 DESCRIPTION MEDIAN COVERAGE DISTRIBUTION COST TOTAL COST SCHEME A - BASIC DRIP $ 73,745.00 SCHEME B-DRIP & SPRAY HEADS $ 69,770.00 SCHEME C- 100% COVERAGE $ 81,010.00 171,490.00 171,490.00 171,490.00 $ 245,235.00 $ 241,260.00 $ 252.500.00 Note: Costs shown do not include electrical service. RADIO ROAD BEAUTIFICATION BUDGET CYCLE ANALYSIS LANDSCAPE CONSTRUCTION PHASING MARCH 5. 1999 Current Funds Available: S362,000.00 (88% of overall budget) Funds Available October1,1999: S260,000.00 x 90 % ofoverallbudqet $234,000.00 Current Funds October1 Funds Total Funds Available Maintenance Reserve: $50,000.001 mile / year x 3 = Assume 1 year maintenance cycle: Assume 6 month maintenance cycle: S362,000.00 $234.OOO.OO $596,000.00 S150,000.00 $596,000.00 -S150,000.00 S446,000.00 Available for Construction $596,000.00 ..-$75,000.00 S521.000.00 Available for Construction I H" DEPENDENT DISTRICT - AUDIT COMPLIANCE listed bdow are identified bi the Department of Community Afl. in u dependent ou your county. With r~fe~nce to Section 218~4 (2), Florida St~fle~ please indicate whether tbe proposed budEet of the dependent district hs b¢~ coattined md ldcntifled within your L~nerd budret or Imdrcted septmtdy. 11/06,/98 UnltlD: I00011 MtnnPr in Which Rud_peted Dependent Districts of Collier County Contained and identified within general budge~ of governing authority Budge~xl 300538 300539 30O54O 300541 Collier Couaty ~ De, v~lopmem Auth 300542 Collier Coa~ Wad'-Sewer Dis~-ict 300543 Ma~o Wmer and Sewer Dis~rici Goodland Mater District N/A I bcrc~ ccrtify that those dcpcndcnt districts which ar~ budgeted scparatcly, havc complied with the legally ~ ndit. _mluircmcnts pursuant to Section 11.45 O) (a) 4, Florida Statutes for thc fiscal y~r~ 3/30/9~ Director of Finance and Accounting N./A X 161 2 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 161 5 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 To: Collier County, £1oriOa REqUeST FOR LEGA~ADVERTISING OF PUBLIC HEARINGS Clerk to the Board: Please place the follow~ng as a: /XXXX/ Not~al Legal Advertisement /_____/ Other: 17A 11/28/84-$50 (Display Adv., location, etc.) O£igtnating Dept/Dlv: Com. Dev. Serv./Current Plannin~ Person:~Date: {Sign clearly} Petition No. (Zf none, give brief desc:iption): SV-99-OI Petitioner: {Name &addresa}: James NcYez of Gates McVe. y_Builders~ Inc., 5405 Park Central Cour~ 34109 Name & Add£ess of any person{s} to be notified by Cle£k's Office: Park Central DeveZo ers of Ha les Inc. {If more space needed, attach separate sheet} 5405 Park Central Court~ r~. 34109 Hearing before: /~ BCC /'------/' 8lA /'---'--/' Other Based on advertisementappearing days before hearing,* Requested hearing date: 4/23/99 tJewapaperls! to be used: [Complete only if impo:rant /------~, ~ /XXX__~X< Naples Daily News or legally required ~! ~ Other ........ ;;; ; icy ' Proposed Text: (include legal deacr pt n i co location i ~:;e~: $V-99-01, Jame M Gates McVey EuildersF :n¢.~ ~epresenting Park Centra! ~.vel~F.e~$ 14.5 foot varzance from the requlre~ :5-foot ~ront North for a ~onument t.z~e sign lecate+3 at 5420 South~ Range 25 East. ' Companion petition(st, :f any, & propose~ ~earin~ Does Petition Fee :ncluce Advertising Cost? Yes /-~. ~, No / for advertising costs: 123-138323-649110 --.~ / J] Revlewed by:o~ Approve~ by: Division Hca te County Manager Date , / List Attachments:ill (2) 13) DISTRIBUTION INSTRUCTIONS A. ~or hearings before BCC or BZA: ~nitlating person to complete one copy and o~galn Division Head approval before submitting to County Manager. ~IOTE: I~ le~l ,:gcument is involved, be sure ~a~ any necessary legal reviewf or request for samer :s submitted to ~oun:% County Manager, The Manager's Office will distribute cop~ea: / / County Manager agenda ~lle: / / Requesting Dlviszon: /-----'~ Original to Clerk's Office · Other hearin<~s: ;nttiating Division Head 1o approve and suomi~ .;.'lglnaI to Clerk's Office, retaining a copy for ftleo CLERK'S OFFICE USE ~LY Date Receiv~ ~ Date 17 ,I ,I I?A April 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SV-99-01 Dear Pam: Please advertise the above referenced notice one time on Sunday, April 11, 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. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that'the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 27, 1999, in the Boardroom, 3rd Floor, Administration Buklding, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SV-99-01, James McVey of Gates McVey Builders, Inc., representing Park Central Developers of Naples, Inc., requesting a 14.5 foot variance from the required 15 foot side yard setback to 0.5 feet along Y.M.C.A. Road and a 10 foot variance from the required 15 foot side yard setback to 5 feet along Airport Road North for a monument type sign located at 5420 Airport Road North, in Section 12, Township 49 South Range 25 East. , 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 organization may be allotted 10 minutes to :'~,~t:,~ 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, CI{AIRWOMAN DWIGHT E. BROCK, CLERK BY:'.i /s/Ellie Hoffman, Deputy Clerk (SEAL) April 1, 1999 Mr. James McVey ~./~.:Gates McVey Builders, Inc. 5405 Park Central Court Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition SV-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK E11ie Roffman, Deputy Clerk Enclosure April 1, 1999 Park Central Developers of Naples, Inc. 5405 Park Central Court Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition SV-99_01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal "notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. -You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 99- RELATING TO PETITION NUMBER SV-99-01, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to estabIish, 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, amo'ng which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 14.5 foot variance from the required 15-foot front yard setback to 0.5 feet along Y.M.C.A. Road and a I0 foot variance from the required 15- foot side yard setback to 5 feet along Airport Road North for a ground sign as shown on the attached plot plan, Exhibit "A", in a C-1 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 ZONTNG APPEALS of · Collier County, Florida, that: · The Petition SV-99-01 flied by James McVey of Gates McVey Builders, representing Park Central Developers of Naples, Inc. with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 14.5 foot variance from the required 15-foot front yard setback to 0.5 feet along Y.M.C.A. Road and a 10 foot variance from the required 15-foot..aide · 17 , yard setback to 5 feet along Airport Road North for a ground sign as shown on the attached plot ~ plan, Exhibit "A", of the C-I zoning district wherein said property is located, subject to the following conditions: This variance is only for a ground sign as shown in Exhibit "A" BE IT RESOLVED that lhis Resolution relating to Petition Number SV-99-01 be recorded in the minutes of this Board. This Resolutiofi ~dopt~d ~fter motion, second and majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF zoNq'NG APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marj~a~e M. Student Assistant County Attorney I~SV-~-OI ILESOLUTION PAMELA S. MAC'KIE, CHAIRWOMAN '34.01,L~00'$ · . tO, L~O0 '$ EXHIBIT "A" I 2400 ?G: 'All that certala p~a-¢el of lama lTia~ amd beiag ba the Couat7 of Collier amd Stat4 of Florida beia/.more.pa~. 'c,,T-,-ly described as follows: Co,-,,,~eaciag at the Northwest comer of the Nortlra'tst '1/4 of ~ Soutln~t 1/4 oi' the Southwest 1/4 of Section L2, TowusMp 49 South, P. amg~ 2S E~t, Co.e: Couaty, Florida. nm South 89 degrees 55' 48' East 100,00 feet along the North LL~e of .~d Northwes: 1/4 of the Southwest 1/4 cf the Southwest 1/4 .Io the htersec~on of the East right-of:way orAirport Road (CouuS' Road 31); Iheace South 0 degrees 27' 10" West 316.15 ret: along said fight-or, war liae to lhe point or 0 de~'~$ 27' 10' %¥esZ 31325 £ee~ to the Horih Ii~ht-o£.way liae o£ thence South 89 degrees $3' 25" ~ 5~L~4 fet~ s/on~ said right-of-way line; thence North 0 degrees I6' ST' East 313.25 feel; th~n~ North ~ cle~-ee~ 53' 25' %Vest f20.86 feet 1o the Ix)bat o£ EXHIBIT "B" Collier County, Florida 11/£~/84 ':c A£OU£ST FO~ L£GAL ADV£RTI$:~G OF PUEL:C HEAA;NG~ TS: Clerk to :he Boar~: Please place the f.$1Iowlng Ks 3: IX~/ r~rmal Legal ;~3vertl3e~en= / / Other: (Display Adv., [ocat:on, etC.) '°°'°°°°' ° ° °° °' ....... oo-o.o+o . ooo. o {Sign cl~ar.yl '~ ~etition No. {[f none, give brief description): 5'V-99-01 McVe, of Gates McYe Builders Inc. 5405 Park ~entral ~ourt 'la les, FL Nam~ G Address of any person(si ~o be notified by Clerk's Office: Park Central Develc~.r~ of Nap~es,_.lnc. more space ne~, attacA separate shee~) - 5405 Pa~k Central Court, Na-l~s~ FL 34109 [equest~ hea~lng ~ate: 4/27/99 Bas~ on advertisement appearing 15 days be[cra hearing. to be use~: {Co~lete only if i~rtant {.~, /XXZX/ ~aples Daily News or legally required ~' ~l -- f~t variance from the r~u~-~ ~.~--- ~ ' ' ......... c. ,, ~ , .... .~_ . -. _ g 5 - ' ......... ~' ~mcclon iS, T?-r, 2r;~. 4~ South ~an~ . petition,s}, If any, t p=c,~seo hearing cate: ............................................ . _ ' ' ............................................. ................ ~f~ ...... · ............... :Zi:::::.;~ ............................ .,v~ ~: I l Y./ ........... " ~ed _ I~1 ~ ......... ADp ~ ~,,,~; by: Attachment~: I~ (21 (3) ~[STR~uT[~ ;H$TAU~[~ ........................ ~oc hearings before ECC cc EZA: Initiating Detach =o co~lete one copy ar,a cstasn Divisson Head it an ~ ~ ~[~c~ Wll1 distribute copies: -~,,,*~[n co /~ ~un~y Hanager age~a ftl~; /-' f Requesting Division; /'~* Original ~o Clerk's Office ~he= hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining copy ~oc ~lle. FOR CLERK'S orrzc~ UsE ONLY -~ · Date Received ':;¢' * O~'te Of P.H, _Date Advert isa1 17A TO.-,, pA~ 'P~n~F,T,T, NAPLES DAILY NE~S ! I Agril 2, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: "Revised- Notice of Public Hearing to Consider Petition SV-99-01 Dear Pam: Yesterday I faxed an advertisement to you referencing Petition SV-99-01. Please replace that notice with the "revised. notice. Please advertise the above referenced notice one time on Sunday, April 11, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. · ,'-*.: rely, ':i'"~'~.!'Purchase Order No. 912501 17A _REVISED NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of r County, will hold a public hearing on TUESDAY, APRIL 27, 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 99-01, James McVey of Gates McVey Builders, Inc., representing Park al Developers of NapleS, Inc., requesting a 5 foot variance from the required 15 foot front yard setback to 10 feet along Y.M.C.A. Road and a 5 foot variance from the required 15 foot side yard setback to 10 feet along Airport Road North for a monument type sign located at 5420 )orr Road North, in Section 12, Township 49 South, Range 25 East. i~OTE: 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 mihutes to :eak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks 'prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the ~appropriate County staff a minimum of seven days prior to the public :hearing. Ail material used in presentations before the Board will a permanent part of the record. A~y person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to i ensure that a verbatim record of the proceedings is made, which record des the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA S. MAC'KIE, CHAIRWOMAN DWIG}{T E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) April 1, 1999 Park Central Developers of Naples, Inc. 5405 Park Central Court Naples, FL 34109 Re: "Revised. Notice of Public Hearing to Consider Petition SV-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 17/ , Agril 1, 1999 Mr. James McVey Gates McVey Builders, Inc. 5405 Park Central Court Naples, FL 34109 Re: .Revise4" Notice of Public Hearing to Consider Petition SV-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ,%' Ellie Hoffman, Deputy Clerk Enclosure REsOLuT O NO. 99- RELATING TO PETITION NUMBER SV-99-01, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and ~ueh 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-I02) 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 ora 5 foot variance from the required 15-foot front yard setback to 10 feet along Y.M.C.A. Road and a 5 foot variance from the required 15-foot side yard setback to 10 feet along Airport Road North for a ground sign ~ shown on the attached plot plan, Exhibit "A", in a C-I 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, Flori?, that: The Petition .~V-99-01 filed by James McVey of Gates McVey Builders, representing Park Central Developers of Naples, Inc. with respect to tho property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 5 foot variance from the required 15-foot front yard setback to. I0 feet along Y.M.C.A. Road and a 5 foot variance from the required 15-foot side yard setback to 10 feet along Airport Road North for a ground sign as shown on the attached plot Exhibit "A", o£ the C-I zoning district wherein said property is located, subject to thc fOllowing conditions: This variance is only for a grotmd sign as shown in Exhibit "A' BE IT RESOLVED that this Resolution relating to Petition Number SV-99-01 be 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 as to Form and Legal Sufficiency: ori¢ M. St 2ounty Attomey f}~/-~-O I RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN. NapLes, ~L ~10~ Affidavit of PubLication BOARD OF O~bglTY COfl~IZSSZONERS ATTN: TOKYA I~I%LLZPS PO BOX &1~016 NAPLES FL NCE: 001ZtO 912~01 57~599'19 sv-99-01 REVZSED I~T Stlte of Florida Count~/ of CoLLier Be?ore the unc~rltgned I~rthortty, personalty Iq~iered B. Limb, who on oath i~ys that she serves ii the Asstitlflt Corporate Secretary of the IIIity Nevi, I daily newspaper pubLtJhed at H~ptes, :Jrt Cotl,$er Co~ty, FLorida: that the attached ~y of Mver~tstng ~s p~btt~hed in ;~r on dates Listed. · ~' Affimt further ~ thet the aaSd Nq)1.eJ Oatty 'llws t$ ·ne, mpeper pubLtM~KI at I~pLes, tn ~atd CoLLier County/FLorida# and that the h~ heretofore bHfl conttr~x~Jsty ~n ~d CoLLier County, FLorida, ~ch ·nd h4s been entered as second cl. as~ mil Im~ter et the IX~t office In Neptes, ~n setcl ~ttier ~, FLorida, for · Pert~ of I yenn tha ftrlt ~t~tion of the ~ of ~e~il~t; ~ ifft~t ~1 that h hal oaither Paid r~r ~ Per~, ft~l or ~rltton ~ ~te, ~tllton or ref~ for th pu~ of te~rtH thtl ~artis~t for ~LJ~ttm in the laid r~r. PUBLZSHED ON: 0~/11 REVIS~=D NOTICE :~ Pk~.K: ~U~IG Coune~, w~# hold a Ix~k: .'~ '~;' ~ E~ ~ ~ SV~I, ~V~ ~ r~ P~ '~ '*' tral Oevel~ers ~10~ , R~. ~'~ by ~e Cholrman~ o ~~a~ Per.ns wishing to ~~or~ 8OARD OF COUNTY: ~~s ' DWIGHT · I.'? BROCK, RESOLUTION NO. 99-21___~_7 RELATING TO PETITION NUMBER SV-99-01, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability ofa 5 foot variance from the required 15-foot front yard setback to 10 feet along Y.M.C.A. Road and a 5 foot variance from the re~luired 15-foot side yard setback to 10 feet along Airport Road North for a ground sign as shown on the attached plot plan, Exhibit "A", in a C-I 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 mattera 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, ali interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV-99-01 filed by James McVey of Gates McVey Builders, representing Park Central Developers of Naples, Inc. with respect to the property hereinafter described as: Exhibit "B" b~ and the same hereby is approved for a 5 foot variance from the required 15-foot front yard ~etback to. I0 feet along Y.M.C.A. Road and a 5 foot variance from the required 15-foot side yard setback to 10 feet along Airport Road North for a ground sign as shown on the attached plot plan, Exhibit "A", of the C-I zoning district wherein said property is located, subject to the following conditions: This variance is only for a ground .,ign as shown in Exhibit "A" BE IT RESOLVED that this Resolution relating to Petition Numbcr SV-99-01 be re~:orded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. . em E. BROC~ Cl~k 'to F~'~ and l.~gal Sufficiency: BOARD OF ZONING APPEALS r/MvlI:LA 5. MAU'KIE, CHAIRWOMAN / Assistant Cmmty Attorney gb-'V-~O I RESOLUTION 17A OR: 2400 PG: 1062 All ~hat c~aiu p~c~l of ~ ~ ,,,d beiug h~ ~e Cou~ of ~ ~d S~ of ~o~ ~mm~ ~t the No~we~ ~ of the No~t-1/4 ~t 1/4 of ~n ~ T~p 49 ~u~ ~ 2S E~k ~ ~, ~o~ ~ ~u~ $9 d~ ~' ~" ~ 1~ f~t a~n~ ~e Nc~ ~e of s~d Nonh~g 1/4 of ~e ~u~ 1/4 of ~he ~u~ 1/4 io ~he ~e~o~ of the of~ ~ad (~ ~d 31); ~ No~ 0 d~ 16' 5~ ~ 3~ f~; ~ No~ ~ ~ ~' Z~ W~ ~6 f~ to the ~ EXHIBIT "B" RESOLUTION 99-218 178 RELATING TO PETITION NO. CU-96-01 E FOR EXTENSION OF CONDITIONAL USE OF 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-I02) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on April 9, 1996, the Board of Zoning Appeals enacted Resolution No. 96- 192, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, on the below described property; and WHEREAS, on March 25, 1997, the Board of Zoning Appeals enacted Resolution No. 97-190 attached hereto and incorporated herein, which granted a one (1) year extension to the Conditional Use granted in Resolution 96-192; and WHEREAS, on February 10, 1998, the Board of Zoning Appeals enacted Resolution No. 9840, attached hereto and incorporated herein, which granted a one (1) year extension to the Conditional Use granted in Resolution No. 96-192; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Mr. Thomas R. Peek, PE, PSM of Wilson, Miller, Barton & Peek, /me., representing Naples New Haitian Church of the Nazarene, Inc. for the third of three (3) permitled one (I) year extensions, in interest of the following described property: Lot 99, Naples Grove and Truck Co., Little Farm #2 as recorded in Plat Bookl, Page 27, of the Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-192, attached hereto and incorporated · 178 herein as Exhibit "A", and ali conditions applicable thereto, is hereby extended for one additional year until April 9, 2000. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this (~ K'~ day of~, 1999. E::BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:~ Sufficiency: ~,~'t~- ', ", ,~ . ~ . ~?;;~.-...:: 2. '_: : .,,~, ~... -.- .... ~.' ;